11-08-2022 City Council Regular Meeting Packet
City of Grand Island
Tuesday, November 8, 2022
Council Session Agenda
City Council:
Jason Conley
Michelle Fitzke
Bethany Guzinski
Chuck Haase
Maggie Mendoza
Vaughn Minton
Mitchell Nickerson
Mike Paulick
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
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City of Grand Island Tuesday, November 8, 2022
Call to Order
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open
Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room
as required by state law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
Invocation - Pastor Trevon Buchanan, Stolley Park Church of Christ, 2822
West Stolley Park Road
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, November 8, 2022
Council Session
Item E-1
Public Hearing on Proposed Blighted and Substandard Area 28 for
approximately 78.45 Acres Located Northwest part of Grand
Island between 13th St and State St and between Webb Road and
Capital Ave including Conestoga Mall and the Development to the
North of the Mall (Woodsonia Acquisitions LLC)
Council action will take place under Resolutions item I-1.
Staff Contact: Chad Nabity
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Council Agenda Memo
From: Regional Planning Commission
Meeting: November 8, 2022
Subject: Woodsonia Blight Study (Proposed Area #28)
Presenter(s): Chad Nabity, AICP
Background
Woodsonia Acquisitions LLC has commissioned a Blight and Substandard Study for
Proposed Redevelopment Area No. 28. This study is approximately 78.45 acres of
property located in northwest Grand Island located between U.S. Highway 281 and
Webb Road and State and 13th Streets including the Conestoga Mall (Study Area).
On September 13, 2022 Council referred the attached study to the Planning
Commission for its review and recommendation. The study as prepared and
submitted indicates that this property could be considered blighted and substandard.
The full study is attached for your review and consideration.
The decision on whether to declare an area substandard and blighted is entirely within the
jurisdiction of the City Council.
Discussion
The Statutory authority and direction to the Planning Commission is referenced below to
explain the Planning Commission purpose in reviewing the study:
18-2109. Redevelopment plan; preparation; requirements; planning commission or
board; public hearing; notice; governing body; public hearing; notice.
(1) An authority shall not prepare a redevelopment plan for a redevelopment project area
unless the governing body of the city in which such area is located has, by resolution adopted
after the public hearings required under this section, declared such area to be a substandard
and blighted area in need of redevelopment.
(2) Prior to making such declaration, the governing body of the city shall conduct or
cause to be conducted a study or an analysis on whether the area is substandard and blighted
and shall submit the question of whether such area is substandard and blighted to the planning
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commission or board of the city for its review and recommendation. The planning
commission or board shall hold a public hearing on the question after giving notice of the
hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size
to show the area to be declared substandard and blighted or information on where to find such
map and shall provide information on where to find copies of the substandard and blighted
study or analysis conducted pursuant to this subsection. The planning commission or board
shall submit its written recommendations to the governing body of the city within thirty days
after the public hearing.
(3) Upon receipt of the recommendations of the planning commission or board, or if no
recommendations are received within thirty days after the public hearing required under
subsection (2) of this section, the governing body shall hold a public hearing on the question
of whether the area is substandard and blighted after giving notice of the hearing as provided
in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to
be declared substandard and blighted or information on where to find such map and shall
provide information on where to find copies of the substandard and blighted study or analysis
conducted pursuant to subsection (2) of this section. At the public hearing, all interested
parties shall be afforded a reasonable opportunity to express their views respecting the
proposed declaration. After such hearing, the governing body of the city may make its
declaration.
(4) Copies of each substandard and blighted study or analysis conducted pursuant to
subsection (2) of this section shall be posted on the city’s public web site or made available
for public inspection at a location designated by the city.
~Reissue Revised Statutes of Nebraska 7-19-18
A flow chart of the blight declaration process is shown in Figure 2.
At this time, the Council is only concerned with determining if the property is blighted
and substandard. Figure 3 is an overview of the differences between the blight and
substandard declaration and the redevelopment plan. If a declaration as blighted and
substandard is made by Council then the Community Redevelopment Authority (CRA)
can consider appropriate redevelopment plans. The redevelopment plans must also be
reviewed by the Planning Commission and approved by Council prior to final approval.
The City of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of September 6, 2022,
24.78% of the City has been declared blighted and substandard. This study for area 34
would add 78.45 acres or 0.4%. The total area declared blighted and substandard if area
34 is approved is 25.18%.
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Redevelopment Area 28
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Study
Commissioned by
CRA
Study Commissioned
by Other Agency
Study Presented to
CRA
Study Presented to
Council
May Be Forwarded
to RPC
Study Sent to
RPC for Review
and
Recommendation
Council Chooses not
to Forward Study to
RPC
No Declaration Made
RPC Reviews
Study and Makes
Recommendation
within 30 Days
Council
Considers
Substandard
and Blighted
Declaration
Council Chooses not to
Make Substandard and
Blighted Declaration. No
Redevelopment Plans May
be Considered
Council Declares Area
Substandard and Blighted.
Redevelopment Plans
May be Considered by
the CRA
Process for Declaring an area of the City
Substandard and Blighted
Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple
box).
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Substandard and
Blighted Declaration vs.
Redevelopment Plan
Substandard and
Blighted Declaration
A Study of the
Existing Conditions of
the Property in
Question
Does the property
meet one or more
Statutory Conditions
of Blight?
Does the Property
meet one or more
Statutory Conditions
of Substandard
Property?
Is the declaration in
the best interest of
the City?
Redevelopment
Plan
What kinds of
activities and
improvements are
necessary to alleviate
the conditions that
make the property
blighted and
substandard?
How should those
activities and
improvements be
paid for?
Will those activities
and improvements
further the
implementation of the
general plan for the
City?
Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan
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It is appropriate for the Council in conducting its review and considering its decision
regarding the substandard and blighted designation to:
1. review the study,
2. take testimony from interested parties,
3. review the recommendation and findings of fact identified by the Planning
Commission (Planning Commission did not identify any findings with their
motion so none are available.)
4. make findings of fact, and
5. include those findings of fact as part of its motion to approve or deny the request
to declare this area blighted and substandard. Council can make any findings they
choose regarding the study and the information presented during the public
hearing to support the decision of the Council members regarding this matter.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of the
Community Redevelopment Statutes. Those terms as defined by Statute are included
below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise
requires:
(3) Blighted area means an area (a) which, by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or inadequate street
layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or
unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or
special assessment delinquency exceeding the fair value of the land, defective or unusual
conditions of title, improper subdivision or obsolete platting, or the existence of conditions
which endanger life or property by fire and other causes, or any combination of such factors,
substantially impairs or arrests the sound growth of the community, retards the provision of
housing accommodations, or constitutes an economic or social liability and is detrimental to
the public health, safety, morals, or welfare in its present condition and use and (b) in which
there is at least one of the following conditions: (i) Unemployment in the designated area is at
least one hundred twenty percent of the state or national average; (ii) the average age of the
residential or commercial units in the area is at least forty years; (iii) more than half of the
plotted and subdivided property in an area is unimproved land that has been within the city
for forty years and has remained unimproved during that time; (iv) the per capita income of
the area is lower than the average per capita income of the city or village in which the area is
designated; or (v) the area has had either stable or decreasing population based on the last two
decennial censuses. In no event shall a city of the metropolitan, primary, or first class
designate more than thirty-five percent of the city as blighted, a city of the second class shall
not designate an area larger than fifty percent of the city as blighted, and a village shall not
designate an area larger than one hundred percent of the village as blighted. A redevelopment
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project involving a formerly used defense site as authorized under section 18-2123.01 shall
not count towards the percentage limitations contained in this subdivision;
(31) Substandard area means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light,
air, sanitation, or open spaces, high density of population and overcrowding, or the existence
of conditions which endanger life or property by fire and other causes, or any combination of
such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency, and crime, (which cannot be remedied through construction of prisons), and is
detrimental to the public health, safety, morals, or welfare; and
~Reissue Revised Statutes of Nebraska 7-19-18
ANALYSIS-Blight and Substandard Study
The following findings are copied directly from the Study. The analysis of the
substandard and blighted factors is conducted on pages 7 to 23 of the study.
FINDINGS FOR GRAND ISLAND
Study Area 28 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
Criteria under Part A of the Blight Definition
Substantial number of deteriorating structures
o Within the study are 80.0% of the structures were deemed to be in either
average or badly worn condition.
o Several locations around the primary mall are indicating moisture damage to
the brick façade. There is clear moisture damage inside of the mall as well.
Deterioration of site or other improvements
o The majority of the asphalt parking areas around the primary mall is in a
deteriorating state and appears to have forgone updating for a considerable
time.
o There are several places where the parking surfaces are in a worse than
deteriorated state based upon the photographs in the report.
Diversity of Ownership
o There are 13 different property owners within the study area.
o The majority of the buildings owned by corporations, sit on top of ground
owned by another party, typically, Conestoga Realty or Conestoga North.
Improper Subdivision or Obsolete Platting
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o First and foremost are the private streets on the north side of the study area,
Conestoga Drive and Overland Road.
o The developed area in the northeast corner of the study area has been built
out in a clustered manner, making traffic circulation difficult.
o The positioning of lots along West State Street and North Webb Road have
access drives in a manner that makes traffic control and congestion
problematic.
Faulty Lot Layout
o The developed area in the northeast corner of the study area has been built
out in a clustered manner, making traffic circulation difficult.
o The positioning of lots along West State Street and North Webb Road have
access drives in a manner making traffic control and congestion problematic.
Combination of factors which are impairing and/or arresting sound growth
o Functional Obsolescence is a contributing factor to sound growth
o Retail markets of the 21st Century are impairing growth of the area
o The buildup of the outlots of the mall area
Defective/Inadequate street layouts
o The layout of the primary and secondary thoroughfares on site are in conflict
with key functional areas such as deliveries and loading docks
o The two primary streets entering the mall property from the north are private
streets
o There are several points along the outer travel route that comes into conflict
with secondary travel paths.
Insanitary and Unsafe Conditions
o The Conestoga Mall portion of the study area was tested for the presence of
asbestos and the report filed in August 2022 indicated mitigatable levels of
asbestos present throughout the facility
Dangerous conditions to life or property due to fire or other causes
o The Conestoga Mall portion of the study area was tested for the presence of
asbestos and the report filed in August 2022 indicated mitigatable levels of
asbestos present throughout the facility
Criteria under Part B of the Blight Definition
The average age of the residential or commercial units in the area is at least forty
years
o 28 (80.0%) buildings or improvements were determined to be 40 years of age
or older
o 7 (20.0%) buildings or improvements were determined to be less than 40
years of age
o The average age based upon a cumulative age calculation is 41.8 years.
o 94.3% of the built square footage in the study area is 40 years of age or older.
Stable or decreasing population based upon the last two decennial census
o The study area has had a stable or decreasing population over the last two
decennial census.
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The other criteria for Blight were not present in the area, these included:
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title,
Unemployment in the designated area is at least 120% of the state or national
average.
The per capita income of the area is lower than the average per capita income
of the city or village in which the area is designated.
These issues were either not present or were limited enough as to have little impact on
the overall condition of the study area.
Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which, by
reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied
through construction of prisons), and is detrimental to the public health, safety, morals, or
welfare;”
This Study Area in Grand Island meets the defintion of Substandard as defined in the
Revised Nebraska State Statutes.
FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #28
Blight Study Area #28 has several items contributing to the Blight and Substandard
Conditions. These conditions include:
Blighted Conditions under Part A
Substantial number of deteriorating structures
Deterioration of site or other improvements
Diversity of Ownership
Improper Subdivision or Obsolete Platting
Faulty Lot Layout
Combination of factors which are impairing and/or arresting sound growth
Defective/Inadequate street layouts
Insanitary and Unsafe Conditions
Dangerous conditions to life or property due to fire or other causes
Criteria under Part B of the Blight Definition
The average age of the residential or commercial units in the area is at least forty
years
Stable or decreasing population based upon the last two decennial census
Substandard Conditions
Average age of the structures in the area is at least forty years
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Recommendation
Staff recommends considering the following questions as a starting point in the analysis
of this Study and in making a determination. The City Council is ultimately responsible
for answering the question of whether the property included in the study is blighted and
substandard and whether making such a designation is in the best interest of the City.
Recommend Questions for City Council
Does this property meet the statutory requirements to be considered blighted and
substandard? (See the prior statutory references.)
Are the blighted and substandard factors distributed throughout the
Redevelopment Area, so basically good areas are not arbitrarily found to be
substandard and blighted simply because of proximity to areas which are
substandard and blighted? Is development of adjacent property necessary to
eliminate blighted and substandard conditions in the area?
Is public intervention appropriate and/or necessary for the redevelopment of the
area?
Will a blight declaration increase the likelihood of development/redevelopment in
the near future and is that in the best interest of the City?
What is the policy of the City toward increasing development and redevelopment
in this area of the City?
Findings of fact must be based on the study and testimony presented including all written
material and staff reports. The recommendation must be based on the declaration, not
based on any proposed uses of the site. All of the testimony, a copy of the study and this
memo along with any other information presented at the hearing should be entered into
the record of the hearing.
Planning Commission Recommendation
The Regional Planning Commission held a public hearing and took action on the
blight and substandard study proposed Area 28 during its meeting on October 5,
2022.
O’Neill opened the public hearing for item number 7 and number 8 Extremely
Blighted Study.
Nabity stated the study does show the property can be declared blighted and
substandard. The study area is approximately 78.45 acres of property located
between U.S Highway 281 and Webb Road and 13th Streets including the
Conestoga Mall. Nabity also mentioned the Woodsonia, an Omaha based real
estate company, has the Grand Island Mall property under contract. The project is
based on complying with some components which includes getting declared
blighted and substandard and approved for tax increment financing.
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Planning Commission staff recommends approval.
Nabity stated the Extremely Blighted Study is a designation that was put into
place by the Legislature about 4 years ago. For an area to be designated as
extremely blighted and substandard 1- area had to have been declared blighted
and substandard 2) an unemployment rate twice the state’s unemployment rate
based on US Census data and 3) a poverty rate of 20 percent or more
Designating an area as Extremely Blighted provides two potential benefits to
redevelopment in the area and any residents in the area along with a benefit to the
City.
1. The term of TIF bonds in Extremely Blighted areas may extended from 15
years to 20 years.
2. First time home buyers that purchase qualifying homes in areas that have been
declared Extremely Blighted as their primary residence prior to January 1,
2026 will receive an income tax credit of up to $5000.
3. Remove those areas that are declared Extremely Blighted from 35% cap on
area that can be declared Blighted and Substandard
Keith Marvin – Marvin Planning Consultants –
Drew Snyder – 20010 Manderson Street ,Omaha, NE – Mr. Snyder with
Woodsonia Real Estate – went over the project and was available for
questions.
O’Neill closed the public hearing.
A motion was made by Robb and second by Randone to approve the
Substandard and Blight Study for CRA Area No. 28 and Resolution 2023-03
and Extremely Blighted Study and Resolution 2023-04.
The motion was carried with nine members voting in favor ( Allan, Nelson,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Randone) and one member
abstaining (O’Neill) and no members voting no (Hendricksen and Doane were
absent).
Grand Island Council Session - 11/8/2022 Page 14 / 189
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
Sample Motion
If Council wishes to approve the designation of this property as blighted and substandard,
an action required if Tax Increment Financing is to be used for the redevelopment of
properties in this area, a motion should be made to approve the Substandard and Blight
Designation for Redevelopment Area No. 28 in Grand Island, Hall County, Nebraska
finding the information in the study to be factual and supporting such designation. A
resolution authorizing the approval of this study has been prepared for Council
consideration.
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Blight and Substandard Study – Conestoga Mall
Blight and Substandard Study – Conestoga Mall Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within a specific part of Grand Island. Woodsonia Acquistitions, LLC commissioned the study to
analyze the possibility of declaring the area as blighted and substandard.
The City of Grand Island, when considering conditions of Blight and Substandard, look at those
issues and definitions provided for in the Nebraska Community Redevelopment Law as found in
Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of the Community Development Law, shall afford
maximum opportunity, consistent with the sound needs of the city as a whole, to the
rehabilitation or redevelopment of the community redevelopment area by private
enterprises. The governing body of a city shall give consideration to this objective in
exercising its powers under the Community Development Law, including the
formulation of a workable program, the approval of community redevelopment
plans consistent with the general plan for the development of the city, the exercise of
its zoning powers, the enforcement of other laws, codes, and regulations, relating to
the use of land and the use and occupancy of buildings and improvements, the
disposition of any property acquired, and the providing of necessary public
improvements.”
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for the formulation of a workable program; disaster assistance; effect. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas,
or to undertake such of the aforesaid activities or other feasible municipal activities
as may be suitably employed to achieve the objectives of such workable program.
Such workable program may include, without limitation, provision for the prevention
of the spread of blight into areas of the municipality which are free from blight
through diligent enforcement of housing, zoning, and occupancy controls and
standards; the rehabilitation or conservation of substandard and blighted areas or
portions thereof by replanning, removing congestion, providing parks, playgrounds,
and other public improvements by encouraging voluntary rehabilitation and by
compelling the repair and rehabilitation of deteriorated or deteriorating structures;
and the clearance and redevelopment of substandard and blighted areas or
portions thereof.”
“Notwithstanding any other provisions of the Community Development Law, where
the local governing body certifies that an area is in need of redevelopment or
rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other
catastrophe respecting which the Governor of the state has certified the need for
disaster assistance under federal law, the local governing body may approve a
redevelopment plan and a redevelopment project with respect to such area without
regard to the provisions of the Community Development Law requiring a general
plan for the municipality and notice and public hearing or findings other than herein
set forth.”
Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply:
“Blighted area means an area (a) which, by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility,
or usefulness, insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or
Grand Island Council Session - 9/13/2022 Page 9 / 84
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Blight and Substandard Study – Conestoga Mall
Page 2 Blight and Substandard Study – Conestoga Mall
property by fire and other causes, or any combination of such factors, substantially
impairs or arrests the sound growth of the community, retards the provision of housing
accommodations, or constitutes an economic or social liability and is detrimental to
the public health, safety, morals, or welfare in its present condition and use and (b) in
which there is at least one of the following conditions: (i) Unemployment in the
designated area is at least one hundred twenty percent of the state or national
average; (ii) the average age of the residential or commercial units in the area is at
least forty years; (iii) more than half of the plotted and subdivided property in an area
is unimproved land that has been within the city for forty years and has remained
unimproved during that time; (iv) the per capita income of the area is lower than the
average per capita income of the city or village in which the area is designated; or
(v) the area has had either stable or decreasing population based on the last two
decennial censuses. In no event shall a city of the metropolitan, primary, or first class
designate more than thirty-five percent of the city as blighted, a city of the second
class shall not designate an area larger than fifty percent of the city as blighted, and
a village shall not designate an area larger than one hundred percent of the village
as blighted. A redevelopment project involving a formerly used defense site as
authorized under section 18-2123.01 shall not count towards the percentage
limitations contained in this subdivision;”
“Extremely blighted area means a substandard and blighted area in which: (a) The
average rate of unemployment in the area during the period covered by the most
recent federal decennial census is at least two hundred percent of the average rate
of unemployment in the state during the same period; and (b) the average poverty
rate in the area exceeds twenty percent for the total federal census tract or tracts or
federal census block group or block groups in the area;”
“Substandard area means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the public
health, safety, morals, or welfare; and”
“Workforce housing means:
(a) Housing that meets the needs of today's working families;
(b) Housing that is attractive to new residents considering relocation to a rural community;
(c) Owner-occupied housing units that cost not more than two hundred seventy-five
thousand dollars to construct or rental housing units that cost not more than two
hundred thousand dollars per unit to construct. For purposes of this subdivision (c),
housing unit costs shall be updated annually by the Department of Economic
Development based upon the most recent increase or decrease in the Producer Price
Index for all commodities, published by the United States Department of Labor, Bureau
of Labor Statistics;
(d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate
exceeds fifty percent of a unit's assessed value; and
(e) Upper-story housing.”
This Blight and Substandard Study is Blighted and Substandard Area 28. The Study is intended to
give the Grand Island Community Redevelopment Authority, Hall County Regional Planning
Commission and Grand Island City Council the basis for identifying and declaring Blighted and
Substandard conditions are existing within the City’s jurisdiction and as allowed under Chapter
18. Through this process, the City and property owners will attempt to address economic and/or
social liabilities which are harmful to the well-being of the entire community.
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Figure 1 shows the study area of this report. A Redevelopment Plan to be submitted in the future
containing, by law, definite local objectives regarding appropriate land uses, improved traffic,
public transportation, public utilities, and other public improvements, and the proposed land
uses and building requirements in the redevelopment area and shall include:
• The boundaries defining the blighted and substandard areas in question (including
existing uses and conditions of the property within the area), and
• A list of the conditions present, which qualify the area as blighted and substandard.
Through the redevelopment process, the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by the
City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
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BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
This study targets a specific area within an established part of the community for evaluation. The
area indicated in Figure 1 of this report. The findings are presented in the coming pages of the
report.
Study Area
The following is the description of the designated area within Grand Island.
Point of beginning is the intersection of the centerlines of US Highway 281 and West State Street;
thence bearing easterly along the centerline of West State Street to the intersection of the
centerline of North Webb Road; thence, southerly along the centerline of North Webb Road to
the intersection with the centerline of West 13th Street; thence, westerly along the centerline of
West 13th Street to the intersection with the centerline of US Highway 281; thence, northerly
along the centerline of US Highway 281 to the point of beginning.
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community and
produce some impacts either benefitting or detracting from the community. Existing patterns of
land use are often fixed in older communities and neighborhoods, while development in newer
areas is often reflective of current development practices.
The study area is within a highly commercial part of Grand Island. There are commercial uses to
all sides of the study, including the redeveloping area of Blight and Substandard Area 9 from
2012.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey conducted through both in-field observations, as well
as data collection online using the Hall County Assessors website. This survey noted the use of
each parcel of land within the study area. These data from the survey are found in the following
paragraphs.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2022
Type of Use Acres Percent of Developed
land within the Study Area
Percent of Study
Area
Residential 0 0.0% 0.0%
Single-family 0 0.0% 0.0%
Multi-family 0 0.0% 0.0%
Manufactured Housing 0 0.0% 0.0%
Commercial 63.45 87.3% 80.9%
Industrial 0 0.0% 0.0%
Quasi-Public/Public 0 0.0% 0.0%
Parks/Recreation 0 0.0% 0.0%
Transportation 9.22 12.7% 11.7%
Total Developed Land 72.67 100.0% -
Vacant/Agriculture 5.78 7.4%
Total Area 78.45 100.0%
Source: Marvin Planning Consultants 2022
Table 1 includes the existing land uses for the entire study area. The table contains the total
acres determined per land use from the survey; next is the percentage of those areas
compared to the total developed land; and finally, the third set of data compare all land uses
to the total area within the Study Area. The Study Area is made up of Commercial (80.9%), Open
Space (7.4%), and Transportation oriented land (street and R.O.W; 11.7%). The entire area is
considered completely developed.
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Figure 1
Study Area Map
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Figure 2
Existing Land Use Map
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FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the study examines the conditions found within the study area. The Findings
Section reviews the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS UNDER PART A OF THE BLIGHT DEFINITION
There were some conditions examined and evaluated in the field and online. Some conditions
are reviewed in detail, on the following pages, while some of the statutory conditions are not
present.
Structural Conditions
Existing structural conditions of buildings in the study area were determined using the Hall County
Assessor’s database. Structures rated out as either Very Good, Good, Fair, Average, or badly
worn. Based upon the data provided to the planning team, the following is the breakdown for
structures in the study area:
• 2 (5.7%) structures rated as very good
• 5 (14.3%) structures rated as good
• 0 (0.0%) structure rated as fair
• 28 (80.0%) structures rated as average
• 0 (0.0%) structures rated as badly worn
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The exterior portion of the mall is showing considerable wear, likely due to deferred
maintenance. In the photos on the previous page, there are examples of where masonry and
wood construction has been compromised and is in danger of falling from the building onto the
ground. Based upon a visual ground inspection, it appears like there is considerable water
penetration in the brick-and-mortar system. Said photos also show water penetration inside one
of the structures. An assumption was made, based upon the data, that an average condition or
less would constitute less than desirable conditions due to age and condition of the
structure/building. It is common for older structures to get more maintenance and upkeep to
maintain a good or higher condition. Even an average structure shows some signs of
deteriorating which in turn can become a dilapidated structure in the future if not maintained.
Overall, 80.0% of the structures in this study area are an average condition or worse.
Due to the stated conditions found in the Hall County Assessor’s data, the condition of the
structures is a contributing factor.
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Deterioration of Site or Other Improvements
Site Improvements Conditions
The site improvements include the areas determined to be common areas for public ingress and
egress to the study area as well as the area designed to move vehicular traffic through the site.
Also, this includes the actual surface parking areas. The condition of the site improvements varies
greatly. The Study Area contains a major deteriorated condition; the parking areas throughout
the area, as well as the demarcated driving areas. The parking areas throughout the entire
Study Area are in a serious state of deterioration. They are not yet in a dilapidated condition. The
parking surface and driving areas contain major surface cracking, small break-ups and
spawling. These conditions have been likely caused by several circumstances over the years,
including:
· Lack of maintenance
· Sub-soil conditions
· Heavier than expected traffic
· Freeze/thaw cycles
Preventing a number of these items are possible through proper design, enforcement, and
maintenance, with maintenance being a key. Photos below indicate examples of different
deteriorated conditions within the parking and driving areas across the entire site. Due to a large
amount of broken pavement in the Study Area, the parking areas are considered to be
deteriorated or in a state of deteriorating; therefore, they are a direct contributing factor to the
conditions of blight.
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Diversity of Ownership
Throughout the study area, there are 13 different property owners. However, in most cases, the
difference is that one company owns the structure on the site; while, another entity, usually,
Conestoga North or Conestoga Realty owns the ground underneath the structure. This creates
potential issues with future redevelopment of structures and property if the different ownership
groups disagree. Also, the fact structures sit on land owned by another party will create a
potential detriment to future redevelopment. Due to this factor, it may be necessary for a public
intervention to guide future redevelopment activities in this specific study area. Based upon the
analysis, sufficient ownership issues present to make Diversity of Ownership a contributing factor
for Blighting.
Improper Subdivision or Obsolete Platting
Improper Subdivision or Obsolete Platting is present in several ways. These factors are bulleted
below:
• First and foremost are the private streets on the north side of the study area, Conestoga
Drive and Overland Road.
• The developed area in the northeast corner of the study area has been built out in a
clustered manner, making traffic circulation difficult.
• The positioning of lots along West State Street and North Webb Road have access drives
in a manner that makes traffic control and congestion problematic.
See Figure 5 for specific locations of the discussed items above. Based upon the analysis,
sufficient ownership issues present to make Improper Subdivision or Obsolete Platting a
contributing factor for Blighting.
Faulty Lot Layout
Similar to Improper Subdivision or Obsolete Platting, Faulty Lot Layout is present in similar ways.
These factors are bulleted below:
• The developed area in the northeast corner of the study area has been built out in a
clustered manner, making traffic circulation difficult.
• The positioning of lots along West State Street and North Webb Road have access drives
in a manner making traffic control and congestion problematic.
See Figure 6 for specific locations of the discussed items above. Based upon the analysis,
sufficient ownership issues present to make Faulty Lot Layout a contributing factor for Blighting.
Combination of factors which are impairing and/or arresting sound growth
There are several factors present within the study area meeting this criterion are discussed in the
following paragraphs.
Functional Obsolescence
The primary structure within the study area is the Conestoga Mall. The mall was constructed in
the mid-1970’s and was designed using common mall layouts and concepts. However, as the
retail markets have been changing, these types of facilities have been losing popularity. It is a
similar issue seen by the Grand Island Mall which was declared Blighted and Substandard in 2012
and has been the focus of several redevelopment projects since the declaration.
Malls and retail use constructed in today’s economy are more open air, even in colder climate
regions. The newer mall models are doing more to make the shopping experience more than
“just shopping.” These older regional malls have lost favor with consumers across the United
States. Some examples within the region include the Imperial Mall in Hastings, the mall in North
Platte, the mall in Hutchinson, KS. The phenomena have also affected larger cities such as
Omaha; Kansas City, MO; Overland Park, KS; and more.
The survival of this mall into the future will be dependent on ownership willingness to re-focus the
mall itself.
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Figure 3
Structural Conditions
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Figure 4
Deterioration of Site
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Figure 5
Improper Platting
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Figure 6
Faulty Lot Layout
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Retail Markets of the 21st Century
Retail in the 21st Century has been evolving rapidly. The evolution led by consumers wanting
more than the 1960 to 1970 malls with their shopping experience has been a big factor;
however, the rise of e-commerce and Amazon has also been a major contributing factor to the
retail revolution.
With the retail revolution of the 21st Century, several mainstream retailers have had trouble
competing. The major tenants of Sears, Yonkers, and JC Penneys have all vacated their spaces
at the Conestoga Mall. Yonkers left in 2015, while the other two left shortly after. Sears filed for
Chapter 11 bankruptcy protection, and closed February 2019. All three tenants left behind
empty boxes, merchandise, and storage equipment in the spaces. A lack of major retailers
located at Conestoga Mall impairs and arrests sound growth of this facility in the future.
The buildup of the mall area
Looking at the Conestoga Mall on aerials, the mall is located on the southernmost location of
the land. North of the primary mall was eventual built-out with smaller strip centers. These strip
centers to the north impair the future expansion of the primary mall. Also, the location of the
primary mall and strip centers creates an issue with expanding parking on the mall property.
These factors do impair and arrest sound growth of the study area.
Defective/Inadequate Street Layouts
Under normal blight evaluation, this criteria would apply to public streets. However, in the case
of this study area, it applies to the internal traffic circulation of the mall property and the
adjoining strip centers to the north. Figure 8 indicates the primary and secondary circulation
loops. The Figure also indicates potential concerns with the layouts on the site. There are enough
circulation concerns on-site to make Defective/Inadequate Street Layouts a contributing factor
to declaring the area as Blighted.
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INSANITARY AND UNSAFE CONDITIONS
Woodsonia commissioned an asbestos analysis of the Conestoga Mall portion of the study area.
The study was completed by Heartland Testing and Consulting LLC in August 2022. The following
areas for the mall were reviewed and/or sampled. Inspection of the following occupied spaces
were not completed due to no access: Units 3A, 4, 7A, 9, 23B, 33, 34, 38 & 40. Inspection of sub-
flooring in the occupied tenant spaces of the facility were limited due to current sales area floor
coverings. Additional review of the occupied spaces sales are sub-floors should be completed
when the spaces are available for destructive review. Below is a summary of the spaces with
limited review: 8, 9, 10, 12, 13, 17, 19, 20, 23A, 24, 30, 31, 36, 37, 39A, 40A, 41, 42, 44, 49, 50, 52, 54,
58, 59, 60, 62, Best Buy and Dillard’s.
Figure 7
Sample Area Diagram
Source: Heartlan Testing Report 2022
The findings of the study found the following:
• Sample SR-2 – 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample SR-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample SR-8 - 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample C-2 – Drywall Joint Compound contains 0.5% chrysotile asbestos.
• Sample C-8 – Ceiling Texture contains 10% chrysotile asbestos.
• Sample C-11 – Ceiling Texture contains 10% chrysotile asbestos. Sample Y-4 - 12”x12”
Black Mastic contains 5% chrysotile asbestos.
• Sample Y-10 - 12”x12” Tile contains 3% chrysotile asbestos.
• Sample 8B-1 – Black Mastic contains 4% chrysotile asbestos.
• Sample 41-1 – 12”x12” Tile contains 3% chrysotile asbestos. Sample 41-1 – Black Mastic
contains 5% chrysotile asbestos.
• Sample 48-1 – Vinyl Sheet Flooring contains 20% chrysotile asbestos.
• Sample 48-2 - Vinyl Sheet Flooring contains 20% chrysotile asbestos.
• Sample JC-4 – 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample JC-8 – Black/Yellow Mastic contains 2% chrysotile asbestos.
• Sample JC-9 – Black Mastic contains 4% chrysotile asbestos.
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• Sample JC-10 – Silver/Black HVAC Sealant contains 6% chrysotile asbestos.
• Sample D-1 – Black mastic contains 5% chrysotile asbestos.
• Sample SRR-2 – Gray/Black Roof Patch contains 3% chrysotile asbestos.
• Assumed – Transite Panels at skylight soffit areas.
Based upon information in the report, all but one (highlighted in yellow) of the sample areas
require mitigation of the materials by a State of Nebraska certified asbestos contract prior to
renovation or demolition activities. Additional information regarding the study findings can be
seen in the complete study attached to this report.
Therefore, based upon the findings of this asbestos study, the asbestos is a contributing factor to
insanitary and unsafe conditions of the study area.
DANGEROUS CONDITIONS TO LIFE OR PROPERTY DUE TO FIRE OR OTHER CAUSES
Woodsonia commissioned an asbestos analysis of the Conestoga Mall portion of the study area.
The study was completed by Heartland Testing and Consulting LLC in August 2022. The following
areas for the mall were reviewed and/or sampled. Inspection of the following occupied spaces
were not completed due to no access: Units 3A, 4, 7A, 9, 23B, 33, 34, 38 & 40. Inspection of sub-
flooring in the occupied tenant spaces of the facility were limited due to current sales area floor
coverings. Additional review of the occupied spaces sales are sub-floors should be completed
when the spaces are available for destructive review. Below is a summary of the spaces with
limited review: 8, 9, 10, 12, 13, 17, 19, 20, 23A, 24, 30, 31, 36, 37, 39A, 40A, 41, 42, 44, 49, 50, 52, 54,
58, 59, 60, 62, Best Buy and Dillard’s, see Figure 7.
The findings of the study found the following:
• Sample SR-2 – 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample SR-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample SR-8 - 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample C-2 – Drywall Joint Compound contains 0.5% chrysotile asbestos.
• Sample C-8 – Ceiling Texture contains 10% chrysotile asbestos.
• Sample C-11 – Ceiling Texture contains 10% chrysotile asbestos. Sample Y-4 - 12”x12”
Black Mastic contains 5% chrysotile asbestos.
• Sample Y-10 - 12”x12” Tile contains 3% chrysotile asbestos.
• Sample 8B-1 – Black Mastic contains 4% chrysotile asbestos.
• Sample 41-1 – 12”x12” Tile contains 3% chrysotile asbestos. Sample 41-1 – Black Mastic
contains 5% chrysotile asbestos.
• Sample 48-1 – Vinyl Sheet Flooring contains 20% chrysotile asbestos.
• Sample 48-2 - Vinyl Sheet Flooring contains 20% chrysotile asbestos.
• Sample JC-4 – 12”x12” Black Mastic contains 5% chrysotile asbestos.
• Sample JC-8 – Black/Yellow Mastic contains 2% chrysotile asbestos.
• Sample JC-9 – Black Mastic contains 4% chrysotile asbestos.
• Sample JC-10 – Silver/Black HVAC Sealant contains 6% chrysotile asbestos.
• Sample D-1 – Black mastic contains 5% chrysotile asbestos.
• Sample SRR-2 – Gray/Black Roof Patch contains 3% chrysotile asbestos.
• Assumed – Transite Panels at skylight soffit areas.
Based upon information in the report, all but one (highlighted in yellow) of the sample areas
require mitigation of the materials by a State of Nebraska certified asbestos contract prior to
renovation or demolition activities. Additional information regarding the study findings can be
seen in the complete study attached to this report.
Therefore, based upon the findings of this asbestos study, the asbestos is a contributing factor to
dangerous conditions to life or property due to fire or other causes within the study area.
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CONTRIBUTING FACTORS UNDER PART B OF THE BLIGHT DEFINITION
There were some conditions examined and evaluated in the field and online. Some conditions
will be reviewed in detail, on the following pages, while some of the statutory conditions are not
present.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2018
Number Year Built Age Cumulative Age Running Total
1 1960 62 62 62
1 1970 52 52 114
15 1974 48 720 834
4 1975 47 188 1,022
1 1976 46 46 1,068
2 1978 44 88 1,156
1 1979 43 43 1,199
1 1980 42 42 1,241
2 1981 41 82 1,323
1 1989 33 33 1,356
3 1993 29 87 1,443
1 1995 27 27 1,470
2 1996 26 52 1,522
1 1998 24 24 1,546
1 2007 15 15 1,561
1 2021 1 1 1,562
35 Average 41.8
Source: Hall County Assessor’s and Marvin Planning Consultants 2022
Another method to analyze this area is using square footage. State statute discusses commercial
units; in the commercial world, it is not about the building as much as it is about square footage.
Therefore, this analysis is also examining the age of the built square footage. Based upon data
from the Hall County Assessor’s office, there is a total of 647,019 built square footage in the area.
Of the 647,019 total square footage, 610,089 built square feet are 40 years or older, which is
94.3% of the total build out. Therefore, more than 50% of the square footage is 40 years of age or
older.
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Figure 8
Defective Street Layout
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Figure 9
Structure Age
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The final means to examine the age of structures is the actual number of structures within the 40
years or more or less than 40 years categories. Overall, there are 35 structures within the study
area, based upon the Hall County Assessor’s data (Hall County Assessor divides the primary mall
structure into 11 separate units, thus 35 total). After researching the structural age on the Hall
County Assessor’s and Treasurer’s websites, the following breakdown was determined:
• 28 (80.0%) unit were determined to be 40 years of age or older
• 7 (20.0%) unit were determined to be less than 40 years of age
However, when examining the age based upon a cumulative approach, as in Table 2, the
average age of the primary structures is equal to 41.8 years; thus, meeting the requirements of
the statutes.
The age of the structures would be a direct contributing factor.
Stable or decreasing population based upon the last two decennial census
The population of the study area has seen a stable population based upon the last two
decennial census’. Over the course of the past 40 years there have not been any residential
units within this study area.
Therefore, stable or decreasing population based upon the last two decennial censuses is a
contributing factor to the blighted conditions of the area.
These conditions are contributing to the blighted conditions of the study area.
Criteria under Part A of the Blight Definition
• Substantial number of deteriorating structures
o Within the study are 80.0% of the structures were deemed to be in either average or
badly worn condition.
o Several locations around the primary mall are indicating moisture damage to the
brick façade. There is clear moisture damage inside of the mall as well.
• Deterioration of site or other improvements
o The majority of the asphalt parking areas around the primary mall is in a deteriorating
state and appears to have forgone updating for a considerable time.
o There are several places where the parking surfaces are in a worse than deteriorated
state based upon the photographs in the report.
• Diversity of Ownership
o There are 13 different property owners within the study area.
o The majority of the buildings owned by corporations, sit on top of ground owned by
another party, typically, Conestoga Realty or Conestoga North.
• Improper Subdivision or Obsolete Platting
o First and foremost are the private streets on the north side of the study area,
Conestoga Drive and Overland Road.
o The developed area in the northeast corner of the study area has been built out in a
clustered manner, making traffic circulation difficult.
o The positioning of lots along West State Street and North Webb Road have access
drives in a manner that makes traffic control and congestion problematic.
• Faulty Lot Layout
o The developed area in the northeast corner of the study area has been built out in a
clustered manner, making traffic circulation difficult.
o The positioning of lots along West State Street and North Webb Road have access
drives in a manner making traffic control and congestion problematic.
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• Combination of factors which are impairing and/or arresting sound growth
o Functional Obsolescence is a contributing factor to sound growth
o Retail markets of the 21st Century are impairing growth of the area
o The buildup of the outlots of the mall area
• Defective/Inadequate street layouts
o The layout of the primary and secondary thoroughfares on site are in conflict with key
functional areas such as deliveries and loading docks
o The two primary streets entering the mall property from the north are private streets
o There are several points along the outer travel route that comes into conflict with
secondary travel paths.
• Insanitary and Unsafe Conditions
o The Conestoga Mall portion of the study area was tested for the presence of
asbestos and the report filed in August 2022 indicated mitigatable levels of asbestos
present throughout the facility
• Dangerous conditions to life or property due to fire or other causes
o The Conestoga Mall portion of the study area was tested for the presence of
asbestos and the report filed in August 2022 indicated mitigatable levels of asbestos
present throughout the facility
Criteria under Part B of the Blight Definition
• The average age of the residential or commercial units in the area is at least forty years
o 28 (80.0%) buildings or improvements were determined to be 40 years of age or older
o 7 (20.0%) buildings or improvements were determined to be less than 40 years of
age
o The average age based upon a cumulative age calculation is 41.8 years.
o 94.3% of the built square footage in the study area is 40 years of age or older.
• Stable or decreasing population based upon the last two decennial census
o The study area has had a stable or decreasing population over the last two
decennial census.
The other criteria for Blight were not present in the area, these included:
• Tax or special assessment delinquency exceeding fair value of the land.
• Defective or unusual condition of title,
• Unemployment in the designated area is at least 120% of the state or national average.
• The per capita income of the area is lower than the average per capita income of the
city or village in which the area is designated.
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
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Substandard Conditions
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2018
Number Year Built Age Cumulative Age Running Total
1 1960 62 62 62
1 1970 52 52 114
15 1974 48 720 834
4 1975 47 188 1,022
1 1976 46 46 1,068
2 1978 44 88 1,156
1 1979 43 43 1,199
1 1980 42 42 1,241
2 1981 41 82 1,323
1 1989 33 33 1,356
3 1993 29 87 1,443
1 1995 27 27 1,470
2 1996 26 52 1,522
1 1998 24 24 1,546
1 2007 15 15 1,561
1 2021 1 1 1,562
35 Average 41.8
Source: Hall County Assessor’s and Marvin Planning Consultants 2022
Another method to analyze this area is using square footage. State statute discusses commercial
units; in the commercial world, it is not about the building as much as it is about square footage.
Therefore, this analysis is also examining the age of the built square footage. Based upon data
from the Hall County Assessor’s office, there is a total of 647,019 built square footage in the area.
Of the 647,019 total square footage, 610,089 built square feet are 40 years or older, which is
94.3% of the total build out. Therefore, more than 50% of the square footage is 40 years of age or
older.
The final means to examine the age of structures is the actual number of structures within the 40
years or more or less than 40 years categories. Overall, there are 35 structures within the study
area, based upon the Hall County Assessor’s data (Hall County Assessor divides the primary mall
structure into 11 separate units, thus 35 total). After researching the structural age on the Hall
County Assessor’s and Treasurer’s websites, the following breakdown was determined:
• 28 (80.0%) unit were determined to be 40 years of age or older
• 7 (20.0%) unit were determined to be less than 40 years of age
However, when examining the age based upon a cumulative approach, as in Table 2, the
average age of the primary structures is equal to 41.8 years; thus, meeting the requirements of
the statutes.
The age of the structures would be a direct contributing factor.
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Blight and Substandard Study – Conestoga Mall
Page 24 Blight and Substandard Study – Conestoga Mall
Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to
the public health, safety, morals, or welfare;”
This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised
Nebraska State Statutes.
FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #28
Blight Study Area #28 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions under Part A
• Substantial number of deteriorating structures
• Deterioration of site or other improvements
• Diversity of Ownership
• Improper Subdivision or Obsolete Platting
• Faulty Lot Layout
• Combination of factors which are impairing and/or arresting sound growth
• Defective/Inadequate street layouts
• Insanitary and Unsafe Conditions
• Dangerous conditions to life or property due to fire or other causes
Criteria under Part B of the Blight Definition
• The average age of the residential or commercial units in the area is at least forty years
• Stable or decreasing population based upon the last two decennial census
Substandard Conditions
• Average age of the structures in the area is at least forty years
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Blight and Substandard Study – Conestoga Mall
Blight and Substandard Study – Conestoga Mall Page 25
Asbestos Study
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LIMITED NESHAP ASBESTOS SAMPLING REPORT
Conestoga Mall
3404 W 13th Street
Grand Island, Nebraska
Prepared for:
Woodsonia Acquisitions, LLC
20010 Manderson Street Ste: 2
Elkhorn NE 68022
August 5, 2022
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LIMITED NESHAP ASBESTOS SAMPLING REPORT
Date of Report: August 5, 2022
Project Name: Limited NESHAP Asbestos Inspection
Site Characterization: Conestoga Mall
3408 W 13th Street Grand Island, NE 68803
Inspection Date: July 11th, July 12th, July 14th, July 21 & July 27, 2022
Inspector Name/License #: Michael A. Smith NE Asbestos Inspector/Management Planner #920
Outside Information: None
Inspection Limitations: Inspection of the following occupied spaces were not completed due to no access: Units 3A, 4, 7A, 9, 23B, 33, 34, 38 & 40 Inspection of sub-flooring in the occupied tenant spaces of the facility were limited due to current sales area floor coverings. Additional review of the
occupied spaces sales are sub-floors should be completed when the spaces are available for destructive review. Below is a summary of the spaces with limited review: 8, 9, 10, 12, 13, 17, 19, 20, 23A, 24, 30, 31, 36, 37, 39A, 40A, 41, 42, 44, 49, 50, 52, 54, 58, 59, 60, 62, Best Buy and Dillard’s. Summarized Findings:
The following is a summary of the asbestos-containing materials identified in the inspection areas of the structure:
Sample SR-2 – 12”x12” Black Mastic contains 5% chrysotile asbestos.
Sample SR-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample SR-8 - 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample C-2 – Drywall Joint Compound contains 0.5% chrysotile asbestos. Sample C-8 – Ceiling Texture contains 10% chrysotile asbestos. Sample C-11 – Ceiling Texture contains 10% chrysotile asbestos. Sample Y-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample Y-10 - 12”x12” Tile contains 3% chrysotile asbestos. Sample 8B-1 – Black Mastic contains 4% chrysotile asbestos.
Sample 41-1 – 12”x12” Tile contains 3% chrysotile asbestos. Sample 41-1 – Black Mastic contains 5% chrysotile asbestos. Sample 48-1 – Vinyl Sheet Flooring contains 20% chrysotile asbestos.
Sample 48-2 - Vinyl Sheet Flooring contains 20% chrysotile asbestos. Sample JC-4 – 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample JC-8 – Black/Yellow Mastic contains 2% chrysotile asbestos. Sample JC-9 – Black Mastic contains 4% chrysotile asbestos. Sample JC-10 – Silver/Black HVAC Sealant contains 6% chrysotile asbestos. Sample D-1 – Black mastic contains 5% chrysotile asbestos. Sample SRR-2 – Gray/Black Roof Patch contains 3% chrysotile asbestos. Assumed – Transite Panels at skylight soffit areas.
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Any building material that contains greater than 1% asbestos is considered regulated and should be removed by a State of Nebraska certified asbestos abatement contractor prior to renovation or demolition activities.
Any presumed or building material known to contain <1% asbestos must be removed prior to renovation work to meet OSHA occupational exposure requirements. Sample C-2: Wall Board System Joint Compound
The definition of asbestos-containing material (ACM) presented at 29 CFR 1910.1001(b), 29 CFR 1915(b), and 29 CFR 1926.1101(b); OSHA regards each of the items used to construct wall shells from wallboard panels as separate materials. Each of these materials that may contain asbestos must be analyzed separately for their asbestos content. OSHA does not regard wallboard/gypsum wallboard and joint compound as a surfacing material. If a wall shell is constructed of ACM joint compound and wallboard panels that are not ACM, then removal of the wall shell is considered OSHA Class II asbestos work. For a full listing of materials tested please see table 1. Laboratory analytical results are presented in Appendix D. Asbestos sample photographs are presented in Appendix E. Facility diagram is presented in
Appendix F.
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Table 1: Sample Analysis Results
Material Location Quantity* Asbestos % Friable Sample #
12”x12” Gray/Tan Mottled VFT w/ Yellow Mastic Sears - ND No SR-1
VFT & Black Mastic (Under SR-1) Sears 60,000 sf. Mastic – 5% Chrysotile No SR-2
12”x12” Gray Mottled VFT w/ Yellow Mastic Sears - ND No SR-3
VFT (Under SR-3) & Black Mastics Sears SR-2 Mastic – 5% Chrysotile No SR-4
12”x12” White/Black/Gray VFT w/ Yellow Mastic Sears - ND No SR-5
12”x12” White w/ Black Streaked VFT w/ Yellow Mastic Sears - ND No SR-6
Drywall Sears - ND No SR-7
12”x12” Tan Mottled VFT & Black Mastic Sears SR-2 Mastic – 5% Chrysotile No SR-8
Drywall & Joint Compound (Composite) Sears - ND No SR-9
12”x12” White w/ Black Specks VFT w/ Yellow Mastic Sears - ND No SR-10
12”x12” Gray w/ Black Specks VFT w/ Yellow Mastic Sears - ND No SR-11
2’x4’ Ceiling Tile w/ Large/Small Dents Corridors - ND No C-1
Drywall & Joint Compound Original Structure Walls & Ceilings Joint Compound – 0.5% No C-2
Ceiling Texture Corridor - ND No C-3
2’x4’ Ceiling Tile w/ Pinholes & Large/Small Dents Corridor - ND No C-4
Ceiling Texture Corridor - ND No C-5
2’x4’ Ceiling Tile w Fissures & Pinholes Corridors - ND No C-6
Drywall & Joint Compound Corridor - ND No C-7
Ceiling Texture Original Corridor 13,000 sf. 10% Chrysotile No C-8
Ceiling Texture Corridor - ND No C-9
2’x4’ Ceiling Tile w/ Pinholes and Dents Corridor - ND No C-10
Ceiling Texture Original Corridor C-8 10% Chrysotile No C-11
Wood Flooring w/ Black Mastic Unit 5 - ND No C-12
12”x12” Gray Mottled w/ Black Streaked VFT Unit 5 - ND No 5-1
Black Baseboard Unit 5 - ND No 5-2
Mudded Fitting Unit 5 - ND No 5-3
12”x12” Tan Mottled VFT w/ Yellow Mastic Younkers - ND No Y-1
12”x12” Gray VFT Younkers - ND No Y-2
12”x12” White w/ Blue/Gray Streaked VFT & Yellow Mastic Younkers - ND No Y-3
12”x12” Black VFT w/ Black Mastic Younkers 10 sf. Mastic – 5% Chrysotile No Y-4
12”x12” White w/ Brown Streaked VFT Younkers - ND No Y-5
12”x12” VFT with ½” Square Pattern Younkers - ND No Y-6
Drywall & Joint Compound Younkers - ND No Y-7
Brown Baseboard w/ Brown Adhesive Younkers - ND No Y-8
Mudded Pipe Hanger Younkers - ND No Y-9
12”x12” White w/ Brown Streaked VFT & Black Mastic Younkers 5,000 sf. Tile – 3% Chrysotile No Y-10
12”x12” Blue/Green VFT Younkers - ND No Y-11
12”x12” Off-White w/ Blue Streaked VFT Younkers - ND No Y-12
Ceiling Texture (E & S Vestibules) Younkers C-8 10% Chrysotile No C-8
12”x12” Tan Mottled VFT & Yellow Mastic Unit 8A - ND No 8A-1
Tan Carpet Mastic Unit 8A - ND No 8A-2
ND-Non-Detect SF.-Square Foot LF.-Lineal Feet CT-Ceiling Tile VFT-Vinyl Floor Tile VSF-Vinyl Sheet Flooring
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Material Location Quantity* Asbestos % Friable Sample #
VSF w/ Mastic (Bathroom) Unit 8B 80 sf. Mastic - 4% Chrysotile No 8B-1
12”x12” VFT w/ Yellow Mastic Unit 8B - ND No 8B-2
Gray Pebble Pattern VSF Unit 11 - ND No 11-1
12”x12” White w/ Gray Streaked VFT Unit 11 - ND No 11-2
Black Mastic Unit 17 - ND No 17-1
12”x12” Tan Mottled VFT w/ Yellow Mastic Unit 20-1 - ND No 20-1
12”x12” White w/ Brown Mottled VFT Unit 23A-1 - ND No 23A-1
Black Mastic Unit 24 - ND No 24-1
12”x12” White w/ Gray Mottled VFT Unit 31 - ND No 31-1
Black Mastic Unit 39 - ND No 39-1
VSF Unit 40A - ND No 40A-1
12”x12” Tan w/ Brown Pitted VFT & Black Mastic Unit 41 300 sf. Tile - 3% Chrysotile Mastic – 5% Chrysotile No 41-1
12”x12” VFT and Mastic Unit 42 - ND No 42-1
12”x12” Black VFT Unit 43 - ND No 43-1
Tan VSF Unit 48 150 sf. 20% Chrysotile No 48-1
Tan Designed VSF Unit 48 200 sf. 20% Chrysotile No 48-2
Drywall & Joint Compound Unit 48 - ND No 48-3
Wall Texture Unit 48 - ND No 48-4
Mudded Fitting Unit 48 - ND No 48-5
12”x12” VFT Unit 49 - ND No 49-1
VSF Unit 51 - ND No 51-1
12”x12” White w/ Black Streaked VFT Unit 52 - ND No 52-1
12”x12” VFT Unit 58 - ND No 58-1
12”x12” White w/ Black Streaked VFT & Yellow/Tan Mastic Maint. Room - ND NO Maint-1
12”x12” Tan w/ Brown Streaked VFT & Black Mastic JC Penny - ND No JC-1
12”x12” Brown VFT w/ Brown Mastic JC Penny - ND No JC-2
12”x12” Black w/ White Streaked VFT JC Penny - ND No JC-3
12”x12” Tan Marbled VFT & Black Mastic JC Penny 30,000 sf. Mastic – 5% Chrysotile No JC-4
12”x12” Beige Mottled VFT & Yellow Mastic JC Penny - ND No JC-5
12”x12” Off-White/Tan Mottled VFT & Yellow Mastic JC Penny - ND No JC-6
Ceiling Tile w/ Pinholes and Holes JC Penny - ND No JC-7
Black/Yellow Mastic JC Penny JC-4 2% Chrysotile No JC-8
12”x12” White w/ Black Streaked VFT & Black Mastic (Sales Floor) JC Penny JC-4 Mastic - 4% Chrysotile No JC-9
Silver/Black HVAC Duct Sealant (JC Penny Roof) JC Penny 80 sf. 6% Chrysotile No JC-10
12”x12” Cream w/ Brown Streaked VFT Black Mastic Unit 16 - ND No 16-1
12”x12” Tan/Olive/Blue Mottled VFT Unit 22 - ND No 22-1
12”x12” VFT (Under Carpet) w/ Yellow Carpet and Black Mastics Paint Room - ND No PR-1
12”x12” Cream w/ Brown Streaked VFT & Black Mastic Unit 57 - ND No 57-1
Tan 4” Square Design VSF Unit 64 - ND No 64-1
12”x12” White w/ Black Streaked VFT & Yellow Mastic Security Office - ND No SO-1
2’x2” Ceiling Tile w/ Deep Design Civic Room - ND No CR-1
ND-Non-Detect SF.-Square Foot LF.-Lineal Feet CT-Ceiling Tile VFT-Vinyl Floor Tile VSF-Vinyl Sheet Flooring
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Material Location Quantity* Asbestos % Friable Sample #
Black Roof Flashing Tar Sears Roof - ND No SRR-1
Gray/Black Patch Sealant Sears Roof 1 sf. 3% Chrysotile No SRR-2
Black Roof Flashing Tar Sears Roof - ND No SRR-3
Black Roof Tar JCP Roof - ND No JCR-1
Black Speckled Asphalt Roll & Black Tar JCP Roof - ND No JCR-2
Black Roof Tar JCP Roof - ND No JCR-3
Black Speckled Asphalt Roll & Black Tar JCP Roof - ND No JCR-4
VSF w/ Adhesive Unit 8B - ND No 8B-1
12”x12” VFT w/ Yellow Mastic Unit 8B - ND No 8B-2
Black Mastic Unit 17 - ND No 17-1
12”x12” Tan Mottled VFT w/ Yellow Mastic Unit 20 - ND No 20-1
12”x12” White w/ Brown Mottled VFT Unit 23 - ND No 23A-1
Black Mastic Unit 24 - ND No 24-1
12”x12” White w/ Gray Mottled VFT Unit 31 - ND No 31-1
B:ack Mastic Unit 39 - ND No 39-1
VSF Unit 40A - ND No 40A-1
12”x12” Tan w/ Brown Pitted VFT and Black Mastic Unit 41 - ND No 41-1
12”x12” VFT and Yellow Mastic Unit 42 - ND No 42-1
12”x12” Black VFT Unit 43 - ND No 43-1
Mudded Fitting (Roof Drain) Unit 48 - ND No 48-5
12”x12” VFT Unit 49 - ND No 49-1
VSF Unit 51 - ND No 51-1
12”x12” White w/ Black Streaked VFT Unit 52 - ND No 52-1
12”x12” VFT Unit 58 - ND No 58-1
Drywall & Joint Compound Best Buy ND No BB-1
Tan Vinyl Plank Flooring Best Buy ND No BB-2
12”x12” Blue/Gray Mottled VFT & Black Mastic Dillard’s 120,000 sf. Mastic – 5% Chrysotile No D-1
Drywall Dillard’s ND No D-2
12”x12” Tan w/ Blue Mottled VFT Dillard’s ND No D-3
Mudded Fitting Dillard’s ND No D-4
Transite Soffit Panels Sky Light Areas 3,000 sf. Assumed No ----
ND-Non-Detect SF.-Square Foot LF.-Lineal Feet CT-Ceiling Tile VFT-Vinyl Floor Tile VSF-Vinyl Sheet Flooring
*The quantities listed above are based upon the inspector's field measurements and are provided as estimates only.
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Scope of Services
A visual inspection and sampling survey was conducted in general accordance with EPA/NESHAP
guidelines to determine the presence of suspect asbestos-containing building materials (ACBM) in demolition and renovation projects. Survey Methodology
This asbestos survey was performed by a State of Nebraska licensed asbestos inspector. An initial building walk through was conducted to determine the presence of suspect materials, homogeneous materials, and functional spaces throughout the facility. Following the walk through, the inspector collects samples of selected materials identified as suspect ACBM. Sampling is limited to those materials which do not involve destruction of building elements, physical barriers, or the structural integrity of the item being tested. Confined spaces and areas with structural deficiencies are also not inspected unless noted. EPA guidelines were used to determine the sampling protocol. Sampling locations were chosen to be representative of the
homogeneous sampling area. While an effort was made to collect samples randomly, samples were taken preferentially from areas which were the least visible to minimize disturbance of the material.
Laboratory Methodology
Bulk samples obtained from the facility were analyzed at an accredited laboratory listed on the National Voluntary Laboratory Accreditation Program (NVLAP) using Polarized Light Microscopy (PLM) or point
count methodology (PC) as needed. Laboratory certifications and statements of qualifications can be provided as needed. Warranty
HTC and its inspectors are trained and licensed to perform the services provided. All care is taken to provide a product of the highest quality in line with professional standards. All care is taken to examine the entirety of the facility or area requested in so far as it is safe to do so. The value of the warranty or any claims cannot exceed the value paid for this report or survey. Survey and Analysis Results
For a detailed report on laboratory findings please refer to Appendix D. Quantities of materials sampled
are estimated from field measurements. Owner, contractor, or other operators should field verify all quantities to ensure accuracy.
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Appendix A – Licensing:
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NEB~A-S ~
Good Life. Great Mission.
DEPT. OF HEALTH AND HUMAN SERVICES
Public Health Licensure Unit
Certification of Licensure
Pete Ricketts, Governor
This certificate serves as primary source verification of licensure in the State of Nebraska
as of the close of the business day before 6/24/2021.
Name:
Type:
Number:
Status:
Issued:
Expiration:
Education:
Michael Aaron Smith
Asbestos Management Planner
920
Active
01/29/2015
02/28/2023
None on record at this time
Di sci pl i nary/Non-Disciplinary Information:
No disciplinary/non-disciplinary actions taken against this license.
If you have questions about this information, please contact the
Licensure Unit at (402) 471-2115 or DHHS.LicensureUnit@nebraska.gov.
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State of Nebraska
Department of Health and Human Services
Division of Public Health
Michael Aaron Smith
Asbestos Management Planner
License #: 920
Status: Active
Expiration: 02/28/2023
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Appendix B – Regulatory Overview:
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There are several government agencies with regulations pertaining to asbestos, renovation, and demolition projects in Nebraska. The following items are summaries of their involvement. Environmental Protection Agency
Asbestos Hazard Emergency Response Act (AHERA) – This act contains many regulations pertaining
exclusively to schools and can be found in 40 Code of Federal Regulation (CFR), Part 763.
National Emissions Standards for Hazardous Air Pollutants (NESHAP) – NESHAP regulations govern
most of the asbestos related renovation and demolition projects. The full text can be found in 40 CFR. Part
61.
- Requires an asbestos inspection prior to renovation and demolition projects.
- Requires removal of materials prior to being disturbed by renovation or demolition activities.
- Requires ten government working day notification prior to any renovation, demolition, or asbestos removal activities on projects greater than 160 square feet or 260 lineal feet. All demolition projects must be notified regardless of if asbestos is present.
- Regulates the training requirements for asbestos professionals.
- Regulates the identification, removal, transportation, and disposal of asbestos containing materials. Nebraska Department of Health & Human Services Asbestos Control Program
This state agency is delegated certain responsibilities created by the EPA regulations. For more information
visit the programs website located at https://dhhs.ne.gov/Pages/Asbestos.aspx.
- Requires an asbestos inspection be performed by a licensed inspector prior to any renovation or demolition project. From the Program website:
“Before you begin demolition or renovation of a project by anyone other than a homeowner (in that person’s residential property of 4 units or less), each residential or commercial property owner must have a thorough
inspection for asbestos-containing materials. This inspection must be performed by a Nebraska-certified asbestos inspector.”
- Requires a ten-day (14 calendar day) notification on projects greater than 160 square feet or 260 lineal feet.
- Requires state licensed personnel do all asbestos work except that exempted by the residential exemption found in glossary.
- Regulates work practices for all asbestos work.
- Enforces State regulations and some EPA regulations.
Nebraska Department of Environment and Energy (NDEE)
NDEQ regulations require removal of asbestos prior to demolition or renovation. NDEE also regulates the disposal of asbestos wastes and construction and demolition (C & D) materials.
- Requires use of personnel licensed in accordance with NDOH.
- Requires inspection and removal of ACM in demolition and renovations projects.
- Requires the same ten-day notification as above.
- Requires all asbestos waste be disposed of in a licensed landfill permitted to accept asbestos.
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- Requires all C&D material be disposed of or recycled in a permitted facility.
- Requires an inspection and removal of any ACM prior to a fire training exercise. Also requires
disposal of ashes from said burn in a licensed landfill. Occupational Safety and Health Administration (OSHA)
OSHA regulates asbestos as it pertains to the safety and health of all workers on site. Further information can be found in 29 cfr. 1926.1101.
- Requires owners of facilities to perform a survey of asbestos containing materials and institute
an operations and maintenance plan to keep materials in good condition.
- Regulates work practices for removal and repair of ACM as it pertains to employee safety.
- Requires air monitoring be performed in certain situations to protect safety of asbestos workers
as well as any other workers that may be in the area or structure.
- Requires medical monitoring, respiratory protection, and education of employees working with asbestos.
- OSHA may regulate materials whose asbestos content does not meet the EPA definition of an asbestos containing material.
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Appendix C - Glossary of Terms:
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Approved Asbestos Waste Disposal Site - means a solid waste disposal area that is operated under a permit issued by the Nebraska Department of Environmental Quality and is authorized to receive asbestos
containing solid wastes. See Appendix E. Asbestos – means asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite. Asbestos Containing Materials or ACM – means any material or product, which contains more than 1% asbestos. Asbestos Project – means an asbestos encapsulation project, an asbestos removal project, an asbestos enclosure project, an asbestos related demolition project or an asbestos related dismantling project, but shall not include any activities which affect three (3) square feet or less or three (3) linear feet or less of ACM
on or in a structure or equipment or any appurtenances thereto, or (b) any activities physically performed by a homeowner, a member of the home owner's family or an unpaid volunteer on or in the home owner's residential property of four units or less.
Bulk Sample – a solid quantity of a building material suspected of containing asbestos and that will be analyzed for the presence of asbestos.
Demolition – means the wrecking, razing, or removal of any structure or load-supporting structural item of any structure, including any related material handling operations, and includes the intentional burning of any structure. Friable Asbestos – means asbestos in a form which can be crumbled, pulverized, or reduced to powder by hand pressure. Caution: Non-friable asbestos which becomes friable is classified as friable asbestos. Inspector – means an individual who is certified by the Department to identify and assess the condition of ACM. Inspectors shall perform their duties in accordance with the techniques, knowledge, training and
responsibilities outlined in 008.04A8. Management Planner – means an individual who is certified by the Department to assess the hazard of materials containing asbestos, to determine the appropriate response actions and to write management plans. Non-friable ACM – any material containing more than one percent asbestos (as determined by Polarized
Light Microscopy), that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure, Nonfriable asbestos is further divided into categories I and II. Category I includes packings, gaskets, resilient floor covering, and asphalt roofing. Category II includes any material not in Category I. Project Designer – means an individual who is certified by the Department to formulate plans and write
specifications for conducting asbestos projects.
Grand Island Council Session - 9/13/2022 Page 48 / 84
Grand Island Council Session - 11/8/2022 Page 79 / 189
P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
RACM – Regulated Asbestos-Containing Material (ACM) is:
- Friable asbestos;
- Category I non-friable ACM that has become friable due to destructive handling;
- Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or
- Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material during demolition or renovation operations regulated by the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP). Renovation – means the altering of a structure, one or more structural items, or one or more equipment items in any way, including any asbestos project performed on a structure, structural item, or equipment item.
Structure or Structural Item – means roofs, walls, ceilings, floors, structural supports, pipes, ducts, fittings and fixtures that have been installed as an integral part of any structure.
Thermal System Insulation (TSI) – ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.
Grand Island Council Session - 9/13/2022 Page 49 / 84
Grand Island Council Session - 11/8/2022 Page 80 / 189
P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Appendix D – Laboratory Analytical Results
Grand Island Council Session - 9/13/2022 Page 50 / 84
Grand Island Council Session - 11/8/2022 Page 81 / 189
Date Received: 13-Jul-2022
14-Jul-2022Date Analyzed:
15-Jul-2022Date Reported:
JH22138748Order #:
2973888Project #:
EMLab ID 2973888
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
6110 W. 34th Street, Houston, Texas 77092
Phone: (713) 290-0221 - Fax: (713) 290-0248
J3Resources.com
LAYER 1
Floor Tile, Beige, Homogeneous
None DetectedSR-1 Non-Fibrous Material 100%
LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100%
LAYER 1
Mastic, Yellow, Homogeneous
None DetectedSR-2 Non-Fibrous Material 100%
LAYER 2
Floor Tile, Beige, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 3
Mastic, Black, Homogeneous
Chrysotile 5%Non-Fibrous Material 95%
LAYER 1
Floor Tile, Off White, Homogeneous
None DetectedSR-3 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 1
Mastic, Yellow, Homogeneous
None DetectedSR-4 Non-Fibrous Material 100%
LAYER 2
Floor Tile, White, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 3
Mastic, Black, Homogeneous
Chrysotile 5%Non-Fibrous Material 95%
LAYER 1
Floor Tile, Gray, Homogeneous
None DetectedSR-5 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Scott Ward, Ph.D. Lab Director
NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 1 of 5
Anh Phung Analyst
Grand Island Council Session - 9/13/2022 Page 51 / 84
Grand Island Council Session - 11/8/2022 Page 82 / 189
Date Received: 13-Jul-2022
14-Jul-2022Date Analyzed:
15-Jul-2022Date Reported:
JH22138748Order #:
2973888Project #:
EMLab ID 2973888
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
6110 W. 34th Street, Houston, Texas 77092
Phone: (713) 290-0221 - Fax: (713) 290-0248
J3Resources.com
LAYER 1
Floor Tile, Lt. Gray, Homogeneous
None DetectedSR-6 Non-Fibrous Material 100%
LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100%
Cellulose Fiber
Fibrous Glass
Wallboard, Brown/ White, Homogeneous None DetectedSR-7 10%
<1%
Non-Fibrous Material 90%
LAYER 1Mastic, Gray/ Clear, Homogeneous None DetectedSR-8 Non-Fibrous Material 100%
LAYER 2
Floor Tile, Beige, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 3
Mastic, Black, Homogeneous
Chrysotile 5%Non-Fibrous Material 95%
LAYER 1
Joint Compound, White, Homogeneous
None DetectedSR-9 Non-Fibrous Material 100%
Cellulose Fiber
Fibrous Glass
LAYER 2
Wallboard, Brown/ White, Homogeneous
None Detected 10%
<1%
Non-Fibrous Material 90%
LAYER 1
Mastic, Gray/ Clear, Homogeneous
None DetectedSR-10 Non-Fibrous Material 100%
LAYER 2
Floor Tile, Off White, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 3
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Scott Ward, Ph.D. Lab Director
NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 2 of 5
Anh Phung Analyst
Grand Island Council Session - 9/13/2022 Page 52 / 84
Grand Island Council Session - 11/8/2022 Page 83 / 189
Date Received: 13-Jul-2022
14-Jul-2022Date Analyzed:
15-Jul-2022Date Reported:
JH22138748Order #:
2973888Project #:
EMLab ID 2973888
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
6110 W. 34th Street, Houston, Texas 77092
Phone: (713) 290-0221 - Fax: (713) 290-0248
J3Resources.com
LAYER 1
Floor Tile, Gray, Homogeneous
None DetectedSR-11 Non-Fibrous Material 100%
LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100%
Cellulose Fiber
Mineral Wool
Ceiling Tile, White/ Gray, Homogeneous None DetectedC-1 60%
20%
Non-Fibrous Material 20%
LAYER 1Joint Compound, Beige, Homogeneous ChrysotileC-2 2%Non-Fibrous Material 98%
Cellulose Fiber
Fibrous Glass
LAYER 2
Wallboard, Brown/ White, Homogeneous
None Detected 10%
<1%
Non-Fibrous Material 90%
Ceiling Texture, White, Homogeneous None DetectedC-3 Non-Fibrous Material 100%
Cellulose Fiber
Mineral Wool
Ceiling Tile, White/ Gray, Homogeneous None DetectedC-4 60%
20%
Non-Fibrous Material 20%
Ceiling Texture, White, Homogeneous None DetectedC-5 Non-Fibrous Material 100%
Cellulose Fiber
Mineral Wool
Ceiling Tile, White/ Gray, Homogeneous None DetectedC-6 60%
20%
Non-Fibrous Material 20%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Scott Ward, Ph.D. Lab Director
NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 3 of 5
Anh Phung Analyst
Grand Island Council Session - 9/13/2022 Page 53 / 84
Grand Island Council Session - 11/8/2022 Page 84 / 189
Date Received: 13-Jul-2022
14-Jul-2022Date Analyzed:
15-Jul-2022Date Reported:
JH22138748Order #:
2973888Project #:
EMLab ID 2973888
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
6110 W. 34th Street, Houston, Texas 77092
Phone: (713) 290-0221 - Fax: (713) 290-0248
J3Resources.com
LAYER 1
Joint Compound, White, Homogeneous
None DetectedC-7 Non-Fibrous Material 100%
Cellulose FiberFibrous GlassLAYER 2Wallboard, Brown/ White, Homogeneous None Detected 10%<1%
Non-Fibrous Material 90%
Ceiling Texture, White, Homogeneous ChrysotileC-8 10%Non-Fibrous Material 90%
Ceiling Texture, White, Homogeneous None DetectedC-9 Non-Fibrous Material 100%
Cellulose Fiber
Mineral Wool
Ceiling Tile, White/ Gray, Homogeneous None DetectedC-10 70%
10%
Non-Fibrous Material 20%
Ceiling Texture, White, Homogeneous ChrysotileC-11 10%Non-Fibrous Material 90%
Cellulose FiberLAYER 1
Wood Flooring, Brown, Homogeneous
None DetectedC-12 100%
Cellulose FiberLAYER 2
Mastic, Brown, Homogeneous
No Black Mastic Present
None Detected 2%
Non-Fibrous Material 98%
LAYER 1
Floor Tile, Tan, Homogeneous
None Detected32-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Scott Ward, Ph.D. Lab Director
NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 4 of 5
Anh Phung Analyst
Grand Island Council Session - 9/13/2022 Page 54 / 84
Grand Island Council Session - 11/8/2022 Page 85 / 189
Date Received: 13-Jul-2022
14-Jul-2022Date Analyzed:
15-Jul-2022Date Reported:
JH22138748Order #:
2973888Project #:
EMLab ID 2973888
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
6110 W. 34th Street, Houston, Texas 77092
Phone: (713) 290-0221 - Fax: (713) 290-0248
J3Resources.com
LAYER 1
Floor Tile, Tan, Homogeneous
None Detected8A-1 Non-Fibrous Material 100%
LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Scott Ward, Ph.D. Lab Director
NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 5 of 5
Anh Phung Analyst
Grand Island Council Session - 9/13/2022 Page 55 / 84
Grand Island Council Session - 11/8/2022 Page 86 / 189
Date Received: 20-Jul-2022
20-Jul-2022Date Analyzed:
22-Jul-2022Date Reported:
JH22138951Order #:
2973888Project #:
EPA 600/M4-82-020; 600/R-93/116 - Point Count Method
PC-JH22138748-EMLab ID 2973888
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
6110 W. 34th Street, Houston, Texas 77092
Phone: (713) 290-0221 - Fax: (713) 290-0248
J3Resources.com
Joint Compound, Beige, Homogeneous
Original PLM Result: Chrysotile 2%
ChrysotileC-2 LAYER 1 0.50%Non-Fibrous Material 99.50%
400 pt. POINT COUNT
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in
full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of
PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation,
fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. EJ3 recommends TEM confirmation of soils,
vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condition unless
otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Scott Ward, Ph.D. Lab Director
NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 1 of 1
Taylor Smylie Analyst
Grand Island Council Session - 9/13/2022 Page 56 / 84
Grand Island Council Session - 11/8/2022 Page 87 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Total Samples Submitted:29
Total Samples Analyzed:29
Total Samples with Layer Asbestos Content > 1%:4
Location: 5-1, 12"x12" Gray Mottled w/ Brown Streaked VFT Lab ID-Version‡: 14304823-1
Sample Layers Asbestos Content
Gray Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
Location: 5-2, Black Baseboard Lab ID-Version‡: 14304824-1
Sample Layers Asbestos Content
Black Baseboard ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
Location: 5-3, Mudded Fitting Lab ID-Version‡: 14304825-1
Sample Layers Asbestos Content
Gray Semi-Fibrous Material ND
Composite Non-Asbestos Content: 15% Glass Fibers
5% Cellulose
Sample Composite Homogeneity: Good
Location: Y-1, 12"x12" Tan Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304826-1
Sample Layers Asbestos Content
Tan Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 2974469, Page 2 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 57 / 84
Grand Island Council Session - 11/8/2022 Page 88 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: Y-2, 12"x12" Gray VFT Lab ID-Version‡: 14304827-1
Sample Layers Asbestos Content
Gray Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 2974469, Page 3 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 58 / 84
Grand Island Council Session - 11/8/2022 Page 89 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: Y-3, 12"x12"White w/ Blue/Gray Streaked VFT w/ Yellow Mastic Lab ID-Version‡: 14304828-1
Sample Layers Asbestos Content
White Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
Location: Y-4, 12"x12" Black VFT w/ Black Mastic Lab ID-Version‡: 14304829-1
Sample Layers Asbestos Content
Black Floor Tile ND
Black Mastic 5% Chrysotile
Sample Composite Homogeneity: Moderate
Location: Y-5, 12"x12" White w/ Brown Streaked VFT Lab ID-Version‡: 14304830-1
Sample Layers Asbestos Content
White Floor Tile ND
Black Mastic ND
Sample Composite Homogeneity: Moderate
Location: Y-6, 12"x12" VFT w/ 1/2" Square Pattern Lab ID-Version‡: 14304831-1
Sample Layers Asbestos Content
Gray Floor Tile ND
Sample Composite Homogeneity: Good
EMLab ID: 2974469, Page 4 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 59 / 84
Grand Island Council Session - 11/8/2022 Page 90 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: Y-7, Drywall & Joint Compound (COMPOSITE SAMPLE)Lab ID-Version‡: 14304832-1
Sample Layers Asbestos Content
White Drywall with Brown Paper ND
White Joint Compound ND
Composite Non-Asbestos Content: 10% Cellulose
Sample Composite Homogeneity: Moderate
Location: Y-8, Brown Baseboard w/ Brown Adhesive Lab ID-Version‡: 14304833-1
Sample Layers Asbestos Content
Brown Baseboard ND
Brown Mastic ND
Sample Composite Homogeneity: Moderate
Location: Y-9, Mudded Pipe Hager Fitting Lab ID-Version‡: 14304834-1
Sample Layers Asbestos Content
Gray Semi-Fibrous Material ND
Composite Non-Asbestos Content: 15% Glass Fibers
5% Cellulose
Sample Composite Homogeneity: Good
Location: 11-1, Gray Pebble Pattern VSF Lab ID-Version‡: 14304835-1
Sample Layers Asbestos Content
Gray Sheet Flooring with Fibrous Backing ND
Composite Non-Asbestos Content: 15% Cellulose
Sample Composite Homogeneity: Good
EMLab ID: 2974469, Page 5 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 60 / 84
Grand Island Council Session - 11/8/2022 Page 91 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: 11-2, 12"x12" White w/ Gray Streaked VFT w/ Yellow Mastic Lab ID-Version‡: 14304836-1
Sample Layers Asbestos Content
White Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
Location: 48-1, Tan VSF Lab ID-Version‡: 14304837-1
Sample Layers Asbestos Content
Tan Sheet Flooring with Fibrous Backing 20% Chrysotile
Composite Non-Asbestos Content: 10% Cellulose
Sample Composite Homogeneity: Good
Location: 48-2, Tan Designed VSF Lab ID-Version‡: 14304838-1
Sample Layers Asbestos Content
Yellow Mastic ND
Tan Sheet Flooring with Fibrous Backing 20% Chrysotile
Composite Non-Asbestos Content: 10% Cellulose
Sample Composite Homogeneity: Moderate
Location: 48-3, Drywall & Joint Compound Lab ID-Version‡: 14304839-1
Sample Layers Asbestos Content
White Drywall with Brown Paper ND
Composite Non-Asbestos Content: 10% Cellulose
Sample Composite Homogeneity: Good
EMLab ID: 2974469, Page 6 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 61 / 84
Grand Island Council Session - 11/8/2022 Page 92 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: 48-4, Wall Texture Lab ID-Version‡: 14304840-1
Sample Layers Asbestos Content
White Texture ND
Sample Composite Homogeneity: Good
Location: Maint-1, 12"x12" White w/ Black Streaked VFT w/ Tan-Yellow Mastic Lab ID-Version‡: 14304841-1
Sample Layers Asbestos Content
White Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
Location: JC-1, 12"x12" Tan w/ Brown Streaked VFT w/ Black Mastic Lab ID-Version‡: 14304842-1
Sample Layers Asbestos Content
Tan Floor Tile ND
Black Mastic ND
Sample Composite Homogeneity: Moderate
Location: JC-2, 12"x12" Brown VFT w/ Brown Mastic Lab ID-Version‡: 14304843-1
Sample Layers Asbestos Content
Brown Floor Tile ND
Brown Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 2974469, Page 7 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 62 / 84
Grand Island Council Session - 11/8/2022 Page 93 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: JC-3, 12"x12" Black w/ White Streaked VFT Lab ID-Version‡: 14304844-1
Sample Layers Asbestos Content
Black Floor Tile ND
Sample Composite Homogeneity: Good
Location: JC-4, 12"x12" Tan Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304845-1
Sample Layers Asbestos Content
Tan Floor Tile ND
Black Mastic 5% Chrysotile
Sample Composite Homogeneity: Moderate
Location: JC-5, 12"x12" Beige Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304846-1
Sample Layers Asbestos Content
Beige Floor Tile ND
Sample Composite Homogeneity: Good
Location: JC-6, Off-White w/ Tan Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304847-1
Sample Layers Asbestos Content
Off-White Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 2974469, Page 8 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 63 / 84
Grand Island Council Session - 11/8/2022 Page 94 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-11-2022
Date of Receipt: 07-13-2022
Date of Report: 07-18-2022
ASBESTOS PLM REPORT
Location: JC-7, 2x4 CT w/ Pineholes and Holes Lab ID-Version‡: 14304848-1
Sample Layers Asbestos Content
Beige Ceiling Tile with White Surface ND
Composite Non-Asbestos Content: 40% Cellulose
40% Glass Fibers
Sample Composite Homogeneity: Good
Location: 16-1, 12"x12" Cream w/ Brown Streaked VFT w/ Black Mastic Lab ID-Version‡: 14304849-1
Sample Layers Asbestos Content
Cream Floor Tile ND
Black Mastic ND
Sample Composite Homogeneity: Moderate
Location: 22-1, Tan/Olive/Blue Mottled VFT Lab ID-Version‡: 14304850-1
Sample Layers Asbestos Content
Tan Floor Tile ND
Sample Composite Homogeneity: Good
Location: PR-1, 12"x12" VFT (Under Carpet in Restroom)Lab ID-Version‡: 14304851-1
Sample Layers Asbestos Content
Yellow Mastic ND
Cream Floor Tile ND
Black Mastic ND
Sample Composite Homogeneity: Poor
EMLab ID: 2974469, Page 9 of 9Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 64 / 84
Grand Island Council Session - 11/8/2022 Page 95 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-12-2022
Date of Receipt: 07-14-2022
Date of Report: 07-19-2022
ASBESTOS PLM REPORT
Total Samples Submitted:12
Total Samples Analyzed:12
Total Samples with Layer Asbestos Content > 1%:1
Location: CR-1, 2x2 CT w/ Deep Design Lab ID-Version‡: 14309731-1
Sample Layers Asbestos Content
Gray Ceiling Tile with White Surface ND
Composite Non-Asbestos Content: 60% Glass Fibers
20% Cellulose
Sample Composite Homogeneity: Good
Location: SO-1, 12x12 White w/ Black Streaked VFT and Yellow Mastic Lab ID-Version‡: 14309732-1
Sample Layers Asbestos Content
White Floor Tile ND
Yellow Mastic ND
Sample Composite Homogeneity: Moderate
Location: 8A-2, Yellow Carpet Mastic Lab ID-Version‡: 14309733-1
Sample Layers Asbestos Content
Yellow Mastic ND
Sample Composite Homogeneity: Good
Location: 57-1, 12x12 Cream w/ Beige Streaked VFT w/ Black Mastic Lab ID-Version‡: 14309734-1
Sample Layers Asbestos Content
Cream Floor Tile ND
Black Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 2975278, Page 2 of 4Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 65 / 84
Grand Island Council Session - 11/8/2022 Page 96 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-12-2022
Date of Receipt: 07-14-2022
Date of Report: 07-19-2022
ASBESTOS PLM REPORT
Location: 64-1, Tan Square Design VSF Lab ID-Version‡: 14309735-1
Sample Layers Asbestos Content
Tan Sheet Flooring with Fibrous Backing ND
Composite Non-Asbestos Content: 20% Cellulose
Sample Composite Homogeneity: Good
Location: SRR-1, Black Flashing Tar Lab ID-Version‡: 14309736-1
Sample Layers Asbestos Content
Black Roof Flashing ND
Sample Composite Homogeneity: Good
Location: SRR-2, Black Flashing Tar Lab ID-Version‡: 14309737-1
Sample Layers Asbestos Content
Gray/Black Roof Flashing 3% Chrysotile
Sample Composite Homogeneity: Good
Location: SRR-3, Black Flashing Tar Lab ID-Version‡: 14309738-1
Sample Layers Asbestos Content
Black Roof Flashing ND
Sample Composite Homogeneity: Good
EMLab ID: 2975278, Page 3 of 4Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 66 / 84
Grand Island Council Session - 11/8/2022 Page 97 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-12-2022
Date of Receipt: 07-14-2022
Date of Report: 07-19-2022
ASBESTOS PLM REPORT
Location: JCR-1, Black Roof Tar Lab ID-Version‡: 14309739-1
Sample Layers Asbestos Content
Black Roofing Tar ND
Sample Composite Homogeneity: Good
Location: JCR-2, Black Asphalt Roll w/ Black Tar Lab ID-Version‡: 14309740-1
Sample Layers Asbestos Content
Black Roofing Material with Grey Pebbles ND
Black Tar ND
Sample Composite Homogeneity: Moderate
Location: JCR-3, Black Roof Tar Lab ID-Version‡: 14309741-1
Sample Layers Asbestos Content
Black Roofing Tar ND
Sample Composite Homogeneity: Good
Location: JCR-4, Black Asphalt Roll w/ Black Tar Lab ID-Version‡: 14309742-1
Sample Layers Asbestos Content
Black Roofing Material with Grey Pebbles ND
Black Tar ND
Sample Composite Homogeneity: Moderate
EMLab ID: 2975278, Page 4 of 4Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 67 / 84
Grand Island Council Session - 11/8/2022 Page 98 / 189
Date Received: 26-Jul-2022
27-Jul-2022Date Analyzed:
27-Jul-2022Date Reported:
JP221037792Order #:
2982869Project #:
EMLab ID 2982869
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
3113 Red Bluff Road, Pasadena, TX 77503
Phone: (713) 290-0223 - Fax: (713) 290-0248
J3Resources.com
Fibrous GlassLAYER 1
Sheet Flooring, Beige, Homogeneous
None Detected8B-1 4%
Non-Fibrous Material 96%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 3
Float, Gray, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 4
Mastic, Black, Homogeneous
Chrysotile 4%Non-Fibrous Material 96%
LAYER 1
Floor Tile, White, Homogeneous
None Detected8B-2 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Cellulose FiberMastic, Black, Homogeneous None Detected17-1 5%
Non-Fibrous Material 95%
LAYER 1
Floor Tile, Tan/ Mottled, Homogeneous
None Detected20-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Floor Tile, White/Brown/ Mottled,
Homogeneous
None Detected23A-1 Non-Fibrous Material 100%
Cellulose FiberMastic, Black, Homogeneous None Detected24-1 5%
Non-Fibrous Material 95%
Floor Tile, White/ Gray/ Mottled,
Homogeneous
None Detected31-1 Non-Fibrous Material 100%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Duane Salinas Analyst Lab DirectorScott Ward, Ph.D.
NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 1 of 4
Grand Island Council Session - 9/13/2022 Page 68 / 84
Grand Island Council Session - 11/8/2022 Page 99 / 189
Date Received: 26-Jul-2022
27-Jul-2022Date Analyzed:
27-Jul-2022Date Reported:
JP221037792Order #:
2982869Project #:
EMLab ID 2982869
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
3113 Red Bluff Road, Pasadena, TX 77503
Phone: (713) 290-0223 - Fax: (713) 290-0248
J3Resources.com
Mastic, Black, Homogeneous None Detected39-1 Non-Fibrous Material 100%
LAYER 1Sheet Flooring, White, Homogeneous None Detected40A-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 1
Floor Tile, Tan/Brown/Pitted,
Homogeneous
Chrysotile41-1 3%Non-Fibrous Material 97%
LAYER 2
Mastic, Black, Homogeneous
Chrysotile 5%Non-Fibrous Material 95%
LAYER 1
Floor Tile, White/Gray Streaks,
Homogeneous
None Detected42-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Floor Tile, Black, Homogeneous None Detected43-1 Non-Fibrous Material 100%
Fibrous GlassMud Insulation, Gray, Homogeneous None Detected48-5 25%
Non-Fibrous Material 75%
LAYER 1
Floor Tile, White, Homogeneous
None Detected49-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Duane Salinas Analyst Lab DirectorScott Ward, Ph.D.
NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 2 of 4
Grand Island Council Session - 9/13/2022 Page 69 / 84
Grand Island Council Session - 11/8/2022 Page 100 / 189
Date Received: 26-Jul-2022
27-Jul-2022Date Analyzed:
27-Jul-2022Date Reported:
JP221037792Order #:
2982869Project #:
EMLab ID 2982869
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
3113 Red Bluff Road, Pasadena, TX 77503
Phone: (713) 290-0223 - Fax: (713) 290-0248
J3Resources.com
Cellulose Fiber
Fibrous Glass
Sheet Flooring, Beige, Homogeneous None Detected51-1 20%
2%
Non-Fibrous Material 78%
LAYER 1
Floor Tile, White/Black Streaks,
Homogeneous
None Detected52-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 1
Floor Tile, Tan, Homogeneous
None Detected58-1 Non-Fibrous Material 100%
LAYER 2
Mastic, Yellow, Homogeneous
None Detected Non-Fibrous Material 100%
LAYER 1
Floor Tile, White/Brown Streaks,
Homogeneous
ChrysotileY-10 3%Non-Fibrous Material 97%
Cellulose FiberLAYER 2
Mastic, Black, Homogeneous
None Detected 2%
Non-Fibrous Material 98%
LAYER 1
Floor Tile, Blue/ Green, Homogeneous
None DetectedY-11 Non-Fibrous Material 100%
LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100%
Floor Tile, White/Blue Streaks,
Homogeneous
None DetectedY-12 Non-Fibrous Material 100%
Mastic, Black/ Yellow, Homogeneous ChrysotileJC-8 2%Non-Fibrous Material 98%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Duane Salinas Analyst Lab DirectorScott Ward, Ph.D.
NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 3 of 4
Grand Island Council Session - 9/13/2022 Page 70 / 84
Grand Island Council Session - 11/8/2022 Page 101 / 189
Date Received: 26-Jul-2022
27-Jul-2022Date Analyzed:
27-Jul-2022Date Reported:
JP221037792Order #:
2982869Project #:
EMLab ID 2982869
10900 Brittmoore Park Drive, Ste. G
Houston TX 77041
Eurofins EMLab P&K - Houston
Donnie Combs
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM)
Appx E Sub E 40 CFR 763 / EPA 600/R-93/116
Sample Description Asbestos
ConstituentsSample ID #Non-Asbestos
Constituents
Eurofins J3 Resources, Inc.
3113 Red Bluff Road, Pasadena, TX 77503
Phone: (713) 290-0223 - Fax: (713) 290-0248
J3Resources.com
LAYER 1
Floor Tile, White/Black Streaks,
Homogeneous
None DetectedJC-9 Non-Fibrous Material 100%
LAYER 2
Mastic, Black, Homogeneous
Chrysotile 4%Non-Fibrous Material 96%
Duct Sealant, Silver/ Black,
Homogeneous
ChrysotileJC-10 6%Non-Fibrous Material 94%
Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full,
without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM
and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size,
and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual
estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10%
by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM
confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi-
tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government.
Duane Salinas Analyst Lab DirectorScott Ward, Ph.D.
NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 4 of 4
Grand Island Council Session - 9/13/2022 Page 71 / 84
Grand Island Council Session - 11/8/2022 Page 102 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-27-2022
Date of Receipt: 07-28-2022
Date of Report: 08-02-2022
ASBESTOS PLM REPORT
Total Samples Submitted:6
Total Samples Analyzed:6
Total Samples with Layer Asbestos Content > 1%:1
Location: BB-1, Drywall and Joint Compound Lab ID-Version‡: 14372398-1
Sample Layers Asbestos Content
White Drywall with Brown Paper ND
White Joint Compound with Paint ND
Composite Non-Asbestos Content: 10% Cellulose
Sample Composite Homogeneity: Moderate
Location: BB-2, Tan Vinyl Plank Flooring Lab ID-Version‡: 14372399-1
Sample Layers Asbestos Content
Tan Sheet Flooring ND
Sample Composite Homogeneity: Good
Location: D-1, 12"x12" Tan w/ Lt. Blue/Gray Mottled VFT & Black Mastic Lab ID-Version‡: 14372400-1
Sample Layers Asbestos Content
Tan Floor Tile ND
Black Mastic 5% Chrysotile
Sample Composite Homogeneity: Good
EMLab ID: 2987259, Page 2 of 3Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
Grand Island Council Session - 9/13/2022 Page 72 / 84
Grand Island Council Session - 11/8/2022 Page 103 / 189
Eurofins EMLab P&K
1815 West Diehl Road, Suite 800, Naperville, IL 60563
(866) 871-1984 Fax (856) 334-1040 www.emlab.com
Client: Heartland Testing & Consulting
C/O: Mike Smith
Re: Conestoga Mall; NESHAP
Date of Sampling: 07-27-2022
Date of Receipt: 07-28-2022
Date of Report: 08-02-2022
ASBESTOS PLM REPORT
Location: D-2, Drywall Lab ID-Version‡: 14372401-1
Sample Layers Asbestos Content
White Drywall with Brown Paper ND
Composite Non-Asbestos Content: 10% Cellulose
Sample Composite Homogeneity: Good
Location: D-3, 12"x12" Beige/Tan Mottled VFT Lab ID-Version‡: 14372402-1
Sample Layers Asbestos Content
Beige Floor Tile ND
Sample Composite Homogeneity: Good
Location: D-4, Mudded Fitting Lab ID-Version‡: 14372403-1
Sample Layers Asbestos Content
White Semi-Fibrous Material ND
Composite Non-Asbestos Content: 15% Glass Fibers
Sample Composite Homogeneity: Good
EMLab ID: 2987259, Page 3 of 3Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to
dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Appendix E – Asbestos Sample Photographs
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 1:
View of
Sample SR-1 & SR-2.
Photo 2:
View of Sample SR-3 & SR-4.
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 3:
View of
Sample SR-8.
Photo 4:
View of sample C-2.
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 5:
View of Sample C-8 & C-11.
Photo 6:
View of
Sample Y-4 & Y-10.
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 7:
View of Sample 41-1.
Photo 8:
View of Sample 48-1.
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 9:
View of Sample 48-2.
Photo 10:
View of
Sample JC-4.
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Grand Island Council Session - 11/8/2022 Page 110 / 189
P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 11:
View of Sample JC-10.
Photo 12:
View of Sample SRR-2, material appears to be a patch material.
Grand Island Council Session - 9/13/2022 Page 80 / 84
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Photo 13:
View of sample D-1.
Photo 14: View of Assumed transite soffit.
Grand Island Council Session - 9/13/2022 Page 81 / 84
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P.O. BOX 290 • ALDA • 6 8 8 10
PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7
MIKE@ONEILLWR.COM
Appendix F – Facility Diagrams
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City of Grand Island
Tuesday, November 8, 2022
Council Session
Item E-2
Public Hearing on Proposed Extremely Blighted Study located in
the Northwest part of Grand Island between 13th Street and State
Street and between Webb Road and Capital Avenue including
Conestoga Mall and the Development to the North of the Mall
(Woodsonia Acquisitions LLC)
Council action will take place under Resolutions item I-2.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Regional Planning Commission
Meeting:November 8, 2022
Subject:Extremely Blighted Study
Presenter(s):Chad Nabity, AICP
Background
Woodsonia Acquisitions LLC has commissioned a study to identify areas in the City of
Grand Island that can qualify as Extremely Blighted per Nebraska Community
Redevelopment Law. Marvin Planning Consultants and Kurt Elder, AICP have prepared
a study that identifies those areas. The study is attached.
On September 13, 2022 Council referred the attached study to the Planning Commission
for its review and recommendation. The study as prepared and submitted identifies areas
within Grand Island that meet the qualifications to be declared extremely blighted. The
full study is attached for your review and consideration.
Extremely blighted area means a substandard and
blighted area in which: (a) The average rate of
unemployment in the area during the period covered by the
most recent federal decennial census or American
Community Survey 5-Year Estimate is at least two hundred
percent of the average rate of unemployment in the state
during the same period; and (b) the average poverty rate in
the area exceeds twenty percent for the total federal census
tract or tracts or federal census block group or block groups
in the area;
The decision on whether to declare an area extremely blighted is entirely within the
jurisdiction of the City Council.
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Discussion
The Statutory authority and direction to the Council and Planning Commission is
referenced below:
18-2101.02. Extremely blighted area; governing body; duties; review;
public hearing; map.
(1) For any city that (a) intends to carry out a redevelopment project which will
involve the construction of workforce housing in an extremely blighted area as
authorized under subdivision (28)(g) of section 18-2103, (b) intends to declare an
area as an extremely blighted area for purposes of funding decisions under
subdivision (1)(b) of section 58-708, or (c) intends to declare an area as an extremely
blighted area in order for individuals purchasing residences in such area to qualify for
the income tax credit authorized in subsection (7) of section 77-2715.07, the
governing body of such city shall first declare, by resolution adopted after the public
hearings required under this section, such area to be an extremely blighted area.
(2) Prior to making such declaration, the governing body of the city shall conduct
or cause to be conducted a study or an analysis on whether the area is extremely
blighted and shall submit the question of whether such area is extremely blighted to
the planning commission or board of the city for its review and recommendation. The
planning commission or board shall hold a public hearing on the question after giving
notice of the hearing as provided in section 18-2115.01. Such notice shall include a
map of sufficient size to show the area to be declared extremely blighted or
information on where to find such map and shall provide information on where to
find copies of the study or analysis conducted pursuant to this subsection. The
planning commission or board shall submit its written recommendations to the
governing body of the city within thirty days after the public hearing.
(3) Upon receipt of the recommendations of the planning commission or board, or
if no recommendations are received within thirty days after the public hearing
required under subsection (2) of this section, the governing body shall hold a public
hearing on the question of whether the area is extremely blighted after giving notice
of the hearing as provided in section 18-2115.01. Such notice shall include a map of
sufficient size to show the area to be declared extremely blighted or information on
where to find such map and shall provide information on where to find copies of the
study or analysis conducted pursuant to subsection (2) of this section. At the public
hearing, all interested parties shall be afforded a reasonable opportunity to express
their views respecting the proposed declaration. After such hearing, the governing
body of the city may make its declaration.
(4) Copies of each study or analysis conducted pursuant to subsection (2) of this
section shall be posted on the city's public web site or made available for public
inspection at a location designated by the city.
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(5) The study or analysis required under subsection (2) of this section may be
conducted in conjunction with the study or analysis required under section 18-2109.
The hearings required under this section may be held in conjunction with the hearings
required under section 18-2109.
Designating an area as Extremely Blighted provides two potential benefits to
redevelopment in the area and any residents in the area along with a benefit to the City.
1.The term of TIF bonds in Extremely Blighted areas is may be extended from 15
years to 20 years. This will provide additional capital to the project making it
more likely to succeed and to be built out in a shorter time frame.
2.Provide an income tax credit of up to $5000 to first time home buyers that
purchase qualifying homes in areas that have been declared Extremely Blight as
their primary residence prior to January 1, 2026. N.R.S.S. 77-2715.07
3.Remove those areas that are declared Extremely Blighted from the 35% cap on
area that can be declared Blighted and Substandard N.R.S.S. 18-2103 (3)
The City of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of September 6, 2022,
24.78% of the City has been declared blighted and substandard. Area 28 would add 78.45
acres to the total of blighted and substandard property and would, if approved, add 0.40%
to the total area declared blighted and substandard bringing the total to 25.19%.
Any area that is declared extremely blighted is not counted against the 35% maximum
area that can be declared blighted and substandard. If all of the areas identified in this
study as qualifying as Extremely Blight are declared as such the possible 25.19% would
be reduced to about 19%.
Areas that Qualify as Extremely Blighted
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It is appropriate for the Council in conducting its review and considering its decision
regarding the substandard and blighted designation to:
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1.review the study,
2.take testimony from interested parties,
3.review the recommendation and findings of fact identified by the Planning
Commission
4.make findings of fact, and
5.include those findings of fact as part of its motion to approve or deny the request
to declare this area blighted and substandard. Council can make any findings they
choose regarding the study and the information presented during the public
hearing to support the decision of the Council members regarding this matter.
Recommendation
Staff recommends considering the following questions as a starting point in the analysis
of this Study and in making a determination. The City Council is ultimately responsible
for answering the question of whether the property included in the study is blighted and
substandard and whether making such a designation is in the best interest of the City.
Recommend Questions for City Council
Does this property meet the statutory requirements to be considered Extremely
Blighted and substandard? (See the prior statutory references.)
Is public intervention appropriate and/or necessary for the redevelopment of the
area?
What is the policy of the City toward increasing development and redevelopment
in this area of the City?
Findings of fact must be based on the study and testimony presented including all written
material and staff reports. The recommendation must be based on the declaration, not
based on any proposed uses of the site. All of the testimony, a copy of the study and this
memo along with any other information presented at the hearing should be entered into
the record of the hearing.
Planning Commission Recommendation
The Regional Planning Commission held a public hearing and took action on the
Extremely Blighted Areas Study during its meeting on October 5, 2022.
O’Neill opened the public hearing for item number 7 and number 8 Extremely
Blighted Study.
Nabity stated the study does show the property can be declared blighted and
substandard. The study area is approximately 78.45 acres of property located
between U.S Highway 281 and Webb Road and 13th Streets including the
Conestoga Mall. Nabity also mentioned the Woodsonia, an Omaha based real
estate company, has the Conestoga Mall property under contract. The project is
Grand Island Council Session - 11/8/2022 Page 122 / 189
based on complying with some components which includes getting declared
blighted and substandard and approved for tax increment financing.
Planning Commission staff recommends approval.
Nabity stated the Extremely Blighted Study is a designation that was put into
place by the Legislature about 4 years ago. For an area to be designated as
extremely blighted and substandard 1- area had to have been declared blighted
and substandard 2) an unemployment rate twice the state’s unemployment rate
based on US Census data and 3) a poverty rate of 20 percent or more
Designating an area as Extremely Blighted provides two potential benefits to
redevelopment in the area and any residents in the area along with a benefit to the
City.
1. The term of TIF bonds in Extremely Blighted areas may extended from 15
years to 20 years.
2.First time home buyers that purchase qualifying homes in areas that have been
declared Extremely Blighted as their primary residence prior to January 1,
2026 will receive an income tax credit of up to $5000.
3.Remove those areas that are declared Extremely Blighted from 35% cap on
area that can be declared Blighted and Substandard
Keith Marvin – Marvin Planning Consultants –
Drew Snyder – 20010 Manderson Street ,Omaha, NE – Mr. Snyder with
Woodsonia Real Estate – went over the project and was available for
questions.
O’Neill closed the public hearing.
A motion was made by Robb and second by Randone to approve the
Substandard and Blight Study for CRA Area No. 28 and Resolution 2023-03
and Extremely Blighted Study and Resolution 2023-04.
The motion was carried with nine members voting in favor ( Allan, Nelson,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Randone) and one member
abstaining (O’Neill) and no members voting no (Hendricksen and Doane were
absent).
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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
Sample Motion
If Council wishes to approve the designation of these areas as extremely blighted a
motion should be made to approve the Extremely Blighted Study finding the information
in the study to be factual and supporting such designation. A resolution authorizing the
approval of this study has been prepared for Council consideration.
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EXTREMELY BLIGHTED DETERMINATION STUDY
CITY OF GRAND ISLAND, NEBRASKA
AUGUST 2022
A study to determine if areas already declared Blighted and
Substandard meet the Legislative requirements to be declared
extremely blighted for purposes of receiving potential funding,
extended TIF periods and tax credits.
Prepared by Marvin Planning Consultants, Inc and Kurt Elder, AICP
AUGUST 2022
Grand Island Council Session - 11/8/2022 Page 125 / 189
BLIGHT and EXTREMELY BLIGHTED AREA STUDY
REF: Statute 18-2101 to 18-2154 and section of the act, aka Community Development Law
REASONS FOR COMPLETING AN EXTREMELY BLIGHTED STUDY
Section 2: (1) For any city that (a) intends to carry out a redevelopment project which will
involve the construction of workforce housing in an extremely blighted area as authorized under
subdivision (28)(g) of section 18-2103, (b) intends to declare an area as an extremely blighted
area for purposes of funding decisions under subdivision (1)(b) of section 58-708, or (c) intends to
declare an area as an extremely blighted area in order for individuals purchasing residences in
such area to qualify for the income tax credit authorized in subsection (7) of section 77-2715.07,
the governing body of such city shall first declare, by resolution adopted after the public
hearings required under this section, such area to be an extremely blighted area.
LEGISLATIVE DIRECTION
Section 2: (2) Prior to making such declaration, the governing body of the city shall conduct or
cause to be conducted a study or an analysis on whether the area is extremely blighted and
shall submit the question of whether such area is extremely blighted to the planning commission
or board of the city for its review and recommendation. (…) The planning commission or board
shall submit its written recommendations to the governing body of the city within thirty days after
the public hearing.
PROCESS
Brief: For an area to be designated as extremely blighted and substandard two finding, through
three facets, need to be meet. These facets are defined in Nebraska statute. (i.e. 18-2103 –
Terms, …) However, for brevity they are simplified into two broad components (a) areas that
have been found blighted and substandard through city council action, and (b) have been
found to be contain extremely blighted components.
This study primarily determines which areas meet the statutory definition of extremely blighted
An approved blighted and substandard area is also extremely blighted if (i) the average rate of
unemployment in the area during the period covered by the most recent federal decennial
census or American Community Survey 5-Year Estimate is at least two hundred percent of the
average rate of unemployment in the state during the same period; and (ii) the average poverty
rate in the area exceeds twenty percent for the total federal census tract or tracts or federal
census block group or block groups in the area
Because Grand Island’s approved blight areas do not conform to defined census geographies.
This study honors the intention of the statute and completes an independent analysis of poverty
and unemployment components. Census areas that are qualified in each study form the basis
for determining extreme blight. To be clear if ‘Geography A’ was qualified in both studies then
any declared blight in ‘Geography A’ could be nominated as extremely blighted.
Lastly, if a census geography or portion of is in the City of Grand Island corporate limits it was
considered in the development of the separate components.
DATA TABLES
Council Approved Blight -
The Community development law requires that an Extremely Blighted and Substandard
area be an approved blighted area. The City of Grand Island keeps a list of approved
blight areas in their offices and online at https://www.grand-
island.com/departments/regional-planning/community-redevelopment-authority-cra/blight-
Grand Island Council Session - 11/8/2022 Page 126 / 189
study-areas. Also, attached is ‘Proposed Blight Area’ and ‘Proposed Extreme Blight Area’ which
details a blighted area. Both blight and extreme blight can share common public hearings.
Extremely Blighted Components -
Part (i) is a state comparison. The 2020 Nebraska Unemployment rate according to the US
Census American Community Survey (five-year average) was 3.37%. Therefore, the average rate
of our selected area would require an unemployment rate of at least 6.74%
Marvin Planning Consultants, Inc. and Kurt Elder (The Team) developed an area with an average
unemployment greater than of 7.52%. An area average is determined by using the sum of
estimated factors and NOT the average of each piece. Attached is ’Unemployment Area’,
which details our proposed unemployment area.
Part (ii) is a local area finding. Grand Island’s 2020 poverty rate was 11.83% but in line with state
statute, we developed an area with greater than 20% poverty. An area average is determined
by using the sum of estimated factors and NOT the average of each piece. Attached is ‘Poverty
Review’, which details our proposed poverty area.
All data was 2020 US Census American Community 5-year Survey data. We choose to utilize only
block-group level information from the census to minimize independent margins of error.
Furthermore, our data methodology and averaging process/interpetation received support from
UNO’s David Drozd Research Coordinator at the UNO Center for Public Affairs and notified Sen.
Justin Wayne (i.e., Nebraska Legislature, Chair of the Urban Affairs Committee) office to confirm
his support. His legislative assistant relayed support.
ANALYSIS
The Team overlaid these three facets/area reviews (i.e., approved blight, 20%+ poverty,
200%+ of the Nebraska’s unemployment rate, and delineated areas where the three
intersected. This proposed extremely blighted area is attached as ‘Proposed Extreme Blight
Area’.
Study completed, compiled, and submitted by The Team
ATTACHMENTS
‘Existing Blight Area’
‘Proposed Blight Area’
‘Proposed Blight Area - Detail’
‘Employment Review’
‘Poverty Review’
‘Proposed Extreme Blight Area’
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City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-1
Approving Minutes of October 25, 2022 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 25, 2022
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 October 25, 2022. Notice of the meeting was given in The Grand Island Independent
on October 19, 2022.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Justin Scott, Michelle Fitzke, Mark Stelk, Jason Conley, Vaughn Minton,
Bethany Guzinski, Maggie Mendoza, Mitch Nickerson, and Chuck Haase. Councilmember Mike
Paulick was absent. The following City Officials were present: City Administrator Jerry
Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Laura
McAloon and Interim Public Works Director Keith Kurz.
INVOCATION was given by Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street
followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARINGS:
Public Hearing on Comprehensive Plan Amendment for Changes to the Future Land Use Map
for Property Located between Capital Avenue and Airport Road and Broadwell Avenue and
Webb Road in Grand Island, Nebraska. Regional Planning Director Chad Nabity reported that
staff was recommending amendments to the future land use map for the City of Grand Island for
the area around the former veterans’ home. The proposed changes were consistent with the
Veteran’s Legacy Plan. The Veteran’s Legacy Plan envisions a variety of recreational uses along
with commercial, office and residential development across the site. These changes will facilitate
the redevelopment of this property. Staff recommended approval. No public testimony was
heard.
Public Hearing on Redevelopment Plan for CRA No. 16 for Property Located at 2206 and 2300
Capital Avenue (Veteran's Home), Grand Island, Nebraska for Residential Purposes (Liberty
Campus, GI LLC). Regional Planning Director Chad Nabity reported that Liberty Campus GI,
LLC was proposing to redevelop a portion of the former veteran’s home property. The plan deals
specifically with the Pershing and Anderson Buildings at the southwest corner of the property
north of Capital Avenue and east of Custer Street. The proposed plan would redevelop these
buildings into 48 one and two bedroom apartments. The units would be available to low income
individuals with a preference for veterans, gold star families and veteran spouses. Staff
recommended approval. Arun Agalwal, CEO for White Lotus Group and Alex Bollington, 3601
Jones Street, Omaha, Nebraska spoke in support. No further public testimony was heard.
Public Hearing on Redevelopment Plan for CRA No. 34 for Property Located North of Faidley
Avenue and East of Claude Road, Grand Island, Nebraska for Commercial Purposes (KER
Enterprises, LLC). Regional Planning Director Chad Nabity reported that KER Enterprises, LLC
was proposing to develop property north of Faidley Avenue and east of Claude Road for
commercial purposes including a family entertainment center with miniature golf, laser tag, axe
Grand Island Council Session - 11/8/2022 Page 137 / 189
Page 2, City Council Regular Meeting, October 25, 2022
throwing, duck pin bowling, and an arcade along with food and drink. Staff recommended
approval. Zach Butz, 308 N. Locust Street, Suite 501; Bruce Schriner, 2535 No. Carlton Avenue;
and Brad Kissler, 605 Sandalwood Drive spoke in support. No further public testimony was
heard.
Public Hearing on Request from Coranco Great Plains, Inc. on behalf of LPB, LLC for a
Conditional Use Permit for continued Operation of a Soil and Groundwater Remedial System
located at 704 West 3rd Street. Building Department Director Craig Lewis reported that Coranco
Great Plains, Inc. on behalf of LPB, LLC submitted an application for a Conditional Use Permit
to allow for the extended placement of a soil vapor extraction trailer to facilitate the removal of
free phase petroleum from soil and groundwater at 724 West 3rd. Street. Staff recommended
approval. No public testimony was heard.
RESOLUTION:
#2022-314 - Consideration of Approving the Labor Agreement between the City of Grand Island
and the Nebraska Public Employees, Local 251 of the American Federation of State, County and
Municipal Employees, AFL-CIO. Human Resources Director Aaron Schmid reported that a
combination of twelve job classifications in the Parks and Recreations Department, Library and
Public Works Department were included under the conditions outlined in the labor agreement
between the City of Grand Island (City) and the Nebraska Public Employees, Local 251 of the
American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME.) The
current labor agreement expired as of midnight September 30, 2022. The City and AFSCME met
to negotiate the terms of a new agreement. The negotiations were handled in good faith with both
parties focused on a fair contract. Staff recommended approval.
Motion by Nickerson, second by Haase to approve Resolution #2022-314. Upon roll call vote, all
voted aye. Motion adopted.
ORDINANCES:
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9902 - Consideration of Approving Zoning Change to Property located at 3600 Husker
Highway from R2 Low Density Residential to CD Commercial Development (Innate
Development 2, LLC) (Second & Final Reading)
#9903 - Consideration of Approving Salary Ordinance
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9902 - Consideration of Approving Zoning Change to Property located at 3600 Husker
Highway from R2 Low Density Residential to CD Commercial Development (Innate
Development 2, LLC) (Second & Final Reading)
Grand Island Council Session - 11/8/2022 Page 138 / 189
Page 3, City Council Regular Meeting, October 25, 2022
Regional Planning Director Chad Nabity reported that Innate Development 2, LLC the owners of
200 acres located north of Husker Highway and west of Prairieview Street were requesting that
the zoning on property be changed on a portion of this property from R2 Low Density
Residential to RD Residential Development Zone and Commercial Development Zone. The
proposal was to build 150 units of three story apartments in 10 unit buildings along with 4
carriage house apartments on the Residential Development portion of this property. Staff
recommended approval.
Motion by Guzinski, second by Minton to approve Ordinance #9902 on second and final reading.
Upon roll call vote, all voted aye. Motion adopted.
#9903 - Consideration of Approving Salary Ordinance
Human Resources Director Aaron Schmid reported that the proposed salary ordinance
recognized the changes to the collective bargaining agreement between the City of Grand Island
and the Nebraska Public Employees, Local 251 of the American Federation of State, County and
Municipal Employees, AFL-CIO effective October 23, 2022. This ordinance would also create
an Evidence Technician PT classification to allow for hiring the 0.5 of the 1.5 FTE request.
Wages would mirror the wages of the Evidence Technician FT classification. Staff
recommended approval.
Motion by Haase, second by Fitzke to approve Ordinance #9903.
City Clerk: Ordinance #9903on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9903on second and final reading. All those in favor of this passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9903is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-6, G-9, and G-11 (Resolutions #2022-294,
#2022-297, and #2022-299) were pulled for further discussion. Motion by Stelk, second by
Conley to approve the Consent Agenda excluding items G-6, G-9 and G-11. Upon roll call vote,
all voted aye. Motion adopted.
Approving Minutes of October 11, 2022 27, 2022 City Council Regular Meeting.
Approving Minutes of October 18, 2022 City Council Study Session.
Approving Request from Morwenna Limper, 621 S. Denver Avenue, Hastings, Nebraska for a
Liquor Manager Designation with Riverside Golf Club, 2720 Riverside Drive.
Grand Island Council Session - 11/8/2022 Page 139 / 189
Page 4, City Council Regular Meeting, October 25, 2022
Approving Request from Hall County Livestock Improvement Association dba Fonner Park, 700
E. Stolley Park Road for a Deletion of a Portion of Class "CK-78819" Liquor License.
#2022-278 - Approving Final Plat and Subdivision Agreement for Legacy 34 Second
Subdivision. It was noted that Innate Development 2, LLC, owners, had submitted the Final Plat
and Subdivision Agreement for Legacy 34 Second Subdivision located north of Husker Highway
and west of Prairieview Street for the purpose of creating 23 lots and 10 Outlots on 20.109 acres.
#2022-294 - Approving Final Plat and Subdivision Agreement for Northwest Gateway Second
Subdivision. It was noted that Famos Construction, Inc., owner had submitted the Final Plat and
Subdivision Agreement for Northwest Gateway Second Subdivision located at the north end of
Colorado Avenue for the purpose of creation 4 lots on 2.290 acres.
Amos Anson, 4243 Arizona Avenue answered questions concerning the lot sizes, drainage and
types of home to be built.
Motion by Nickerson, second by Haase to approve Resolution #2022-294. Upon roll call vote, all
voted aye. Motion adopted.
#2022-295 - Approving Final Plat and Subdivision Agreement for Woodland Park 19th
Subdivision. It was noted that McKayla Nelson, owner, had submitted the Final Plat and
Subdivision Agreement for Woodland Park 19th Subdivision located east of Independence
Avenue and south of Pennsylvania Avenue for the purpose of creating 2 lots on 6.979 acres.
#2022-296 - Approving City Council Meeting Schedule for 2023.
#2022-297 - Approving Extension of Option to Lease Agreement - Grand Island Children's
Museum. City Administrator Jerry Janulewicz reported that the Grand Island Children’s Museum
had been unable to raise donations and pledges in the amount of $7,000,000 and were requesting
a one year extension of the option to lease.
Audrey Rowley, 1913 W. Louise Street representing the Grand Island Children’s Museum spoke
in support and stated they were still raising funds.
Motion by Nickerson, second by Guzinski to approve Resolution #2022-297. Upon roll call vote,
all voted aye. Motion adopted.
#2022-298 - Approving Change Order #1 for Water System Uranium Removal System with
Water Remediation Technology for an Increase of $39,350.00 and a Revised Contract Amount
of $242,820.00.
#2022-299 - Approving Bid Award - Rogers Pumping Station Controls Upgrade with HOA
Solutions, Inc. of Lincoln, Nebraska in an Amount of $66,600.00. Utilities Director Tim
Luchsinger reported that specifications for the Rogers Pumping Station Controls Upgrade were
advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly
opened on September 13, 2022. The engineer’s estimate for this project was $175,000.00. Mr.
Luchsinger answered questions regarding the estimate and the bid price which came in well
below the estimate.
Grand Island Council Session - 11/8/2022 Page 140 / 189
Page 5, City Council Regular Meeting, October 25, 2022
Motion by Nickerson, second by Guzinski to approve Resolution #2022-299. Upon roll call vote,
all voted aye. Motion adopted.
#2022-300 - Approving Lease Agreement with Union Pacific Railroad for Utility Property at
1209 W. North Front Street in an Amount of $3,000.00.
#2022-301 - Approving Bid Award - Tree Removal Contract 2023-TR-1 with Leetch Tree
Service of Grand Island, Nebraska for various amounts.
#2022-302 - Approving Annual Payment for Utility Billing Software Support with N. Harris
Computer Corporation dba Advanced Utility Systems in an Amount of $95,113.45.
#2022-303 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2022-
2023 with AMP Works, LLC of Grand Island, Nebraska for various amounts.
#2022-304 - Approving Supplemental Agreement No. 1 with NDOT- Local Assistance Division
for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2023 Fiscal
Year TRANSIT, Section 5305, Transportation Planning Program.
#2022-305 - Approving Amendment No. 1 to the Public Transit Vehicle Provider with Davey
Coach Sales, Inc. of Sedalia, Colorado for a Revised Contract Amount from $74,985.00 to
$84,663.00.
#2022-306 - Approving Change Order No. 2 for Final Clarifier No. 1 Renovation; Project No.
2021-WWTP-3 with Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri for an Increase
of $13,310.00 and a Revised Contract Amount of $205,310.00 and Final Completion from
September 30, 2022 to November 15, 2022.
#2022-307 - Resolution Directing Property Owner to Repair Sidewalk at 1715 Bass Road, 1320
N Broadwell Avenue and 239 S Plum Street.
#2022-308 - Approving Agreement with Nebraska Department of Transportation (NDOT) for
Grand Island & South (SB); Project No. NH-34-4(134); Control No. 42819.
#2022-309 - Approving Application for State of Nebraska Ambulance Grant.
#2022-310 – Approving Bid Award for Surface Prep and Painting of Lincoln Park Swimming
Pool with Mongan Painting, LLC of Cherokee, Iowa in an Amount of $40,310.00.
REQUESTS AND REFERRALS:
Consideration of Approving the Request from Coranco Great Plains, Inc. on behalf of LPB, LLC
for a Conditional Use Permit for continued Operation of a Soil and Groundwater Remedial
System located at 704 West 3rd Street. This item was related to the aforementioned Public
Hearing.
Grand Island Council Session - 11/8/2022 Page 141 / 189
Page 6, City Council Regular Meeting, October 25, 2022
Motion by Guzinski, second by Haase to approve. Upon roll call vote, all voted aye. Motion
adopted.
RESOLUTIONS:
#2022-311 - Consideration of Approving the Comprehensive Plan Amendment for Changes to
the Future Land Use Map for Property Located between Capital Avenue and Airport Road and
Broadwell Avenue and Webb Road in Grand Island, Nebraska. This item was related to the
aforementioned Public Hearing.
Motion by Haase, second by Minton to approve Resolution #2022-311. Upon roll call vote, all
voted aye. Motion adopted.
#2022-312 - Consideration of Approving the Redevelopment Plan for CRA No. 16 for Property
Located at 2206 Capital Avenue (Veteran's Home), Grand Island, Nebraska for Residential
Purposes (Liberty Campus, GI LLC). This item was related to the aforementioned Public
Hearing.
Motion by Haase, second by Stelk to approve Resolution #2022-312. Upon roll call vote, all
voted aye. Motion adopted.
#2022-313 - Consideration of Approving the Redevelopment Plan for CRA No. 34 for Property
Located North of Faidley Avenue and East of Claude Road, Grand Island, Nebraska for
Commercial Purposes (KER Enterprises, LLC). This item was related to the aforementioned
Public Hearing. Brad Kissler, 605 Sandalwood Drive commented on the project and what it all
entailed. Mr. Nabity answered questions regarding the TIF application for this project.
Motion by Nickerson, second by Minton to approve Resolution #2022-313. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Guzinski to approve the payment of claims for the period of
October 12, 2022 through October 25, 2022 for a total amount of $8,584,104.34. Upon roll call
vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:07 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 11/8/2022 Page 142 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-2
Approving Appointment of Dana Jelinek to the Railside Business
Improvement District
Mayor Steele has submitted the appointment of Dana Jelinek to the Railside Business Improvement
District board to replace Jay Vavricek. This appointment would become effective immediately upon
approval by the City Council.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 11/8/2022 Page 143 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-3
#2022-315 - Approving Contract for Engineering Services
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/8/2022 Page 144 / 189
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:November 8, 2022
Subject:Approving Contract for Engineering Services
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Utilities Department retains the services of a consulting engineer to perform required
reoccurring engineering tasks. The current engineering services contract expires on
December 31, 2022. A Request for Proposals to perform the following tasks over the next
five (5) years were developed by Department management staff.
1)Every three (3) years, as good practice, the Utilities Department performs Electric
& Water Cost of Service Studies to analyze its revenue stream as well as its
internal processes to verify future sustainability. The current scope of work will
include the following:
2023 Water Cost of Service Study
2026 Water Cost of Service Study
2024 Electric Cost of Service Study
2027 Electric Cost of Service Study
2)The Utilities Department has a Power Purchase Agreement with the Western Area
Power Administration (WAPA). As part of this agreement, the Utilities
Department is required to provide WAPA with an Integrated Resource Plan every
five (5) years. The current scope of work will include the following:
2027 Integrated Resource Plan
3)Every four (4) years, the Public Works Department performs a Sewer Cost of
Service Study to analyze its revenue stream as well as its internal processes to
verify future sustainability. The current scope of work will entail the following:
2023 Wastewater Cost of Service Study
2027 Wastewater Cost of Service Study
Grand Island Council Session - 11/8/2022 Page 145 / 189
Discussion
The Request for Proposal was advertised on Tuesday, September 20, 2022, and three (3)
proposals were received on Tuesday, October 18, 2022, from the following Consultants:
JK Energy Consulting – Smithfield, NE
Nebraska Municipal Power Pool – Lincoln, NE
GDS Associates – Marietta, GA
Using a matrix of the Utility Department’s established evaluation criteria, which included
Proposal Responsiveness, Company Experience, Personnel Experience, Commercial
Terms, and Engineering Fees, the proposals were reviewed by both Utility and Public
Works Department personnel. A tabulation of the evaluation factors favored the proposal
of JK Energy Consulting. Total fees to be paid to JK Energy Consulting to perform these
tasks over the five-year term of the contract are approximately $119,500.00, which are
also the lowest fees of the proposals submitted.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the Contract for Engineering
Services to JK Energy Consulting of Lincoln, Nebraska.
Sample Motion
Move to approve the resolution authorizing the Mayor to execute a contract with JK
Energy Consulting of Lincoln, Nebraska for Engineering Services for the Utilities
Department in the amount of $119,500.00.
Grand Island Council Session - 11/8/2022 Page 146 / 189
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ENGINEERING SERVICES
RFP DUE DATE:October 18, 2022 at 4:00 p.m.
DEPARTMENT:Utilities
PUBLICATION DATE:September 26, 2022
NO. POTENTIAL BIDDERS:6
PROPOSALS RECEIVED
JK Energy Consulting, LLC GDS Associates, Inc.
Smithfield, NE Marietta, GA
Nebraska Municipal Power Pool
Lincoln, NE
cc:Tim Luchsinger, Utilities Director Ryan Schmitz, Assist. Utility Director
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2403
Grand Island Council Session - 11/8/2022 Page 147 / 189
ENGINEERING SERVICES - CONTRACT AGREEMENT
THIS AGREEMENT made and entered into by and between JK ENERGY CONSULTING, LLC,
hereinafter called the Contractor, 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 proposals to be published for ENGINEERING
SERVICES and
WHEREAS, the City, in the manner prescribed by law, has evaluated the proposals submitted,
and has determined the aforesaid Contractor to be the responsible proposer, and has duly
awarded to the said Contractor a contract therefore, for the sum or sums named in the
Contractor’s proposal, portions thereof being attached to and made a part of this contract.
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of
the mutual agreements herein contained, the parties have agreed and hereby agree, the City for
itself and its successors, and the Contractor for itself, him/herself, or themselves, and its, his, or
their successors, as follows:
ARTICLE I. That the following documents shall comprise the Contract, and shall together be
referred to as the “Agreement” or the “Contract Documents”;
1. This Contract Agreement.
2. JK Energy Consulting Proposal dated October 18, 2022.
3. City of Grand Island Request for Proposals.
In the event of any conflict between the terms of the Contract Documents, the provisions of the
document first listed shall prevail.
ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence,
transportation, and other construction materials, services and facilities; (b) provide and perform
all necessary labor; and (c) 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, said documents forming the contract and being as
fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all
Grand Island Council Session - 11/8/2022 Page 148 / 189
work included in and covered by the City’s official award of this contract to the said Contractor,
such award being based on the acceptance by the City of the Contractor’s proposal;
ARTICLE III. That the City shall pay to the Contractor for the performance of the work
embraced in this contract and the Contractor will accept as full compensation therefore the sum
(subject to adjustment as provided by the contract) of One Hundred Nineteen Thousand Five
Hundred and no/100 Dollars ($119,500.00) for all services and work covered by and included
in the contract award and designated in the foregoing Article II; payments thereof to be made in
cash or its equivalent in the manner provided in the General Specifications.
The total cost of the Contract includes:
Base Bid: $ 119,500.00
Sales Tax on Materials/Equipment: $ .00
Sales Tax on Labor: $ .00
Total $ 119,500.00
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 IV. The Contractor hereby agrees to act as agent for the City. The invoice for
contractor’s services will be paid after approval at the next regularly scheduled City Council
meeting and occurring after departmental approval of invoice. The City Council typically meets
the second and fourth Tuesday of each month. Invoices must be received well in advance of
Council date to allow evaluation and processing time.
ARTICLE V. The Contractor 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 Contractor
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 Contractor and all subcontractors 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 Contractor agrees to comply with all applicable Local, State and Federal
rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will
provide a copy of the policy to the City upon request. Every public contractor and his, her or its
subcontractors who are awarded a contract 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.
Grand Island Council Session - 11/8/2022 Page 149 / 189
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 therefor. It shall be unethical for any payment,
gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract
to the prime contractor or higher tier subcontractor or any person associated therewith, as an
inducement for the award of a subcontract or order.
JK ENERGY CONSULTING LLC
By_________________________________________ Date ____________________
Title___________________________________
CITY OF GRAND ISLAND, NEBRASKA
By__________________________________________ Date ____________________
Mayor
Attest:_____________________________________________
City Clerk
The contract is in due form according to law and hereby approved.
____________________________________________ Date ____________________
Attorney for the City
October 25, 2022
President / Sole Owner
Grand Island Council Session - 11/8/2022 Page 150 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-315
WHEREAS, the City of Grand Island invited proposals for Engineering Services,
according to plans and specifications on file with the Utilities and Public Works Departments;
and
WHEREAS, on October 18, 2022 proposals were received, opened and reviewed;
and
WHEREAS, JK Energy Consulting of Smithfield, Nebraska, submitted a proposal
in accordance with the terms of the advertisement and plans and specifications and all other
statutory requirements contained therein, such proposal being in the amount of $119,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that proposal from JK Energy Consulting
for Engineering Services for the Utilities Department is hereby approved and the Mayor is
hereby authorized to sign the Contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 8,2022.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 151 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-4
#2022-316 - Approving Tree Trimming Project 2023-TT-1
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/8/2022 Page 152 / 189
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:November 8, 2022
Subject:Tree Trimming Contract 2023-TT-1
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Specifications for Contract 2023-TT-1 were prepared for trimming trees from around powerlines
throughout the Utility Department’s Electrical Service Area. The work by private firms helps
maintain the proper clearances for safe operation of the Department’s electrical transmission and
distribution lines.
Discussion
The Utilities Department selected eight (8) areas for inclusion in this year’s project. The attached
drawing shows the sections for tree trimming by outside contractors for this fiscal year.
The contract documents for the work were publicly advertised, and notification sent to ten (10)
potential firms. The project’s specifications provide that the City may select any or all sections to
be awarded under this Contract. The project’s estimate was $225,000.
One bid was received and publicly opened on October 25, 2022. The bid from Leetch Tree
Service, of Grand Island, NE has been reviewed and evaluated. It is without exceptions and in
compliance with the specifications. Their total bid for all eight (8) sections was $183,760.00.
It is recommended that all eight (8) sections (13, 17, 18, 21, 22, 23, 25 and 43) be awarded for a
total contract amount of $183,760.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
Grand Island Council Session - 11/8/2022 Page 153 / 189
3.Postpone the issue to a future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the Tree Trimming Contract 2023-TT-1
to the low responsive bidder, Leetch Tree Service, LLC, of Grand Island, NE in the amount of
$183,760.00.
Sample Motion
Move to approve the resolution authorizing the Mayor to execute a contract with Leetch Tree
Service, LLC of Grand Island, Nebraska for Tree Trimming Contract 2023-TT-1 in the amount
of $183,760.00.
Grand Island Council Session - 11/8/2022 Page 154 / 189
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:October 25, 2022 at 2:00 p.m.
FOR:Tree Trimming Contract 2023-TT-1
DEPARTMENT:Utilities
ESTIMATE:225,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:September 26, 2022
NO. POTENTIAL BIDDERS:10
SUMMARY
Bidder:Leetch Tree Services, Inc.
Grand Island, NE
Bid Security:Western Surety Company
Exceptions:None
Bid Price:
Section 13:$ 6,950.00
Section 17:$31,775.00
Section 18:$23,460.00
Section 21:$24,125.00
Section 22:$45,275.00
Section 23:$ 7,750.00
Section 25:$38,175.00
Section 43:$ 6,250.00
Total:$183,760.00
cc:Tim Luchsinger, Utilities Director Christy Lesher, Utilities Secretary
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Jamie Royer, Senior Civil Engineer
Bryan Fiala, Electric Distribution Supt.
P2404
Grand Island Council Session - 11/8/2022 Page 155 / 189
Grand IslandCouncil Session - 11/8/2022Page 156 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-316
WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming
Contract 2023-TT-1, according to plans and specifications on file with the Utilities Department;
and
WHEREAS, on October 25, 2022, one bid was received, opened and reviewed;
and
WHEREAS, Leetch Tree Service, LLC, of Grand Island, Nebraska, 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 $183,760.00; and
WHEREAS, the bids of Leetch Tree Service, LLC, is less than the estimate for
Tree Trimming Contract 2023-TT-1.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Leetch Tree Service, LLC,
in the amount of $183,760.00, is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2022.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 157 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-5
#2022-317 - Approving Lease Renewal for Dedicated Parking Stalls
in the Public Parking Lot at 3rd Street and Pine Street- ProCon
Management, Inc.
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 11/8/2022 Page 158 / 189
Council Agenda Memo
From:Keith Kurz PE, Interim Public Works Director
Meeting:November 8, 2022
Subject:Approving Lease Renewal for Dedicated Parking Stalls
in the Public Parking Lot at 3rd Street and Pine Street-
ProCon Management, Inc.
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
ProCon Management, Inc., owner of 208 North Pine Street, has leased thirteen (13)
parking stalls in the public parking lot at the southeast corner of the 3rd Street and Pine
Street intersection dating back to 2004.
Discussion
The parking lease agreement between the City and ProCon Management, Inc. has
expired, with both parties desiring to renew such. The updated fee is set at $300.00 per
year, per stall; for a total of $3,900.00 annually. It should be noted there are current
parking lease agreements in place at the following locations.
Northern portion of 3rd Street and Pine Street parking lot- Pinnacle Bank
Oak Street and South Front Street (southeast) parking lot- American Red Cross
South Front Street (east of YMCA) parking lot- YMCA
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 resolution authorizing the
parking lease agreement at 3rd Street and Pine Street public parking lot for ProCon
Management, Inc., according to Exhibit “A”.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/8/2022 Page 159 / 189
Grand Island Council Session - 11/8/2022 Page 160 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-317
WHEREAS, the City Council, by authority of 22-77 of the Grand Island City
Code, may be resolution, entirely prohibit, or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or potion thereof; and
WHEREAS, ProCon Management, Inc. requests to dedicate twelve (12) parking
stalls in the public parking lot at 3rd Street and Pine Street, according to attached Exhibit “A”;
and
WHEREAS, an agreement for such dedicated parking stalls has been reviewed
and approved by the City Legal Department; and
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 Parking Lease Agreement with ProCon Management, Inc.
for their location at 208 North Pine Street, according to the attached Exhibit “A”.
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 8, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 161 / 189
L E A S E
This lease agreement is made on October _____, 2022 by and between the CITY OF
GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereafter referred to as “City” and
PROCON MANAGEMENT, INC., a Corporation, hereinafter referred to as “Procon”.
1. STATEMENT OF PURPOSE. The purpose of this agreement is to set forth the
terms and conditions under which Procon will lease from the City thirteen (13) parking spaces
northeast of their property addressed as 208 N Pine Street, the location of which is shown on
Exhibit “A”, attached hereto and made a part hereof by reference.
2. TERM OF LEASE. This lease shall run for a term of two (2) years commencing
on October 1, 2023. This lease shall be automatically renewable for up to two (2) additional two
(2) year terms unless Procon notifies the City in writing prior to the end of the then current term
of its intention not to renew this lease for an additional term.
3. CONSIDERATION. In consideration of this lease Procon agrees to pay to the
City as rentals for the thirteen (13) parking spaces Three Thousand Nine Hundred Dollars
($3,900.00) per year or Three Hundred Dollars ($300.00) per stall per year. This rental shall be
due and payable to the city of Grand Island in annual installments on or before January 1 of the
current year. Any partial year rental will be pro-rated.
4. SIGNS AND MARKINGS. The City will supply and install sign posts. Procon
shall supply the signs and name placard (maximum size of 12” x 18”) indicating that the
aforementioned parking spaces are leased for private parking, and shall be responsible for any
damage, theft, etc. of such signs. The signs will indicate that the aforementioned parking spaces
are for use by the Nebraska Department of Health and Human Services parking and that violators
will be towed at owner’s expense.
5. ENFORCEMENT. Procon shall be responsible for enforcing that parking is
only for use specified in Section 4. Procon shall be responsible for calling tow companies for
parking violations. Procon shall not call Grand Island Police Department for enforcement.
Grand Island Council Session - 11/8/2022 Page 162 / 189
2 | Page Procon Management, Inc. Parking Lease- 2022
6. NOTICES. All notices in connection with this lease shall be sent to the
following addresses by first class mail, postage prepaid:
City of Grand Island Public Works Administration P.O. Box 1968
Grand Island, NE 68802
Procon Management, Inc. 1319 W North Front Street Grand Island, NE 68801
7. CHOICE OF LAWS. This agreement shall be construed in accordance with the
laws of the State of Nebraska.
8. ENTIRE AGREEMENT. This lease constitutes the entire agreement between
the parties hereto, notwithstanding any other written or oral agreements to the contrary. This
lease may be amended only in writing, duly approved and executed by both parties.
PROCON MANAGEMENT, INC. a Nebraska Corporation
By____________________________________ Date ____________________ Title___________________________________
STATE OF NEBRASKA ) ) ss: COUNTY OF HALL )
The foregoing document was executed before me on _____________________ _____,
2022 by ______________________________________, __________________________ of
PROCON MANAGEMENT, INC., on behalf of said corporation.
__________________________________________ Notary Public
Grand Island Council Session - 11/8/2022 Page 163 / 189
3 | Page Procon Management, Inc. Parking Lease- 2022
CITY OF GRAND ISLAND, NEBRASKA
By_____________________________________ Date ____________________ Roger Steele, Mayor
Attest:__________________________________
City Clerk The contract is in due form according to law and hereby approved.
_______________________________________ Date ____________________ Attorney for the City
Grand Island Council Session - 11/8/2022 Page 164 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-6
#2022-318 - Approving Engineering Consulting Agreement for
Street/Fleet Service Facility Improvement Study
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 11/8/2022 Page 165 / 189
Council Agenda Memo
From:Keith Kurz PE, Interim Public Works Director
Meeting:November 8, 2022
Subject:Approving Engineering Consulting Agreement for
Street/Fleet Service Facility Improvement Study
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
On July 22, 2022 the Engineering Division of the Public Works Department advertised
for Engineering Consulting Services for Street/Fleet Service Facility Improvement Study,
with twenty-two (22) potential respondents.
The current Street/Fleet Division location is a shared campus at 1111 W North Front
Street, 346 N Lincoln Avenue, and 353 N Lincoln Avenue. Part of the campus is owned
by the City of Grand Island and part is leased from the Union Pacific Railroad.
The Street Division use of the property includes office space, equipment storage, small
laydown yard, street sweeping collection, and equipment water filling and washout. The
Fleet Service Division hosts both the shop garage and fueling station with in the North
Front property. The 6,000 square foot shop houses office space, parts room, tire storage,
seven (7) equipment bays with several hoists to accommodate a range of equipment from
cars to heavy duty trucks. There is also a truck service pit and a welding/fabrication area
located in the shop garage. The fueling station is comprised of three (3) underground
tanks and four (4) fuel pumps, which are used by all City departments including Fire,
Police, Utilities, and Public Works.
Discussion
Four (4) engineering firms submitted qualifications for the engineering consulting
services for the Street/Fleet Service Facility Improvement Study. Davis Design, Inc. of
Lincoln, Nebraska was selected as the top engineering firm based on the pre-approved
selection criteria.
Firm experience and qualifications on similar work (50%)
Proposed project schedule / approach (40%)
Past experience working with the City of Grand Island Public Works Department
(10%)
Grand Island Council Session - 11/8/2022 Page 166 / 189
Compensation for Davis Design, Inc. services will be provided on a time and expense
basis not to exceed $149,130.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the agreement with Davis
Design, Inc. of Lincoln, Nebraska, in the amount of $149,130.00.
Sample Motion
Move to approve the resolution authorizing the Mayor to execute an agreement with
Davis Design, Inc. of Lincoln, Nebraska for Engineering Consulting Services for
Street/Fleet Service Facility Improvement Study in an amount of $149,130.00.
Grand Island Council Session - 11/8/2022 Page 167 / 189
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR QUALIFICATIONS
FOR
ENGINEERING SERVICES FOR STREET/FLEET SERVICE FACILITY
RFP DUE DATE:August 18, 2022 at 4:00 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:July 22, 2022
NO. POTENTIAL BIDDERS:22
PROPOSALS RECEIVED
Davis Design Clark & Enersen
Lincoln, NE Lincoln, NE
JEO Consulting Group AO
Grand Island, NE Omaha, NE
cc:Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Assist.
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2389
Grand Island Council Session - 11/8/2022 Page 168 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-318
WHEREAS, on July 22, 2022 the Engineering Division of the Public Works
Department advertised for Engineering Consulting Services for Street/Fleet Service Facility
Improvement Study; and
WHEREAS, on August 18, 2022 proposals were received, reviewed, and
evaluated in accordance with established criteria; and
WHEREAS, based on the pre-approved selection criteria Davis Design, Inc. of
Lincoln, Nebraska was selected as the top engineering firm; and
WHEREAS, the City of Grand Island and Davis Design, Inc. wish to enter into an
agreement to provide engineering consulting services for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement between the City of
Grand Island and Davis Design, Inc. of Lincoln, Nebraska for engineering consulting services
related to Street/Fleet Service Facility Improvement Study, in the amount of $149,130.00, 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 8, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 169 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-7
#2022-319 - Year-End Certification of City Street Superintendent
for Determining Incentive Payment for Calendar Year 2022
Staff Contact: Keith Kurz PE, Interim Public Works Director
Grand Island Council Session - 11/8/2022 Page 170 / 189
Council Agenda Memo
From:Keith Kurz PE, Interim Public Works Director
Meeting:November 8, 2022
Subject:Year-End Certification of City Street Superintendent for
Determining Incentive Payment for Calendar Year 2022
Presenter(s):Keith Kurz PE, Interim Public Works Director
Background
The Nebraska Department of Transportation offers an incentive payment to each
municipality that employs a licensed Street Superintendent. The incentive payment is
based on the level of licensure of such employee and the population of the municipality,
as set by Nebraska State Statue 39-2515. Grand Island would receive $4,000 for a Class
B License and $8,000 for a Class A License.
Furthermore, State of Nebraska Statutes, sections 39-2302 and 39-2511 thru 39-2515
require a Municipality to certify having a licensed Street Superintendent in its employ
during the calendar year preceding the year in which payment is made.
Discussion
Shannon Rose Callahan, City of Grand Island Street Superintendent, held a Class A
Street Superintendent License (No. S-1485) and was employed with the City of Grand
Island during the 2022 calendar year; therefore the City will receive the 2022 annual
incentive payment of $8,000 from the Nebraska Department of Transportation in
February or March of 2023. Ms. Callahan has been employed with the City since August
2011.
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 - 11/8/2022 Page 171 / 189
Recommendation
City Administration recommends that the Council approve the signing of the Year-End
Certification of City Street Superintendent for determining incentive payment for the
2022 calendar year.
Sample Motion
Move to approve the resolution for signing the Year-End Certification of City Street
Superintendent for determining incentive payment for the 2022 calendar year.
Grand Island Council Session - 11/8/2022 Page 172 / 189
Do not recreate or revise this document. Revisions and recreations will not be accepted. Failure to complete and return the necessary documents per instructions will result in your municipality not receiving an Incentive Payment for
Calendar Year 2022. Documents include the original Signing Resolution, Year-End Certificaiion{s}, and a copy of
documentation of the appointment(s) of the City Street Superintendent(s). These must be received at the NDOT by December 31, 2022.
RESOLUTION
SIGNING OF THE YEAR-END CERTIFICATION OF CITY STREET SUPERINTENDENT
2022 Resolution No. 2022-319State of Nebraska Statutes, sections 39-2302, and 39-2511 through 39-2515 details the requirements Whereas: that must be met in order for a municipality to qualify for an annual Incentive Payment; and
The State of Nebraska Department of Transportation (NDOT) requires that each incorporated Whereas: municipality must annually certify (by December 31st of each year) the appointment(s) of the City Street Superintendent(s) to the NDOT using the Year-End Certification of City Street Superintendent form; and
The NDOT requires that each certification shall also include a copy of the documentation of the city Whereas: street superintendent's appointment, i.e., meeting minutes; showing the appointment of the City Street Superintendent by their name as it appears on their License (if applicable), their License Number (if applicable), and Class of License (if applicable), and type of appointment, i.e., employed, contract (consultant, or interlocal agreement with another incorporated municipality and/or county), and the beginning date of the appointment; and
The NDOT also requires that such Year-End Certification of City Street Superintendent form shall be Whereas: signed by the Mayor or Village Board Chairperson and shall include a copy a resolution of the governing body authorizing the signing of the Year-End Certification of City Street Superintendent form by the Mayor or Village Board Chairperson.
Be it resolved that the Mayor d Village Board Chairperson □ of litY at t1ua nol lfl�Y1fi
{Check O/le box) (Print Name of Municipality) is hereby authorized to sign the attached Year-End Certification of City Street Superintendent completed form(s).
Adopted this 8th day of November , 20 22 at Grand Island, Nebraska. (Date) (Month)
City CouncilNillage Board Members
City CouncilNillage Board Member ___________ _Moved the adoption of said resolution Member ______________ Seconded the Motion Roll Call Yes No Abstained Absent Resolution adopted, signed, and billed as adopted. Attest:
(Signature of Clerk) Page 1 of 3
Grand Island Council Session - 11/8/2022 Page 173 / 189
Grand Island Council Session - 11/8/2022 Page 174 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-8
#2022-320 - Approving Amendment to CDBG Subrecipient
Agreement with Railside Downtown BID
Staff Contact: Amber Alvidrez
Grand Island Council Session - 11/8/2022 Page 175 / 189
Council Agenda Memo
From:Amber Alvidrez, Community Development
Meeting:November 8, 2022
Subject:Approving CDBG Contract #2020-3 with the Downtown
Business Improvement District
Presenter(s):Amber Alvidrez, Community Development
Administrator
Background
In May of 2021, the City of Grand Island was awarded an annual allocation of
$427,392.00 from the United States Department of Housing and Urban Development’s
Community Development Block Grant Program. In March of 2021, City Council
approved the 2020-2021 Annual Action Plan, which included various projects throughout
Grand Island, all of which benefit low to moderate income persons or areas. Each one of
these projects requires a separate contract, which comes before City Council.
Discussion
The Downtown Business Improvement District was included in the 2020-2021 Annual
Action Plan to use $100,000 of Community Development Block Grant funds for sidewalk
improvements to address sidewalk issues that have been caused by tree roots in the
downtown area. The primary goals of the project will be repairing broken sidewalks and
other barriers caused by tree roots in the public right away in the LMI census tract 10 and
block group 1 & 2. These repairs will aid in creating an enticing walking environment for
individuals with mobility disabilities by making the sidewalks comply with the
American’s with Disabilities Act (ADA).
The original sub-recipient agreement included an end date of November 9, 2022 to
complete all aspects of the project, at this time due to chain of supply for materials
needed, and the availability to meet federal regulations while completing the project, the
Community Development Division proposes to extend the current sub-recipient contract
until July 31, 2023.
Grand Island Council Session - 11/8/2022 Page 176 / 189
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 approves amendment to CDBG
Contract #2020-3 with the Railside Downtown Business Improvement District and
authorizes Mayor to sign all related documents.
Sample Motion
Move to approve the resolution amending the Subrecipient Agreement to CDBG Contract
#2020-3 with the Railside Downtown Business Improvement District and authorize the
Mayor to sign all related documents.
Grand Island Council Session - 11/8/2022 Page 177 / 189
Amendment #1
PROJECT:CDBG 2020-3 Railside Sidewalk and Tree Repair
CONTRACTOR:Railside Downtown Business Improvement District
AMOUNT OF ORIGINAL CONTRACT:$100,000
CONTRACT START DATE:November 9, 2021
Revision #1 – Contract Extension date
Original Completion Date -----------------------------------------------November 9, 2022
Revised Completion Date -------------------------------------------July 30, 2023
Contractor Railside Downtown Business Improvement District
By____________________________________Date_______________________
Title: Sherry Swiniski, Executive Director
CITY OF GRAND ISLAND, NEBRASKA
By____________________________________Date________________________
Mayor
Attest_________________________________
City Clerk
Grand Island Council Session - 11/8/2022 Page 178 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-320
WHEREAS, the United States Department of Housing and Urban Development
requires multiple certifications in order to comply with the Community Development Block
Grant Program requirements; and
WHEREAS, the City of Grand Island completed a 2019-2023 Consolidated Plan
and 2020 Annual Action Plan in order to receive Community Development Block Grant funds
through CARES Act; and
WHEREAS, the City must enter into a Sub-Recipient Agreement with each
organization to identified in the 2019-2023 Consolidated Plan and 2020 Annual Action Plan; and
WHEREAS, Downtown Business Improvement District was allocated funds from
2020 Annual Action Plans for sidewalk and Tree repair which requires an amendment to the
original agreement in order to continue using the allocated CDBG funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska
hereby approves and adopts the amendment to the sub-recipient agreement 2020 CDBG-3
between the City of Grand Island and Downtown Business Improvement District to continue
implementing the Sidewalk and Tree Repair project with the use of CDBG funds; and the Mayor
is hereby authorized to sign such certifications on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 179 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item G-9
#2022-321 - Approving Overhead Door Replacement at Fire
Station 1 & 2
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 11/8/2022 Page 180 / 189
Council Agenda Memo
From:Cory Schmidt, Fire Chief
Meeting:November 8, 2022
Subject:Garage Doors
Presenter(s):Tim Hiemer, Division Chief
Background
The Grand Island Fire Department was authorized a budget of $73,500 for the
replacement of seven (7) overhead garage doors for Station One and Station Two in the
fiscal year 2022-23. The overhead doors currently in use are experiencing frequent
mechanical issues such as broken springs, tracks, rollers, and more. It was recommended
by door repair technicians to upgrade the doors to a heavier, commercial style door to
alleviate the problems we are currently experiencing.
Discussion
The Grand Island Fire Department solicited Request for Proposals (RFP) and received
proposals from three companies. All three proposals met the needs of the department and
were similar in design and features. It is fire administration’s recommendation to accept
the lowest priced proposal of $62,061 from Overhead Door of Grand Island, NE.
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 resolution to purchase and
install overhead garage doors from Overhead Door of Grand Island, NE for the amount of
$62,061.
Grand Island Council Session - 11/8/2022 Page 181 / 189
Sample Motion
Move to approve the resolution to purchase and install overhead garage doors provided
by Overhead Door of Grand Island, NE for the cost of $62,061.
Grand Island Council Session - 11/8/2022 Page 182 / 189
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
OVERHEAD DOOR REPLACEMENT AT FIRE STATION 1 & 2
RFP DUE DATE:October 27, 2022 at 4:15 p.m.
DEPARTMENT:Fire
PUBLICATION DATE:September 26, 2022
NO. POTENTIAL BIDDERS:4
PROPOSALS RECEIVED
Cornerstone Overhead Doors Pioneer Door, Inc.
Grand Island, NE Grand Island, NE
Overhead Door Company
Grand Island, NE
cc:Cory Schmidt, Fire Chief Rose Rhoads, Fire Admin. Assist.
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2399
Grand Island Council Session - 11/8/2022 Page 183 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-321
WHEREAS, the Grand Island Fire Department was budgeted funds to replace
seven overhead garage doors; and
WHEREAS, Request for Proposals process was utilized to secure competitive
pricing in accordance with City procurement policy; and
WHEREAS, Three proposals were received and evaluated, and
WHEREAS, Overhead Door Company of Grand Island, NE had the lowest priced
proposal for replacing and installing seven overhead garage doors at a price of $62,061.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent
payment is authorized for the garage doors is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 184 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item I-1
#2022-322 - Consideration of Approving the Proposed Blighted &
Substandard Area 28 Located Northwest part of Grand Island
between 13th St and State St and between Webb Rd and Capital
Ave including Conestoga Mall and the Development to the North of
the Mall (Woodsonia Acquisitions LLC)
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/8/2022 Page 185 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-322
WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No.
8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska,
to address the need for economic development opportunities through the vehicles provided in the
Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and
WHEREAS, Woodsonia Acquisitions LLC has caused to be prepared a Blight and
Substandard Study for an area of referred to as Area No. 28; and
WHEREAS, Marvin Planning Associates completed such Blight and Substandard
Study and has determined that the area should be declared as substandard or blighted area in
need of redevelopment; and
WHEREAS, such study was presented to the Grand Island City Council on
September 13, 2022, and
WHEREAS, on September 13, 2022, the Grand Island City Council referred such
study to the Hall County Regional Planning Commission for review and recommendation; and
WHEREAS, the Regional Planning Commission held a public hearing and made a
recommendation regarding the study at its October 5, 2022 meeting; and
WHEREAS, a public hearing to consider approval of a Blighted and Substandard
designation was held on November 8, 2022; and
WHEREAS, the Grand Island City Council finds that the property identified in
the study meets the statutory qualifications to be declared Blighted and Substandard and that
such designation would encourage development and redevelopment of this property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for
Redevelopment Area No. 28 as identified above is hereby approved, and those areas identified in
said study are declared to be blighted and substandard and in need of redevelopment as
contemplated in the Community Development law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 186 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item I-2
#2022-323 - Consideration of Approving the Proposed Extremely
Blighted Study located in the Northwest part of Grand Island
between 13th Street and State Street and between Webb Road and
Capital Avenue including Conestoga Mall and the Development to
the North of the Mall (Woodsonia Acquisitions LLC)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/8/2022 Page 187 / 189
Approved as to Form ¤ ___________
November 4, 2022 ¤ City Attorney
R E S O L U T I O N 2022-323
WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No.
8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska,
to address the need for economic development opportunities through the vehicles provided in the
Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and
WHEREAS, Woodsonia Acquisitions LLC has caused to be prepared a study of
areas within Grand Island that can be declared extremely blighted; and
WHEREAS, Marvin Planning Associates and Kurt Elder, AICP completed such
and identified areas can be declared as extremely blighted; and
WHEREAS, such study was presented to the Grand Island City Council on
September 13, 2022, and
WHEREAS, on September 13, 2022, the Grand Island City Council referred such
study to the Hall County Regional Planning Commission for review and recommendation; and
WHEREAS, the Regional Planning Commission held a public hearing and made a
recommendation regarding the study at its October 5, 2022 meeting; and
WHEREAS, a public hearing to consider approval of an Extremely Blighted was
held on November 8, 2022; and
WHEREAS, the methodology for determining areas qualified as Extremely
Blighted is identical to that used by the City of Lincoln and has been vetted by The University of
Nebraska Omaha’s Center of Public Affairs and Senator Justin Wayne, Chair of the Nebraska
Unicameral’s Urban Affairs Committee; and
WHEREAS, the Grand Island City Council finds that the property identified in
the study meets the statutory qualifications to be declared Extremely Blighted and that such
designation would encourage, home ownership through incentives provided by the State of
Nebraska and create opportunities for more redevelopment with the city.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Extremely Blighted Study is
hereby approved, and those areas identified in said study are declared to be extremely blighted as
contemplated in the Community Development law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2022.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/8/2022 Page 188 / 189
City of Grand Island
Tuesday, November 8, 2022
Council Session
Item J-1
Approving Payment of Claims for the Period of October 26, 2022
through November 8, 2022
The Claims for the period of October 26, 2022 through November 8, 2022 for a total amount of
$3,662,849.16. A MOTION is in order.
Staff Contact: Patrick Brown, Finance Director
Grand Island Council Session - 11/8/2022 Page 189 / 189