04-11-2023 City Council Meeting Packet
City Council Meeting Agenda
Council Chambers
City Hall
100 East First Street
Regular Meeting of April 11, 2023
7:00 PM
1. 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.
2. INVOCATION Pastor Ray Stone, First Faith United Methodist Church, 4190 West Capital
Avenue
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA 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.
6. 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.
7. PRESENTATIONS AND PROCLAMATIONS
a. City Financials Update
8. CONSENT AGENDA
a. Approving Minutes of March 28, 2023 City Council Regular Meeting
b. Approving Minutes of April 4, 2023 City Council Study Session
c. Approving Payment of Claims for the Period of March 29, 2023 through April 11, 2023 for a
total amount of $4,585,684.96.
d. #2023-90 - Approving Certificate of Final Completion for 2022 Sanitary Sewer
Rehabilitation; Project No. 2022-S-1
e. #2023-91 - Approving Bid Award - Precipitator, Bottom Ash and Boiler Industrial
Cleaning - Spring 2023
f. #2023-92 - Approving Purchase of 2023 John Deere 5100E Tractor as a Replacement
g. #2023-93 - Approving Second Amendment to Fundraising Agreement for the
Fundraising of a New Playground at Ryder Park
h. #2023-94 - Approving West Connector Trail Transportation Alternatives Program (TAP)
Grant Application
Page 1 of 170
i. #2023-95 - Approving CDBG-2022-3 Sub-recipient Agreement with Hope Harbor
j. #2023-96 - Approving Amendment of the CDBG 2022 Annual Action Plan
k. #2023-97 - Approving Work in Water Summer Intern
9. PUBLIC HEARINGS A public hearing is a formal process intended to solicit public comment.
A public hearing is structured, in part, to meet legal requirements. After a brief presentation on
the item, any public comments will be heard. Questions and discussion from the Council will
take place under the respective action items.
a. Public Hearing on Request from Bamboo, LLC dba Bamboo, 217 East Stolley Park
Road Suite I for a Class "I" Liquor License
#2023-98 - Approving Request from Bamboo, LLC dba Bamboo, 217 East Stolley Park
Road Suite I for a Class "I" Liquor License and Francisco Ordonez, 308 E 12th Street
for Liquor Manager Designation
b. Public Hearing on Acquisition of Utility Easement - 707 W. State St (RZ Investments)
#2023-99 - Approving Acquisition of Utility Easement - 707 W. State St (RZ
Investments)
c. Public Hearing on Acquisition of Utility Easement - 2815 S. Stuhr Rd (Villatoro)
#2023-100 - Approving Acquisition of Utility Easement - 2815 S. Stuhr Rd (Villatoro)
10. REQUEST AND REFERRALS
a. Consideration of Referring Blight Study for Proposed Area #37 to the Regional Planning
Commission
11. RESOLUTIONS
12. ORDINANCES
a. #9924 - Consideration of Vacation of Utility Easement in Bosselman Subdivision; 2537
N Diers Avenue (Bosselman, Inc.)
b. #9925 - Consideration of Vacation of Utility Easement in Crane Valley Eighth
Subdivision; 1004 N Diers Avenue (Concord Development, LLC)
13. OTHER ITEMS
a. Potential Closed Session Regarding Councilmember Chuck Haase
Page 2 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 7.a.
Subject: City Financials Update
Staff Contact: Patrick (Pat) Brown
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS:
1. March 2023 Revenue Report
Page 3 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Memorandum to Electeds, Mayor Steele, and Laura McAloon, Interim City Administrator From: Patrick Brown, Finance Director
Date: April 4, 2023
RE: March 2023 Revenue Report
Economy Update: US CONSUMER CONFIDENCE The Consumer Confidence Survey® reflects prevailing business conditions and likely developments for the months ahead. This monthly report details consumer attitudes, buying intentions, vacation plans, and consumer expectations for inflation, stock prices, and interest rates. Data are available by age, income, 9 regions, and top 8 states.
Latest Press Release Updated: Tuesday, March 28, 2023
US Consumer Confidence Increased Slightly in March
The Conference Board Consumer Confidence Index® increased slightly in March to 104.2 (1985=100), up from 103.4 in February. The Present Situation Index—based on consumers’ assessment of current business and labor market conditions—decreased to 151.1 (1985=100) from 153.0 last month. The Expectations
Index—based on consumers’ short-term outlook for income, business, and labor market conditions—ticked up to 73.0 (1985=100) from 70.4 in February (a slight upward revision). However, for 12 of the last 13 months—since February 2022—the Expectations Index has been below 80, the level which often signals a recession within the next year. The cutoff date for the survey was March 20th, about ten days after the bank
failures in the United States.
“Driven by an uptick in expectations, consumer confidence improved somewhat in March, but remains below the average level seen in 2022 (104.5). The gain reflects an improved outlook for consumers under 55 years of age and for households earning $50,000 and over,” said Ataman Ozyildirim, Senior Director, Economics
at The Conference Board.
“While consumers feel a bit more confident about what’s ahead, they are slightly less optimistic about the current landscape. The share of consumers saying jobs are ‘plentiful’ fell, while the share of those saying jobs are ‘not so plentiful’ rose. The latest results also reveal that their expectations of inflation over the next 12
months remains elevated—at 6.3 percent. Overall purchasing plans for appliances continued to soften while
automobile purchases saw a slight increase.”
Page 4 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
In a special question this month, the Consumer Confidence Survey® asked about consumers’ spending plans
on services over the next six months.
The results reveal that consumers plan to spend less on highly discretionary categories such as playing the lottery, visiting amusement parks, going to the movies, personal lodging, and dining.
However, they say they will spend more on less discretionary categories such as health care, home or auto
maintenance and repair, and economical entertainment options such as streaming. Spending on personal care, pet care, and financial services such as tax preparation is also likely to be maintained.
Page 5 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Present Situation Consumers’ assessment of current business conditions worsened in March.
• 18.4% of consumers said business conditions were “good,” up slightly from 18.0%.
• However, 19.3% said business conditions were “bad,” up from 17.4%.
Consumers’ appraisal of the labor market was less favorable.
• 49.1% of consumers said jobs were “plentiful,” down from 51.2%.
• 10.3% of consumers said jobs were “hard to get,” about the same as last month.
Expectations Six Months Hence
Consumers became slightly less pessimistic about the short-term business conditions outlook in March.
• 15.5% of consumers expect business conditions to improve, up from 14.6%.
• 18.5% expect business conditions to worsen, down from 21.6%.
Consumers’ assessment about the short-term labor market outlook was slightly more positive.
• 15.0% of consumers expect more jobs to be available, up from 14.5%.
• 19.9% anticipate fewer jobs, down from 21.2%.
Page 6 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Consumers’ short-term income prospects was, on balance, less upbeat.
• 14.9% of consumers expect their incomes to increase, up from 14.4% last month.
• On the contrary, 13.6% expect their incomes will decrease, up from 11.6% last month.
The monthly Consumer Confidence Survey®, based on an online sample, is conducted for The Conference Board by Toluna, a technology company that delivers real-time consumer insights and market research through its innovative technology, expertise, and panel of over 36 million consumers. The cutoff date for the
preliminary results was March 20.
Source: March 2023 Consumer Confidence Survey®
Page 7 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Local - Year to date (YTD) Sales tax receipts for the General Fund for fiscal year 2023 is positive 6.1% or
$507k. These receipts reflect the sales tax collections in the month of January. I expect to see sales tax
receipts at about a 3-4% growth over the prior year for the rest of this fiscal year.
YTD Property Tax revenue for FY2023 is 1.3% more than the same period last year. This revenue source is
collected by Hall County and remitted to the City. This increase is due to capturing some of the City’s growth
in property tax valuations.
YTD Licenses & Permits receipts are down 27.6% over the same period last year. This revenue source is
usually volatile but with the unpredictable costs of construction, it has become even more volatile. With a
decrease in permits we have seen a decrease in building inspection revenues (down $103k from last year). We
expect this will flatten out once the mall redevelopment starts.
Motor Vehicle Sales Tax and Motor Vehicle Tax revenues are still strong at 7.0% growth over FY2022. The
increase could be contributed to the replenishment of motor vehicle inventory.
Food and Beverage Occupation Tax continues to do well. YTD Food & Beverage Tax is up by $243k or
18.4%.
Below is table showing other revenue sources.
Revenue Source
Mar
2022-23
Mar
2021-22
% Chg Prior
Year
Mar
2020-21 YTD 2022-23 YTD 2021-22
% Chg Prior
Year YTD 2020-21
Property Taxes (General Fund)189,555$ 257,549$ -26.4%281,592$ 2,351,378$ 2,320,669$ 1.3%2,324,553$
Fees & Services (General Fund)491,557$ 748,770$ -34.4%567,841$ 4,044,260$ 4,264,876$ -5.2%3,923,225$
Licenses & Permits (General Fund)98,809$ 34,503$ 186.4%92,663$ 272,622$ 376,445$ -27.6%477,649$
Sales Tax (General Fund - Jan Sales)1,276,636$ 1,281,894$ -0.4%1,037,466$ 8,766,740$ 8,259,300$ 6.1%6,853,068$
Sales Tax (2004 Sales Tax for projects only)255,327$ 256,379$ -0.4%207,493$ 1,753,348$ 1,651,860$ 6.1%1,370,614$
Sales Tax (2018 Sales Tax for projects only)510,654$ 512,758$ -0.4%414,986$ 3,506,696$ 3,303,720$ 6.1%2,741,227$
Motor Vehicle Sales Tax (Streets Fund)202,619$ 189,748$ 6.8%186,445$ 1,317,290$ 1,231,610$ 7.0%1,299,467$
Franchise Fees (General Fund)145,458$ 112,508$ 29.3%191,360$ 828,681$ 675,628$ 22.7%486,863$
Motor Vehicle Tax (General Fund)89,095$ 86,378$ 3.1%78,678$ 598,259$ 599,243$ -0.2%604,246$
State Road Use Funds (Streets Fund)592,735$ 541,734$ 9.4%530,412$ 3,338,002$ 3,088,120$ 8.1%3,138,601$
Motor Vehicle Fee (Streets Fund)-$ -$ -$ 222,575$ 221,116$ 0.7%227,353$
Other Intergovernmental (Streets Fund)1,324,137$ 1,121,487$ 18.1%1,038,746$ 1,339,369$ 1,589,820$ -15.8%1,233,480$
Food & Beverage Revenue (Feb. Sales)247,968$ 247,463$ 0.2%212,046$ 1,564,457$ 1,321,857$ 18.4%1,123,901$
Rental Car Occupation Tax (Capital Equip. Fund - Streets)12,110$ 10,644$ 13.8%8,402$ 90,413$ 66,126$ 36.7%49,708$
Hotel Occupation Tax (goes to Fonner Park)39,399$ 40,359$ -2.4%22,952$ 225,983$ 205,639$ 9.9%127,613$
KENO -$ 28,283$ -100.0%36,512$ 197,415$ 167,911$ 17.6%183,729$
Casino Tax (General Fund - Dec Sales)55,773$ -$ -$ 67,918$ -$ -$
March 2023 Revenue Report
Page 8 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Expenses
Below is a chart showing Personnel Services expense in the General Fund. The expenses are trending as
expected. The large credit in Engineering is due to the Public Works Director vacancy. Personnel services will
be increasing in the upcoming spring and summer months.
City of Grand Island
Budget to Actual Report - Departments
Download generated on 04/04/2023
Funds Filter GENERAL FUND
Expenses Filter PERSONNEL SERVICES
March 2020-21 Actual March 2021-22 Actual March 2022-23 Actual
Change from Prior
Year 2022-23 Budget
% of Budget 6 mos.
Ending 03/31/23
(111) ADMINISTRATION 103,853$ 111,480$ 83,681$ (27,799)$ 266,483$ 31.4%
(112) LEGISLATIVE 49,696$ 50,596$ 50,596$ -$ 101,191$ 50.0%
(113) CITY CLERK 102,703$ 109,693$ 115,552$ 5,859$ 253,832$ 45.5%
(114) FINANCE 1,030,856$ 1,113,447$ 1,194,148$ 80,701$ 2,729,516$ 43.7%
(115) LEGAL 100,746$ 111,044$ 217,133$ 106,089$ 495,283$ 43.8%
(117) CITY HALL 66,351$ 74,918$ 52,283$ (22,635)$ 172,556$ 30.3%
(118) HUMAN RESOURCES 225,637$ 241,757$ 246,243$ 4,486$ 540,251$ 45.6%
(120) BUILDING INSPECTION 437,463$ 478,213$ 499,961$ 21,748$ 1,068,445$ 46.8%
(121) FIRE AND AMBULANCE SERVICES 3,804,083$ 3,848,915$ 3,919,028$ 70,113$ 8,933,149$ 43.9%
(123) POLICE 5,247,158$ 5,220,724$ 5,699,457$ 478,733$ 13,143,872$ 43.4%
(126) EMERGENCY MANAGEMENT 686,525$ 749,157$ 768,760$ 19,603$ 1,841,103$ 41.8%
(130) ENGINEERING 353,578$ 360,850$ 222,388$ (138,462)$ 1,132,330$ 19.6%
(131) PUBLIC WORKS 133,574$ 137,649$ 150,278$ 12,629$ 331,769$ 45.3%
(140) PLANNING 156,106$ 163,924$ 188,551$ 24,627$ 418,210$ 45.1%
(143) LIBRARY 572,047$ 635,135$ 700,714$ 65,579$ 1,640,166$ 42.7%
(144) PARKS 877,780$ 878,479$ 927,099$ 48,620$ 2,245,163$ 41.3%
(145) RECREATION 328,284$ 184,308$ 205,305$ 20,997$ 946,268$ 21.7%
(148) HEARTLAND PUBLIC SHOOTING PARK 145,937$ 158,048$ 155,818$ (2,230)$ 393,604$ 39.6%
Total 14,422,377$ 14,628,336$ 15,396,994$ 768,658$ 36,653,192$ 42.0%
Page 9 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Below is a chart showing Operating Expenses in the General Fund. Operating expenses are trending as
expected. As with Personnel Services we expect these operating expenses to increase during the upcoming
warm months.
City of Grand Island
Budget to Actual Report - Departments
Download generated on 04/04/2023
Funds Filter GENERAL FUND
Expenses Filter OPERATING EXPENSES
March 2020-21 Actual March 2021-22 Actual March 2022-23 Actual
Change from Prior
Year 2022-23 Budget
% of Budget 6 mos.
Ending 03/31/23
(111) ADMINISTRATION 7,207$ 6,675$ 28,666$ 21,991$ 147,428$ 19.4%
(112) LEGISLATIVE 1,530$ 1,290$ 1,534$ 244$ 14,673$ 10.5%
(113) CITY CLERK 13,225$ 11,935$ 15,714$ 3,779$ 44,460$ 35.3%
(114) FINANCE 80,056$ 51,412$ 62,542$ 11,130$ 133,451$ 46.9%
(115) LEGAL 7,797$ 17,203$ 23,023$ 5,820$ 32,630$ 70.6%
(116) COMMUNITY PROJECTS 34,084$ 5,916$ 51,805$ 45,889$ 65,000$ 79.7%
(117) CITY HALL 64,463$ 58,290$ 80,533$ 22,243$ 221,840$ 36.3%
(118) HUMAN RESOURCES 8,672$ (161)$ 18,989$ 19,150$ 145,908$ 13.0%
(120) BUILDING INSPECTION 15,239$ 15,542$ 26,316$ 10,774$ 60,700$ 43.4%
(121) FIRE AND AMBULANCE SERVICES 364,342$ 407,525$ 452,011$ 44,486$ 864,112$ 52.3%
(123) POLICE 518,949$ 564,368$ 676,564$ 112,196$ 1,218,267$ 55.5%
(126) EMERGENCY MANAGEMENT 117,680$ 159,728$ 182,516$ 22,788$ 278,214$ 65.6%
(130) ENGINEERING 99,357$ 78,711$ 19,236$ (59,475)$ 117,700$ 16.3%
(131) PUBLIC WORKS 19,392$ 23,694$ 53,852$ 30,158$ 157,000$ 34.3%
(140) PLANNING 10,169$ 11,766$ 79,384$ 67,618$ 24,454$ 324.6%
(143) LIBRARY 200,245$ 203,756$ 220,291$ 16,535$ 517,464$ 42.6%
(144) PARKS 205,087$ 213,516$ 273,040$ 59,524$ 716,652$ 38.1%
(145) RECREATION 195,307$ 296,527$ 201,552$ (94,975)$ 684,204$ 29.5%
(148) HEARTLAND PUBLIC SHOOTING PARK 63,775$ 54,876$ 116,101$ 61,225$ 307,525$ 37.8%
(150) NON-DEPARTMENTAL 1,022,912$ 954,587$ 3,077,446$ 2,122,859$ 6,586,335$ 46.7%
Total 3,049,488$ 3,137,155$ 5,661,115$ 2,523,960$ 12,338,018$ 45.9%
Page 10 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Below is the total expenses for the General Fund for FY2023 ending March 31, 2023.
City of Grand Island
Budget to Actual Report - Departments
Download generated on 04/04/2023
Funds Filter GENERAL FUND
Expenses Filter OPERATING EXPENSES PERSONNEL SERVICES
March 2020-21 Actual March 2021-22 Actual March 2022-23 Actual
Change from Prior
Year 2022-23 Budget
% of Budget 6 mos.
Ending 03/31/23
(111) ADMINISTRATION 111,060$ 118,155$ 112,347$ (5,808)$ 413,911$ 27.1%
(112) LEGISLATIVE 51,226$ 51,886$ 52,130$ 244$ 115,864$ 45.0%
(113) CITY CLERK 115,928$ 121,627$ 131,265$ 9,638$ 298,292$ 44.0%
(114) FINANCE 1,110,912$ 1,164,858$ 1,256,690$ 91,832$ 2,862,967$ 43.9%
(115) LEGAL 108,543$ 128,246$ 240,155$ 111,909$ 527,913$ 45.5%
(116) COMMUNITY PROJECTS 34,084$ 5,916$ 51,805$ 45,889$ 65,000$ 79.7%
(117) CITY HALL 130,814$ 133,208$ 132,817$ (391)$ 394,396$ 33.7%
(118) HUMAN RESOURCES 234,309$ 241,596$ 265,232$ 23,636$ 686,159$ 38.7%
(120) BUILDING INSPECTION 452,702$ 493,755$ 526,277$ 32,522$ 1,129,145$ 46.6%
(121) FIRE AND AMBULANCE SERVICES 4,168,425$ 4,256,440$ 4,371,039$ 114,599$ 9,797,261$ 44.6%
(123) POLICE 5,766,107$ 5,785,092$ 6,376,021$ 590,929$ 14,362,139$ 44.4%
(126) EMERGENCY MANAGEMENT 804,206$ 908,885$ 951,275$ 42,390$ 2,119,317$ 44.9%
(130) ENGINEERING 452,935$ 439,561$ 241,624$ (197,937)$ 1,250,030$ 19.3%
(131) PUBLIC WORKS 152,966$ 161,343$ 204,130$ 42,787$ 488,769$ 41.8%
(140) PLANNING 166,275$ 175,689$ 267,934$ 92,245$ 442,664$ 60.5%
(143) LIBRARY 772,292$ 838,891$ 921,005$ 82,114$ 2,157,630$ 42.7%
(144) PARKS 1,082,867$ 1,091,995$ 1,200,139$ 108,144$ 2,961,815$ 40.5%
(145) RECREATION 523,591$ 480,835$ 406,856$ (73,979)$ 1,630,472$ 25.0%
(148) HEARTLAND PUBLIC SHOOTING PARK 209,713$ 212,924$ 271,919$ 58,995$ 701,129$ 38.8%
(150) NON-DEPARTMENTAL 1,022,912$ 954,587$ 3,077,446$ 2,122,859$ 6,586,335$ 46.7%
Total 17,471,865$ 17,765,490$ 21,058,108$ 3,292,618$ 48,991,209$ 43.0%
Page 11 of 170
Working Together for a
Better Tomorrow. Today.
City Hall ● Finance Department ● 308-389-0169
Below is a chart showing year-to-date revenues in the General Fund ending March 31, 2023.
City of Grand Island
Budget to Actual Report - Departments
Download generated on 04/04/2023
Funds Filter GENERAL FUND REVENUES
March 2020-21 Actual March 2021-22 Actual March 2022-23 Actual
Change from Prior
Year 2022-23 Budget
% of Budget 6 mos.
Ending 03/31/23
(113) CITY CLERK 25,245$ 20,557$ 25,980$ 5,423$ 35,000$ 74.2%
(114) FINANCE 824,433$ 912,775$ 996,397$ 83,622$ 1,785,000$ 55.8%
(115) LEGAL 533$ 912$ 399$ (513)$ 2,000$ 20.0%
(120) BUILDING INSPECTION 510,855$ 411,834$ 308,078$ (103,756)$ 835,000$ 36.9%
(121) FIRE AND AMBULANCE SERVICES 919,492$ 1,056,685$ 1,345,817$ 289,132$ 2,446,484$ 55.0%
(123) POLICE 616,178$ 607,238$ 582,852$ (24,386)$ 810,494$ 71.9%
(126) EMERGENCY MANAGEMENT 703,338$ 588,228$ 513,422$ (74,806)$ 1,268,674$ 40.5%
(130) ENGINEERING 250,236$ 218,255$ 144,689$ (73,566)$ 349,000$ 41.5%
(131) PUBLIC WORKS 96,769$ 211,750$ 176,840$ (34,910)$ 450,000$ 39.3%
(140) PLANNING 62,440$ 137,265$ 111,997$ (25,268)$ 188,420$ 59.4%
(143) LIBRARY 52,313$ 45,545$ 15,951$ (29,594)$ 63,607$ 25.1%
(144) PARKS 116,508$ 113,525$ 99,859$ (13,666)$ 285,000$ 35.0%
(145) RECREATION 177,968$ 204,857$ 251,276$ 46,419$ 806,315$ 31.2%
(148) HEARTLAND PUBLIC SHOOTING PARK 143,920$ 166,074$ 176,629$ 10,555$ 377,477$ 46.8%
(150) NON-DEPARTMENTAL 15,185,502$ 13,309,479$ 15,709,108$ 2,399,629$ 36,353,018$ 43.2%
Total 19,685,730$ 18,004,979$ 20,459,294$ 2,454,315$ 46,055,489$ 44.4%
If you have questions regarding this report or any other financial questions please do not hesitate to contact
me.
Best Regards,
Patrick Brown Finance Director
Page 12 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.a.
Subject: Approving Minutes of March 28, 2023 City Council Regular Meeting
Staff Contact: RaNae Edwards
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS:
1. Minutes
Page 13 of 170
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 28, 2023
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 March 28, 2023. Notice of the meeting was given in The Grand Island Independent on
March 22, 2023.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike
Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear and Jason Conley. The
following City Officials were present: City Clerk RaNae Edwards, Interim City
Administration/City Attorney Laura McAloon, Finance Director Patrick Brown, Assistant City
Attorney Stacy Nonhof, and Interim Public Works Director Keith Kurz.
INVOCATION was given by Dalton Macnaughton, Abundant Life Christian Center, 3411 West
Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Building Department Director Craig Lewis for 42 Years of Service with the City
of Grand Island. The Mayor and City Council recognized Building Department Director Craig
Lewis for his 42 years of service with the City of Grand Island. Mr. Lewis was present for the
recognition.
Recognition of Utilities Department Director Timothy Luchsinger for 37 Years of Service with
the City of Grand Island. Mayor Steele and the City Council recognized Utility Director Timothy
Luchsinger for his 37 years of service with the City of Grand Island. Mr. Luchsinger was present
for the recognition.
PUBLIC HEARINGS:
Public Hearing Concerning Amendments for Redevelopment Plan for CRA Area No. 34 for
Redevelopment of Property Located North of 13th Street and East of the Moores Creek
Drainway in Grand Island, Nebraska (being subdivided as Millennial Estates Subdivision) for
Residential Purposes (Starostka Group). Regional Planning Director Chad Nabity reported that
Starostka Group Unlimited was proposing to develop property north of 13th Street, east of the
Moore’s Creek drainway for residential uses. They were proposing 120 units of housing. Staff
recommended approval. Andrew Willis, 233 South 13h Street, Lincoln, Nebraska spoke in
support. No further public testimony was heard.
Public Hearing Concerning Redevelopment Plan for CRA Area No. 31 to Allow for
Redevelopment of Property Located South of South Street on Henry and Ada Streets (1703
Henry St. and 1703 Ada St.) in Grand Island, Nebraska for Residential Purposes (JBA Ventures
Page 14 of 170
Page 2, City Council Regular Meeting, March 28, 2023
LLC). Regional Planning Director Chad Nabity reported that JBA Ventures, LLC, the owner of
properties at 1703 Henry Street and 1703 Ada Street located south of South Street and east of the
Grand Island Cemetery were proposing to build four 4-plex apartment buildings on those lots
similar to those located south of these property on Henry and Ada Streets. Staff recommended
approval. Zach Butz, 308 North Locust Street and Bruce Shriner, 2535 North Carleton Avenue
spoke in support. No further public testimony was heard.
Public Hearing on Zoning Change for property located south of South Street along Henry and
Ada Street, 1703 Henry Street and 1703 Ada Street (Lots 1 and 2, Block 2 and part of Lot 1 and
Lot 2, Block 1 of Dawn Subdivision) from M2 Heavy Manufacturing to B2 General Business.
Regional Planning Director Chad Nabity reported that JBA Ventures LLC., the owner of
properties at 1703 Henry Street and 1703 Ada Street located south of South Street and east of the
Grand Island Cemetery was requesting that the zoning on these properties be changed from M2
Heavy Manufacturing to B2 General Business Zone. Staff recommended approval. No public
testimony was heard.
Public Hearing on Text Amendment to 36-72 M-1 Light Manufacturing Zone; 36-76
Commercial Development Zone and 36-99 Home Occupations. Regional Planning Director Chad
Nabity reported that the changes in the M1 Light Manufacturing zone and CD Commercial
Development Zone were intended to reduce confusion regarding landscaping requirements in
those districts. The changes to the Home Occupation section may provide an incremental
increase in the capacity of home day care providers to provide day care services throughout the
community. Staff recommended approval. Teresa Anderson, 1137 South Locust Street spoke in
support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 2341 N. Diers Ave (FR EXTEX, LLC).
Utilities Director Tim Luchsinger reported that FR EXTEX, LLC had requested electric service
to supply a new retail building located at 2341 N. Diers Ave. The proposed easement would
allow the Utilities Department to install, access, operate, and maintain the existing power line
and infrastructure at this location. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Public Right-of-Way for 18th Street- Moores Creek Drainway
to Diers Avenue; Project No. 2022-P-8 (PIC Development of Grand Island, LLC- 1804, 1809
and 1904 Aspen Circle). Interim Public Works Director Keith Kurz reported that the public
right-of-way was needed to accommodate the new 18th Street, which was scheduled to be built
this coming spring, from the proposed Claude Road to Diers Avenue. PIC Development of
Grand Island, LLC, the property owner had signed the necessary documents to grant the property
in an amount of $125,420.00. Staff recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Fitzke moved “that the statutory rules requiring ordinances to be read by title on
three different days are suspended and that ordinances numbered:
#9922 - Consideration of Approving Zoning Change for property located south of South
Street along Henry and Ada Street, 1703 Henry Street and 1703 Ada Street (Lots 1 and 2,
Page 15 of 170
Page 3, City Council Regular Meeting, March 28, 2023
Block 2 and part of Lot 1 and Lot 2, Block 1 of Dawn Subdivision) from M2 Heavy
Manufacturing to B2 General Business
#9923 - Consideration of Approving Text Amendment to 36-72 M-1 Light
Manufacturing Zone; 36-76 Commercial Development Zone and 36-99 Home
Occupations
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 Lanfear seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9922 - Consideration of Approving Zoning Change for property located south of South
Street along Henry and Ada Street, 1703 Henry Street and 1703 Ada Street (Lots 1 and 2,
Block 2 and part of Lot 1 and Lot 2, Block 1 of Dawn Subdivision) from M2 Heavy
Manufacturing to B2 General Business
This item was related to the aforementioned Public Hearing.
Motion by Paulick, second by Lanfear to approve Ordinance #9922.
City Clerk: Ordinance #9922 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9922 on 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 #9922 is declared to be lawfully adopted upon publication as required by
law.
#9923 - Consideration of Approving Text Amendment to 36-72 M-1 Light
Manufacturing Zone; 36-76 Commercial Development Zone and 36-99 Home
Occupations
This item was related to the aforementioned Public Hearing. Discussion was held regarding the
home occupation changes. Mr. Nabity and Teresa Anderson explained the difference between
Family Child Care 1 and Family Child Care 2. April Sundberg, 402 Switchgrass Street answered
questions regarding Family Child Care 2 and the difference that would make.
Motion by Lanfear, second by Haase to approve Ordinance #9923.
City Clerk: Ordinance #9923 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Page 16 of 170
Page 4, City Council Regular Meeting, March 28, 2023
City Clerk: Ordinance #9923 on second and final 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.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9923 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent agenda items G-11 and G-13 (Resolutions #2023-79 and #2023-
81) were removed for further discussion. Motion by Paulick, second by Stelk to approve the
Consent Agenda excluding items G11 and G-13. Upon roll call vote, all voted aye. Motion
adopted.
Approving Minutes of March 14, 2023 City Council Regular Meeting.
Approving Request from Cassandra Holmberg, 120 East Charles Street for a Liquor Manager
Designation with Pumpers, 1904 North Diers Avenue.
Approving Request from Timothy Donnelly, Jr., 2317 Gateway Avenue for a Liquor Manager
Designation with Wal-Mart #3395, 3501 South Locust Street
#2022-72 - Approving Final Plat and Subdivision Agreement for JMR Subdivision. It was noted
that JMR Enterprises, LLC, owner, had submitted the Final Plat and Subdivision Agreement for
JMR Subdivision located north of 4th Street and east of Wheeler Avenue for the purpose of
splitting 2 existing buildings onto separate platted lots.
#2023-73 - Approving Acquisition of Utility Easement - 2341 N. Diers Ave (FR EXTEX, LLC).
#2023-74 - Approving Bid Award - Boiler Inspection and Repair Spring 2023 with Locke AMI,
LLC of Olathe, Kansas in an Amount of $85,385.00.
#2023-75 - Approving Contract for Wellfield Pump #3 VFD Upgrades with Hupp Electric
Motors of Marion, Iowa in an Amount of $191,113.00.
#2023-76 - Appointment of City's Representative of the Nebraska Municipal Power Pool (Travis
Burdett).
#2023-77 - Appointment of City's Representative of the Public Power Generation Agency
(Travis Burdett).
#2023-78 - Approving Data Sharing Agreement with NorthWestern Energy.
#2023-79 - Approving Maintenance and Usage Agreement between Railside BID and City of
Grand Island Regarding the Downtown Public Plaza. Assistant Finance Director Brian Schultz
stated they had been working with Railside BID concerning the Maintenance and Usage
Agreement for the Downtown Public Plaza. Andy Gdowski, 113 North Locust Street
Page 17 of 170
Page 5, City Council Regular Meeting, March 28, 2023
representing the Railside BID Board answered questions regarding the agreement and spoke in
support.
Motion by Lanfear, second by Guzinski to approve Resolution #2023-79. Upon roll call vote, all
voted aye. Motion adopted.
#2023-80 - Approving Award of Proposal for Wastewater Treatment Plant- Solids Handling
Building Rooftop Air Handling Unit Replacement AHU-10-2 with Island Indoor Climate of
Grand Island, Nebraska in an Amount of $51,975.00.
#2023-81 - Approving Change Order No. 3 for Eddy Street Underpass Rehabilitation; Project
No. 2019-U-1 for Completion Date from March 31, 2023 to May 31, 2023. Interim Public Works
Director Keith Kurz reported that Change Order No. 3 would just change the completion date to
May 31, 2023 and would not add additional cost to the project. Discussion was held concerning
painting the railings. Mr. Kurz stated that was not a part of the contract.
Motion by Nickerson, second by Lanfear to approve Resolution #2023-81. Upon roll call vote,
all voted aye. Motion adopted.
#2023-82 - Approving Acquisition of Public Right-of-Way for 18th Street- Moores Creek
Drainway to Diers Avenue; Project No. 2022-P-8 (PIC Development of Grand Island, LLC-
1804, 1809 and 1904 Aspen Circle).
#2023-83 - Approving Temporary Construction Easements for 18th Street- Moores Creek
Drainway to Diers Avenue; Project No. 2022-P-8 (PIC Development of Grand Island, LLC-
1709, 1804, 1809 and 1904 Aspen Circle).
#2023-84 - Approving Appointment of Representative to the Nebraska Habitat Conservation
Coalition (Lynn Mayhew).
RESOLUTIONS:
#2023-85 - Consideration of Approving Amendments for Redevelopment Plan for CRA Area
No. 34 for Redevelopment of Property Located North of 13th St and East of the Moores Creek
Drainway in Grand Island, Nebraska (being subdivided as Millennial Estates Subdivision) for
Residential Purposes (Starostka). This item was related to the aforementioned Public Hearing.
Motion by Stelk, second by Paulick to approve Resolution #2023-85. Upon roll call vote, all
voted aye. Motion adopted.
#2023-86 - Consideration of Approving Redevelopment Plan for CRA Area No. 31 to Allow for
Redevelopment of Property Located South of South Street on Henry and Ada Streets (1703
Henry St. and 1703 Ada St.) in Grand Island, Nebraska for Residential Purposes (JBA Ventures
LLC). This item was related to the aforementioned Public Hearing.
Page 18 of 170
Page 6, City Council Regular Meeting, March 28, 2023
Motion by Haase, second by Stelk to approve Resolution #2023-86. Upon roll call vote, all voted
aye. Motion adopted.
#2023-87 - Consideration of Approval of Transit Development Plan. Interim Public Works
Director Keith Kurz introduced this item. Jason Carbee, 1917 South 67th Street, Omaha,
Nebraska presented a PowerPoint overview of the Transit Development Plan for the years 2023
through 2045. He stated the Transit Development Plan (TDP) generally addressed transit and
mobility needs, cost and revenue projections, community transit goals and objectives, and
potential future scenarios over 10- year and 20-year horizons. Additionally, a Financial Plan
helped to ensure the financial health of transit agencies and the quality of service that they were
able to provide. A continually updated financial plan was the centerpiece of sound capital
investment planning for any transit agency. Transit Program Manager Charley Falmlen answered
questions regarding a future transit service by the Nebraska Department of Transportation for an
extended service route to Hastings, Kearney, and Grand Island. Staff recommended approval.
Motion by Lanfear, second by Nickerson to approve Resolution #2023-87. Upon roll call vote,
all voted aye. Motion adopted.
#2023-88 - Consideration of Approving the Application for the Firehouse Subs Public Safety
Foundation Grant. Fire Chief Cory Schmidt reported that the Grand Island Fire Department was
requesting to apply to the Firehouse Subs Public Safety Foundation grant for the purchase of
seventy-five Cairns 1044 Fire Helmets, totaling $31,875.00. If they were selected, this generous
grant opportunity would fully fund the purchase of the helmets for the department. The current
helmets would be ten years old in July of 2023 and beyond their useful life. NFPA standards
require the helmets to be retired ten years after their manufacture date. Staff recommended
approval.
Motion by Guzinski, second by Lanfear to approve Resolution #2023-88. Upon roll call vote, all
voted aye. Motion adopted.
#2023-89 - Consideration of Approving Appointment of Ryan Schmitz as Interim Utilities
Director. Interim City Administrator Laura McAloon reported that Mayor Steele was
recommending the appointment of Ryan Schmitz to the position of Interim Utilities Director at
Step 2 of the Utility Director Salary table.
Motion by Nickerson, second by Lanfear to approve Resolution #2023-89.
Discussion was held regard the pay step and working out of class.
Motion by Haase, second by Guzinski to amend the motion to place Mr. Schmitz on Step 1 of the
Utility Director pay. Upon roll call vote, Councilmembers Stelk, Haase, and Guzinski voted aye.
Councilmembers Conley, Lanfear, Nickerson, Fitzke, Paulick, Sheard, and Mendoza voted no.
Motion failed.
Upon roll call vote of the main motion to approve Resolution #2023-89, all voted aye. Motion
adopted.
Page 19 of 170
Page 7, City Council Regular Meeting, March 28, 2023
PAYMENT OF CLAIMS:
Motion by Fitzke, second by Stelk to approve the payment of claims for the period of March 15,
2023 through March 28, 2023 for a total amount of $7,182,723.23. Upon roll call vote, all voted
aye. Motion adopted.
Finance Director Patrick Brown answered a question on page 41 for a claim to the CRA in the
amount of $1,907,518.75.
ADJOURNMENT: The meeting was adjourned at 9:31 p.m.
RaNae Edwards
City Clerk
Page 20 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.b.
Subject: Approving Minutes of April 4, 2023 City Council Study Session
Staff Contact: RaNae Edwards
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS:
1. Minutes
Page 21 of 170
City Council Meeting Minutes
Council Chambers
City Hall
100 East First Street
Study Session of April 4, 2023
7:00 PM
1.
CALL TO ORDER
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on April 4, 2023. Notice of the meeting was given in The Grand Island Independent on
March 29, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following
City Council members were present: Maggie Mendoza, Mike Paulick, Michelle Fitzke, Mark
Stelk, Mitchell Nickerson, Doug Lanfear, Jack Sheard, and Chuck Haase. Councilmembers
Bethany Guzinski and Jason Conley were absent. The following City Officials were present: City
Clerk RaNae Edwards, Interim City Administrator Laura McAloon, Finance Director Patrick
Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works Director Keith Kurz.
2.
ITEMS FOR DISCUSSION
a.Presentation by the Parks & Recreation Department Regarding the South Locust Trail
Parks and Recreation Director Todd McCoy reported that a proposed trail project along South
Locust Street could potentially connect Grand Island bicyclists and pedestrians to the scenic
Platte River valley south of Grand Island. The trail would begin at the Riverway Trail along
South Locust Street, extend south, crossing two channels of the Platte River, run west along the
river and end near the west lake of Mormon Island Recreation Area. The 10' South Locust Trail
will be constructed in right-of-way acquired during the South Locust interchange development.
The estimated cost of the trail was between 5 to 7 million dollars. Grants would be looked into
along with local support. Funding sources were discussed. Mr. McCoy stated they would work
on recreational grants and work with the Nebraska Game and Parks. The Food & Beverage funds
would qualify for this project. This would be at least a two-year project. Interim City
Administrator Laura McAloon stated she had worked with the city's grant writer and there were
several grants available.
b.Presentation by Brad Mellema Regarding Camp Augustine
Brad Mellema, Director of the Convention and Visitors Bureau, gave a presentation regarding
Camp Augustine. Reviewed was a map of the area of Morman Island (172 acres), the
Page 22 of 170
Page 2 of 3, City Council Study Session, April 4, 2023
Department of Transportation (176 acres), and the Boy Scouts of America (123 acres) where
Camp Augustine was located. East of these properties was a 40 acre piece of land owned by the
U.S.A. The plan was to acquire land from the Boy Scouts of America. The request from Mr.
Mellema was that the Council look at this project as an asset to Grand island and evaluate what
the City could do to help see this project through.
Discussion was held regarding the price of the land. Mr. Mellema stated it was currently being
appraised. Dave Plond, 1519 W. Division Street representing the Boy Scouts of America
explained the reasons they were selling the property and stated there were several people
interested in this property.
c.Presentation by the Fire Department Regarding Fire Station #3
Fire Chief Cory Schmidt reported that Grand Island was currently served by four fire stations
which were strategically located to help ensure a fast response time and also to allow for a
certain degree of overlapping coverage. Fire Station #3, 2310 South Webb Road, was built in
1987 and has seen many changes during that time. Fire Administration expressed the need to do
a renovation/addition or total replacement of Fire Station 3 during internal budget talks over the
last several years. Response time was reviewed and he mentioned the importance of the four
minute response time from each of the stations.
Chief Schmidt presented a PowerPoint showing the need for improvement in Fire Station #3. He
presented the following four options:
1. Take no action
2. Addition to current station
3. Build new station at alternative location
4. Build new station at current site
The Fire Department’s recommendation was to build a new station at the current location
because it was ideally located for the foreseeable future and would be similar in size and design
to Fire Station #4. Based on a rough estimate from Chief Industries, it would be $4 million.
Discussion was held concerning Station #2 and whether that station needed to be looked at too.
Chief Schmidt stated eventually we would have to, but with the addition a few years ago, Station
#2 would get by for the time being. Comments were made regarding a fifth station in the future,
possibly to the west. Finance Director Patrick Brown stated this could be put under a bond.
Gracie Smith, representing The Grand Island Independent, asked what would happen to Fire
Station #3 if a new one was built. Chief Schmidt stated the old building would be utilized while
the new station was being built. The plan was to move the old building to Fire Station #1 for
training purposes. The new station would be moved west of the current station and would stay
open until the new station was built.
d.Questions and Answers Regarding CivicClerk
Finance Director Patrick Brown asked the Council if there were any questions about the new
Council management system. Comments were made regarding the Council not being able to get
Page 23 of 170
Page 3 of 3, City Council Study Session, April 4, 2023
on to other sites during the meeting. Mr. Brown stated that once the Council gets familiar with
using the new system there would be that possibility.
e.Presentation by Councilmember Chuck Haase Regarding the City Manager Form of
Government
Councilmember Chuck Haase brought forth the discussion of a City Manager form of
government. He stated a manager form of government would stop the revolving door. The last
change was held in 1976. Since the 1976 change from Manager to Mayor/Council form, there
have been 9 Mayors, 10 City Administrators, and 8 Interim City Administrators. Of the 9
comparable cities for setting wages, five had a Manager form of government.
Jay Vavricek, 2729 Brentwood Boulevard stated the form of government we have right now was
the best representation for the people of Grand Island. He suggested there be a person to assist
the City Administrator and be trained in their absence. Dan Thayer, 2604 Cottonwood Road
commented on visiting with the Nebraska League of Municipalities about other communities
with a Manager form of government. There were none in the MSA area. Mr. Thayer stated he
was against a change in the current form of government for the City of Grand Island. Gerald
Clausen, 7855 South 25th Street, Lincoln, Nebraska representing ICMA was present to answer
questions about the different forms of government.
Assistant City Attorney Stacy Nonhof explained how the Mayor was selected under a Manager
form of government. She stated the Mayor is chosen by the Council and there would be 7
Councilmembers of which one would be selected as Mayor. She explained the state statutes of
the five statutory positions: City Clerk, Treasurer, Public Works Director/Engineer, City
Attorney, and City Administrator.
3.
ADJOURN
The meeting was adjourned at 9:52 p.m.
RaNae Edwards
City Clerk
Page 24 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.c.
Subject: Approving Payment of Claims for the Period of March 29, 2023 through April 11,
2023 for a total amount of $4,585,684.96.
Staff Contact: Patrick (Pat) Brown
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS: None
Page 25 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.d.
Subject: #2023-90 - Approving Certificate of Final Completion for 2022 Sanitary
Sewer Rehabilitation; Project No. 2022-S-1
Staff Contact: Keith Kurz
BACKGROUND: Insituform Technologies USA, LLC of Chesterfield, Missouri was
awarded a $689,558.30 contract on July 26, 2022, via Resolution No. 2022-192, for
2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1.
Public Works is taking a proactive approach in rehabilitating sanitary sewer throughout
the City to avoid failures. This project fixed known pipes with condition issues such as
cracks, missing pieces and small breaks on sewer mains in difficult to access
locations. The first part of the engineering work was for investigation and conceptual
design. Various alternatives such as open cut repairs or pipe lining solutions were
looked at to fix known issues. Existing conditions of the pipe with video inspections,
local site conditions, and property owners were reviewed and evaluated. Ultimately,
this project focused on the proactive approach of cast-in-place pipe lining prior to
catastrophic pipe failure which would require much more invasive construction work.
DISCUSSION: The project was completed in accordance with the terms, conditions,
and stipulations of the contract, plans and specifications. Construction was completed
for a total cost of $656,844.00, resulting in an underrun of $32,714.30. Additional
project costs are shown below.
ADDITIONAL COSTS
City of Grand Island- PW Engineering Engineering Services $ 9,944.29
Olsson, Inc. Engineering Services $ 83,441.59
Grand Island Independent Advertising $ 104.10
Total Additional Costs= $ 93,489.98
Total project cost is $750,333.98.
Page 26 of 170
FISCAL IMPACT: There is no fiscal impact.
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 presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Certificate of Final Completion for 2022 Sanitary Sewer Rehabilitation; Project No.
2022-S-1
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Engineer's Certificate of Final Completion
2. Resolution
Page 27 of 170
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1
CITY OF GRAND ISLAND, NEBRASKA
April 11, 2023
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1 has been fully
completed by Insituform Technologies USA, LLC of Chesterfield, Missouri under the contract awarded
July 26, 2022. The work has been completed in accordance with the terms, conditions, and
stipulations of said contract and complies with the contract, the plans and specifications. The work is
hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance
with the provisions of Section 16-650 R.R.S., 1943.
Additional Costs:
City of Grand Island- PW Engineering Engineering Services $ 9,944.29
Olsson, Inc.Engineering Services $ 83,441.59
Grand Island Independent Advertising $ 104.10
Total Additional Costs= $ 93,489.98
Total Project Cost= $750,333.98
Item
No.Description Total
Quantity Unit Unit Price Total Cost
1 MOBILIZATION 1.00 LS 57,746.50$57,746.50$
2 8-INCH CIPP LINER 10,470.00 LF 21.60$ 226,152.00$
3 12-INCH CIPP LINER 3,850.00 LF 34.40$ 132,440.00$
4 15-INCH CIPP LINER 1,675.00 LF 49.00$ 82,075.00$
5 8-INCH PRE-LINER 0.00 LF 2.20$ -$
6 12-INCH PRE-LINER 0.00 LF 2.70$ -$
7 15-INCH PRE-LINER 0.00 LF 3.00$ -$
8 SERVICE REINSTATEMENT 405.00 EA 64.10$ 25,960.50$
9 TRIM PROTRUSION 10.00 EA 608.70$ 6,087.00$
10 MANHOLE END SEAL 96.00 EA 135.00$ 12,960.00$
11 PRE-LINING CCTV INSPECTION / PIPE CLEANING 15,991.00 LF 4.60$ 73,558.60$
12 POST-LINING CCTV INSPECTION 15,995.00 LF 0.40$ 6,398.00$
13 BYPASS PUMPING 1.00 LS 4,889.00$ 4,889.00$
14 TRAFFIC CONTROL 1.00 LS 28,577.40$28,577.40$
656,844.00$
BASE BID-
Base Bid Total=
Page 28 of 170
2 | P a g e
C e r t i f i c a t e o f F i n a l C o m p l e t i o n
2 0 2 2 S a n i t a r y S e w e r R e h a b i l i t a t i o n ; P r o j e c t N o . 2 0 2 2 - S - 1
I hereby recommend that the Engineer’s Certificate of Final Completion for 2022 Sanitary Sewer
Rehabilitation; Project No. 2022-S-1 be approved.
__________________________________________________
Keith Kurz PE, – Interim City Engineer/Public Works Director
__________________________________________________
Roger G. Steele – Mayor
Page 29 of 170
R E S O L U T I O N 2023-90
WHEREAS, the City Engineering/Public Works Director for the City of Grand Island
issued a Certificate of Final Completion for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1
certifying that Insituform Technologies USA, LLC of Chesterfield, Missouri, under contract, has
completed such project for the total construction amount of $656,844.00; and
WHEREAS, the City Engineer/Public Works Director recommends the acceptance of
the project; and
WHEREAS, additional project costs equate to $93,489.98, as shown
ADDITIONAL COSTS
City of Grand Island- PW Engineering Engineering Services $ 9,944.29
Olsson, Inc.Engineering Services $ 83,441.59
Grand Island Independent Advertising $ 104.10
$ 93,489.98
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public
Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for 2022
Sanitary Sewer Rehabilitation; Project No. 2022-S-1, in the total amount of $750,333.98 is hereby
confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 30 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.e.
Subject: #2023-91 - Approving Bid Award - Precipitator, Bottom Ash and Boiler
Industrial Cleaning - Spring 2023
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The electrostatic precipitator at the Platte Generating Station is the air
quality control equipment used to remove coal ash particulates from the plant’s boiler
flue gas stream. Proper performance of this equipment is required as part of the plant’s
operating permit. Due to volume and characteristics of the coal ash, the precipitator
must be grit blasted to remove ash build-up. In addition to maintaining performance,
removal of the ash deposits also allows an inspection of the precipitator internal
surfaces and components. Along with the precipitator, the boiler, air preheater, and
ductwork must be cleaned twice a year to remove ash deposits that form on the boiler
tubes, air preheater, and fallout in the ductwork to maintain efficient operation of this
equipment.
The next outage is scheduled for April of this year. Specifications were developed by
the plant maintenance staff for the removal of ash deposits throughout the precipitator
and boiler including grit blasting of the electrostatic precipitator, bulk vacuuming of the
associated ductwork and hoppers, and high-pressure water wash of the bottom ash
system.
DISCUSSION: The specifications for the Precipitator, Bottom Ash and Boiler Industrial
Cleaning-Spring 2023 Outage were advertised and issued for bid in accordance with
the City Purchasing Code. Bids were solicitated from seven potential bidders and there
were two responsive bidders. The engineer’s estimate for this project was
$300,000. Bids were publicly opened on March 16, 2023.
Bidder Bid Amount
W-S Industrial Services, Inc.,
Council Bluffs, Iowa
$ 235,649.68
Page 31 of 170
EGM, Inc., Valley, Nebraska $ 239,841.10
The bids were reviewed by Utility Engineering staff and were deemed to be in
compliance with the specifications. Both corporations are responsible bidders who
have completed similar scopes of work for the City of Grand Island.
The bid from W-S Industrial Services, Inc. was otherwise found compliant with the
specification.
FISCAL IMPACT: Budgetary Number = $300,000; Bid Amount = $235,649.68
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
RECOMMENDATION: City Administration recommends that Council award the
Contract for the Precipitator, Bottom Ash and Boiler Industrial Cleaning-Spring 2023
Outage to W-S Industrial Services, Inc. of Council Bluffs, Iowa as the low responsive
bidder, with a bid in the amount of $235,649.68.
SAMPLE MOTION: Motion to approve the bid in the amount of $ 235,649.68 from W-S
Industrial Services, Inc. for the Precipitator, Bottom Ash and Boiler Industrial Cleaning –
Spring 2023 Outage.
ATTACHMENTS:
1. Bid Summary
2. Resolution
Page 32 of 170
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: March 16, 2023 at 2:00 p.m.
FOR: Precipitator, Bottom Ash and Boiler Industrial Cleaning – Spring
2023 Outage
DEPARTMENT: Utilities
ESTIMATE: $300,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: February 27, 2023
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: W-S Industrial Services, Inc. EGM, Inc.
Council Bluffs, IA Valley, NE
Bid Security: Merchants Bonding Company Nationwide Mutual Insurance Co.
Exceptions: Noted Noted
Bid Price:
Materials: $111,020.00 $102,375.00
Labor: $108,189.00 $120,733.00
Sales Tax: $ 16,440.68 $ 16,733.00
Total Base Bid: $235,649.68 $239,841.10
cc: Tim Luchsinger, Utilities Director Karen Nagel, Utilities Secretary
Laura McAloon, Interim City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Tylor Robinson, Plant Superintendent
Angela Schulte, Utilities Dept. Christy Lesher, Utilities Dept.
P2429
Page 33 of 170
R E S O L U T I O N 2023-91
WHEREAS, the City of Grand Island invited sealed bids for Precipitator, Bottom
Ash and Boiler Industrial Cleaning – Spring 2023, according to plans and specifications on file
with the Utilities Department; and
WHEREAS, on March 16, 2023, bids were received, opened, and reviewed; and
WHEREAS, W-S Industrial Services, Inc, of Council Bluffs, Iowa, submitted a
bid in accordance with the terms of the advertisement of bids and plans and specifications and all
other statutory requirements contained therein, such bid being in the amount of $235,649.68; and
WHEREAS, the bid from W-S Industrial Services, Inc, is within the annual
operation and maintenance budget and it is the lowest responsible bid for Precipitator, Bottom
Ash and Boiler Industrial Cleaning – Spring, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of W-S Industrial Services,
Inc, of Council Bluffs, Iowa in the amount of $235,649.68, for Precipitator, Bottom Ash and
Boiler Industrial Cleaning – Spring, 2023, is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
the contract with W-S Industrial Services, Inc for Precipitator, Bottom Ash and Boiler Industrial
Cleaning – Spring, 2023, and to take all other actions necessary to effect the purpose of this
resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Page 34 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.f.
Subject: #2023-92 - Approving Purchase of 2023 John Deere 5100E Tractor as a
Replacement
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The Maintenance Staff for the Utilities Department maintain the
grounds at Platte Generating Station, Burdick Station, the Wellfield, and water pumping
sites. The current model is a 2001 John Deere 5410 that has provided many years of
service, but the current tractor is under powered for the attachments that are used to
maintain the grounds. Use of these attachments has required extra repairs to the
current tractor and as the tractor increases in age the repairs have become more
frequent.
The new 2023 John Deere tractor will have increased power, better hydraulics with mid
hydraulic connections, and an upgraded tire package. The upgraded transmission is to
make shifting on irregular terrains easier and is available in stock for immediate
delivery.
DISCUSSION: To meet competitive bidding requirements, the Utilities Department
obtained pricing from the State Contract 15347(OC) Grounds Maintenance Equipment
awarded to Deere and Company.
Utilities Department staff is recommending the purchase of the 2023 John Deere 5100E
Cab Tractor FT4 from Deere and Company through AKRS Equipment Solutions, Inc of
Grand Island, NE in the amount of $58,323.17.
An amount of $50,000.00 was approved in the 2022-2023 FY budget for this purchase.
The current 2001 tractor will be traded in with this purchase.
FISCAL IMPACT: Budgeted Amount: $50,000; Actual Amount: $58,323.17
Page 35 of 170
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
RECOMMENDATION: City Administration recommends that Council approve the
purchase of a new tractor from AKRS Equipment Solutions, Inc of Grand Island, NE for
a purchase price of $58,323.17.
SAMPLE MOTION: Motion to approve the purchase of a new tractor from AKRS
Equipment Solutions, Inc of Grand Island, NE for a purchase price of $58,323.17.
ATTACHMENTS:
1. Resolution
Page 36 of 170
R E S O L U T I O N 2023-92
WHEREAS, the current 2001 John Deere 5410 is under powered for the
attachments that are used to maintain the grounds at multiple Utility sites; and
WHEREAS, the use of the attachments has required frequent extra repairs to the
current tractor; and
WHEREAS, based on pricing from State Contract 15347(OC) Grounds
Maintenance Equipment, Utilities Department staff is recommending the purchase of the 2023
John Deere 5100E Cab Tractor FT4 from AKRS Equipment Solutions, Inc, of Grand Island, NE
in the amount of $58,323.17.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utilities Department purchase a
2023 John Deere 5100E Cab Tractor FT4 from AKRS Equipment Solutions, Inc, of Grand
Island, NE in the amount of $58,323.17 is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 37 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.g.
Subject: #2023-93 - Approving Second Amendment to Fundraising Agreement for
the Fundraising of a New Playground at Ryder Park
Staff Contact: Todd McCoy
BACKGROUND: City was approached by students and staff from the Central
Community College Occupational Therapy Class with the idea of raising funds to
building a new community inclusive playground. After much discussion and excitement
generated from community leaders, City staff, and the Community Foundation, the
decision was made to move forward to raise money for the project proposed at Ryder
Park. The location was chosen because Ryder Park is centrally located, has good
access to parking and restrooms, and has potential to benefit from future park
developments.
In July of 2021 City Council approved Resolution 2021-186 to add a new playground in
Ryder Park.
On January 11, 2022 City Council approved Resolution 2022-13 an agreement with the
Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island
Community Foundation for fundraising of the Ryder Park playground.
On April 12, 2022 City Council approved Resolution 2022-104 to name the proposed
playground after Tom and Sue Pirnie because of their $200,000 gift and recognize
donors of $5,000 or more with onsite signage.
On September 13, 2022 City Council approved Resolution 2022-254 the agreement
amendment so that the City could help with fundraising efforts by applying for grants
that require the owner’s submission.
On January 24, 2023 City Council approved Resolution 2023-24 the award to Creative
Sites to furnish and install the new playground equipment.
Page 38 of 170
DISCUSSION: City Finance and Legal Departments are recommending a second
amendment to the fundraising agreement to further clarify payments for the
playground.
FISCAL IMPACT: There is no fiscal impact.
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 presented in this motion.
RECOMMENDATION: City Administration recommends that the City Council approve
the second agreement amendment for fundraising of a donated playground to be
constructed in Ryder Park so that to clarify payments.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. 2nd Amendment Agreement
2. Resolution
Page 39 of 170
Page 40 of 170
Page 41 of 170
R E S O L U T I O N 2023-93
WHEREAS, the City was approached by students and staff from Central
Community College Occupational Therapy Class with the idea of raising funds to build a new
community inclusive playground in Ryder Park; and
WHEREAS, on July 21, 2021 City Council approved Resolution 2021-186 to add
a new playground in Ryder Park, on January 11, 2022 approved Resolution 2022-13 an
agreement with the Central Community College Foundation, Inc. (CCCF) and the Greater Grand
Island Community Foundation for fundraising of the Ryder Park playground, on April 12, 2022
approved Resolution 2022-104 the recognition of donors of $5,000 or more with onsite signage
and the naming of the playground the Pirnie Inclusive Playground, on September 13, 2022
approved Resolution 2022-254 the Agreement Amendment so the City can help with fundraising
efforts by applying for grants that require the owner’s submission and on January 24, 2023
approved Resolution 2023-24 the award to Creative Sites to furnish and install new playground
equipment; and
WHEREAS, City Finance and Legal Departments are recommending a second
amendment to the fundraising agreement to further clarify payments for the playground.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council approve the second
agreement amendment for fundraising and to clarify payments for the playground.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to sign all
related documents on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 42 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.h.
Subject: #2023-94 - Approving West Connector Trail Transportation Alternatives
Program (TAP) Grant Application
Staff Contact: Todd McCoy
BACKGROUND: The West Connector Trail extension was identified as a priority for
funding in the Bicycle and Pedestrian Master Plan and a section of this trail has been
identified in the Long Range Transportation Plan. The extension of this trail will fill a gap
in the Grand Island Trails System, creating more useable trail miles within our
community.
Funding for this project has been matched with the Transportation Alternatives Program
through the State of Nebraska as Federal Transportation Authority dollars. This
program will fund projects up to $1.5 million with an 80% federal 20% local match. We
are requesting $1,433,245 for construction of this project with $1,146,596 to be
reimbursed by the federal government and $286,649 to be used from Food and
Beverage funds for the city match.
DISCUSSION: The 2018 Bicycle and Pedestrian Master Plan was created with public
input to identify the trails that Grand Island residents would like to see developed within
the community. The West Connector Trail was selected as a priority project within that
plan for future funding. A section of this trail was also identified within the Long Range
Transportation plan. The construction of the west would close a gap within the current
trail system and extend the length of available trail miles for the Grand Island
community to use. The proposed trail will be located in the neighborhood around
Shoemaker Elementary School, providing students with a safe off street path to and
from the school.
The West Connector Trail project will construct a trail from the intersection of North
Road and Old Potash Hwy to the City Water Tower Park on Engleman Road. The new
trail will be 10’ wide and approximately 1.4 miles long. This trail will feature benches to
provide places to rest and be planted with shade trees as additional grant funding
Page 43 of 170
becomes available.
Image 1. Proposed location of West Connector Trail.
This project is a good candidate for federal funding due to the lack of environmental
concerns and lack of railroad crossings. It will be able to be constructed in a timely
manner, reducing the overall cost of this project.
We are requesting $1,433,245 for construction of this project with $1,146,596 to be
reimbursed by the federal government through the Transportation Alternatives Program
and $286,649 to be used from Food and Beverage funds for the 20% city match.
FISCAL IMPACT: We are requesting $1,433,245 for construction of this project with $1,146,596
to be reimbursed by the federal government through the Transportation Alternatives Program and
$286,649 for the 20% city match. If the grant is awarded, there will be a budget request in
FY2024 for $1,433,245 budget authority, of which $286,649 would be the City's match
from Food & Beverage Occupation Tax in FY2024. If the grant is not awarded, then
other funding sources will be explored.
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 presented in this motion.
RECOMMENDATION: City Administration recommends that Council approves the
application for the West Connector Trail Transportation Alternatives Program with
$286,649 city match and authorizes the Mayor to sign all related documents.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Resolution
Page 44 of 170
Page 45 of 170
R E S O L U T I O N 2023-94
WHEREAS, the City of Grand Island Parks and Recreation Department is
requesting to apply to the Transportation Alternatives Program Grant for the construction of the
West Connector trail; and
WHEREAS, the West Connector Trail is consistent with the Trail Network of the
overall Ultimate Bicycle and Pedestrian Network in the GIAMPO Bicycle and Pedestrian Plan,
decreasing a gap and increasing connectivity between neighborhoods; and
WHEREAS, if awarded this grant, the grant will fund up to $1,146,596 of the
$1,433,245 project with a city match of $286,649.00 coming from the Food and Beverage Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the application for the Transportation
Alternatives Program Grant for the construction of the West Connector Trail and city match of
$286,649.00 is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such grant application on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 46 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.i.
Subject: #2023-95 - Approving CDBG-2022-3 Sub-recipient Agreement with Hope
Harbor
Staff Contact: Amber Alvidrez
BACKGROUND: In October 2022, the City of Grand Island was awarded an annual
allocation of $365,907 from the United States Department of Housing and Urban
Development’s Community Development Block Grant Program. In August 2022, City
Council approved the 2022-2023 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: As part of the 2022-2023 Annual Action Plan, the Entitlement
stakeholders and Community Development Division, recommended allocating funds to
Hope Harbor, Inc. to acquire property located directly adjacent to their current facilities.
The property would include 611 W. First Street, 605 W First Street, 601 W First Street
and 112 S Elm Street. Currently, Hope Harbor’s main function is to provide emergency
and transitional shelter for women, children and families. Hope Harbor does currently
work with community partners while case management to clients to aid in finding
permanent housing.
Although the City’s CDBG award will only be used on the acquisition of the property,
this award will act as a catalyst for Hope Harbor’s future expansion plans. It is
anticipated that Hope Harbor will reconstruct an 8-12 unit apartment complex which
would aid severely low-income residents, who would normally find themselves without
housing once leaving the shelter.
Currently, Hope Harbor’s Transitional Shelter serves an average of 234 clients
annually. Hope Harbor’s goal is that clients exiting the transitional shelter program enter
permanent housing. Numerous factors contribute to their difficulty in doing so: credit
score, eviction history, criminal history, or need for wraparound services are the most
Page 47 of 170
common. Although beyond these needs are affordability, most clients do not have
enough income to exit existing community programs and enter the private housing
market in Grand Island. Adults exiting the transitional program do increase their
monthly income from entry to exit, but despite increased skills and income, clients have
historically been entering the housing market in the extremely low-income category.
Clients exiting would have the opportunity to rent the new units, which would also
include supportive services such as case management, while building rental history and
references.
FISCAL IMPACT:
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
CDBG Contract #2022-3 with Hope Harbor, Inc., and authorizes Mayor to sign all
related documents.
SAMPLE MOTION: Move to approve CDBG Contract #2022-3 with Hope Harbor, Inc.
ATTACHMENTS:
1. Hope Habor agreement
2. Hope Harbor DEED OF TRUST/ Promissary Note
3. Resolution
Page 48 of 170
1
SUBRECIPIENT CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING
ENTITLEMENT FUNDS
SECTION I.
RECITALS
THIS AGREEMENT, made and entered into this 17th day of April, 2023 by and between
the City of Grand Island ("City/Grantee,") and Hope Harbor, Inc., ("Sub recipient,")
witnesseth:
WHEREAS, the Grantee has applied for and received funds from the U.S. Department
of Housing and Urban Development (HUD), under Title 1 of the Housing and
Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in
utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
SECTION II.
SCOPE OF SERVICE
A. Activities
The Sub recipient will be responsible for acquiring property with the use of
Program year CDBG 2022 Entitlement funding, in a manner satisfactory to the
City/Grantee and consistent with any standards required as a condition of providing the
funds, and consistent with all provisions of this Agreement. Sub recipient warrants and
represents it has the requisite authority and capacity to perform all terms and conditions
on Sub recipients part to be performed hereunder.
B. Program Delivery
Hope Harbor, shall use One Hundred and Ninety-Five thousand dollars and
00/100 ($195,000.00) of Community Development Block Grant funds for acquiring
property at 611 W. First Street, 605 W. First Street, 601 W. First Street and 112 S Elm
Street, as submitted in the application for Community Development Block Grant (CDBG)
funds dated (August 16, 2022) toward the goal of serving a low to moderate income
persons within the city limits of Grand Island by providing emergency and transitional
shelter. Hope Harbor’s various programs will serve at a minimum of 650 persons. At
minimum fifty-one percent (51%) of persons served will be of low to moderate income
(below 80% of average medium income). Income shall be based off of the annual
published HUD income limits.
Page 49 of 170
2
The major tasks the Sub recipient will perform include, but are not necessarily
limited to the following:
a. Acquisition of property at 611 W. First Street, 605 W. First Street, 601 W. First
Street and 112 S Elm Street Grand Island, Nebraska 68801
b. Provide Emergency and transitional shelter to women, children and families.
c. Complete and submit all necessary reporting to City of Grand Island
Community Development Division, including quarterly reporting, and income surveys on
clientele.
d. Ensure that land acquired continues to be used for emergency and transitional
shelter activities for a minimum of 10 years from date of contract signing.
e. Ensure that all mitigation measures are met during reconstruction of units.
Such as adherence to using materials noted and approved in the submitted noise
attenuation study for noise mitigation.
C. National Objective Compliance
The Sub recipient certifies that the activity(ies) carried out under this Agreement
will meet the following H.U.D. National Objective:
Benefit low- and/or moderate-income persons.
Failure by the Sub recipient to fulfill the National Objective may result in grant
funds being disallowed and required to be returned to the City/Grantee.
D. Level(s) of Performance & Accomplishment - Goals and Performance
Measures
a. Hope Harbor, is to provide quarterly reports on achievements and program
impact to include
a. Number of clients served
b. A summary of project progress
c. Client Demographics
d. Income surveys
Units of Service include:
The Sub-recipient’s progress will be monitored by the amount of units served, each unit
being one person that receives services. The Sub-recipient will benefit a minimum of
650 persons, at minimum 51% of the persons served must be considered low to
moderate income (80 % AMI) based off the annually published HUD income limits.
E. Project Description
Type of Project: Low To moderate Income Benefit
Project Location: City of Grand Island
Service Area: City of Grand Island
Project: 2022-3
Page 50 of 170
3
Basic Eligibility Citation: 24 CFR 570.201
Amount Funded: $195,000.00
F. Performance Monitoring
The City/Grantee reserves the right to monitor and evaluate the progress and
Performance of the Sub recipient to assure the terms of this agreement are being
satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring
and evaluating criteria and standards. Sub recipient shall cooperate with the
City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor
the performance of the Sub recipient against goals and performance standards as
stated above. Substandard performance as determined by the City/Grantee will
constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Sub recipient within a reasonable 90 days of time after
being notified by the City/Grantee, Agreement suspension or termination procedures will
be initiated.
G. Time of Performance
Hope Harbor, shall perform the services set out above, and shall expend the
Community Development Block Grant funding provided for above between April 17,
2023 and April 17, 2026. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the Sub recipient remains in
control of CDBG funds or other CDBG assets, including program income.
H. Budget
Hope Harbor, shall use One Hundred and Ninety-five Thousand Dollars &00/100
($195,000.00) of Community Development Block Grant funds provided for Acquisition of
property at 115 W. Charles Street Grand Island Nebraska 68801
In addition, the City/Grantee may require a more detailed budget breakdown than
the one contained herein, and the Sub recipient shall provide such supplementary
budget information in a timely fashion in the form and content prescribed by the
City/Grantee. Any amendments to this budget must be approved in writing by the
City/Grantee and Sub recipient.
I. Compensation and Method of Payment
If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt
of the U.S. Department of Housing & Urban Development Community Development
Block Grant funds, and provided the Agreement and Scope of Service are eligible
Expenditures of Community Development Block Grant funds, the City/Grantee agrees to
pay the Sub recipient an amount not to exceed One Hundred and Ninety-Five Thousand
and 00/100 Dollars ($195,000.00). There are no eligible delivery or administration costs.
Payments may be contingent upon certification of the Sub recipients’ financial
Page 51 of 170
4
management system in accordance with the standards specified in 2 CFR 200, as now
in effect and as may be amended from time to time.
a. Draw-down requests may be submitted to the Community Development
Administrator. Draw-down requests must be in writing and accompanied by acceptable
documentation supporting the draw-down amount. Documentation should include, at a
minimum, the following information:
1) Invoice itemizing amounts requested;
2) Supporting documentation for each item; and
3) Payroll slips or time cards, if applicable.
Additional documentation may be requested as needed for clarification. Payment
requests that are submitted before the 10th day of the month will be processed in the
same month and require City/Grantee Council approval prior to disbursal.
J. Environmental Review
An Environmental Review must be completed prior to the Sub recipient
committing or expending any Community Development Block Grant funds.. The Sub
recipient may not proceed with any services until receipt of written notification of the
Environmental Review findings by the City/Grantee.
Housing projects will require environmental reviews to be conducted on each
property as it is identified. If the Environmental Review requires mitigation, no
funds may be expended until mitigation has been accomplished and certified as
completed and meeting HUD minimum standards by an acceptable source to
the City/Grantee. Documentation evidencing the Sub recipients’ completion of its
responsibilities and compliance with the National Environmental Policy Act of
1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part
58 which furthers the purposes of the NEPA.
Any mitigation required upon the completion of the environment review process,
is to be completed by the sub-recipient.
K. Procurement Standards and Code of Conduct
Documentation evidencing adoption of Procurement Standards and Code of
Conduct equivalent to those established in 2 CFR 200, as now in effect and as
may be amended from time to time, and 24 CFR Part 570.
K. Fair Housing
Documentation that the Sub recipient has specifically provided a description of
the actions they will take during the course of the grant to fulfill the requirements
to affirmatively further fair housing. (Applicable to housing projects)
Page 52 of 170
5
L. Notices
Notices required by this Agreement shall be in writing and delivered via United
States Postal Service mail (postage prepaid), commercial courier, or personal delivery
or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid
shall be effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following
agreement representatives:
City/Grantee Sub-recipient:
City of Grand Island Hope Harbor,
ATTN: Community Development Division Liz Mayfield
100 East First Street 615 W. First Street
Grand Island NE, 68801-1968 Grand Island NE, 68801
Telephone: (308)385-5444 ext. 212 Telephone:308-385-5190
Fax: (308) 385-5488 Fax:
SECTION III.
GENERAL CONDITIONS
A. General Compliance
Any changes to the program goals, scope of services, schedule or budget,
unless otherwise noted, may only be made through a written amendment to this
Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key
Personnel assigned or their general responsibilities under this project are subject to
notification and approval from the City/Grantee.
The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the
Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG) including
Subpart K of these regulations). The Sub-recipient also agrees to comply with all other
applicable federal, state, and local laws, regulations, and policies governing the funds
provided under this agreement.
The Sub-recipient further agrees to utilize funds available under this Agreement
to supplement rather than supplant funds otherwise available.
B. Independent Contractor
Page 53 of 170
6
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the
parties. The Sub-recipient shall at all times remain an “independent contractor” with
respect to services to be performed under this Agreement. The City/Grantee shall be
exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an
independent contractor. Sub-recipient shall be solely and entirely responsible for its acts
and the acts of its agents, employees and subcontractors.
C. Hold Harmless
Sub-recipient further agrees to indemnify, defend and hold harmless the
City/Grantee, its officers, agents and employees, from and against any and all claims,
liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to
persons, or damages to property, or based upon or arising out of the performance or
non-performance of this Agreement by Sub recipient, or out of any violation of Sub
recipient of any local, state, or federal statute, ordinance, rule or regulation.
D. Worker’s Compensation
The Sub recipient shall provide Workers’ Compensation Insurance coverage in
the amount required by law, for all of its employees involved in the performance of this
Agreement.
E. Insurance and Bonding
The Sub recipient shall carry sufficient insurance coverage to protect Agreement
assets from loss due to theft, fraud and/or undue physical damage, and as a minimum
shall purchase a blanket fidelity bond covering all employees in an amount equal to
cash advances from the City/Grantee. The Sub recipient shall comply with the bonding
and insurance requirements of 2 CFR 200, as now in effect and as may be amended
from time to time.
F. City/Grantee Recognition
The Sub recipient shall ensure recognition of the role of the City/Grantee in
providing services through this Agreement. All activities, facilities and items utilized
pursuant to this Agreement shall be prominently labeled as to the funding source. In
addition, the Sub recipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
G. Amendments
The City/Grantee or Sub recipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each organization,
Page 54 of 170
7
and approved by the City/Grantee’s governing body. Such amendments shall not
invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from
its obligations under this Agreement.
The City/Grantee may, in its discretion, amend this Agreement to conform with
federal, state or local governmental guidelines, policies and available funding amounts,
or for other reasons. If such amendments result in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both
City/Grantee and Sub recipient.
SECTION IV.
LIABILITY
Sub recipient agrees to assume the risk of all personal injuries, including death
resulting therefrom, to persons, and damage to and destruction of property, including
loss of use therefrom, caused by or sustained, in whole or in part, in connection with or
arising out of the performance or non-performance of this Agreement by Sub recipient,
or by the conditions created thereby.
SECTION V.
SUSPENSION OR TERMINATION FOR CAUSE
In accordance with 2 CFR 200, as now in effect and as may be amended from
time to time, the City/Grantee may suspend or terminate this Agreement if the Sub
recipient materially fails to comply with any terms of this Agreement, which include but
are not limited to, the following:
1. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper
manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement;
4. Submission by the Sub recipient to the City/Grantee reports that are incorrect
or incomplete in any material respect; or
5. Financial instability of the Sub recipient organization that will affect the abilities
of the organization to carry out or complete the stated activities and scope of
work.
In the event of agency financial instability, a default or violation of the terms of
this Agreement by the Sub recipient, or failure to use the grant for only those purposes
set forth, the City/Grantee may take the following actions:
A. Suspension for Cause
Page 55 of 170
8
After notice to the Sub recipient, the City/Grantee may suspend the
Agreement and withhold any further payment or prohibit the Sub recipient from
incurring additional obligations of grant funds, pending corrective action by the
Sub recipient or a decision to terminate.
B. Termination for Cause
This Agreement may be terminated, in accordance with 2 CFR 200, as
now in effect and as may be amended from time to time, if the Sub recipient
materially fails to comply with any term of the Agreement or applicable federal
regulations. The City/Grantee may terminate the Agreement upon ten (10) days
written notice, together with documentation of the reasons therefore, and after an
opportunity for a hearing is afforded. The determination of the City/Grantee as to
the cause of termination and the appropriateness therefore shall be final and
binding upon both City/Grantee and Sub recipient. In the event projects are
delayed, the Sub recipient shall notify the City/Grantee in writing, informing the
City/Grantee of the issues surrounding the delay of the project. In cases where
the project is not moving forward, the City/Grantee shall notify the Sub recipient
of termination of the funding. In the event of termination, all finished or
unfinished documents, data, studies and reports prepared by the Sub recipient
under this Agreement shall, at the option of the City/Grantee, become its property
and the Sub recipient shall be entitled to receive just and equitable compensation
for satisfactory work completed on such materials for which compensation has
not previously been paid.
SECTION VI.
TERMINATION FOR CONVENIENCE
This Agreement may be terminated for convenience in accordance with 2 CFR
200, as now in effect and as may be amended from time to time, by either the
City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to
be terminated. However, if in the case of a partial termination, the City/Grantee
determines that the remaining portion of the award will not accomplish the purpose for
which the award was made, the City/Grantee may terminate the award in its entirety.
SECTION VII.
TERMINATION OF CITY/GRANTEE'S OBLIGATIONS
The City/Grantee's obligations under this Agreement will terminate in the event of
suspension or non-receipt of Community Development Block Grant funds by the
City/Grantee.
SECTIONVIII.
Page 56 of 170
9
ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Records of the Sub recipient and reimbursable expenses pertaining to the Scope
of Services and records of accounts between the City/Grantee and the Sub recipient
shall be kept on a generally recognized accounting basis.
1. Accounting Standards
The Sub recipient agrees to comply with 2 CFR 200, as now in effect and
as may be amended from time to time, and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Sub recipient shall administer its program in conformance with 2 CFR
200, as now in effect and as may be amended from time to time. These
principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
B. Documentation & Record Keeping
1. Records to be maintained
The Sub recipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to
be funded under this Agreement. Such records shall include but are not limited
to:
a) Record(s) providing a full description of each activity undertaken;
b) Record(s) demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
c) Record(s) required to determine the eligibility of activities;
d) Record(s) required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e) Record(s) documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200,
as now in effect and as may be amended from time to time;
g) Other records as necessary to document compliance with Subpart K of
24 CFR 570; and
h) Real property inventory records which clearly identify properties
purchased, improved or sold. Properties retained shall continue to meet
eligibility criteria and shall conform to the “changes in use” restrictions
specified in 24 CFR 570.505, as applicable.
2. Retention
The Sub recipient shall retain all records pertinent to expenditures
incurred under this Agreement for a period of five (5) years. The retention period
Page 57 of 170
10
begins on the date of submission of the City/Grantee’s Consolidated Annual
Performance and Evaluation Report (CAPER) to HUD in which the activities
assisted under the Agreement are reported on for the final time. Records for non-
expendable property acquired with funds under this Agreement shall be retained
for five (5) years after final disposition of such property. Records for any
displaced person must be kept for five (5) years after he/she has received final
payment.
Notwithstanding the above, if there is litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started before
the expiration of the five-year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the five
year period, whichever occurs later.
3. Client Data-if applicable
The Sub recipient shall maintain client data demonstrating client eligibility
for services provided. Such information shall be made available to City/Grantee
monitors or their designees for review upon request. Such data shall include, but
not be limited to:
a) Client name;
b) Client address;
c) Members age or other basis for determining eligibility;
d) Description of services provided;
e) Dates services provided;
f) Beneficiary information (ethnicity, income, sex, female head of
household, elderly, disabled, etc.); and
g) Residence Addresses.
Such information shall be made available to City/Grantee monitors or their
designees for review upon request.
4. Disclosure
The Sub recipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the City/Grantee’s or Sub recipients
responsibilities with respect to services provided under this Agreement, is
prohibited unless written consent is obtained from such person receiving service
and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The Sub recipient’s obligation to the City/Grantee shall not end until all
close-out requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash
advances, program income balances, and accounts receivable to the
City/Grantee), and determining the custodianship of records.
Page 58 of 170
11
Notwithstanding the foregoing, the terms of this Agreement shall remain in
effect during any period that the Sub recipient has control over CDBG funds,
including program income. All financial records pertaining to this Agreement upon
completion shall remain the property of the City/Grantee.
C. Reporting and Payment Procedures
1. Program Income
The Sub recipient shall immediately report to the City/Grantee all program
income (as defined at 24 CFR 570.500(a)) generated by activities carried out
with CDBG funds made available under this Agreement. Program income
generally means gross income received by the Sub recipient, directly generated
from the use of CDBG funds, with some exceptions which are detailed in 24
C.F.R. §570.500. Program income includes, but is not limited to:
a) Payments of principal and interest on loans made using CDBG funds;
b) Proceeds from the disposition by sale or long-term lease of real
property purchased or improved with CDBG funds;
c) Proceeds from the disposition of equipment purchased with CDBG
funds;
d) Interest earned on program income pending its disposition; and
e) Interest earned on CDBG funds held in a revolving loan fund’s cash
balance interest bearing account.
The use of program income by the Sub recipient must be approved by the
City/Grantee prior to such use and must comply with the requirements set forth at
24 CFR 570.504. The Sub recipient may retain and use program income funds
only for the activity (ies) approved under this Agreement. Program income funds
should be held in a non-interest bearing account. If program income funds are
held in an interest bearing account, any interest earned on the program income
funds must be returned to the City/Grantee on a monthly basis. Receipt and
expenditures of program income funds shall be reported, in writing, at the time of
receipt and expenditure, along with supporting documentation. Program income
must be expended prior to drawing any remaining grant funds.
In the event the Sub recipient desires to use the program income for some
other activity, it must request and receive permission from the City/Grantee
before undertaking such a use. The City/Grantee will determine whether the
proposed use meets the eligibility criteria of the regulations established by the
CDBG funds, and notify the Sub recipient of either approval or disapproval. At
conclusion of the Agreement period, or in the case of disapproval, all program
income will be returned to the City/Grantee.
2. Payment Procedures
Draw-downs for the payment of eligible expenses and general
administration items shall be made against the line item budgets specified in the
Page 59 of 170
12
Scope of Service, and in accordance with performance. Payments shall be made
upon presentation of invoices that Sub recipient certifies are true and correct
copies of payments due on behalf of the Sub recipient for an activity covered by
this Agreement and made in accordance and compliance with the Scope of
Service. With the exception of certain advances, payments will be made for
eligible expenses actually incurred by the Sub recipient, and not to exceed actual
cash requirements. Payments will be adjusted by the City/Grantee in accordance
with advance fund and program income balances available in the Sub recipient
account. In addition, the City/Grantee reserves the right to liquidate funds
available under this Agreement for costs incurred by the City/Grantee on behalf
of the Sub recipient. Payment may be suspended by the City/Grantee in the
event of nonperformance by the Sub recipient. Payments may be contingent
upon certification of the Sub recipients financial management system in
accordance with the standards specified in 2 CFR 200, as now in effect and as
may be amended from time to time.
D. Procurement
1. Compliance
The Sub recipient shall comply with current City/Grantee policies
concerning the purchase of equipment and shall maintain inventory records of all
nonexpendable property as defined by such policies as may be procured with
funds provided herein. All program assets (unexplained program income,
property, equipment, etc.) shall revert to the City/Grantee upon termination of this
Agreement.
a. OMB Standards
The Sub recipient shall procure all materials, property, or services
and then shall subsequently follow all Property Standards as set out in
and in accordance with the requirements of 2 CFR 200, as now in effect
and as may be amended from time to time, including but not limited to the
requirements covering utilization and disposal of property.
b. Travel expenses
Travel and related expenses for travel outside the city limits of the
City of Grand Island Nebraska shall not be paid with funds provided under
this Agreement without prior written approval from the City/Grantee.
E. Use & Reversion of Assets
Sub recipient hereby agrees to use all personal assets and all real property,
acquired or improved, in whole or in part, with Community Development Block Grant
funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a
personal asset or real property acquired or improved with Community Development
Block Grant funds, in accordance with the Scope of Service, the use and disposition of
real property and equipment under this Agreement shall be in compliance with the
Page 60 of 170
13
requirements of 2 CFR 200, as now in effect and as may be amended from time to time,
and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not
limited to the following:
1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand
and any accounts receivable attributable to the use of funds under this
Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Sub-recipient’s control that was acquired or improved,
in whole or in part, with funds under this Agreement in excess of Fifteen
Thousand dollars ($15,000) shall be used to meet one of the CDBG
National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after
expiration of this Agreement. Real property acquired or improved, in whole or in
part, with funds under this Agreement between Seven Thousand and
One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to
meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten
(10) years after expiration of this Agreement.
3. Sub recipient hereby agrees to use all personal assets and all real property,
acquired or improved, in whole or in part, with Community Development
Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient
ceases to use a personal asset or real property acquired, or improved, with
Community Development Block Grant funds, in accordance with the Scope of
Service, the Sub recipient shall return the personal asset or real property to the
City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value,
less any portion of the value attributable to expenditures of non-Community
Development Block Grant funds for the acquisition of, or improvement to, the
asset or property. The Sub recipient shall transfer to the City/Grantee any
Community Development Block Grant funds on hand at the time of expiration of
this Agreement and any accounts receivable of Community Development Block
Grant funds.
Sub recipient also hereby agrees to enter into an Indenture of Restrictive
Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand
Island/Grantee at the time of real property purchase. In this Indenture, Sub
recipient agrees to represent, warrant and covenant throughout the term of the
Indenture that the land and/or facility purchased with CDBG funds will be used in
accordance with Section 42 of the United States Code. Further, Sub recipient
agrees that the use of such property may not change from that for which the
acquisition was made unless the Owner provides affected citizens with
reasonable notice of, and opportunity to comment on, any proposed change, and
either (1) the new use of such property qualifies as meeting one of the national
objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24
CFR, § 570.208), or (2) if the Owner determines, after consultation with affected
citizens, that it is appropriate to change the use of the property to a use which
does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the
property for the changed use if the Sub recipients CDBG program is reimbursed
Page 61 of 170
14
in the amount of the current fair market value of the property, less any portion of
the value attributable to expenditures of non-CDBG funds for acquisition of, and
improvements to, the property.
a) The Indenture of Restrictive Covenants shall terminate in the year
designated in the Restrictive Covenant according to the terms stated in
paragraph E above, based on the dollar amount of the funds granted, after
the first day of the Compliance Period (such period being herein referred
to as the “Compliance Period” or the “Extended Use Period”):
b) Notwithstanding paragraph “a” above, the Compliance period for any
building that is part of the Project shall terminate on the date the Project is
acquired by foreclosure or transferred by a deed or other instrument in lieu
of foreclosure unless the Secretary of the Treasury determines that such
acquisition is part of an arrangement with Sub recipient a purpose of
which is to terminate such Compliance Period.
4. In all cases in which equipment acquired, in whole or in part, with funds under
this Agreement is sold, the proceeds shall be program income (prorated to reflect
the extent that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Sub recipient for activities under this
Agreement shall be:
a. Transferred to the City/Grantee for the CDBG program, or
b. Retained after compensating the City/Grantee (an amount equal to the
current fair market value of the equipment less the percentage of non-
CDBG funds used to acquire the equipment).
SECTION IX.
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Sub recipient agrees to comply with:
A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR
570.606(b);
B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement
and Relocation Assistance Plan under (42 USC 5304(d)); and
C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The
City/Grantee may preempt the optional policies.] The Sub recipient shall provide
relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that
are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for
a CDBG-assisted project. The Sub recipient also agrees to comply with applicable
City/Grantee ordinances, resolutions, and policies concerning the displacement of
persons from their residences.
Page 62 of 170
15
SECTION X.
ASSURANCES
The Sub recipient hereby agrees to use Community Development Block Grant
funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby
agrees to comply with the assurances, attached hereto and incorporated herein which
are required by the U.S. Department of Housing & Urban Development for all
Community Development Block Grant projects. These include Federal Labor Standards
requirements.
SECTION XI.
PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Sub recipient hereby agrees to comply with all applicable state, local
and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended,
Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section
109 of Title I of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107, and 12086.
2. Nondiscrimination
The Sub recipient hereby agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive
orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.
The applicable non-discrimination provisions in (42 USC 5309 (a)) are still
applicable. Sub-recipients shall comply with state and local civil rights laws
proscribing housing discrimination based on sexual orientation or gender identity.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights
Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard
to the sale, lease or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, the Sub recipient shall cause or
require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination as herein defined, in the sale, lease or
rental, or in the use or occupancy of such land, or in any improvements erected
or to be erected thereon, providing that the City/Grantee and the United States
are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in
undertaking its obligation to carry out the program assisted hereunder, agrees to
Page 63 of 170
16
take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4. Section 504
The Sub recipient agrees to comply with all federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), which prohibits discrimination against the individuals with disabilities
or handicaps in any federally assisted program. The City/Grantee shall provide
the Sub recipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Agreement.
B. Equal Opportunity
1. Approved Plan
The Sub recipient hereby agrees that it shall be committed to carry out
pursuant to the City/Grantee’s specifications an Affirmative Action Program in
keeping with the principles as provided in President’s Executive Order 11246 of
September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines
to the Sub recipient to assist in the formulation of such program. The Sub
recipient shall submit a plan for an Affirmative Action Program for approval prior
to the award of funds.
2. Women-and Minority-Owners Businesses (W/MBE)
The Sub recipient will use its best efforts to afford small businesses,
minority business enterprises, and women’s business enterprises the maximum
practicable opportunity to participate in the performance of this Agreement. As
used in this Agreement, the terms, “small business” means a business that
meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and “minority and women’s business enterprise” means a
business at least fifty-one (51%) percent owned and controlled by minority group
members or women. The Sub recipient may rely on written representations by
businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
The Sub recipient shall furnish and cause each of its own sub recipients or
subcontractors to furnish all information and reports required hereunder and will
permit access to its books, records and accounts by the City/Grantee, HUD or its
agent, or other authorized federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Sub recipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity
or Affirmative Action employer.
Page 64 of 170
17
5. Subcontract Provisions
The Sub recipient will include the provisions of paragraphs, XI. A., Civil
Rights, and XI. B., Affirmative Action in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon each of
its own sub recipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Sub recipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for: political activities,
inherently religious activities, lobbying, political patronage, and nepotism
activities.
2. Labor Standards
The Sub recipient hereby agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as
amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and
Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal,
state and local laws and regulations pertaining to labor standards insofar as
those acts apply to the performance of this Agreement. The Sub recipient agrees
to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
Sub recipient shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made
available to the City/Grantee for review upon request. The Sub recipient agrees
that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.000 for construction, renovation or repair work
financed in whole or in part with assistance provided under this Agreement, shall
comply with federal requirements adopted by the City/Grantee pertaining to such
contracts and with the applicable requirements of the regulations of the
Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided that, if
wage rates higher than those required under the regulations are imposed by
state or local law, nothing hereunder is intended to relieve the Sub recipient of its
obligation, if any, to require payment of the higher wage. The Sub recipient shall
cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
3. “Section 3” Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended (12 USC 1701u), and as implemented by the
regulations set forth in 24 CFR 135, and all applicable rules and orders
Page 65 of 170
18
issued hereunder prior to the execution of this Agreement, shall be a
condition of the federal financial assistance provided under this
Agreement and binding upon the City/Grantee, the Sub recipient and any
of the Sub recipient’s sub recipients and subcontractors, their successors
and assigns, to those sanctions specified by the Agreement through which
federal assistance is provided. The Sub recipient certifies and hereby
agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The Sub recipient further agrees to comply with these “Section 3”
requirements and to include the following language in all subcontracts
executed under this Agreement: “The work to be performed under this
Agreement is a project assisted under a program providing direct federal
financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low and
very low-income residents of the project area, and that contracts for work
in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located.”
The Sub recipient further agrees to ensure that opportunities for
training and employment arising in connection with a housing rehabilitation
(including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project are given to low- and very
low-income persons residing within the metropolitan area in which the
CDBG funded project is located; where feasible, priority should be given to
low-and very low-income persons within the service area of the project or
the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead based paint hazards), housing construction, or
other public construction project to business concerns that provide
economic opportunities for low-and very low-income persons residing
within the metropolitan area in which the CDBG funded project is located;
where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low income residents within the
service area or the neighborhood in which the project is located and to
low-and very low-income participants in other HUD programs. The Sub
recipient certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
b. Subcontracts
The Sub recipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued
Page 66 of 170
19
by the grantor agency. The Sub recipient will not subcontract with any
entity where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR Part 135 and will not let any
subcontract unless the entity has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
This Agreement shall not be assigned or transferred by the Sub recipient
without the prior written consent of the City/Grantee; provided however, that
claims for money due or to become due to the Sub recipient from the
City/Grantee under this contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment
or transfer shall be promptly furnished in writing to the City/Grantee.
2. Subcontracts
a. Approvals
The Sub recipient shall not enter into any subcontracts with any
agency or individual in the performance of this Agreement without the prior
written consent of the City/Grantee prior to the execution of the
agreement.
b. Monitoring
The Sub recipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of monitoring efforts
shall be summarized in written reports and supported with documented
evidence of follow-up actions taken to correct areas of noncompliance.
c. Content
The Sub recipient shall cause all of the provisions of this
Agreement in its entirety to be included in and made a part of any
subcontract executed in the performance of this Agreement.
d. Selection Process
The Sub recipient shall undertake to insure that all subcontracts let
in the performance of this Agreement shall be awarded on a fair and open
competition basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be forwarded to
the City/Grantee along with documentation concerning the selection
process.
3. Hatch Act
The Sub recipient hereby agrees that no funds provided, nor personnel
employed under this Agreement, shall in any way or to any extent engage in the
conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
Page 67 of 170
20
4. Conflict of Interest
The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200,
as now in effect and as may be amended from time to time and 24 CFR 570.611,
which include (but are not limited to) the following:
a. The Sub recipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by federal
funds;
b. No employee, officer or agent of the Sub recipient shall participate in
the selection, or in the award, or administration of, a contract supported by
federal funds if a conflict of interest, real or apparent, would be involved;
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest in
any contract, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, or with respect to
the proceeds from the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a “covered person” includes but is not limited to any person
who is an employee, agent, consultant, officer, or elected or appointed
official of the City/Grantee, the Sub recipient, or any designated public
agency; and
d. The Sub recipient covenants that neither it nor any member of its Board
of Directors, officers, or employees presently have any interest in any
project to be financed under the Scope of Service, and shall not acquire
any interest therein which would conflict with the performance of the
Scope of Service required under this Agreement or applicable statute, rule
or regulation. Such a conflict would arise when: the employee, officer or
agent; any member of their immediate family; their partner; or an
organization which employs, or is about to employ, any of the above, has
a financial or other interest in the firm/household selected for award. The
Sub recipients officers, employees or agents will neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to sub-agreements during office tenure or for one
year after the closeout of the grant. This stipulation must be included in all
other contracts and subcontracts to this grant.
5. Lobbying
The Sub recipient certifies, to the best of its knowledge and belief, that:
Page 68 of 170
21
a. No federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub recipient, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, or the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan
or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
c. The Sub recipient shall require that the language of paragraph (d) of
this certification be included in the award documents for all sub-awards at
all tiers (including subcontracts, sub-grants, and contracts under grants,
loans, and co-operative agreements) and that all Sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S.C. Any person who
fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this Agreement results in any copyrightable material or inventions, the
Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive
and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
7. Religious Activities
The Sub recipient hereby agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24
CFR 570.200(j), such as worship, religious instruction, or proselytization.
SECTION XII.
ENVIRONMENTAL CONDITIONS
Page 69 of 170
22
A. Air and Water
The Sub recipient hereby agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C., 7401, et seq.;
2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq.,
as amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 308, and all
regulations and guidelines issued thereunder; and
3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead-Based Paint
The Sub recipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD
Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq.
Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead-based paint poisoning and
the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the
property, abatement measures may be undertaken. The regulations further require
that, depending on the amount of federal funds applied to a property, paint testing,
risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Sub recipient agrees to comply with the Historic Preservation requirements
set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470)
and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply
to the performance of this Agreement. In general, this requires concurrence from the
State Historic Preservation Officer for all rehabilitation and demolition of historic
Page 70 of 170
23
properties that are fifty years old or older or that are included on a federal, state, or local
historic property list.
SECTION XII.
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall nevertheless be
in full force and effect.
SECTION XIV.
SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this Agreement.
SECTION XV.
WAIVER
The City/Grantee’s failure to act with respect to a breach by the Sub recipient
shall not result in a waiver of its right to act with respect to subsequent or similar
breaches. The failure of the City/Grantee to exercise or enforce any right or provision
shall not constitute a waiver of such right or provision.
SECTION XVI.
ENTIRE AGREEMENT
The provisions set forth in Sections I-XVI, and all attachments of this Agreement
constitute, the entire agreement between the parties hereto and no statement, promise,
conditions, understanding, inducement or representation, oral or written, express or
implied, which is not contained herein shall not be binding or valid.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of
the most recent signatory.
Grantee: City of Grand Island, Nebraska
Date _____________________________ By_____________________________________
Roger G. Steele,
Mayor, City of Grand Island
Page 71 of 170
24
Attest:
_______________________________________
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
______________________________________________
Stacy R. Nonhof, Assistant City Attorney
Sub-Recipient: Hope Harbor, Inc.,
Date _____________________________ By____________________________________
Hope Harbor, Inc., Board President
Page 72 of 170
DEED OF TRUST
THIS DEED OF TRUST is made on April 17, 2023 the Trustor is Hope Harbor, INC. of
Grand Island, a Nebraska corporation, hereinafter referred to as “Borrower”. Trustee is Stacy
Nonhof, an attorney licensed to practice law in the state of Nebraska. The Beneficiary is THE
CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation, also referred to herein as
“Lender.” Borrower irrevocably conveys to Trustee, in trust, with power of sale, the following:
LOTS ONE (1) AND TWO (2) IN BLOCK EIGHT-FIVE (85), ORIGINAL TOWN
OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
Together with all the rents and profits therefrom and subject to easements and restrictions of
record, if any.
Borrower is indebted to Lender it the sum of One-Hundred and Ninety Five Thousand
Dollars and Zero cents. ($195,000.00), evidences by the Promissory Note Secured by Deed of
Trust (Hereinafter the “Note”) executed by Borrower contemporaneously with the execution of
the Deed of Trust.
This security instrument secures to Lender (1) the debt evidenced by said note, (2) the
payment of all other sums, with interest, advanced to under the terms hereafter provided to
protect, maintain, and preserve the Security, and (3) Borrower’s full and faithful performance of
each and every covenant set forth in this Deed of Trust.
Borrower covenants Borrower is lawfully seized of such real estate and has the legal
power and lawful authority to convey the same and warrants and will defend title to the real
estate against the lawful claims of all persons.
Page 73 of 170
BORROWER AND LENDER AGREE AS FOLLOWS
1. The debt evidenced by the Note Shall be forgiven or repaid as provided by the terms
contained in the Note
2. Borrower shall pay all general real estate taxes and special assessments against the
property before the same become delinquent.
3. Borrower shall keep the improvements on said premises insured against loss by fire and
hazards included within the term “extended coverage” for their insurable value and
policies for the same shall include a standard mortgage clause showing Lender herein. In
event of loss, Lender may make proof of loss if not promptly made by Borrower.
Insurance proceeds shall be applied to restoration or repair of the property damaged,
unless both parties otherwise agree, except of restoration or repair is not economically
feasible or Lender’s security is not lessened, otherwise said proceeds shall be paid on the
debt herein, whether or not then due.
4. If Borrower fails to perform the covenants and agreements herein contained. Lender may
do and pay for whatever is necessary to protect the value of the property and Lender’s
rights in the property, including paying of any sum secured by a lien which has priority
over this security instrument. Appearing in Court paying reasonable attorney fees and
entering the property to make repairs. Any amount disbursed by Lender under this
paragraph shall become an additional debt of Borrower secured by this security
instrument, to bear interest from the date of disbursement and said amount, together with
the then unpaid principal amount, shall bear interest at the highest lawful rate until
refunded by Borrower
5. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender
and shall be applied to the Sums secured by this security instrument, whether or not then
due, with any excess paid to Borrower.
6. Any extensions or modifications of the forgivable loan granted by Lender to any
successor in interest of Borrower shall not operate to release the liability of the original
Borrower or Borrower’s successors in interest. Any forbearance by Leander in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or
remedy.
Page 74 of 170
7. This security instrument and the note which it secures shall be governed by Nebraska
Law.
8. Lender shall give notice to Borrower following Borrower’s breach of any covenant or
agreement in this security agreement and the note which it secures. The notice shall
specify (a) the default, (b) the action required to cure default, (c) a date not less than 30
days from the date the notice is given to Borrower by which the default must be cured,
and (d) that failure to cure the default on or before the date specified in the notice may
result in acceleration of the sum secured by this security agreement and resale of the
property. The notice shall further inform Borrower of the right to reinstate, after
acceleration, and the right to bring a court action to assert the nonexistence of a default or
any other defense of Borrower to acceleration and sale. If default is not cured, on or
before the date specified in the notice, Lender at its option, may require immediate
payment in full of all sum secured by this Security agreement, and in accordance with the
amortization schedule, without further demand and may invoke the power of sale and any
other remedies permitted by Nebraska Law, Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this paragraph, including but not
limited to reasonable attorney fees and cost of title evidence.
9. If the power of sale is invoked, Trustee shall record a notice of default in each county in
which any part of the property is located and shall mail copies of such notice in the
manner prescribed by Nebraska Law. Trustee shall give public notice of sale to the
persons and in the manner prescribed by Nebraska Law, Trustee, without demand on
Borrower. Shall sell at public auction to the highest bidder at the time and place and
under the terms designated in the notice of sale in one or more parcels and in any order
Trustee determines. Trustee may postpone sale of all or any parcel of the property by
public announcement at the time and place of any previously scheduled sale. Lender or
its designee may purchase the property at any sale. Upon receipt of payment of this price
bid, Trustee shall deliver to the purchase Trustee’s Deed conveying the property. The
recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements
made therein. Trustee shall apply the proceeds of sale in the following order: (a) to all
expenses of the sale including, but not limited to, Trustee’s fees as permitted by Nebraska
Law and reasonable attorney fees, (b) to all sums secured by this security agreement, and
(c) any excess to the person or persons legally entitled to it.
10. Upon acceleration under paragraph 8 or abandonment of the property, Lender (in person,
by agent, or by judicially appointed receiver) shall be entitled to enter upon, take
possession of and manage the property and to collect the rents of the property including
those past due. Any rents collected by Lender or the receiver shall be applied first to the
pay most of the costs of management of the property and collection of rents including ,
Page 75 of 170
but not limited to, receiver’s fees, premiums on receiver’s bonds and reasonable attorney
fees, and then to the sums secured by this security instrument.
11. Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the
property and shall surrender this security instrument and the note secured. Trustee shall
reconvey the property without warranty and without charge to the persons legally entitled
to it.
12. Lender, at its option, may from time to time remove Trustee and appoint a successor
Trustee by an instrument recorded by the county in which this security instrument is
recorded. Without conveyance of the property, the successor Trustee shall succeed to all
the title, power and duties conferred upon Trustee herein and by Nebraska Law.
13. Any notice to Borrower provided for in this security instrument shall be given by
delivering it or may mailing it by first class mail unless Nebraska Law requires use of
another method, at which the Borrower’s last known address. Borrower requests that
copies of all notices provided herein be sent to Borrower’s address and Guarantor’s
address, which are:
Hope Harbor, Inc.
615 w. First Street,
Grand Island, NE 68801
14. Lender request that copies of all notices provided herein be sent to Lender’s address
which is:
City of Grand Island
Attn: Community Development Division
P.O. Box 1968
Grand Island, NE 68802
(308)385-5444 ext. 212
Hope Harbor, Inc.
By
Hope Harbor, Inc., Board President
Page 76 of 170
STATE OF NEBRASKA)
)
Hall County )
The foregoing instrument was acknowledged before me on , 2023 by first,
last name, board president of the Hope Harbor, Inc., a Nebraska corporation, on behalf of the
corporation.
Notary Public
Page 77 of 170
PROMISSARY NOTE SECURED BY DEED OF TRUST
Grand Island, Nebraska
$195,000.00 , 2023
The undersigned hereinafter called the “maker” whether one or more, for value received,
hereby promise to pay to the City of Grand Island, Nebraska (Hereinafter called City), at its
offices at 100 East First Street, Grand Island, Nebraska the sum of One-Hundred and Ninety-
Five Thousand dollars and Zero cents ($195,000.00) in forgivable annual installments as follows:
$19,500 on April 17, 2024 and the same amount on the 17 day of April each calendar year
thereafter.
1. Annual payment forgiveness. Annual payments shall be forgiven at the rate of 10%
percent per year contingent upon complete and full satisfaction of the following terms
and conditions during the entire twelve (12) month period immediately preceding the
annual payment due date:
a. Should Maker be purchased, absorbed or merged with any other person or
entity the terms of this Agreement shall continue to be in full force and effect
on any such purchaser or successor entity.
b. Should Maker cease operations in the City of Grand Island before April 17,
2033 any monies disbursed by the City and not forgiven pursuant to the terms
of this agreement shall become immediately due and owing to the City.
c. Should any provision of the Sub-recipient agreement, executed on April 17,
2023 be declared void or illegal by court of law, all other unaffected
provisions shall remain in full force and effect.
Page 78 of 170
Year Amount forgiven Amount remaining
1 – April 17, 2024 $19,500.00 $175,500.00
2- April 17, 2025 $19,500.00 $156,000.00
3-April 17, 2026 $19,500.00 $136,500.00
4- April 17, 2027 $19,500.00 $117,000.00
5- April 17, 2028 $19,500.00 $97,500.00
6- April 17, 2029 $19,500.00 $78,000.00
7- April 17, 2030 $19,500.00 $58,500.00
8- April 17, 2031 $19,500.00 $39,000.00
9-April 17, 2032 $19,500.00 $19,500.00
10- April 17, 2033 $19,500.00 $0.00
2.Acceleration upon Default. At the option of the holder hereof, this note and all other
liabilities of the Maker to the holder howsoever created, whether now existing or
hereafter arising and whether due or to become due (this note and all such other
liabilities being hereinafter called the “obligations”), shall become immediately due
and payable without notice or demand upon the occurrence of any of the following
events of default:
a. Failure of any Maker to comply with any of the promises contained in this
note or to Pay or Preform any other Obligation of the Maker to the Holder as
set forth in the Deed of Trust executed by Maker contemporaneously with the
execution of this note.
b. Any transfer of ownership of the real property securing this note;
c. Any warranty, representation or statement made or furnished to the City by or
on behalf of the Maker in connection with this note or to induce the City to
make a loan to the Maker proves to have been false in any material respect
when made or furnished.
3.Wavier. No delay or omission on part of the holder in exercising any right hereunder
shall operate as a waiver of such right or of any other right under this note. A waiver
on any one occasion shall not be constructed as a bar to or waiver of any right and/or
remedy on any future occasion.
4.Waiver of Protest. Every Maker, endorser and guarantor of this note, or the
obligations represented hereby, expressly waives presentment, protest, demand,
notice of dishonor or default, and notice of any kind with respect to this note or any
guaranty of this note or the performance of the obligations under this note or any
guarantee of this note. No renewal or extension of this note, no release or surrender
on any collateral or other security for this note or any guaranty of this note, no release
of any person, primarily or secondarily liable on this note(including any Maker,
endorser or guarantor), no delay in the enforcement of payment of this note or any
guaranty of this note, no delay or omission in exercising any right or power under this
Page 79 of 170
note or any guaranty of this note shall affect the liability of any Maker, endorser or
guarantor of this note.
5.Meaning of Terms. As herein used the word “holder” shall mean the payee or other
indorse of this note, who is in possession or the bearer hereof, if this note is at the
time payable to the bearer. As used herein the word “Maker” shall mean each of the
undersigned. If this note is signed by more than one person, it shall be the joint and
several liabilities of such persons.
Hope Harbor, Inc.
By
Hope Harbor, Board President
Page 80 of 170
R E S O L U T I O N 2023-95
WHEREAS, the City of Grand Island, Nebraska was awarded a $365,907 as part of the
United States Department of Housing and Urban Development’s Community Development
Block Grant (CDBG) Program annual allocation; and
WHEREAS, City Council approved the submittal of the 2022-2023 Annual Action Plan
where it lists projects to be funded with the 2022 annual allocation; and
WHEREAS, the land acquisition project to be implemented by Hope Harbor was
included as a use of the 2022 CDBG Funds; and
WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization
identified to receive funding in the 2022-2023 Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that The City of Grand Island, Nebraska is
hereby authorized to enter into a Sub-Recipient Agreement with Hope Harbor, Inc.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Sub-
Recipient Agreement with Hope Harbor, and to take all other actions necessary to effect the
purpose of this resolution..
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 81 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.j.
Subject: #2023-96 - Approving Amendment of the CDBG 2022 Annual Action Plan
Staff Contact: Amber Alvidrez
BACKGROUND: Grand Island became an Entitlement Community in September 2015.
A large part of the planning process for this Community Development Block Grant
(CDBG) model is the creation of the 3, 4 or 5-year Consolidated Plan, and the Annual
Action Plan. The Consolidated Plan represents the City’s goals for CDBG funding in
broad scope, it identifies the areas and focus of CDBG priorities.
The Annual Action Plan breaks down the priorities and lists specific dollar amounts for
projects that will be funded in the assigned year. A separate Annual Action Plan is
prepared for each Program Year.
DISCUSSION: Currently, the City of Grand Island has $252,298.59 of unallocated
funds from previous annual allocations. These funds are an accumulation from past
program year allocations, and are the direct result of projects that did not fully utilize a
grant award or projects that were no longer able to move forward. The Community
Development Division recommends submitting a substantial amendment to HUD on the
2022 annual action plan to allocate these funds to an already approved project within
the approved Annual Action Plan.
Projects that have been previously approved to receive funding within the current 2022-
2023 Annual Action Plan are below:
$55,000- Program Administration
$70,907- City of Grand Island Park playground projects
$20,000- Downtown Business Improvement District Railside’s Small Business Rental
Assistance
$25,000- Central Nebraska Community Action Partnership- emergency payment
program
$195,000- Hope Harbor Land Acquisition
Page 82 of 170
Total: $365,907
This substantial amendment will change City of Grand Island Park Playground projects
CDBG funding from $70,907 to $323,205.59. These funds will be used to update and
replace playground equipment and surfaces in parks that are within low to moderate
income areas. The amendment to the current Annual Action Plan will be on Page 15.
The AP-15 expected resources will include prior year resources, as well as page 20 to
the AP-35 Project Summary page 20 will reflect the change in funding amount.
FISCAL IMPACT:
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
RECOMMENDATION: City Administration recommends that the Council accept the
Substantial Amendment to the 2022 Annual Action Plan for CDBG Activities.
SAMPLE MOTION: Move to accept the Substantial Amendment to the 2022 Annual
Action Plan for CDBG Activities.
ATTACHMENTS:
1. Amended 2022 Annual Action Plan
2. Resolution
Page 83 of 170
Annual Action Plan 1
OMB Control No: 2506-0117 (exp. 06/30/2018)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The 2022 Annual Action Plan is a document which works within and coordinates with the 2019-
2023 Consolidated Plan. These documents provide the United States Department of Housing
and Urban Development (HUD) with information on the City of Grand Island's intended use of
funds which have been awarded to the City through HUD's Community Development Block
Grant (CDBG) program. The City allocates the annual funding from these programs to public,
private or non-profit parties consistent with HUD program goals and requirements. CDBG
program objectives include providing decent housing, creating suitable living environments,
and expanding economic opportunities. Through a review of housing market, community
development, homeless needs, and economic development data and an evaluation of past
performance in the City's HUD funded programs, the City has developed the following priority
needs for the use of these funds:
•Increase and Quality & Affordable Housing Options
•Cultivate Small and Emerging Businesses
•Support Public Services for Neighborhoods and Vulnerable Populations
The City of Grand Island’s Consolidated Plan follows requirements of the U.S. Department of
Housing and Urban Development (HUD), and uses HUD's format and data tables required for
the plans. Grand Island's Consolidated Plan is implemented and updated through Annual Action
Plans and Consolidated Annual Performance Evaluation Reports (CAPER). The Action Plans
establish the priority for projects and funding for the upcoming year. The CAPER report details
the results of funded projects during the individual project years.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
Page 84 of 170
Annual Action Plan 2
OMB Control No: 2506-0117 (exp. 06/30/2018)
The Annual Action Plan defines the one-year activities in relationship to the five- year goals of
the Consolidated Plan Covering 2019-2023. Below is a brief description of the anticipated
outcomes in response to each proposed Consolidated Plan goal.
1. Increase Quality and Affordable Housing Options
a. At this time no new housing programs have been funded as a part of the 2022
Annual action plan. The City has housing programs that are currently still in
progress from previous years such as the Housing Improvement Partnership’s
Housing Rehab program that is being implemented by the Habitat for Humanity.
The previously stated programs anticipate the rehab of 4-10 homes within the
community.
2. Cultivate Small and Emerging Businesses
a. Railside Small Business Rental Assistance will provide new or small business aid
in the form of rental assistance, if occupying a space in the blighted and
substandard area number one within the City of Grand Island. The anticipated
outcome of this project is that 8-10 quality business candidates will be
recruited/supported while starting or expanding a new business in the down
town area of Grand Island. The candidates go through a rigorous application
process that involves, aid that is free of charge to create extensive business plans
and pro forma in order to educate owners to aid in successful small businesses
from the UNO business office located in Grand Island.
3. Support Public Services for Neighborhoods and Vulnerable populations.
a. Central Nebraska Community Action Partnership (CNCAP) was allocated funds
from the 2022 annual action plan. CNCAP plans to use funds to aid LMI clientele
with emergency rent. Mortgage and utility assistance.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
This is an evaluation of the past performance that helped the City of Grand Island in
determining its project/activities for the 2021 program year. A more detailed evaluation of past
performance is documented in the City’s 2019 and 2020 Consolidated Annual performance and
Evaluation Review (CAPER).
Below are the accomplishments that were allocated funds from previous years but had
accomplishments throughout the 2019 program year.
Page 85 of 170
Annual Action Plan 3
OMB Control No: 2506-0117 (exp. 06/30/2018)
•Railside Downtown Business Improvement District’s Small business Rental Assistance
program was able to utilize CDBG funds to aid 1 small business to open doors or expand
in the down town area of Grand Island throughout the 2019 program year totaling 11
since funds were allocated in 2016.
•Hope Harbor a local Women’s Shelter partnered with more than 30 other agencies to
implement Project Connect. Project Connect is a daylong event were homeless and near
homeless can receive much needed medical, dental, and social services at little to no
cost. The event served a total of 202 households, resulting in 514 individuals receiving
services.
•Heartland United Way was able to implement two COVID-19 related programs an
emergency payment program and Protect GI to offer Sanitization items to those in need.
From January 1, 2021 to March 31, 2021 the Heartland United way was able to assist 17
households with the use of Emergency assistance program and the Protect GI was able
to assist 9,146 individuals by providing items such as hand sanitizers, Sanitizer
dispensers on stands, sanitizing wipes, disposable masks, reusable masks and printed
health and safety resources.
•Central Nebraska Community Action Partnership also was allocated funds for emergency
payment program and was able to assist 49 clients from December 1, 2020- April 30,
2021. Funds were used to assist residents with rent arrears, past due mortgage
payments, utility payments and past due utility payments.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The City of Grand Island’s CPP sets forth the policies and procedures for:
•Giving citizens timely notice and access to local meeting and information relating
the city’s proposed use of federal funds.
•Conducting public hearings meetings,
•Addressing the needs of non-English speaking residents
•Responding to citizen complaints and grievances,
•Encouraging citizen participation among the City’s low to moderate income
persons and households.
The City of Grand Island’s most recent version of the Citizen Participation Plan was formally
adopted and approved by the City Council on May 26, 2020.
Page 86 of 170
Annual Action Plan 4
OMB Control No: 2506-0117 (exp. 06/30/2018)
Citizens are encouraged to participate in the planning process through public meetings and
hearing held before the submission of the 2022 Annual Action Plan.
Citizen participation activities:
•January 15-March 15, 2022- Community development Division accepted applications for
Funding.
•May 26, 2022- Public meeting- applicant’s presented their proposals and were available
to answer questions, committee also made funding recommendations to present to City
Council within the 2020 Annual Action Plan.
•June 2, 2022- Public Meeting was held- Entitlement Stakeholders committee discussion
project proposals and potential funding amounts.
•June 21, 2022 Public Meeting- Entitlement Stakeholders committee discussion project
proposals and potential funding amounts.
•July 11-August 9, 2022 30 day public comment- City’s Community Development Division
will accept comments from the general public.
•August 9, 2022- Public hearing and City Council approval of the 2022 Annual Action Plan.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
7. Summary
Page 87 of 170
Annual Action Plan 5
OMB Control No: 2506-0117 (exp. 06/30/2018)
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant
program and funding source.
Agency Role Name Department/Agency
Community development Administrator Amber Alvidrez Community Development Division
Table 1 – Responsible Agencies
Narrative (optional)
Consolidated Plan Public Contact Information
Amber Alvidrez
Community Development Administrator
City of Grand Island
100 East First Street
Grand Island, NE 68802-1968
308-385-5444 ext. 212
Ambera@grand-island.com
Page 88 of 170
Annual Action Plan 6
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City of Grand Island adopted a Citizen Participation Plan to ensure consistent outreach
efforts within the community and utilizes the plan during the development of the 2022Annual
Action Plan. The City coordinated with local non-profits, housing providers, private developers
and local employers while developing the 2019-2023 Consolidated plan goals and develops
programs that will help meet the goals identified in the consolidated plan. The City of Grand
Island has a unique committee that acts as the review board and makes recommendation to
City Council for funding allocations, this committee is known as the Entitlement Stakeholders
and is comprised of representation from the 5 local organizations listed below and 2 members
from City administration/ City Council:
•Grand Island Area Economic Development Corporation
•Grow Grand Island
•Grand Island Area Chamber of Commerce
•Community Redevelopment Authority
•Hall County Housing Authority
•City Administration
•City Council
By using the representation of these organizations the City is able obtain a diverse set of views
to help meet the community needs while planning the Annual Action Plan. All meetings of the
Entitlement Stakeholders committee follow the Nebraska open Meetings Act allowing for
citizen participation.
The City of Grand Island‘s Regional Planning department does have a Hazard mitigation plan
that is updated every 5 years. The purpose of this plan is to produce a program of activities that
will best tackle Hall County’s hazard and flood problems and meet other, community-specific
needs. Another item that analyzes Hazard mitigation is the Hall County’s Local Emergency
Planning Committee (LEPC) which is committed to improve the public’s awareness of possible
chemical hazards located in Hall County, and to ensure the proper resources and planning
regarding the safety of our communities.
The City of Grand Island has recognized the issues surrounding the availability of broadband in
our community. While there are multiple internet service providers within Grand Island that
offer high speed internet in the form of Cable and DSL some households may not be served
due to a variety of different issues. Although it can be presumed that household income is one
Page 89 of 170
Annual Action Plan 7
OMB Control No: 2506-0117 (exp. 06/30/2018)
of the main issues, at this time there is no one entity in the City who has documented
information on the amount of low income households that do or do not have internet services
within their home. The City of Grand Island, Public Library and Public Schools all are working
towards making sure low income families have access to broadband. The Public Schools within
Grand Island currently supplies Ipad tablets to all students that are enrolled in the 6th grade or
higher, each tablet has the possibility to link to other wireless connection networks and allows
for the students to use the tablet in other locations outside of school. The Public schools does
offer a program for severely low income families and currently provides internet connect for
around 50 households in Grand Island. If a family does not have internet connection within
their home they may visit one of the many restaurants, shopping areas and/or the local Library.
The Grand Island Public Library currently offers free wireless internet to any resident of Grand
Island when they visit the Library. The Library is currently working on starting a new program
that will include mobile libraries with books and internet that can be set out in different
neighborhoods within the community that are in need. The City is always on the lookout for
ways that may help narrow the digital divide with the use of CDBG funds as well as utilizing
other funding sources as well.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l))
Throughout the process of developing the Annual Action Plan, the City provides opportunities
for the public to give input and feedback at public meetings and through public comment
periods. There is a representative at every public meeting from the Hall County Housing
Authority and other non-profit agencies are invited to join. By having the Entitlement
Stakeholders Committee the City is able to have a coordinated approach when developing the
Annual Action Plan and to ensure that available resources are fully utilized and leveraged.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Community Development Division staff participates with the area’s service providers to
enhance the community's comprehensive Continuum of Care system to end homelessness and
meet the needs of vulnerable populations within the City. This dynamic partnership includes
Page 90 of 170
Annual Action Plan 8
OMB Control No: 2506-0117 (exp. 06/30/2018)
collaborative efforts of a variety of community groups, government agencies and a coalition of
more than 40 public service providers.
Additionally, the City of Grand Island enhances coordination of public, private, and non-
housing providers, human service agencies, and social service providers through the following
actions:
•Continues to work closely with the Hall County Housing Authority in addressing low-
income housing needs
•Prioritize housing needs, provide services, and maximize the use of federal, state, and
local funds for affordable housing, community development, and related services
through the creation of the Housing Improvement Partnership.
•Participating in coordinated efforts for services assisting low-income, at-risk, and
homeless individuals and families.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The City of Grand Island does not receive ESG funds.
Page 91 of 170
Annual Action Plan 9
OMB Control No: 2506-0117 (exp. 06/30/2018)
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdiction’s consultations with housing, social service agencies and other
entities
The City of Grand Island does not directly receive ESG funds.
Page 92 of 170
Annual Action Plan 10
OMB Control No: 2506-0117 (exp. 06/30/2018)
Table 2 – Agencies, groups, organizations who participated
Table 3 – Agencies, groups, organizations who participated
Agency/Group/Organization Hall County Housing
Authority
Agency/Group/Organization Type Housing
PHA
What section of the Plan was addressed by Consultation?Housing Need Assessment
Public Housing Needs
Market Analysis
Economic Development
1
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Consulted during 2022
Annual Action plan
preparation process.
Agency/Group/Organization Hall County Regional
Planning Commission
Agency/Group/Organization Type Regional organization
Planning organization
What section of the Plan was addressed by Consultation?Housing Need Assessment
Market Analysis
Economic Development
2
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Consulted during
2022Annual Action plan
preparation process.
Agency/Group/Organization Grand Island Chamber of
Commerce
Agency/Group/Organization Type Business Leaders
What section of the Plan was addressed by Consultation?Housing Need Assessment
Market Analysis
Economic Development
3
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Consulted during 2022
Annual Action plan
preparation process.
Agency/Group/Organization Grand Island Area Economic
Development Corporation
4
Agency/Group/Organization Type Business Leaders
Page 93 of 170
Annual Action Plan 11
OMB Control No: 2506-0117 (exp. 06/30/2018)
What section of the Plan was addressed by Consultation?Housing Need Assessment
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Consulted during 2022
Annual Action plan
preparation process.
Identify any Agency Types not consulted and provide rationale for not consulting
No agencies were intentionally omitted.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of
Plan
Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each
plan?
Continuum
of Care
The Region 2 CoC has completed its 2022 Point-in-Time survey in
January 2022. A total of 72 persons making up 60 households were
identified as homeless. Of these individuals, 55 people were over the
age of 24, 6 people were between the ages of 18-24 and 11 people
were under the age of 18. At this time
The local CoC which meets monthly to have a coordinated outreach
approach for services identifies homelessness, rapid rehousing and
homelessness prevention as a priority of the group. The attending
service providers help strengthen the Continuum of Care strategy.
Table 4 – Other local / regional / federal planning efforts
Narrative (optional)
Point In time tables from University of Nebraska-Lincoln, Center on Children, Families and the Law are
attached at the end of the document labeled as Attachment I for viewing.
Page 94 of 170
Annual Action Plan 12
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The City of Grand Island’s existing Citizen Participation Plan was reviewed and utilized during
the creation of the 2022 Annual Action Plan. A draft Annual Action Plan was made available for
review before being adopted by the City of Grand Island and subsequently being submitted to
HUD.
Opportunities for citizen involvement occur in the initial stages of developing the Annual Action
Plan as well as during the implementation of activities. All meetings of the Entitlement
Stakeholders Committee must following the Nebraska Open Meetings Act, and welcomes
members from the community to participate in meetings where plans are discussed.
The opportunities include:
•Participation in public hearings to discuss needs, available funds and
project/program activities
•Participation in meetings with committees and focus groups involved in planning
housing and community development activities
•Review and comment on proposed plans and activities such as:
o The Fair Housing Plan- Analysis of Impediments and Housing Study
o The Citizen Participation Plan
o The Consolidated Plan
o The Annual Action Plan
o Consolidated Annual Performance and Evaluation Report(CAPER)
Page 95 of 170
Annual Action Plan 13
OMB Control No: 2506-0117 (exp. 06/30/2018)
Citizen Participation Outreach
Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atte
ndance
Summary of
comments re
ceived
Summary of co
mments not
accepted
and reasons
URL (If
applica
ble)
1 Public
Meeting
Non-
targeted/bro
ad
community
5/26/2022
Public
Meeting-
applicants
presented the
proposals to
the
Entitlement
stakeholders.
Committee
discussion
funding
recommendati
ons for 2022
AAP.
No comments
were
submitted
No comments
were submitted
N/A
2 Public
Meeting
Non-
targeted/bro
ad
community
6/2/2022
Public
Meeting-
Entitlement
stakeholders.
Committee
discussion
funding
recommendati
ons for 2022
AAP.
No comments
were
submitted
No comments
were submitted
N/A
4 Public
Meeting
Non-
targeted/bro
ad
community
6/21/2022
Public
Meeting-
Entitlement
stakeholders.
Committee
discussion
funding
recommendati
ons for 2022
AAP.
No comments
were
submitted
No comments
were submitted
N/A
Page 96 of 170
Annual Action Plan 14
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atte
ndance
Summary of
comments re
ceived
Summary of co
mments not
accepted
and reasons
URL (If
applica
ble)
4 Public
Comment
Non-
targeted/bro
ad
community
July 10-August
9, 2022 : 30
day public
comment
period,
Community
development
division will
accept
comments
from general
public on the
2022 Annual
Action Plan
7 Public
Hearing
Non-
targeted/bro
ad
community
8/9/2022
public hearing
at regularly
scheduled City
Council
meeting and
City Council
Approval of
Plan for
submittal to
HUD
Table 5 – Citizen Participation Outreach
Citizen Participation Summary, Notices, Entitlement Stakeholder’s Committee meeting agendas
and minutes as well as City Council agenda are attached at the end of the document and
labeled, for viewing.
Page 97 of 170
Annual Action Plan 15
OMB Control No: 2506-0117 (exp. 06/30/2018)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of Grand Island’s CDBG allocation for FY 2022 is $356,907. The City proposes the use of the
funds, be used for Public facilities, economic development activities, public services and program
administration. Throughout the 2019 program year the City of Grand Island restructured our current
Revolving Loan Fund to allow financial aid to local small businesses in smaller funding awards with a
commitment to repay 50% of awarded funds back to the Revolving Loan Fund. This was meant to help
local small businesses within Grand Island overcome hardships due to COVID 19. Due to this, the
businesses who were awarded funds will be making payments back to the City of Grand Island, the City
estimates approximately $20,000 will be replaced back into the Revolving Loan Fund throughout the
program year.
At this point and time, the City of Grand Island is not receiving HOME funds or ESG funds.
Anticipated Resources
Expected Amount Available Year 1ProgramSource
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
CBDG Public-
federal
Acquisition
Admin and
Planning
Economic
Development
Public
Improvements
Public
Services
365,907 20,000 252,298.59 Funds being
returned to
the
Revolving
Loan fund
are a part of
an economic
development
program but
have not
been
committed
to a specific
for profit-
agency.
Table 6 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local
Page 98 of 170
Annual Action Plan 16
OMB Control No: 2506-0117 (exp. 06/30/2018)
funds), including a description of how matching requirements will be satisfied
At this time the City of Grand Island does not require a local match from sub grantees although
the City plans on using funds, whenever possible, to assist community groups and organizations
in leveraging resources. This means the City will consider projects a priority if the CDBG funds
will be used as a leverage to further secure additional funding to conduct a project on a scale
much larger than would have been possible with CDBG funds alone.
Within this plan the City has allocated funds to Hope Harbor a local Women’s and family
homeless shelter. These funds will be used in the acquisition of land. Hope Harbor will secure
approximately 50% of the cost of the land from other sources to partner which the CBDG funds
to help meet future needs within our community.
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
The Community Redevelopment Authority (CRA) currently owns a single property in the City of Grand
Island. The CRA is an entity that operates separate from the City, but it is managed by Chad Nabity, the
Regional Planning Director for the City of Grand Island. This property could be used in future
development to help fulfill the goals expressed in the consolidated plan. It is, however located on a
prominent corner at one of the City entrances and is likely to be developed for commercial purposes.
The City of Grand Island has a long term plan for upgrading all public sidewalks in the City for ADA
Accessibility. These improvements will occur with the publicly owned right-of-way. These activities
specifically support our goal to “Support Public Services for vulnerable population”.
Discussion
No further discussion necessary.
Page 99 of 170
Annual Action Plan 17
OMB Control No: 2506-0117 (exp. 06/30/2018)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Increase and
Preserve
Affordable
Housing
2019 2023 Affordable
Housing
N/A N/A 0 No housing
programs were
funded with the
use of the 2022
Annual Action
funds.
2 Cultivate Small
and Emerging
Businesses
2019 2023 Non-Housing
Community
Development
Blight and
Substandard
Area #1
Eliminate
Slum and
Blight
20,000 Economic
development
activities:
minimum of 2
small businesses
assisted
3 Support Public
Services for
Vulnerable
Population
2019 2023 Non-Housing
Community
Development
Special needs
populations
City of
Grand Island
Census
tract: 00100
block group
1
Benefit
LMI
25,000 Public service
activities other
than
Low/Moderate
Income Housing
Benefit: 52
4 Renovation 2019 2023 Non-housing
Community
Development
City of
Grand Island
LMI
Benefit
265907 Low/moderate
income persons
benefited
1,000
5 Program
Administration
2019 2023 55,000 Other
Table 7 – Goals Summary
Goal Descriptions
Page 100 of 170
Annual Action Plan 18
OMB Control No: 2506-0117 (exp. 06/30/2018)
Goal Name Increase and Preserve Affordable Housing1
Goal Description
Goal Name Cultivate Small and Emerging Businesses2
Goal Description
Goal Name Support Public Services for vulnerable population3
Goal Description
Projects
AP-35 Projects – 91.220(d)
Introduction
The City of Grand Island Identified program year 2022 Annual Action Plan projects below.
Projects
#Project Name
1 Program Administration
2 Park and playground improvements
3 CNCAP- Rent, Mortgage and Utility assistance
4 Railside
5 Hope Harbor Land Acquisition
Table 8 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City of Grand Island continues to select projects that not only continue to make progress towards
goals that were stated in the 2019-2023 Consolidated Plan, but also projects that will have an
sustainable impact on the City while moving forward with the growth of the population.
Page 101 of 170
Annual Action Plan 19
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-38 Project Summary
Project Summary Information
Project Name Program Admin
Target Area City of Grand Island
Goals Supported Increase and Preserve Affordable Housing
Provide Supportive Services for At-Risk & Homeless
Revitalize Neighborhoods & Districts
Program Administration
Needs Addressed Increase Quality & Affordable Housing Options
Cultivate Small and Emerging Businesses
Support Public Services for Neighborhoods
Improve Public Facilities
Create Re-Investment Opportunities in Downtown
Funding 55,000
Description Project cost associated with managing CDBG grant funds
Target Date September 30, 2023
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description City of Grand Island
1
Planned Activities Program Administration
2 Project Name Park and Play Ground improvements
Page 102 of 170
Annual Action Plan 20
OMB Control No: 2506-0117 (exp. 06/30/2018)
Target Area City of Grand Island
Goals Supported
Provide Supportive Services for At-Risk & Homeless
Revitalize Neighborhoods & Districts
Needs Addressed
Cultivate Small and Emerging Businesses
Support Public Services for Neighborhoods
Funding 323,205.59
Description Grace Abbott is a neighborhood park that is located in the census tract 3 block group 2 which has a
Low to moderate income area percentage of 73% and Lincoln Park located in Census Tract 2 Block
Group 4 with a low to moderate income area percentage of 75.83 both of these parks are in need
of updated equipment that is ADA accessible to meet the diverse needs of the neighborhoods that
utilize the playgrounds. These funds will be use to replace existing playground equipment with
newer more accessible equipment.
Target Date September 31, 2023
Estimate the number and type
of families that will benefit
from the proposed activities
1265 persons
Location Description Within the corporate City Limits of Grand Island, Nebraska.
Planned Activities Replace current playground equipment.
Project Name Central Nebraska Community Action Partnership3
Target Area City of Grand Island
Page 103 of 170
Annual Action Plan 21
OMB Control No: 2506-0117 (exp. 06/30/2018)
Goals Supported
Provide Supportive Services for At-Risk & Homeless
Needs Addressed Support Public Services for Neighborhoods
Funding 25,000
Description CNCAP will aid families with children, single persons, adult couples, elderly, mentally disabled, persons
with addiction and veterans who are in need of emergency payments for Mortgage, Rent or utilities.
Target Date September 31, 2023
Estimate the number and type
of families that will benefit
from the proposed activities
Estimated that 20 households will be served.
Location Description This Project will benefit households within the corporate City Limits of Grand Island Nebraska.
Planned Activities This program will aid families in need with Daycare and Preschool costs.
Project Name Railside Downtown Business Improvement District, Small Business Rental Assistance
Target Area Slum and Blight Area #1
Goals Supported Revitalize Neighborhoods & Districts
Needs Addressed Cultivate Small and Emerging Businesses
4
Funding $20,000
Page 104 of 170
Annual Action Plan 22
OMB Control No: 2506-0117 (exp. 06/30/2018)
Description The SBRA is an opportunity for the City of Grand island, Railside Business Improvement District,
Property owners and new business owners to work together in a public-private partnership to
foster business growth in downtown Grand Island. The program is administered by the Railside
BID, the program was created to inspire entrepreneurism to bring specialty retail, restaurants, and
other complimentary business that add to the growing business climate of downtown GI. The SBRA
program will provide grant support in the form of rent abatement. The funding amount can be up
to 80% of the rent for six (6) months. The program will be administered by the Downtown BID and
its Economic Vitality Committee will review and approve all applications for financial assistance.
Target Date September 30, 2026
Estimate the number and type
of families that will benefit
from the proposed activities
The program is ultimately meeting the benefit of eliminating slum and blight, individual families will not
be benefited directly rather 10 businesses will supported.
Location Description This activity will take place in the designated Slum and Blight area #1 within Grand Island.
Planned Activities The planned activities will be considered Economic development activities within a slum and blight area.
Project Name Hope Harbor Land Acquisition
Target Area City of Grand Island
Goals Supported Provide Supportive Services for At-Risk & Homeless
Needs Addressed Support public services for neighborhoods
Funding $195,000
5
Description Hope Harbor plans to use funds to acquire land adjacent to the current Hope Harbor shelter. Currently
Hope harbor serves on average 234 clients annually within their transitional shelter. With the purchase of
this land Hope Harbor would at a later date be able to expand services by using the land acquired as a new
transitional and permanent housing units.
Page 105 of 170
Annual Action Plan 23
OMB Control No: 2506-0117 (exp. 06/30/2018)
Target Date September 30, 2023
Estimate the number and type
of families that will benefit
from the proposed activities
10 very low income/homeless families
Location Description City of Grand island
Planned Activities acquisition
Page 106 of 170
Annual Action Plan 24
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
As of now there is no data that shows there are census tracts in the City of Grand Island which
display a minority concentration. Overall, the demographics of the census tracts which have a
lower average income reflect similar demographics to the census tracts with a higher average
income.
Geographic Distribution
Target Area Percentage of
Funds
City of Grand Island 74%
Blight & Substandard Area #1 7%
Blight & Substandard Area #2 0
Blight & Substandard Area #4 0
Blight & Substandard Area #6 0
LMI Census Tracts 19%
Table 9 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The City of Grand Island targets areas with 51% or more, of the residents are low to moderate
income. Downtown Grand Island is located in the blight and substandard area #1, many new
small businesses and entrepreneurs tend to start and/or relocate into vacancies in the
downtown area. This allows for more rehabilitation and pedestrian traffic in the blight and
substandard Area #1. The majority of the funds will go to programs that area not area specific
but continue to meet the national objective of benefitting low to moderate income persons.
Discussion
No further discussion needed.
Page 107 of 170
Annual Action Plan 25
OMB Control No: 2506-0117 (exp. 06/30/2018)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Grand Island partners with the Hall County Housing Authority and several non-profit agencies to assist in
projects designed to provide affordable rental and homeowner housing, including assistance to people
with disabilities and homeless individuals and families.
The goals below are estimates based on the 2022 program year project proposals.
One Year Goals for the Number of Households to be Supported
Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 10 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 11 - One Year Goals for Affordable Housing by Support Type
Discussion
The City of Grand Island did not fund any rehab, construction of Low to moderate income housing with
the use of the 2022 CDBG funds. Although progress has been made with the Housing improvement
Partnership which has been absorbed as a committee of the Grand Island Area Economic Development
Corporation and has been renamed BUILD GI. BUILD GI and the GIAEDC were able to successfully secure
Rural Workforce Housing Funds from the State of Nebraska, the goal of these funds is to assist area
developers to revitalize, rehabilitate, and add to the current housing stock within the city of Grand
Island. Although CDBG can be used to leverage these dollars the City continues to provide staff to work
with the GIAEDC to be a part of the BUILD GI advisory Committee which will aid in the process of
utilizing $2 million of grant funding to be placed in housing stock within Grand Island to help achieve
attainable housing.
Page 108 of 170
Annual Action Plan 26
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-60 Public Housing – 91.220(h)
Introduction
Throughout the past the City of Grand Island and the Hall County Housing Authority have taken
active steps in attempts to strengthen their capacity to work together and align resources. This
includes but is not limited to, consultation efforts, forming Housing Partnerships together and
Fair Housing tasks. The City of Grand Island sees the Hall County Housing Authority as a well-
run and extremely important asset to the community. Although the CDBG funds do not directly
benefit the HCHA, the City intends to format CDBG funding in a manner which would help
alleviate some of the waiting list pressure by addressing the lack of affordable housing and Job
opportunities that are currently hindering the HCHA clients. These steps are a direct result of
the City working directly with the HCHA and gaining better insight on the steps we could be
making to strengthen them.
Actions planned during the next year to address the needs to public housing
Hall County Housing Authority officials were consulted during the formulation of this Annual
Action Plan. The City’s CDBG funds are not sub-awarded directly to the Hall County Housing
Authority throughout this Annual Action Plan, but the City plans to use funds in ways to help
create affordable quality housing options.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
The local Continuum of Care is a large group of service providers within Grand Island who each
offer unique services tailored to the individuals they serve. These services often are meant to
be used for a short time to aid residents in areas such as Job Employment, educational help and
help to special populations. When service providers are able to provide such services with the
help of CDBG funding residents within the community of Grand Island are in a better position to
be more in involved in management and participate in homeownership
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
Page 109 of 170
Annual Action Plan 27
OMB Control No: 2506-0117 (exp. 06/30/2018)
The Hall County Housing Authority is not designated as troubled.
Discussion
No further discussion necessary.
Page 110 of 170
Annual Action Plan 28
OMB Control No: 2506-0117 (exp. 06/30/2018)
Page 111 of 170
Annual Action Plan 29
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
The City is located within the Balance of State Continuum of Care. Each Continuum provides oversight of federal homeless assistance dollars and collaborates with local communities to provide the best service to our residents who are homeless. In addition the City has a smaller local Continuum of Care of Service providers within Grand Island that meets monthly in order to collaborate on cases.
Throughout the 2022 program year the City of Grand Island is not allocating funds directly to public services that will benefit homeless and near homeless persons although there are multiple programs that have previously been funded by CDBG funds that are still providing services and meeting the need of those who are homeless. The City has allocated funds from the 2022 program year to Hope Harbor to aid in the acquisition of land that will be used for homeless services in the future.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Nebraska Balance of state CoC which includes local homeless agencies, conducts annual
surveys with a point in time count. These surveys are used by many non-profit service
providers within the City to fulfill program requirements and needs. The City of Grand Island
does not directly financially support all agencies within the CoC but provides support by
participating in the monthly case coordination meetings, resulting in better services and for
clients in need by teaming with multiple local service providers.
Addressing the emergency shelter and transitional housing needs of homeless persons
There are a variety of agencies within the City of Grand that provide housing options and case
management assistance including those returning from mental and physical health institutions,
domestic violence, veterans and homelessness. They provide the option of living
independently or in a group settings. The Local Continuum of Care group is a good resource for
case management as it meets monthly in order to collaborate services to best meet the needs
of residents in Grand Island.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
Page 112 of 170
Annual Action Plan 30
OMB Control No: 2506-0117 (exp. 06/30/2018)
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Homeless providers are focusing efforts on increasing the bed count for both emergency
shelter and transitional housing programs. Funding for these efforts are limited and the City
does not have the capability to fund all of the services providers. Hope Harbor a local shelter
was allocated funds from the 2022 CDBG annual allocation for land acquisition. The end use of
the new land would provide 10 transitional and/or permanent living spaces for those that
would not otherwise be able to leave the shelter due to the average costs of rent in our
community.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
There are a variety of service providers in the City of Grand Island that assist low income individuals and
families. These providers coordinate to ensure that they are meeting the needs of the community to the
best of their ability. One of the ways they coordinate is through the area's local Continuum of Care
group. The group offers a chance for service providers to have a round table discussion about updates
and changes in their organizations and a chance for them to seek assistance and advice if needed.
Project Homeless Connect is a community event where these organizations collaborate to offer much
needed services in one location on the same day to individuals and families in need.
Discussion
No further discussion necessary.
Page 113 of 170
Annual Action Plan 31
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
Grand Island partners with the Hall County Housing Authority and several non-profit agencies to assist in projects designed to provide affordable rental and homeowner housing, including assistance to people with disabilities and homeless individuals and families.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
The City of Grand Island has taken actions in the past to remove negative effects of public policies in
regard to the development of affordable housing including the change of subdivision regulations to
allow for narrower streets and small lots sizes, thereby reducing the cost to the developer, which could
in turn foster a reduction in cost to the potential homeowners.
In regard to the CBDG funds and future plans to remove or ameliorate barriers, the City of Grand Island
has partnered with other local housing agencies to form the BUILD GI advisory Committee, this group
works within the community to aid in the goal of obtaining affordable housing and has been able to
secure local and grant funding to aid in adding and revitalizing housing stock in Grand Island.
Discussion:
No further discussion necessary
Page 114 of 170
Annual Action Plan 32
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-85 Other Actions – 91.220(k)
Introduction:
The City of Grand Island has multiple strategies to meet the needs of the community. CDBG
funds are a small, yet primary funding component to assist in meeting most of these needs.
Actions planned to address obstacles to meeting underserved needs
The allocation of funding in the 2022 Annual Action Plan aims to provide the community’s special needs
population, including handicapped, low income and elderly access to services utilized by the general at
large. Projects will help provide a suitable living environment by making services accessible to needy
individuals.
Actions planned to foster and maintain affordable housing
Actions planned to reduce lead-based paint hazards
The City of Grand Island has funded multiple housing programs including down payment
assistance and owner occupied rehabilitation programs; all of which require a lead based paint
inspection on all homes built prior 1978. Homes that were built prior to 1978 are presumed or
tested to have lead-based paint.
The City of Grand Island does not intend to directly operate any Rehabilitation efforts during
the 2022 Annual Action Plan Period. For this reason, the Lead based paint guidelines which
apply are those directly related to sub-recipients of CDBG funds. The following actions are
included in the City's Community Development Policy and Procedures document:
“At a minimum, Sub-recipient is required to:
a) Notify a purchaser or lessee of the presence of any known lead-based paint and/or lead-
based paint hazards;
b) Paint test surfaces to be disturbed or removed during rehabilitation for the presence of lead-
based paint, or presume lead-based paint and notify the occupants of the results within 15 days
of when the evaluation report is received or the presumption is made;
c) Provide each occupied dwelling unit discussed in (a) and (b) in the preceding section with the
EPA-approved lead hazard information pamphlet Protect Your Family From Lead in Your Home
or EPA-approved equivalent;
Page 115 of 170
Annual Action Plan 33
OMB Control No: 2506-0117 (exp. 06/30/2018)
d) Reduce lead hazards as required by the applicable subparts of Part 35 (full description of Part
35 is available in the Community Development Policy and Procedures, it states the varying
levels of requirements, in relation to the level of financial assistance provided); and
e) Perform clearance testing, including dust testing, before re-occupancy after all but minimal
(“deminimis”) amounts of paint disturbances.”
It should also be noted that the Community Development Policy and Procedures states that
“Where regulations differ, Sub-recipients are held to the stricter of the standards.”
At this point and time, the City sees the implementation and enforcement of the above
guidelines as actively attempting to reduce Lead Based Paint Hazards.
Actions planned to reduce the number of poverty-level families
The City of Grand Island has formatted its CDBG allocation in a manner which intends to reduce
the number of poverty-level families. This includes the support through improvements to Low
and moderate income areas throughout the City of Grand Island.
It is the intent of the City to continue to support these programs in their efforts to address the
poverty needs throughout the 2022 Program Year.
Actions planned to develop institutional structure
The City of Grand Island’s Administration will continue to monitor the effectiveness and
productivity of the Community Development Division and will add additional staff as the growth
of the program allows, if needed.
The Continuum of Care, and subsequent members, are still operating within the Balance of
State model for operations and funding purposes. While the City of Grand Island has moved
over into Metropolitan status, which has included funding changes such as creating a
Metropolitan Planning Agency and Entitlement funding.
The City only receives Entitlement CDBG funds as Metro based funding, while local non-profit
service providers are receiving funding and generating data on a Balance of State level for other
federal funding, due to this it is difficult to develop an Institutional Structure meets all the
needs of vulnerable populations within the community.
Page 116 of 170
Annual Action Plan 34
OMB Control No: 2506-0117 (exp. 06/30/2018)
For this reason, the stated steps that the City of Grand Island will be taking are those which
allow us to foster relationships and address low to moderate income populations, while
working with the ultimate goal of executing our Annual Action Plan to the best of our ability.
While the Continuum of Care is a part of the Balance of State model, all funding priorities,
projects, data and plans will reflect the goals of the entire state of Nebraska excluding Omaha
and Lincoln for other funding sources such as CoC, ESG and HOME funds, making it quite
difficult to develop an institutional structure which would be specific to Grand Island that
incorporates the use of all.
Actions planned to enhance coordination between public and private housing and social
services agencies
The City of Grand Island will continue to work closely with the Continuum of Care to identify the
needs of the social service agencies who work with the homeless and near homeless
populations of Grand Island.
Additionally, the City of Grand Island plans to continue to work closely with the Hall County
Housing Authority in many capacities to support public housing including extensive
collaboration in implementation of the Affirmatively Furthering Fair Housing Program
Guidelines.
Multiple housing agencies within the City of Grand Island have continued to partner through
the BUILD GI (which is currently coordinated by the Grand Island Area Economic Development
Corporation) The Hall County Housing Authority’s Executive Director also serves on the
Advisory board for BUILD GI. The anticipated collaborations over the next fiscal year between
these agencies and the City’s efforts through BUILD GI will most definitely strengthen the
coordination and implementation capacity of all parties involved, especially related to the very
prevalent need of creating additional and maintaining affordable housing.
Discussion:
No further discussion necessary
Page 117 of 170
Annual Action Plan 35
OMB Control No: 2506-0117 (exp. 06/30/2018)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
Page 118 of 170
Annual Action Plan 36
OMB Control No: 2506-0117 (exp. 06/30/2018)
Page 119 of 170
R E S O L U T I O N 2023-96
WHEREAS, on August 25, 2015, the City of Grand Island became an Entitlement
Community; and
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, all grantees are required to develop a Consolidated Plan
and Annual Action Plan that list community priorities and funding allocations; and
WHEREAS, the Community Development Division is required to develop and
submit any amendments to the current Annual Action Plan that changes the use of Community
Development Block Grant 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 is
hereby approves and adopts the amendment to the Community Development Block Grant, 2022
Annual Action Plan for submittal to the United States Department of Housing and Urban
Development.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all
documents necessary to effect the purpose of this Resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 120 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 8.k.
Subject: #2023-97 - Approving Work in Water Summer Intern
Staff Contact: Patrick (Pat) Brown
BACKGROUND: Grand Island Utilities Department is requesting the addition of .15
FTE’s for a grant funded water internship position for seven weeks during the summer
of 2023.
A copy of the grant application has been included with this packet for your review.
DISCUSSION: Grand Island Utilities Department is requesting .15 FTE’s to be used for
a grant funded water internship position through the Work in Water Mini-Grant. The
Work in Water Mini-Grant, sponsored by Wichita State University, is an exciting
opportunity for the City of Grand Island to introduce local high school students to the
numerous job opportunities available within the water department and host a paid
summer intern. Through the implementation of this grant, Grand Island will be able to
encourage more students to seek careers in the Utility Department.
If we are awarded this grant, Wichita State University will travel to Grand Island to
cohost a one day educational event at the Utility Customer Service Center. Up to
twenty local high school students will be given a presentation on the Utilities
Department by city staff and a tour of the pumping station and water treatment facility.
Transportation and meals for the students will be generously provided by Wichita State
University. This grant also provides $4,000 toward a paid summer internship position in
the Water Department. This position would be offered at $12/hour, forty hours a week
for seven weeks during the summer. This incredible grant opportunity will help
strengthen our department by increasing interest in utility careers among local youth.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
Page 121 of 170
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 presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
addition of .15 FTE’s for a water intern for the summer of 2023.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Application
2. Resolution
Page 122 of 170
Page 1 of 5
www.wichita.edu/workinwater
Work in Water Mini-Grant
Subaward
Work in Water Mini-Grants provide catalyst
funding to water utilities to host water education
and career exploration programs for local high school students. These funds are limited to
participants who work with the Environmental Finance Center at Wichita State University to
coordinate educational workshops and host internships at drinking water treatment plants.
The program is intended to support water education workshops and internships. The funding for
hosting a Work in Water Workshop and Intern is either $4,000.00 or $4,100.00 which will be
provided to your organization as a fixed price subaward. The additional $100 is available for
transportation assistance when personal finances or transportation opportunities present
barriers to internship participation. That full $100.00 transportation stipend should be provided
to the intern as a travel stipend, separate from their regular salary.
Utility Name: __City of Grand Island Utilities________________
Contact Name: __Lynn Mayhew__________________________
Address: ____1035 W. Wildwood Drive, Grand Island, NE 68801_____
Phone: ____308-385-5494______
Email: ____lmayhew@giud.com___________________________
Organization’s Unique Entity Identifier (UEI): __TFRZHNGNBF43___________
Please note, you must have a UEI that is provided by SAM.gov in order to be eligible to receive a
subaward.
WORK IN WATER INTERNSHIP
Who will supervise the intern (if different from above)?
Contact Name: ___Michael Hill___________
Phone: ______308-385-5436____________
Email: ____michael.hill@giud.com_______
Page 123 of 170
Page 2 of 5
www.wichita.edu/workinwater
Describe your utility’s plan to provide a well-rounded internship with experiences in multiple
water job duties and roles:
To provide a well rounded internship, Grand Island Utilities Department will pair the student
with a Water Maintenance Worker. They will work together for the duration of the internship on
regular maintenance duties including fire hydrant maintenance, line valve cycling and meter
repairs. The intern will also have opportunities to learn about daily operations in the plant and
other positions as well.
How does Work in Water fit the needs and long-term goals of your utility and/or community?
How are outreach efforts like Work in water supported by your utility or city management?
The City of Grand Island administration is actively pursuing efforts to increase workforce
development among young people and increase retention of workers within the city. By creating a
higher level of interest in utilities work for our local students, we will be able to keep more Grand
Island residents employed in town and reduce brain drain to other states. This will support our
long term growth by allowing us to retain a competitive workforce of home grown highly skilled
workers.
Do you have support from human resources for the internship process? If not yet, what is
your process to secure their support?
Yes, the FTE's for the intern are approved in the budget and support from the Human Resources
Director has been received.
Page 124 of 170
Page 3 of 5
www.wichita.edu/workinwater
WORK IN WATER EDUCATIONAL
EXPERIENCE
EFC staff can engage school career counselors and teachers to encourage participation from
local schools and support coordination of educational activities associated with treatment
facility tours. However, we recognize that utilities may have established relationships within
their communities, and we encourage utilities to foster those connections to improve the
potential for extending these activities beyond the grant period. Please provide as much
information as you can regarding school connections and the role the utility can play in
educational events.
Target School: __Grand Island Senior High School____
School Contact (if established): (Provide name, position, email, and phone)
Which of the following do you prefer the EFC staff take the lead on, in cooperation with utility
staff? X Contacting school counselors/teachers
X Developing the event schedule (setting the date will involve EFC, utility and school)
X Setting up field trip transportation (school buses, or other)
Leading the learning activities during the event
Leading facility tours
Other (provide details):
Which of the following do you prefer that your own utility staff take the lead on, in
cooperation with the EFC? Contacting school counselors/teachers
Developing the event schedule (setting the date will involve EFC, utility and school)
Setting up field trip transportation (school buses, or other)
Leading the learning activities during the event
X Leading facility tours
Other (provide details):
Page 125 of 170
Page 4 of 5
www.wichita.edu/workinwater
Describe your utility’s current relationship with and/or plan to engage your local
school:(Include details such as any communication you’ve had with your school already, key
contacts at your school, and a rough timeline for contact and coordination efforts with your
school. Indicate if you would prefer the WSU EFC coordinate communication with the school.)
After discussing internally, it would likely make the most sense to let WSU lead the way on
communications and then we can take over going forward. We would like to include Grand Island
Senior High School, Central Catholic and Northwest High School. We can do a one day
introduction for twenty students.
Proposed Work in Water Experience Date:
(A date range is okay.)
April or May would work best.
Proposed Location:
Is there a location that comes to mind for the classroom portion of the event? Where do you
envision the students will visit on their field trips to utility facilities?
1306 W 3rd Street Grand Island Utilities Dept, Customer Service Center for the classroom training
and 1035 W. Wildwood Drive for the tour.
Describe any activities you would like to include in your utility’s Work in Water event: (Include
any activities utility or local resource staff can provide, treatment plant tour details,
transportation needs, etc. Other helpful details include how you will align the treatment plant
tour with the messages in the classroom workshop, provide opportunities to see work in action,
and include opportunities for staff to talk about their jobs and how they got into the industry.)
IMPORTANT INFORMATION FOR WORK IN WATER MINI-GRANT RECIPENTS
Utility Staff would give a presentation on how Grand Island gets and maintains its water system.
Then provide a tour of a pumping station and water treatment facility.
Page 126 of 170
Page 5 of 5
www.wichita.edu/workinwater
Utilities who receive Work in Water Mini-Grant funds are required to:
1. Complete a Subaward Commitment Form.
2. Have a Unique Entity Identifier (UEI) as assigned by SAM.gov. Please contact us if you
need more information about how to get a UEI.
3. Execute a fixed-price subaward agreement with Wichita State University.
4. Develop, host, mentor and supervise a student intern. Include a variety of experiences
for the intern and encourage them to participate in the intern-networking opportunity
developed and facilitated by the EFC with other professionals in the field.
5. Submit an invoice for reimbursement after the internship is completed. Invoice should
be for the total of $4,000, plus the $100 travel stipend for interns, if applicable.
6. Complete Work in Water evaluations and coordinate completion of the evaluations with
participating students and school staff that you engage through your local project.
Evaluations forms/materials will be provided.
By signing below you are indicating that if you receive the mini-grant you will be able to
complete the above requirements:
Name (Please Print) _____Lynn Mayhew__________________________________
Signature _________________________________ Date ____03/09/2023_______
Please email your completed application to Jeff Severin at
jeffrey.severin@wichita.edu
Page 127 of 170
R E S O L U T I O N 2023-97
WHEREAS, the City of Grand Island Utilities Department is requesting the
addition of .15 FTE’s for a seven week grant funded summer internship.
WHEREAS, in order to increase interest in utility careers among local students;
and
WHEREAS, this internship will be fully funded by the Work in Water grant that
will provide $4,000 for a seven week internship that will be offered at $12 an hour; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the addition of .15 FTE’s for a grant
funded summer intern for the Utilities Department is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such grant application on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 128 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 9.a.
Subject: Public Hearing on Request from Bamboo, LLC dba Bamboo, 217 East
Stolley Park Road Suite I for a Class "I" Liquor License
#2023-98 - Approving Request from Bamboo, LLC dba Bamboo, 217 East Stolley
Park Road Suite I for a Class "I" Liquor License and Francisco Ordonez, 308 E 12th
Street for Liquor Manager Designation
Staff Contact: RaNae Edwards
BACKGROUND: Section 4-2 of the Grand Island City Code declares the intent of the
City Council regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
1. To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
2. To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
3. To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related
crimes and offenses is kept to a minimum.
DISCUSSION: Bamboo, LLC dba Bamboo, 217 East Stolley Park Road Suite I has
submitted an application for a Class “I” Liquor License. A Class “I” Liquor License
allows for the sale of alcohol on sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Page 129 of 170
Commission for issuance of all licenses. This application has been reviewed by the
Clerk, Building, Fire, Health, and Police Departments. See attached Police Department
report.
Also submitted was a request for Liquor Manager Designation for Francisco Ordonez,
308 East 12th Street, Grand Island, Nebraska. Mr. Ordonez has completed a state
approved alcohol server/seller training program. Staff recommends approval for
Francisco Ordonez, 308 East 12th Street, Grand Island, Nebraska.
FISCAL IMPACT: There is no fiscal impact.
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 presented in this motion.
RECOMMENDATION: Based on the Nebraska Liquor Control Commission’s criteria for
the approval of Liquor Licenses, City Administration recommends that the Council
approve this application.
SAMPLE MOTION: Move to approve the application for Bamboo, LLC dba Bamboo,
217 East Stolley Park Road Suite I for a Class “I” Liquor License contingent upon final
inspections and Liquor Manager Designation for Francisco Ordonez, 308 East 12th
Street, Grand Island, Nebraska.
ATTACHMENTS:
1. Bamboo Map
2. Police Report
3. Resolution
Page 130 of 170
Liquor License Application:Class “I”: Bamboo
!
!
!
!
!
!
!!
!
!
!
!^_Riverside DrStolley Park Rd E
Kingswood DrLocust St SHope StHolcomb St Eddy St SStagecoach Rd
W yandotte StLincoln Ave SSylvan StGamma St
Parkwood DrDelta St
Hedde St W
Bellwood DrSanta Anita DrBantam StChanticleer StRoush Ln
Brookline Dr
W e d g e w o o d D r
Stolley Park Rd W
Cochin StBrahma StState Fair Blvd
217 STOLLEY PARK RD E STE I
¯
Legend
^_217 STOLLEY PARK RD E STE I
!Licensed Locations
Road Centerlines1 inch = 500 feet
Page 131 of 170
04/04/23
Grand Island Police Department
Officer Report for Incident L23031149
Nature: Liquor Lic Inv Address: 217 STOLLEY PARK RD E STE I
Location: PAOS Grand Island NE 68801
Offense Codes:
Received By: Dvorak T How Received: T Agency: GIPD
Responding Officers: Dvorak T
Responsible Officer: Dvorak T Disposition: CLO 04/04/23
When Reported: 15:26:50 03/17/23 Occurred Between: 15:26:50 03/17/23 and 15:26:50 03/17/23
Assigned To: Detail: Date Assigned: **/**/**
Status: Status Date: **/**/**Due Date: **/**/**
Complainant:
Last: First:Mid:
DOB: **/**/**Dr Lic:Address:
Race: Sex: Phone:City: ,
Offense Codes
Reported:Observed:
Circumstances
LT03 LT03 Bar/Night Club
Responding Officers: Unit :
Dvorak T 309
Responsible Officer: Dvorak T Agency: GIPD
Received By: Dvorak T Last Radio Log: **:**:** **/**/**
How Received: T Telephone Clearance: CL CL Case Closed
When Reported: 15:26:50 03/17/23 Disposition: CLO Date: 04/04/23
Judicial Status:Occurred between: 15:26:50 03/17/23
Misc Entry:and: 15:26:50 03/17/23
Modus Operandi: Description : Method :
Involvements
Date Type Description
04/04/23 Name Ordonez, Maribel D contacted
Page 132 of 170
Officer Report for Incident L23031149 Page 2 of 6
04/04/23
04/04/23 Name Bamboo Bar, location
03/17/23 Name Ordonez, Francisco Jr owner/manager
Page 133 of 170
Officer Report for Incident L23031149 Page 3 of 6
04/04/23
Narrative
Liquor License Investigation
Grand Island Police Department
Bamboo LLC, DBA as Bamboo Bar, has applied for a new liquor license, a
Class I; on sale beer, wine and distilled spirits only. The owner of the
proposed business is Francisco Ordonez Jr. The location will be 217 E Stolley
Park Road, suite I.
Ordonez is also the proposed Liquor Manager.
_____________________________________________
Responsible LEO:
_____________________________________________
Approved by:
_____________________________________________
Date
Page 134 of 170
Officer Report for Incident L23031149 Page 4 of 6
04/04/23
Supplement
309 Bamboo Bar
Grand Island Police Department
Supplemental Report
Date, Time:3-31-23
Reporting Officer:Sgt Dvorak #309
Unit #:CID
Francisco Ordonez Jr is the sole owner/operator of Bamboo LLC. Ordonez plans to
open a new bar, by the same name "Bamboo" at 217 E Stolley suite I. Ordonez has
applied for a Class I Liquor License; beer, wine, distilled spirits on-sale
only; for the bar. The bar will be located in the now defunct Bearded Buffalo
Golf, which had a liquor license in the past. Bamboo is 3 store fronts north of
another licensed establishment, The Filling Station. Ordonez does not list a
spouse.
I performed a background search utilizing local Spillman files, State of NE
history, and a paid law-enforcement only web site. I noted no recent entries of
concern in any of the locations I checked. Francisco self disclosed on his
application that he has only one traffic conviction, driving during revocation,
from 2013. However, when I checked State NCJIS files, I noted that Ordonez Jr
was also convicted of DUI in 2013, which precipitated his driving during
revocation conviction. No other entries were noted. The law-enforcement only
web site deals mainly with items of a civil nature, such as bankruptcies, liens
and judgements. Ordonez Jr has no entries since 2012.
NSP Investigator Todd Suchsland and I met with Francisco and his mother Maribel
at the proposed location on March 30th. I was impressed with the conversion that
had already taken place. I noted a large dance floor was prominent, along with a
stage area. The tables and other seating are arranged around the dance floor.
While Francisco has never owned/managed a drinking establishment, he has years
of experience as a manager in retail. In addition, Maribel said she has worked
or managed bars for many years. Maribel said she will not have any interest in
the LLC or bar, but will work regularly for her son.
Suchsland covered Liquor Commission concerns and required information. When we
spoke about past convictions, I asked Ordonez Jr about 2013, and discrepancy I
noted with a DUI and Driving During Revocation. Francisco admitted that he had
been convicted of both. He said he must have gotten confused, or just forgot
about the DUI and recalled the revocation. We discussed how that is a pretty big
omission or mistake. He agreed that he should have been more conscientious when
completing the application, and added that he had legal representation assist
with filling out the form. We talked about how to handle disturbances,
intoxicated patrons, minors in the bar and compliance checks.
Ordonez Jr said that during the week, the bar will primarily be a "sports bar"
with numerous TV's set up for watching sporting events. On the weekends, he
plans to have music and dancing, with both DJ's and live bands. Francisco said
he would like to give local musicians a chance to perform in front of live
audiences. We discussed the problems that can arise from that type of
atmosphere, and we pointed out issues from other venues that have large crowds
with live music and dancing. Ordonez Jr said he plans to employ enough people
for those events that there should be no problems. I stressed cooperation and
communication with GIPD to avoid having any incidents effect his licensing
status.
Page 135 of 170
Officer Report for Incident L23031149 Page 5 of 6
04/04/23
Francisco said he is planning to install a surveillance system. He said he will
have a security person at the door for the weekend events. The hours of
operation will be, tentatively, 3pm to 1am Wednesday through Saturday, and 1pm
until midnight on Sundays. As of now, Ordonez Jr does not plan to be open on
Mondays or Tuesdays. He would like to be open for business by the end of April.
Other than the discrepancy regarding his DUI conviction, I found nothing of
concern in my background check. Therefore, the Grand Island Police Department
does not object to issuing Bamboo LLC, DBA as Bamboo Bar, a class I liquor
license for on sale beer, wine and distilled spirits only, with Francisco
Ordonez Jr as the Liquor Manager.
Page 136 of 170
R E S O L U T I O N 2023-98
WHEREAS, an application was filed by Bamboo, LLC dba Bamboo, 217 East
Stolley Park Road Suite I for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 1, 2023; such publication cost being $14.40; and
WHEREAS, a public hearing was held on April 11, 2023 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____ The City of Grand Island hereby recommends approval of Francisco
Ordonez, 308 East 12th Street, Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 137 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 9.b.
Subject: Public Hearing on Acquisition of Utility Easement - 707 W. State St (RZ
Investments)
#2023-99 - Approving Acquisition of Utility Easement - 707 W. State St (RZ
Investments)
Staff Contact: Ryan Schmitz, Laura McAloon
BACKGROUND: Nebraska State Statutes state that the acquisition of property requires
a public hearing to be conducted with the acquisition approved by the City Council. The
Utilities Department needs to acquire a ten (10.0) foot wide easement tract through a
part of part Lot Nine (9), Block Twenty-Seven (27), Schimmer’s Addition to the City of
Grand Island, Hall County, Nebraska.
DISCUSSION: The Grand Island Utilities Department is in the process of rebuilding the
electrical lines and services in conjunction with the infrastructure improvements in the
Five Points area. The electric lines and services will be converted from overhead to
underground. The proposed easement will allow the Department to install, access,
operate, and maintain the existing power lines and infrastructure at this location.
FISCAL IMPACT:
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Page 138 of 170
RECOMMENDATION: City Administration recommends that the Council approve the
resolution for the acquisition of the easement for one dollar ($1.00) and mutual benefits
received.
SAMPLE MOTION: Move to adopt resolution authorizing the acquisition of a 10 foot
wide Utility Easement, in a form approved by legal counsel, from RZ Investments, LLC
over certain real property located at 707 W. State Street, Hall County, NE.
ATTACHMENTS:
1. Resolution
2. Map
Page 139 of 170
R E S O L U T I O N 2023-99
WHEREAS, a public utility easement is required by the City of Grand Island
from RZ Investments, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including power lines;
and
WHEREAS, a public hearing was held on April 11, 2023, for the purpose of
discussing the proposed acquisition of a permanent and perpetual easement and right-of-way
tract located through a part of Lot Nine (9), Block Twenty-Seven (27), Schimmer’s Addition to
the City of Grand Island, Hall County, Nebraska, the ten (10.0) foot wide utility easement and
right-of-way tract being more particularly described as follows:
The easterly ten (10.0) feet of the southerly forty-five (45.0) feet of Lot Nine (9),
Block Twenty-Seven (27), Schimmer’s Addition to the City of Grand Island, Hall
County, Nebraska.
The above-described easement and right-of-way containing a total of 4,500 square
feet or .01 acres, more or less as shown on the plat dated 2/22/2023, marked Exhibit
"A", attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from RZ Investments, LLC, on and
over the tract of land described herein and as depicted on Exhibit A hereto.
BE IT FURTHER RESOLVED that the Mayor and designee are hereby
authorized to execute all documents necessary to effect the purpose of this Resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 140 of 170
Page 141 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 9.c.
Subject: Public Hearing on Acquisition of Utility Easement - 2815 S. Stuhr Rd
(Villatoro)
#2023-100 - Approving Acquisition of Utility Easement - 2815 S. Stuhr Rd (Villatoro)
Staff Contact: Ryan Schmitz, Laura McAloon
BACKGROUND: Nebraska State Statutes state that the acquisition of property requires
a public hearing to be conducted with the acquisition approved by the City Council. The
Utilities Department needs to acquire a ten (10.0) foot wide easement tract through a
part of part Lot One (1), Stuhr Acres Subdivision, Hall County, Nebraska.
DISCUSSION: Jorge and Diane Villatoro have requested a new electrical service to
serve their property located 2815 S. Stuhr Road. 650 l.f. of 2” Conduit with 1/0 copper
cable, a 25KVA single phase transformer, a single phase high voltage terminal, and an
area light pole will be installed to accommodate the new electric service. The proposed
easement will allow the Department to install, access, operate, and maintain the
existing power lines and infrastructure at this location.
FISCAL IMPACT:
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
RECOMMENDATION: City Administration recommends that the Council approve the
resolution for the acquisition of the easement for one dollar ($1.00) and mutual benefits
received.
Page 142 of 170
SAMPLE MOTION: Move to adopt resolution authorizing the acquisition of a 10 foot
wide Utility Easement, in a form approved by legal counsel, from Jorge and Diane
Villatoro over certain real property located at 2815 S. Stuhr Rd, Hall County, NE.
ATTACHMENTS:
1. Resolution
2. Map
Page 143 of 170
R E S O L U T I O N 2023-100
WHEREAS, a public utility easement is required by the City of Grand Island
from Jorge and Diane Villatoro, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including power lines;
and
WHEREAS, a public hearing was held on April 11, 2023, for the purpose of
discussing the proposed acquisition of a permanent and perpetual easement and right-of-way
tract located through a part of Lot One (1), Stuhr Acres Subdivision, Hall County, Nebraska, the
ten (10.0) foot wide utility easement and right-of-way tract being more particularly described as
follows:
The northerly ten (10.0) feet of Lot One (1), Stuhr Acres Subdivision, Hall County,
Nebraska.
The above-described easement and right-of-way containing a total of .12 acres, more
or less as shown on the plat dated 3/6/2023, marked Exhibit "A", attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from Jorge and Diane Villatoro, on and
over the tract of land described herein and as depicted on Exhibit A hereto.
BE IT FURTHER RESOLVED that the Mayor and designee are hereby
authorized to execute all documents necessary to effect the purpose of this Resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2023.
_________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 144 of 170
Page 145 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 10.a.
Subject: Consideration of Referring Blight Study for Proposed Area #37 to the
Regional Planning Commission
Staff Contact: Chad Nabity
BACKGROUND: Enclosed you will find a copy of a Substandard and Blight Study as
prepared for Phillip Becket and Stephen Steck. This study is approximately 9.1 acres
of property south of Faidley Avenue between Carey Avenue and White Avenue. 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.
Phillip Becket and Steve Steck have submitted this study for the review and
consideration of the Grand Island City Council as permitted by Nebraska law. The
decision on whether to declare an area blighted and substandard is entirely within the
jurisdiction of the City Council with a recommendation from the Planning
Commission. If the study is approved it is anticipated that an application for Tax
Increment Financing would follow.
The question before Council will be whether to send the study to the Planning
Commission for its review and feedback. If the item is not sent to the Planning
Commission, the Council cannot declare the area blighted and substandard. Planning
Commission will meet May 3, and would have a recommendation ready following that
meeting.
Once an area has been declared blighted and substandard, the CRA can accept
redevelopment proposals for the area. Mr. Becket has purchased the old Park View
Nursing home and intends to redevelop it for uses compatible with other uses in the
neighborhood. Dr. Steck owns a dental office the area and is interested in opportunities
to expand that office.
Page 146 of 170
DISCUSSION: The action item tonight relates to the study for proposed CRA Area No.
37 in central Grand Island as shown below. The study was prepared for 9.1 acres, all
of which is in the Grand Island City Limits.
Grand Island City Attorney, Laura McAloon reviewed the Nebraska Statutes and case
law pertaining to the declaration of property as blighted and substandard. Her
comments on this application are as follows:
The statutes which provide for the creation of a redevelopment area or redevelopment
project within a redevelopment area require the following procedure:
• A request is made to the city council to declare an area to be substandard and
blighted and in need of development for purposes of enabling the creation of a
redevelopment area or a redevelopment project within a redevelopment area.
• The city council submits the question of whether an area is substandard and
blighted to the planning commission for its review and recommendation prior to
making its declaration that an area is substandard and blighted.
• The planning commission must hold a public hearing and submit its written
recommendations within 30 days of holding a public hearing on the request.
• Upon receipt of the recommendations from the planning commission the city
council may make its findings and declaration with respect to the property within
an area.
• Unless the city council of the city in which such area is located has, by resolution
adopted after a public hearing with notice, declared such area to be a
substandard and blighted area in need of redevelopment, the Community
Redevelopment Agency cannot prepare a redevelopment plan for a
redevelopment project area.
• Following a declaration that an area is substandard and blighted, the Community
Redevelopment Agency is authorized to prepare or cause to be prepared and
recommend redevelopment plans to the governing body of the city and to
undertake and carry out redevelopment projects within its area of operation and
may enter into contracts with redevelopers of property containing covenants,
Page 147 of 170
restrictions, and conditions regarding the use of such property for residential,
commercial, industrial, or recreational purposes or for public purposes in
accordance with the redevelopment plan and such other covenants, restrictions,
and conditions as the authority may deem necessary to prevent a recurrence of
substandard and blighted areas or to effectuate the purposes of the Community
Development Law, and to provide grants, loans, or other means of financing to
public or private parties in order to accomplish the rehabilitation or
redevelopment in accordance with a redevelopment plan. Within the area of
operation of the Community Redevelopment Authority, the authority may
exercise its statutory powers with respect to the redevelopment project.
Neb. Rev. Stat. §§ 18-2107; 18-2109.
As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998):
A CRA is not authorized to prepare a redevelopment plan for a redevelopment project
area unless the governing body of the city first enacts a resolution declaring such area
to be “a substandard or blighted area in need of redevelopment.” § 18–2109. After such
a declaration has been made and a redevelopment plan has been prepared and
approved, a CRA is authorized to enter into contracts with redevelopers of property
containing covenants, restrictions, and conditions regarding the use of such property for
residential, commercial, industrial, or recreational purposes or for public purposes in
accordance with the redevelopment plan and such other covenants, restrictions, and
conditions as the may deem necessary to prevent a recurrence of substandard or
blighted areas ... and to provide grants, loans, or other means of financing to public or
private parties in order to accomplish the rehabilitation or redevelopment in accordance
with a redevelopment plan.§ 18–2107(4). The CRA may utilize tax increment financing
to pay for redevelopment projects undertaken pursuant to the CDL. § 18–2124.
“Under this statutory scheme, a private development project would be eligible for tax
increment financing only if it is included within an area which has previously been
declared blighted or substandard and is in furtherance of an existing redevelopment
plan for that area. The declaration of property as blighted or substandard is not simply a
formality which must be met in order to assist a private developer with tax increment
financing; it is the recognition of a specific public purpose which justifies the
expenditure of public funds for redevelopment.” Fitzke, id, citing Monarch Chemical
Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The legislative
intent underlying the Community Development Law is the elimination of blighted and
substandard areas and to prevent the reoccurrence of blight through a cooperative
effort of the public and private sectors, not to aid private developers. Fitzke, id.
At this point, Council is only making a decision about whether to forward the study to
the Planning Commission for its recommendation or not. According to NRSS §18-
2109, it is clear that the Planning Commission must hold a public hearing and have the
opportunity to review the Blight Study prior to Council declaring the property
substandard and blighted. If Council wishes to consider a declaration of substandard
and blight, State Statute requires that the question of whether an area is substandard
and blighted is submitted to the Planning Commission for hearing, review and
recommendation.
Page 148 of 170
Blighted Area of the Community
The City of Grand Island, as a City of the First Class, is permitted to designate an area
of up to 35% of the municipal limits as blighted and substandard. As of March 22,
2023, 25.19% of the City has been declared blighted and substandard. Area 37 would
add 9.1 acres to the total of blighted and substandard property and would, if approved,
add 0.05% to the total area declared blighted and substandard bringing the total to
25.24%. This is further modified, as allowed by statute, by reducing the total by the
amount that is also declared extremely blighted; 1199.09 acres or 6.15%. The net
blighted and substandard area in Grand Island is 19.09%, well below the 35%
maximum.
It does not appear that the declaration of Area 37 would significantly impact the City’s
ability to declare other areas blighted and substandard.
FISCAL IMPACT:
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to forward the Study to the Planning Commission for its recommendation.
2. Move to not forward the Study to the Planning Commission for its
recommendation.
3. Refer the issue to a committee.
4. Postpone the issue to future date.
5. Take no action on the issue.
RECOMMENDATION: City Administration recommends that the Council move to
forward the study to the Planning Commission if Council wishes to consider the use of
Tax Increment Financing as a redevelopment tool for this property.
SAMPLE MOTION: Move to forward the Study to the Planning Commission for their
review and recommendation.
ATTACHMENTS:
1. Blight Study Area 37_1
Page 149 of 170
City of Grand Island, NE
Blight and Substandard Study
Area #37
April 2023
Page 150 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within a specific part of Grand Island. This study has been commissioned by Phillip Beckett in
order to analyze the possibility of declaring the area as blighted and substandard.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking
at those issues and definitions provided for in the Nebraska Community Redevelopment Law as
found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of 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 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
Page 151 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 2
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 being considered a blighted and substandard area under
the definition established by the City of Grand Island. 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 existing within the City’s jurisdiction and as allowed under Chapter 18. Through this
process, the City and property owners will be attempting to address economic and/or social
liabilities which are harmful to the well-being of the entire community.
Page 152 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 3
The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in
the future containing, in accordance with the law, definite local objectives regarding
appropriate land uses, improved traffic, public transportation, public utilities and other public
improvements, and the proposed land uses and building requirements in the redevelopment
area and shall include:
• The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
• A list of the conditions present, which qualify the area as blighted and substandard.
BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
This study targets a specific area within an established part of the community for evaluation. The
area is indicated in Figure 1 of this report. The existing uses in this Micro-blight include residential
uses including accessory uses within the corporate limits of Grand Island.
Through the redevelopment process the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by the
City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
Point of beginning is the intersection of the centerlines of White Avenue and Faidley Avenue;
thence southerly along the centerline of White Avenue to the intersection of the centerline of
West 6th Street; thence, westerly along the centerline of West 6th Street to the intersection with
the centerline of Carey Avenue; thence, northerly along the centerline of Carey Avenue to the
intersection with the centerline of Faidley Avenue; thence, easterly along the centerline of
Faidley Avenue to the point of beginning.
Study Area
Figure 1: Study Area Map
Source: Hall County GIS and Marvin Planning Consultants 2023
Note: Lines and Aerial may not match.
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community and
produce a number of impacts 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.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use
of each parcel of land within the study area. These data from the survey are analyzed in the
following paragraphs.
Page 153 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 4
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2023
Type of Use Acres Percent of
Developed land
within the Study
Area
Percent of
Study Area
Residential 2.17 25.8% 23.8%
Single-family 1.24 14.7% 13.6%
Multi-family .93 11.1% 10.2%
Manufactured Housing 0 0.0% 0.0%
Commercial 3.19 37.9% 35.1%
Industrial 0 0.0% 0.0%
Quasi-Public/Public 0 0.0% 0.0%
Parks/Recreation 0 0.0% 0.0%
Transportation 3.05 36.3% 33.5%
Total Developed Land 8.41 100.0% 92.4%
Vacant/Agriculture .69 7.6%
Total Area 9.10 100.0%
Source: Marvin Planning Consultants 2023
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 single-family (10.6%), multi-
family dwellings (10.8%), Transportation oriented land (street and R.O.W) (33.2%). However, there
is a total of .69 acres (9.7%) of the study area that is considered vacant.
Figure 2
Existing Land Use Map
Source: Hall County GIS and Marvin Planning Consultants 2023
Note: Lines and Aerial may not match.
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the study examines the conditions found in the study area. The Findings Section
will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There were a number of conditions examined and evaluated in the field and online. There are a
number of conditions that will be reviewed in detail, on the following pages, while some of the
statutory conditions are not present.
Structural Conditions
Structural conditions were evaluated, structures were either rated as: Very Good, Good, Fair,
Average, or badly worn. The data and rating system comes from the Hall County Assessor’s
database and some field observations of the building conditions. The Hall County Assessor’s
database is the same database used to value properties in the area.
Page 154 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 5
Legend
Good Condition
Average Condition Fair
Based upon the data provided to the planning team, the following is the breakdown for
structures in the study area:
• 0 ( 0.0%) structures rated as very good
• 1 (11.1%) structure rated as good
• 8 (44.4%) structures rated as average
• 6 (44.4%) structure rated as fair
• 0 ( 0.0%) structure rated as badly worn
Figure 3: Structural Conditions
Source: Hall County Assessor and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match.
Based upon these data, an assumption has been made that average condition and less would
constitute less than desirable conditions due to age and conditions. It is common for older
structures to get more maintenance and upkeep in order to maintain a good or higher
condition. Even an average structure will show some signs of deteriorating which in turn can
become a dilapidated structure in the future if it is not addressed over time. Overall, 88.8% of the
structures in this study area are average condition or worse.
Due to the stated conditions found in the Hall County Assessor’s data, the condition of the
structure is a contributing factor.
Deterioration of Site or Other Improvements
Site Improvements Conditions
The properties within the study area were accessed via the public street system and the
individual parking lots when possible. The only critical areas in need of site improvements within
this study area are on individual properties.
Based upon review of images of the study area below a number of the private parking areas
are in need to be updated and are creating deteriorated conditions within the study area.
Page 155 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 6
Based upon the field analysis, there are sufficient elements present to meet the definition of
deterioration of site and other improvements in the Study Area.
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 - 2023
Number of Structures Construction date Age Cumulative Age
1 1900 123 123
1 1920 103 226
1 1935 88 314
1 1940 83 397
1 1958 65 462
1 1960 63 525
1 1962 61 586
1 1963 60 646
1 1975 48 694
1 1979 44 738
1 1980 43 781
2 1992 62 843
1 1995 28 871
1 2003 20 891
Total Cummulative 15 891
Average Age 59.4
Source: Hall County Assessor’s and Marvin Planning Consultants 2023
Within the study area there are 15 primary structures. After researching the structural age on the
Hall County Assessor’s and Treasurer’s websites the six of the nine structures are over 40 years of
age. When examining the age based upon a cumulative approach, as in Table 2, the average
age of the primary structures is equal to 59.4 years; thus, meeting the requirements of the
statutes.
The age of the structures would be a direct contributing factor.
Improper Subdivision or Obsolete Platting
There is a presence of platted lots in the study area having been platted for more than 40 years
without being built upon.
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 area 88.8% of the structures were deemed to be in either average or
badly worn condition.
Page 156 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 7
• Deterioration of site or other improvements
o All of the deterioration of site improvements fall on private property and are a
contributing factor.
o Their current condition, if left alone, will become even more deteriorated in the very near
future.
• Diversity of Ownership
o There are approximately 21 different property owners within the study area.
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 The average age based upon a cumulative age calculation is 46.8 years.
• Improper Subdivision or Obsolete Platting
o There is a presence of platted undeveloped lots within the study area.
The other criteria for Blight were not present in the area, these included:
• Faulty Lot Layout
• Combination of factors which are impairing and/or arresting sound growth.
• Stable or decreasing population based upon the last two decennial census.
• Insanitary and Unsafe Conditions
• Dangerous conditions to life or property due to fire or other causes
• Defective/Inadequate street layouts
• 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.
Page 157 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 8
Substandard Conditions
Average age of the residential/commercial units in the area is at least 40 years
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of 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 3: AVERAGE STRUCTURAL AGE, BY METHOD - 2023
Number of Structures Construction date Age Cumulative Age
1 1900 123 123
1 1920 103 226
1 1935 88 314
1 1940 83 397
1 1958 65 462
1 1960 63 525
1 1962 61 586
1 1963 60 646
1 1975 48 694
1 1979 44 738
1 1980 43 781
2 1992 62 843
1 1995 28 871
1 2003 20 891
Total Cummulative 15 891
Average Age 59.4
Source: Hall County Assessor’s and Marvin Planning Consultants 2023
Within the study area there are 15 primary structures. After researching the structural age on the
Hall County Assessor’s and Treasurer’s websites the six of the nine structures are over 40 years of
age. When examining the age based upon a cumulative approach, as in Table 3, the average
age of the primary structures is equal to 59.4 years; thus, meeting the requirements of the
statutes.
The age of the structures would be a direct contributing factor.
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 #37
Blight Study Area #37 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
Page 158 of 170
Blight and Substandard Study
City of Grand Island, Nebraska • March 2023 Page 9
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.
• Improper Subdivision or Obsolete Platting
Substandard Conditions
• Average age of the structures in the area is at least forty years.
Page 159 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 12.a.
Subject: #9924 - Consideration of Vacation of Utility Easement in Bosselman
Subdivision; 2537 N Diers Avenue (Bosselman, Inc.)
Staff Contact: Chad Nabity
BACKGROUND: Utility easements within Bosselman Subdivision were filed with Hall
County Register of Deeds on July 9, 1993 as Instrument No. 93-105794 and October
20, 2004 as Instrument No. 200410452
DISCUSSION: The request at this time is to vacate the utility easements within Lot 1,
Bosselman Subdivision, which is located on the property addressed as 2537 North
Diers Avenue. The current property owner has worked with the Planning Department to
replat Bosselman Subdivision for redevelopment of the area. The attached sketch
details the referenced easements to be vacated.
FISCAL IMPACT: There is no fiscal impact.
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.
Take no action on the issue presented in this motion.
RECOMMENDATION: Move to approve as recommended.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
Page 160 of 170
1. Ordinance
2. Exhbit
Page 161 of 170
This Space Reserved for Register of Deeds
ORDINANCE NO. 9924
An ordinance to vacate existing access easements and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That existing utility easement located in Bosselman Subdivision, in the
City of Grand Island, Hall County, Nebraska and more particularly described as follows:
A VACATE OF A 10’X20’ UTILITY EASEMENT AS DESCIBED IN INSTRUMENT
NO. 200410452 FILED OCTOBER 20, 2004 AT THE REGISTER OF DEEDS,
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
AND
A VACATE OF A 16’ UTILITY EASEMENT AS DESCRIBED IN INSTRUMENT
NO. 93-105794 FILED JULY 1, 1993 AT THE REGISTER OF DEEDS, CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA..
is hereby vacated. Such easements to be vacated are shown and more particularly described on
Easement Vacate Exhibit 1 attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
Page 162 of 170
ORDINANCE NO. 9924 (Cont.)
- 2 -
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 11, 2023
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Page 163 of 170
Page 164 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 12.b.
Subject: #9925 - Consideration of Vacation of Utility Easement in Crane Valley
Eighth Subdivision; 1004 N Diers Avenue (Concord Development, LLC)
Staff Contact: Chad Nabity
BACKGROUND: This utility easement was dedicated with Crane Valley Fourth
Subdivision filed with Hall County Register of Deeds on August 13, 2002 as Instrument
No. 0200208529 and has carried over the plat of Crane Valley Eighth Subdivision
DISCUSSION: The request at this time is to vacate the utility easements within Lot 3,
Crane Valley Eighth Subdivision, which is located on the property addressed as 1004
North Diers Avenue. The current property owner has worked with the Planning
Department to replat this lot within Crane Valley Eighth Subdivision for redevelopment
of the area. The attached sketch details the referenced easements to be vacated.
FISCAL IMPACT: There is no fiscal impact.
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.
Take no action on the issue presented in this motion.
RECOMMENDATION: Move to approve as recommended.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
Page 165 of 170
1. Ordinance
2. Exhibit
Page 166 of 170
This Space Reserved for Register of Deeds
ORDINANCE NO.9925
An ordinance to vacate existing access easements and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That existing utility easement located in Crane Valley Eighth Subdivision,
in the City of Grand Island, Hall County, Nebraska and more particularly described as follows:
AN EASEMENT VACATE LOCATED IN PART OF A 10 FT. UTILITY EASEMENT
AS DESCRIBED IN INST. NO. 200208529, FILED AT THE HALL COUNTY
REGISTER OF DEEDS, IN PART OF LOT 3, CRANE VALLEY EIGHTH
SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 3, CRANE VALLEY
EIGHTH SUBDIVISION; THENCE ON AN ASSUMED BEARING OF
S00°34'54"E, ON A WEST LINE OF SAID LOT 3, A DISTANCE OF 65.05 FEET;
THENCE S42°12'52"W, ON A WESTERLY LINE OF SAID LOT 3, A DISTANCE
OF 47.10 FEET TO THE POINT OF BEGINNING; THENCE S00°34'54"E A
DISTANCE OF 14.72 FEET; THENCE S42°12'54"E A DISTANCE OF 40.90 FEET
TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER
CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 01°44'12", A RADIUS
OF 330.00 FEET, AN ARC LENGTH OF 10.00 FEET, A CHORD BEARING OF
N46°40'06"W AND A CHORD DISTANCE OF 10.00 FEET; THENCE
Page 167 of 170
ORDINANCE NO.9925 (Cont.)
- 2 -
N42°12'52"E A DISTANCE OF 51.51 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS A CALCULATED AREA OF 461.79 SQUARE FEET OR
0.011 ACRES MORE OR LESS.
is hereby vacated. Such easements to be vacated are shown and more particularly described on
Easement Vacate Exhibit 1 attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 11, 2023
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Page 168 of 170
N42°12'52"E51.51'(M)S00°34'54"E14.72'(M)S42°12'54"W40.90'(M)R=330.00'Δ=001°44'12"L=10.00'CB=N46°40'06"WCH=10.00'S00°34'54"E65.05'(M)S42°12'52"W47.10'(M)AN EASEMENT VACATE LOCATED IN PART OF LOT 3, CRANE VALLEY EIGHTH SUBDIVISION, IN THE CITY OF GRANDISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF LOT 3, CRANE VALLEY EIGHTH SUBDIVISION; THENCE ON ANASSUMED BEARING OF S00°34'54"E, ON A WEST LINE OF SAID LOT 3, A DISTANCE OF 65.05 FEET; THENCES42°12'52"W, ON A WESTERLY LINE OF SAID LOT 3, A DISTANCE OF 47.10 FEET TO THE POINT OF BEGINNING; THENCES00°34'54"E A DISTANCE OF 14.72 FEET; THENCE S42°12'54"E A DISTANCE OF 40.90 FEET TO A POINT OF CURVATURE;THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 01°44'12", A RADIUSOF 330.00 FEET, AN ARC LENGTH OF 10.00 FEET, A CHORD BEARING OF N46°40'06"W AND A CHORD DISTANCE OF10.00 FEET; THENCE N42°12'52"E A DISTANCE OF 51.51 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS ACALCULATED AREA OF 461.79 SQUARE FEET OR 0.011 ACRES MORE OR LESS.2023-00832PROJECT NO:DRAWN BY:2023-03-24DATE:JMJEXHIBITEASEMENT VACATE1TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801POBEASEMENT VACATE AREAEXISTING EASEMENT LINEEXISTING PROPERTY LINEMEASURED DISTANCEMPage 169 of 170
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: April 11, 2023
Item #: 13.a.
Subject: Potential Closed Session Regarding Councilmember Chuck Haase
Staff Contact: Councilmember Haase
BACKGROUND: The City Council may hold a closed or Executive Session as
permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall
not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the
amounts to be paid to individuals who have suffered from a tragedy of violence or
natural disaster.
DISCUSSION: The potential closed session is at the request of Councilmember Haase.
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS: None
Page 170 of 170