07-11-2012 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, July 11, 2012
Regular Meeting Packet
Commission Members:
John Amick Hall County
Karen Bredthauer Grand Island Vice Chairperson
Julie Connelly Grand Island
Scott Eriksen Grand Island
Mark Haskins Hall County
Bill Hayes Doniphan
Dennis McCarty Grand Island
Jaye Monter Cairo
Pat O’Neill Hall County Chairperson
Deb Reynolds Hall County
Leslie Ruge Alda Secretary
Don Snodgrass Wood River
Regional Planning Director: Chad Nabity
Technician:
Edwin Maslonka
Secretary:
Rose Woods
6:00 PM
Council Chambers - City Hall
100 East First Street
Grand Island Regular Meeting - 7/11/2012 Page 1 / 117
Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
DIRECTOR COMMUNICATION
This is an opportunity for the Director to comment on current events, activities, and issues of interest to
the commission.
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Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item A1
Agenda
Staff Contact: Chad Nabity
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REGIONAL PLANNING COMMISSION
AGENDA AND NOTICE OF MEETING
Wednesday, July 11, 2012
6:00 p.m.
City Hall Council Chambers — Grand Island
1. Call to Order.
This is a public meeting subject to the open meetings laws of the State
of Nebraska. The requirements for an open meeting are posted on the
wall in this room and anyone who would like to find out what those are
is welcome to read through them.
2. Minutes of June 6, 2012.
3.Request Time to Speak.
4.Public Hearing – Concerning an amendment to the redevelopment plan for
CRA, Area 6, for a Site Specific Redevelopment Plan for 709 & 715 W 18th
Street, in Grand Island, Hall County, Nebraska. Resolution No. 2012-06. (C-
20-2012GI)
5.Public Hearing - Concerning adoption of a blight and substandard Area 10.
This property is located between East Oklahoma Avenue and Phoenix
Avenue and Kimball Ave and Oak Street, in the City of Grand Island. (C-21-
2012GI)
6.Public Hearing - Concerning adoption of a blight and substandard Area 11.
This property is located south of Capital Avenue and between north Broadwell
Ave and north Wheeler Ave., in the City of Grand Island. (C-22-2012GI)
7.Referral – Concerning the formation of a new business improvement district
along South Locust Street, from Fonner Park Road to Stolley Park Road in
Grand Island to create South Locust Street BID 2012 (formally BID 4). (C-23-
2012GI)
8.Final Plat – Sheaffer Second Subdivision – located west of Claude Rd.,
and south of Arch Ave., in the City of Grand Island, in Hall County, Nebraska.
Consisting of (2 Lots) and 5.6046 acres.
9.Final Plat – White Tail Country Subdivision – located south of Platte River
Drive and west of S 110th Road, in Hall County, Nebraska. Consisting of (1
Lot) and 4.173 acres.
10. 2012-2013 Budget and Fees.
11. Planning Director’s Report
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12. Next Meeting August 1, 2012
13. Adjourn
PLEASE NOTE: This meeting is open to the public, and a current agenda is on file at the office of the
Regional Planning Commission, located on the second floor of City Hall in Grand Island, Nebraska.
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Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item E1
Meeting Minutes
Staff Contact: Chad Nabity
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THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
June 6, 2012
The meeting of the Regional Planning Commission was held Wednesday, June 6,
2012, in the Community Meeting Room - City Hall – Grand Island, Nebraska. Notice
of this meeting appeared in the "Grand Island Independent" May 26, 2012.
Present:Bill Hayes Leslie Ruge
Karen Bredthauer Pat O’Neill
Deb Reynolds John Amick
Mark Haskins Dennis McCarty
Absent: Julie Connelly, Don Snodgrass, Scott Eriksen, Jaye Monter
Other:
Staff:Chad Nabity, Rose Woods
Press:
1.Call to order.
Chairman O’Neill called the meeting to order at 6:04 p.m. He stated that this
was a public meeting subject to the open meetings laws of the State of
Nebraska. He noted that the requirements for an open meeting were posted
on the wall in the room and easily accessible to anyone who may be interested
in reading them.
2. Minutes of May 2, 2012 meeting.
A motion was made by Bredthauer to approve the meeting minutes and
seconded by Hayes to approve the Minutes of the May 2, 2012 meeting as
mailed.
The motion carried with 8 members present and 6 voting in favor (Ruge,
O’Neill, Bredthauer, Hayes, Amick and Reynolds) and two members present
abstaining (Amick, McCarty).
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3. Request Time to Speak.
Ron DePue 308 N Locust. Item #4.
Kelly Rafferty 717 W Anna. Item #5.
4. Public Hearing – Consideration of the redevelopment plan for CRA area #9, located
between State Street and Capital Avenue and US Highway 281 and Webb Road, in
Grand Island, Hall County, Nebraska. Resolution 2012-04. (C-18-2012GI)
O’Neill opened the Public Hearing.
Nabity explained this was the redevelopment plan for CRA #9, located between
State Street and Capital Avenue and US Highway 281 and Webb Road.
The enclosed plan is based on the one prepared by Marvin Planning
Consultants as part of the blight study.
This study does not specifically approve any TIF projects but does outline the
types of activities that could be considered for Tax Increment Financing in this
redevelopment area. These activities focus on public improvements to utility,
drainage and transportation infrastructure. Any applications for TIF on these
properties would be subject to specific approval by the CRA and City Council
and recommendation of the Planning Commission.
O’Neill closed the Public Hearing.
A motion was made by Reynolds and seconded by Amick to approve the
Redevelopment Plan and Resolution 2012-04.
A roll call vote was taken and the motion passed with 8 members present and voting in
favor (McCarty, Amick, O’Neill, Hayes, Bredthauer, Ruge, Reynolds and Haskins) and
no one voting against.
5. Public Hearing – Amendment to the redevelopment plan for CRA area #9, for a Site
Specific Redevelopment Plan for 3420 W State Street, in Grand Island, Hall County,
Nebraska. Resolution 2012-05. (C-19-2012GI)
O’Neill opened the Public Hearing.
Nabity explained the Equity Investment Group of Fort Wayne Indiana is proposing to
remodel and rehabilitate the old grocery/furniture store at 3420 W. State Street. The
developer is seeking Tax Increment Financing to offset the cost of remodeling and
rehabilitation of the property. Improvements will be made to the existing building to
convert it from a single tenant big box into multiple tenant spaces. Several nationally
known retailers have signed letters of intent occupy this space once the remodeling is
done.
O’Neill closed the Public Hearing.
A motion was made by Bredthauer and seconded by McCarty to approve the
Redevelopment Plan and Resolution 2012-05.
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A roll call vote was taken and the motion passed with 8 members present and voting in
favor (McCarty, Amick, O’Neill, Hayes, Bredthauer, Ruge, Reynolds and Haskins) and
no one voting against.
6.Public Hearing – Rezone - A request to rezone properties located west of
Independence Avenue and north of 13th Street. From LLR Large Lot Residential to
R1 Low Density Residential Zone, in the City of Grand Island. (C-17-2012GI)
O’Neill opened the Public Hearing.
Nabity explained this was a request to rezone approximately 2.885 acres of land west
of Independence Avenue and north of 13th Street, from LLR Large Lot Residential to
R1 Suburban Density Residential, in the City of Grand Island. The purpose of this
rezoning request is to aid in the development of property.
O’Neill closed the Public Hearing.
A motion was made by Ruge and seconded by Reynolds to approve the rezone as
presented.
A roll call vote was taken and the motion passed with 8 members present and voting in
favor (McCarty, Amick, O’Neill, Hayes, Bredthauer, Ruge, Reynolds and Haskins) and
no one voting against.
7.Final Plat – Western Heights Seventh, located west of Independence Avenue and
north of 13th Street, in Grand Island, Hall County, Nebraska. Consisting of 2.885
acres and (4 Lots).
A motion was made by Ruge and seconded by Haskins to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 8 members present and voting in
favor (McCarty, Amick, O’Neill, Hayes, Bredthauer, Ruge, Reynolds and Haskins) and
no one voting against.
11. Planning Director’s Report
Budget time is near. Nabity said Community Beautification Awards nominations would
be accepted.
12. Next Meeting July 11, 2012
13. Adjourn
Chairman Pat O’Neill adjourned the meeting at 6:30 p.m.
___________________________________________
Leslie Ruge, Secretary
by Rose Woods
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Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item F1
Public Hearing - Baker Redevelopment Plan
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 7/11/2012 Page 10 / 117
Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
June 28, 2012
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area #6 at
on 18th Street between Eddy and Cleburn in Grand Island Nebraska and other properties as
necessary to support this development. (C-20-2012GI)
PROPOSAL:
Baker Development Inc. is proposing to acquire property, extend services, prepare the site and build a
duplex on property located at 709 and 715 W 18th Street. The developer is seeking Tax Increment
Financing to offset the cost of acquisition of the property, service extension, and site preparation. The
property is currently vacant.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard areas is to provide incentives for
development in underdeveloped areas of the community. This project will provide commercial
development in a location that is intended for these uses. Development of this property should
prevent further decay of this neighborhood. This area has already been declared blighted and
substandard by the CRA, the Hall County Regional Planning Commission and the Grand Island City
Council.
This project is consistent with the existing zoning and the future land use plan for the City of
Grand Island. This is evidenced by the fact that the property is zoned B2 General Business. The B2
zone allows for the development of housing as a permitted use. There is a residential property to the
north of 18th Street. All of the properties on the south side of 18th Street surrounding these vacant
lots are also used for residential purposes. The B2 zone requires 1000 square feet of property per
dwelling unit and there are more than 13,900 square feet of property available on these 2 lots.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan calls for general commercial
at this location and mixed use commercial within 1 block to the south and west; the Zoning Map
defines this area as a commercial district that permits housing. Grace Abbott Park is located one
half block to the east.
The Planning Commission is required to comment on these applications to confirm that expenditure
of public funds through TIF is not supporting uses that would be inconsistent with the
Comprehensive Plan. The proposed use for residential units at this location is supported by the
plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve of the
redevelopment plan amendment as submitted. A resolution is attached for your consideration.
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___________________ Chad Nabity AICP, Planning Director
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Redevelopment Plan Amendment
Grand Island CRA Area #6
May 2012
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area #6 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #6.
Executive Summary:
Project Description
THE ACQUISITION OF PROPERTY LOCATED AT 709 AND 715 W 18TH STREET
AND THE SUBSEQUENT SITE WORK, UTILITY and ENGINEERING,
LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR
CONSTRUCTING A DUPLEX AT THIS LOCATION.
The use of Tax Increment Financing to aid in the acquisition of property along with costs
associated with redevelopment of this site with a new duplex. The use of Tax Increment
Financing makes it affordable to provide additional housing in Grand Island at this
location at a contract rent that is consistent with the neighborhood. This project would
not be possible in an affordable manner without the use of TIF.
The site is under contract for purchase by developer contingent on the approval of TIF.
All acquisition costs, site work, and utilities will be paid for by the developer. The
developer is responsible for and has provided evidence that they can secure adequate debt
financing to cover the costs associated with the acquisition, site work and remodeling.
The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad
valorem taxes generated over the 15 year period beginning January 1, 2014 towards the
allowable costs and associated financing for the acquisition and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located at the between Cleburn Street and Eddy Street on the south side
of 18th Street in northeast Grand Island. The attached map identifies the subject property
and the surrounding land uses:
Legal Descriptions Lot 2 and Lot 3 of Block 22 of Schimmer’s Addition
to the City of Grand Island.
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The tax increment will be captured for the tax years the payments for which become
delinquent in years 2014 through 2028 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from development of a duplex
housing unit at this location.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2014.
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
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Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on October 9, 2007.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to acquire the necessary property and provide the necessary site work for
the construction of a permitted use on this property.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area #6 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority. The developer is proposing to acquire the property through private contract.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does call for the demolition and removal of
an existing substandard housing unit at this location. The structure to be demolished is a
vacant substandard residential structure owned by the applicant.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for commercial development. [§18-2103(b) and §18-2111] The attached map
also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
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City of Grand Island Future Land Use Map
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d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2-Genereal Business zone. No zoning changes are anticipated with
this project. No changes are anticipated in street layouts or grades. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing purchase the property. The B2 zoning district allow 1
dwelling unit per 1000 square feet of property the combined size of the two lots is
slightly more than 13139 square feet; enough to legally accommodate a duplex housing
unit. The property is zoned B2 and could accommodate a building of up to 100% of the
property area. The proposed units including the attached garages will cover about 2,984
square feet, well within the allowable coverage. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. New water and sewer
services may be required for this building. Water is located on the north side of 18th
Street and no services are present on the south side of the street for these lots.
No other utilities would be impacted by the development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This property, under contract
by the developer is currently vacant and undeveloped, no relocation is needed. [§18-
2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
Baker Development Inc. does have a banking relationship with Home Federal Bank in
Grand Island, Nebraska. Barry Sandstrom, Chair of the CRA is also President of Home
Federal Bank. He will abstain from the votes on actions taken on this project.
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6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer has a contract to purchase the property. The cost of property acquisition is
included as a TIF eligible expense. Costs for acquisition, site preparation, utilities
extensions, landscaping and concrete are $38,250. These expenses are included as TIF
eligible expenses. Fees and reimbursement to the City and the CRA of $2750 are
included as a TIF eligible expense. .
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $42,000 from the proceeds of the TIF
Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax
Increment Revenues generated from the project. TIF revenues shall be made available to
repay the original debt and associated interest after January 1, 2014 through December
2029.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
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that it will allow for the utilization of and redevelopment of existing lots. This will not
significantly impact traffic on at the Five Points intersection. New residential rental
properties in this area raise property values and provide a stimulus to keep surrounding
properties properly maintained. This will have the intended result of preventing recurring
elements of unsafe buildings and blighting conditions.
8. Time Frame for Development
Development of this project (including demolition, site preparation and new construction)
is anticipated to be completed between September 2012 and March of 2012. Excess
valuation should be available for this project for 15 years beginning with the 2014 tax
year.
9. Justification of Project
This is a residential neighborhood characterized by single family dwellings on smaller
lots. The City of Grand Island is in need of additional housing units and this
development will result in 2 brand new housing units. This is infill development in an
area with all city services available. This project does not propose to tear down any
buildings.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $20,909. The
proposed demolition and subsequent construction of a duplex at this location will result
in an additional $138,000 of taxable valuation based on an analysis by the Hall County
Assessor’s office. No tax shifts are anticipated from the project. The project creates
additional valuation that will support taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
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The proposed facility will provide jobs for persons employed with Baker
Construction. It will have no impact on other firms locating or expanding in the area.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers and will result in
additional housing choices for employees within the city.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This project will increase the available quality housing in Grand Island by a net of 2
units. These types of smaller projects spread throughout the city will have a less drastic
impact on neighborhoods and schools than a centralized larger housing project.
Time Frame for Development
Development of this project is anticipated to be completed during between September
2012 and March of 2013. The base tax year should be calculated on the value of the
property as of January 1, 2013. Excess valuation should be available for this project for
15 years beginning in 2014. Excess valuation will be used to pay the TIF Indebtedness
issued by the CRA per the contract between the CRA and the developer for a period not
to exceed 15 years or an amount not to exceed $42,000. This is about $3,000 less than
the projected amount of increment based upon the anticipated value of the project and
current tax rate. Based on the estimates of the expenses of the cost of acquisition, site
preparation, expenses and fees reimbursed to the City and CRA, the developer will spend
at least $42,000 on TIF eligible activities.
See Attached Building Plans
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REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the _____th day of
___________, 2012, by and between the Community Redevelopment Authority of the City of
Grand Island, Nebraska (“Authority”), and Baker Development, Inc., a Nebraska corporation
(“Redeveloper”).
WITNESSETH:
WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the
purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska
Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2007, as
amended (collectively the “Act”), has designated an area in the City as blighted and substandard;
and
WHEREAS, City and Redeveloper desire to enter into this Redevelopment Contract for
redevelopment of a parcel in the blighted and substandard area;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set
forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1.01 Terms Defined in this Redevelopment Contract.
Unless the context otherwise requires, the following terms shall have the following
meanings for all purposes of this Redevelopment Contract, such definitions to be equally
applicable to both the singular and plural forms and masculine, feminine and neuter gender of
any of the terms defined:
“Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101
through 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended, and acts amendatory
thereof and supplemental thereto
“Authority” means the Community Redevelopment Authority of the City of Grand Island,
Nebraska.
“City” means the City of Grand Island, Nebraska.
“Governing Body” means the Mayor and City Council of the City.
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“Holder” means the holders of TIF indebtedness issued by the Authority from time to
time outstanding.
“Liquidated Damages Amount” means the amounts to be repaid to Authority by
Redeveloper pursuant to Section 6.02 of this Redevelopment Contract.
“Project” means the improvements to the Redevelopment Area, as further described in
Exhibit B attached hereto and incorporated herein by reference and, as used herein, shall include
the Redevelopment Area real estate.
“Project Cost Certification” means a statement prepared and signed by the Redeveloper
verifying the Redeveloper has been legally obligated for the payment of Project Costs identified
on Exhibit D
“Project Costs” means only costs or expenses incurred by Redeveloper for the purposes
set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit D.
“Redeveloper” means Baker Development, Inc., a Nebraska corporation.
“Redevelopment Area” means that certain real property situated in the City of Grand
Island, Hall County, Nebraska, which has been declared blighted and substandard by the City
pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
“Redevelopment Contract” means this redevelopment contract between the Authority and
Redeveloper with respect to the Project.
“Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment
Area related to the Project, prepared by the Authority and approved by the City pursuant to the
Act.
“Resolution” means the Resolution of the Authority, as supplemented from time to time,
approving this Redevelopment Contract and the issuance of the TIF Indebtedness.
“TIF Indebtedness” means any bonds, notes, loans, and advances of money or other
indebtedness, including interest and premiums, if any, thereon, incurred by the Authority
pursuant to Article III hereof and secured in whole or in part by TIF Revenues.
“TIF Revenues” means incremental ad valorem taxes generated by the Project which are
allocated to and paid to the Authority pursuant to the Act.
Section 1.02 Construction and Interpretation.
The provisions of this Redevelopment Contract shall be construed and interpreted in
accordance with the following provisions:
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(a)Wherever in this Redevelopment Contract it is provided that any person
may do or perform any act or thing the word “may” shall he deemed permissive and not
mandatory and it shall be construed that such person shall have the right, but shall not be
obligated, to do and perform any such act or thing.
(b)The phrase “at any time” shall be construed as meaning “at any time or
from time to time.”
(c)The word ‘including” shall be construed as meaning ‘‘including, but not
limited to.”
(d)The words ‘will” and “shall” shall each be construed as mandatory.
(e)The words “herein,” “hereof,” “hereunder,”” hereinafter” and words of
similar import shall refer to the Redevelopment Contract as a whole rather than to any
particular paragraph, section or subsection, unless the context specifically refers thereto.
(f)Forms of words in the singular, plural, masculine, feminine or neuter shall
be construed to include the other forms as the context may require.
(g)The captions to the sections of this Redevelopment Contract are for
convenience only and shall not be deemed part of the text of the respective sections and
shall not vary by implication or otherwise any of the provisions hereof.
ARTICLE II
REPRESENTATIONS
Section 2.01 Representations by Authority.
The Authority makes the following representations and findings:
(a)the Authority is a duly organized and validly existing Community
Redevelopment Authority under the Act.
(b)The Redevelopment Plan has been duly approved and adopted by the City
pursuant to Section 18-2109 through 18-2117 of the Act.
(c)The Authority deems it to be in the public interest and in furtherance of the
purposes of the Act to accept the proposal submitted by Redeveloper as specified herein.
(d)The Redevelopment Project will achieve the public purposes of the Act by,
among other things, increasing employment, improving public infrastructure, increasing
the tax base, and lessening conditions of blight and substandard in the Redevelopment
Area.
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(e)(1) The Redevelopment Plan is feasible and in conformity with the general
plan for the development of the City as a whole and the plan is in conformity with the
legislative declarations and determinations set forth in the Act, and
(2) Based on Representations made by the Redeveloper:
(i) the Project would not be economically feasible without the use
of tax-increment financing,
(ii) the Project would not occur in the Redevelopment Area without
the use of tax-increment financing, and
(iii) the costs and benefits of the Project, including costs and benefits
to other affected political subdivisions, the economy of the community, and
the demand for public and private services have been analyzed by the
Authority and have been found to be in the long-term best interest of the
community impacted by the Project.
(f)The Authority has determined that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purpose of
accomplishing, in conformance with the general plan, a coordinated, adjusted, and
harmonious development of the City and its environs which will, in accordance with
present and future needs, promote health, safety, morals, order, convenience, prosperity,
and the general welfare, as well as efficiency and economy in the process of
development: including, among other things, adequate provision for traffic, vehicular
parking, the promotion of safety from fire, panic, and other dangers, adequate provision
for light and air, the promotion of the healthful and convenient distribution of population,
the provision of adequate transportation, water, sewerage and other public utilities,
schools, parks, recreational and community facilities, and other public requirements, the
promotion of sound design and arrangement, the wise and efficient expenditure of public
funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling
accommodations, or conditions of blight.
Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
(a)The Redeveloper is a Nebraska corporation, having the power to enter into
this Redevelopment Contract and perform all obligations contained herein and by proper
action has been duly authorized to execute and deliver this Redevelopment Contract.
(b)The execution and delivery of the Redevelopment Contract and the
consummation of the transactions therein contemplated will not conflict with or constitute
a breach of or default under any bond, debenture, note or other evidence of indebtedness
or any contract, loan agreement or lease to which Redeveloper is a party or by which it is
bound, or result in the creation or imposition of any lien, charge or encumbrance of any
nature upon any of the property or assets of the Redeveloper contrary to the terms of any
instrument or agreement.
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(c)There is no litigation pending or to the best of its knowledge threatened
against Redeveloper affecting its ability to carry out the acquisition, construction,
equipping and furnishing of the Project or the carrying into effect of this Redevelopment
Contract or, except as disclosed in writing to the Authority, as in any other matter
materially affecting the ability of Redeveloper to perform its obligations hereunder.
(d)Any financial statements of the Redeveloper or its Members delivered to
the Authority prior to the date hereof are true and correct in all respects and fairly present
the financial condition of the Redeveloper and the Project as of the dates thereof; no
materially adverse change has occurred in the financial condition reflected therein since
the respective dates thereof; and no additional borrowings have been made by the
Redeveloper since the date thereof except in the ordinary course of business, other than
the borrowing contemplated hereby or borrowings disclosed to or approved by the
Authority.
(e)The Project would not be economically feasible without the use of tax
increment financing.
(f)The Project would not occur in the Redevelopment Area without the use of
tax-increment financing.
(g)The Redeveloper is an accredited investor as that term is defined for
purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended.
ARTICLE III
OBLIGATIONS OF THE AUTHORITY
Section 3.01 Division of Taxes.
In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad
valorem tax on the following real property in the Project: to wit: the property shown on attached
Exhibit A, for the benefit of any public body be divided for a period of fifteen years after the
effective date of this provision as set forth in this section. The effective date of this provision
shall be January 1, 2013.
(a)That proportion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the Redevelopment Project Valuation (as
defined in the Act) shall be paid into the funds of each such public body in the same
proportion as all other taxes collected by or for the bodies; and
(b)That proportion of the ad valorem tax on real property in the
Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if
any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of
the Authority to pay the principal of, the interest on, and any premiums due in connection
with the bonds, loans, notes or advances of money to, or indebtedness incurred by
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whether funded, refunded, assumed, or otherwise, such Authority for financing or
refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad valorem
taxes upon real property in such Project shall be paid into the funds of the respective
public bodies.
Section 3.02 Issuance of TIF Indebtedness
Authority shall incur TIF Indebtedness in the form and principal amount and bearing
interest and being subject to such terms and conditions as are specified on the attached exhibit C.
No TIF Indebtedness will be issued until Redeveloper has (a) acquired fee title to the
Redevelopment Area; (b) obtained financing commitments as described in Section 5.01; and (c)
entered into a contract for construction of the Project. The Authority shall have no obligation to
find a lender or investor to acquire the TIF Indebtedness, but rather shall issue the TIF
Indebtedness to the Redeveloper upon payment of the principal amount thereof. The purchase
price of the TIF Indebtedness may be offset against the Grant described in Section 3.04 hereof, in
the sole discretion of the Authority.
The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a
limited obligation of the Authority payable exclusively from that portion of the ad valorem real
estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2007, as levied,
collected and apportioned from year to year with respect to certain real estate located within the
"Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the
Authority and the Authority shall be liable for the payment thereof only out of said portion of
taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of
the State of Nebraska or of the City or the Authority (except for such receipts as have been
pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City
shall be liable for the payment thereof from any fund or source including but not limited to tax
monies belonging to either thereof (except for such receipts as have been pledged pursuant to
Section 3.03). Neither the members of the Authority's governing body nor any person executing
the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance
thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all
events no later than 15 years from the effective date set forth in Section 3.01 hereof.
Section 3.03 Pledge of TIF Revenues.
The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF
Indebtedness.
Section 3.04 Grant of Proceeds of’ TIF Indebtedness.
From the proceeds of the TIF indebtedness incurred as described on Exhibit C, the
Authority shall grant the following sums to the following entities, to wit: 100% to the
Redeveloper for Project Costs.
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Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of
Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon
certification that the Redeveloper has incurred or is obligated to incur such Project Costs which
include supporting documentation requested by Authority and shall, if requested by Redeveloper,
be made in one or more advances.
Section 3.05 Creation of Fund.
The Authority will create a special fund to collect and hold the TIF Revenues. Such
special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to
Sections 3.02 above.
ARTICLE IV
OBLIGATIONS OF REDEVELOPER
Section 4.01 Construction of Project; Insurance.
(a) Redeveloper will complete the Project and install all infrastructure, improvements,
buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper
shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct
and equip the Project. Until construction of the Project has been completed, Redeveloper shall
make reports in such detail and at such times as may be reasonably requested by the Authority as
to the actual progress of Redeveloper with respect to construction of the Project. Promptly after
completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a
Certificate of Completion. The certification by the Redeveloper shall be a conclusive
determination of satisfaction of the agreements and covenants in this Redevelopment Contract
with respect to the obligations of Redeveloper and its successors and assigns to construct the
Project. As used herein, the term “completion” shall meant substantial completion of the Project.
(b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be
required to obtain and keep in force at all times until completion of construction, policies of
insurance including coverage for contractors’ general liability and completed operations and a
penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named
as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an
owner, shall be required to purchase and maintain property insurance upon the Project to the full
insurable value thereof. This insurance shall insure against the perils of fire and extended
coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or
the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance
evidencing policies as required above. Such certificates shall state that the insurance companies
shall give the Authority prior written notice in the event of cancellation of or material change in
any of any of the policies.
(c) Redeveloper shall pay, on execution hereof the sum of $1,000.00 to the City of Grand
Island for administrative expenses related to payment of the tax increment revenue.
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Section 4.02 Cost Certification.
Redeveloper shall submit to Authority a certification of Project Costs, on or before the
issuance of the TIF Indebtedness which shall contain detail and documentation showing the
payment or obligation for payment of Project Costs specified on the attached Exhibit D in an
amount at least equal to the grant to Redeveloper pursuant to Section 3.05.
Section 4.03 Legal Costs.
Redeveloper shall pay the Authority the sum of $1,250 for the costs incurred by the
Authority associated with the issuance of the TIF Indebtedness. Redeveloper understands that
the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not
the Redeveloper.
Section 4.04 No Discrimination.
Redeveloper agrees and covenants for itself, its successors and assigns that as long as any
TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons
on account of race, sex, color, religion, national origin, ancestry, disability, marital status or
receipt of public assistance in connection with the Project. Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Project, Redeveloper will not
discriminate against any employee or applicant for employment because of race, religion, sex,
color, national origin, ancestry, disability, marital status or receipt of public assistance.
Redeveloper will comply with all applicable federal, state and local laws related to the Project.
Section 4.05 Pay Real Estate Taxes.
Redeveloper intends to create a taxable real property valuation [over and above the
valuation thereof as the same existed on January 1, 2012] of the Redevelopment Project Area of
One Hundred Fifty Eight Thousand Dollars ($158,000) no later than no later than January 1,
2013. During the period that any TIF Indebtedness is outstanding, neither the Redeveloper, nor
its assigns, will (1) file a protest seeking to obtain a real estate property valuation on the
Redevelopment Area of less than the sum of: (a) One Hundred Fifty Eight Thousand Dollars
($158,000) and (b) the valuation of the Redevelopment Project Area as the same existed on
January 1, 2012; (2) convey the Redevelopment Area or structures thereon to any entity which
would be exempt from the payment of real estate taxes or cause the nonpayment of such real
estate taxes; nor (3) allow real estate taxes and assessments levied on the Redevelopment Area
and Project to become delinquent during the term that any TIF Indebtedness is outstanding.
Redeveloper shall pay the real property ad valorem taxes for the project for the year 2027 prior
to January 1, 2028.
Section 4.07 Assignment or Conveyance.
Any assignment or conveyance of the any portion of the Redevelopment, the Project or
any interest therein prior to the termination of the 15 year period commencing on the effective
date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and
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conditions of this Redevelopment Contract.
Section 4.08 Purchase of TIF Indebtedness.
The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount
thereof upon issuance of such debt. The Authority may provide that such purchase be offset
against the grant provided in Section 3.04 hereof.
Section 4.09 Penal Bond.
The Developer shall execute a penal bond for the Project with good and sufficient surety
to be approved by the Authority meeting the requirements of Section 18-2151, Reissue Revised
Statutes of Nebraska, as amended, on or prior to its execution of this Contract.
Section 4.10 Immigration Status.
The Redeveloper agrees that any contractor for the Project shall be required to agree to
use a federal immigration verification system (as defined in §4-114, R.S. Supp. 2009) to
determine the work eligibility status of new employees physically performing services on the
Project and to comply with all applicable requirements of §4-114, R.S. Supp. 2009.
ARTICLE V
FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES
Section 5.01 Financing.
Redeveloper shall pay all Project Costs and any and all other costs related to the
Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds
of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness,
Redeveloper shall provide Authority with evidence satisfactory to the Authority that private
funds have been committed to the Redevelopment Project in amounts sufficient to complete the
Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other
amounts associated with the Project which shall include such other fees and expenses imposed
by the Authority.
ARTICLE VI
DEFAULT, REMEDIES; INDEMNIFICATION
Section 6.01 General Remedies of Authority and Redeveloper.
Subject to the further provisions of this Article VI, in the event of any failure to perform or
breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or
any successor to such party, such party, or successor, shall, upon written notice from the other,
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proceed immediately to commence such actions as may be reasonably designed to cure or
remedy such failure to perform or breach which cure or remedy shall be accomplished within a
reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or
diligently pursued, or the failure to perform or breach shall not be cured or remedied within a
reasonable time, this Redevelopment Contract shall be in default and the aggrieved party
may institute such proceedings as may be necessary or desirable to enforce its rights under this
Redevelopment Contract, including, but not limited to, proceedings to compel specific
performance by the party failing to perform on in breach of its obligations.
Section 6.02 Additional Remedies of Authority
In the event that:
(a)the Redeveloper, on successor in interest, shall fail to complete the
construction of the Project on or before January 1, 2013, or shall abandon construction
work for any period of 90 days,
(b)the Redeveloper, on successor in interest, shall fail to pay real estate taxes
or assessments on the Redevelopment Area on any part thereof or payments in lieu of
taxes pursuant to Section 4.07 when due; or
(c) There is, in violation of Section 4.08 of this Redevelopment Contract, and
such failure or action by the Redeveloper has not been cured within 30 days following
written notice from Authority, then the Redeveloper shall be in default of this
Redevelopment Contract.
In the event of such failure to perform, breach or default occurs and is not cured in the
period herein provided, the parties agree that the damages caused to the Authority would be
difficult to determine with certainty and that a reasonable estimation of the amount of damages
that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this
Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness,
plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The
Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of
demand from Authority.
Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%)
over the prime rate as published and modified in the Wall Street Journal from time to time and
interest shall commence from the date that the Authority gives notice to the Redeveloper
demanding payment.
Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its
obligation to pay real estate taxes or assessments with respect to the Project.
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Section 6.03 Remedies in the Event of Other Redeveloper Defaults.
In the event the Redeveloper fails to perform any other provisions of this Redevelopment
Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall
be in default. In such an instance, the Authority may seek to enforce the terms of this
Redevelopment Contract or exercise any other remedies that may be provided in this
Redevelopment Contract or by applicable law; provided, however, that the default covered by
this Section shall not give rise to a right or rescission on termination of this Redevelopment
Contract, and shall not be covered by the Liquidated Damages Amount.
Section 6.04 Forced Delay Beyond Party’s Control.
For the purposes of any of the provisions of this Redevelopment Contract, neither the
Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be
considered in breach of or default in its obligations with respect to the conveyance or preparation
of the Redevelopment Area for redevelopment, or the beginning and completion of construction
of the Project, or progress in respect thereto, in the event of forced delay in the performance of
such obligations due to unforeseeable causes beyond its control and without its fault or
negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the
Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather or delays in subcontractors due to such causes;
it being the purpose and intent of this provision that in the event of the occurrence of any such
forced delay, the time or times for performance of the obligations of the Authority or of the
Redeveloper with respect to construction of the Project, as the case may be, shall be extended for
the period of the forced delay: Provided, that the party seeking the benefit of the provisions of
this section shall, within thirty (30) days after the beginning of any such forced delay, have first
notified the other party thereto in writing, and of the cause or causes thereof and requested an
extension for the period of the forced delay.
Section 6.05 Limitations of Liability; Indemnification.
Notwithstanding anything in this Article VI or this Redevelopment Contract to the
contrary, neither the City, the Authority, nor their officers, directors, employees, agents or their
governing bodies shall have any pecuniary obligation or monetary liability under this
Redevelopment Contract. The sole obligation of the Authority under this Redevelopment
Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds
thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the
City and Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF
Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City or
Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of
any representations, warranties or obligations hereunder. The Redeveloper releases the City and
Authority from, agrees that neither the City or Authority shall be liable for, and agrees to
indemnify and hold the City and Authority harmless from any liability for any loss or damage to
property or any injury to or death of any person that may be occasioned by any cause whatsoever
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pertaining to the Project.
The Redeveloper will indemnify and hold each of the City and Authority and their
directors, officers, agents, employees and member of their governing bodies free and harmless
from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including
litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or
injury, actual or claimed, of whatsoever kind or character, to property (including loss of use
thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term
of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether
on not related to the Project, or resulting from or in any way connected with specified events,
including the management of’ the Project, or in any way related to the enforcement of this
Redevelopment Contract or army other cause pertaining to the Project.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Notice Recording.
This Redevelopment Contract or a notice memorandum of this Redevelopment Contract
shall be recorded with the County Register of Deeds in which the Redevelopment Area is
located.
Section 7.02 Governing Law.
This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska,
including but not limited to the Act.
Section 7.03 Binding Effect; Amendment.
This Redevelopment Contract shall be binding on the parties hereto and their respective
successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area.
The Redevelopment Contract shall not be amended except by a writing signed by the party to be
bound.
Section 7.04 Third Party Enforcement,
The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the
benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the
Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment
Contract in a court of law.
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IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment
Contract as of the date and year first above written.
COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF
ATTEST: GRAND ISLAND, NEBRASKA
_________________________________By:___________________________________
Secretary Chairman
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Baker Development, Inc.
By:_____________________________
President
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL)
The foregoing instrument was acknowledged before me this ______ day of ______,
_____, by _______________ and ________________, Chair and Secretary, respectively, of the
Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the
Authority.
__________________________________
Notary Public
Grand Island Regular Meeting - 7/11/2012 Page 48 / 117
STATE OF NEBRASKA )
) ss.
COUNTY OF __________)
The foregoing instrument was acknowledged before me this ______ day of ______,
_____, by ___________________, President of Baker Development, Inc., on behalf of the
corporation.
__________________________________
Notary Public
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EXHIBIT A
Lots 2 and 3, Block 22, Schimmer’s Addition to the City of Grand Island, Hall County,
Nebraska.
A-I
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EXHIBIT B
DESCRIPTION OF PROJECT
The acquisition of property located at 709 and 715 w 18th street and the subsequent site
preparation work, utility and engineering, landscaping and parking improvements necessary for
constructing a duplex at the site.
B- 1
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EXHIBIT C
TIF INDEBTEDNESS
1.Principal Amount:$42,000.00 [annual payment amounts assumed are $3,000.00]
2.Payments:Semi-annually or more frequent, with payments limited to
annual incremental taxes revenues from the project.
3. Interest Rate: Zero percent (0.00%)
4. Maturity Date:On or before December 31, 2027.
C-1
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EXHIBIT D
PROJECT COSTS
All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including:
1.Redevelopment Area acquisition cost
2.Site demolition work and site preparation
3.Utility extensions, installation of gas, water, sewer and electrical lines and equipment
4.Underground and surface concrete, including parking.
5.Sidewalk rehabilitation
D-1
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Resolution Number 2012 - 06
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF A REDEVELOPMENT
PLAN OF THE CITY OF GRAND ISLAND, NEBRASKA; AND APPROVAL OF
RELATED ACTIONS
WHEREAS, the Chairman and Board of the Community Redevelopment Authority of the City of
Grand Island, Nebraska (the “Authority”), referred that certain Redevelopment Plan to the Hall County
Regional Planning Commission, (the “Commission”) a copy of which is attached hereto as Exhibit “A”
for review and recommendation as to its conformity with the general plan for the development of
the City of Grand Island, Hall County, Nebraska, pursuant to Section 18-2112 of the Community
Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the
“Act”); and
WHEREAS, the Commission has reviewed said Redevelopment Plan as to its conformity with
the general plan for the development of the City of Grand Island, Hall County;
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL
PLANNING COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Redevelopment Plan.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of
this resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided
by law.
DATED: ____________________ 2012.
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST:By: ___________________________________
Chair
By: ___________________________________
Secretary
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EXHIBIT A
FORM OF REDEVELOPMENT PLAN
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Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item F2
Public Hearing - Adoption of Blight & Substandard Study Area 11
Staff Contact: Chad Nabity
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1
Agenda Item 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
June 26, 2012
SUBJECT: Blight Study (Proposed Area #11) C-22-2012GI
PROPOSAL: Enclosed you will find a copy of a Substandard and Blight Study as
prepared for Pridon LLC, by RDG Planning and Design. This study is for approximately
27 acres of property in north central Grand Island south of Capital Avenue between
Broadwell and Wheeler encompassing the Veteran’s Hospital. The study as prepared
and submitted indicates that this property could be considered substandard and blighted.
The full study is attached for your review and consideration. Council has referred the
attached study to the Planning Commission for its review and recommendation. If the
Planning Commission does not make a recommendation within 30 days Council can
proceed with a decision on the declaration without recommendation from Planning
Commission.
OVERVIEW
The Statutory authority and direction to the Planning Commission is referenced below to
explain the Planning Commission purpose in reviewing the study:
Section 18-2109
Redevelopment plan; preparation; requirements.
An authority shall not prepare a redevelopment plan for a redevelopment project area unless the
governing body of the city in which such area is located has, by resolution adopted after a public
hearing with notice provided as specified in section 18-2115, declared such area to be a
substandard and blighted area in need of redevelopment. The governing body of the city shall
submit the question of whether an area is substandard and blighted to the planning commission or
board of the city for its review and recommendation prior to making its declaration. The planning
commission or board shall submit its written recommendations within thirty days after receipt of
the request. Upon receipt of the recommendations or after thirty days if no recommendation is
received, the governing body may make its declaration.
~Reissue Revised Statutes of Nebraska
A flow chart of the blight declaration process is shown in Figure 2.
At this time, the Planning Commission and Council are only concerned with determining
if the property is blighted and substandard. Figure 3 is an overview of the differences
between the blight and substandard declaration and the redevelopment plan. If a
declaration as blighted and substandard is made by Council then the Community
Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The
redevelopment plans must also be reviewed by the Planning Commission and approved
by Council prior to final approval.
Grand Island Regular Meeting - 7/11/2012 Page 57 / 117
2
Figure 1 Redevelopment Area 10 includes all properties within the outline.
Grand Island Regular Meeting - 7/11/2012 Page 58 / 117
3
Study
Commissioned by
CRA
Study Commissioned
by Other Agency
Study Presented to
CRA
Study Presented to
Council
May Be Forwarded
to RPC
Study Sent to
RPC for Review
and
Recommendation
Council Chooses not
to Forward Study to
RPC
No Declaration Made
RPC Reviews
Study and Makes
Recommendation
within 30 Days
Council
Considers
Substandard
and Blighted
Declaration
Council Chooses not to
Make Substandard and
Blighted Declaration. No
Redevelopment Plans May
be Considered
Council Declares Area
Substandard and Blighted.
Redevelopment Plans
May be Considered by
the CRA
Process for Declaring an area of the City
Substandard and Blighted
Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple
box).
Grand Island Regular Meeting - 7/11/2012 Page 59 / 117
4
Substandard and
Blighted Declaration vs.
Redevelopment Plan
Substandard and
Blighted Declaration
A Study of the
Existing Conditions of
the Property in
Question
Does the property
meet one or more
Statutory Conditions
of Blight?
Does the Property
meet one or more
Statutory Conditions
of Substandard
Property?
Is the declaration in
the best interest of
the City?
Redevelopment
Plan
What kinds of
activities and
improvements are
necessary to alleviate
the conditions that
make the property
blighted and
substandard?
How should those
activities and
improvements be
paid for?
Will those activities
and improvements
further the
implementation of the
general plan for the
City?
Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan
Grand Island Regular Meeting - 7/11/2012 Page 60 / 117
5
OVERVIEW Continued
It is appropriate for the planning commission in conducting its review and considering its
recommendation regarding the substandard and blighted designation to:
1.review the study,
2.take testimony from interested parties,
3.make findings of fact, and
4.include those findings of fact as part of its recommendation to Council.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of
the Community Redevelopment Statutes. Those terms as defined by Statute are
included below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise requires:
(10) Substandard areas shall mean 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;
(11) Blighted area shall mean an area, which (a) by reason of the presence of a substantial number of
deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot
layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax or special assessment
delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, substantially impairs or arrests the sound growth
of the community, retards the provision of housing accommodations, or constitutes an economic or
social liability and is detrimental to the public health, safety, morals, or welfare in its present condition
and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the
designated area is at least one hundred twenty percent of the state or national average; (ii) the average
age of the residential or commercial units in the area is at least forty years; (iii) more than half of the
plotted and subdivided property in an area is unimproved land that has been within the city for forty
years and has remained unimproved during that time; (iv) the per capita income of the area is lower
than the average per capita income of the city or village in which the area is designated; or (v) the area
has had either stable or decreasing population based on the last two decennial censuses. In no event
shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the
city as blighted, a city of the second class shall not designate an area larger than fifty percent of the
city as blighted, and a village shall not designate an area larger than one hundred percent of the village
as blighted;
~Reissue Revised Statutes of Nebraska
Grand Island Regular Meeting - 7/11/2012 Page 61 / 117
6
ANALYSIS
The following summaries are copied directly from the Study. The analysis of the
substandard and blighted factors is summarized in tables 1, 2 and 3 of the study.
These tables and the study conclusion have been included with below and provide a
basis for approving the blighted and substandard designation.
Table 1: Objective Criteria for Blight Determination
1. Unemployment No
2. Age of Units Yes
3. Per Capita Income Yes
4. Population Yes
5. Unimproved Land No
Table 2: Age of Structures in Block Group 1,
Tract 3, Hall County, NE
Total Structures 281
Built Prior to 1970 194
Percent Built Prior to 1970 69.0%
Source: U.S. Census Bureau, 2000, 2010
Table 3: Subjective Criteria for Blight Determination
1.Presence of a substantial number of deteriorated or deteriorating structures No
2.The existence of defective or inadequate street layout No
3.Faulty lot layout in relation to size, adequacy, accessibility, or usefulness Yes
4.Insanitary or unsafe conditions Yes
5.Deterioration of site or other improvements Yes
6.Diversity of ownership No
7.Tax or special delinquency exceeding the fair value of the land No
8.Defective or unusual conditions of title Unknown
9.Improper subdivision or obsolete platting Unknown
10.The existence of conditions which endanger life or property by fire and other causes Yes
11.Any combination of such factors that substantially impairs or arrests the sound growth of
the community, retards the provision of housing accommodations, or constitutes economic
or social liability and is detrimental to the public health, safety, morals, or welfare in its
present conditions and use
Yes
Conclusions
This study substantiates the presence of at least one of the objective criteria and one of the
subjective criteria for designation as a blighted area set forth by Section 18-2103 of Nebraska
Revised Statutes. Thus, the designated area is hereby determined to be eligible for a declaration of
‘blighted and substandard’, pursuant to the requirements of Section 18-2103 of Nebraska Revised
Statutes.
Grand Island Regular Meeting - 7/11/2012 Page 62 / 117
7
RECOMMENDATION:
Planning Commission staff is recommending consideration of the following questions as a starting
point in the analysis of this Study and in making a recommendation on the question of whether the
property in question is blighted and substandard.
Recommend Questions for Planning Commission
Does this property meet the statutory requirements to be considered blighted and
substandard? (See Page 5 for requirements)
Are the blighted and substandard factors distributed throughout the Redevelopment Area,
so basically good areas are not arbitrarily found to be substandard and blighted simply
because of proximity to areas which are substandard and blighted?
Is public intervention appropriate and/or necessary for the redevelopment of the area?
Findings of fact must be based on the study and testimony presented including all written
material and staff reports. The recommendation must be based on the declaration, not based
on any proposed uses of the site.
If the Regional Planning Commission concludes that the area in question meets the definition of
blighted and substandard and supports such conclusion with findings of fact they should move
to recommend approval of the declaration as blighted and substandard based on the facts
presented and identified at this meeting.
Grand Island Regular Meeting - 7/11/2012 Page 63 / 117
BLIGHT AND SUBSTANDARD AREA #11 DESIGNATION
For the Veterans Affairs CBOC site in Grand Island
City of Grand Island, Nebraska
Prepared by
RDG Planning & Design
Omaha, Nebraska
June, 2012
Grand Island Regular Meeting - 7/11/2012 Page 64 / 117
Blight Area Designation, Grand Island, Nebraska ● 2
RDG Planning & Design ● June, 2012
This study considers the presence of blighted or substandard conditions in the study area
located in the City of Grand Island, pursuant to the requirements of Section 18-2103 of the
Nebraska Revised Statutes.
GEOGRAPHY OF THE SITE
Beginning at the southeasterly corner of the intersection of Capital Avenue and Broadwell
Avenues, thence, in an easterly direction, following the southerly line of Capital Avenue, a
distance of 434.5 feet, more or less, to the southwesterly corner of the intersection of Capital
Avenue and Wheeler Avenue; thence, in a southeasterly direction, following the southwesterly
line of Wheeler Avenue, a distance of 965.76 feet to a point; thence, West, a distance of 124.0 feet
to a point; thence, South a distance of 268.0 feet to a point; thence, in a southeasterly direction
following the southwesterly line of Wheeler Avenue, a distance of 377.0 feet to a point; thence,
in a northerly direction, following the westerly line of Broadwell avenue, a distance of 1460 feet,
more or less, to the point of beginning, containing approximately 27 acres.
All in the City of Grand Island, County of Hall, State of Nebraska.
Figure 1 depicts the location of the site and supersedes the above description.
Figure 1: Study area for Veterans Affairs CBOC Site Blight Study.
Grand Island Regular Meeting - 7/11/2012 Page 65 / 117
Blight Area Designation, Grand Island, Nebraska ● 3
RDG Planning & Design ● June, 2012
DESIGNATION OF BLIGHT
In order to qualify as a blighted and substandard area in accordance with the requirements of
Section 18-2103, a parcel or district must comply with certain objective and subjective evaluative
criteria, set forth by state statute.
Objective Criteria
In order to qualify as “blighted,” a site must meet at least one of five objective, or numerical,
criteria. These criteria include:
1.Unemployment. The qualifying criterion is an unemployment rate in the designated area that
is at least 120% of the state or national average. 2000 Census block group data is the most
recent decennial census data available to determine the site’s performance with respect to
unemployment.
More recent data is provided by the ongoing American Community Survey (ACS), which
generates community data from smaller, more frequent samples on an array of topics.
Along with 2000 Census data, 2006-2010 “5-year estimates” from the ACS were used to
determine whether the site met this criterion.
2.Average age of residential or commercial units in the area. The qualifying criterion is that
structures in the proposed blighted area have an average age of at least 40 years.
3.Per capita income. The qualifying criterion is a per capita income figure for the area that is
lower than the average per capita income of the municipality in which the area is located.
Block group data from the 2010 Census is the most recent census data utilized to assess this
condition. Five-year estimates, (2006-2010) from the ACS also assisted in accurately
assessing this criteria.
4.Population. The qualifying criterion is that the area has had either a stable or decreasing
population based on the last two decennial censuses. Census block group level data from
2000 and 2010 were examined to determine the presence of this condition.
5.Unimproved land. This criterion applies to blight designation of predominately vacant areas.
Such an area qualifies as “blighted” if more than half of the plotted and subdivided
property in the area has been within the city for 40 years and has remained unimproved
during that time.
Grand Island Regular Meeting - 7/11/2012 Page 66 / 117
Blight Area Designation, Grand Island, Nebraska ● 4
RDG Planning & Design ● June, 2012
Subjective Criteria
In addition to meeting at least one of the objective requirements described above, a potentially
blighted area must exhibit the presence of at least one of several subjective criteria. These
subjective evaluative criteria include:
1.Presence of a substantial number of deteriorated or deteriorating structures.
2.The existence of defective or inadequate street layout.
3.Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
4.Insanitary or unsafe conditions.
5.Deterioration of site or other improvements.
6.Diversity of ownership.
7.Tax or special delinquency exceeding the fair value of the land.
8.Defective or unusual conditions of title.
9.Improper subdivision or obsolete platting.
10.The existence of conditions which endanger life or property by fire and other causes.
11.Any combination of such factors that substantially impairs or arrests the sound growth of the
community, retards the provision of housing accommodations, or constitutes economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its present conditions and
use.
Documentation of Qualifying Conditions, Objective Criteria
The data used to evaluate the redevelopment site’s blight status is primarily derived from the
U.S. Bureau of the Census. To expedite the Census data collection process and provide more
fine-grained information, the Census Bureau divides counties and places into several
enumeration levels. These include tracts, which are subdivided into block groups and finally
into individual blocks. Because the study area includes portions of a block group, examining
data at the block level would provide the most accurate evaluation. However, in order to
preserve the privacy of individuals, the Census Bureau does not report all types of data at the
block level.
Additionally, some data from the 2010 Census is not yet available at the block group level.
Some tract data is also not provided by the 2010 Census, such as “per-capita income” because
Grand Island Regular Meeting - 7/11/2012 Page 67 / 117
Blight Area Designation, Grand Island, Nebraska ● 5
RDG Planning & Design ● June, 2012
the blight study area is unable to meet the population threshold for data accuracy. Five-year
estimates, (2006-2010) from the American Community Survey are used as a result, providing the
most accurate picture in assessing blight designation. Therefore, the population evaluation
utilizes 2010 Census block data, while the other objective criteria are evaluated using a
combination of 2010, and 2000 Census data, along with 5-year estimates from the American
Community Survey.
Analysis of US Census and American Community Survey data indicates that the Veterans
Affairs CBOC site meets the statutory requirements for the first level of evaluation for the
presence of blighting condition, as required by Section 18-2103 (11). Table 1 illustrates the study
area’s performance with respect to each of the objective criteria. The area currently meets
Objective Criteria 2, 3, and 4, and does not meet Criteria 1 and 5.
Table 1: Objective Criteria for Blight Determination
1. Unemployment No
2. Age of Units Yes
3. Per Capita Income Yes
4. Population Yes
5. Unimproved Land No
1. Unemployment. The study area does not meet this criterion. Unemployment data for the 2010
census is not yet available at the block group, or county level. American Community Survey 5-
year estimates, (2006-2010) reflect a 4.9% unemployment rate for the study area and 5.1% for
Nebraska.
2. Age of Units. The redevelopment site meets the criterion concerning the average age of
residential structures.
Census 2000 data indicates that of the 284 structures in the Block Group, 197 of them were built
before 1970. This data also indicated that no structures had been built in the Block Group since
1990, indicating that the area is fully built out. This means that in 2010, 69.4% of the structures
would be over 40 years old, satisfying the ‘age of units’ criterion.
At the time of this writing, only the count of structures was available for the 2010 Census,
indicating 281 structures within the block group. Even assuming that the 3 “lost” structures
represented the three oldest within the block group, the area still more than meets the
requirement for this criterion.
Table 2: Age of Structures in Block Group 1,
Tract 3, Hall County, NE
Total Structures 281
Built Prior to 1970 194
Percent Built Prior to 1970 69.0%
Source: U.S. Census Bureau, 2000, 2010
Grand Island Regular Meeting - 7/11/2012 Page 68 / 117
Blight Area Designation, Grand Island, Nebraska ● 6
RDG Planning & Design ● June, 2012
3. Per Capita Income. The project area meets the criterion regarding relative per capita income
within the study area.
The average 2010 per capita income in the Census tract containing the study area was $16,764.
This is significantly lower than that of Grand Island as a whole, which was $21,220. These
figures are from the 2006-2010 5-year estimates generated by the American Community Survey,
which provide the most current data for the study area.
4. Population. Based on a comparison of 2000 and 2010 block group data, the census block group
which includes the study area experienced a population decrease from 849 in 2000, to 755 in
2010. This represents and 11% decline in population, satisfying this objective criteria.
5. Unimproved Land. Although a significant portion of the land within the study area remains
unbuilt, it has significant site improvements including grading, landscaping, and an automatic
sprinkler system. The site does not meet the unimproved land criterion.
Documentation of Qualifying Conditions, Subjective Criteria
Because the area meets at least one of the objective criteria, it was further examined for the
presence of subjective qualifying criteria. Analysis of these criteria indicates that the study area
meets at least one criterion, which is the statutory requirements for the presence of blighting
condition, as required by Section 18-2103 (11). Table 3 presents the performance of the study
area relative to the subjective criteria.
Table 3: Subjective Criteria for Blight Determination
1.Presence of a substantial number of deteriorated or deteriorating structures No
2.The existence of defective or inadequate street layout No
3.Faulty lot layout in relation to size, adequacy, accessibility, or usefulness Yes
4.Insanitary or unsafe conditions Yes
5.Deterioration of site or other improvements Yes
6.Diversity of ownership No
7.Tax or special delinquency exceeding the fair value of the land No
8.Defective or unusual conditions of title Unknown
9.Improper subdivision or obsolete platting Unknown
10.The existence of conditions which endanger life or property by fire and other causes Yes
11.Any combination of such factors that substantially impairs or arrests the sound growth of the
community, retards the provision of housing accommodations, or constitutes economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its present conditions
and use
Yes
The specific results of this analysis are as follows:
1.A substantial number of deteriorated or deteriorating structures
Grand Island Regular Meeting - 7/11/2012 Page 69 / 117
Blight Area Designation, Grand Island, Nebraska ● 7
RDG Planning & Design ● June, 2012
No. Based on visual observation all structures within the study area appear to be maintained in
good condition. The age of the structures have resulted in some maintenance and safety issues
in the past, including the collapse of a roof.
2.The existence of defective or inadequate street layout
No. The study area is bounded on three sides by well-maintained city streets of various sizes
and traffic capacities.
3.Faulty lot layout in relation to size adequacy, accessibility, or usefulness
Yes. While the few lots within the study area are adequate for potential development, they may
need further subdivision to accommodate a wider range of development options.
4.Insanitary or unsafe conditions
Yes. Some of the areas along the southeastern boundaries of the site are being used for
unsecured and unscreened storage of material and equipment. Standing water in areas of site
creates habitat opportunity for nuisance animals and disease carrying insects.
Figures 2, 3: Unscreened storage of equipment and materials and standing water on site.
5.Deterioration of site or other improvements
Yes. Relatively recent drainage improvements appear to be defective in their purpose. Also,
parking surfaces and curbs in the southern area of the site appear be degrading.
Grand Island Regular Meeting - 7/11/2012 Page 70 / 117
Blight Area Designation, Grand Island, Nebraska ● 8
RDG Planning & Design ● June, 2012
Figures 4, 5: Evidence of failing drainage improvements in the southeastern area of the study area.
Figures 6, 7: Degrading conditions in parking surfaces and curbs
6.Diversity of ownership
No. The study area is held under the single ownership of the United States Government.
7.Tax or special delinquency exceeding the fair value of the land
No. The entirety of the study area is held by the federal government and is exempt from local
and state taxation.
8.Defective or unusual conditions of title
Unknown. Evaluation of this criterion requires detailed title analysis of individual properties.
9.Improper subdivision or obsolete platting
Unknown. Evaluation of this criterion requires detailed title analysis of individual properties.
10.The existence of conditions which endanger life or property by fire and other causes
Grand Island Regular Meeting - 7/11/2012 Page 71 / 117
Blight Area Designation, Grand Island, Nebraska ● 9
RDG Planning & Design ● June, 2012
Yes. According to maps from the Federal Emergency Management Agency, the northwest
corner and entire northern site boundary lay within the 500 year flood plain. This suggests an
ongoing threat to property from water inundation and damage for structures not elevated out
of the floodplain. This condition also creates drainage problems with standing water.
11.Any combination of such factors that 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.
Yes. Few structures within the study area pose environmental, economic, and potential sanitary
threats in their present condition. However, environmentally, the combination of degraded
areas and elements within the site, and the unscreened storage of vehicles, equipment and
materials, create areas that serve to diminish the quality of the surrounding areas. Without
redevelopment or rehabilitation, this site will likely continue to exert – at best – a net neutral
effect on the vitality and development of Grand Island.
Substandard Declaration
The above findings, including the platting deficiencies, lack of streets, and storage of
deteriorated materials demonstrate the existence of conditions which endanger life or property
by fire and other causes and create conditions that are detrimental to the public health, safety,
morals or welfare.
Conclusions
This study substantiates the presence of at least one of the objective criteria and one of the
subjective criteria for designation as a blighted area set forth by Section 18-2103 of Nebraska
Revised Statutes. Thus, the designated area is hereby determined to be eligible for a declaration
of ‘blighted and substandard’, pursuant to the requirements of Section 18-2103 of Nebraska
Revised Statutes.
Grand Island Regular Meeting - 7/11/2012 Page 72 / 117
Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item F3
Public Hearing - Adoption of Blight & Substandard Study Area 10
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 7/11/2012 Page 73 / 117
1
Agenda Item 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
June 26, 2012
SUBJECT: Blight Study (Proposed Area #10) C-21-2012GI
PROPOSAL: Enclosed you will find a copy of a Substandard and Blight Study as
prepared for Larry Fowle by Marvin Planning Consultants. This study is for
approximately 7 acres of property in south central Grand Island, east of Locust Street
and south of Bismark Road. The study as prepared and submitted indicates that this
property could be considered substandard and blighted. The full study is attached for
your review and consideration. Council has referred the attached study to the Planning
Commission for its review and recommendation. If the Planning Commission does not
make a recommendation within 30 days Council can proceed with a decision on the
declaration without recommendation from Planning Commission.
OVERVIEW
The Statutory authority and direction to the Planning Commission is referenced below to
explain the Planning Commission purpose in reviewing the study:
Section 18-2109
Redevelopment plan; preparation; requirements.
An authority shall not prepare a redevelopment plan for a redevelopment project area unless the
governing body of the city in which such area is located has, by resolution adopted after a public
hearing with notice provided as specified in section 18-2115, declared such area to be a
substandard and blighted area in need of redevelopment. The governing body of the city shall
submit the question of whether an area is substandard and blighted to the planning commission or
board of the city for its review and recommendation prior to making its declaration. The planning
commission or board shall submit its written recommendations within thirty days after receipt of
the request. Upon receipt of the recommendations or after thirty days if no recommendation is
received, the governing body may make its declaration.
~Reissue Revised Statutes of Nebraska
A flow chart of the blight declaration process is shown in Figure 2.
At this time, the Planning Commission and Council are only concerned with determining
if the property is blighted and substandard. Figure 3 is an overview of the differences
between the blight and substandard declaration and the redevelopment plan. If a
declaration as blighted and substandard is made by Council then the Community
Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The
redevelopment plans must also be reviewed by the Planning Commission and approved
by Council prior to final approval.
Grand Island Regular Meeting - 7/11/2012 Page 74 / 117
2
Figure 1 Redevelopment Area 10 includes all properties within the red outline.
Grand Island Regular Meeting - 7/11/2012 Page 75 / 117
3
Study
Commissioned by
CRA
Study Commissioned
by Other Agency
Study Presented to
CRA
Study Presented to
Council
May Be Forwarded
to RPC
Study Sent to
RPC for Review
and
Recommendation
Council Chooses not
to Forward Study to
RPC
No Declaration Made
RPC Reviews
Study and Makes
Recommendation
within 30 Days
Council
Considers
Substandard
and Blighted
Declaration
Council Chooses not to
Make Substandard and
Blighted Declaration. No
Redevelopment Plans May
be Considered
Council Declares Area
Substandard and Blighted.
Redevelopment Plans
May be Considered by
the CRA
Process for Declaring an area of the City
Substandard and Blighted
Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple
box).
Grand Island Regular Meeting - 7/11/2012 Page 76 / 117
4
Substandard and
Blighted Declaration vs.
Redevelopment Plan
Substandard and
Blighted Declaration
A Study of the
Existing Conditions of
the Property in
Question
Does the property
meet one or more
Statutory Conditions
of Blight?
Does the Property
meet one or more
Statutory Conditions
of Substandard
Property?
Is the declaration in
the best interest of
the City?
Redevelopment
Plan
What kinds of
activities and
improvements are
necessary to alleviate
the conditions that
make the property
blighted and
substandard?
How should those
activities and
improvements be
paid for?
Will those activities
and improvements
further the
implementation of the
general plan for the
City?
Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan
Grand Island Regular Meeting - 7/11/2012 Page 77 / 117
5
OVERVIEW Continued
It is appropriate for the planning commission in conducting its review and considering its
recommendation regarding the substandard and blighted designation to:
1.review the study,
2.take testimony from interested parties,
3.make findings of fact, and
4.include those findings of fact as part of its recommendation to Council.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of
the Community Redevelopment Statutes. Those terms as defined by Statute are
included below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise requires:
(10) Substandard areas shall mean 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;
(11) Blighted area shall mean an area, which (a) by reason of the presence of a substantial number of
deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot
layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax or special assessment
delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, substantially impairs or arrests the sound growth
of the community, retards the provision of housing accommodations, or constitutes an economic or
social liability and is detrimental to the public health, safety, morals, or welfare in its present condition
and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the
designated area is at least one hundred twenty percent of the state or national average; (ii) the average
age of the residential or commercial units in the area is at least forty years; (iii) more than half of the
plotted and subdivided property in an area is unimproved land that has been within the city for forty
years and has remained unimproved during that time; (iv) the per capita income of the area is lower
than the average per capita income of the city or village in which the area is designated; or (v) the area
has had either stable or decreasing population based on the last two decennial censuses. In no event
shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the
city as blighted, a city of the second class shall not designate an area larger than fifty percent of the
city as blighted, and a village shall not designate an area larger than one hundred percent of the village
as blighted;
~Reissue Revised Statutes of Nebraska
Grand Island Regular Meeting - 7/11/2012 Page 78 / 117
6
ANALYSIS
The following summaries are copied directly from the Study. The analysis of the
substandard and blighted factors is conducted on pages 14 and 15 of the study. The
summaries provide a basis for approving the blighted and substandard designation.
BlightingBlighting SummarySummary
These conditions are contributing to the blighted conditions of the study area.
Substantial number of deteriorating structures
o 50.0% of the structures identified within the Study Area, were deemed to be in a state of deterioration or
dilapidation
Deterioration of site or other improvements
o A large amount of sidewalk either in a deteriorated state or missing from properties.
o There is a significant amount of lineal feet of streets that are deteriorating or dilapidated.
o Deteriorating curb and gutter does and/or will continue to become worse in condition and ultimately will
begin to negatively impact drainage in the study area.
Average age of structures is over 40 years of age
o Within the Study Area 94.7% of the structures meet the criteria of 40 years of age or older.
The other criteria for Blight were not examined or are not present in the area, these included:
Defective/Inadequate street layouts,
Faulty lot layout,
Insanitary or unsafe conditions,
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Tax or special assessment exceeding the fair value of the land,
Diversity of ownership.
Improper Subdivision or obsolete platting
Existence of conditions which endanger life or property by fire and other causes,
The area has had either a stable or decreasing population based upon the last two decennial censuses,
Unemployment in the designated area is at least one hundred twenty percent of the state or national
average,
Combination of such factors, substantially impairs or arrests the sound growth of the community, and
Per capita income of the area is lower than the average per capita income of the city
These issues were either not present or were limited enough as to have little impact on the overall condition of
the study area.
SubstandardSubstandard ConditionsConditions
Average age of the residential or commercial units in the area is at least forty years
Besides structural conditions of the buildings in the Study Area, age of these structures is another contributing
factor to the substandard conditions in the area. Statutes allow for a predominance of structures that are 40
years of age or older to be a contributing factor regardless of their condition.
Within the study area there is a total of 38 structures. After researching structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
2 (5.3%) structures were determined to be less than 40 years of age
36 (94.7%) structures were determined to be 40 years of age or older
Grand Island Regular Meeting - 7/11/2012 Page 79 / 117
7
Overall, 94.7% of the structures in this portion of the area are 40 years old or older thus qualifying it as
substantial. See Figure 3 for the locations of the structures.
Due to the age of the structures in the corporate limits, age of structures would be a direct contributing factor.
SubstandardSubstandard SummarySummary
Nebraska State Statute requires that at least one of five substandard factors be present in a community. This
Study Area in Grand Island has one of the five. The other criteria for Substandard were not present or the data
was not readily accessible in the area, these included:
Unemployment in the designated area is at least one hundred twenty percent of the state or national
average;
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;
the per capita income of the area is lower than the average per capita income of the city or in which the
area is designated
The area has had either stable or decreasing population based on the last two decennial censuses.
FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #10#10
Blight Study Area #10 has several items contributing to the Blight and Substandard Conditions. These conditions
include:
Blighted Conditions
Substantial number of deteriorating structures
Deterioration of site or other improvements
Average age of structures is over 40 years of age
Substandard Conditions
Average age of the residential or commercial units in the area is at least forty years
CCONCLUSIONONCLUSION
Based upon the issues and conditions indicated from the survey of this area, there is sufficient criteria present to
declare Area #10 of Grand Island as Blighted and Substandard as provided for in the Nebraska Revised Statutes.
The conditions found throughout the entire area constitute a designation of blighted and substandard. The
eventual use of Tax Increment Financing or other incentive programs would be of great benefit to the entire area.
RECOMMENDATION:
Planning Commission staff is recommending consideration of the following questions as a starting
point in the analysis of this Study and in making a recommendation on the question of whether the
property in question is blighted and substandard.
Recommend Questions for Planning Commission
Does this property meet the statutory requirements to be considered blighted and
substandard? (See Page 5 for requirements)
Are the blighted and substandard factors distributed throughout the Redevelopment Area,
so basically good areas are not arbitrarily found to be substandard and blighted simply
because of proximity to areas which are substandard and blighted?
Is public intervention appropriate and/or necessary for the redevelopment of the area?
Grand Island Regular Meeting - 7/11/2012 Page 80 / 117
8
Findings of fact must be based on the study and testimony presented including all written
material and staff reports. The recommendation must be based on the declaration, not based
on any proposed uses of the site.
If the Regional Planning Commission concludes that the area in question meets the definition of
blighted and substandard and supports such conclusion with findings of fact they should move
to recommend approval of the declaration as blighted and substandard based on the facts
presented and identified at this meeting.
Grand Island Regular Meeting - 7/11/2012 Page 81 / 117
Alvo,
Nebraska
Alvo,
Nebraska
City of Grand Island, NE
Blight and Substandard Study
Area #10
June 2012
Grand Island Regular Meeting - 7/11/2012 Page 82 / 117
Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 1
PPURPOSEURPOSE OFOF THETHE BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD SSTUDYTUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions within the city
of Grand Island. This study has been commissioned by an individual property owner within the community
with the hope that the City will consider the study area for future redevelopment activity. The area is a
meandering boundary; the area is also bounded on two sides by properties that have been declared as
blighted and substandard in the past.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those
issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18,
Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in carrying out the
provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with
sound needs of the city as a whole, to the rehabilitation or redevelopment of the community
redevelopment area by private enterprises. The governing body of a city shall give consideration
to this objective in exercising its powers under sections 18-2101 to 18-2144, including the
formulation of a workable program, the approval of community redevelopment plans consistent
with the general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings
and improvements, the disposition of any property acquired, and providing of necessary public
improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for
formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the Community
Development Law may formulate for the entire municipality a workable program for utilizing
appropriate private and public resources to eliminate or prevent the development or spread of
urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of
substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible
municipal activities as may be suitably employed to achieve the objectives of such workable
program. Such workable program may include, without limitation, provision for the prevention of
the spread of blight into areas of the municipality which are free from blight through diligent
enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or
conservation of substandard and blighted areas or portions thereof by replanning, removing
congestion, providing parks, playgrounds, and other public improvements by encouraging
voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or
deteriorating structures; and the clearance and redevelopment of substandard and blighted
areas or portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial number of
deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty
lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe
conditions, deterioration of site or other improvements, diversity of ownership, tax or special
assessment delinquency exceeding the fair value of the land, defective or unusual conditions of
title, improper subdivision or obsolete platting, or the existence of conditions which endanger life
or property by fire and other causes, or any combination of such factors, substantially impairs or
arrests the sound growth of the community, retards the provision of housing accommodations,
or constitutes an economic or social liability and is detrimental to the public health, safety,
morals, or welfare in its present condition and use and (b) in which there is at least one of the
following conditions: (i) Unemployment in the designated area is at least one hundred twenty
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 2
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 in which the area is designated; or (v) the area has had either stable
or decreasing population based on the last two decennial censuses. In no event shall a city of the
metropolitan, primary, or first class designate more than thirty-five percent of the city as
blighted, a city of the second class shall not designate an area larger than fifty percent of the city
as blighted, and a shall not designate an area larger than one hundred percent of the as
blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority
and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions
existing within the City’s jurisdiction. Through this process, the City and property owner will be attempting to
address economic and/or social liabilities which are harmful to the well-being of the entire community.
BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD EELIGIBILITYLIGIBILITY SSTUDYTUDY
This study targets a specific area within an established part of the community for evaluation. The area is
indicated in Figure 1 of this report. The existing uses in this area include residential dwelling units both single-
family and multi-family.
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.
Study Area
POINT OF BEGINNING IS THE NORTHWEST CORNER OF LOT 1, BLOCK 3, SOUTH GRAND ISLAND; THENCE
EASTERLY ALONG THE NORTH PROPERTY LINE OF LOT 1, BLOCK 3, SOUTH GRAND ISLAND AND CONTINUING
EASTERLY ALONG THE NORTHERN PROPERTY LINES UNTIL INTERSECTING THE CENTERLINE OF OAK STREET
S; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF THE CENTERLINES OF OAK
STREET S AND OKLAHOMA AVENUE E; THENCE WESTERLY ALONG SAID CENTERLINE OF OKLAHOMA AVENUE
E TO THE SOUTHERN INTERSECTION THE CENTERLINES OF OKLAHOMA AVENUE E AND OAK STREET S;
THENCE SOUTHERLY ALONG SAID CENTERLINE OF OAK STREET S TO THE INTERSECTION OF CENTERLINES
FOR OAK STREET S AND PHOENIX AVENUE E; THENCE WESTERLY ALONG SAID CENTERLINE OF PHOENIX
AVENUE E TO THE INTERSECTION OF THE CENTERLINES OF PHOENIX AVENUE E AND KIMBALL AVENUE S;
THENCE SOUTHERLY ALONG SAID CENTERLINE OF KIMBALL AVENUE S TO THE EXTENDED SOUTH PROPERTY
LINE OF LOT 55 IN HAWTHORNE ADDITION; THENCE WESTERLY ALONG SAID EXTENDED SOUTH PROPERTY
LINE TO THE SOUTHWEST CORNER OF SAID LOT 55 IN HAWTHORNE ADDITION; THENCE NORTHERLY ALONG
THE WEST PROPERTY LINE OF LOT 55 IN HAWTHORNE ADDITION AND EXTENDING NORTHERLY TO THE
POINT OF BEGINNING.
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 3
Figure 1
Study Area Map
Source: City of Grand Island
EEXISTINGXISTING LLANDAND UUSESSES
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land.
The number and type of uses are constantly changing within a community, and produce a number of impacts
that either benefit or detract from the community. Because of this, the short and long-term success and
sustainability of the community is directly contingent upon available resources utilized in the best manner
given the constraints the City faces during the course of the planning period. Existing patterns of land use are
often fixed in older communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as well as data
collection online using the Hall County Assessors website. This survey noted the use of each parcel of land
within the study area. The Study Area is 100% residential with the exception of the local streets and
sidewalks serving the study area.
Figure 2
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 4
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 5
FFINDINGSINDINGS OFOF BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD CCONDITIONSONDITIONS EELIGIBILITYLIGIBILITY SSTUDYTUDY
This section of the Eligibility Report examines the conditions found in the study area. The Findings Section
will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online. There are a
number of conditions that will be reviewed in detail, on the following pages, while some of the statutory
conditions are present, other are not.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes
allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless
of their condition. The following paragraphs document the structural age of the structures within the Study
Area. Note that the age of structure was determined from the Appraisal data within the Hall County
Assessor’s website data.
Within the study area there is a total of 38 primary and accessory structures. After researching the structural
age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
2 (5.3%) units were determined to be less than 40 years of age
36 (94.7%) units were determined to be 40 years of age or older
Overall, 94.7% of the structures in this portion of the area are 40 years old or older thus qualifying it as
substantial. See Figure 3 for the locations of the structures.
Due to the age of the structures in the study area, age of structures would be a direct contributing factor.
Structural Conditions
Where structural conditions were evaluated, structures
were either rated as: Excellent, Average, Deteriorating,
or Dilapidated. The following are the definitions of these
terms:
No Problem/ Average Conditions
No structural or aesthetic problems were
visible, or
Slight damage to porches, steps, roofs etc. is
present on the structure,
Slight wearing away of mortar between bricks,
stones, or concrete blocks,
Small cracks in walls or chimneys,
Cracked windows,
Lack of paint, and
Slight wear on steps, doors, and door and
window sills and frames.
Deteriorating Conditions
Holes, open cracks, rotted, loose, or missing
materials in parts of the foundation, walls, or
roof (up to 1/4 of wall or roof),
Shaky, broken, or missing steps or railings,
Numerous missing and cracked window panes,
Some rotted or loose windows or doors (no
longer wind- or water-proof), and
Missing bricks, or cracks, in chimney or
makeshift (uninsulated) chimney.
Dilapidated Conditions
Holes, open cracks, or rotted, loose or missing material (siding, shingles, brick, concrete, tiles,
plaster, floorboards) over large areas of foundation,
Substantial sagging of roof, floors, or walls,
Extensive damage by fire, flood or storm, and
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 6
Inadequate original construction such as makeshift walls, roofs made of scrap materials,
foundations or floors lacking, or converted barns, sheds, and other structures not adequate for
housing.
These are criteria used to determine the quality of each structure in the Study Area.
In a recent conditions survey, the structures within the study area were rated. Within the study area there are
a total of 26 primary structures and 12 accessory structures. Accessory structures were rated due to the fact
that they were visible from the public right-of-ways.
After reviewing the overall conditions of the structures in the corporate limits portion include:
16 (50.0%) structures rated as adequate
13 (40.6%) structures rated as deteriorating
3 ( 9.4%) structures rated as dilapidated
Overall, 50.0% of the structures in this portion of the area are in a state of disrepair. The data are available
for inspection; however, for purposes of this study, Figure 4 only shows the data on a ½ block level as
opposed to structure. However, if there were several structures deemed to be deteriorating or dilapidated
then the entire block was downgraded.
Only one ½ block (16.7%) in the study area was rated as adequate; while four ½ blocks (66.6%) were
deteriorating; finally one ½ block (16.7%) was deemed to be dilapidated. For purposes of this study there is
approximately 83.3% of the block area within the Study Area that has deteriorating or dilapidated structures.
The remaining
16.7% was
considered as
“Adequate”.
Due to the state of
disrepair of a
number of
properties in the
area, the
conditions
represent
conditions which
are Dangerous to
conditions of life or
property due to fire
or other causes.
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 7
Figure 3
Structural Age Map
Source: Marvin Planning Consultants
and Olsson
Associates, 2012
Grand Island Regular Meeting - 7/11/2012 Page 89 / 117
Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 8
Sidewalk Conditions
The sidewalk conditions were analyzed in the Study Area.
The sidewalks were rated on four categories; adequate,
deteriorating, dilapidating, and missing completely. The
following is the breakdown by corporate limits and
county industrial park.
Within the study area there is approximately 2,612 lineal
feet of sidewalk. After reviewing the conditions in the
field, the following is how the sidewalk conditions
breakdown within the corporate limits:
497 (19.0%) lineal feet of adequate sidewalk
1,333 (51.0%) lineal feet of deteriorating sidewalk
781 (20.0%) lineal feet of no sidewalk.
There was no sidewalk deemed to be dilapidated.
Overall, 71.0% of the sidewalks are in either a deteriorating state or completely missing. Missing sidewalk is
as bad as dilapidated or deteriorating sidewalk since there is no safe place to walk other than across
someone else’s property or in the street. See Figure 5 for the locations of these sidewalks.
Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions would be a direct
contributing factor.
Street Conditions
The street conditions were analyzed in the Study Area
including both the incorporated areas and the
unincorporated portions of the area. The streets were
also rated on four categories; adequate, deteriorating,
dilapidating, and missing completely. The following is the
breakdown by corporate limits and county industrial park.
Within the study area there is approximately 2,596 lineal
feet of street. After reviewing the conditions in the field,
the following is how the street conditions breakdown
within the corporate limits:
1,755 (67.6%) lineal feet of adequate street
306 (11.8%) lineal feet of deteriorating street
535 (20.6%) lineal feet of dilapidated street
Overall, 32.4% of the streets are in either in a
deteriorating or dilapidated state. See Figure 6 for the
locations of these streets.
Due to the large amount of deteriorating and missing
street, the street conditions would be a direct contributing
factor.
Curb and Gutter
Curb and Gutters have a number of direct and indirect
roles in neighborhoods. Their primary functions is to be a
barrier that collects and directs water, drainage. On a
secondary level, they can help define where the streets
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 9
start and stop, and they act as a physical barrier between pedestrian and vehicular traffic.
Curb and gutter for the Study Area will be examined similarily to streets and sidewalks. The curb and gutter
will be graded as either adequate, deteriorating, dilapidated, or missing. In addition, curb and gutter will be
examined based upon their location, within the incorporated area or within the county industrial park.
Within the corporate limits portion of the study area there is approximately 2,876 lineal feet of curb and
gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions
breakdown within the corporate limits:
1,262 (43.9%) lineal feet of adequate curb and gutter
1,613 (56.1%) lineal feet of deteriorating curb and gutter
Approximately 57% of the curb and gutters are in either a deteriorating state or are missing. See Figure 7 for
the locations of these curb and gutter.
Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter conditions would
be a direct contributing factor.
Poor curb and gutter and no sidewalk access to the
street along one side of the intersection.
No sidewalk access running east and west.
Figure 4
Structural Conditions
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 10
Source: Marvin Planning Consultants and Olsson Associates, 2012
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 11
Figure 5
Sidewalk Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2012
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 12
Figure 6
Street Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2012
Figure 7
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 13
Curb and Gutter Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Regular Meeting - 7/11/2012 Page 95 / 117
Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 14
BlightingBlighting SummarySummary
These conditions are contributing to the blighted conditions of the study area.
Substantial number of deteriorating structures
o 50.0% of the structures identified within the Study Area, were deemed to be in a state of
deterioration or dilapidation
Deterioration of site or other improvements
o A large amount of sidewalk either in a deteriorated state or missing from properties.
o There is a significant amount of lineal feet of streets that are deteriorating or dilapidated.
o Deteriorating curb and gutter does and/or will continue to become worse in condition and ultimately
will begin to negatively impact drainage in the study area.
Average age of structures is over 40 years of age
o Within the Study Area 94.7% of the structures meet the criteria of 40 years of age or older.
The other criteria for Blight were not examined or are not present in the area, these included:
Defective/Inadequate street layouts,
Faulty lot layout,
Insanitary or unsafe conditions,
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Tax or special assessment exceeding the fair value of the land,
Diversity of ownership.
Improper Subdivision or obsolete platting
Existence of conditions which endanger life or property by fire and other causes,
The area has had either a stable or decreasing population based upon the last two decennial
censuses,
Unemployment in the designated area is at least one hundred twenty percent of the state or
national average,
Combination of such factors, substantially impairs or arrests the sound growth of the community,
and
Per capita income of the area is lower than the average per capita income of the city
These issues were either not present or were limited enough as to have little impact on the overall condition
of the study area.
SubstandardSubstandard ConditionsConditions
Average age of the residential or commercial units in the area is at least forty years
Besides structural conditions of the buildings in the Study Area, age of these structures is another
contributing factor to the substandard conditions in the area. Statutes allow for a predominance of structures
that are 40 years of age or older to be a contributing factor regardless of their condition.
Within the study area there is a total of 38 structures. After researching structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
2 (5.3%) structures were determined to be less than 40 years of age
36 (94.7%) structures were determined to be 40 years of age or older
Overall, 94.7% of the structures in this portion of the area are 40 years old or older thus qualifying it as
substantial. See Figure 3 for the locations of the structures.
Due to the age of the structures in the corporate limits, age of structures would be a direct contributing
factor.
SubstandardSubstandard SummarySummary
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Blight and Substandard Study – Micro Blight Area
City of Grand Island, Nebraska • June 2012 Page 15
Nebraska State Statute requires that at least one of five substandard factors be present in a community. This
Study Area in Grand Island has one of the five. The other criteria for Substandard were not present or the
data was not readily accessible in the area, these included:
Unemployment in the designated area is at least one hundred twenty percent of the state or national
average;
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;
the per capita income of the area is lower than the average per capita income of the city or in which the
area is designated
The area has had either stable or decreasing population based on the last two decennial censuses.
FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #10#10
Blight Study Area #10 has several items contributing to the Blight and Substandard Conditions. These
conditions include:
Blighted Conditions
Substantial number of deteriorating structures
Deterioration of site or other improvements
Average age of structures is over 40 years of age
Substandard Conditions
Average age of the residential or commercial units in the area is at least forty years
CCONCLUSIONONCLUSION
Based upon the issues and conditions indicated from the survey of this area, there is sufficient criteria
present to declare Area #10 of Grand Island as Blighted and Substandard as provided for in the Nebraska
Revised Statutes. The conditions found throughout the entire area constitute a designation of blighted and
substandard. The eventual use of Tax Increment Financing or other incentive programs would be of great
benefit to the entire area.
Grand Island Regular Meeting - 7/11/2012 Page 97 / 117
Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item M1
Final Plats
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 7/11/2012 Page 98 / 117
June 28, 2012
Dear Members of the Board:
RE: Final Plat – Sheaffer Second Subdivision
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith
submitted a final plat of Sheaffer Second Subdivision, in Grand Island, Hall County
Nebraska.
This final plat proposes to create 2 lots on a tract of land comprising a part of the Northeast
Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Twenty Four (24), Township
Eleven North, Range Ten (10) West of the Sixth P.M., in Hall County, Nebraska, said tract
containing 5.605 acres.
You are hereby notified that the Regional Planning Commission will consider this final plat at
the next meeting that will be held at 6:00 p.m. on July 11, 2012 in the Council Chambers
located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: City Clerk
City Attorney
City Public Works
City Building Department
City Utilities
Benjamin & Associates, INC
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 7/11/2012 Page 99 / 117
Claude RdArch AveJohnstown RdUS Highway 30 W
W estgate RdUS Highway 30 W
ProposedSheaffer Second Subdivision
¯LOCATION MAP
Grand Island Regular Meeting - 7/11/2012 Page 100 / 117
June 28, 2012
Dear Members of the Board:
RE: Final Plat – White Tail Country Subdivision
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith
submitted a final plat of White Tail Country Subdivision, in Hall County Nebraska.
This final plat proposes to create 1 lot on a tract of land comprising a part of the Northeast
Quarter (NE1/4), Section Twenty One (21), Township Nine (9) North, Range Eleven (11) in
Hall County, Nebraska, said tract containing 4.173 acres.
You are hereby notified that the Regional Planning Commission will consider this final plat at
the next meeting that will be held at 6:00 p.m. on July 11, 2012 in the Council Chambers
located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: Hall County Clerk
Hall County Attorney
Hall County Public Works
Hall County Zoning Department
Manager of Postal Operations
Rockwell and Associates, LLC
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 7/11/2012 Page 101 / 117
110th Rd SPlatte River Dr
ProposedWhite Tail Country Subdivision
¯LOCATION MAP
Grand Island Regular Meeting - 7/11/2012 Page 102 / 117
Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item N1
Budget 2012-2013
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 7/11/2012 Page 103 / 117
Date: June 14, 2012
To: Hall County Regional Planning Commission
From: Chad Nabity, Planning Director
Re: 2012-2013 Budget and Fees
Enclosed you will find the budget for the Hall County Regional Planning Commission. The budget
submitted this year assumes the three positions in the Planning Department will be funded as follows:
Position Planning %CRA %Utilities %Building %Total
Director 80%20%100%
Secretary 70%20%10%1 100%
Technician 62%38%100%
The Regional Planning Department has had a history of cooperation with other city departments and
agencies for funding since 1990 when the budget was amended to transfer the planning technician
position to the Grand Island Utilities Department for 10 pay periods every year. This has been a
beneficial partnership that has kept the costs of maintaining the planning department lower than it
would have been without the partnership and increased the efficiency and communication between the
utilities department and the planning department. The partnership with the CRA was formed in 2005
and has resulted in increased efficiency and effectiveness for both agencies. The funding from the
Grand Island Building Department may be extended into the 2012-13 fiscal year. The Building
Department had planned to fill their vacant position in the latter part of the 2011-12 fiscal year but the
position is not likely to be filled until well into the 2012-13 fiscal year, it is likely that they will continue to
subsidize the planning department secretary position for the 2012-13 fiscal year.
Based on the proposed budget Regional Planning Commission is requesting $108,381 in budget
authority for fiscal year 2012-2013 from both Hall County and the City of Grand Island. The budget as
submitted to the County last year was $199,302 in 2011, $200,949 in 2010 and $211,332 in 2009. This
included $99,651 from both Hall County and Grand Island. Once again the Planning Department is
requesting no funding for Capital equipment this year. The proposed changes to the budget will cover
increased personnel costs, the Director’s salary may increase by 2% for the 2012-2013 budget year
and the secretary position will be eligible for step increase and both the secretary and technician
positions include a potential 2% increase in base salary per the union contract. Final salaries will not
be approved until later in the city budget process.
Operating expenses have been reviewed and were kept at essentially the same levels as last year.
Operating expenses cannot be reduced without impacting the ability of the department to function.
Overall personnel expenses will increase by between $16,860 and $11,243. Most of this is due to
1 It appears that the Grand Island Building Department will cover 10% of the Planning Department Secretary expenses for the
2012-13 fiscal year but the budget as presented shows the impact to the planning budget both with and without this input.
Grand Island Regular Meeting - 7/11/2012 Page 104 / 117
changes of employee status for insurance (single to family coverage), and an increase in insurance
cost of 15%. Employees are eligible to choose the level of insurance and pay 16% of the cost of the
policy through a payroll deduction.
Decreasing expenses or holding line items constant within the department is one piece of the budget
puzzle. The other piece is looking at fees and the possibilities available for revenue generation. The
current fees have been reviewed as have the services provided by the planning department for which
we do not currently charge a fee. Modest fee increases are suggested this year. Proposed fee
increases are shown in the attached fee schedule. The only fees impacted for Hall County would the
base cost of a preliminary plat which would increase from a base of $400 plus $10 per lot to a base of
$400 plus $15 per lot. The department is also raising fees on various publications and maps. The
revenue from those publications reduces the County share of the planning department by 50% of the
amount of revenue generated and is shown on the monthly statement received by the County.
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REGIONAL PLANNING COMMISSION FEES AND CHARGES: Effective October 1, 2012
Service or Product Fee
Category 1. Zoning
a. Zoning Map Amendment (general)$750.00
b. Zoning Ordinance Text Amendment $750.00
c. CD or RD Comprehensive Rezoning (Grand Island and 2 mile limit)$750.00
d. P.U.D. Rezoning (5 or more lots)(Hall County)$750 + 10/lot
Category 2. Subdivision
a. Preliminary Plat $ 400.00 + $10.00/lot
+ $15/lot
b. Final Plat - (Grand Island and 2 mile limit)$ 420.00 + $10.00/lot
(Elsewhere in region)$ 420.00 +$10.00/lot
c. Plat Vacation $ 250.00
d. Administrative Subdivisions $ 50.00
Category 3. Comprehensive Plan:
a. Map Amendment $750.00
b. Text Amendment $750.00
Category 4. Planning Publications:
A. G.I. Street Directory $15.00
b. Zoning Ordinances - (Grand Island)$25.00 $30.00
(All other communities)$25.00 $30.00
c. Subdivision Regulations – (Grand Island)$25.00 $30.00
(All other communities)$25.00 $30.00
d. Comprehensive Plans - (Grand Island) $ 75.00 $85.00
(All other communities)$ 50.00 $60.00
Category 5. Maps:
Grand Island
800 scale zoning map unassembled $100.00 $125.00
Generalized zoning map $50.00 $60.00
Future Land Use Map $50.00 $60.00
Grand Island Regular Meeting - 7/11/2012 Page 107 / 117
Grand Island Street Map $15.00
Hall County
Zoning Map Generalized 24 X 30 $50.00 $60.00
Zoning Map 2” = 1 Mile $75.00 $90.00
Road Map $15.00
Wood River, Cairo, Doniphan, Alda
Basemap $ 5.00 $10.00
Zoning Map $ 50.00 $60.00
Other Maps
School District Maps 36 X 36 $ 50.00 $60.00
Election District Maps 36 X 36 $ 50.00 $60.00
Fire District Maps 36 X 36 $ 50.00 $60.00
Custom Printed Maps $ 15.00/sq foot
Electronic Publications
GIS Data CD $ 100.00
Aerial Photograph DC (Mr SID format)$ 100.00
Comprehensive Plans (all jurisdictions)$ 100.00
Zoning & Subdivision Regulations (all jurisdictions)$ 50.00
Custom Map PDF $ 25.00/ ½ hour
Research & Documentation Fee $150/hr
Minimum 2 hr
Category 6 Flood Plain
Letter of Map Interpretation $20.00
Review and Submission of LOMR $ 50.00
Category 7 Redevelopment Plan and Blight Studies
Blight Study Adoption $ 500.00
Redevelopment Plan Adoption $ 500.00
Redevelopment Plan Amendment $ 500.00
** An additional $50.00 fee is charged in the Villages of Alda, and Doniphan payable to the
pertaining clerk’s office
Shaded are amended fees
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Hall County Regional Planning
Commission
Wednesday, July 11, 2012
Regular Meeting
Item Q1
Referral - Creation of South Locust 2012 BID
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 7/11/2012 Page 111 / 117
Agenda Item #7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
June 28, 2012
SUBJECT:Creation of South Locust 2012 Business Improvement District 8 (C-
23-2012GI)
PROPOSAL:To create a Business Improvement District for an area of South Locust
between south of Fonner Park Road and north of Stolley Park Road in Grand Island as
shown on the attached map. This South Locust 2012 BID would replace the existing
BID 4 that is set to expire later this year. They are requesting that the district be created
for one year to allow for the possible combination of the South Locust BID’s next year
when BID 7 expires.
OVERVIEW:
The purpose of a Business Improvement District is to raise funds for projects that
serve the interests of business owners in the district. Nebraska Statutes allow the
creation of Business Improvement Districts that assess and tax business owners for
services provided by the BID. These are voluntary organizations that require a
majority of the property owners to agree before they can be created. The purpose of
this BID is maintenance of the landscaping along South Locust in the described area.
The Planning Commission is required make a recommendation on the plan
submitted by the proposed BID prior to action by Council to create the district.
RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve the
creation of the South Locust 2012 Business Improvement District in Grand Island.
___________________ Chad Nabity AICP, Planning Director
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Budget Proposal
Business Improvement District 2012
Grand Island, Nebraska
Submitted to the Honorable Mayor and City Council of Grand Island
July 3, 2012
By
Business Improvement District 2012 Board of Directors
Proposed Budget and Purposes for Business Improvement District 2012
The board members of Business Improvement District 2012 have completed a thorough process to
identify the needs of the area (South Locust Street, Fonner Park Road to Stolley Park Road) relative to
continued beautification and maintenance of landscaping, pedestrian lighting, and sidewalks.
Various property and business owners in the District have indicated an interest in forming a business
improvement district to continue the street improvements (landscaping, pedestrian lighting, banners,
and sidewalks) that are currently in place. They recognize the importance of a well-maintained and
appealing corridor has for residents, business development and visitors to the community.
At the City Council Meeting of June 26, 2012, approval was given for establishment of the boundaries for
the South Locust Business Improvement District 2012 as well as for the formation of a Board to develop
recommendations to the City Council relative to anticipated improvements. The boundaries for the
proposed South Locust Business Improvement District 2012 are identical to those for the current
Business Improvement District #4.
Because there has long been an interest and intent to merge the business improvement districts for
South Locust Street (currently BID #4 and BID #7), we propose a one year term for this Business
Improvement District 2012. BID #7 is set to expire in September, 2013. By forming this District for one
year, we will be able to explore the potential to merge with BID #7 for the year beginning October 1,
2013. Thus, this proposal calls for resources in the amount of $34,643 for the fiscal year October 1,
2012 through September 30, 2013.
Maintenance/Beautification
Creating an atmosphere that is welcoming and well-maintained is essential for this entry to the
community. This category of work includes funding for contract services for lawn care (including
Grand Island Regular Meeting - 7/11/2012 Page 116 / 117
irrigation), tree and perennial care and maintenance, and snow removal. Funds are also included for
contract services for the management of the District (Chamber) and for financial services provided by
the City.
Table 1.
South Locust Business Improvement District 2012
One-Year Financial Plan
Fiscal years beginning October 1,
2012
BID Revenue $34,643
Maintenance of Existing
Landscaping, Sprinkler System $21,500
Beautification $11,643
System repairs, replacement plantings,
trees
Implementation and Financial
Management $3,500
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