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11-14-2017 City Council Regular Meeting Packet City of Grand Island Tuesday, November 14, 2017 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 11/14/2017 Page 1 / 479 City of Grand Island Tuesday, November 14, 2017 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial Drive Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 11/14/2017 Page 2 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item D-1 #2017-BE-7 - Consideration of Determining Benefits for Sanitary Sewer District No. 539; North Webb Road and 13th Street Council action will take place under Ordinances item F-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 3 / 479 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 14, 2017 Subject:Consideration of Determining Benefits for Sanitary Sewer District No. 539; North Webb Road and 13th Street Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 539; North Webb Road and 13th Street was approved by City Council on October 10, 2017, via Resolution No. 2017-277; with November 14, 2017 set as the date for Council to sit as the Board of Equalization. Starostka Group Unlimited, Inc. of Grand Island, Nebraska was hired to perform such work in the amount of $105,483.25. Work was completed at a price of $85,543.76; with additional costs of $19,276.73, all detailed below. Original Bid $ 105,483.25 Overruns $ (19,939.49) Sub Total (Construction Price) = $ 85,543.76 Additional Costs: The Grand Island Independent – Advertising $ 157.76 Hall County Register of Deeds – Filing Fees $ 252.00 Island Sprinkler – Sprinkler Repair $ 74.51 Midwest Right-of-Way – Easement Acquisition Services $ 4,685.00 Phillip J Harders – Easements $ 500.00 Calvary Baptist Church – Easements $ 1,535.00 Richard A Rischling – Easements $ 6,005.00 Sheffield Tree Service – Tree Removal $ 3,800.00 Grand Island Public Works Engineering – Engineering & Design $ 2,267.46 Sub Total of Additional Costs = $ 19,276.73 TOTAL COST = $ 104,820.49 Grand Island Council Session - 11/14/2017 Page 4 / 479 Total project cost is $104,820.49, with an assessable amount of $69,430.57. The remaining costs were necessary to construct a line west from Dixie Square to address deficiencies with the system along Webb Road from prior construction. There are approximately 300 septic tanks within City limits with no available sanitary sewer. This project provides sanitary sewer to five (5) additional properties. All work has been completed and special assessments have been calculated for the improvements. Discussion The costs for this project will be assessed to the adjacent property. The payments are spread over ten (10) years at 7% simple interest. The first payment of principle only at 1/10th of the assessment is due 25 days after filing of the ordinance that levies the costs as approved at the Board of Equalization. The City has had multiple correspondences with the property owners and sent a reminder letter advising them that the BOE is scheduled for November 14, 2017 and the first payment will be due shortly after. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council meet as the Board of Equalization to determine benefits and pass an ordinance to levy Special Assessments to the individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution establishing benefits for Sanitary Sewer District No. 539; North Webb Road and 13th Street. (Sample Motion for the Resolution) Move to approve the ordinance levying the assessments for Sanitary Sewer District No. 539; North Webb Road and 13th Street. Grand Island Council Session - 11/14/2017 Page 5 / 479 STATE OF NEBRASKA COUNTY OF HALL ) ) ss ) AFFIDAVIT OF MAILING RaNae Edwards, City Clerk, being first duly sworn on oath, deposes and says that she is the duly appointed and acting City Clerk of the City of Grand Island, Nebraska, and that on October 31, 2017; she mailed copies of the "Notice of Board of Equalization Hearing -Sanitary Sewer District No. 539; North Webb Road and 13th Street", which notice was first published in the Grand Island Independent on October 31, 2017, to the following named parties: Executive Properties, LLC 4110 Terrace Cir Grand Island, NE 68803 Ronald & Karen Hanover 1724 N Broadwell Ave Grand Island, NE 68803 Larry & Wendy Buhrman 1041 N Webb Rd Grand Island, NE 68803 Calvary Ba�tist Church of GI NE 3221 W 13t St Grand Island, NE 68803 Alexander C & Frances Salinas1121 N Webb Rd Grand Island, NE 68803 Such communications were properly posted and deposited in the United States mail. Those names shown with an asterisk were mailed copies by certified mail, return receipt requested, being owners of property within the district whose addresses were shown on the tax rolls of Hall County at the time said Notice was first published as being outside the boundaries of Hall County. Affiant further states that she, and her attorney, after diligent investigation and inquiry, were unable to ascertain and does not know the post office address of any other party appearing to have a direct legal interest in the proceedings other than the above parties to whom notice has been mailed. DATED: October 31, 2017 Subscribed and sworn to before me this 31st date October, 2017. Notary Public Grand Island Council Session - 11/14/2017 Page 6 / 479 Grand Island Council Session - 11/14/2017 Page 7 / 479 Grand Island Council Session - 11/14/2017 Page 8 / 479 Grand Island Council Session - 11/14/2017 Page 9 / 479 Grand Island Council Session - 11/14/2017 Page 10 / 479 Grand Island Council Session - 11/14/2017 Page 11 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-BE-7 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 539; North Webb Road and 13th Street, after due notice having been given thereof, that we find and adjudge: That total project cost is $104,820.49, with benefits accruing to the real estate in such district to be the total sum of $69,430.57; and Such benefits are based on Sanitary Sewer District No. 539; North Webb Road and 13th Street at the adjacent property and are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 539; North Webb Road and 13th Street, such benefits are the sums set opposite the description as follows: Parcel No.Owner Legal Description Assessment by Frontage 400146568 Executive Properties, LLC Misc Tracts 18-11-9 Part Lot 1, 1 AC $ 13,886.12 400146541 Ronald Hanover Karen Hanover Misc Tracts 18-11-9 Part Lot 1, .98 AC $ 13,886.12 400146533 Alexander C Salinas Frances Salinas Misc Tracts 18-11-9 Part Lot 1, .48 AC $ 13,886.11 400146576 Larry Buhrman Misc Tracts 18-11-9 Part Lot 1, .48 AC $ 13,886.11 400146401 Calvary Baptist Church of GI NE Misc Tracts 17-11-9, PT NW ¼ NW ¼, 4 AC $ 13,886.11 $ 69,430.57 - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 12 / 479 Grand Island Council Session - 11/14/2017 Page 13 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-1 Public Hearing on Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I & J for a Class “C” Liquor License Council action will take place under Consent Agenda item G-4. Staff Contact: RaNae Edwards Grand Island Council Session - 11/14/2017 Page 14 / 479 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:November 14, 2017 Subject:Public Hearing on Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I & J for a Class “C” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I & J has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 11/14/2017 Page 15 / 479 Also submitted was a request for Liquor Manager Designation for Nicholas Papke, 727 So. Blaine Street. Staff recommends approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I & J for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for Nicholas Papke, 727 So. Blaine Street contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 11/14/2017 Page 16 / 479 W E D G E W O O D D RWYANDOTTE ST BROOKLINE DR HOLCOMB ST STAGECOACH RD STOLLEY PARK RD W LOCUST ST SEDDY ST SSARATOGACIRLINCOLN AVE SASHWOODLN KINGSWOOD DRCHERRYW OODLNWEDGEWOOD DRCOCHI NSTHEDDE ST W GAMMAST B R A H M A S T ROUSH LN STOLLEY PARK RD E P A R K W O O D D R DELTA ST BELLWOOD DRSANTA ANITA DRBANTAM STCHANTICLEER STLOCUST ST SBRAHMA STLOCUST ST SSTATE FAIR BLVD µ Liquor ApplicationBearded Buffalo Golf217 E. Stolley Park Road, Suite IClass "C" License Legend St. CenterlineLiquor License Locations217 E. Stolley Park Road, Suite I Grand Island Council Session - 11/14/2017 Page 17 / 479 Grand Island Council Session - 11/14/2017 Page 18 / 479 Grand Island Council Session - 11/14/2017 Page 19 / 479 Grand Island Council Session - 11/14/2017 Page 20 / 479 Grand Island Council Session - 11/14/2017 Page 21 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 2405 E. Stolley Park Road - John C. Hoffman Council action will take place under Consent Agenda item G-8. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 22 / 479 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:November 14, 2017 Subject:Acquisition of Utility Easement – 2405 E. Stolley Park Road – John C. Hoffman Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of John C. Hoffman, through part of Lot One (1), Sandy Beach Third Subdivision, Hall County, NE (2405 E. Stolley Park Road), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The requested easement is located on a residential lot on the south side of Stolley Park Road and east of Stuhr Road. A new single family home is being built on the property. The proposed easement will allow the Utilities Department to install, operate and maintain the new underground electric service lines and related infrastructure for the new residence. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 11/14/2017 Page 23 / 479 Grand Island Council Session - 11/14/2017 Page 24 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - 3333 Ramada Road - Southeast Crossings, LLC Council action will take place under Consent Agenda item G-9. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 25 / 479 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:November 14, 2017 Subject:Acquisition of Utility Easement – 3333 Ramada Road – Southeast Crossings, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Southeast Crossings, LLC through a part of Lot Eleven (11), Woodland Second Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska (3333 Ramada Road), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Borders Inn Hotel is in the process of upgrading the electrical service to the facility. The proposed easement will allow the Utilities Department to access, extend, operate and maintain the underground power lines and transformer that service the property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 11/14/2017 Page 26 / 479 Grand Island Council Session - 11/14/2017 Page 27 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-4 Public Hearing on Acquisition of Utility Easement - South of One- R Road and West of Hwy. 281 - Petersen Council action will take place under Consent Agenda item G-10. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 28 / 479 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:November 14, 2017 Subject:Acquisition of Utility Easement – South of One-R Road and West of Highway 281 – Douglas and Tamara Petersen Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Douglas R. and Tamera K. Petersen, located through a part of the Northwest Quarter (NW ¼), Section Twenty (20), Township Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska (south of One-R Road and west of Highway 281), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The farmland in the Northwest Quarter (NW ¼) of Section Twenty (20), Township Twelve (12) North, Range Nine (9) West, is served by the Grand Island Utilities Department. The existing overhead power lines were originally installed approximately 20 years ago without acquiring easements which was common at the time. The proposed easement will allow the Utilities Department to access, extend, operate and maintain power lines for the irrigation wells in the area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/14/2017 Page 29 / 479 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 11/14/2017 Page 30 / 479 Grand Island Council Session - 11/14/2017 Page 31 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-5 Public Hearing on Request to Rezone Property Located on the East Side of Boggs Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3 Medium Density Residential (T.C. Enck Builders, Inc.) Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 32 / 479 Council Agenda Memo From:Regional Planning Commission Meeting:November 14, 2017 Subject:Rezone from R-2 Low Density Residential to R-3 Medium Density Residential Presenter(s):Chad Nabity AICP, Regional Planning Director Background The request is to rezone Lots 8, 9, and 10 of Block 10 of Packer and Barr’s Addition. The property is located in the City of Grand Island. The applicant, Todd Enck, is asking that the zoning on this property be changed from R-2-Low Density Residential Zone to R-3 Medium Density Residential in order to accommodate the construction of two new duplexes. Discussion At the regular meeting of the Regional Planning Commission, held November 1, 2017, the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity said R-2 allows for one dwelling unit for 6,000 square feet of property, whereas R-3 allows for one dwelling unit for 3,000 square feet of property. The applicant wants to put one duplex on each of two vacant lots. Across the alley is R-4, which allows for one dwelling unit for 1,000 square feet of property. Nabity said this is an older neighborhood that would benefit from the new development. Similar density is already in use on the north end of the block. Nabity said he had one call from a property owner who hoped the development would be positive because the owner has a long-time tenant there and is planning to do some reinvestment in her own property. Nabity said the proposed project is very positive and is consistent with Grand Island’s comprehensive plan. O’Neill offered the floor to Enck. Enck stated he was there to answer questions and declined comment. O’Neill closed the public hearing. A motion was made by Ruge and seconded by Rainforth to recommend approval Grand Island Council Session - 11/14/2017 Page 33 / 479 of the rezoning from R-2 to R-3. The motion carried with ten members in favor (O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen, Randone and Kjar) and no members voting no or abstaining. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 11/14/2017 Page 34 / 479 Grand Island Council Session - 11/14/2017 Page 35 / 479 Agenda Item # 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 1, 2017 SUBJECT: Zoning Change (C-03-2018GI) PROPOSAL:An application has been made to rezone Lots 8, 9 and 10 of Block 10 of Packer and Barr’s Addition to the City of Grand Island from R-2 Low Density Residential Zone to R-3 Medium Density Residential Zone. This property is north of 4th Street and east of Boggs Avenue. The person interested in purchasing the two undeveloped lots would build a duplex on each of those lots if the rezoning is approved. OVERVIEW: Site Analysis Current zoning designation:R-2: Low Density Residential Intent of zoning district:R-2: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. Permitted and conditional uses:R-2: Residential uses with at density of one unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district. Proposed Zoning Designation:R-3: Residential uses with at density of 1 unit per 3,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks and some limited non-profit operations and day care facilities are also allowed as permitted or conditional uses in this district. Comprehensive Plan Designation:Medium Density Residential to Office Use. Existing land uses.Vacant lots, single family residential. Adjacent Properties Analysis Current zoning designations:East: R-4 High Density Residential North West and South: R2 Low Density Residential Intent of zoning district:R-4: To provide for residential uses at a maximum density of 43 dwelling units per acre with supporting community facilities. This zoning district is also used as a transitional zone between lower density residential zones and office, business, or manufacturing zones. R-2: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. Permitted and conditional uses:R-4: Residential uses with at density of one unit per 1,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks, day Grand Island Council Session - 11/14/2017 Page 36 / 479 care facilities, non-profit community organizations, boarding houses, public and quasi-public buildings are permitted in this zoning district R-2: Residential uses with at density of one unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district Comprehensive Plan Designation:All Directions: Medium Density Residential to Office Uses. Existing land uses:North: Single family including some on half lots. South: Single family. West: Single family and duplex homes. East: Single family transitioning to commercial east of White Avenue. EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for medium density residential to office uses. Consistent with existing uses: This change is consistent with the existing uses in the area. The neighborhood has a mixture of single-family homes and duplex units. Provides for additional housing in Grand Island: The proposed change would allow the more scattered site units to be built in this existing neighborhood. Negative Implications: Could potentially be spot zoning: This is a small area with benefit to a single property owner - both aspects of spot zoning. Other Considerations This property is developed with full services available and the neighborhood is planned for increased residential density. The proposed densities are similar to that found at the north end of this block and across the street to the west. Given the nature of the development in this area it might be appropriate to take a wider look at this neighborhood for rezoning when the Grand Island zoning map is considered for re- adoption. Grand Island Council Session - 11/14/2017 Page 37 / 479 Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan Grand Island Council Session - 11/14/2017 Page 38 / 479 RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council change the zoning on this site from R-2 Low Density Residential to R-3 Medium Density Zone. ___________________ Chad Nabity Grand Island Council Session - 11/14/2017 Page 39 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-6 Public Hearing on Request to Rezone Property Located South of Capital Avenue and West of the Union Pacific Railroad Tracks from R-3 Medium Density Residential to R-3 SL Medium Density Residential Small Lot (Habitat for Humanity) Council action will take place under Ordinances item F-2. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 40 / 479 Council Agenda Memo From:Regional Planning Commission Meeting:November 14, 2017 Subject:Rezone from R-3 Medium Density Residential to R-3SL Medium Density Residential Small Lot Presenter(s):Chad Nabity AICP, Regional Planning Director Background The request is to rezone approximately 4.0 acres of land south of Capital Avenue and west of the Ord Line Railroad operated by Central Nebraska Railroad. The property is located in the City of Grand Island. The applicant is asking that the zoning on this property be changed from R-3-Medium Density Residential Zone to R-3SL Medium Density Residential Small Lot, a new zoning classification that was approved by the city council last month. The proposed change does not increase the density of housing, but does allow for smaller lot sizes. The applicant, Grand Island Area Habitat for Humanity, would be able to fit 25 percent more homes on the land parcel with this change. Discussion At the regular meeting of the Regional Planning Commission, held November 1, 2017, the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity said this rezoning does not change the density of development, but only the lot size. R-3 and R-3SL both allow one dwelling unit for 3,000 square feet of property. The R-3SL was approved by city council in October and would allow for a 35-feet-wide lot. He said Habitat for Humanity would like to use the zoning to get 22 lots on land it owns rather than 17 lots. Dana Jelinek, 616 Swan Lane, spoke in favor of the rezoning. She is the executive director of the Grand Island Habitat for Humanity. Jelinek said the rezoning doesn’t mean Habitat will build smaller homes. They will still build homes at just under 1,100 square feet per home, but the R-3SL zoning will allow them to shave off part of the yard and fit more home lots onto the L-shaped parcel of land they own. Kjar asked if utilities extend to the land now. Jelinek said no. Nabity said city sewer and water is available in Capital Avenue and can be extended into the new development. Grand Island Council Session - 11/14/2017 Page 41 / 479 Jeremy Trotter, 1024 E. Capital Avenue, said the previous owner of this parcel talked of putting trailer homes there. Trotter said that would be a concern. He asked what types of homes and how many were planned for the parcel. Nabity said Habitat builds stick-built homes on site and 22 homes are planned. Ruge said this will be a very good-looking neighborhood with homes in which property taxes are being paid. Ruge said the R-3SL seems to be a fantastic idea for this parcel. O’Neill closed the public hearing. A motion was made by Maurer and seconded by Rubio to recommend approval of the rezoning from R-3 to R-3SL. The motion carried with ten members in favor (O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen, Randone and Kjar) and no members voting no or abstaining. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 11/14/2017 Page 42 / 479 Grand Island Council Session - 11/14/2017 Page 43 / 479 Agenda Item # 6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 1, 2017 SUBJECT: Zoning Change (C-04-2018GI) PROPOSAL:An application has been made to rezone Lot 2 of Lassonde Second Subdivision in the City of Grand Island from R-3 Medium Density Residential Zone to R- 3SL Medium Density-Small Lot Residential Zone. This property is south of Capital Avenue and west of the Ord Line Railroad operated by Central Nebraska Railroad. The proposed change will not increase the density of housing permitted at this location, but will allow, if approved, single-family homes to be built on smaller lots. OVERVIEW: Site Analysis Current zoning designation:R-3: Medium Density Residential Intent of zoning district:R-3: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. Permitted and conditional uses:R-3: Residential uses with a density of 1 unit per 3,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks and some limited non-profit operations and day care facilities are also allowed as permitted or conditional uses in this district. Proposed Zoning Designation R-3SL: Residential uses with a density of 1 unit per 3,000 square feet of property. Minimum lot size of 3,000 square feet. Churches, schools, parks and some limited non-profit operations and day care facilities are also allowed as permitted or conditional uses in this district. Comprehensive Plan Designation:Low to Medium Density Residential Existing land uses.Vacant Ground Adjacent Properties Analysis Current zoning designations:North and West: LLR: Large Lot Residential East and South: R2 Low Density Residential Intent of zoning district:LLR: To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits residential dwellings at a maximum density of two dwelling Grand Island Council Session - 11/14/2017 Page 44 / 479 units per acre, as well as other open space and recreational activities. R-2: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. Permitted and conditional uses:LLR: Agricultural uses, recreational uses, transitional uses such as: greenhouses and veterinary clinics and residential uses at a density of one unit per 20,000 square feet. R-2: Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district Comprehensive Plan Designation:All Directions: Designated Low to Medium Density Residential Uses Existing land uses:North: Capital Avenue, acreage development South: Outfall Ditch, vacant property West: Single-family homes East: Apartment building, railroad tracks EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for low to medium density residential. Consistent with existing uses: This change is consistent with the existing uses in the area. Maintains current density of dwelling units: The proposed change does not increase or decrease the expected housing unit density on the property. Provides for affordable housing in Grand Island: The proposed change would allow the Grand Island Area Habitat for Humanity to increase the number of lots that will fit on this property. Negative Implications: None foreseen. Other Considerations The property is already intended for residential uses at the proposed density as shown below on the Future Land Use Map for the City of Grand Island. Grand Island Council Session - 11/14/2017 Page 45 / 479 Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan Grand Island Council Session - 11/14/2017 Page 46 / 479 RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council change the zoning on this site from R3 – Medium Density Residential to R- 3SL Medium Density-Small Lot Residential Zone. ___________________ Chad Nabity Grand Island Council Session - 11/14/2017 Page 47 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-7 Public Hearing on Request to Rezone Property Located South of Lake Street and West of South Locust Street from LLR Large Lot Residential to B-2 General Business (LBJM, LLC) Council action will take place under Ordinances item F-3. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 48 / 479 Council Agenda Memo From:Regional Planning Commission Meeting:November 14, 2017 Subject:Rezone from LLR Large Lot Residential to B-2 General Business Presenter(s):Chad Nabity AICP, Regional Planning Director Background The request is to rezone approximately 11.1 acres of land south of Lake Street and west of South Locust Street. The property is located in the City of Grand Island. The applicant is asking that the zoning on this property be changed from LLR Large Lot Residential Zone to B-2 General Business to accommodate business uses across the entire parcel. The Gateway Corridor overlay would remain. Discussion At the regular meeting of the Regional Planning Commission, held November 1, 2017, the above item was considered following a public hearing. O’Neill opened the public hearing and the discussion on the final plat for JGMO Subdivision. Nabity said this is the former Honda Shop. He said during past rezoning and corridor entrance work, the front 300 feet of the deep lot along South Locust Street was zoned B-2 General Business use, while leaving the majority of the property LLR. This rezoning would make the entire lot a consistent B-2 General Business Use. Nabity said one existing home on the site is being removed. Another home at the back of the lot can remain in the B-2 zoning, Nabity said. O’Neill and Ruge asked questions about the width of the access drive, which Nabity said must widen to half the allowed width in the B-2 zone (30 feet) at least by the mid-point of the lot, which the proposed subdivision does. O’Neill closed the public hearing. A motion was made by Ruge and seconded by Maurer to recommend approval of the rezoning from LLR to B-2. Grand Island Council Session - 11/14/2017 Page 49 / 479 The motion carried with ten members in favor (O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen, Randone and Kjar) and no members voting no or abstaining. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 11/14/2017 Page 50 / 479 Grand Island Council Session - 11/14/2017 Page 51 / 479 Agenda Item #7 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 1, 2017 SUBJECT:Zoning Change (C-05-2018GI) PROPOSAL:To rezone approximately 8 acres of land south of Lake Street and west of South Locust Street, from LLR Large Lot Residential to B-2 General Business Zone, in the City of Grand Island. The purpose of this rezoning request is to make the zoning consistent across the full parcel and allow for subdivision. No change is proposed for the Gateway Corridor Overlay zone. A similar rezoning was approved in 2013 for the Ditch Witch property north of this property. OVERVIEW: Site Analysis Current zoning designation:LLR: Large Lot Residential. Intent of zoning district LLR: To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits residential dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. Permitted and conditional uses:LLR: Agricultural uses, recreational uses and residential uses at a density of two dwelling units per acre. Proposed zoning district B-2: Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. Comprehensive Plan Designation:Designated for commercial development. Existing land uses.Property fronting South Locust is zoned B2 and occupied by the immediately behind Old Honda Shop Adjacent Properties Analysis Current zoning designations:South: B-2-General Business and LLR Large Lot Residential North: B-2-General Business and LLR- Large Lot Residential East: CD Commercial Development Zone West: LLR- Large Lot Residential Intent of zoning district:B-2: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the Grand Island Council Session - 11/14/2017 Page 52 / 479 density of the (R-4) High Density Residential Zoning District. Permitted and conditional uses:LLR - Agricultural uses, recreational uses and residential uses at a density of two dwelling units per acre. B-2-Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. CD a variety of commercial, retail, office and service uses with development permitted as outlined in the development agreement, no residential uses. Comprehensive Plan Designation:North, South, East and West: Designated Commercial Development. Existing land uses:North: Ditch Witch and single-family residential East: WalMart South: Single-family home on large lot West: Farm Ground Grand Island Council Session - 11/14/2017 Page 53 / 479 EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for low to highway commercial development (Typically B-2). Accessible to Existing Municipal Infrastructure: City water and sewer services are available to service the rezoning area. Constent with the existing commercial development: This property is already and has historically been used for commercial purposes. This proposal just extends the commercial zoning across the full property. Negative Implications: No Negative Consequences Foreseen Other Considerations This proposal is consistent with the 2004 comprehensive plan. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on the this site from LLR-Large Lot Residential to B-2- General Business as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 11/14/2017 Page 54 / 479 2016 Aerial Photos Grand Island Council Session - 11/14/2017 Page 55 / 479 2004 Future Land Use Map as Adopted with the Grand Island Comprehensive Plan Grand Island Council Session - 11/14/2017 Page 56 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-8 Public Hearing on Amendment to the Redevelopment Plan for CRA Area No. 25 located at the Formerly Used Defense Site in Hall County (Husker Harvest Days) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 57 / 479 Council Agenda Memo From:Chad Nabity, AICP Meeting:November 14, 2017 Subject:Amendment to Redevelopment Plan for CRA Area #25 Presenter(s):Chad Nabity, AICP CRA Director Background In 2017, the Grand Island City Council declared property referred to as CRA Area #25 as blighted and substandard and approved a generalized redevelopment plan for the property. The enclosed redevelopment plan proposes to authorize the use of public funds for private improvements on property within this redevelopment area. On June 13, 2017, the Grand Island City Council approved Resolution #2017-174 authorizing and directing city staff to work with Farm Progress to determine a way for the City to participate in funding improvements at the show site. Farm Progress owns property in this area and is proposing redevelop the site with improved water, roads, electrical systems, drainage and perimeter fencing. The total cost of the improvements is estimated to exceed $7,000,000. The show site has been at this location at the southwest corner of the Cornhusker Army Ammunition Plant, a formerly used defense site outside of Grand Island, Nebraska but within Hall County, Nebraska, for 40 years. The CRA reviewed the proposed development plan on September 20, 2017 and forwarded it to the Hall County Regional Planning Commission for recommendation at its meeting on October 11, 2017. The CRA also sent notification to the City Clerk of its intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on October 11, 2017. The Planning Commission approved Resolution 2018-01 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved and forwarded the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration at its meeting on October 18, 2017. Grand Island Council Session - 11/14/2017 Page 58 / 479 Discussion Tonight, Council will hold a public hearing to take testimony on the proposed redevelopment plan and to enter into the record a copy of the redevelopment plan that would authorize a redevelopment contract under consideration by the CRA and the City. Since this project is outside of the city limits on property that was part of a formerly used defense site, the opinion of the CRA legal counsel is that the City needs to be a party to the contract. Council is being asked to approve a resolution approving the redevelopment plan for the Husker Harvest Days site along with the contract and interlocal agreement with the CRA to fund the project using public funds. The resolution authorizes the CRA to execute a redevelopment contract based on the redevelopment plan. The redevelopment plan specifies that public funds in an amount not to exceed $2,000,000 or 2/7 of the cost of the project will be used for redevelopment expenses associated with the project. As part of the contract, the City will provide the CRA with up to $200,000 per year for 10 years that the CRA will use to pay Farm Progress, reimbursing them for part of the cost of the improvements. Farm Progress will agree to host a show comparable, or better than, those held at the site for the past 40 years for a period of no less than 20 years. The CRA will issue a forgivable loan to Farm Progress for an amount not to exceed $2,000,000. The CRA will forgive $100,000 of the loan principal each year that a show is held until such time as the loan is forgiven. Farm Progress will grant a lien to the CRA on the Farm Progress property, to be held in first position to secure the $2,000,000 loan. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan, and authorization to sign the contract and interlocal agreement. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 11/14/2017 Page 59 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 1 Husker Harvest Days Redevelopment Project July 2017 Farm Progress Companies, Inc. (“Farm Progress”) and the City of Grand Island, Nebraska (the “City”) intend to complete a transaction relating to the Husker Harvest Days show (the “Show”). Executive Summary: Husker Harvest Days, the World’s Largest Totally Irrigated Working Farm Show, is celebrating its 40th year in Grand Island, Nebraska. The Show features over 600 exhibitors demonstrating the latest technology, equipment, and supplies for today’s agricultural producers. The Show draws visitors from over 30 states and several countries. The long-time partnership between Farm Progress and the City has been enormously beneficial to Central Nebraska in many ways. Aside from the national and global acclaim of the event, the Show injects millions of dollars into the local economy via support of local retail and personal property tax base. During the span of 12 days, hotels, restaurants, and retail outlets throughout the region are busy. Temporary laborers are hired, and vendors purchase internet, landscaping, rental equipment, fuel and other services. Farm Progress, in cooperation with the Agricultural Institute of Nebraska, also makes substantial contributions to local philanthropies. This support includes college scholarships for students pursuing agricultural careers, contributions to the Hall County Agricultural Society, the Heartland Events Center, the Nebraska State Fair, livestock auctions at county fairs, and local law enforcement and emergency response groups. Nonprofit groups such as Central Catholic High School and the Wood River Booster Club host concession fundraisers at the Show. In 2015, Heartland United Way’s food drive at the Show garnered more than 8,700 pounds of food. Through this Redevelopment Project, the City and Farm Progress seek to deepen their local partnership by investing in critical capital improvements to the Show. These improvements will help preserve a valuable and constructive agricultural asset and ensure its continued prosperity for many years to come. Project Description This Redevelopment Project is intended to advance the long-standing partnership between Farm Progress and the City by installing and updating critical infrastructure on the property where the Show is held, (“Show Land”) as more specifically defined below. These updates and improvements will enhance the overall experience for guests of the Show and is part of a strategic plan to evolve the Show to attract national and international guests and vendors. Grand Island Council Session - 11/14/2017 Page 60 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 2 The City has approved a study regarding whether the Show Land is located within a blighted or substandard area (the “Blight Study”). This Redevelopment Project contemplates the Show Land is located within a blighted or substandard area, thereby enabling the City to undertake a redevelopment project pursuant to Neb. Rev. Stat. §18-2123.01. In addition, Farm Progress has formed a Sanitary Improvement District for the Show Land, in furtherance of this Redevelopment Project. Funding sources for the improvements identified in this Redevelopment Project will come from the three following sources. 1.The City shall contribute $2,000,000 for use by Farm Progress toward capital improvements on the Show Land consistent with the Redevelopment Project (the “City Contribution”). These funds will be generated by the City’s food and beverage tax and held by the Community Redevelopment Authority of the City of Grand Island (“CRA”) pending completion of the capital improvements. The City is providing these funds to the CRA pursuant to Neb. Rev. Stat. §18-2138. 2.Farm Progress through the Agricultural Institute of Nebraska (“AIN”), has secured $225,000 from the Grand Island Convention Visitor’s Bureau (“CVB”) for use toward certain capital improvements on the Show Land consistent with the Redevelopment Project (the “CVB/Chamber Contribution”). Farm Progress and AIN will work with the CVB and other community partners to secure additional funds. 3.Farm Progress shall contribute at least $2,000,000 for use toward certain capital improvements on the Show Land as determined by Farm Progress in its sole discretion (the “Farm Progress Contribution”). Farm Progress will retain ownership of the Show Land and has created a Sanitary and Improvement District to make the Show Land eligible for the Redevelopment Project. The Redevelopment Project will primarily include projects associated with electrical distribution, drainage and paving. This will consist of establishing an underground primary system, removing power poles, replacing power pedestals, establishing power feeds between transformers and pedestals, establishing surface and subsurface drainage, paving, fencing, and any exterior improvements as more specifically detailed in Exhibit A, which are anticipated to cost at least $7 million in the aggregate to implement. Third-party vendors whose services shall be required to make capital improvements to the Show Land shall be selected and managed by Farm Progress. Upon approval of this Redevelopment Project, Farm Progress shall begin making capital improvements to the Show Land consistent with this Redevelopment Project. The CRA will use the City Contribution to reimburse Farm Progress for up to $2,000,000 of such capital improvements and related expenses incurred by Farm Progress (including with respect to architects, engineers, general contractors, consultants and accounting, legal and other professional advisors). Farm Progress will submit documentation evidencing such capital improvements and/or related expenses for which Farm Progress desires reimbursement to the CRA. The CRA shall then Grand Island Council Session - 11/14/2017 Page 61 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 3 reimburse Farm Progress for such capital improvements and/or related expenses as and when incurred by Farm Progress up to the amount of the City Contribution. Farm Progress will have no obligation to make any capital improvements or incur any related expenses beyond the first $7,000,000 except as otherwise determined by Farm Progress in its sole discretion. In exchange for the City Contribution, Farm Progress agrees to host the Show for at least twenty years. If Farm Progress fails to host the Show, Farm Progress agrees to pay the City a penalty equal to $100,000 per year for each year prior to 2037 that Farm Progress does not host the Show for any reason other than due to inclement weather or any force majeure cause. REDEVELOPMENT PROJECT SHALL BE LIMITED TO THE FOLLOWING GEOGRAPHIC AREA: Property Description (the “Redevelopment Project Area”) A tract of land comprising the west half of the Southwest Quarter (SW 1/4) of Section Twenty Five (25), Township Eleven (11) North, Range Eleven (11) West of the 6th P.M. and all of the Southeast Quarter (SE 1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Eleven (11) West of the 6th P.M., all being in Hall County, Nebraska and depicted in the following aerial map: Grand Island Council Session - 11/14/2017 Page 62 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 4 Grand Island Council Session - 11/14/2017 Page 63 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 5 Existing Land Use Map Grand Island Council Session - 11/14/2017 Page 64 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 6 THE REDEVELOPMENT PROJECT 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 City Can Undertake this Redevelopment Project on real property located outside the corporate limits of the City for the following reasons: [Neb. Rev. Stat. §18-2123.01]: (a)The real property located outside the corporate limits of the city is a formerly used defense site; The Show Land is located outside the corporate limits of the City and is a formerly used defense site; (b)The formerly used defense site is located within the same county as the city approving such redevelopment project; The Show Land and the City are both located in Hall County; (c)The formerly used defense site is located within a sanitary and improvement district; Farm Progress has created SID Number 3, which was approved by the District Court on July 19, 2017; (d)The governing body of the city approving such redevelopment project passes an ordinance stating such city's intent to annex the formerly used defense site in the future; and Ordinance #9645 stating the intent of the City to annex the Cornhusker Army Ammunition Plant property in whole or part as it becomes eligible for annexation was adopted by the Grand Island City Council on August 22, 2017; (e)The redevelopment project has been consented to by any city exercising extraterritorial jurisdiction over the formerly used defense site. No city is exercising extraterritorial jurisdiction over the Show Land. Grand Island Council Session - 11/14/2017 Page 65 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 7 2.Redevelopment Project Area 25 was declared to be declared blighted and substandard by action of the Grand Island City Council.[§18-2109] with the passage of Resolution #2017-206 on July 25, 2017. Such declaration was made after a public hearing in full compliance with the public notice requirements of §18-2115 of the Act. The City has approved the Blight Study to include the Show Land, thereby enabling the City to undertake a redevelopment project pursuant to Neb. Rev. Stat. §18-2123.01. 3.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. Hall County adopted a Comprehensive Plan on April 20, 2004. This Redevelopment Project is consistent with the Comprehensive Plans of both Grand Island and Hall County, in that no changes in the Comprehensive Plan elements are intended and will only impact property located outside of the City’s corporate limits. The plan is also consistent with the Cornhusker Army Ammunition Reuse Plan as prepared for the Army Corps of Engineers by RKG Associates, Inc and Black & Veatch in 1997. 4.The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] (a)Land Acquisition: The Redevelopment Plan does not provide for real property acquisition. (b) Demolition and Removal of Structures: The projects to be implemented with this Redevelopment Plan do not provide directly for the demolition of structures. Some internal or other incidental demolition may be necessary for redevelopment but the primary purpose of this plan is to install and update improvements to the Show Land. (c)Future Land Use Plan: The Show Land is intended to be used for the Show. The Show Land is located outside of the corporate limits of the City and is intended to have no impact on the 2004 Grand Island Comprehensive Plan. The Hall County Comprehensive Plan has this property designated for special events and agriculture per the CAAP Reuse Plan. The Show is consistent with both plans. [§18-2103(b) and §18-2111]. (d)Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes: Grand Island Council Session - 11/14/2017 Page 66 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 8 As the Show Land is located outside of the City’s corporate limits, no zoning changes are anticipated with this project. The Show Land is with the Hall County Zoning jurisdiction and zoned AG-SE Special Agriculture/Events zone. 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 Show Land is zoned AG-SE Special Agriculture/Events zone and can accommodate the improvements contemplated as part of this Redevelopment Project. [§18-2103(b) and §18-2111] (f)Additional Public Facilities or Utilities: Electrical, sewer, and water are available to support the Show Land. Sewer and water are provided privately. Potable water at the site is provided through dedicated service wells on site which are tested annually before the event and have been, in all prior years, found to be safe. The Redevelopment Project will include projects associated with electrical distribution, drainage and paving. No City utilities will be impacted by the Redevelopment Project. [§18-2103(b) and §18-2111] 5.The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. [§18- 2103.02]. This Redevelopment Plan will not require the displacement of individuals or families. 6.No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] The Show Land is wholly owned by Farm Progress. No members of the CRA of the City hold an interest in property within the Redevelopment Project Area. 7.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. Outside of the City Contribution and the CVB/Chamber Contribution, Farm Progress will provide and secure all necessary financing. (b)Statement of proposed method of financing the Redevelopment Project. Outside of the City Contribution and the CVB/Chamber Contribution, Farm Progress will provide all necessary financing for the project. Farm Progress will submit documentation evidencing expenditures for Grand Island Council Session - 11/14/2017 Page 67 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 9 improvements outlined in Exhibit A for which Farm Progress desires reimbursement to the CRA. The CRA shall then reimburse Farm Progress for such expenditures as and when incurred by Farm Progress up to the amount of the City Contribution. (c)Statement of feasible method of relocating displaced families. No families will be displaced as a result of this Redevelopment Plan. 8.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 CRA has considered these elements in proposing this Redevelopment Plan. This Redevelopment Plan will have no impact negative on the Comprehensive Plans for either the City of Grand Island or Hall County. The improvements contemplated under this Redevelopment Plan will raise property values and provide a stimulus to keep surrounding properties properly maintained and support additional commercial development. This will have the intended result of preventing recurring elements of blighting conditions. 9.Time Frame for Development This Redevelopment Plan is to be following the 2017 Show and will continue until all improvements are accomplished, which is currently anticipated to be in 2018, and in any event before the end of 2019. The effectiveness of this Redevelopment Project will be evaluated in November of each year beginning in November of 2017. It is anticipated that this Redevelopment Plan and the money appropriated to support the Redevelopment Plan will result in increased property values and economic stimulus to the City beginning in 2017 and continuing thereafter for decades to come. 10.Justification of Project One of the keys to this Redevelopment Plan is to enhance the Show and the benefits of the retail and personal services associated with the Show. We expect the Grand Island Council Session - 11/14/2017 Page 68 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 10 Redevelopment Project’s improvements to support the entire community, but particularly the retail, dining, hospitality, and entertainment industries. This Redevelopment Project does not propose to tear down any buildings with historic value. 11.Cost Benefit Analysis This Redevelopment Plan does not permit the use of TIF. Any project using TIF will need to be approved with a separate plan amendment that will include a cost benefit analysis. (a) 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 Redevelopment Project. The electric utility has sufficient capacity to support this Redevelopment Project. It is not anticipated that this Redevelopment Project will impact schools. Fire and police protection are available and should not be impacted by this Redevelopment Project. (b)Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The Show injects millions of dollars into the local economy via support of local retail and personal property tax base. During the span of 12 days, hotels, restaurants, and retail outlets throughout the region are busy. Temporary laborers are hired, and vendors purchase internet, landscaping, rental equipment, fuel and other services. Farm Progress also supports local philanthropies, and contributes to local law enforcement and emergency response groups. (c)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 (d)Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This Redevelopment Project will serve as an economic boost for numerous industries in the Grand Island area. This Redevelopment Project will increase Grand Island’s ability to compete for talented individuals. Time Frame for Development It is anticipated that all improvements associated with this Redevelopment Project will commence on or shortly after approval of the Redevelopment Project by the City and the CRA and be completed by the end of 2018, and in any event before the end of 2019. Grand Island Council Session - 11/14/2017 Page 69 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 11 Exhibit A Husker Harvest Days Item Description Quantity Units PAVING & EXCAVATION Excavation 75,000 CY 7" TH. Concrete Pavement 71,180 SY 7" TH. Crushed Concrete 6,750 TONS WATER SERVICE 1"HDPE Water Pipe 935 LF 2"HDPE Water Pipe 775 LF 4" PVC Water Pipe 3,365 LF 6" PVC Water Pipe 2,765 LF 5 1/4" Pumper Hydrant, M.J.3 EA Muller 3/4" Yard Hydrant 18 EA 6" Gate Valve, M.J.6 EA STORM SEWER 12" HDPE Storm Sewer 4,550 LF 15" HDPE Storm Sewer 5,650 LF 18" HDPE Storm Sewer 6,120 LF 18" RCP Storm Sewer 1,000 LF 21" RCP Storm Sewer 215 LF 24" RCP Storm Sewer 560 LF 48" RCP Storm Sewer 380 LF 18" RCP Flared End Section 8 EA 21" RCP Flared End Section 2 EA 24" RCP Flared End Section 4 EA 48" RCP Flared End Section 6 EA 21" X 45 deg. Bend 1 EA 24" X 60 deg. Bend 1 EA 2' X 2' Inlets 77 EA Trench Backfill 2,500 CY SECURITY FENCING Fence (6' Chain Link, Posts @ 10' CL)7,215 LF 2 X 16' Swinging Gates w/ Locking Mech.1 EA 2 X 17' Swinging Gates w/ Locking Mech.3 EA Grand Island Council Session - 11/14/2017 Page 70 / 479 Farm Progress Redevelopment Plan (Husker Harvest Days) Area Page 12 25 currently purchased, 7 needs to be purchased, 32 installed 25 currently purchased, 7 needs to be purchased, 32 installed 5 extra for future needs 2 X 18' Swinging Gates w/ Locking Mech.1 EA 2 X 30' Swinging Gates W/ Wheel & Locking Mech.1 EA 1 X 10' Swinging Gates w/ Locking Mech.2 EA 2 X 16' Sliding Gates w/ Locking Mech.1 EA 2 X 17' Sliding Gates w/ Locking Mech.1 EA Stop Bar 9 EA ELECTRICAL 15KV Medium Voltage Switch 1 EA 15KV Medium Voltage Distribution Cable 7,180 LF 4" Conduit for 15KV Cable 7,180 LF 600V USE Direct Bury Cable 25,944 LF Transformer Vaults 32 EA 600V Transformers 32 EA 600V Disconnects 30 EA 600V Distribution Panels 17 EA 600V Power Pedestals 116 EA Grand Island Council Session - 11/14/2017 Page 71 / 479 Draft Final Report The Economic Impact of Husker Harvest Days on Hall County, Nebraska 2013 Estimates Prepared for the Penton Farm Progress Group Prepared by Dr. Eric Thompson, Director and Associate Professor of Economics Shannon McClure, Graduate Research Assistant May 31, 2014 Bureau of Business Research Department of Economics College of Business Administration University of Nebraska—Lincoln Dr. Eric Thompson, Director A Bureau of Business Research Report From the University of Nebraska—Lincoln Grand Island Council Session - 11/14/2017 Page 72 / 479 The Economic Impact of Husker Harvest Days on Hall County, Nebraska 2013 Estimates Executive Summary Husker Harvest Days is an annual agricultural exposition held in Grand Island, Nebraska. In 2013, the three-day event included 615 exhibitors with an estimated 2,600 employees, 500 event operations staff, and drew 80,000 visitor-days. In this study, conducted by the University of Nebraska-Lincoln’s Bureau of Business Research and sponsored by Penton Farm Progress Group, we estimate the economic impact of the 2013 Husker Harvest Days event on the Hall County economy. The economic impact estimated is based on the Hall County spending of visitors to and exhibitors at Husker Harvest Days as well as the spending of event organizers. Economic impact estimates also include the multiplier impact on the local economy as visitors and exhibitor spending circulates further within the Hall County Economy. Results indicate that Husker Harvest Days generated a $7.7 million economic impact on the Hall County economy during 2013. The overall impact included a $2.6 million labor income impact. Grand Island Council Session - 11/14/2017 Page 73 / 479 ii Table of Contents Introduction…………………………………………………….…1 Research Methodology and Assumptions………………….….…..1 Survey of Exhibitors………………………………….…...2 Visitor Activity……………………………………….…...2 Economic Impact……………………………………..…...2 Economic Impact of Exhibitors……………………………….…...3 Characteristics of Exhibitors………………………….…...4 Locally Purchased Exhibit Support…………………….....6 Exhibitors’ Personal Spending at Husker Harvest Days.....7 Exhibitors’ Personal Spending in Hall County…………...7 Estimated Economic Impact of Exhibitors……………......9 General Economic Benefits of Husker Harvest Day….…..9 The Economic Impact of Visitors………………………………..10 Summary………………………………………………….......….12 Grand Island Council Session - 11/14/2017 Page 74 / 479 iii Tables Table 1 Home Location of Husker Harvest Days Exhibitors: 2013…………….…4 Table 2 Exhibitor Demographic Averages……………………………………..….5 Table 3 Exhibit Related Spending in Hall County……………………………..….6 Table 4 Exhibitor Expenditures within HHD Grounds………………………..…..7 Table 5 Exhibitor Spending within Hall County……………………………..……8 Table 6 Total Economic Impact of Exhibitor Spending on Hall County…….……9 Table 7 Visitor Spending On-Site and Elsewhere Within Hall County…….…….11 Table 8 Total Economic Impact of Visitor Spending on Hall County……………12 Table 9 Total Economic Impact of Husker Harvest Days on Hall County 2013….12 Grand Island Council Session - 11/14/2017 Page 75 / 479 1 The Economic Impact of Husker Harvest Days on Hall County, Nebraska 2013 Estimates I. Introduction Events and festivals have an important role in a community’s tourism industry and in maintaining hospitality businesses. These events offer businesses and their workers an opportunity for increased profits and wages. Further, such increased earnings and profits during festivals and other peak periods may be a key to maintaining the overall profitability of hospitality businesses and careers, sustaining local opportunities on a year-round basis. This study examines the importance of festivals to the Grand Island area economy using the example of the Husker Harvest Days. Since its inception in 1978, Husker Harvest Days has grown to become one of the nation’s premier working farm shows. Located on 1,000 acres west of Grand Island, Nebraska, Husker Harvest Days attracts visitors from more than 20 states for the opportunity to see the very latest in farm technology presented by hundreds of commercial and organizational exhibitors. In 2013, Husker Harvest Days attracted an estimated 80,000 visitor-days and 615 exhibitors, making a substantial contribution to the Grand Island and Hall County economy. This study estimates the size of this impact for the Husker Harvest Das event held in 2013. Results for this year are representative of the current annual economic impact of Husker Harvest Days. The study focuses on estimating the economic impact of exhibitor and visitor spending surrounding the event. The next section, Section II, discusses the methodology used in the study. Section III examines the economic impact from exhibitor spending, as well as ancillary economic benefits for businesses which participate in Husker Harvest Days. Section IV examines the economic impact from visitor spending as well as the impact of event operations. Section V is the conclusion. II. Research Methodology and Assumptions This study examines the economic impact of Husker Harvest Days on Hall County Nebraska. We examine two main sources of economic impact. The first is the economic impact of the exhibitors that participate in the event and the impact from event operations. The second is the impact of the visitors that attend Husker Harvest Days. To support the study, we conducted a survey of exhibitors in order to obtain spending information and other relevant background information. Survey results were used to predict spending by exhibitors during the 2013 Husker Harvest Days. For visitors, Penton Farm Progress Group provided an approximate estimate of the total number of visitors to the event. Visitor expenditure estimates were then updated from the previous UNL Bureau of Business Research study of the 2007 Husker Harvest Days event. Information on event operations costs for 2013 were provided by the Penton Farm Progress Group. Grand Island Council Session - 11/14/2017 Page 76 / 479 2 A. Survey of Exhibitors Exhibitors at Husker Harvest Days have a significant economic impact on Hall County as they spend money in the area in preparation for the event. Exhibitors spend money in Hall County at lodging, restaurants and other businesses in the days and weeks leading up Husker Harvest Days, and afterwards, preparing the exhibit and meeting with clients. Some exhibitors also spend money throughout the year upgrading their exhibits. A survey of 2013 exhibitors is used to estimate such spending. Exhibitor spending data was gathered through an email survey sent to all 615 exhibitors who participated in Husker Harvest Days in 2013. Contact information for the exhibitors was provided by the Penton Farm Progress Group. The survey was brief, including just 11 questions, and asked detailed information about how far exhibitors traveled to participate in Husker Harvest Days, the number of personnel who participated in the event, and spending on exhibits and on personnel who spent time in Hall County. A total of 160 responses were received from the email survey for a 26% response rate. . B. Visitor Activity The economic impact by visitors to Husker Harvest Day results from their daily spending at Hall County restaurants, hotels, gasoline stations, retail stores and other businesses within the hospitality industry. The magnitude of this spending depends on the number of visits to the event and the average daily spending of each visitor. Event organizers were able to provide an approximate estimate of total attendance at the event. After adjusting that figure for exhibitor employees and event operation staff, UNL-BBR estimates that there were 80,000 visitor-days to Husker Harvest Days over the three day event. This visitor day estimate includes persons who visited for a single-day as well as visitors who came to the event on two or three days. This estimate of visitor-days is combined with estimates of daily visitor spending in order to estimate aggregate visitor spending in Hall County businesses due to the event. While the UNL-BBR research team was not able to survey visitors to Husker Harvest Days, given that the study was planned after the 2013 Husker Harvest Days had already taken place, the research team was able to develop an estimate. Specifically, estimates of 2013 visitor spending were updated based on the estimates from an earlier UNL-BBR’s study of the 2007 Husker Harvest Days event. Estimates of daily visitors spending per person from the 2007 study were updated to 2013 estimates based on nominal per capita income growth between 2007 and 2013. This method accounts for both inflation and the increase in real income. C. Economic Impact Spending by exhibitors and visitors to Husker Harvest Days generate a direct economic impact on the Hall County economy. There is also a direct economic impact due to the annual spending by Penton Farm Progress Group on operations for the Husker Harvest Days event. Such direct economic impacts form the largest, and most intuitive, economic impact on Hall County However, the direct economic impact is only the first component of the total Grand Island Council Session - 11/14/2017 Page 77 / 479 3 economic impact. In addition to the direct impact, there is also a multiplier effect. There are two components of the multiplier effect: Indirect effect: the indirect effect occurs as businesses that are patronized by Husker Harvest Days exhibitors or visitors make further expenditures in the local economy for business services and supplies. Induced effect: the induced effect occurs as employees of businesses patronized by exhibitors and visitors spend their additional earnings in the community. Employees spend their extra earnings on all the items in a household budget such as food, housing, retail, recreation, health care, insurance, etc. The multiplier impact is calculated utilizing the IMPLAN model. The IMPLAN model can be used to calculate economic multipliers for every county, state or combination of counties and states in the United States in over 400 industries. Economic multipliers show the additional dollars of impact and jobs for each direct dollar of output and labor income. These economic multipliers represent the additional economic activity in Hall County as operators of Husker Harvest Days, or businesses patronized by event exhibitors and visitors purchase supplies and services, or as their employees spend their paychecks. The multiplier impact is the second component of economic impact. The total economic impact is the sum of the direct economic impact and the multiplier impact. . III. Economic Impact of Exhibitors Exhibitors create a substantial economic impact on the Hall County economy through their purchases for their exhibits as well as the on-site and off-site spending of exhibitor staff. We utilized a comprehensive survey of exhibitors in order to estimate their economic impact on Hall County. Vendor data was collected through a email survey of all 615 exhibitors whose name, email address and other contact information was provided to the UNL-BBR research team by Penton Farm Progress Group. Three types of questions were included in the survey: demographics, expenditures, and exposition effectiveness. Types of demographic information gathered include: years of participation, distance traveled, lodging type, visit duration, and employee counts. Expenditure data were broken down into: exhibit-related spending, spending within exposition grounds, and spending within Hall County. Those three categories were broken down further into appropriate expenditure sub-categories. The survey also collected data on the number of vendors that found new suppliers/products at Husker Harvest Days, and the likelihood that they will use these suppliers in the future. Grand Island Council Session - 11/14/2017 Page 78 / 479 4 A. Characteristics of Exhibitors Exhibitors present their goods, services, and practices in a variety of outdoor and indoor venues, placed on individual or multiple lots within the Husker Harvest Day grounds. Occupied lots are sometimes open but also are tented and in some cases are structurally permanent locations. Husker Harvest Days 2013 attracted 600 exhibitors from the United States, as well as 15 exhibitors from other countries, primarily from Canada. Two-fifths (41%) of all exhibitors’ headquarters were located within the state of Nebraska, and over a quarter (27%) were from states bordering Nebraska, many from Iowa and Kansas. International exhibitors made up about 2% of the total participants. Home Location Exhibits Nebraska 252 Grand Island 34 Lincoln 22 Omaha 24 Other 172 Iowa 53 Kansas 53 Minnesota 29 Illinois 33 Missouri 17 South Dakota 27 Colorado 14 North Dakota 16 Wisconsin 16 Ohio 10 California 18 Other States 62 US Total 600 Other Countries 15 Total Exhibitors 615 Home Location of Husker Harvest Days Exhibitors: 2013 Table 1 Source: Husker Harvest Days Exhibitor List As was noted above, completed surveys were received from 160 of these Husker Harvest Day exhibitors. Responses were used to estimate the characteristics of exhibitors in general. These characteristics are described below. Grand Island Council Session - 11/14/2017 Page 79 / 479 5 To begin with, responses revealed that many exhibitors return to Husker Harvest Days annually. For the average exhibitor responding to this survey, the 2013 event marked their 13th year of participation. Approximately 10% of the 2013 exhibitors were there for the first time, while another 9% had participated in the event for 30 years or more. While about one-quarter of responding exhibitors came from the immediate vicinity of Grand Island (26% traveling fewer than 100 miles), 1 in 5 (20%) traveled 500 miles or more. The average exhibitor traveled 306 miles to participate in Husker Harvest Days. Most exhibitors send a team of employees to Husker Harvest Days. In this survey, the average exhibitor employed 7.9 representatives at the event. For all exhibitors, this translates into more than 4,844 exhibitor employees. In this survey, 57% of those responding indicated that their staff had spent time in commercial lodging in Hall County. Thus, it can be expected that as many as 2,772 exhibitor representatives spent at least one night in Hall County. Another 29% found lodging in commercial establishments outside of Hall County, in nearby counties. The remaining 14% primarily commuted from home though some obtained a short-term lease for lodging, stayed in a corporate recreational vehicle or stayed with friends in the area. In addition, 42% of responding exhibitors indicated that they had brought at least one (and as many as 100) non-employee guests to Grand Island for the event. Averaging 5.8 guests for each exhibitor (including exhibitors who brought guests and those which did not), the survey data indicate that guests represent as many as 3,598 additional visitors to Hall County. Applying the same percentage of overnight stays identified for employees, as many as 2,059 of these visitors can be expected to spend at least one night in the area. The great majority of exhibitors (85%) remain in the Hall County area for the full length of Husker Harvest Days. Responding exhibitors indicated that their average time in the area was 5 days (with a high of 60 days), requiring an average of 4 nights of lodging. Applying this average to the total population of exhibitor employees provides an estimate of approximately 14,000 exhibitor nights being spent in Hall County as a result of Husker Harvest Days. Table 2 Exhibitor Demographic Averages Average per Reporting Exhibitor Estimated Total Years Attended 13 Not Applicable Distance Traveled 306 miles Not Applicable Employee Attendance 7.9 4,844 Guest Accompaniment 5.8 3,598 Duration of Visit 4 nights Not Applicable Source: BBR Exhibitor Survey. Grand Island Council Session - 11/14/2017 Page 80 / 479 6 B. Locally Purchased Exhibit Support Many exhibitors seek support services for their exhibit in the Hall County area. Among responding exhibitors, 11% indicated that they had purchased Internet services from local providers specifically for the event. The average exhibitor expenditure on local internet services, including the 11% who purchased internet services and the 89% who did not, was $39. As seen in Table 3, total exhibitor expenditure on local internet services during 2013 Husker Harvest Days is estimated to be $24,000 Among responding exhibitors, 37% reported having rented equipment for their exhibit from local area vendors. With a reported high of $10,000, these expenditures for rental equipment averaged $388. Total exhibitor spending on equipment rental from local vendors was $238,000, including the 37% of exhibitors who rented equipment and the 63% who did not. Among responding exhibitors, 41% indicated that they obtained aesthetic additions to their exhibit locally. In addition, 50% of exhibitors reported purchasing other locally supplied materials and services related to their exhibit. In Table 3, this spending on aesthetic and other materials for exhibits are combined with the annual cost of event administration, in other words, the year around cost for administrative support for maintenance of the venue, planning and marketing of Husker Harvest Days. The combined estimated spending for aesthetic materials and other materials for exhibits, and the administration of Husker Harvest Days was estimated at $906,000 in 2013. Note that average per exhibitor spending is not reported for this category in order to avoid releasing the costs for event administration. For 2013, the total direct impact expenditures for locally acquired services and materials specifically related to their exhibits, and for event administration, was estimated to be $1,168,000. Source: BBR Exhibitor Survey 1 Average per purchase not reported in order to avoid releasing the amount spent on event administration Table 3 Exhibit Related Spending in Hall County Average Per Exhibitor Estimated Total Internet Access $39 $24,000 Rental Equipment $388 $238,000 Aesthetics, Other Material and Event Administration N/A1 $906,000 Grand Island Council Session - 11/14/2017 Page 81 / 479 7 C. Exhibitors’ Personal Spending at Husker Harvest Days While in the Hall County area, exhibitors at Husker Harvest Days also contribute to the local economy through personal expenditures. Many of those expenditures occur within the confines of the event. Local food vendors (both commercial and non-profit) operated on site during 2013. Exhibitors indicated that they and their staff spent an average of $279 for food purchased on the event grounds. Total exhibitor expenditures for food purchased on the event grounds are estimated to have been approximately $172,000, as seen in Table 4. Exhibitors sometimes behave as visitors to the event, purchasing gifts and crafts found on the site. Responding exhibitors indicated that they and their staff purchased such items 15% of the time. Those exhibitors indicated spending as much as $500. Exhibitors indicated that they and their staff spent an average of $20 on gift and craft items during the event. This average is based on the 15% which made purchases and the 85% who did not. Based on survey results, total exhibitor expenditures for gift and craft items purchased on the event grounds are estimated to have been approximately $12,000. Exhibitors also behave as visitors to the event by purchasing equipment from participating vendors. Responding exhibitors indicated that they and their staff made such equipment purchases 14% of the time, spending as little as $50 and as much as to $2,500. The average spending among all exhibitors was $72 and total spending across all visitors was $45,000. For 2013, the total direct impact of personal expenditures for food, gifts, crafts and equipment purchased on the grounds of Husker Harvest Days was $229,000. On average each exhibit at Husker Harvest Days can be expected to generate on site personal spending by their staff of $372. Table 4 Exhibitor Expenditures Within HHD Grounds Average Per Exhibitor Estimated Total Restaurant $279 $172,000 Souvenirs/Gifts/Crafts $20 $12,000 Equipment / Services $72 $45,000 Source: BBR Exhibitor Survey. D. Exhibitors’ Personal Spending in Hall County While exhibitor personnel spend much of each day on the grounds of Husker Harvest Days, they also spend time and money elsewhere within Hall County. The bulk of their spending is for lodging and food. Among exhibitors responding to the 2013 survey 57% indicated that they and their personnel acquired at least some portion of their commercial lodging within Hall County (others either had no lodging expenditures or lodged outside Grand Island Council Session - 11/14/2017 Page 82 / 479 8 of Hall County). The average exhibitor spending on lodging within Hall County was $859. This average reflects the exhibitors who purchased lodging in Hall County as well as those who purchased lodging in other counties or who did not purchase lodging. From responses to the survey, the estimated total expenditure of exhibitors on lodging in Hall County was $528,000. Among respondents to the 2013 survey, 88% of exhibitors reported spending money at Hall County restaurants. The average spending among exhibitors was $599 and the estimated total expenditure across all exhibitors was $368,000. Spending on other food at grocery stores or otherwise away from restaurants averaged $118 per exhibitor for a total of $73,000. Fuel constitutes another large expenditure item for exhibitors at Husker Harvest Days. Among survey respondents, 87% reported having purchased fuel while in Hall County. The average spending on fuel among exhibitors was $221 and the estimated total expenditure across all exhibitors was $136,000. Just 29% of survey respondents reported expenditures for clothing or other retail goods by themselves or their employees while in Hall County. The average expenditure per exhibitor was $62 and the total expenditure on clothing and other retail goods in 2013 was $38,000. Table 5 Exhibitor Spending Within Hall County Average Per Exhibitor Estimated Total Lodging $859 $528,000 Restaurant $599 $368,000 Other Food/Drink $118 $73,000 Fuel $221 $136,000 Clothing and Retail $62 $38,000 Rentals $93 $57,000 Recreation $27 $17,000 Source: BBR Exhibitor Survey. Exhibitor personnel also rent equipment (such as automobiles) not directly related to the creation or maintenance of their exhibit. Such expenditures were reported by 9% of survey respondents. The average expenditure per exhibitor $93 was and the total expenditure in 2013 was $57,000. Expenditures for recreational activities within Hall County were reported by 15% of survey respondents. The average expenditure per exhibitor $27 was and the total expenditure in 2013 was $17,000. For 2013, the total direct impact of personal expenditures for lodging, food, fuel, rental and retail goods and recreational activities acquired in Hall County was approximately $1,217,000. Grand Island Council Session - 11/14/2017 Page 83 / 479 9 E. Estimated Economic Impact of Exhibitors For 2013, exhibitor expenditures for all locally acquired services and material related to their exhibits and personnel spending, plus the cost for event administration, was approximately $2,619,000. The average exhibitor at Husker Harvest Days can be expected to generate approximately $4,259 in total local economic activity. Most of this exhibitor spending represents a direct impact on the local economy. The exception is retail purchases. Each retail purchase is partly a purchase of the retail item, and partly the “markup,” the payment to the store for providing the item for sale locally. The mark-up portion of the spending clearly supports local jobs and spending, while the rest of the price flows to the manufacturer, who is likely located in another state or even another nation. Therefore, for retail purchases only the “markup” portion of spending counts towards direct economic impact. After making this adjustment, the direct economic impact of exhibitor spending in 2013 is estimated as $2,058,000. In addition to the direct impact, there is a multiplier impact, as described above. The total economic impact is the sum of the direct economic impact and the multiplier impact. Table 6 reports the total economic impact of exhibitor spending at Husker Harvest Days. The total economic impact is in terms of business receipts, which is akin to business sales. This is the broadest measure of the increase in economic activity in Hall County due to exhibitor spending. Business sales are ultimately what support employment, wages, and salaries within the County. Labor income is therefore a component of business receipts. We also report the labor income component of business receipts in Table 6. Labor income includes wages, salaries, and benefits earned by employees, as well as the income of proprietors. As noted earlier in the report, these earnings opportunities for business owners and workers are one of the chief benefits of holding local events and festivals. The total economic impact on Hall County from exhibitor spending was estimated as $3,228,000 in 2013, including $1,065,000 in labor income. Table 6 Total Economic Impact of Exhibitor Spending on Hall County Business Receipts Labor Income Direct Impact $2,058,000 Total Impact $3,228,000 Labor Portion $1,065,000 Source: IMPLAN and BBR calculations. F. General Economic Benefits of Husker Harvest Days Husker Harvest Days is an important marketing opportunity for participants, many of whom represent Nebraska businesses. This was revealed in our survey of Husker Harvest Days exhibitors. Exhibitors at Husker Harvest Days locate new suppliers of products and Grand Island Council Session - 11/14/2017 Page 84 / 479 10 services each year. Among survey respondents, 25% indicated having identified new or potential new suppliers while at the event. Of these new suppliers identified, 41% are being used, 6% are not currently being used but definitely will be used, and 26% are not currently being used but probably will be used. The remaining 26% are not currently being used and only possibly will be used. Such commercial interactions between exhibitors and the community indicate that the total direct economic impact of Husker Harvest Days can be expected to grow in both dollars and organizational scope. While it may not be their primary purpose, events and festivals have also been demonstrated to be important sources of information for potential new businesses and residents. Events and festivals can provide an introduction to local cultures and economies. New residents and businesses often report such an experience to have been important in their decision to relocate. IV. The Economic Impact of Visitors Husker Harvest Days attracts tens of thousands of visitors each year from Nebraska and many other states. The UNL-BBR research team estimates that there were approximately 80,000 visitor-days at the 2013 Husker Harvest Days. This was estimated based on an approximate figure for total attendance provided by Penton Farm Progress Group, after adjusting for daily visitors by exhibitors and their staff as well as paid and volunteer operations staff for the Husker Harvest Days event. This estimate of the number of visitor-days to Husker Harvest Days needs to be combined with estimates of average daily visitor spending. . While the UNL-BBR research team was not able to survey visitors to Husker Harvest Days, given that the study was planned after the 2013 Husker Harvest Days had already taken place, the research team was able to develop an estimate. Specifically, estimates of 2013 visitor spending were updated based on the estimates from UNL-BBR’s earlier study of the 2007 Husker Harvest Days event. The earlier study found average daily expenditures of $49.67 for visitors to the exhibition on food, fuel, retail, entertainment, and others items either at the exhibition or nearby. Those estimates for 2007 spending were updated based on growth in nominal per capita income in Nebraska between 2007 and 2013. This measure would account for increases in spending power due to inflation and real income growth. Nominal per capita income in Nebraska grew by 19.7% between 2007 and 2013 according the Bureau of Economic Analysis of the United States Department of Commerce. That yields an estimate of daily expenditure per visitor of $59.48 for the 2013 Husker Harvest Days. We utilized this estimate in order to generate an estimate of spending in Hall County during the estimated 80,000 visitor-days. The spending estimate, by category, is reported in Table 7. Table 7 also includes our own estimate of visitors spending on lodging. Hotel rooms in Grand Island and Hall County are booked well in advance of Husker Harvest Days, frequently by exhibitors. In our previous study of the 2007 Husker Harvest Days Event, a Grand Island Council Session - 11/14/2017 Page 85 / 479 11 survey of 10 hotels in Hall County confirmed this, suggesting around 80% to 90% of rooms county-wide were occupied by exhibitors during Husker Harvest Days. This implies that for many visitors there may not have been lodging available in Hall County, and therefore lodging spending in Hall County would be below its potential. We conservatively estimate that visitor lodging expenditures were 10%1 of the spending of exhibitors on lodging, or approximately $48,000. Table 7 Visitor Spending On-Site and Elsewhere Within Hall County Estimated Total On-Site Restaurants $814,000 Souvenirs/Gifts Crafts $791,000 $175,000 Off-Site But Within Hall County Restaurants $852,000 Other Food/Drinks $297,000 Fuel $967,000 Clothing $103,000 Other Retail $267,000 Entertainment/Recreation $66,000 Lodging Other $48,000 $425,000 Source: 2013 attendance and updates of per visitor spending, using per capita income growth, from the study The Economic Impact of Husker Harvest Days on Hall County, Nebraska: The 2007 Estimates Table 8 reports the total economic impact of visitor spending at Husker Harvest Days. The direct impact is adjusted to include the marginal portion of retail activity. The total economic impact is again presented in terms of business receipts. We also report the labor income component of business receipts. The total economic impact of visitor spending on the Hall County economy was $4,478,000 in business receipts. The labor income impact was $1,541,000. 1 Recall that many exhibitors stayed for more than 3 evenings. Grand Island Council Session - 11/14/2017 Page 86 / 479 12 Table 8 Total Economic Impact of Visitor Spending on Hall County Business Receipts Labor Income Direct Impact $2,915,000 Total Impact $4,478,000 Labor Portion $1,541,000 Source: IMPLAN and BBR calculations. V. Summary Husker Harvest Days, in conjunction with other major visitor events held in Hall County over the year, make a substantial contribution to the area’s tourism economy. The events provide a large boost to the tourism sector through the expenditures of event visitors and participants. This study provides an estimate of the economic impact of the Husker Harvest Days event in 2013. More generally however, it shows the substantial impact that each major tourism event in Grand Island can have on the economy by giving tourism businesses and their employees opportunities to have additional periods of peak sales and business activity. Table 9 presents the estimated total economic impact of the Husker Harvest Days on the Hall County economy during 2013. This total includes the impact of exhibitor and visitor spending, as well as event operating costs. The total economic impact was a $7.7 million increase in business receipts in Hall County (excluding equipment sales at the event) as a result of exhibitor and visitors spending during Husker Harvest Days. Roughly one-third of those business receipts, or $2.6 million, went to cover labor income, which is composed of worker wages and benefits and proprietor income. Table 9 Total Economic Impact of Husker Harvest Days on Hall County 2013 Business Receipts Labor Income Direct Impact $4,973,000 Total Impact $7,706,000 Labor Portion $2.606,000 Source: IMPLAN and BBR calculations Grand Island Council Session - 11/14/2017 Page 87 / 479 Grand Island Council Session - 11/14/2017 Page 88 / 479 Grand Island Council Session - 11/14/2017 Page 89 / 479 Grand Island Council Session - 11/14/2017 Page 90 / 479 Grand Island Council Session - 11/14/2017 Page 91 / 479 Grand Island Council Session - 11/14/2017 Page 92 / 479 Grand Island Council Session - 11/14/2017 Page 93 / 479 Grand Island Council Session - 11/14/2017 Page 94 / 479 1 CITY OF GRAND ISLAND, NEBRASKA AND COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA INTER-LOCAL COOPERATION AGREEMENT FOR HUSKER HARVEST DAYS REDEVELOPMENT PROJECT Pursuant to Neb. Rev. Stat., Chap. 13, Art. 8, this Inter-Local Cooperation Agreement is entered into by and between the City of Grand Island, Nebraska (“City”) and the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”), political subdivisions of the State of Nebraska, this ___ day of November, 2017. Whereas, Authority and City are parties to a Redevelopment Agreement with Farm Progress, Inc. (“Farm Progress”), for redevelopment of the Husker Harvest Days show site (the “show site”), a redevelopment project located at the site of a former military base and approved by City and Authority (the “Redevelopment Project”); and Whereas, pursuant to the terms of a redevelopment agreement, Authority will provide to Farm Progress not more than $2,000,000.00 for funding Authority’s pro-rata share of infrastructure improvements at the show site under terms as set forth in the Redevelopment Agreement; and Whereas, in order to meet the financial commitments set forth in the Redevelopment Agreement, Authority may incur indebtedness in the form of issuance of bonds, issuance of a promissory note or notes, or participation in other debt instruments and obligations; and Whereas, City desires to provide financial assistance to Authority to enable Authority to fulfill Authority’s financial commitments to the Redevelopment Project as set forth in a Redevelopment Agreement. Now, therefore, City and Authority agree as follows: 1.DURATION. This Interlocal Agreement shall be contingent upon approval of a Redevelopment Agreement by and among City, Authority and Farm Progress, shall commence upon the effective date of such Redevelopment Agreement, and shall continue thereafter for a period of twenty (20) years unless sooner terminated by mutual agreement of City and Authority. Grand Island Council Session - 11/14/2017 Page 95 / 479 2 2.SEPARATE LEGAL OR ADMINISTRATIVE ENTITY; DELEGATION. There shall be no separate legal or administrative entity created by this Inter-Local Cooperation Agreement. 3.PURPOSE. The purpose of this Agreement is to provide financial assistance of the City to enable Authority to undertake the Redevelopment Project. 4.MANNER OF FINANCING AND MAINTAINING A BUDGET. a.City shall provide to Authority City funds not to exceed $2,000,000.00 to enable Authority to pay a two-sevenths (2/7) pro-rata share of infrastructure development cost for the Redevelopment Project as approved by Authority. Said funds shall be provided in 20 annual payments of $100,000.00 commencing November 1, 2018 and each November 1 thereafter or such other amounts and upon such payment schedule as mutually agreed by City and Authority. Additionally, in the event Authority is required to incur debt to fund all or a part of its pro-rata share of Redevelopment Project costs and expenses (the “project debt”), City shall reimburse the Authority in such annual amounts as required to service the interest expense incurred by Authority with respect to project debt. b.Notwithstanding anything herein to the contrary, if Authority receives, recovers or otherwise obtains reimbursement of all or a part of its pro-rata share of Redevelopment Project costs and expense from Farm Progress or any other party, Authority shall transfer, assign, and pay over such amounts to City to the extent such amounts, if any, exceed Authority’s outstanding project debt. This provision of this section 4.b. shall survive termination of this agreement. c.City and Authority shall budget such amounts annually as necessary to fund this Interlocal Agreement. 5.ADMINSTRATOR. The Grand Island City Administrator and the Director of the Community Redevelopment Authority of the City of Grand Island shall serve as co- administrators for this cooperative undertaking. 6.MANNER OF DISPOSING OF PROPERTY. No real or personal property shall be jointly acquired by the parties as a result of this Interlocal Cooperation Agreement. Grand Island Council Session - 11/14/2017 Page 96 / 479 3 CITY OF GRAND ISLAND, NEBRASKA Dated By: Jeremy L. Jensen, Mayor Attest: RaNae Edwards, City Clerk COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA Dated By: Tom Gdowski, Its Chair Attest: Authority Secretary Grand Island Council Session - 11/14/2017 Page 97 / 479 Farm Progress Companies Farm Progress Companies REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the _______ day of ___________, 2017, by and between the City of Grand Island, Nebraska, (the “City”) the Community Redevelopment Authority of the City of Grand Island, Nebraska ("Authority"), and Farm Progress Companies, Inc., a _______________corporation ("Redeveloper"). WITNESSETH: WHEREAS, the City of Grand Island, Nebraska , in furtherance of the purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended (collectively the "Act"), has designated an area, described on attached Exhibit “1”, outside of the City, but within Hall County, Nebraska, and being a formerly used defense site, as blighted and substandard; WHEREAS, the area described on Exhibit “1” (the “Redevelopment Project Area”) lies within Hall County Sanitary Improvement District Number 3 (SID #3), which district was created and approved by the Hall County, Nebraska District Court on July 19, 2017; WHEREAS, the Redevelopment Project Area, was formerly owned by, leased to or otherwise possessed by the United States under the jurisdiction of the United States Secretary of Defense and was part of the Cornhusker Army Ammunition Plant; WHEREAS, the City adopted ordinance #9645, a copy of which is attached hereto as Exhibit “2”, on August 22, 2017, expressing the intent of the City to annex the Redevelopment Project Area when the same shall become eligible for annexation; WHEREAS, the Authority has adopted, after approval by the Mayor and Council of the City, that redevelopment plan entitled “Husker Harvest Days Redevelopment Project July 2017” (the "Redevelopment Plan") a copy of which is attached hereto as Exhibit ”3”; WHEREAS, the Redevelopment Plan calls for the Authority to support Redeveloper’s and redevelopment efforts on real estate owned by the Redeveloper which is legally described on Exhibit “1” also known as the Redevelopment Project Area; WHEREAS, the Redevelopment Project Area incorporates all of the Redeveloper Property as shown on Exhibit “1” attached hereto and incorporated herein by this reference (“Project Site”); Grand Island Council Session - 11/14/2017 Page 98 / 479 Farm Progress Companies WHEREAS, Section 18-2123.01(1) of the Act authorizes a city to undertake a redevelopment project that involves a formerly used defense site and the City desires that the Authority be the entity, under the Act, to act on behalf of the City in undertaking certain obligations under the Redevelopment Plan and assist the Redeveloper by partially financing the costs of redevelopment project improvements to the Redevelopment Project Area (Redevelopment Project Costs); WHEREAS, Section 18-2107(4) of the Act authorizes the Authority to make grants and enter into contracts with redevelopers of property containing covenants and conditions regarding the use of such property as the Authority may deem necessary to prevent the recurrence of substandard and blighted areas; WHEREAS, Redeveloper is willing to enter into this Contract and invest approximately Two Million Dollars ($ 7,000,000) on the Project Site redevelopment which includes site excavation and paving of private public use roadways, utility extensions of water lines and hydrants, electrical line installation and equipment and storm sewer installation, and perimeter fencing, as generally shown on the Site Plan attached hereto as Exhibit “4”; WHEREAS, in order to help remove blight and substandard conditions and improve conditions in an economically underutilized area, the Authority is willing to enter into this Contract and to make a loan and grant to fund a portion of the Project Costs in order to induce the Redeveloper to undertake the Private Improvements (“Private Improvements”) described below; WHEREAS, the Private Improvements on the Project Site comprise the Redevelopment Project and are known as the “Redevelopment Project Improvements”. The costs of the Redevelopment Project Improvements are known as the “Redevelopment Project Costs” and are shown on the Sources and Uses of Funds in Exhibit “5”, which is attached hereto and incorporated herein by this reference. The City, Authority and Redeveloper agree that assistance with the Redevelopment Project Costs is deemed essential and the Redevelopment Project would not be economically feasible without it; WHEREAS, the City and Authority are willing to support the above described redevelopment of the Project Site in accordance with the Redevelopment Plan; provided that, Redeveloper is willing to agree to covenants and conditions regarding compulsory maintenance and upkeep of the Private Improvements to prevent a recurrence of substandard and blighted conditions; WHEREAS, City, Authority and Redeveloper desire to enter into this Redevelopment Contract in order to implement the Redevelopment Plan and provide for the redevelopment of the Project Site; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, City, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: Grand Island Council Session - 11/14/2017 Page 99 / 479 Farm Progress Companies 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, 2012, 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. "Indebtedness" means the promissory note, a copy of which is attached hereto as Exhibit “6” providing for an annual advance and loan of money, not to exceed an aggregate principal amount of the lesser of two sevenths (2/7) of the Redevelopment Project Costs or Two Million Dollars ($2,000,000) (the “Redevelopment Advance”). The Indebtedness provides that the Authority shall advance one tenth of the Redevelopment Advance annually for ten years to the Redeveloper conditioned on the Redeveloper providing a cost certification, in the form of attached Exhibit “6” showing payment of Redevelopment Project Costs. “Redevelopment Advance” means that total grant and loan of the Redevelopment Costs to Redeveloper not to exceed the lesser of two sevenths (2/7) of the Redevelopment Project Costs or Two Million Dollars ($2,000,000). "Redevelopment Project" means the improvements to the Redevelopment Project Area, as further described in Exhibit “3” attached hereto and incorporated herein by reference and, as used herein, shall include the Redevelopment Project Property and additions and improvements thereto. Without limitation, those improvements include the following public and private improvements: Private public access roadway Excavation of 75,000 cubic yards Paving 71,180 square yards Crushed rock 6,750 tons Water lines, mains and hydrants Grand Island Council Session - 11/14/2017 Page 100 / 479 Farm Progress Companies Storm sewer mains and outlets Perimeter fencing and gates "Project Cost Certification" means a statement prepared and signed by the Redeveloper verifying the Redeveloper has the Project Costs identified on Exhibit “5”. "Project Costs" means only costs or expenses incurred by Redeveloper for the purposes set forth in §l8-2103(12)(a) through (f), inclusive, including the providing for such costs by the exercise of the powers set forth in §18-2107(4) of the Act, all as identified on Exhibit “5”. "Redeveloper" means Farm Progress Companies, Inc., a ___________________ corporation, and its successors and assigns. "Redevelopment Project Area" means that certain real property situated in 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 “1” attached hereto and incorporated herein by this reference. All such legal descriptions are subject to change based upon any re-platting. "Redevelopment Project Property" means all of the Redevelopment Project Area which is the site for the improvements constituting the Project, as more particularly described on Exhibit “1” attached hereto and incorporated herein by this reference. "Redevelopment Contract" means this redevelopment contract between the City, Authority and Redeveloper with respect to the Project. "Redevelopment Plan" means the Redevelopment Plan Amendment (also defined in the recitals hereto) for the Redevelopment Project Area related to the Project, as attached hereto as Exhibit “3”, prepared by the Authority, approved by the City and adopted by the Authority pursuant to the Act. "Resolution" means the Resolution of the Authority authorizing the Indebtedness, as supplemented from time to time, and also approving this Redevelopment Contract. Section 1.02 Construction and Interpretation. The provisions of this Redevelopment Contract shall be construed and interpreted in accordance with the following provisions: (a)Whenever in this Redevelopment Contract it is provided that any person may do or perform any act or thing the word “may" shall be 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. Grand Island Council Session - 11/14/2017 Page 101 / 479 Farm Progress Companies (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 FINDINGS AND REPRESENTATIONS Section 2.01 Findings of Authority and City. The Authority and the City makes the following 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 by the City and adopted by the Authority pursuant to Sections 18-2109 through 18-2117 of the Act. (c)The Authority and the City deem 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 is expected to achieve the public purposes of the Act by among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening blighted and substandard conditions in the Redevelopment Project Area and other purposes set forth in the Act. (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 Redevelopment Plan is in conformity with the legislative declarations and determinations set forth in the Act, and (2) Based on representations made by the Redeveloper and information provided to the Authority: Grand Island Council Session - 11/14/2017 Page 102 / 479 Farm Progress Companies (i)the Project would not be economically feasible without the loan and grant provided by the Authority, and (ii)the Project would not occur in the Redevelopment Project Area without the loan and grant provided by the Authority . (f) The Authority and the City have determined that 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. (g) The Authority and the City have 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 ________________ corporation, authorized to do business in the state of Nebraska and 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. Prior to the execution and delivery of this Redevelopment Contract, the Redeveloper has delivered to the Authority a certificate of good standing, a certified copy of the Redeveloper's by-laws and a certified copy of the resolution or resolutions authorizing the execution and delivery of this Redevelopment Contract and the Indebtedness (b)The execution and delivery of this Redevelopment Contract and the consummation of the transactions herein contemplated will not conflict with or constitute a breach of or default under any 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 Grand Island Council Session - 11/14/2017 Page 103 / 479 Farm Progress Companies upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (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 in any other matter materially affecting the ability to Redeveloper to perform its obligations hereunder. (d)The Project would not be economically feasible without the loan and grant provided by the Authority. (e)The Project would not occur in the Redevelopment Project Area without the loan and grant provided by the Authority. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Indebtedness The Authority shall loan to Redeveloper an aggregate amount, not to exceed the lesser of two sevenths (2/7) of the Redevelopment Project Costs or two Million Dollars ($2,000,000), the Redevelopment Advance, by making annual advances in the amount of one tenth the Redevelopment Advance for 10 years, all as set forth in attached Exhibit “6”. The Indebtedness shall be in the form and stated principal amount and bearing interest and being subject to such terms and conditions as are specified in the Resolution and this Redevelopment Contract, No Indebtedness will be issued until Redeveloper has acquired fee title to the Redevelopment Project Property and completed and paid all Redevelopment Project Costs as described in the Plan The Indebtedness shall be secured by a deed of trust in the form acceptable to the City Attorney and executed by the Redeveloper and filed with the Hall County, Nebraska, Register of Deeds. Said deed of trust shall be a first lien on the Redevelopment Project Area. The Redeveloper shall pay for and provide a title insurance policy indicating that said deed of trust is a first lien on the real property described on Exhibit “1”. Section 3.02 Performance Based Forgiveness of Indebtedness. Under the terms of the Indebtedness, this Redevelopment Contract and the Resolution, the Authority shall forgive one twentieth (1/20) of the aggregate principal amount of the Indebtedness, for each consecutive year the Redeveloper hosts and operates the Husker Harvest Days show, as described in the Redevelopment Plan. Hosting of the show shall mean operating and hosting the show with substantially the same number of vendors, the same amount of advertising, the same number of days and substantially in the same manner as the show was operated during the five year period prior to the date of this Redevelopment Contract. Grand Island Council Session - 11/14/2017 Page 104 / 479 Farm Progress Companies ARTICLE IV OBLIGATIONS OF CITY Section 4.01 Contribution of Funds to Authority. City intends to transfer to the Authority the sum of one tenth of the Redevelopment Advance each year for a period of ten (10) years beginning in 2018 for purposes of providing the Authority with funds to loan to the Redeveloper pursuant to the Indebtedness. Section 4.02 Appointment of Authority to Undertake Redevelopment Project. City hereby appoints and designates the Authority to implement the Redevelopment Plan and Redevelopment Project pursuant to Section 18-2123.01 of the Act. ARTICLE V OBLIGATIONS OF REDEVELOPER Section 5.01 Construction of Project; Redeveloper shall: (a)Operate the Husker Harvest Days show, as described in the Redevelopment Plan. Hosting of the show shall mean operating and hosting the show with substantially the same number of vendors, the same amount of advertising, the same number of days and substantially in the same manner as the show was operated during the five year period prior to the date of this Redevelopment Contract. (b)Pave the private streets in accordance with plans and specifications provided to the Authority. Redeveloper shall design, construct and install a water main and hydrants, storm sewer and outlets, conduits, transformers and outlets for electrical lines, and perimeter fences and gates in accordance with plans and specifications provided to the Authority. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by Redeveloper to the City and Authority. Inspections of improvements under construction shall be performed under the supervision of a professional registered engineer and upon completion shall be subject to inspection and approval by the Department of Public Works of the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a registered professional engineer shall be filed with the Director of Public Works by Redeveloper. (c)Construct all Private Improvements in compliance with all applicable local, state, and federal building and construction laws and codes. Redeveloper agrees to secure and maintain all permits and licenses necessary for its use of the Redevelopment Project including, but not limited to, necessary building permits and inspections. (d) Redeveloper agrees to use commercially reasonable efforts to complete construction of the Private Improvements on or before ________________ as provided in Grand Island Council Session - 11/14/2017 Page 105 / 479 Farm Progress Companies this Agreement Redeveloper further agrees to pay, or cause to be paid, in a timely manner all persons, firms, or organizations that performed labor or furnished materials, equipment or supplies used in the prosecution of the Private Improvements. Such payment shall be made promptly after completion of the Private Improvements and in accordance with all the provisions of this Agreement relating to the obligations of Redeveloper to construct said improvements. (e)Provide a payment and performance bond from a bond company doing business in the state of Nebraska in the total amount of all the Private Improvements to be constructed. The City and Authority shall be named as beneficiaries under such bond. (f)Until construction of the Project has been completed, 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. Such reports shall include actual expenditures incurred as described on Exhibit “5”. (g)Require any general contractor chosen by the Redeveloper 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. The City, the Authority and the Redeveloper shall be named as additional insureds. Any contractor chosen by the Redeveloper or the Redeveloper itself, as 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 with respect to any specific contract or the Redeveloper shall also carry insurance on all stored materials. The contractor or the Redeveloper, as the case may be, shall furnish the Authority and the City 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. (h) So long as the Indebtedness or any portion thereof is outstanding, not discriminate against any person or group of persons on account of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Redevelopment Project. Redeveloper, its successors and transferees, agrees that during the construction of the Redevelopment 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, and further agrees to require that its contractor and subcontractors shall agree to conform to said requirements. Redeveloper will comply with all applicable federal, state and local laws and regulations related to the Redevelopment Project. For purposes of this paragraph, discrimination shall mean discrimination as defined by the laws of the United States and the State of Nebraska. (i)Execute and deliver to Authority the Redeveloper’s Note and Agreement, in a form approved by City and Authority, of even date hereof and a first Deed of Trust, in a form approved by City’s attorney, upon the Redevelopment Project Property securing the Redeveloper’s Note and Agreement. Section 5.02 Cost Certification & Disbursement of Indebtedness Proceeds. Grand Island Council Session - 11/14/2017 Page 106 / 479 Farm Progress Companies Proceeds of the Indebtedness may be advanced and disbursed in the manner set forth below: (a)There shall be submitted to the Authority a grant disbursement request (the “Disbursement Request”), executed by the Director of the City’s Planning Department and an authorized representative of the Redeveloper or applicable successor or assign, (i) certifying that the Project has been substantially completed and (ii) certifying the actual costs incurred and paid by the Redeveloper in the completion of such portion of the Project. (b)If the costs requested for advancement under the Disbursement Request are subject to being advanced under Section 5.02 (a) hereof the Authority shall advance such funds, up to and not in excess of the sum of $200,000 each year on or before the ____day of ________ of such year for a period of 10 years from the first such advance with the total number of advances limited to ten. Section 5.03 Assignment or Conveyance. This Redevelopment Contract shall not be assigned by the Redeveloper without the written consent of the Authority Redeveloper agrees that it shall not convey any Lot or any portion thereof or any structures thereon to any person or entity that would be exempt from payment of real estate taxes, and that it will not make application for any structure, or any portion thereof, to be taxed separately from the underlying land of any Lot. Any successor in interest or transferee of any real estate in the Redevelopment Project shall be bound by and have the same obligations hereunder as the Redeveloper. The Authority shall be entitled to require, as conditions to any required approval, that: a. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the Authority, necessary and adequate to fulfill the obligations undertaken in this Contract by Redeveloper relating to the property being transferred; and b. Any proposed transferee, by instrument satisfactory to the Authority and in form recordable in the Office of the Register of Deeds, shall for itself and its successors and assigns and for the benefit of the Authority, have expressly assumed all of the obligations of Redeveloper under this Contract with respect to the applicable Lot being transferred; and c. Copies of the documents addressing items (a) and (b) shall be submitted to the Authority for review, not less than sixty (60) days prior a regularly scheduled meeting of the Authority and not less than less than sixty (60) days prior to the proposed transfer. If the transfer or any of the documentation in connection therewith is disapproved by the Authority, its disapproval and reasons therefore shall be indicated to Redeveloper in writing. Section 5.04 Payment of Authority Costs. Redeveloper shall pay to the Authority the following sums upon execution hereof: a. Legal expenses of Authority for representation related to this Redevelopment Contract and other matters. Grand Island Council Session - 11/14/2017 Page 107 / 479 Farm Progress Companies Section 5.05. Obligation to Restore. In the event of any damage or destruction to the Private Improvements, Redeveloper agrees to use good faith efforts to commence restoration of the Private Improvements to its prior condition within six (6) months from the date of the damage or destruction, and shall pursue the same to completion. Section 5.06 Obligation to Maintain. The Redeveloper shall, at its own cost, maintain all improvements on the Redevelopment Project Area, which are installed thereon, in a presentable and attractive manner consistent with operating a world class show. It is the intent of this provision that the standard of maintenance shall be above a presentable standard. ARTICLE VI FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 6.01 Financing Creating Encumbrances Restricted. Prior to completion of the Private Improvements, neither Redeveloper, nor any successors in interest with respect to the applicable portion of the Redeveloper Property, shall engage in any financing or any other transaction creating any mortgage upon the Redeveloper Property, whether by express contract or operation of law, or suffer any encumbrance or lien to be made on or attached to any of such uncompleted phase of the Redeveloper Property, except for the deed of trust in favor of the Authority. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to any of the Redeveloper Property and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient security is posted with the Authority, to permit Redeveloper to avoid or prevent foreclosure of such encumbrance or lien. a.Whenever the Authority shall deliver any notice or demand to Redeveloper with respect to any breach or default by Redeveloper of its obligations or covenants in this Contract, the Authority shall at the same time forward a copy of such notice or demand to each holder of any mortgage at the last address of such holder as shown in the records of the Treasurer of Hall County, Nebraska. b. If thirty (30) days after any notice or demand with respect to any breach or default, such breach or default remains uncured, each such holder shall have the right, at its option, to cure or remedy such breach or default and to add the cost thereof to the mortgage debt and the lien of its mortgage. d.The rights and obligations of this Redevelopment Contract relating to mortgages of any portion of the Redeveloper Property shall apply to any other type of encumbrance on any of the Redeveloper Property, and any of the stated rights, obligations and remedies of any party relating to mortgage foreclosures shall be applicable to procedures under any deed of trust or similar method of encumbrance. Grand Island Council Session - 11/14/2017 Page 108 / 479 Farm Progress Companies ARTICLE VII DEFAULT, REMEDIES; INDEMNIFICATION Section 7.01 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, 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 or in breach of its obligations. The Redeveloper hereby acknowledges and agrees that the Authority shall have completed its required performances and satisfied all of its obligations under this Redevelopment Contract upon the issuance of the Indebtedness and the subsequent payment of grant amounts to the Redeveloper as set forth in Article III hereof. Section 7.02 Additional Remedies of Authority In the event that the Redeveloper fails to annually conduct and operate the Husker Harvest Days Show in accordance with the Redevelopment Plan and Section 5.01(a) of this Redevelopment Contract and 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 indebtedness shall be immediately due and payable together with interest at the rate of 6% per annum from each principal advance. Provided, however, the amount of principal shall be reduced by one twentieth (1/20) for each year that the Redeveloper has conducted the Husker Harvest Days show, from and after the date of this Redevelopment Contract. Section 7.03 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 any defaults 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. Grand Island Council Session - 11/14/2017 Page 109 / 479 Farm Progress Companies Section 7.04 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 or any part thereof 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 7.05 Limitations of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither the City, the Authority, nor their respective elected officials, officers, directors, appointed officials, employees, attorneys, 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 making advances under the Indebtedness. The Redeveloper releases the City and Authority from, agrees that neither the City nor 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 pertaining to the Project. The Redeveloper will indemnify and hold each of the City and Authority and their respective elected officials, directors, officers, appointed officials, attorneys, agents, employees and members of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, excluding 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 that portion of the Project owned by the Redeveloper, during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, related to activities of the Redeveloper or its agents during the construction of the public infrastructure or public right of ways in the Project. Section 7.06 Indemnification for Relocation Expenses. The Redeveloper agrees to indemnify and hold the City and the Authority harmless from any and all liability to the extent resulting from the Redeveloper’s failure to make payments of all Grand Island Council Session - 11/14/2017 Page 110 / 479 Farm Progress Companies amounts lawfully due to all persons, firms, or organizations under any city, state or federal relocation laws or regulation in connection with the Project Site. The terms of this section shall survive any termination of this Contract. ARTICLE VIII MISCELLANEOUS Section 8.01 Notice Recording. A notice memorandum of this Redevelopment Contract may be recorded in the office of the Register of Deeds of Hall County, Nebraska. Section8.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of Nebraska, including but not limited to the Act. Section 8.03 Binding Effect: Amendment, Assignment. This Redevelopment Contract shall be binding on the parties hereto and their respective successors and assigns. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. The Redeveloper may assign its rights and obligations to a controlled entity which shall be bound by all the terms hereof. Section 8.04 Effective Date and Implementation of Redevelopment Contract. This Agreement is in full force and effect from and after the date of execution hereof by both the Redeveloper and the Authority. Section 8.05 Notices to Parties. Notices to Parties shall be mailed by U. S. Mail to the following addresses: Redeveloper: Farm Progress Companies, Inc. Grand Island Council Session - 11/14/2017 Page 111 / 479 Farm Progress Companies Authority and City: Director Grand Island Community Redevelopment Authority Hall County Regional Planning Department 100 E 1st Street P.O. Box 1968 Grand Island, NE 68802 The remainder of this page is intentionally left blank. Grand Island Council Session - 11/14/2017 Page 112 / 479 Farm Progress Companies IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. CITY OF GRAND ISLAND By:_________________________ Mayor ATTEST: _______________________ City Clerk COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST:GRAND ISLAND, NEBRASKA ____________________________ By:________________________ Secretary Chairman STATE OF NEBRASKA ) ) SS COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ______ day of ___________________2017, by ________________ and ________________, Mayor and City Clerk, respectively, of the City of Grand Island, Nebraska, on behalf of the Authority. ____________________________ Notary Public STATE OF NEBRASKA ) ) SS COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ______ day of __________________2017, by ________________ and ________________, Chairman and Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. ____________________________ Notary Public Grand Island Council Session - 11/14/2017 Page 113 / 479 Farm Progress Companies Farm Progress Companies, Inc. By:______________________ President STATE OF NEBRASKA ) ) SS COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2017, by _____________________President of Farm Progress Companies, Inc., on behalf of the corporation. ________________________ Notary Public Grand Island Council Session - 11/14/2017 Page 114 / 479 Farm Progress Companies EXHIBIT “1” LEGAL DESCRIPTION OF REDEVELOPMENT AREA Grand Island Council Session - 11/14/2017 Page 115 / 479 Farm Progress Companies EXHIBIT “2” ORDINANCE #9645 Grand Island Council Session - 11/14/2017 Page 116 / 479 Farm Progress Companies EXHIBIT “3” REDEVELOPMENT PLAN Grand Island Council Session - 11/14/2017 Page 117 / 479 Farm Progress Companies EXHIBIT “4” SITE PLAN Grand Island Council Session - 11/14/2017 Page 118 / 479 Farm Progress Companies EXHIBIT “5” REDEVELOPMENT PROJECT COSTS Grand Island Council Session - 11/14/2017 Page 119 / 479 Farm Progress Companies EXHIBIT “6” PROMISSORY NOTE Grand Island Council Session - 11/14/2017 Page 120 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-9 Public Hearing on Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815 Superior Street (Grand Island Area Habitat for Humanity, Inc.) Council action will take place under Consent Agenda item G-19. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 121 / 479 Council Agenda Memo From:John Collins, Public Works Director Meeting:November 14, 2017 Subject:Public Hearing on Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815 Superior Street (Grand Island Area Habitat for Humanity, Inc.) Presenter(s):John Collins PE, Public Works Director Background In 2013 Grand Island Area Habitat for Humanity, Inc. worked with Community Development to develop property along 8th Street and Superior Street. To support the development, a detention cell was created, with the dirt used to elevate the ground and extend the sanitary sewer line to accommodate six new homes. It just so happens that this new cell is adjacent to an existing City of Grand Island detention cell. Grand Island Area Habitat for Humanity, Inc. approached the City about potentially acquiring the detention cell that is part of Kurz Subdivision and adding to the public storm water drainage system. This added capacity to an existing cell is beneficial in a city with little topographic relief; maintenance of the added property will be minimal as the City has the existing cell on a regular maintenance schedule. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing be conducted with the acquisition approved by the City Council. Discussion Grand Island Area Habitat for Humanity, Inc. is the developer of Kurz Subdivision and is willing to donate the detention cell land to the City of Grand Island. All documents have been signed by Grand Island Area Habitat for Humanity, Inc. to transfer the deed of such property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 11/14/2017 Page 122 / 479 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve the acceptance of the detention cell land by donation from the landowner. Sample Motion Move to approve the acceptance of the detention cell land. Grand Island Council Session - 11/14/2017 Page 123 / 479 Grand Island Council Session - 11/14/2017 Page 124 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-10 Public Hearing on Acquisition of Utility Easement at 2124 N Lafayette Avenue (Grand Island Public School District) Council action will take place under Consent Agenda item G-23. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 125 / 479 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 14, 2017 Subject:Public Hearing on Acquisition of Utility Easement at 2124 N Lafayette Avenue (Grand Island Public School District) Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed on the south side of the property addressed as 2124 N Lafayette Avenue to accommodate existing utility infrastructure and future development. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion To allow for existing utility infrastructure and to accommodate future development of the Grand Island Public School District property it is requested that a public utility easement be acquired by the City of Grand Island according to the attached sketch. Such easement will be on the south side of the property addressed as 2124 N Lafayette Avenue. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve the acquisition of the easement. Sample Motion Move to approve the acquisition of the easement. Grand Island Council Session - 11/14/2017 Page 126 / 479 Grand Island Council Session - 11/14/2017 Page 127 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item E-11 Public Hearing on Acquisition of Land Purchase located at the Southwest Corner of North Road and 13th Street (Meadows Apartment Homes, LLC.) Council action will take place under Resolutions item I-2. Staff Contact: Jerry Janulewicz Grand Island Council Session - 11/14/2017 Page 128 / 479 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:November 14, 2017 Subject:Ground Lease with Option to Purchase Presenter(s):Jerry Janulewicz, City Attorney Background After the rejection of all bids for construction of a new 911-Emergency Center at the Fire Station No.1/Fonner Road location, City staff searched for an alternative location for the facility and, is so doing, located land suitable in size and location for this purpose and for relocation of Fire Station No. 4, currently located on State Street at the southwest corner of the Menard’s store and yard. The land under consideration is owned by the Meadows Apartment Homes, LLC, and is located at the northwest corner of the intersection of 13th Street and North Road. The land is currently available for lease with an option to purchase but the owner is unwilling to sell the land until June 2018 as it was acquired in an IRS Sec. 1031 exchange and must be held by the owner for 12 months in order to preserve favorable tax treatment. Discussion The Ground Lease with Option to Purchase Agreement (the “Agreement”) for council consideration would, if approved, authorize the city to lease 3.746 acres more or less, of which 0.598 acres are county road right-of-way, for rent of $1.00 for the lease term ending June 30, 2018. The Agreement provides City with an option to purchase this tract for $103,015.00, or $27,500 per acre, by giving notice of exercise of the option to purchase prior to the expiration of the lease term. If purchased, the city and the seller will cooperate in platting this tract into two parcels, one for a new 911-Emergency Center and the other for relocation of Fire Station No. 4. In addition to the 3.746 acre tract, the Agreement further provides city with an option to purchase an additional tract of 4.963 acres more or less, of which 0.328 acres are road right-of-way, for a purchase price of $136,482.50 or $27,500 per acre. This option is conditioned upon the City having exercised its option to purchase the 3.746 acre tract, and must be exercised within Five (5) years following the date of the commencement of the term of the Lease. Grand Island Council Session - 11/14/2017 Page 129 / 479 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Resolution and the Ground Lease with Option to Purchase and authorize the Mayor to give notice of the exercise of the option to purchase 3.746 acres when the property is available for purchase. Sample Motion Move to approve the Resolution and Ground Lease with Option to Purchase. Grand Island Council Session - 11/14/2017 Page 130 / 479 1 GROUND LEASE WITH OPTION TO PURCHASE THIS GROUND LEASE WITH OPTION TO PURCHASE (“Lease”), made as of the day of November ___, 2017, between The Meadows Apartment Homes, L.L.C., a Nebraska limited liability company (hereinafter called “Landlord”), and the City of Grand Island, a body politic and corporate and a political subdivision of the State of Nebraska (hereinafter called (“Tenant”). WITNESSETH: Article I.The Demise Section 1.01 The Demise. Landlord hereby demises and leases to Tenant the real property located in the City of City of Grand Island, County of Hall, Nebraska, known and described as follows: A TRACT OF LAND COMPRISING A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER (N1/2 NE1/4) OF SECTION FOURTEEN (14), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER (N1/2 NE1/4); THENCE ON AN ASSUMED BEARING OF S01°24'11"E, SOUTH ALONG THE EAST LINE OF SAID N1/2 NE1/4, A DISTANCE OF 492.04 FEET, TO THE NORTHEAST CORNER OF LOT 2, HANOVER SECOND SUBDIVISION; THENCE S88°36'51"W, WEST ALONG THE NORTH LINE OF HANOVER SECOND SUBDIVISION, A DISTANCE OF 330.07 FEET, TO THE NORTHWEST CORNER OF LOT 2, HANOVER SECOND SUBDIVISION; THENCE N01°23'27"W A DISTANCE OF 496.86 FEET TO A POINT ON THE NORTH LINE OF SAID N1/2 NE1/4; THENCE N89°27'02"E, EAST ALONG THE NORTH LINE OF SAID N1/2 NE1/4, A DISTANCE OF 330.00 FEET, TO THE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 163,176.08 SQUARE FEET OR 3.746 ACRES MORE OR LESS OF WHICH 0.598 ACRES ARE COUNTY ROAD RIGHT-OF- WAY. (hereinafter called the “Land”), subject to the matters and things set forth herein. Section 1.02 Subdivision. To facilitate effectuation of Tenant’s options of purchase as hereinafter set forth, Tenant shall cause a Subdivision Plat to be prepared and submitted for Grand Island Council Session - 11/14/2017 Page 131 / 479 2 approval, at Tenant’s sole cost and expense in respect to the following described parcel of real estate: A tract of land comprising a part of the North Half of the Northeast Quarter (N1/2NE1/4) of Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of said North Half of the Northeast Quarter (N1/2NE1/4); thence running southerly along the east line of said North Half of the Northeast Quarter (N1/2NE1/4), on an Assumed Bearing of S 00° 00' 00" E, a distance of Four Hundred Ninety Two (492.00) feet, to the northeast corner of Hanover Subdivision; thence running S 90° 00' 00" W, along the north line of Hanover Subdivision, a distance of Three Hundred Thirty (330.00) feet, to the northwest corner of Hanover Subdivision; thence running S 00° 00' 00" E, along the west line of Hanover Subdivision, a distance of Three Hundred Ninety Six (396.00) feet, to the southwest corner of Hanover Subdivision; thence running S 90° 00' 00" E, along the south line of Hanover Subdivision, a distance of Three Hundred Thirty (330.00) feet, to the southeast corner of Hanover Subdivision, and to a point on the east line of said North Half of the Northeast Quarter (N1/2NE1/4); thence running S 00° 00' 00" W, along the east line of said North Half of the Northeast Quarter (N1/2NE1/4), a distance of Four Hundred Twenty Five and Twenty Hundredths (425.20) feet, to the southeast corner of said North Half of the Northeast Quarter (N1/2NE1/4); thence running N 89° 22' 25" W, along the south line of said North Half of the Northeast Quarter (N1/2NE1/4), a distance of Seven Hundred Sixty Two and Forty Four Hundredths (762.44) feet; thence running N 00° 00' 00" E, a distance of One Thousand Three Hundred Sixteen and Eighteen Hundredths (1316.18) feet, to a point on the north line of said North Half of the Northeast Quarter (N1/2NE1/4); thence running S 89° 08' 58" E, along the north line of said North Half of the Northeast Quarter (N1/2NE1/4), a distance of Seven Hundred Sixty Two and Forty Eight Hundredths (762.48) feet to the point of beginning; for the purpose of creating four (4) lots with access to existing public streets that shall consist of the Land, platted as two (2) lots, Tract “A” as identified in Section 25.02, and the balance of the real estate as a separate parcel remaining for such use as Landlord may hereafter determine. Although such subdivision shall be subject to prior approval, Landlord agrees to execute such Plat and Subdivision Agreement as required and otherwise cooperate with Tenant in whatever way may be reasonably necessary to obtain subdivision approval. TO HAVE AND TO HOLD the property above described for a term, commencing on the ___ day of ___________, 2017, and ending on the 30th day of June, 2018, unless sooner terminated as hereinafter provided (hereinafter called the “Term”). Grand Island Council Session - 11/14/2017 Page 132 / 479 3 Article II.Building Defined. Section 2.01 The term “Building” as used in this Lease shall mean the buildings and improvements, including all foundations, structures, landscaping, sidewalks, curbs, driveways, parking facilities, and fixtures, to be hereafter located upon the Land and any additions thereto or replacements thereof. Section 2.02 Building to Become the Property of Landlord. So long as this Lease remains in force, any Building constructed by Tenant on the Land shall be owned in fee simple by Tenant (Tenant to stand seized of the title for the purposes herein set forth) but upon the termination of this Lease without Tenant having given notice of the exercise of the option to purchase the Land prior to the expiration of the term of this Lease the Buildings shall become the property of Landlord in fee simple free and clear of all encumbrances, excepting only the lien of taxes, if any, assessed but not yet due and payable (for which Tenant shall remain obligated to pay to the extent that the same are allocable to the period prior to the termination of this Lease). Section 2.03 Tenant’s Covenant to Perform. This Lease is made upon the foregoing and the following covenants and conditions, each of which Tenant agrees to perform, irrespective of whether the particular provision is in the form of a covenant, an agreement, a condition, a direction, or otherwise. Article III.Rent Section 3.01 Amount of Rent. Tenant covenants and agrees to pay to Landlord the sum of One and No/100 Dollars ($1.00) as rent for the Land demised for the term specified by this Lease, such rent being payable in its entirety upon the date of the commencement of such term. Section 3.02 Place of Payment. Tenant shall pay all such rent to Landlord in lawful money of the United States at such place as Landlord shall from time to time designate by notice to Tenant. Section 3.03 Rent to Be Without Deduction, Setoff, or Counterclaim. This Lease shall be deemed and construed to be a net Lease, and Landlord shall receive all rent and other payments Grand Island Council Session - 11/14/2017 Page 133 / 479 4 hereunder to be made by Tenant free from any charges, assessments, Impositions (as defined in Section 4.01 hereof), expenses, or deductions of any nature whatsoever. Landlord shall not be called upon to make any expenditure for the maintenance, repair, or preservation of the Building or Land or any portion thereof. Article IV.Payment of Taxes, Assessments, and Other Impositions Section 4.01 Payment of Impositions. Tenant agrees to pay or cause to be paid as additional rent, before any fine, penalty, interest, or cost is added thereto for the nonpayment thereof, all real estate taxes and other ad valorem taxes on tangible property assessments, water rates and charges, and other governmental charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature whatsoever, including but not limited to assessments for public improvements or benefits (all of which taxes, and contributions in lieu of taxes, assessments, water rates or charges, levies and other governmental charges levied or assessed against Landlord, Tenant, or the Land or Building are herein referred to as “Impositions”), which are assessed, levied, confirmed, imposed, or become a lien upon the Land or the Building or which become payable during the Term of this Lease, except as otherwise provided for in this Article IV. Section 4.02 If by law any such Imposition is payable, or may at the option of the taxpayer be paid, in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), then Tenant shall pay the same (and any accrued interest on the unpaid balance of such Imposition) in the amount of such installments as the same respectively become due and before any fine, penalty, interest, or cost is added thereto for the nonpayment of any such installment and interest. Any Imposition relating to a fiscal period of the taxing authority, a part of which period is included within the Term of this Lease and a part of which is included in a period of time prior to the commencement of the term of this Lease or after the termination of this Lease, shall (whether or not such Imposition shall be assessed, levied, confirmed, imposed or become a lien upon the Land or upon the Building or both, or shall become payable during the Term of this Lease) be adjusted as between Landlord and Tenant at the time of the commencement of this Lease, and, again, as of the termination of this Lease, so that Landlord Grand Island Council Session - 11/14/2017 Page 134 / 479 5 shall pay that proportion of such Imposition allocable that part of the fiscal period included in the period of time before commencement and after the termination of this Lease to Tenant, and Tenant shall pay the remainder thereof. Notwithstanding the provisions in this Section 4.02, in the event that Tenant shall exercise its option to purchase the Land, Tenant shall be solely responsible for any Imposition after the termination of this Lease. Section 4.03 With respect to any Imposition for public improvements or benefits that by law is payable in installments, Landlord shall pay the installments thereof which become due and payable prior to the commencement of the term of this Lease or subsequent to the termination of this Lease and Tenant shall pay those installments which become due and payable during the Term of this Lease. Tenant further agrees to pay all real estate taxes herein defined as Impositions upon the Building and the Land attributable to that portion thereof allocable to the term of this Lease, with the Landlord remaining responsible for the payment of those taxes allocable to any time prior to the commencement of the term of this Lease and subsequent to the date that such Lease terminates. Notwithstanding the provisions in this Section 4.03, in the event that Tenant shall exercise its option to purchase the Land, Tenant shall be solely responsible for any Imposition after the termination of this Lease. Section 4.04 Pro-Rata Division of Impositions. In the event any Imposition, including real estate taxes and special assessments, is levied upon the whole of Landlord’s land and not separately upon the Land leased hereunder, Tenant shall pay its proportionate share of the Imposition attributable to that portion thereof allocable to the term of this Lease, with the Landlord remaining responsible for the payment of those taxes allocable to any time prior to the commencement of the term of this Lease and subsequent to the date that such Lease terminates. Notwithstanding the provisions in this Section 4.04, in the event that Tenant shall exercise its option to purchase the Land, Tenant shall be solely responsible for any Imposition after the termination of this Lease. Section 4.05 Right to Contest Impositions. Tenant shall have the right to contest the amount or validity of any Imposition upon the Land, the Building, or any part thereof by appropriate legal proceedings, but this shall not be construed in any way as modifying Tenant’s covenant to pay Grand Island Council Session - 11/14/2017 Page 135 / 479 6 such Imposition at the time and in the manner as in this Article. Landlord agrees to cooperate reasonably with Tenant in any such contest but without expense to Landlord. If Tenant shall not be in default under this Lease, Tenant shall be entitled to any refund of any Imposition and penalties or interest thereon which relate to the Land and Building and have been paid by or on behalf of Tenant, or which have been paid by Landlord and for which Landlord has been fully reimbursed. Article V.Insurance Section 5.01 Insurance on Building. Tenant shall, at Tenant’s sole cost and expense but for the mutual benefit of Landlord and Tenant, maintain the following insurance: (a)Fire and extended coverage insurance on the Building, in an amount that shall be sufficient to cover the full replacement value thereof, protecting against loss or damage by (i) fire and lightning, (ii) the risks commonly included within the term “extended coverage” (including but not limited to wind, storm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, and smoke), and (iii) vandalism and malicious mischief, all such terms as used in insurance policies from time to time issued by insurance companies licensed to do business by the State of Nebraska. Such policy or policies shall include coverage for all increases in the cost of construction or repair of the Building caused by the enforcement of any law or ordinance regulating, prohibiting, or restricting the repair or reconstruction of the Building and all costs of demolition of any undamaged portion of the Building and the value of that undamaged portion and the replacement cost of the undamaged and damaged portion. (b) In lieu of the above insurance coverage, Tenant may obtain “All Risk” coverage, provided only that such coverage is at least as large in amount and as broad in coverage as the foregoing and that the form of the coverage is first approved in writing by Landlord. Section 5.02 Other Insurance to Be Carried. Tenant shall also, at Tenant’s sole cost and expense but for the mutual benefit of Landlord and Tenant, maintain comprehensive general public liability and property damage insurance, protecting and indemnifying Landlord and its Grand Island Council Session - 11/14/2017 Page 136 / 479 7 officers, agents, and employees; Tenant; and others designated by Landlord, against any and all claims (including all costs and expenses of defending against the same) for bodily injury, sickness, disease, or death, or for damage or injury to or destruction of property (including loss of the use thereof) arising out of the ownership, maintenance, or use of the Building or the Land. The limits of such insurance shall be not less than $2,000,000 in respect of bodily injury, sickness, disease, or death resulting from any one occurrence; and $2,000,000 in respect of damage or injury to or destruction of property from any one occurrence; and an excess “umbrella” policy (providing insurance in respect of the risks above described for liability in excess of the limits specified above for such risks). The limits of the excess “umbrella” policy required hereby shall not be less than a combined single limit of $5,000,000. Section 5.03 Landlord as Additional Insured and Proof of Insurance. Any insurance policies required to be carried pursuant to this Article V shall name Landlord as an additional insured. A certificate evidencing the issuance of such policy or policies, together with evidence of the payment of premiums, shall be delivered to Landlord before the commencement of the Term of this Lease. Not less than ten (10) days prior to the expiration of any such policy or policies, evidence of the renewal of such policy or policies, or a new certificate, together with evidence of the payment of premiums for the renewal period or new policy, as the case may be, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled or the coverage changed without ten (10) days’ prior written notice to Landlord. Article VI.Use of the Land and Building Section 6.01 No Representations by Landlord—No Repairs. Tenant acknowledges that it has examined the Land and knows the condition thereof and accepts such Land in its present condition and without any representations or warranties of any kind or nature whatsoever by Landlord as to such Land’s condition or as to the use or occupancy that may be made thereof. Effective upon the commencement of the Term of this Lease, Tenant assumes the sole responsibility for the condition, operation, maintenance, and management of the Land and Building, and Landlord shall not be required at any time to furnish any facilities or services or to Grand Island Council Session - 11/14/2017 Page 137 / 479 8 make any repairs, replacements, changes (structural or otherwise), additions, or alterations to the Land, the Building, or any other property of any kind demised by this Lease. Section 6.02 Compliance with Law. Tenant shall throughout the Term of this Lease, at Tenant’s sole expense, promptly comply with all laws and ordinances and the orders, rules, regulations, and requirements of all federal, state, and municipal governments and appropriate departments, commissions, boards, and officers thereof (whether or not the same require structural repairs or alterations) that may be applicable from time to time to the Land and the Building. Tenant shall likewise observe and comply with the requirements of all policies of public liability, fire and other types of insurance at any time in force with respect to the Building. Article VII.Repairs, Maintenance and Improvements Section 7.01 Repair of Building. Tenant shall throughout the Term of this Lease, at Tenant’s sole expense, maintain the Building that Tenant intends to construct upon the Land in good condition and repair. Tenant shall promptly, at Tenant’s own expense, make to and on such Building all necessary repairs, renewals, and replacements, interior and exterior, structural and nonstructural, whether made necessary or caused by fire or other cause or by ordinary wear and tear. Nothing contained in this Lease shall impose on Landlord the obligation to make any repairs or expend any monies for the maintenance of the Land or Building or any improvement located thereon or the renewal, replacement, or repair of the Building or any part thereof except for such repairs caused by the negligence of Landlord or Landlord’s employees. Section 7.02 Removal of Dangerous Conditions. Tenant shall during the Term of this Lease, at Tenant’s sole expense, do all things necessary to remove any dangerous condition from time to time existing on the Land, including (without limiting the generality of the foregoing) promptly taking any appropriate measures to prevent or repair any erosion, collapse, or other unstable condition of the Land. Grand Island Council Session - 11/14/2017 Page 138 / 479 9 Article VIII.Landlord’s Right to Perform Tenant’s Covenants; Reimbursement of Landlord for Amounts So Expended Section 8.01 Performance of Tenant’s Covenants to Pay Money. Tenant covenants that if it shall at any time fail to pay any Impositions pursuant to the provisions of Article IV hereof; or shall fail to take out, pay for, maintain, or deliver any of the insurance policies pursuant to Article V hereof; or shall fail to make any other payment (other than rent) due hereunder, and such failure shall continue for sixty (60) days after written notice to Tenant, then Landlord may, but shall not be obligated to, and without further notice to or demand upon Tenant, pay any such Imposition, effect any such insurance coverage and pay premiums therefor, or make any other payment in such manner and to such extent as Landlord may deem desirable. Section 8.02 Landlord’s Right to Cure Tenant’s Defaults. If there shall be an event of default involving the failure of Tenant to keep the Building in good condition and repair in accordance with the provisions of this Lease, to make any necessary renewals or replacements or to remove any dangerous condition in accordance with the requirements of this Lease, or to take any other action required by the terms of this Lease, then Landlord shall have the right, but shall not be required, to make good any such default of Tenant. Nothing herein shall imply any duty upon the part of Landlord to do any such work that Tenant is required to perform under any provision of this Lease. Landlord may, during the progress of any such work elected to be performed by Landlord on the Land or the Building, enter with contractors, agents, and servants and keep and store all necessary materials, tools, and equipment upon the Land and in the Building or any part thereof. Section 8.03 Reimbursement of Landlord. All sums advanced by Landlord pursuant to the provisions of Sections 8.01 and 8.02 hereof shall be deemed additional rent and shall be payable by Tenant to Landlord. Such reimbursement shall be made on demand or, at the option of Landlord, may be added to any rent then due or thereafter becoming due under this Lease, as the case may be, and Tenant covenants to pay any such sum or sums and Landlord shall have (in addition to any other right or remedy) the same rights and remedies in the event of the Grand Island Council Session - 11/14/2017 Page 139 / 479 10 nonpayment thereof by Tenant as in the case of default by Tenant in the payment of any installment of rent as provided herein. Article IX.New Buildings and Changes and Alterations Section 9.01 Construction of the Building. Tenant may erect and construct upon the Land its fire station and emergency center, including all drives; parking areas; sewer, water, and electric connections; and all necessary and desirable fixtures. The Building so constructed shall not occupy any land other than the Land demised by this Lease. Section 9.02 Approval by Landlord. Prior to the commencement of the construction of the Building or any of the work to be performed by Tenant as described in Article X hereof, Tenant shall obtain the written approval of Landlord to the final plans and specifications. Such approval shall not be withheld unreasonably. Section 9.03 Procurement of Permits. No construction of any part of the Building nor any of the work to be performed by Tenant as described in this Article IX shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. Section 9.04 Control of Construction. (a)All work to be performed by Tenant or on Tenant’s behalf shall be done promptly and in a good workmanlike manner substantially in accordance with the approved Plans and Specifications and in compliance with the building and zoning laws of the City of Grand Island. (b)The cost of all work performed by Tenant shall be paid promptly so that the Land and the Building shall at all times be free of liens for labor and materials supplied to Tenant. Grand Island Council Session - 11/14/2017 Page 140 / 479 11 Article X.Damage or Destruction Section 10.01 Repair and Replacement of Building after Damage. In the event of damage by fire or otherwise to any machinery, fixtures, or equipment that are a part of the Building, Tenant shall, within three (3) months after such damage, and as much sooner as is reasonably possible, at Tenant’s sole expense (but using along with Tenant’s own funds such insurance proceeds as may be available for that purpose) either repair or replace such machinery, fixtures, or equipment. In the event of damage by fire or otherwise to the Building, Tenant shall, within twelve (12) months after such damage, and as much sooner as is reasonably possible, at Tenant’s sole expense (but using along with Tenant’s own funds such insurance proceeds as may be available for that purpose), either repair and restore the Building as completely as possible to the condition it was in immediately prior to such damage or, if Tenant so elects, replace the Building (including all machinery, fixtures and equipment situated therein) with a building of the same general size and character as the damaged building. In either event, the repairing, restoring, or replacement shall be done in conformity with and subject to the provisions of Article IX applicable to the construction of the Building on the Land. Section 10.02 Payment for Construction after Damage or Destruction. All insurance proceeds recovered by Landlord or Tenant on account of damage or destruction, less the costs, if any, for such recovery (including reasonable counsel fees), shall be applied to the payment of the cost of the repairing, restoring, removing, or replacing the Building. Section 10.03 Unused Insurance Proceeds and Deposits. In the event any proceeds of insurance or sums deposited with the Landlord in connection with any restoration or rebuilding of the Building shall remain in the hands of Landlord after completion of such restoration or rebuilding, and if Tenant shall not be in default under this Lease in respect of any matter or thing, then such remaining funds shall be paid to Tenant. Grand Island Council Session - 11/14/2017 Page 141 / 479 12 Article XI.Mechanics’ Liens Section 11.01 Discharge of Mechanics’ Liens. Tenant shall not suffer or permit any mechanics’ liens to be filed against the title to the Land, nor against Tenant’s interest in the Land, nor against the Building or parking facilities by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant. If any such mechanics’ lien shall at any time be filed against the Land, the Building, or the parking facilities, or any part thereof, Tenant shall cause the same to be discharged of record within thirty (30) days after the date Tenant has knowledge of such filing. If Tenant shall fail to discharge such mechanics’ lien within such period, then in addition to any other right or remedy Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in such event Tenant shall be entitled, if it so elects, to compel the prosecution of an action for the foreclosure of such mechanics’ lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs, and allowances. Tenant shall not be required to pay or discharge any such mechanics’ lien so long as Tenant shall give notice in writing to Landlord of its intention to contest the validity of such lien and shall in good faith proceed to contest the same by appropriate proceedings. Article XII.Covenants Against Waste and Inspection Section 12.01 Waste. Tenant covenants not to do or suffer any demolition, waste or damage, disfigurement, or injury to the Land or the Building. Section 12.02 Inspection of Building. Tenant shall permit the authorized representatives of Landlord to enter upon the Land and the Building or any part thereof at all times during usual business hours for the purpose of making reasonable inspections of the same. Article XIII.Public Utility Charges Grand Island Council Session - 11/14/2017 Page 142 / 479 13 Section 13.01 Payment of Public Utility Charges. Tenant shall pay or cause to be paid all charges for gas, electricity, light, heat, power, or telephone or other communication service used, rendered, or supplied upon or in connection with the Land and the Building and also any charges or expenses in connection with any alterations, additions, installations, or changes required or desired in connection with the supplying or using of such utilities or services or substitutes therefor throughout the Term of this Lease. Article XIV.Indemnification of Landlord Section 14.01 General Indemnification of Landlord. Tenant agrees to protect, defend, indemnify, and save harmless Landlord and its officers, agents, and employees against and from any and all claims by or on behalf of any person, firm, or corporation arising from the conduct of the Tenant or its employees, agents, and representatives, or from any work or thing whatsoever done in or about the Building or on the Land or in or on the parking facilities. Tenant also agrees to protect, defend, indemnify, and save Landlord harmless against and from any and all claims arising during the Term of this Lease from any condition of such Building and Land. Article XV.Condemnation Section 15.01 Separate Determination of Condemnation Awards. In the event that all or any part of the Land, Building, or any leasehold or other interest in the Land shall be taken or damaged or if any part of the Building or the Land is taken or damaged by the exercise of the power of eminent domain, then (whether or not this Lease shall terminate by operation of law upon such exercise of the power of eminent domain) the amount of damages resulting to Landlord and Tenant, respectively, and to their respective interests in and to the Land and Building and in, to, and in connection with this Lease, by reason of such exercise of the power of eminent domain, shall be separately determined and computed by the court having jurisdiction, and separate awards and judgments with respect to such damages to Landlord and Tenant, respectively, and to each of their respective interests, shall be made and entered. In the event that such court shall make a single award without separately determining the respective interests of Landlord and Tenant, and if Landlord and Tenant shall not agree in writing as to their respective Grand Island Council Session - 11/14/2017 Page 143 / 479 14 portions of such award within twenty (20) days after the date of the final determination by such court of the amount thereof, Landlord and Tenant agree to submit the matter to such court on stipulation for the purpose of a judgment determinative of their respective shares. Section 15.02 Effect of Taking on Rent. In the event that all of the Land and the Building shall be taken by the exercise of the power of eminent domain or by agreement between Landlord, Tenant, and those authorized to exercise such power or if this Lease is terminated by operation of law as a result of the exercise of such power of eminent domain, then all rent, Impositions, and other sum or sums of money and other charges provided to be paid by Tenant and related to particular periods of time shall be apportioned and paid to the date of such taking. Unless all of the Land and Building are taken by the exercise of the power of eminent domain or unless this Lease is terminated by agreement or by operation of law as a result of the exercise of such power of eminent domain, this Lease shall continue in full force and effect. Section 15.03 Taking Temporary. In the event that all or any part of the Building and the Land shall be taken by the exercise of the power of eminent domain for governmental occupancy for a temporary period, this Lease shall not terminate and Tenant shall continue to perform and observe all of its obligations hereunder (including the obligation to pay rent as provided throughout this Lease) as though such temporary taking had not occurred except only to the extent that it may be prevented from so doing by the terms of the order of the authority that made the taking. In the event the taking for governmental occupancy is for a period entirely within the Term of this Lease, then Tenant shall be entitled to receive the entire amount of any award made for such taking, whether paid by way of damages, rent, or otherwise. If the period of governmental occupancy extends beyond the termination of this Lease, the amount of such award, after payment to Landlord therefrom of the estimated cost of restoration of the Building, shall be apportioned between Landlord and Tenant as of the date of such termination. The amount of any award payable to Tenant in either case, on account of the taking of all or any part of the Building, shall be apportioned on an annual basis during the period within the Term of this Lease to which the award is applicable. In the event of any such temporary taking for governmental occupancy, and if the court shall make a single award without separately determining the amount of the award applicable to the taking of the interest of Landlord in this Grand Island Council Session - 11/14/2017 Page 144 / 479 15 Lease and in the Building, and if Landlord and Tenant shall not agree in writing as to the proportion of such award so applicable to Landlord, then Landlord and Tenant agree to submit the matter to such court on stipulation for the purpose of a judgment determinative of such interest of Landlord. Section 15.04 Tenant covenants that if the termination of any such governmental occupancy occurs prior to the termination of the Term of this Lease, Tenant at its sole cost and expense will restore the Building as nearly as may be reasonably possible to the condition the same was in prior to such taking. Article XVI.Default Provisions Section 16.01 Events of Default. The following events are hereby defined as “Events of Default”: (a)The failure of Tenant to pay any installment of rent, or any other payments or deposits of money as herein provided or required, when due; (b)The failure of Tenant to perform any of the other covenants, conditions and agreements of this Lease on the part of Tenant to be performed and the continuance of such failure for a period of sixty (60) days after notice in writing thereof from Landlord to Tenant (which notice shall specify the respects in which Landlord contends that Tenant has failed to perform any of such covenants, conditions, and agreements). Section 16.02 Remedies in Event of Default. If any one or more Events of Default occur, the Landlord may treat each such default as a breach of this Lease and thereupon by serving written notice on Tenant, Landlord may elect, in addition to any other remedies provided by law or in equity, one or more of the following remedies: (a)If an Event of Default occurs after the execution of this Lease and prior to the commencement of the construction of the Building, the parties hereby agree that this Lease shall terminate forthwith; (b)If an Event of Default occurs after commencement of construction of the Building, and prior to the completion of Building, Landlord shall have the right to carry out and Grand Island Council Session - 11/14/2017 Page 145 / 479 16 complete the construction of the Building, and all sums so expended by the Landlord shall be immediately payable by Tenant to the Landlord upon demand. In so completing such construction, the Landlord may depart from the plans and specifications for such Building, provided, however, that the Landlord shall not be entitled to recover from Tenant an amount in excess of the amount that would have been payable by the Tenant had the Building been completed in accordance with the plans and specifications referred to in Article IX; (c)If an Event of Default occurs after completion of the Building in accordance with Article IX, Landlord may terminate this Lease and the Term created hereby, in which event Landlord may forthwith repossess the Land and Building utilizing a forcible entry and detainer action or other available legal proceeding in the event that Tenant shall fail to voluntarily vacate and surrender the Land and Building to Landlord. Section 16.03 Waivers to Be in Writing. The receipt of rent by Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions, agreements, or covenants of this Lease, shall not be deemed to be a waiver of any provision of this Lease. No failure on the part of Landlord to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by Landlord, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of Landlord to enforce the same in the event of any subsequent breach or default. No covenant or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing, signed by Landlord or Landlord’s agent duly authorized in writing. Consent of Landlord to any act or matter must be in writing and shall apply only with respect to the particular act or matter to which such consent is given and shall not relieve Tenant from the obligation, wherever required under this Lease, to obtain the consent of Landlord to any other act or matter. The receipt by Landlord of any rent or any other sum of money or any other consideration hereunder paid by Tenant after the termination, in any manner, of the Term herein demised, shall not reinstate, continue, or extend the Term herein demised, unless so agreed to in writing and signed by Landlord. Grand Island Council Session - 11/14/2017 Page 146 / 479 17 Article XVII.Invalidity of Particular Provisions Section 17.01 Invalidity of Provisions. If any provisions of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Article XVIII.Quiet Enjoyment Section 18.01 Quiet Enjoyment. Landlord agrees that Tenant, upon paying the rent and all Impositions and other charges herein provided for and performing all of the covenants and conditions of this Lease, shall lawfully and quietly occupy the Land during the Term of this Lease without hindrance or molestation by Landlord or any persons claiming under Landlord. Article XIX.Landlord’s Title Section 19.01 Title Paramount. Landlord shall have title to the Land and the remainder or residual interest in the Building paramount to all others. Section 19.02 Tenant Not to Encumber Landlord’s Interest. Tenant shall have no right or power to and shall not in any way encumber the title of Landlord in and to the Land or the remainder or residual interest in the Building. The fee simple estate of Landlord in the Land and the interest of Landlord in the Building shall not be in any way subject to any claim by way of lien or otherwise, whether claimed by operation of law or by virtue of any express or implied lease or contract or other instrument made by Tenant, and any claim to a lien or otherwise upon the Land or in the Building arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant in the Land and Tenant’s interest in the Building and shall in all respects be subject to the paramount rights of Landlord in the Land and the remainder or residual interest in the Building. Grand Island Council Session - 11/14/2017 Page 147 / 479 18 Article XX.Limitation of Liability Section 20.01 Liability after Ouster of Tenant. In no case shall Landlord be liable under any express or implied covenant of this Lease for any damages whatsoever for Tenant’s ouster by a third party. Article XXI.Estoppel Certificates, Subordination, and Attornment Section 21.01 Estoppel Certificates. Landlord and Tenant each agree at any time and from time to time, so long as this Lease shall remain in effect, upon not less than ten (10) days’ prior written request by the other party, to execute, acknowledge, and deliver to the other party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified, stating the modifications) and the dates to which the rent and other charges have been paid in advance, if any, and stating whether any default under the terms of this Lease is known by, or any notice of default has been served by, the party giving the certificate, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective Tenant of Landlord’s fee simple interest in the Land or of Landlord’s remainder interest in the Building or any mortgagee or assignee of any mortgage upon the fee of the Land or upon Landlord’s remainder interest in the Building, as the case may be. Section 21.02 Certification of Completion. If the Building has been constructed in accordance with Article IX and is acceptable to Landlord, then Landlord shall so certify within thirty (30) days after a written request by Tenant. Section 21.03 Subordination. Tenant agrees that this Lease shall be subordinate to any mortgages or trust deeds that may hereafter be placed upon the Land and to any and all advances to be made thereunder, and to the interest thereon, and to all renewals, replacements, and extensions thereof; provided that the mortgagee or trustee thereunder shall agree to recognize Tenant’s rights hereunder as long as Tenant is not in default hereunder. Tenant further agrees Grand Island Council Session - 11/14/2017 Page 148 / 479 19 that upon notification by Landlord to Tenant, this Lease shall be or become prior to any mortgages or trust deeds that may heretofore or hereafter be placed on the Land. Tenant shall execute and deliver a Subordination, Non-disturbance and Attornment Agreement or, failing to do so within ten (10) days after demand in writing, does hereby make, constitute, and irrevocably appoint Landlord as its attorney-in-fact and in its name, place, and stead so to do. Section 21.04 Attornment. Tenant shall, upon demand, in the event of the sale or assignment of Landlord’s interest in the Land or remainder interest in the Building: or in the event that any proceedings are brought for the foreclosure thereof; or in the event of an exercise of power of sale under any mortgage, trust deed, or other financing instrument made by Landlord covering the Land, attorn in writing to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. Article XXII.Assignment and Sublease Section 22.01 Assignment and Sublease. Tenant shall not assign this Lease, or any interest therein, and shall not sublet the Building or Land or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person or entity to occupy or use the Building, Land or any part thereof without Landlord’s prior written consent, which consent may be arbitrarily withheld. Article XXIII.Remedies Cumulative Section 23.01 Remedies Cumulative. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute; and every power and remedy given by this Lease to Landlord may be exercised from time to time and as often as occasion may arise or as may be deemed expedient by Landlord. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power, nor shall it be construed to be a waiver of any such default or any acquiescence therein. Grand Island Council Session - 11/14/2017 Page 149 / 479 20 Section 23.02 Waiver of Remedies Not to Be Inferred. No waiver of any breach of any of the covenants or conditions of this Lease shall be construed to be a waiver of any other breach or to be a waiver of, acquiescence in, or consent to any further or succeeding breach of the same or similar covenant or condition. Section 23.03 Right to Terminate Not Waived. Neither the rights herein given to receive, sue for, or distrain for any rent, monies, or other payments, or to enforce any of the terms of this Lease, or to prevent the breach or nonobservance thereof, nor the exercise of any such right or of any other right or remedy shall in any way impair or toll the right or power of Landlord to terminate the Term herein granted and to terminate this Lease because of any event of default hereunder. Article XXIV.Holding Over Section 24.01 Rights Upon Holding Over. Provided Tenant does not exercise its option to purchase the Land during the Lease term, upon termination of this Lease by lapse of time, Tenant shall yield up immediate possession of the Land and the Building to Landlord. Likewise, upon termination of this Lease by reason of an Event of Default or otherwise, Tenant will at once surrender possession of the Land and Building to Landlord and remove all of Tenant’s personal effects and property therefrom. Article XXV.Option To Purchase Section 25.01 Option to Purchase Land. Landlord hereby gives and grants to Tenant the exclusive right and option during the Term of this Lease to purchase the Land for the cash price of ONE HUNDRED THREE THOUSAND FIFTEEN AND NO/100 DOLLARS ($103,015.00). As a credit to said purchase price there shall be deducted the rent paid by Tenant to Landlord during the Term of the Lease. In the event Tenant elects to exercise the option, Tenant shall deliver notice thereof in writing to Landlord during the Lease Term. Grand Island Council Session - 11/14/2017 Page 150 / 479 21 Section 25.02 Option to Purchase Additional Tract. Conditioned upon Tenant having exercised its option to purchase the Land, Landlord further gives and grants to Tenant the exclusive right and option (which must be exercised in the same manner as the exercise of the option in respect to the Land) at any time within Five (5) years following the date of the commencement of the term of this Lease, for a cash price of ONE HUNDRED THIRTY-SIX THOUSAND FOUR HUNDRED EIGHTY-TWO AND 50/100 DOLLARS ($136,482.50) the following additional tract, hereinafter referred to as “Tract A”: A TRACT OF LAND LOCATED IN PART OF THE NORTH HALF OF THE NORTHEAST QUARTER (N1/2 NE1/4) OF SECTION FOURTEEN (14), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER (N1/2 NE1/4); THENCE ON AN ASSUMED BEARING OF S89°27'02"W, WEST ALONG THE NORTH LINE OF SAID N1/2 NE1/4, A DISTANCE OF 330.00 FEET, TO THE TO THE POINT OF BEGINNING; THENCE S01°23'27"E A DISTANCE OF 496.86 FEET, TO THE NORTHWEST CORNER OF LOT 2, HANOVER SECOND SUBDIVISION; THENCE S88°36'51"W A DISTANCE OF 432.30 FEET, TO A POINT ON THE EAST LINE OF LOT 1, BLOCK 2, NEUMANN SECOND SUBDIVISION; THENCE N01°24'29"W, NORTH ALONG SAID EAST LINE OF LOT 1, BLOCK 2, NEUMANN SECOND SUBDIVISION, A DISTANCE OF 503.17 FEET, TO A POINT ON THE NORTH LINE OF SAID N1/2 NE1/4; THENCE N89°27'02"E, EAST ALONG THE NORTH LINE OF SAID N1/2 NE1/4, A DISTANCE OF 432.49 FEET, TO THE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 216,191.54 SQUARE FEET OR 4.963 ACRES MORE OR LESS OF WHICH 0.328 ACRES ARE ROAD RIGHT-OF-WAY. Section 25.03 Condition for Exercise of Options. The right to exercise the options hereinbefore set forth is conditioned upon the favorable performance by the Tenant of all of the covenants, conditions, and agreements required to be performed by it under this Lease, and the payment by the Tenant of all basic rent, additional rent, and other special payments as provided in this Lease to the Closing Date (hereafter defined). Grand Island Council Session - 11/14/2017 Page 151 / 479 22 Article XXVI.Sale Conditions And Closing Section 26.01 Purchase Price. The balance of the Purchase Price, subject only to credits as provided herein, shall be payable in cash or certified funds at the time of closing. Section 26.02 Closing Date. The closing upon exercise of the purchase option shall be on or before thirty (30) days after the date of the notice of the election to exercise, which is herein called the “Closing Date”, unless otherwise agreed by the parities hereto in writing. Section 26.03 Continuing Effect of Lease. In the event that Tenant shall give Landlord notice of the exercise of the option to purchase, this underlying Lease shall continue until the Closing Date, and, in the event a monthly payment for rent under the terms of the Lease shall be due and payable prior to the Closing Date, such rent shall be prorated to the Closing Date. Section 26.04 Deed. (a)The property shall be conveyed to Tenant by warranty deed conveying marketable title to the Land, free from all liens, encumbrances, encroachments, restrictions, or conditions against or on the property attributable to any date prior to the commencement of the term of this Lease and not approved or allowed by Tenant, and free from Landlord’s remainder or residual interest in the Building. (b)Definition of Marketable Title. “Marketable title,” for purposes of this Section, shall mean such title as will be insured by a reputable title insurance company doing business in the State of Nebraska at regular rates and showing no exceptions to title except those that shall be approved by Tenant prior to or at closing. Section 26.05 Evidence of Title. No later than ten (10) days prior to the Closing Date, Landlord shall furnish to Tenant a title insurance commitment issued by a reputable title insurance company authorized to transact business within the State of Nebraska, which shall show marketable title to the Land to be vested in the Landlord, subject only to easements and restrictions of record. Grand Island Council Session - 11/14/2017 Page 152 / 479 23 Section 26.06 Objection to Title. Should any defects be indicated by such commitment for title insurance, then Tenant shall deliver to Landlord, no later than five (5) days prior to the Closing Date, a copy of an attorney’s opinion showing such defects; and Landlord, after written notice thereof, shall endeavor to correct the same to Tenant’s satisfaction within a reasonable period of time from the date Landlord receives a copy of such opinion. Section 26.07 Procedure for Closing. (a)Closing of the purchase shall take place at Grand Island Abstract, Escrow & Title Company. (b)All special assessments levied by local or state authority against the Land prior to the Closing Date, whether payable before or after the closing, in installments or otherwise, shall be paid in full by Landlord at the closing, except to the extent they shall have been the obligation of the Tenant pursuant to the terms of the Lease. The title company settlement fee and all costs relating to title insurance, recording, and surveys shall be borne by Tenant. Landlord shall prepare the Deed at its expense. Each party shall bear the expense of its own counsel. (c)By reason of conveyance to Tenant as a Nebraska municipal corporation, conveyance of the Land and Tract A will be exempt from the imposition of any documentary stamp tax. Section 26.08 Condition of the Land. Tenant, having caused the same to be constructed, is fully aware of the condition of the Building and all other improvements construction upon the Land since the date of the commencement of the Term of this Lease and has made a personal inspection and investigation of the Land and Tract A, if applicable. In that regard, Tenant acknowledges and agrees that neither Landlord nor any agent of the Landlord has made any representations or warranties of condition to Tenant other than as specifically set forth hereafter concerning environmental representations and that all such real estate is being conveyed in its “As Is” condition. Grand Island Council Session - 11/14/2017 Page 153 / 479 24 Section 26.09 Environmental Representations. Expressly limited in scope to the period during which the Landlord has owned and maintained possession of the Land and Tract A, Landlord makes the following environmental representations to the Tenant: (a)Landlord is unaware of any action, either threatened or commenced, by any governmental agency arising out of an alleged violation of any environmental law or regulation on or affecting the Land or Tract A. (b)No governmental agency has notified the Landlord of any violation of any environmental law or regulation on the Land or Tract A. (c)Landlord is unaware of any civil action, either threatened or commenced, arising out of any alleged environmental mishap occurring on the Land or Tract A. (d)Landlord is unaware of any environmental mishap on the Land or Tract A. (e)Landlord is unaware of the presence of any hazardous waste or hazardous substance on the Land or Tract A. (f)The past and present uses made by or at the direction of the Landlord in respect to the Land and Tract A do not violate any relevant federal, state, or local environmental laws or regulations related to hazardous substances. Section 26.10 Default. In the event the Tenant shall fail to consummate the closing of the transaction after giving notice of exercise of the purchase option for any reason other than provided herein, the Landlord may utilize such legal and equitable remedies as are available to the Landlord by reason of such failure. Should the Landlord fail to consummate the closing of this transaction after Tenant’s exercise of its purchase option rights, the Tenant shall be entitled to utilize such legal and equitable remedies as are available to the Tenant by reason of such failure. Section 26.11 Broker. Landlord and Tenant each represent to each other that each has done nothing that would entitle any brokers to any claims for commissions in connection with or as a result of the transaction. Landlord and Tenant each agree to hold harmless and indemnify the other against any claims for brokerage commissions arising from its alleged acts, including reasonable attorney’s fees and disbursements incurred in defense of such claims that are Grand Island Council Session - 11/14/2017 Page 154 / 479 25 inconsistent with their respective representations set forth in this Section 26.11 and any attorney’s fees and costs in conjunction with enforcing this provision. Grand Island Council Session - 11/14/2017 Page 155 / 479 26 Article XXVII.Modification Section 27.01 Modification. None of the covenants, terms, or conditions of this Lease to be kept and performed by either party to this Lease shall in any manner be waived, modified, changed, or abandoned except by a written instrument duly signed, acknowledged, and delivered by the other party to this Lease. Article XXVIII.Conveyance by Tenant to Landlord Section 28.01 Conveyance by Tenant to Landlord. Provided Tenant has not exercised Tenant’s option to purchase the Land during the Lease Term, effective upon the termination of this Lease, whether by passage of time or otherwise, Tenant, in consideration of the granting of this Lease by Landlord to Tenant, hereby grants and conveys the Building unto Landlord and Landlord’s legal representatives and assigns forever, such conveyance to be free and clear of all encumbrances except easements of record and liens consented to by Tenant. Article XXIX.Notices Section 29.01 Manner of Mailing Notices. In every case where under any of the provisions of this Lease or if, in the opinion of either Landlord or Tenant, or otherwise, it shall or may become necessary or desirable to make or give any declaration or notice of any kind, it shall be sufficient if a copy of any such declaration or notice is sent by registered or certified mail, postage prepaid, properly addressed to Landlord as follows: or to Tenant (as the case may be) as follows: City Administrator City of Grand Island PO Box 1968 Grand Island, NE 68802 Copy to: Grand Island Council Session - 11/14/2017 Page 156 / 479 27 City Attorney City of Grand Island PO Box 1968 Grand Island, NE 68802 or to such other address as either party may designate in writing from time to time. Section 29.02 Sufficiency of Service. Service of any demand or notice as in this Article provided shall be sufficient for all purposes. Section 29.03 When Notice Deemed Given. Whenever a notice is required by this Lease to be given by any party hereto to the other party, the notice shall be considered as having been given on the day on which the notice was placed in the mail as provided by this Article. Article XXX.Miscellaneous Section 30.01 Singular, Plural and Gender. Any word contained in the text of this Lease shall be read as the singular or the plural and as the masculine, feminine, or neuter gender as may be applicable in the particular context. Section 30.02 Captions. The captions of this Lease and the index preceding it are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Lease nor in any way affect this Lease. Section 30.03 Conditions and Covenants. All of the provisions of this Lease shall be deemed and construed to be “conditions” as well as “covenants,” as though the words specifically expressing or importing covenants and conditions were used in each separate provision hereof. Section 30.04 Entire Agreement. This Lease contains the entire agreement between the parties. Section 30.05 Essence of Time. The Landlord and the Tenant each agree that time is an essential element of this Lease. Grand Island Council Session - 11/14/2017 Page 157 / 479 28 Section 30.06 Applicable Law. This Lease shall be construed and enforced in accordance with the laws of the State of Nebraska. Section 30.07 Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 30.08 Effect of Electronic Signatures. Any executed counterpart signature page containing faxed signatures and/or electronically-imaged signatures, such as .pdf files, shall constitute original signatures to this Lease and shall be admissible as evidence of the document and the signer’s execution. Section 30.09 Binding Effect. This Lease has been duly authorized by required actions taken by the Landlord and the Tenant prior to the date its execution by their duly-designated representatives and shall be binding upon and inure to the benefit of each party hereto and their successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Ground Lease with Purchase Option effective as of the date first noted above. THE MEADOWS APARTMENT HOMES, L.L.C., a Nebraska Limited Liability Company “Landlord” By Raymond J. O’Connor, President Grand Island Council Session - 11/14/2017 Page 158 / 479 29 CITY OF GRAND ISLAND, NEBRASKA, a Nebraska Municipal Corporation, “Tenant” By Jeremy Jensen, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 159 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item F-1 #9662 - Consideration of Request to Rezone Property Located on the East Side of Boggs Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3 Medium Density Residential (T.C. Enck Builders, Inc.) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 160 / 479 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9662 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprised of Lots Eight, Nine and Ten (8,9, and 10) of Block Ten (10) Packer and Barr’s Subdivision in Grand Island, Hall County, Nebraska, from R-2 Low Density Residential to R-3 Medium Density Residential Zone; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on November 1, 2017, held a public hearing on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on November 14, 2017, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from R-2 Low Density Residential to R-3 Medium Density Residential Zone: Lots Eight, Nine and Ten (8,9, and 10) of Block Ten (10) Packer and Barr’s Subdivision in Grand Island, Hall County, Nebraska, along with one half (½) of the adjoining street right of way SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 11/14/2017 Page 161 / 479 ORDINANCE NO. 9662 (Cont.) - 2 - SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 14, 2017 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 162 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item F-2 #9663 - Consideration of Request to Rezone Property Located South of Capital Avenue and West of the Union Pacific Railroad Tracks from R-3 Medium Density Residential to R-3 SL Medium Density Residential Small Lot (Habitat for Humanity) This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 163 / 479 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9663 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprised of Lot Two (2) of Lassonde Second Subdivision in Grand Island, Hall County, Nebraska, from R-3 Medium Density Residential to R-3SL Medium Density Small Lot Residential Zone; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on November 1, 2017, held a public hearing on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on November 14, 2017, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from R-3 Medium Density Residential to R-3SL Medium Density Small Lot Residential Zone;: Lot Two (2) of Lassonde Second Subdivision in Grand Island, Hall County, Nebraska, along with one half (½) of the adjoining street right of way SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 11/14/2017 Page 164 / 479 ORDINANCE NO. 9663 (Cont.) - 2 - SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 14, 2017 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 165 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item F-3 #9664 - Consideration of Request to Rezone Property Located South of Lake Street and West of South Locust Street from LLR Large Lot Residential to B-2 General Business (LBJM, LLC) This item relates to the aforementioned Public Hearing item E-7. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 166 / 479 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9664 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprised of a portion of JGMO Subdivision in Hall County, Nebraska, from LLR Large Lot Residential to B2 General Business Zone; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on November 1, 2017, held a public hearing on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on November 14, 2017, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from LLR Large Lot Residential Zone to B2 General Business Zone: All of JGMO Subdivision except the easterly 300 feet of Lot 1, 2 and 3 of JGMO Subdivision in Grand Island, Hall County, Nebraska SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 11/14/2017 Page 167 / 479 ORDINANCE NO. 9664 (Cont.) - 2 - SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 14, 2017 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 168 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item F-4 #9665 - Consideration of Approving Benefits for Sanitary Sewer District No. 539; North Webb Road and 13th Street This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 169 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9665 An ordinance assessing and levying a special tax to pay the cost of Sanitary Sewer District No. 539; North Webb Road and 13th Street of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of Sanitary Sewer District No. 539; North Webb Road and 13th Street, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Parcel No.Owner Legal Description Assessment by Frontage 400146568 Executive Properties, LLC Misc Tracts 18-11-9 Part Lot 1, 1 AC $ 13,886.12 400146541 Ronald Hanover Karen Hanover Misc Tracts 18-11-9 Part Lot 1, .98 AC $ 13,886.12 400146533 Alexander C Salinas Frances Salinas Misc Tracts 18-11-9 Part Lot 1, .48 AC $ 13,886.11 400146576 Larry Buhrman Misc Tracts 18-11-9 Part Lot 1, .48 AC $ 13,886.11 400146401 Calvary Baptist Church of GI NE Misc Tracts 17-11-9, PT NW ¼ NW ¼, 4 AC $ 13,886.11 $ 69,430.57 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in twenty-five (25) days; one-tenth in one year; one- tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one- Grand Island Council Session - 11/14/2017 Page 170 / 479 ORDINANCE NO. 9665 (Cont.) - 2 - tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within twenty-five (25) days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of not exceeding seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of three-fourths of one percent per month shall be paid thereon as in the case of other special taxes, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Any provision of the Grand Island City Code and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 14, 2017 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 171 / 479 Grand Island Council Session - 11/14/2017 Page 172 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item F-5 #9666 - Consideration of Directing Sale of Fire Station No. 4, 3690 West State Street to Menards Staff Contact: Jerry Janulewicz Grand Island Council Session - 11/14/2017 Page 173 / 479 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:November 14, 2017 Subject:Purchase – Sale Agreement with Menard, Inc. Presenter(s):Jerry Janulewicz, City Attorney Background After the rejection of all bids for construction of a new 911-Emergency Center at the Fire Station No.1/Fonner Road location, City staff searched for an alternative location for the facility and, in so doing, located land suitable in size and location for this purpose and for relocation of Fire Station No. 4, currently located on State Street at the southwest corner of the Menard’s store and yard. The land under consideration is owned by the Meadows Apartment Homes, LLC, and is located at the northwest corner of the intersection of 13th Street and North Road. Concurrent with the search for land for the 911-Emergency Center, Menard, Inc., (“Menard”) and the City were engaged in discussions concerning Menard’s interest in purchasing the real estate presently used by the City as the location of Fire Station No. 4. Discussion The Purchase Sale Agreement (the “Agreement”) for council consideration would, if approved by ordinance, authorize the execution of the Purchase Sale Agreement and direct the sale of Lot One in State Subdivision in the City of Grand Island, Hall County, Nebraska, in consideration of $103,015.00 cash consideration paid at closing. As additional consideration for the sale of the city property, within two years of closing Menard shall construct and convey to City, at Menard’s cost, a new fire station pursuant to, and closing contingent upon, the parties’ reaching mutual agreement on construction plans and specifications and a development agreement for the new fire station. Menard will be responsible for the costs of recording the deed, title insurance, and closing costs. Conveyance of the real estate shall be by warranty deed pursuant to the terms and conditions of the Purchase - Sale Agreement between City and Menard. Pending completion of the new fire station, the City will continue to occupy the current Fire Station No. 4. As provided by law, notice of the sale and the terms of sale are required to be published for three consecutive weeks in a newspaper published for general circulation in the City Grand Island Council Session - 11/14/2017 Page 174 / 479 of Grand Island. The City Clerk is directed and instructed to prepare and publish said notice. The electors of the City of Grand Island may file a remonstrance against the sale of the real estate; and if a remonstrance petition against the sale is signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular city election held in the City and is filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council adopt the Ordinance approving the Purchase Sale Agreement with Menard and directing the sale subject to public remonstrance. Sample Motion Move to approve Ordinance No. 9666. Grand Island Council Session - 11/14/2017 Page 175 / 479 1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the “Agreement”) is made and entered into by and between the City of Grand Island, Nebraska, a body corporate and politic and a political subdivision of the State of Nebraska, herein referred to as "Seller", and Menard, Inc., a Wisconsin corporation, with offices at 5101 Menard Drive, City of Eau Claire, State of Wisconsin 54703, herein referred to as "Purchaser" with reference to a certain parcel of land located in the City of Grand Island, County of Hall, and State of Nebraska, more fully described as: Lot One in State Subdivision in the City of Grand Island, Hall County, Nebraska (the “Property”), as depicted on the attached Exhibit A. In consideration of the mutual covenants herein set forth, the parties agree as follows: 1.AGREEMENT TO SELL AND PURCHASE: Seller covenants and agrees to sell, and Purchaser covenants and agrees to purchase the above described property, herein referred to as the “Property”, together with all improvements situated thereon together with any and all rights, titles, powers, privileges, easements, licenses, rights-of-way, oil, gas or mineral rights and interests appurtenant to and which benefit the Property and the improvements and the purchase and conveyance contemplated herein will be contingent on and subject to the terms, covenants, conditions and contingencies herein. 2.PERMITTED ENCUMBRANCES: The sale of the Property is subject to the following encumbrances (herein referred to as the "Permitted Encumbrances"): building and zoning laws, county and municipal ordinances, state and federal regulations, easements, covenants and restrictions of record accepted in writing by Purchaser. 3.CONTINGENCIES OF PURCHASER: Provisions to the contrary herein notwithstanding, performance by the Purchaser is contingent upon satisfaction of all of the following conditions: (A)Purchaser obtaining all necessary zoning classifications and variances and the issuance of all necessary permits and approvals to allow construction and operation upon the Property of Purchaser’s proposed development. Seller hereby agrees to make available to Purchaser for Purchaser’s review at no additional cost or expense to Purchaser any and all plats, maps, documents and other materials now in Seller's possession which may aid and assist Purchaser in obtaining all necessary zoning and other permits subject to and pursuant to this Agreement. (B)Purchaser satisfying itself that the Property has or can be provided with, at reasonable cost of installation, storm sewer or surface drainage (including retention ponds), sanitary sewer, water, electrical, telephone and gas service in sufficient capacities and quantities to provide for the proposed development of the Property by the Purchaser. It shall be at Purchaser's sole discretion, in good faith, as to whether the Property has or can have the above utilities in sufficient Grand Island Council Session - 11/14/2017 Page 176 / 479 2 capacities and quantities or whether said utilities can be provided to the Property at reasonable costs of installation. (C)Purchaser obtaining geotechnical reports, based upon soil borings and tests, which disclose soil conditions satisfactory to Purchaser for the proposed development of the Property. (D)Purchaser obtaining from appropriate authorities permission to erect and operate advertising and informational signs on the Property as Purchaser deems appropriate, the same to be to the satisfaction of Purchaser. (E)Purchaser obtaining, in accordance with the provisions of Section 8 herein, at Purchaser's cost and expense, current ALTA boundary and topographical surveys of the Property, which disclose conditions satisfactory to Purchaser for its development of the Property. (F)Purchaser inspecting the environmental condition of the Property prior to the Closing Date, including the right to conduct environmental, habitat, wetlands and archeological assessments and other studies on the Property, and finding the results of those studies acceptable. If Purchaser's inspection discloses conditions of Property, which, in Purchaser's sole discretion, are unacceptable to Purchaser, Purchaser may terminate this Purchase Agreement. (G)Seller obtaining agreements for the relocation, release, termination and/or extinguishment of such rights-of-way, easements, restrictions, and proposed easements across the Property, as disclosed by the title insurance report or surveys, which in Purchaser's sole opinion, must be relocated, released, modified, terminated and/or extinguished in order to permit Purchaser to develop the Property as a retail lumber and home improvement center. Provided, however, Seller may terminate this Agreement if the cost of obtaining agreements for the relocation, release, termination, and/or extinguishment of such rights-of-way, easements, restrictions, and proposed easements across the Property exceeds or will exceed $500.00 and Purchaser has not agreed to pay for any excess costs over such $500.00 amount. Purchaser may, at its sole option, and at its own expense, enter into agreements to relocate or remove any existing utilities after the Closing Date, but Purchaser shall not be required or obligated to do so. (H)Purchaser inspecting the Property, including the right to conduct engineering and mechanical studies of the Property, and finding its condition, structure, amenities and systems acceptable. If Purchaser's inspection discloses conditions of the Property which are unacceptable to Purchaser, Purchaser may terminate this Purchase Agreement. (I)Purchaser, at its sole cost and expense, designing and creating mutually agreeable construction plans and specifications for the replacement fire station to be built upon the parcel of land that Seller chooses to replace the Property. The design of Grand Island Council Session - 11/14/2017 Page 177 / 479 3 the replacement fire station shall be substantially in accordance with the plan in Exhibit B. Seller may have such plans and specifications reviewed by an independent architect at its sole cost. (J)Purchaser and Seller entering into a mutually agreeable development agreement that captures the terms of the proposed development work identified in Section 16 herein. (K)Purchaser and Seller entering into the post-closing occupancy agreement substantially in the form of that attached to this Agreement as Exhibit C (the “Post Closing Occupancy Agreement”). (L)Seller’s compliance with the requirements of Neb.Rev.Stat. §16-202 providing for public notice of the proposed conveyance of the Property and completion of statutory notice without any petitions signed by sufficient number of registered voters objecting to the sale of the Property at the date of Closing. The Contingencies enumerated above are for Purchaser’s benefit only, and the non- occurrence of a state of facts sufficient to satisfy any of the Contingencies above may not be used or pleaded by Seller as a defense to the enforceability of this Agreement. 4.CONTINGENCIES OF SELLER. Provisions to the contrary herein notwithstanding, performance by Seller is contingent upon satisfaction of all of the following conditions: (A)Purchaser, at its sole cost and expense, designing and creating mutually agreeable construction plans and specifications for the replacement fire station to be built upon the parcel of land that Seller chooses to replace the Property. The design of the replacement fire station shall be substantially in accordance with the plan in Exhibit B. Seller may have such plans and specifications reviewed by an independent architect at its sole cost. (B)Purchaser and Seller entering into a mutually agreeable development agreement that captures the terms of the proposed development work identified in Section 15 herein. (C)Purchaser and Seller entering into the post-closing occupancy agreement substantially in the form of that attached to this Agreement as Exhibit C (the “Post Closing Occupancy Agreement”). (D)Seller’s compliance with the requirements of Neb.Rev.Stat. §16-202 providing for public notice of the proposed conveyance of the Property and completion of statutory notice without any petitions signed by sufficient number of registered voters objecting to the sale of the Property at the date of Closing. The Contingencies enumerated above are for Seller’s benefit only, and the non- occurrence of a state of facts sufficient to satisfy any of the Contingencies above may not be used or pleaded by Purchaser as a defense to the enforceability of this Agreement. Grand Island Council Session - 11/14/2017 Page 178 / 479 4 5.FAILURE OF CONTINGENCIES: The expiration of the contingencies listed in Section 3 and 4 shall be One Hundred Fifty (150) days after last execution of this Agreement or in the event the One Hundred Fiftieth (150th) day falls on a weekend or holiday the next business day thereafter (the “Contingency Period”). In the event any of the contingencies and conditions have not been met or in Purchaser’s or Seller’s opinion will not be met by the expiration of the Contingency Period or extensions thereof, Purchaser and Seller shall have the right and option to waive any contingency or condition, or Purchaser or Seller may declare this Agreement terminated and have the Earnest Money paid by Purchaser, along with any accrued interest, returned to Purchaser forthwith. If Purchaser or Seller exercises its option to declare this Agreement terminated and Purchaser receives a return of the Earnest Money paid by Purchaser, or if this Agreement otherwise becomes terminated, Purchaser and Seller shall have no further obligation or liability under this Agreement. In addition, Seller and Purchaser shall each be solely responsible for and shall hold the other harmless for any expenses, costs, damages, claims, lawsuits and judgments, including and not limited to expenses and attorneys fees, incurred by each of them respectively as a result of this Agreement. Alternatively, in the event any of the contingencies have not been satisfied or waived by Purchaser and Seller as of the scheduled expiration of the Contingency Period, Purchaser shall have the right to extend the Contingency Period and Closing Date for two (2) thirty (30) day periods upon notice to the other party of its intent to so extend no later than the then expiration of the Contingency Period. 6.DUE DILIGENCE: Within fourteen (14) days following the date of last execution of this Agreement, Seller shall deliver to Purchaser true, correct and complete copies of the items concerning the Property listed below, to the extent they exist and are in Seller’s possession (the “Due Diligence Items”): (A)Any prior title evidence, such as a current abstract or title policy. (B)The most recent survey of the Property in Seller’s possession. (C)The written results, if any of environmental site assessments, engineering reports, soil boring test samples or other inspections done at or on the Property including testing and certification results from any on-site grading activities completed to date. (D)All permits issued by governmental authorities for the Property. (E)Copies of all crop or billboard leases, if applicable. (F)Copies of utility bills for the most recent 12 months for the Property. (G)Copies of all current maintenance service agreements, if any, relating to the Property. (H) All warranties covering the Property and its improvements. Grand Island Council Session - 11/14/2017 Page 179 / 479 5 7.SELLER'S WARRANTIES: Seller states, warrants, guarantees and represents as follows: (A)Subject to the requirements of Neb.Rev.Stat. §16-202 providing for public notice of the proposed conveyance of the Property and completion of statutory notice without any petitions signed by sufficient number of registered voters objecting to the sale of the Property at the date of Closing, Seller has and will have on the Closing Date good and marketable fee title to the Property, subject only to the Permitted Encumbrances. (B)Subject to the requirements of Neb.Rev.Stat. §16-202 providing for public notice of the proposed conveyance of the Property and completion of statutory notice without any petitions signed by sufficient number of registered voters objecting to the sale of the Property at the date of Closing, Seller has and will have on the Closing Date full right and authority to convey the Property, and in regard thereto to execute this Agreement and to execute and deliver all documents required of Seller for the consummation of this Agreement. (C)The persons signing this Agreement on behalf of Seller are duly authorized to do so and their signatures bind Seller in accordance with the terms of this Agreement. (D)The Property shall be free of tenancies and bill boards on the Closing Date other than the occupancy by the Seller under the Post Closing Occupancy Agreement. (E)No person, firm, corporation or entity has any option, right of first refusal or similar right to acquire the Property, or any part thereof, from Seller. (F)Seller has no knowledge of any condemnation proceedings having been instituted or threatened against the Property. (G)That Seller is not a “specially designated national and blocked person” on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control; that Seller is not listed in the annex to, and is not otherwise subject to the provisions of, Executive Order No. 13224 (the “Executive Order”); and that Seller is not acting on behalf of any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of the Executive Order. (H)Seller has received no notice of, nor has Seller any knowledge of, any violations of any federal, state, county or municipal laws, ordinances, orders, regulations or requirements affecting the Property. (I)Seller is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code ("IRC"), i.e., Seller is not a nonresident alien, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the IRC and Income Tax Regulations). Grand Island Council Session - 11/14/2017 Page 180 / 479 6 (J)To the best of Seller's knowledge the Property has not at any time been used as a waste dump, nor has it been used for the manufacture, treatment, storage or disposal of hazardous waste, hazardous substances, petroleum, PCBs, pollutants, contaminants or materials of like import that cause a present or future hazard to the ground water or other parts of the environment, and that the Property is completely free of any and all latent and non-apparent hazards and characteristics which would impair the use of the Property for the Purchaser as contemplated herein, or would cause the Purchaser any liability to any person or persons, natural or corporate, or any governmental body. The representations and warranties contained in this section shall be true and correct on the Closing Date and shall survive the Closing and continue in full force and effect notwithstanding the Closing and consummation of the transaction contemplated herein, and the obligation of the Purchaser to close this transaction is expressly conditioned upon said representations. 8.SURVEYS: Purchaser, at Purchaser’s sole cost and expense, shall obtain its own boundary and topographic survey (the “Survey”). 9.COMPLIANCE WITH MUNICIPAL OR STATE REGULATIONS: All violations of law, ordinances or orders of state, county and municipal agencies affecting the Property at the date hereof shall be cured by Seller before the Closing Date, and all notices and warnings of such violation shall be complied with by Seller before that time, and the Property shall be conveyed free of all such notices and warnings. Seller hereby authorizes Purchaser to make and/or have made searches for such violations. 10.PURCHASE PRICE: The consideration due from Purchaser to Seller for the Property shall be ONE HUNDRED THREE THOUSAND FIFTEEN AND NO/100 DOLLARS ($103,015.00) cash upon closing and such additional consideration as set forth in paragraph 16 below (the “Purchase Price”). 11.EARNEST MONEY: The sum of One Thousand Dollars ($1,000.00), the same representing “Earnest Money”, will be paid into an interest-bearing escrow account to be established by the Purchaser's title insurance company within ten (10) business days after last execution of this Agreement. In the event this Agreement is consummated, the Earnest Money, plus interest, shall be applied to and credited against the Purchase Price on the Closing Date or returned to Purchaser at Purchaser’s election with the remaining balance to be paid in cash at that time. Notwithstanding the preceding, Purchaser may elect to receive at the Closing a refund of all Earnest Money paid, upon payment to Seller of an equal amount from Purchaser’s §1031 account. If this Agreement terminates for failure of satisfaction of a contingency, all Earnest Money, plus interest, shall be returned promptly to Purchaser. 12.REAL ESTATE TAXES, ASSESSMENTS AND TRANSFER FEES: Seller hereby warrants that there are no real and personal property taxes associated with the Property, as it is owned by a public entity. Seller shall indemnify Purchaser for any taxes or assessments Grand Island Council Session - 11/14/2017 Page 181 / 479 7 levied against the Property prior to the Closing Date. Purchaser shall be responsible for paying all taxes levied on the Property on the Closing Date and for future dates. Seller shall be responsible for payments arising from recapture agreements or fees against the Property existing on the Closing Date whether or not arising from Purchaser’s development of the Property. Seller shall pay by separate check or credit against the Purchase Price all state, county, and city transfer taxes, deed taxes, rezoning fees, annexation fees, park fees, impact fees, green acres tax, recaptures and/or deed stamps due any governmental agency resulting from the transfer of the Property by Seller to Purchaser or change in zoning or use. 13.EVIDENCE OF TITLE: Purchaser shall obtain a commitment for title insurance, including copies of all Schedule B documents, with extended coverage in the amount of the Purchase Price set out herein, naming the Purchaser as the insured, as its interest may appear (the “Commitment”), written by Grand Island Abstract, Escrow & Title Co., 704 W. 3rd Street, Grand Island, NE 68801 (the “Title Company”). Within seven (7) days of approval of this Agreement by Seller’s City Council Seller will deliver to Purchaser any prior title evidence it may have, such as a current abstract or title policy, to expedite further examination of title. Purchaser shall after receipt of the last to arrive of the Commitment, the Survey, and legible copies of all Schedule B documents provide to Seller copies of the Commitment, Survey and all Schedule B documents and shall advise Seller in writing of any objections it has to the state of title to the Property shown in the Survey or Commitment. Seller shall have sixty (60) days from the date of Purchaser's notice of such objections to make a good faith effort to cure such objections and to furnish a later report showing the objections cured or removed. If such objections cannot be cured within sixty (60) days after the date of Purchaser’s notice of such objection, Purchaser may; (i) declare this Agreement null and void, and in such event receive a refund from Seller of all Earnest Monies paid, plus interest, and neither party shall have any further obligation or liability under this agreement, (ii) at its election, take the title as it then is (with a right to deduct from the Purchase Price for liens or encumbrances of a definite or ascertainable amount), (iii) maintain its objections to the items uncured and extend Seller’s time to cure; or (iv) attempt to cure itself. Purchaser retains the right to update title, object to any new items and have the same remedies mentioned above through the Closing Date. On the Closing Date, when title is transferred to Purchaser, Seller shall cause to be delivered to Purchaser an owner’s policy with extended coverage containing a Gap Endorsement, a Survey Endorsement, an Access Endorsement, a Same Land Endorsement, a Restriction, Encroachment, Mineral Endorsement, Contiguity Endorsement, and a PIN Endorsement, guaranteeing Seller's title to be in the condition required by this Agreement. All costs relating to the issuance of the title policy, including, but not limited to, title search and examination fees, policy premiums and the cost for any required endorsements shall be paid for by Purchaser. 14.POSSESSION: Subject to the Post Closing Occupancy Agreement, legal possession of the Property shall be delivered to Purchaser on the Closing Date, except as herein provided. On the Closing Date the Property shall be free of trash, debris and refuse free. Purchaser or its agent shall be permitted upon the Property prior to Closing for soil testing, Grand Island Council Session - 11/14/2017 Page 182 / 479 8 environmental and/or inspections, surveying or other investigations or functions relating to its purchase of the Property. Purchaser agrees to indemnify and hold Seller harmless from any and all loss, claim, action, demand or liability which may arise against the Seller or the Property by virtue of any of Purchaser’s actions pursuant to this Agreement. Notwithstanding the foregoing, Purchaser shall not indemnify or defend Seller against any loss, claim, action, demand, liability, or expense arising out of, or having to do with, the results of Purchaser’s inspections, testing or determinations. Upon completion of Purchaser’s investigations and tests, Purchaser shall restore the Property as reasonably possible to the same condition as it existed before Purchaser’s entry upon the Property. 15.CLOSINGS: Unless otherwise agreed to by the parties, this transaction shall be closed at the offices of the Title Company insuring the Property. The “Closing” of the transaction contemplated hereby shall be held on the expiration of the Contingency Period (“Closing Date”). Closing may be held prior to such time upon mutual agreement of the parties. Closing costs and escrow fees, if any, charged by the Title Company to close the transaction, shall be divided equally between the parties. Seller acknowledges that Purchaser may be providing funds by way of a cashier’s check, and that the Title Company may require said check to clear its bank in order for the funds to become available for disbursement. In the event an extension is warranted for delays in Closing or disbursement caused by Title Company, the Closing Date will be automatically extended without having to amend this Agreement, said extension to be one business day after said delay in Closing or disbursement caused by the Title Company has been resolved. Possession of the Property shall be delivered simultaneously with the disbursement of Seller’s net proceeds. At Closing, Seller shall deliver or cause to be delivered to Purchaser each of the following items: (A)A Warranty Deed, in recordable form, duly executed and acknowledged by Seller, conveying title to the Property to Purchaser, free and clear of all liens, taxes, restrictions, tenancies, occupancies and encumbrances of every kind and description except: 1)Permitted Encumbrances specified in Section 2 herein; 2)General real estate taxes and assessments which are a lien but which are not due and payable on the Closing Date, and special assessments caused by Purchaser's activities or improvements; (B)The title policy in the form specified in Section 13 herein; (C)Such evidence or documents as may be reasonably required by the Purchaser or the Title Company evidencing the status and capacity of Seller and the authority of the person or persons who are executing the various documents on behalf of Seller in connection with the sale of the Property; (D)A certification in a form to be provided or approved by the Purchaser, signed by Seller under penalties of perjury, containing the following: Grand Island Council Session - 11/14/2017 Page 183 / 479 9 1)Seller's U.S. Taxpayer Identification Number; 2)The home address of Seller (or the business address of Seller if Seller is not an individual); and, 3)A statement that Seller is not a foreign person within the meaning of Section 1445 of the IRC i.e., Seller is not a nonresident alien, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the IRC and Income Tax Regulations). In the event that Seller fails to deliver such Certification at Closing or Seller delivers such Certification but the Purchaser has actual knowledge that such Certification is false or the Purchaser receives notice that the Certification is false from any agent of the Purchaser or Seller, the Purchaser shall be entitled to withhold from the Purchase Price a sum equal to ten percent (10%) of the total amount which otherwise would have been realized by Seller from such sale, which sum will be paid by the Purchaser to the United States Treasury pursuant to the requirements of Section 1445 of the IRC and the regulations promulgated thereunder. (E)Development Agreement described in Section 16 (F)An affidavit of title warranting that no outstanding mechanic's lien rights exist, that the Property is not subject to any unrecorded interest or encumbrances, adverse claims, possession or occupancies and is not subject to any leases, oral or written, and that all assessments, utility charges and taxes have been paid to the Closing Date. (G)Closing Prorations: (i)All adjustments shall be made as of midnight of the day prior to the Closing Date and shall be in accordance with the customs in respect of title closing recommended by the Title Company; (H)Post-Closing Occupancy Agreement, if applicable. (I)Copies of all utility bills for the Property. (J)All additional documents and instruments as in the reasonable opinion of the Purchaser’s counsel or the Title Company are necessary to the proper consummation of this transaction. Unless explicitly stated in this Agreement to the contrary, Seller shall be responsible for all costs related to the production and delivery of the required closing documents. Seller and Purchaser shall exchange draft copies of all proposed closing documents at least five (5) business days prior to the scheduled Closing Date. If such documents are not received in a timely manner either party may extend the Closing Date accordingly. Grand Island Council Session - 11/14/2017 Page 184 / 479 10 16.PURCHASER’S DEVELOPMENT OBLIGATIONS: Contingent on Seller obtaining or identifying replacement property by the Closing Date, Purchaser hereby covenants and agrees, as additional consideration for the completion of the transaction contemplated in this Agreement, to construct for Seller a new fire station substantially in accordance with the proposed fire station layout attached hereto as Exhibit C. Seller, at its sole cost, shall deliver to Purchaser a geotechnical report, Phase I Environmental Study, and an ALTA and topographical survey of the replacement property prior to Purchaser beginning construction of the fire station. Purchaser will design and construct or cause to be constructed, using Purchaser materials and supplies, the fire station including but not limited to the building, paved drives, and parking areas in substantial conformance with (i) development and building plans approved by Seller and Purchaser; and (ii) the design and construction specifications approved by Seller and Purchaser. Purchaser shall be solely responsible for all charges, fees and expense in relation to the construction of the improvements including materials, labor, architect fees (excepting those fees to review the Purchaser created plans if Seller chooses to have such plans reviewed), utilities, site preparation, and landscaping. Purchaser shall have 2 years from the Closing Date to complete such construction. Seller hereby grants to Purchaser a temporary construction easement over such property until such time as the construction is completed. Seller shall also obtain for Purchaser all necessary permits or approvals to complete the construction of the fire station. Upon Purchaser’s completion of the fire station, Purchaser shall provide Seller with a 1 year warranty for the completed work. Purchaser shall solely be responsible for completion of the fire station on the replacement property. Any additional work required as part of the construction of the new fire station (including but not limited to expansion of public rights of way, off site utilities, etc.) shall be completed at the sole cost of the Seller. If the transaction contemplated herein fails to Close, Purchaser’s obligation to construct the fire station shall be terminated and no further action shall be required by Purchaser. The terms of Purchaser’s obligations shall be further spelled out in a development agreement between Seller and Purchaser to be entered into at Closing (the “Development Agreement”). 17.REAL ESTATE BROKERS AND BROKERAGE COMMISSION: Seller and Purchaser each hereby represent and warrant to the other that this Purchase and Sale Agreement is made and entered into as a result of direct negotiations between parties hereto without the aid or assistance in any fashion of any broker or other agent and each of the parties hereby represents and warrants to the other that they have entered into no agreement or made any undertaking of any kind or character whatsoever as a result of which any claim could properly be brought against the other for any commission, finder’s fee or other form of compensation of a similar character as a result of this transaction. Each party hereby agrees to indemnify and hold the other harmless as a result of any misrepresentation or breach of the warranty contained in this section. 18.SURVIVAL OF COVENANTS: Any representation, warranty, covenant or agreement herein of either party to this Agreement whether to be performed before or after the Closing Date shall not be deemed to be merged into or waived by the instruments of closing, but shall expressly survive the Closing and shall be binding upon the party obligated thereby. 19.PARTIAL INVALIDITY: If any provisions or portions of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such provision, or portion Grand Island Council Session - 11/14/2017 Page 185 / 479 11 thereof, to any other persons or circumstances shall be valid and enforceable to the fullest extent permitted by law. 20.NOTICE: Any notice, demand, request or other communication which may or shall be given or served by Seller to or on the Purchaser, or by the Purchaser to or on Seller, shall be deemed to have been given or served on the date the same is deposited in the United States Mail, standard, registered or certified, return receipt requested, postage prepaid, sent by electronic transmission or given to a nationally recognized overnight courier service for next business day delivery and addressed as follows: If to Seller: City of Grand Island Attn: Mayor 100 East First Street P.O. Box 1968 Grand Island, NE 68802 Phone:(308) 385-5444 Fax: Email: If to the Purchaser:Menard, Inc. Attn: Properties Division 5101 Menard Drive Eau Claire, WI 54703 Phone:(715) 876-2532 Fax:(715) 876-5998 Email: properties@menard-inc.com The above addresses may be changed at any time by the parties by notice given in the manner provided above. Seller and Purchaser agree that electronically reproduced signatures such as by facsimile transmission or email are valid for execution or amendment of this Agreement and that electronic transmission/facsimile is an authorized form of notice as that term is used in this Agreement. 21.AGREEMENT BINDING: This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. 22.CHOICE OF LAWS AND SUBMISSION TO JURISDICTION: This Agreement shall be deemed to have been made in Hall County, Nebraska, and shall be construed in accordance with the laws of the State of Nebraska. All actions or proceedings relating, directly or indirectly, to this Agreement, whether sounding in contract or tort, shall be litigated in a court of competent jurisdiction for Hall County, Nebraska. All parties to this Agreement hereby subject themselves to the jurisdiction of the District Court of Hall County Nebraska. Grand Island Council Session - 11/14/2017 Page 186 / 479 12 23.LIQUIDATED DAMAGES: If Purchaser wrongfully fails to complete the Closing as provided in this Agreement, Seller, at its sole and exclusive remedy, may retain the Earnest Money paid under Section 10 hereof as liquidated damages. Seller has agreed to this liquidated damage provision because of the difficulty of ascertaining Seller’s actual damages given the uncertainties of the real estate market, the fact that Seller retains ownership of the Property, fluctuating property values and differences of opinion with respect to such matters. If Seller fails to complete the Closing as provided in this Agreement or otherwise commits a material breach of this Agreement, Purchaser shall be entitled to the prompt return of all Earnest Money and may seek all remedies available at law or in equity including specific performance. 24.HEADINGS: The section titles are for convenience only and do not define, limit or construe the contents of such paragraphs. 25.DATE: This Agreement shall be dated and effective and binding as of the date of the last execution. 26.CONSTRUCTION:Both parties have contributed to the drafting of this Agreement. In the event of a controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. 27.TAX-DEFERRED EXCHANGE: Seller acknowledges that Purchaser may elect to receive the Property in connection with the completion of a tax-deferred exchange under Section 1031 of the Internal Revenue Code of 1986. Seller hereby agrees to take such steps as Purchaser may reasonably require, at no cost to Seller, in order to complete the tax-deferred exchange. Therefore, to the extent possible, the provisions of this section shall be interpreted consistently with this intent. Purchaser may, on or before the Closing Date, assign its rights under this Agreement to a “qualified intermediary”, as defined in Treasury Regulation 1.1031(i)-1(g)(4) (the “Accommodator”). Each party agrees to cooperate with the other party and the Accommodator in arranging the exchange. Each party shall execute any and all documents reasonably requested by the other party and the Accommodator to facilitate the exchange as a tax-deferred exchange under Section 1031 of the Code and the Treasury Regulations effective thereunder at the time of the Closing including but not limited to any appropriate amendments to this Agreement and any appropriate escrow instructions; provided, however, that no such document shall adversely affect a party in any respect or change any of the economic terms and conditions of the transaction with respect to Purchaser. Seller acknowledges that Seller is not relying on any representations of Purchaser or Purchaser’s counsel with respect to the federal, state or local income tax treatment of Seller in connection with this transaction. The obligations of the parties under this section shall survive the Closing and the delivery of the deed. 28.EMINENT DOMAIN: If prior to the Closing Date, Seller acquires knowledge of any pending or threatened action, suit or proceeding to condemn or take all or any part of the Grand Island Council Session - 11/14/2017 Page 187 / 479 13 property under the power of eminent domain, then Seller shall immediately give notice thereof to Purchaser. Upon receipt of such notice Purchaser, at Purchaser’s option shall have the right to: (A)Terminate this Agreement as to the Property subject to the action or proceeding, whereupon the Purchase Price shall be reduced accordingly; or (B)Terminate this Agreement as to the entire Property, whereupon the Earnest Money shall be paid to Purchaser and all parties shall thereupon be relieved of all further liability hereunder. If Purchaser does not exercise its right to terminate then Purchaser shall be entitled to all of the condemnation proceeds which would have been due Seller, and the parties shall proceed with the Closing otherwise in accordance with, and subject to, the terms hereof. 29.CASUALTY:If prior to the Closing Date the Property or any portion thereof, shall be damaged or destroyed by reason of fire, storm, accident or other casualty, then Seller shall immediately give notice thereof to Purchaser. Upon receipt of such notice Purchaser, at Purchaser’s option, shall have the right to: (A)Terminate this Agreement as to such portion of the Property damaged by the casualty, whereupon the Purchase Price shall be reduced accordingly; or (B)Terminate as to the entire Property, whereupon the Earnest Money shall be paid to Purchaser and all parties shall thereupon be relieved of all further liability hereunder. If Purchaser does not exercise its right to terminate then Purchaser shall be entitled to all of the insurance proceeds which would have been due Seller and Seller will credit Purchase at Closing with an amount equal to the deductible under the applicable insurance policy and any amounts reasonably determined by Purchaser to constitute the difference between the amount of the insurance proceeds, and deductible, and the cost of reconstruction. 30.OPERATION OF THE PREMISES: During the period between the date hereof and the Closing Date, Seller shall: (A)Comply with the material terms, conditions, and provisions of all liens, leases, mortgages, agreements, insurance policies and other contractual arrangements relating to the Property, make all payments due thereunder and suffer no default therein; (B)Without written approval of Purchaser, neither negotiate nor enter into any new contract nor modify any existing contract affecting the use or operation of the Property which cannot be terminated without charge, cost, penalty or premium on or before the Closing Date; (C)Operate, manage and maintain the Property in the usual and customary manner for a municipal fire station; Grand Island Council Session - 11/14/2017 Page 188 / 479 14 (D)Not, without Purchaser’s prior written consent, enter into, amend or terminate any lease, nor institute any proceeding at law or in equity to enforce any lease; (E)Not return to any tenants, directly or indirectly, any security deposits except as required by lease, upon the termination of occupancy; and (F)Not market the Property to third parties 31.COUNTERPARTS; MODIFICATION: This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. The electronic transmission of any signed original counterpart of this Agreement shall be deemed to be the delivery of an original counterpart of this Agreement. This Agreement cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge it in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. To aid in the execution of amendments to this Agreement (but not any closing documents), the parties hereby each authorize and empower its attorney employed by such law firm or corporation to execute and deliver any amendments to this Agreement on their respective behalf and (when so executed by their attorney) the amendment shall be binding upon and enforceable against the party represented. Notwithstanding the foregoing, either party may insist upon the execution (or re-execution) of any amendment by the other party itself (and not its attorney) and each party agrees to accommodate such a request. 32.ENTIRE AGREEMENT: This Agreement, including the exhibits hereto, constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No covenant, representation, or condition not expressed in this Agreement shall be binding upon the parties hereto or shall affect or be effective to interpret, change, or restrict the provisions of this Agreement. [Signature to Appear on Following Page(s)] Grand Island Council Session - 11/14/2017 Page 189 / 479 15 IN WITNESS WHEREOF, the parties hereto have executed this instrument. EXECUTED ON:SELLER: CITY OF GRAND ISLAND This ____day of _________, 2017 By:___________________________ Jeremy L. Jensen Mayor EXECUTED ON:PURCHASER: MENARD, INC. This ____day of ________ , 2017 by:___________________________ Theron J. Berg Real Estate Manager THIS INSTRUMENT DRAFTED BY: Josh Melder Corporate Counsel 5101 Menard Drive Eau Claire, WI 54703 Phone: (715) 876-2309 Fax: (715) 876-5998 Grand Island Council Session - 11/14/2017 Page 190 / 479 16 Exhibit A Property Grand Island Council Session - 11/14/2017 Page 191 / 479 17 Exhibit B Grand Island Council Session - 11/14/2017 Page 192 / 479 18 Exhibit C POST CLOSING AGREEMENT This Post-Closing Agreement (“Agreement”) entered into by and between the City of Grand Island hereinafter referred to as (‘Seller”), and Menard, Inc. hereinafter referred to as (“Purchaser”). RECITALS WHEREAS, on _______________, 20__ (“Closing Date”) the parties completed the sale of land located at 2003 Ebony Lane, Grand Island, NE (the “Property”) according to the terms of the Purchase and Sale Agreement between City and Purchaser effectively dated _______________, 20__, as amended (“Purchase Agreement”). WHEREAS, as of the Closing Date, Seller needs additional time after the Closing Date to allow for the construction of the new fire station and to fully remove all personal property and themselves from the Property. WHEREAS, in exchange for Purchaser’s willingness to allow Seller to stay at the Property post-closing, the parties now desire to enter into this Agreement subject to the terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties hereto, Seller and Purchaser hereby agree as follows: 1.Recitals. The Recitals hereinabove are true and correct and incorporated herein. 2. Capitalized Terms. All capitalized terms used herein and not otherwise defined herein shall have the same meaning ascribed thereto in the Purchase Agreement. 3.Post-Occupancy. The Seller shall have the right to remain at the Property until 45 days, after Purchaser’s completion of its construction of the new fire station referenced in the Development Agreement between the Parties under the following conditions: a)Seller shall be responsible for any and all costs of continuing occupancy including all real estate taxes, utilities, or other costs of any nature. Seller shall maintain through the term of this Agreement, liability insurance, at- risk insurance and personal property insurance. b)Purchaser shall have no obligation to repair and maintain the premises prior to and during Seller’s occupancy and Seller shall maintain the premises at current levels except for the portion to be used by Purchaser. c)Seller shall remove all personal property by the date specified herein. On the date Seller vacates the Property, the Property shall be free of refuse, Grand Island Council Session - 11/14/2017 Page 193 / 479 19 trash and debris and the Improvements shall be in a “broom clean” condition d)In the event Seller fails to vacate the premises on or before the date set forth herein, Purchaser shall be entitled to payment for any costs or damages including attorney fees relating to the removal of Seller, its tenants and Seller’s and tenant’s property as required under this Agreement. e) At the completion of this Agreement, Seller shall turn over, to Purchaser, all keys, garage door openers, security codes, and all other items that allow access to the premises. 4. Damages. If Seller fails to complete their obligations under this Agreement, Purchaser shall be allowed to collect actual damages, including attorney’s fees, incurred in rectifying such failure from Seller. 5.Indemnity. Seller shall indemnify, defend and hold harmless Purchaser from and against any and all judgments, actions, liens, loss, damages, penalties, fines, liabilities, expenses (including attorneys’ fees) and claims in connection with any activity performed under this Agreement by or at the instance of Seller. 6.Facsimile. Any facsimile, electronic, telecopy or other reproduction of this Agreement may be executed by the parties and shall be considered valid, binding and effective for all purposes. At the request of any party, the parties hereto agree to execute an original of this Agreement as well as any facsimile, email, electronic, telecopy or other reproduction hereof. 7.Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute one instrument. 8. Effective Date. This Agreement shall become effective as of the date of final execution. [Signatures to Appear on Following Pages] Grand Island Council Session - 11/14/2017 Page 194 / 479 20 IN WITNESS WHEREOF, the party hereto has executed this instrument. EXECUTED ON: This ____ day of _________, 20__ SELLER: City of Grand Island By: _______________________________ Name:Jeremy L. Jensen Its:Mayor EXECUTED ON: This ____ day of ________, 20__ PURCHASER: Menard, Inc. By: ________________________________ Name:Theron J. Berg Its:Real Estate Manager Grand Island Council Session - 11/14/2017 Page 195 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney ORDINANCE NO. 9666 An ordinance approving a Purchase - Sale Agreement for the conveyance of property between the City of Grand Island (“City”) and Menard, Inc., a Wisconsin corporation (“Purchaser”); providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The Purchase - Sale Agreement between City and Purchaser is hereby approved and authorized with respect to City’s conveyance to Purchaser the following described real estate utilized by the City as Fire Station No.4 located at 3690 West State Street, Grand Island, to wit: Lot One in State Subdivision in the City of Grand Island, Hall County, Nebraska (the “Property”). SECTION 2. In consideration for such conveyance the Purchaser shall pay $103,015.00 cash consideration at closing and, as additional consideration, within two years of closing Purchaser shall construct and convey to City a new fire station pursuant to construction plans and specifications and a development agreement as mutually agreed to by City and Purchaser prior to closing. The Purchaser will be responsible for the costs of recording the deed, title insurance, and closing costs. Conveyance of the real estate above described shall be by warranty deed pursuant to the terms and conditions of the Purchase - Sale Agreement between City and Purchaser. Grand Island Council Session - 11/14/2017 Page 196 / 479 ORDINANCE NO. 9666 (Cont.) 2 SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance petition against such conveyance is signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular city election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. Contingent upon City and Purchaser mutually agreeing upon construction plans, specifications and a development agreement prior to closing, the conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor may make, execute and deliver to Menard, Inc., a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 11/14/2017 Page 197 / 479 ORDINANCE NO. 9666 (Cont.) 3 Enacted: November 14, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 198 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-1 Approving Minutes of October 24, 2107 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/14/2017 Page 199 / 479 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 24, 2017 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on October 24, 2017. Notice of the meeting was given in The Grand Island Independent on October 18, 2017. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Officials were present: City Clerk RaNae Edwards, Finance Director Renae Jimenez, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Patrick Tum-Monge. INVOCATION was given by Father Jim Golka, St. Mary’s Cathedral, 204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement - 111 East 4th Street - LaMexicana. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 111 East 4th Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to extend, operate and maintain an underground power line and a pad-mounted transformer to serve the property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - the Southerly Side of 2311 One-R Road - DMBG Investments, LLC. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located on the southerly side of 2311 One-R Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to extend, operate and maintain power lines for irrigation wells and homesteads in the area. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 1700 W. Stolley Park Road - Hall County School Dist. 2. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1700 West Stolley Park Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to extend, operate and maintain high-voltage underground power lines and a pad-mounted transformer for the new elementary school. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 11/14/2017 Page 200 / 479 Page 2, City Council Regular Meeting, October 24, 2017 Public Hearing on Redevelopment Plan Amendment for CRA Area No. 6 located along Old Lincoln Highway between Carey and Waldo Avenues (Mendez Enterprises). Regional Planning Director Chad Nabity reported that Mendez Enterprise had submitted an application for Tax Increment Financing to aid in the redevelopment of property, to acquire and prepare for the construction of one new building and the renovation of several properties located along Old Lincoln Highway between Carey Avenue and Waldo Avenue. Staff recommended approval. Ken Fredrick, 51 Sonja Drive, Doniphan and Vincent Mendez, 116 So. Cherokee Avenue spoke in support. No further public testimony was heard. Public Hearing on Redevelopment Plan Amendment for CRA Area No. 20 located at 7100 W. Old Potash Highway (formerly used defense site in Hall County) (O’Neill Wood Resources). Regional Planning Director Chad Nabity reported that O’Neill Wood Resources, owns property in this area and was proposing to purchase and develop additional property within the area and had submitted a site specific redevelopment plan that would provide for acquisition of this property for a recycling center and construction and demolition landfill at the Cornhusker Army Ammunition Plant, a formerly used defense site outside of Grand Island. Staff recommended approval. Ron Depue, 308 No. Locust Street and Dave Taylor, 123 No. Locust Street spoke in support. No further public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9655 - Consideration of Amending the Salary Ordinance #9656 - Consideration of Amending Chapter 5 of the Grand Island City Code Relative to Mini-Pigs #9657 - Consideration of Property Exchange for Part of Sterling Estates 8th Subdivision for Part of Sterling Park in Sterling Estates 4th Subdivision #9658 - Consideration of Vacating Ewoldt Subdivision for Part of Prairie Commons Subdivision #9659 - Consideration of Amending Ordinance No. 9642 Chapter 23 of the Grand Island City Code - Rental Car Occupation Tax to Renumber Sections 23-81 through 23-91 #9660 - Consideration of Creation of Water Main District 471T - Highway 34 and just east of the South Locust Street Intersection #9661 - Consideration of Amending Chapter 8 of the Grand Island City Code Relative to Adopting the 2015 International Building Codes be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9655 - Consideration of Amending the Salary Ordinance Grand Island Council Session - 11/14/2017 Page 201 / 479 Page 3, City Council Regular Meeting, October 24, 2017 Tom O’Neill, 217 Barbara Avenue spoke in support. Motion by Donaldson, second by Fitzke to approve Ordinance #9655 on second and final reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9655 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9655 is declared to be lawfully adopted upon publication as required by law. #9656 - Consideration of Amending Chapter 5 of the Grand Island City Code Relative to Mini-Pigs City Attorney Jerry Janulewicz reported that a citizen of Grand Island was found to be in possession of a mini-pig in violation of City Code. This citizen forwarded a request to the Animal Advisory Board to change City Code to allow citizens to have mini-pigs within the city limits. The Animal Advisory Board met and proposed changes to Chapter 5 of the Grand Island City Code to include mini-pigs in the City Code with stipulations. Rose Krause, 408 East 19th Street and Paul Wicht, 1708 Jerry Avenue spoke in opposition. Angela Alexander, 423 West 5th Street spoke in support. Comments were made regarding other cities in Nebraska that allowed mini pigs. It was mentioned that the Humane Society would not be able to handle these types of animals nor did they want to at this time. City Attorney Jerry Janulewicz commented on the definition of mini pigs. Motion by Nickerson, second by Minton to approve Ordinance #9656. City Clerk: Ordinance #9656 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember Nickerson voted aye. Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, and Stelk voted no. Motion failed. #9657 - Consideration of Property Exchange for Part of Sterling Estates 8th Subdivision for Part of Sterling Park in Sterling Estates 4th Subdivision Regional Planning Director Chad Nabity reported that the proposed exchange would insure that clear title was available for the Sterling Estates Park and for Lot 6, Block 2 and Lot 12, Block 1 of Sterling Estates 8th Subdivision as platted. Motion by Haase, second by Paulick to approve Ordinance #9657 on second and final reading. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 11/14/2017 Page 202 / 479 Page 4, City Council Regular Meeting, October 24, 2017 City Clerk: Ordinance #9657 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9657 is declared to be lawfully adopted upon publication as required by law. #9658 - Consideration of Vacating Ewoldt Subdivision for Part of Prairie Commons Subdivision Regional Planning Director Chad Nabity reported that Prataria Ventures LLC, as the owner of the impacted property had requested that the City vacate Ewoldt Subdivision. This request was made to facilitate the replatting of this property into Prairie Commons Subdivision.. Motion by Stelk, second by Donaldson to approve Ordinance #9658 on second and final reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9658 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9658 is declared to be lawfully adopted upon publication as required by law. #9659 - Consideration of Amending Ordinance No. 9642 Chapter 23 of the Grand Island City Code - Rental Car Occupation Tax to Renumber Sections 23-81 through 23-91 City Attorney Jerry Janulewicz reported that Ordinance #9659 would amend Ordinance #9642 to correct the numbering of Sections 23-81 to 23-91. Motion by Paulick, second by Hehnke to approve Ordinance #9659 on second and final reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9659 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9659 is declared to be lawfully adopted upon publication as required by law. #9660 - Consideration of Creation of Water Main District 471T - Highway 34 and just east of the South Locust Street Intersection Grand Island Council Session - 11/14/2017 Page 203 / 479 Page 5, City Council Regular Meeting, October 24, 2017 Utilities Director Tim Luchsinger reported that the proposed Water Main District 471T would extend a new water main under and along the north side of Highway 34, east of the Locust Street intersection. The proposed work was identified in the Utilities Department’s Master Plan as the first phase of an expansion of the water system along the southeast part of the City. It would provide for future development of the area, redundancy and increased pressures for the system. The district would be constructed as a connection fee district. Discussion was held regarding the location of the district which included apartments. Motion by Jones, second by Donaldson to approve Ordinance #9660. City Clerk: Ordinance #9660 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9660 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9660 is declared to be lawfully adopted upon publication as required by law. #9661 - Consideration of Amending Chapter 8 of the Grand Island City Code Relative to Adopting the 2015 International Building Codes Building Department Director Craig Lewis reported that the City of Grand Island had for generations adopted and enforced building codes which regulate the construction of buildings within the City and jurisdictional areas. The purpose of these codes was to provide minimum requirements to safeguard the public safety, health and general welfare, through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conversation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Currently the City was enforcing the 2012 edition and was recommending approving the 2015 edition. Motion by Minton, second by Hehnke to approve Ordinance #9661. City Clerk: Ordinance #9661 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9661 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 11/14/2017 Page 204 / 479 Page 6, City Council Regular Meeting, October 24, 2017 Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9661 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Donaldson, second by Paulick to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 10, 2107 City Council Regular Meeting. Approving Appointment of Robin Hendricksen to the Regional Planning Commission. Approving Appointment of Tony Randone and Robin Hendricksen to the Interjurisditional Planning Commission. Approving Re-Appointment of Roger Bullington to the Grand Island Facilities Corporation. #2017-290 – Approving Changing the City Council Meeting of December 26, 2017 to December 19, 2017. #2017-291 - Approving City Council Meeting Schedule for 2018. #2017-292 - Approving Final Plat and Subdivision Agreement for Staab Estates Subdivision. It was noted that Chief Construction, Managing Project for several Staab companies, had submitted the Final Plat and Subdivision Agreement for Staab Estates Subdivision located south of Hedde Street and west of Locust Street for the purpose of creating 2 lots on 2.756 acres. #2017-293 - Approving Acquisition of Utility Easement - 111 E. 4th Street – LaMexicana. #2017-294 - Approving Acquisition of Utility Easement - the Southerly Side of 2311 One-R Road - DMBG Investments, LLC. #2017-295 - Approving Acquisition of Utility Easement - 1700 W. Stolley Park Road - Hall County School Dist. 2. #2017-296 - Approving Safety Glass Contract for Utilities, Public Works & Parks & Recreation for 2018 & 2019 with Heartland Optical of Lincoln, Nebraska. #2017-297 - Approving Change Order #1 for Composite Elevated Water Storage with Landmark Structures of Fort Worth, Texas for an Increase of $102,255.00 and a Revised Contract Amount of $3,556,455.00. #2017-298 - Approving 2018 Police Fleet Purchases from State Contract with Anderson Auto Group of Lincoln, Nebraska in an Amount of $116,576.00. #2017-299 - Approving Land Lease Agreement with USA Outdoors II, LLC for Roadside Advertising Sign. Grand Island Council Session - 11/14/2017 Page 205 / 479 Page 7, City Council Regular Meeting, October 24, 2017 #2017-300 - Approving Certificate of Final Completion for the 2017 Asphalt Resurfacing Project No. 2017-AC-1 with Vont Paving, Inc. of Hastings, Nebraska. #2017-301 - Approving Skid Steer Buy-Back for Streets Division with Central Nebraska Bobcat of Grand Island, Nebraska in an Amount of $5,914.00 for a New T650 T4 Compact Track Loader at $3,300.00 for a New T595 T4 Compact Track Loader. #2017-302 - Approving Engineering Services Agreement for Wastewater Treatment Plant Biological Nutrient Removal / Blower Size Reduction Study with HDR Engineering, Inc. of Omaha, Nebraska in an Amount of $206,429.00. #2017-303 - Approving Subrogation Reimbursement with Blue Cross Blue Shield of Nebraska. RESOLUTIONS: #2017-304 - Consideration of Approving Redevelopment Plan Amendment for CRA Area No. 6 located along Old Lincoln Highway between Carey and Waldo Avenues (Mendez Enterprises). This item was related to the aforementioned Public Hearing. Staff recommended approval. Discussion was held regarding the financing package of this project. Timeline of the project was estimated at two years. Motion by Haase, second by Minton to approve Resolution #2017-304. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. Council recessed at 8:58 p.m. and reconvened at 9:05 p.m. #2017-305 - Consideration of Approving Redevelopment Plan Amendment for CRA Area No. 20 located at 7100 W. Old Potash Highway (formerly used defense site in Hall County) (O’Neill Wood Resources). This item was related to the aforementioned Public Hearing. Staff recommended approval. Pat O’Neill, owner, answered questions concerning the types of materials accepted at the landfill and the recyclable buildings. Timeline was expected to be 18 months for the first phase. Motion by Haase, second by Minton to approve Resolution #2017-305. Upon roll call vote, all voted aye. Motion adopted. #2017-306 - Consideration of Approving Bid Award for Grand Island Veteran's Athletic Fields - Phase 2 with Nemaha Landscape Construction, Inc. of Lincoln, Nebraska in an Amount of $5,577,348.00. Parks & Recreation Director Todd McCoy stated this project had been in the works for a long time. Olsson Associates had been hired to design the Veteran’s Athletic Fields. Reviewed was the design with six new ball fields, concession stand, restrooms, walking trails, and a splash pad. Three bids had been received with the low bid from Nemaha Landscape Construction, Inc. of Lincoln, Nebraska in an amount of $5,577,348.00. Grand Island Council Session - 11/14/2017 Page 206 / 479 Page 8, City Council Regular Meeting, October 24, 2017 Ken Gnadt, 1610 Gretchen Avenue spoke in support. Matt Rief with Olsson Associates explained the contingency plan for additional parking. Finance Director Renae Jimenez answered questions concerning the funding of this project. She stated the annual payment of $550,000.00 would come from the Food & Beverage tax. Mr. McCoy stated he would need to hire one additional FTE and three seasonal employees for the maintenance of these fields. Motion by Nickerson, second by Fitzke to approve Resolution #2017-306. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. #2017-307 - Consideration of Approving Bid Award for Veteran's Athletic Field Complex Splash Pad with Outdoor Recreation Products of Elkhorn, Nebraska in an Amount of $150,000.00. Parks & Recreation Director Todd McCoy stated one bid had been received for this project. Motion by Donaldson, second by Paulick to approve Resolution #2017-307. Upon roll call vote, all voted aye. Motion adopted. #2017-247 - Consideration of Directing Property Owner to Install Sidewalk at 4194 Norseman Avenue (Federal Home Loan Mortgage Corp.). Public Works Director John Collins reported that the Public Works had received a complaint regarding missing sidewalk on the west side of 4194 Norseman Avenue. On September 12, 2017 this issue was presented to Council and was differed to the October 24, 2017 City Council meeting. To comply with requirements of the Subdivision agreement the Public Works Department was requesting a resolution giving the property owner 15 days to obtain the sidewalk permit and 15 days from issuance to complete the installation of the sidewalk at 4194 Norseman Avenue. If the property owner failed to either obtain the sidewalk permit in the 15 day timeframe or complete installation 15 days after, the City of Grand Island would take steps to make the necessary repairs with all costs being the responsibility of the property owner. Discussion was held regarding there being no sidewalks north to Capital Avenue. Building Department Director Craig Lewis commented on the Subdivision Agreement and that Council could amend the Subdivision Agreement or could require that sidewalks be put in along Independence Avenue. Motion by Minton, second by Jones to approve Resolution #2017-247. Upon roll call vote, Councilmembers Steele, Donaldson, Hehnke, Haase, and Nickerson voted aye. Councilmember Paulick, Minton, Fitzke, Jones, and Stelk voted no. Mayor Jensen cast the sixth and deciding vote in favor. Motion adopted. Grand Island Council Session - 11/14/2017 Page 207 / 479 Page 9, City Council Regular Meeting, October 24, 2017 PAYMENT OF CLAIMS: Motion by Minton, second by Fitzke to approve the payment of claims for the period of October 1, 2017 through October 24, 2017 for a total amount of $5,851,972.36. Upon roll call vote, Councilmembers, Minton, Steele, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick abstained. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/14/2017 Page 208 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-2 Approving Minutes of November 7, 2017 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 11/14/2017 Page 209 / 479 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 7, 2017 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on November 7, 2017. Notice of the meeting was given in the Grand Island Independent on November 1, 2017. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Julie Hehnke was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Assistant Finance Director William Clingman, City Attorney Jerry Janulewicz and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Shelby Hees. INVOCATION was given by Community Youth Council member Shelby Hees followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: OpenGov Presentation. Assistant Finance Director William Clingman introduced Jason Carian and Charlie Francis representing OpenGov. Mr. Carian presented a PowerPoint explaining the OpenGov program. He stated OpenGov was the leader in government performance management, with easy-to-use cloud software for better budgeting, improved operational intelligence, and comprehensive open data. The program gives governments the right tools and relevant data for more informed decision-making and better outcomes for the public. OpenGov provided one solution for budgeting across the organization, optimizing internal and external reporting, and sharing performance measures. Reviewed was the budget program. Mr. Francis commented on his experience in using this program while he was a Finance Director in California. He answered questions regarding future forecasting. Discussion was held regarding the accessibility of information for the Council and/or the public. Mr. Carian stated it could be set up for both. Mr. Clingman stated the preliminary budget book would be accessible in real time. Mr. Carian stated the interface with our current system would take approximately 6 to 8 weeks. Mr. Clingman stated this system would save staff time, allow more tools for everyone to use, and more accurate information. The first year cost for this system would cost $55,264.70. Husker Harvest Days Project. City Administrator Marlan Ferguson reported that Husker Harvest Days was the World’s Largest Totally Irrigated Working Farm Show and had been in Grand Island for 40 years. They were experiencing infrastructure issues, lot size issues and lack of Grand Island Council Session - 11/14/2017 Page 210 / 479 Page 2, City Council Study Session, November 7, 2017 modern facility issues which amounted to 7 million dollars in upgrades. They had asked the City to contribute 2 million dollars of the Food and Beverage tax towards the upgrades. The economic impact of this show was estimated to be 7.5 million annually. Farm Progress was committed and ready to start on the upgrades as soon as they were assured of the City’s participation. It was determined that the best legal process for the City to contribute funds would be for the City to approve a redevelopment plan for the project and enter into an Interlocal Agreement with the Community Redevelopment Authority (CRA) to provide partial funding for the project. Regional Planning Director Chad Nabity stated as proposed the Interlocal Agreement would authorize the City to contribute up to $200,000 per year for 10 years beginning in fiscal year 2019 to the CRA and the CRA would pay those funds to Farm Progress to cover up to $2,000,000 of the costs of the proposed improvements at the site. The CRA would enter into a redevelopment contract with Farm Progress for a period of 20 years. Farm Progress would agree to continue to hold at least one 3 day farm show on the site for a 20 year period and the CRA would forgive $100,000 of the $2,000,000 investment for each year that a show is held. The CRA would hold a lien on the Farm Progress property at the Cornhusker Army Ammunition Plant to protect the City and the CRA in the event that the show is canceled prior to the 20 year term of the contract. City Attorney Jerry Janulewicz reported on the legal authority to expend city funds in support of a community redevelopment authority project located beyond the corporate boundaries of the city. Nebraska State Statutes allowed this to happen. David Plautz, 4063 Manchester Road spoke in support for Husker Harvest Days but opposed using tax money for this project. Comments were made by Council on the economic impact to our community from Husker Harvest Days. Discussion was held regarding the Food & Beverage Tax and what it could be used for. A lengthy discussion was held concerning Farm Progress and its corporate headquarters. Ray O’Connor, 611 Fleetwood Road spoke in support of Husker Harvest Days and the investment to Grand Island. Council recessed at 8:40 p.m. and reconvened at 8:46 p.m. Fire Station No. 4 Relocation/Emergency Management Center Land Lease Purchase. City Administrator Marlan Ferguson reported that Menard, Inc. would like to expand their facility to include our existing Fire Station #4, which was located adjacent to the southwest corner of their property. They proposed an agreement whereby they would assist the City in purchasing property or provide property and construct a new fire station to the specifications agreed to by both parties. After review the Fire Department determined that the ideal location for a replacement would be near 13th Street and North Road. Grand Island Council Session - 11/14/2017 Page 211 / 479 Page 3, City Council Study Session, November 7, 2017 This past spring a 20 acre tract of vacant land came up for sale at 13th Street and North Road. Ray O’Connor was interested in purchasing the property for a 1031 land exchange and would sell to the city as much of the property as we would want at the price he purchased it. Staff is recommending purchasing 3.7+ acres and retaining the right to purchase an additional 5 acres for future city purpose. Fire Chief Cory Schmidt reported on response times from the 13th Street and North Road location. Update on North Road and 13th Street Improvements; Project No. 2018-P-1. Public Works Director John Collins reported that roadway improvements along 13th Street from Moores Creek to North Road, as well as intersection improvements at 13th Street and North Road were planned. This project would get much needed drainage improvements to the 13th Street and North Road intersection which do not exist today. The North Road and 13th Street Improvements would support both the relocation of Fire Station No. 4 and the Emergency Center by providing improved traffic flow and drainage for the area. Presented was a design for a roundabout at the 13th Street and North Road intersection. Ray O’Connor commented on the 1031 exchange, the lease agreement, and the additional 5 acres available. Fire Chief Schmidt answered questions regarding the roundabout at this location with regards to calls and equipment size. City Attorney Jerry Janulewicz explained that the City would sell the property at Fire Station No. 4 to Menards for the purchase of 3.7+ acres of property at the 13th Street and North Road location from Ray O’Connor. Menards would then build a new fire station at the new location. These items would be on the November 14, 2017 City Council meeting. ADJOURNMENT: The meeting was adjourned at 9:26 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/14/2017 Page 212 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-3 Approving Re-Appointment of Hector Rubio to the Interjurisdictional Planning Commission Mayor Jensen has submitted the re-appointment of Hector Rubio to the Interjurisditional Planning Commission. The appointment would become effective December 1, 2017 upon approval by the City Council and would expire on November 30, 2018. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 11/14/2017 Page 213 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-4 #2017-308 - Approving Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I & J for a Class “C” Liquor License and Liquor Manager Designation for Nicholas Papke, 727 So. Blaine Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 11/14/2017 Page 214 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-308 WHEREAS, an application was filed by Bearded Buffalo Golf, LLC doing business as Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on November 4, 2017; such publication cost being $18.49; and WHEREAS, a public hearing was held on November 14, 2017 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Nicholas Papke, 727 So. Line Street as liquor manager of such business contingent upon completion of a state approved server/training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 215 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-5 #2017-309 - Approving Contract with OpenGov Staff Contact: Renae Jimenez Grand Island Council Session - 11/14/2017 Page 216 / 479 Council Agenda Memo From:Renae Jimenez, Finance Director Meeting:November 14, 2017 Subject:Approving Contract with OpenGov Presenter(s):Renae Jimenez, Finance Director Background On a yearly basis, the City of Grand Island prepares an annual budget. The results of this process is a budget for the City that is adopted by the City Council, a budget document that is filed with the State of Nebraska and a budget book compiled by the Finance Department for internal and external use. Discussion The budget process for the next year typically begins about halfway through the current budget year. It begins with a copy of the prior year budget that departments then adjust to what they believe will be needed the following year. The budgets drafted by each department are then reviewed by Administration and the Finance Department. After this step several additional steps can occur; including, but not limited to, formal budget reviews with each department, additional requests for cuts by Administration, committee reviews by Council and public discussions of various budget aspects. After all of this, a budget is presented to the City Council for approval, which can always be further amended after the necessary votes are taken. Throughout this entire process multiple versions of the budget will be created, not only in total, but also at the department levels. The OpenGov product will push the creation of these various versions into a more streamlined process. Departments will be able to create multiple versions of their budget, each taking into account the variables that need to be considered, but also maintaining those variables that do not need to change. Then the final version for each department will move through a formal approval process that maintains an easily accessible log of what changes have been made. It will also prevent changes from being unknowingly made after approval has occurred. The tool will also provide access to the budget by the City Council and produce easy to read reports that can be shared with the public. At any point during the budgeting process a budget book can be produced from the OpenGov product. This budget book program maintains data integrity with one set of data that is used throughout the budget book. It will also save hundreds of work hours spent on updating and tying out the numerous spreadsheets and excel documents that currently make up the budget book. These hours are not only saved in the Finance Grand Island Council Session - 11/14/2017 Page 217 / 479 department, but in all departments. As each department has several touchpoints throughout the budget book. The budget book tool will allow for a budget book to be produced in a more timely fashion and at any point during the budgeting process after each department has submitted a budget for approval. The OpenGov product that is being proposed for approval will not only streamline the budgeting process for the City of Grand Island, but it will better maintain data integrity throughout the entire process. It will also free up hundreds of hours from all departments to perform tasks that are more value adding to the overall mission of the City of Grand Island. Finally, the product will provide easy to read reports and budgeting tools to the City Council and City staff. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve the contract with SHI International for the OpenGov budgeting and budget book products. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 218 / 479   Pricing Proposal Quotation #:  14373153 Created On:  11/2/2017 Valid Until:  11/30/2017   City of Grand Island  Inside Account Manager   William Clingman 100 E 1st St PO Box 1968 Grand Island, NE 68802 United States Phone:  Fax:  Email:williamc@grand-island.com   Alyssa Benson 290 Davidson Ave Somerset, NJ 08873 Phone: 888-591-3400 Fax:877-289-6088 Email:EdGov@shi.com All Prices are in US Dollar (USD)   Product Qty Your Price Total   1 OpenGov Budget Book powered by Wdesk     OpenGov - Part#: OG-WDSK-B100200M-RR-5Y     Contract Name: NASPO ValuePoint - Cloud Solutions     Contract #: AR2488     Subcontract #: 79380 O4     Coverage Term: 12/1/2017 – 11/30/2018 1 $19,500.00 $19,500.00   2 OpenGov Budget Book powered by Wdesk - Standard On-Boarding Package     OpenGov - Part#: OG-WDSKIMS-U1B-NR-0Y     Contract Name: NASPO ValuePoint - Cloud Solutions     Contract #: AR2488     Subcontract #: 79380 O4 1 $3,100.00 $3,100.00   3 OpenGov Budget Builder     OpenGov - Part#: OG-BB-B100200M-RR-5Y     Contract Name: NASPO ValuePoint - Cloud Solutions     Contract #: AR2488     Subcontract #: 79380 O4     Coverage Term: 12/1/2017 – 11/30/2018 1 $25,724.70 $25,724.70   4 OpenGov ERP Strategic Integrations - GA     OpenGov - Part#: OG-SERPING-B100200M-RR-1Y     Contract Name: NASPO ValuePoint - Cloud Solutions     Contract #: AR2488     Subcontract #: 79380 O4     Coverage Term: 12/1/2017 – 11/30/2018 1 $3,720.00 $3,720.00   5 Platform and Budget Builder Deployment Package     OpenGov - Part#: OG-PBBD-B100200M-NR-0Y     Contract Name: NASPO ValuePoint - Cloud Solutions     Contract #: AR2488     Subcontract #: 79380 O4 1 $3,240.00 $3,240.00   Subtotal $55,284.70 Shipping $0.00 Total $55,284.70 Grand Island Council Session - 11/14/2017 Page 219 / 479 Additional Comments **This is a 5 year contract, the future annual payments will be $48,944.70** The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHI and the Customer. Grand Island Council Session - 11/14/2017 Page 220 / 479 STATE OF NEBRASKA SERVICE CONTRACT AWARD State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, Nebraska 68508 PAGE 1 of 1 BUSINESS UNIT 65060031 VENDOR NUMBER: 2574796 VENDOR ADDRESS: SHI INTERNATIONAL CORP 290 DAVIDSON AVE SOMERSET NJ 08873-4145 ORDER DATE 10/04/17 BUYER NANCY STORANT AS Telephone: (402) 471-6500 Fax: (402) 471-2089 CONTRACT NUMBER 79380 04 AN AWARD HAS BEEN MADE TO THE VENDOR/CONTRACTOR NAMED ABOVE FOR THE SERVICES AS LISTED BELOW FOR THE PERIOD: OCTOBER 04, 2017 THROUGH SEPTEMBER 16, 2026 THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA. Supply and delivery of Cloud Services for the State of Nebraska per the following Contract information and attached Participating Addendum. The State Purchasing Bureau encourages state agencies to contact the Office of the CIO to learn more about these services. The Purchase Order must include the State of Nebraska NASPO ValuePoint Contract #79380 04 and the SHI International Corporation NASPO ValuePoint Master Agreement Number AR2488. Political Subdivisions are responsible for processing Purchase Orders directly with the contracted vendor. (For the File: This RFP and Contract are bid and awarded by the State of Utah. All backup bids, etc., are retained by the State of Utah, State Procurement Office.) (For the File: The NASPO ValuePoint/SHI International Corporation. Master Price Agreement contract period was effective on September 2, 2016. The NASPO ValuePoint/SHI International Corporation Participating Addendum became effective on October 4, 2017. (we 10/4/17) Line Description ESTIMATED Unit of Quantity Measure 1 CLOUD SERVICES 4,000,000.0000 $ Total Order Unit Price 1.0000 Extended Price 4,000,000.00 4,000,000.00 R435001NISK00021NISKOD02 20150901 Grand Island Council Session - 11/14/2017 Page 221 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah Master Agreement#: AR2488 NASPO Value Point Contractor: SHI INTERNATIONAL CORP. Participating Entity: STATE OF NEBRASKA State Of Nebraska Participating Addendum Contract #79380 04 The following products or services are included in this contract portfolio: • All products and accessories listed on the Contractor page of the NASPO Va/uePoint website. Master Agreement Terms and Conditions: 1. Scope: This addendum covers Cloud Solutions led by the State of Utah for use by state agencies and other entities located in the Participating State [or State Entity] authorized by that State's statutes to utilize State contracts with the prior approval of the State's Chief Procurement Official. 2. Participation: This NASPO ValuePoint Master Agreement may be used by all state agencies, institutions of higher education, political subdivisions and other entities authorized to use statewide contracts in the State of Nebraska. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Access to Cloud Solutions Services Requires State CIO Approval: Unless otherwise stipulated in this Participating Addendum, specific services accessed through the NASPO ValuePoint cooperative Master Agreements for Cloud Solutions by state executive branch agencies are subject to the authority and prior approval of the State Chief Information Officer's Office. The State Chief Information Officer means the individual designated by the state Governor within the Executive Branch with enterprise-wide responsibilities for leadership and management of information technology resources of a state. 4. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name: Nick Grappone Address: 290 Davidson Avenue Somerset, NJ 08873 Telephone: 732-564-8180 Fax: Email: nick.grappone@shi.com Page 1 of 11 Grand Island Council Session - 11/14/2017 Page 222 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah Prr· t" E ft a 1c1oa ina n llV Name: Nancy Storant Address: 1526 K Street, Suite 130, Lincoln, NE 68508 Telephone: 402-471-0974 Fax: 402-4 71-2089 Email : Nancv. Storanttalnebras ka. aov NASPO Value Point 5. PARTICIPATING ENTITY MODIFICATIONS OR ADDITIONS TO THE MASTER AGREEMENT These modifications or additions apply only to actions and relationships within the Participating Entity. Participating Entity must check one of the boxes below. LJ No changes to the terms and conditions of the Master Agreement are required. [XX] The following changes are modifying or supplementing the Master Agreement terms and conditions. A. CONTRACT PERIOD October 4, 2017 through September 16, 2026. B. DRUG POLICY Contractor certifies that it maintains a drug free workplace environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy upon request of its drug free workplace policy at any time upon request by the State. c. NE ACCESS TECHNOLOGY STANDARDS Contractor shall review the Nebraska Technology Access Standards, found at http://nitc.nebraska.gov/standards/2-201.html and will inform the State if the products and/or services provided under the contract are in compliance or will comply with the applicable standards to the greatest degree possible. In the event such standards change during the Contractor's performance, the State may create an amendment to the contract to request that contract comply with the changed standard at a cost mutually acceptable to the parties. o. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT/ NONDISCRIMINATION The Contractor shall comply with all applicable local, state, and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of the State of Nebraska, and their Page 2 of 11 Grand Island Council Session - 11/14/2017 Page 223 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah NASPO Value Point Subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions, compensation, or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. §§ 48-1101 t 48-1125). The Contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor shall insert a similar provision in all subcontracts for Services to be covered by any contract. E. PERMITS, REGULATIONS, LAWS The Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of the contract. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations. F. COOPERATION WITH OTHER CONTRACTORS The State may already have in place or choose to award supplemental contracts related to this contract or any portion thereof. 1. The State reserves the right to award the contract jointly between two or more potential Contractors, if such an arrangement is in the best interest of the State. 2. The Contractor shall agree to cooperate with such other Contractors, and shall not commit or permit any act which may interfere with the performance of work by any other Contractor. 3. The State reserves the right to award multiple contracts or to award line by line contract. G. INDEPENDENT CONTRACTOR It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto. The Contractor represents that it has, or will secure at its own expense, all personnel required to perform the reseller services, i.e. sourcing and fulfilling the product ("Reseller Services") under the contract. The Contractor's employees and other persons engaged in Reseller Services required by the Contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the Contractor, its officers, or its agents) shall in no way be the responsibility of the State. The Contractor will hold the State harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights, or benefits from the State including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. Page 3 of 11 Grand Island Council Session - 11/14/2017 Page 224 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah H. CONTRACTOR RESPONSIBILITY NASPO Value Point The Contractor is solely responsible for fulfilling the contract, with responsibility for the resale of Products to be delivered. "Products" shall mean collectively third party software provided by Contractor. The Contractor shall be the sole point of contact regarding all contractual matters. 1. CONTRACT CONFLICTS Contractor shall insure that contracts or agreements with sub-contractors and agents, and the performance of Services in relation to this contract by sub-contractors and agents, does not conflict with this contract. J. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS The State may terminate the contract, in whole or in part, in the event funding is no longer available. The State's obligation to pay amounts due for fiscal years following the current fiscal year is contingent upon legislative appropriation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal years for which such funds are not appropriated. The State will give the Contractor written notice thirty (30) calendar days prior to the effective date of any termination, and advise the Contractor of the location of any related equipment. All obligations of the State to make payments after the termination date will cease and all interest of the State in any related equipment will terminate. In no event shall the Contractor be paid for a loss of anticipated profit. K. ASSIGNMENT BY THE STATE The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder. L. ATTORNEY'S FEES In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the parties agree to pay all expenses of such action, as permitted by law and if ordered by court, including attorney's fees and costs, if the State is the other party prevails. M. ADVERTISING The Contractor agrees not to refer to the contract award in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pertaining to the project shall not be issued without prior written approval from the State. Page 4 of 11 Grand Island Council Session - 11/14/2017 Page 225 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM NASPO Value Point CLOUD SOLUTIONS 2016-2026 Led by the State of Utah N. EARLY TERMINATION The contract may be terminated as follows: 1. The State and the Contractor, by mutual written agreement, may terminate the contract at any time. 2. The State, in its sole discretion, may terminate the contract for any reason upon thirty (30) calendar days written notice to the Contractor. Termination shall not relieve the Contractor of warranty or other obligations incurred under the terms of the contract. In the event of cancellation the Contractor shall be entitled to payment, for those products received and accepted by the State. 3. The State may terminate the contract immediately for the following reasons: a. if directed to do so by statute; b. Contractor has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mature, or has ceased operating in the normal course of business; c. a trustee or receiver of the Contractor or of any substantial part of the Contractor's assets has been appointed by a court; d. fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by its Contractor, its employees, officers, directors, or shareholders; e. an involuntary proceeding has been commenced by any party against the Contractor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) calendar days; or (ii) the Contractor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the Contractor has been decreed or adjudged a debtor; f. a voluntary petition has been filed by the Contractor under any of the chapters of Title 11 of the United States Code; g. Contractor intentionally discloses confidential information; h. Contractor has-or announces it will discontinue support or provision of the deliverable; i. second or subsequent documented "vendor performance report" form deemed acceptable by the State Purchasing Bureau; or j. Contractor engaged in collusion or ones' actions which could have provided Contractor an unfair advantage in obtaining this contract. o. BREACH BY CONTRACTOR The State may terminate the contract, in whole or in part, if the Contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the Contractor, allow the Contractor to cure a failure or breach of contract within a period of thirty (30) calendar days ( or longer at State's Page 5 of 11 Grand Island Council Session - 11/14/2017 Page 226 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah NASPO Va lue Point discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested, or in person with proof of delivery. Allowing the Contractor time to cure a failure or breach of contract does not waive the State's right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the goods from other sources and hold the Contractor responsible for any excess cost occasioned thereby. P. FORCE MAJEURE Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected party ("Force Majeure Event"). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The State may grant relief from performance of the contract if the Contractor is prevented from performance by a Force Majeure Event. The burden of proof for the need for such relief shall rest upon the Contractor. To obtain release based on a Force Majeure Event, the Contractor shall file a written request for relief with the State Purchasing Bureau. Labor disputes with the impacted party's own employees will not be considered a Force Majeure Event and will not suspend performance requirements under the contract. Q. PROHIBITION AGAINST ADVANCE PAYMENT Payments shall not be made until Products are received and accepted by the State. R. PAYMENT State will render payment to Contractor when the terms and conditions of the contract and specifications have been satisfactorily completed on the part of the Contractor as solely determined by the State. Payment will be made by the responsible agency in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. §§ 81-2401 through 81-2408). The State may require the Contractor to accept payment by electronic means such as ACH deposit. In no event shall the State be responsible or liable to pay for any goods provided by the Contractor under this contract prior to the Effective Date, and the Contractor hereby waives any claim or cause of action for any such claims. s. INVOICES Invoices for payments must be submitted by the Contractor to the agency requesting the Products with sufficient detail to support payment. The terms and conditions included in the Contractor's invoice shall be deemed to be solely for the convenience of the parties. No terms or conditions of any such invoice shall be binding upon the State, and no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State with respect to any such term Page 6 of 11 Grand Island Council Session - 11/14/2017 Page 227 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah NASPO Va lu ePoint or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract. T. TAXES The State is not required to pay taxes of any kind and assumes no such liability as a result of this solicitation. Any property tax payable on the Contractor's equipment which may be installed in a state-owned facility is the responsibility of the Contractor. u. SEVERABILITY If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid. v. PROPRIETARY INFORMATION Data contained in all documentation provided therein, become the property of the State of Nebraska and the data becomes public information. If the Contractor wishes to have any information withheld from the public, such information must fall within the definition of proprietary information contained within Nebraska's public record statutes. All proprietary information the Contractor wishes the State to withhold must be submitted in a sealed package, which is separate from the remainder of the contract, and provide supporting documents showing why such documents should be marked proprietary. The separate package must be clearly marked PROPRIETARY on the outside of the package. Pricing submitted may not be marked as proprietary information. Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, Contractors submitting information as proprietary may be required to prove specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Although every effort will be made to withhold information that is properly submitted as proprietary and meets the State's definition of proprietary information, the State is under no obligation to maintain the confidentiality of proprietary information and accepts no liability for the release of such information. w. INDEMNIFICATION 1. INTELLECTUAL PROPERTY Page 7 of 11 If a judgment or settlement is obtained or reasonably anticipated against the State's use of any intellectual property for which the Contractor has indemnified the State, the Contractor shall, at the Contractor's sole cost and expense, promptly Grand Island Council Session - 11/14/2017 Page 228 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM NASPO Value Point CLOUD SOLUTIONS 2016-2026 Led by the State of Utah modify the item or items which were determined to be infringing, acquire a license or licenses on the State's behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State's election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this Agreement. 2. PERSONNEL The Contractor shall, at its expense, indemnify and hold harmless the State from and against any claim with respect to, withholding taxes, worker's compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel, including subcontractor's and their employees, provided by the Contractor. 3. SELF-INSURANCE The State of Nebraska is self-insured for any loss and purchases excess insurance coverage pursuant to Neb. Rev. Stat. § 81-8,239.01 (Reissue 2008). If there is a presumed loss under the provisions of this agreement, Contractor may file a claim with the Office of Risk Management pursuant to Neb. Rev. Stat.§§ 81-8,829-81- 8,306 for review by the State Claims Board. The State retains all rights and immunities under the State Miscellaneous (Section 81-8,294), Tort (Section 81- 8,209), and Contract Claim Acts (Section 81-8,302), as outlined in Neb. Rev. Stat. § 81-8,209 et seq. and under any other provisions of law and accepts liability under this agreement to the extent provided by law. x. EMPLOYEE WORK ELIGIBILITY STATUS The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of an employee. If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at http://das.nebraska.gov/materiel/purchasing.html Page 8 of 11 The completed United States Attestation Form should be submitted with the Participating Addendum. Grand Island Council Session - 11/14/2017 Page 229 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah NASPO Value Point 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. Y. POLITICAL SUB-DIVISIONS Contractor may extend the Contract to political subdivisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by political subdivisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by political subdivisions or other public entities not authorized by Neb. Rev. Stat. § 81-145, listed as "all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations." A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts. z. REPORTS The Contractor shall also provide to the State of Nebraska primary contact person quarterly utilization reports containing information as set forth in the Master Agreement, which at a minimum, shall include the following information pertaining to State of Nebraska Utilization: 1. Purchase order number; 2. Description; 3. Quantity; and 4. Price These reports will be provided in Excel format as prescribed in the Master Agreement and sent via email on a quarterly basis as follows: Period End December 31 March 31 June 30 September 30 AA. ADMINISTRATIVE FEE /REBATE Report Due January 31 April 30 July 31 October 31 The Contractor agrees to provide a quarterly administrative fee in the form of a check. The fee will be payable to the State of Nebraska for an amount equal to .25 percent (.25%) of Page 9 of 11 Grand Island Council Session - 11/14/2017 Page 230 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah NASPO Value Point the net sales (net of any returns, credits, or adjustments under this Addendum) for the quarterly period. The Contractor's NASPO ValuePoint pricing to the State of Nebraska shall not be adjusted to offset for the equivalent fee amount. Payments shall be made in accordance with following schedule: Period End December 31 March 31 June 30 September 30 Fee Due January 31 April 30 July 31 October 31 The Contractor agrees to provide an Administrative Fee report, reflecting new sales to the State during the associated fee period. The report shall be in the format developed by the Lead State and as agreed to by the Contractor. The report will be provided in secure electronic format and/or submitted electronically to the State contact listed in the Addendum . BB. ADMINISTRATIVE FEE/REBATE REMITTANCE LOCATION All Administrative Fees/Rebates will be sent to the following address: State Purchasing Bureau c/o Central Finance, Administrative Services 1526 K Street, Suite 240 Lincoln, NE 68508 cc. CONTRACT MONITORING The Contractor is obligated under the NASPO ValuePoint Master Price Agreement to furnish audit information to the Lead State to confirm if the Purchasing Entity paid the discount price or lower in accordance with Attachment C1 -Pricing Submission Sheet. Upon request in support of an audit, Contractor agrees to provide the same information as submitted to the Lead State directly to the State .. Such requests shall not exceed four (4) per calendar year unless requests are mutually agreed to by both parties. 6. Subcontractors: All contactors, dealers, and resellers authorized by the State of Nebraska as shown on the dedicated Contractor (cooperative contract) website, are approved to provide sales and service support to participants in the NASPO ValuePoint Master Agreement. The contractor's dealer participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement. 7. Orders: Any order placed by a Participating Entity or Purchasing Entity for a product and/or service available from this Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the order agree in writing that another contract or agreement applies to such order. Page 1 O of 11 Grand Island Council Session - 11/14/2017 Page 231 / 479 NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah NASPO Value Point IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution b both arties below. Participating Entity: State of Nebraska Contractor: SHI International Corp Signature: ~mv) Ul4htpw Name: Natalie Castagna Title: Materiel Administrator Title: Director of Response Team Date: 5 QC Date: 10/2/17 [Additional signatures may be added if required by the Participating Entity] For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Development Coordinator: Shannon Berry Telephone: Email: Page 11 of 11 775-720-3404 sberrv@nasoovalueooint. ora Please email fully executed PDF copy of this document to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. Grand Island Council Session - 11/14/2017 Page 232 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-309 WHEREAS, the Finance department is working towards improvement of the annual budget process; and WHEREAS, the OpenGov program offers a streamlined budget process for all departments; and WHEREAS, the OpenGov program offers an improved and more consistent budget book; and WHEREAS, the OpenGov program will allow for the Finance department to better concentrate on value adding analysis. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of the OpenGov product thorough the State of Nebraska service contract via the reseller SHI International Corp. for an initial cost of $55,284.70 and recurring annual cost thereafter of $48,944.70 is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017 _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 233 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-6 #2017-310 - Approving Final Plat and Subdivision Agreement for JGMO Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 234 / 479 Council Agenda Memo From:Regional Planning Commission Meeting:November 14, 2017 Subject:JGMO Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Lake Street and west of South Locust Street in the City of Grand Island, Hall County, Nebraska. It consists of 3 lots and 11.1 acres. Discussion The plat for JGMO Subdivision, Final Plat was considered by the Regional Planning Commission at the November 1, 2017, meeting. A motion was made by Randone and seconded by Rainforth to approve the final plat for JGMO Subdivision. The motion for the final plat carried with nine members in favor (Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen, Randone and Kjar) and one member voting no (O’Neill) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Grand Island Council Session - 11/14/2017 Page 235 / 479 Sample Motion Move to approve as recommended. Grand Island Council Session - 11/14/2017 Page 236 / 479 Developer/Owner Brian McMahon 3481 W. Schimmer Drive Grand Island, NE 68803 To create 3 lots south of Lake Street and west of South Locust Street, in the City of Grand Island, in Hall County, Nebraska. Size: 11.1 acres Zoning: B2-General Business (requested rezone from B2 and LLR Large Lot Residential) Road Access: City Street. Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 11/14/2017 Page 237 / 479 Grand Island Council Session - 11/14/2017 Page 238 / 479 Grand Island Council Session - 11/14/2017 Page 239 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-310 WHEREAS Jason C. Olderbak, owner of JGMO, LLC and Brian J. McMahon and Lori A. McMahon, husband and wife, owners of LBJM, LLC, being the said owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “JGMO SUBDIVISION”, a subdivision on a tract of land located in the North Eleven (11) acres of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirty-Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of JGMO SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 240 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-7 #2017-311 - Approving Correction to Final Plat and Subdivision Agreement for Eberl Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 241 / 479 Council Agenda Memo From:Interjurisdictional Planning Commission Meeting:November 14, 2017 Subject:Eberl Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Fort Kearney Road and east of Beck Road in the two- mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Consisting of 2 lots and 4.47 acres. Discussion The plat for Eberl Subdivision, Final Plat was considered by the Interjurisdictional Planning Commission at the November 1, 2017 meeting. Nabity explained there was an error in the legal description for the Eberl Subdivision that was approved at the Sept. 6 meeting and that another land owner also needed to be added to the plat. He said those corrections were made and Resolution 2017-01 would rescind past action regarding the plat and give approval to the new plat containing the correct information. A motion was made by Randone and seconded by Rubio to recommend approval of Resolution 2017-01 and the final plat for Eberl Subdivision as presented. Five members present voted in favor (Rubio, Randone, Hendricksen, Gamblin and Riblett) of the motion and no members opposed or abstained. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/14/2017 Page 242 / 479 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 11/14/2017 Page 243 / 479 Developer/Owner Rick and Michele Eberl 215 Fort Kearney Road Grand Island, NE 68801 To create 2 lots north of Fort Kearney Road and east of Beck Road in the two-mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Size: 4.47 acres. Zoning: TA – Transitional Agriculture. Road Access: County Roads. Water Public: City water is not available. Sewer Public: City sewer is not available. Grand Island Council Session - 11/14/2017 Page 244 / 479 Grand Island Council Session - 11/14/2017 Page 245 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-311 WHEREAS, Rick and Michele Eberl, husband and wife, being the said owners of the land described as follows, have caused same to be surveyed, subdivided, platted and designated as “EBERL SUBDIVISION”, to be laid out into two lots, to wit: a tract of land comprising a part of Lot Two (2) in Section Eight (8), Township Eleven (11) North, Range Eight (8) West of the 6th P.M., in the two-mile jurisdiction of the City of Grand Island, Merrick County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, as a result of an erroneous legal description on the subdivision plat, Resolution No. 2017-255 adopted on September 26, 2017 contained an erroneous legal description; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of EBERL SUBDIVISION, a tract of land comprising a part of Lot Two (2) in Section Eight (8), Township Eleven (11) North, Range Eight (8) West of the 6th P.M., Merrick County, Nebraska, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. BE IT FURTHER RESOLVED that Resolution No. 2017-255 adopted on September 26, 2017 should be and the same hereby is rescinded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 246 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-8 #2017-312 - Approving Acquisition of Utility Easement - 2405 E. Stolley Park Road - John C. Hoffman This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 247 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-312 WHEREAS, a public utility easement is required by the City of Grand Island from John C. Hoffman to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 14, 2017, for the purpose of discussing the proposed acquisition of a utility easement located through a part of Lot One (1) Sandy Beach Third Subdivision in Hall County, Nebraska; and more particularly described as follows: Commencing at the Northeast corner of Lot One (1), Sandy Beach Third Subdivision, Hall County, Nebraska; thence southerly, along the easterly line of said Lot One (1), a distance of one hundred fifty two (152.0) feet to the Actual Point Of Beginning; thence westerly and perpendicular to the easterly line of said Lot One (1), a distance of twenty (20.0) feet to a point of termination on the westerly line of the Northeast Quarter (NE1/4), of Section Twenty Six (26), Township Eleven (11) North, Range Nine (9) West of the 6th PM. The above described easement and right-of-way containing a calculated area of 0.005 acres, more or less, as shown on the plat dated 4/7/2017, marked Exhibit “A”, attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from John C. Hoffman, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. ___________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 248 / 479 Grand Island Council Session - 11/14/2017 Page 249 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-9 #2017-313 - Approving Acquisition of Utility Easement - 3333 Ramada Road - Southeast Crossings, LLC This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 250 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-313 WHEREAS, a public utility easement is required by the City of Grand Island from Southeast Crossings, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 14, 2017, for the purpose of discussing the proposed acquisition of a utility easement located through a part of Lot Eleven (11), Woodland Second Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the Northwest corner of Lot Eleven (11), Woodland Second Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska; thence southeasterly along a line being 64°43’33” right from the northerly line of said Lot Eleven (11), a distance of one hundred eighty five (185.0) feet to the point of termination. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing 0.085 acres more or less, as shown on the plat dated 10/12/2017, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Southeast Crossings, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _____________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 251 / 479 Grand Island Council Session - 11/14/2017 Page 252 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-10 #2017-314 - Approving Acquisition of Utility Easement - South of One-R Road and West of Hwy. 281 - Petersen This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 253 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-314 WHEREAS, a public utility easement is required by the City of Grand Island from Douglas R. and Tamara K. Petersen, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 14, 2017, for the purpose of discussing the proposed acquisition of a utility easement located through a part of the Northwest Quarter (NW ¼), Section Twenty (20), Township Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; and more particularly described as follows: Commencing at the Northeast corner of the Northwest Quarter (NW1/4) of Section Twenty (20), Township Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence N89°15'41"W, along the northerly line of said Northwest Quarter (NW1/4), a distance of one thousand one hundred nine and ninety four hundredths (1,109.94) feet; thence S00°43’55”W, a distance forty five (45.0) feet to a point on the southerly right-of-way line of One-R Road, said point being the ACTUAL Point of Beginning; thence continuing S00°43’55”W, a distance of five hundred fifty three and thirty four hundredths (553.34) feet; thence S18°25’12”E, a distance of three hundred sixty five and eighty seven hundredths (365.87) feet; thence S00°14’11”W, a distance of three hundred ninety two and fifty eight hundredths (392.58) feet; thence N89°46’45”W, a distance of two hundred fifty nine and ninety four hundredths (259.94) feet; thence S00°14’41”W, a distance of three hundred eighty six and eighty one hundredths (386.81) feet; thence S58°23’44”W, along the easterly line of Prairie Creek Meadows Subdivision, a distance of six hundred seven and twenty four hundredths (607.24) feet; thence S44°32’05”W, along the easterly line of said Prairie Creek Meadows Subdivision, a distance of four hundred and one hundredth (400.01) feet; thence S 14°59’09”W, along the easterly line of said Prairie Creek Meadows Subdivision, a distance of two hundred eighty seven and seventy five hundredths (287.75) feet to a point of termination on the southerly line of the said Northwest Quarter (NW1/4). The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing a calculated area of 1.49 acres more or less, as shown on the plat dated 10/5/2017, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Douglas R. and Tamara K. Petersen, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. Grand Island Council Session - 11/14/2017 Page 254 / 479 - 2 - _____________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 255 / 479 Grand Island Council Session - 11/14/2017 Page 256 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-11 #2017-315 - Approving Certificate of Final Completion for Paving Project #2015-P-6 - Jefferson Street Staff Contact: Tim Luchsinger, John Collins Grand Island Council Session - 11/14/2017 Page 257 / 479 Council Agenda Memo From:Timothy Luchsinger, Utilities Director John Collins, Public Works Director Meeting:November 14, 2017 Subject:Certificate of Final Completion – Paving Project #2015- P-6, Jefferson Street Presenter(s):Timothy Luchsinger, Utilities Director Background Paving Project #2015-P-6 provided pavement improvements along Jefferson Street between 3rd Street and South Front Street and storm drainage improvements adjacent to the Customer Service Center and Utilities Engineering Division property at 1306 W. 3rd Street/315 N. Jefferson Street. The contract for the work was awarded to the Diamond Engineering Company of Grand Island, Nebraska, on March 8, 2016 by Council Resolution 2016-42 in the amount of $218,749.17. The project has been completed in accordance with the terms, conditions and stipulations of the contract plans and specifications. Discussion After the contract was awarded and the work had commenced, a conflict was found between the grade and alignment of the proposed storm sewer and an existing buried tele- communication cable. The cable is the primary feeder for the southern part of the City. To resolve the conflict and keep the work progressing on schedule with the relocation of the Customer Service Center, the storm sewer was redesigned. The redesign reduced the amount and size of the drainage pipe required and the area required for restoration, but increased the amount of placed pavement. Unit prices were provided in the contract and specified that the contractor be paid on the basis of actual quantity installed, times the contract’s unit prices. Construction work was completed for a total cost of $231,749.70, which is an addition of $13,000.53 to the original contract price. Grand Island Council Session - 11/14/2017 Page 258 / 479 A breakdown of installed quantities and associated costs is provided on the Engineer’s Certificate of Final Completion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Paving Project #2015-P-6 – Jefferson Street from 3rd Street to South Front Street. Sample Motion Move to approve the Certificate of Final Completion for Paving Project 2015-P-6 – Jefferson Street from 3rd Street to South Front Street. Grand Island Council Session - 11/14/2017 Page 259 / 479 Grand IslandCouncil Session - 11/14/2017Page 260 / 479 Grand Island Council Session - 11/14/2017 Page 261 / 479 Grand Island Council Session - 11/14/2017 Page 262 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-315 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Completion for Paving Project #2015-P-6, Jefferson Street between 3rd Street and South Front Street, certifying that the Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the paving project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Paving Project #2015-P-6, Jefferson Street between 3rd Street and South Front Street, in the amount of $231,749.70 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 263 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-12 #2017-316 - Approving Change Order #1 for Precipitator, Bottom Ash and Boiler Industrial Cleaning at PGS - Fall 2017 Outage Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 264 / 479 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:November 14, 2017 Subject:Change Order #1 - Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station – Fall 2017 Outage Presenter(s):Timothy G. Luchsinger, Utilities Director Background The electrostatic precipitator at the Platte Generating Station is the air quality control equipment used to remove coal ash particulates from the plant’s boiler flue gas stream. Proper performance of this equipment is required as part of the plant’s operating permit. Due to volume and characteristics of the coal ash, the precipitator must be grit blasted twice a year to remove ash build-up to allow the plant to remain below permitted emission levels. In addition to maintaining performance, removal of the ash deposits also allows an inspection of the precipitator internal surfaces and components. During this outage, the contractor also performed vacuum services and high pressure water blast cleaning services throughout the station. This work is done on a time and material basis, with the original bidding based on an estimate of the hours required to complete the work. Variations in the time required to accomplish the actual work performed at the time of the outage requires final adjustments based on the T&M rates provided at the time of bidding. The specifications were issued for bid and the contract was awarded by Council to the low responsive bidder, W-S Industrial Services of Council Bluffs, Iowa, for $112,804.00 on July 11, 2017, per Resolution 2017-195. Discussion There were both credits and debits in various areas of the work, resulting in a net increase in the cost of the overall contract. This was primarily due to additional work performed in the hydro blasting of the Spray Dry Absorber, additional vacuum work to remove coal from the coal runoff retention pond and additional vacuum work in the fly ash silo required to allow performance of maintenance inside the silo. Grand Island Council Session - 11/14/2017 Page 265 / 479 W-S Industrial Services performed the additional work, which was not part of the original scope, at an additional cost of $13,016.95, for a total contract cost of $125,820.95. W-S Industrial Services had all of the manpower and equipment on site to perform the additional work. This additional cost was based on unit pricing for services included in the original bid documents in the event of the addition or deletion of work scope by the contractor. It included vacuum services, hydro-blasting services and use of specialty three dimensional cleaning nozzles used specifically for cleaning the SDA vessel. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 with W-S Industrial Services of Council Bluffs, Iowa, for the Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station for an addition of $13,016.95 to the contract price. Sample Motion Move to approve Change Order #1 from W-S Industrial Services in the amount of $13,016.95, for the Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station. Grand Island Council Session - 11/14/2017 Page 266 / 479 TO:W-S Industrial Services, Inc. 35 Main Place, Ste. 175 Council Bluffs, IA 51503 712-366-8886 PROJECT:Precipitator, Bottom Ash and Boiler Industrial Cleaning at PGS-Fall 2017 Outage You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $112,804.00 Previous Change Order Amounts -$ The Contract Sum is increased by this Change Order 13,016.95$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 125,820.95$ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:W-S Industrial Services, Inc. By: _________________________________Date _________________________ $13,016.95 Change Order #1 Grand Island Council Session - 11/14/2017 Page 267 / 479 City of Grand Island Utilities Department General Work Contract - Change Order EWO 32 Precipitator, Bottom Ash and Boiler Industrial Cleaning at PGS-Fall 2017 Outage Comments:This additional work was identified after the PGS fall outage began. Contract: Fall 2017 Outage $112,804.00 Change Order Request Description Amount 001 Vacuum (T&M)$8,538.52 002 Hydro Truck (T&M)($252.20) 003 Vacuum and Hydro Truck (mob)$1,796.90 004 Vacuum and Hydro Truck (demob)$2,082.15 005 006 007 008 Tax 851.58$ 009 010 011 012 013 014 015 Total (final) w/out tax $12,165.37 017 018 019 020 021 023 024 028 029 030 Total $13,016.95 Grand Island Council Session - 11/14/2017 Page 268 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-316 WHEREAS, at the July 11, 2017 meeting, Council awarded the contract for Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station for the Fall 2017 Outage, to W-S Industrial Services of Council Bluffs, Iowa, in the amount of $112,804.00; and WHEREAS, during the outage, the contractor also performed vacuum services and high pressure water blast cleaning services through the station; and this work was done on a time and material basis, with the original bidding based on an estimate of the hours required to complete the work; and WHEREAS, variations in the time required to accomplish the actual work performed at the time of the outage requires final adjustments based on the T&M rates provided at the time of bidding; and WHEREAS, as a result of these extra hours involved in the cleaning process, Change Order #1 was prepared for $13,016.95 for a total contract amount of $125,820.95. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station for the Fall 2017 Outage, is hereby approved and the Mayor is hereby authorized to sign Change Order #1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 269 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-13 #2017-317 - Approving Purchase of 2018 Compact Track Loader for the Utilities Department, Underground Division Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/14/2017 Page 270 / 479 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:November 14, 2017 Subject:2018 Compact Track Loader – Underground Electric Division Presenter(s):Timothy Luchsinger, Utilities Director Background The Underground Electric Division of the Utilities Department has a 2002 Bobcat S185 wheeled skid steer compact loader with over 2,500 hours, and is used as a front-line service unit for installation and maintenance of the underground electric system. This unit is showing normal signs of aging and has been properly maintained, however, there has been an increase in need for this type of equipment across the Department. The Substation/Transmission Division has needs for this type of equipment to move and haul material for electric substations, and with the addition of the Customer Service Center, a heavy snow typically requires renting an additional machine to adequately handle all of the areas in a timely manner. Currently, equipment of this type is rented by these groups if one is available. Discussion There is a need for two machines in the electric transmission and distribution groups. It is recommended that a new machine be purchased for the Underground Electric Division for front-line service, and the existing unit be utilized by the Electric Substation/Transmission Division. The existing unit is anticipated to last an additional ten years with proper maintenance and reduced usage by having two units. A new loader is included in the current capital improvement budget and a track design was chosen instead of a wheel version to minimize impact to lawns and property. The Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) on October 28, 2014 with Resolution 2014-326. To meet competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No. 14660 OC awarded to Bobcat Company. Grand Island Council Session - 11/14/2017 Page 271 / 479 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a 2018 T595 Compact Track Loader for the Underground Division of the Utilities Department, from Bobcat Company in the amount of $59,578.64. Sample Motion Move to approve the purchase of a 2018 T595 Compact Track Loader from Bobcat Company, in the amount of $59,578.64. Grand Island Council Session - 11/14/2017 Page 272 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-317 WHEREAS, the Substation/Transmission Division of the Utilities Department has a need for a compact track loader to move and haul material for electric substations; and WHEREAS, the track loader will also be utilized to remove heavy snow that would typically require rental of such equipment; and WHEREAS, the purchase of a new loader is included in the current capital improvement budget for the Utilities Department; and WHEREAS, on October 28, 2014 with Resolution 2014-326 The Grand Island City Council approved the use of the National Joint Power Alliance Buying Group (NJPA); and WHEREAS, to meet competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No. 14660 OC awarded to Bobcat Company for the purchase of the 2018 T595 Compact Track Loader in the amount of $59,578.64. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2018 T595 Compact Track Loader in the amount of $59,578.64 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 273 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-14 #2017-318 - Approving Bid Award for One (1) Trailer Mounted Landfill Hydro Seeder for the Solid Waste Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 274 / 479 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 14, 2017 Subject:Approving Bid Award for One (1) Trailer Mounted Landfill Hydro Seeder for the Solid Waste Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background On October 5, 2017 the Solid Waste Division of the Public Works Department advertised for bids for one (1) Trailer Mounted Landfill Hydro Seeder. This hydro seeder will be used for seeding landfill side slopes where intermediate cover has been applied. Over the past several years it has become increasingly difficult to establish seeded areas on our side slopes due to the soil types present at the landfill. It is important to be able to properly establish grass on these areas in order to prevent soil erosion and to satisfy our regulatory permit requirements. Discussion One (1) bid was received and opened on October 17, 2017. The Solid Waste Division of the Public Works Department and the Purchasing Division of the Attorney’s office reviewed the bids that were received. The hydro seeder bid by Roadbuilders Machinery Grand Island Council Session - 11/14/2017 Page 275 / 479 & Supply of Grand Island, Nebraska meets all of the specifications. This hydro seeder will be used to establish grass around the landfill for erosion control. BIDDER BID Roadbuilders Machinery & Supply of Grand Island, Nebraska $39,900.00 Funds were budgeted for Fiscal Year 2017/2018 and are available in Account No. 50530043-85615. A picture of the trailer to be traded in is below. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of One (1) Landfill Hydro Seeder for the Solid Waste Division from Roadbuilders Machinery & Supply of Grand Island, Nebraska in the amount of $39,900.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 276 / 479 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 17, 2017 at 2:00 p.m. FOR:(1) Landfill Hydro Seeder (Re-Bid) DEPARTMENT:Public Works ESTIMATE:$40,000.00 FUND/ACCOUNT:50530043-85615 PUBLICATION DATE:October 5, 2017 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:Roadbuilders Machinery & Supply Grand Island, NE Bid Security:Fidelity and Deposit Company Exceptions:None Bid Price:$39,900.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt. P2006 Grand Island Council Session - 11/14/2017 Page 277 / 479 Approved as to Form ¤ ___________ November 9, 20172 ¤ City Attorney R E S O L U T I O N 2017-318 WHEREAS, the City of Grand Island invited sealed bids for one (1) Trailer Mounted Landfill Hydro Seeder for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on October 17, 2017 bids were received, opened and reviewed; and WHEREAS, Roadbuilders Machinery & Supply of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the net amount of $39,900.00; and WHEREAS, Roadbuilders Machinery & Supply’s bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Roadbuilders Machinery & Supply of Grand Island, Nebraska in the amount of $39,900.00 for one (1) Trailer Mounted Landfill Hydro Seeder for the Solid Waste Division is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 278 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-15 #2017-319 - Approving Bid Award for Cell 3 Liner and Leachate System at the Grand Island Regional Landfill Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 279 / 479 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 14, 2017 Subject:Approving Bid Award for Cell 3 Liner and Leachate System at the Grand Island Regional Landfill Presenter(s):John Collins PW, Public Works Director Background The Grand Island Landfill Phase I development is comprised of four cells (Cells 1, 2, 3, and 4) of lateral expansion that are located within a 52 acre landfill footprint. Cell 1 was constructed in 1993 and Cell 2 was constructed in 1998. Landfilling will continue in Cells 1 and 2 until intermediate and final grades are achieved. Cell 3 will need to be constructed within the next year, and the project will be paid from our restricted fund account. Cell 4 will be constructed when filling in Cell 3 nears completion or as facility operations warrant. On September 11, 2017 the Solid Waste Division of the Public Works Department advertised for bids for Cell 3 Liner and Leachate System Grand Island Regional Landfill. There were nineteen (19) potential bidders for this project. Discussion Six (6) bids were received and opened on October 19, 2017. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Base Bid Alternate 1 Alternate 2 Alternate 3 Alternate 4 Van Kirk Bros. Contracting of Sutton, NE $2,794,710.00 $66,430.00 $114,380.00 $80,080.00 $37,550.00 BSB Construction, Inc. of Curtis, NE $2,953,507.00 $84,511.00 $182,875.00 $125,125.00 $28,304.00 Myers Construction, Inc. of Broken Bow, NE $3,120,503.00 $53,214.00 $110,523.00 $78,169.00 $28,300.00 Smoky Hill Construction of Salina, KS $3,624,421.56 $49,227.50 $104,185.00 $75,055.00 $28,660.00 Veit & Company, Inc. of Rogers, MN $3,790,678.00 $56,000.00 $119,700.00 $83,720.00 $33,050.00 Ryan Incorporated Central of Janesville, WI $3,962,582.00 $52,727.50 $109,060.00 $77,350.00 $28,140.00 Grand Island Council Session - 11/14/2017 Page 280 / 479 Staff recommendation is to award the Base Bid and Alternates 1-4 to Van Kirk Bros. Contracting of Sutton, Nebraska with their bid being both the lowest responsible and well below the engineer estimate. There are sufficient funds in Account No. 50530043-85608 to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding a contract to Van Kirk Bros. Contracting of Sutton, Nebraska in the amount of $3,093,150.00 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/14/2017 Page 281 / 479 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 19, 2017 at 3:00 p.m. FOR:Cell 3 Liner & Leachate System at the Regional Landfill DEPARTMENT:Public Works ESTIMATE:$4,000,000.00 FUND/ACCOUNT:50530043-85608 PUBLICATION DATE:September 11, 2017 NO. POTENTIAL BIDDERS:19 SUMMARY Bidder:BSB Construction, Inc.Ryan Incorporated Central Curtis, NE Janesville, WI Bid Security:Inland Insurance Co.Travelers Casualty & Surety Co. Exceptions:None None Bid Price: Section A:$2,953,507.00 $3,962.582.00 Section B Alt. 1:$ 84,511.00 $ 52,727.50 Section C Alt. 2:$ 182,875.00 $ 109,060.00 Section D Alt. 3:$ 125,125.00 $ 77,350.00 Section E Alt. 4:$ 28,304.00 $ 28,140.00 Bidder:Van Kirk Bros. Contracting Myers Construction, Inc. Sutton, NE Broken Bow, NE Bid Security:Universal Surety Co.Inland Insurance Co. Exceptions:Noted None Bid Price: Section A:$2,794,710.00 $3,120,503.00 Section B Alt. 1:$ 66,430.00 $ 53,214.00 Section C Alt. 2:$ 114,380.00 $ 110,523.00 Section D Alt. 3:$ 80,080.00 $ 78,169.00 Section E Alt. 4:$ 37,550.00 $ 28,300.00 Grand Island Council Session - 11/14/2017 Page 282 / 479 Bidder:Smoky Hill Construction Veit & Company, Inc. Salina, KS Rogers, MN Bid Security:Surety Bond CNA Surety Exceptions:None None Bid Price: Section A:$3,624,421.56 $3,790,678.00 Section B Alt. 1:$ 49,227.50 $ 56,000.00 Section C Alt. 2:$ 104,185.00 $ 119,700.00 Section D Alt. 3:$ 75,055.00 $ 83,720.00 Section E Alt. 4:$ 28,660.00 $ 33,050.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt. P1999 Grand Island Council Session - 11/14/2017 Page 283 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-319 WHEREAS, the City of Grand Island invited sealed bids for Cell 3 Liner and Leachate System at the Grand island Regional Landfill, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on October 19, 2017 bids were received, opened, and reviewed; and WHEREAS, Van Kirk Bros. Contracting of Sutton, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $3,093,150.00; and WHEREAS, Van Kirk Bros. Contracting’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2017/2018 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Bros. Contracting of Sutton, Nebraska in the amount of $3,093,150.00 for Cell 3 Liner and Leachate System at the Grand Island Regional Landfill us hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 284 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-16 #2017-320 - Approving Bid Award for One (1) 2018 Transfer Trailer for the Solid Waste Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 285 / 479 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 14, 2017 Subject:Approving Bid Award for One (1) 2018 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background On October 11, 2017 the Solid Waste Division of the Public Works Department advertised for bids for one (1) 2018 Solid Waste Transfer Trailer. Discussion Two (2) bids were received and opened on November 2, 2017. The Solid Waste Division of the Public Works Department and the Purchasing Division of the Attorney’s office reviewed the bids that were received. The transfer trailer bid by Wilkens Industries of Morris, MN meets all of the specifications. This transfer trailer is a front-line piece of equipment that is utilized on a daily basis for hauling solid waste from the transfer station to the landfill for disposal. This trailer will replace the 2008 model transfer trailer that is being traded with this purchase. The 2008 model year transfer trailer that is being traded is in need of several repairs to the hydraulic walking floor and other items which would cost thousands of dollars to repair/replace/upgrade. This piece of equipment is beyond its useful life and will not be cost effective to repair. BIDDER BASE PRICE TRADE-IN NET COST Wilkens Industries, Inc. of Morris, Minnesota $73,458.00 $16,500.00 $56,958.00 Ken’s Truck Repair, Inc. of Chebanse, Illinois $80,331.50 $0 $80,331.50 Funds were budgeted for Fiscal Year 2017/2018 and are available in Account No. 50530040-85625. A picture of the trailer to be traded in is below. Grand Island Council Session - 11/14/2017 Page 286 / 479 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of one (1) 2018 Solid Waste Transfer Trailer from Wilkens Industries of Morris, Minnesota for the net cost of $56,958.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 287 / 479 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:November 2, 2017 at 2:00 p.m. FOR:(1) 2018 Solid Waste Transfer Trailer DEPARTMENT:Public Works ESTIMATE:85,000.00 FUND/ACCOUNT:50530040-85625 PUBLICATION DATE:October 11, 2017 NO. POTENTIAL BIDDERS:9 SUMMARY Bidder:Wilkens Industries Inc.Ken’s Truck Repair Inc. Morris, MN Chebanse, IL Bid Security:Cashiers Check Cashiers Check Exceptions:None Noted Bid Price:$73,458.00 $80,331.50 Trade-In:$16,500.00 N/A___ Total Bid:$56,958.00 $80,331.50 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt. P2008 Grand Island Council Session - 11/14/2017 Page 288 / 479 Approved as to Form ¤ ___________ November 9, 20172 ¤ City Attorney R E S O L U T I O N 2017-320 WHEREAS, the City of Grand Island invited sealed bids for one (1) 2018 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on November 2, 2017 bids were received, opened and reviewed; and WHEREAS, Wilkens Industries of Morris, Minnesota submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the net amount of $56,958.00; and WHEREAS, such net amount accounts for the trade-in value of $16.500.00 for the 2008 Wilkens transfer trailer; and WHEREAS, Wilkens Industries’s bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkens Industries of Morris, Minnesota in the net amount of $56,958.00 for one (1) 2018 Solid Waste Transfer Trailer is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 289 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-17 #2017-321 - Approving Bid Award for One (1) 2019 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 290 / 479 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 14, 2017 Subject:Approving Purchase of One (1) 2019 Model 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Solid Waste Division budgeted for one (1) 2019 Model 90,000 GVW Conventional Truck-Tractor in the 2017/2018 FY to replace a 2008 Sterling truck-tractor, which has approximately 9,500 hours. This piece of equipment is utilized on a daily basis for hauling solid waste from the transfer station to the landfill for disposal. The current truck-tractor unit will be traded in for the new piece of equipment. Discussion The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) with Resolution 2014-326. To meet competitive bidding requirements, the Solid Waste Division obtained pricing from the NJPA Contract No. 081716-NVS awarded to Hansen International Truck, Inc. of Grand Island, Nebraska. Public Works staff is recommending the purchase of one (1) 2019 Model 90,000 GVW Conventional Truck-Tractor from Hansen International, Inc. in the amount of $107,100.00, accounting for a $12,000.00 trade-in of the current piece of equipment, the final purchase price is $95,100.00. Following is a picture of the 2008 Sterling truck- tractor that is to be traded. Grand Island Council Session - 11/14/2017 Page 291 / 479 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of one (1) 2019 Model 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division in the amount of $107,100.00, minus $12,000.00 trade-in of the current piece of equipment, resulting in the final purchase price of $95,100.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 292 / 479 Approved as to Form ¤ ___________ November 9, 20172 ¤ City Attorney R E S O L U T I O N 2017-321 WHEREAS, the National Joint Powers Alliance Buying Group was utilized to secure competitive bids for one (1) 2019 Model 90,000 GVW Conventional Truck-Tractor by the Solid Waste Division of the Public Works Department; and WHEREAS, the National Joint Powers Alliance Buying Group Contract No. 081716-NVS was awarded to Hansen International, Inc. of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of one (1) 2019 Model 90,000 GVW Conventional Truck-Tractor from Hansen International, Inc. of Grand Island, Nebraska in the amount of $107,100.00, minus $12,000.00 trade-in of the current piece of equipment, resulting in the final purchase price of $95,100.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) 2019 Model 90,000 GVW Conventional Truck-Tractor from Hansen International, Inc. is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 293 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-18 #2017-322 - Approving Bid Award for Sanitary Sewer Collection System Rehabilitation - Various Locations Project No. 2017-S-2B Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 294 / 479 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 14, 2017 Subject:Approving Bid Award for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2B Presenter(s):John Collins PE, Public Works Director Background On September 8, 2017 the Engineering Division of the Public Works Department advertised for bids for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017- S-2B. Sanitary Sewer Collection System Rehabilitation-Various Locations; Project No. 2017-S-2A, the initial phase of this work was awarded, to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $304,380.16 on May 23, 2017, via Resolution No. 2017-151. This second phase of the project, 2017S-2B, is for rehabilitation work for fixing cracks and leaks in the existing pipe with a cast in place liner that will be run inside the existing pipe. Open excavation for this project is not planned and crews will gain access to complete this work through existing manholes. This is a specialized process which is becoming very popular across the country with the continued aging of infrastructure. There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18 inches in diameter. The majority of the sanitary sewer rehabilitations are related to old clay tile pipe and or damaged / dilapidated manholes. Discussion Five (5) bids were received and opened on October 18, 2017. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Grand Island Council Session - 11/14/2017 Page 295 / 479 Bidder Bid Municipal Pipe Tool Company, LLC of Hudson, IA $433,786.75 Insituform Technologies of Chesterfield, MO $452,790.10 Midlands Contracting of Kearney, NE $561,922.00 Lametti & Sons, Inc. of Hugo, MN $566,987.50 Visu-Sewer, Inc. of Pewaukee, WI $613,606.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Municipal Pipe Tool Company, LLC of Hudson, Iowa in the total amount of $433,786.75. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/14/2017 Page 296 / 479 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 18, 2017 at 2:00 p.m. FOR:Sanitary Sewer Collection System Rehabilitation – Various Locations Project No. 2017-S-2B DEPARTMENT:Public Works ESTIMATE:$684,964.00 FUND/ACCOUNT:53030055-85213 PUBLICATION DATE:September 8, 2017 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Lametti & Sons, Inc.Insituform Technologies Hugo, MN Chesterfield, MO Bid Security:Hartford Accident Travelers Casualty Exceptions:None None Bid Price:$566,987.50 $452,790.10 Bidder:Municipal Pipe Tool Company, LLC Visu-Sewer, Inc. Hudson, IA Pewaukee, WI Bid Security:Merchants Bonding Merchants Bonding Exceptions:None None Bid Price:$433,786.75 $613,606.00 Bidder:Midlands Contracting Kearney, NE Bid Security:Travelers Casualty Exceptions:None Bid Price:$561,922.00 Grand Island Council Session - 11/14/2017 Page 297 / 479 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Tara Bevard, Wastewater Project Manager P2003 Grand Island Council Session - 11/14/2017 Page 298 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-322 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2B, according to plans and specifications on file with the Public Works Department; and WHEREAS, on October 18, 2017 bids were received, opened, and reviewed; and WHEREAS, Municipal Pipe Tool Company, LLC of Hudson, Iowa submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $433,786.75; and WHEREAS, Municipal Pipe Tool Company, LLC’s bid for such project is considered fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Municipal Pipe Tool Company, LLC of Hudson, Iowa in the amount of $433,786.75 for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2B is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 299 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-19 #2017-323 - Approving Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815 Superior Street (Grand Island Area Habitat for Humanity, Inc.) This item relates to the aforementioned Public Hearing item E-9. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 300 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-323 WHEREAS, detention cell land is needed by the City of Grand Island, from Grand Island Area Habitat for Humanity, Inc., for public storm water drainage; and WHEREAS, a public hearing was held on November 14, 2017 for the purpose of discussing the proposed acquisition of the detention cell land consisting of all of Outlot A in Kurz Subdivision, City of Grand Island, Hall County, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, be and hereby is, authorized to acquire detention cell land from Grand Island Area Habitat for Humanity, Inc., on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 301 / 479 Grand Island Council Session - 11/14/2017 Page 302 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-20 #2017-324 - Approving Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 303 / 479 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 14, 2017 Subject:Approving Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2 Presenter(s):John Collins PE, Public Works Director Background Van Kirk Bros. Contracting of Sutton, Nebraska was awarded a $122,404.00 contract for construction of Shady Bend Road Drainage; Project No. 2017-D-2 on April 25, 2017 via Resolution No. 2017-126. On September 12, 2017, via Resolution No. 2017-246, City Council approved Change Order No. 1 to address materials, labor and equipment for removal and disposal of trees in the amount of $10,750.00, resulting in a revised contract amount of $133,154.00. The drainage improvements were performed on Shady Bend Road between Seedling Mile Road and US Highway 30. These improvements were made in response to Wetzel Street resident requests. Work commenced on July 27, 2017 and was completed on August 25, 2017. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. Construction was completed with an underrun of $4,854.57, for a total cost of $128,299.43. Additional project costs are shown below. ADDITIONAL COSTS The Grand Island Independent Advertising $ 105.48 The Diamond Engineering Company Potholing $ 1,785.00 Olsson Associates Construction Observation $ 5,835.22 Additional Costs = $ 7,725.70 Grand Island Council Session - 11/14/2017 Page 304 / 479 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2. Sample Motion Move to approve the Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2. Grand Island Council Session - 11/14/2017 Page 305 / 479 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Shady Bend Road Drainage; Project No. 2017-D-2 CITY OF GRAND ISLAND, NEBRASKA November 14, 2017 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Shady Bend Road Drainage; Project No. 2017-D-2 has been fully completed by Van Kirk Bros. Contracting of Sutton, Nebraska under the contract dated May 1, 2017. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Item No.Description Total Quantity Unit Unit Price Total Cost Base Bid Section 1 18" RCP 1,200.00 LF $ 48.00 $ 57,600.00 2 18" PIPE FLARED END SECTION 2.00 EA $ 638.00 $ 1,276.00 3 BUILD JUNCTION BOX, STD PLAN NO. 128 4.00 EA $ 2,850.00 $ 11,400.00 4 BUILD AREA INLET 2.00 EA $ 2,000.00 $ 4,000.00 5 REMOVE & REPLACE ASPHALTIC CONCRETE 20.47 SY $ 65.00 $ 1,330.55 6 REMOVE & REPLACE DRIVEWAY 86.43 SY $ 60.00 $ 5,185.80 7 REMOVE & REPLACE CURB & GUTTER 235.00 LF $ 25.00 $ 5,875.00 8 REMOVE & REPLACE SIDEWALK 683.50 SF $ 4.65 $ 3,178.28 9 COMMON EXCAVATION 630.00 CY $ 10.00 $ 6,300.00 10 REMOVE & RESET CHAIN LINK FENCE 87.00 LF $ 20.00 $ 1,740.00 11 LOWER WATER SERVICE 1.00 EA $ 685.00 $ 685.00 12 REMOVE, RELOCATE, RESET MAILBOXES 6.00 EA $ 100.00 $ 600.00 13 SEEDING 0.75 AC $ 2,500.00 $ 1,875.00 14 GRAVEL SURFACING (2") 69.00 TON $ 20.00 $ 1,380.00 15 BARRICADE, TYPE II 462.00 BDAY $ 0.75 $ 346.50 16 BARRICADE, TYPE III 96.00 BDAY $ 3.00 $ 288.00 17 TEMPORARY SIGN 336.00 BDAY $ 3.50 $ 1,176.00 18 PLACE SILT FENCE 36.00 LF $ 5.00 $ 180.00 19 EROSION CONTROL BLANKET, TYPE 1D 2,202.00 SY $ 1.65 $ 3,633.30 20 SEDIMENT & EROSION CONTROL 1.00 LS $ 1,500.00 $ 1,500.00 21 MOBILIZATION 1.00 LS $ 8,000.00 $ 8,000.00 Total Base Bid = $ 117,549.43 Change Order No. 1 CO1-1 REMOVE TREES & ADDITIONAL GRADING 1.00 LS $10,750.00 $ 10,750.00 Total Change Order No. 1 = $ 10,750.00 Base Bid Total = $ 128,299.43 Grand Island Council Session - 11/14/2017 Page 306 / 479 Additional Costs: The Grand Island Independent Advertising $ 105.48 The Diamond Engineering Company Potholing $ 1,785.00 Olsson Associates Construction Observation $ 5,835.22 Additional Costs = $ 7,725.70 Grand Total = $ 136,025.13 I hereby recommend that the Engineer’s Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2 be approved. _________________________________________ _____________________________________ John Collins – City Engineer/Public Works Director Jeremy L. Jensen – Mayor Grand Island Council Session - 11/14/2017 Page 307 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-324 WHEREAS, the City Engineering/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2 certifying that Van Kirk Bros. Contracting of Sutton, Nebraska, under contract, has completed such project for the total construction amount of $128,299.43; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, additional project costs equate to $7,725.70, as shown ADDITIONAL COSTS The Grand Island Independent Advertising $ 105.48 The Diamond Engineering Company Potholing $ 1,785.00 Olsson Associates Construction Observation $ 5,835.22 Additional Costs = $ 7,725.70 WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Certificate of Final Completion for Shady Bend Road Drainage; Project No. 2017-D-2, in the amount of $136,025.13 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 308 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-21 #2017-325 - Approving Amendment No. 2 with HDR Engineering, Inc. for Engineering Services Related to Cell 3 Liner Construction at the Grand Island Regional Landfill Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 309 / 479 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 14, 2017 Subject:Approving Amendment No. 2 with HDR Engineering, Inc. for Engineering Services Related to Cell 3 Liner Construction at the Grand Island Regional Landfill Presenter(s):John Collins PE, Public Works Director Background The Grand Island Landfill Phase I development is comprised of four cells (Cells 1, 2, 3, and 4) of lateral expansion that are located within a 52 acre landfill footprint. Cell 1 was constructed in 1993 and Cell 2 was constructed in 1998. Landfilling will continue in Cells 1 and 2 until intermediate and final grades are achieved. Cell 3 will need to be constructed within the next year, and the project will be paid from our restricted fund account. Cell 4 will be constructed when filling in Cell 3 nears completion or as facility operations warrant. On January 24, 2017, via Resolution No. 2017-12, City Council approved an agreement between the City and HDR Engineering, Inc. of Omaha, Nebraska for engineering services related to Cell 3 Liner Construction at the Grand Island Regional Landfill, in the amount of $126,570.00. On June 13, 2017, via Resolution No. 2017-168, City Council approved Amendment No. 1 to the original engineering services agreement with HDR Engineering, Inc. to add the design and specifications for a new leachate control room, while removing the optional permit modification provided for in the original scope. Amendment No. 1 resulted in an agreement decrease of $17,160.00, for a revised agreement amount of $109,410.00. Discussion It is now necessary to add construction phase services, which consist of onsite observation and testing during the construction of Cell 3 Liner and Leachate System at the Grand Island Regional Landfill. Grand Island Council Session - 11/14/2017 Page 310 / 479 Summary of Amendment No. 2- Original Agreement = $126,570.00 Amendment No. 1 =($17,160.00) Add Construction Phase Services =$230,500.00 Revised Agreement = $339,910.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 2 to the agreement with HDR Engineering, Inc. of Omaha, Nebraska, for a revised agreement amount of $339,910.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 311 / 479 Page A - 1 of 3 AMENDMENT NO. 2 Exhibit A Scope of Services Grand Island Regional Landfill Cell 3 Liner Design & Construction Phase Services Amendment No. 2 to Agreement, City Purchase Order #33617-00 As part of the future Additional Services listed in the Agreement, construction period services are provided in this Amendment No. 2. Task 5 – Basic Construction Phase Services Objective: The key objective is to document that the intent of the design and contract documents are realized with the desired quality and the agreed upon price for the Cell 3 liner and to obtain the quality assurance documentation necessary for the NDEQ to approve the construction. HDR Activities: Develop a Construction Quality Assurance Manual (CQAM) for use in managing construction activities and gathering required documentation, including material testing, personnel responsibilities, sampling methods and documentation requirements. Conduct a pre-construction and up to five progress meetings with City staff, the contractor and subcontractors during the construction period. Communications will be supplemented with bi-weekly conference calls scheduled between the meetings. HDR will perform a substantial completion inspection meeting (punchlist) and final completion inspection meeting. HDR will be responsible for construction contract administration and documentation, processing of change orders, review of request for substitutions or change proposals, review and maintenance of shop- drawings and review of Contractor-provided “as-recorded” drawings. HDR will prepare, process, and recommend payment requests and change orders. HDR will also provide interpretation and consulting on design modifications. This will include resolution meetings with City staff and the contractor and site visits by the designers (assume 2 site visits/meetings total). At the completion of construction, HDR will prepare written reports of construction quality assurance documentation for Cell 3 liner necessary for acceptance and approval by the NDEQ and provide copies of such documentation to the City. Meetings: These would include one (1) pre-construction meeting, five (5) progress meetings during liner construction, one (1) substantial completion meeting, two (2) design modification resolution meetings, and one (1) final inspection meeting. Deliverables: · Agenda and meeting notes including distribution to all meeting attendees · Copies of completed pay requests and change orders for processing by the City Grand Island Council Session - 11/14/2017 Page 312 / 479 Page A - 2 of 3 · Copies of shop drawings and contractor submittals released for distribution · Final Construction Quality Assurance Documentation Report for Cell 3 liner with a transmittal letter to NDEQ, certified by a Nebraska Professional Engineer (2 hard copies to NDEQ; 1 hard copy and 1 electronic copy to City) · “As recorded” drawings with a reproducible AutoCAD (CADD) format Key Understandings: · The number of meetings and quality control/quality assurance documentation and processing is based on an assumed construction duration of four months. · City will provide the hard copies of the Contract Documents to the selected contractor. Task 6 – Resident Construction Observation and Testing Services Objective: The key objective is to provide a competent and experienced full-time resident project representative to document that the intent of the design and contract documents for the lateral expansion are realized with the desired quality and the agreed upon price. HDR Activities: HDR will provide construction observation person (resident project representative) during the liner construction period. These services will consist of the following: · Preparation of daily and weekly observation reports · Review of site conditions and document ongoing activities and corrective actions · Assist in issuing field orders and change proposal requests · Conduct progress meetings · Observe site work and earthwork construction · Review stored materials for proper storage and payment · Coordinate with testing firm for QA testing · Verify material quantities associated with contractor’s invoices · Maintain progressive punch list · Review and document schedule status · Review of surveys provided by Contractor HDR will subcontract with Benesch to provide testing services and periodic construction observation. These services will consist of the following: · Conduct pre-construction survey of Cell 3 area · Periodic observation of bulk excavation/earthwork construction · Conduct soils sampling and construction quality assurance testing for the test pad, clay liner and granular drainage layer at frequencies required by the Grand Island Regional Landfill CQA Plan– services will also include completion of such testing · Compile field and lab test data A full-time resident project representative (60 hours per week for 20 weeks) has been budgeted based on the contract documents and the level of required oversight. Periodic observation during bulk excavation is budgeted at 40 hours (10 hours per month for 4 months). During the test pad construction, an Grand Island Council Session - 11/14/2017 Page 313 / 479 Page A - 3 of 3 additional technician (from Benesch) has been budgeted (20 hours) to assist in the testing. Benesch will provide technician from their Grand Island office and material testing services from their Lincoln office. Prepare written summaries of construction quality control and quality assurance documentation provided during this period of service. Field reports and photos will be posted to a Dropbox.com folder maintained for the project. Meetings: Includes the five (5) progress meetings during liner construction. Other meetings included in Task 5. Deliverables: · Daily field reports and documentation · Weekly summary reports · Supporting documentation for “as recorded” drawings · Coordination and maintenance of field test reports and quality assurance activities · Photographic documentation Key Understandings: · Services include on-site construction observation, material testing, and preparing field records of ongoing construction activities. · Quality assurance surveying, testing and documentation preparation will be outlined in the CQAM. · Quality control/quality assurance surveying will be completed by a licensed surveyor under the construction contractor and reviewed by HDR for compliance with the CQAM and the Cell 3 liner contract documents. · HDR has assumed a single construction contractor and all of the liner construction work will occur in 2018. It is possible that bulk excavation by the contractor may begin during fall of 2017. Construction observation will not be provided during bulk excavation; periodic site visits are assumed. Schedule Notice to Proceed is anticipated to begin in November 2017. Full time observation will not begin until the start of recompacted clay liner which will be after March 15, 2018. Substantial Completion for the Contractor is scheduled for August 10, 2018 with Final Completion by October 31, 2018. Grand Island Council Session - 11/14/2017 Page 314 / 479 Page C - 1 of 1 Compensation The following table was developed to show the adjustment in fee as a result of the changes to the scope of services as described in this Amendment No. 2. · The estimated fee for new Tasks 5 and 6 is Two Hundred Thirty Thousand Five Hundred dollars ($230,500.00), not-to-exceed without written authorization of the City. HDR will continue to invoice the City on a per diem plus Reimbursable Expenses basis pursuant to the Agreement. Compensation terms are defined in the Agreement between the City and HDR. Amendment No. 2 Fee Estimate Table Amended Contract Fee (Amendment No. 1) $109,410 Amendment No. 2: Task 5 – Basic Construction Phase Services $51,100 Task 6 – Resident Construction Observation and Testing Services $179,400 Amendment No. 2 Fee Adjustment $230,500 Amended Total Contract Fee $339,910 Grand Island Council Session - 11/14/2017 Page 315 / 479 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the ______day of ____________________ 2017. CITY OF GRAND ISLAND, NE “OWNER” BY: NAME: TITLE: ADDRESS: HDR ENGINEERING, INC. “ENGINEER” BY: NAME: Matthew B. Tondl, PE TITLE: Senior Vice President ADDRESS: 8404 Indian Hills Drive Omaha, NE 68114 Grand Island Council Session - 11/14/2017 Page 316 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-325 WHEREAS, on January 24, 2017, via Resolution No. 2017-12, City Council approved an agreement between the City of Grand Island and HDR Engineering, Inc. of Omaha, Nebraska for engineering services related to Cell 3 Liner Construction at the Grand Island Regional Landfill, in the amount of $126,570.00; and WHEREAS, on June 13, 2017, via Resolution No. 2017-168, City Council approved Amendment No. 1 to the original agreement resulting in an agreement decrease of $17,160.00, for a revised agreement amount of $109,410.00; and WHEREAS, it is now necessary to add construction phase services, which consist of onsite observation and testing during the construction of Cell 3 Liner and Leachate System; and WHEREAS, such modifications to the original agreement are detailed in Amendment No. 2 and result in an agreement increase of $230,500.00, for a revised agreement amount of $339,910.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 to the Engineering Services Agreement between the City of Grand Island and HDR Engineering, Inc. of Omaha, Nebraska for engineering services related to Cell 3 Liner Construction at the Grand Island Regional Landfill, in the amount of $230,500.00, is hereby approved for a revised agreement amount of $339,910.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 317 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-22 #2017-326 - Approving FTE Title Change from Public Works CADD Operator to Public Works Engineering Technician for the Engineering Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 318 / 479 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 14, 2017 Subject:Consideration of Approving FTE Title Change from Public Works CADD Operator to Public Works Engineering Technician for the Engineering Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The City Council approves a FTE schedule annually as part of the City Budget process. This schedule specifies the number and titles of positions that are approved to be filled during the budget year. A Salary Ordinance is then brought forward for Council approval to specify the wages that will be paid for the positions that have been approved. Discussion The Public Works Department is requesting to move the CADD Operator FTE to an Engineering Technician FTE to allow for more flexibility in duties assigned to the employee. This position is currently unfilled. The current CADD Operator description limits the field work this position is expected to perform. With the increasing number of projects the department is working on the Engineering Technician description allows for more versatility in the position by performing an array of duties both inside and outside the office. Such title change will not increase the already approved FTE schedule with the Engineering Division of the Public Works Department, nor will it impact the approved 2017/2018 budget in a negative manner. The Engineering Technician salary range at $21.68-$30.58 per hour is less than the CADD Operator salary range of $21.74-$31.26 per hour. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/14/2017 Page 319 / 479 Recommendation City Administration recommends that the Council approve the FTE title change from Public Works CADD Operator to Public Works Engineering Technician for the Engineering Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 320 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-326 WHEREAS, the City approves the FTE’s for each department as part of the budget process; and WHEREAS, an amendment is required to allow changes to be made to the FTE schedule; and WHEREAS, the Public Works Department has requested to reallocate one FTE from the Public Works CADD Operator to the Public Works Engineering Technician. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the FTE Amendment. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 321 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-23 #2017-327 - Approving Acquisition of Utility Easement at 2124 N Lafayette Avenue (Grand Island Public School District) This item relates to the aforementioned Public Hearing item E-10. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 322 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-327 WHEREAS, a public utility easement is required by the City of Grand Island, from Grand Island Public School District, at 2124 North Lafayette Avenue, City of Grand Island, Hall County, Nebraska and more particularly described as follows: A TRACT OF LAND LOCATED IN PART OF SCARFF’S ADDITION TO WEST LAWN, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 4, SCARFF’S ADDITION TO WEST LAWN, SAID POINT BEING THE POINT OF BEGINNING; THENCE EAST ALONG THE SOUTH LINE OF BLOCK 4, BLOCK 3, AND BLOCK 2, SCARFF’S ADDITION TO WEST LAWN, TO A POINT BEING THE SOUTHEAST CORNER OF SAID BLOCK 2, SCARFF’S ADDITION TO WEST LAWN; THENCE SOUTH 30 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF LAFAYETTE AVENUE; THENCE WEST AND PARALLEL TO SAID SOUTH LINE OF BLOCK 4, BLOCK 3, AND BLOCK 2, SCARFF’S ADDITION TO WEST LAWN, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CUSTER AVENUE AND SAID POINT BEING 30 FEET SOUTH OF SAID SOUTHWEST CORNER OF BLOCK 4, SCARFF’S ADDITION TO WEST LAWN; THENCE NORTH, ALONG SAID EAST RIGHT- OF-WAY LINE OF CUSTER AVENUE, 30 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS A CALCULATED AREA OF 32,278 SQUARE FEET OR 0.74 ACRES MORE OR LESS. WHEREAS, an Agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public utility easement on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 323 / 479 Grand Island Council Session - 11/14/2017 Page 324 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-24 #2017-328 - Approving Purchase of One (1) 2018 Front End Wheel Loader for the Solid Waste Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/14/2017 Page 325 / 479 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 14, 2017 Subject:Approving Purchase of One (1) 2018 Front End Wheel Loader for the Solid Waste Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Solid Waste Division budgeted for one (1) 2018 Front End Wheel Loader in the 2017/2018 FY to replace a 2008 Caterpillar 938H wheel loader, which has approximately 4,800 hours and one (1) 4 cubic yard capacity grapple bucket with Caterpillar Fusion coupler. This loader is a front-line piece of equipment that is utilized on a daily basis for loading transfer trailers hauling solid waste from the transfer station to the landfill for disposal. Discussion The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) with Resolution 2014-326. To meet competitive bidding requirements, the Solid Waste Division obtained pricing from the NJPA Contract No. 032515-CAT awarded to NMC/Nebraska Machinery Company of Doniphan, Nebraska. Public Works staff is recommending the purchase of one (1) 2018 Front End Wheel Loader from NMC/Nebraska Machinery Company in the amount of $253,155.00, accounting for a $65,500.00 trade-in of the current piece of equipment, the final purchase price is $187,655.00. NMC/Nebraska Machinery Company does guarantee a purchase back (trade-in) amount for the new piece of equipment, as detailed below. 1 year or 1,000 hours = $140,000.00 2 year or 2,000 hours = $129,000.00 3 years or 3,000 hours = $118,000.00 4 years or 4,250 hours = $106,000.00 Grand Island Council Session - 11/14/2017 Page 326 / 479 Following is a picture of the 2008 Caterpillar 938H wheel loader with approximately 4,800 operating hours that is to be traded. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of one (1) 2018 Front End Wheel Loader for the Solid Waste Division in the amount of $253,155.00, minus $65,500.00 trade-in of the current piece of equipment, resulting in the final purchase price of $187,655.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/14/2017 Page 327 / 479 Approved as to Form ¤ ___________ November 9, 20172 ¤ City Attorney R E S O L U T I O N 2017-328 WHEREAS, the National Joint Powers Alliance Buying Group was utilized to secure competitive bids for one (1) 2018 Front End Wheel Loader for the Solid Waste Division of the Public Works Department; and WHEREAS, the National Joint Powers Alliance Buying Group Contract No. 032515-CAT was awarded to NMC/Nebraska Machinery Company of Doniphan, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of one (1) 2018 Front End Wheel Loader from NMC/Nebraska Machinery Company of Doniphan, Nebraska in the amount of $253,155.00, minus $65,500.00 trade-in of the current piece of equipment, resulting in the final purchase price of $187,655.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) 2018 Front End Wheel Loader from NMC/Nebraska Machinery Company of Doniphan, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 328 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-25 #2017-329 - Approving Long Term Disability Contract Renewal Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 11/14/2017 Page 329 / 479 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:November 14, 2017 Subject:Approving Renewal of Long Term Disability Policy Presenter(s):Aaron Schmid, Human Resources Director Background The City of Grand Island provides Long Term Disability coverage to employees as agreed to through labor agreements or as approved in the Personnel Rules. The City has contracted with Cigna Group Insurance since 2010 to provide this coverage. The current rate for coverage is .20 cents per $100 of wages. The contract with Cigna will expire at midnight on November 30, 2017. Discussion Cigna has provided a valuable benefit to a number of employees at the City of Grand Island. Cigna has offered a two-year contract extension at the negotiated price of $0.255 cents per $100 of covered payroll. The current loss ratio continues to trend high due to claim experience. Based on review of the group’s current performance, it is recommended that the City accept the two-year extension at the new rate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the contract with Cigna Group Insurance companies to provide Long Term Disability coverage. Sample Motion Move to approve the contract with Cigna Group Insurance companies to provide Long Term Disability Insurance coverage. Grand Island Council Session - 11/14/2017 Page 330 / 479 Grand Island Council Session - 11/14/2017 Page 331 / 479 Grand Island Council Session - 11/14/2017 Page 332 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-329 Whereas, the City provides long term disability insurance to employees as prescribed in labor agreements and as authorized by the City of Grand Island Personnel Rules; and WHEREAS, the City of Grand Island has maintained a contract with Cigna Group Insurance since December 1, 2010 and has been offered a two-year renewal contract with a $0.255 per $100 covered payroll price increase; and WHEREAS, the cost for Long Term Disability Insurance benefits will be $0.255 per $100 of wages; and WHEREAS, the proposed rate is guaranteed for a two year contract period; and WHEREAS, the contract will commence on December 1, 2017 and will renew annually through November 30, 2019. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Long term Disability Insurance contract with Cigna Group Insurance is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 333 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item G-26 #2017-330 - Approving Adoption of the 2017 Hazard Mitigation Plan Staff Contact: Grand Island Council Session - 11/14/2017 Page 334 / 479 Council Agenda Memo From:Jon Rosenlund, Director of Emergency Management Meeting:November 14, 2017 Subject:Approving Adoption of the 2017 Hazard Mitigation Plan Presenter(s):Jon Rosenlund, Director of Emergency Management Background The Federal Disaster Mitigation Act of 2000 requires that local jurisdictions have a Hazard Mitigation Plan in order to identify local hazards and methods that these hazards could be mitigated. Working with the Central Platte Natural Resources District, Hall County, the City of Grand Island and other Hall County jurisdictions have completed an update of the local Hazard Mitigation Plan for adoption by the City. This Plan adoption is valid with FEMA for 5 years. Discussion The Federal Disaster Mitigation Act of 2000 requires that local jurisdictions have a Hazard Mitigation Plan in order to identify local hazards and methods that these hazards could be mitigated. Plans are reviewed by the Nebraska Emergency Management Agency and then the Federal Emergency Management Agency (FEMA). Once approved by FEMA, the plan is valid for 5 years and must be renewed following that time. Working with the Central Platte Natural Resources District, Hall County, the City of Grand Island and other Hall County political subdivisions have completed an update of the local Hazard Mitigation Plan. This plan includes the efforts and information for many jurisdictions along the Central Platte River and received input from dozens of jurisdictions. Mitigation projects identified in the Plan are not a requirement for the City to complete in a specified time, but are the City’s stated priorities for mitigation efforts should resources and opportunities avail themselves. Thus, the City is not committed to any specific expenditures by adopting this Plan, but projects identified therein are eligible for Federal and State grant funding. This Plan adoption is valid with FEMA for 5 years and will be reviewed and renewed in 5 years’ time. Failure to have an adopted hazard mitigation plan will make a jurisdiction ineligible for FEMA post disaster funding in case of a major disaster. Grand Island Council Session - 11/14/2017 Page 335 / 479 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council adopt the Central Platte NRD Hazard Mitigation Plan. Sample Motion Move to approve the 2017 Central Platte NRD Hazard Mitigation Plan. Grand Island Council Session - 11/14/2017 Page 336 / 479 HALL COUNTY APPENDIX CENTRAL PLATTE NRD MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN HALL COUNTY APPENDIX CENTRAL PLATTE NRD MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AUGUST 2017 HALL COUNTY APPENDIX CENTRAL PLATTE NRD MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN Grand Island Council Session - 11/14/2017 Page 337 / 479 CONTENTS PLAN OVERVIEW ....................................................................................................... 1 HALL COUNTY ........................................................................................................... 3 VILLAGE OF ALDA ...................................................................................................23 VILLAGE OF CAIRO .................................................................................................37 VILLAGE OF DONIPHAN ...........................................................................................51 DONIPHAN-TRUMBULL PUBLIC SCHOOL DISTRICT ...............................................65 CITY OF GRAND ISLAND ..........................................................................................75 GRAND ISLAND PUBLIC SCHOOL DISTRICT ............................................................95 CITY OF WOOD RIVER...........................................................................................107 Grand Island Council Session - 11/14/2017 Page 338 / 479 Section Seven: Hall County Appendix Overview Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 1 PLAN OVERVIEW This plan is an update to the Central Platte Natural Resources District (CPNRD) Multi-Hazard Mitigation Plan (HMP) approved in 2012. The plan update was developed in compliance with the requirements of the Disaster Mitigation Act of 2000 (DMA 2000). Hazard mitigation planning is a process in which hazards are identified and profiled, people and facilities at risk are identified and assessed for threats and potential vulnerabilities, and strategies and mitigation measures are identified. The goal of the process is to reduce risk and vulnerability, to lessen impacts to life, the economy, and infrastructure. Hazard mitigation planning increases the ability of communities to effectively function in the face of natural and manmade disasters. The potential for disaster losses and the probability of occurrence of natural and manmade hazards present a significant concern for the communities participating in this plan update. The driving motivation behind the update of this hazard mitigation plan is to reduce vulnerability and the likelihood of impacts to the health, safety, and welfare of all citizens in the planning area. To this end, the Regional Planning Team reviewed, updated, and approved goals and objectives which helped guide the process of identifying both broad-based and community-specific mitigation strategies and projects that will, if implemented, reduce their vulnerability and help build stronger, more resilient communities. The goals and objectives for this plan update are as follows: Goal 1: Protect Public Health and Safety from Natural Hazard Events Objective 1.1: Provide Adequate Public Safe Rooms and Post-Disaster Storm Shelters Objective 1.2: Improve/Provide Adequate Backup and Emergency Generators Objective 1.3: Improve Warning Systems Objective 1.4: Improve Emergency Communication Systems Objective 1.5: Improve Electrical Service Objective 1.6: Develop Emergency Snow/Evacuation Routes Objective 1.7: Study/Improve Drinking Water Supply Objective 1.8: Reduce Water Demand/Improve Drought Education Objective 1.9: Improve Response to Hazardous Materials (Hazmat) Incidents Objective 1.10: Improve Flood/Dam Failure Warning System Goal 2: Protect Existing and New Properties from Natural Hazard Events Objective 2.1: Reduce Bottleneck/Flow Restrictions Objective 2.2: Reduce Wildfire Damage Objective 2.3: Reduce Stormwater Damage Objective 2.4: Develop/Update Floodplain Information Grand Island Council Session - 11/14/2017 Page 339 / 479 Section Seven: Hall County Appendix Overview 2 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Objective 2.5: Reduce Damages in Floodplain Objective 2.6: Facility Flood Proofing Objective 2.7: Reduce Tree Damage & Damage from Trees Objective 2.8: Evaluate Stream Channelization/Bank Stabilization Objective 2.9: Improve Construction Standards and Building Survivability Objective 2.10: Evaluate and Improve Berm, Floodwall and/or Levee Goal 3: Increase Public Awareness and Education about Natural Hazard Events Objective 3.1: Community Education and Awareness Objective 3.2: Increase Soil and Water Conservation PLAN ORGANIZATION This HMP is comprised of three primary components: • The regional overview, analysis, and plan documentation • Seven participant appendices (One for each of the five participating counties plus one for the Central Platte NRD and one for communities participating outside of the five participating counties) • An appendix of procedural documentation and resolutions of adoption This participant appendix includes all participating jurisdictions from Hall County, which includes jurisdictional-specific information for each participant. Additional information regarding the planning process, demographics and asset inventory, regional risk assessment and methodology, mitigation strategy, and plan implementation and maintenance can be found in the regional portion of the plan. Grand Island Council Session - 11/14/2017 Page 340 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 3 PARTICIPANT SECTION FOR HALL COUNTY Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 341 / 479 Section Seven: Hall County Participant Section 4 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table HAL.1 provides the list of participating members that comprised the Hall County local planning team. Members of the planning team attended Round 1 and Round 2 meetings, and provided important information including, but not limited to: confirming demographic information, critical facilities, future development trends, hazard history and impacts, identifying hazards of greatest concern, and the prioritization of mitigation actions that address the hazards at risk to the County. Table HAL.1: Hall County Local Planning Team Name Title Jurisdiction/Department Jon Rosenlund Director of Emergency Management Hall County Chad Nabity Planning Director/Floodplain Administrator Hall County Steve Riehle Engineer Hall County Highway Department LOCATION AND GEOGRAPHY Hall County is located in southcentral Nebraska and is bordered by Buffalo, Howard, Merrick, Hamilton, and Adams counties. The total area of Hall County is 552 square miles. The major waterways within the County are the Platte River, Wood River, Prairie Creek, Silver Creek, Moores Creek and Beaver Creek. Most of Hall County lies in the valleys and plains topographic region, with the vast majority of the County’s land characterized by agricultural fields. CLIMATE For Hall County, the normal high temperature for the month of July is 87.7°F. The normal low temperature for the month of January is 14.0°F. On average, Hall County receives 26.7 inches of rain and 29.0 inches of snowfall per year. The following table compares these climate indicators with those of the entire state. Climate data are helpful in determining if certain events are more or less likely to occur in specific geographic locations. Table HAL.2: Climate Data for Hall County Age Hall County Planning Area State of Nebraska July Normal High Temp 87.7°F 87.0°F 88.0°F January Normal Low Temp 14.0°F 14.2°F 12.0°F Annual Normal Precipitation 26.7 inches 26.65 inches 23.89 inches Annual Normal Snowfall 29.0 inches 26.2 inches 25.9 inches Source: NCEI Climate Data Online, 1981-2010 Climate Normals *Precipitation includes all rain and melted snow and ice. TRANSPORTATION Hall County’s major transportation corridors include Interstate 80, Highways 2, 11, 30, and 281 with railways including Union Pacific, Burlington Northern–Santa Fe, and Nebraska Central Railroad Company. There is an airport, the Central Nebraska Regional Airport, located northeast of Grand Island. Grand Island Council Session - 11/14/2017 Page 342 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 5 Figure HAL.1: Hall County Map Grand Island Council Session - 11/14/2017 Page 343 / 479 Section Seven: Hall County Participant Section 6 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 DEMOGRAPHICS The following figure displays the historical population trend from 1930 to 2014. This figure indicates that the population of Hall County has been increasing since 1930. This is notable for hazard mitigation for several important reasons. When population is increasing, areas of the County may experience housing developments. Increasing populations can also represent increasing tax revenue for the County, which could make implementation of mitigation actions possible. Figure HAL.2: Population 1930 – 2014 Source: U.S. Census Bureau The following table indicates that Hall County has a higher percentage of people under the age of 5 than the state. However, Hall County has slightly lower percentages of the population between the ages of 5 and 64 and older than 64 years of age when compared to the state. Finally, the County has a lower median age than that of the state. Table HAL.3: Population by Age Age Hall County State of Nebraska <5 8.1% 7.2% 5-64 78.5% 79.2% >64 13.4% 13.6% Median 35.9 36.2 Source: U.S. Census Bureau, 2010, Table DP-1 The following table indicates that the County’s median household income is higher when compared to the State of Nebraska, however the County’s per capita income is lower than that of the state. The median home value and rent are also lower than the rest of the state. These economic indicators are relevant to hazard mitigation because they indicate the relative economic strength compared to the state as a whole. 27,117 27,523 32,186 35,757 42,851 47,690 48,925 53,534 58,607 60,223 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 1930 1940 1950 1960 1970 1980 1990 2000 2010 2014 (ACS)PopulationYear Population Grand Island Council Session - 11/14/2017 Page 344 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 7 Table HAL.4: Housing and Income Hall County State of Nebraska Median Household Income $61,677 $52,400 Per Capita Income $24,075 $27,339 Median Home Value $118,300 $130,100 Median Rent $656 $721 Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP03 and DP04 According to 2010-2014 ACS 5-year estimates, the County has 23,836 housing units with 94.1 percent of those units occupied. There are approximately 962 mobile homes in the County. The initial Flood Insurance Rate Map (FIRM) was developed in August 1990. Figure HAL.3: Housing Units by Year Built Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP04 Table HAL.5: Housing Units Jurisdiction Total Housing Units Occupied Housing Units Occupied Vacant Owner Renter Number Percent Number Percent Number Percent Number Percent Hall County 22,418 94.1% 1,418 5.9% 14,326 63.9% 8,092 36.1% Nebraska 731,347 90.8% 73,909 9.2% 486,036 66.5% 245,311 33.5% Source: Selected Housing Characteristics: 2010 - 2014 ACS 5-year estimate MAJOR EMPLOYERS According to 2014 Business Patterns Census Data, Hall County had 1,822 business establishments. The following table presents the number of establishments, number of paid employees, and the annual pay role in thousands of dollars. This information is relevant to hazard mitigation insofar as it indicates the diversification of industry. Communities which have a diverse economic makeup may be more resilient following a hazardous event, especially if certain industries are more impacted than others. 4,667 1,183 2,945 3,084 4,632 2,285 2,650 2,098 292 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 Before 1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-Housing Units BuiltYears Built Housing Age Grand Island Council Session - 11/14/2017 Page 345 / 479 Section Seven: Hall County Participant Section 8 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Table HAL.6: Business in Hall County Total Businesses Number of Paid Employees Annual Payroll (in thousands) Total for all Sectors 1,822 30,308 $1,068,434 Source: U.S Census 2014, Table CB1400A11 Agriculture is important to the economic fabric of Hall County, and the state of Nebraska as a whole. Hall County’s 593 farms cover 329,668 acres of land. Crop and livestock production are the visible parts of the agricultural economy, but many related businesses contribute as well. Related business contributions include producing, processing and marketing farm and food products. These businesses generate income, employment, and economic activity throughout the region. Table HAL.7: Hall County Agricultural Inventory Hall County Agricultural Inventory Number of Farms 593 Land in Farms 329,668 acres Source: USDA 2012 Census of Agriculture FUTURE DEVELOPMENT TRENDS In the last five years, agricultural outbuildings have been added, but no additional new housing or industrial developments have been added. There are no plans for new businesses, industry, or housing developments at this time. PARCEL IMPROVEMENTS AND VALUATION GIS parcel data was requested from the County Assessor. This data was analyzed for the location, number, and value of property improvements at the parcel level. The data did not contain the number of structures on each parcel. A summary of the results of this analysis is provided in the following table. Table HAL.8: Parcel Improvements Number of Improvements Total Improvement Value Mean Value of Improvements Per Parcel Number of Improvements in Floodplain Value of Improvements in Floodplain 26,175 $3,142,032,878 $120,039 4,337 $485,242,269 Source: Hall County Assessor CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are 37 chemical storage site that house hazardous materials in Hall County. Six of these sites are located in either the 1 or 0.2 percent floodplain (Figure HAL.5). Table HAL.9: Chemical Storage Fixed Sites Facility Address City In Floodplain? Agricultural Services Inc 150 Railroad St Alda No Agricultural Services Inc 6068 N Highway 11 Cairo Yes – 1% Aurora Co-op Elevator Company 10501 W One-R Rd Cairo Yes – 1% AT&T 0610 190th Rd Cairo No CenturyLink 103 E Nile St Cairo No Agricultural Services Inc 101 E Pine St Doniphan No Nebraska Machinery Co 10501 S US Highway 281 Doniphan No Aurora Co-op Doniphan Plant 101 E Plum St Doniphan No Pioneer Hi-Bred Intl Inc 12937 S US Highway 281 Doniphan No Grand Island Council Session - 11/14/2017 Page 346 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 9 Facility Address City In Floodplain? NPPD Doniphan Sys Control Ctr 2060 W Platte River Dr Doniphan No Doniphan Remote 106 W Plum St Doniphan No Agricultural Services Inc 2777 N Broadwell Ave Grand Island No Alter Nebraska Corporation 1119 E 4th St Grand Island No AmeriCold Logistics LLC 204 E Roberts St Grand Island No AT&T Communications 0900 144 W Roberts St Grand Island No Aurora Co-op Elevator Company 4155 E US Highway 30 Grand Island Yes – 1% Aurora Co-op Elevator Company 920 N Shady Bend Rd Grand Island No C W Burdick Generating Station 800 Bischeld St Grand Island No CenturyLink 105 N Wheeler Ave Grand Island No Charter Communications 2533 W Old Lincoln Hwy Grand Island No Charter Communications 205 N Webb Rd Grand Island No Chief Industries Inc 1119 S Adams St Grand Island No Christensen Concrete Products 235 W Roberts St Grand Island No Christensen Concrete Products 3990 W US Highway 30 Grand Island No CNH America LLC - Miller Bldg 1011 Claude Rd Grand Island No CNH Industrial America LLC 3445 W Stolley Park Rd Grand Island No Coca-Cola Refreshments 1617 Holland Dr Grand Island No Darling Ingredients Inc 5251 W Guenther Rd Grand Island Yes – 1% Diamond Truck Wash 6499 S US Highway 281 Grand Island No Gerhold Concrete Co 1431 S Webb Rd Grand Island No GIUD Burdick Reservoir S Stuhr Rd Grand Island No GIUD Rogers Reservoir 3990 W Old Potash Hwy Grand Island No Grand Island Potable Water 2700 Wellfield Rd Grand Island No Grand Island Water Department 364 N Pine St Grand Island No Lineage Logistics LLC 205 E Roberts St Grand Island No McCain Foods USA Inc 2629 N Broadwell Ave Grand Island No Optimas OE Solutions 3319 Island Cir Grand Island No Overhead Door Co 2514 E US Highway 30 Grand Island No Platte Generating Station 1035 W Wildwood Dr Grand Island No Platte Valley Energetics LLC 8318 W Old Potash Hwy Grand Island No Sprint Grand Island POP 333 N Pine St Grand Island No Standard Iron Inc 4160 Gold Core Rd Grand Island No Swift Beef Company 555 S Stuhr Rd Grand Island No The Home Depot Store 3208 911 Allen Dr Grand Island No VA Nebraska - Western Iowa HCS 2201 N Broadwell Ave Grand Island No Verizon Wireless MTSO 3650 W 13th St Grand Island No Verizon Wireless Newfair 1203 S Stuhr Rd Grand Island Yes – 1% Windstream Communications 3650 W 13th St Grand Island No Wilbur-Ellis Company 11544 W Rosedale Rd Prosser No Aurora Co-op Elevator Company 6236 S Schauppsville Rd Wood River Yes – 0.2% Agricultural Services Inc 106 W Railroad St Wood River No Cooperative Producers Inc 15123 W Wood River Rd Wood River No Green Plains Wood River LLC 7874 S 140th Rd Wood River No Source: Nebraska Department of Environmental Quality, 2016 Grand Island Council Session - 11/14/2017 Page 347 / 479 Section Seven: Hall County Participant Section 10 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure HAL.4: Zoning Map Grand Island Council Session - 11/14/2017 Page 348 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 11 HISTORIC SITES Per the National Register of Historic Places for Nebraska, there are five historic sites located in rural Hall County. Urban sites for Hall County can be found in their respective participant sections. Table HAL.10: National Historic Registry Site Name Date Listed In Floodplain? Lincoln Highway-Grand Island Seeding Mile 4/24/2013 No William Stolley Homestead and Site of Fort Independence 4/21/1976 No Shady Bend Gas Station, Grocery & Diner 7/2/2008 No Nine Bridges Bridge 6/29/1992 Yes Townsley-Murdock Immigrant Trail Site 3/5/1998 No Source: Nebraska State Historical Society, 2016 CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public (i.e. Red Cross Shelter), and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provides a summary of the critical facilities for the jurisdiction. Table HAL.11: List of Critical Facilities in Hall CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 1 Hall County Jail 112 Public Safety Drive, Grand Island, NE 68801 N Y N 2 Hall County Courthouse 111 W. 1st Street, Grand Island, NE 68801 N Y N 3 Law Enforcement Center 111 Public Safety Drive, Grand Island, Nebraska 68801 N N N 4 Nebraska State Patrol 3431 W Old Potash Hwy, Grand Island, NE 68801 N Y N 5 Hall County PW 2900 W. 2nd Street, Grand Island, NE 68803 N Y N 6 FBI Office 203 W 2nd Street, Grand Island, NE 68801 N N N 7 Nebraska Health & Human Services 116 S. Pine St., Grand Island, NE 68801 N N N 8 Central District Health Dept. 1137 S. Locust Grand Island, NE 68801 N Y N 9 Hall County Admin 121 South Pine Street, Grand Island, NE 68801 N N N 10 NDOR Maintenance Yard 3305 W. Old Potash Hwy, Grand Island NE 68803 N Y N 11 NDOR District Office 211 N. Tilden St. Grand Island, NE N Y N 12 KRGI Station 3205 W. North Front St., Grand Island, NE 68803 N Y N 13 KRGI Transmitter Lat N 40-52-26 Long W 98-16-24 N Y N 14 KRGI Transmitter Lat N 40-51-53 Long W 98-23-47 N Y Y Grand Island Council Session - 11/14/2017 Page 349 / 479 Section Seven: Hall County Participant Section 12 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure HAL.5: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 350 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 13 HISTORICAL OCCURRENCES The following table provides a statistical summary for hazards that have occurred in the County. The property damages from the NCEI Storm Events Database (January 1996 – December 2015) should be considered only as broad estimates. Sources include, but are not limited to: emergency management, local law enforcement, Skywarn spotters, NWS damage surveys, newspaper clipping services, insurance industry, and the general public. Crop damages are from the USDA Risk Management Agency (RMA) between 2000 and 2015. Table HAL.12: NCEI Severe Weather Events HAZARD TYPE COUNT PROPERTY LOSS CROP LOSS3 Agricultural Disease Animal Disease2 2 - - Plant Disease3 19 - $292,424 Chemical Spills-Transportation4 157 $339,450 - 8 Injuries Drought1 17 $0 $9,215,609 Extreme Heat1 2 $200,000 $4,129,854 Flooding1 Flash Flood 11 $10,471,000 $1,501,373 Flood 11 $115,000 Grass/Wildfires5 51 5,247.8 acres $0 High Winds1 33 $209,080 $4,994,094 Average: 51 kts Range: 35 - 70 kts Severe Thunderstorms1 Thunderstorm Wind 102 $3,273,000 $6,152,756 Average: 56 kts Range: 50 - 80 kts Hail 173 $10,362,000 $20,920,536 Average: 1.18 in. Range: 0.75 - 3.00 in. Heavy Rain 11 $0 - Severe Winter Storms1 Blizzard 5 $30,000 $355,905 Heavy Snow 2 $0 Ice Storm 6 $230,000 Severe Winter Storm 41 $435,000 2 Deaths; 4 Injuries Tornadoes1 Funnel Cloud 8 $0 $0 Tornado 10 $1,005,000 $0 Most Common Rating: F0 Range: EF0 - F1 Total $26,669,530 $47,562,551 1 Data from NCEI (1996 - 2015) 2 Data from NDA (2014-2016) 3 Data from USDA RMA (2000 – 2015) 4 Data from PHMSA (1970 - 2016) 5 Data from NFS (2000 – 2014) in. = inches; kts = knots Grand Island Council Session - 11/14/2017 Page 351 / 479 Section Seven: Hall County Participant Section 14 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 COUNTY HAZARD PRIORITIZATION For an in-depth discussion regarding these area wide hazards, please see Section Four: Risk Assessment. The following discussion provides county-specific information as reported by the local planning team. Only hazards identified either as a concern to the County by the local planning team, or based on the occurrence and risk of the hazard to the County are discussed in detail below. Flooding Waterways in the County include the Platte River, Wood River, Prairie Creek, Moores Creek, Silver Creek, and Dry Creek. The Platte River is the controlling drainage for most of the County, which means that the waterways listed previously either run parallel or drain into the Platte River. Riverine and ice jam flooding are the primary concerns for Hall County. The unincorporated area of Hall County has 106 NFIP policies in-force for $ 8,344,800. There is one single family repetitive flood loss property in an unincorporated area of Hall County. The following table is parcel improvement information as provided by the County Assessor for the entire County area. It indicates that an estimated 16.6 percent of all parcel improvements in the County are located in the floodplain. Table HAL.14: Structures in the 1% Annual Flood Risk Area Value of Improvements in Floodplain Number of Improvements in Floodplain Total Number of Improvements in County Percentage of Improvements in Floodplain $485,242,269 4,337 26,175 16.6% Source: Hall County Assessor According to the County Emergency Manager, there have been several floods along the Platte River just in the past few years. The following list provides a brief description of each of these events: • Platte River Ice Jam, January 2015: Minor ice jam flooding in Hall County near Hwy 34 and Platte River. • Platte River Flood, May-June 2015: Minor flooding near I-80 Exit 312 and surrounding fields. Hotels and restaurant surrounded but not damaged. • Platte River Ice Jam, January 2015: Ice Jam flooding from Alda to the end of Hall County. Damaged roads leading to Grand Island Utilities water wellfields east of South Locust north of the Interstate near Exit 314. County Road damage to Shoemaker Island Road on Shoemaker Island between branches of the Platte. Homes along Shoemaker Island Road surrounded but not damaged. • Plate River Flood, November 2014: Ice Jam flooding near I-80 Exit 312 and surrounding fields. Homes south of Mormon Island impacted. Nine Bridge Road bridge impacted by debris and ice. • Platte River Ice Jam, Feb – March 2014: Ice Jam flooding near I-80 Exit 312 and surrounding fields. Hotels & restaurant surrounded, but not damaged. • Platte River Flood, September 2013: Minor flooding near I-80 Exit 312 and surrounding fields. It has been noted that floods following heavy rains appear to be decreasing in occurrence over the past four to five years along the Silver and Prairie Creeks. This is most likely due to the progress made on the detention cells for the Prairie Silver Moore’s flood control project near Grand Island. Mitigation projects for flooding include stormwater drainage studies, implementing recommendations from the studies, and improving electrical service. Grand Island Council Session - 11/14/2017 Page 352 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 15 Hail Hail storms can cause serious damage to buildings throughout Hall County, as well as damage crops, which can have a large economic impact across the County. Per the NCEI database, 173 hail events have been reported since 1996 causing over $10.3 million in damages and nearly $21 million in crop damages as reported by the RMA. The County Emergency Management regularly provides public education on hazards. The County has also identified reducing damage from trees during hail and thunderstorms events as a mitigation action. Severe Thunderstorms Severe thunderstorms are a common occurrence in the region and have caused damage to property and crops. The local planning team is concerned with possible damage to government property as well as private and residential property. Heavy rains associated with severe thunderstorms can also cause flash flooding in poor drainage areas. There have been no reports of damages to critical facilities from severe thunderstorms in the past. Backup power generators are available at several critical facilities including the 911 Center, Fire Stations, Courthouse, Sheriff’s Office, and County Public Works. Hall County completed the StormReady certification in 2016. Mitigation actions to reduce the impacts of severe thunderstorms include improving electrical service, reducing damages from trees, and providing backup power generators to critical facilities in need. Severe Winter Storms Heavy snow, blowing and drifting snow, and ice accumulation can cause road closures, the need for rescuing stranded motorists, power outages, and property damage. On December 30, 2006, a significant ice storm lead to ice accumulation on power lines, trees, and roads. This lead to widespread tree damage, along with power outages, and damage to power lines and poles. Many residents were without power for several days. Total property damages across the region were estimated at $10 million. The Christmas Blizzard of 2009 dumped approximately 12 inches of snow across the County. The combination of heavy snow and high winds lead to white-out conditions, which lead to numerous roadway closures. This included the closing of Interstate 80. More recently, on February 1, 2016, 18 inches of snow fell along with high winds caused blowing and drifting snow making travel impossible. Currently, County snow removal resources, which includes motor graders and front end loaders, are sufficient. City resources, though, need to be improved. Mitigation actions include improving electrical service and obtaining backup generators for critical facilities in need. Tornadoes and High Winds Tornadoes and high winds have a long and devastating history in Hall County. On June 3rd, 1980, several tornadoes hit Grand Island, devastating entire sections of the community, especially the City’s northwest and north central residential areas, and the southern business district. The tornadoes killed five people and injured more than 400. When it was over, the tornadoes had caused $300 million in damages. This event is most famously referred to as Night of the Twisters after a book and television movie were made based on these events. In 1994, a smaller tornado in northwest Grand Island struck a train, overturning several boxcars. High winds are a constant risk to all structures in Hall County. Since 1996, over $200,000 in property damages have been reported to the NCEI database. Radio antennas were damaged in 2006-2007 during an ice storm with high winds. The County offers text alerts through AlertSense, for which residents can register at no cost. County Emergency Management also conducts regular public presentations, storm spotter training, and general information through various communications channels. Mitigation actions include constructing public safe rooms and obtaining backup power generators for critical facilities in need. Grand Island Council Session - 11/14/2017 Page 353 / 479 Section Seven: Hall County Participant Section 16 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure HAL.6: Hall County FIRM Panel Grand Island Council Session - 11/14/2017 Page 354 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 17 GOVERNANCE A community’s governance structure impacts its capability to implement mitigation actions. Hall County is governed by a seven member Board of Supervisors. The County also has the following offices and departments: • County Clerk • County Treasurer • County Assessor • Building and Grounds Department • Emergency Management • Highway Superintendent • IT Department • Public Works Department • Parks and Recreation • Planning and Zoning • Floodplain Administrator • Sheriff’s Department • Surveyor CAPABILITY ASSESSMENT Thus far, the planning process has identified the major hazards for the County, and described and quantified the vulnerability of the County to these risks by acquiring updated information from FEMA, local jurisdictions, and other sources. The following step, referred to as a capability assessment, assesses what loss prevention or preparedness mechanisms are already in place. Combining the risk assessment with the local capability assessment results in a stronger mechanism for understanding a locality’s “net vulnerability,” and to what extent they are able to implement the identified goals, objectives, and actions. A two-step approach was applied to conduct this assessment for each participant. First, an inventory of common mitigation activities was developed through the Capability Assessment Survey completed by the participants’ representatives. Four major local capabilities were examined in this assessment, and they are planning & regulatory capability, administrative & technical capability, fiscal capability, and education & outreach capability. The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken, if deemed appropriate. Second, local existing policies, regulation, plans, and programs were reviewed and evaluated to determine their contributions to reducing hazard- related losses. Table HAL.15: Capability Assessment Survey Components/Subcomponents Yes/No Planning & Regulatory Capability Comprehensive Plan Yes Capital Improvements Plan Yes Economic Development Plan No Emergency Operational Plan Yes Floodplain Management Plan No Storm Water Management Plan No Zoning Ordinance Yes Subdivision Regulation/Ordinance Yes Floodplain Ordinance Yes Building Codes Local Codes National Flood Insurance Program Yes Community Rating System No Other (if any) Grand Island Council Session - 11/14/2017 Page 355 / 479 Section Seven: Hall County Participant Section 18 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Survey Components/Subcomponents Yes/No Administrative & Technical Capability Planning Commission Yes Floodplain Administration Yes GIS Capabilities Yes Chief Building Official Yes Civil Engineering Yes Local Staff Who Can Assess Community’s Vulnerability to Hazards Yes Grant Manager Yes Mutual Aid Agreement Yes Other (if any) Fiscal Capability Capital Improvement Plan/1 & 6 Year plan Yes Applied for grants in the past Yes Awarded a grant in the past Yes Authority to Levy Taxes for Specific Purposes such as Mitigation Projects Yes Gas/Electric Service Fees No Storm Water Service Fees No Water/Sewer Service Fees No Development Impact Fees No General Obligation Revenue or Special Tax Bonds No Other (if any) Education & Outreach Capability Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Ex. CERT Teams, Red Cross, etc. Yes Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) Yes Natural Disaster or Safety related school programs Yes StormReady Certification Yes Firewise Communities Certification No Tree City USA No Other (if any) Table DAW.16: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the county have the financial resources needed to implement mitigation projects? Limited Does the county have the staff/expertise to implement projects? Moderate Is there county support to implement projects? Moderate Does the county staff have time to devote to hazard mitigation? Limited Grand Island Council Session - 11/14/2017 Page 356 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 19 PLAN INTEGRATION The following paragraphs provide a summary of the community plans that were analyzed using guidance from FEMA’s 2014 Plan Integration Guide. The Hall County Comprehensive Plan, last updated in 2004, contains some of the goals and objectives consistent with hazard mitigation. The plan directs development away from the flood and chemical storage facilities. It also limits density in areas adjacent to known hazardous areas, encourages infill development, clustering of development in sensitive areas, and elevation of structures located in the floodplain. Furthermore, it encourages the preservation of open space in hazard-prone areas and allows for emergency access to all areas of the County. At this time, there are no current plans to further incorporate the HMP into the Comprehensive Plan. The County Zoning Ordinance was also last updated in 2004, but there have been occasional changes since then. The Ordinance discourages development in the floodplain, requires at least one-foot of elevation above base flood elevation in the floodplain, and prohibits development within the floodways. Additionally, it discourages residential development near chemical storage sites and along major transportation routes. The Ordinance also encourages maintaining open space within the floodplain and accounts for current population trends. The County Emergency Operations Plan is reviewed and updated annually, with the last major updated completed in 2015. The Plan is an all hazards plan that assigns specific responsibilities to individual communities. It also identifies scenarios that would require evacuation including critical evacuation routes, and routes that are vulnerable to flooding. Shelter locations are also included for each community in the County. The Building Codes for Hall County were recently updated in 2016 and are based on the 2012 International Building Codes. The Codes outline proper sump pump installation, allow for raingardens in residential areas, and require the use of fire resistant building materials. The County also has a 1 & 6-Year Road Plan and is updated annually. The Plan includes many hazard mitigation projects such as stormwater projects, upsizing culverts and drainage structures, and regular maintenance of drainage structures. It also includes upgrading storm sewer system, the installation of street aprons to facilitate drainage, and improving transportation routes for drainage. Lastly, the plan includes bridge improvements and constructing a new public works facility. MITIGATION STRATEGY Completed Mitigation Actions Improve Warning Systems Description Evaluate current warning systems (defined as alert sirens, weather radios, and television, telephone, and radio warning systems, etc.); improve warning systems/develop new warning system; obtain/upgrade warning system equipment and methods; conduct evaluation of existing alert sirens for replacement or placement of new sirens; identify location of weather warning radios; improve weather radio system; obtain/upgrade weather radios Hazard(s) Addressed All Hazards Location Hall County Incorporated Areas Funding General Funds and HMGP Status Completed 2011. Grand Island Council Session - 11/14/2017 Page 357 / 479 Section Seven: Hall County Participant Section 20 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Improve Emergency Communication Systems Description Develop Emergency Communication Action Plan; implement Emergency Communication Action Plan; obtain/upgrade emergency communication equipment Hazard(s) Addressed All Hazards Estimated Cost $5,000+ Location Hall County Funding General Funds and EMPG Status Completed 2015. Community Education and Awareness Description Obtain or develop hazard education materials; conduct multi-faceted public education; distribute fact sheets or maps at community events, public schools, other venues and to public and private communication systems; conduct scheduled siren/warning system tests; prepare educational materials listing safe rooms and shelters and evacuation plans; distribute educational materials listing safe rooms and shelters; purchase equipment such as overhead projectors and laptops to facilitate presentation of information Hazard(s) Addressed All Hazards Location Hall County Funding General Funds Status Completed 2008. Water Supply Augmentation/Conservation Description Apply for a new and separate water supply; contract with Grand Island to construct a water line Hazard(s) Addressed Drought Location 18 inch Water Main from Grand Island to Alda Funding Enterprise Funds Status Completed 2014. Ongoing and New Mitigation Actions Improve/Provide Adequate Backup and Emergency Generators Description Identify and evaluate current backup and emergency generators; obtain additional generators based on identification and evaluation; provide portable or stationary source of backup power to redundant power supplies, municipal wells, lift stations and other critical facilities and shelters Hazard(s) Addressed All Hazards Estimated Cost $20,000 - $75,000+ per generator Funding General Funds, HMGP Timeline 5+ years Priority Medium Lead Agency Individual Departments Status Several facilities have purchased and installed generators, but a few remaining facilities need generators. Grand Island Council Session - 11/14/2017 Page 358 / 479 Section Seven: Hall County Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 21 Reduce Damages from Floods, Stormwater, and Heavy Precipitation Event Description Conduct stormwater drainage study; evaluate and implement recommendations or comparable measures to improve drainage; evaluate and improve stormwater system Hazard(s) Addressed Flooding Estimated Cost $10,000 - $100,000+ depending on project Funding General Funds Timeline 5+ years Priority Medium Lead Agency Public Works Status Public Works regularly evaluates flooding and drainage issues. Provide Adequate Public Safe Rooms and Post-Disaster Storm Shelters Description Identify and evaluate existing safe rooms and/or storm shelters; improve and/or construct safe rooms and/or storm shelters; design and construct storm shelters and safe rooms in highly vulnerable areas such as mobile home parks, campgrounds, schools, etc. Hazard(s) Addressed Tornadoes, Severe Thunderstorms Estimated Cost $150/sf for retrofit; $300/sf for new construction Funding General Fund, Bonds, HMPG Timeline 5+ years Priority Medium Lead Agency Emergency Management, Local Agencies Status Head start building beginning its construction. Stuhr Museum in planning stage. Grand Island Public Schools incorporating safe rooms in construction of new school buildings. Improve Electrical Service Description Evaluate hardening, retrofitting, looping and/or burying of power lines and related infrastructure and/or comparable protection measures; provide looped distribution service and other redundancies in the electrical system as a backup power supply in the event the primary system is destroyed or fails; implement measures to improve electrical service; bury power lines for future construction Hazard(s) Addressed All Hazards Estimated Cost Varies by Project Funding Enterprise Funds, PPD Timeline 5+ years Priority Medium Lead Agency Public Works Status New electrical services are buried. Reduce Tree Damage & Damages from Trees Description Conduct tree inventory; develop tree maintenance/trimming program; implement tree maintenance/trimming program; remove hazardous limbs and/or trees Hazard(s) Addressed Tornadoes, Severe Winter Storms, Severe Thunderstorms, High Winds, Grass/Wildfire Estimated Cost Unknown Funding General Funds Timeline 2 – 5 years Priority Medium Lead Agency Parks and Recreation Status Tree inventory planned for 2017. Grand Island Council Session - 11/14/2017 Page 359 / 479 Section Seven: Hall County Participant Section 22 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Develop an Emergency Preparedness Plan Description Develop an Emergency Preparedness Plan (EPP) for the Grand Island Levee System in coordination with Hall County Emergency Management and the CPNRD; the plan should include stakeholder roles and responsibilities, a risk communication plan, emergency activation levels, activation process, evacuation plan, and training and exercise plan Hazard(s) Addressed Levee Failure Estimated Cost $10,000 Funding General Funds Timeline 1 year Priority High Lead Agency Planning Commission, Emergency Management, CPNRD Status Early planning stages. Planning workshop conducted April 2017. Removed Mitigation Actions Maintain NFIP Participation Description Continue to regulate development in floodplain areas; additional floodplain mapping/remapping Reason for Removal County will continue to participate in program, however, this is no longer considered a hazard mitigation action. Prevent Injury or Loss of Life in Manufactured Homes Description Ensure that all manufactured homes are secured with tie-downs or are properly anchored to prevent rolling during high winds; educate owners of these properties on the availability of techniques to make the dwelling safer Reason for Removal Low community and county support for the project at this time. Grand Island Council Session - 11/14/2017 Page 360 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 23 PARTICIPANT SECTION FOR THE VILLAGE OF ALDA Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 361 / 479 Section Seven: Village of Alda Participant Section 24 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table ALD.1 provides the list of participating members that comprised the Village of Alda local planning team. Members of the planning team attended Round 1 and Round 2 meetings, and provided important information including, but not limited to: confirming demographic information, critical facilities, future development trends, hazard history and impacts, identifying hazards of greatest concern, and the prioritization of mitigation actions that address the hazards at risk to the community. Table ALD.1: Village of Alda Local Planning Team Name Title Department / Organization Ramona Schafer Clerk and Treasurer Village of Alda Jerry Bond Chairperson Village Board Ron Miles Board Member Village Board Jerry Shears Board Member Village Board Linda Thompson Board Member Village Board Verna Rae Clampitt Board Member Village Board LOCATION AND GEOGRAPHY The Village of Alda is located in the center of Hall County and covers an area of 0.35 square miles. The major waterway in the area is the Wood River. TRANSPORTATION Alda’s major transportation corridor is Highway 30 which has an average of 4,640 vehicles per day with 405 of those categorized as heavy commercial vehicles. Alda has one rail line, a Union Pacific line. At Alda, the line runs in a northeast to southwest direction and is located south of Highway 30. DEMOGRAPHICS The following figure displays the historical population trend from 1930 to 2014. This figure indicates that the population of Alda has been increasing since 1960 with a slight decline period from 1980 to 1990. Population again increased from 1990 to 2000, but then a slight decline since 2000. Figure ALD.1: Population 1930 - 2014 Source: U.S. Census Bureau 153 151 190 229 456 601 540 652 642 635 0 100 200 300 400 500 600 700 1930 1940 1950 1960 1970 1980 1990 2000 2010 2014 (ACS)PopulationYear Population Grand Island Council Session - 11/14/2017 Page 362 / 479 Section Seven: Village of Alda Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 25 Figure ALD.2: Map of the Village of Alda Grand Island Council Session - 11/14/2017 Page 363 / 479 Section Seven: Village of Alda Participant Section 26 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 The following table indicates the Village has a higher percentage of the population under the age of 5 and a slightly higher percentage of population between 5 and 64 years of age when compared to the County and the state. However, Alda has a slightly lower percentage of its population over the age of 64 as compared to the County, but has a comparable median age. Table ALD.2: Population by Age Age Alda Hall County State of Nebraska <5 10.1% 8.1% 7.2% 5-64 79.4% 78.5% 79.2% >64 10.4% 13.4% 13.6% Median 35.9 35.9 36.2 Source: U.S. Census Bureau, 2010, Table DP-1 The following table indicates that Alda’s median household income, per capita income, and median home value are all lower than the County’s. However, Alda has a significantly higher median rent value than the County. Table ALD.3: Housing and Income Alda Hall County State of Nebraska Median Household Income $45,781 $61,677 $52,400 Per Capita Income $17,753 $24,075 $27,339 Median Home Value $74,000 $118,300 $130,100 Median Rent $803 $656 $721 Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP03 and DP04 According to 2010-2014 ACS 5-year estimates, the community has 243 housing units with 97.1 percent of those units occupied. There are approximately 69 mobile homes in the community. A mobile home park is located along Highway 30 on the west side of town. The initial Flood Insurance Rate Map (FIRM) was developed in September 2008. Figure ALD.3: Housing Units by Year Built Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP04 46 11 9 31 83 14 33 16 0 0 10 20 30 40 50 60 70 80 90 Before 1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-Housing Units BuiltYears Built Housing Age Grand Island Council Session - 11/14/2017 Page 364 / 479 Section Seven: Village of Alda Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 27 Table ALD.4: Housing Units Jurisdiction Total Housing Units Occupied Housing Units Occupied Vacant Owner Renter Number Percent Number Percent Number Percent Number Percent Alda 236 97.1% 7 2.9% 183 77.5% 53 22.5% Hall County 22,418 94.1% 1,418 5.9% 14,326 63.9% 8,092 36.1% Source: Selected Housing Characteristics, 2010 - 2014 ACS 5-year Estimates MAJOR EMPLOYERS The major employers in the community are Hornady, PMI, Traid, Futek, Bullet Weights, and Merrick Machines. Many of the residents in Alda commute to neighboring communities such as Grand Island, Kearney, and Wood River for work. FUTURE DEVELOPMENT TRENDS Over the past five years, two new businesses have opened in Alda: PMI and Hornady Manufacturing. A new road was resurfaced and extended water and sewer lines on Wildwood Drive. Also, Apollo and Saturn Roads were also resurfaced. In the next five years, the local planning team indicated that a new housing development is planned for the Argo 6th subdivision. There are no new businesses expected in the next five years. Alda’s population is growing. This is due, reports the local planning team, to low property taxes and available lots to new residents. PARCEL IMPROVEMENTS AND VALUATION GIS parcel data was requested from the County Assessor. This data was analyzed for the location, number, and value of property improvements at the parcel level. The data did not contain the number of structures on each parcel. A summary of the results of this analysis is provided in the following table. Table ALD.5: Parcel Improvements Number of Improvements Total Improvement Value Mean Value of Improvements Per Parcel Number of Improvements in Floodplain Value of Improvements in Floodplain 331 $20,166,997 $60,927 0 $0 Source: Hall County Assessor CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there is one chemical storage site that houses hazardous materials in Alda. There are no chemical storage sites located in the floodplain (Figure ALD.4). Table ALD.6: Chemical Storage Fixed Sites Facility Address In Floodplain? Agricultural Services Inc. 150 Railroad St No Source: Nebraska Department of Environmental Quality HISTORIC SITES According to the National Register of Historic Places for Nebraska, there are no historic sites located in or near Alda. Grand Island Council Session - 11/14/2017 Page 365 / 479 Section Seven: Village of Alda Participant Section 28 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public (i.e. Red Cross Shelter), and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Table ALD.7: List of Critical Facilities in Alda CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 1 Village Hall/Community Center 6410 W US HWY 30 Y Y N 2 Fire Hall 100 Apollo Ave N Y – portable N 3 Water Tower and Well 100 Apollo Ave N N N 4 Well 3820 S 60th Rd N Y N 5 Wastewater Lagoon 5159 S Alda Rd N N N Grand Island Council Session - 11/14/2017 Page 366 / 479 Section Seven: Village of Alda Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 29 Figure ALD.4: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 367 / 479 Section Seven: Village of Alda Participant Section 30 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. LOCAL HAZARD PRIORITIZATION For an in-depth discussion regarding these area wide hazards, please see Section Four: Risk Assessment. The following discussion provides community-specific information as by the local planning team. Only hazards identified either as a concern to the community by the local planning team or based on the occurrence and risk of the hazard to the community are discussed in detail below. Chemical Spills (Transportation) The Village of Alda is concerned about chemical spills on the Union Pacific railway and Hwy 30. Gasoline, oil, anhydrous ammonia, and other unknown chemicals are regularly transported on these routes. There are no significant chemical spills reported by PHMSA. Critical facilities vulnerable to a chemical spill during transportation include the Village Office and Community Center, the water tower, Fire Hall, water booster station, and wastewater lagoons. Mitigation plans include identifying an emergency shelter for vulnerable populations, participating in hazardous spill emergency exercises, providing public education on the hazards associated with chemical spills, and improving available first responder equipment. Flooding Although flooding was not identified as a hazard of top concern for the community, the Village does have a history of flooding. In 2005, torrential rainfall of 5-11 inches on May 11 and 12 led to widespread flash flooding throughout the County. Alda was part of an area that was declared a federal disaster area. Wood River near Alda, which had been dry for three years, tied a record with a crest of 12.2 feet early on the 12th. Records also indicate that Wood River flooded in 1967, 1968, and 1969, although no damage estimates are available. Flood crest data indicates that the June 1968 flood was 11.7 feet and the March 1969 event was 12 feet. The National Centers for Environmental Information reported a flood event for Alda on February 20, 2007. The Village of Alda has flood risk areas to the south and east of the Village. Alda is a member of the NFIP however there are no NFIP policies in-force. There are no repetitive flood loss properties in the Village of Alda. The following table is parcel improvement information as provide by the County Assessor. It indicates there are no parcel improvements located in the floodplain. Table ALD.8: Structures in the 1% Annual Flood Risk Area Value of Improvements in Floodplain Number of Improvements in Floodplain Total Number of Improvements in Community Percentage of Improvements in Floodplain $0 0 331 0% Source: Hall County Assessor Alda plans to mitigate further damages from flooding with public education. Hail The local planning team’s concerns regarding hail center on property damage. The most significant event in recent history occurred in June of 1997. During this event, one-inch hail combined with 60 mph winds and caused tree and property damages totaling $150,000. A second storm in August of 2014 caused $150,000 in property damages due to one-inch hail combined with 60 mph wind. Alda’s critical facilities are not fitted with hail resistant building materials, but they are insured against hail damage. Future mitigation plans include implementing a tree planting and maintenance program and providing education to the public on the hazards associated with hail. Grand Island Council Session - 11/14/2017 Page 368 / 479 Section Seven: Village of Alda Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 31 Severe Thunderstorms Alda experiences severe summer thunderstorms annually. The worst of these was in August of 2014, when thunderstorm winds topping 60 mph coupled with one-inch hail that caused $150,000 in property damages. Community concerns about severe thunderstorms include property damage, power outages, and fire caused by lightning. Critical municipal records are protected by surge protectors. Most of the critical facilities in Alda have backup power generators. Approximately 25 percent of the power lines in the Village are buried. The community has a weather radio in the Village Office. There are several hazardous trees on personal property that need to be removed. This hazard will be mitigated with the proposed tree planting and maintenance program. Further mitigation actions include the provision of adequate public safe rooms and emergency shelters, the installation of surge protectors on critical facilities, a public education program, and improvement of available first responder equipment. Severe Winter Storms The most severe winter storm to occur in Alda in recent memory was in December of 2006. Half-inch ice deposits cause widespread tree damage and power outages, resulting in $10,000,000 in property damages throughout central Nebraska. The local planning team is concerned that future severe winter storms will lead to more power outages and a loss of mobility for residents of the Village. Approximately 25 percent of phone and power lines are buried in Alda. There are no snow routes in the Village, but there is one snow fence in use on the north side of Schimmer Drive. The Village Maintenance Department has sufficient equipment to remove snow including a truck, bobcat, and loader with a snow blade. Mitigation plans include public education and improvement of available first responder equipment. Tornadoes In 1974, a tornado passed through Alda, damaging homes and businesses. The Village is covered by two warning sirens, one on the south and one on the north sides of town. The County Emergency Manager offers text alerts. There is one public safe room at the Community Center, but it is not FEMA-certified. Education outreach occurs through the schools during October Safe Month and at the annual community festival, Alda Days. In the event of a future disaster, Mutual Aid Agreements are in place with Rural Hall County, Wood River, Doniphan, Grand Island, Phillips, Chapman, Shelton, St. Libory, Cairo, and Aurora. Completed mitigation actions for tornadic events in 2016 included updating home standards to ensure that they are well anchored. Future mitigation plans include providing adequate public safe rooms, developing a tree planting and maintenance program, providing emergency shelters for vulnerable populations, identifying existing storm shelters, and improving the available first responder equipment. GOVERNANCE A community’s governance indicates the number of boards or offices that may be available to help implement hazard mitigation actions. Alda is governed by a Chairperson and a four member Village Board. Furthermore, Alda has a number of offices or departments that may be involved in implementing hazard mitigation initiatives. • Clerk/Treasurer • Planning Commission • Housing Authority • Water and Sewer Department • Volunteer Fire Department • Village Board of Trustees Grand Island Council Session - 11/14/2017 Page 369 / 479 Section Seven: Village of Alda Participant Section 32 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 CAPABILITY ASSESSMENT Thus far, the planning process has identified the major hazards for the community, and described and quantified the vulnerability of the community to these risks by acquiring updated information from FEMA, local jurisdictions, and other sources. The following step, referred to as a capability assessment, assesses what loss prevention or preparedness mechanisms are already in place. Combining the risk assessment with the local capability assessment results in a stronger mechanism for understanding a locality’s “net vulnerability,” and to what extent they are able to implement the identified goals, objectives, and actions. A two-step approach was applied to conduct this assessment for each participant. First, an inventory of common mitigation activities was developed through the Capability Assessment Survey completed by the participants’ representatives. Four major local capabilities were examined in this assessment, and they are planning & regulatory capability, administrative & technical capability, fiscal capability, and education & outreach capability. The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken, if deemed appropriate. Second, local existing policies, regulation, plans, and programs were reviewed and evaluated to determine their contributions to reducing hazard- related losses. Table ALD.9: Capability Assessment Survey Components/Subcomponents Yes/No Planning & Regulatory Capability Comprehensive Plan Yes Capital Improvements Plan No Economic Development Plan No Emergency Operational Plan Yes Floodplain Management Plan No Storm Water Management Plan No Zoning Ordinance Yes Subdivision Regulation/Ordinance Yes Floodplain Ordinance Yes Building Codes Local Codes National Flood Insurance Program Yes Community Rating System No Other (if any) Administrative & Technical Capability Planning Commission Yes Floodplain Administration Yes GIS Capabilities No Chief Building Official No Civil Engineering Yes Local Staff Who Can Assess Community’s Vulnerability to Hazards No Grant Manager No Mutual Aid Agreement Yes Other (if any) Fiscal Capability Capital Improvement Plan/1 & 6 Year plan Yes Applied for grants in the past Yes Grand Island Council Session - 11/14/2017 Page 370 / 479 Section Seven: Village of Alda Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 33 Survey Components/Subcomponents Yes/No Awarded a grant in the past Yes Authority to Levy Taxes for Specific Purposes such as Mitigation Projects Yes Gas/Electric Service Fees No Storm Water Service Fees No Water/Sewer Service Fees Yes Development Impact Fees No General Obligation Revenue or Special Tax Bonds Yes Other (if any) Education & Outreach Capability Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Ex. CERT Teams, Red Cross, etc. Yes Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) Yes Natural Disaster or Safety related school programs Yes StormReady Certification No Firewise Communities Certification No Tree City USA No Other (if any) Table ALD.10: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Limited Does the community have the staff/expertise to implement projects? Limited Is there community support to implement projects? Limited Does the community staff have time to devote to hazard mitigation? Limited PLAN INTEGRATION The following paragraphs provide a summary of the community plans that were analyzed using guidance from FEMA’s 2014 Plan Integration Guide. The Village of Alda Comprehensive Plan, last updated in 2003, contains some goals and objectives consistent with hazard mitigation. The plan directs development away from the floodplain, chemical facilities, and major transportation routes. Furthermore, it encourages infill development, clustering of development in sensitive areas, and elevation of structures located in the floodplain. The plan also encourages preservation of open space in hazard-prone areas, and allows for emergency access to all areas of town. There is not currently a timeline for updating the Comprehensive Plan, nor do they anticipate to further integrate the HMP into the Comprehensive Plan. The Village’s Zoning Ordinance was last updated in 2004. It discourages development in the floodplain, requires at least one-foot of elevation above base flood elevation in the floodplain, and prohibits development in within the floodway. It also discourages development near chemical storage sites and along major transportation routes in residential areas. The Ordinance encourages maintaining open space within the floodplain, limits development in the extraterrestrial jurisdiction, and accounts for current population trends. Grand Island Council Session - 11/14/2017 Page 371 / 479 Section Seven: Village of Alda Participant Section 34 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Alda has an annex to the Hall County Local Emergency Operations Plan, last updated in 2015. The plan addresses the hazards of greatest concern, identifies scenarios that would require evacuation and critical evacuation routes, locations to be used for mass sheltering, and provides a clear assignment of responsibility during an emergency. The Building Codes for Alda were recently updated in 2016 and are based on the 2012 International Building Codes. The Codes allow for raingardens in residential areas and require the use of fire resistant building materials. Alda has a 1 & 6 Year Street Plan and Transportation Improvement Plan that is reviewed and updated annually. The plan includes many hazard mitigation projects such as stormwater projects, upsizing of culverts and drainage structures, and upgrading and regular maintenance of the storm sewer system. It also includes installing street aprons to facilitate drainage, improvements to transportation routes for drainage, bridge improvements, updating electrical distribution system, and installing emergency generators in critical facilities. MITIGATION STRATEGY Completed Mitigation Actions Improve/Provide Adequate Backup and Emergency Generators Description Identify and evaluate current backup and emergency generators; obtain additional generators based on identification and evaluation; provide portable or stationary source of backup power to redundant power supplies, municipal wells, lift stations and other critical facilities and shelters Hazard(s) Addressed All Hazards Estimated Cost $20,000-$75,000+ Funding Village Funds Status Completed in 2006. Location Village Community Center Prevent Injury or Loss of Life in Manufactured Homes Description Ensure that all manufactured homes are secured with tie-downs or are properly anchored to prevent rolling during high winds; educate owners of these properties on the availability of techniques to make the dwelling safer Hazard(s) Addressed High Winds, Tornadoes, Severe Thunderstorms Estimated Cost Unknown Funding N/A Status Completed 2016 – Updated Village Ordinance. Reduce the Need for Snow Clearing in Village Boundary Streets Description Purchase and install a snow fence; acquire easement on which to build a snow fence or to plant a ‘living fence’ of pine trees or other shelterbelt-type of tree Hazard(s) Addressed Severe Winter Storms Estimated Cost Unknown Funding Village Funds Status Completed in 2000. Location North of Schimmer Drive Grand Island Council Session - 11/14/2017 Page 372 / 479 Section Seven: Village of Alda Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 35 Ongoing and New Mitigation Actions Provide Adequate Public Safe Rooms and Post-Disaster Storm Shelters Description Identify and evaluate existing safe rooms and/or storm shelters; improve and/or construct safe rooms and/or storm shelters; design and construct storm shelters and safe rooms in highly vulnerable areas such as mobile home parks, campgrounds, schools, etc. Hazard(s) Addressed Tornadoes, Severe Thunderstorms, High Winds Estimated Cost $150/sf for retrofit, $300/sf for new construction Funding General Fund, HMGP, PDM, CDBG Status Ongoing - Planning stage. Timeline 2-5 years Priority High Lead Agency Village Board Tree Planting Assistance Description Educate public on appropriate tree planning and establish an annual tree trimming program to assist low income and elderly residents; develop tree planting and maintenance guidelines Hazard(s) Addressed Tornadoes, Severe Thunderstorms, High Winds Estimated Cost $500, Staff Time Funding General Fund, NRD cost share Status Not yet started. Timeline 2-5 years Priority High Lead Agency Village Board Storm Shelter Identification Description Identify any existing private or public storm shelters Hazard(s) Addressed Tornadoes, Severe Thunderstorms, High Winds Estimated Cost Staff Time Funding Staff Time Status Not yet started. Timeline 2-5 years Priority High Lead Agency Village Board, Emergency Management Surge Protectors Description Purchase and install surge protectors on sensitive equipment in critical facilities Hazard(s) Addressed Severe Thunderstorms, Severe Winter Storms Estimated Cost $25 per unit Funding General Fund Status Not yet started. Timeline 1 year Priority High Lead Agency Maintenance Grand Island Council Session - 11/14/2017 Page 373 / 479 Section Seven: Village of Alda Participant Section 36 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Emergency Exercise: Hazardous Spill Description Utilize exercise to prepare for potential explosions or hazardous spills; ensure that nearby businesses and residents have appropriate plans in place Hazard(s) Addressed Chemical Transportation Estimated Cost $5,000+ Funding General Fund, HMGP, PDM, EMPG Status Not yet started. Timeline 1 year Priority High Lead Agency Village Board, Emergency Management Community Education and Awareness Description Obtain or develop hazard education materials; conduct multi-faceted public education; distribute fact sheets or maps at community events, public schools, other venues and to public and private communication systems; conduct scheduled siren/warning system tests; prepare educational materials listing safe rooms and shelters and evacuation plans; distribute educational materials listing safe rooms and shelters; purchase equipment such as overhead projectors and laptops to facilitate presentation of information Hazard(s) Addressed All Hazards Estimated Cost $3,000+ Funding General Fund, NPD Status Not yet started. Timeline 1 year Priority High Lead Agency Village Board, Emergency Management Civil Service Improvements Description Improve emergency rescue and response equipment and facilities by providing additional, or updating existing emergency response equipment (includes developing backup system for emergency vehicles and identifying and training additional personnel for emergency response) Hazard(s) Addressed All Hazards Estimated Cost Varies by need Funding General Fund, Fire Department Funds Status Not yet started. Timeline 2-5 years Priority High Lead Agency Fire Department, Village Board Removed Mitigation Actions Maintain NFIP Participation Description Continue to regulate development in floodplain areas; additional floodplain mapping/remapping Reason for Removal Village will continue to participate in program, however, this is no longer considered a hazard mitigation action. Reduce Damages from Floods, Stormwater, and Heavy Precipitation Event Description Conduct stormwater drainage study; evaluate and implement recommendations or comparable measures to improve drainage; evaluate and improve stormwater system Reason for Removal The project is not a priority at this time. Grand Island Council Session - 11/14/2017 Page 374 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 37 PARTICIPANT SECTION FOR THE VILLAGE OF CAIRO Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 375 / 479 Section Seven: Village of Cairo Participant Section 38 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table CRO.1 provides the list of participating members that comprised the Village of Cairo local planning team. Members of the planning team attended Round 1 and Round 2 meetings, and provided important information including, but not limited to: confirming demographic information, critical facilities, future development trends, hazard history and impacts, identifying hazards of greatest concern, and the prioritization of mitigation actions that address the hazards at risk to the community. Table CRO.1: Village of Cairo Local Planning Team Name Title Department / Organization Jaime Rathman Clerk Village of Cairo LOCATION AND GEOGRAPHY The Village of Cairo is located in the northwestern portion of Hall County and covers an area of 0.77 square miles. The major waterway in the area is the Middle Loup River. TRANSPORTATION Cairo’s major transportation corridors include Highways 2 and 11. The average daily vehicle load for Highway 2 is 3,065 with 370 of those considered heavy commercial vehicles. The average daily vehicle load for Highway 11 is 2440 with 220 of those considered heavy commercial vehicles. Cairo has one rail line, a Burlington Northern line. The railway travels in an east to west direction and is located in the northern part of the Village. DEMOGRAPHICS The following figure displays the historical population trend from 1930 to 2014. This figure indicates that the population of Cairo has been increasing since 1950. Figure CRO.1: Population 1930 - 2014 Source: U.S. Census Bureau 425 411 422 503 686 737 733 790 785 849 0 100 200 300 400 500 600 700 800 900 1930 1940 1950 1960 1970 1980 1990 2000 2010 2014 (ACS)PopulationYear Population Grand Island Council Session - 11/14/2017 Page 376 / 479 Section Seven: Village of Cairo Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 39 Figure CRO.2: Map of the Village of Cairo Grand Island Council Session - 11/14/2017 Page 377 / 479 Section Seven: Village of Cairo Participant Section 40 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 The following table indicates the Village has a higher percentage of the population under the age of 5 and a slightly lower percentage of population between 5 and 64 years of age when compared to the County and the state. However, Cairo has a slightly higher percentage of its population over the age of 64 as compared to the County, as well as a higher median age. Table CRO.2: Population by Age Age Cairo Hall County State of Nebraska <5 9.4% 8.1% 7.2% 5-64 76.1% 78.5% 79.2% >64 14.5% 13.4% 13.6% Median 36.5 35.9 36.2 Source: U.S. Census Bureau, 2010, Table DP-1 The following table indicates that Cairo’s median household income, median home value, and per capita income are all lower than the County’s. However, Cairo has a higher median rent value than the County. Table CRO.3: Housing and Income Cairo Hall County State of Nebraska Median Household Income $59,167 $61,677 $52,400 Per Capita Income $23,979 $24,075 $27,339 Median Home Value $106,900 $118,300 $130,100 Median Rent $680 $656 $721 Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP03 and DP04 According to 2010-2014 ACS 5-year estimates, the community has 336 housing units with 88.1 percent of those units occupied. There are approximately 24 mobile homes in the community. Many of the mobile homes are located in a mobile home park on the south side of the community. The initial Flood Insurance Rate Map (FIRM) was developed in June 1978. Figure CRO.3: Housing Units by Year Built Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP04 108 5 27 46 68 43 18 21 00 20 40 60 80 100 120 Before 1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-Housing Units BuiltYears Built Housing Age Grand Island Council Session - 11/14/2017 Page 378 / 479 Section Seven: Village of Cairo Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 41 Table CRO.4: Housing Units Jurisdiction Total Housing Units Occupied Housing Units Occupied Vacant Owner Renter Number Percent Number Percent Number Percent Number Percent Cairo 296 88.1% 40 11.9% 216 73.0% 80 27.0% Hall County 22,418 94.1% 1,418 5.9% 14,326 63.9% 8,092 36.1% Source: Selected Housing Characteristics, 2010 - 2014 ACS 5-year Estimates MAJOR EMPLOYERS The major employers in the community are Baasch, Pump and Pantry, ABC Daycare, and Centura. Many of the residents commute to neighboring communities such as Grand Island for work. FUTURE DEVELOPMENT TRENDS Over the past five years, a few new businesses have opened in the Industrial Park, which continues to grow. It should be noted that the Industrial Park is located in the floodplain, but follows the Village’s floodplain ordinances. In the next five years, the community will add a housing development for residents over the age of 55. Also, the Industrial Park is expected to see additional businesses added, such as farmer shops, self-storage units, and an ATV shop. Cairo’s population is growing. This is due, reports the local planning team, to the community’s available parks, pool, and schools. PARCEL IMPROVEMENTS AND VALUATION GIS parcel data was requested from the County Assessor. This data was analyzed for the location, number, and value of property improvements at the parcel level. The data did not contain the number of structures on each parcel. A summary of the results of this analysis is provided in the following table. Table CRO.5: Parcel Improvements Number of Improvements Total Improvement Value Mean Value of Improvements Per Parcel Number of Improvements in Floodplain Value of Improvements in Floodplain 476 $36,708,914 $77,120 54 $3,069,878 Source: Hall County Assessor CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are a total of four chemical storage sites that house hazardous materials in Cairo. A total of two chemical storage sites are located in the floodplain (Figure CRO.4). Table CRO.6: Chemical Storage Fixed Sites Facility Address In Floodplain? Agricultural Services Inc 6068 N Highway 11 Yes – 1% Aurora Co-op Elevator Company 10501 W One-R Rd Yes – 1% AT&T 0610 190th Rd No CenturyLink 103 E Nile St No Source: Nebraska Department of Environmental Quality Grand Island Council Session - 11/14/2017 Page 379 / 479 Section Seven: Village of Cairo Participant Section 42 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 HISTORIC SITES According to the National Register of Historic Places for Nebraska, there are no historic sites located in or near Cairo. CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public (i.e. Red Cross Shelter), and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Table CRO.7: List of Critical Facilities in Cairo CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 1 Fire & Rescue/Village Hall Building 402 S. High St. N Y N 2 Christ Lutheran Church 501 W. Medina Y N N 3 First Baptist Church 107 Nile Y N N 4 Cairo Community Center 305 Said St Y N N 5 Centura Public School 201 N Hwy 11 Y N N 6 Water Tower 205 E. Kansas N N Y 7* Water Well 8750 N. Nebraska Hwy 11 N N N 8* Water Well 14400 W. Loup River Rd N N Y 9 Wastewater Lagoon East to 130th Rd, north across tracks, left side N N N 10 Senior Center 314 S High N N N 11 Methodist Church 506 E Kansas St N N Y *Not included on Figure CRO.4 due to distance from the municipality Grand Island Council Session - 11/14/2017 Page 380 / 479 Section Seven: Village of Cairo Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 43 Figure CRO.4: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 381 / 479 Section Seven: Village of Cairo Participant Section 44 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. LOCAL HAZARD PRIORITIZATION For an in-depth discussion regarding these area wide hazards, please see Section Four: Risk Assessment. The following discussion provides community-specific information as reported in Cairo’s Risk Assessment Summary that is relevant to each hazard. Only hazards identified either as a concern to the community by the local planning team or based on the occurrence and risk of the hazard to the community are discussed in detail below. Flooding Cairo’s flood risk area of concern passes through the center of the community parallel to Highway 2, along its northern edge. The creek in this area is at risk of flash flooding. Cairo has six NFIP policies in-force for $781,900. There are no repetitive flood loss properties in the Village of Cairo. The following table is parcel improvement information as provided by the County Assessor. It indicates that an estimated 11.3 percent of all parcel improvements in Cairo are located in the floodplain. Table CRO.8: Structures in the 1% Annual Flood Risk Area Value of Improvements in Floodplain Number of Improvements in Floodplain Total Number of Improvements in Community Percentage of Improvements in Floodplain $3,069,878 54 476 11.3% Source: Hall County Assessor Previously, the northern part of town was at greatest risk of flooding during heavy rain events, and poor stormwater drainage in that area was an issue. However, many of the risks associated with flooding have been mitigated in part by previous actions. The community conducted a stormwater drainage study, and implemented the subsequent findings. Severe Thunderstorms In May of 2002, a particularly strong thunderstorm passed through central Nebraska. In Cairo, 80mph winds blew windows out of cars and roofs off businesses. Property damages totaled $150,000 in the area. The primary concern in the community regarding severe thunderstorms is power outages. Approximately ten percent of the power lines in Cairo are buried. There are weather radios in the Fire Hall and Centura. Critical municipal records are protected with surge protectors and most critical facilities have backup power generators. Future thunderstorm hazard mitigation plans include providing backup generators to the critical facilities without backup sources of power and identifying storm shelters. Severe Winter Storms Cairo has experienced many significant severe winter storms. The NCEI and the local planning team report three storms that were particularly fierce. In January of 1999, several deaths were caused in vehicle accidents on Highway 30 when ice and snow caused the Highway to become treacherous. Sub-zero temperatures during this storm caused the death of a 55-year old man in Cairo due to exposure. The December 2009 blizzard brought almost a foot of snow in three days and subsequent power outages across central Nebraska. The blizzard of February 2016 had such significant snow falls that snow removal and associated public works costs totaled $438,000. The main concern about winter storms is power outages. Approximately ten percent of power lines in the community are buried. Village Maintenance is in charge of snow removal for the Village, especially along the snow route. Their tractor, bobcat, and payloader are considered adequate for Cairo’s snow removal needs. Severe winter storm hazard mitigation plans involve providing backup generators for those critical facilities without them. Grand Island Council Session - 11/14/2017 Page 382 / 479 Section Seven: Village of Cairo Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 45 Tornadoes and High Winds The last tornado to touch down near Cairo occurred in June of 1997. This F1 tornado destroyed a barn and resulted in $450,000 in property damage. A thunderstorm with 80 mph winds in May of 2002 caused $150,000 in property damage to car windows and residential roofing. The local planning team is concerned about power outages related to tornadoes and high winds. Critical municipal records are backed up with software and thumb drives. There is a FEMA-certified safe room in the Community Center for public use, and alternate safe rooms in the bank and Fire Hall. Community education outreach centers mostly on tornadoes. The school conducts tornado drills, and the Fire Department sponsors weather alert meetings. Severe weather notification is limited to the warning siren located by the Fire Department. It effectively covers all of Cairo. In the case of a disaster event, Mutual Aid Agreements are in place with Doniphan, Wood River, Alda, Grand Island, and Rural Hall County. Hazard mitigation plans include providing backup generators and identifying storm shelters in the community. GOVERNANCE A community’s governance indicates the number of boards or offices that may be available to help implement hazard mitigation actions. Cairo is governed by a Chairperson and a four member Village Board. Furthermore, Cairo has a number of offices or departments that may be involved in implementing hazard mitigation initiatives. • Clerk/Treasurer • Volunteer Fire Department • Cairo QRT • Street/Water Commissioner • Park and Recreation CAPABILITY ASSESSMENT Thus far, the planning process has identified the major hazards for the community, and described and quantified the vulnerability of the community to these risks by acquiring updated information from FEMA, local jurisdictions, and other sources. The following step, referred to as a capability assessment, assesses what loss prevention or preparedness mechanisms are already in place. Combining the risk assessment with the local capability assessment results in a stronger mechanism for understanding a locality’s “net vulnerability,” and to what extent they are able to implement the identified goals, objectives, and actions. A two-step approach was applied to conduct this assessment for each participant. First, an inventory of common mitigation activities was developed through the Capability Assessment Survey completed by the participants’ representatives. Four major local capabilities were examined in this assessment, and they are planning & regulatory capability, administrative & technical capability, fiscal capability, and education & outreach capability. The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken, if deemed appropriate. Second, local existing policies, regulation, plans, and programs were reviewed and evaluated to determine their contributions to reducing hazard- related losses. Grand Island Council Session - 11/14/2017 Page 383 / 479 Section Seven: Village of Cairo Participant Section 46 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Table CRO.9: Capability Assessment Survey Components/Subcomponents Yes/No Planning & Regulatory Capability Comprehensive Plan Yes Capital Improvements Plan No Economic Development Plan No Emergency Operational Plan Yes Floodplain Management Plan No Storm Water Management Plan No Zoning Ordinance Yes Subdivision Regulation/Ordinance Yes Floodplain Ordinance Yes Building Codes Local Codes National Flood Insurance Program Yes Community Rating System No Other (if any) Administrative & Technical Capability Planning Commission County Floodplain Administration Yes GIS Capabilities No Chief Building Official No Civil Engineering No Local Staff Who Can Assess Community’s Vulnerability to Hazards No Grant Manager Yes Mutual Aid Agreement Yes Other (if any) Fiscal Capability Capital Improvement Plan/1 & 6 Year plan No Applied for grants in the past Yes Awarded a grant in the past Yes Authority to Levy Taxes for Specific Purposes such as Mitigation Projects No Gas/Electric Service Fees No Storm Water Service Fees No Water/Sewer Service Fees Yes Development Impact Fees No General Obligation Revenue or Special Tax Bonds No Other (if any) Education & Outreach Capability Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Ex. CERT Teams, Red Cross, etc. No Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) No Natural Disaster or Safety related school programs No StormReady Certification No Firewise Communities Certification No Grand Island Council Session - 11/14/2017 Page 384 / 479 Section Seven: Village of Cairo Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 47 Survey Components/Subcomponents Yes/No Tree City USA No Other (if any) Table CRO.10: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Moderate Does the community have the staff/expertise to implement projects? Moderate Is there community support to implement projects? Limited Does the community staff have time to devote to hazard mitigation? Limited PLAN INTEGRATION The following paragraphs provide a summary of the community plans that were analyzed using guidance from FEMA’s 2014 Plan Integration Guide. The Village of Cairo Comprehensive Plan, last updated in 2003, contains some of the goals and objectives that are consistent with the hazard mitigation plan. It directs development away from the floodplain, chemical storage facilities, and major transportation routes. It also limits density in areas adjacent to known hazards areas, encourages infill development, and encourages elevation of structures located in the floodplain. The plan also encourages preservation of open space in hazard-prone areas and allows for emergency access to all areas of town. At this time, there is currently no plan to further integrate the HMP into the Comprehensive Plan. The Zoning Ordinance was last updated in 2004. The Ordinance discourages development in the floodplain, prohibits development in the floodway, discourages residential development near chemical storage sites and major transportation routes, and contains natural hazard layers. It also encourages maintaining open space within the floodplain, limits development in the extraterrestrial jurisdiction, and accounts for current population trends. Cairo has an annex to the Hall County Local Emergency Operations Plan, last updated in 2015. The plan addresses the hazards of greatest concern, identifies scenarios that would require evacuation and critical evacuation routes, locations to be used for mass sheltering, and provides a clear assignment of responsibility during an emergency. The Village’s Building Codes were recently updated in 2016 and are based on the 2012 International Building Codes. The Codes allow for raingardens in residential areas and require the use of fire resistant building materials. In a future update, the Codes will require a safe room in multiple dwelling units such as apartments. Cairo has a 1 & 6-year Plan that is reviewed and updated annually. The plan includes stormwater projects, upsizing of culverts and drainage structures, regular maintenance of structures, and upgrading and maintenance of the storm sewer system. It also includes the installation of street aprons to facilitate drainage, improving transportation routes for drainage, bridge improvements and installing emergency generators in critical facilities. Grand Island Council Session - 11/14/2017 Page 385 / 479 Section Seven: Village of Cairo Participant Section 48 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 MITIGATION STRATEGY Completed Mitigation Actions Ensure Adequate Severe Weather Notifications to Critical Facilities Description For Village-owned critical facilities, the Village should consider purchasing a weather radio to be use in each facility for the rapid dissemination of a severe weather warning; in areas of the Village with noisy manufacturing facilities which may not hear tornado sirens, the Village could inform the owners of these facilities of the option of purchasing a weather radio Hazard(s) Addressed All Hazards Location Swimming Pool, Village Office, Schools Funding General Funds Status Completed in 2014. Reduce Damages from Floods, Stormwater, and Heavy Precipitation Events Description Conduct stormwater drainage study; evaluate and implement recommendations or comparable measures to improve drainage; evaluate and improve stormwater system Hazard(s) Addressed Flooding Location Industrial Park Funding General Funds Status Completed in 2016. Ongoing and New Mitigation Actions Improve/Provide Adequate Backup and Emergency Generators Description Identify and evaluate current backup and emergency generators; obtain additional generators based on identification and evaluation; provide portable or stationary source of backup power to redundant power supplies, municipal wells, lift stations and other critical facilities and shelters Hazard(s) Addressed All hazards Estimated Cost $20,000 – $75,000+ per generator Funding Village funds, HMGP Status Not yet started. Timeline 2-5 years Priority Medium Lead Agency Village Board Storm Shelter Identification Description Identify any existing private or public storm shelters Hazard(s) Addressed Tornadoes, Severe Thunderstorms, High Winds Estimated Cost Staff Time Funding Staff Time Status Ongoing. Emergency Management annually inspects new businesses for the location of storm shelters. Timeline Ongoing Priority Medium Lead Agency Village Board, Emergency Management Grand Island Council Session - 11/14/2017 Page 386 / 479 Section Seven: Village of Cairo Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 49 Removed Mitigation Actions Maintain NFIP Participation Description Continue to regulate development in floodplain areas; additional floodplain mapping/remapping Reason for Removal Village will continue to participate in program, however, this is no longer considered a hazard mitigation action. Reduce Tree Damage and Damage from Trees Description Conduct tree inventory; develop tree maintenance/trimming program; implement tree maintenance/trimming program; remove hazardous limbs and/or trees Reason for Removal The planning team determined this project not to be a priority. Grand Island Council Session - 11/14/2017 Page 387 / 479 Section Seven: Village of Cairo Participant Section 50 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 THIS PAGE IS INTENTIONALLY BLANK Grand Island Council Session - 11/14/2017 Page 388 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 51 PARTICIPANT SECTION FOR THE VILLAGE OF DONIPHAN Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 389 / 479 Section Seven: Village of Doniphan Participant Section 52 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table DPH.1 provides the list of participating members that comprised the Doniphan local planning team. Members of the planning team attended Round 1 and Round 2 meetings, and provided important information including, but not limited to: confirming demographic information, critical facilities, future development trends, hazard history and impacts, identifying hazards of greatest concern, and the prioritization of mitigation actions that address the hazards at risk to the community. Table DPH.1: Doniphan Local Planning Team Name Title Department / Organization Francis Hannon Maintenance Supervisor Village of Doniphan LOCATION AND GEOGRAPHY The Village of Doniphan is located in the southeastern corner of Hall County and covers an area of 0.51 square miles. The major waterway in the area is the Platte River. TRANSPORTATION Doniphan’s major transportation corridor is Highway 34 which has an average of 11,000 vehicles per day with 1,085 of those categorized as heavy commercial vehicles. There are no rail lines that pass through Doniphan. DEMOGRAPHICS The following figure displays the historical population trend from 1930 to 2014. This figure indicates that the population of Doniphan has been increasing since 1960. Figure DPH.1: Population 1930 – 2014 Source: U.S. Census Bureau 436 395 412 390 542 696 736 763 829 935 0 100 200 300 400 500 600 700 800 900 1,000 1930 1940 1950 1960 1970 1980 1990 2000 2010 2014 (ACS)PopulationYear Population Grand Island Council Session - 11/14/2017 Page 390 / 479 Section Seven: Village of Doniphan Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 53 Figure DPH.2: Map of the Village of Doniphan Grand Island Council Session - 11/14/2017 Page 391 / 479 Section Seven: Village of Doniphan Participant Section 54 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 The following table indicates the Village has a lower percentage of the population under the age of 5 but a slightly higher percentage of population between 5 and 64 years of age when compared to the County and the state. Additionally, Doniphan has a slightly lower percentage of its population over the age of 64 as compared to the County, as well as a lower median age. Table DPH.2: Population by Age Age Doniphan Hall County State of Nebraska <5 7.0% 8.1% 7.2% 5-64 80.8% 78.5% 79.2% >64 12.2% 13.4% 13.6% Median 31.8 35.9 36.2 Source: U.S. Census Bureau, 2010, Table DP-1 The following table indicates that Doniphan’s median household income and per capita income are lower than the County’s. However, Doniphan has a higher median home and median rent value than the County. Table DPH.3: Housing and Income Doniphan Hall County State of Nebraska Median Household Income $47,969 $61,677 $52,400 Per Capita Income $20,909 $24,075 $27,339 Median Home Value $120,800 $118,300 $130,100 Median Rent $675 $656 $721 Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP03 and DP04 According to 2010-2014 ACS 5-year estimates, the community has 375 housing units with 93.6 percent of those units occupied. There are approximately 38 mobile homes in the community and are concentrated at 318 N. 1st Street. The initial Flood Insurance Rate Map (FIRM) was developed in August 1978. Figure DPH.3: Housing Units by Year Built Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP04 86 5 14 20 94 25 76 44 11 0 10 20 30 40 50 60 70 80 90 100 Before 1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-Housing Units BuiltYears Built Housing Age Grand Island Council Session - 11/14/2017 Page 392 / 479 Section Seven: Village of Doniphan Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 55 Table DPH.4: Housing Units Jurisdiction Total Housing Units Occupied Housing Units Occupied Vacant Owner Renter Number Percent Number Percent Number Percent Number Percent Doniphan 351 93.6% 24 6.4% 264 75.2% 87 24.8% Hall County 22,418 94.1% 1,418 5.9% 14,326 63.9% 8,092 36.1% Source: Selected Housing Characteristics, 2010 - 2014 ACS 5-year Estimates MAJOR EMPLOYERS The major employers in the community are the Doniphan-Trumbull School District, Frito Lay Distribution Center, H & H Concrete and Construction, and Nebraska Machinery. A large percentage of residents commute to work in Grand Island and Kearney. FUTURE DEVELOPMENT TRENDS In the past five years, a new event center was constructed. This event center was not developed in the floodplain. The local planning team attributes the community’s growth to their proximity to Grand Island, Kearney, and Hastings and the quality of the school district. A new housing development is planned in the next five years on Platte River Drive. There are no new businesses or industries planned for the next five years. PARCEL IMPROVEMENTS AND VALUATION GIS parcel data was requested from the County Assessor. This data was analyzed for the location, number, and value of property improvements at the parcel level. The data did not contain the number of structures on each parcel. A summary of the results of this analysis is provided in the following table. Table DPH.5: Parcel Improvements Number of Improvements Total Improvement Value Mean Value of Improvements Per Parcel Number of Improvements in Floodplain Value of Improvements in Floodplain 432 $41,386,751 95,803 17 $3,540,989 Source: Hall County Assessor CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are a total of six chemical storage sites that house hazardous materials in Doniphan. None of the chemical storage sites are in the floodplain (Figure DPH.4). Table DPH.6: Chemical Storage Fixed Sites # Facility Address In Floodplain? 1 Agricultural Services Inc 101 E Pine St No 2 Aurora Co-op Doniphan Plant 101 E Plum St No 3 Doniphan Remote 106 W Plum St No 4 Nebraska Machinery Co 10501 S US Highway 281 No 5 NPPD Doniphan Sys Control Ctr 2060 W Platte River Dr No 6 Pioneer Hi-Bred Intl Inc 12937 S US Highway 281 No Source: Nebraska Department of Environmental Quality Grand Island Council Session - 11/14/2017 Page 393 / 479 Section Seven: Village of Doniphan Participant Section 56 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 HISTORIC SITES According to the National Register of Historic Places for Nebraska, there are no historic sites located in or near Doniphan. CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public (i.e. Red Cross Shelter), and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Table DPH.7: List of Critical Facilities in Doniphan CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 1 Fire & Rescue 106 E Plum St N Y N 2 Village Hall 103 W Pine St N Y - Portable N 3 Village Maintenance Shop 102 W Cedar St N N N 4 Doniphan-Trumbull Public School 302 W Plum St Y N N 5 United Methodist Church 304 N 4th St Y N N 6 Prairie Winds Assisted Living Center 603 W 6th St N Y N 7 Water Tower 590 W Pine St N N N 8 Well 304 ½ N 2nd St N N N 9 Well 302 W Walt Ave N N N 10 Well 102 W Cedar St N N N 11 Wastewater Lagoon 401 N First St N N N Grand Island Council Session - 11/14/2017 Page 394 / 479 Section Seven: Village of Doniphan Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 57 Figure DPH.4: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 395 / 479 Section Seven: Village of Doniphan Participant Section 58 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. LOCAL HAZARD PRIORITIZATION For an in-depth discussion regarding these area wide hazards, please see Section Four: Risk Assessment. The following discussion provides community-specific information as by the local planning team. Only hazards identified either as a concern to the community by the local planning team or based on the occurrence and risk of the hazard to the community are discussed in detail below. Flooding The Village of Doniphan has a flood risk area that goes through the western side of the community. Doniphan has two NFIP policies in-force for $1,500,000. There are no repetitive flood loss properties in the Village of Doniphan. The following table is parcel improvement information as provided by the County Assessor. It indicates that an estimated 3.9 percent of all parcel improvements in Doniphan are located in the floodplain. Table DPH.8: Structures in the 1% Annual Flood Risk Area Value of Improvements in Floodplain Number of Improvements in Floodplain Total Number of Improvements in Community Percentage of Improvements in Floodplain $3,540,989 17 432 3.9% Source: Hall County Assessor Two major flooding events in Doniphan are reported by NCEI. In December of 2010, ice jams caused the Platte to flood, necessitating home evacuations for areas just west of Doniphan. A second flood in June of 2015 was caused by heavy rains. Water accumulated on the southbound lane of Highway 281 near Rosedale Road, causing a few traffic accidents. Flooding hazard mitigation actions include providing backup generators and weather radios to critical facilities. Hail Hail is a top concern for the local planning team because of the potential for property damage. The most significant hail event in Doniphan caused $1,000,000 in property damage in May of 2002 when 2.75-inch hail destroyed roofs, windows, and vehicles. The community’s critical facilities are not fitted with hail resistant building materials but are insured for hail damage. Residents do not receive information on hail resistant building materials with building permits. The local tree board manages hazardous tress in the area. Hail mitigation actions include initiating a power line burying project, requiring new construction to bury utility lines, and requesting a tree inventory from the Nebraska Forestry Service. Severe Thunderstorms Of the severe thunderstorms reported by NCEI, the storm that occurred in August of 1999 was the most severe, with property damages totaling $250,000. Thunderstorm winds combined with hail and heavy rain and damaged five homes west of Doniphan, and many trees within the Village. The local planning team is most concerned with flash flooding associated with severe thunderstorms. Doniphan protects its critical municipal records with surge protectors and a cloud-based backup system. Approximately ten percent of power lines are buried. Thunderstorm hazard mitigation actions include providing weather radios and backup power generators to critical facilities, providing adequate storm shelters for the community, initiating a power line burying project, requiring new construction to bury utility lines, and requesting a tree inventory from the Nebraska Forestry Service. Grand Island Council Session - 11/14/2017 Page 396 / 479 Section Seven: Village of Doniphan Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 59 Severe Winter Storms One of the most severe winter storms in recent memory is an ice storm that occurred in December of 2006. Property damages of $100,000 were incurred when freezing rain broke tree limbs and downed power lines and power poles. Several days of power outages were reported in the area. A blizzard in February 2016 had such significant snow falls that snow removal and associated public works costs totaled $438,000. The local planning team is concerned about power outages and emergency personnel mobility during severe winter storms. Approximately ten percent of power lines are buried in the community. There are no designated snow routes or snow fences in place. The Maintenance Department utilizes a truck with a plow and a loader with a plow for snow removal. Severe winter storm hazard mitigation actions include providing weather radios and backup power generators to critical facilities, initiating a power line burying project, requiring new construction to bury utility lines, and requesting a tree inventory from the Nebraska Forestry Service. Tornadoes and High Winds In June of 1997, several EF0 tornadoes passed near Doniphan, causing no property damage. In October of 2000, a funnel cloud was spotted near the Village, also causing no property damage. Critical municipal records are backed up with cloud-based software. The warning siren in Doniphan is maintained by Hall County Emergency Management, and reaches all areas of the community. They also offer text alerts. Doniphan has Mutual Aid Agreements with surrounding communities and participates in NEWARN, a mutual aid network that provides essential utilities after a disaster event. As there are no safe rooms in Doniphan, hazard mitigation actions include providing safe rooms to shelter the community. The Event Center and bank are available for shelter if necessary. Further mitigation actions include: providing generators to critical facilities; initiating a power line burying project; requiring new construction to bury utility lines; requesting a tree inventory from the Nebraska Forestry Service; and improving warning systems by providing critical facilities with weather radios. GOVERNANCE A community’s governance indicates the number of boards or offices that may be available to help implement hazard mitigation actions. Doniphan is governed by a Chairperson and a four member Village Board. Furthermore, Doniphan has a number of offices or departments that may be involved in implementing hazard mitigation initiatives. • Clerk/Treasurer • Utility Superintendent • Streets/Parks Commissioner • Planning Commission • Housing Authority • Water and Sewer Department • Volunteer Fire Department CAPABILITY ASSESSMENT Thus far, the planning process has identified the major hazards for the community, and described and quantified the vulnerability of the community to these risks by acquiring updated information from FEMA, local jurisdictions, and other sources. The following step, referred to as a capability assessment, assesses what loss prevention or preparedness mechanisms are already in place. Combining the risk assessment with the local capability assessment results in a stronger mechanism for understanding a locality’s “net vulnerability,” and to what extent they are able to implement the identified goals, objectives, and actions. A two-step approach was applied to conduct this assessment for each participant. First, an inventory of common mitigation activities was developed through the Capability Assessment Survey completed by the participants’ representatives. Four major local capabilities were examined in this assessment, and they are planning & regulatory capability, administrative & technical capability, fiscal capability, and education & outreach capability. Grand Island Council Session - 11/14/2017 Page 397 / 479 Section Seven: Village of Doniphan Participant Section 60 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken, if deemed appropriate. Second, local existing policies, regulation, plans, and programs were reviewed and evaluated to determine their contributions to reducing hazard- related losses. Table DPH.9: Capability Assessment Survey Components/Subcomponents Yes/No Planning & Regulatory Capability Comprehensive Plan Yes Capital Improvements Plan No Economic Development Plan No Emergency Operational Plan Yes Floodplain Management Plan No Storm Water Management Plan No Zoning Ordinance Yes Subdivision Regulation/Ordinance Yes Floodplain Ordinance Yes Building Codes Local Codes National Flood Insurance Program Yes Community Rating System No Other (if any) Administrative & Technical Capability Planning Commission Yes Floodplain Administration Yes GIS Capabilities No Chief Building Official Yes Civil Engineering Yes Local Staff Who Can Assess Community’s Vulnerability to Hazards Yes Grant Manager No Mutual Aid Agreement Yes Other (if any) Fiscal Capability Capital Improvement Plan/1 & 6 Year plan Yes Applied for grants in the past No Awarded a grant in the past No Authority to Levy Taxes for Specific Purposes such as Mitigation Projects No Gas/Electric Service Fees No Storm Water Service Fees No Water/Sewer Service Fees Yes Development Impact Fees No General Obligation Revenue or Special Tax Bonds No Other (if any) Education & Outreach Capability Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Ex. CERT Teams, Red Cross, etc. No Grand Island Council Session - 11/14/2017 Page 398 / 479 Section Seven: Village of Doniphan Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 61 Survey Components/Subcomponents Yes/No Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) No Natural Disaster or Safety related school programs Yes StormReady Certification No Firewise Communities Certification No Tree City USA Yes Other (if any) Table DPH.10: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Limited Does the community have the staff/expertise to implement projects? Moderate Is there community support to implement projects? Moderate Does the community staff have time to devote to hazard mitigation? Limited PLAN INTEGRATION The following paragraphs provide a summary of the community plans that were analyzed using guidance from FEMA’s 2014 Plan Integration Guide. The Village of Doniphan Comprehensive Plan, last updated in 2003, contains some of the goals and objectives that are consistent with the hazard mitigation plan. It directs development away from the floodplain, chemical storage facilities, and major transportation routes. It also limits density in areas adjacent to known hazards areas, encourages infill development, and encourages elevation of structures located in the floodplain. The plan also encourages preservation of open space in hazard-prone areas and allows for emergency access to all areas of town. At this time, there is no strategy regarding further plan integration. Local officials may consider including a list of critical facilities, examination of chemical storage, and documenting the hazard prioritization in future Comprehensive Plan updates. The Zoning Ordinance was last updated in 2004. The Ordinance discourages development in the floodplain, prohibits development in the floodway, and discourages residential development near chemical storage sites and major transportation routes. It also encourages maintaining open space within the floodplain, limits development in the extraterrestrial jurisdiction, and accounts for current population trends. Doniphan has an annex to the Hall County Local Emergency Operations Plan, last updated in 2015. The Plan addresses the hazards of greatest concern, identifies scenarios that would require evacuation and critical evacuation routes, locations to be used for mass sheltering, and provides a clear assignment of responsibility during an emergency. The Village’s Building Codes were recently updated in 2016 and are based on the 2012 International Building Codes. The Codes allow for raingardens in residential areas and require the use of fire resistant building materials. In a future update, the Codes will require a safe room in multiple dwelling units such as apartments. Grand Island Council Session - 11/14/2017 Page 399 / 479 Section Seven: Village of Doniphan Participant Section 62 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 MITIGATION STRATEGY Ongoing and New Mitigation Actions Provide Adequate Safe Rooms and Post-Disaster Storm Shelters Description Identify and evaluate existing safe rooms and/or storm shelters; improve and/or construct safe rooms and/or storm shelters; design and construct storm shelters and safe rooms in highly vulnerable areas such as mobile home parks, campgrounds, schools, etc. Hazard(s) Addressed Tornadoes, High Winds, Severe Thunderstorms Estimated Cost $150/safe room for retrofit; $300/safe room for new construction Funding Local Budget, HMGP, PDM Status Not yet started. Timeline 5+ years Priority Low Lead Agency Village Board Improve Electrical Service Description Evaluate hardening, retrofitting, looping and/or burying of power lines and related infrastructure and/or comparable protection measures; provide looped distribution service and other redundancies in the electrical system as a backup power supply in the event the primary system is destroyed or fails; implement measures to improve electrical service; bury power lines for future construction Hazard(s) Addressed Tornadoes, High Winds, Severe Thunderstorms, Severe Winter Storms Estimated Cost Dependent on project Funding Local Budget, NFS Status Not yet started. Timeline 2-5 years Priority Medium Lead Agency Village Board, Utilities Department Reduce Tree Damage and Damage from Trees Description Conduct tree inventory; develop tree maintenance/trimming program; implement tree maintenance/trimming program; remove hazardous limbs and/or trees Hazard(s) Addressed Tornadoes, High Winds, Severe Thunderstorms, Severe Winter Storms Estimated Cost $500 Funding Local Budget, NFS Status Not yet started. Timeline 2-5 years Priority Medium Lead Agency Village Board, Utilities Department Ensure Adequate Severe Weather Notifications to Critical Facilities Description Purchase weather radios for all critical facilities; inform areas with high noise pollution to consider purchasing a weather radio Hazard(s) Addressed All Hazards Estimated Cost $30/weather radio Funding Local Budget, HMGP Status In progress. Timeline Ongoing Priority Medium Lead Agency Fire Department Grand Island Council Session - 11/14/2017 Page 400 / 479 Section Seven: Village of Doniphan Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 63 Improve/Provide Adequate Backup and Emergency Generators Description Identify and evaluate current backup and emergency generators; obtain additional generators based on identification and evaluation; provide portable or stationary source of backup power to redundant power supplies, municipal wells, lift stations and other critical facilities and shelters Hazard(s) Addressed All Hazards Estimated Cost $3,500+ depending on site requirements Funding Local Budget, HMGP Status Not yet started. Timeline 2-5 years Priority High Lead Agency Utilities Department Removed Mitigation Actions Maintain NFIP Participation Description Continue to regulate development in floodplain areas; adopt future floodplain maps when they become available; perform additional floodplain mapping/remapping as necessary Reason for Removal Village will continue to participate in program, however, this is no longer considered a hazard mitigation action. Grand Island Council Session - 11/14/2017 Page 401 / 479 Section Seven: Village of Doniphan Participant Section 64 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 THIS PAGE IS INTENTIONALLY BLANK Grand Island Council Session - 11/14/2017 Page 402 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 65 PARTICIPANT SECTION FOR THE DONIPHAN-TRUMBULL PUBLIC SCHOOL DISTRICT Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 403 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section 66 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table DTS.1 provides the list of participating community members that comprised the Doniphan-Trumbull Public School District local planning team. Members of the planning team attended Round 1 and Round 2 meetings and provided important information including but not limited to: confirming demographic information, critical facilities, structural inventory, future development trends, hazard history and impacts, identifying hazards of greatest concern for the community, and the prioritization of mitigation actions that address the hazards at risk to the community. Table DTS.1: Doniphan-Trumbull Public Schools Local Planning Team Name Title Department / Organization Kirk Russell Superintendent Doniphan-Trumbull Schools DISTRICT PROFILE The Doniphan-Trumbull Public Schools District is located in the southern portion of Hall County. The District has an enrollment of 485 students. Figure DTS.2 shows the location of the School District’s boundaries. DEMOGRAPHICS The following figure displays the historical population trend starting with the 2000-2001 school year and ending with the 2014-2015 year. This figure indicates that the student population of Doniphan-Trumbull Schools has been fluctuating since 2000, but has steadied since 2011 with 489 students enrolled in 2014. Figure DTS.1: Population 2000 - 2015 Source: Nebraska Department of Education 512 519 531 519 495 517 531 538 505 491 467 486 479 479 489 420 440 460 480 500 520 540 560 Student PopulationSchool Year Student Population Grand Island Council Session - 11/14/2017 Page 404 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan Update ♦ August 2017 67 Figure DTS.2: Map of Doniphan-Trumbull Public Schools District Grand Island Council Session - 11/14/2017 Page 405 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section 68 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure DTS.3: Number of Students by Grade, 2014-2015 Source: Nebraska Department of Education The figure above indicates that the largest number of students are in the 4th, 5th, 7th, and 10th grades. The lowest population of students are pre-kindergarten, 3rd, and 9th grades. According to the Nebraska Department of Education, 30 percent of students receive either free or reduced priced meals at school. This is significantly lower than the state average at 44 percent. Additionally, over 15 percent of students are in the Special Education Program. These particular students may be more vulnerable during a hazardous event than the rest of the student population. Table DTS.2: School District Statistics, 2014 - 2015 School District State of Nebraska Free/Reduced Priced Meals 30.06% 44.17% School Mobility Rate 7.04% 12.25% English Language Learners - 6.20% Special Education Students 15.57% 14.71% Source: Nebraska Department of Education STRUCTURAL INVENTORY AND VALUATION The School District has six buildings, one grand stand, and one 8-lane track for a total value of $20,732,525. FUTURE DEVELOPMENT TRENDS There have been no new construction or renovations in the last few years nor are there currently plans for additions. 20 35 36 36 30 40 41 34 43 33 32 43 33 33 0 5 10 15 20 25 30 35 40 45 50 PK KG 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12thNumber of StudentsGrade Students by Grade Grand Island Council Session - 11/14/2017 Page 406 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan Update ♦ August 2017 69 CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are a total of six chemical storage sites that house hazardous materials in Doniphan. None of these facilities are located near the school. Table DPH.3: Chemical Storage Fixed Sites # Facility Address In Floodplain? 1 Agricultural Services Inc 101 E Pine St No 2 Aurora Co-op Doniphan Plant 101 E Plum St No 3 Doniphan Remote 106 W Plum St No 4 Nebraska Machinery Co 10501 S US Highway 281 No 5 NPPD Doniphan Sys Control Ctr 2060 W Platte River Dr No 6 Pioneer Hi-Bred Intl Inc 12937 S US Highway 281 No Source: Nebraska Department of Environmental Quality CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public, and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Table DTS.4: List of Critical Facilities for Doniphan-Trumbull Schools CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Weather Radio (Y/N) Safe Room (Y/N) Located in 1% Floodplain (Y/N) 1 Doniphan- Trumbull Elementary and Secondary School 302 W. Plum Y N Y N N Grand Island Council Session - 11/14/2017 Page 407 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section 70 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure DTS.4: Critical Facilities and Hazardous Materials Storage with Floodplain Grand Island Council Session - 11/14/2017 Page 408 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan Update ♦ August 2017 71 SCHOOL DRILLS AND STAFF TRAINING The School District is required by law to conduct a number of drills throughout the year. Students and staff participate in monthly fire drills and a tornado drill every spring. In coordination with the County Sheriff’s Office in 2015, the School conducted a mock active shooter situation with students and staff participating. Two to three days a year are dedicated to staff training on potential emergency scenarios. The District has a Safety and Security Team comprised of staff, parents, Sheriff Deputy, local civil defense, emergency management, local EMTs, and the Superintendent. The School District also meets with the County Sheriff’s Office twice a year and the local fire department comes to the school during Fire Prevention Week. Parents and students are educated on emergency procedures through the website, local newspaper, and the student handbook. HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. SCHOOL HAZARD PRIORITIZATION For an in-depth discussion regarding area wide hazards, please see Section Four: Risk Assessment. The following discussion provides specific information, reported by the local planning team. Only hazards either identified as a concern to the District by the local planning team, or based on the occurrence and risk of the hazard to the District are discussed in detail below. Flooding The District is concerned with heavy rains that have caused flash flooding concerns around the school campus due to poor stormwater drainage on Plum Street. Street flooding has backed up onto school property and has gone as far as seeping under a door, causing damage to the floor. The District has spoken with the Village and the Village Engineer to determine the best method of fixing the drainage issue. A drainage study may be conducted to identify drainage improvement projects to implement. Hail Hail storms are a regular part of the climate for Doniphan. The School District has not experienced damaging hail storms in the last ten years. The most significant event happened in May 2002 when a $1 million in damages accrued across the community when 2.75-inch hail fell and damaged roofs, windows, vehicles, and trees. The District annually hires a contractor to trim trees of any dead or hazardous limbs. Mitigation actions include promoting first aid training and installing weather radios in the school. Severe Thunderstorms The local planning team is most concerned with high winds and lightning from severe thunderstorms. Ten years ago, lightning struck the school’s digital sign causing $3,500 in damages. Brief power outages at the school have occurred following high winds from thunderstorms. The school has not had any known damages from high winds in the last ten years. Weather radios are installed at the school. Severe Winter Storms Heavy snow and ice are of concern to the school due to the possibility of power outages, school closures, and the safety of students during transportation. One of the most severe winter storms was an ice storm that occurred in December of 2006. Heavy tree damage occurred from the freezing rain and power lines and power poles. Several days of power outages were reported in the area, including at the school. The local planning team noted that the National Weather Service contacts all area schools within 48 hours when an approaching severe winter storm may greatly impact operations. The information provided by the NWS gives the superintendent insight into the winter storm situation. The School District is responsible for snow removal, and if the snow is particularly deep, the Village will offer its help as well. Snow removal resources are sufficient at this time. A backup power generator is a mitigation action included in the plan. Grand Island Council Session - 11/14/2017 Page 409 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section 72 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Tornadoes Although the school has not been directly impacted by a tornado, the District is concerned for the vulnerability of students and staff and the potential for damages to the school. Per the NCEI, an EF0 tornado passed near the Village in June 1997 and a funnel cloud was spotted in the community in October of 2000. Staff and students use the school’s weight room, which is located underground, as a storm shelter during tornado warnings. School data is regularly backed up using the cloud and via external hard drive. Mitigation actions include installing a backup power generator and improving emergency communications. ADMINISTRATION/CAPABILITY ASSESSMENT The School District has a superintendent, two principals, two assistant principals, and several supportive staff. The School Board is made up of a six-member panel. Doniphan-Trumbull Schools would likely fund hazard mitigation projects through a combination of available grants, school building fund, and the general fund. Table DTS.5: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Moderate Does the community have the staff/expertise to implement projects? Moderate Is there community support to implement projects? High Does the community staff have time to devote to hazard mitigation? Limited PLAN INTEGRATION Doniphan-Trumbull Public School District maintains, updates, and annually reviews the Safety and Security Manual with the Safety and Security Team. The manual outlines roles, responsibilities, and procedures for response to hazards. No other examples of plan integration were identified, and there are currently no plans to further integrate planning mechanisms. MITIGATION STRATEGY New Mitigation Actions Improve/Provide Adequate Backup and Emergency Generators Description Identify and evaluate current backup and emergency generators; obtain additional generators based on identification and evaluation; provide portable or stationary source of backup power to redundant power supplies, municipal wells, lift stations and other critical facilities and shelters Hazard(s) Addressed All Hazards Estimated Cost $3,500+ depending on site requirements Funding General Funds Status Not yet started. Timeline 2-5 years Priority High Lead Agency Superintendent Grand Island Council Session - 11/14/2017 Page 410 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan Update ♦ August 2017 73 Reduce Tree Damage and Damage from Trees Description Conduct tree inventory; develop tree maintenance/trimming program; implement tree maintenance/trimming program; remove hazardous limbs and/or trees Hazard(s) Addressed High Winds, Severe Thunderstorms, Tornadoes, Severe Winter Storms, Grass/Wildfire Estimated Cost $3,600/year Funding General Funds Status Ongoing. Contractor hired every year to trim trees. Timeline Ongoing Priority Medium Lead Agency Superintendent Improve Emergency Communication Description Develop/Improve Emergency Communication Action plan; implement Emergency Communication Action Plan; establish inner-operable communications; obtain/upgrade emergency communication facilities/equipment; obtain/upgrade/distribute weather warning radios Hazard(s) Addressed All Hazards Estimated Cost $1,000+ Staff Time Funding General Funds Status Ongoing. Timeline Ongoing Priority High Lead Agency Administration Team Improve Warning Systems Description Evaluate current warning systems; improve warning systems/develop new warning system; obtain/upgrade warning system equipment and methods; conduct evaluation of existing alert sirens for replacement or placement of new sirens; identify location of weather warning radios; improve weather radio system; obtain/upgrade weather radios Hazard(s) Addressed All Hazards Estimated Cost $1,000+ Staff Time Funding General Funds Status Ongoing. Currently the school has a radio but may need to replace it in the future. Timeline Ongoing Priority Low Lead Agency Administration Team First Aid Training Description Promote first aid training for all residents Hazard(s) Addressed All Hazards Estimated Cost $100 per person Funding General Funds Status Ongoing Timeline Ongoing Priority High Lead Agency Superintendent and Secretary Grand Island Council Session - 11/14/2017 Page 411 / 479 Section Seven: Doniphan-Trumbull Public School District Participant Section 74 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Drainage Study/Stormwater Master Plan Description Identify and prioritize design improvements with preliminary drainage studies and assessments; address site specific localized flooding/drainage issues; identify stormwater problem areas and potential drainage improvements with Stormwater Master Plans Hazard(s) Addressed Flooding Estimated Cost $15,000+ Funding General Funds Status In early conversations with Village on drainage issue around school. Timeline 2-5 years Priority High Lead Agency Board of Education Grand Island Council Session - 11/14/2017 Page 412 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 75 PARTICIPANT SECTION FOR THE CITY OF GRAND ISLAND Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 413 / 479 Section Seven: City of Grand Island Participant Section 76 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table GID.1 provides the list of participating members that comprised the City of Grand Island local planning team. Members of the planning team attended Round 1 and Round 2 meetings, and provided important information including, but not limited to: confirming demographic information, critical facilities, future development trends, hazard history and impacts, identifying hazards of greatest concern, and the prioritization of mitigation actions that address the hazards at risk to the community. Table GID.1: City of Grand Island Local Planning Team Name Title Department / Organization Chad Nabity Planning Director/Floodplain Administrator City of Grand Island Jon Rosenlund Emergency Manager City of Grand Island LOCATION AND GEOGRAPHY The City of Grand Island is located in the northeastern portion of Hall County and covers an area of 28.6 square miles. The major waterway in the area is the Platte River, located south of the City and running from the southwest to the northeast. TRANSPORTATION Grand Island’s major transportation corridors include Highways 2, 30, 34, and 281. Highway 2 is located along the northwestern edge of the City and has an average of 4,260 vehicles per day with 315 of those categorized as heavy commercial vehicles. Highway 30 travels through the center of the City in a southwest to northeast direction and has an average of 6,265 vehicles per day with 1,080 of those categorized as heavy commercial vehicles. Highway 34 travels in an east to west direction and is located in the southeast corner of the City and has an average of 5,040 vehicles per day with 550 of those categorized as heavy commercial vehicles. Finally, Highway 281 travels in a north to south direction through the center of the City and have an average of 11,000 vehicles per day with 1,085 of those categorized as heavy commercial vehicles. Grand Island has three active rail lines in or near the City limits, these include a Union Pacific, a Burlington Northern, and a Nebraska Central line. There is also one non-operating rail line that is owned by the United States Government and located to the west of the City. Grand Island Council Session - 11/14/2017 Page 414 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 77 Figure GID.1: Map of the City of Grand Island Grand Island Council Session - 11/14/2017 Page 415 / 479 Section Seven: City of Grand Island Participant Section 78 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 DEMOGRAPHICS The following figure displays the historical population trend from 1930 to 2014. This figure indicates that the population of Grand Island has been increasing since 1930. Figure GID.2: Population 1930 - 2014 Source: U.S. Census Bureau The following table indicates the City has a higher percentage of the population that is under the age of 5 when compared to Hall County. However, Grand Island has a comparable percentage of the population between the ages of 5 and 64 and over the age of 64 as the County. The median age is also very similar to the County’s. Table GID.2: Population by Age Age Grand Island Hall County State of Nebraska <5 8.4% 8.1% 7.2% 5-64 78.7% 78.5% 79.2% >64 13.0% 13.4% 13.6% Median 35 35.9 36.2 Source: U.S. Census Bureau, 2010, Table DP-1 The following table indicates that Grand Island’s median household income is significantly lower than the County. The per capita income, the median home value, and median rent value are also lower than that of the County. Table GID.3: Housing and Income Grand Island Hall County State of Nebraska Median Household Income $46,527 $61,677 $52,400 Per Capita Income $23,221 $24,075 $27,339 Median Home Value $113,500 $118,300 $130,100 Median Rent $653 $656 $721 Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP03 and DP04 18,041 19,130 22,682 25,742 32,358 33,180 39,487 42,940 48,520 50,059 0 10,000 20,000 30,000 40,000 50,000 60,000 1930 1940 1950 1960 1970 1980 1990 2000 2010 2014 (ACS)PopulationYear Population Grand Island Council Session - 11/14/2017 Page 416 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 79 According to 2010-2014 ACS 5-year estimates, the community has 19,833 housing units with 94.3 percent of those units occupied. There are approximately 599 mobile homes in the community. Mobile home parks are in almost every zoning district in Grand Island. The initial Flood Insurance Rate Map (FIRM) was developed in March 1983. Figure GID.3: Housing Units by Year Built Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP04 Table GID.4: Housing Units Jurisdiction Total Housing Units Occupied Housing Units Occupied Vacant Owner Renter Number Percent Number Percent Number Percent Number Percent Grand Island 18,702 94.3% 1,131 5.7% 11,379 60.8% 7,323 39.2% Hall County 22,418 94.1% 1,418 5.9% 14,326 63.9% 8,092 36.1% Source: Selected Housing Characteristics, 2010 - 2014 ACS 5-year Estimates MAJOR EMPLOYERS The major employers in the community are the St. Francis Hospital, JBS Swift, Principal Financial, Chief Industries, Grand Island Public Schools, and Global Industries. Most community members stay in Grand Island for work. FUTURE DEVELOPMENT TRENDS Over the past five years, Grand Island has seen many new buildings, redevelopments, and new roads. Some new houses were built in the floodplain, but all are compliant with floodplain regulations. Overall, Grand Island’s population is growing. The local planning team reports that Grand Island is a regional hub with varied employers, retailers, and medical facilities. There are new housing developments planned for the next five years, mostly in the northwest part of the City. Furthermore, a few apartment complexes are planned for the southeast section of Grand Island in the next five years. A new hospital and a retail center are planned to be built as well. 3,696 1,090 2,707 2,689 3,636 1,871 2,169 1,748 227 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Before 1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-Housing Units BuiltYears Built Housing Age Grand Island Council Session - 11/14/2017 Page 417 / 479 Section Seven: City of Grand Island Participant Section 80 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure GID.4: Zoning Map Grand Island Council Session - 11/14/2017 Page 418 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 81 PARCEL IMPROVEMENTS AND VALUATION GIS parcel data was requested from the County Assessor. This data was analyzed for the location, number, and value of property improvements at the parcel level. The data did not contain the number of structures on each parcel. A summary of the results of this analysis is provided in the following table. Table GID.5: Parcel Improvements Number of Improvements Total Improvement Value Mean Value of Improvements Per Parcel Number of Improvements in Floodplain Value of Improvements in Floodplain 18,386 $2,492,047,641 $135,541 988 229,290,374 Source: Hall County Assessor CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are a total of 37 chemical storage sites that house hazardous materials in Grand Island. A total of three chemical storage sites are located in the floodplain (Figure GID.5). Table GID.6: Chemical Storage Fixed Sites Facility Address In Floodplain? Agricultural Services Inc 2777 N Broadwell Ave No Alter Nebraska Corporation 1119 E 4th St No AmeriCold Logistics LLC 204 E Roberts St No AT&T Communications 0900 144 W Roberts St No Aurora Co-op Elevator Company 4155 E US Highway 30 Yes – 1% Aurora Co-op Elevator Company 920 N Shady Bend Rd No C W Burdick Generating Station 800 Bischeld St No CenturyLink 105 N Wheeler Ave No Charter Communications 2533 W Old Lincoln Hwy No Charter Communications 205 N Webb Rd No Chief Industries Inc 1119 S Adams St No Christensen Concrete Products 235 W Roberts St No Christensen Concrete Products 3990 W US Highway 30 No CNH America LLC - Miller Bldg 1011 Claude Rd No CNH Industrial America LLC 3445 W Stolley Park Rd No Coca-Cola Refreshments 1617 Holland Dr No Darling Ingredients Inc 5251 W Guenther Rd Yes – 1% Diamond Truck Wash 6499 S US Highway 281 No Gerhold Concrete Co 1431 S Webb Rd No GIUD Burdick Reservoir S Stuhr Rd No GIUD Rogers Reservoir 3990 W Old Potash Hwy No Grand Island Potable Water 2700 Wellfield Rd No Grand Island Water Department 364 N Pine St No Lineage Logistics LLC 205 E Roberts St No McCain Foods USA Inc 2629 N Broadwell Ave No Optimas OE Solutions 3319 Island Cir No Overhead Door Co 2514 E US Highway 30 No Platte Generating Station 1035 W Wildwood Dr No Platte Valley Energetics LLC 8318 W Old Potash Hwy No Sprint Grand Island POP 333 N Pine St No Standard Iron Inc 4160 Gold Core Rd No Grand Island Council Session - 11/14/2017 Page 419 / 479 Section Seven: City of Grand Island Participant Section 82 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Facility Address In Floodplain? Swift Beef Company 555 S Stuhr Rd No The Home Depot Store 3208 911 Allen Dr No VA Nebraska - Western Iowa HCS 2201 N Broadwell Ave No Verizon Wireless MTSO 3650 W 13th St No Verizon Wireless Newfair 1203 S Stuhr Rd Yes – 1% Windstream Communications 3650 W 13th St No Source: Nebraska Department of Environmental Quality HISTORIC SITES According to the National Register of Historic Places for Nebraska, there are 16 historic sites located in or near Grand Island. Table GID.7: National Historic Registry Site Name Date Listed In Floodplain? Burlington Railroad Depot, Grand Island 12/2/2014 No Hall County Courthouse 9/15/1977 No Grand Island Carnegie Library 5/2/1975 No Cathedral of the Nativity of the Blessed Virgin Mary 7/15/1982 No Liederkranz 11/30/1978 No Evangelische Lutherische Dreinenigkeit Kirche 12/4/1986 No Hotel Yancey 12/13/1984 No Grand Island United States Post Office and Courthouse 2/14/2006 No Hamilton-Donald House 3/13/1986 No Mrs. H. J. Bartenbach House 12/8/1986 No Roeser-Gartner House 6/25/1982 No Glade-Donald House 9/12/1985 No Andrew M. Hargis House 6/9/1978 No Grand Island Senior High School 11/22/1999 No Lee Huff Apartment Complex 7/1/1994 No Heinrich Giese House 7/26/2006 No Source: Nebraska State Historical Society, 2016 Grand Island Council Session - 11/14/2017 Page 420 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 83 CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public (i.e. Red Cross Shelter), and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Table GID.8: List of Critical Facilities in Grand Island CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 1 Grand Island City Hall 100 E First Street N Y N 2 Central NE Regional Airport 3557 Sky Park Rd N N N 3 GI Fleet Services 1111 W North Front St. N N N 4 Grand Island Transfer Station 5050 W Potash Highway N N N 5 Qwest (GI) 105 N Wheeler N N N 6 GI Fire #1 Fonner Park Rd N Y N 7 GI Fire #2 1710 N Broadwell Ave. N Y N 8 GI Fire #3 2310 S Webb Rd N Y - Portable N 9 GI Fire #4 3690 W State St. N Y N 10 GI Rural Fire 3009 W. Hwy 34 N Y N 11 American Red Cross 404 E 3rd St. N N N 12 Salvation Army 818 W. 3rd St. N N N 13 St. Francis Medical Center 2620 West Faidley Ave. N Y N 14 Burdick Power Station 800 E. Bischeld St. N N N 15 Phelps Control Center 700 E Bischeld St. N N N 16 Platte Generation Station 1035 Wildwood Dr. N N N 17 Elec Division Facility 1116 W North Front St. N N N 18 GI Wastewater Treatment Plant 3013 E Swift Rd. N Y Y 19 First Presbyterian Church 2103 W Anna St. Y N N 20 Blessed Sacrament Church 518 W State St. Y N N 21 St. Leos Church 2410 S Blaine St Y N N 22 St. Paul’s Lutheran Church 1515 S. Harrison St Y N N 23 Fonner Park Race Track 700 E. Stolley Park Rd. Y N N 24 Newell Elementary School 2700 W 13th St. Y N N 25 Northwest High School 2710 N. North Rd. Y N Y 26 Barr Jr. High School 602 W. Stolley Park Rd Y N N 27 Seedling Mile Elementary 3208 E. Seedling Mile Rd. Y N N 28 G.I. Senior High School 2124 N. Lafayette Ave. Y N N 29 Starr Elementary School 315 Wyandotte St. Y N N 30 Dodge School 641 S Oak St. Y N N 31 Walnut Jr. High School 1600 N. Custer Ave. Y N N 32 United Veterans Club, Inc. 1914 W. Capital Y N Y 33 Y.M.C.A. 221 E South Front St Y N N 34 Y.W.C.A. 211 E Fonner Park Rd Y N N Grand Island Council Session - 11/14/2017 Page 421 / 479 Section Seven: City of Grand Island Participant Section 84 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 35 E Free Church 2609 S Blaine Y N N 36 Howard Elementary School 502 W 9th Y N N 37 Jefferson Elementary School 1314 W 7th Y N N 38 Knickrehm Elementary School 2013 N Oak Y N N 39 Lincoln Elementary School 805 N Beal St Y N N 40 Stolley Park Elementary School 1700 W Stolley Pk. Y N N Grand Island Council Session - 11/14/2017 Page 422 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 85 Figure GID.5: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 423 / 479 Section Seven: City of Grand Island Participant Section 86 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. LOCAL HAZARD PRIORITIZATION For an in-depth discussion regarding these area wide hazards, please see Section Four: Risk Assessment. The following discussion provides community-specific information as by the local planning team. Only hazards identified either as a concern to the community by the local planning team or based on the occurrence and risk of the hazard to the community are discussed in detail below. Chemical Spills (Transportation) Both UP and BNSF have main lines through Grand Island. Highways 30, 2, and 281 all run through the City. Many manufacturing facilities have reportable quantities of transported hazardous material. There have been some fuel spills and occasional releases. Chemicals are presumed to be transported daily by highway; however, the local planning team is not sure which types of chemicals are being transported. According to the Pipeline and Hazardous Materials Safety Administration, there have been 149 reports of chemical spills. City Hall, the County Administration Building, Fire Stations 3 and 4, the Police and Sheriff Buildings are critical facilities along the main transportations. Chemical spill hazard mitigation actions include improving the citizen warning systems and educating the public on hazard events. Flooding Grand Island’s flood risk areas of concern surround the City on the north, east, and south sides. The closest bodies of water of concern are Wood River, Prairie Creek, Silver Creek, and Moores Creek. The local planning team listed several dates of Grand Island flooding events, 1968, 1976, 1993-94, 2005, and 2008. However, the City has completed and is finishing flood control projects to mitigate flooding in the community. First, the Wood River floodplain has largely been mitigated due to the construction of a levee system, completed in 2004. Then in partnership with the CPNRD, the Upper Prairie Silver Moores Flood Control Project will impact the northern floodplain. It is a three-phase flood control project that includes stormwater detention cells, a diversion channel, and a series of upland detention dams. This project is slated to be completed in 2017. For more information on this project, please see the CPNRD’s participant section. The planning team noted that the areas in the community most prone to flooding are northwest Grand Island, north of Capitol Avenue, west of 281. Compounding this, the planning team mentioned that when the City receives brief intense rain events (at least 2+ inches of water per hour), stormwater drainage systems lose efficiency. Grand Island has 154 NFIP policies in-force for $28,496,500. There are two single family repetitive flood loss properties in the City of Grand Island. The following table is parcel improvement information as provided by the County Assessor. It indicates that an estimated 5.4 percent of all parcel improvements in Grand Island are located in the floodplain. Table GID.9: Structures in the 1% Annual Flood Risk Area Value of Improvements in Floodplain Number of Improvements in Floodplain Total Number of Improvements in Community Percentage of Improvements in Floodplain $229,290,374 988 18,386 5.4% Source: Hall County Assessor Further mitigation actions for flooding include mitigating repetitive flood loss properties and providing citizens with additional information about hazard events. Grand Island Council Session - 11/14/2017 Page 424 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 87 Hail The NCEI reports 89 hail events since 1996, causing $7,852,000 dollars in damages. These costs incurred led the community to rank hail as a top concern. The largest hail stone was reported at 3 inches. The planning team is concerned due to the potential for property damage. Most of the critical facilities are fitted with hail resistant building materials, and are insured. Building code limits to community members to one layer of shingles which encourages hail resistant building materials. Future hail hazard mitigation actions include improving citizen warning systems and educating the public on the hazards associated with hail. Levee Failure Levee failure may cause loss of life and injuries as well as damages to property, the environment, and the economy. There have been no reports of levee failure in Grand Island. The following table identifies the levee system that is located in the City. An Emergency Preparedness Plan (EPP) for the levee is being developed in coordination with the CPNRD and County Emergency Management. The EPP will include stakeholder roles and responsibilities, a risk awareness communication plan, evacuation plan, and activation process. Table GID.10: Hall Levees Name Sponsor City River Length (miles) Type of Protection Protected Area (sq miles) Approximate Level of Protection Wood River FPP Central Platte NRD Grand Island Wood River 12.3 Urban 25 – 49 50 - 99 Year Flood Source: Nebraska State Mitigation Plan The following map provides the location of leveed areas in Grand Island. Shaded areas indicate land areas that are protected by the levee and are therefore vulnerable if the levee were to fail. An estimated 9,480 people and 3,964 buildings reside within the leveed areas. Severe Thunderstorms The NCEI reported 33 thunderstorm wind events since 1996. Official reports of property damage topped $929,000 dollars for Grand Island. The City has severe thunderstorms every year, reported by the planning team, with localized flooding and wind damage. The planning team is concerned with the potential impact on utilities and transportation routes. There are weather radios in critical facilities, but not all have backup generators. Grand Island has an active tree management program that seeks to reduce the damage from falling trees and branches. Mitigation actions include improving the tree management program with a tree inventory and maintenance program. Other hazard mitigation actions are to provide adequate public safe rooms for the community, improve severe weather warning systems, hardening and looping the electrical system, and educating residents on thunderstorms. Tornadoes There are two reports of tornadoes since 1996 in the City of Grand Island. However, on June 3rd, 1980 there were seven tornadoes that touched down in or near the community over the span of nearly three hours. This outbreak devastated entire sections of Grand Island killing five people and injuring 200. Now, municipal servers are backed up to multiple locations; the City has warning sirens and some safe rooms, which are FEMA-certified. The County Emergency Management offers text alerts, and the community does educational outreach through Grand Island TV, and the Weatherwise program. Tornado hazard mitigation plans include providing adequate public safe rooms, improving public severe weather warning systems, hardening and looping the electrical system, reducing tree damage with a tree inventory and maintenance program, and educating the public on tornado hazards. Grand Island Council Session - 11/14/2017 Page 425 / 479 Section Seven: City of Grand Island Participant Section 88 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure GID.6: Leveed Areas Grand Island Council Session - 11/14/2017 Page 426 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 89 GOVERNANCE A community’s governance indicates the number of boards or offices that may be available to help implement hazard mitigation actions. The City of Grand Island is governed by a Mayor and a nine member City Council. Furthermore, Grand Island has a number of offices or departments that may be involved in implementing hazard mitigation initiatives. • Clerk/Treasurer • Streets/Parks Commissioner • Planning Commission • Housing Authority • Water and Sewer Department • Volunteer Fire Department • Tree Board CAPABILITY ASSESSMENT Thus far, the planning process has identified the major hazards for the community, and described and quantified the vulnerability of the community to these risks by acquiring updated information from FEMA, local jurisdictions, and other sources. The following step, referred to as a capability assessment, assesses what loss prevention or preparedness mechanisms are already in place. Combining the risk assessment with the local capability assessment results in a stronger mechanism for understanding a locality’s “net vulnerability,” and to what extent they are able to implement the identified goals, objectives, and actions. A two-step approach was applied to conduct this assessment for each participant. First, an inventory of common mitigation activities was developed through the Capability Assessment Survey completed by the participants’ representatives. Four major local capabilities were examined in this assessment, and they are planning & regulatory capability, administrative & technical capability, fiscal capability, and education & outreach capability. The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken, if deemed appropriate. Second, local existing policies, regulation, plans, and programs were reviewed and evaluated to determine their contributions to reducing hazard- related losses. Table GID.11: Capability Assessment Survey Components/Subcomponents Yes/No Planning & Regulatory Capability Comprehensive Plan Yes Capital Improvements Plan Yes Economic Development Plan Yes Emergency Operational Plan Yes Floodplain Management Plan No Storm Water Management Plan No Zoning Ordinance Yes Subdivision Regulation/Ordinance Yes Floodplain Ordinance Yes Building Codes Local Codes National Flood Insurance Program Yes Community Rating System No Other (if any) Administrative & Planning Commission Yes Grand Island Council Session - 11/14/2017 Page 427 / 479 Section Seven: City of Grand Island Participant Section 90 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Survey Components/Subcomponents Yes/No Technical Capability Floodplain Administration Yes GIS Capabilities Yes Chief Building Official Yes Civil Engineering Yes Local Staff Who Can Assess Community’s Vulnerability to Hazards Yes Grant Manager No Mutual Aid Agreement Yes Other (if any) Fiscal Capability Capital Improvement Plan/1 & 6 Year plan Yes Applied for grants in the past Yes Awarded a grant in the past Yes Authority to Levy Taxes for Specific Purposes such as Mitigation Projects Yes Gas/Electric Service Fees Yes Storm Water Service Fees No Water/Sewer Service Fees Yes Development Impact Fees No General Obligation Revenue or Special Tax Bonds Yes Other (if any) Education & Outreach Capability Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Ex. CERT Teams, Red Cross, etc. Yes Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) Yes Natural Disaster or Safety related school programs Yes StormReady Certification No Firewise Communities Certification No Tree City USA Yes Other (if any) Table GID.12: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Moderate Does the community have the staff/expertise to implement projects? Moderate Is there community support to implement projects? Moderate Does the community staff have time to devote to hazard mitigation? Moderate Grand Island Council Session - 11/14/2017 Page 428 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 91 PLAN INTEGRATION The following paragraphs provide a summary of the community plans that were analyzed using guidance from FEMA’s 2014 Plan Integration Guide. The City of Grand Island Comprehensive Plan, last updated in 2004, contains some goals and objectives consistent with hazard mitigation. The plan directs development away from the floodplain, chemical facilities, and major transportation routes. It also limits density in areas adjacent to known hazardous areas. Furthermore, it encourages infill development, clustering of development in sensitive areas, and elevation of structures located in the floodplain. The plan encourages preservation of open space in hazard-prone areas, and allows for emergency access to all areas of town. At this time, there are no current plans to incorporate the HMP into the Comprehensive Plan. The City’s Zoning Ordinance was last updated in 2004. It discourages development in the floodplain, requires at least one-foot of elevation above base flood elevation in the floodplain, and prohibits development in within the floodway. It also discourages development near chemical storage sites and along major transportation routes in residential areas. The Ordinance encourages maintaining open space within the floodplain, limits development in the extraterrestrial jurisdiction, and accounts for current population trends. Grand Island has an annex to the Hall County Local Emergency Operations Plan, last updated in 2015. The Plan addresses the hazards of greatest concern, identifies scenarios that would require evacuation and critical evacuation routes, locations to be used for mass sheltering, and provides a clear assignment of responsibility during an emergency. The Building Codes for Grand Island were recently updated in 2016 and are based on the 2012 International Building Codes. The Codes outline proper sump pump installation, allow for raingardens in residential areas, and require the use of fire resistant building materials. Grand Island has a 1 & 6 Year Street Plan and Transportation Improvement Plan that are reviewed and updated annually. The plans include many hazard mitigation projects such as stormwater projects, upsizing of culverts and drainage structures, and upgrading and regular maintenance of the storm sewer system. They also include stalling street aprons to facilitate drainage, improving to transportation routes for drainage, bridge improvements, updating electrical distribution system, and installing emergency generators in critical facilities. Furthermore, they include installing water meters for residential structures, burying power lines, and improving the existing Fire Hall. There are also plans to build a new Emergency Operations Center and 911 facilities in Grand Island, serving all of Hall County. MITIGATION STRATEGY Ongoing and New Mitigation Actions Reduce Damages in Floodplain Description Evaluate repetitive loss or potential loss structures located in floodplain; acquire and relocate or demolish flood prone property or elevate flood prone property; elevate equipment vulnerable to flooding Hazard(s) Addressed Flooding Estimated Cost Varies Funding FMA, PDM, General Funds Status Not yet started. Timeline 5+ years Priority Medium Lead Agency Floodplain Administrator Grand Island Council Session - 11/14/2017 Page 429 / 479 Section Seven: City of Grand Island Participant Section 92 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Reduce Damages from Floods, Stormwater, and Heavy Precipitation Events Description Conduct stormwater drainage study; evaluate and implement recommendations or comparable measures to improve drainage; evaluate and improve stormwater system Hazard(s) Addressed Flooding Estimated Cost Varies Funding General Funds, FMA, PDM, CDBG Status Not yet started. Timeline 2-5 years Priority High Lead Agency Water and Sewer Department Provide Adequate Public Safe Rooms and Post-Disaster Storm Shelters Description Identify and evaluate existing safe rooms and/or storm shelters; improve and/or construct safe rooms and/or storm shelters; design and construct storm shelters and safe rooms in highly vulnerable areas such as mobile home parks, campgrounds, schools, etc. Hazard(s) Addressed Tornadoes, Severe Thunderstorms, High Winds Estimated Cost $200 - $250 per sq ft Funding General Funds, HMGP, PDM Status Not yet started. Timeline 5+ years Priority Low Lead Agency Planning Commission, Emergency Management Improve Warning Systems Description Evaluate current warning systems (defined as alert sirens, weather radios, and television, telephone, and radio warning systems, etc.); improve warning systems/develop new warning system; obtain/upgrade warning system equipment and methods; conduct evaluation of existing alert sirens for replacement or placement of new sirens; identify location of weather warning radios; improve weather radio system; obtain/upgrade weather radios Hazard(s) Addressed All Hazards Estimated Cost $25,000 - $50,000 Funding City Emergency Management Budget, HMGP Status In progress. Timeline Ongoing Priority High Lead Agency Emergency Management Reduce Tree Damage and Damage from Trees Description Conduct tree inventory; develop tree maintenance/trimming program; implement tree maintenance/trimming program; remove hazardous limbs and/or trees Hazard(s) Addressed Tornadoes, Severe Winter Storms, Severe Thunderstorms, High Winds, Grass/Wildfire Estimated Cost $5,000+ Funding General Funds Status In progress. Timeline Ongoing Priority Medium Lead Agency Tree Board Grand Island Council Session - 11/14/2017 Page 430 / 479 Section Seven: City of Grand Island Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 93 Improve Electrical Service Description Evaluate hardening, retrofitting, looping and/or burying of power lines and related infrastructure and/or comparable protection measures; provide looped distribution service and other redundancies in the electrical system as a backup power supply in the event the primary system is destroyed or fails; implement measures to improve electrical service; bury power lines for future construction Hazard(s) Addressed All Hazards Estimated Cost Varies Funding General Funds, HMGP, PDM Status Not yet started. Timeline 5+ years Priority Low Lead Agency City Engineer Community Education and Awareness Description Obtain or develop hazard education materials; conduct multi-faceted public education; distribute fact sheets or maps at community events, public schools, other venues and to public and private communication systems; conduct scheduled siren/warning system tests; prepare educational materials listing safe rooms and shelters and evacuation plans; distribute educational materials listing safe rooms and shelters; purchase equipment such as overhead projectors and laptops to facilitate presentation of information Hazard(s) Addressed All Hazards Estimated Cost Varies Funding Staff Time Status In progress. Timeline Ongoing Priority High Lead Agency Emergency Management Develop an Emergency Preparedness Plan Description Develop an Emergency Preparedness Plan (EPP) for the Grand Island Levee System in coordination with Hall County Emergency Management and the CPNRD (the plan should include stakeholder roles and responsibilities, a risk communication plan, emergency activation levels, activation process, evacuation plan, and training and exercise plan) Hazard(s) Addressed Levee Failure Estimated Cost $10,000 Funding General Funds Status Early planning stages. Timeline 1 year Priority High Lead Agency Planning Commission, Emergency Management, CPNRD Removed Mitigation Actions Maintain NFIP Participation Description Continue to regulate development in floodplain areas; additional floodplain mapping/remapping Reason for Removal City will continue to participate in program, however, this is no longer considered a hazard mitigation action. Grand Island Council Session - 11/14/2017 Page 431 / 479 Section Seven: City of Grand Island Participant Section 94 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 THIS PAGE IS INTENTIONALLY BLANK Grand Island Council Session - 11/14/2017 Page 432 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 95 PARTICIPANT SECTION FOR THE GRAND ISLAND PUBLIC SCHOOL DISTRICT Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan August 2017 Grand Island Council Session - 11/14/2017 Page 433 / 479 Section Seven: Grand Island Public School District Participant Section 96 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table GIP.1 provides the list of participating community members that comprised the Grand Island Public School District local planning team. Members of the planning team attended Round 1 and Round 2 meetings and provided important information including but not limited to: confirming demographic information, critical facilities, structural inventory, future development trends, hazard history and impacts, identifying hazards of greatest concern for the community, and the prioritization of mitigation actions that address the hazards at risk to the community. Table GIP.1: Grand Island Public Schools Local Planning Team Name Title Department / Organization Robin Dexter Associate Superintendent GIPS Dan O. Petsch Director of Buildings & Grounds GIPS Rick Ressel School Safety Coordinator GIPS Jon Rosenlund Emergency Manager Grand Island/Hall County LOCATION AND SERVICES Grand Island Public School District operates 21 schools with 14 elementary schools, three middle schools, and one high school, as well as an Early Learning Center, the Career Pathways Institute, and the Success Academy. The District provides services to students in the City of Grand Island and part of east central Hall County. Figure GIP.2 shows the location of the School District’s boundaries. DEMOGRAPHICS The following figure displays the historical population trend starting with the 2000-2001 school year and ending with the 2014-2015 year. It indicates that the student population has been increasing steadily since 2000 with a total enrollment of 9,553 in 2014. The district anticipates that student enrollment will continue to increase in the coming years. Figure GIP.1: Population 2000- 2015 Source: Nebraska Department of Education 7,207 7,397 7,690 7,925 8,070 8,244 8,367 8,353 8,556 8,902 9,021 9,035 9,098 9,313 9,553 0 2,000 4,000 6,000 8,000 10,000 12,000 Student PopulationSchool Year Student Population Grand Island Council Session - 11/14/2017 Page 434 / 479 Section Seven: Grand Island Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 97 Figure GIP.2: Grand Island Public School District Grand Island Council Session - 11/14/2017 Page 435 / 479 Section Seven: Grand Island Public School District Participant Section 98 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure GIP.3: Number of Students by Grade, 2014-2015 Source: Nebraska Department of Education The figure above indicates that the largest number of students are in kindergarten, 1st, and 3rd grades. The lowest population of students are pre-kindergarten, 11th, and 12th grades. According to the Nebraska Department of Education, nearly 66 percent of students receive either free or reduced priced meals at school. This is significantly higher than the state average at 44 percent. Additionally, there is nearly 16 percent of students in the English Language Learners Program and nearly 14 percent of students are in the Special Education Program. These particular students may be more vulnerable during a hazardous event than the rest of the student population. Table GIP.2: School District Statistics, 2014 - 2015 School District State of Nebraska Free/Reduced Priced Meals 65.53% 44.17% School Mobility Rate 16.86% 12.25% English Language Learners 15.97% 6.20% Special Education Students 13.57% 14.71% Source: Nebraska Department of Education FUTURE DEVELOPMENT TRENDS In September 2014, the City of Grand Island voted to approve a $69.9 million bond issue to complete seven Grand Island Public Schools building projects, all of which are slated to be completed by fall 2019. They include: • Engleman Elementary expansion • Shoemaker Elementary expansion and renovation • Starr Elementary new building at new location • Jefferson Elementary new building at current location • Stolley Park Elementary new building at current location • Barr Middle School expansion and renovation • Grand Island Senior High renovation of the 100-wing 486 819 808 733 763 739 705 754 720 661 630 610 574 551 0 100 200 300 400 500 600 700 800 900 PK KG 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12thNumber of StudentsGrade Students by Grade Grand Island Council Session - 11/14/2017 Page 436 / 479 Section Seven: Grand Island Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 99 As of the fall of 2016, the expansion and renovations of Engleman Elementary and Shoemaker Elementary have been completed. Grand Island Senior High, Starr Elementary, and Barr Middle School projects are slated to be completed by the end of 2017. Jefferson Elementary and Stolley Park Elementary will complete construction in the fall of 2019, and both new facilities will include storm shelters large enough to house all students and staff. Additional renovations at the schools will address security and life safety hazards such as sprinklers, fire alarm upgrades, and ADA compliance. Figure GIP.4: School District Construction Timeline Source: Grand Island Public Schools Website CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are a total of 37 chemical storage sites that house hazardous materials in Grand Island. Some of these facilities are located near schools. Table GID.3: Chemical Storage Fixed Sites Facility Address In Floodplain? Agricultural Services Inc 2777 N Broadwell Ave No Alter Nebraska Corporation 1119 E 4th St No AmeriCold Logistics LLC 204 E Roberts St No AT&T Communications 0900 144 W Roberts St No Aurora Co-op Elevator Company 4155 E US Highway 30 Yes – 1% Aurora Co-op Elevator Company 920 N Shady Bend Rd No C W Burdick Generating Station 800 Bischeld St No CenturyLink 105 N Wheeler Ave No Charter Communications 2533 W Old Lincoln Hwy No Charter Communications 205 N Webb Rd No Chief Industries Inc 1119 S Adams St No Christensen Concrete Products 235 W Roberts St No Christensen Concrete Products 3990 W US Highway 30 No CNH America LLC - Miller Bldg 1011 Claude Rd No CNH Industrial America LLC 3445 W Stolley Park Rd No Coca-Cola Refreshments 1617 Holland Dr No Darling Ingredients Inc 5251 W Guenther Rd Yes – 1% Grand Island Council Session - 11/14/2017 Page 437 / 479 Section Seven: Grand Island Public School District Participant Section 100 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Facility Address In Floodplain? Diamond Truck Wash 6499 S US Highway 281 No Gerhold Concrete Co 1431 S Webb Rd No GIUD Burdick Reservoir S Stuhr Rd No GIUD Rogers Reservoir 3990 W Old Potash Hwy No Grand Island Potable Water 2700 Wellfield Rd No Grand Island Water Department 364 N Pine St No Lineage Logistics LLC 205 E Roberts St No McCain Foods USA Inc 2629 N Broadwell Ave No Optimas OE Solutions 3319 Island Cir No Overhead Door Co 2514 E US Highway 30 No Platte Generating Station 1035 W Wildwood Dr No Platte Valley Energetics LLC 8318 W Old Potash Hwy No Sprint Grand Island POP 333 N Pine St No Standard Iron Inc 4160 Gold Core Rd No Swift Beef Company 555 S Stuhr Rd No The Home Depot Store 3208 911 Allen Dr No VA Nebraska - Western Iowa HCS 2201 N Broadwell Ave No Verizon Wireless MTSO 3650 W 13th St No Verizon Wireless Newfair 1203 S Stuhr Rd Yes – 1% Windstream Communications 3650 W 13th St No Source: Nebraska Department of Environmental Quality CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public, and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Jefferson and Stolley Park Elementary Schools will be building new facilities to include storm shelters. These facilities are slated to be completed in 2019. Grand Island Council Session - 11/14/2017 Page 438 / 479 Section Seven: Grand Island Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 101 Table GIP.4: List of Critical Facilities CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Storm Shelter Rooms (Y/N) Located in 1% Floodplain (Y/N) 1 Barr Middle School 602 W. Stolley Park Rd Y N Y N 2 Career Pathways Institute 1215 Adams St N N N N 3 Dodge Elementary School 641 S. Oak St Y N N N 4 Early Learning Center 4360 W. Capital Ave N N N N 5 Engelman Elementary School 1812 Mansfield Rd N N Y N 6 Gates Elementary School 2700 W. Louise St Y Y N N 7 Grand Island Senior High School 2124 N. Lafayette Ave Y N N N 8 Howard Elementary School 502 W. 9th St Y N N N 9 Indra House 2131 N. Lafayette St N N N N 10 Jefferson Elementary School 1314 W. 7th St Y N N/Y (2019) N 11 Kneale Administration Buidling 123 S. Webb Rd Y Y N N 12 Knickrehm Elementary School 2013 N. Oak St Y N N N 13 Lincoln Elementary School 805 Beal St Y N N N 14 Newell Elementary School 2700 W. 13th st Y Y N N 15 Seedling Mile Elementary School 3208 E. Seedling Mile Rd Y Y N N 16 Shoemaker Elementary School 4160 W. Old Potash Hwy Y N Y N 17 Starr Elementary School 315 Wyandotte St Y Y N N 18 Stolley Park Elementary School 1700 W. Stolley Park Rd Y N N/Y (2019) N 19 Success Academy 1912 N. Lafayette Ave N N N N 20 Walnut Middle School 1600 N. Custer Ave Y Y N N 21 Wasmer Elementary School 318 S. Clark St Y N N N 22 West Lawn Elementary School 3022 College St Y N N N 23 Westridge Middle School 4111 W. 13th St Y N N N 24 New Starr Elementary (Under Construction) Adams & Stolley Streets Unknown Y Y N Grand Island Council Session - 11/14/2017 Page 439 / 479 Section Seven: Grand Island Public School District Participant Section 102 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure GIP.5: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 440 / 479 Section Seven: Grand Island Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 103 SCHOOL DRILLS AND STAFF TRAINING The School District is required by law to conduct a number of drills throughout the year. Students and staff participate in monthly fire drills, tornado drills twice per year, lockdown drills at least twice per year, and lockout drill annually. The school’s Crisis Team meets as needed following a crisis situation and reviews and updates the Emergency Response Manual. Each school building has a dedicated Emergency Response Team, and they meet twice per year. Principals for each school identify staff to receive First Aid and CPR training. Furthermore, staff are trained annually through safety videos. Parents and students are made aware of the District’s procedures through letters, handouts, and in the student handbook. The District can also quickly notify parents of a situation by utilizing an automated calling system. Texts and emails are also sent out, and social media is utilized as well. HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. SCHOOL HAZARD PRIORITIZATION For an in-depth discussion regarding area wide hazards, please see Section Four: Risk Assessment. The following discussion provides specific information, reported by the local planning team. Only hazards either identified as a concern to the District by the local planning team, or based on the occurrence and risk of the hazard to the District are discussed in detail below. Chemical Spills (Transportation) Union Pacific Railroad, BNSF Railroad, and U.S. Highways 30 and 281 travel through the community and occasionally hazardous chemicals are transported along these routes. There have been no reports of spills impacting the schools, however, and the School District is prepared in the event of a hazardous chemical spill. Written protocols indicate that schools are to shelter-in-place in the event of a spill. Each classroom has a red backpack that contains a folder with instructions for various situations and includes supplies that may be needed such as duct tape to seal windows and doors in the event of a spill. Mitigation actions include improving warning systems and promoting first aid. Severe Thunderstorms The NCEI reported 33 thunderstorm wind events since 1996 in the Grand Island area. The School District reports that in 2014, a severe thunderstorm with large hail heavily damaged school roofs and skylights, which cost $3 million to repair at nine schools. On May 30, 2011, high winds from a severe thunderstorm were measured at 80 mph, which damaged a storage shed and caused heavy tree damage at most of the school campuses. Lightning has also damaged their fire alarm, communication, and camera systems. The local planning team reports that high winds associated with severe thunderstorms will cause brief power outages about two to three times a year. The northern part of the District is more susceptible to power outages. The School District does trim trees on an annual basis, and weather radios are available in every building. Mitigation projects include using hail resistant roofing materials and installing backup power generators. Severe Winter Storms Severe winter storms with heavy snow, ice, and high winds are a regular part of the climate and have led to school closures in the past. In 2006, an ice storm over the Christmas break caused widespread tree and power line damage. Then in 2009, again over the Christmas break, a significant snow storm dumped a foot of snow of the area, and power was lost at some of the schools. Coupled with high winds, the storm produced white-out conditions and forced the closures of roads across the region. The School District has some staff and equipment available to clear snow, but much of the snow removal resources are contracted Grand Island Council Session - 11/14/2017 Page 441 / 479 Section Seven: Grand Island Public School District Participant Section 104 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 out. Tree trimming and removal of trees is also contracted out. To address power outages, the District has included backup power generators as a mitigation project. Terrorism Grand Island Public Schools has had to deal with students making general threats on social media, which force schools into a lockdown. In May 2016, a potential shooting threat was made on a social media app, and parents notified police of the threat. The Grand Island Police Department posted extra officers at Barr Middle School. In cooperation with the developers of the app, a student was charged with disturbing the peace. Graffiti and vandalism hit its peak around 2005, however, the District has noticed a decrease in this crime once School Resource Officers were added to the schools. The District works closely with the City’s Police Department in communicating potential threats, and additional precautions have also included the use of security systems, annual lockdown drills, and staff trainings. Tornadoes Grand Island has a long history of tornadoes impacting the community. The most infamous tornado outbreak occurred on June 3, 1980, when seven tornadoes touched down in or near the community over the span of nearly three hours. In the end, five people were killed and 200 were injured. Starr Elementary School sustained major damage and was rebuilt. The tornadoes also damaged some mechanical equipment at some of the schools and lifted off a section of the High School’s roof. The District has identified several projects to help mitigate the effects of tornadoes, including: installing backup power generators; constructing safe rooms; improving warning systems; promoting first aid; and developing a school continuity plan. ADMINISTRATION/CAPABILITY ASSESSMENT The school district has a superintendent, an associate superintendent, and 18 principals. The School Board is made up of a nine-member panel. The district also has additional departments and staff that may be available to implement hazard mitigation initiatives. They include: • Chief Academic Officer • Chief Leadership and Development Officer • Chief of Innovation and Engagement • Chief Financial Officer • Executive Director of Information Technology • Safety & Crisis Management • Director of Buildings and Grounds • Director of Special Education • Director of Federal Programs Table GIP.5: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Moderate Does the community have the staff/expertise to implement projects? High Is there community support to implement projects? High Does the community staff have time to devote to hazard mitigation? High Grand Island Council Session - 11/14/2017 Page 442 / 479 Section Seven: Grand Island Public School District Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 105 PLAN INTEGRATION Grand Island Public Schools maintain, update, and review annually their Emergency Response Manual. The manual is a plan that outlines the resources, roles, responsibilities, and procedures for response to hazards and emergencies with the goal to protect lives and property. The plan is broken down by seven sections and a sample of the sections include: • Building Emergency Preparedness • Emergency Preparedness for Special Needs Children • Natural and Accidental Disasters • Imminent Danger Preparedness: Bomb Threats/Shelter-In-Place/Evacuate • External Threat/Lockout; Imminent Danger in the Building/Lockdown • Hazardous Material Incidents No other examples of plan integration were identified, and there are currently no plans to further integrate planning mechanisms. MITIGATION STRATEGY Ongoing and New Mitigation Actions Improve/Provide Adequate Backup and Emergency Generators Description Identify and evaluate current backup and emergency generators; obtain additional generators based on identification and evaluation; provide portable or stationary source of backup power to redundant power supplies, municipal wells, lift stations and other critical facilities and shelters Hazard(s) Addressed All hazards Estimated Cost $3,500+ depending on site requirements Funding General Funds Status New. Timeline 2-5 years Priority Medium Lead Agency Buildings and Grounds Provide Adequate Public Safe Rooms and Post-Disaster Storm Shelters Description Identify and evaluate existing safe rooms and/or storm shelters; improve and/or construct safe rooms and/or storm shelters; design and construct storm shelters and safe rooms in highly vulnerable areas such as mobile home parks, campgrounds, schools, etc. Hazard(s) Addressed All Hazards Estimated Cost $200-$250/sf Funding General Funds or Bond Status New. Timeline 2-5 years Priority Medium Lead Agency Buildings and Grounds Grand Island Council Session - 11/14/2017 Page 443 / 479 Section Seven: Grand Island Public School District Participant Section 106 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Improve Warning Systems Description Evaluate current warning systems (defined as alert sirens, weather radios, and television, telephone, and radio warning systems, etc.); improve warning systems/develop new warning system; obtain/upgrade warning system equipment and methods; conduct evaluation of existing alert sirens for replacement or placement of new sirens; identify location of weather warning radios; improve weather radio system; obtain/upgrade weather radios Hazard(s) Addressed All Hazards Estimated Cost $50 per unit Funding General Funds Status New. Timeline 5+ years Priority Medium Lead Agency Buildings and Grounds School Continuity Plan Description Develop continuity plans for critical services to increase resilience after a hazardous event Hazard(s) Addressed All Hazards Estimated Cost $5,000+ staff time Funding General Funds Status New. Timeline 2-5 years Priority Medium Lead Agency Buildings and Grounds Hail Resistant Roofing Description Use roofing materials that are resistant to hail impacts for new buildings; retrofit existing buildings with hail resistant roofing; encourage the use of hail resistant roofing for any new constructions Hazard(s) Addressed Hail, Severe Thunderstorms, Severe Winter Storms Estimated Cost $2.50 per square foot Funding General Funds Status New. Timeline 2-5 years Priority Medium Lead Agency Buildings and Grounds Promote First Aid Description Promote first aid training for all residents or staff Hazard(s) Addressed All Hazards Estimated Cost $100 per person Funding General Funds Status New. Timeline 5+ years Priority High Lead Agency All Departments Grand Island Council Session - 11/14/2017 Page 444 / 479 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 107 PARTICIPANT SECTION FOR THE CITY OF WOOD RIVER Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan March 2017 Grand Island Council Session - 11/14/2017 Page 445 / 479 Section Seven: City of Wood River Participant Section 108 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 LOCAL PLANNING TEAM Table WDR.1 provides the list of participating members that comprised the City of Wood River local planning team. Members of the planning team attended Round 1 and Round 2 meetings, and provided important information including, but not limited to: confirming demographic information, critical facilities, future development trends, hazard history and impacts, identifying hazards of greatest concern, and the prioritization of mitigation actions that address the hazards at risk to the community. Table WDR.1: City of Wood River Local Planning Team Name Title Department / Organization Greg Cramer Mayor City of Wood River Vince Boudreau City Council Member City of Wood River LOCATION AND GEOGRAPHY The City of Wood River is located in the western portion of Hall County and covers an area of 0.79 square miles. The major waterway in the area is the Wood River. TRANSPORTATION Wood River’s major transportation corridors include Highways 11 and 30. Highway 11 travels north through the center of the City and experiences an average of 1,415 vehicles per day with 130 of those categorized at heavy commercial vehicles. Highway 30 travels northeast to southwest through the City and has an average of 4,640 vehicles per day with 405 of those categorized as heavy commercial vehicles. Wood River has one Union Pacific rail line that travels south of the City from the southwest to northeast along Highway 30. DEMOGRAPHICS The following figure displays the historical population trend from 1930 to 2014. This figure indicates that the population of Wood River has been increasing since 1990. Figure WDR.1: Population 1930 - 2014 Source: U.S. Census Bureau 751 829 858 828 1,147 1,334 1,156 1,204 1,325 1,429 0 200 400 600 800 1,000 1,200 1,400 1,600 1930 1940 1950 1960 1970 1980 1990 2000 2010 2014 (ACS)PopulationYear Population Grand Island Council Session - 11/14/2017 Page 446 / 479 Section Seven: City of Wood River Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 109 Figure WDR.2: Map of the City of Wood River Grand Island Council Session - 11/14/2017 Page 447 / 479 Section Seven: City of Wood River Participant Section 110 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 The following table indicates the City has a slightly higher percentage of the population under the age of 5 but a lower percentage of the population between 5 and 64 years of age when compared to the County and the state. Additionally, the City has a higher percentage of its population over the age of 64 but a lower median age when compared to the County and the state. Table WDR.2: Population by Age Age Wood River Hall County State of Nebraska <5 8.2% 8.1% 7.2% 5-64 73.1% 78.5% 79.2% >64 18.6% 13.4% 13.6% Median 34.9 35.9 36.2 Source: U.S. Census Bureau, 2010, Table DP-1 The following table indicates that Wood River’s median household income, median home value, median rent value and per capita income are lower than the County’s. Table WDR.3: Housing and Income Wood River Hall County State of Nebraska Median Household Income $54,338 $61,677 $52,400 Per Capita Income $20,673 $24,075 $27,339 Median Home Value $96,000 $118,300 $130,100 Median Rent $599 $656 $721 Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP03 and DP04 According to 2010-2014 ACS 5-year estimates, the community has 369 housing units with 93.2 percent of those units occupied. There are approximately 77 mobile homes in the community, and many of them are located in two of the community’s mobile home parks. The initial Flood Insurance Rate Map (FIRM) was developed in December 1978. Figure WDR.3: Housing Units by Year Built Source: U.S. Census Bureau, 2010-2014 American Community Surveys 5-year Estimates, Table DP04 148 37 14 76 94 45 60 23 00 20 40 60 80 100 120 140 160 Before 1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-Housing Units BuiltYears Built Housing Age Grand Island Council Session - 11/14/2017 Page 448 / 479 Section Seven: City of Wood River Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 111 Table WDR.4: Housing Units Jurisdiction Total Housing Units Occupied Housing Units Occupied Vacant Owner Renter Number Percent Number Percent Number Percent Number Percent Wood River 463 93.2% 34 6.8% 362 78.2% 101 21.8% Hall County 22,418 94.1% 1,418 5.9% 14,326 63.9% 8,092 36.1% Source: Selected Housing Characteristics, 2010 - 2014 ACS 5-year Estimates MAJOR EMPLOYERS A major employer for the community is public school system. Many of the community’s residents commute to neighboring cities including Grand Island, Kearney, and Hastings. FUTURE DEVELOPMENT TRENDS Over the next five years, a new housing development is anticipated on the north side of the City. Additionally, the City is working to extend water service lines southeast side of the community and there are plans to resurface Pine Street. A new community pool will also be built. Two new businesses are expected to open in the coming years, and they include Dollar General Store, opening in fall of 2016, and Subway Sandwiches. PARCEL IMPROVEMENTS AND VALUATION GIS parcel data was requested from the County Assessor. This data was analyzed for the location, number, and value of property improvements at the parcel level. The data did not contain the number of structures on each parcel. A summary of the results of this analysis is provided in the following table. Table WDR.5: Parcel Improvements Number of Improvements Total Improvement Value Mean Value of Improvements Per Parcel Number of Improvements in Floodplain Value of Improvements in Floodplain 657 $75,409,641 $114,779 0 $0 Source: Hall County Assessor CRITICAL INFRASTRUCTURE/KEY RESOURCES CHEMICAL STORAGE FIXED SITES According to the Tier II System reports submitted to the Nebraska Department of Environmental Quality, there are a total of four chemical storage sites that house hazardous materials in Wood River. One of the chemical storage sites is located in the 0.2 percent floodplain (Figure WDR.5). Table WDR.6: Chemical Storage Fixed Sites Facility Address In Floodplain? Aurora Co-op Elevator Company 6236 S Schauppsville Rd Yes – 0.2% Agricultural Services Inc 106 W Railroad St No Cooperative Producers Inc 15123 W Wood River Rd No Green Plains Wood River LLC 7874 S 140th Rd No Source: Nebraska Department of Environmental Quality Grand Island Council Session - 11/14/2017 Page 449 / 479 Section Seven: City of Wood River Participant Section 112 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure WDR.4: Future Land Use Map Grand Island Council Session - 11/14/2017 Page 450 / 479 Section Seven: City of Wood River Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 113 HISTORIC SITES According to the National Register of Historic Places for Nebraska, Wood River has one historic site. Table WDR.7: National Historic Registry Site Name Date Listed In Floodplain? Gloe Brothers Service Station 7/5/2000 No Source: Nebraska State Historical Society, 2016 CRITICAL FACILITIES Each participating jurisdiction identified critical facilities vital for disaster response, providing shelter to the public (i.e. Red Cross Shelter), and essential for returning the jurisdiction’s functions to normal during and after a disaster. Critical facilities were identified during the original planning process and updated by the local planning team as a part of this plan update. The following table and figure provide a summary of the critical facilities for the jurisdiction. Table WDR.8: List of Critical Facilities in Wood River CF # Name Address Red Cross Shelter (Y/N) Generator (Y/N) Located in 1% Floodplain (Y/N) 1 City Hall/Fire Hall 1002 Main St. N Y N 2 Police Department 111 Wood River Ave N Y N 3 Wood River Elementary School 1003 Lilly St. Y N N 4 Wood River Rural High School 13800 W. Wood River Ave Y N N 5 Good Samaritan Center 1401 East St N Y N 6 Water Tower (old) 712 West St N N N 7 Water Tower (new) 5th & East Street N N N 8 Well 13th & Oak N N N 9 Well 1400 East St N N N 10 Well Lilley St. N Y N 11 Wood River Public Works So. Quancet 5th & East St N Y N 12 Wood River Blue 4H Bldg. 14th & Pine St N Y N 13 Wastewater Treatment Plant N Y N Grand Island Council Session - 11/14/2017 Page 451 / 479 Section Seven: City of Wood River Participant Section 114 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Figure WDR.5: Critical Facilities and Hazardous Materials Storage Facilities with Floodplain Grand Island Council Session - 11/14/2017 Page 452 / 479 Section Seven: City of Wood River Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 115 HISTORICAL OCCURRENCES For a table of historical hazard occurrences, please see the Participant Section for Hall County. LOCAL HAZARD PRIORITIZATION For an in-depth discussion regarding these area wide hazards, please see Section Four: Risk Assessment. The following discussion provides community-specific information as by the local planning team. Only hazards identified either as a concern to the community by the local planning team or based on the occurrence and risk of the hazard to the community are discussed in detail below. Chemical Spills (Transportation) There are two chemical spills along transportation routes near Wood River recorded by PHMSA. The first was a hydrogen peroxide leak in a defective transport container in 1984. The second spill occurred in January of 2003, when blizzard conditions cause a tanker carrying liquid helium to crash. Neither of these was a significant release event. Ethanol, ammonia and other unknown chemicals are frequently transported by Hwy 30 and the railroad. These transportation corridors are within a half-mile of the Community Center, City Hall, Fire Hall, and elementary school. The community has an adequate warning system. Chemical spill mitigation projects involve participating in a hazardous chemical spill emergency exercise and educating the public on chemical spill hazards and response. Flooding The flood risk areas of concern for the City of Wood River are located north of Highway 30 and impacts almost all the northern portion of the City. Wood River has two NFIP policies in-force for $383,000. There are no repetitive flood loss properties in the City of Wood River. The following table is parcel improvement information as provided by the County Assessor. It indicates none of the parcel improvements in Wood River are located in the 1 percent floodplain. Table WDR.9: Structures in the 1% Annual Flood Risk Area Value of Improvements in Floodplain Number of Improvements in Floodplain Total Number of Improvements in Community Percentage of Improvements in Floodplain $0 0 657 0% Source: Hall County Assessor The most significant flooding event in recent history in Wood River occurred in May of 2005. Over 11- inches of rain fell in four hours. Wood River flooded to 9-feet in town, filling the streets with water up to 5-feet deep. Almost every structure in Wood River sustained some damage, including the school and Community Center. Twelve homes sustained severe damage. The Fire Hall was one of the only structures to stay dry. During this event, there were widespread power outages in the area. Hall County was declared a Federal Disaster Area. An overpass was built after this event that has staved off much of the possible flooding since. Wood River has Mutual Aid Agreements with the Hall County Rural Fire Department, Grand Island, Carol, and Doniphan. Future flooding mitigation actions include educating the public on flood hazards and mitigation actions. Hail Wood River’s local planning team is concerned about property damage, phone service, power outages, injuries, and crop damage related to hail. The most severe hailstorm recorded by the NCEI occurred in June of 2006 when 1.75-inch hail damage property, trees, and crops throughout the area. Property damage from this event totaled $200,000. Wood River has recently improved the severe weather notification systems in Grand Island Council Session - 11/14/2017 Page 453 / 479 Section Seven: City of Wood River Participant Section 116 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 their critical facilities to mitigate some of the risk associated with hail. They also plan to educate the public on the hazards and response to hailstorms. Tornadoes and High Winds Concerns around tornadoes and high winds in Wood River are property damage, communication tower damage, power loss, injuries, and an interruption in natural gas distribution. A high wind event in May of 2012 caused $350,000 in property damage from fallen trees and power poles. This storm tripped the main breakers at the substation, causing power to be lost until noon the next day. The Fire Hall also suffered some damage during this event. An EF0 tornado hit the south side of Wood River in May of 2005. This tornado caused damage to a house, trees, and overturned an empty rail car. City Hall, the Fire Hall, residential home, and wells all have backup generators. Critical municipal records are backed up on an external hard drive. The Fire Hall and City Hall have weather radios. Wood River plans to mitigate the hazards associated with tornadoes and high winds by providing adequate safe rooms to the community, educating the public on tornado and high wind hazards, and implementing a tree inventory and maintenance program. GOVERNANCE A community’s governance indicates the number of boards or offices that may be available to help implement hazard mitigation actions. Wood River is governed by a Mayor and a five member City Council. Furthermore, Wood River has a number of offices or departments that may be involved in implementing hazard mitigation initiatives. • Clerk/Treasurer • Volunteer Fire Department • Police Department • Parks & Recreation • Housing Authority • Economic Development CAPABILITY ASSESSMENT Thus far, the planning process has identified the major hazards for the community, and described and quantified the vulnerability of the community to these risks by acquiring updated information from FEMA, local jurisdictions, and other sources. The following step, referred to as a capability assessment, assesses what loss prevention or preparedness mechanisms are already in place. Combining the risk assessment with the local capability assessment results in a stronger mechanism for understanding a locality’s “net vulnerability,” and to what extent they are able to implement the identified goals, objectives, and actions. A two-step approach was applied to conduct this assessment for each participant. First, an inventory of common mitigation activities was developed through the Capability Assessment Survey completed by the participants’ representatives. Four major local capabilities were examined in this assessment, and they are planning & regulatory capability, administrative & technical capability, fiscal capability, and education & outreach capability. The purpose of this effort was to identify policies and programs that were either in place, needed improvement, or could be undertaken, if deemed appropriate. Second, local existing policies, regulation, plans, and programs were reviewed and evaluated to determine their contributions to reducing hazard- related losses. Grand Island Council Session - 11/14/2017 Page 454 / 479 Section Seven: City of Wood River Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 117 Table WDR.10: Capability Assessment Survey Components/Subcomponents Yes/No Planning & Regulatory Capability Comprehensive Plan Yes Capital Improvements Plan No Economic Development Plan No Emergency Operational Plan Yes Floodplain Management Plan No Storm Water Management Plan No Zoning Ordinance Yes Subdivision Regulation/Ordinance Yes Floodplain Ordinance Yes Building Codes Local Codes National Flood Insurance Program Yes Community Rating System No Other (if any) Administrative & Technical Capability Planning Commission Yes Floodplain Administration Yes GIS Capabilities No Chief Building Official Yes Civil Engineering Yes Local Staff Who Can Assess Community’s Vulnerability to Hazards Yes Grant Manager No Mutual Aid Agreement Yes Other (if any) Fiscal Capability Capital Improvement Plan/1 & 6 Year plan Yes Applied for grants in the past Yes Awarded a grant in the past Yes Authority to Levy Taxes for Specific Purposes such as Mitigation Projects Yes Gas/Electric Service Fees No Storm Water Service Fees No Water/Sewer Service Fees Yes Development Impact Fees No General Obligation Revenue or Special Tax Bonds Yes Other (if any) Education & Outreach Capability Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Ex. CERT Teams, Red Cross, etc. No Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) Yes Natural Disaster or Safety related school programs Yes StormReady Certification No Firewise Communities Certification No Grand Island Council Session - 11/14/2017 Page 455 / 479 Section Seven: City of Wood River Participant Section 118 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Survey Components/Subcomponents Yes/No Tree City USA No Other (if any) Table WDR.11: Overall Jurisdictional Capability Overall Capability Limited/Moderate/High Does the community have the financial resources needed to implement mitigation projects? Limited Does the community have the staff/expertise to implement projects? Limited Is there community support to implement projects? Moderate Does the community staff have time to devote to hazard mitigation? Limited PLAN INTEGRATION The following paragraphs provide a summary of the community plans that were analyzed using guidance from FEMA’s 2014 Plan Integration Guide. The City of Wood River Comprehensive Plan, last updated in 2015, contains some goals and objectives consistent with hazard mitigation. The plan directs development away from the floodplain and from major transportation routes. It also encourages infill development, preservation of open space in hazard-prone areas, and allows for emergency access to all areas of town. With the plan having been updated recently, there is currently no plan to further integrate the HMP into the Comprehensive Plan. The City’s Zoning Ordinance were also recently updated in 2015. The Ordinance discourages development in the floodplain, identifies floodplain areas as parks of open space, and requires at least more than one- foot of elevation above base flood elevation in the floodplain. It also prohibits development within the floodways, encourages maintaining open space within the floodplain, and accounts for current population trends. Wood River has an annex to the Hall County Local Emergency Operations Plan, last updated in 2015. The plan addresses the hazards of greatest concern, identifies scenarios that would require evacuation and critical evacuation routes, locations to be used for mass sheltering, and provides a clear assignment of responsibility during an emergency. MITIGATION STRATEGY Completed Mitigation Actions Ensure Adequate Severe Weather Notifications to Critical Facilities Description For public critical facilities, the City should consider purchasing a weather radio to be used in each facility for the rapid dissemination of a severe weather warning: if the City has noisy manufacturing facilities which may not hear tornado sirens, the City could inform the owners of these facilities of the option that they could purchase a weather radio Hazard(s) Addressed All Hazards Cost $30 per radio Location Good Samaritan, Fire Hall, Churches Funding Local funds Status Completed. Grand Island Council Session - 11/14/2017 Page 456 / 479 Section Seven: City of Wood River Participant Section Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 119 Ongoing and New Mitigation Actions Ensure Adequate Water Supply for Health and Safety Description Work with the Nebraska Department of Health and Human Services to secure revolving loan funding for supplementing Wood River’s water supply with an additional source; determine a method to have citizens from Wood River voluntarily reduce demand for water during times of drought: this may involve instituting a moratorium on unnecessary water usage and implementing a fine/penalty system for those found in violation Hazard(s) Addressed Drought Estimated Cost Unknown Funding Taxes, Service Fees, State Hwy Enterprise Funds Status In progress. Timeline 5+ years Priority Medium Lead Agency Utilities Provide Adequate Public Safe Rooms and Post-Disaster Storm Shelters Description Identify and evaluate existing safe rooms and/or storm shelters; improve and/or construct safe rooms and/or storm shelters; design and construct storm shelters and safe rooms in highly vulnerable areas such as mobile home parks, campgrounds, schools, etc. Hazard(s) Addressed Tornadoes, Severe Thunderstorms, High Winds Estimated Cost $150/sf for retrofit, $300/sf for new construction Funding Property tax fund and service fees Status Early planning stage. Timeline 2-5 years Priority High Lead Agency Fire Department and City Council Reduce Tree Damage and Damage from Trees Description Conduct tree inventory; develop tree maintenance/trimming program; implement tree maintenance/trimming program; remove hazardous limbs and/or trees Hazard(s) Addressed Tornadoes, Severe Winter Storms, Severe Thunderstorms, High Winds, Grass/Wildfire Estimated Cost Unknown Funding Cost-share program with Homeowners Status In progress. Timeline 5+ years Priority Medium Lead Agency Parks and Utilities Emergency Exercise: Hazardous Spill Description Utilize exercise to prepare for potential explosions or hazardous spills; ensure that nearby businesses and residents have appropriate plans in place Hazard(s) Addressed Chemical Transportation Estimated Cost $5,000+ Funding General Fund, EMPG Status Not yet started. Timeline 1 year Priority High Lead Agency Village Board, Emergency Management Grand Island Council Session - 11/14/2017 Page 457 / 479 Section Seven: City of Wood River Participant Section 120 Central Platte NRD Multi-Jurisdictional Hazard Mitigation Plan ♦ August 2017 Community Education and Awareness Description Obtain or develop hazard education materials; conduct multi-faceted public education; distribute fact sheets or maps at community events, public schools, other venues and to public and private communication systems; conduct scheduled siren/warning system tests; prepare educational materials listing safe rooms and shelters and evacuation plans; distribute educational materials listing safe rooms and shelters; purchase equipment such as overhead projectors and laptops to facilitate presentation of information Hazard(s) Addressed All Hazards Estimated Cost Staff Time Funding Staff Time Status In progress. Timeline Ongoing Priority High Lead Agency Emergency Management Removed Mitigation Actions Maintain NFIP Participation Description Continue to regulate development in floodplain areas; additional floodplain mapping/remapping Reason for Removal City will continue to participate in program, however, this is no longer considered a hazard mitigation action. Grand Island Council Session - 11/14/2017 Page 458 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-330 WHEREAS, the Federal Disaster Mitigation Act of 2000 was signed in to law on October 30, 2000, placing new emphasis on state and local mitigation planning for natural hazards and requiring communities to adopt a hazard mitigation action plan to be eligible for pre- disaster and post-disaster federal funding for mitigation purposes; and WHEREAS, a Multi-Jurisdictional Hazard Mitigation Plan was prepared by the Central Platte Natural Resources District, with assistance from JEO Consulting Group, Inc. of Lincoln, NE, which includes City of Grand Island; and WHEREAS, the purpose of the mitigation plan was to lessen the effects of disasters by increasing the disaster resistance of the Natural Resources District and participating jurisdictions located within the planning boundary by identifying the hazards that affect City of Grand Island and prioritize mitigation strategies to reduce potential loss of life and property damage from those hazards, and WHEREAS, FEMA regulations require documentation that the plan has been formally adopted by the governing body of City of Grand Island in the form of a resolution and further requesting approval of the plan at the Federal Level. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the governing body of City of Grand Island does herewith adopt the Central Platte Natural Resources District Multi-Jurisdictional 2017 Hazard Mitigation Plan Update in its entirety. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 459 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item I-1 #2017-331 - Consideration of Approving Amendment to the Redevelopment Plan, Interlocal Agreement, and Redevelopment Contract for CRA Area No. 25 located at the Formerly Used Defense Site in Hall County (Husker Harvest Days) This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Chad Nabity Grand Island Council Session - 11/14/2017 Page 460 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-331 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAND ISLAND AND THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND; APPROVING A REDEVELOPMENT CONTRACT AND REDEVELOPMENT PLAN; AUTHORIZING THE EXECUTION OF A REDEVELOPMENT CONTRACT WITH FARM PROGRESS COMPANIES, INC., THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND AND THE CITY OF GRAND ISLAND; APPROVING THE LOAN OF FUNDS TO FARM PROGRESS COMPANIES INC., EVIDENCED BY A NOTE OR OTHER OBLIGATION, IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 FOR THE PURPOSE OF PAYING THE COSTS OF ACQUIRING, DEMOLISHING, CONSTRUCTING, RECONSTRUCTING, IMPROVING, EXTENDING, REHABILITATING, INSTALLING, EQUIPPING, FURNISHING AND COMPLETING CERTAIN IMPROVEMENTS WITHIN THE AUTHORITY’S FARM PROGRESS COMPANIES, INC., REDEVELOPMENT PROJECT AREA, APPROVING THE FORM AND CERTAIN DETAILS OF THE NOTE; TAKING OTHER ACTIONS AND MAKING OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE FOREGOING; AND RELATED MATTERS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ARTICLE I FINDINGS AND DETERMINATIONS Section 1.1. Findings and Determinations. The Mayor and member of the City Council of Grand Island, Nebraska (the “City”) hereby find and determine as follows: (a)The Community Development Authority of the City of Grand Island, Nebraska (the “Authority”), pursuant to the Plan Resolution (hereinafter defined), approved the Husker Harvest Days Redevelopment Project July 2017 (the “Redevelopment Plan”) under and pursuant to which the Authority shall undertake from time to time to redevelop and rehabilitate the Redevelopment Area (hereinafter defined). (b)The Redevelopment Area lies within Hall County Sanitary Improvement District Number 3 (SID #3), which district was created and approved by the Hall County, Nebraska District Court on July 19, 2017. Grand Island Council Session - 11/14/2017 Page 461 / 479 -2- (c) The Redevelopment Area, was formerly owned by, leased to or otherwise possessed by the United States under the jurisdiction of the United States Secretary of Defense and was part of the Cornhusker Army Ammunition Plant. (d) The City adopted ordinance #9645, on August 22, 2017, expressing the intent of the City to annex the Redevelopment Area when the same shall become eligible for annexation. (e)It is in the best interests of the City that City approve the Redevelopment Plan, the Redevelopment Contract and the Interlocal Agreement by and between the City and Authority dated November ___, 2017, and that the Authority be appointed by the City to implement the Redevelopment Plan. (f)Pursuant to the Redevelopment Plan, the Authority has previously obligated itself and/or will hereafter obligate itself to provide a portion of the financing to acquire, construct, reconstruct, improve, extend, rehabilitate, install, equip, furnish and complete, at the cost and expense of the Redeveloper, a portion of the improvements (as defined in the Redevelopment Contract hereinafter identified) in the Redevelopment Area (the “Project Costs”), including, without limitation) the cost of acquiring, constructing, reconstructing, improving, extending, rehabilitating, installing, and completing the acquisition of the Project Site (as defined in the Redevelopment Contract), (collectively, the “Project”), as more fully described in the Redevelopment Contract (hereinafter defined). (g)The Authority is authorized by the Redevelopment Law (hereinafter defined) to loan funds for the purpose of paying the costs and expenses of the Project. (h)In order to provide funds to pay a portion of the costs of the Project, it is necessary, desirable, advisable, and in the best interest of the City for the Authority to loan funds pursuant to a Forgivable Loan Agreement and Promissory Note in the aggregate a principal amount not to exceed $2,000,000 (the “Note”). ARTICLE II CERTAIN DEFINITIONS; COMPUTATIONS; CERTIFICATES AND OPINIONS; ORDERS AND DIRECTIONS Section 2.1. Definitions of Special Terms. Unless the context clearly indicates some other meaning or may otherwise require, and in addition to those terms defined elsewhere herein, the terms defined in this Section 2.1 shall, for all purposes of this Resolution, any Resolution or other instrument amendatory hereof or supplemental hereto, instrument or document herein or therein mentioned, have the meanings specified herein, with the following definitions to be equally applicable to both the singular and plural forms of any terms defined herein: “Authority” means the Community Redevelopment Authority of the City of Grand Island, Nebraska. Grand Island Council Session - 11/14/2017 Page 462 / 479 -3- City” means the City of Grand Island, Nebraska. “Project Costs” means the redevelopment project costs (as defined in the Redevelopment Contract) in the Redevelopment Area, the costs of which are eligible to be paid from the proceeds of the Note. “Note” means the Forgivable Loan Agreement and Promissory Note of the Farm Progress Companies, Inc., in the aggregate principal amount not to exceed $2,000,000, as set forth herein. “Secretary” means the Secretary of the Authority. “Cumulative Outstanding Principal Amount” means the aggregate principal amount of the Note issued and Outstanding from time to time in accordance with the provisions of this Resolution, as reflected in the records maintained by the Finance Director as provided in this Resolution. “Finance Director” means the Treasurer/Finance Director or Acting Treasurer/Finance Director, as the case may be, of the City. “Improvements” means the improvements to be constructed, reconstructed, acquired, improved, extended, rehabilitated, installed, equipped, furnished and completed in the Project Area in accordance with the Redevelopment Plan, including, but not limited to, the improvements constituting the Project (as defined in the Redevelopment Contract). “Chairman” means the Chairman of the Authority. “Interlocal Agreement” means the Interlocal Cooperation Agreement by and between the City of Grand Island and the Community Redevelopment Authority of the City of Grand Island dated November ___, 2017. “Outstanding” means when used with reference to any Note, as of a particular date, all Notes theretofore authenticated and authorized by this Resolution. “Plan Resolution” means this Resolution of the City, together with any other resolution providing for an adoption of the Redevelopment Plan. “Project Area” means the area identified and referred to as the Project Site in the Redevelopment Contract. “Redeveloper” means the Redeveloper as defined in the Redevelopment Contract responsible for constructing, reconstructing, acquiring, improving, extending, rehabilitating, installing, equipping, furnishing and completing the Project. Grand Island Council Session - 11/14/2017 Page 463 / 479 -4- “Redevelopment Contract” means the City of Grand Island Redevelopment Contract Farm Progress Companies, Inc., Redevelopment Project, dated the date of its execution, between the City, the Authority, and Farm Progress Companies, Inc., relating to the Project. “Redevelopment Area” means the community redevelopment area described, defined or otherwise identified or referred to in the Redevelopment Plan. “Redevelopment Law” means Article VIII, Section 12 of the Constitution of the State and Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended. “Redevelopment Plan” means the “Husker Harvest Days Redevelopment Project July 2017” passed, adopted and approved by the City and shall include any amendment of such Redevelopment Plan heretofore or hereafter made by the City pursuant to law. “Resolution” means this Resolution as from time to time amended or supplemented. “State” means the State of Nebraska. Section 2.2. Definitions of General Terms. Unless the context clearly indicates otherwise or may otherwise require, in this Resolution words importing persons include firms, partnerships, associations, limited liability companies, limited liability companys, corporations (public and private), public bodies and natural persons, and also include executors, administrators, trustees, receivers or other representatives. Unless the context clearly indicates otherwise or may otherwise require, in this Resolution the terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof” and any similar terms refer to this Resolution as a whole and not to any particular section or subdivision thereof. Unless the context clearly indicates otherwise or may otherwise require, in this Resolution: (a) references to Articles, Sections and other subdivisions, whether by number or letter or otherwise, are to the respective or corresponding Articles, Sections or subdivisions of this Resolution as such Articles, Sections, or subdivisions may be amended or supplemented from time to time; and (b) the word “heretofore” means before the time of passage of this Resolution, and the word “hereafter” means after the time of passage of this Resolution. Section 2.3. Computations. Unless the facts shall then be otherwise, all computations required for the purposes of this Resolution shall be made on the assumption that the principal on the Note shall be paid as and when the same become due. Section 2.4. Certificates, Opinions and Reports. Except as otherwise specifically provided in this Resolution, each certificate, opinion or report with respect to compliance with a condition or covenant provided for in this Resolution shall include: (a) a statement that the person making such certificate, opinion or report has read the pertinent provisions of this Resolution to which such covenant or condition relates; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate, opinion or report are based; (c) a statement that, in the opinion of such person, he has made such Grand Island Council Session - 11/14/2017 Page 464 / 479 -5- examination and investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; (d) a statement as to whether or not, in the opinion of such person, such condition or covenant has been complied with; and (e) an identification of any certificates, opinions or reports or other sources or assumptions relied on in such certificate, opinion or report. Section 2.5. Evidence of Action by the City and Authority. Except as otherwise specifically provided in this Resolution, any request, direction, command, order, notice, certificate or other instrument of, by or from the City or the Authority shall be effective and binding upon the Authority, respectively, for the purposes of this Resolution if signed by the Chairman, the Vice Chairman, the Secretary, the Treasurer, the Finance Director, the Planning Director or by any other person or persons authorized to execute the same by statute, or by a resolution of the City or the Authority, respectively. ARTICLE III APPROVALS, AUTHORIZATIONS, AND APPOINTMENT; ISSUANCE OF THE NOTE; GENERAL TERMS AND PROVISIONS Section 3.1. Approvals, Authorizations, and Appointment; Issuance of Note. Pursuant to and in full compliance with the Redevelopment Law and this Resolution, the City hereby approves the Redevelopment Plan, the Redevelopment Contract, and the Interlocal Agreement. City hereby appoints the Authority to do and take such action as necessary and appropriate to implement the Redevelopment Plan and Redevelopment Contract for the purpose of providing funds to pay (a) the cost of acquiring, constructing, reconstructing, improving, extending, rehabilitating, installing, equipping, furnishing, and completing the Project, and (b) the costs of issuing the Note, the Authority shall, pursuant to the terms of the Note advance to the Redeveloper an aggregate principal amount not to exceed $2,000,000. The Note shall be designated as “Forgivable Loan Agreement and Promissory Note,” shall be dated the Date of Original Issue, shall mature, subject to right of prior redemption, not later than the ___________, and shall bear interest at an annual rate of ____0.00%. The Note shall be issued as a single Note as further described in Section 3.2. Section 3.2. Details of Note; Authority of Finance Director. (a)The Note shall be dated the Date of Original Issue and shall be advanced to the borrower in installments. (b)Pursuant to the Note funds may be advanced and disbursed in the manner set forth below: (1)There shall be submitted to the Finance Director a disbursement request in a form acceptable to the Finance Director (the “Disbursement Request”), executed by the City’s Planning Director and an authorized representative of the Redeveloper, (A) certifying that a portion of the Project has been substantially completed and (B) certifying Grand Island Council Session - 11/14/2017 Page 465 / 479 -6- the actual costs incurred by the Redeveloper in the completion of such portion of the Project. (2)The Finance Director advance annually, pursuant to the terms of the Note an amount of one tenth (1/10) of two sevenths (2/7) of the Redevelopment Project Costs, as set forth in the Redevelopment Contract, not to exceed the sum of $200,000 annually and the Finance Director shall evidence such advance in on Schedule 1 of the Note. (3) The aggregate amount endorsed as the Principal amount Advanced on the Note shall not exceed $2,000,000. The Authority shall have no obligation to pay any Disbursement Request unless such request has been properly approved as described above. The records maintained by the Finance Director as to principal amount advanced and principal amounts paid on the Note shall be the official records of the Cumulative Outstanding Principal Amount for all purposes. (c)The Note shall be dated the Date of Original Issue, which shall be the initial date of an advance on the Note. (d)The note shall bear ________ percent interest on the Cumulative Outstanding Principal Amount of the Note from the Date of Original Issue. Section 3.3. Form of Note Generally. The Note shall be in substantially the form set forth in Article IV, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution and with such additional changes as the Finance Director may deem necessary or appropriate. The Note may have endorsed thereon such legends or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. Section 3.7. Ownership of Note. As to any Note, the Authority shall be deemed and regarded as the absolute owner thereof for all purposes. Grand Island Council Session - 11/14/2017 Page 466 / 479 -7- ARTICLE IV FORM OF NOTE Section 4.1. Form of Note. The Note shall be in substantially the following form: FORGIVABLE LOAN AGREEMENT and PROMISSORY NOTE This Loan Agreement and Promissory Note (the “Agreement”), effective this day of November, 2017, is entered into between the following parties: Lender:Community Redevelopment Authority of the City of Grand Island, Nebraska (“Lender”) Hall County Regional Planning Department 100 E 1st Street P.O. Box 1968 Grand Island, NE 68802 Borrower: Farm Progress Companies, Inc. FEIN: WHEREAS, the Borrower has entered into a Redevelopment Contract(the “Redevelopment Contract”) with the Lender and the City of Grand Island, Nebraska, of even date herewith; and WHEREAS, the Borrower has agreed that the funding set forth herein will be used to finance the construction and rehabilitation of the Husker Harvest Days redevelopment area as fully described in the Redevelopment Contract; and WHEREAS, the Lender has authorized an annual Redevelopment Advance of up to $200,000 per year for 10 years or such lesser amount per year that is equal to one tenth (1/10) of two sevenths (2/7) of the redevelopment Project Costs identified in said Redevelopment Contract for the purpose of making a loan to the Borrower under such terms and conditions as may be prescribed by the Lender. Grand Island Council Session - 11/14/2017 Page 467 / 479 -8- NOW THEREFORE, in consideration of the mutual promises, covenants and agreements, the parties agree as follows: 1)Loan Amount and Terms: Subject to the terms and conditions of this Agreement, the Redevelopment Contract and the Deed of Trust described hereafter, the Lender hereby agrees to provide the Borrower with the principal sum of up to $200,000 (or such lesser sum that is equal to one tenth (1/10) of two sevenths (2/7) of the redevelopment Project Costs certified to Lender pursuant to the Redevelopment Contract) per year for a total of ten (10) years, on the dates set forth: Date _______________, 2018 _______________, 2019 _______________, 2020 _______________, 2021 _______________, 2022 _______________, 2023 _______________, 2024 _______________, 2025 _______________, 2026 _______________, 2027 Interest will accrue from the date of each advance at the rate of ___________ percent (____.0%) per annum on the unpaid balance. Such advances shall be recorded on Schedule 1 attached hereto. The principal and all unpaid interest shall be due in full on ___________, 2037. Payments shall be allocated first to the payment of interest with the remainder allocated to principal. Should a default occur under the terms of this Agreement and Promissory Note, the Redevelopment Contract or the Deed of Trust , repayment of all principal and interest will be made immediately upon written demand made by the borrower and placed in the United States Mail to Borrower’s address shown above.. The Borrower shall have the right to prepay any part or all of the unpaid principal and interest balance at any time without penalty. This loan is not transferable. 2)Forgiveness of Debt: Provided that the Borrower is not in default under the terms of this Agreement and Promissory Note, the Redevelopment Contract or the Deed of Trust, the Lender shall forgive one twentieth (1/20) of the principal amount advanced hereunder on each date set forth below: Date: _________________, 2020 _________________, 2021 _________________, 2022 _________________, 2023 _________________, 2024 Grand Island Council Session - 11/14/2017 Page 468 / 479 -9- _________________, 2025 _________________, 2026 _________________, 2027 _________________, 2028 _________________, 2029 _________________, 2030 _________________, 2031 _________________, 2032 _________________, 2033 _________________, 2034 _________________, 2035 _________________, 2036 _________________, 2037 _________________, 2038 _________________, 2039 3) Deed of Trust/Security Agreement: This note shall be secured by a first Deed of Trust which the borrower shall execute and deliver to Lender in a form acceptable to Lender on the date hereof. 4)Force Majeure: In the event that operations at the worksite are impaired or suspended due to uncontrollable forces of nature or other forces outside Borrower’s control, the Borrower will be given a reasonable period of time, as determined in the sole discretion of the Lender, in which to reestablish any lost jobs. The term of this agreement will be extended by the length of this period, and no contractual penalty will be imposed on the company during this period. 5)Release of Deed of Trust/Security Agreement: The Deed of Trust shall be released upon payment in full of the sums advanced hereunder and all interest thereon or upon forgiveness of the debt as set forth herein. 6)Use of Funds: The monies from this loan shall be used by the Borrower to pay for or be reimbursed for the Redevelopment Project Costs set forth in the Redevelopment Contract Lender shall disburse funds to the Borrower upon presentation of written proof that the aforementioned costs have been incurred and paid by the Borrower. 7)Services Provided to Borrower: The Lender is not obligated to provide any services to the Borrower other than those specified in the Agreement. 8)Related Contracts: The Borrower shall provide, upon written request, copies of all contracts entered into by the Borrower for activities covered by the loan monies. 9)Financial Management: Borrower shall keep accounting records in conformance Grand Island Council Session - 11/14/2017 Page 469 / 479 -10- with generally accepted accounting principles, and make such records and all related reports, files, documents and other papers pertaining to the funds provided under this Agreement available for audits, examinations and monitoring if requested by Lender; such records will be retained for a period of three (3) years after termination of the loan period or repayment of the debt in full. The accounting system used by the Borrower shall clearly establish records of budgets and expenditures for the activities funded with the loan monies. 10)Monitoring and Reporting: A random audit, or audits, may be conducted by the Lender, or a designated representative of the Lender, to assure accountability of loan expenditures and examine the status of any improvements, fixtures, machinery and equipment acquired with this loan funding. 11)Waivers: The Borrower hereby waives presentment, demand of payment, protest, and any and all other notices and demands whatsoever. No waiver of any payment or other right under this Agreement shall operate as a waiver of any other payment or right. 12)Default: This Agreement shall be considered in default if: (A)Upon any default or failure to properly perform under any clause in this Agreement, the Redevelopment Contract or Deed of Trust (or the provisions of any security agreement(s) or other documents which secure this Agreement). (i)If the Borrower ceases to operate Husker Harvest Days show during the term of this Agreement, the following repayment is required: a)the entire outstanding principal amount is immediately due and payable, plus b)any interest on any unforgiven principal. (ii)Upon audit, any loan funds shown to have been used for other than the intended purposes shall be repaid with interest to Lender by Borrower. (B)Upon any occurrence under this Agreement, the Redevelopment Contract, Deed of Trust or security agreements by which this loan may or shall become due and payable. (C) Upon the filing of bankruptcy. In the event of continued default following a fifteen (15) day written notice of default, the Lender may, at its option, declare all unpaid indebtedness evidenced by this Agreement, immediately due and payable, without further notice, regardless of date of maturity. The Lender's failure to exercise this option when available at any point in time shall in no way invalidate its right to exercise the option in future default situations. Should it become necessary to collect the monetary obligations of this Agreement through an attorney, the Borrower agrees to pay all costs of collecting these monies, including reasonable attorneys' fees to the extent permitted by law, whether collected by suit, foreclosure, or otherwise. 13)Indemnification: The Borrower shall indemnify, defend, and hold harmless the Lender and its respective officers and employees from any liabilities, claims, suits, judgments, and damages arising as a result of the performance of the obligations under this Agreement by the Borrower or any party in a relationship with the Borrower which is a Grand Island Council Session - 11/14/2017 Page 470 / 479 -11- result of this Agreement. The liability of the Borrower under this Agreement shall continue after the termination of the Agreement with respect to any liabilities, claims, suits, judgments and damages resulting from acts occurring prior to the termination of this Agreement. 14)Amendments: Changes to this Agreement will not be effective or binding unless in writing and signed by both parties to the Agreement. 15)Compliance with the Law: The Borrower agrees to operate Husker Harvest Days in the Redevelopment Project Area in full compliance with applicable federal, state and local laws without limitation. 16)Authorization to Contract: Before or at the time of execution of the Agreement, the Borrower must be able to provide evidence that it is duly incorporated, in good standing in the state of its incorporation, authorized to do business in the State of Nebraska, and authorized to borrow money; and evidence shall be provided that the person executing the Agreement and any supporting documents is authorized to act on behalf of the Borrower in such a transaction. 17)Termination of Agreement: Lender may terminate the loan, in whole or in part, if the Borrower has failed to comply with the conditions of the Agreement and such failure has resulted in a “default” as set forth in Section 12 of this Agreement. The Borrower will receive written notice and the reasons for termination. 18)Divisibility: The invalidity of any one or more phrases, sentences, clauses, or section contained in this Agreement shall not affect the remaining portions of this Agreement, or any part thereof. Further, various headings included in this Agreement exist purely as an aid to locate particular wording, and do not in and of themselves in any way affect the substance of this Agreement. 19)Complete Document: The parties agree this Agreement is a complete document in which all obligations have been reduced to writing, and there are no understandings, agreements, conventions or covenants not included herein. 20)Assignment: The parties further agree that this Agreement may not be assigned by the Borrower without prior written approval by the Lender other than to an affiliate or in connection with a sale of all or substantially all of the assets of the Borrower (by merger, reorganization or otherwise). 21)Binding Effect: The provisions of this Agreement shall both bind and benefit the Borrower's successors, assigns, guarantors, endorsers, and any other person or entity now or hereafter liable hereon. 22)Notices. Notifications required pursuant to this contract shall be made in writing and mailed to the addresses shown below. Such notification shall be deemed complete upon Grand Island Council Session - 11/14/2017 Page 471 / 479 -12- mailing. Borrower: Lender: Community Redevelopment Authority of the City of Grand Island, Nebraska (“Lender”) Hall County Regional Planning Department 100 E 1st Street P.O. Box 1968 Grand Island, NE 68802 IN WITNESS WHEREOF, the parties have signed their names below. LENDER:BORROWER: _________________________________________________ CHAIRMAN PRESIDENT Grand Island Council Session - 11/14/2017 Page 472 / 479 -13- SCHEDULE 1 TABLE OF CUMULATIVE OUTSTANDING PRINCIPAL AMOUNT Date Principal Amount Advanced Principal Amount Redeemed Cumulative Outstanding Principal Amount Notation Made By ARTICLE V MISCELLANEOUS Section 5.1. General and Specific Authorizations; Ratification of Prior Actions. Without in any way limiting the power, authority or discretion elsewhere herein granted or delegated, the City hereby (a) authorizes and directs the Authority, Finance Director, Planning Director and all other officers, officials, employees and agents of the City and Authority to carry out or cause to be carried out, and to perform such obligations of the City and such other actions as they, or any of them, in consultation with Special Counsel, shall consider necessary, advisable, desirable or appropriate in connection with this Resolution, including without limitation the execution and delivery of all related documents, instruments, certifications and opinions, and (b) delegates, authorizes and directs the Finance Director the right, power and authority to exercise his or her independent judgment and absolute discretion in (1) determining and finalizing all terms and provisions to be carried by the Note not specifically set forth in this Resolution and (2) the taking Grand Island Council Session - 11/14/2017 Page 473 / 479 -14- of all actions and the making of all arrangements necessary, proper, appropriate, advisable or desirable in order to effectuate the funding of the Note. The execution and delivery by the Finance Director or by any such other officers, officials, employees or agents of the City of any such documents, instruments, certifications and opinions, or the doing by them of any act in connection with any of the matters which are the subject of this Resolution, shall constitute conclusive evidence of both the Authority’s and their approval of the terms, provisions and contents thereof and of all changes, modifications, amendments, revisions and alterations made therein and shall conclusively establish their absolute, unconditional and irrevocable authority with respect thereto from the Authority and the authorization, approval and ratification by the Authority of the documents, instruments, certifications and opinions so executed and the actions so taken. All actions heretofore taken by the Finance Director and all other officers, officials, employees and agents of the Authority, including without limitation the expenditure of funds and the selection, appointment and employment of Special Counsel and financial advisors and agents, in connection with issuance and sale of the Note, together with all other actions taken in connection with any of the matters which are the subject hereof, be and the same is hereby in all respects authorized, adopted, specified, accepted, ratified, approved and confirmed. Section 5.2 Benefits of Resolution Limited to the Authority. With the exception of rights or benefits herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or should be construed to confer upon or give to any person other than the Authority any legal or equitable right, remedy or claim under or by reason of or in respect to this Resolution or any covenant, condition, stipulation, promise, agreement or provision herein contained. The Resolution and all of the covenants, conditions, stipulations, promises, agreements and provisions hereof are intended to be and shall be for and inure to the sole and exclusive benefit of the City and the Authority. Section 5.3. No Personal Liability. No officer or employee of the Authority shall be individually or personally liable for the funding of the principal of the Note. Nothing herein contained shall, however, relieve any such officer or employee from the performance of any duty provided or required by law. Section 5.4 Partial Invalidity. If any one or more of the covenants or agreements or portions thereof provided in this Resolution on the part of the City, the Authority or the Registrar to be performed should be determined by a court of competent jurisdiction to be contrary to law, then such covenant or covenants, or such agreement or agreements, or such portions thereof, shall be deemed severable from the remaining covenants and agreements or portions thereof provided in this Resolution and the invalidity thereof shall in no way affect the validity of the other provisions of this Resolution or of the Note, but the Owner of the Note shall retain all the rights and benefits accorded to them hereunder and under any applicable provisions of law. If any provisions of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable or invalid as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable or invalid in any other case or Grand Island Council Session - 11/14/2017 Page 474 / 479 -15- circumstance, or of rendering any other provision or provisions herein contained inoperative or unenforceable or invalid to any extent whatever. Section 5.5. Law and Place of Enforcement of this Resolution. The Resolution shall be construed and interpreted in accordance with the laws of the State. All suits and actions arising out of this Resolution shall be instituted in a court of competent jurisdiction in the State except to the extent necessary for enforcement, by any trustee or receiver appointed by or pursuant to the provisions of this Resolution, or remedies under this Resolution. Section 5.6. Effect of Article and Section Headings and Table of Contents. The headings or titles of the several Articles and Sections hereof, and any table of contents appended hereto or to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of this Resolution. Section 5.7. Repeal of Inconsistent Resolution. Any Resolution of the City and any part of any resolution, inconsistent with this Resolution is hereby repealed to the extent of such inconsistency. Section 5.8. Publication and Effectiveness of this Resolution. This Resolution shall take effect and be in full force from and after its passage by the Community Redevelopment Authority of the City. Section 5.9 Authority to Execute Redevelopment Contract and Interlocal Agreement, and Approve Plan. The Mayor is authorized and directed to execute the Redevelopment Contract and the Interlocal Agreement in the forms presented with such changes as the Mayor, in his discretion deems proper. The Redevelopment Plan is approved and adopted. PASSED AND ADOPTED: November 14, 2017. THE CITY OF GRAND ISLAND, NEBRASKA (SEAL)By: Mayor ATTEST: By: City Clerk Grand Island Council Session - 11/14/2017 Page 475 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item I-2 #2017-332 - Consideration of Lease Agreement with Option to Purchase from Meadows Apartment Homes, LLC for Property Located at the Southwest Corner of North Road and 13th Street This item relates to the aforementioned Public Hearing item E-11. Staff Contact: Jerry Janulewicz Grand Island Council Session - 11/14/2017 Page 476 / 479 Approved as to Form ¤ ___________ November 9, 2017 ¤ City Attorney R E S O L U T I O N 2017-332 WHEREAS, the City of Grand Island (“City”) desires to acquire land for the location of a 911-Emergency Center and potential relocation of City’s Fire Station No. 4; and WHEREAS, contingent upon approval by the City’s Council, City administration negotiated the terms of a ground lease with option to purchase (the “Agreement”) for the lease and purchase of real estate of The Meadows Apartment Homes, L.L.C. (“Meadows”), said land located at the Southwest Corner of North Road and 13th Street and described as follows: A TRACT OF LAND COMPRISING A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER (N1/2 NE1/4) OF SECTION FOURTEEN (14), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER (N1/2 NE1/4); THENCE ON AN ASSUMED BEARING OF S01°24'11"E, SOUTH ALONG THE EAST LINE OF SAID N1/2 NE1/4, A DISTANCE OF 492.04 FEET, TO THE NORTHEAST CORNER OF LOT 2, HANOVER SECOND SUBDIVISION; THENCE S88°36'51"W, WEST ALONG THE NORTH LINE OF HANOVER SECOND SUBDIVISION, A DISTANCE OF 330.07 FEET, TO THE NORTHWEST CORNER OF LOT 2, HANOVER SECOND SUBDIVISION; THENCE N01°23'27"W A DISTANCE OF 496.86 FEET TO A POINT ON THE NORTH LINE OF SAID N1/2 NE1/4; THENCE N89°27'02"E, EAST ALONG THE NORTH LINE OF SAID N1/2 NE1/4, A DISTANCE OF 330.00 FEET, TO THE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 163,176.08 SQUARE FEET OR 3.746 ACRES MORE OR LESS OF WHICH 0.598 ACRES ARE COUNTY ROAD RIGHT-OF-WAY, (the “Land”); and WHEREAS, the Land is not currently available for sale until June 12, 2018 due to its acquisition by Meadows in an IRS Sec. 1031 exchange; and WHEREAS, the terms of the Agreement provides for the Land to be leased to the City commencing forthwith and terminating on June 30, 2018 for and in consideration of rent of $1.00, and provides City with an option to purchase the Land by exercising an option to purchase prior to June 30, 2018 for a purchase price of ONE HUNDRED THREE THOUSAND FIFTEEN AND NO/100 DOLLARS ($103,015.00); and WHEREAS, the Agreement further provides City with an option to purchase an additional 4.963 acre tract (the “Additional Land”); and Grand Island Council Session - 11/14/2017 Page 477 / 479 - 2 - WHEREAS, as required by statute, an appraisal of the Land and the Additional Land has been performed by a certified real property appraiser retained by the City; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, hereby finds as follows: 1. The location of the Land will provide a new 911-Emergency Center with favorable separation from potential hazards existing at the present 911-Emergency Center location and separation from City Hall, where the secondary 911-Emergency Center will be located; 2.The Land is situated and located in an area that will provide western areas of the City with favorable fire department response times from a new Fire Station No. 4 and will accommodate anticipated patterns of City growth and development; 3.The Agreement provides the City with the necessary legal rights and opportunity to evaluate the conditions of the Land and to commence planning, development, and initial construction activities for a 911-Emergency Center; 4.The Agreement is in the best interests of the City and should be and is hereby approved; 5.The City’s Mayor should be and is hereby authorized and directed to execute the Agreement in the name of and on behalf of the City; 6.The City’s Mayor should be and is hereby authorized to give notice to Meadows of City’s exercise of the option to purchase the Land; and 7.The option to purchase the Additional Land shall not be exercised pending further Council consideration and action. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/14/2017 Page 478 / 479 City of Grand Island Tuesday, November 14, 2017 Council Session Item J-1 Approving Payment of Claims for the Period of October 25, 2017 through November 14, 2017 The Claims for the period of October 25, 2017 through November 14, 2017 for a total amount of $4,455,745.72. A MOTION is in order. Staff Contact: Renae Jimenez Grand Island Council Session - 11/14/2017 Page 479 / 479