11-12-2013 City Council Regular Meeting Packet
City of Grand Island
Tuesday, November 12, 2013
Council Session Packet
City Council:
Linna Dee Donaldson
John Gericke
Peg Gilbert
Chuck Haase
Julie Hehnke
Vaughn Minton
Mitchell Nickerson
Bob Niemann
Mike Paulick
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
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City of Grand Island Tuesday, November 12, 2013
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 Tim Kilstrom, Spirit of Life Church, 2304 Macron Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
Grand Island Council Session - 11/12/2013 Page 2 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item C-1
Proclamation “National Adoption Month” November, 2013
There are an estimated 399,546 children in the United States in the foster care system and more than
100,000 waiting for adoptive homes, some of whom live in Grand Island. By December 2013, twelve
children in Grand Island, Hall County who are in foster care will finalize adoption. Mayor Vavricek has
proclaimed the month of November, 2013 as "National Adoption Month" and would encourage citizens
to help secure permanent, loving homes for each and every child in Grand Island, See attached
PROCLAMATION.
Staff Contact: Mayor Jay Vavricek
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item C-2
Proclamation “Hall County Korean War Veterans Appreciation
Month” November, 2013
The Korean War, often referred to as the "Forgotten War", took place from June 25, 1950 to July 27,
1953 making this the 60th Anniversary since the agreement to ceasefire. The City of Grand Island and
Hall County lost four of our service members from this war and there is still one missing in action. In
recognition and appreciation to those who served, the Mayor has proclaimed the month of November,
2013 as "Hall County Korean War Veterans Appreciation Month". See attached PROCLAMATION.
Staff Contact: Mayor Jay Vavricek
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item C-3
Recognition of Third City Community Clinic Jennifer Alberts,
M.D. and Susan Corey, M.D. 2013 Physician Volunteers of the
Year and Melissa Schuldt, D.D.S. 2013 Dentist Volunteer of the
Year
The Mayor and City Council will recognize the outstanding volunteer work of Jennifer Alberts, M.D.
and Susan Cory, M.D. 2013 Physician Volunteers of the Year and Melissa Schuldt, D.D.S. 2013 Dentist
Volunteer of the Year for the Third City Community Clinic.
Staff Contact: Mayor Jay Vavricek
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item D-1
#2013-BE-10 - Consideration of Determining Benefits and Levy
Special Assessments for Sidewalk Repairs at 1141 Pleasant View
Drive
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 13 / 355
Council Agenda Memo
From:Terry Brown PE, Manager of Engineering Services
Meeting:November 12, 2013
Subject:Consideration of Determining Benefits and Levy Special
Assessments for Sidewalk Repairs at 1141 Pleasant View
Drive
Item #’s:D-1 & F-1
Presenter(s):John Collins PE, Public Works Director
Background
The Certificate of Final Completion for sidewalk repairs at 1141 Pleasant View Drive
was approved by the council on October 8, 2013, with November 12, 2013 set as the date
for Council to sit as the Board of Equalization. Through informal bids Reimers
Construction of Grand Island, Nebraska was hired to make the necessary repairs at such
location. Work was completed at a construction price of $500.00. Total cost of the
repairs, including engineering services of $50.00, was $550.00. All work has been
completed and special assessments have been calculated for the repairs.
Discussion
The costs for this project will be assessed to the adjacent property. The payments are
spread over seven (7) years at 7% simple interest. The first payment of principle only at
1/7th of the assessment is due 25 days after the Board of Equalization. The City has had
multiple correspondences with the property owner and sent a reminder letter advising
them that the BOE is scheduled for November 12, 2013 and the first payment will be due
shortly after.
The attached spreadsheet shows the property assessment.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 11/12/2013 Page 14 / 355
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
Public Works Administration recommends that the Council meet as the Board of
Equalization to determine benefits and pass an ordinance to levy Special Assessments to
individual properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution establishing benefits for sidewalk repairs at 1141 Pleasant
View Drive.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for sidewalk repairs at 1141
Pleasant View Drive.
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Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-BE-10
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for sidewalk repairs at 1141
Pleasant View Drive, after due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district to be the total sum of
$550.00; and
Such benefits are based on length of sidewalk installed at the adjacent property;
and
According to the actual frontage of sidewalk installed adjacent to the respective
lots, tracts, and real estate within such sidewalk repair area, such benefits are the sums set
opposite the several descriptions as follows:
Name Description Assessment
Julie Nickerson Lot 3, Block 2, Pleasant View Twelfth Subdivision $550.00
City of Grand Island, Hall County, Nebraska
TOTAL $550.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 22 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item E-1
Public Hearing on Request from Jose Guerrero dba Mariscos
Villarreal, 811 West 2nd Street for a Class “A” Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/12/2013 Page 23 / 355
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 12, 2013
Subject:Public Hearing on Request from Jose Guerrero dba
Mariscos Villarreal, 811 West 2nd Street for a Class “A”
Liquor License
Item #’s:E-1 & I-1
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
Jose Guerrero dba Mariscos Villarreal, 811 West 2nd Street has submitted an application
for a Class “A” Liquor License. A Class “A” Liquor License allows for the sale of beer
on sale only 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.
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Based upon the Police Department report (see attached) the applicant failed to disclose
that he borrowed money from Eduardo Villarreal which makes this a false application
under the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). It has been
recommended by the Police Department to deny the request for a liquor license.
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 deny this application.
Sample Motion
Move to deny the application for Jose Guerrero dba Mariscos Villarreal, 811 West 2nd
Street for a Class “A” Liquor based upon a false application.
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10/29/13 Grand Island Police Department 450
14:58 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 15:50:00 10/17/2013
Occurred before : 08:00:00 10/21/2013
When reported : 12:34:12 10/21/2013
Date disposition declared : 10/21/2013
Incident number : L13102689
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 811 2nd St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae/Dan
Geobase address ID : 41439
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 108604 10/29/13 Catalan, Imelda Involved
NM 188132 10/29/13 Villarreal-Munoz, Eduardo Employee
NM 188133 10/29/13 Mariscos Villarreal, Business
NM 57479 10/22/13 Guerrero, Jose
Applicant/Owner
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
Jose Guerrero is Seeking a Liquor License for a Mexican Seafood
Restaurant
called "Mariscos Villarreal."
LAW INCIDENT OFFENSES DETAIL:
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Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 14:21:43 10/22/2013
Grand Island Police Department
Supplemental Report
Date, Time: Tue Oct 22 14:21:52 CDT 2013
Reporting Officer: Vitera
Unit- CID
Jose Guerrero is applying for a Class A (beer on sale only) Individual
Retail liquor license for a business called "Mariscos Villarreal" Mexican
seafood restaurant. Rafael Orozco owns the building and had been leasing
it to Adolfo Flores who was running Rafa's Tacos.
While perusing the application, I noticed that Jose became a citizen of
the United States in 2001, and he reported on the application that he has
lived in Grand Island since 1999. He is not married, and he is the only
person listed on the application. He disclosed that he has absolutely no
criminal history, and he is borrowing money from the Rural Enterprise
Assistance Project (REAP). The projected hours of operation for the
restaurant are Monday through Thursday 10 Am until 8 PM and Friday
through Sunday 10 AM until 10 PM.
I checked Jose through Spillman and NCJIS. He is in Spillman and NCJIS
but not for anything where he could be held criminally accountable. He
doesn't have any outstanding arrest warrants, and his license is valid. I
sent a confirmation request to ICE to see if Jose's naturalization
paperwork is legitimate, and I was informed that it is. I also checked
Jose through an online law enforcement-only database and didn't find
anything out of the ordinary. Jose's name is too common to narrow down
information on the Internet.
I called Jose on 10/23/13 at about 1030 hours and left him a voicemail
asking him to call me. After not receiving a return call, I called Jose
again on 10/25/13. Jose agreed to meet me at his restaurant at 1230
hours. Investigator Fiala with NSP was also present for the interview. I
told Jose that his application looked good. However, I wanted to clarify
a couple of things. The first thing I asked Jose is why he just applied
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for a license to sell beer. Jose said he wants a family atmosphere and
didn't need anymore alcohol than that. Jose also mentioned that he is
working full time at JBS and will continue to do so. I asked Jose the
meaning of the name of his restaurant. Jose said that "Mariscos" means
seafood in Spanish. Villarreal is the name of a family member.
I had noticed that Jose was originally going to have Eduardo Villarreal
have access to the business account and then changed his mind. I asked
Jose the connection between the name of his restaurant and Eduardo
Villarreal. Jose said that Eduardo is his nephew and will be working for
him. Eduardo has experience in the restaurant business. Jose also
explained that Eduardo has a connection to Puerto Vallarta. I believe it
has something to do with the restaurant business. Puerto Vallarta comes
into play later after I spoke to Eduardo and did some research on him.
Jose went on to say that Eduardo lent him $10,000 and will receive twenty
percent of the business profits. I pointed out to Jose that there are two
questions on the application that deal with identifying people who he
received money from to establish and/or operate the business along with
disclosing who all will share the profits from the business. Jose only
listed that he borrowed money from the Rural Enterprise Assistance
Project (REAP). He stated on the application that no one else will share
in the business profits. Jose didn't have an explanation as to why the
application was filled out incorrectly by omitting key pieces of
information other than to say that he had help filling out the
application.
Jose advised that a woman by the name of Imelda Catalan who works for
REAP helped him fill out the application. Jose gave me Imelda's phone
number, and I would speak with her later. In the meantime, I asked to
speak to Eduardo. Eduardo was working at Jose's restaurant, so it just
took a couple of minutes to find him and have him meet with Investigator
Fiala and me.
Eduardo spoke very little English. Jose had to help translate. I asked
Eduardo for identification. He provided me with a Mexican Consular card.
I asked him if I could look through his wallet for other forms of
identification and was granted consent. Eduardo didn't have a driver's
license or state I.D. card from any state. He had no other forms of
identification in his wallet other than a Mexican driver's license.
Eduardo advised that he has been in the U.S. for twelve years. He spent
six years in the San Jose, CA area and six years in Chicago. Eduardo said
he worked in a couple of body shops in San Jose and a Mexican seafood
restaurant (was wearing that work shirt) in Chicago. Eduardo said that he
does not have a Social Security number. He claimed to have some kind of
tax identification number that he didn't have with him. Eduardo didn't
deny that he had contributed $10,000 towards Jose's business and that he
was supposed to receive twenty percent of the profits.
After speaking with Jose and Eduardo, Investigator Fiala and I went to
Imelda's house and spoke to her about helping Jose fill out the
application. Imelda said that she met with Jose several times at a law
office on 4th Street. She recalls being introduced to Eduardo at one of
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the last meetings. Imelda acknowledged that she helped Jose fill out the
application. They filled it out together. At the time they filled it out,
they had determined that Jose would need about $30,000 to get the
restaurant going. Imelda said that REAP could only give him $15,000.
Imelda knew that Jose needed to borrow more money, but she didn't know
where he was planning on getting it.
After speaking with Imelda, I contacted Agent Ben Miller with ICE. I gave
him the information I had on Eduardo. Agent Miller couldn't positively
identify Eduardo but did find someone using that name who took a flight
from Chicago to Puerto Vallarta Mexico in 2008. Agent Miller could find
no documentation of that person reentering the U.S. With Eduardo moving
here from Chicago and having a connection to Puerto Vallarta, I think
Agent Miller had the correct information. According to Agent Miller, he
is fairly confident that Eduardo is not in the U.S. legally.
Jose's failure to disclose that he is borrowing money from Eduardo and
sharing the business profits with Eduardo makes the applications false
according to the Nebraska Liquor Control Act (Part II Chapter 2 Section
010.01) which states:
"No applicant for a liquor license, or partner, principal, agent or
employee of any applicant for a liquor license shall provide false or
misleading information to the Nebraska Liquor Control Commission, its
executive director, or employees. Any violation of this provision may
result in denial of application for a liquor license or, in the event
that a license has already been issued, suspension, cancellation or
revocation of such license."
All in all, Eduardo Villarreal is a big part of this business. His last
name is the business name. He worked in a Mexican seafood restaurant
prior to moving to Grand Island. He contributed $10,000 towards the
establishment and operation of the business, and he is supposed to
receive 20% of the profits. With Jose continuing to work full time at
JBS, it adds to the fact that Eduardo is a major part of the business.
This is a false application and should be denied because Jose failed to
mention Eduardo's involvement. In addition, from my investigation and the
information received from ICE, it doesn't appear that Eduardo could get
his own liquor license based on his immigration status. The Grand Island
Police Department recommends that the city council not give local
approval to this application.
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Liquor Application811 West 2nd StJose Guerrerodba Mariscos Villarreal
Legend Liquor License Locations811 W 2nd St.1500' Radius
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item E-2
Public Hearing on Acquisition of Utility Easement Located East of
North Road and South of Westgate Road (NEBCO, Inc.).
Staff Contact: Tim Luchsinger
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Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:November 12, 2013
Subject:Acquisition of Utility Easement – East of North Road,
and South of Westgate Road - NEBCO, Inc.
Item #’s:E-2 & G-4
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 an easement relative to the property
of NEBCO, Inc., located just to the east of North Road, and south of Westgate Road, in
the City of Grand Island, Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will provide the location to place underground conduit, cable, and a pad-
mounted transformer to provide new electric service to a building on North Road.
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.
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item E-3
Public Hearing on Acquisition of Utility Easement Located West of
Webb Road and North of Stolley Park Road (Judy D. Hansen &
Julie D. Johnson).
Staff Contact: Tim Luchsinger
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Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:November 12, 2013
Subject:Acquisition of Utility Easement – 3354 Stolley Park
Road – Judy Hansen and Julie Johnson
Item #’s:E-3 & G-5
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 an easement relative to the property
of Judy Hansen and Julie Johnson, located at 3354 Stolley Park Road, in the City of
Grand Island, Hall County, in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to place underground conduit, high voltage cable, and a pad-
mounted transformer to replace the overhead electric lines to Hansen International
Trucks.
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.
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item E-4
Public Hearing on Declaration of a Site Known as Redevelopment
Area 14 Located on the East Side of North Webb Road between
13th Street and Faidley Avenue
Staff Contact: Chad Nabity
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1
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 12, 2013
Subject:Scott Rief (Proposed CRA Area No. 14)
(C-26-2013GI)
Item #’s:E-4 & I-4
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Scott Rief commissioned a Blight and Substandard Study for Proposed Redevelopment
Area No. 14 to be prepared by Marvin Planning Consultants of David City, Nebraska.
The study area includes approximately 6.82 acres referred to as CRA Area No. 14. The
study focused on property bounded by the 13th Street on the north, Faidley Avenue to the
south and Webb Road on the west in northwest Grand Island. (See the attached map) On
August 27, 2013, Council referred the attached study to the Planning Commission for its
review and recommendation.
The decision on whether to declare an area substandard and blighted is entirely within the
jurisdiction of the City Council with a recommendation from the Planning Commission.
Discussion
The Statutory authority and direction to the Planning Commission is referenced below to
explain the Planning Commission purpose in reviewing the study:
Section 18-2109
Redevelopment plan; preparation; requirements.
An authority shall not prepare a redevelopment plan for a redevelopment project
area unless the governing body of the city in which such area is located has, by
resolution adopted after a public hearing with notice provided as specified in
section 18-2115, declared such area to be a substandard and blighted area in need
of redevelopment. The governing body of the city shall submit the question of
whether an area is substandard and blighted to the planning commission or board
of the city for its review and recommendation prior to making its declaration. The
planning commission or board shall submit its written recommendations within
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2
thirty days after receipt of the request. Upon receipt of the recommendations or
after thirty days if no recommendation is received, the governing body may make
its declaration.
~Reissue Revised Statutes of Nebraska
A flow chart of the blight declaration process is shown in Figure 2.
At this time, the Planning Commission and Council are only concerned with determining
if the property is blighted and substandard. Figure 3 is an overview of the differences
between the blight and substandard declaration and the redevelopment plan. If a
declaration as blighted and substandard is made by Council then the Community
Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The
redevelopment plans must also be reviewed by the Planning Commission and approved
by Council prior to final approval.
Figure 1 Redevelopment Area 14 includes all properties within the hatched area.
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3
Study
Commissioned by
CRA
Study Commissioned
by Other Agency
Study Presented to
CRA
Study Presented to
Council
May Be Forwarded
to RPC
Study Sent to
RPC for Review
and
Recommendation
Council Chooses not
to Forward Study to
RPC
No Declaration Made
RPC Reviews
Study and Makes
Recommendation
within 30 Days
Council
Considers
Substandard
and Blighted
Declaration
Council Chooses not to
Make Substandard and
Blighted Declaration. No
Redevelopment Plans May
be Considered
Council Declares Area
Substandard and Blighted.
Redevelopment Plans
May be Considered by
the CRA
Process for Declaring an area of the City
Substandard and Blighted
Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple
box).
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4
Substandard and
Blighted Declaration vs.
Redevelopment Plan
Substandard and
Blighted Declaration
A Study of the
Existing Conditions of
the Property in
Question
Does the property
meet one or more
Statutory Conditions
of Blight?
Does the Property
meet one or more
Statutory Conditions
of Substandard
Property?
Is the declaration in
the best interest of
the City?
Redevelopment
Plan
What kinds of
activities and
improvements are
necessary to alleviate
the conditions that
make the property
blighted and
substandard?
How should those
activities and
improvements be
paid for?
Will those activities
and improvements
further the
implementation of the
general plan for the
City?
Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan
Grand Island Council Session - 11/12/2013 Page 41 / 355
5
OVERVIEW Continued
It is appropriate for the Council in conducting its review and considering its decision
regarding the substandard and blighted designation to:
1.review the study,
2.take testimony from interested parties,
3.review the recommendation and finding of fact identified by the Planning
Commission
4.make findings of fact, and
5.include those findings of fact as part of its motion to approve or deny the request
to declare this area blighted and substandard.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of the
Community Redevelopment Statutes. Those terms as defined by Statute are included
below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise
requires:
(10) Substandard areas shall mean an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which,
by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the public
health, safety, morals, or welfare;
(11) Blighted area shall mean an area, which (a) by reason of the presence of a
substantial number of deteriorated or deteriorating structures, existence of defective
or inadequate street layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or
other improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors, substantially
impairs or arrests the sound growth of the community, retards the provision of
housing accommodations, or constitutes an economic or social liability and is
detrimental to the public health, safety, morals, or welfare in its present condition and
use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
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6
state or national average; (ii) the average age of the residential or commercial units in
the area is at least forty years; (iii) more than half of the plotted and subdivided
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the area
is lower than the average per capita income of the city or village in which the area is
designated; or (v) the area has had either stable or decreasing population based on the
last two decennial censuses. In no event shall a city of the metropolitan, primary, or
first class designate more than thirty-five percent of the city as blighted, a city of the
second class shall not designate an area larger than fifty percent of the city as
blighted, and a village shall not designate an area larger than one hundred percent of
the village as blighted;
~Reissue Revised Statutes of Nebraska
ANALYSIS
The following findings are copied directly from the Study. The analysis of the
substandard and blighted factors is conducted on pages 6 to 12 of the study.
FINDINGS FOR GRAND ISLAND
Study Area #14 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
BlightingBlighting SummarySummary
These conditions are contributing to the blighted conditions of the study area.
Deterioration of site or other improvements
o 90.2% of sidewalk either in a deteriorated state or missing from properties in the
area.
Dangerous conditions to life or property due to fire or other causes
o The amount of clutter/junk present as well as the amount of damaged shrubs and
trees provides dangerous conditions.
Average age of structures is over 40 years of age
o Within the Study Area 75.00% of the structures meet the criteria of 40 years of
age or older.
Improper Subdivision or obsolete platting
Combination of factors which are impairing and/or arresting sound growth
o Proximity to N. Webb Road and the traffic speeds makes these properties difficult
to redevelop individually
o The fact that these lots lie within a truncated/correction section that is
approximately 100 feet wide instead of the usual one-mile section.
o Proximity of residential development to the east.
o The lack of traffic access and connectivity to the area east of the study area.
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7
o The inadequate depth of the lots in the study area and the inability for creating
larger lots.
o The inability to create a frontage road along N. Webb Road creates future impacts
on ingress and egress from the study area.
Diversity of Ownership
o Within the Study Area eight properties are owned by six different property
owners.
Stable or decreasing population based on the last two decennial censuses
o This area as it has been evolving from a more rural residential land use to more of
a commercial or commercial/office land use home have been removed and
populations have been declining.
The other criteria for Blight were not present in the area, these included:
Substantial number of deteriorated or deteriorating structure
Defective/Inadequate street layouts,
Faulty lot layout,
Unsanitary/Unsafe conditions
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Unemployment in the designated area is at least 120% of the state or national
average.
One-half of unimproved property is over 40 years old.
The per capita income of the area is lower than the average per capita income of the
city or village in which the area is designated.
The area has had either stable or decreasing population based on the last two
decennial censuses.
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
SubstandardSubstandard SummarySummary
Nebraska State Statute requires that “…an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which, by
reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied
through construction of prisons), and is detrimental to the public health, safety, morals,
or welfare;”
This Study Area in Grand Island meets the defintion with the average age of the
structures being more than 40 years of age.
FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #14#14
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8
Blight Study Area #14 has several items contributing to the Blight and Substandard
Conditions. These conditions include:
Blighted Conditions
Deterioration of site or other improvements
Dangerous conditions to life or property due to fire or other causes
Average age of structures is over 40 years of age
Improper Subdivision or obsolete platting
Combination of factors which are impairing and/or arresting sound growth
Diversity of Ownership
Stable or decreasing population based on the last two decennial censuses
Substandard Conditions
Average age of the structures in the area is at least forty years
Based on the study these areas meet the thresholds to qualify as blighted and
substandard.
All of this property is located inside the Grand Island City Limits. Tax increment
financing would potentially be available for redevelopment projects on any of the
property included in the study.
RECOMMENDATION:
Planning Commission and staff recommend considering the following questions as a
starting point in the analysis of this Study and in making a determination. The City
Council is ultimately responsible for answering the question of whether the property
included in the study is blighted and substandard and whether making such a designation
is in the best interest of the City.
Recommend Questions for Planning Commission and City Council
Does this property meet the statutory requirements to be considered blighted and
substandard? (See the prior statutory references.)
Are the blighted and substandard factors distributed throughout the
Redevelopment Area, so basically good areas are not arbitrarily found to be
substandard and blighted simply because of proximity to areas which are
substandard and blighted?
Is public intervention appropriate and/or necessary for the redevelopment of the
area?
Findings of fact must be based on the study and testimony presented including all
written material and staff reports. The recommendation must be based on the
declaration, not based on any proposed uses of the site. All of the testimony, a copy
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9
of the study and this memo along with any other information presented at the hearing
should be entered into the record of the hearing.
The Regional Planning Commission concluded that the area in question meets the
definition of blighted and substandard and supports such conclusion with findings
of fact. Some findings of fact are other housing areas are located in the area,
there are known hazards in this area as identified in the plan. There is degradation
of infrastructure and abandonment of land.
They recommend approval of the declaration as blighted and substandard based on
the facts presented, identified and discussed at their meeting.
The Planning Commission held a Public Hearing on this proposal at their meeting on
October 2, 2013. Keith Marvin, with Marvin Planning Consultants spoke in favor of the
designation and answered Planning Commission questions about the study. Ron Depue
representing Mr. Rief spoke in favor of approving the study. Harold Rosenkotter, owner
of the office building on 13th and Webb spoke in favor of the designation and stated that
another issue that needs to be addressed in this area is extension of sewer to all
properties. He stated that his building and the church to the east are both on septic
systems. No members of the public spoke in opposition of the designation. Planning
commission members, Pat O’Neill, Deb Reynolds and Karen Bredthauer questioned the
need to declare this property blighted and substandard.
Grand Island has 13 areas that have been declared blighted and substandard 3,482 acres.
This represents 18.21% of the area of the City. Grand Island can declare up to 35% of its
municipal area blighted and substandard. If Council approves the declaration of this area
as blighted and substandard 6.82 acres would be added to the blighted and substandard
area in Grand Island increasing the percentage by 0.03% to 18.24% well below the 35%
limitation.
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
A motion was made by McCarty and seconded by Amick to approve the adoption
of Blight and Substandard Study Area #14, based on the study prepared by
Marvin Planning Consultants.
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10
A roll call vote was taken with 5 members present and voting in favor (Hayes, Snodgrass,
McCarty, Amick and Haskins) and 3 members voting against (O’Neill, Bredthauer,
Reynolds).
Sample Motion
Move to approve the Substandard and Blight Designation for Redevelopment Area No.
14 in Grand Island, Hall County, Nebraska finding the information in the study to be
factual supporting such designation.
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 1
PPURPOSEURPOSE OFOF THETHE BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD SSTUDYTUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions within the city of
Grand Island. This study has been commissioned by an individual property owner within the community with the
hope that the City will consider the study area for future redevelopment activity. The area is bordered on all three
sides by major transportation routes and the general area of the community has seen considerable new development
on the western perimeter of the area but limited redevelopment activities.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues
and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104
of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in carrying out the
provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with sound
needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment
area by private enterprises. The governing body of a city shall give consideration to this objective in
exercising its powers under sections 18-2101 to 18-2144, including the formulation of a workable
program, the approval of community redevelopment plans consistent with the general plan for the
development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and
regulations relating to the use and occupancy of buildings and improvements, the disposition of any
property acquired, and providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a
workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the Community
Development Law may formulate for the entire municipality a workable program for utilizing
appropriate private and public resources to eliminate or prevent the development or spread of urban
blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and
blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as
may be suitably employed to achieve the objectives of such workable program. Such workable
program may include, without limitation, provision for the prevention of the spread of blight into areas
of the municipality which are free from blight through diligent enforcement of housing, zoning, and
occupancy controls and standards; the rehabilitation or conservation of substandard and blighted
areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and
other public improvements by encouraging voluntary rehabilitation and by compelling the repair and
rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of
substandard and blighted areas or portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or improvements,
whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age
or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high
density of population and overcrowding, or the existence of conditions which endanger life or property
by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of
disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through
construction of prisons), and is detrimental to the public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial number of
deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot
layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax or special assessment
delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, substantially impairs or arrests the sound
growth of the community, retards the provision of housing accommodations, or constitutes an
economic or social liability and is detrimental to the public health, safety, morals, or welfare in its
present condition and use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the state or national
average; (ii) the average age of the residential or commercial units in the area is at least forty years;
(iii) more than half of the plotted and subdivided property in an area is unimproved land that has been
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 2
within the city for forty years and has remained unimproved during that time; (iv) the per capita
income of the area is lower than the average per capita income of the city or in which the area is
designated; or (v) the area has had either stable or decreasing population based on the last two
decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more
than thirty-five percent of the city as blighted, a city of the second class shall not designate an area
larger than fifty percent of the city as blighted, and a shall not designate an area larger than one
hundred percent of the as blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority and
Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing
within the City’s jurisdiction. Through this process, the City and property owner will be attempting to address
economic and/or social liabilities which are harmful to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report will contain, in
accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public
transportation, public utilities and other public improvements, and the proposed land uses and building
requirements in the redevelopment area and shall include:
The boundaries defining the blighted and substandard areas in question (including existing uses and conditions
of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD EELIGIBILITYLIGIBILITY SSTUDYTUDY
This study targets a specific area within an established part of the community for evaluation. The area is indicated in
Figure 1 of this report. The existing uses in this area include commercial, commercial/office and single-family
dwellings.
Through the redevelopment process the City of Grand Island can guide future development and redevelopment
throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to
redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in
the elimination of negative conditions and implement different programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF N. WEBB ROAD AND W. 13TH
STREET; THENCE EASTERLY ALONG SAID CENTERLINE OF W. 13TH STREET TO THE EXTENDED
EAST SECTION LINE OF SECTION 17, TWP 11N, RANGE 9W; THENCE SOUTHERLY ALONG SAID
EASTERN SECTION LINE TO THE INTERSECTION OF SAID EASTERN SECTION LINE EXTENDED AND
THE CENTERLINE OF W. FAIDLEY AVENUE; THENCE, WESTERNLY ALONG SAID CENTERLINE OF
W. FAIDLEY AVENUE TO THE INTERSECTION OF THE CENTERLINE OF W. FAIDLEY AVENUE AND
THE CENTERLINE OF N. WEBB ROAD; THENCE NORTHERLY ALONG THE CENTERLINE OF N. WEBB
ROAD TO THE POINT OF BEGINNING.
Figure 1
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 3
Study Area Map
Source: Olsson Associates 2013
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 4
EEXISTINGXISTING LLANDAND UUSESSES
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The
number and type of uses are constantly changing within a community, and produce a number of impacts that either
benefit or detract from the community. Because of this, the short and long-term success and sustainability of the
community is directly contingent upon available resources utilized in the best manner given the constraints the City
faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and
neighborhoods, while development in newer areas is often reflective of current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as well as data
collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within
the study area. These data from the survey are analyzed in the following paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per
land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the
third set of data compare the all land uses to the total area within the Study Area.
The Study Area is predominately residential uses with 39.9% of land in this use. The remaining 60.1% is either
Commercial/office or vacant, public right-of-way and streets.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2013
Type of Use Acres Percent of
Develope
d land
within the
Study Area
Percent of
Study Area
Residential 2.72 39.9%39.9%
Single-family 2.72 39.9%39.9%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 1.2 17.6%17.6%
Industrial 0.00 0.0%0.0%
Quasi-Public/Public 0 0.0%0.0%
Parks/Recreation 0 0.0%0.0%
Transportation 2.9 42.5%42.5%
Total Developed Land 6.82 100.0%
Vacant/Agriculture 0 0.0%
Total Area 6.82 100.0%
Source: 2013 Grand Island Blight Study Area 14, Marvin Planning Consultants and Olsson Associates
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City of Grand Island, Nebraska • July 2013 Page 5
Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2013
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City of Grand Island, Nebraska • July 2013 Page 6
FFINDINGSINDINGS OFOF BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD CCONDITIONSONDITIONS EELIGIBILITYLIGIBILITY SSTUDYTUDY
This section of the Eligibility Report examines the conditions found in the study area. The Findings Section will
review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online. There are a number of
conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are present,
other are not.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow
for a predominance of structures that are 40 years of age or older to be a contributing factor regardless of their
condition. The following paragraphs document the structural age of the structures within the Study Area. Note that
the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of eight structures. After researching the structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
Six (75.0%) units were determined to be 40 years of age or older
The remaining two structures were newer than 40 years.
The age of the structures would be a direct contributing factor.
Sidewalk Conditions
The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four categories; adequate,
deteriorating, dilapidating, and missing completely.
Within the study area there is approximately 2,485 lineal feet of sidewalk. After reviewing the conditions in the
field, the following is how the sidewalk conditions breakdown within the study area:
243 (9.8%) lineal feet of adequate sidewalk
2,242 (90.2%) lineal feet of deteriorating sidewalk
0 (0.00%) lineal feet of no sidewalk.
There was no sidewalk deemed to be dilapidated.
Overall, over 90% of the sidewalks are in a deteriorating state. See Figure 4 for the locations of these sidewalks.
Due to the large amount of deteriorating sidewalk, the sidewalk conditions would be a direct contributing factor.
Figure 3
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 7
Unit Age Map
Source: Marvin Planning Consultants and Olsson Associates, 2013
Deterioration of site or other improvements
Throughout this Area, there is a large portion of sidewalk that is deteriorating. This is a major consideration in
determining if the area has deteriorated sites or improvements.
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City of Grand Island, Nebraska • July 2013 Page 8
Example of improper platting
Based upon the field analysis, there are sufficient elements present to meet the definition of deterioration of site and
other improvements in the Study Area.
Dangerous conditions to life or property due to fire or other
causes
Located within the study area there are a couple of lots that contain a
considerable amount of older materials scattered throughout the
property. Plus, one vacant lot has brush and debris located throughout
the property. Both of these situation are creating conditions that are
dangerous to life and/or property.
Based upon the field analysis, there are sufficient elements present to
meet the definition of dangerous conditions within the Study Area.
Improper Platting or Obsolete Platting
The majority of this area was part of rural Grand Island early in its
existence. It appears that this was a leftover piece/inaccessible
property from a purchasing prospect when the residential subdivision
to the east was platted. When these parcels were platted to current
sizes and configurations, most lots have a depth of 100 feet (outlots to
the west of N. Webb Road are approximately 170 feet in depth).
When front yard and rear yard setbacks are applied to these lots it
will be difficult to construct any new significant commercial or
commercial/office facilities.
These properties, considering they abut residential development of
the east and N. Webb Road on the west, will need to be redeveloped
in a more creative manner in order to insure adequate screening,
access, and on-site movement for any planned commercial or
commercial/office use.
Finally, this study is part of a fractional section that runs north and
south throughout this part of Grand Island and Hall County.
Based upon the review of the plat of the area, there are sufficient elements present to meet the definition of improper
platting or obsolete platting within the Study Area.
Combination of factors which are impairing and/or arresting sound growth
Within this small study area there are a number of factors that are impairing or arresting sound growth. A couple of
these include:
Proximity to N. Webb Road and the traffic speeds makes these properties difficult to redevelop individually
The fact that these lots lie within a truncated/correction section that is approximately 100 feet wide instead of
the usual one-mile section.
Proximity of residential development to the east.
The lack of traffic access and connectivity to the area east of the study area.
The inadequate depth of the lots in the study area and the inability for creating larger lots.
The inability to create a frontage road along N. Webb Road creates future impacts on ingress and egress from
the study area.
Based upon the review of the area, there are sufficient elements present to meet the definition of combination of
factors which are impairing and/or arresting sound growth within the Study Area.
Diversity of ownership
The eight properties within this study area have six different owners. When the need to redevelop a unique area such
as this, it becomes necessary to have as much property under one ownership as possible. The more diverse
ownership is, the piecemealed the redevelopment will end up. Future redevelopment of the properties within this
area require it be done in concert with one and other.
Based upon the review of the area, there are sufficient elements present to meet the definition of diversity of
ownership within the Study Area.
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Stable or decreasing population based on the last two decennial censuses
This area as it has been evolving from a more rural residential land use to more of a commercial or
commercial/office land use home have been removed and populations have been declining. Currently there is one
larger lot that is indicated on the Assessor’s web site that it once contained a residential structure.
The decrease in residential structures, the trend of smaller families, and the increasing amount of commercial and/or
commercial office within the general vicinity the population of the study area has been stable or decreasing over the
past two decennial censuses.
BlightingBlighting SummarySummary
These conditions are contributing to the blighted conditions of the study area.
Deterioration of site or other improvements
o 90.2% of sidewalk either in a deteriorated state or missing from properties in the area.
Dangerous conditions to life or property due to fire or other causes
o The amount of clutter/junk present as well as the amount of damaged shrubs and trees provides dangerous
conditions.
Average age of structures is over 40 years of age
o Within the Study Area 75.00% of the structures meet the criteria of 40 years of age or older.
Improper Subdivision or obsolete platting
Combination of factors which are impairing and/or arresting sound growth
o Proximity to N. Webb Road and the traffic speeds makes these properties difficult to redevelop individually
o The fact that these lots lie within a truncated/correction section that is approximately 100 feet wide instead
of the usual one-mile section.
o Proximity of residential development to the east.
o The lack of traffic access and connectivity to the area east of the study area.
o The inadequate depth of the lots in the study area and the inability for creating larger lots.
o The inability to create a frontage road along N. Webb Road creates future impacts on ingress and egress
from the study area.
Diversity of Ownership
o Within the Study Area eight properties are owned by six different property owners.
Stable or decreasing population based on the last two decennial censuses
o This area as it has been evolving from a more rural residential land use to more of a commercial or
commercial/office land use home have been removed and populations have been declining.
The other criteria for Blight were not present in the area, these included:
Substantial number of deteriorated or deteriorating structure
Defective/Inadequate street layouts,
Faulty lot layout,
Unsanitary/Unsafe conditions
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Unemployment in the designated area is at least 120% of the state or national average.
One-half of unimproved property is over 40 years old.
The per capita income of the area is lower than the average per capita income of the city or village in which the
area is designated.
The area has had either stable or decreasing population based on the last two decennial censuses.
These issues were either not present or were limited enough as to have little impact on the overall condition of the
study area.
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Figure 4
Sidewalk Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
Grand Island Council Session - 11/12/2013 Page 57 / 355
Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 11
SubstandardSubstandard ConditionsConditions
Average age of the residential or commercial units in the area is at least forty years
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow
for a predominance of units that are 40 years of age or older to be a contributing factor regardless of their condition.
Note that the age of structure was determined from the Appraisal data within the Hall County Assessor’s website
data.
Within the study area there is a total of eight structures. After researching the structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
2 (25.00%) units were determined to be less than 40 years of age
6 (75.00%) units were determined to be 40 years of age or older
There is a predominance of units 40 years of age or older.
SubstandardSubstandard SummarySummary
Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements,
whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or
obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population
and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any
combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
This Study Area in Grand Island meets the defintion with the average age of the structures being more than 40 years
of age.
FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #14#14
Blight Study Area #14 has several items contributing to the Blight and Substandard Conditions. These conditions
include:
Blighted Conditions
Deterioration of site or other improvements
Dangerous conditions to life or property due to fire or other causes
Average age of structures is over 40 years of age
Improper Subdivision or obsolete platting
Combination of factors which are impairing and/or arresting sound growth
Diversity of Ownership
Stable or decreasing population based on the last two decennial censuses
Substandard Conditions
Average age of the structures in the area is at least forty years
Grand Island Council Session - 11/12/2013 Page 58 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item E-5
Public Hearing on Acquisition of Property for the North
Interceptor Phase II, Part A Located in Lot 1, West Geer
Subdivision, South of Capital Avenue and West of Illinois Avenue
(James and Joan Welton)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 59 / 355
Council Agenda Memo
From:Terry Brown PE, Manager of Engineering Services
Meeting:November 12, 2013
Subject:Public Hearing on Acquisition of Property for the North
Interceptor Phase II, Part A (Welton)
Item #’s:E-5 & G-12
Presenter(s):John Collins PE, Public Works Director
Background
Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City,
Missouri have jointly developed multi-year replacement planning stages for the City of Grand
Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor,
entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate
current sewer pumping station(s), and provide additional capacity for existing and new growth
areas of Grand Island.
The new North Interceptor route was developed to incorporate, and partner with other utilities for
the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the
Wastewater Treatment Plant.
A phased approach of constructing the North Interceptor was developed as follows:
Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road
Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue
Phase II (Part B) - Broadwell Avenue to Webb Road
Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19)
Nebraska State Statute Section 19-709, R.R.S. 1943, authorizes the City to appropriate private
property for use of the City for public facilities. A current empty lot of land is available for
purchase that will supplement gravity sanitary sewer route planning. The purchase will facilitate
easements, as well serve in a contractor staging area in the North Interceptor Phase II, Part A
project, which is on 7th Street / Skypark Road to Broadwell Avenue to accommodate the public
utilities. The lot will allow for the construction, tunnel boring, operation, maintenance, extension,
repair, replacement, and removal of public utilities within the lot.
Grand Island Council Session - 11/12/2013 Page 60 / 355
Discussion
To allow for the accommodation of public utilities it is requested that approximately three
quarters (0.74) acre of land, or more commonly known as Lot One (1), West Geer Subdivision
be acquired. This new property will allow for the installation of public utilities.
City Staff and Current Owners, James A & Joan H Welton of Aurora Colorado have settled on a
negotiated value for the land purchase.
Seller Costs Buyer Costs
Land Purchase $20,000.00
Closing $150.00 $150.00
Title Insurance $76.25 $76.25
Closing Protection Letter $12.50 $12.50
Property Tax, Estimated $281.00
Report Deed $10.00
Total Estimated Costs $519.75 $20,248.75
All documents have been prepared by Grand Island Abstract, Escrow & Title Company.
Authorization of the City’s Legal Department in finalizing the closing documents and purchase
authority of $20,248.75, which is an estimated amount based on a closing date of January 2,
2014, is contingent upon City Council approval.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of such land, in the amount of $20,248.75.
Sample Motion
Move to approve the acquisition of the lot, more commonly known as Lot One (1), West Geer
Subdivision from James A & Joan H Welton of Aurora Colorado.
Grand Island Council Session - 11/12/2013 Page 61 / 355
Grand Island Council Session - 11/12/2013 Page 62 / 355
Grand Island Council Session - 11/12/2013 Page 63 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item F-1
#9459 - Consideration of Assessments for Sidewalk Repairs at 1141
Pleasant View Drive
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: John Collins PE - Public Works Director
Grand Island Council Session - 11/12/2013 Page 64 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9459
An ordinance assessing and levying a special tax to pay the cost of construction of
Sidewalk Repairs at 1141 Pleasant View Drive 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 construction of said
sidewalk repairs at 1141 Pleasant View Drive, 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:
Name Description Assessment
Julie Nickerson Lot 3, Block 2, Pleasant View Twelfth Subdivision $550.00
City of Grand Island, Hall County, Nebraska
TOTAL $550.00
Grand Island Council Session - 11/12/2013 Page 65 / 355
ORDINANCE NO. 9459 (Cont.)
- 2 -
SECTION 2. The special tax shall become delinquent as follows: One-seventh of
the total amount shall become delinquent in ten days; one-seventh in one year; one-seventh in
two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; one-
seventh in six 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 ten 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 12, 2013
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 66 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item F-2
#9460 - Consideration of Vacation of a Utility Easement Located in
Woodland Park 12th Subdivision (Hastings Ventures, LLC)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 67 / 355
Council Agenda Memo
From:Terry Brown PE, Manager of Engineering Services
Meeting:November 12, 2013
Subject:Consideration of Vacation of a Utility Easement Located
in Woodland Park 12th Subdivision (Hastings Ventures,
LLC)
Item #’s:F-2
Presenter(s):John Collins PE, Public Works Director
Background
Twenty (20) feet wide drainage/utility easements were dedicated on September 12, 2012
within the Woodland Park 12th Subdivision. Such easements are not necessary to
accommodate existing or proposed drainage or utilities.
Discussion
The developer/property owner of Woodland Park 12th Subdivision is requesting to vacate
two (2), twenty (20) feet wide, drainage/utility easements running east and west through
four lots. There are not any utilities currently within this easement that would be affected
by this vacation. The attached sketch details the referenced easements to be vacated.
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 - 11/12/2013 Page 68 / 355
Recommendation
City Administration recommends that the Council pass an ordinance vacating the twenty
(20) foot easements located in Woodland Park 12th Subdivision.
Sample Motion
Move to pass an ordinance vacating the easements.
Grand Island Council Session - 11/12/2013 Page 69 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9460
An ordinance to vacate existing drainage/utility easements and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal
any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a portion of drainage/existing utility easements within
Woodland Park 12th Subdivision in Grand Island, Hall County, Nebraska, more particularly
described as follows:
Lot 1, Block 2, Woodland Park 12th Subdivision: A drainage/utility easement to be vacated
being the south 10 feet of Lot 1, Block 2, Woodland Park Twelfth Subdivision; excluding the
west 5 feet and the east 20 feet of said Lot 1; and
Lot 2, Block 2, Woodland Park 12th Subdivision: A drainage/utility easement to be vacated
being the north 10 feet of Lot 2, Block 2, Woodland Park Twelfth Subdivision; excluding the
west 5 feet and the east 20 feet of said Lot 2; and
Lot 4, Block 2, Woodland Park 12th Subdivision: A drainage/utility easement to be vacated
being the south 10 feet of Lot 4, Block 2, Woodland Park Twelfth Subdivision; excluding the
west 5 feet and the east 20 feet of said Lot 4; and
Grand Island Council Session - 11/12/2013 Page 70 / 355
ORDINANCE NO. 9260 (Cont.)
- 2 -
Lot 5, Block 2, Woodland Park 12th Subdivision: A drainage/utility easement to be vacated
being the north 10 feet of Lot 5, Block 2, Woodland Park Twelfth Subdivision; excluding the
west 5 feet and the east 20 feet of said Lot 5;
are hereby vacated. Such easements to be vacated are shown and more particularly described on
Exhibit 1 attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 12, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 71 / 355
Grand Island Council Session - 11/12/2013 Page 72 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-1
Approving Minutes of October 22, 2013 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/12/2013 Page 73 / 355
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 22, 2013
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 22, 2013. Notice of the meeting was given in The Grand Island Independent
on October 16, 2013.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Bob Niemann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch
Nickerson, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick and Vaughn Minton. The
following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae
Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter and
Engineer and Public Works Director John Collins.
INVOCATION was given by Pastor Scott Jones, Third City Christian Church, 4100 West 13th
Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Hannah Sugita.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Grand Island Senior High Girls Golf Team for Class “A” State Championship.
The Mayor and City Council recognized the Grand Island Senior High Girls Golf Team for their
Class “A” state championship on October 15, 2013 at the Norfolk Country Club in Norfolk, NE.
The Girls Golf Team and Coach Kelli Jeffries were present for the recognition.
Proclamation “Project Homeless Connect Day” October 24, 2013. Mayor Vavricek proclaimed
October 24, 2013 as “Project Homeless Connect Day”. Melissa DeLaet, Executive Director with
Hope Harbor and staff were present to receive the proclamation.
Recognition of United Veterans Honor Guard. The Mayor and City Council recognized the
service of the United Veterans Honor Guard. Present for the recognition were: Commander
Richard Simpson, Vern Hill, Larry McAhren, Jim Breitman and Lloyd Mader.
PUBLIC HEARINGS:
Mayor Vavricek turned the meeting over to Council President Niemann and recused himself
from the following item due to a conflict of interest which was on file in the City Clerk’s office.
Public Hearing on Declaration of a Site Known as Redevelopment Area 13 Located North of
Phoenix Avenue and West of Lincoln Avenue. Regional Planning Director Chad Nabity reported
that Gary Jacobsen commissioned a Blighted and Substandard Study for proposed
Redevelopment Area No. 13 located north of Phoenix Avenue and west of Lincoln Avenue
containing approximately 2.16 acres. Staff recommended approval. No public testimony was
heard.
Grand Island Council Session - 11/12/2013 Page 74 / 355
Page 2, City Council Regular Meeting, October 22, 2013
The meeting was turned back over to Mayor Vavricek.
Public Hearing on Acquisition of Drainage Easements in Copper Creek Estates Third and Fourth
Subdivision (The Guarantee Group, LLC). Public Works Director John Collins reported that
acquisition of drainage easements were needed to be dedicated between Copper Creek Estates
Third Subdivision and Copper Creek Estates Fourth Subdivision to allow for further
development of the area. Staff recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9456 – Consideration of Authorization to Issue 2013 Electric Department Revenue
Bonds
#9457 – Consideration of Creation of Drainage Improvement District No. 2013-D-4;
Westgate Subdivision
#9458 – Consideration of Amending Chapter 22-141.1 of the Grand Island City Code
Relative to Front Yard Parking
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.
#9456 – Consideration of Authorization to Issue 2013 Electric Department Revenue
Bonds
Utilities Director Tim Luchsinger reported that in order to achieve long-term compliance for the
Mercury and Air Toxics Standards (MATS) at the Platte Generating Station in the next three to
four years it was necessary to authorize the issuance of the Electric System Revenue Bonds,
Series 2013 in an amount not-to-exceed $47,000,000. Bruce Lefler representing Ameritas was
present and stated they were scheduled to market the bonds next week. The bond issue would be
approximately $41,000,000.
Motion by Gilbert, second by Haase to approve Ordinance #9456.
City Clerk: Ordinance #9456 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 #9456 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9456 is declared to be lawfully adopted upon publication as required by law.
Grand Island Council Session - 11/12/2013 Page 75 / 355
Page 3, City Council Regular Meeting, October 22, 2013
#9457 – Consideration of Creation of Drainage Improvement District No. 2013-D-4;
Westgate Subdivision
Public Works Director John Collins reported that property owners on the north half of Gold
Road east to Claude Road had signed a district creation petition to create Drainage Improvement
District No. 2013-D-4 in the Westgate Subdivision.
Motion by Minton, second by Donaldson to approve Ordinance #9457.
City Clerk: Ordinance #9457 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 #9457 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9457 is declared to be lawfully adopted upon publication as required by law.
#9458 – Consideration of Amending Chapter 22-141.1 of the Grand Island City Code
Relative to Front Yard Parking
Police Chief Steve Lamken reported that City Code 22-141.1, Parking in the Front Yards was in
conflict with City Code Chapter 36 which established requirements for off street parking. The
proposed amended ordinance would eliminate the use of gravel or crushed rock in creating front
yard parking.
Discussion was held regarding the number of parking stalls for each residence. Building
Department Director Craig Lewis explained the zoning code with regards to front yards. He
stated the proposed changes would start from this date forward and would not affect those
properties currently having gravel or crushed rock as they would be grandfathered in. If there
were changes to those properties then they would have to abide by the new law.
Motion by Gilbert, second by Niemann to approve Ordinance #9458.
City Clerk: Ordinance #9458 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 #9458 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9458 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Donaldson, second by Niemann to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 8, 2013 City Council Regular Meeting.
Grand Island Council Session - 11/12/2013 Page 76 / 355
Page 4, City Council Regular Meeting, October 22, 2013
#2013-339 – Approving Final Plat and Subdivision Agreement for Copper Creek Estates Fifth
Subdivision. It was noted that The Guarantee Group, LLC, owner had submitted the final Plat
and Subdivision Agreement for Copper Creek Estates Fifth Subdivision for the purpose of
creating 20 lots located west of Cherokee Avenue S and south of Old Potash Highway containing
5.644 acres.
#2013-340 – Approving Bid Award for 2014 Truck with 60 Foot Articulating Overcenter Aerial
Device with 17 Foot Elevator Lift (Unit #69) – Line Division with Altec Industries, Inc. of St.
Joseph, MO in an Amount of $298,227.00.
#2013-341 – Approving Amendment #1 to the Contract for Phelps Control Center Architectural
Services with Webb & Company Architects, Inc. of Grand Island, NE in an Amount of
$96,500.00.
#2013-342 – Approving Transformer Maintenance & Testing Services with Solomon
Corporation of Solomon, KS in an Amount of $149,996.88.
#2013-343 – Approving Acquisition of Drainage Easements in Copper Creek Estates Third and
Fourth Subdivision (The Guarantee Group, LLC).
#2013-344 – Approving Change Order No. 2 for the Walk to Walnut Safe Routes to School
Project with the Diamond Engineering Company of Grand Island, NE for an Increase of
$7,794.90 and a Revised Contract Amount of $384,058.67.
#2013-345 – Approving Bid Award for Snow Removal Services for the 2013/2014 Winter
Season (Street Division) with the Diamond Engineering Company of Grand Island, NE in an
Amount of $120.00 per hour – Trucks for Hauling Snow; $165.00 per hour – Front End Loaders;
and $175.00 per hour – Motor Graders.
#2013-346 – Approving Renewal of Long Term Disability Policy with CIGNA Group Insurance
in an Amount of $.18 per $100 of Wages.
RESOLUTIONS:
Mayor Vavricek turned the meeting over to Council President Niemann and recused himself
from Resolution #2013-347 due to a conflict of interest which was on file in the City Clerk’s
office.
#2013-347 – Consideration of Approving Declaration of a Site Known as Redevelopment Area
13 Located North of Phoenix Avenue and West of Lincoln Avenue This item related to the
aforementioned Public Hearing.
Councilmember Nickerson recused himself from the discussion and vote due to a conflict of
interest.
Concerns were mentioned regarding the western portion of the property that was not annexed
into the city. Mr. Nabity stated this was not a part of the County Industrial tract and the area not
in the city limits could not be used for Tax Increment Financing (TIF) until it was annexed.
Grand Island Council Session - 11/12/2013 Page 77 / 355
Page 5, City Council Regular Meeting, October 22, 2013
Concerns were mentioned by Council that because a building was under construction on the
western portion of the property this should not be considered as blighted and substandard.
Discussion was held concerning bringing this item back without the western portion of land that
was not annexed.
Motion by Dugan, second by Minton to approve Resolution #2013-347. Upon roll call vote,
Councilmember Niemann voted aye. Councilmembers Minton, Paulick, Dugan, Gericke, Gilbert,
Hehnke, Haase, and Donaldson voted no. Motion failed.
The meeting was turned back over to Mayor Vavricek.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of October 9, 2013
through October 22, 2013, for a total amount of $6,390,601.71. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Niemann, second by Hehnke to adjourn to
Executive Session at 8:10 p.m. for the purpose of a strategy session with respect to pending
litigation. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Dugan, second by Gilbert to return to Regular
Session at 8:49 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:49 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 11/12/2013 Page 78 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-2
Approving Request for Liquor Manager Designation for Roberta
Douglas, 1603 Virginia Drive with Platt Duetsche, 1315 West Anna
Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/12/2013 Page 79 / 355
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 12, 2013
Subject:Request from Roberta Douglas, 1603 Virginia Drive for
Liquor Manager Designation for the Platt Duetsche, 1315
Anna Street
Item #’s:G-2
Presenter(s):RaNae Edwards, City Clerk
Background
Roberta Douglas, 1603 Virginia Drive has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with the Platt Duetsche, 1315
Anna Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 11/12/2013 Page 80 / 355
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Roberta Douglas, 1603 Virginia for Liquor Manager
Designation in conjunction with the Class “C-01472” Liquor License for the Platt
Duetsche, 1315 West Anna Street with the stipulation that Ms. Douglas complete a state
approved alcohol server/seller training program.
Grand Island Council Session - 11/12/2013 Page 81 / 355
10/25/13 Grand Island Police Department 450
11:04 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 08:30:00 10/18/2013
Occurred before : 08:00:00 10/21/2013
When reported : 13:07:17 10/21/2013
Date disposition declared : 10/21/2013
Incident number : L13102690
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 1315 Anna St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 13680
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 72226 10/23/13 Douglas, Kenneth E Roberta's
Husband
NM 105665 10/23/13 Douglas, Roberta M Liquor Manager
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
Roberta Douglas is Applying to be the Liquor Manager at the Platt
Duetsche.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
Grand Island Council Session - 11/12/2013 Page 82 / 355
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 10:54:12 10/23/2013
318
Grand Island Police Department
Supplemental Report
Date, Time: Wed Oct 23 10:54:23 CDT 2013
Reporting Officer: Vitera
Unit- CID
Roberta Douglas is applying to be the liquor manager at the Platt
Duetsche. Roberta is married to Kenneth Douglas, and they have lived in
Nebraska since at least 1986. Roberta did not disclose any criminal
convictions, and Kenneth signed a Spousal Affidavit of Non-Participation
form.
While continuing to look through the application, I noticed under alcohol
related training and/or experience, Roberta stated that she has worked in
a bar in St. Paul, Nebraska, the Liederkranz and Whiskey Creek in Grand
Island, and many other jobs.
I checked Roberta through Spillman and NCJIS. She does not have any
undisclosed convictions. Roberta does not have any outstanding warrants
for her arrest, and she has a valid Nebraska driver's license. I searched
the Internet for Roberta but couldn't pinpoint her. I also checked a law
enforcement-only database and didn't find anything too shocking.
All in all, the application looks fine. Roberta doesn't have any criminal
history in Nebraska, and she also has some experience with serving
alcohol. The Grand Island Police Department has no objection to Roberta
Douglas becoming the liquor manager at the Platt Duetsche.
Grand Island Council Session - 11/12/2013 Page 83 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-3
#2013-348 - Approving Declaration of Surplus Property
Staff Contact: Steven Lamken
Grand Island Council Session - 11/12/2013 Page 84 / 355
Council Agenda Memo
From:Steven Lamken, Police Chief
Meeting:November 12, 2013
Subject:Declaration of Surplus Property
Item #’s:G-3
Presenter(s): Steven Lamken, Police Chief
Background
The Police Department recovers numerous abandoned bicycles in the City. Those that are
not claimed or returned to an owner are sold at auction as required by law. The Salvation
Army has a program to repair bicycles and provide them to people who otherwise could
not afford one. The Police Department desires to donate unclaimed bicycles to the
Salvation Army and would like the City Council to declare the bicycles as surplus
property to do this.
Discussion
The Police Department recovers numerous abandoned bicycles in the City. The
Department attempts to locate an owner of the bicycles and must hold the bicycles for a
specified length of time. Those that are not claimed or returned to an owner are sold at
auction. The auction service does not want to handle the bicycles as many of them are old
and damaged. The bicycles bring very low bids that do not make it worth the auction
services time. Nor is it worth the Police Department’s time and resources to sell the
bicycles.
Michael Merritt, the Salvation Army Social Service Director has been conducting a
program where he repairs bicycles and then they are donated to people and children who
otherwise could not afford a bicycle. The bicycles are donated to people and the
Salvation Army does not profit from the program. Mr. Merritt has been conducting this
program for over seven years and has repaired and given away over 650 bicycles. Mr.
Merritt said that he can use the bicycles and bicycle parts recovered by the Police
Department in the Salvation Army program to fix up and repair bicycles.
Declaring bicycles recovered by the Police Department that are not claimed by owners as
surplus property will allow the Department to give the bicycles to the Salvation Army.
Grand Island Council Session - 11/12/2013 Page 85 / 355
Mr. Merritt will pick up the bicycles from the Police Department. This will save the
Police Department time and resources in arranging for auction. It will also improve the
chances of many of our underprivileged children and citizens in receiving a bicycle for
transportation and or recreational purposes.
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 declare that bicycles recovered by the
Police Department that are unclaimed by an owner be declared surplus property and be
donated to Salvation Army to be used in their bicycle fix up program.
Sample Motion
Move to declare bicycles recovered by the Police Department that are unclaimed by an
owner be declared surplus property and be donated to Salvation Army to be used in their
bicycle fix up program.
Grand Island Council Session - 11/12/2013 Page 86 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-348
WHEREAS, the Grand Island Police Department recovers numerous abandoned
bicycles in the City; and
WHEREAS, many of the bicycles are not claimed by owners and remain in Police
Department control; and
WHEREAS, the bicycles have minimal monetary value and sell for minimal
prices at auction, and
WHEREAS, the Salvation Army operates a bicycle fix up program that provides
bicycles to disadvantaged children and citizens without cost; and
WHEREAS, the Salvation Army can use these unclaimed bicycles in the fix up
program; and
WHEREAS, the Police Department desires to have the unclaimed bicycles
declared surplus property and donated to the Salvation Army.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bicycles recovered by the Police
Department that are unclaimed by an owner are surplus property and shall be donated to the
Salvation Army to be used in their bicycle fix up program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 87 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-4
#2013-349 - Approving Acquisition of Utility Easement Located
East of North Road and South of Westgate Road (NEBCO, Inc.).
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Tim Luchsinger
Grand Island Council Session - 11/12/2013 Page 88 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-349
WHEREAS, a public utility easement is required by the City of Grand Island,
from NEBCO, Inc., 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 12, 2013, for the purpose of
discussing the proposed acquisition of an easement located in the City of Grand Island, Hall
County, Nebraska; and more particularly described as follows:
Commencing at the northwest corner of Lot Two (2), Chief /Westgate
Subdivision in the City of Grand Island, Nebraska; thence southerly along the
westerly line of said Lot Two (2), a distance of seventy five (75.0) feet, to the
Actual Point Of Beginning; thence easterly parallel with the northerly line of said
Lot Two (2), a distance of one hundred eighty eight (188.0) feet; thence northerly
parallel with the westerly line of said Lot Two (2), a distance of twenty (20.0)
feet; thence westerly parallel with the northerly line of said Lot Two (2), a
distance of one hundred eighty eight (188.0) feet; thence southerly along the
westerly line of said Lot Two (2), a distance of twenty (20.0) feet to the said Point
Of Beginning.
The above-described easement and right-of-way containing 0.086 acres, more or
less, as shown on the plat dated 10/9/2013, 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 NEBCO, Inc., on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 89 / 355
Grand Island Council Session - 11/12/2013 Page 90 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-5
#2013-350 - Approving Acquisition of Utility Easement Located
West of Webb Road and North of Stolley Park Road (Judy D.
Hansen & Julie D. Johnson).
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Tim Luchsinger
Grand Island Council Session - 11/12/2013 Page 91 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-350
WHEREAS, a public utility easement is required by the City of Grand Island,
from Judy D. Hansen and Julie D. Johnson, 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 12, 2013, for the purpose of
discussing the proposed acquisition of an easement located in the Southeast Quarter (SE ¼),
Section twenty four (24), Township Eleven (11) North, Range ten (10), West of the 6th pm,
Grand Island, Hall County Nebraska. The center line of the twenty (20.0) foot wide utility
easement and right-of-way being more particularly described as follows:
Commencing at the Southeast corner of Lot One (1), Dinsdale Subdivision in the
City of Grand Island, Hall County, Nebraska; thence Westerly along the
Southerly line of said Lot One (1), a distance of fifty two and sixty six (52.66)
feet to the ACTUAL Point of Beginning; thence Southerly, perpendicular to the
Southerly line of said Lot One (1), a distance of two hundred twenty four (224.0)
feet.
The above-described easement and right-of-way containing 0.103 acres, more or
less, as shown on the plat dated 10/15/2013, 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 Judy D. Hansen and Julie D.
Johnson, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 92 / 355
Grand Island Council Session - 11/12/2013 Page 93 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-6
#2013-351 - Approving Change Order No. 1 for Feedwater Heater
No. 5 Installation
Staff Contact: Tim Luchsinger
Grand Island Council Session - 11/12/2013 Page 94 / 355
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Meeting:November 12, 2013
Subject:Feedwater Heater #5 Installation
Change Order #1
Item #’s:G-6
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Platte Generating Station utilizes five stages of boiler feedwater heaters in its steam
cycle. These feedwater heaters are specialized heat exchangers that use steam from the
main turbine-generator to preheat the boiler feedwater and improve the overall plant
steam cycle efficiency. One of the feedwater heaters had internal leakage problems which
make control of its operation difficult and wall thinning of the feedwater heater tubes is
occurring. The heater was original to the plant construction and weighs approximately 18
tons. On December 4, 2012 a contract for a replacement heater was awarded to Thermal
Engineering International for $401,750. Specifications for the installation of this heater
were developed by plant engineering staff. On April 9, 2013, the Council awarded the
contract for Feedwater Heater #5 Installation to Hayes Mechanical of Omaha, Nebraska,
with the bid price of $84,150.00, for installation during the October, 2013 planned
maintenance plant shutdown.
Discussion
Subsequent to awarding the above contracts, changes were made to the original vent
location which required extra labor and materials during the installation, which was a
change to the original installation bid. Also, upon the removal of the existing feedwater
heater, it was found that shortening of the nozzles on the new heater was required to fit
the existing inlet/outlet feedwater lines. The 10” nozzles are composed of SA350-LF2
heavy wall carbon steel and require special counterbore equipment and personnel to
accommodate welding nozzles to the existing piping, resulting in added labor and
materials to the installation contractor. The total changes to the installation contract are
for $26,608.48 for a final installation contract cost of $110,758.48.
Grand Island Council Session - 11/12/2013 Page 95 / 355
The original Engineer’s estimate for the procurement of the new heater and installation
was $650,000.
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 approval of Change Order #1 to the Feedwater Heater
#5 Installation contract at the Platte Generating Station in the amount of $26,608.48 for a
final contract cost of $110,758.48.
Sample Motion
Move to approve contract Change Order #1 to the Feedwater Heater #5 Installation
contract with Hayes Mechanical, in the amount of $26,608.48 to the contract amount, for
a final contract amount of $110,758.48.
Grand Island Council Session - 11/12/2013 Page 96 / 355
Grand Island Council Session - 11/12/2013 Page 97 / 355
Grand Island Council Session - 11/12/2013 Page 98 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-351
WHEREAS, Hayes Mechanical, of Omaha, Nebraska was awarded the contract
for Feedwater Heater #5 Installation at Platte Generating Station, at the April 9, 2013 City
Council meeting; and
WHEREAS, changes were made to the original vent location which required extra
labor and materials during the installation: and
WHEREAS, shortening of the nozzles on the new heater was necessary to fit the
existing inlet/outlet feedwater lines requiring special counterbore equipment and personnel to
weld the nozzles to the existing piping: and
WHEAREAS, Change Order #1 was prepared for a contract adjustment of an
additional $26,608.48, resulting in a final contract amount of $110,758.48.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Hayes
Mechanical, of Omaha, Nebraska, resulting in an additional cost of $26,608.48 for a final
contract price of $110,758.48, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 99 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-7
#2013-352 - Approving Agreement for Funding with Clean
Community Systems
Staff Contact: Jaye Monter, Finance Director
Grand Island Council Session - 11/12/2013 Page 100 / 355
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:November 12, 2013
Subject:Approving Agreement for Funding with Clean
Community Systems
Item #’s:G-7
Presenter(s):Jaye Monter, Finance Director
Background
At budget time each year, the Grand Island Area – Clean Community System requests
funding from the City of Grand Island. The 2013-2014 fiscal year request remains the
same as the 2012-2013 fiscal year request in the amount of $20,000 for performing
agreed upon services as outlined in the agreement. This amount will represent the
eleventh consecutive year of funding at this level. The City is authorized to establish and
provide for the support of any service, facility, or system required by the Integrated Solid
Waste Management Act. The City has been providing funds to the Clean Community
System since 1987.
Discussion
Funding for the Grand Island Area – Clean Community System was included in the 2013-
2014 budget of the City of Grand Island in the Solid Waste Fund.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the contracts with the Outside Agencies
2.Postpone the issue to future date
3.Modify the resolution to meet the wishes of the Council
Grand Island Council Session - 11/12/2013 Page 101 / 355
Recommendation
City Administration recommends that the Council approve the Outside Agency
agreements.
Sample Motion
Move to approve the Funding Agreements for the Outside Agencies.
Grand Island Council Session - 11/12/2013 Page 102 / 355
Grand Island Council Session - 11/12/2013 Page 103 / 355
Grand Island Council Session - 11/12/2013 Page 104 / 355
Grand Island Council Session - 11/12/2013 Page 105 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-352
WHEREAS, the City is authorized to establish and provide for the support of any
service, facility or system required by the Integrated Solid Waste Management Act; and
WHEREAS, the City desires to contract with Grand Island Area – Clean
Community System to perform certain services associated with environmental education which
are required by the Integrated Solid Waste Management Act; and
WHEREAS, the City agrees to pay Grand Island Area – Clean Community
System $20,000 for performing agreed upon services during the 2013-2014 fiscal year as
outlined in the agreement; and
WHEREAS, such funding was approved by the Mayor and City Council pursuant
to adopted budget statements and annual appropriation ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and
directed to sign on behalf of the City of Grand Island, an agreement by and between the City and
Grand Island Area – Clean Community System to perform services associated with
environmental education.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract with Grand Island Area – Clean Community System on behalf of the
City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 106 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-8
#2013-353 - Approving Agreement for Funding with Central
District Health Department
Staff Contact: Jaye Monter, Finance Director
Grand Island Council Session - 11/12/2013 Page 107 / 355
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:November 12, 2013
Subject:Approving Funding with Central District Health
Department
Item #’s:G-8
Presenter(s):Jaye Monter, Finance Director
Background
At budget time each year, the Central District Health Department (CDHD) requests
funding from the City of Grand Island. The 2013-2014 fiscal year request remains the
same as the 2012-2013 fiscal year request in the amount of $110,740.62. CDHD has
taken proactive measures to contain costs including other revenue sources. This amount
will represent the third consecutive year of funding at this level. City funds continue to
provide CDHD with a means of assuring strong public health programming and services
for the residents of Grand Island.
Discussion
Funding for the Central District Health Department was included in the 2013-2014
budget of the City of Grand Island. No separate agreement is needed with the Central
District Health Department, as there is a current inter-local agreement in place which
details their services.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the funding to the Central District Health Department
2.Postpone the issue to future date
3.Modify the resolution to meet the wishes of the Council
Grand Island Council Session - 11/12/2013 Page 108 / 355
Recommendation
City Administration recommends that the Council approve the Outside Agency
agreements.
Sample Motion
Move to approve the Funding Agreements for the Outside Agencies.
Grand Island Council Session - 11/12/2013 Page 109 / 355
Grand IslandCouncil Session - 11/12/2013Page 110 / 355
Grand IslandCouncil Session - 11/12/2013Page 111 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-353
WHEREAS, the City is authorized to establish and provide for the support of any
service, facility or system required by the Inter-local Agreement between the Central District
Health Department, the City, and Hall, Hamilton and Merrick Counties assigns to all matters and
activities pertaining to public health; and
WHEREAS, the City desires to support the Central District Health Department’s
variety of services and programming designed to protect and promote the health of City
residents, contributing to the quality of life in Grand Island; and
WHEREAS, the City agrees to pay Central District Health Department
$110,740.62 for performing those services during the 2013-2014 fiscal year as outlined in the
Inter-local Agreement; and
WHEREAS, such funding was approved by the Mayor and City Council pursuant
to adopted budget statements and annual appropriation ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and
directed to execute funding on behalf of the City of Grand Island, to the Central District Health
Department.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 112 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-9
#2013-354 - Approving Bid Award for One (1) New Wheel Type
Agricultural Tractor for the Solid Waste Division of the Public
Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 113 / 355
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:November 12, 2013
Subject:Approving Bid Award for One (1) New Wheel Type
Agricultural Tractor for the Solid Waste Division of the
Public Works Department
Item #’s:G-9
Presenter(s):John Collins PE, Public Works Director
Background
On September 28, 2013 the Solid Waste Division of the Public Works Department
advertised for bids for one (1) new wheel type agricultural tractor.
Discussion
Three (3) bids were received and opened on October 15, 2013. The Solid Waste Division
of the Public Works Department and the Purchasing Division of the City Attorney’s
Office have reviewed the bids that were received. The tractor bid by Fairbanks
International of Grand Island, Nebraska listed exceptions to the minimum specifications
advertised, but the exceptions noted are actually items that exceed the minimum
specifications. A summary of the bids is shown below.
Bidder Exceptions Bid
Fairbanks International Noted $72,450.00
Toner’s, Inc.Noted $82,444.00
Green Line Equipment Noted $86,845.21
Funds for this purchase were budgeted for Fiscal Year 2014 and are available in account
number 50530043-85615.
This new tractor will be a front-line, critical piece of equipment that will be used at the
landfill on a daily basis for pulling the alternative daily cover (ADC) machine through the
waste to apply the ADC at the end of each working day as required through NDEQ Title
132 regulations. It will also be used for various other tasks such as pulling a manure
Grand Island Council Session - 11/12/2013 Page 114 / 355
spreader to apply mulch to the intermediate cover areas of the landfill for seeding
purposes, constructing new perimeter litter fencing, etc.
The current tractor at the landfill (pictured below) that is used to perform these duties is
thirteen years old and has had several major maintenance and repair issues over the past
few years. We will simply use the old tractor for mowing and other light-duty purposes
from this point forward.
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 the tractor
from Fairbanks International of Grand Island, NE in the amount of $72,450.00.
Sample Motion
Move to approve the purchase of the tractor from Fairbanks International of Grand
Island, NE in the amount of $72,450.00.
Grand Island Council Session - 11/12/2013 Page 115 / 355
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:October 15, 2013 at 2:00 p.m.
FOR:(1) New Wheel Type Agricultural Tractor
DEPARTMENT:Public Works
ESTIMATE:$90,000.00
FUND/ACCOUNT:50530043-85615
PUBLICATION DATE:September 28, 2013
NO. POTENTIAL BIDDERS:3
SUMMARY
Bidder:Toner’s Fairbanks International
Grand Island, NE Grand Island, NE
Bid Security:Fidelity & Deposit Co.Fidelity & Deposit Co.
Exceptions:Noted Noted
Bid Price:$82,444.00 $72,450.00
Delivery Date:May 1, 2014 90 to 120 days
Bidder:Green Line Equipment
Grand Island, NE
Bid Security:Cashier’s Check
Exceptions:Noted
Bid Price:$86,845.21
Delivery Date:April 30, 2014
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt.
P1679
Grand Island Council Session - 11/12/2013 Page 116 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-354
WHEREAS, the City of Grand Island invited sealed bids for one (1) New Wheel
Type Agricultural Tractor for the Solid Waste Division of the Public Works Department,
according to specifications on file with the Public Works Department; and
WHEREAS, on October 15, 2013 bids were received, opened and reviewed; and
WHEREAS, Fairbanks International of Grand Island, NE 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 $72,450.00; and
WHEREAS, Fairbanks International’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 Fairbanks International of
Grand Island, NE in the net amount of $72,450.00 for one (1) New Wheel Type Agricultural
Tractor is hereby approved as the lowest responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 117 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-10
#2013-355 - Approving Bid Award for One (1) 2014 Model Four
Wheel Drive Front End Loader for the Solid Waste Division of the
Public Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 118 / 355
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:November 12, 2013
Subject:Approving Bid Award for One (1) 2014 Model Four
Wheel Drive Front End Loader for the Solid Waste
Division of the Public Works Department
Item #’s:G-10
Presenter(s):John Collins, P.E., Public Works Director
Background
On October 5, 2013 the Solid Waste Division of the Public Works Department advertised
for a 2014 Model Four Wheel Drive Front End Loader. Funds for the loader are in the
approved 2013/2014 budget.
Discussion
One (1) bid was received and opened on October 17, 2013. The Solid Waste Division of
the Public Works Department and the Purchasing Division reviewed the bid that was
received. The loader bid by Nebraska Machinery Company of Doniphan, NE meets all of
the specifications. This loader is a front-line piece of equipment that is utilized on a daily
basis for pushing and loading solid waste at the Transfer Station for transport to the
Landfill for disposal.
This machine will simply replace the 2010 model loader that is being sold back to
Nebraska Machinery Company in the amount of $108,500. This is the amount guaranteed
by Nebraska Machinery Company from the purchase of the machine back in 2010 from
the total cost of ownership bid process that we typically use to evaluate the most
favorable bid when purchasing equipment. A picture of the machine that we are selling
back to Nebraska Machinery Company is shown below.
Bidder Base Price Repurchasing
Agreement
Net Cost of
Ownership
Nebraska Machinery
Company of Doniphan,
NE
$224,182 4 yrs or 4,000
hrs = $115,000
$109,182
Grand Island Council Session - 11/12/2013 Page 119 / 355
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 the 2014
Model Four Wheel Drive Front End Loader from Nebraska Machinery of Doniphan, NE
for the net cost of $224,182 with a guaranteed repurchase agreement of $115,000.
Sample Motion
Move to approve the purchase of the 2014 Model Four Wheel Drive Front End Loader
from Nebraska Machinery of Doniphan, NE for the net cost of $224,182 with a
guaranteed repurchase agreement of $115,000.
Grand Island Council Session - 11/12/2013 Page 120 / 355
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, 2013 at 2:00 p.m.
FOR:(1) 2014 35,000 lb. 4-Wheel Drive Front End Loader
DEPARTMENT:Public Works
ESTIMATE:$250,000.00
FUND/ACCOUNT:50530040-85615
PUBLICATION DATE:October 5, 2013
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:Nebraska Machinery Company
Doniphan, NE
Bid Security:Travelers Casualty & Surety
Exceptions:None
Base Price:$224,182.00
Trade-in: None
Delivery Date:120 Days
4 yr Repurchase:$115,000.00
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt.
P1681
Grand Island Council Session - 11/12/2013 Page 121 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-355
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2014 Model
Four Wheel Drive Front End Loader 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, 2013 bids were received, opened and reviewed; and
WHEREAS, Nebraska Machinery Company of Doniphan, 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 amount of $224,182.00; and
WHEREAS, Nebraska Machinery Company’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 Nebraska Machinery
Company of Doniphan, Nebraska in the net amount of $224,182.00 for one (1) 2014 Model Four
Wheel Drive Front End Loader is hereby approved as the lowest responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 122 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-11
#2013-356 - Approving State Bid Award for (1) 2014 1/2 Ton 4x4
Extended Cab Pickup for the Solid Waste Division of the Public
Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 123 / 355
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:November 12, 2013
Subject:Approving State Bid Award for (1) 2014 1/2 Ton 4x4
Extended Cab Pickup for the Solid Waste Division of the
Public Works Department
Item #’s:G-11
Presenter(s):John Collins PE, Public Works Director
Background
The Solid Waste Division of the Public Works Department budgeted for a pickup to be
used in the daily operations of the Solid Waste Division. The approved FY 2014 Solid
Waste Division budget includes $27,000.00 for this purchase.
Discussion
The vehicle specifications awarded under State of Nebraska Contract #13634 OC meet all
of the requirements for the Solid Waste Division vehicle. Anderson Ford Lincoln
Mercury of Lincoln, Nebraska submitted a bid in the amount of $25,846.00. There are
sufficient funds for this purchase in Account No. 50530040-85625. This pickup will
replace a 2000 GMC 4x4 pickup (pictured below). Over the past several years, we’ve had
to make multiple costly repairs to the 2000 GMC pickup and we are currently
experiencing transmission problems and other mechanical issues with it as well. The
2000 GMC pickup will be sold at auction.
Grand Island Council Session - 11/12/2013 Page 124 / 355
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
Public Works Administration recommends that the Council approve the State Bid Award
to Anderson Ford Lincoln Mercury in the amount of $25,846.00 for the 2014 F150 4x4
pickup for the Solid Waste Division of the Public Works Department.
Sample Motion
Move to approve the State Bid Award to Anderson Ford Lincoln Mercury in the amount
of $25,846.00 for the 2014 F150 4x4 pickup for the Solid Waste Division of the Public
Works Department.
Grand Island Council Session - 11/12/2013 Page 125 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-356
WHEREAS, the Solid Waste Division of the Public Works Department of the
City of Grand Island budgeted for a vehicle in the 2013/2014 fiscal year; and
WHEREAS, said vehicle, a 2014 Ford F150 4x4 Pickup, can be obtained from the
State Contract Holder; and
WHEREAS, purchasing the vehicle from the State Contract Holder meets all
statutory bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2013/2014 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2014 Ford F150 4x4
Pickup in the amount of $25,846.00 from the State Contract Holder, Anderson Ford Lincoln
Mercury of Lincoln, Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 126 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-12
#2013-357 - Approving Acquisition of Property for the North
Interceptor Phase II, Part A, West Geer Subdivision, South of
Capital Avenue and West of Illinois Avenue (James and Joan
Welton)
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 127 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-357
WHEREAS, the City is interested in acquiring property from James A. & Joan H.
Welton of Aurora, Colorado, for the North Interceptor Phase II, Part A, Gravity Sanitary Sewer
Improvements Project; and more particularly described as follows:
Lot One (1), West Geer Subdivision, in the City of Grand Island, Hall County,
Nebraska; and
WHEREAS, Section 19-709, R.R.S. 1943, authorizes the City to appropriate private
property for use of the City for public facilities; and
WHEREAS, a public hearing for acquisition of such property was held on November 12,
2013 by the Grand Island City Council; and
WHEREAS, the parties have negotiated a purchase price for the property of $20,000.00,
with $248.75 in shared cost, to be paid by the City at closing; and
WHEREAS, the Grand Island Abstract, Escrow & Title Company, as agents of the City
has prepared conveyance documents of such property; and
WHEREAS, the conveyance documents have 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 acquisition of the above-described
property from James A. & Joan H. Welton of Aurora, Colorado, for the purchase price of
$20,000.00, with $248.75 in shared cost is hereby approved; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute conveyance records on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 128 / 355
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-13
#2013-358 - Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Roads for Calendar Year 2014
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 131 / 355
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:November 12, 2013
Subject:Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Roads for Calendar
Year 2014
Item #’s:G-13
Presenter(s):John Collins PE, Public Works Director
Background
Each year the City and the Nebraska Department of Roads enter into an agreement for the
maintenance of Highways within the City Limits. The certification that calendar year
2013 work was performed by the City will be presented at the first January 2014 City
Council meeting. The agreement for 2014 has been prepared. The content and scope of
the agreement is the same as that of previous years.
Discussion
The maintenance responsibilities by statute are detailed in Exhibit A of the agreement.
Calculations for payments are detailed in Exhibit B. Surface maintenance and snow
removal responsibilities from an operational efficiency stand point are detailed in Exhibit
C. The net result of this exchange of services for 2014 will be a payment to the City of
$34,932.00.
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
Grand Island Council Session - 11/12/2013 Page 132 / 355
Recommendation
City Administration recommends that the Council pass a resolution approving
Maintenance Agreement No. 12 for calendar year 2014.
Sample Motion
Move to approve Maintenance Agreement No. 12 for calendar year 2014.
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Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-358
WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into
Maintenance Agreement No. 12 with the State of Nebraska Department of Roads with respect to
the maintenance of state highways within the corporate limits of Grand Island; and
WHEREAS, this agreement requires annual renewal by both parties thereto; and
WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance
Agreement No. 12 to be effective January 1, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between the
City and the State of Nebraska Department of Roads for the term January 1, 2014 through
December 31, 2014 is hereby approved; and the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 137 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-14
#2013-359 - Approving Selection of the Diamond Engineering
Company for the Construction Contract for the State Street and
Capital Avenue Connector Trail Project
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 138 / 355
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:November 12, 2013
Subject:Approving Selection of the Diamond Engineering
Company for the Construction Contract for the State
Street and Capital Avenue Connector Trail Project
Item #’s:G-14
Presenter(s):John Collins, Public Works Director
Background
All agreements must be approved by the City Council.
The Federal-aid Transportation Enhancement (TE) Program provides funding to
construct and restore transportation infrastructure that are not eligible to be funded
through other programs. TE activities offer funding opportunities to help expand
transportation choices and enhance the transportation experience. Project types eligible
for this funding are hike/bike trails, historic preservation, and scenic or historic byways.
Approved projects receive up to 80% Federal funding.
The State Street and Capital Avenue Connector Trail Project will construct a 0.5 mile, 10'
wide concrete recreational trail for bicycle and pedestrian use in northwest Grand Island.
This project will begin on the State Street Trail 0.25 mile west of US Highway 281,
extend north within City right-of-way along the west side of the Moores Creek Drainway,
and end at the west end of the concrete trail that was recently completed along Capital
Avenue under project STPAA-5436 for the Eagle Scout Trail.
A pedestrian bridge will be constructed at the south end of the project over the drainage
ditch that parallels State Street.
The 20% match for the project is provided by the City of Grand Island through the
Capital Improvements Fund.
Discussion
As specified in the Program Agreement with NDOR, the State advertised and conducted
the letting for this project. Two bids were received and opened on October 24, 2013. The
Grand Island Council Session - 11/12/2013 Page 139 / 355
bids were submitted in compliance with the contract, plans and specifications. The bid
tabulations are included with this Council item.
Bidder Exceptions Bid
The Diamond Engineering Company of
Grand Island, NE
None $346,845.74
Van Kirk Sand and Gravel, Inc. of Sutton, NE None $393,450.55
The low bid exceeds the Engineer’s Estimate project total cost of $336,189.50. Public
Works staff reviewed the bids and determined the low bid to be acceptable. A recent
increase in construction activity regionally is considered as one cause for contractors
submitting higher bid prices. Also, unit bid prices for the pedestrian bridge items were
higher than the unit prices in the Engineer’s Estimate, but compared favorably between
the two bidding contractors. It is unlikely that re-advertising the project will result in
lower bids.
The tentative start date for construction is in late summer of 2014. The project is expected
to be completed in late 2014. Public Works staff is currently in the process of negotiating
the scope and fee for Construction Engineering services with The Schemmer Associates,
Inc.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approves the selection of The
Diamond Engineering Company of Grand Island, Nebraska for the Construction Contract
for the State Street and Capital Avenue Connector Trail Project.
Sample Motion
Move to approve the agreement.
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City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-15
#2013-360 - Approving Agreement for Utility Relocation Services
to be performed by the City Utility Department for the Capital
Avenue – Webb Road to Broadwell Avenue Project
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 147 / 355
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:November 12, 2013
Subject:Approving Agreement for Utility Relocation Services
to be performed by the City Utility Department for the
Capital Avenue – Webb Road to Broadwell Avenue
Project
Item #’s:G-15
Presenter(s):John Collins PE, Public Works Director
Background
All agreements must be approved by the City Council.
The Capital Avenue – Webb Road to Broadwell Avenue widening project consists of
removal of the existing two lane asphalt pavement and construction of a 62 foot wide
five-lane concrete roadway. Other planned improvements include construction of
concrete sidewalks, updating of the roadway lighting, and storm sewer improvements.
The project includes construction of a hike/bike trail through the corridor, which will
become the final segment to connect Shoemaker Park to Ashley Park.
The proposed improvements to Capital Avenue start at the intersection of Webb Road
and extend east of Broadwell Avenue approximately 1,000 feet to tie into the existing
roadway. The purpose of this project is to improve local traffic operations, accommodate
future traffic volumes and travel demands, provide continuous pedestrian access, and
correct drainage issues along the Capital Avenue corridor.
This project will receive federal funding through the Surface Transportation Program
(STP), which has typically been applied on an 80/20 basis. However, due to changes
brought about by the new federal highway bill, the Moving Ahead for Progress in the
21st Century Act (MAP-21), federal funding for this project has been capped. Reference
is made to Resolution 2013-141 approved by City Council on May 14, 2013.
The improvements require that utilities owned by the City of Grand Island, Northwestern
Energy and CenturyLink are relocated due to the roadway widening and the construction
of the hike/bike trail.
Grand Island Council Session - 11/12/2013 Page 148 / 355
Discussion
The City of Grand Island Utility Department prepared plans and a cost estimate to
relocate the overhead power infrastructure into right-of-way recently acquired for the
North Interceptor Sewer project on the north side of Capital Avenue. Relocation of the
overhead power lines includes rebuilding underground lines to match. The estimated cost
for relocation of the power infrastructure is $723,353.36.
The City will be reimbursed 80% of the actual costs. The Capital Improvements Program
will fund the City’s share of 20%.
Olsson Associates plans to submit final design plans to the Nebraska Department of
Roads in December, 2013. Acquisition of right-of-way and easements is scheduled to be
completed in July, 2014. Construction of this project is anticipated to begin in 2015.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the agreement for Utility
Relocation Services to be performed by the City Utility Department for the Capital
Avenue – Webb Road to Broadwell Avenue Project.
Sample Motion
Move to approve the agreement.
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Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-360
WHEREAS, the City of Grand Island is proposing a transportation project for
which it would like to obtain Federal Funds; and
WHEREAS, City of Grand Island understands that it must strictly follow all
Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding
of the Federal-aid project; and
WHEREAS, City of Grand Island and Nebraska Department of Roads (NDOR)
wish to enter into a new Project Professional Agreement setting out the various duties and
funding responsibilities for the Federal-aid project, and
WHEREAS, by the City Council of the City of Grand Island that:
Jay Vavricek, Mayor of the City of Grand Island, is hereby authorized to sign the attached
Project Utility Program Agreement between the City of Grand Island and the NDOR.
City of Grand Island is committed to providing local funds for the project as required by the
Project Professional Agreement.
NDOR Project Number: URB-5436(5)
NDOR Control Number: 42707
NDOR Project Name: Capital Avenue from Webb Road to Broadwell Avenue in Grand Island
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2012.
The City Council of the City of Grand Island
John Gericke Vaughn Minton
Chuck Haase Mitch Nickerson
Mike Paulick Peg Gilbert
Linna Dee Donaldson Bob Niemann
Julie Henke
Board/Council Member____________________________ moved the adoption of said resolution
Member_____________________________ seconded the motion
Roll Call: ________Yes _______No ______Abstained _______Absent
Resolution Adopted, signed and billed as adopted
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 194 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-16
#2013-361 - Approving Certificate of Final Completion for the 2013
Asphalt Resurfacing Project No. 2013-AC-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 195 / 355
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:November 12, 2013
Subject:Approving Certificate of Final Completion for the 2013
Asphalt Resurfacing Project No. 2013-AC-1
Item #’s:G-16
Presenter(s):John Collins PE, Public Works Director
Background
Gary Smith Construction Co., Inc. of Grand Island, Nebraska was awarded a $439,184.16
contract on March 26, 2013. Work on the project commenced on June 3, 2013 and was
completed on August 21, 2013.
This year’s work involved asphalt resurfacing on the following streets:
Section #1. Pioneer Boulevard; Blaine Street to Stolley Park Road
Section #2. Northwest Avenue; Capital Avenue to Utah Avenue
Section #3. Fonner Park Road; Pleasant View Drive to Stuhr Road
Section #4. Husker Highway; Regal Drive to concrete header west of US Highway 281
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Work was completed at a total cost of $439,423.75.
The project was overrun by $239.60.
Grand Island Council Session - 11/12/2013 Page 196 / 355
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 Asphalt Resurfacing Project No. 2013-AC-1.
Sample Motion
Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No.
2013-AC-1.
Grand Island Council Session - 11/12/2013 Page 197 / 355
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Asphalt Resurfacing Project No. 2013-AC-1
CITY OF GRAND ISLAND, NEBRASKA
November 12, 2013
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Asphalt Resurfacing Project No. 2013-AC-1 has been fully completed by Gary Smith
Construction Co., Inc. of Grand Island, Nebraska under the contract dated March 26, 2013. 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.
Asphalt Resurfacing Project No. 2013-AC-1
Item
No.Description Total
Quantity Unit Unit Price Total Cost
Bid Section #1 - Pioneer Boulevard, Blaine St to Stolley Park Rd
1 Milling 12,100.00 s.y.$1.42 $17,182.00
2 Asphaltic Concrete, Type SPL (B)989.83 ton $21.50 $21,281.35
3 Performance Graded Binder (64-34)14,231.94 gal $2.84 $40,418.71
4 Tack Coat 1,550.00 gal $1.00 $1,550.00
5 Asphaltic Concrete for Patching, Type SPL (B)148.95 ton $60.00 $8,937.00
Total Bid Section #1 =$89,369.05
Bid Section #2 - Northwest Ave; Capital Ave to Utah Ave
1 Milling 9,700.00 s.y.$2.31 $22,407.00
2 Asphaltic Concrete, Type SPL (B)1,063.10 ton $22.00 $23,388.20
3 Performance Graded Binder (64-34)14,114.32 gal $2.84 $40,084.67
4 Tack Coat 1,575.00 gal $1.00 $1,575.00
5 Asphaltic Concrete for Patching, Type SPL (B)7.50 ton $60.00 $450.00
Total Bid Section #2 = $87,904.87
Bid Section #3 - Fonner Park Rd; Pleasant View Dr to Stuhr Rd
1 Milling 7,200.00 s.y.$1.52 $10,944.00
2 Asphaltic Concrete, Type SPL (B)742.83 ton $22.00 $16,342.26
3 Performance Graded Binder (64-34)9,545.10 gal $2.84 $27,108.08
4 Tack Coat 950.00 gal $1.00 $950.00
5 Earth Shoulder Construction 0.00 sta $50.00 $0.00
6 Seeding, Type B 0.00 acre $1,230.35 $0.00
7 Mulch 0.00 ton $200.00 $0.00
Total Bid Section #3 =$55,344.34
Grand Island Council Session - 11/12/2013 Page 198 / 355
Bid Section #4 - Husker Hwy; Regal Dr to Concrete Header W of US Hwy 281
1 Milling 16,391.00 s.y.$2.15 $35,240.65
2 Asphaltic Concrete, Type SPL (A)2,664.33 ton $21.40 $57,016.66
3 Performance Graded Binder (70-34)33,034.18 gal $3.05 $100,754.25
4 Tack Coat 3,100.00 gal $1.00 $3,100.00
5 Earth Shoulder Construction 106.00 sta $85.00 $9,010.00
6 Seeding, Type B 2.43 acre $1,425.00 $3,462.75
7 Mulch 5.50 ton $200.00 $1,100.00
8 Overlay Broken Line 106.00 sta $10.00 $1,060.00
Total Bid Section #4 =$210,744.31
Bid Section #5 - Miscellaneous
1 Temporary Sign Day 360.00 ea.$12.00 $4,320.00
2 Barricade, Type II 1,560.00 bday $0.50 $780.00
3 Barricade, Type III 88.00 bday $1.25 $110.00
4 Flagging 28.50 day $150.00 $4,275.00
5
Job Mix Design for Asphaltic Concrete, Type
SPL (A)1.00 ea.$450.00 $450.00
6
Job Mix Design for Asphaltic Concrete, Type
SPL (B)1.00 ea.$450.00 $450.00
7 Adjust Manhole to Grade 0.00 ea.$300.00 $0.00
Bid Section #5 =$10,385.00
Alternate Bid Section
1
Millings from Bid Section #1 - City to haul to
Contractor salvage -12,100.00 s.y.$0.30 -$3,630.00
2
Millings from Bid Section #2 - City to haul to
Contractor salvage -9,700.00 s.y.$0.40 -$3,880.00
3
Millings from Bid Section #4 - City to haul to
Contractor salvage -16,391.00 s.y.$0.24 -$3,933.84
4
Millings from Bid Section #3 - City to haul and
retain millings -7,200.00 s.y.$0.40 -$2,880.00
Alternate Bid Section =-$14,323.84
Grand Total =$439,423.75
Item
I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No.
2013-AC-1 be approved.
_______________________________________________________________________________
John Collins, PE - City Engineer/Public Works Director Jay Vavricek – Mayor
Grand Island Council Session - 11/12/2013 Page 199 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-361
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for Project No. 2013-AC-1, Asphalt Resurfacing,
certifying that Gary Smith Construction Co., Inc. of Grand Island, Nebraska, under contract, has
completed the asphalt resurfacing; 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
Project No. 2013-AC-1, Asphalt Resurfacing, in the amount of $439,423.75, is hereby
confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 200 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-17
#2013-362 - Approving Certificate of Final Completion for the 2013
Asphalt Resurfacing Project No. 2013-AC-2
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 201 / 355
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:November 12, 2013
Subject:Approving Certificate of Final Completion for the 2013
Asphalt Resurfacing Project No. 2013-AC-2
Item #’s:G-17
Presenter(s):John Collins PE, Public Works Director
Background
Gary Smith Construction Co., Inc. of Grand Island, Nebraska was awarded a $162,197.75
contract on May 14, 2013. Work on the project commenced on June 17, 2013 and was
completed on August 20, 2013.
The section of Old Potash Highway, 200 feet west of North Road to US Highway 281
was resurfaced in this second asphalt project for this construction season.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Work was completed at a total cost of $158,479.88.
The project was underrun by $3,717.87.
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 - 11/12/2013 Page 202 / 355
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Asphalt Resurfacing Project No. 2013-AC-2.
Sample Motion
Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No.
2013-AC-2.
Grand Island Council Session - 11/12/2013 Page 203 / 355
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Asphalt Resurfacing Project No. 2013-AC-2
CITY OF GRAND ISLAND, NEBRASKA
November 12, 2013
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Asphalt Resurfacing Project No. 2013-AC-2 has been fully completed by Gary Smith
Construction Co., Inc. of Grand Island, Nebraska under the contract dated May 14, 2013. 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.
Asphalt Resurfacing Project No. 2013-AC-2
Item
No.Description Total
Quantity Unit Unit Price Total Cost
Bid Section #1 - Old Potash Hwy; 200' W of North Road to US Hwy 281
1 Milling 12,700.00 s.y.$2.02 $25,654.00
2 Asphaltic Concrete, Type SPL (A)1,965.49 ton $22.20 $43,633.88
3 Performance Graded Binder (70-34)23,632.50 ton $3.10 $73,260.75
4 Tack Coat 2,550.00 gal $0.90 $2,295.00
5
Asphaltic Concrete for Patching, Type SPL
(A)0.00 ton $40.00 $0.00
6 Earth Shoulder Construction 80.60 sta $75.00 $6,045.00
7 Seeding, Type B 2.00 acre $1,425.00 $2,850.00
8 Mulch 3.00 ton $200.00 $600.00
9 Overlay Broken Line 106.00 sta $5.00 $530.00
10 Temporary Sign Day 294.00 ea.$4.00 $1,176.00
11 Barricade, Type II 693.00 bday $0.50 $346.50
12 Barricade, Type III 21.00 bday $1.25 $26.25
13 Flagging 27.50 day $75.00 $2,062.50
14
Job Mix Design for Asphaltic Concrete,
Type SPL (A)1.00 ea.$0.00 $0.00
Total Bid Section #1 =$158,479.88
Grand Total =$158,479.88
I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No.
2013-AC-2 be approved.
_______________________________________________________________________________
John Collins, PE – City Engineer/Public Works Director Jay Vavricek – Mayor
Grand Island Council Session - 11/12/2013 Page 204 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-362
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for Project No. 2013-AC-2, Asphalt Resurfacing,
certifying that Gary Smith Construction Co., Inc. of Grand Island, Nebraska, under contract, has
completed the asphalt resurfacing; 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
Project No. 2013-AC-2 Asphalt Resurfacing, in the amount of $158,479.88, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 205 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-18
#2013-363 - Approving Certificate of Final Completion for the 2013
Chip Seal Project No. 2013-CS-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 206 / 355
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:November 12, 2013
Subject:Approving Certificate of Final Completion for the 2013
Chip Seal Project No. 2013-CS-1
Item #’s:G-18
Presenter(s):John Collins PE, Public Works Director
Background
Gary Smith Construction Co., Inc. of Grand Island, Nebraska was awarded a
$104,020.00.00 contract on March 12, 2013. Work on the project commenced on
September 3, 2013 and was completed on September 20, 2013.
This year’s planned work involved chip sealing on the following City streets.
Section #1. Southbound driving lanes, and left turn bays, of South Locust Street from
approximately ¾ miles south of US Highway 34 to approximately ½ mile north of
Interstate 80. The inside 3’ shoulder and the outside 8’ shoulders were treated with a
double application of fog seal.
Section #2. The on and off ramps at the US Highway 281 and Nebraska Highway 2
Interchange. No treatment was required for the shoulders of the ramps.
After discussion with local Nebraska Department of Roads (NDOR) Maintenance
Division officials, it was decided to chip seal the section of US Highway 30 from
Engleman Road to Husker Highway, which is within the City Limits. The placement of
chip seal will preserve the roadway and reduce maintenance work until this section is
resurfaced by NDOR. The northbound US-281 on-ramp and the southbound US-281 off-
ramp locations were eliminated to accommodate the added location on US Highway 30.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Work was completed at a total cost of $110,044.50.
Grand Island Council Session - 11/12/2013 Page 207 / 355
The project was overrun by a total of $6,024.50, due to estimated plan quantities of
temporary traffic control items being too low.
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 the 2013 Chip Seal Project No. 2013-CS-1.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/12/2013 Page 208 / 355
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Chip Seal Project No. 2013-CS-1
CITY OF GRAND ISLAND, NEBRASKA
November 12, 2013
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Chip Seal Project No. 2013-CS-1 has been fully completed by Gary Smith Consturction
Co., Inc. of Grand Island, Nebraska under the contract dated March 12, 2013. 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.
Chip Seal Project No. 2013-CS-1
Item
No.Description Total
Quantity Unit Unit Price Total Cost
1 Chip Seal Aggregate 422.49 c.y.$75.00 $31,686.75
2 Chip Seal Emulsified Asphalt 12,325.00 Gal $3.55 $43,753.75
3 Fog Seal 3,600.00 Gal $3.55 $12,780.00
4 Temporary Sign Day 79.00 Ea.$20.00 1,580.00
5 Barricade, Type II 1,080.00 Bday $10.00 $10,800.00
6 Barricade, Type III 6.00 Bday $10.00 $60.00
7 Temporary Raised Pavement Marker (Yellow)143.00 Ea.$2.00 $286.00
8 Temporary Raised Pavement Marker (White)532.00 Ea.$1.50 $798.00
9 Flagging 8.00 Day $300.00 $2,400.00
10 Flashing Arrow Panel 8.00 Day $50.00 $400.00
11 Mobilization 1.0 l.s.$5,500.00 $5,500.00
Total Bid Section =$110,044.50
Item
I hereby recommend that the Engineer’s Certificate of the 2013 Chip Seal Project No. 2013-CS-1 be approved.
_______________________________________________________________________________
John Collins, PE – Public Works Director Jay Vavricek – Mayor
Grand Island Council Session - 11/12/2013 Page 209 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-363
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for the 2013 Chip Seal Project No. 2013-CS-1,
certifying that Gary Smith Construction Co., Inc. of Grand Island, Nebraska, under contract, has
completed the improvement 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
the 2013 Chip Seal Project No. 2013-CS-1, in the amount of $110,044.50, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 210 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-19
#2013-364 - Approving Certificate of Final Completion for
Handicap Ramp Project No. 2013-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 211 / 355
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:November 12, 2013
Subject:Approving Certificate of Final Completion for Handicap
Ramp Project No. 2013-1
Item #’s:G-19
Presenter(s):John Collins PE, Public Works Director
Background
Galvan Construction, Inc. of Grand Island, Nebraska was awarded a $99,480.50 contract
for the above project on March 12, 2013. The contract was for the installation of
handicap ramps near elementary schools; Jefferson, Lincoln, Dodge, Wasmer and Gates.
Work commenced on May 10, 2013 and was completed on November 1, 2013.
The project plans were prepared with estimated quantities at each curb ramp area. Any
required changes are made in the field as the project is being built, dependent on the
condition of the sidewalks and curb & gutter.
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of
the contract, plans and specifications. It was completed with an overrun of $2,861.44, for
a total cost of $102,341.94.
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 - 11/12/2013 Page 212 / 355
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Handicap Ramp Project No. 2013-1.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/12/2013 Page 213 / 355
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Handicap Ramp Project No. 2013-1
CITY OF GRAND ISLAND, NEBRASKA
November 12, 2013
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Handicap Ramp Project No. 2013-1 has been fully completed by Galvan Construction,
Inc. of Grand Island, Nebraska under the contract dated March 12, 2013. 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.
Handicap Ramp Project No. 2013-1
Item No.Description Total
Quantity Unit Unit Price Total Cost
1 Remove 4"-6" Sidewalk 1,184.71 s.f.$2.00 $2,369.42
2 Remove 22" Curb & Gutter 191.70 l.f.$5.50 $1,054.35
3 Remove 24" Curb & Gutter 136.60 l.f.$6.00 $819.60
4 Remove Integral Curb 19.30 l.f.$1.00 $19.30
5 Remove Vertical Curb 0.00 l.f.$10.00 $0.00
6 Remove 6" Portland Cement Concrete 4.81 s.y.$25.00 $120.25
7 Saw Cut 74.39 l.f.$3.50 $260.37
8 Build 4" Sidewalk 1,364.70 s.f.$3.00 $4,094.10
9 Build 22" Curb & Gutter 191.70 l.f.$16.50 $3,163.05
10 Build 24" Curb & Gutter 156.70 l.f.$18.50 $2,898.95
11 Seed Area 28.61 s.y.$3.50 $100.14
12 Sod Area 114.08 s.y.$5.50 $627.44
13 Place Warning Plates (2x4)27.00 ea.$235.00 $6,345.00
14 Landscaping & Sprinkler Repair 1.00 l.s.$500.00 $500.00
15 Traffic Control 1.00 l.s.$500.00 $500.00
$22,871.96
1 Remove 4"-6" Sidewalk 1658.80 s.f.2.00$ 3,317.60$
2 Remove 24" Curb & Gutter 0.00 l.f.5.50$ -$
3 Remove 30" Curb & Gutter 20.00 l.f.6.00$ 120.00$
4 Remove Integral Curb 340.00 l.f.1.00$ 340.00$
5 Remove 6" Portland Cement Concrete 94.18 s.y.15.00$ 1,412.70$
6 Saw Cut 302.00 l.f.3.50$ 1,057.00$
7 Build 4" Sidewalk 1885.35 s.f.3.00$ 5,656.05$
8 Build 6" Portland Cement Concrete 7.24 s.y.30.00$ 217.20$
9 Build 6" Integral Curb 8.00 l.f.2.25$ 18.00$
10 Build 24" Curb & Gutter 99.20 l.f.18.50$ 1,835.20$
11 Build 30" Curb & Gutter 233.60 l.f.20.50$ 4,788.80$
12 Seed Area 58.66 s.y.3.50$ 205.31$
13 Sod Area 105.18 s.y.5.50$ 578.49$
14 Place Warning Plates (2x4)24.00 ea.235.00$ 5,640.00$
15 Landscaping & Sprinkler Repair 1.00 l.s.500.00$ 500.00$
16 Traffic Control 1.00 l.s.500.00$ 500.00$
$26,186.35
Bid Section A - Jefferson School Area
Total Bid Section A =
Bid Section B - Lincoln School Area
Total Bid Section B =
Grand Island Council Session - 11/12/2013 Page 214 / 355
1 Remove 4"-6" Sidewalk 1471.09 s.f.2.00$ 2,942.18$
2 Remove 20" Curb & Gutter 8.30 l.f.5.50$ 45.65$
3 Remove 22" Curb & Gutter 115.10 l.f.5.50$ 633.05$
4 Remove 24" Curb & Gutter 159.70 l.f.6.00$ 958.20$
5 Remove Integral Curb 11.00 l.f.1.00$ 11.00$
6 Remove Vertical Curb 24.10 l.f.10.00$ 241.00$
7 Remove 6" Portland Cement Concrete 2.40 s.y.20.00$ 48.00$
8 Saw Cut 57.21 l.f.3.50$ 200.24$
9 Build 4" Sidewalk 1565.79 s.f.3.00$ 4,697.37$
10 Build 6" Porltand Cement Concrete 0.00 s.y.30.00$ -$
11 Build 20" Curb & Gutter 8.30 l.f.15.50$ 128.65$
12 Buld 22" Curb & Gutter 115.10 l.f.16.50$ 1,899.15$
13 Build 24" Curb & Gutter 159.70 l.f.18.50$ 2,954.45$
14 Build 6" Vertical Curb 0.00 l.f.20.00$ -$
15 Adjust Stop Box 1.00 ea.100.00$ 100.00$
16 Seed Area 0.00 s.y.3.50$ -$
17 Sod Area 61.99 s.y.5.50$ 340.95$
18 Place Warning Plates (2x4)19.00 ea.$235.00 4,465.00$
19 Landscaping & Sprinkler Repair 1.00 l.s.$500.00 500.00$
20 Traffic Control 1.00 l.s.$500.00 500.00$
$20,664.88
1 Remove 4"-6" Sidewalk 1157.38 s.f.2.00$ 2,314.76$
2 Remove 20" Curb & Gutter 12.10 l.f.5.50$ 66.55$
3 Remove 24" Curb & Gutter 145.00 l.f.6.00$ 870.00$
4 Remove 30" Curb & Gutter 19.00 l.f.6.50$ 123.50$
5 Remove 36" Curb & Gutter 23.00 l.f.7.00$ 161.00$
6 Remove Integral Curb 3.00 l.f.1.00$ 3.00$
7 Remove 6" Portland Cement Concrete 1.23 s.y.50.00$ 61.50$
8 Remove Brick Walk 116.80 s.f.2.00$ 233.60$
9 Saw Cut 47.48 l.f.3.50$ 166.18$
10 Build 4" Sidewalk 1307.44 s.f.3.00$ 3,922.32$
11 Build 20" Curb & Gutter 12.10 l.f.15.50$ 187.55$
12 Build 24" Curb & Gutter 145.00 l.f.18.50$ 2,682.50$
13 Build 30" Curb & Gutter 20.00 l.f.20.50$ 410.00$
14 Build 36" Curb & Gutter 23.00 l.f.22.75$ 523.25$
15 Build 6" Vertical Curb 16.00 l.f.10.00$ 160.00$
16 Seed Area 169.89 s.y.3.50$ 594.62$
17 Sod Area 30.14 s.y.5.50$ 165.77$
18 Remove & Replace Chain Link Fence 20.00 l.f.20.00$ 400.00$
19 Place Warning Plates (2x4)16.00 ea.$235.00 3,760.00$
20 Landscaping & Sprinkler Repair 1.00 l.s.$500.00 500.00$
21 Traffic Control 1.00 l.s.$500.00 $500.00
$17,806.10
1 Remove 4"-6" Sidewalk 940.87 s.f.2.00$ 1,881.74$
2 Remove 24" Curb & Gutter 16.2 l.f.6.00$ 97.20$
3 Remove Integral Curb 217.3 l.f.1.00$ 217.30$
4 Remove 6" Portland Cement Concrete 68.62 s.y.15.00$ 1,029.30$
5 Saw Cut 186.35 l.f.3.50$ 652.23$
6 Build 4" Sidewalk 917.57 s.f.3.00$ 2,752.71$
7 Build 6" Portland Cement Concrete 26.98 s.y.30.00$ 809.40$
8 Build 6" Integral Curb 35.1 l.f.2.25$ 78.98$
9 Build 24" Curb & Gutter 26.1 l.f.18.50$ 482.85$
10 Build 30" Curb & Gutter 155.1 l.f.20.50$ 3,179.55$
11 Seed Area 35.83 s.y.3.50$ 125.41$
12 Sod Area 71.09 s.y.5.50$ 391.00$
13 Place Warning Plates (2x4)9.00 ea.$235.00 2,115.00$
14 Landscaping & Sprinkler Repair 1.00 l.s.$500.00 500.00$
15 Traffic Control 1.00 l.s.$500.00 500.00$
$14,812.65
$102,341.94Grand Total =
Bid Section C - Dodge School Area
Total Bid Section C =
Bid Section D - Wasmer School Area
Total Bid Section C =
Bid Section E - Gates School Area
Total Bid Section C =
I hereby recommend that the Engineer’s Certificate of Final Completion for Handicap Ramp Project No. 2013-1
be approved.
_______________________________________________________________________________
John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor
Grand Island Council Session - 11/12/2013 Page 215 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-364
WHEREAS, the City Engineering/Public Works Director for the City of Grand
Island issued a Certificate of Final Completion for Project No. 2013-1, installation of Handicap
Ramps, certifying that Galvan Construction Co., of Grand Island, Nebraska, under contract, has
completed the handicap ramp installation; 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
Project No. 2013-1, installation of handicap ramps, is hereby confirmed, for a total project cost
of $102,341.94.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 216 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-20
#2013-365 - Approving Change Order No. 3 for 5th Street Sanitary
Sewer Improvements; Project No. 2012-S-3
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 217 / 355
Council Agenda Memo
From:Marvin Strong PE, Wastewater Plant Engineer
Meeting:November 12, 2013
Subject:Approving Change Order No. 3 for 5th Street Sanitary
Sewer Improvements; Project No. 2012-S-3
Item #’s:G-20
Presenter(s):John Collins PE, Public Works Director
Background
On October 4, 2012 the Engineering Division of the Public Works Department advertised
for bids for the 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3.
The completed project provides a new interceptor sewer line added along the south side
of 5th Street from Eddy Street to the Vine Street. The sewer line size will be a twenty-one
(21) inch line with an approximate length of thirty seven hundred (3,700) feet.
The existing 15-inch vitrified clay sewer line that is located in the alley between 4th
Street and 5th Street from Eddy Street to Vine Street will be rehabilitated with a
combination of spot repairs and the installation of a Cured In Place Pipe (CIPP) liner.
On August 28, 2012, Resolution 2012-360, City Council awarded, Project 2012-S-3, 5th
Street Sanitary Sewer Improvements to The Van Kirk Brothers Contracting of Sutton,
Nebraska, in the amount of $1,734,105.93.
Community Development Block Grant has allocated revitalization funds to a portion of
the project in the amount of $499,638.70.
On July 23, 2013, Resolution 2013-241, City Council approved Change Order No. 1 for a
construction time extension of forty-five (45) days in bid section “A”, and construction
time extension of thirty-one (31) days in bid section “B”.
On August 27, 2013, Resolution 2013-282, City Council approved Change Order No. 2
to balance the construction bid unit quantity measurements based on the actual field
measurements from final installed work for bid section “B”, resulting in a cost reduction
of $(162,005.32).
Grand Island Council Session - 11/12/2013 Page 218 / 355
Discussion
Change Order No. 3 provides for actual quantities placed within bid section “A” of this
project, resulting in an increase of $92,432.21 for a revised contract amount of
$1,664,532.82. The increase is due primarily to additional pavement removal and
replacement. A summary of this change order is attached for your reference.
Public Works staff and the consulting engineer Olsson Associates have reviewed such
changes and believe them to be necessary for a quality 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 Change Order No. 3, in the
amount of $92,432.21, with The Van Kirk Brothers of Sutton, Nebraska for 5th Street
Sanitary Sewer Improvements, Project 2012-S-3.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/12/2013 Page 219 / 355
Grand Island Council Session - 11/12/2013 Page 220 / 355
Grand Island Council Session - 11/12/2013 Page 221 / 355
Approved as to Form ¤ ___________
August 27, 2013 ¤ City Attorney
R E S O L U T I O N 2013 365
WHEREAS, On August 28, 2012, Resolution 2012-360, City Council awarded,
Project 2012-S-3, 5th Street Sanitary Sewer Improvements to The Van Kirk Brothers
Contracting of Sutton, Nebraska, in the amount of $1,734,105.93; and
WHEREAS, On July 23, 2013, Resolution 2013-241, City Council approved
Change Order No. 1 incorporating additional construction calendar days into the contract; and
WHEREAS, on August 27, 2013, by Resolution No. 2013-282, City Council
approved Change Order No. 2 to balance the construction bid unit quantity measurements based
on the actual field measurements from final installed work for bid section “B”, resulting in a cost
reduction of $(162,005.32); and
WHEREAS, Change Order No. 3 is necessary to provide for actual quantities
placed within bid section “A” of such project, resulting in an increase of $92,432.21 for a revised
contract amount of $1,664,532.82; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order No. 3, in the amount of
$92,432.21 for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 with The Van
Kirk Brothers Contracting of Sutton, Nebraska is hereby approved for a revised contract amount
of $1,664,532.82.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute Change Order No. 3 on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 222 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-21
#2013-366 - Approving Certificate of Final Completion for 5th
Street Sanitary Sewer Improvements; Project No. 2012-S-3 Bid
Section “A”
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 223 / 355
Council Agenda Memo
From:Marvin Strong PE, Wastewater Plant Engineer
Meeting:November 12, 2013
Subject:Approving Certificate of Final Completion for 5th Street Sanitary
Sewer Improvements; Project No. 2012-S-3 Bid Section “A”
Item #’s:G-21
Presenter(s):John Collins PE, Public Works Director
Background
The project “5th Street Sanitary Sewer Improvements” Project No. 2012-S-3 was awarded to The
Van Kirk Brothers Contracting of Sutton, Nebraska on December 18, 2012 in the amount of
$1,734,105.93.
Community Development Block Grant has allocated revitalization funds to a portion of the project
in the amount of $499,638.70.
On July 23, 2013, Resolution 2013-241, City Council approved Change Order No. 1 for a
construction time extension of thirty-one (31) days in bid section “B”.
On August 27, 2013 Resolution 2013-282, City Council approved Change Order No. 2 in
balancing the construction bid unit quantities measurements based on the actual field
measurements from final installed work for bid section “B” in cost reduction amount of
$(162,005.32.00).
City Council approved Change Order No. 3 on November 12, 2013 to provide for actual
quantities placed within bid section “A” of such project, resulting in an increase of $92,432.21
for a revised contract price of $1,664,532.82.
Bid Section “B” of this project was finaled out by Resolution No. 2013-283, in the amount of
$337,633.38.
Discussion
The engineer for the project, Black & Veatch of Kansas City, Missouri, and Olsson Associates of
Grand Island with City Staff have reviewed the completed work and have issued a certificate of
Grand Island Council Session - 11/12/2013 Page 224 / 355
final completion in accordance with the terms, conditions, and stipulations of the contract, the
plans, and the specifications.
The project was completed at a total cost of $1,326,899.44.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve a resolution authorizing the Certificate of Final Completion.
2.Refer the issue to a Committee.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
Public Works Administration recommends that the Council approve the Certificate of Final
Completion for the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section
“A”.
Sample Motion
Move to approve the Certificate of Final Completion for the 5th Street Sanitary Sewer
Improvements, Project No. 2012-S-3, Bid Section “A”.
Grand Island Council Session - 11/12/2013 Page 225 / 355
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
5th Street Sanitary Sewer Improvements
Bid Section “A”
Project No. 2012-S-3
November 12, 2013
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid
Section “A” has been completed by The Van Kirk Brothers Contracting of Sutton, Nebraska
under contract dated January 18, 2013. The work has been completed in accordance with the
terms, conditions, and stipulations of said contract and complies with the contract, the plans,
and the specifications. The work is hereby accepted with the provisions of Section 16-650
R.R.S., 1943.
It is further certified that the improvements as constructed include the following items and
costs and that this certificate shall constitute the Final Payment for this work.
5th STREET SANITARY SEWER IMPROVEMENTS, PROJECT 2012-S-3, BID
SECTION “A”
5th Street Sanitary Sewer Improvements; Bid Section “A”: $ 1,234,467.23
Change Order No. 3,$ 92,432.21
TOTAL PROJECT COST $ 1,326,899.44
SUMMARY OF OTHER COST
Advertising $ 0.00
TOTAL OTHER COST $ 0.00
TOTAL COST OF:
5th Street Sanitary Sewer Improvements
PROJECT 2012-S-3 $ 1,326,899.44
Grand Island Council Session - 11/12/2013 Page 226 / 355
Respectfully submitted,
John Collins, P.E.
Director of Public Works
November 12, 2013
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for 5th Street
Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “A” be approved.
Respectfully submitted,
Jay Vavricek
Mayor
Grand Island Council Session - 11/12/2013 Page 227 / 355
Approved as to Form ¤ ___________
August 27, 2013 ¤ City Attorney
R E S O L U T I O N 2013-366
WHEREAS, the Engineer, Black & Veatch of Kansas City, Missouri, and Olsson
Associates of Grand Island issued a Certificate of Final Completion for the 5th Street Sanitary
Sewer Improvements, Project No. 2012-S-3, Bid Section “A” certifying that The Van Kirk
Brothers Contracting of Sutton, Nebraska, completed such project according to the terms,
conditions, and stipulations of the contract, plans and specifications for such improvements; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the Engineer’s certificate of final completion; 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
the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “A” is hereby
confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_____________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 228 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-22
#2013-367 - Approving Authorization for Emergency Sanitary
Sewer Repairs on North Interceptor (East end of 7th Street/4th
Street/Sky Park Road)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 229 / 355
Council Agenda Memo
From:Marvin Strong PE, Wastewater Plant Engineer
Meeting:November 12, 2013
Subject:Approving Authorization for Emergency Sanitary Sewer
Repairs on North Interceptor (East end of 7th Street/4th
Street/Sky Park Road)
Item #’s:G-22
Presenter(s):John Collins PE, Public Works Director
Background
Emergency sanitary sewer repairs are needed for a collapsing sanitary sewer line within
the North Interceptor area of 7th Street and Sky Park Road.
Discussion
Merryman Excavation of Woodstock, Illinois was hired by providing a quote of
$45,850.01 to effect the necessary repairs. Contact was made with two other contractors,
The Diamond Engineering Company of Grand Island, Nebraska who submitted a quote
of $83,000.00 and O’Hara Plumbing Company of Grand Island, Nebraska was not
available to do the work.
Merryman Excavation will be paid based on actual time and materials incorporated into
the repair work, invoice is attached for reference. Since the total is over $20,000.00
council approval is necessary. We are requesting permission to use the emergency
procurement procedures as outlined in Section 27-13 of the City Code.
Summary of total costs included in this repair are shown in the following table.
Vendor Item Price
Merryman Excavation
Mobilization $13,700.00
Crew $3,250.00
Trench Backfill $1,656.00
Bedding $398.00
Concrete $874.00
Grand Island Council Session - 11/12/2013 Page 230 / 355
Misc Lumber $148.00
Merryman Excavation Total $20,026.00
Nebraska Machinery Company
Godwin Pump $31,694.00
Discharger Hose – 8x30 $2,790.00
8” 90 Degree Elbow $1,050.00
Suction Hose $150.00
Discharger Hose – 8x50 $1,320.00
Miscellaneous items $2,265.30
Nebraska Machinery Company Total $39,269.30
The Island Supply Company
Bolts $60.00
The Island Supply Company Total $60.00
Kelly Supply Company
Washers, Nuts & Bolts $56.26
Kelly Supply Company Total $56.26
Menards
T-Post & Fence Supplies $51.40
Menards Total $51.40
Grand Total $59,462.96
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 usage of the City’s
Emergency Procurement Procedures and pass a resolution authorizing payment of the
vendors listed with the corresponding amounts for the necessary sanitary sewer main
repairs.
Sample Motion
Move to approve the usage of the City’s Emergency Procurement Procedures and
authorize payment of the vendors listed with the corresponding amounts for the necessary
sanitary sewer main repairs.
Grand Island Council Session - 11/12/2013 Page 231 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-367
WHEREAS, the Wastewater Division of the Public Works Department needed to
perform an emergency sanitary sewer repair on the east end of 7th Street/4th Street/ Sky Park
Road (part of the North Interceptor); and
WHEREAS, permission is requested to use the emergency procurement
procedures as outlined in Section 27-13 of the City Code; and
WHEREAS, Merryman Excavation of Woodstock, Illinois has been hired to do
said repairs, with a quote of $45,850.01; and
WHERAS, two other contractors were contacted for quotes, The Diamond
Engineering Company of Grand Island, Nebraska quoted a price of $83,000.00, and O’Hara
Plumbing of Grand Island, Nebraska wasn’t available to perform the work; and
WHEREAS, such repairs consisted of the following expenses:
Vendor Item Price
Merryman Excavation
Mobilization $13,700.00
Crew $3,250.00
Trench Backfill $1,656.00
Bedding $398.00
Concrete $874.00
Misc Lumber $148.00
Merryman Excavation Total $20,026.00
Nebraska Machinery Company
Godwin Pump $31,694.00
Discharger Hose – 8x30 $2,790.00
8” 90 Degree Elbow $1,050.00
Suction Hose $150.00
Discharger Hose – 8x50 $1,320.00
Miscellaneous items $2,265.30
Nebraska Machinery Company Total $39,269.30
The Island Supply Company
Bolts $60.00
The Island Supply Company Total $60.00
Kelly Supply Company
Washers, Nuts & Bolts $56.26
Kelly Supply Company Total $56.26
Menards
T-Post & Fence Supplies $51.40
Menards Total $51.40
Grand Total $59,462.96
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
Grand Island Council Session - 11/12/2013 Page 232 / 355
- 2 -
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repair on the east
end of 7th Street/ 4th Street/ Sky Park Road, in the total amount of $59,462.96 is hereby
approved; with payments detailed herein to the vendors listed with the corresponding amounts.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 233 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-23
#2013-368 - Approving Purchasing/Buying Group for all City
Departments (Admin Minnesota)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/12/2013 Page 234 / 355
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:November 12, 2013
Subject:Approving Purchasing/Buying Group for all City
Departments (Admin Minnesota)
Item #’s:G-23
Presenter(s):John Collins PE, Public Works Director
Background
Grand Island City Council amended the City’s purchasing/procurement policy to allow
the use of buying groups. The Grand Island Public Works Department would like to
utilize the Admin Minnesota Materials Management Division buying group to facilitate
purchases of construction equipment, traffic signal LED bulbs, traffic signal controllers
and other components. Initially this would be used as a budgeting tool because each type
of item has a list of manufacturers and their submitted prices, including options.
Discussion
The Public Works Department requests the City of Grand Island join the Admin
Minnesota Materials Management Division buying group to facilitate future purchases.
The buying group is free to join and there is no obligation to buy. The buying group is
used by government and non-profit corporations to make purchases of specialty
equipment. The Admin Minnesota Materials Management Division utilizes the same
process as the state bidding to ensure the lowest price to the end user.
There would be some overlap with the State of Nebraska contracts but there are
commodities and equipment that the State of Nebraska does not purchase through
contracts that match our needs or specifications. For example, Grand Island has different
traffic signal needs than the State because of the difference in the number that we
maintain. The equipment used and specified by the NDOR is usually larger than needed
by the City since the majority of our work is in residential/municipal areas not rural
highway. The joint purchasing venture specifies a variety of sizes and models for each
type of equipment so we would be able to find a closer match to our needs/restrictions.
Grand Island Council Session - 11/12/2013 Page 235 / 355
The City’s Legal Department has reviewed this group and it complies with City Code
purchasing requirements.
By joining the Admin Minnesota Materials Management Division, the Public Works
Department and other City departments will be able to utilize this buying group for future
purchases.
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 use of Admin Minnesota
Materials Management Division as an authorized buying group.
Sample Motion
Move to allow Admin Minnesota Materials Management Division to be added to the list
of approved buying groups or vendors for future purchases.
Grand Island Council Session - 11/12/2013 Page 236 / 355
Grand Island Council Session - 11/12/2013 Page 237 / 355
Grand Island Council Session - 11/12/2013 Page 238 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-368
WHEREAS, the City of Grand Island amended the City purchasing policy to allow the
use of buying groups on May 28, 2013; and
WHEREAS, on June 25, 2013, by Resolution No. 2013-193 the City Council approved
adding Houston Galveston Area Council (H-GAC) to the list of buying groups; and
WHEREAS, Admin Minnesota Materials Management Division is another buying group
used by government agencies; and
WHEREAS, joining the Admin Minnesota Materials Management is free of charge and
offers increased buying power to the City of Grand Island; and
WHEREAS, the Grand Island Public Works Department and all other City departments
would have the option of utilizing this buying group for upcoming purchases.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City be authorized to join the
Admin Minnesota Materials Management Division and authorizes the Mayor to sign the contract
for entry.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 239 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item G-24
#2013-369 - Approving Final Plat and Subdivision Agreement for
Platte Valley Industrial Park Ninth Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/12/2013 Page 240 / 355
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 26, 2013
Subject: Platte Valley Industrial Park 9th Subdivision - Final Plat
Item #’s: G-24
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Wildwood Drive and east of US Hwy 281. This final
plat proposes to create 2 Lots, in the City of Grand Island, said tract containing 7.451
acres. Discussion
The revised plat for Platte Valley Industrial Park 9th Subdivision was considered by the Regional Planning Commission at the November 6, 2013 meeting.
A motion was made by Haskins and seconded by Ruge to approve the plat as presented.
A motion was also made to approve the Final Plat for Platte Valley Industrial Park 9th
Subdivision. A roll call vote was taken and the motion passed with 7 members present and voting in
favor (Snodgrass, McCarty, O’Neill, Bredthauer, Ruge, Reynolds and Haskins) and no
one voting against.
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 - 11/12/2013 Page 241 / 355
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/12/2013 Page 242 / 355
Platte Valley Industrial Developer/Owner
GMD LLC, Gerald A. Huismann, Managing Member 3556 West Old Hwy 30
Grand Island NE 68803
To create 2 lots west Gold Core Rd., north of Wildwood Drive and east of US Hwy 281,
in the City of Grand Island, in Hall County, Nebraska. Size: 7.451 acres
Zoning: GWC – Gateway Corridor, ME – Industrial Estates Zone.
Road Access: City Roads
Water Public: City water is available Sewer Public: City sewer is available
Grand Island Council Session - 11/12/2013 Page 243 / 355
Grand Island Council Session - 11/12/2013 Page 244 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-369
WHEREAS, GMD LLC, a Nebraska Limited Liability Company, being the owner
of the land described hereon, has caused same to be surveyed, subdivided, platted and
designated as PLATTE VALLEY INDUSTRIAL PARK NINTH SUBDIVISION, to be laid out
into 2 lots, a tract of land comprising all of Lot Fifteen (15), Platte Valley Industrial Park Third
Subdivision, An Addition to the City Of Grand Island, Nebraska, said tract containing 7.451
acres, 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
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 PLATTE VALLEY
INDUSTRIAL PARK NINTH 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 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 245 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item H-1
Consideration of Forwarding Blighted and Substandard Area #15
Study to the Hall County Regional Planning Commission
Staff Contact: Chad Nabity
Grand Island Council Session - 11/12/2013 Page 246 / 355
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:November 12, 2013
Subject:Proposed Blighted and Substandard Area #15
Item #’s:H-1
Presenter(s):Chad Nabity, Director Grand Island CRA
Background
Enclosed you will find a copy of a Substandard and Blight Study as prepared for Doug
Luth and Tim Plate by Marvin Planning Consultants. This study is for approximately
64.18 acres of property in west central Grand Island bounded on the south by Old
Highway 30; the north by Old Potash Highway; east by Webb Road and west by U.S.
Highway 281. The study as prepared and submitted indicates that this property could be
considered substandard and blighted. The full study is attached for your review and
consideration.
Mr. Luth and Mr. Plate have submitted this study for the review and consideration of the
Grand Island City Council as permitted by Nebraska law. This is a large area study of an
area of Grand Island that is at the major intersection of two U.S. highways that originally
developed when that intersection was on the very edge of the city with uses that are
appropriate for the urban edges. The portions of this study north of the new U.S.
Highway 30 were originally part of a county industrial tract similar to that found near the
Platt Deutsch. The county industrial tract designation was removed in the early 1980’s.
All of these properties are located in the Grand Island municipal limits. The decision on
whether to declare an area substandard and blighted is entirely within the jurisdiction of
the City Council with a recommendation from the Planning Commission.
The question before Council will be whether to send the Study to the Planning
Commission for their review and feedback. If the item is not sent to the Planning
Commission the Council cannot declare the area substandard and blighted. Planning
Commission will meet on December 4 and would have a recommendation ready for last
Council meeting in late December or early January.
Once an area has been declared substandard and blighted the CRA can accept
redevelopment proposals for the area that might or might not include an application for
Tax Increment Financing.
Grand Island Council Session - 11/12/2013 Page 247 / 355
Discussion
The action item tonight relate to the Study for proposed CRA Area No. 15 in west central
Grand Island as shown below. The study was prepared for 64.18 acres, of all of which is
in the Grand Island City Limits
Grand Island Council Session - 11/12/2013 Page 248 / 355
Robert Sivick, City Attorney has reviewed the Nebraska Statures and case law pertaining
to the declaration of property as blighted and substandard. His comments on this
application are as follows:
The statutory procedures for accomplishing blight relief include
the following steps: (1) the identification of a community
redevelopment area consisting of portions of a city declared to be
substandard or blighted in accordance with statutory definitions
and in need of redevelopment, (2) the formulation of a
redevelopment plan for such area or a redevelopment project
within such area, and (3) the implementation of the redevelopment
plan through various means including acquisition, sale, leasing,
and contracting for redevelopment. Nebraska Revised State
Statutes (NRSS) 18-2103, 18-2107, and 18-2109.
Under this statutory scheme, the governing body shall afford
maximum opportunity consistent with the sound needs of the city
as a whole to the rehabilitation or redevelopment of the community
redevelopment area by private enterprise. A private development
project would be eligible for tax increment financing only if it is
included within an area which has previously been declared
blighted or substandard and is in furtherance of an existing
redevelopment plan for that area. The declaration of property as
blighted or substandard is not simply a formality which must be
met in order to assist a private developer with tax increment
financing; it is the recognition of a specific public purpose which
justifies the expenditure of public funds for redevelopment. See
Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33,
277 N.W.2d 423 (1979), Fitzke v. Hastings, 255 NEB 46 (1998)
At this point, Council is only considering point 1 of Mr. Sivick’s opinion. According to
NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to
review the Blight Study prior to Council declaring the property substandard and blighted.
If Council wishes to consider a declaration of substandard and blight, State Statute
requires that the question of whether an area is substandard and blighted is submitted to
the Planning Commission for its review and recommendation.
The Planning Commission recommendation should be done at the first available
opportunity, as the Planning Commission has 30 days to respond to Council’s request for
a recommendation.
Blighted Area of the Community
The city of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of today, October 31,
2013, 18.20% of the City has been declared blighted and substandard. Declaring this area
Grand Island Council Session - 11/12/2013 Page 249 / 355
(Area 15) blighted and substandard would add another 0.34%. The Webb Road Property
Area (Area 14) would add 0.04%. If both Areas 14 and 15 were to be declared
substandard and blighted by the Council 18.58% of the community would bear that
designation.
It does not appear that the declaration of both Area 14 and Area 15 would significantly
impact the City’s ability to declare other areas substandard and blighted.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to forward the Study to the Planning Commission for their
recommendation.
2.Move to not forward the Study to the Planning Commission for their
recommendation
3.Refer the issue to a Committee
4.Postpone the issue to future date
5.Take no action on the issue
Recommendation
City Administration recommends that the Council Move to forward the Study to the
Planning Commission.
Sample Motion
Move to adopt resolution to forward the Study to the Planning Commission for their
review and recommendation.
Grand Island Council Session - 11/12/2013 Page 250 / 355
Alvo,
Nebraska
Alvo,
Nebraska
City of Grand Island, NE
Blight and Substandard Study
Area #15
October 2013
Grand Island Council Session - 11/12/2013 Page 251 / 355
Grand Island Council Session - 11/12/2013 Page 252 / 355
Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within the city of Grand Island. This study has been commissioned by individual property owners
within the community with the hope the City will consider the study area for future redevelopment
activity. The area is bordered on all sides by major transportation routes and the portions adjacent
to the area has seen considerable new development on the northern perimeter of the area but
limited redevelopment activities.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking
at those issues and definitions provided for in the Nebraska Community Redevelopment Law as
found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in carrying
out the provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity,
consistent with sound needs of the city as a whole, to the rehabilitation or
redevelopment of the community redevelopment area by private enterprises. The
governing body of a city shall give consideration to this objective in exercising its
powers under sections 18-2101 to 18-2144, including the formulation of a workable
program, the approval of community redevelopment plans consistent with the general
plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and occupancy
of buildings and improvements, the disposition of any property acquired, and
providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas, or
to undertake such of the aforesaid activities or other feasible municipal activities as
may be suitably employed to achieve the objectives of such workable program. Such
workable program may include, without limitation, provision for the prevention of the
spread of blight into areas of the municipality which are free from blight through
diligent enforcement of housing, zoning, and occupancy controls and standards; the
rehabilitation or conservation of substandard and blighted areas or portions thereof by
replanning, removing congestion, providing parks, playgrounds, and other public
improvements by encouraging voluntary rehabilitation and by compelling the repair
and rehabilitation of deteriorated or deteriorating structures; and the clearance and
redevelopment of substandard and blighted areas or portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and overcrowding, or
the existence of conditions which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency, and crime, (which cannot be remedied through
construction of prisons), and is detrimental to the public health, safety, morals, or
welfare;”
Grand Island Council Session - 11/12/2013 Page 253 / 355
Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 2
“Blighted area means an area, which (a) by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or
usefulness, insanitary or unsafe conditions, deterioration of site or other improvements,
diversity of ownership, tax or special assessment delinquency exceeding the fair value
of the land, defective or unusual conditions of title, improper subdivision or obsolete
platting, or the existence of conditions which endanger life or property by fire and
other causes, or any combination of such factors, substantially impairs or arrests the
sound growth of the community, retards the provision of housing accommodations, or
constitutes an economic or social liability and is detrimental to the public health,
safety, morals, or welfare in its present condition and use and (b) in which there is at
least one of the following conditions: (i) Unemployment in the designated area is at
least one hundred twenty percent of the state or national average; (ii) the average
age of the residential or commercial units in the area is at least forty years; (iii) more
than half of the plotted and subdivided property in an area is unimproved land that
has been within the city for forty years and has remained unimproved during that time;
(iv) the per capita income of the area is lower than the average per capita income of
the city or in which the area is designated; or (v) the area has had either stable or
decreasing population based on the last two decennial censuses. In no event shall a
city of the metropolitan, primary, or first class designate more than thirty-five percent
of the city as blighted, a city of the second class shall not designate an area larger
than fifty percent of the city as blighted, and a shall not designate an area larger than
one hundred percent of the as blighted;”
This Blight and Substandard Study is intended to give the Hall County Regional Planning
Commission and Grand Island City Council the basis for identifying and declaring Blighted and
Substandard conditions existing within the City’s jurisdiction. Through this process, the City and
property owners will be attempting to address economic and/or social liabilities which are harmful
to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report
will contain, in accordance with the law, definite local objectives regarding appropriate land
uses, improved traffic, public transportation, public utilities and other public improvements, and
the proposed land uses and building requirements in the redevelopment area and shall include:
The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
This study targets a specific area within an established part of the community for evaluation. The
area is indicated in Figure 1 of this report. The existing uses in this area include commercial,
commercial/office, public and industrial.
Through the redevelopment process the City of Grand Island can guide future development and
redevelopment throughout the area. The use of the Community Redevelopment Act by the City
of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
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Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 3
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF NORTH US HIGHWAY 281 AND
W. OLD POTASH HIGHWAY; THENCE EASTERLY ALONG SAID CENTERLINE OF W. OLD POTASH
HIGHWAY TO THE INTERSECTION WITH THE CENTERLINE OF N. WEBB ROAD; THENCE SOUTHERLY
ALONG SAID CENTERLINE OF N. WEBB ROAD (ACROSS US HIGHWAY 30 WHERE N. WEBB ROAD
TURNS INTO S. WEBB ROAD)TO THE INTERSECTION WITH THE CENTERLINE OF OLD US HIGHWAY 30;
THENCE, SOUTHWESTERNLY ALONG SAID CENTERLINE OF OLD US HIGHWAY 30 TO THE EXTENDED
WEST PROPERTY LINE OF MISCELLANEOUS TRACTS 24-11-10 PT E ½; THENCE NORTHWESTERLY ALONG
SAID EXTENDED WEST PROPERTY LINE TO THE INSECTION WITH THE SOUTHWEST CORNER OF A LOT
DESCRIBED AS SPELTS-SCHULTZ INDUSTRIAL SUB PT LT 1; THENCE, NORTHERLY ALONG THE WEST
PROPERTY LINE OF A LOT DESCRIBED AS SPELTS-SCHULTZ INDUSTRIAL SUB PT LT 1 TO THE NORTHWEST
CORNER OF SAID LOT; THENCE, NORTHEASTERLY ALONG THE NORTH PROPERTY LINE OF THE SAME
SAID LOT TO THE NORTHEAST CORNER OF SAID LOT; THENCE, CONTINUING NORTHEASTERLY ALONG
THE NORTH PROPERTY LOT OF A LOT DESCIBED AS LACY THIRD SUB LT 1 TO THE NORTHEAST CORNER
OF SAID LOT; THENCE, NORTHERY ALONG THE NORTH PORTION OF THE WEST PROPERTY LINE TO THE
NORTHWEST CORNER OF A LOT DESCRIBED AS LACY THIRD SUB LT 1; THENCE CONTINUING
NORTHERLY ALONG THE WEST PROPERTY LINES OF LOTS DESCRIBED AS LACY SUB LOT 4, STALKER
PLAZA SUB LOT 2, AND STALKER PLAZA SUB LOT 1; THENCE, CONTINUING NORTHERY ALONG THE
EXTENDED WEST PROPERTY LINES TO THE POINT OF INTERSECTION WITH THE SOUTH PROPERTY LINE
OF THE STATE OF NEBRASKA PROPERTY (CONTAINING THE NEBRAKA DEPARTMENT OF ROADS
MAINTENANCE YARD AND THE NEBRASKA STATE PATROL FACILITIES; THENCE, WESTERLY ALONG A
LINE TO A POINT ON THE CENTERLINE OF US HIGHWAY 281 BEING 700.9969 FEET SOUTH OF THE POINT
OF BEGINNING; THENCE, NORTHERLY ALONG SAID CENTERLINE OF US HIGHWAY 30 TO THE POINT
OF BEGINNING.
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Blight and Substandard Study – Area #15
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Figure 1
Study Area Map
Source: Olsson Associates 2013
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Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 5
EXISTING LAND USES
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel
of land. The number and type of uses are constantly changing within a community, and produce
a number of impacts that either benefit or detract from the community. Because of this, the short
and long-term success and sustainability of the community is directly contingent upon available
resources utilized in the best manner given the constraints the City faces during the course of the
planning period. Existing patterns of land use are often fixed in older communities and
neighborhoods, while development in newer areas is often reflective of current development
practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use of
each parcel of land within the study area. These data from the survey are analyzed in the following
paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total acres
determined per land use from the survey; next is the percentage of those areas compared to the
total developed land; and finally, the third set of data compare the all land uses to the total area
within the Study Area.
The Study Area is predominately industrial uses with 43.9% of land in this use. The remaining 56.1%
is either Commercial, Commercial/office or vacant, public right-of-way and streets.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2013
Type of Use Acres Percent of
Developed
land within
the Study
Area
Percent of
Study Area
Residential 0 0.0%0.0%
Single-family 0 0.0%0.0%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 10.63 18.3%17.0%
Industrial 27.50 47.4%43.9%
Quasi-Public/Public 11.37 19.6%18.2%
Parks/Recreation 0 0.0%0.0%
Transportation 8.49 14.6%13.6%
Total Developed Land 57.99 100.0%
Vacant/Agriculture 4.64 7.4%
Total Area 62.63 100.0% Source: 2013 Grand Island Blight Study Area 15, Marvin Planning Consultants and Olsson Associates
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Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2013
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FINDINGS OF BLIGHT AND SUBSTANDARD CONDITIONS ELIGIBILITY STUDY
This section of the Report examines the conditions found in the study area. The Findings Section
will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions examined and evaluated in the field and online. After review
several factors discussed in the Revised Statutes of Nebraska were found to be present in this
specific study area. In addition, there were some of the statutory conditions that were either not
present or not evaluated due to the small area in the report.
Average Age of the Residential or Commercial Units
Age of Structure
Age of structures can be one of the contributing factors to blighted and substandard conditions
in an area. Statutes allow for a predominance of units that are 40 years of age or older to be a
contributing factor regardless of their condition.
The following paragraphs document the structural age of the structures within the Study Area.
Note that the age of structure was determined from the Appraisal data within the Hall County
Assessor’s website data.
Within the study area there is a total of 41 structures. After researching the structural age on the
Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
24 (58.5%) units were determined to be 40 years of age or older
17 (41.5%) were newer than 40 years.
Based upon this data, the age of the structures would be a direct contributing factor.
Deterioration of Site or Other Improvements
Sidewalk Conditions
Sidewalks, regardless of the area and uses within a community, should provide a safe means of
movement for pedestrians. Sidewalks become increasingly more important along transportation
routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while
keeping people off of heavily traveled streets.
The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four
categories; adequate, deteriorating, dilapidating, and missing completely.
Within the study area there is approximately 5,743 lineal feet of area where sidewalk could or
should be located. After reviewing the conditions in the field, the following is how the sidewalk
conditions breakdown within the study area:
0 (0.0%) lineal feet of adequate sidewalk
0 (0.0%) lineal feet of deteriorating sidewalk
5,743 (100.0%) lineal feet of no sidewalk.
There is no sidewalk present within the entire study area accessible to pedestrian traffic.
Considering the uses along Old Potash Highway and Webb Road, there should be sidewalk in
place.
In addition to the missing sidewalk indicated in Figure 4, there are other locations where sidewalk
is missing, along US Highways 30 and 281. These are indicated with a red dashed line. These areas
are not included in the totals, since the city and state policies are not to encourage walking and
biking along major highways.
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Figure 3
Unit Age Map
Source: Marvin Planning Consultants and Olsson Associates, 2013
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City of Grand Island, Nebraska • October 2013 Page 9
Figure 4
Sidewalk Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
Study area boundary
shifted in order to show
sidewalk locations
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Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 10
Figure 5
Curb and Gutter Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
Study area boundary
shifted in order to show
curb and gutter locations
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Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 11
Due to the large amount of missing sidewalk, the lack of sidewalk
would be a direct contributing factor.
Drainage Conditions
Grand Island has a long history of drainage issues due to the
extreme flatness of the area, as well as the high water table.
Topography and soils can have a major impact on how a given
portion of the city drains. The area designated in this Study Area is
nearly flat or has an extremely small slope.
The field survey examined the entire area for potential drainage
problems. One field survey was completed during and a day after
a rain event. During both field visits there was standing water
throughout the entire area. Water was standing in large potholes,
in drainage ditches, along areas that were supposed to drain the
water away.
Another item of note deals with the actual number of stormwater
inlets in the study area. There are only two stormwater inlets within
the entire study area. One is located at the southwest corner of
W. Old Potash Highway and N. Webb Road; the other is located
along Island Circle. All of the water, south of US Highway 30 has to
surface drain or be absorbed into the soils. Along the west edge
of this study area there is a large stormwater catchment; however,
runoff in the study area must a find a path along very flat
topography to get to the catchment.
The primary way for stormwater runoff to reach the catchment is
through a series ditches along S. Webb Road and Old US Highway
30. This type of stormwater infrastructure typically works only when
there is some topographic drop-off and the ditches remained
mowed. In case of the ditches in the study area, the grass
appeared to be longer than it should be to allow for water
movement.
Figure 6 is an existing topographic map from the City of Grand
Island’s website. The map confirms the flatness of the area
between US Highway 30 on the north and Old Highway 30 on the
south. The most common contour identified on the map is the
1880 contour.
Standing water from poor drainage can be a catalyst for health
issues like West Nile due to the potential mosquito breeding during
the summer months.
Drainage also can be tied directly to the next issue, curb and
gutter conditions.
Standing water during a recent rain event
Water same location 24 hours later
Standing water on the north end of
study area – 24-hours after rain event
Catchment on west edge of study area
Drainage ditch along N. Webb Road
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Figure 6
Topographic Map of Study Area
Source: http://grandislandne.map.beehere.net/, 2013
Contours in this configuration
indicate very flat areas
Denotes standing water
identified 24-hours after a
rain event
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City of Grand Island, Nebraska • October 2013 Page 13
Curb and Gutter
Curb and Gutters have direct and indirect roles in communities.
Their primary functions is to be a barrier that collects and directs
water, drainage. On a secondary level, they can help define
where the streets start and stop, and they act as a physical barrier
between pedestrian and vehicular traffic.
Curb and gutter for the Study Area can be summed up simply by
stating it is deteriorating and completing lacking. The only two
locations curb and gutter can be found within the study area is on
the southwest corner of W. Old Potash Highway and N. Webb
Road (where the only storm inlet is located) and along the edges
of Island Circle located in the southern portion of the study area.
Within the study area there is approximately 5,700 lineal feet of
curb and gutter possible. After reviewing the conditions in the
field, the following is how the curb and gutter conditions
breakdown within the study area:
0 ( 0.0%) lineal feet of adequate curb and gutter
2,166 (37.6%) lineal feet of deteriorating curb and gutter
3,586 (62.4%) lineal feet of no curb and gutter or rural section.
The study area has 100% of the curb and gutters in either a
deteriorating state or not constructed and the streets are
designed as rural section streets. See Figure 5 for the locations of
these curb and gutter.
The photo to the immediate right shows the deteriorating
conditions that tend to occur at driveways and streets
where there is no curb and gutter to define a solid edge.
Motor vehicles tend to cut corners when pulling in and out
of the parking areas which then lead to pot holes and
standing water after rain events.
In addition to the missing curb and gutter indicated in Figure
4, there are other locations where curb and gutter are
missing, along US Highways 30 and 281. These are indicated with
a red dashed line. Even though this is considered an urban area,
the Nebraska Department of Roads typically surface drains major
highways to grassy areas.
Due to the large amount of deteriorating and missing curb and
gutter, the curb and gutter condition would be a direct
contributing factor.
Site Improvements Conditions
The different properties throughout the study area have less than
average site improvements. A large portion of the properties have gravel/dirt drives and parking
lots and in some cases they may have been concreted or asphalted in the past but it is difficult to
determine due to the level of deterioration. Some properties have paved/improved parking areas
and drives were found to be in a state of deterioration.
Parking/drive area with
deteriorating asphalt and gravel
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Figure 7
Site Improvement Conditions
Source: Marvin Planning Consultants and Olsson Associates 2013
Surface materials
deteriorating
Surface material is
gravel / dirt / unimproved
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Figure 7 identifies the different properties in the study area that have deteriorating parking areas
and drives, as well as those properties that have been hard surfaced and are showing signs of
deteriorating and in need of repair/rehabilitation. Even though most of the land uses in this area
are heavier commercial to industrial uses, the lack of hard surfacing or the deterioration of the
existing hard surfacing has a major impact on the perception of the area as well as the value of
the area.
Based upon the field analysis, there are sufficient elements present
to meet the definition of deterioration of site and other
improvements in the Study Area.
Faulty Lot Layout
Faulty lot layout can lead to a number of issues including size of a
lot, adequacy of the lot for the use, accessibility to the lot and/or
the usefulness of the lot. There are a number of factors to examine
within this particular study area.
Size of Lot
Throughout the study area there are lots that are too small for the
use and buildings located on the site. This is specifically true on the
north and south sides of Island Circle.
Figure 8 to the right identifies the lots in the study area deemed to
be either too narrow, too shallow, or both (resulting in an overall
small lot). Considering the current land use plan and zoning for this
area, these lots have the potential to undesirable or overcrowded
with building in the future; in some cases these lots are already
overcrowded.
The lot on the north end of Figure 8 is an extremely awkward shape
and likely was platted this way when US Highway 30 was relocated
to its present alignment. However, this still creates an odd
development/redevelopment condition.
Adequacy of the Lots
Based upon the discussion regarding lot size and shape above,
the lots in Figure 8 are not adequate for the type of land use and
zoning designated for this area. Parking and deliveries
opportunities are somewhat limited on these lots.
Some of the other lots, the lumber yard on the southeast corner of
the study, appear to have fit their different structures onto the site
with a shoe horn; movement on this site is very tight considering
larger pick-ups and semi-trailers are arriving and departing from
the site.
Accessibility of the Lots
Accessibility of some lots in the southern portion of the study
currently do not appear to be an issue. However, there could be
two very different issues arise in the future.
First, the lot to the north end has two primary uses on one lot. At
present they are owned by the same company. If in the future
these uses are split apart, the area to the west has the potential to
become a landlocked parcel. At present all of the uses and structures gain access from the points
on the property; there are no adjacent streets, except for S. Webb Road.
Figure 8: Small Lot Sizes
Source:
Marvin Planning Consultants and
Olsson Associates
Figure 9: Accessibility
Source: Marvin Planning Consultants
and Olsson Associates
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City of Grand Island, Nebraska • October 2013 Page 16
The lots identified on the very south end of the study area have a similar but different issue, the lots
along Old US Highway 30 are designated as different parcels than the lots to the north. Currently,
the frontage lots are owned by the same individuals/companies that own the lots in the back. This
creates an issue with faulty lot layouts in the area.
Insanitary or Unsafe Conditions
There are a number of factors tending to fall under
this category. The study area was found to have
several factors falling into insanitary and unsafe.
The following will outline the conditions found.
Junk and junk vehicles
There are locations where property owners have
junk and/or junk vehicles located on their property
within the study area.
The most specific location for this condition is
shown at the right. In one case, the property
owner has some of the junk vehicles contained in
a “security” fence with aging and sagging barbed
wire along the top edge. However, in other
situations junks vehicles, old campers and other
items are left in the open and not secured from access by
individuals. In additional to people being capable of directly
access these vehicles, trailers, etc., these conditions are also very
attractive places for vermin to congregate.
Utility Poles
Utility poles in this area, although it is not the direct concern of
individual property owners, are an unsafe condition in various
locations within the study area. The property shown above has a
power pole located in between the buildings on the lot. This
creates a potential hazard for vehicular movement, especially
semi-trailers.
In another case near the southern edge of the study area, there
are utility poles within two feet of the driving surface of S. Webb
Road. In addition, one of these poles is also located less than one
foot from the edge of a property driveway that accesses S. Webb
Road (this specific pole is also a visual distraction for vehicles
turning onto S. Webb Road); see photo to the right.
Stormwater Catchment
The topography found in Grand Island creates the need for
unique engineering solutions to catch, store, and release
stormwater. Immediately west of the study there is a large
stormwater catchment facility, not in the area. This catchment
could be considered an unsafe condition that is contributing to
the potential blighted and substandard conditions of the area.
This major catchment is very deep and is designed to handle a
massive amount of water; however, there are no security
measures to keep individuals both purposely or accidently from
entering this area. If the city has had a major rain event and the
catchment is even partially full it could be a hazard to someone’s
safety.
Aerial of junk and junk vehicles
Source: http://grandislandne.map.beehere.net/
Photos of the area above
Another area with junk vehicles
and trees
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Unsecured materials
The field investigation of this study area identified one item that
presents a possible unsafe condition. Within the study area there
is one location where individuals can access the material
stockpiles of the concrete plant. This would require an individual
to go through the property occupied by Anixter
Fasteners/Hastings Foods. Along the southwest edge of the
Anixter/Hastings Foods site there is not a security fence on any
type to keep someone from accessing the gravel stockpile and
other items on the plant site.
Standing Water
As discussed in detail in the drainage section of this report,
standing water can be an insanitary and unsafe condition due to
the potential for this to be a breeding ground for mosquitoes and
their ability to spread the West Nile virus.
Barbed Wire Fencing
There are several properties within the study area being protected
with barbed wire along the top of the fence line. The use of this
material within the area is a proper security measure depending
on the need. However, in multiple locations in the study area it
appears that the barbed wire has been allowed to deteriorated,
thus indicating a lack of need. It is these locations that are
considered unsafe. If the barbed wire is allowed to continue to
deteriorate it is likely to come loose from the fence and be in the
direct path of pedestrians and others.
Vacant Property
One property near the southwest corner of the site, the old
Weldon Parts store that is vacant. At the time of the field work for
this study, the property appeared to be in a state of neglect. There
were several old palettes laying around, as well as other items left
behind. In addition, along the east wall of the building the weeds
were growing out of control and in need of being cut and
destroyed.
Based upon the field analysis, there are sufficient elements present
to meet the definition of insanitary and unsafe conditions within
the Study Area.
Diversity of Ownership
After reviewing the information on the Hall County Assessor’s
website, the study area was found to have 18 different property
owners. In order for future redevelopment to occur it may require
some of these tracts to get into common ownership.
Based upon the fact that 18 different individuals, corporations, etc. own property in this area, it is
determined that the high diversity of property ownership could easily be a barrier to
redevelopment.
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Existence of Conditions endangering life or property due to fire or other causes
Located within the study area there are factors present that are a danger
to life or property due to fire or other causes. A number of these factors
have been previously discussed in this report. These factors include:
The junk vehicles and other junk laying around on a
number of properties
The old Weldon Truck Parts store along Old US Highway
30
The close proximity of the power poles along S. Webb
Road
The proximity of the unsecured stormwater catchment
The unsecured access to the materials stockpile for the
concrete plant
Based upon the field analysis, there are sufficient elements present to
meet the definition of dangerous conditions within the Study Area.
Combination of factors which are impairing and/or arresting sound growth
Within this small study area there are a number of factors that are impairing or arresting sound
growth. A couple of these include:
The location of the Nebraska Department of Roads Maintenance Yard and Nebraska State
Patrol facility; there has been an ongoing demand for larger scale commercial along US
Highway 281. The Hy-Vee property immediately north of the study area was purchased for
$1,790,000 or $205,747 per acre in 2005.
Even though the existence of US Highways 281and 30 as well as Webb Road and Old US
Highway 30 are traffic generators in what is considered a commercial and industrial corridor,
these thoroughfares have a tendency to impair and arrest sound growth practices.
The Union Pacific Railroad mainline lies immediately to the south of the study area and also
impairs sound growth practices.
Based upon the review of the area, there are sufficient elements present to meet the definition of
combination of factors which are impairing and/or arresting sound growth within the Study Area.
Stable or decreasing population based on the last two decennial censuses
Over the past 20 years the population within the study area has been stable. The population within
the Study Area has been 0 residents for the past two decennial censuses. Therefore, it meets the
criteria for a stable or decreasing population.
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
Average age of structures is over 40 years of age
o Within the Study Area 58.5% of the structures meet the criteria of 40 years of age or older.
Deterioration of site or other improvements
o There are no sidewalks located along the public streets in the area.
o The area is considerably flat and standing water is a concern.
o Within the study area, curb and gutter existing only on 37.6% of the right-of-way and it has
been determined to be in a deteriorating state.
o In addition to a small percentage of curb and gutter, the remaining 62.4% has no curb
and gutter to control stormwater runoff or to define the driving surface from other portions
of the right-of-way.
o Several properties within the study area have deteriorated or substandard site
improvements including parking lots, fencing, etc.
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Faulty Lot Layout
o Size of certain lots is an issue
o Adequacy of some lots is a concern
o Accessibility to some lots could be a problem since these lots could become land locked
in the future
Insanitary or Unsafe Conditions
o Lack of sidewalk in the Study Area
o Junk and junk vehicles are present throughout the study area
o Utility pole locations
o Stormwater catchment west of study area is a contributing factor
o Unsecured materials storage
o Standing water
o Deteriorating barbed wire fencing
o Vacant and neglected property
Diversity of Ownership
o Within the Study Area 22 properties are owned by 18 different property owners.
Dangerous conditions to life or property due to fire or other causes
o Junk and junk vehicles
o The proximity of the stormwater catchment
o Unsecured materials
o Lack of sidewalk within the Study Area
Combination of factors which are impairing and/or arresting sound growth
o The location of the Nebraska Department of Roads Maintenance yard and the Nebraska
State Patrol facility.
o US Highways 30 and 281
o Old US Highway 30 and Webb Road
o Union Pacific Railroad
Stable or decreasing population based on the last two decennial censuses
o The population of the Study Area has remained stable over the past 22 years.
The other criteria for Blight were not present in the area, these included:
Improper Subdivision or obsolete platting
Substantial number of deteriorated or deteriorating structure
Defective/Inadequate street layouts,
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title,
Unemployment in the designated area is at least 120% of the state or national average.
One-half of unimproved property is over 40 years old.
The per capita income of the area is lower than the average per capita income of the city or
village in which the area is designated.
These issues were either not present or were limited enough as to have little impact on the overall
condition of the study area.
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Substandard Conditions
Average age of the residential or commercial units in the area is at least 40 years
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of units that are 40 years of age or older to be a
contributing factor regardless of their condition. Note that the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of eight structures. After researching the structural age on the
Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
17 (41.5%) units were determined to be less than 40 years of age
24 (58.5%) units were determined to be 40 years of age or older
There is a predominance of units 40 years of age or older.
Existence of Conditions endangering life or property due to fire or other causes
Located within the study area there are factors present that are a danger
to life or property due to fire or other causes. A number of these factors
have been previously discussed in this report. These factors include:
The junk vehicles and other junk laying around on a
number of properties
The old Weldon Truck Parts store along Old US Highway 30
The close proximity of the power poles along S. Webb
Road
The proximity of the unsecured stormwater catchment
The unsecured access to the materials stockpile for the
concrete plant
Based upon the field analysis, there are sufficient elements present to
meet the definition of dangerous conditions within the Study Area.
Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of dilapidation,
deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or
open spaces, high density of population and overcrowding, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such factors, is
conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime,
(which cannot be remedied through construction of prisons), and is detrimental to the public
health, safety, morals, or welfare;”
This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised
Nebraska State Statutes.
FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #15
Blight Study Area #15 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
Average age of structures is over 40 years of age
Deterioration of site or other improvements
Faulty Lot Layout
Insanitary and Unsafe Conditions
Diversity of Ownership
Combination of factors which are impairing and/or arresting sound growth
Grand Island Council Session - 11/12/2013 Page 272 / 355
Blight and Substandard Study – Area #15
City of Grand Island, Nebraska • October 2013 Page 21
Stable or decreasing population based on the last two decennial censuses
Substandard Conditions
Average age of the structures in the area is at least forty years
Dangerous conditions to life or property due to fire or other causes
Grand Island Council Session - 11/12/2013 Page 273 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-1
#2013-370 - Consideration of Request from Jose Guerrero dba
Mariscos Villarreal, 811 West 2nd Street for a Class “A” Liquor
License
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/12/2013 Page 274 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-370
WHEREAS, an application was filed by Jose Guerrero doing business as
Mariscos Villarreal, 811 West 2nd Street for a Class "A" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on November 2, 2013; such publication cost being $16.28;
and
WHEREAS, a public hearing was held on November 12, 2013 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:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 275 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-2
#2013-371 - Consideration of Amending the City Council Meeting
Schedule for December 2013
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/12/2013 Page 276 / 355
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 12, 2013
Subject:Approving Amending City Council Meeting Schedule
Item #’s:I-2
Presenter(s):RaNae Edwards, City Clerk
Background
Section 2-2 of the Grand Island City Code provides that regular City Council meetings
shall be held on the second and fourth Tuesdays of each month. On October 9, 2012, the
City Council approved Resolution #2012-282 setting the City Council Regular Meeting
schedule for 2013. Amendments to this schedule need to be approved by the City
Council.
Discussion
The meeting schedule for calendar year 2014, as approved in October 2012, did not
adequately consider the timing of meetings for the purpose of making sure city bills are
paid in a timely manner or the ability to have an agenda ready for a meeting.
Current Schedule
Tuesday, November 26 second council meeting for the month of November
Wednesday, November 27 agenda for first council meeting for month of
December distributed based on agenda items
identified by Friday, November 22
Thursday, November 28 Thanksgiving Day
Friday, November 29 City offices closed
Monday, December 2
Tuesday, December 3 `currently scheduled as first meeting in December
Tuesday, December 17 currently scheduled as second meeting in December
The first meeting in December was approved for December 3. Given the last meeting in
November is scheduled for November 26 and due to the Thanksgiving holiday on
November 28 and 29, city staff will not have agenda items ready for a December 3
meeting.
Grand Island Council Session - 11/12/2013 Page 277 / 355
In order to spread the meetings out in December, act in a fiscally responsible manner in
regards to paying vendors and avoid the need for the calling of a special meeting for the
purpose of paying bills, the recommendation is being made to modify December meeting
dates.
The recommendation is as follows:
Move December 3 meeting to December 10
Move December 17 meeting to Monday, December 30 with a start time of 5:30
P.M.
If Council decides to leave the meeting schedule as is, a special meeting will most likely
be called by the mayor for December 30, 2012 so city vendors do not need to wait four
weeks before being paid in January.
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 amending the meeting
schedule for December and hold regular sessions on Tuesday, December 17, 2013 at 7:00
p.m. and Monday, December 30, 2013 at 5:30 p.m.
Sample Motion
Move to approve the amended meeting schedule for December 2013.
Grand Island Council Session - 11/12/2013 Page 278 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-371
WHEREAS, Section 2-2 of the Grand Island City Code provides that regular City
Council meetings shall be held on the second and fourth Tuesday’s of each month; and
WHEREAS, on October 9, 2012, by Resolution 2012-282, the City Council
approved the meeting dates for city council meetings for calendar year 2013; and
WHEREAS, due to the length of time from the last meeting scheduled in
December 2013 and the first meeting scheduled in 2014, it is necessary to amend the 2013
meeting schedule for regular city council meetings to Tuesday, December 10, 2013 at 7:00 p.m.
and Monday, December 30, 2013 at 5:30 p.m.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the regular City Council meetings for
December be scheduled for Tuesday, December 10, 2013 at 7:00 p.m. and Monday, December
30, 2013 at 5:30 p.m.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 279 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-3
#2013-372 - Consideration of Approving City Council Meeting
Schedule for 2014
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/12/2013 Page 280 / 355
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 12, 2013
Subject:City Council Meeting Schedule for 2014
Item #’s:I-3
Presenter(s):RaNae Edwards, City Clerk
Background
Grand Island City Code Chapter 2-2 specifies that regular meetings of the city council shall be
held in the council chambers of city hall on the second and fourth Tuesdays of each month
beginning at 7:00 p.m. Chapter 2-2 also state that if a meeting date occurs on a holiday, the
meeting shall be on the next business day following.
Discussion
The City Clerk has prepared the proposed 2014 meeting schedule. This provides for the first City
Council meeting to be a Regular Meeting on Tuesday, January 14, 2014. See attached proposed
meeting dates.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve the 2014 meeting schedule as presented
2.Refer the issue to a Committee
3.Modify the 2014 meeting schedule to meet the wishes of the Council
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the proposed 2014 City Council
meeting schedule.
Sample Motion
Move to approve the 2014 City Council meeting schedule as proposed.
Grand Island Council Session - 11/12/2013 Page 281 / 355
PROPOSED
2014
CITY COUNCIL MEETING DATES
Tuesday, January 14, 2014 Tuesday, July 8, 2014
Tuesday, January 28, 2014 Tuesday, July 22, 2014
Tuesday, February 11, 2014 Tuesday, August 12, 2014
Tuesday, February 25, 2014 Tuesday, August 26, 2014
Tuesday, March 11, 2014 Tuesday, September 9, 2014
Tuesday, March 25, 2014 Tuesday, September 23, 2014
Tuesday, April 8, 2014 Tuesday, October 14, 2014
Tuesday, April 22, 2014 Tuesday, October 28, 2014
Tuesday, May 13, 2014 Wednesday, November 12, 2014
Tuesday, May 27, 2014 Tuesday, November 25, 2014
Tuesday, June 10, 2014 Tuesday, December 9, 2014
Tuesday, June 24, 2014 Monday, December 22, 2014
Grand Island Council Session - 11/12/2013 Page 282 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-372
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA that the City Council of the City of Grand Island, Nebraska
will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned
dates:
2014 City Council Meetings:
Tuesday, January 14, 2014 Tuesday, July 8, 2014
Tuesday, January 28, 2014 Tuesday, July 22, 2014
Tuesday, February 11, 2014 Tuesday, August 12, 2014
Tuesday, February 25, 2014 Tuesday, August 26, 2014
Tuesday, March 11, 2014 Tuesday, September 9, 2014
Tuesday, March 25, 2014 Tuesday, September 23, 2014
Tuesday, April 8, 2014 Tuesday, October 14, 2014
Tuesday, April 22, 2014 Tuesday, October 28, 2014
Tuesday, May 13, 2014 Wednesday, November 12, 2014
Tuesday, May 27, 2014 Tuesday, November 25, 2014
Tuesday, June 10, 2014 Tuesday, December 9, 2014
Tuesday, June 24, 2014 Monday, December 22, 2014 (5:30 p.m.)
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 12, 2013.
____________________________________
_Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 283 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-4
#2013-373 - Consideration of Approving Declaration of a Site
Known as Redevelopment Area 14 Located on the East Side of
North Webb Road between 13th Street and Faidley Avenue
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/12/2013 Page 284 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-373
WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No.
8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska,
to address the need for economic development opportunities through the vehicles provided in the
Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and
WHEREAS, Scott Rief has caused to be prepared a Blight and Substandard Study for an
area of referred to as Area No. 14; and
WHEREAS, Marvin Planning Consultants completed such Blight and
Substandard Study and has determined that the area should be declared as substandard or
blighted area in need of redevelopment; and
WHEREAS, Scott Rief presented such study to the Grand Island City Council on
August 27, 2013 and
WHEREAS, on August 27, 2013 the Grand Island City Council referred such
study to the Hall County Regional Planning Commission for review and recommendation; and
WHEREAS, the Regional Planning Commission held a public hearing and
recommended approval of such study at its October 2, 2013 meeting; and
WHEREAS, a public hearing to consider approval of a Blighted and Substandard
designation was held on November 12, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for
Redevelopment Area No. 14 as identified above is hereby approved, and those areas identified in
said study are declared to be blighted and substandard and in need of redevelopment as
contemplated in the Community Development law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 285 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-5
#2013-374 - Consideration of Approving Acceptance of Appraisal
for Property Located at 1306 West 3rd Street formerly the One
Stop Building
Staff Contact: Robert Sivick
Grand Island Council Session - 11/12/2013 Page 286 / 355
Council Agenda Memo
From:Stacy R. Nonhof, Assistant City Attorney
Meeting:November 12, 2013
Subject:Appraisal of One-Stop Property
Item #’s:I-5
Presenter(s):Stacy R. Nonhof, Assistant City Attorney
Background
At the May 21, 2013, Study Session before the Grand Island City Council a presentation
was made concerning potential use of property located at 1306 West 3rd Street (One Stop
Building). Council directed that a formal appraisal of the One-Stop property be obtained.
On May 28, 2013, this Council approved Resolution 2013-166 directing City
Administration to obtain a formal appraisal of the One-Stop property.
Discussion
Hendricksen Appraisal Company completed a full appraisal of the One-Stop property in
September, 2013. This appraisal is confidential and submitted for Council’s review under
separate cover. City Administration concurs with the appraisal submitted on the One-Stop
property and believes that this is the fair market value of the property. If Council accepts
this appraisal as the fair market value, City Administration will then advertise this
property for sale via a Request for Proposals.
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 - 11/12/2013 Page 287 / 355
Recommendation
City Administration recommends that the Council approve Resolution 2013-374
accepting the appraisal of Hendricksen Appraisal Company as the fair market value of
the One-Stop property located at 1306 W. 3rd Street, Grand Island, Hall County,
Nebraska.
Sample Motion
Move to approve Resolution 2013-374.
Grand Island Council Session - 11/12/2013 Page 288 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-374
WHEREAS, on May 28, 2013, in Resolution 2013-166 City Council directed that
City Administration obtain an appraisal to determine the fair market value of the property at
1306 W. 3rd Street (One-Stop property); and
WHEREAS, City Administration engaged the services of Hendricksen Appraisal
Company to determine the fair market value for the One-Stop property; and
WHEREAS, Hendricksen Appraisal Company submitted an appraisal in
September, 2013; and
WHEREAS, the fair market value arrived at by Hendricksen Appraisal Company
is confidential in nature; and
WHEREAS, Hendricksen Appraisal Company’s submitted appraisal is in
accordance with the request of the City Council to determine the fair market value of the One-
Stop property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the appraisal of Hendricksen
Appraisal Company is accepted as the fair market value of the One-Stop property located at 1306
W 3rd Street.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 289 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-6
#2013-375 - Consideration of Approving Contract for Health
Savings Account Administration
Staff Contact: Brenda Sutherland
Grand Island Council Session - 11/12/2013 Page 290 / 355
Council Agenda Memo
From:Brenda Sutherland, Human Resources Director
Meeting:November 12, 2013
Subject:Approval of HSA Administrator
Item #’s:I-6
Presenter(s):Brenda Sutherland, Human Resources Director
Background
The City of Grand Island announced a new insurance option during the last budget cycle.
The option is a qualified high deductible health plan. Employees who chose this option
will receive a contribution into their health savings account (HSA) in January. They can
also contribute dollars out of each paycheck to help their account grow even faster.
Discussion
As employees were out trying to find someone to administer their HSA, we were getting
feedback in the H.R. department that led us to believe the process was getting a little
overwhelming for some. The decision was made to advertise an RFP (request for
proposal) for a vendor who would be the default vendor if an employee didn’t choose one
on their own. A committee was formed to select and interview finalists. This committee
has a representative from each of the four labor unions; AFSCME, FOP, IAFF and
IBEW, as well as a member from the Finance, Legal and H.R. teams.
The high deductible plan is new to our employees and the ability for employees to have a
successful, stress free transition will be critical to the future success and growth of this
benefit. For employees who find it a bit overwhelming to find their own HSA
administrator, the City’s HSA committee has selected a vendor that best met the
qualifications outlined by the group. Employees still have the right to choose their own
administrator.
The committee is recommending Connect Your Care to act as the City’s administrator for
the administration of employee health savings accounts. This selection is based on the
following criteria; expertise, accessibility, cost, investment options and compliance. All
of the companies that submitted proposals were good companies. The vendor that was
selected best met the criteria outlined above. The committee felt Connect Your Care
Grand Island Council Session - 11/12/2013 Page 291 / 355
brought forward the best overall package and that City employees would benefit most
from the service they provided. The contract being brought forward for consideration has
a three year price guarantee. The cost per account per month is $3. This cost will be
offset by the FICA savings that the City will not have to pay as employees contribute to
their account, much the same as the flex plan sponsored by the City. In fact some
employees will most likely shift from the Flex plan to the HSA and the cost would then
be a zero sum.
The City sponsored HSA administrator is a step towards a smooth transition in what we
hope will be a growing trend in the future – more employees moving toward the high
deductible health plan.
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 Connect
Your Care to act as the administrator for the City HSA plan
Sample Motion
Move to approve Connect Your Care to administer the City’s HSA plan.
Grand Island Council Session - 11/12/2013 Page 292 / 355
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
HEALTH SAVINGS ACCOUNT ADMINISTRATION
RFP DUE DATE:October 17, 2013 at 4:00 p.m.
DEPARTMENT:Human Resources
PUBLICATION DATE:September 23, 2013
NO. POTENTIAL BIDDERS:7
SUMMARY OF PROPOSALS RECEIVED
Business Plans, Inc.-myCafeteriaPlan Wageworks, Inc.
Miamisburg, OH San Mateo, CA
eflexgroup, Inc.Surency Life and Health
Madison, WI Overland Park, KS
Home Federal Bank Wells Fargo Bank, N.A.
Grand Island, NE Grand Island, NE
ConnectYourCare Genesis Employee Benefits
Hunt Valley, MD Minneapolis, MN
cc:Brenda Sutherland, Human Resources Director Tami Herald, HR Risk Mgt.
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
Stacy Nonhof, Purchasing Agent
P1678
Grand Island Council Session - 11/12/2013 Page 293 / 355
1
BUSINESS ASSOCIATE AGREEMENT
This BUSINESS ASSOCIATE AGREEMENT (hereinafter the “Agreement”) is made
and entered into by and between City of Grand Island (hereinafter “Client”) and
CONNECTYOURCARE, LLC (hereinafter “CYC”) as of the ___ day of November, 2013
(hereinafter the “Effective Date”). The services provided by CYC to Client may involve the use
and disclosure of health information that is protected by federal law as defined below
(hereinafter “Protected Health Information”). Therefore, the parties desire to enter into this
Agreement in order to set forth the obligations regarding the Protected Health Information.
1.Definitions. As used herein, the following capitalized terms shall have the meanings
indicated:
a)Accounting of Disclosures. “Accounting of Disclosures” shall mean a written
accounting of disclosures of Protected Health Information as articulated in 45
C.F.R. § 164.528.
b)Breach. “Breach” shall have the same meaning as the term “breach
at 45 C.F.R. 164.402, including without limitation, the unauthorized acquisition,
access, use, or disclosure of Protected Health Information which compromises the
security or privacy of such Protected Health Information A “Breach” shall not
include the following:
i) any unintentional acquisition, access, or use of Protected
Health Information by an employee or person acting under the authority
of Client or CYC, as long as such acquisition, access, or use was made
in good faith and within the scope of such employee’s or person’s
authority with Client or CYC, provided that such information is not
further used or disclosed in an unauthorized manner;
ii)an inadvertent disclosure by a person who is otherwise authorized
to access Protected Health Information at Client or CYC to another
similarly situated person at the same Client or CYC, provided that any
such information received as a result of such disclosure is not further
used or disclosed in an unauthorized manner; or
iii)a disclosure of Protected Health Information where Client or CYC
has a good faith belief that an unauthorized person to whom the
disclosure was made would reasonably have been able to obtain such
information.
c)Business Associate Agreement. “Business Associate Agreement” shall mean an
agreement that sets forth the obligations regarding the acquisition, access, use,
and disclosure of Protected Health Information between the parties to such
agreement.
d)Designated Record Set. “Designated Record Set” shall have the same meaning as
the term “designated record set” at 45 C.F.R. § 164.501.
Grand Island Council Session - 11/12/2013 Page 294 / 355
2
e)Electronic Health Record. “Electronic Health Record” shall mean an electronic
record of health-related information on an Individual that is created, gathered,
managed, and consulted by authorized health care clinicians and staff.
f)Electronic Protected Health Information. “Electronic Protected Health
Information” shall have the same meaning as the term "electronic protected health
information" at 45 C.F.R. § 160.103, limited to the information created,
maintained, transmitted, or received by CYC (or any agent or subcontractor
thereof) from or on behalf of Client.
g)Health Plan. “Health Plan” shall have the same meaning as the term “Health Plan”
at 45 C.F.R. § 160.103.
h)HIPAA. “HIPAA” shall mean the Health Insurance Portability and Accountability
Act of 1996, as amended, and the implementation regulations thereunder,
including, without limitation, the HITECH Standards (as defined below), and all
future regulations promulgated thereunder.
i)HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach
Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
j)HITECH. "HITECH" shall mean the Health Information Technology for
Economic and Clinical Health Act, found at Title XIII of the American Recovery
and Reinvestment Act of 2009, and any regulations promulgated thereunder.
k)HITECH Standards. “HITECH Standards” shall mean Subtitle D of the Health
Information Technology for Economic and Clinical Health Act,, and any
regulations promulgated thereunder, including all amendments to the HIPAA
Rules.
l)Individual. "Individual" shall have the same meaning as the term "individual" at
45 C.F.R. § 160.103, and any amendments thereto, and shall include a person who
qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g).
m)Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 C.F.R. Parts 160 and 164.
n)Protected Health Information. "Protected Health Information" shall have the same
meaning as the term "protected health information" at 45 C.F.R. § 160.103, and
any amendments thereto, limited to the information created, maintained,
transmitted, or received by CYC (or any agent or subcontractor thereof) from or
on behalf of Client.
o)Required By Law. "Required By Law" shall have the same meaning as the term
"required by law" at 45 C.F.R. § 164.103.
p)Secretary. "Secretary" shall mean the Secretary of the Department of Health and
Human Services or his/her designee.
q)Security Incident. “Security Incident” shall have the same meaning as the term
“security incident” at 45 C.F.R. § 164.304.
Grand Island Council Session - 11/12/2013 Page 295 / 355
3
r)Security Rule. "Security Rule" shall mean the Security Standards for the
Protection of Electronic Protected Health Information at 45 C.F.R. Parts 160, 162,
and 164.
s)Unsecured Protected Health Information. “Unsecured Protected Health
Information” shall mean Protected Health Information that is not rendered
unusuable, unreadable, or indecipherable to unauthorized persons through the use
of a technology or methodology specified by the Secretary.
t)Terms used, but not otherwise defined, in this Agreement shall have the same
meaning as those terms in the Privacy Rule, the Security Rule, the HITECH
Standards, or other HIPAA Rules or any future regulations promulgated or
guidance issued by the Secretary thereunder.
2.Relationship of the Parties.
In the performance of the work, duties and obligations described in this Agreement or under
any other agreement between the parties, the parties acknowledge and agree that each
party is at all times acting and performing as an independent contractor and at no time
shall the relationship between the parties be construed as a partnership, joint venture,
employment, principal/agent relationship, or master/servant relationship.
3.Ownership of Protected Health Information.
CYC acknowledges that all right, title and interest in and to any Protected Health Information
furnished to CYC vests solely and exclusively with Client or the Individual to whom such
Protected Health Information relates.
4.Obligations and Activities of CYC.
a)CYC agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement, any underlying agreement between the
parties, or as Required By Law.
b)CYC will make reasonable efforts to limit requests for and the use and disclosure
of Protected Health Information to the minimum necessary, and as applicable, in
accordance with the regulations and guidance issued by the Secretary on what
constitutes the minimum necessary for CYC to perform its obligations to Client
under this Agreement, any underlying agreement, or as Required By Law.
c)CYC agrees to use appropriate safeguards to prevent the use or disclosure of
Protected Health Information other than as provided for by this Agreement.
d)CYC agrees to mitigate, to the extent practicable, any harmful effect that is
known to CYC of a use or disclosure of Protected Health Information by CYC in
violation of the requirements of this Agreement.
e)CYC agrees to report to Client any use or disclosure of the Protected Health
Information not provided for by this Agreement of which it becomes aware. To
the extent that CYC creates, receives, maintains or transmits Electronic Protected
Health Information, CYC agrees to report as soon as practicable to Client any
Security Incident, as determined by CYC, involving Protected Health Information
of which CYC becomes aware. At the request of Client, CYC shall identify the
Grand Island Council Session - 11/12/2013 Page 296 / 355
4
date of the Security Incident, the scope of the Security Incident, CYC’s response
to the Security Incident and the identification of the party responsible for causing
the Security Incident, if known.
f)CYC shall notify Client without unreasonable delay, and in no event later than
sixty (60) calendar days after, if it or any of its employees or agents discovers a
Breach of Unsecured Protected Health Information. Such notification shall
include, to the extent possible, the identification of each Individual whose
Unsecured Protected Health Information has been, or is reasonably believed by
CYC to have been, accessed, acquired, used, or disclosed during the Breach and
any other information available to CYC about the Breach which Client is required
to include in the notification of the Breach provided to the Individual in
accordance with 45 C.F.R. §164.404(c). A Breach of Unsecured Protected Health
Information shall be treated as discovered as of the first day on which such
Breach is known or should have be known by CYC.
g)In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable,
ensure that any subcontractors that create, receive, maintain, or transmit protected
health information on behalf of the business associate agree to the same
restrictions, conditions, and requirements that apply to the business associate with
respect to such information.
h)CYC agrees to provide access, at the request of Client, and in a time and manner
mutually acceptable to CYC and Client, to Protected Health Information in a
Designated Record Set to Client, or, as directed by Client, to an Individual, in
order to meet the requirements under 45 C.F.R. § 164.524.
i)CYC agrees to make any amendment(s) to Protected Health Information in its
possession contained in a Designated Record Set that Client directs or agrees to
pursuant to 45 C.F.R. § 164.526 at the request of Client or an Individual, and in a
time and manner mutually acceptable to CYC and Client.
j)CYC agrees to document disclosures of Protected Health Information and
information related to such disclosures as would be required for Client to respond
to a request by an Individual for an Accounting of Disclosures of Protected Health
Information in accordance with 45 C.F.R. § 164.528.
k)Within ten (10) business days (or such other date that CYC and Client may
reasonably agree upon) of receiving written notice from Client that Client has
received a request for an Accounting of Disclosures of Protected Health
Information, CYC agrees to provide to Client information collected to permit
Client to make the Accounting of Disclosures required in accordance with 45
C.F.R. § 164.528.
l)CYC agrees to honor any restriction to the use or disclosure of Protected Health
Information that Client has agreed to in accordance with 45 C.F.R. § 164.522, to
the extent that such restriction may affect CYC's use or disclosure of Protected
Health Information, upon written notice by Client to CYC. Specifically, effective
February 17, 2010, upon written notice from Client that an Individual has made a
request to restrict the disclosure of the Individual’s Protected Health Information,
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CYC must comply with the requested restriction if, except as otherwise Required
by Law, the disclosure is to a Health Plan for purposes of carrying out payment or
health care operations and the Protected Health Information pertains solely to a
health care item or service for which the health care provider involved has been
paid out of pocket in full.
m)CYC agrees to make its internal practices, books, and records, including policies
and procedures, relating to the use and disclosure of Protected Health Information
received from, or created or received by CYC on behalf of Client, available to the
Secretary for purposes of determining Client's compliance with the Privacy Rule.
Any release of information regarding CYC’s practices, books and records is
proprietary to CYC and shall be treated as confidential and shall not be further
disclosed without the written permission of CYC, except as necessary to comply
with the HIPAA Rules.
n)Beginning effective February 17, 2010, if CYC uses or maintains Protected
Health Information in an Electronic Health Record, CYC must provide access to
such information in an electronic format if so requested by an Individual. Any fee
that CYC may charge for such electronic copy shall not be greater than CYC’s
labor costs in responding to the request.
o)Beginning effective February 17, 2010, CYC shall not engage in any marketing
activities toward or communications with any Individual unless such marketing
activities or communications are allowed by the terms of this Agreement or a
separate underlying agreement between the parties, and are made in accordance
with the HITECH Standards or any future regulations promulgated thereunder.
Notwithstanding the foregoing, any payment for marketing activities shall be
made in accordance with the HITECH Standards or any future regulations
promulgated thereunder.
p)Beginning effective February 17, 2010, if CYC knows of, or becomes aware of, a
pattern of activity or practice of Client that constitutes a material breach or
violation of Client’s obligations under this Agreement, CYC shall take reasonable
steps to cure the breach or end the violation, as applicable, and if such steps are
unsuccessful shall terminate this Agreement, if feasible, or, if termination is not
feasible, report the problem to the Secretary.
q)Beginning effective February 17, 2010, CYC shall abide by the Security
Standards for the Protection of Electronic Protected Health Information at 45
C.F.R. Part 164, Subpart C, specifically the Administrative Safeguards at 45
C.F.R. § 164.308, the Physical Safeguards at 45 C.F.R. § 164.310, the Technical
Safeguards at 45 C.F.R. § 164.312, and the Policies and Procedures and
Documentation Requirements at 45 C.F.R. § 164.316. CYC shall further abide by
the most current guidance on the most effective and appropriate Technical
Safeguards as issued by the Secretary.
r)Beginning effective February 17, 2010, CYC shall not receive remuneration,
directly or indirectly, in exchange for any Protected Health Information, unless so
allowed by the terms of this Agreement or a separate underlying agreement
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between the parties and in accordance with the HITECH Standards and any future
regulations promulgated thereunder.
s)As of the compliance date set forth in the regulations promulgated under HITECH
or as otherwise determined by the Secretary, in addition to the accounting of
disclosure obligations required under 45 C.F.R. § 164.528, CYC shall account for
all disclosures of Protected Health Information made through an Electronic Health
Record for treatment, payment, and health care operations activities in accordance
with the HITECH Standards and any future regulations promulgated thereunder.
t)To the extent that CYC is to carry out one or more of covered entity's
obligation(s) under Subpart E of 45 CFR Part 164, CYC shall comply with the
requirements of Subpart E that apply to Client in the performance of such
obligation(s).
5.General Use and Disclosure Provisions.
Except as otherwise limited in this Agreement:
a)CYC may only use or disclose protected health information as necessary to
perform the services set forth in the underlying service agreement.
b)CYC may use or disclose protected health information as required by law.
i) CYC may not use or disclose protected health information
in a manner that would violate Subpart E of 45 CFR Part 164 if done by
Client, except for the specific uses and disclosures set forth below: CYC
may use protected health information for the proper management and
administration of CYC or to carry out the legal responsibilities of CYC.
ii) CYC may disclose Protected Health Information in its
possession for the proper management and administration of CYC,
provided that disclosures are Required by Law, or CYC obtains reasonable
assurances from the third party to whom the information is disclosed that
such Protected Health Information will be held confidentially and used or
further disclosed only as Required By Law or for the purpose for which it
was disclosed to the third party, and the third party notifies CYC of any
instances of which it is aware in which the confidentiality of the Protected
Health Information has been breached.
iii) CYC may provide data aggregation services relating to the
health care operations of the Client.
c)The provisions of this Section 5 shall be subject to the minimum necessary
requirements of Section 4(b).
6.Obligations of Client.
a)Client shall notify CYC of any limitation(s) in its notice of privacy practices in
accordance with 45 C.F.R. § 164.520, to the extent that such limitation may affect
CYC's use or disclosure of Protected Health Information.
b)Client shall notify CYC, in writing and in a timely manner, of any change in or
revocation of permission by an Individual to use or disclose Protected Health
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Information, to the extent that such change may affect CYC's permitted or
required use or disclosure of Protected Health Information.
c)Client shall notify CYC, in writing and in a timely manner, of any restriction to
the use and/or disclosure of Protected Health Information, which Client has
agreed to in accordance with 45 C.F.R. § 164.522, to the extent that such
restriction may affect CYC's use or disclosure of Protected Health Information.
d)Client shall enter into a Business Associate Agreement with any third party (e.g.,
case managers, brokers or third party administrators) to which Client directs and
authorizes CYC to disclose Protected Health Information.
7.Permissible Requests by Client.
Client shall not request CYC to use or disclose Protected Health Information in any manner
that would not be permissible under Subpart E of 45 C.F.R. Part 164 if performed by
Client.
8.Term and Termination.
a)Term. The term of this Agreement shall commence on the Effective Date, and
shall terminate when all of the Protected Health Information provided by Client to
CYC, or created or received by CYC on behalf of Client, is destroyed or returned
to Client, or, if it is not feasible to return or destroy the Protected Health
Information, protections are extended to such information, in accordance with the
termination provisions in this Section.
b)Termination for Cause. Upon Client's knowledge of a material breach by CYC,
Client shall either:
i) Provide an opportunity for CYC to cure the breach or end
the violation within thirty (30) calendar days, and if CYC does not cure
the breach or end the violation within thirty (30) calendar days, terminate
this Agreement;
ii) Immediately terminate this Agreement if CYC has
breached a material term of this Agreement and cure is not possible; or
iii) If neither termination nor cure is feasible, Client shall
report the violation to the Secretary.
c)Effect of Termination.
i) Except as provided in paragraph (ii) of this Section 8(c),
upon termination of this Agreement for any reason, CYC shall return or
destroy all Protected Health Information received from Client, or created
or received by CYC on behalf of Client. This provision shall apply to
Protected Health Information that is in the possession of subcontractors or
agents of CYC. CYC shall not retain copies of the Protected Health
Information.
ii) In the event that CYC determines that returning or
destroying the Protected Health Information is not feasible, CYC shall
provide to Client notification of the conditions that make return or
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destruction not feasible. Upon determination that return or destruction of
Protected Health Information is not feasible, CYC shall extend the
protections of this Agreement to such Protected Health Information and
limit further uses and disclosures of such Protected Health Information to
those purposes that make the return or destruction not feasible, for so long
as CYC maintains such Protected Health Information.
9.Standards for Electronic Transactions.
a)In connection with CYC’s obligations pursuant to this Agreement or a separate
underlying agreement between the parties, CYC agrees that if it (or an agent or
subcontractor) conducts an electronic transmission for which the Secretary has
established a standard transaction as identified in 45 C.F.R. §§ 162.1101 through
162.1802, CYC (or its agent or subcontractor) shall comply with the requirements
of the those standards. CYC specifically represents that it has obtained such
compliance.
b)CYC agrees that, in connection with the transmission of standard transactions, it
will not (and will not permit any agent or subcontractor with which it might
contract to):
i) change the definition, data condition, or use of a data
element or segment in a standard;
iii) add any data elements or segments to the maximum defined
data set;
iii) use any code or data elements that are either marked “not used” in
the standard’s implementation specification or are not in the standard’s
implementation specification; or
iv) change the meaning or intent of the standard’s implementation
specification(s).
c)CYC understands that Client reserves the right to request an exception from the
uses of a standard as permitted by 45 C.F.R. § 162.940, and, if such an exception
is sought, CYC agrees to participate in a test modification as articulated in that
regulation.
d)CYC understands and agrees that from time to time, the Secretary might modify
the standard transactions now identified in 45 C.F.R. §§ 162.1101 through
162.1802. CYC (and any agent or subcontractor) agrees to abide by any changes
to such standard transactions that might be applicable to the CYC’s obligations
under this Agreement or a separate underlying agreement between the parties.
10.Miscellaneous.
a)Regulatory References. A reference in this Agreement to a section in the HIPAA
Rules means the section as in effect or as amended and for which compliance is
required.
b)Amendment. No change, amendment, or modification of this Agreement shall be
valid unless set forth in writing and agreed to by both parties. Notwithstanding the
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9
foregoing, the parties acknowledge that state and federal laws relating to
electronic data security and privacy are rapidly evolving and that amendment of
this Agreement may be required to ensure compliance with such developments.
The parties specifically agree to take such action as may be necessary from time
to time for the parties to comply with the requirements of HIPAA. CYC shall
provide written notice to Client to the extent that any final regulation or
amendment to final regulations promulgated by the Secretary under HITECH
requires an amendment to this Agreement to comply with HIPAA. Such written
c)notice shall include the proposed language of such amendment that is required by
any such final regulation and the Agreement shall be automatically amended to
incorporate the proposed amendment provided by CYC to Client, unless Client
objects to such amendment, in writing, within fifteen (15) calendar days of receipt
of the written notice. In the event that Client objects timely to the amendment, the
parties shall work in good faith to reach an agreement on an amendment to the
Agreement that complies with the final regulations. If the parties are unable to
reach an agreement regarding amendment to the Agreement within thirty (30)
calendar days of the date that CYC receives written objection from the Client,
CYC may terminate this Agreement upon ninety (90) calendar day’s written
notice to Client.
d)Survival. The respective rights and obligations of CYC under Section 8(c) of this
Agreement shall survive the termination of this Agreement, unless expressly
stated otherwise.
e)Interpretation. Any ambiguity in this Agreement shall be resolved to permit Client
and CYC to comply with HIPAA.
f)Notice. Any notice, report or other communication required under this Agreement
shall be in writing and shall be delivered personally, emailed, sent by facsimile
transmission, or sent by U.S. mail.
g)Governing Law. The rights, duties and obligations of the parties to this
Agreement and the validity, interpretation, performance and legal effect of this
Agreement shall be governed and determined by applicable federal law with
respect to the Privacy Rule and Security Rule and otherwise by the laws of the
state of Nebraska.
(SIGNATURES ON THE FOLLOWING PAGE)
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IN WITNESS WHEREOF, (CLIENT NAME) and CONNECTYOURCARE, LLC have
each caused this Agreement to be executed by its duly authorized representative.
(CLIENT NAME) Authorized By:CONNECTYOURCARE, LLC Authorized By:
Jay Vavricek R. Jamie SpriggsNameName
Authorized Signature Authorized Signature
Mayor Chief Executive Officer
Title Title
Date Date
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ADMINISTRATIVE SERVICES AGREEMENT
This AGREEMENT is made and entered into by and between ConnectYourCare, LLC.
("ConnectYourCare") with its headquarters at 307 International Circle, Suite 200, Hunt Valley,
MD 21030 and City of Grand Island (“Employer”), with its headquarters at Grand Island
Nebraska.
“Code” refers to the Internal Revenue Code of 1986, as amended.
Employer represents and ConnectYourCare acknowledges that:
Whereas, Employer may choose to offer to its employees various types of health savings
programs;
Whereas, Employer may offer to its employees a Health Reimbursement Arrangement
(“HRA”) as described in the regulations underlying Code § 105 and 106;
Whereas, Employer may offer to its employees a Health Flexible Spending Arrangement
(“FSA”) as described in the regulations underlying Code § 125;
Whereas, Employer may offer to its employees a Dependent Care Assistance Program
(“DCAP”) Flexible Spending Arrangement as described in Code § 129 and regulations
underlying Code § 125;
Whereas, the above are collectively referred to as “The Program” or “The Programs;”
Whereas, Employer may offer to its employees a Health Savings Account (“HSA”) described
in Code § 223;
Whereas, the HSA is funded by a related trust (the “Trust”) which is intended to satisfy the
requirements of Code § 223 and for which HSA Bank serves as trustee (“Trustee”);
Whereas, Employer’s employees may elect to enroll in an HSA under the terms set forth in
the HSA Bank Health Savings Account (HSA) Enrollment Form and Agreements;
Whereas, Employer desires ConnectYourCare to provide, in conjunction with the Trustee,
certain assistance to Employer in connection with the HSA, all as more fully described in this
Agreement, and ConnectYourCare is willing to provide those services;
Whereas, Employer desires ConnectYourCare to perform certain administrative services
with respect to the Program and the HSA as more fully described in this Agreement, and
ConnectYourCare is willing to perform those services.
In consideration of the promises and mutual covenants contained in this Agreement, Employer
and ConnectYourCare agree as follows:
1.Services: ConnectYourCare shall provide to Employer (or the employees electing the
HSA) those HSA-related services described in Exhibit A. ConnectYourCare shall
provide to Employer (or the Employees electing the Program) those Program-related
services described in Exhibit B.
a)Nature of Services:
i)Administrative Services Only - Employer understands and agrees that
ConnectYourCare's sole function under this Agreement is to act as
recordkeeper or provide other administrative services in accordance with
the terms of this Agreement. Under the terms of this Agreement,
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2
ConnectYourCare does not render investment advice, is not the "plan
administrator," trustee or a fiduciary, as these terms or other analogous
terms may be defined under applicable state, local, or federal law, and
does not provide legal, tax or accounting advice with respect to the
creation, adoption or operation of the HSA and the Programs or the Trust.
ConnectYourCare is not an insurer or guarantor of any benefits provided
under the Program and in no event will ConnectYourCare be obligated to
use any of its own funds to provide benefits under the Program.
Providing adequate funding for benefits and expenses due under, or in
connection, with the Program is the sole responsibility of Employer.
ii)Discontinuance of Services Inconsistent with Role - If, based on changes in
the applicable regulatory structure or the interpretation of the regulatory
structure, there is a reasonable likelihood that any service being, or to be,
provided under this Agreement by ConnectYourCare could constitute a
discretionary function and thereby subject ConnectYourCare to
classification as a “fiduciary” under applicable state, local, or federal law
with respect to the HSA or the Program, and such service could not be
restructured in a manner that would not subject ConnectYourCare to
classification as a “fiduciary” under applicable state, local, or federal law,
then ConnectYourCare, upon reasonable notice to Employer may decline
to thereafter provide that service. The failure to provide any such service
shall not constitute a breach of ConnectYourCare’s obligations under this
Agreement.
iii)Not ERISA Benefit Plan – If Employer offers the HSA to its employees,
Employer shall do so in such a manner that it will not constitute an
“employee welfare benefit plan” within the meaning of ERISA § 3(1) or an
“employee pension benefit plan” within the meaning of ERISA § 3(2), and
acknowledges that any services provided by ConnectYourCare with
respect to the HSA need not comply with ERISA requirements.
iv)Compliance Responsibility - Employer is solely responsible for ensuring
that the HSA and the Program comply with all applicable provisions of the
Code and any applicable state and local laws governing the HSA and the
Program.
v)Reliance Upon Data: All services provided by ConnectYourCare
hereunder shall be based on information supplied by Employer or any
other designee or agent of Employer (as designated by Employer).
Employer acknowledges that the timely provision of accurate, consistent
and complete HSA and Program Data in the format specified by
ConnectYourCare is essential to its delivery of services, and Employer is
responsible for ensuring such timely and accurate data is delivered to
ConnectYourCare in ConnectYourCare's approved format. For these
purposes, “HSA and Program Data” means all data and records supplied
to ConnectYourCare, obtained by ConnectYourCare or produced by
ConnectYourCare (based on data or records supplied to, or obtained by,
ConnectYourCare) in connection with performing the services pursuant to
this Agreement. HSA and Program Data include current participant
names, addresses, status and contribution amounts.
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b)Data in Electronic Format: Employer agrees that administrative, contribution and
recordkeeping data shall be in an electronic format acceptable to
ConnectYourCare and will be updated as ConnectYourCare requires for proper
processing. If the data is not submitted in an electronic format or if the format of
the data requires additional translation, formatting or cleansing,
ConnectYourCare reserves the right to approve or refuse such submission and to
charge additional data-handling fees as required.
c)Reliance Upon Persons Designated by Employer: Employer will provide names
and other information for persons authorized to take actions for or provide
information on behalf of the HSA and the Program or the Trust. Until notified of a
change, ConnectYourCare may reasonably rely upon this information and may
act upon instructions received from and/or on information provided by these
named persons. ConnectYourCare has the right to assume that those persons
continue to be authorized unless notified otherwise in writing.
e)Customer Service:
i)Customer Service Representatives - Customer service representatives
will be available at a toll free telephone number 24 hours a day, 7 days a
week (except for emergency closings) to assist participants.
ConnectYourCare reserves the right to change the customer service
representatives’ hours of availability upon reasonable advance notice to
the Employer.
ii)Internet Services - ConnectYourCare will provide access to
ConnectYourCare website as described in paragraph 1(f) of this
Agreement to allow participants and Employer to access certain account
information and for participants to file claims.
iii)Participant Statement of Account – Participants will have access to their
accounts through ConnectYourCare’s website as described in paragraph
1(f) of this Agreement.
f)Basic Benefits Portal System Services:
i)Participant Portal - ConnectYourCare will provide participants with access
to ConnectYourCare's portal system. This system will allow online claim
filing. The participant will also have online access to the following:
Real-time history of claim submission and payment process;
Account management with transaction history and account balance;
Contribution data; and
Education tools.
ii)Non-participant Portal – As an additional service, ConnectYourCare will
provide non-participants with access to ConnectYourCare's portal system
for a service fee as described in Exhibit C. The non-participants will have
online access to the education tools.
2.Compensation: In consideration for its services provided hereunder, Employer shall pay
ConnectYourCare or its designee in accordance with the Fee Schedule provided in
Exhibit C. ConnectYourCare may amend the schedule for services not yet rendered
upon giving notice in writing under the same conditions specified in paragraph 7(c) of
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this Agreement. If Employer is billed by ConnectYourCare, Employer shall pay all
invoiced fees by utilizing an Automated Clearing House ("ACH") Electronic Funds
Transfer (“EFT”), and all fees are due upon receipt of ConnectYourCare’s invoice. If
Employer is billed for ConnectYourCare services by the designee, Employer shall pay
the designee all invoiced fees utilizing the method and due dates agreed to by Employer
and the designee. In connection with the operation of its business activities, CYC may
be entitled to certain bank interchange (or similar) fees. Such fees are for CYC’s sole
benefit and are assets of CYC in which CYC retains all title, interest and rights, including
the right to allocate a portion of such CYC assets to other service providers.
3.Use of Agents or Subcontractors: ConnectYourCare may perform any of the services
described in this Agreement through agents and subcontractors selected by
ConnectYourCare. ConnectYourCare shall reasonably supervise any such agent or
subcontractor, and the retention of agents or subcontractors shall not relieve
ConnectYourCare of its duties hereunder.
4.ConnectYourCare not Legal Counsel: Employer understands and agrees that it shall
review with its legal and/or tax counsel all documents and information provided to it by
ConnectYourCare and that Employer shall consult such counsel on any questions
concerning Employer’s responsibilities under this Agreement, the HSA and the Program
documents, and the legal sufficiency of any documents so provided. Employer
understands that neither ConnectYourCare nor any of ConnectYourCare’s other
affiliates are permitted to provide Employer with legal or tax advice or otherwise engage
in the practice of law. Employer acknowledges that it will not rely on any documents or
information provided as if it were legal or tax advice, and ConnectYourCare shall not be
liable for any legal or tax consequences resulting from such reliance.
5.Notice of Errors: All information supplied to Employer or participant will be deemed
correct if notice of discrepancies is not given to ConnectYourCare by the participant or
Employer within 90 days of issuance of the report statement, confirmation, or other
information. After that period, ConnectYourCare will correct statements or transactional
errors reflected on these statements, but will not be liable for consequential damages
due to any errors not reported within that period.
6.Indemnification:
a) Indemnification of ConnectYourCare: Employer shall hold harmless and
indemnify ConnectYourCare and its employees, agents, and subcontractors
(“Indemnitees”) from and against any loss, damage, liability, claims, costs and
expenses, including reasonable attorneys’ fees (“Liabilities”), to which the
Indemnitees may become subject, which result from:
i)Any misrepresentation or nonfulfillment of any terms of this Agreement by
the Programs, Employer, or other individual including, but not limited to,
liabilities resulting from the provision of inaccurate, untimely, or
incomplete information to ConnectYourCare or the failure to provide
ConnectYourCare with clear instructions as to distributions;
ii)Any failure by Employer, or other individual to comply with the terms of
the HSA and the Program;
iii)A violation by Program, Employer or other individual of the requirements
of applicable state, local and/or federal laws;
iv)The making by ConnectYourCare of any benefit payment based upon
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5
instructions that ConnectYourCare reasonably believes to be authorized;
and
v)Any action, conduct or activity, including the failure to take action or to
perform any activity taken by ConnectYourCare at the direction of
Employer or Trustee or in accordance with the Program.
b)Indemnification of Employer: Except as provided in paragraph 6 above or otherwise
in this Agreement. ConnectYourCare shall hold harmless and indemnify
Employer and its employees from and against any loss, damage, liability, claims,
costs and expenses, including reasonable attorneys’ fees, to which Employer
may become subject, which are caused directly by the gross negligence or willful
misconduct by ConnectYourCare. The liability of ConnectYourCare (and its
affiliates, agents and subcontractors) hereunder, regardless of the theory or form
of action, shall not exceed the aggregate of the total amount of fees paid by
Employer hereunder.
c)General Conditions of Indemnification: The indemnified person shall:
i)Give written notice to the indemnifying party of any indemnified claim,
demand or action within 15 days after it has knowledge thereof;
ii)Permit the indemnifying party at its option to assume control of the
defense of such claim, demand or action;
iii)Give full cooperation in the investigation and defense on request;
iv)Use its best efforts to mitigate the damages: and
v)Not compromise or settle such claim, demand or action without the
indemnifying party’s written consent.
7.Duration; Termination; Successor Recordkeeper:
a)Effective Date of Initial Plan Year: The Effective Date of Initial Plan Year will be
as defined on the signature page below. The Applicable Plan Year will be the
then current plan year as defined in Employer’s plan documents.
b)Duration: After an Initial Term which will end three (3) years from the Effective
Date of Initial Plan Year, this Agreement will continue for successive one (1) year
Renewal Terms until terminated according to paragraph 7(c).
c)Termination: Either party may terminate this Agreement by providing written
notice at least 90 days prior to the end of the Initial Term or 90 days notice prior
to each subsequent one year Renewal Term. Such notice shall be deemed to
have been given three (3) days after mailing in the U.S. mail or immediately upon
receipt if delivered to the address set forth in paragraph 8 of this Agreement. The
notice period may be waived by the party entitled to the notice.
d)Run-Out Period: If the Agreement is terminated on an anniversary date,
ConnectYourCare will, for the 90 day period immediately following the date of
termination ("Run-Out Period"), continue to administer claims for expenses
incurred in the previous year in the manner described in this Agreement. Upon
expiration of the Run-Out Period, all obligations of ConnectYourCare to
administer claims or perform any other services under this Agreement shall
cease.
e)Successor Recordkeeper: Upon termination, the parties agree that
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6
ConnectYourCare shall have no further duty or responsibility to Employer under
this Agreement except as provided by the Run-Out Period described in
paragraph 7(d) of this Agreement. However, ConnectYourCare will use
reasonable efforts to transfer all relevant non-proprietary information concerning
the HSA and the Program that ConnectYourCare deems necessary for future
operations, in ConnectYourCare’s standard format, to Employer or to a
successor service provider. Any unforeseeable or unusual costs or expenses
incurred by ConnectYourCare in effecting this transfer shall be paid by Employer
unless waived in writing by ConnectYourCare. Employer agrees that
ConnectYourCare may charge reasonable fees for the provision of requested
records or reports that ConnectYourCare previously provided.
f)Survival of Indemnification: Employer acknowledges and agrees that the
indemnification provisions of paragraph 6 of this Agreement shall survive the
termination of this Agreement.
8.Notices: Any notice or other communication required under paragraph 7 of this
Agreement shall be in writing and shall be delivered personally, telegraphed, sent by
facsimile transmission or sent by certified, registered or express mail, postage prepaid.
Any such notice shall be deemed given when so delivered personally, telegraphed or, if
sent by facsimile transmission, upon the recipient’s oral verification by telephone of
receipt or, if mailed, three (3) days after the date of deposit in the U.S. mail, as follows:
If to ConnectYourCare: 307 International Circle, Suite 200, Hunt Valley, MD 21030.
If to Employer: City of Grand Island
9.Entire Agreement; Amendment: This Agreement, including the Exhibits hereto, which
are specifically incorporated herein contains the entire Agreement among the parties
hereto with respect to the subject matter hereof, and there are no other Agreements
written or oral, relating to the subject matter hereof other than those explicitly set forth
herein or attached hereto. This Agreement may be amended at any time, but only when
agreed to in writing by the parties.
10.Construction: This Agreement is the result of negotiation by both parties, and, therefore,
no claim shall be made to construe any portion of the Agreement against either party on
the basis of such party’s participation in the negotiating thereof.
11.Binding Effect; No Assignment: This Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors, assigns and legal representatives.
Neither this Agreement, nor any right hereunder, may be assigned by any party without
the written consent of the other parties hereto. Notwithstanding the foregoing, this
Agreement may be assigned by ConnectYourCare to a successor entity without prior
written consent of Employer.
12.Representations and Warranties: ConnectYourCare makes no representations or
warranties, either statutory, express or implied, of any kind with respect to the services
or ConnectYourCare’s performance of services under the agreement, including, without
limitation, those of merchantability and fitness for a particular purpose, which, without
limiting the foregoing, are disclaimed by ConnectYourCare. No descriptions or
specifications, whether or not incorporated into the agreement, no provision of marketing
or sales materials and no statement made by any sales representative in connection
with the services shall constitute representations or warranties of any kind.
Grand Island Council Session - 11/12/2013 Page 309 / 355
7
13.Headings: The headings in this Agreement are for reference only, and shall not affect
the interpretation of this Agreement.
14.Severability: If any word, phrase, sentence, paragraph, provision or section of this
Agreement shall be held, declared, pronounced or rendered invalid, void, unenforceable
or inoperative for any reason by any court of competent jurisdiction, governmental
authority, statute or otherwise, such holding, declaration, pronouncement or rendering
shall not adversely affect any other word, phrase, sentence, paragraph, provision or
section of this Agreement, which shall otherwise remain in full force and effect and be
enforced in accordance with its terms.
15.Governing Law: This Agreement shall be governed by and construed in accordance
with the laws of Nebraska. The forum for any legal disputes shall be limited to courts
within the State of Nebraska, and Employer consents to the personal jurisdiction therein.
16.Third Party Beneficiaries: The provisions of this Agreement are solely for the benefit of
the parties hereto and their affiliates and are not intended to confer upon any person
except the parties hereto any rights or remedies herein.
17.Unforeseen Circumstances: ConnectYourCare shall not be liable for any default or
delay in the performance of its services under this Agreement if and to the extent such
default or delay is primarily caused, directly or indirectly, by:
a)Fire, flood, elements of nature or other acts of God;
b)Any outbreak or escalation of hostilities, terrorist actions, war, riots or civil
disorders in any country;
c)Any act or omission of the other party or any governmental authority; or
d)Nonperformance of a third party or any similar cause beyond the reasonable
control of ConnectYourCare, including without limitation, failures or fluctuations in
telecommunications or other equipment.
In any such event, ConnectYourCare shall be excused from any further performance
and observance of the obligations so affected only for as long as such circumstances
prevail and ConnectYourCare continues to use reasonable efforts to recommence
performance or observance as soon as practicable.
18.Writing and Signature; Electronic Transactions: Unless otherwise explicitly required by
law,
a) Any requirement for a writing under this Agreement may be rendered in any form
that can reliably reproduce an accurate physical record of the communication
and authenticate the source, including but not limited to facsimile transmission,
electronic mail, or Internet transmission.
b)Any requirement of a signature under this Agreement may be rendered in any
form clearly indicated by the signatory to be a signature or which complies with
instructions directly given to the signatory as to the proper form of indicating a
signature in an electronic or voice response environment. Appropriate forms
include, but are not limited to, personal identification numbers rendered over the
Internet, and facsimile transmissions.
c)Notwithstanding a) or b), above, the recipient of any writing or signature under
this Agreement may require the confirmation of any writing or signature in
Grand Island Council Session - 11/12/2013 Page 310 / 355
8
physical form (such as hand or typewritten or the equivalent) with a manual
signature.
d)Employer represents that the HSA and the Program document(s) will allow for
transactions to be made by electronic means. Under the HSA and the Program
document(s) and this Agreement together, notices, consents and other actions
by or on behalf of, or with respect to, the HSA and the Program, its participants
and their respective beneficiaries (“HSA & Program Transactions”) may be
effected, in whole or in part, by electronic means. Any HSA and Program
Transactions relating to services provided under this Agreement may be initiated
or effected by Employer, the Program, a participant or a beneficiary by use of
ConnectYourCare-authorized electronic means, Internet access system
(including ConnectYourCare web site) or telephone service line. Use of
electronic means for HSA and Program Transactions is subject to the terms and
conditions established by ConnectYourCare and disclosed to Employer and
participants, and electronic transactions shall be binding on the parties if
ConnectYourCare, acting in good faith, believes that such transactions are
authorized by Employer, a participant, or beneficiary, as applicable.
19.Change in Trustee: Upon mutual agreement of the parties, a new trustee may be
substituted for the existing Trustee. Such substitution shall not alter the obligations of
ConnectYourCare or Employer under this Agreement.
20.Confidential Information: Each party shall comply with the provisions of this paragraph
20 "Confidential Information".
a)Definition. The term “Confidential Information” shall mean the terms and
conditions of this Agreement and all proprietary information, data, trade secrets,
business information, financial information, tax and legal opinions, customer and
prospect lists, supplier lists, business forecasts, processes, methodologies,
algorithms, merchandising and marketing plans and materials, and other
information of any kind whatsoever, the confidential or proprietary nature of which
is reasonably apparent under the circumstances and which (a) a party or its
affiliates or subcontractors (“Discloser”) discloses, in writing, orally or visually, to
the other Party or its Affiliates or subcontractors (“Recipient”) or to which
Recipient obtains access in connection with the negotiation and performance of
this Agreement, and which (b) relates to (i) the Discloser, (ii) the customers
and/or associates of a party or its affiliates or subcontractors, or (iii) clients or
participants who have made confidential or proprietary information available to a
party or its affiliates or subcontractors. Confidential Information shall not include
any information that (A) is public knowledge at the time of disclosure; (B) at the
time of disclosure is already in the lawful possession of the other party or its
affiliates or subcontractors; (C) was made available to the other party or its
affiliates or subcontractors, without restriction on disclosure, by a third party not
under obligation of confidentiality with respect to the disclosed information; or
(D) information which a party or its affiliates or subcontractors independently
develops.
b)Protection of Confidential Information. Each of the parties, as Recipient, hereby
agrees on behalf of itself and its employees, officers, affiliates and subcontractors
that Confidential Information of the other party (and of its affiliates and
subcontractors) shall be kept in confidence and shall not be disclosed or made
available, directly or indirectly, to any person for any reason whatsoever, other
Grand Island Council Session - 11/12/2013 Page 311 / 355
9
than on a “need to know basis” and then only to: (a) its employees and officers;
(b) subcontractors and other third parties specifically permitted under this
Agreement, provided that all such persons are subject to a confidentiality
agreement which shall be no less restrictive than the provisions of this paragraph
20 and as otherwise provided in this Agreement; (c) independent contractors,
agents, and consultants hired or engaged by a party, provided that all such
persons are subject to a confidentiality agreement which shall be no less
restrictive than the provisions of this paragraph 20 and otherwise provided in this
Agreement; and (d) as required by law or as otherwise permitted by this
Agreement, either during the term of this Agreement or after the termination of
this Agreement. Each party shall use Confidential Information of the other party
only for the purposes of performing its obligations under this Agreement. A party
shall use at least the same degree of care to protect the other party’s Confidential
Information as it uses to protect its own information, which shall in any event be
no less than reasonable care. A party shall promptly notify the other party of any
actual or suspected loss or unauthorized use, disclosure of or access to the other
party’s Confidential Information. Prior to any disclosure of Confidential Information
as required by law, the Recipient shall (i) notify the Discloser of any actual or
threatened legal compulsion of disclosure, and any actual legal obligation of
disclosure immediately upon becoming so obligated, and (ii) cooperate with the
Discloser’s reasonable, lawful efforts to resist, limit or delay disclosure.
c)Destruction/Return of Confidential Information. Upon the termination or expiration
of this Agreement, or at any time upon the request of a Party, the other Party
shall return or destroy (and cause its affiliates and subcontractors to return or
destroy) all Confidential Information, including Customer Information, in the
possession of such party or in the possession of any third party over which such
party has or may exercise control. However, to the extent such Confidential
Information is necessary for the Recipient to perform one or more obligations that
survive the termination or expiration of this Agreement, the Recipient shall not be
required to return or destroy such Confidential Information until all such surviving
obligations have been satisfied. Notwithstanding anything to the contrary herein,
each party shall be entitled to retain one (1) copy of any Confidential Information
of the other party for archival purposes or to satisfy any future legal
requirements. Any such retained Confidential Information shall be protected as
described in this paragraph 20.
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10
IN WITNESS THEREOF, Employer has caused this Agreement to be executed by its duly
authorized representative.
Date Agreement Effective:
Effective Date of Initial Plan Year:
Employer Authorized By:ConnectYourCare Authorized By:
Jay Vavricek R. Jamie Spriggs
Name Name
Authorized Signature Authorized Signature
Mayor Chief Executive Officer
Title Title
Grand Island Council Session - 11/12/2013 Page 313 / 355
11
EXHIBIT A
Administration and Recordkeeping Services for Health Savings Account
ConnectYourCare will provide the following administrative services under this Agreement:
1.Enrollment and Communications: ConnectYourCare will provide its standard enrollment
kit with standard forms and notices necessary to implement the HSA’s administration,
including the HSA Enrollment Form, Agreement, and Terms and Conditions, all in
electronic format, necessary to implement the administration with the Trustee.
Customized enrollment and communication materials may be provided at additional cost,
as more fully described in Exhibit C. ConnectYourCare will be reimbursed for costs
incurred when using design and production facilities outside of ConnectYourCare, these
costs to be Employer-reviewed and approved in advance.
2.HSA Administration and Recordkeeping:
a)Participant Accounts with the Trustee: Each participant in the HSA must establish
his or her own HSA Trust Account with the Trustee. The Trustee will establish and
maintain a participant HSA account for each program participant for whom it
receives complete enrollment information. ConnectYourCare is not responsible for
determining if such participants are eligible under the terms of the program or for
maintaining such accounts.
b)Participant Files: ConnectYourCare maintains electronic records for all participants
for whom participant accounts have been established. .
c)Transfer of HSA funds: Employer agrees to establish a payroll deduction for the
HSA. ConnectYourCare will notify Employer after each contribution cycle is
processed as to cumulative HSA funds processed for that period. Employer will
allow ConnectYourCare to initiate transfer via Automated Clearing House (ACH)
Electronic Funds Transfer (EFT) from Employer’s designated bank account the
cumulative HSA funds processed for that period. ConnectYourCare will deposit
these funds into a pre-established sweep account owned and managed by
ConnectYourCare. ConnectYourCare will remit the funds to the Trustee for
deposit into each employee’s HSA in accordance with an agreement between
ConnectYourCare and the Trustee. ConnectYourCare will retain funds only for as
long as necessary to complete the transfer of funds to the Trustee.
d)Reports: ConnectYourCare will provide Employer with the ability to produce
program-level reports utilizing the information maintained on its recordkeeping
system. Standard reports will summarize all transactions that occurred for each
participant and report new enrollees within the specified time period.
3.HSA Document: All documents pertaining to the HSA will be provided by the Trustee.
4.ConnectYourCare Healthcare Payment Card: ConnectYourCare will provide participants
with a healthcare payment card integrated with the participant's account. The payment
card will allow the participant’s account balance to automatically transfer to the payment
card. The payment card can be used at any eligible healthcare merchant provided the
merchant has properly configured the merchant code to identify itself correctly.
Cardholders are subject to the terms and conditions described in the cardholder
agreement, which will be provided with the payment card.
Grand Island Council Session - 11/12/2013 Page 314 / 355
12
EXHIBIT B
Administration and Recordkeeping Services for the Programs
ConnectYourCare will provide the following administrative services under this Agreement:
1.Enrollment and Communications: ConnectYourCare will provide its standard enrollment
kit with standard forms and notices necessary to implement the Program’s
administration, all in electronic format. Customized enrollment and communication
materials may be provided at additional cost, as more fully described in Exhibit C.
ConnectYourCare will be reimbursed for costs incurred when using design and
production facilities outside of ConnectYourCare, these costs to be Employer-reviewed
and approved in advance.
2.Compliance With Applicable Governing Law: Employer is solely responsible for all
Program documents and for ensuring that the Program complies with all applicable
provisions of the Internal Revenue Code and any applicable state and local laws
governing the Program. ConnectYourCare will provide basic Program information, such
as participant counts, that is readily available on its systems to assist Employer with
complying with the requirements of the Code
3.Administration and Recordkeeping:
a)Participant Accounts: ConnectYourCare will establish participant accounts for each
Program participant for whom it receives complete enrollment information.
ConnectYourCare is not responsible for determining if such Program participants
are eligible under the terms of the Program.
b)Participant Files: ConnectYourCare maintains electronic records for all participants
for whom participant accounts have been established.
c)Transfer of Funds: Employer agrees to establish a payroll deduction for the
Program as applicable. In addition, Employer agrees to advance benefit
payments on behalf of the plan by transferring funds from its own general assets
to ConnectYourCare in an amount equal to 4% of expected annual Program
contributions, but not less than $250, this amount to be known as the Required
Minimum Funding. This advance, or initial deposit, will be made prior to the
Effective Date of Initial Plan Year and will be used by ConnectYourCare to pay
claims.
i)On a weekly basis, Employer will allow ConnectYourCare to initiate a
transfer via ACH EFT from Employer’s designated bank account. The
amount transferred will be the amount necessary to return the existing
deposit balance to the Required Minimum Funding. In this manner,
ConnectYourCare will, each week, have available an amount equal to the
Required Minimum Funding to facilitate payment of claims for the week.
Employer agrees to grant ConnectYourCare authority to write checks for
the payment of allowable expenses under the Program.
ii)As calculated on a daily basis, if current claim payments cause the
existing deposit balance to fall below 4% of the Required Minimum
Funding, Employer will allow ConnectYourCare to initiate a transfer via
ACH EFT from Employer’s designated bank account outside the schedule
provided for in paragraph 3(c)(i) of this Exhibit. The amount transferred
will be the amount necessary to return the existing deposit balance to
50% of the Required Minimum Funding.
Grand Island Council Session - 11/12/2013 Page 315 / 355
13
iii)On a Monthly basis, ConnectYourCare will re-calculate the Required
Minimum Funding based on the expected annual Program contributions
for all Participants active at that time. If the re-calculated Required
Minimum Funding exceeds the previously used Required Minimum
Funding by 25% or more, the Required Minimum Funding will be replaced
by the new calculation. This adjustment to the Required Minimum
Funding will be part of the weekly process provided for in paragraph
3(c)(i) of this Exhibit.
iv)In no event will ConnectYourCare be obligated to issue claim payments of
any kind or cause payment card payments to be approved if the existing
deposit balance falls below zero.
d)Claims Processing:
i)Review of Claims - ConnectYourCare will review claims in accordance
with standards set forth under applicable law, including IRS guidelines
concerning eligible expenses, and Department of Labor claims procedure
regulations. Employer retains the authority to decide appeals.
ConnectYourCare shall have no discretionary authority with respect to the
processing of claims under the Program as such claims shall be
processed in accordance with the framework of policies, interpretations,
rules, practices and procedures, established by Employer for the
Program. ConnectYourCare's services under this Agreement are solely
ministerial and non-discretionary in nature.
ii)Payment of Claims - ConnectYourCare will process claims within five (5)
business days of the date ConnectYourCare receives a claim request
from a participant. Checks, if applicable, will be issued within two (2)
scheduled weekly check payment cycles, upon receipt of claims in good
order. Claims are in "good order" when the reimbursement request
contains all pertinent information, including information required to
substantiate the claim. ConnectYourCare will not reimburse a
participant’s claim unless the participant has sufficient funds in his/her
Program at the time the claim is submitted. If the participant does not
have sufficient funds in his/her Program at the time the claim is submitted,
the reimbursement request will be held by ConnectYourCare and
processed in accordance with the time frame described in this paragraph
starting with the date that such funds are available.
For the Health FSA only, ConnectYourCare will reimburse a participant’s
claim up to the amount the participant has elected to contribute to the
Health FSA for the year minus any amounts previously reimbursed,
whether or not the participant has sufficient funds in his Health FSA
account at the time the claim is submitted, in accordance with IRS
regulations.
iii)Unsubstantiated Claims/Ineligible Expenses - If a participant is not able to
substantiate a claim, or if payment for an expense is advanced through
the debit card and subsequently deemed ineligible for reimbursement,
ConnectYourCare will attempt to collect these amounts from the
participant. Where ConnectYourCare is unsuccessful, Employer will be
responsible for collecting such amounts. ConnectYourCare will make
data available to the Employer that identifies the employees and amounts
Grand Island Council Session - 11/12/2013 Page 316 / 355
14
to enable Employer to deduct an amount equal to the unsubstantiated or
ineligible reimbursement from the participant's paycheck or to add to the
participant’s taxable wages, as allowed by state law.
e)Reports: ConnectYourCare will provide Employer with the ability to produce
Program-level reports utilizing the information maintained on its recordkeeping
system. Standard reports will summarize all transactions that occurred for each
participant and report new enrollees within the specified time period.
4.Plan Document:
Maintenance of a document consistent with the Program operations and all legal
requirements is the responsibility solely of Employer.
a)Maintenance of Documents: ConnectYourCare will provide a sample plan
document to Employer if requested. ConnectYourCare will use reasonable best
efforts to provide updates to Employer in a timely manner after changes in the
law and regulation. Employer will inform ConnectYourCare of changes it desires
to the Program prior to the time ConnectYourCare is expected to implement
those changes.
b)Preparation of Amendments: The preparation of amendments, other
documentation, or systems changes to implement amendments will be billed at
ConnectYourCare’s hourly service rates listed in Exhibit C.
5.ConnectYourCare Healthcare Payment Card: ConnectYourCare will provide participants
with a healthcare payment card integrated with the participant's account. The payment
card will allow the participant’s account balance to automatically transfer to the payment
card. The payment card can be used at any eligible merchant provided the merchant
has properly configured the merchant code to identify itself correctly. Cardholders are
subject to the terms and conditions described in the cardholder agreement, which will be
provided with the payment card.
.
Grand Island Council Session - 11/12/2013 Page 317 / 355
15
EXHIBIT C
Fee Schedule
In consideration for the services provided under this Agreement, Employer agrees to pay the
following fees:
Monthly fee per account participant per month (PPPM) $3.00
Run-Out Charges (one-time fee)$
Set up fee (one time charge)Waived
Annual fee per Program (waived first year)$
Trust services (HSA only)Included
Healthcare Payment Card Services Included
Additional Payment Card (initial card included)$
Returned check/ Automated Clearinghouse (ACH)$
Additional Services Fees, check if applicable:
Monthly fee per non-participant per month (PEPM), (based
on the number of employees with access to
ConnectYourCare’s portal system not participating in the
Program).
$
Enrollment meetings:$
Non-discrimination Testing $
Customized material design Hourly Rate = $
Additional data handling fee:Hourly Rate = $
Additional services:Hourly Rate = $
Grand Island Council Session - 11/12/2013 Page 318 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-375
WHEREAS, the City of Grand Island advertised a request for proposal for
administration of a City Health Savings Account (HSA); and
WHEREAS, the City received and reviewed proposals from vendors; and
WHEREAS, Connect Your Care is the vendor recommended to provide services
for the HSA administration; and
WHEREAS, the proposed contract is for $3 per participant per month for the
contract duration of three years.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve a contract with Connect Your
Care for the City’s Health Savings Account (HSA) administration.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 319 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-7
#2013-347 - Reconsideration of Approving Declaration of a Site
Known as Redevelopment Area 13 Located North of Phoenix
Avenue and West of Lincoln Avenue
Staff Contact: Chad Nabity
Grand Island Council Session - 11/12/2013 Page 320 / 355
1
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 12, 2013
Subject:Reconsideration of Approving Declaration of a Site
Known as Redevelopment Area 13 Located North of
Phoenix Avenue and West of Lincoln Avenue
Item #’s:I-8
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Gary Jacobsen commissioned a Blight and Substandard Study for Proposed
Redevelopment Area No. 13 to be prepared by Marvin Planning Consultants of David
City, Nebraska. The study area includes approximately 2.16 acres referred to as CRA
Area No. 13. The study focused on property bounded by the hike bike trail on the north,
Lincoln Avenue on the east, Phoenix Avenue to the south and Adams Street on the west
in central Grand Island. (See the attached map) On September 10, 2013, Council referred
the attached study to the Planning Commission for its review and recommendation. On
October 22, 2013 the City Council considered and did not approve Resolution 2013-347
that would have approved Area 13 as blighted and substandard. Council had considered
amending the study to limit the area to be declared blighted and substandard to those
properties within the municipal limits, specifically the Gauthier property under contract
by Mr. Jacobsen. Council was told at the meeting that they would not be able to consider
this smaller area; Council voted and did not approve the resolution that would have
declared the whole area blighted and substandard. Since the last meeting staff has
reviewed the case and determined that Council does in fact have the ability to declare a
portion of the study area blighted and substandard. Council Member Minton is requesting
that the City Council consider a motion to reconsider the action on Resolution 2013-347
and consider amending that Resolution so that only those portions of the study area
currently in the Grand Island City Limits be declared blighted and substandard.
The decision on whether to declare an area substandard and blighted is entirely within the
jurisdiction of the City Council with a recommendation from the Planning Commission.
Grand Island Council Session - 11/12/2013 Page 321 / 355
2
Discussion
The Statutory authority and direction to the Planning Commission is referenced below to
explain the Planning Commission purpose in reviewing the study:
Section 18-2109
Redevelopment plan; preparation; requirements.
An authority shall not prepare a redevelopment plan for a redevelopment project
area unless the governing body of the city in which such area is located has, by
resolution adopted after a public hearing with notice provided as specified in
section 18-2115, declared such area to be a substandard and blighted area in need
of redevelopment. The governing body of the city shall submit the question of
whether an area is substandard and blighted to the planning commission or board
of the city for its review and recommendation prior to making its declaration. The
planning commission or board shall submit its written recommendations within
thirty days after receipt of the request. Upon receipt of the recommendations or
after thirty days if no recommendation is received, the governing body may make
its declaration.
~Reissue Revised Statutes of Nebraska
A flow chart of the blight declaration process is shown in Figure 2.
At this time, the Planning Commission and Council are only concerned with determining
if the property is blighted and substandard. Figure 3 is an overview of the differences
between the blight and substandard declaration and the redevelopment plan. If a
declaration as blighted and substandard is made by Council then the Community
Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The
redevelopment plans must also be reviewed by the Planning Commission and approved
by Council prior to final approval.
Grand Island Council Session - 11/12/2013 Page 322 / 355
3
Figure 1 Redevelopment Area 13 includes all properties within the hatched area.
Grand Island Council Session - 11/12/2013 Page 323 / 355
4
Study
Commissioned by
CRA
Study Commissioned
by Other Agency
Study Presented to
CRA
Study Presented to
Council
May Be Forwarded
to RPC
Study Sent to
RPC for Review
and
Recommendation
Council Chooses not
to Forward Study to
RPC
No Declaration Made
RPC Reviews
Study and Makes
Recommendation
within 30 Days
Council
Considers
Substandard
and Blighted
Declaration
Council Chooses not to
Make Substandard and
Blighted Declaration. No
Redevelopment Plans May
be Considered
Council Declares Area
Substandard and Blighted.
Redevelopment Plans
May be Considered by
the CRA
Process for Declaring an area of the City
Substandard and Blighted
Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple
box).
Grand Island Council Session - 11/12/2013 Page 324 / 355
5
Substandard and
Blighted Declaration vs.
Redevelopment Plan
Substandard and
Blighted Declaration
A Study of the
Existing Conditions of
the Property in
Question
Does the property
meet one or more
Statutory Conditions
of Blight?
Does the Property
meet one or more
Statutory Conditions
of Substandard
Property?
Is the declaration in
the best interest of
the City?
Redevelopment
Plan
What kinds of
activities and
improvements are
necessary to alleviate
the conditions that
make the property
blighted and
substandard?
How should those
activities and
improvements be
paid for?
Will those activities
and improvements
further the
implementation of the
general plan for the
City?
Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan
Grand Island Council Session - 11/12/2013 Page 325 / 355
6
OVERVIEW Continued
It is appropriate for the Council in conducting its review and considering its decision
regarding the substandard and blighted designation to:
1.review the study,
2.take testimony from interested parties,
3.review the recommendation and finding of fact identified by the Planning
Commission
4.make findings of fact, and
5.include those findings of fact as part of its motion to approve or deny the request
to declare this area blighted and substandard.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of the
Community Redevelopment Statutes. Those terms as defined by Statute are included
below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise
requires:
(10) Substandard areas shall mean an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which,
by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the public
health, safety, morals, or welfare;
(11) Blighted area shall mean an area, which (a) by reason of the presence of a
substantial number of deteriorated or deteriorating structures, existence of defective
or inadequate street layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or
other improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors, substantially
impairs or arrests the sound growth of the community, retards the provision of
housing accommodations, or constitutes an economic or social liability and is
detrimental to the public health, safety, morals, or welfare in its present condition and
use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
Grand Island Council Session - 11/12/2013 Page 326 / 355
7
state or national average; (ii) the average age of the residential or commercial units in
the area is at least forty years; (iii) more than half of the plotted and subdivided
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the area
is lower than the average per capita income of the city or village in which the area is
designated; or (v) the area has had either stable or decreasing population based on the
last two decennial censuses. In no event shall a city of the metropolitan, primary, or
first class designate more than thirty-five percent of the city as blighted, a city of the
second class shall not designate an area larger than fifty percent of the city as
blighted, and a village shall not designate an area larger than one hundred percent of
the village as blighted;
~Reissue Revised Statutes of Nebraska
ANALYSIS
The following findings are copied directly from the Study. The analysis of the
substandard and blighted factors is conducted on pages 6 to 15 of the study.
FINDINGS FOR GRAND ISLAND
Study Area #13 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
BlightingBlighting SummarySummary
These conditions are contributing to the blighted conditions of the study area.
Substantial number of deteriorating structures
o 100.00% of the structures identified within the corporate limits, of the Study
Area, were deemed to be in a state of deterioration or dilapidation
Deterioration of site or other improvements
o A large amount of sidewalk either in a deteriorated state or missing from
properties in the area.
o The existence of gravel streets within the study area.
o The condition of the streets within the corporate limits.
Dangerous conditions to life or property due to fire or other causes
o The number of deteriorating structures
Average age of structures is over 40 years of age
o Within the Study Area 100.00% of the structures meet the criteria of 40 years of
age or older.
Improper Subdivision or obsolete platting
Unsanitary / Unsafe conditions
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8
o The area has major drainage issues and does not drain well and has the potential
for standing water to be present for long periods of time.
The other criteria for Blight were not present in the area, these included:
Combination of factors which are impairing and/or arresting sound growth
Defective/Inadequate street layouts,
Faulty lot layout,
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Inadequate provisions for ventilation, light, air, open spaces or sanitation, and
Diversity of ownership.
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
SubstandardSubstandard SummarySummary
Nebraska State Statute requires “…an area in which there is a predominance of buildings
or improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and overcrowding, or the
existence of conditions which endanger life or property by fire and other causes, or any
combination of such factors, is conducive to ill health, transmission of disease, infant
mortality, juvenile delinquency, and crime, (which cannot be remedied through
construction of prisons), and is detrimental to the public health, safety, morals, or
welfare;”
This Study Area in Grand Island meets the defintion with the average age of the
structures being more than 40 years of age. In addition, the area meets the criteria for the
existence of conditions which endanger life or property by fire and other causes.
FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #13#13
Blight Study Area #13 has several items contributing to the Blight and Substandard
Conditions. These conditions include:
Blighted Conditions
Substantial number of deteriorating structures.
Improper subdivision or obsolete platting.
Deterioration of site or other improvements.
Dangerous conditions to life or property due to fire or other causes.
Average age of units is over 40 years of age.
Unsanitary/unsafe conditions.
Substandard Conditions
Average age of the structures in the area is at least forty years.
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9
Existence of conditions which endanger life or property by fire and other causes.
Based on the study these areas meet the thresholds to qualify as blighted and
substandard.
RECOMMENDATION:
Planning Commission and staff recommend considering the following questions as a
starting point in the analysis of this Study and in making a determination. The City
Council is ultimately responsible for answering the question of whether the property
included in the study is blighted and substandard and whether making such a designation
is in the best interest of the City.
Recommend Questions for Planning Commission and City Council
Does this property meet the statutory requirements to be considered blighted and
substandard? (See the prior statutory references.)
Are the blighted and substandard factors distributed throughout the
Redevelopment Area, so basically good areas are not arbitrarily found to be
substandard and blighted simply because of proximity to areas which are
substandard and blighted?
Is public intervention appropriate and/or necessary for the redevelopment of the
area?
Findings of fact must be based on the study and testimony presented including all
written material and staff reports. The recommendation must be based on the
declaration, not based on any proposed uses of the site. All of the testimony, a copy
of the study and this memo along with any other information presented at the hearing
should be entered into the record of the hearing.
The Regional Planning Commission concluded that the area in question meets the
definition of blighted and substandard.
They recommend approval of the declaration as blighted and substandard.
The Planning Commission held a Public Hearing on this proposal at their meeting on
October 2, 2013. No members of the public spoke at the public hearing.
Grand Island has 12 areas that have been declared blighted and substandard 3,482 acres.
This represents 18.20% of the area of the City. Grand Island can declare up to 35% of its
municipal area blighted and substandard. If Council approves the declaration of this area
as blighted and substandard 2.16 acres would be added to the blighted and substandard
area in Grand Island increasing the percentage by 0.01% to 18.21% well below the 35%
limitation.
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10
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
A motion was made by McCarty and seconded by Bredthauer to approve the adoption of
Blight and Substandard Study Area #13 as presented based on the study prepared by
Marvin Planning Consultants.
A roll call vote was taken and the motion passed with 8 members present and voting in
favor (Hayes, Snodgrass, O’Neill, Bredthauer, McCarty, Amick, Reynolds and Haskins)
and no one voting against.
Sample Motion
Move to reconsider the action of the October 22, 2013 meeting regarding Resolution
2013-347. If the Council chooses to reconsider the action they can consider approving the
resolution by amending the study to exclude any property not within the municipal limits
of Grand Island.
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Alvo,
Nebraska
Alvo,
Nebraska
City of Grand Island, NE
Blight and Substandard Study
Area #13
July 2013
Grand Island Council Session - 11/12/2013 Page 331 / 355
Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 1
PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within the city of Grand Island. This study has been commissioned by an individual property
owner within the community with the hope that the City will consider the study area for future
redevelopment activity. The area is bordered on the south by a major transportation route and
the general area of the community has begun to see some new investment in properties as
well as considerable redevelopment activities.
The City of Grand Island, when considering conditions of Blight and Substandard, will be
looking at those issues and definitions provided for in the Nebraska Community
Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State
Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum
opportunity, consistent with sound needs of the city as a whole, to the rehabilitation
or redevelopment of the community redevelopment area by private enterprises.
The governing body of a city shall give consideration to this objective in exercising
its powers under sections 18-2101 to 18-2144, including the formulation of a
workable program, the approval of community redevelopment plans consistent
with the general plan for the development of the city, the exercise of its zoning
powers, the enforcement of other laws, codes, and regulations relating to the use
and occupancy of buildings and improvements, the disposition of any property
acquired, and providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or
prevent the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted
areas, or to undertake such of the aforesaid activities or other feasible municipal
activities as may be suitably employed to achieve the objectives of such workable
program. Such workable program may include, without limitation, provision for the
prevention of the spread of blight into areas of the municipality which are free from
blight through diligent enforcement of housing, zoning, and occupancy controls
and standards; the rehabilitation or conservation of substandard and blighted
areas or portions thereof by replanning, removing congestion, providing parks,
playgrounds, and other public improvements by encouraging voluntary
rehabilitation and by compelling the repair and rehabilitation of deteriorated or
deteriorating structures; and the clearance and redevelopment of substandard
and blighted areas or portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings
or improvements, whether nonresidential or residential in character, which, by
reason of dilapidation, deterioration, age or obsolescence, inadequate provision
for ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 2
“Blighted area means an area, which (a) by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or
other improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title,
improper subdivision or obsolete platting, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such
factors, substantially impairs or arrests the sound growth of the community, retards
the provision of housing accommodations, or constitutes an economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its
present condition and use and (b) in which there is at least one of the following
conditions: (i) Unemployment in the designated area is at least one hundred twenty
percent of the state or national average; (ii) the average age of the residential or
commercial units in the area is at least forty years; (iii) more than half of the plotted
and subdivided property in an area is unimproved land that has been within the
city for forty years and has remained unimproved during that time; (iv) the per
capita income of the area is lower than the average per capita income of the city
or in which the area is designated; or (v) the area has had either stable or
decreasing population based on the last two decennial censuses. In no event shall
a city of the metropolitan, primary, or first class designate more than thirty-five
percent of the city as blighted, a city of the second class shall not designate an
area larger than fifty percent of the city as blighted, and a shall not designate an
area larger than one hundred percent of the as blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community
Redevelopment Authority and Grand Island City Council the basis for identifying and declaring
Blighted and Substandard conditions existing within the City’s jurisdiction. Through this process,
the City and property owner will be attempting to address economic and/or social liabilities
which are harmful to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this
report will contain, in accordance with the law, definite local objectives regarding appropriate
land uses, improved traffic, public transportation, public utilities and other public
improvements, and the proposed land uses and building requirements in the redevelopment
area and shall include:
The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This study targets a specific area within an established part of the community for evaluation.
The area is indicated in Figure 1 of this report. The existing uses in this area include commercial
and public open space (primarily detention cells).
Through the redevelopment process the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by
the City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative
conditions and implement different programs/projects identified for the City.
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City of Grand Island, Nebraska • July 2013 Page 3
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF LINCOLN AVENUE S. AND
PHOENIX AVENUE W; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE OF PHOENIX AVENUE W
TO THE INTERSECTION OF THE CENTERLINES OF PHOENIX AVENUE W AND ADAMS STREET S;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF ADAMS STREET S TO THE EXTENDED NORTH
RIGHT-OF-WAY LINE CITY RIGHT-OF-WAY (OLD RAILROAD RIGHT-OF-WAY); THENCE,
NORTHEASTERLY ALONG NORTH RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE CENTERLINE
OF LINCOLN AVENUE S; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING.
Figure 1
Study Area Map
Source: Olsson Associates 2013
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City of Grand Island, Nebraska • July 2013 Page 4
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community, and
produce a number of impacts that either benefit or detract from the community. Because of
this, the short and long-term success and sustainability of the community is directly contingent
upon available resources utilized in the best manner given the constraints the City faces during
the course of the planning period. Existing patterns of land use are often fixed in older
communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use
of each parcel of land within the study area. These data from the survey are analyzed in the
following paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total
acres determined per land use from the survey; next is the percentage of those areas
compared to the total developed land; and finally, the third set of data compare the all land
uses to the total area within the Study Area.
The Study Area is predominately Industrial uses with 31.0% of land in this use. The remaining
69.0% is Transportation related, specifically public right-of-way and streets.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2013
Type of Use Acres Percent of
Developed
land within
the Study
Area
Percent of
Study Area
Residential 0 0.0%0.0%
Single-family 0 0.0%0.0%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 0 0.0%0.0%
Industrial 1.20 55.6%55.6%
Quasi-Public/Public 0 0.0%0.0%
Parks/Recreation 0 0.0%0.0%
Transportation 0.96 44.4%44.4%
Total Developed Land 2.16 100.0%
Vacant/Agriculture 0 0.0%
Total Area 2.16 100.0% Source: 2013 Grand Island Blight Study Area 13, Marvin Planning Consultants and Olsson Associates
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City of Grand Island, Nebraska • July 2013 Page 5
Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2013
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City of Grand Island, Nebraska • July 2013 Page 6
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the Eligibility Report examines the conditions found in the study area. The
Findings Section will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online.
There are a number of conditions that will be reviewed in detail, on the following pages, while
some of the statutory conditions are present, other are not.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in
an area. Statutes allow for a predominance of structures that are 40 years of age or older to
be a contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note that the age of structure was
determined from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of two structures. After researching the structural age on
the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
Two (100.0%) units were determined to be 40 years of age or older
Also there are numerous structures outside of the boundary in another previously blighted
area that are 40 years of age or older and are negatively impacting the area under
discussion.
The age of the structures would be a direct contributing factor.
Figure 3
Unit Age Map
Source: Marvin Planning Consultants and Olsson Associates, 2013
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City of Grand Island, Nebraska • July 2013 Page 7
Structural Conditions
Where structural conditions were evaluated,
structures were either rated as: No problems,
Adequate, Deteriorating, or Dilapidated. The
following are the definitions of these terms:
No Problem/ Adequate Conditions
No structural or aesthetic problems were
visible, or
Slight damage to porches, steps, roofs etc. is
present on the structure,
Slight wearing away of mortar between
bricks, stones, or concrete blocks,
Small cracks in walls or chimneys,
Cracked windows,
Lack of paint, and
Slight wear on steps, doors, and door and window sills and frames.
Deteriorating Conditions
Holes, open cracks, rotted, loose, or missing materials in parts of the foundation, walls, or
roof (up to 1/4 of wall or roof),
Shaky, broken, or missing steps or railings,
Numerous missing and cracked window panes,
Some rotted or loose windows or doors (no longer wind- or water-proof), and
Missing bricks, or cracks, in chimney or makeshift (uninsulated) chimney.
Dilapidated Conditions
Holes, open cracks, or rotted, loose or missing material (siding, shingles, brick, concrete,
tiles, plaster, floorboards) over large areas of foundation,
Substantial sagging of roof, floors, or walls,
Extensive damage by fire, flood or storm, and
Inadequate original construction such as makeshift walls, roofs made of scrap materials,
foundations or floors lacking, or converted barns, sheds, and other structures not
adequate for housing.
These are criteria used to determine the quality of each structure in the Study Area.
In a recent conditions survey, the structures within the corporate limits were rated. Within the
corporate limits portion of the study area there are a total of two structures.
After reviewing the overall conditions of the structures in the corporate limits portion include:
0 (0.00%) structures rated as adequate
0 (0.00%) structures rated as deteriorating
2 (100.0%) structures rated as dilapidated
Overall, 100.0% of the structures in this area are in a state of disrepair. Figure 3 shows the data
on a block level as opposed to structure. Typically, if there were several structures deemed to
be deteriorating or dilapidated then the entire block was downgraded. For purposes of this
study there is approximately 100.0% of the block area within the Study Area has dilapidated
structures.
Due to the state of disrepair of a number of properties in the area, the conditions represent
conditions which are Dangerous to conditions of life or property due to fire or other causes.
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Figure 4
Structural Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
Sidewalk Conditions
The sidewalk conditions were analyzed in the Study
Area. The sidewalks were rated on four categories;
adequate, deteriorating, dilapidating, and missing
completely.
Within the study area there is approximately 802.32
lineal feet of sidewalk. After reviewing the
conditions in the field, the following is how the
sidewalk conditions breakdown within the study
area:
0 (0.00%) lineal feet of adequate sidewalk
337.65 (42.1%) lineal feet of deteriorating
sidewalk
464.67 (57.9%) lineal feet of no sidewalk. There was no sidewalk deemed to be dilapidated.
Overall, 100% of the sidewalks are in either a deteriorating state or completely missing. Missing
sidewalk is as bad as dilapidated or deteriorating sidewalk since there is no safe place to walk
other than across someone else’s property or in the street. See Figure 5 for the locations of
these sidewalks.
Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions would
be a direct contributing factor.
No sidewalks present
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City of Grand Island, Nebraska • July 2013 Page 9
Street Conditions
The street conditions were analyzed in the Study
Area. The streets were also rated on four categories;
adequate, deteriorating, dilapidating, and missing
completely. The following is the breakdown for the
area.
Within the study area there is approximately 932.64
lineal feet of street. After reviewing the conditions in
the field, the following is how the street conditions
breakdown within the corporate limits:
0 (0.00%) lineal feet of adequate street
606.13 (65.0%) lineal feet of deteriorating street
326.51 (35.0%) lineal feet of gravel streets.
There was no street deemed to be dilapidated.
Overall, 100.0% of the streets are in either a deteriorating state or were paved with gravel, thus
an obsolete material for an urban area. See Figure 6 for the locations of these streets.
Due to the large amount of deteriorating and missing street, the street conditions would be a
direct contributing factor.
Curb and Gutter
Curb and Gutters have a number of direct and
indirect roles in neighborhoods. Their primary
functions is to be a barrier that collects and directs
water to be drained away. On a secondary level,
they can help define where the streets start and
stop, and they act as a physical barrier between
pedestrian and vehicular traffic.
Curb and gutter for the Study Area were examined
similarily to streets and sidewalks. The curb and
gutter will be graded as either adequate,
deteriorating, dilapidated, or missing. In addition,
curb and gutter will be examined based upon their location, within the incorporated area or
within the county industrial park.
Within the study area there is approximately 804 lineal feet of curb and gutter possible. After
reviewing the conditions in the field, the following is how the curb and gutter conditions
breakdown within the corporate limits:
160.00 (19.9%) lineal feet of adequate curb and gutter
196.44 (24.4%) lineal feet of deteriorating curb and gutter
447.97 (55.7%) lineal feet of no curb and gutter or rural section.
There was no curb and gutter deemed to be dilapidated.
In total, 80.1% of the curb and gutters are in either a deteriorating state or are missing. See
Figure 7 for the locations of these curb and gutter.
Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter
conditions would be a direct contributing factor.
Deterioration of site or other improvements
Throughout this Area, there is a large portion of sidewalk that is either deteriorating or missing. In
addition, a large portion of the curb and gutter has been determined to be either
deteriorating or missing.
No Curb and Gutter present
Gravel streets present
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City of Grand Island, Nebraska • July 2013 Page 10
Finally, the area has a large amount of deteriorating
streets. The streets have been patched over and over
due to large amounts of cracking that has been
occurring in the pavement.
These are major considerations in determining if the
area has deteriorated sites or improvements.
Based upon the field analysis, there are sufficient
elements present to meet the definition of
deterioration of site and other improvements in the
Study Area.
Dangerous conditions to life or property due to fire or other causes
There are two structures within the Study Area that are deteriorated and appear to be getting
worse. The continued deterioration from this point forward will place some of these properties
at risk for fire.
In addition, there are a couple of properties in close proximity that if they go untouched in the
future could present a danger to life if someone were to sneak onto the property. This property
needs to have a repaired security fence put into place in order to minimize the threat.
Based upon the field analysis, there are sufficient elements present to meet the definition of
dangerous conditions within the Study Area.
Improper Platting or Obsolete Platting
The majority of this area was platted in the 1800’s as the city began to grow and when there
was still an active railroad line serving this part of Grand Island. The vast number of the lots, as
they are platted today, will be difficult to redevelop.
Based upon the review of the plat of the area, there are sufficient elements present to meet
the definition of improper platting or obsolete platting within the Study Area.
Unsanitary / Unsafe conditions
The area being evaluated for the conditions of blighted and substandard needs to be
examined for the unsanitary and unsafe conditions. A primary item that was examined was the
drainage conditions of the area.
Drainage Conditions
Grand Island has a long history of drainage issue
due to the extreme flatness of the area, as well as
the high water table. Topography and soils can
have a major impact on how a given portion of the
city drains. The area designated in this Study Area is
nearly flat or has an extremely small slope.
The field survey examined the entire area for
potential drainage problems. One field survey was
completed the same day of a rain event. During the
field visit there was standing water throughout the
entire area. Water was standing in large potholes, in
drainage ditches, along areas that were supposed to drain the water away.
Standing water from poor drainage can be a catalyst for Health issues like West Nile due to the
potential mosquito breeding that can occur.
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 11
Drainage also can be tied directly to the next issue
that was analyzed during the field investigations,
curb and gutter conditions.
Based upon the field analysis, there are sufficient
elements present to meet the definition of
unsanitary/unsafe conditions within the Study Area.
BBlliigghhttiinngg SSuummmmaarryy
These conditions are contributing to the blighted
conditions of the study area.
Substantial number of deteriorating structures
o 100.00% of the structures identified within the corporate limits, of the Study Area, were
deemed to be in a state of deterioration or dilapidation
Deterioration of site or other improvements
o A large amount of sidewalk either in a deteriorated state or missing from properties in
the area.
o The existence of gravel streets within the study area.
o The condition of the streets within the corporate limits.
Dangerous conditions to life or property due to fire or other causes
o The number of deteriorating structures
Average age of structures is over 40 years of age
o Within the Study Area 100.00% of the structures meet the criteria of 40 years of age or
older.
Improper Subdivision or obsolete platting
Unsanitary / Unsafe conditions
o The area has major drainage issues and does not drain well and has the potential for
standing water to be present for long periods of time.
The other criteria for Blight were not present in the area, these included:
Combination of factors which are impairing and/or arresting sound growth
Defective/Inadequate street layouts,
Faulty lot layout,
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Inadequate provisions for ventilation, light, air, open spaces or sanitation, and
Diversity of ownership.
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
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City of Grand Island, Nebraska • July 2013 Page 12
Figure 5
Sidewalk Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 13
Figure 6
Street Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 14
Figure 7
Curb and Gutter Conditions
Source: Marvin Planning Consultants and Olsson Associates, 2013
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Blight and Substandard Study
City of Grand Island, Nebraska • July 2013 Page 15
SSuubbssttaannddaarrdd CCoonnddiittiioonnss
Average age of the residential or commercial units in the area is at least forty years
Age of structures can be a contributing factor to the blighted and substandard conditions in
an area. Statutes allow for a predominance of units that are 40 years of age or older to be a
contributing factor regardless of their condition. Note that the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of two structures. After researching the structural age on
the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
0 (0.00%) units were determined to be less than 40 years of age
2 (100.00%) units were determined to be 40 years of age or older
There is a predominance of units 40 years of age or older.
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Nebraska State Statute requires that at least one of five substandard factors be present in a
community. This Study Area in Grand Island has one of the five. The other criteria for
Substandard were not present or the data was not readily accessible in the area, these
included:
Unemployment in the designated area is at least one hundred twenty percent of the state
or national average;
more than half of the plotted and subdivided property in an area is unimproved land that
has been within the city for forty years and has remained unimproved during that time;
the per capita income of the area is lower than the average per capita income of the city
or in which the area is designated
the area has had either stable or decreasing population based on the last two decennial
censuses.
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Blight Study Area #13 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
Improper subdivision or obsolete platting
Deterioration of site or other improvements,
Dangerous conditions to life or property due to fire or other causes,
Average age of units is over 40 years of age.
Substandard Conditions
Average age of the structures in the area is at least forty years
Grand Island Council Session - 11/12/2013 Page 346 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-347
WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No.
8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska,
to address the need for economic development opportunities through the vehicles provided in the
Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and
WHEREAS, Gary Jacobsen has caused to be prepared a Blight and Substandard Study
for an area referred to as Area No. 13; and
WHEREAS, Marvin Planning Consultants completed such Blight and
Substandard Study and has determined that the area should be declared as substandard or
blighted area in need of redevelopment; and
WHEREAS, Gary Jacobsen presented such study to the Grand Island City
Council on September 10, 2013 and
WHEREAS, on September 10, 2013 the Grand Island City Council referred such
study to the Hall County Regional Planning Commission for review and recommendation; and
WHEREAS, the Regional Planning Commission held a public hearing and
recommended approval of such study at its October 2, 2013 meeting; and
WHEREAS, a public hearing to consider approval of a Blighted and Substandard
designation was held on September 22, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for
Redevelopment Area No. 13 as identified above is hereby approved, and those areas identified in
said study are declared to be blighted and substandard and in need of redevelopment as
contemplated in the Community Development law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 347 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item I-8
#2013-376 - Consideration of Approving Settlement Offer in
Kortum vs City of Grand Island
Staff Contact: Robert Sivick
Grand Island Council Session - 11/12/2013 Page 348 / 355
Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:November 12, 2013
Subject:Consideration of Approving Settlement Offer in Kortum
v. City of Grand Island
Item #’s:I-8
Presenter(s): Robert J. Sivick, City Attorney
Background
In April, 2013 former and now retired Grand Island Police Captain Peter E. Kortum filed
a complaint against the City of Grand Island (City) alleging gender discrimination in the
way his lump sum pension benefits were calculated under the Nebraska Police Officers
Retirement Act. Specifically, Captain Kortum alleged such calculation resulted in an
underpayment of those benefits. The matter was transferred from the Nebraska Equal
Opportunity Commission to the United States Equal Employment Opportunity
Commission (USEEOC) due to Captain Kortum's allegations the City violated Federal
anti-discrimination laws.
In July, 2013 the USEEOC issued a determination Captain Kortum was subjected to
gender discrimination by the City as a result of the manner in which his lump sum
pension benefits were calculated. Since that time City legal staff, Captain Kortum's legal
counsel, and Federal officials have engaged in settlement discussions with the goal of
reaching an agreement on the matter rendering further litigation unnecessary. Last week
Captain Kortum tendered to the City his last and best settlement offer in the amount of
$141,500.00.
Discussion
If the Council accepts Captain Kortum's offer by voting to approve Resolution 2013-376
Captain Kortum will release the City from his claim of discrimination and any and all
other potential claims arising from his employment with the City.
Grand Island Council Session - 11/12/2013 Page 349 / 355
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve.
2.Move to reject.
Recommendation
City Administration recommends the Council approve Resolution 2013-376 accepting the
settlement offer tendered by Captain Kortum in the matter of Kortum v. City of Grand
Island.
Sample Motion
Move to approve Resolution 2013-376 accepting the settlement offer of Captain Kortum
in the matter of Kortum v. City of Grand Island and authorizing the Mayor to sign the
Settlement Agreement on behalf of the City.
Grand Island Council Session - 11/12/2013 Page 350 / 355
Settlement Agreement and Release
This Settlement Agreement and Release (“Agreement”) is made by and between
PETER E. KORTUM (“KORTUM”) and The City of Grand Island, Nebraska. (“The
City”), (collectively, the “parties”).
This Agreement is made with reference to the following facts:
Whereas, KORTUM filed a charge of discrimination with the US Equal
Opportunity Commission – 32E-2013-00416 (the “Charge”). The EEOC issued a
reasonable cause finding that The City of Grand Island, Nebraska discriminated against
Kortum on the basis of his gender in the payment of his Lump Sum Pension Benefit in
2013;
Whereas conciliation efforts between the EEOC, KORTUM and THE CITY have
occurred;
Whereas, the parties wish to resolve all claims between KORTUM and THE CITY
with regard to all matters arising out of KORTUM’s employment with THE CITY, by
entering into this Agreement on the terms set forth in this Agreement.
Now, therefore, the parties agree as follows:
1.No Admissions.By making this Agreement, THE CITY does not admit
any wrongdoing or any violation of KORTUM’s rights. This Agreement is in
compromise and settlement of disputed claims and may not be construed in any other
matter.
2.Payment.In consideration for every one of KORTUM’S agreements
and covenants set forth in this Agreement, each of which is an essential and
indispensable part of this Agreement, THE CITY shall pay to KORTUM and his
attorneys the Gross Sum of $141,500.00 as described in paragraph 5 below. KORTUM
understands and agrees that he would not receive the monies and benefits specified in
this paragraph but for his execution of this Agreement and the fulfillment of the
promises contained in this Agreement. The consideration identified in this paragraph
shall be provided within 10 days of KORTUM’s execution of this agreement and after he
and his legal counsel provide W-9s to THE CITY.
3.Release.As used in this Agreement, “THE CITY” shall include The
City of Grand Island, Nebraska, any current or former elected or appointed official of
the City of Grand Island, Nebraska any and all current or former employees of the City
of Grand Island, Nebraska and any current or former insurers, trustees, directors,
officers, employees, agents, predecessors, successors, and assigns, in both their
individual, official and/or organizational capacities. In consideration for every one of
THE CITY’s agreements and covenants set forth in this Agreement, each of which is an
essential and indispensable part of this Agreement, KORTUM fully and forever releases
Grand Island Council Session - 11/12/2013 Page 351 / 355
and discharges THE CITY from any and all claims, demands, causes of action, and
liabilities that exist as of the date he signs this Agreement, including, but not limited to,
any and all claims, demands, causes of action, and liabilities arising out of or in any way
connected with KORTUM’s employment with THE CITY, whether presently asserted or
unasserted, known or unknown, for acts or omissions of THE CITY prior to the date this
Agreement is executed, and specifically including, but not limited to, claims, demands,
causes of action, or liabilities alleging retaliatory discharges in violation of Nebraska
public policy, promissory estoppel, breach of contract, breach of the covenant of good
faith and fair dealing, negligent misrepresentation, intentional interference with
contractual relations, fraudulent misrepresentation, per se tort, violations of the Fair
Labor Standards Act, the Nebraska Wage Payment Collection Act, the Pregnancy
Discrimination Act, the Family Medical Leave Act of 1993, U.S.C. §2615, Title VII, the
Civil Rights Act of 1964, 42 U.S.C. §1981, the Americans with Disabilities Act, the
Employee Retirement Income Security Act, 29 U.S.C. §1001 et. seq., including §510, the
Nebraska Fair Employment Practices Act, the Older Worker Benefit Protection Act, the
Age Discrimination in Employment Act, as amended; the Nebraska Age Discrimination
in Employment Act, Sections 1981 through 1988 of Title 42 of the United States Code, as
amended; the Immigration Reform and Control Act, as amended; the Workers’
Adjustment and Retraining Notification Act, as amended; the Occupational Safety and
Health Act, as amended; the Sarbanes-Oxley Act of 2002, as amended; the Consolidated
Omnibus Budget Reconciliation Act (COBRA); the National Labor Relations Act,
wrongful discharge, general retaliation or violation of public policy, torts-including
tortious interference, intentional or negligent infliction of emotional distress or mental
anguish, assault and battery, defamation, libel, slander, invasion of privacy, false public
light; violation of HIPAA; any claim alleging discrimination under federal, state or local
law on the basis of race, color, religion, sex, national origin, disability, age, or other
protected category; or any other claim based on any federal, state, or local constitution,
statute, ordinance, or common law; and all claims for attorney fees, liquidated or
punitive damages, and costs in connection with any claim, demand, cause of action, or
liability. KORTUM intends by this release to eliminate completely and permanently all
claims of every nature whatsoever against THE CITY for acts or omissions prior to the
date of this Agreement and this release shall be broadly construed to that end. Finally,
KORTUM affirmatively represents that he has not been involved in any work-related
accidents not previously reported and has suffered no other work-related injuries not
previously reported while THE CITY employed him.
4.Affirmations. Other than his claim for pension benefits (as set forth
in EEOC complaint 32E-2013-00416), KORTUM affirms that he has been paid and/or
received all leave (paid or unpaid), compensation, wages, bonuses, commissions, and/or
benefits to which he may be entitled and that no other payment is due him, except as
provided for in this Agreement.
5.Distribution.The gross payment of $141,500.00 shall be distributed as
follows: Within 10 days of KORTUM’s execution of this agreement, THE CITY shall
deposit $91,100.21 in the City of Grand Island, Nebraska’s Police Retirement/Pension
cash account for the benefit of Peter E. Kortum. This amount shall thereafter be rolled
over to a Qualified 401(k) account as to be designated by KORTUM. It is intended that
Grand Island Council Session - 11/12/2013 Page 352 / 355
the deposit and transfer be treated in the same manner as the retirement benefits
previously paid to KORTUM in February, 2013 in order to make this a non-taxable event
for KORTUM. THE CITY agrees to pay an additional $3,233.13 to Kortum with a 1099
to be issued to him by THE CITY in this amount; THE CITY agrees to pay Vincent M.
Powers & Associates the sum of $47,166.66 for attorney’s fees and to issue a 1099 to the
firm in said amount.
6 Tax Liability.THE CITY agrees to makes payments to Kortum and his legal
counsel as noted in paragraph 5 above. THE CITY makes no representation regarding
the tax consequences or liability arising from the payment. KORTUM understands and
agrees that any and all tax liability that may become due because of the payments
contained within this Agreement are his responsibilities. KORTUM agrees to bear all
tax consequences, if any, attendant upon the payment to him.
7.Complete Agreement.This Agreement sets forth the complete
agreement between the parties relating to the subjects in this Agreement. There are no
other representations, terms, or agreements concerning this Agreement, whether oral,
written, express, or implied, which are not contained in this Agreement. KORTUM
acknowledges and agrees that, in executing this Agreement, he has not relied upon any
representations or statements not set forth in this Agreement.
8.Warranty of No Liens/Claims Against Settlement. KORTUM further
expressly warrants that no other person or entity has asserted or is able to assert any
lien, claim, or entitlement to any portion of the consideration recited above which has
not been satisfied or will not be satisfied immediately out of the above-recited
consideration for the release being paid.
9.Governing Law and Jurisdiction. The substantive laws of the State of
Nebraska, without regard to its or any state’s choice of law provisions, will govern this
Agreement.
10.Interpretation. The language of all parts of this Agreement shall in all
cases be construed as a whole, according to its fair meaning, and not strictly for or
against any of the parties. This Agreement has been negotiated by and among the
parties’ attorneys and shall not be construed against the “drafter”. If any provision of
this Agreement is determined to be illegal, invalid, or unenforceable by any court of
competent jurisdiction, and cannot be modified to be legal, valid, or enforceable, the
remainder of this Agreement shall not be affected.
In witness of this Agreement, the parties have executed this Agreement as
follows:
______________________________________________
PETER E. KORTUM DATE
______________________________________________
JAY VAVRICEK, MAYOR DATE
Grand Island Council Session - 11/12/2013 Page 353 / 355
Approved as to Form ¤ ___________
November 8, 2013 ¤ City Attorney
R E S O L U T I O N 2013-376
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA,
That the City accept the settlement offer of former and now retired Police Captain
Peter E. Kortum and enter into a Settlement Agreement with him in the matter of Kortum v. City
of Grand Island (U.S. Equal Employment Opportunity Commission – 32E-2013-00416) and
disburse to Captain Kortum and his attorneys the sum of One Hundred, Forty-One Thousand and
Five Hundred Dollars ($141,500.00).
That the Mayor is authorized to execute on behalf of the City a settlement
agreement in Kortum v. City of Grand Island. That said agreement will include a complete
release by Captain Kortum in favor of the City of Grand Island for any claims or potential claims
arising out of his employment with the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/12/2013 Page 354 / 355
City of Grand Island
Tuesday, November 12, 2013
Council Session
Item J-1
Approving Payment of Claims for the Period of October 23, 2013
through November 12, 2013
The Claims for the period of October 23, 2013 through November 12, 2013 for a total amount of
$6,936,734.95. A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 11/12/2013 Page 355 / 355