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09-26-2017 City Council Regular Meeting Packet City of Grand Island Tuesday, September 26, 2017 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 9/26/2017 Page 1 / 213 City of Grand Island Tuesday, September 26, 2017 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Rene Lopez, Iglesia de Dios, 2325 West State 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 - 9/26/2017 Page 2 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item C-1 Presentation of the Food & Beverage Occupation Tax Oversight Committee Annual Report Staff Contact: Marlan Ferguson Grand Island Council Session - 9/26/2017 Page 3 / 213 Council Agenda Memo From:Marlan Ferguson, City Administrator Meeting:September 26, 2017 Subject:Annual Report by the Food & Beverage Occupation Tax Oversight Committee Presenter(s):Ron Depue, Chairman Background The voters of the City of Grand Island approved an occupation tax on food and beverages of one and one half percent (1½%) at the May 10, 2016 election. Subsequent to the election, the city has adopted an ordinance that establishes the Food and Beverage Occupation Tax Oversight Committee to be responsible for reviewing the revenues and expenditures of the city’s occupation tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants. The Committee shall advise the public and city officials with regard to the city’s Food and Beverage Tax, and shall confirm that the Food and Beverage Tax revenues are accounted for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. The Occupation Tax Oversight Committee is required by the Grand Island City Code to make an annual report to the City Council. Discussion The Occupation Tax Oversight Committee has been conducting quarterly meetings during the last nine months as required by the City Code. The committee met on September 14, 2017, reviewed and approved the annual report and voted to forward it on to the City Council for its review. Grand Island Council Session - 9/26/2017 Page 4 / 213 Grand Island Council Session - 9/26/2017 Page 5 / 213 Grand Island Council Session - 9/26/2017 Page 6 / 213 Grand Island Council Session - 9/26/2017 Page 7 / 213 Grand Island Council Session - 9/26/2017 Page 8 / 213 Grand Island Council Session - 9/26/2017 Page 9 / 213 Grand Island Council Session - 9/26/2017 Page 10 / 213 Grand Island Council Session - 9/26/2017 Page 11 / 213 Grand Island Council Session - 9/26/2017 Page 12 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item D-1 #2017-BE-6 - Consideration of Determining Benefits for Sanitary Sewer District No. 538T; North Engleman Road Council action will take place under Resolutions item I-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 13 / 213 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:September 26, 2017 Subject:Consideration of Determining Benefits for Sanitary Sewer District No. 538T; North Engleman Road Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 538T; North Engleman Road was approved by City Council on August 22, 2017, via Resolution No. 2017-233; with September 26, 2017 set as the date for Council to sit as the Board of Equalization. Van Kirk Bros. Contracting of Sutton, Nebraska was hired to perform such work in the amount of $59,610.00. Work was completed at a price of $41,570.00; with additional costs of $2,229.49, all detailed below. Original Bid $ 59,610.00 Overruns $ (18,040.00) Sub Total (Construction Price) = $ 41,570.00 Additional Costs: Public Works Engineering Division – Project Administration $ 2,078.51 The Grand Island Independent – Advertising $ 150.98 Sub Total of Additional Costs = $ 2,229.49 TOTAL COST = $ 43,799.49 Total project costs equate to $43,799.49, all of which is eligible to be used to calculate the connection fees for properties within the district. All work has been completed and connection fees have been calculated for the improvements. Discussion The costs for this project will be charged to the adjacent property, and due when a property “taps” or connects to the sanitary sewer main. This is the standard method used by the City to recoup costs when sanitary sewer is installed as part of a tap district. The Grand Island Council Session - 9/26/2017 Page 14 / 213 City has had multiple correspondences with the property owners and sent a reminder letter advising them that the BOE is scheduled for September 26, 2017. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council meet as the Board of Equalization to determine benefits and pass a resolution approving such. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution establishing benefits for Sanitary Sewer District No. 538T; North Engleman Road. (Sample Motion for the Resolution) Move to approve the resolution levying the connection fees for Sanitary Sewer District No. 538T; North Engleman Road. Grand Island Council Session - 9/26/2017 Page 15 / 213 Grand Island Council Session - 9/26/2017 Page 16 / 213 Grand Island Council Session - 9/26/2017 Page 17 / 213 Grand Island Council Session - 9/26/2017 Page 18 / 213 Grand Island Council Session - 9/26/2017 Page 19 / 213 Grand Island Council Session - 9/26/2017 Page 20 / 213 Grand Island Council Session - 9/26/2017 Page 21 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 538T; North Engleman Road, after due notice having been given thereof, that we find and adjudge: That total project cost is $43,799.49, with benefits accruing to the real estate in such district to be the total sum of $43,799.49; and Such benefits are based on Sanitary Sewer District No. 538T; North Engleman Road at the adjacent property and are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 538T; North Engleman Road, such benefits are the sums set opposite the description as follows: Parcel No.Owner Legal Description Assessment by Frontage 400495604 Randall J Skarka Trustee Brenda S Janicek-Skarka Trustee Lot 1, Miracle Valley Second Subdivision $ 10,949.87 400149613 Jack Voss Wilma Voss Misc Tracts 2-11-10 XC School Part W ½ SW ¼, 1.5 Acres $ 10,949.87 400165102 Hope E Nelsen Lot 1, Hope Valley Subdivision $ 5,474.94 400165103 Hope E Nelsen Lot 2, Hope Valley Subdivision $ 5,474.94 400165104 Elliot Schneider June S Schneider Lot 2, Jack Voss Horse Country Club Fourth Subdivision $ 10,949.87 $ 43,799.49 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the sanitary sewer. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 22 / 213 5#0+6#4;5'9'46#2&+564+%66':*+$+6#.')'0&Grand IslandCouncil Session - 9/26/2017Page 23 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item E-1 Public Hearing on Amending Chapter 36 of the Grand Island City Code to Include an R-3-SL Medium Density Residential Small Lot Zoning District Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 24 / 213 Council Agenda Memo From:Regional Planning Commission Meeting:September 26, 2017 Subject:Amendments to be Considered Pertain to Adding §36- 64.1 Medium Density Small Lot R3-SL Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background Concerning amendments to the Zoning Ordinance for the City of Grand Island and its two-mile extraterritorial jurisdiction. Amendments to be considered pertain to the addition of §36-64.1 Medium Density Small Lot Residential Zone. This item was brought forward by staff at the request of Grand Island Area Habitat for Humanity and local developer Amos Anson. The proposed zoning district has been discussed at previous planning commission meetings and a variety of public meeting and venues since last spring. The proposal presented tonight will add flexibility to the current Grand Island zoning regulations. Planning commission was giving the two options for this change. Both options are included in the attached memo from the Planning Director to the Planning Commission. The option presented here as recommended would create a district that would not only lowers the minimum lot size and width but allows for town home type development in a regular zoning district similar to what is allowed in both Hastings and Kearney. Discussion The proposed R3-SL District as recommended by the Planning Commission: 36-64.1 (R-3SL) Medium Density-Small Lot Residential Zone Intent: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. Specifically this zoned is intended to provide market flexibility regarding lot size and housing configuration. (A) Permitted Principal Uses: The following principal uses are permitted in the (R-3SL) Medium Density Small Lot Residential Zoning District. (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein Grand Island Council Session - 9/26/2017 Page 25 / 213 (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (10) Off street parking lots for residents and guests (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-3SL) Medium Density Small Lot Residential Zoning District as approved by City Council. (1) Nonprofit community buildings and social welfare establishments other than those providing living accommodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (6) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Area per Dwelling Unit Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage MaximumBuilding Height (feet) Permitted Uses 3,000 3,000 35 20*15 5 10 50%35 Conditional Uses 3,000 3,000 35 20*15 5 10 50%35 Attached Single Family Dwelling Units 3000 3000 24 20*15 10 10 50%35 (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. (3) Front yard setback may be reduced to 10 foot if paved access easements and parking (garage counts as parking) is provide at the back of each lot. (4) Sideyard setback for attached single family dwellings shall be reduced to 0 feet on all lots with contiguous attached units. Grand Island Council Session - 9/26/2017 Page 26 / 213 At the regular meeting of the Regional Planning Commission, held September 6, 2017 the above item was considered following a public hearing. From the Planning Commission Meeting: O’Neill opened the public hearing. Nabity said the goal is to create less expensive lots and housing in Grand Island. Habitat for Humanity is in support and owns a property that could then be developed with 24 homes instead of the 18 that would fit there under current regulations, he said. The proposal doesn’t deal with street width, but does allow for a lot to be used for off-street parking. Nabity presented two options. Option A reduces the minimum lot size from 6,000 square feet to 3,000 square feet and reduces the lot width from 50 feet to 35 feet or down to 24 feet for single-family attached. Option B would reduce the minimum lot size from 6,000 square feet to 4,000 square feet, but maintain the current minimum width at 50 feet. Amos Anson, 4234 Arizona Avenue, spoke in favor of either option and said this would give Habitat and all contractors an option to build smaller houses, which would benefit first-time home-buyers as well as retirees or empty-nesters who want to downsize. Anson said lot prices currently start at about $35,000, which is expensive for an $80,000 to $100,000 home. The hope would be to reduce that to a lot cost between $21,000 to $28,000 depending on the size. O’Neill closed the public hearing. Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Text Amendment request as presented 2.Modify the Text Amendment request to meet the wishes of the Council 3.Postpone the issue Recommendation A motion was made by Ruge and seconded by Rainforth to recommend approval of the zoning change as presented in Option A. Grand Island Council Session - 9/26/2017 Page 27 / 213 The motion carried with twelve members in favor (Apfel, Allan, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Sears, Randone and Kjar) and no members voting no or abstaining. Sample Motion Move to approve the ordinance to approve the Amendment change to §36-64.1 Medium Density Small Lot Zoning District. Grand Island Council Session - 9/26/2017 Page 28 / 213 Agenda Item # 4 PLANNING DIRECTOR MEMO TO REGIONAL PLANNING August 28, 2017 SUBJECT: Proposed changes regarding new R-3SL zoning district in Grand Island. After the action items at the May 2017 Regional Planning Commission meeting, Grand Island builder Amos Anson presented a concept for a smaller lot residential zoning district. At that time it was referred to as the R-5 Zoning District. The basic concept was to allow smaller lots, both in area and width, in the hopes of increasing the availability of affordable housing. This was discussed again at the August planning commission meeting and the proposed changes included here are a direct result of the planning commission discussions at that meeting. The minimum lot size in any of the residential districts is 50 foot of width at the mid-point between the front and rear property lines and 6,000 square feet. This is the case in the R-2, R-3, R-4 and RO zoning districts. The density of housing permitted in those districts ranges from one dwelling unit per 6,000 square foot of lot area in the R-2 district to as many units as you can provide parking space for in the RO zoning district. The RO zoning district does not have a maximum density, so the ability to provide the required parking is the only limitation on the number of units allowed. Attached is a modified R-3 Medium Density Zoning District, the R-3SL Medium Density Small Lot zoning district that staff is proposing for discussion to address the issues Mr. Anson brought up in his presentation at the May meeting. The planning commission recommended that the minimum lot width for the R-3SL zoning district be reduced from the proposed 40 feet to 35 feet and that a minimum lot width of 24 feet be considered for single- family attached. The R-3SL as proposed would preserve the density of the R-3 zoning district at one dwelling unit per 3,000 square foot of lot space, but would reduce the minimum width to 35 feet for single-family detached or multifamily dwellings and to a width to 24 feet for townhomes (single-family attached dwellings). The minimum lot size area would be 3,000 square feet for any lot. Off-street parking for residents and guests would also be a permitted use, allowing the developer to devote a lot for off-street parking within the subdivision. The setbacks for the R-3SL district would remain the same as the R-3 zoning district with two exceptions. The setback for side property lines for single-family attached would be reduced to zero between attached units and increased from 5 feet to 10 feet between groups of attached units and the front-yard setback for all types of units can be reduced to 10 feet if the developer provides access easements and parking at the back of each lot instead of driveways off the street in front of each lot. This would have to be decided at the time of platting and be included in the subdivision agreement. This district may or may not be in demand in Grand Island, but these changes would offer more choices in the market. Hastings and Kearney both have provisions for townhome development within their regular residential zoning districts. Hastings allows 20-foot wide lots of 2,000 square feet and Kearney allows 25-foot wide lots of 3,000 square feet. Hastings also allows small lots with a minimum of width of 45 feet and area of 4,500 square feet. The Grand Island Area Habitat for Humanity has purchased property that is currently zoned R-3 along Capital Avenue and these proposed changes would increase the number of lots available to them by about one-third. A second proposal that involves less dramatic changes in the zoning regulations is also offered for consideration. As shown, the proposed changes would reduce the minimum lot size (area) in the R-3SL zoning district from 6,000 square feet to 4000 square feet. This would allow a developer to produce lots that are 50 feet wide by 80 feet deep instead of 50 feet wide by 120 feet deep. Reducing the depth of the lot may allow for certain properties to be developed more efficiently but will not significantly reduce the overall cost to develop lots as most of the cost is associated with the improvements placed along the front of the lot (streets, sewer, water, storm sewer etc.). Grand Island Council Session - 9/26/2017 Page 29 / 213 This change would give Habitat for Humanity more options for the property that they have purchased, but would not offer any significantly different development options in Grand Island. A public hearing will be held on these proposed changes. If the planning commission makes a recommendation, these proposed changes will be presented to the Grand Island City Council for consideration at their meeting on September 26th. ____________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 9/26/2017 Page 30 / 213 Proposal B Smaller Lot SizeProposal A with smaller lots, lot widths and provisions for single family attached §36-64.1 (R-33SL) Medium Density-Small Lot Residential Zone Intent: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. Specifically this zoned is intended to provide market flexibility regarding lot size and housing configuration. (A) Permitted Principal Uses: The following principal uses are permitted in the (R-33SL) Medium Density Small Lot Residential Zoning District. (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (10) Off street parking lots for residents and guests (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-33SL) Medium Density Small Lot Residential Zoning District as approved by City Council. (1) Nonprofit community buildings and social welfare establishments other than those providing living accommodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (6) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum LotAreaLot Area per Dwelling Unit Minimum LotWidthLot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage MaximumBuilding Height (feet) Permitted Uses 63,000 3,000 5035 20* 15 5 10 50% 35 Conditional Uses 63,000 3,000 5035 20* 15 5 10 50% 35 Attached Single Family Dwelling Units 3000 3000 24 20* 15 10 10 50% 35 (E) Miscellaneous Provisions: Formatted: Left Formatted: Font: Not Italic Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted Table Grand Island Council Session - 9/26/2017 Page 31 / 213 Proposal B Smaller Lot SizeProposal A with smaller lots, lot widths and provisions for single family attached (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. (3) Front yard setback may be reduced to 10 foot if paved access easements and parking (garage counts as parking) is provide at the back of each lot. (4) Sideyard setback for attached single family dwellings shall be reduced to 0 feet on all lots with contiguous attached units. Formatted: Font: 10 pt Formatted: Justified, Indent: Left: 0.25",Space After: 0 pt, Line spacing: single Grand Island Council Session - 9/26/2017 Page 32 / 213 Proposal B Smaller Lot Size §36-64. (R-3SL) Medium DensitySmall Lot Residential Zone Intent: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. (A) Permitted Principal Uses: The following principal uses are permitted in the (R-3SL) Medium Density Small Lot Residential Zoning District. (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-3SL) Medium Density Small Lot Residential Zoning District as approved by City Council. (1) Nonprofit community buildings and social welfare establishments other than those providing living accommodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (6) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimu m Parcel Area (feet) Minimum LotAr ea per Dwelling Unit Minimum LotWid th (feet) Fron t Yar d (feet ) Rea r Yar d (feet ) Side Yar d (feet ) Stree t Side Yard (feet) Maximu m Ground Coverag e MaximumBuilding Hei ght (feet) Permitted Uses 64,000 3,000 50 20 15 5 10 50% 35 Condition al Uses 64,000 3,000 50 20 15 5 10 50% 35 (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. Grand Island Council Session - 9/26/2017 Page 33 / 213 Grand Island Council Session - 9/26/2017 Page 34 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item E-2 Public Hearing on Request to Rezone Part of Lot 1 and all of Lot 2 of Proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive and West of Shady Bend Road from LLR Large Lot Residential to B-2 General Business (Niedfelt Property Management, LLC) Council action will take place under Ordinances item F-2. Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 35 / 213 Council Agenda Memo From:Regional Planning Commission Meeting:September 26, 2017 Subject:Rezone from LLR to B2 Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background This is an application requesting a change of zoning for land proposed for platting as Lots 1 and 2 of Meadow Lane Seventh Subdivision, in Hall County but within the zoning jurisdiction of Grand Island from LLR Large Lot Residential to B-2 General Business. This land is located on the north of U.S. Highway 34 and west of Shady Bend Road. Discussion At the regular meeting of the Regional Planning Commission, held September 6, 2017 this item was considered following a public hearing. A request to rezone part of Lot 1 and all of Lot 2 of proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive and west of Shady Bend Road from LLR Large Lot Residential to B-2 General Business Zone, in the jurisdiction of the City of Grand Island, Hall County, Nebraska. (C- 33-2017GI) O’Neill opened the public hearing. Nabity said this rezoning is different than the one the commission saw in June that rezoned all the property to B2. This new proposal retains four housing lots along the north bordering Goldenrod Drive and Conrad Drive. There would be two lots on the south for B2 General Business. Nabity said Lot 1 would have an access onto Highway 34 from the southwest corner and there would be an access easement to Lot 2. Lot 2 would also retain a legal access onto Conrad, but the county is forbidding truck traffic from that access. Nabity said there is already B2 zoned property to the east. Linda Uhrich, 3126 Goldrod Drive, spoke against the rezoning. She had concerns about water drainage in the subdivision. Grand Island Council Session - 9/26/2017 Page 36 / 213 Judy Herzog, 3415 Conrad Drive, spoke against the rezoning. She said ongoing flooding is a problem. Septic tanks in the subdivision are affected. She said she wants her house saved. She submitted flooding pictures to the commission to review. Rainforth asked if the area is in the floodplain. Nabity said the Wood River Flood Diversion project removed it from the floodplain, but the area has high groundwater. Nabity said septic tanks there are required to be mound systems. Ray Dooley, 3060 Roselawn, spoke against the rezoning. He questioned why Lot 2 has a Conrad access. Nabity said every lot created must front onto a road. Dooley said rural fire protects the area and they aren’t that quick. He opposes additional housing. He said there’s no place for rainfall to go. Commissioners asked questions about the condition of existing ditches and culverts. Residents in the subdivision said ditches are blocked and not all driveways have culverts. Robb and Rainforth suggested that the NRD be contacted to clean out culverts. O’Neill said he lives to the northeast and drainage in the area has been a problem for years. Elaine Dooley, 3060 Roselawn, spoke against the rezoning. She said the subdivision has had drainage problems for 40 years. It leads to standing water and mosquitoes. She said two property owners have impaired water flow by not installing culverts in their driveways. She said the groundwater is high. She said water is intended to drain to the northeast, but it does not. She doesn’t want to see businesses come into the area, which she said would be spot zoning, as there are only three businesses there now. She said traffic is a problem on Highway 34 and more business will make it worse. She reminded the commission that she submitted a petition at the previous meeting with 73 opponents to any rezoning that allows business in what is now a residential area. Mary Jo Cook, 3311 Roselawn Drive, spoke against the rezoning. She is concerned about the additional houses with a lack of drainage already. Homeowners have already had to sandbag their homes. She said more water has come into the subdivision since the Wal-Mart was built in the area. Mosquitoes are a problem and the Health Department comes out regularly to do treatment. Christi DePoorter, 3321 Conrad Drive, said she and her family own the area to be rezoned. She also built a house in the subdivision. She said at the last meeting, there were two potential buyers for commercial use, but both have backed out after the negative reaction from the neighbors. Her family has tried to respond to the concerns by making residential lots on the north to keep the character of the neighborhood, yet still have commercial use along the highway. She said her family does drainage for a living and understands how it works. She said she did not put a culvert in her driveway at the suggestion of the Hall County Public Grand Island Council Session - 9/26/2017 Page 37 / 213 Works Department, which is close to having a paving district prepared for the subdivision that now has dirt roads. She said her driveway will likely be redone as part of the paving district. She said new houses there would likely be built up and be a buffer to the slough. In response to questions, DePoorter said the proposed commercial lots are currently planted to alfalfa and if not rezoned for commercial use, could be used for the construction of 20 homes on the existing Large Lot residential zoning. She said the two commercial lots just make sense along Highway 34 as a highway corridor. Suzie Schank, 3040 Roselawn Drive, spoke against the rezoning. She is concerned that some customers will try to exit the commercial lots via Conrad. She raised concerns about noise pollution, air pollution, traffic, water drainage and a lowering of property values. Jane Richardson, 47 Kuester Lake, said she represents the Fifth District in Hall County. She said this area has had water drainage problems since her father represented the area. She said there needs to be a balance between commercial and residential property rights. Many people have lived in the subdivision for 40 years, she said. Marlin Sekutera, 3521 Primrose Drive, spoke against the rezoning. He said he has lived in the subdivision for 14 years and drainage is a problem. He said whether the property is residential or commercial didn’t much matter to him, but the land is at a confluence of water and that needs to be addressed. Steve Spaulding, 3204 S. Shady Bend Road, said he is a new buyer of 12 acres to the north of Conrad and east of Shady Bend Road. He said he was there to better learn and understand the issues. He said drainage is difficult and groundwater is the problem as its only 6 feet below the surface. Rick Plambeck, 3217 Roselawn, said his property fronts the commercial lot. He is concerned about noise and pollution from a commercial use. He said property owners are on private wells in that area. O’Neill closed the public hearing. The commission continued its discussion. A motion was made by Ruge and seconded by Robb to approve the rezoning and find that the rezoning is consistent with Grand Island’s Comprehensive Plan. The approval motion deadlocked in a tie with six members in favor (Apfel, Ruge, Robb, Rainforth, Rubio and Sears) and six members voting no (Allan, O’Neill, Maurer, Monter, Randone and Kjar) and no one abstaining. A motion was made by Monter and seconded by Maurer to deny the rezoning. Grand Island Council Session - 9/26/2017 Page 38 / 213 The denial motion failed with two members voting in favor (Monter and Maurer) and nine members voting no (Apfel, O’Neill, Ruge, Robb, Rainforth, Rubio, Sears, Randone, and Kjar) and one member (Allan) abstaining. No consensus was reached so a recommendation of no recommendation is forwarded to the Grand Island City Council. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Refer the item back to Planning Commission for further study and a recommendation 4.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes. Sample Motion Move to approve the ordinance and as presented. Grand Island Council Session - 9/26/2017 Page 39 / 213 Grand Island Council Session - 9/26/2017 Page 40 / 213 Agenda Item # 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: September 6, 2017 SUBJECT:Zoning Change (C-33-2017GI) PROPOSAL:This application includes approximately 9.8 acres of land north of U.S. Highway 34 and west of Shady Bend Road. This is the vacant property located immediately east of the property zoned B-2 General Business on the corner of U.S. Highway 34 and Shady Bend Road. The property is located within the two-mile extra- territorial zoning jurisdiction of the City of Grand Island. The applicant is requesting to change the zoning on most of Lot 1 and all of lot 2 of the proposed Meadow Lane Seventh Subdivision from LLR Large Lot Residential Zone to B- 2 General Business. OVERVIEW: Site Analysis Current zoning designation:LLR: Large Lot Residential. Intent of zoning district LLR: To provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits residential dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. Permitted and conditional uses:LLR: Agricultural uses, recreational uses, transitional uses such as: greenhouses and veterinary clinics and residential uses at a density of 1 unit per 20,000 square feet. Comprehensive Plan Designation:Designated for future medium density residential to office development the area immediately to the east is planned and zoned for highway commercial uses and Council previously amended the future land use map and rezoned the Mile Bridge school ¼ mile to the east for commercial uses. Existing land uses.Undeveloped property Adjacent Properties Analysis Current zoning designations:East: B-2 General Business Zone South: TA-Transitional Agriculture Zone, North and West: TA-Transitional Agriculture. Intent of zoning district:B-2: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will Grand Island Council Session - 9/26/2017 Page 41 / 213 have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. TA: The intent of this zoning district is to provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings as well as other open space and recreational activities. The intent of the zoning district also would allow the limited raising livestock within certain density requirements. Permitted and conditional uses:TA: Agricultural uses, recreational uses and residential uses at a density at a density of 1 unit per 20 acres. Limited animal agriculture. Comprehensive Plan Designation:North: Designated for future low to medium density residential development. East: Highway Commercial. West: Medium Density Residential. South: Transitional Agriculture. Existing land uses:East: Commercial. North: Vacant and Residential. South and West: U.S. Highway 34 and Agricultural land. Grand Island Council Session - 9/26/2017 Page 42 / 213 Future Land Use Map from Grand Island Comprehensive Plan Grand Island Council Session - 9/26/2017 Page 43 / 213 Future Land Use Map Descriptions and Policies MO - Medium Residential to Office This land use area is intended to provide for a mixture of single-family housing units with multi-family housing alternatives such as townhouse, condo or apartment buildings. Residential densities of more than 15 dwelling units per acre. In addition to residential uses in the MO, limited commercial in the form of offices is also allowed. This area has a higher density of dwellings per acre as compared to the LM land use district. The MO district will tend to bring more vehicles, potentially wider streets and faster traffic, and more opportunity for a diversity of uses. Therefore, a development must be effectively sited, landscaped, and buffered, as well as having adequate provisions for open space. Architectural features will also be a key element in blending the mix of residential densities and limited office uses. The Medium Density Residential/Office Area is appropriate for smaller scale mixed residential/office use development where a variety of densities can be accomplished. HC - HIGHWAY COMMERCIAL This land use area is intended to accommodate uses that serve a more regional clientele that come from miles away. These uses are typically accessible only by car, and include hotels and motels, large retailers, malls, office and business parks, etc. The Highway Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community business areas should be located as business clusters rather than arterial strip commercial development. Internal street networks with access roads serving multiple developments and landscaping are required within this land use designation. LM - LOW TO MEDIUM RESIDENTIAL The Low to Medium Residential land use would encompass residential uses with a density up to 15 dwelling units per acre. City services such as water and sewer should be provided in areas where densities with one dwelling unit per acre. This land use area is intended to allow for the continuation of some typical density subdivision developments, similar to those that exist along the edges of the community. Grand Island Council Session - 9/26/2017 Page 44 / 213 EVALUATION: Positive Implications: Would not negatively impact traffic on Highway 34: Access to both businesses would be a shared access at the west end of the property. Largely consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for long-term medium density residential to office development, but is immediately adjacent to an area planned for and zoned for commercial development. The Grand Island City Council amended the future land use map to designate Mile Bridge School for commercial development in December 2004, so it is likely that this stretch of U.S. 34 will develop to support commercial uses. Especially those uses aimed at people traveling to and from Grand Island. Maintaining the residential buffer along Goldenrod and Conrad at the north end of the property will minimize impacts to the residential neighborhood to the north. Negative Implications: Uses other than those proposed are allowed in the B-2 zoning district: Potential uses for the site would include a convenience store, night club/bar, restaurant, and strip commercial. A copy of the uses allowed in the B-2 Zoning District is attached. Lack or municipal infrastructure: Sewer and water are not available to this property. Changing the zoning on this property at this point would likely encourage additional development in this area prior to the development of municipal infrastructure. The proposed uses would not require municipal infrastructure so would fit here. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from LLR Large Lot Residential to B-2 General Business on this site. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 9/26/2017 Page 45 / 213 Grand Island Council Session - 9/26/2017 Page 46 / 213 §36-68. (B-2) General Business Zone Intent: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefor will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-2) General Business Zoning District. (1) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (2) Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto] (3) Agencies as found in the Zoning Matrix [Attachment A hereto] (4) Dwelling units (5) Board and lodging houses, fraternity and sorority houses (6) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (7) Public parks and recreational areas (8) Country clubs (9) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (10) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (11) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (12) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (13) Public and quasi-public buildings for cultural use (14) Railway right-of-way but not including railway yards or facilities (15) Nonprofit community buildings and social welfare establishments (16) Hospitals, nursing homes, convalescent or rest homes (17) Radio and television stations (no antennae), private clubs and meeting halls (18) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar use (19) Preschools, nursery schools, day care centers, children's homes, and similar facilities (20) Group Care Home with less than eight (8) individuals (21) Elderly Home, Assisted Living (22) Stores and shops for the conduct of wholesale business, including sale of used merchandise (23) Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (24) Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking) (25) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is used (26) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-2) General Business Zoning District as approved by City Council. (1) Recycling business (2) Towers (3) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Building and uses accessory to the permitted principal use. Grand Island Council Session - 9/26/2017 Page 47 / 213 (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 10 01 02 10 100%55 Condition al Uses 3,000 30 10 01 02 10 100%55 1 No rear yard setback is required unless bounded by an alley, then a setback of 10 feet is required. 2.No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. Grand Island Council Session - 9/26/2017 Page 48 / 213 Abstracting services Accounting & bookkeeping services Advertising services, direct mail Advertising services, general Agricultural, business and personal credit services including credit union Agricultural chemical & fertilizers - wholesale Agricultural fertilizers, hazardous & non hazardous - retail Agricultural operations Air conditioning, heating & plumbing contracting services Alteration, pressing & garment repair services Ambulance services Animal hospital services Antiques - retail Apparel & accessories - retail Appliances (household) - retail Appliance repair services Architectural, engineering & planning - professional services Arenas & fieldhouses Armateur rewinding services Armed forces reserve center Art galleries, publicly owned Artists - painters, sculptors, composers, & authors Athletic field or playfield Auditing, accounting & bookkeeping services Auditoriums, public Automobile & other motor vehicle repair services Automobile & other motor vehicles - retail Automobile & truck rental services Automobile equipment - wholesale Automobile parts & supplies - retail Automobile wash services Bait shops Bakeries non-manufacturing - retail Banking services Barber services Batch Plants - temporary Beauty services Bed and breakfast residence Beer, wine & alcoholic beverages - wholesale Bicycles - retail Blueprinting & photocopying services Boarding & rooming houses Boat sales, service and rentals Bookkeeping, auditing & accounting services Books, magazines & newspapers distributing - wholesale Books - publishing & printing Books - retail Bottled gas - retail Bowling alleys Building materials - retail Building materials & lumber - wholesale Business & management consulting services Business offices not elsewhere listed Butter - manufacturing Cable TV maintenance yard Cameras & photographic supplies - retail Camp grounds, general Camp grounds, group Candy, nut, & confectionery - retail Carpentry & wood flooring services Carpet & rug cleaning & repair service Charitable & welfare services Chiropractors, optometrists, & other similar health services Churches , synagogues & temples Civic, social & fraternal associations Clock, watch & jewelry repair services Commercial & industrial machinery, equipment & supplies - wholesale Commodity & securities brokers, dealers & exchanges & services Confectionery, nut & candy - retail Construction & lumber materials - wholesale Construction services - temporary Convalescent,, nursing & rest home services Convents Convenience store Country club Credit reporting, adjustment & collection services Credit unions & agricultural, business & personal credit services Crematory, funeral & mortuary services Curtains, draperies & upholstery - retail Dairy products - retail Dairy products - wholesale Day care centers Dental laboratory services Dental services Department stores - retail Detective & protective services Direct mail advertising services Direct selling organizations - retail Discount & variety stores - retail Disinfecting & exterminating services Dormitories, college Draperies, curtains & upholstery - retail Drug & proprietary - retail Dry cleaning & laundering, self service Dry cleaning, laundering & dyeing services, except rugs Dry goods & general merchandise - retail Dry goods & notions - wholesale Duplicating, mailing, & stenographic services Dwelling, multi-family Dwelling, single-family Dwelling, two-family Dyeing, dry cleaning & laundry services, except rugs Egg & poultry - retail Electrical apparatus & equipment, wiring supplies, & construction materials - wholesale Electrical contractor services Electrical appliances, phonographs, televisions, tape players & radio sets - wholesale Electrical repair services, except radio & television Electrical supplies - retail Electricity regulating substations Employment services Engineering, planning architectural professional services Equipment & supplies for service establishments - wholesale Equipment rental & leasing services Exhibition halls Exterminating Fairgrounds Farm machinery & equipment - retail Farm products warehousing & storage excluding stockyards - nonhazardous Farm supplies - retail Farms, commercial forestry Farms, grain crops Farms, hay & alfalfa Farms, fiber crops Farms, fruits, nuts or vegetables Farms, nursery stock Feeds, grains & hay - retail Fertilizers, agricultural nonhazardous - retail Fieldhouses & arenas Fire protection & related activities Fish & seafood's - retail Fish & seafood's - wholesale Floor covering - retail Florists - retail Food lockers & storage services Fraternal, civic & social associations Fraternity & sorority houses Fruits & vegetables (fresh) - wholesale Fruits & vegetables - retail Fuel, except fuel oil & bottled gas - retail Fuel oil - retail Funeral, mortuary & crematory services Fur repair & storage services Furniture & home furnishings - wholesale Furniture - retail Furniture repair & reupholstery services Furies & fur apparel - retail Garden supplies & landscape nursery - retail Garment repair, alteration & pressing services Gasoline service stations - retail General stores - retail Gifts, novelties & souvenirs - retail Glass, paint & wallpaper - retail Grains, feeds & hay - retail Green houses Groceries - retail Grand Island Council Session - 9/26/2017 Page 49 / 213 Group care home Gymnasiums & athletic clubs Hardware - retail Hardware - wholesale Hay, grains & feeds - retail Health resorts Health & exercise spas Hearing aids, optical goods, orthopedic appliances & other similar devices - retail Heating, air conditioning & plumbing contracting services Heating & plumbing equipment & supplies - retail Hobby supplies - retail Holding & investment services Hospital services Hotels, tourist courts, & motels Household appliances - retail Ice - retail Ice skating rinks, indoor Insurance agents & brokers services Insurance carriers Internet service Investment & holding services Janitorial services Jewelry - retail Jewelry, watch & clock repair services Labor unions & similar labor organizations Landscape contracting services Landscape nursery & garden supplies - retail Lapidary work Laundering & dry cleaning, self- service Laundering, dry cleaning & dyeing services, except rugs Lawn care - services Legal services Libraries Liquor - retail Locksmith services Lumber & building materials - wholesale Lumber yards - retail Magazines & newspapers - retail Mailing, duplicating, & stenographic services Management & business consulting services Masonry, stonework, tile setting & plastering services Massage services Meat & meat packing products - wholesale Meats - retail Medical clinics, out-patient services Medical laboratory services Miniature golf Manufactured homes on permanent foundation Mobile homes & accessories - retail Monasteries Monuments - retail Motels, hotels, & tourist courts Motorcycle & bicycle sales, rental & service Mortuary, funeral & crematory services Museums Musical instruments & supplies - retail Newspaper & magazines - retail Newspapers, books & magazines distribution - wholesale Newspapers publishing & printing News syndicate services Notions, dry goods - wholesale Novelties, gifts & souvenirs - reail Nursery stock farms Nursing, convalescent & rest home services Optical goods, hearing aids, orthopedic appliances & other similar devices - retail Optometrists, chiropractors & other similar health services Orphanages Paint, glass, & wallpaper - retail Painting & paper hanging services Paper & paper products - wholesale Paper hanging & painting services Parks, public Periodicals, publishing & printing Petroleum pipeline R/W Pets & pet grooming - retail Photocopying & blue printing services Photoengraving Photofinishing services Photographic studios & services Photographic supplies & cameras - retail Physicians' services Planetarium Planning, architectural & engineering professional services Plastering, masonry, stone work & tile setting services Playfields & athletic fields Playgrounds Play lot or tot lot Plumbing & heating equipment & supplies - retail Plumbing, heating, & air conditioning contracting services Poultry & small game dressing & packing Pressing, alteration & garment repair services Printing, commercial Printing & publishing of newspapers Printing & publishing of periodicals Private clubs Professional equipment & supplies - wholesale Professional membership organizations Professional offices not elsewhere listed Quarrying, gravel, sand & dirt Quarrying, stone Race tracks & courses - animals Radio broadcasting studios Radios, televisions, phonographs, recorders, & tape players repair services Radios, televisions, phonographs, recorders & tape players - retail Radio transmitting stations & towers Railroad right-of-way Real estate agents, brokers & management services Recreational vehicles & equipment - retail Recreation centers Rectories Refrigerated warehousing (except food lockers) Resorts (general) Rest, nursing, & convalescent home services Restaurants Restaurants, drive-in Retirement homes Reupholstery & furniture repair services Roller skating rinks - indoor Roofing & sheet metal contracting services Rooming & boarding houses Rug & carpet cleaning & repair services Sausages & other prepared meat products - manufacturing Savings & loan associations Schools, art Schools, barber Schools, beauty Schools, business Schools, colleges Schools, computer Schools, correspondence Schools, dancing Schools, day care Schools, driving Schools, junior college Schools, music Schools, nursery Schools, pre-primary Schools, primary Schools, professional Schools, secondary Schools, stenographic Schools, technical Schools, trade Schools, universities Schools, vocational Scientific & educational research services Second hand merchandise - retail Seed and feed sales Sheet metal & roofing contracting services Shoe repair, shoe shining, & hat cleaning services Shoes - retail Shoes - wholesale Social, civic & fraternal associations Social correctional, treatment & counseling services Sorority & fraternity houses Souvenirs, gifts, novelties - retail Sporting goods - retail Stadiums Stationery - retail Grand Island Council Session - 9/26/2017 Page 50 / 213 Stenographic, duplicating, & mailing services Stone work, masonry, title setting, & plastering services Storage - mini Storage & warehousing of nonhazardous products Storage & warehousing of household goods Swimming clubs Synagogues, churches, & temples Tailoring (custom) Taverns Taxcicab dispatch Telegraph communications Telephone business office Telephone exchange stations Telephone maintenance yard Telephone relay towers (microwave) Television broadcasting studios Television, radios, phonographs, recorders & tape players repair services Television, radios, phonographs, recorders, & tape players - retail Television transmitting stations & relay towers Temples, churches, & synagogues Tennis clubs Theaters, legitimate Theaters, motion picture, indoor Tile setting, masonry, plastering & stone work services Tires & inner tubes - wholesale Title abstracting services Tobacco & tobacco products - wholesale Tot lot or play lot Tourist courts, hotels, & motels Travel arranging services Truck & automobile rental services Utility substations, pumping station, water reservoir & telephone exchange Upholstery, draperies, & curtains - retail Variety & discount stores - retail Vending machine operations - retail Veterinarian services Wallpaper, paint & glass - retail Warehousing & storage of household goods Watch, clock, & jewelry repair services Water well drilling services Welding & blacksmith services Welfare & charitable services Wine, beer, & alcoholic beverages - wholesale Wool & mohair - wholesale Grand Island Council Session - 9/26/2017 Page 51 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item E-3 Public Hearing on Acquisition of Property at 523 East 19th Street (Butterfield) Council action will take place under Consent Agenda item G-8. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 52 / 213 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:September 26, 2017 Subject:Public Hearing on Acquisition of Property at 523 E 19th Street (Butterfield) Presenter(s):John Collins PE, Public Works Director Background A parcel of land is available for purchase at 523 E 19th Street, which is directly south of currently owned City property. 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. Discussion The adjacent City owned property is used by the Streets Division to stockpile bulk materials – typically fill dirt, spoils from ditch cleaning, and large diameter pipe. This purchase would increase the area that materials could be stored. Access to the two properties was gated/locked after the house was removed to discourage misuse, such as dumping trash. Purchasing the property would ensure restricted access could remain. City Staff and Current Owners; Sandra Marie Butterfield, Lyndsay Butterfield and Candice Butterfield of Lincoln, Nebraska have settled on a negotiated value for the land purchase. The sellers own the tax certificate #20140015 related to delinquent property taxes on the property addressed as 523 E 19th Street and have agreed to foreclose on such and obtain free and clear marketable title through a Treasurer’s Tax Deed. The subject property will be deeded to the City as soon as possible once the Treasurer’s Tax Deed is issued. Closing on this purchase shall be on or before September 30, 2017 per the agreement. All documents have been prepared by Nebraska Title Company (“Escrow Agent”) and reviewed by the City Attorney. Authorization of the City’s Legal Department in finalizing the closing documents and purchase authority of $2,800.00, which is an estimated amount based on a closing date of September 30, 2017, is contingent upon City Council approval. Grand Island Council Session - 9/26/2017 Page 53 / 213 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 $2,800.00. Sample Motion Move to approve the acquisition. Grand Island Council Session - 9/26/2017 Page 54 / 213 Grand Island Council Session - 9/26/2017 Page 55 / 213 Grand Island Council Session - 9/26/2017 Page 56 / 213 Address Lot Parcel Address:523 19TH ST E () Type:Single Family Sub Type: BHID:70334 Register of Deeds () Subdivision:Geer Sub () Block:0 Lot:33 Assessor () Treasurer () District Informa on () Photos/Sketches () Pictometry Online () Parcel:400132907 Owner:BUTTERFIELD/SANDRA MARIE Situs:00523 \E 19TH City of Grand Island, NE https://grandislandne.map.beehere.net/PrintDefault.bee 1 of 1 7/19/17, 1:22 PM Grand Island Council Session - 9/26/2017 Page 57 / 213 Parcel: 400132907 http://taxsifter.hallcountyne.gov/taxsifter/T-VisualsMultiplePhotos.asp?p... 1 of 1 3/14/2017 1:22 PM Grand Island Council Session - 9/26/2017 Page 58 / 213 Janet Pelland Assessor Hall County Assessor 121 South Pine Street, Suite 1 Grand Island, NE 68801-6099 Phone: (308) 385-5050 Fax: (308) 385-5059 TDD: (800) 833-7352 Barb Stoddard Deputy Assessor Property Summary (Appraisal Details) Parcel Information Ownership Information Parcel Number:400132907 Map Number:3315-00-0-12045-000-0123 Situs:00523 \E 19TH Legal:GEER SUB S 165' LT 33 Cadastral:0001-0012-0056 Current Owner:BUTTERFIELD/SANDRA MARIE LYNDSAY & CANDICE BUTTERFIELD Address:120 WEDGEWOOD DR City, State:LINCOLN NE Zipcode:68510-0000 Current Valuation Assessment Data Property Classification Land Value:22,950 Impr. Value:0 Outbuildings:0 Total Value:22,950 Exemptions:0 Taxable Value:22,950 District:5 School Base:GRAND ISLAND 2 Affiliated Code: Neighborhood:350 Greenbelt Area: Greenbelt Loss:0 Status:Unimproved Use:Single Family Zoning:01 Location:Urban City Size:12,001-100,000 Lot Size:03 Sales History NO SALES HISTORY RECORDS FOUND Building Permits Permit No.Date Description Amount 1/1/2015 HOUSE GONE 1/1/2013 GARAGE GONE/NO CHANGE IN HOUSE 1/1/2012 NO CHANGE FOR 2012 1/1/2011 HOUSE BURNED 12-14-10 1/1/2005 RESIDENTIAL IMPROVEMENT UPDATE 1/1/2004 RESIDENTIAL LAND UPDATE 1/1/2002 5.87% Tax Equalization and Review Commissionincrease 1/1/2000 5% UPDATE Historical Valuation Information Year Billed Owner Land Impr.Outbldg Total Exempt Taxable Taxes 2016 BUTTERFIELD/SANDRA MARIE 22,950 0 0 22,950 0 22,950 478.18 2015 BUTTERFIELD/SANDRA MARIE 22,950 0 0 22,950 0 22,950 485.54 2014 BUTTERFIELD/SANDRA MARIE 22,950 2,694 0 25,644 0 25,644 562.98 2013 BUTTERFIELD/SANDRA MARIE 22,950 2,694 0 25,644 0 25,644 547.60 Hall County TaxSifter Property Assessment http://taxsifter.hallcountyne.gov/taxsifter/t-assessor.asp?pid=400132907 1 of 2 3/14/2017 1:22 PM Grand Island Council Session - 9/26/2017 Page 59 / 213 Year Billed Owner Land Impr.Outbldg Total Exempt Taxable Taxes 2012 BUTTERFIELD/SANDRA MARIE 22,950 2,724 0 25,674 0 25,674 553.32 2011 BUTTERFIELD/SANDRA MARIE 22,950 2,724 0 25,674 0 25,674 543.52 2010 BUTTERFIELD/SANDRA MARIE 22,950 12,554 0 35,504 0 35,504 725.84 2009 BUTTERFIELD/SANDRA MARIE 22,950 12,554 0 35,504 0 35,504 719.06 2008 BUTTERFIELD/SANDRA MARIE 22,950 12,554 0 35,504 0 35,504 708.96 2007 BUTTERFIELD/SANDRA MARIE 22,950 12,554 0 35,504 0 35,504 707.00 2006 BUTTERFIELD/SANDRA MARIE 22,950 12,554 0 35,504 0 35,504 727.38 2005 BUTTERFIELD/SANDRA MARIE 22,950 12,554 0 35,504 0 35,504 725.02 2004 BUTTERFIELD/SANDRA MARIE 22,950 5,209 0 28,159 0 28,159 568.28 2003 BUTTERFIELD/SANDRA MARIE 21,058 5,209 0 26,267 0 26,267 576.50 2002 BUTTERFIELD/SANDRA MARIE 21,058 5,209 0 26,267 0 26,267 558.24 2001 BUTTERFIELD/SANDRA MARIE 19,890 4,920 0 24,810 0 24,810 517.60 2000 BUTTERFIELD/SANDRA MARIE 19,890 4,920 0 24,810 0 24,810 545.72 1999 BUTTERFIELD, SANDRA MARIE 24,576 24,576 0 24,576 533.48 1998 BUTTERFIELD, SANDRA MARIE 24,576 24,576 0 24,576 543.68 1997 BUTTERFIELD, SANDRA MARIE 24,150 24,150 0 24,150 564.12 1996 BUTTERFIELD, SANDRA MARIE 24,150 24,150 0 24,150 552.48 1995 BUTTERFIELD, SANDRA MARIE 24,150 24,150 0 24,150 535.44 1994 BUTTERFIELD, SANDRA MARIE 21,084 21,084 0 21,084 509.10 Parcel Comments Number Comment 1 HOUSE FIRE 12-14-2010, CHECK FOR 2011~ 2 1/92 $1.00 Photos/Sketches Filedate: 3/13/2017 7:00:05 PM Hall County TaxSifter Property Assessment http://taxsifter.hallcountyne.gov/taxsifter/t-assessor.asp?pid=400132907 2 of 2 3/14/2017 1:22 PM Grand Island Council Session - 9/26/2017 Page 60 / 213 Grand Island Council Session - 9/26/2017 Page 61 / 213 LIMITED TITLE REPORT FILE NO:6095966M TO:Randy James, Attorney at Law Nebraska Title Company, authorized to engage in the business of abstracting in the State of Nebraska under Certificate of Authority No. 56, hereby certifies that the records of Hall County, Nebraska have been carefully examined with reference to the following describedproperty, and from such examination finds as follows: LEGAL DESCRIPTION: The South 165 feet of Lot Thirty-Three (33), in Geer Subdivision to the City of GrandIsland, Hall County, Nebraska, EXCEPT that portion deeded to Burlington NorthernRailroad COmpany by Warranty Deed recorded June 17, 1994 as Inst. No. 94-105210 and re-recorded June 29, 1994 as Inst. No. 94-105619 records of Hall County, Nebraska Address: 523 East 19th Street, Grand Island, NE 68801 GRANTEE IN LAST DEED OF RECORD: Sandra Marie Butterfield, Lyndsay Marie Butterfield and Candice Jean Butterfield, as joint tenants UNRELEASED LIENS OF RECORD: Deed of Trust from Sandra M. Butterfield and Jodie J. Butterfield, wife anda.husband, Lindsey Marie Butterfield, a single person, and Candice jeanButterfield, a single person, to American Pioneer Title Insurance Company, Trustee for Beneficial Nebraska, Inc., DBA Beneficial Mortgage Company, Beneficiary, in the principal amount of $20,000.00 dated June 6, 2001 andrecorded June 11, 2001 as Inst. No. 2001-5512, assigned to SpringcastleFinance Funding Trust by Assignment recorded December 17, 2015 as Inst.No. 201508507. Construction Lien claimed by the City of Grand Island, against Sandrab.Butterfield, Lyndsay Butterfield and Candice Butterfield in the amount of$10,400.00 recorded September 10, 2014 as Inst. No. 2014045708. JUDGMENTS OR TRANSCRIPTS OF JUDGMENTS: Judgment (General) against Sandra Butterfield, Lyndsay Butterfield anda. Candice Butterfield, et al., as set forth April 28, 2014 in Case No. CI 13-774 in the District Court of Hall County, Nebraska, styled City of Grand Island, Nebraska, Plaintiff vs. Sandra Butterfield, Lyndsay Butterfield and Candice Butterfield, et al., Defendants. TAXES/ASSESSMENTS: 2011 and all prior years - paid in full 2012, 2013 & 2014 taxes, Sold on Tax Certificate No.20140015 - NOT REDEEMED.2015 General Real Estate Taxes, in the amount of $485.54- Not paid & Delinquent.2016 General Real Estate Taxes, in the amount of $478.18- Not paid.First half becomes delinquent May 1, 2017. Second half becomes delinquent September 1, 2017. Parcel ID Number 400132907Assessed Value: $22,950.00 Grand Island Council Session - 9/26/2017 Page 62 / 213 City Assessment for Service Code SE338T, Account Number 01945 levieda. March 7, 1964 in the original principal amount of $412.00, due in one (1)installments, zero (0) paid. NOTE: Assesment is for future hookup for sewer service and is only payable if tapped into. Effective Date: February 1, 2017 at 8:00 am Nebraska Title Company Please direct inquiries to: Amanda Mosiman By Registered Abstracter Grand Island Council Session - 9/26/2017 Page 63 / 213 INVOICE Invoice Date: File Number: Loan Number: Customer Ref. No.: 3/28/2017 6095966M 17-029 To:From: Randy James, Attorney at LawAttn: Randy JamesPO Box 21971 Lincoln, NE 68542 Nebraska Title Company5601 South 59th Street, Suite CLincoln, NE 68516 402-476-8818 RE:Sandra Marie Butterfield 523 East 19th Street, Grand Island Geer Subdivision, S 165' Lot 33, Hall County, NE Description Amount Qty Total Limited Title Report $175.00 1 $175.00 Subtotal $175.00 Tax @ %$0.00 Non Taxable Amt.$0.00 Grand Total $175.00 Please Remit To: Nebraska Title Company5601 South 59th Street, Suite CLincoln, NE 68516 402-476-8818 Thank you! Grand Island Council Session - 9/26/2017 Page 64 / 213 Y j(Kr I 14 r: 1.=, • IYf1 t MI trw MMM.M M l _ pA1DvaIQUITCLAIMDEED . WILLIAM 8. JONES and LEONORA M. JONES Nusband and Wife arraoRor w1 eh r aa or mos. I in coo td ration ot One Dollar (l.00) and love and affection r ceipt of wbich b hereby aolmv d. 4uitalwim and SANDRA MARIE HUTTERF'IELD LYNDSAY MARIE a coav y to BUTTERFIELD and CANDZCE JEAN BUTTERFIELD C3rant. as Joint Tenants t6 lollowir d soribed r al stats (w d fia d ia Neb. Aev.Stat./76-ZOiI fa F Hall County. Nebswku i The South One Hundred Sixty-five (165) feet of f Lot Thirt Three (33) in Geer Subdiviaion, now y', '' ry '. r'an Addition to the C1ty of Grand Island Hall lnJ!s'i' .fi.•... r County. Nebraska . i .,: ;;5+..' tt•- i Z O ef .. • t1 C i` C., 1 co c: 3 Nt+ o + r+ s v • n P+ b r- P x+.w: , ry 4'`fe,tywt i. il. 1 Js Y°°„- ...x "C i . i N M ' i `~ ' eo ra: ' N Jp I LL` n, k-. o w _., N s'. `'w"'''.' (c v yf„ r. v.vs: Executeds t:::'".. 19..91 K7!]'L A.O•.. T'"'.................. ; G 5 'n'l. • b""' " y 4 - ' 3F:kr.., v i- l.°-J sip/ GC.....••••••••••........ a: .:a c.nNaaA•rr: •rna s• • sY...'A-•m• s,; ' t'.;.aw. ta i `,. . ... A Ir;, . . Stateof.......NEBRASKA............................ Y.RO 7' •`` II HALL............ 19 Caunty of I The toreQoina itutrument waa acknowledQed before me on IIWII,LIAM B. JONES and LEONORA M. JONES Husband and tiVife......,....,.,,., by ......................................................................... ......... ... . . t r ........................ F i fa'r r.•f• ' i ... I STATE OF NEHRASKA i I County o!................................. 1 , I Filed for record end entered in Numerical Index on .............................................. IIi i M.. aud recorded in Deed Rrscord ........................ Pa e ..................at _.... o clock 1 I B C aunty or Deputy C ounty C lerk....•..•.•••••••..••••••iIIReQisterofDeedeorDeputyRegiaterofDeede o , i' I U, I 1 I i I V 1 I I II Grand Island Council Session - 9/26/2017 Page 65 / 213 1 a{s}Rte'. " 4v::}.11M- . . rl-rI1M1 M.p... ._... ,. 9' o MARAAIITY DSBD itd'I' 61, 31 NDR M#RIE U'1'TERFIELA t tid JADIE J. BUTTERFIELD, Hugbsnd and Wife, LYNDSIIY 1111KiE Btt'rTERF28LD, a Single Person and CANDICE JEAti BL"PZ'ERFI LDr a Singie Person, of S23 E. 19th Street, Gran islan, Nebraska 68801, herein calied the tirantors, whether one or more, in aonaidera ion oP One Dollar ($1.00) and other valua3 le aonaideration, receive from cirantee, do ttereby grant, i'p . ,i.,;, ti7....,• bargain, se].l, convey and confirm unto BtJLINGTON NORTHEIiN RAILROAD h• s:• "° COMP]iHY, a Delaware corporation of 3300 Continentai Plasa, 777 Hafn 4f::,7;':.. r' '` Street, Fort Worth, Texas 76102, herein oail the Grantee, whether ai.} i'`"i+;?'` ona or more, the ollowinq desaribed real property in Hall County, Y.'-.'`Y Nebraeka: Y 4'' x;. tract of land comprising a par1: of the south One r:.;` Htutdred Sixty Five (165.0) feet of Lot Thirty-Ths'ee (3 3), d;'=.;°';. Geer subdivision, im the City oP Grand Isl nd, Nebraska, t: <. more partiaularly described as follows: re?:.?1 t'+h.''6;' lq,l1y• Heginning at the northeast corner of said south OneIttA„J'.' ' y:Y_.5 Hundred Sixty Five (165.0) feet of Lot Thirty Three (33 t thenae running westerly alonq the northe+rly line of sa d T south One Hundred sixty Five (165.v) feet of .ot ihirtyft`,, w,6 rfy., Three. (3 3), a distance of One Hundred Nin ty One and j ;_ Fifty Nine 3undredths (191.59) feet, to the ACTUAL point R E;aY>tr of beginniny; thenae deflecting left 121 08 55 and r x. running southeasterly, a distance of one Hnndred Ninety r r Three and One TentQi (193.10) feet, to a point on the southerly line of said south One Hundred 8ixty Five i:, 165.0) feet of Lot Thirty Three (33); thence def].eetfng x-• • " riqht 121 41' 00" and running westerly alonq the southeriy line of said south one Hundred Sixty Five i65.0) feet oP Lot Thirty Three (33) , a diatance of Trrlerity SevOli aiid Thirty Five HutidX'e ths (27.35) feet, t r:•:. . s.v.c4,,:,:, . .' a point on a aurve; thenco rur ning northwe terly long the tY;``ara of a cu cve, conaave northwesterly, the long chord of whiah deflects right 56° 39' O1" from the ast described course, a long chor distance of One Hundred Ninety Six and Twenty l ive Httri redths (196.2s) feet, to a pcin on the northeg y line of said south One Hurzdred sixty Five r>;;- s,;y; 16S.O) fee of Lat Thirty Three (33)t thence deflecting right 122' 37• 49" and running easterly alonq the noxtherly line of said south One Hundred Sixty Five i;, 165.0) feet of Lot Thirty Three (33), a distance ofOJ • ' r •,;•: Thirty Thre e and Eiqht Tenths (33.80) feet, to the ACTUAL point of beqinning, Hall Cownty, Nebraska. Tp HAVE AND TO HOLD the above described premises, together with ab1 the tenements, Aereditaments and appurtenances thereunto unto the sa3.d Grantee°s suaaessors and assigns.b 2ongimg An the Grantor does hereby covenant wfth the Grantee and with G anteQ s auccessors and assiqns that G antor fs lawfully seized of s id premisesi that they are free from encumbrance, except as I . y — — listed belOw: 1 1) Utility e sements ove the Easteriy Sixteen Feet (16) and f over the 3outhc rly Twenty-Eight Feat (28) of said lot as i shown in Quit Clai a De d recorded in Box 140, Page 364. Also that Grantor has qood right and lawful authority to convey the samet and that Grantor warrants and will defend the i i J:1 ' r..,.—.s -- —-•-----------------_—=— Grand Island Council Session - 9/26/2017 Page 66 / 213 r i . i. F . "$f'_:t. .. - y i) y ..U titt to a id pr is s against tho laWtu. clai a x l ,^sc s wlio o v r. p,A,TED this ,tt., day o! Ilsy, 1994. SPItllu?,1. MAR: aD'1TSRF , Gran r:.• . D3E ,T UTT RF BLD Grantvr rl L a'I.B.. HUTTERFY end r,arroxc t rt rrr=ax S ndrq liar.e Butterfisid,. t3uaur ia:.a ST1iTE OF NEBRASIU ) ss COiJIiTY F R1,LL The foreqoing instrunae t was acJc nawleriged laefore me on i sisi::: 8ay of: 1994, by S d a Ma rie HLtti e f3eld, Jodie J.' . Butterfield, L y l t rie Butt ti+ld sigised by r nc9ra 1Iarie , Butterfield a os+ardian and Ca rc: Jesn But erfateld aiqned by'•. Sandra Masie 8u erfield as Guara'sra. MII!iAIIY r M1 1 ary Public STliTE OF ITEBR SR? ) SS COUNTY OF Hl LL Filedl for record and entere.d in.NUr e f cal Indeac on t o•aloak _.m., an reaordec9 in Deed Record Pege r L`- BY: Cour ty or Deputy Cout:ity Cierk Register of eads or Deputy Reqiat+er of Deeds r-- c l l) n t ' ry str..b t, D Y • z G-Q ° v i;r.aZ,'N a ca I I o ° __ m T v u., 3 , N e L l. N r.r a G Grand Island Council Session - 9/26/2017 Page 67 / 213 M'_w wtrirwNn w.,..ry , • ' rr`i"'',,..-.,. i_, ___,.- o ri. W 1! R It 1 N 'Y' Y 1 B D R COHpE 4=9 QSsis THl T WE, SAI1D1tA MARIE BUTTERFIELD and JODiE J. HUTTERFiELD, s':L'; Hugband an.d Wife, L3fNDgAY I RIB BUTTERFIELD, a 3ingle Person attd CANDICE JF T HUTTFRFIELD, a Sistgle Person, of 523 E. 19t t 3troet, Gr nd islan, Nebraska 68801, herein celle the Grantors, whether one or more, in aonsideration of One Doilar ($i.00j and other a_.; LL valuable considerAtfon, received from Grantee, do hereby grant, a.{ F_ bargain, sell, convey and confirm untoffiPLINGTON HORTHERN R iILROADi° 'a; COI+lPl,NY, a Delaware corporation of 3300 ContinenEal Pl aa, 777 Mainf .. .. naf.:':;::r`:.:.4' iE.-. Street, Fort Worth, Texas 76102, herein call the Grantee, whether f f4,d. .,..'-i.::. ri„'.. one or more, the following deacribed real property in Hall County, 4F s.i:: Nebraska: 1 traat of land compris inq a pert of the south One Hundred Sixty Five (165.0) feet of Lot Thirty-Three (33 j, Geer Subdivision, in the City of Grand Island, Nebraska, more particularly desarib8d as Pollows: eeginning at the northeast ao ne of said souttt One Hundred Sixty Ffve (165.0) feet of Lot Thirty Three (33); thenae running westerly along the northerly line of said south One Hundred 3ixty Five (165.0) feet of Lot Thirty Three: (33) , a distanae of One Hundred Ninety On@ and Fifty Nine Hundredl4hs (191.59) fe t, o the ACTUAL point y E of beginning; the ce deflectinq left 121° OB 55n and ru nning southeaBterly, a distance of One Hundred Ninety Three and One Tenth (19.10) feet, to a point on the southerly line of said south One Hundred Sixty Five 165.0) feet of Lot Th3rty Three (3 3)t ence def lectinq riqht 121° 41 00° and runninq westerly along the southerly line of said south one Hunclred sixty Five 165.0) fe t of Lot Tt irty Three (33), a distanae of Twenty 3even and TRirty Five Hundredths (27.35) feet, t y.;,, .::,, , 'a point on a auxve; thence running northwesterly long the arc of a curve, aonaave northwesterly, tIIe lonq chord oP t which defieata right 56° 39' O1" from the last described couucse, a Ionq ahord distance of One Hundred Ninety Six and Twenty Five Hundredtlas (196.25) feet, to a point on the northerly line of said aoutt Q r e Hundred Si cty Ff.ve 165.0) feet of Lot Thirty Three (3 3 t thence deflecting T right 122° 37 49" anc running eagterly along ther 1 northerly line of said south One Hunclred Sixty Fivey;- .165.0) feet of Lot Thirty Three (33), a distance of Thirty Three and Eiqht Tenths (33.80) fest, to the ACTUAL point of beginning, Hal2 County, Nebraslsa. TO HAVE AND TO HOLD the above descrfbed premises, toget3ier with all the tenements, hereditaments and appurtenances thereunto belong3ng unto the said Grantee•s successors and assigns. And the Grsnntor does horeby covenant witt the Grantee and with f :. . Grantee's ucaessors and assigns that Grantor is lawfully seized of said premisest tPtat tYiey are free frc m encumbranco, except as listed below: S., a.t t a... sawew e nver *ho Ti'aQteYl V Ci oan Fasat [161 and L-- L VL111YJ oYavmv r r. w .f ___" _ __ " _ ' • over the 3outherly 'wenty-Eiqht Feet (28) of said lot as shown in Quit Claim Deed recorded in Box 140, Page 364. i Also that Grantor has good riqht and lawful authority to i convey the sa mes and that Grantor warrants and will defend the I Grand Island Council Session - 9/26/2017 Page 68 / 213 t.. . ., , 1..r. Y4 Q t RE•RECt RDEQ 1 a t i n:'1fen.,i title to r aid aremises againat the l wful olaims of ali ersorna whom8oever. DATED ttiie . dely Af llety, ].994. s.---- - -- , 3ANDR1 !!AR E HUTTERF LD, 4 arantor DIE J. UTTERFiELD Grantor L SPiY I9l RIE HUTTERFI and CANDICE JEAIT B ITTERFY BY E.- Sancira Marfe ButterPield, Guardian 1 STPiT OF NSBRASRA ) SS e;-` COtJNT'Y OF EALL r: .. The foregoing instrument was acknowledged before me on this u- rd y of"_\"Y1a s _, 1994! D y Sandra Marie Hutterfield, Jodie J. Butterfiel8, L`yn lsay l arie Hutterfield siqried by sandra Marie Butt+erfield as Guar dian and Candice Jean Buttarfield signed by S na3ra Marie Butterf3eld as Gusx'di i. T`` f?: a,l 1•' S+' Ir 71 / !n ' t 1 R 1 n ary Publia STATF OF NEHRJ SIiA ) ss COUNTY OF H1iLL r, Fil d for recara and entesed in Numerical Index on at a cic k _.a., and recorded in Deed Record Paqe r; v.,.• a. BY: County or Deputy County Clerk Register of Deeds cr 1,-Deputy Register of Deeds x„ q Frt Jt lrp n A c, cn p ' s:< . Z rn vDi '•. . _: : i enC S" 2 }S r: :' r•i D Ri /! N 1 1-s_ -G , i P C d.; :° t 1 '"x s_':: .f 7 t h-' n . r. r M.:: Z t ', O c°+ 1 , l b 6 I t TS~` 1_ ' A ._ .. N ? - tc..: .'. r•.:;_ IA 17:; ';. : 1 i v o t''?y'=' cnG.e,rY` is..'i',.. A F`':'.,i7'sy;i' I V'FJ.T:I p,+/.?\• I . I , Grand Island Council Session - 9/26/2017 Page 69 / 213 Space Above This Line For Recording Data) DEED OF TRUST 511700 -26- 502895 70 C M N QMNN N Co --j An C: )> Z N T St Z w p rM f— Space Above This Line For Recording Data) DEED OF TRUST 511700 -26- 502895 F7X IF BOX IS CHECKED, THIS DEED OF TRUST IS OPEN -END AND SECURES FUTURE ADVANCES. mss. v THIS DEED OF TRUST is made this 6TH day of JUNE , 20 01 1 among the Grantor, SANDRA M AND JODIE J BUTTERFIELD, HUSBAND AND WIFE, LINDSEY MARIE BUTTERFIELD, A SINGLE PERSON, CANDICE JEAN BUTTERFIELD, A SINGLE PERSON, AS JOINT TENANTS herein "Borrower "), AMER I CAN P I ONEER T I TLE I NSURANCE COMPANY herein "Trustee ") and the Beneficiary, BENEFICIAL NEBRASKA I NC . D / B / A BENEFICIAL MORTGAGE Co. a corporation organized and existing under the law of NEBRASKA whose address is2504STPATRICK, STE 7, GRAND ISLAND, NE 68803 lici eiu L,eii(ler ). The following paragraph preceded by a checked box is applicable. q WHEREAS, Borrower is indebted to Lender in the principal sum of $ evi enced by Borrower's Loan Agreement dated and any extensions or renewals thereofincludingthosepursuanttoanyRenegotiableRateAgreementherein "Note" , providing for monthly installments ofprincipalandinterest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on fl WHEREAS, Borrower is indebted to Lender in the principal sum of $ 20, 000.00 , or so much thereofasmaybeadvancedpursuanttoBorrower's Revolving LoanAgreement dated JUNE 6, 2001 andextensionsandrenewalsthereof (herein "Note ") providing for monthly installments, and interest at the rate and under the terms specified in the Note,including any adjustments in the interest rate if that rate is variable,and providing for acreditlimitstatedintheprincipalsumaboveandaninitialadvanceof $20, 500.00 TO SECURE to Lender the repayment of the indebtedness, including future advances, evidenced by the Note, with interest thereon at the applicable contract rate (including any adjustments to the amount of payment or thecontractrateifthatrateisvariable) and other charges; the payment of all other sums, with interest thereon, advance inaccordanceherewithtoprotectthesecurityofthisDeedofTrust; and the performance of the convenants and agreements of Borrower herein contained, Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust with power of sale, the following described propertylocatedintheCountyofHALLStateofNebraska: THE SOUTH 165 FEET OF LOT 33 IN GEER SUBDIVISION, NOW AN ADDITION TO GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPT THAT PART DEEDED TO BURLINGTON NORTHERN RAIL ROAD COMPANY IN INSTRUMENT #94- 105210 AND INSTRUMENT #94- 105619, REGISTER OF DEEDS, HALL COUNTY, NEBRASKA. F -+ Co --j p C: )> Z N rn Z f1 p rM n o, F--+ O p'°t cu M rA 00 CII_ j cc Un y W D. F-" C W N Nacnco a ZO Page 1 of 5) F7X IF BOX IS CHECKED, THIS DEED OF TRUST IS OPEN -END AND SECURES FUTURE ADVANCES. mss. v THIS DEED OF TRUST is made this 6TH day of JUNE , 20 01 1 among the Grantor, SANDRA M AND JODIE J BUTTERFIELD, HUSBAND AND WIFE, LINDSEY MARIE BUTTERFIELD, A SINGLE PERSON, CANDICE JEAN BUTTERFIELD, A SINGLE PERSON, AS JOINT TENANTS herein "Borrower "), AMER I CAN P I ONEER T I TLE I NSURANCE COMPANY herein "Trustee ") and the Beneficiary, BENEFICIAL NEBRASKA I NC . D / B / A BENEFICIAL MORTGAGE Co. a corporation organized and existing under the law of NEBRASKA whose address is2504STPATRICK, STE 7, GRAND ISLAND, NE 68803 lici eiu L,eii(ler ). The following paragraph preceded by a checked box is applicable. q WHEREAS, Borrower is indebted to Lender in the principal sum of $ evi enced by Borrower's Loan Agreement dated and any extensions or renewals thereofincludingthosepursuanttoanyRenegotiableRateAgreementherein "Note" , providing for monthly installments ofprincipalandinterest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on fl WHEREAS, Borrower is indebted to Lender in the principal sum of $ 20, 000.00 , or so much thereofasmaybeadvancedpursuanttoBorrower's Revolving LoanAgreement dated JUNE 6, 2001 andextensionsandrenewalsthereof (herein "Note ") providing for monthly installments, and interest at the rate and under the terms specified in the Note,including any adjustments in the interest rate if that rate is variable,and providing for acreditlimitstatedintheprincipalsumaboveandaninitialadvanceof $20, 500.00 TO SECURE to Lender the repayment of the indebtedness, including future advances, evidenced by the Note, with interest thereon at the applicable contract rate (including any adjustments to the amount of payment or thecontractrateifthatrateisvariable) and other charges; the payment of all other sums, with interest thereon, advance inaccordanceherewithtoprotectthesecurityofthisDeedofTrust; and the performance of the convenants and agreements of Borrower herein contained, Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust with power of sale, the following described propertylocatedintheCountyofHALLStateofNebraska: THE SOUTH 165 FEET OF LOT 33 IN GEER SUBDIVISION, NOW AN ADDITION TO GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPT THAT PART DEEDED TO BURLINGTON NORTHERN RAIL ROAD COMPANY IN INSTRUMENT #94- 105210 AND INSTRUMENT #94- 105619, REGISTER OF DEEDS, HALL COUNTY, NEBRASKA. Grand Island Council Session - 9/26/2017 Page 70 / 213 200105512 (Page 2 -of 5) TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply suchrents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of theforegoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafterreferredtoasthe "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and conveytheProperty, and that the Property is unencumbered except for encumbrances of record. Borrower covenants thatBorrowerwarrantsandwilldefendgenerallythetitletothePropertyagainstallclaimsanddemands, subject toencumbrancesofrecord. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interestindebtednessevidencedbytheNote, including any variations resulting from changes in the contract rate, and otherchargesasprovidedintheNote. 2. Funds for Taxes and Insurance. Subject to applicable law or written waiver by Lender, Borrower shall pay toLenderonthedaymonthlypaymentsofprincipalandinterestarepayableundertheNote, until the Note is paid in full, a sum (herein "Funds ") equal to one-twelfth of the yearly taxes and assessments (including condominium and plannedunitdevelopmentassessments, if any) which may attain priority over this Deed of Trust, and ground rents on theProperty, if any, plus one-twelfth of the yearly premium installments for hazard insurance, plus one-twelfth of yearlypremiuminstallmentsformortgageinsurance, if any, all as reasonably estimated initially and from time to time byLenderonthebasisofassessmentsandbillsandreasonableestimatesthereof. Borrower shall not be obligated to makesuchpaymentsofFundstoLendertotheextentthatBorrowermakessuchpaymentstotheholderofapriormortgageordeedoftrustifsuchholderisaninstitutionallender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which areinsuredorguaranteedbyaFederalorstateagency (including Lender if Lender is such an institution). Lender shall applytheFundstopaysaidtaxes, assessments, insurance premiums and ground rents. Lender may not charge for so holdingandapplyingtheFunds, analyzing said account or verifying and compiling said assessments and bills, unless Lender paysBorrowerinterestontheFundsandapplicablelawpermitsLendertomakesuchacharge. Borrower and Lender mayagreeinwritingatthetimeofexecutionofthisDeedofTrustthatinterestontheFundsshallbepaidtoBorrower, andunlesssuchagreementismadeorapplicablelawrequiressuchinteresttobepaid, Lender shall not be required to payBorroweranyinterestorearningsontheFunds. Lender shall give to Borrower, without charge, an annual accounting oftheFundsshowingcreditsanddebitstotheFundsandthepurposeforwhicheachdebittotheFundswasmade. TheFundsarepledgedasadditionalsecurityforthesumssecuredbythisDeedofTrust. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior totheduedatesoftaxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay saidtaxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of theFundsheldbyLendershallnotbesufficienttopaytaxes, assessments, insurance premiums and ground rents as they falldue, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lendermayrequire. Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any fundsheldbyLender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any FundsheldbyLenderatthetimeofapplicationasacreditagainstthesumssecuredbythisDeedofTrust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under theNoteandparagraphs1and2hereofshallbeappliedbyLenderfirstinpaymentofamountspayabletoLenderbyBorrowerunderparagraph2hereof, then to interest payable on the Note at the applicable contract rate, and then to theprincipaloftheNote. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligationsunderanymortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over thisDeedofTrust, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Propertyinsuredagainstlossbyfire, hazards included within the term "extended coverage," and such other hazards as LendermayrequireandinsuchamountsandforsuchperiodsasLendermayrequire. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in aformacceptabletoLenderandshallincludeastandardmortgageclauseinfavorofandinaformacceptabletoLender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trustorothersecurityagreementwithalienwhichhaspriorityoverthisDeedofTrust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proofoflossifnotmadepromptlybyBorrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair ofthePropertydamaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If therestorationorrepairisnoteconomicallyfeasibleorLender's security would be lessened, the insurance proceeds shall beappliedtothesumssecuredbythisSecurityInstrument, whether or not then due, with any excess paid to Borrower. IfBorrowerabandonstheProperty, or does not answer within 30 days a notice from Lender that the insurance carrier hasofferedtosettleaclaim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair orrestorethePropertyortopaysumssecuredbythisSecurityInstrument, whether or not then due. The 30 -day period willbeginwhenthenoticeisgiven. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the datenoticeismailedbyLendertoBorrowerthattheinsurancecarrierofferstosettleaclaimforinsurancebenefits, LenderisauthorizedtocollectandapplytheinsuranceproceedsatLender's option either to restoration or repair of thePropertyortothesumssecuredbythisDeedofTrust. 01 -01 -00 DOT 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 NE007942 BOB901E23F94DOT8000NE00794200*BUTTERFIELD x ORIGINAL Grand Island Council Session - 9/26/2017 Page 71 / 213 200105512 ( Page 3 of 5) Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured bythisSecurityInstrumentimmediatelypriortotheacquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration ofthePropertyandshallcomplywiththeprovisionsofanyleaseifthisDeedofTrustisonaleasehold. If this Deed ofTrustisonaunitinacondominiumoraplannedunitdevelopment, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, theby-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, includingreasonableattorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required tomaintainsuchinsuranceineffectuntilsuchtimeastherequirementforsuchinsuranceterminatesinaccordancewith Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to thisparagraph7, with interest thereon, at the applicable contract rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shallrequireLendertoincuranyexpenseortakeanyactionhereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor relatedtoLender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are herebyassignedandshallbepaidtoLender, subject to the terms of any mortgage, deed of trust or other security agreementwithalienwhichhaspriorityoverthisDeedofTrust. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower and all other parties who are or hereafter become secondarily liable shall not operate to release, in anymanner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded byapplicablelaw, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreementshereincontainedshallbind, and the rights hereunder shall inure to, the respective successors and assigns of Lender andBorrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint andseveral. Any Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed ofTrustonlytograntandconveythatBorrower's interest in the Property to Lender under the terms of this Deed of Trust, b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrowerhereundermayagreetoextend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this DeedofTrustastothatBorrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice toBorrowerprovidedforinthisDeedofTrustshallbegivenbydeliveringitorbymailingsuchnoticebycertifiedmailaddressedtoBorroweratthePropertyAddressoratsuchotheraddressasBorrowermaydesignatebynoticetoLenderasprovidedherein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in thisDeedofTrustshallbedeemedtohavebeengiventoBorrowerorLenderwhengiveninthemannerdesignatedherein. 13. Governing Law; Severability. The state and local laws of the jurisdiction in which the Property is located shall apply except where such laws conflict with Federal law; in which case, Federal law shall apply. In the event that anyprovisionorclauseofthisDeedofTrustortheNoteconflictswithapplicablelaw, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this endtheprovisionsofthisDeedofTrustandtheNotearedeclaredtobeseverable. As used herein, "costs," "expenses," and attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust, if requested, at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any homerehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, atLender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrowerbecomeanowneroftheproperty, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an 01 -01 -00 DOT NE007943 111111111111111111 1111111 IN1111111111111111111111111111111111111111111 Grand Island Council Session - 9/26/2017 Page 72 / 213 200105512 (Page 4 of 5) owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary andwhichdoesnotrelatetoatransferofrightsofoccupancyintheproperty, or (i) any other transfer or dispositiondescribedinregulationsprescribedbytheFederalHomeLoanBankBoard, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Deed of Trust unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Deed of Trusttobeimmediatelydueandpayable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, includingBorrower's failure to pay, by the end of ten (10) calendar days after the date they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring court action to assert the nonexistence of a default or anyotherdefenseofBorrowertoaccelerationandsale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any otherremediespermittedbyapplicablelaw. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this paragraph 17 to the extent permitted by applicable law. If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's fees and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed ofTrust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees to the extent permitted by applicable law; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shallremaininfullforceandeffectasifnoaccelerationhadoccurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become dueandpayable. Upon acceleration under paragraphy 17 hereof or abandonment of the Property, Lender, in person, by agent or byjudiciallyappointedreceiver, shall be entitled to enter upon, take possession of and manage the Property and to collecttherentsofthePropertyincludingthosepastdue. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Deed of Trust, and, if this Deed of Trust secures a RevolvingLoanAgreement, Borrower requests Lender to release this Deed of Trust, Lender shall cause this Deed of Trust to be released without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to anyTrusteeappointedhereunderbyaninstrumentrecordedinthecountyinwhichthisDeedofTrustisrecorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon theTrusteehereinandbyapplicablelaw. 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent toBorrower's address which is the Property Address. 01 -01 -00 DOT NE007944 1111111 IIII111111 IIII IINI IIIII 111111 IIII IIIN III NII IIIN Ilull 111111 NCI III IIIII IINI III 1111111 IIII IIII IIIII NIII III IIIII hN lII INI Grand Island Council Session - 9/26/2017 Page 73 / 213 200105512 Page 5 of 5) REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of any default under the superior encumbrance of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Deed of T fMi (SEAL) Borrower SEAL) Borrower STATE OF r`),S ) COUNTY OF ) SS. On this day of 3u`~ 2" , 2001 , before me personallyappearedS °t 1 dr el M 9 h Z G d c 2 3 IR .+tJz r- Z, e 1 d to me kn wn to be the person(s) described in and who executed the foregoing instrument, and acknowledged that executed the same as a-h, free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the OLd -1 41andStateaforesaid, the day and year first above written. My term expires: soffit NODAY40 a aeon TMM OREIER Notary Publicimyftftfv• wo 1S, REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness. secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Date: Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 01 -01-00 DOT NE007945 Grand Island Council Session - 9/26/2017 Page 74 / 213 0 CONSTRUCTION LIEN The real estate subject to this lien is: 523 E 19 Street, Grand Island, NE 68801, more particularly described as follows: The South One - Hundred Sixty -Five (165) feet of Lot 33 in Geer Subdivision, now an addition to Grand Island, Hall County, Nebraska. Except that part deeded to Burlington Northern Rail Road Company, in Instrument #94- 105210 and Instrument #94- 105619, Register of Deeds, Hall County, Nebraska. The persons against whose interest in the real estate the lien is claimed are: Sandra Butterfield, Lyndsay Butterfield, and Candice Butterfield. The name and address of the claimant is: I0 The City of Grand Island, 100 East 1st Street, PO Box 1968, Grand Island, NE 68802 -1968. n Complete demolition of the fire damaged structure was performed by the claimant to abate the public nuisance conditions on the property and improve the real estate. The last day on which work was performed was April 2, 2014. The amount unpaid and due to the claimant for the services is Ten Thousand Four Hundred and No /100 Dollars ($10,400.00). Journal Entry entered by the District Court of Hall County, Nebraska on April 28, 2014 at Case No. CI13 -774 awards Ten Thousand Four Hundred and No /100 Dollars ($10,400.00) for services. Grand Island Council Session - 9/26/2017 Page 75 / 213 STATE OF NEBRASKA ss: COUNTY OF HALL On this •-9 day of September, 2014, before me a Notary Public in and for said County, personally came Jay Vavricek, Mayor of the City of Grand Island, Nebraska, a Municipal Corporation, to me personally known to be the identical person who executed the above lien and acknowledged the execution of said instrument to be his voluntary act and deed. Witness my hand and notary seal at Grand Island, Nebraska, in said County, the day and year last above written. XIBIBIAL NOTARr • Slateof *brash RN4AE EDWARDS MyCorsa 6q. Dec. 29, 2014 My commission expires: CITY OF GRAND ISALND, NEBRASKA, A Municipal Corporation and Claimant y V . vricek, Mayor 00 E. t First Street PO Bo 1968 Grand Island, NE 68802 -1968 308)385 -5444 201405708 Grand Island Council Session - 9/26/2017 Page 76 / 213 Case Summary In the District Court of Hall County The Case ID is CI 13 0000774 City of Grand Island v. Butterfield The Honorable Teresa K Luther, presiding. Classification: Miscellaneous Civil Filed on 08/20/2013 This case is Closed as of 04/28/2014 It was disposed as Uncontested Default Parties/Attorneys to the Case Party Attorney Plaintiff ACTIVE City of Grand Island Nebraska Stacy R Nonhof % Stacy Nonhof, Attorney 100 East First PO Box 1968 P O Box 1968 Grand Island NE 68802 Grand Island NE 68802 308-385-5420 Defendant ACTIVE Sandra Butterfield 1912 N Illinois Grand Island NE 68801 Defendant ACTIVE Lyndsay Butterfield 1912 N Illinois Grand Island NE 68801 Defendant ACTIVE Candice Butterfield 1912 N Illinois Grand Island NE 68801 Defendant ACTIVE American Pioneer Title Ins Co % Records Processing Services 577 Lamont Road Elmhurst IL 60126 Defendant ACTIVE Beneficial Finance Company Attn: Legal Department PO Box 4153K Carol Stream IL 60197 Defendant ACTIVE South 165 ft of Lot 33 in Geer subd a/k/a 523 East 19th Street Grand Island NE 68801 South 165 ft of Lot 33 in Geer subd owes $10,400.00 Judgment Information On 04/28/2014 judgment of Judgment (General) was entered for $10,400.00 Balance due is $10,400.00 The judgment creditor is City of Grand Island Nebraska The judgment debtor is South 165 ft of Lot 33 in Geer subd Court Costs Information All State Agencies | All State Services | Select Language▼ Nebraska Judicial Branch Page 1 of 6Nebraska Judicial Branch - Case Search 3/28/2017https://www.nebraska.gov/justice/case.cgi Grand Island Council Session - 9/26/2017 Page 77 / 213 Incurred By Account Date Amount Plaintiff Petition 08/20/2013 $35.00 Plaintiff Filing Fee - State 08/20/2013 $5.00 Plaintiff Automation Fee 08/20/2013 $8.00 Plaintiff NSC Education Fee 08/20/2013 $1.00 Plaintiff Dispute Resolution Fee 08/20/2013 $0.75 Plaintiff Indigent Defense Fee 08/20/2013 $3.00 Plaintiff Uniform Data Analysis Fee 08/20/2013 $1.00 Plaintiff J.R.F. 08/20/2013 $6.00 Plaintiff Filing Fee-JRF 08/20/2013 $2.00 Plaintiff Legal Aid/Services Fund 08/20/2013 $5.25 Plaintiff Complete Record 08/20/2013 $15.00 Plaintiff Service Fees 09/03/2013 $6.31 Plaintiff Service Fees 09/03/2013 $6.31 Plaintiff Service Fees 09/03/2013 $6.31 Plaintiff Service Fees 09/03/2013 $6.31 Financial Activity No trust money is held by the court No fee money is held by the court Payments Made to the Court Receipt Type Date For Amount 9061137 Non-Monetary Rec 09/04/2013 City of Grand Island N $6.31 Service Fees $6.31 9061138 Non-Monetary Rec 09/04/2013 City of Grand Island N $6.31 Service Fees $6.31 9061139 Non-Monetary Rec 09/04/2013 City of Grand Island N $6.31 Service Fees $6.31 9061140 Non-Monetary Rec 09/04/2013 City of Grand Island N $6.31 Service Fees $6.31 226235 Cash 08/20/2013 City of Grand Island N $82.00 Petition $35.00 Filing Fee - State $5.00 Page 2 of 6Nebraska Judicial Branch - Case Search 3/28/2017https://www.nebraska.gov/justice/case.cgi Grand Island Council Session - 9/26/2017 Page 78 / 213 Receipt Type Date For Amount Automation Fee $8.00 NSC Education Fee $1.00 Dispute Resolution Fee $.75 Indigent Defense Fee $3.00 Uniform Data Analysis $1.00 J.R.F. $6.00 Filing Fee-JRF $2.00 Legal Aid/Services Fun $5.25 Complete Record $15.00 Register of Actions 05/13/2014 Mail Returned by Post Office This action initiated by party Candice Butterfield Image ID 000322063D08 05/05/2014 Mail Returned by Post Office This action initiated by party Lyndsay Butterfield Image ID 000321982D08 05/05/2014 Mail Returned by Post Office This action initiated by party Sandra Butterfield Image ID 000322008D08 04/28/2014 Judges Notes 11-7-13 to 4-28-14 Image ID 000323483D08 04/28/2014 Notice Issued on Stacy Nonhof The document number is 00053699 Notice of Judgment E-MAILED snonhof@grand-island.com Image ID D00053699D08 04/28/2014 Notice Issued on Beneficial Finance Company The document number is 00053698 Notice of Judgment Image ID D00053698D08 04/28/2014 Notice Issued on Candice Butterfield The document number is 00053697 Notice of Judgment Image ID D00053697D08 04/28/2014 Notice Issued on Lyndsay Butterfield The document number is 00053696 Notice of Judgment Image ID D00053696D08 04/28/2014 Notice Issued on Sandra Butterfield The document number is 00053695 Page 3 of 6Nebraska Judicial Branch - Case Search 3/28/2017https://www.nebraska.gov/justice/case.cgi Grand Island Council Session - 9/26/2017 Page 79 / 213 Notice of Judgment Image ID D00053695D08 04/28/2014 Journal Entry This action initiated by Teresa K Luther Costs assessed Image ID 000323482D08 04/15/2014 Affidavit This action initiated by party City of Grand Island Nebraska Image ID 000321838D08 04/15/2014 Motion Filed This action initiated by party City of Grand Island Nebraska for Judgment for Costs of Abatement w/nhrg 4/28/14 @ 11; cert serv Image ID 000321835D08 11/26/2013 Mail Returned by Post Office Image ID 000310093D08 11/13/2013 Judges Notes 11-7-13 TO 11-13-13 Image ID 000309920D08 11/13/2013 Notice Issued on Stacy Nonhof The document number is 00051111 Notice of Judgment E-MAILED snonhof@grand-island.com Image ID D00051111D08 11/13/2013 Notice Issued on Beneficial Finance Company The document number is 00051110 Notice of Judgment Image ID D00051110D08 11/13/2013 Notice Issued on American Pioneer Title Ins Co The document number is 00051109 Notice of Judgment Image ID D00051109D08 11/13/2013 Notice Issued on Candice Butterfield The document number is 00051108 Notice of Judgment Image ID D00051108D08 11/13/2013 Notice Issued on Lyndsay Butterfield The document number is 00051107 Notice of Judgment Image ID D00051107D08 11/13/2013 Notice Issued on Sandra Butterfield The document number is 00051106 Notice of Judgment Image ID D00051106D08 11/13/2013 Journal Entry This action initiated by Teresa K Luther Image ID 000309469D08 11/06/2013 Notice-Hearing This action initiated by party City of Grand Island Nebraska 11/13/13 @ 9 Page 4 of 6Nebraska Judicial Branch - Case Search 3/28/2017https://www.nebraska.gov/justice/case.cgi Grand Island Council Session - 9/26/2017 Page 80 / 213 Image ID 000297804D08 11/06/2013 Affidavit-Support of Motion This action initiated by party City of Grand Island Nebraska cert serv Image ID 000297803D08 11/06/2013 Motion-Summary Judgment This action initiated by party City of Grand Island Nebraska cert serv Image ID 000297802D08 10/30/2013 Notice-Hearing This action initiated by party City of Grand Island Nebraska Hearing 11-7-13 @ 10:00 am;cert serv Image ID 000308304D08 09/03/2013 Return Summons/Alias Summons The document number is 00049445 Served 08/22/2013, Certified Mail Image ID 000303237D08 09/03/2013 Return Summons/Alias Summons The document number is 00049443 Served 08/22/2013, Certified Mail Image ID 000303234D08 09/03/2013 Return Summons/Alias Summons The document number is 00049442 Served 08/22/2013, Certified Mail Image ID 000303231D08 09/03/2013 Return Summons/Alias Summons The document number is 00049441 Served 08/22/2013, Certified Mail Image ID 000303240D08 08/20/2013 Summons Issued on Beneficial Finance Company The document number is 00049445 E-MAILED: snonhof@grand-island.com Image ID D00049445D08 08/20/2013 Summons Issued on American Pioneer Title Ins Co The document number is 00049444 E-MAILED: snonhof@grand-island.com Image ID D00049444D08 08/20/2013 Summons Issued on Candice Butterfield The document number is 00049443 E-MAILED: snonhof@grand-island.com Image ID D00049443D08 08/20/2013 Summons Issued on Lyndsay Butterfield The document number is 00049442 E-MAILED: snonhof@grand-island.com Image ID D00049442D08 08/20/2013 Summons Issued on Sandra Butterfield The document number is 00049441 E-MAILED: snonhof@grand-island.com Image ID D00049441D08 Page 5 of 6Nebraska Judicial Branch - Case Search 3/28/2017https://www.nebraska.gov/justice/case.cgi Grand Island Council Session - 9/26/2017 Page 81 / 213 08/20/2013 Complaint-Praecipe This action initiated by party City of Grand Island Nebraska Image ID 000301883D08 Judges Notes 11/07/2013 11-07-2013 PT cont 11/13/2013 11-13-2013 Hrg on SJ. Nonhof for Plaintiff; Defendants not present. Evid adduced. Mot for SJ sustained. 04/28/2014 04-28-2014 jp Hrg on assessment of costs. Nonhof for City costs assessed Page 6 of 6Nebraska Judicial Branch - Case Search 3/28/2017https://www.nebraska.gov/justice/case.cgi Grand Island Council Session - 9/26/2017 Page 82 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item F-1 #9653 - Consideration of Amending Chapter 36 of the Grand Island City Code to Include an R-3-SL Medium Density Residential Small Lot Zoning District This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 83 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney ORDINANCE NO. 9653 An ordinance to amend Chapter 36, Article V of the Grand Island City Code specifically, to add Section 36-64.1 creating a new zoning district classification of Medium Density Small Lot Zoning District; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 36, Article V of the Grand Island City Code is hereby amended by adding the following: §36-64.1 (R-3SL) Medium Density-Small Lot Residential Zone Intent: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. Specifically this zoned is intended to provide market flexibility regarding lot size and housing configuration. (A) Permitted Principal Uses: The following principal uses are permitted in the (R-3SL) Medium Density Small Lot Residential Zoning District. (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories and other related living structures when located on the same site as the college. (6) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature. (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (10) Off street parking lots for residents and guests (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-3SL) Medium Density Small Lot Residential Zoning District as approved by City Council. (1) Nonprofit community buildings and social welfare establishments other than those providing living accommodations (2) Driveways, parking lots, or buildings when directly associated with or accessory to a permitted principal use in an adjacent zone. (3) Preschools, nursery schools, day care centers, children's homes, and similar facilities (4) Towers (5) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (6) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto] Grand Island Council Session - 9/26/2017 Page 84 / 213 ORDINANCE NO. 9653 (Cont.) (C) Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Area per Dwelling Unit Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage MaximumBuilding Height (feet) Permitted Uses 3,000 3,000 35 20*15 5 10 50%35 Conditional Uses 3,000 3,000 35 20*15 5 10 50%35 Attached Single Family Dwelling Units 3000 3000 24 20*15 10 10 50%35 (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. (3) Front yard setback may be reduced to 10 foot if paved access easements and parking (garage counts as parking) is provide at the back of each lot. (4) Sideyard setback for attached single family dwellings shall be reduced to 0 feet on all lots with contiguous attached units SECTION 2. Any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: September 26, 2017 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk 2 Grand Island Council Session - 9/26/2017 Page 85 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item F-2 #9654 - Consideration of Request to Rezone Part of Lot 1 and all of Lot 2 of Proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive and West of Shady Bend Road from LLR Large Lot Residential to B-2 General Business (Niedfelt Property Management, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 86 / 213 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9654 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprised of Part of Lot One (1) and all of Lot Two (2) of Meadow Lane Seventh Subdivision in Hall County, Nebraska, from LLR Large Lot Residential to B2 General Business Zone; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 6, 2017, held a public hearing on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on September 26, 2017, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from LLR Large Lot Residential Zone to B2 General Business Zone: Lot 1 except the northerly 124.44 feet of the easterly 27.36 feet of said Lot 1 and all of Lot 2 of Meadow Lane Seventh Subdivision in Hall County, Nebraska along with one half (½) of the adjoining street right of way SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 9/26/2017 Page 87 / 213 ORDINANCE NO. 9654 (Cont.) - 2 - SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 26, 2017 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 88 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-1 Approving Minutes of September 12, 2107 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/26/2017 Page 89 / 213 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 12, 2017 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 12, 2017. Notice of the meeting was given in The Grand Island Independent on September 6, 2017. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Jimenez, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Cindy Moran and board member Maria Lopez. INVOCATION was given by Pastor Josh Sikes, Third City Christian Church, 4100 West 13th Street followed by the PLEDGE OF ALLEGIANCE. BOARD OF EQUALIZATION: Motion by Minton, second by Nickerson to adjourn to the Board of Equalization. Motion adopted. #2017-BE-5 - Consideration of Determining Benefits for Downtown Business Improvement District 2013. Finance Director Renae Jimenez reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Downtown BID 2013. Special assessments were for the amount of $100,392.80 (70%) or $100,776.92 (100%). Presented were two Resolutions with the 70% and 100% assessment for owner occupied residents. Staff recommended approval of the 70% assessments. Motion by Paulick, second by Donaldson to approve Resolution #2017-BE-5 (A). Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Fitzke to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Steadfast Builders, LLC for a Conditional Use Permit to Allow for Parking a Food Trailer on the South Side of the Building located at 1504 North Eddy Street. Building Department Director Craig Lewis reported that a request had been made for approval to continue to place a mobile food trailer on the south side of the building located at 1504 North Eddy Street for four years. Staff recommended approval for one year. No public testimony was heard. Grand Island Council Session - 9/26/2017 Page 90 / 213 Page 2, City Council Regular Meeting, September 12, 2017 Public Hearing on Acquisition of Utility Easement - across from 2825 N. Engleman Road (Jack Voss). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2825 N. Engleman Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would provide for the Utilities Department to extend, operate and maintain an underground power line and a pad- mounted transformer for the existing property and a future development. Staff recommended approval. No public testimony was heard. Public Hearing on General Property, Downtown Improvement Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2017-2018. Finance Director Renae Griffiths reported that state statutes required the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for FY 2017-2018 general property tax was $11,224,018, Parking District No. 2 at $8,000, and the Community Redevelopment Authority property tax at $670,241. Staff recommended approval. No public testimony was heard. Public Hearing on Establishing Rates for the General Property Occupation Tax for Downtown Parking District No. 1 for FY 2017-2018. Finance Director Renae Griffiths reported this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2017-2018 occupation tax factor was $.1702 per square foot and would provide taxes of $41,990.40. Staff recommended approval. No public testimony was heard. Public Hearing on Proposed Fiscal Year 2017-2018 City of Grand Island and Community Redevelopment Authority (CRA) Budgets. Finance Director Renae Griffiths reviewed changes to the FY2017-2018 Budget. Total of all funds was $219,379,933. Staff recommended approval. No public testimony was heard. RESOLUTIONS: #2017-247 - Consideration of Directing Property Owner to Install Sidewalk at 4194 Norseman Avenue (Federal Home Loan Mortgage Corp.). Public Works Director John Collins reported that a complaint had been received concerning a missing sidewalk on the west side of 4194 Norseman Avenue. The Public Works Department was requesting a resolution be passed giving the property owner 15 days to obtain the sidewalk permit and 15 days from issuance of such permit to complete the installation of the sidewalk. Motion by Steele, second by Minton to approve Resolution #2017-247. Discussion was held regarding sidewalk policy, cub and gutters in this area. Mr. Collins stated the subdivision agreement required sidewalks. Comments were made by Council that a sidewalk was needed all along Norseman Avenue. Motion by Paulick, second by Haase to postpone this item until the section meeting in October (October 24, 2017). Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/26/2017 Page 91 / 213 Page 3, City Council Regular Meeting, September 12, 2017 #2017-248 - Consideration of Directing Property Owner to Remove Trees from Public Right-of- Way Adjacent to 1805 West 10th Street (Anne Bohan). Public Works Director John Collins reported that through the Citizen Request system, Code Enforcement received notice of small trees that had been planted in the public right-of-way at the southwest corner of the 10th Street and Broadwell Avenue intersection causing sight obstruction. A letter was sent to the property owner requesting removal of such trees no later than August 7, 2017. To date no action had been taken to correct this sight obstruction. Staff was recommending removal of the trees. Discussion was held regarding other trees in the right-of-way and the possibility of transplanting these trees instead of cutting them down. Motion by Donaldson, second by Fitzke to approve Resolution #2017-248. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, and Nickerson voted aye. Councilmember Stelk voted no. Motion adopted. #2017-249 - Consideration of Approving Labor Agreement between the City of Grand Island and the International Association of Firefighters, Local No. 647. Human Resources Director Aaron Schmid reported that the current labor agreement would expire as of midnight September 30, 2017. The City and the IAFF met to negotiate the terms of a new agreement. The proposed labor agreement would begin October 1, 2017 and run through September 30, 2019. Mr. Schmid reviewed several changes to the current contract with a wage freeze for the next two years. Staff recommended approval. Motion by Hehnke, second by Minton to approve Resolution #2017-249. Upon roll call vote, all voted aye. Motion adopted. #2017-250 - Consideration of Approving Labor Agreement between the City of Grand Island and Union Local No. 1597, I.B.E.W., AFL-CIO. Human Resources Director Aaron Schmid reported that the current labor agreement would expire as of midnight September 30, 2017. The City and the IBEW met to negotiate the terms of a new agreement. The proposed labor agreement would begin October 1, 2017 and run through September 30, 2020. Mr. Schmid stated the changes proposed were primarily based on comparability studies from the salary array. Reviewed were several changes to the current contract. Staff recommended approval. Motion by Stelk, second by Fitzke to approve Resolution #2017-250. Upon roll call vote, all voted aye. Motion adopted. #2017-251 - Consideration of Approving General Property, Downtown Improvement Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2018. This item was related to the aforementioned Public Hearing. The following people spoke in opposition: Jerry Poels, 3418 o. DeAnn Road Kurt Dockhorn, 2703 W. John Street Jody Roepke, 2521 Commerce Avenue Grand Island Council Session - 9/26/2017 Page 92 / 213 Page 4, City Council Regular Meeting, September 12, 2017 Discussion was held concerning the levy amount. Ms. Jimenez highlighted the cuts made in the budget. Comments were made regarding property tax and the wheel tax. Motion by Minton, second by Paulick to approve Resolution #2017-251. Upon roll call vote, Councilmembers Paulick, Minton, Fitzke, Donaldson, Stelk, and Nickerson voted aye. Councilmembers Steele, Hehnke, and Haase voted no. Motion adopted. #2017-252 - Consideration of Approving 1% Increase to the Restricted Revenues Lid Limit. Finance Director Renae Griffiths reported that in 1998 the Nebraska State Legislature passed LB 989 which put a lid on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were: Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and Municipal Equalization Funds. The additional 1% increase for FY 2017-2018 State of Nebraska budget report would increase the prior year restricted revenues base by $305,101.45. This increase in restricted funds authority was not an increase in budgeted revenues or authorized expenditures. It only provided the ability to increase restricted revenues in order to budget all restricted revenue funding sources each budget year. Motion by Paulick, second by Minton to approve Resolution #2017-252. Upon roll call vote, Councilmembers Paulick, Fitzke, Donaldson, Stelk, and Nickerson voted aye. Councilmembers Steele, Minton, Hehnke, and Haase voted no. Motion failed. #2017-253 – Consideration of Approving FTE’s for FY 2017-2018. Finance Director Renae Jimenez reported that there was a reduction of FTE’s to the General Fund of 10.8 and an increase of 1.2 FTE’s to all other funds. Motion by Paulick to add 2 Police Officer positions died due to a lack of a second. Motion by Donaldson, second by Fitzke to approve Resolution #2017-253. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9649 (A) - Consideration of Assessments for Downtown Business Improvement District 2013 #9650 - Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 #9651 - Consideration of Approving FY 2017-2018 Annual Single City Budget and the Annual Appropriations Bill #9652 - Consideration of Approving Salary Ordinance Grand Island Council Session - 9/26/2017 Page 93 / 213 Page 5, City Council Regular Meeting, September 12, 2017 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. #9649 (A)- Consideration of Assessments for Downtown Business Improvement District 2013 This item was related to the aforementioned Board of Equalization. Motion by Minton, second by Hehnke to approve Ordinance #9649. City Clerk: Ordinance #9649 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 #9649 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9649 is declared to be lawfully adopted upon publication as required by law. #9650 - Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 This item was related to the aforementioned Public Hearing. Motion by Steele, second by Donaldson to approve Ordinance #9650. City Clerk: Ordinance #9650 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 #9650 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9650 is declared to be lawfully adopted upon publication as required by law. #9651 - Consideration of Approving FY 2017-2018 Annual Single City Budget and the Annual Appropriations Bill Grand Island Council Session - 9/26/2017 Page 94 / 213 Page 6, City Council Regular Meeting, September 12, 2017 This item was related to the aforementioned Public Hearing. Comments were made regarding the Annual Appropriations Bill, self-insurance, and the budget process. Motion by Stelk, second by Minton to approve Ordinance #9651. City Clerk: Ordinance #9651 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye. Councilmembers Paulick and Haase voted no. Motion adopted. City Clerk: Ordinance #9651 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye. Councilmembers Paulick and Haase voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9651 is declared to be lawfully adopted upon publication as required by law. #9652 - Consideration of Approving Salary Ordinance Human Resources Director Aaron Schmidt reported that a salary ordinance was presented each year as part of the budget process. Wage changes were for bargaining units according to their respective labor agreements and negotiated wages. Discussion was held regarding the title change and cost of living adjustment. Motion by Donaldson, second by Fitzke to approve Ordinance #9652. City Clerk: Ordinance #9652 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9652 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9652 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Hehnke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 22, 2107 City Council Regular Meeting. Grand Island Council Session - 9/26/2017 Page 95 / 213 Page 7, City Council Regular Meeting, September 12, 2017 Approving Minutes of August 29, 2017 City Council Special Meeting. Approving Re-Appointment of Krae Dutoit to the Community Redevelopment Authority (CRA) Board. Approving Re-Appointments of Jeff Vinson and Tim White to the Citizens Advisory Review Committee. Approving Request for Liquor Manager Designation for Shayla Meister, 411 Sunset Avenue for Smoker Friendly Liquor & Tobacco 18, 710 Diers Avenue. #2017-240 - Approving Renewal of Machinery, Property Peril, Fire and Terrorism Insurance for 2017 – 2018 with Factory Mutual Insurance Company of St. Louis, Missouri in an Amount of $408,542.00. #2017-241 - Approving Change Order #1 for the Utilities Vehicle Garage and Warehouse at 1306 West 3rd Street with Chief Construction Company of Grand Island, Nebraska for an Increase of $21,833.51 and a Revised Contract Amount of $394,446.51. #2017-242 - Approving Acquisition of Utility Easement - across from 2825 N. Engleman Road (Jack Voss). #2017-243 - Approving Certificate of Final Completion for Curb Ramp Project No. 2017-CR-1 with Galvan Construction, Inc. of Grand Island, Nebraska. #2017-244 - Approving Bid Award for Phase 3 & 4 Geospatial Data Collection of Grand Island’s Public Sanitary Sewer System – 2017 with EA Engineering, Sciense & Techonology, Inc. of Lincoln, Nebraska in an Amount of $88,332.00. #2017-245 - Approving Change Order No. 1 (Time Extension to October 1, 2017) for Curb Ramp Project No. 2017-CR-2 with The Diamond Engineering Company of Grand Island, Nebraska. #2017-246 - Approving Change Order No. 1 for Shady Bend Drainage Project No. 2017-D-2 with Van Kirk Bros. Contracting of Sutton, Nebraska for an Increase of $10,750.00 and a Revised Contract Amount of $133,154.00. REQUESTS AND REFERRALS: Consideration of Request from Steadfast Builders, LLC for a Conditional Use Permit to Allow for Parking a Food Trailer on the South Side of the Building located at 1504 North Eddy Street. This item was related to the aforementioned Public Hearing. Keith Espeland, 1710 So. Harrison Street representing Steadfast Builders spoke in support. Grand Island Council Session - 9/26/2017 Page 96 / 213 Page 8, City Council Regular Meeting, September 12, 2017 Motion by Minton, second by Stelk to approve the request. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Hehnke to approve the payment of claims for the period of August 23, 2017 through September 12, 2017 for a total amount of $3,848,772.46. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick abstained. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:02 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/26/2017 Page 97 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-2 Approving Garbage Permits for Heartland Disposal and Mid- Nebraska Disposal, Inc. and Refuse Permits for Full Circle Rolloffs and O’Neill Transportation and Equipment LLC Staff Contact: RaNae Edwards Grand Island Council Session - 9/26/2017 Page 98 / 213 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 26, 2017 Subject:Approving Garbage and Refuse Haulers Permits Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2017/2018: Heartland Disposal, 1839 East 4th Street Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle Rolloffs, 1839 East 4th Street Refuse O’Neill Transportation and Equipment, 7100 West Old Potash Hwy Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the renewal for garbage/refuse permits. 2.Disapprove or deny the renewals. 3.Modify the renewals to meet the wishes of the Council. 4.Table the issue Grand Island Council Session - 9/26/2017 Page 99 / 213 Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2017/2018. Sample Motion Move to approve the renewal for garbage/refuse permits for 2017/2018. Grand Island Council Session - 9/26/2017 Page 100 / 213 Grand Island Council Session - 9/26/2017 Page 101 / 213 Grand Island Council Session - 9/26/2017 Page 102 / 213 Grand Island Council Session - 9/26/2017 Page 103 / 213 Grand Island Council Session - 9/26/2017 Page 104 / 213 Grand Island Council Session - 9/26/2017 Page 105 / 213 Grand Island Council Session - 9/26/2017 Page 106 / 213 Grand Island Council Session - 9/26/2017 Page 107 / 213 Grand Island Council Session - 9/26/2017 Page 108 / 213 Grand Island Council Session - 9/26/2017 Page 109 / 213 Grand Island Council Session - 9/26/2017 Page 110 / 213 Grand Island Council Session - 9/26/2017 Page 111 / 213 Grand Island Council Session - 9/26/2017 Page 112 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-3 #2017-254 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Millennial Estates Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 113 / 213 Council Agenda Memo From:Regional Planning Commission Meeting:September 26, 2017 Subject:Millennial Estates – Preliminary and Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of 13th Street and east of North Road in the City of Grand Island, in Hall County, Nebraska. It consists of 153 lots (preliminary) and 38 lots (final) and 49.8 acres (preliminary) and 15.68 acres (final). Discussion The preliminary and final plat for Millennial Estates Subdivision was considered by the Regional Planning Commission at the September 26, 2017 meeting. From the Regional Planning Commission minutes: Nabity said this subdivision first came forward about 10 years ago by developer Joel Shafer. The Starostka family is now moving forward with the project for single-family lots. Amos Anson spoke in favor of the development. Ruge said he would have liked to see Sagewood Avenue be connected instead of having a T intersection on the north end that will lead to headlights in front windows of houses built there. A motion was made by Robb and seconded by Rainforth to approve the preliminary and final plat for Millennial Estates Subdivision. The motion for the preliminary plat carried with eleven members in favor (Apfel, Allan, O’Neill, Maurer, Robb, Monter, Rainforth, Rubio, Sears, Randone and Kjar) and one member voting no (Ruge) and no one abstaining. The motion for the final plat carried with twelve members in favor (Apfel, Allan, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Sears, Randone and Kjar) and no members voting no or abstaining. Grand Island Council Session - 9/26/2017 Page 114 / 213 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/26/2017 Page 115 / 213 Developer/Owner Starostka Group Unlimited, Inc. 429 Industrial Lane Grand Island, NE 68803 To create 153 lots (preliminary) and 38 lots (final) located north of 13th Street and east of North Road, in the City of Grand Island, in Hall County, Nebraska. Size: 49.8 acres (preliminary) and 15.68 acres (final) Zoning: R-4 High Density Residential Road Access: City Roads. The streets will be 32-feet wide with parking one-side only. Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 9/26/2017 Page 116 / 213 Grand Island Council Session - 9/26/2017 Page 117 / 213 Grand Island Council Session - 9/26/2017 Page 118 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-254 WHEREAS Danny Starostka, president, Starostka Group Unlimited, Inc., a Nebraska corporation and Rick Johnson, sole member, Blender, LLC, a Nebraska limited liability company, being the said owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “MILLENNIAL ESTATES SUBDIVISION”, a subdivision on a tract of land located in part of the East Half of the Southwest Quarter (E1/2 SW1/4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of MILLENNIAL ESTATES 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, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 119 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-4 #2017-255 - Approving Final Plat and Subdivision Agreement for Eberl Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 120 / 213 Council Agenda Memo From:Interjurisdictional Planning Commission Meeting:September 26, 2017 Subject:Eberl Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Fort Kearney Road and east of Beck Road in the two- mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. It consists of two lots and 4.47 acres. Discussion The final plat for Eberl Subdivision was considered by the Interjurisdictional Planning Commission at the September 6, 2017, meeting. A motion was made by Sears and seconded by Rubio to recommend approval of the plat for Eberl Subdivision as presented. Four members present voted in favor of the motion (Riblett, Gamblin, Sears and Rubio). 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 final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/26/2017 Page 121 / 213 Developer/Owner Rick and Michele Eberl 215 Fort Kearney Road Grand Island, NE 68801 To create two lots east of Beck Road and north of Fort Kearney Road, in the two-mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Size: 4.47 acres Zoning: TA Transitional Agriculture Road Access: County roads are available Water Public: City water is not available Sewer Public: City sewer is not available Grand Island Council Session - 9/26/2017 Page 122 / 213 Grand Island Council Session - 9/26/2017 Page 123 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-255 WHEREAS, Rick and Michele Eberl, husband and wife, being the said owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “EBERL SUBDIVISION”, to be laid out into two lots, a tract of land comprising a part of Lot Two (2) in Section Eight (8), Township Twelve (12) North, Range Eight (8) West of the 6th P.M., in the two-mile jurisdiction of the City of Grand Island, Merrick County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of EBERL SUBDIVISION, 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, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 124 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-5 #2017-256 - Approving Final Plat and Subdivision Agreement for Leifeld Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 125 / 213 Council Agenda Memo From:Interjurisdictional Planning Commission Meeting:September 26, 2017 Subject:Leifeld Second Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located west of Worms Road and north of “D” Road, in the two-mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. It consists of two lots and 10.27 acres. Discussion The final plat for Leifeld Second Subdivision was considered by the Interjurisdictional Planning Commission at the September 6, 2017 meeting. A motion was made by Sears and seconded by Gamblin to recommend approval of the plat for Leifeld Second Subdivision as presented. Four members present voted in favor of the motion (Riblett, Gamblin, Sears and Rubio). 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 final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/26/2017 Page 126 / 213 Developer/Owner Clinton Rempe 858 Worms Road Grand Island, NE 68801 To create 2 lots west of Worms Road and north of “D” Road, in the two mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Size: 10.27 acres Zoning: AG-1 Primary Agriculture Road Access: County roads are available Water Public: City water is not available Sewer Public: City sewer is not available Grand Island Council Session - 9/26/2017 Page 127 / 213 Grand Island Council Session - 9/26/2017 Page 128 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-256 WHEREAS, William J. Lammert and Judith E. Lammert, husband and wife, and Clinton Rempe and Andrea Rempe, husband and wife, being the said owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “LEIFLED SECOND SUBDIVISION”, to be laid out into two lots, a tract of land comprising a part of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) in Section Thirty (30), Township Twelve (12) North, Range Eight (8) West of the 6th P.M., in the two-mile jurisdiction of the City of Grand Island, Merrick County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, 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 owners 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 LEIFELD SECOND 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, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 129 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-6 #2017-257 - Approving Final Plat and Subdivision Agreement for Meadow Lane Seventh Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/26/2017 Page 130 / 213 Council Agenda Memo From:Regional Planning Commission Meeting:September 26, 2017 Subject:Meadow Lane 7th Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Highway 34 and west of Shady Bend Road in the two- mile jurisdiction of the City of Grand Island, in Hall County, Nebraska. It consists of 6 lots and 11.68 acres. Discussion The plat for Meadow Lane 7th Subdivision, Final Plat was considered by the Regional Planning Commission at the September 6, 2017 meeting. A motion was made by Ruge and seconded by Apfel to approve the plat as presented. A roll call vote was taken and the motion passed with 11 members present and voting in favor (Apfel, Allan, O’Neill, Ruge, Maurer, Robb, Rainforth, Rubio, Sears, Randone and Kjar) and one member voting no (Monter) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/26/2017 Page 131 / 213 Developer/Owner Niedfelt Property Management LLC PO Box 1445 Grand Island, NE 68802 To create 6 lots located north of Highway 34 and west of Shady Bend Road, in the two- mile zoning jurisdiction of the City of Grand Island, in Hall County, Nebraska. Size: 11.68 acres Zoning: LLR Large Lot Residential and B-2 – General Business (proposed) Road Access: County Roads and State Highway is available. Water Public: City water is not available. Sewer Public: City sewer is not available. Grand Island Council Session - 9/26/2017 Page 132 / 213 Grand Island Council Session - 9/26/2017 Page 133 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-257 WHEREAS Niedfelt Property Management, being the owner of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “MEADOW LANE SEVENTH SUBDIVISION”, a subdivision being all of Lots One (1), Two (2) and Three (3) of Meadow Lane Sixth Subdivision, in the two-mile extraterritorial jurisdiction of the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of MEADOW LANE SEVENTH 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, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 134 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-7 #2017-258 - Approving Bid Award - Water Main District 470T - NE Highway 2 & North Road Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/26/2017 Page 135 / 213 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:September 26, 2017 Subject:Water Main District 470T – Highway 2 and North Road Presenter(s):Tim Luchsinger, Utilities Director Background Water Main District 470T was created to install a 12” diameter City water main along Nebraska Highway 2 from North Road, easterly for approximately one-half mile. The work was identified in the Utility Department’s Master Plan as a needed connection along the northerly side of the system. The district will be constructed as a connection fee district. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Five bids were received and publicly opened at 2:00 p.m. on September 14, 2017. The bids have been reviewed and evaluated. None of the bidders took any exceptions to the contract’s documents. Two of the bids did have minor calculation errors; however, these do not affect the overall ranking of the bids. Tabulated below are the As-Read Bid Price and the Evaluated Bid Price from each of the bidders: Bidder As-Read Bid Price Evaluated Bid Price Van Kirk Brothers Contracting Sutton, NE $142,231.24 $142,285.24 EJM Pipe Services, Inc. Columbus, MN $170,021.00 $170,021.00 The Diamond Engineering Co. Grand Island, NE $174,980.50 $174,980.50 Starostka Group, Unlimited, Inc. Grand Island, NE $218,843.90 $218,963.90 Myers Construction, Inc. Broken Bow, NE $256,613.00 $256,613.00 Grand Island Council Session - 9/26/2017 Page 136 / 213 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award for construction of Water Main District 470T to Van Kirk Brothers Contracting of Sutton, Nebraska in the amount of $142,285.24. Sample Motion Move to the bid award for construction of Water Main District 470T to Van Kirk Brothers Contracting of Sutton, Nebraska in the amount of $142,285.24. Grand Island Council Session - 9/26/2017 Page 137 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 14, 2017 2:00 P.M. FOR:Water Main District 470T Nebraska Highway 2 And North Road DEPARTMENT:Utilities ESTIMATE:$380,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:August 28, 2017 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Diamond Engineering Co.Myers Construction, Inc. Grand Island, NE Broken Bow, NE Bid Security:Universal Surety Co.Inland Insurance Co. Exceptions:None None Bid Price:$174,980.50 $256,613.00 Bidder:Van Kirk Bros. Contracting EJM Pipe Services, Inc. Sutton, NE Columbus, MN Bid Security:Universal Surety Co.Fidelity & Deposit Co. Exceptions:None None Bid Price:$142,231.24 $170,021.00 Bidder:Starostka Group Unlimited, Inc. Grand Island, NE Bid Security:Western Surety Co. Exceptions:None Bid Price:$218,843.90 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin Assist. Grand Island Council Session - 9/26/2017 Page 138 / 213 Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Tom Barnes, Utility Civil Eng, Mgr. P1992 Grand Island Council Session - 9/26/2017 Page 139 / 213 Grand Island Council Session - 9/26/2017 Page 140 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-258 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main District 470T – NE Highway 2 and North Road, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 14, 2017, bids were received, opened and reviewed; and WHEREAS, Van Kirk Brothers Contracting of Sutton, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $142,285.24; and WHEREAS, the bid of Van Kirk Brothers Contracting is less than the estimate for construction of Water Main District 470T. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid from Van Kirk Brothers Contracting, in the amount of $142,285.24, for construction of Water Main District 470T, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 141 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-8 #2017-259 - Approving Acquisition of Property at 523 E 19th Street (Butterfield) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 142 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-259 WHEREAS, the City is interested in acquiring property from Sandra Marie Butterflied, Lyndsay Butterfield and Candice Butterfield of Lincoln, Nebraska, for the Street Division of the Public Works Department; and more particularly described as follows: The South 165 feet of Lot Thirty-Three (33), in Geer Subdivision to the City of Grand Island, Hall County, Nebraska, EXCEPT that portion deeded to Burlington northern Railroad Company by Warranty Deed recorded June 17, 1994 as Instrument No. 94-105210 and re-recorded June 29, 1994 as Instrument No. 94-105619 records of 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 September 26, 2017 by the Grand Island City Council; and WHEREAS, the parties have negotiated a purchase price for the property of $2,800.00, to be paid by the City at closing; and WHEREAS, Nebraska Title Company (“Escrow Agent”), as agents of the seller 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 Sandra Marie Butterfield, Lyndsay Butterfield and Candice Butterfield of Lincoln, Nebraska, for the purchase price of $2,800.00, 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, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 143 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-9 #2017-260 - Approving Purchase and Installation of Belt Filters for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 144 / 213 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:September 26, 2017 Subject:Approving Purchase and Installation of Belt Filters for the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Wastewater Division uses belt filters on rollers as part of the dewatering process in the treatment of sanitary sewer. These filters allow for the material to be compacted into a solid “cake” form and transported to the landfill for disposal. The current belt filters in place are deteriorating and in need of replacement to keep the belt filter press in optimal working condition. Discussion Wastewater staff has obtained quotes for the purchase and installation of new belt filters on the current press, which are shown below. Vendor Belt Filters – Qty 4 Installation Labor Installation Time Total Alfa Laval of Houston, TX $12,100.00 $8,500.00 4 days $20,600.00 National Filter Media (NFM) of Winthrop, ME $11,646.00 $11,179.60 2 days $22,825.60 evoQua of Holland, MI $25,984.00 $8,351.50 3 days $34,335.50 Based on the quotes submitted, which are attached for review, Wastewater staff recommend the purchase and installation be handled through National Filter Media (NFM) of Winthrop, Maine. The decision is due to the epoxy coated belt seam, which helps minimize tearing and extends the overall life of the belt as seam separation is one of the most common causes of failure. Below are pictures of an epoxy coated belt seam compared to a seam not coated in epoxy. Grand Island Council Session - 9/26/2017 Page 145 / 213 NFM filter Competitor’s filter NFM is also providing one (1) supervisor and one (1) craftsman to handle the installation of both the upper and lower belts in a two (2) day timeframe. evoQua and Alfa Laval will provide one (1) field person each for the belt installation and will take three (3) and four (4) days respectively to perform such work. The work being done by NFM will eliminate unnecessary downtime of the belt filter press and will allow for operations to resume in an efficient manner. The total price difference between the lowest bid received from Alfal Laval and NFM (2nd low bid) is $2,225.60, which will be offset by the shortened timeframe of the two (2) days for installation. 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 belt filter purchase and installation from National Filter Media (NFM) of Winthrop, Maine in the total amount of $22,825.60. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/26/2017 Page 146 / 213 Field Service Alfa Laval Inc. 10470 Deer Trail Drive Houston,Texas 77038 Tel: +1 281-449-0322 Fax: +1 281-449-1234 www.alfalaval.com Subject: Ashbrook/Alfa Laval Field Service To whom it may concern, Please find our field service proposal based on (1) one field service technician(s) traveling to your site for (4) four days (travel time included) to remove and install (3) set of belts. Field service Labor & Expenses: Total Labor and Expenses: $8500.00 (includes airfare, hotel, food, car rental and mileage) Recommended Parts; (1) 4 Belts (8065 1DLL) @ 102.4” W x 900” L / $3025.00ea Total Parts $12,100.00 Grand Total = $20,600.00 August 7, 2017 City of Grand Island Grand Island, NE Grand Island Council Session - 9/26/2017 Page 147 / 213 This estimate is based on the following: •Access to hoisting equipment and operator if needed. •Your staff will work with our technician for lock out / tag out and isolating systems •A safe clean work environment. This quote is valid for thirty (30) days and subject to Alfa Laval’s standard terms and conditions. COMMENTS AND EXCEPTIONS: To schedule this service please provide a formal purchase order to danny.grant@alfalaval.com or melanie.arnett@alfalaval.com . The purchase order should include the following: • Clear statement of scope of service • Accurate billing and shipping site address • Contact information of site contact, including phone number, email or fax • Contact information of your accounts payable department • Contact information for the buyer associated with this project Thank you for considering Ashbrook/ Alfa Laval for your service needs. If you have any questions regarding the above estimate, please do not hesitate to contact me at (281) 985-4429 Best Regards, Danny Grant Grand Island Council Session - 9/26/2017 Page 148 / 213 Terms and Conditions of Purchase These Terms and Conditions Apply to All Quotations, Orders, and Contracts for Alfa Laval Inc. Products (hereafter "Equipment"). As used in these Terms and Conditions of Sale, the word "Equipment" includes all hardware, parts, components, software and options. 1. ACCEPTANCE: Our sale to you is limited to and expressly made conditional on your assent to the terms and conditions of sale herein and, if applicable, on the attendant quotation, both of which form a part of this order and which supersede and reject all prior agreements, representations, discussions or negotiations, whether written or oral, with respect hereto and any conflicting terms and conditions of yours, or any statement therein, whether or not signed by you. We will furnish only the quantities and Equipment specifically listed on the face hereof or the pages attached hereto. We assume no responsibility for terms or conditions of, or for furnishing other equipment or material shown in, any plans and/or specifications for a project to which the Equipment quoted or ordered herein pertain or refer. 2. PRICES: Unless otherwise specified in writing, all quoted prices are firm for thirty (30) days from the date of offer. Stenographic, clerical and mathematical errors are subject to correction. 3. DELIVERY: Dates for the furnishing of services and/or delivery or shipment of Equipment are approximate only and are subject to change. Quoted lead times are figured from the date of receipt of complete technical data and approved drawings as such may be necessary. We shall not be liable, directly or indirectly, for any delay in or failure to deliver caused by carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort, failure or delay in obtaining materials from ordinary sources, fires, floods, storms, accidents, or other acts of God or force majeure, by any statute, regulation, administrative order or decree or order or judgment of a court of law or other causes beyond our reasonable control. Unless otherwise specifically agreed in writing by us, in no event shall we be liable for any damages or penalties whatsoever, or however designated, resulting from our failure to perform or delay in performing due to any of the causes specified in this paragraph 3. 4. SHIPMENT, RISK OF LOSS, TAXES: Prices are in U.S. Dollars, F.O.B. Jobsite Prepaid and Allowed. Duty, brokerage fees, insurance, packing and handling as applicable are included. Our prices do not include federal, state, municipal or other government excise, sales, use, occupational, processing, transportation or like taxes now in force or enacted in the future. You shall pay any taxes we may be required to collect or pay now or at any time in the future (including interest and penalties imposed by any governmental authority), or any taxes you may be required to pay, that are imposed upon the sale, delivery or support of Equipment purchased or licensed as a part of this order, or you shall provide us with a tax exemption certificate acceptable to the appropriate taxing authorities. 5. CREDIT AND PAYMENT: Unless otherwise noted on the face hereof payment for Equipment shall be (30) days net. Pro rata payments shall become due with partial shipments. Any discount period which may be granted by us begins on the invoice date and all payments are due 30 days after the invoice date. All payments shall be made without deduction, deferment, set-off, lien or counterclaim of any nature. All amounts due not paid within 30 days after the date such amounts are due and payable shall bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your financial condition so warrants. Failure to pay invoices when such invoices are due and payable, at our election, shall make all subsequent invoices immediately due and payable irrespective of terms, and we may withhold all subsequent deliveries until the full account is settled. We shall not, in such event, be liable for delay of performance or nonperformance of contract in whole or in part subsequent to such event. 6. CANCELLATIONS AND CHANGES: Orders which have been accepted by us are not subject to cancellation or changes in specification except upon prior written agreement by us and upon terms that will indemnify us against all losses resulting from or arising out of such cancellation or change in specifications. In the absence of such indemnification, we shall be entitled to recover all damages and costs of whatever nature permitted by the Uniform Commercial Code. 7. DEFERRED SHIPMENT: If shipment is deferred at your request, payment of the contract price shall become due when you are notified that the Equipment is ready for shipment. If you fail to make payment or furnish shipping instructions we may either extend the time for so doing or cancel the contract. In case of deferred shipment at your request, storage and other reasonable expenses attributable to such delay shall be payable by you. 8. EQUIPMENT WARRANTY AND REMEDY: (a) For new Equipment only, we warrant to you that the Equipment that is the subject of this sale is free from defects in design (provided that we have design responsibility), material and workmanship. The duration of this warranty is twelve (12) months from delivery to you (the "Warranty Period"). If you discover within the Warranty Period a defect in design, material or workmanship, you must promptly notify us in writing. Within a reasonable time after such notification, we will correct any such defect with either new or used replacement parts, at our option. Such repair, including both parts and labor, is at our expense. (b) For repairs, parts and service provided by us, we warrant to you that the repairs parts and service we provide to you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as applicable (i) the date the machine which required the repairs, parts or service is returned to you by us, (ii) the date of your receipt of the part, or (iii) the date of repair, if performed at your facility. If during this ninety day period you discover a defect in the repairs, parts or service you must promptly notify us in writing. (c) All warranty service is subject to our prior examination and approval and will be performed by us at your facility or at service centers designated by us. All transportation to and from the designated service center will be at our expense. If we are unable to repair the Equipment to conform to the warranty after a reasonable number of attempts, we will provide, at our option, one of the following: (i) a replacement for such Equipment, or (ii) full refund of the purchase price. These remedies are your exclusive remedies for breach of warranty. Unless otherwise agreed in writing by us, our warranty extends only to you and is not assignable to or assumable by any subsequent purchaser, in whole or in part, and any such attempted transfer shall render all warranties provided hereunder null and void and of no further force or effect. (d) We will use all reasonable efforts to obtain for you any manufacturer's guarantees or warranties for any sub-assemblies included in the Equipment. To the extent such warranties are assignable, we hereby assign to you all warranties that are granted to us by our suppliers of any subassemblies contained in the Equipment. (e) The warranties set forth above are inapplicable to and exclude (i) any product, components or parts not manufactured by us or covered by the warranty of another manufacturer, (ii) damage caused by accident or the negligence of you or any third party, normal wear and tear, erosion, corrosion or by disasters such as fire, flood, wind and lightning, (iii) damage caused by your failure to follow all installation and operation instructions or manuals or to provide normal maintenance, (iv) damage caused by unauthorized or improper installation of attachments, repairs or modifications, (v) damage caused by a product or component part which we did not design, manufacture, supply or repair, or (vi) any other abuse or misuse by you or any third party. (f) EXCEPT AS SET FORTH IN SUBPARAGRAPHS (a) THROUGH (e) ABOVE, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE WARRANTIES SET FORTH IN SUBPARAGRAPHS (a) THROUGH (c) ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. 9. LIMITATION OF LIABILITY: In no event shall we be liable, and you hereby waive any claims against us and release us from liability to you, for any indirect, special, punitive, incidental, or consequential damages whatsoever based upon breach of warranty, breach of Grand Island Council Session - 9/26/2017 Page 149 / 213 www.alfalaval.com contract, negligence, strict tort, or any other legal theory. Excluded damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of any substitute Equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property. This limitation does not apply to claims for personal injury. Some states do not allow limits on warranties, or on remedies for breach in certain transactions. In such states, certain of the limitations in this paragraph and in subparagraph 8(c) may not apply. 10. OWNERSHIP: All drawings, designs and specifications supplied by us have been prepared or assembled by us and are solely our property. Such drawings, designs and specifications have been furnished in order to provide full documentation and on the condition that they shall not be reproduced or copied in any manner whatsoever, in whole or in part, except for your internal use as necessary, and upon the further condition that, as our sole property, they shall not be used, in whole or in part, for furnishing information to others or for any purpose not specifically authorized in a writing signed by one of our corporate officers. These ownership provisions shall not be superseded by any printed form used in connection with or arising out of a sale induced by a proposal or otherwise. 11. PATENT INFRINGEMENT: (a) We will defend, indemnify, and hold you harmless from and against any action at law or in equity based on a claim alleging that the Equipment or any component or documentation provided to you by us (collectively the "Alfa Laval Product") infringes any third party: (i) presently issued and live patent(s) covering the Alfa Laval Product; (ii) copyright; (iii) trademark; or (iv) trade secret, and we shall indemnify you against all costs, expenses, including reasonable attorneys' fees, and damages arising from any such action. (b) If at any time the Alfa Laval Product is found to infringe any third party rights as specified in subparagraphs (a)(i) - (a)(iv) hereof inclusive, and as a result thereof you are enjoined or restrained in your use of the Alfa Laval Product, we may elect at our expense either to (i) secure for you the right to continue use of the Alfa Laval Product without restriction, (ii) replace the Alfa Laval Product with another noninfringing product reasonably acceptable to you, or (iii) accept return of the Alfa Laval Product and refund to you the then-current fair market value of the Alfa Laval Product. Unless otherwise agreed in writing by us, our indemnity hereunder extends only to you and is not assignable to or assumable by any subsequent purchaser, in whole or in part, and any such attempted transfer shall render the indemnity provided hereunder null and void and of no further force or effect. (c) This indemnification is contingent upon your providing us with available information and cooperating in the defense of the claim. We will control the defense of, and at our sole option, defend or settle any and all such claims, including any settlement negotiations or appeals. Our obligations under this provision as to any claim or action shall be terminated and of no further force and effect in the event you fail to notify us in writing promptly upon your receipt of any claim or action threatened, asserted or instituted against you for any matter which may be subject to your claim for indemnification under this provision. (d) Notwithstanding the provisions of subparagraph (a) hereof, we make no express or implied warranties to you as to any infringement of third party rights referred to in subparagraphs (a)(i) - (a)(iv) hereof inclusive, where: (i) the infringement is based upon or related to any Alfa Laval Product manufactured to your designs or specifications; (ii) the infringement is based upon or related to equipment or any component furnished by you or any third party; (iii) the infringement is based upon or relates to any method or process practiced by you and employing in whole or in part, the Alfa Laval Product. (e) This paragraph 11 sets forth your exclusive remedy against us with respect to any action or claim for an alleged infringement by the Alfa Laval Product or any component thereof. 12. SAFETY AND HEALTH STANDARDS: The Equipment described herein (or on the specifications provided herewith) complies with applicable safety and health standards issued pursuant to the Occupational Safety and Health Act of 1970 (the Act) and in effect on this date as such standards are interpreted and understood by us. These standards may be amended and/or their meaning may be clarified prior to shipment or performance, and if such change or clarification requires changes in the Equipment described herein, we shall make the necessary changes available to you. You shall pay for any and all such changes at our prices therefor in effect at time of shipment or performance, as the case may be. Because actual compliance by employers with the Act is beyond our control, we cannot and do not represent that the use of the Equipment described herein, nor the location, installation or maintenance thereof, will comply with the Act or regulations and standards issued pursuant thereto. We make no representation of compliance with safety and health standards contained in any statute, regulations or ordinance of any state or political subdivision thereof applicable to the Equipment described herein unless you have notified us of the existence and contents of such standards and we have agreed in writing to the incorporation of such standards in the specifications relating to such Equipment. Nothing in this provision shall operate to modify or affect in any manner whatsoever our disclaimer of any liability for consequential damages contained elsewhere in these terms and conditions of sale. 13. INSPECTION: Upon prior written notice, you may make reasonable inspections of Equipment at our facility. We reserve the right to determine the reasonableness of the request and to select an appropriate time and location for such inspection. You agree to execute appropriate confidentiality provisions upon our request prior to visiting our facility. All costs of inspection shall be solely determined by us and shall be payable by you. No inspection or expediting by you at the facilities of our suppliers is authorized. 14. SOFTWARE PROVISIONS: If software is provided hereunder, you are granted a nonexclusive, royalty free license only for your use of the software provided with our Equipment. Under this license you may: (i) use our software in machine readable object code only and only with the Equipment provided; (ii) copy our software into any machine readable object code form for back up purposes in support of your use of our software on the Equipment provided; and (iii) create one additional copy of the software for archival purposes only. This license may not be assigned, sublicensed or otherwise transferred by you without our prior written consent. You hereby recognize and acknowledge that the software provided to you hereunder comprises valuable trade secret and/or copyright property of Alfa Laval [or its licensor] and you covenant that you will take adequate precautions against access to the software by, or disclosure of the software to, anyone not authorized hereunder to use or have access to the software. 15. TIME LIMIT FOR BRINGING SUIT: Any action you file against us, whether for breach of contract, including but not limited to breach of warranty, or for negligence or strict tort, must be commenced within 90 days following the expiration of the Warranty Period. 16. APPLICABLE LAW: The rights and duties of the parties shall be governed by the laws of the State of Wisconsin, without giving effect to the provisions thereof relating to conflict of laws. THE EQUIPMENT AND PARTS DESCRIBED IN THESE TERMS AND CONDITIONS OF SALE MAY CAUSE INJURY IF NOT OPERATED PROPERLY AND FOR THIS REASON ALL OPERATORS SHOULD BECOME THOROUGHLY FAMILIAR WITH THE OPERATING INSTRUCTIONS BEFORE OPERATING THE EQUIPMENT. Grand Island Council Session - 9/26/2017 Page 150 / 213 12 Winada Drive, Winthrop, ME 04364 Tel: 207-377-2626 Fax: 207-377-2629 Quote # W17-244RDC_REV Grand Island WWTP 3013 E Swift Rd P.O. Box 1968 Grand Island, NE 68801 Sean Schwartz PH: 402-237-6028 FX: 308-385-5474 Email: seansc@grand-island.com DATE August 9, 2017 REFERENCES Randy Carlsen PRICES, FOB Winthrop, ME TERMS NET 30 DAYS DELIVERY 3 - 4 Weeks (Rush Available if Needed) DESCRIPTION ddd The Waste Water Division of is pleased to offer the following: Replacement Siemens press belts with sealed edges, urethane coated Stainless Steel clipper closure reinforced with Rayza-Back™ Mesh seam installed (8 clips/inch) & one extra (2) .059” stainless steel pin wires per belt included. Qty: Size: Style: Price Each: Extended: (4) 102.4” x 900” (75’) 24/8xG – Nano Green™ $ 2,749.00 $ 10,996.00 FED EX FREIGHT SHIPPING ESTIMATE (on a pallet) $ 650.00 ESTIMATED TOTAL: $11,646.00 Please keep us in mind for all your Siemens belt press needs including belt repair kit, conveyor belts, hydraulic cylinders, bearings, rollers, ceramic wear pads for tracking paddles, air bellows, UHMW doctor blades, “V” plows, UHMW support grid, Lateral & Washbox seals as well as any cleaning solutions like Citra-Solve Belt Polymer cleaner / degreaser & Citrus floating Lift Station Degreaser. Please call 1-800-321-5223 or email: rcarlsen@nfm-filter.com “QUOTE VALID FOR 90 DAYS” SIGNATURE: Randy D. Carlsen Sales / Marketing Grand Island Council Session - 9/26/2017 Page 151 / 213 Rayza-Back™ 316 SS Mesh seam reinforcement installed: The Rayza-Back™ is a patent pending NFM proprietary seam design that incorporates a 316 Stainless Steel Mesh Screen into the belt clips to add additional strength and rigidity to the belt seam without adding thickness. Our exclusive seam is over 30% Stronger than the standard seam & is specifically designed to help keep the seam straight, resist belt wrinkles and tracking issues by adding reinforcement to the entire width of the belt seam. (As Pictured on 24/8xG – Nano Green™) Extends the Full Width of the Belt: Back of Seam: Front of Seam: (Cake Side) Grand Island Council Session - 9/26/2017 Page 152 / 213 12 Winada Drive, Winthrop, ME 04364 Tel: 207-377-2626 Fax: 207-377-2629 Quote # W17-245RDC Grand Island WWTP 3013 E Swift Rd P.O. Box 1968 Grand Island, NE 68801 Sean Schwartz PH: 402-237-6028 FX: 308-385-5474 Email: seansc@grand-island.com DATE August 9, 2017 REFERENCES Randy Carlsen PRICES, FOB Winthrop, ME TERMS NET 30 DAYS DELIVERY Scheduled DESCRIPTION ddd The Waste Water Division of is pleased to offer the following: Quote #: NFM Part #: Description: Est. Date: Price Each: 171067-1 Labor Estimated Labor n/a $ 7,600.00 171067-2 Expenses Estimated Expenses n/a $ 3,579.60 EST. TOTAL: $11,179.60 NFM to provide One Supervisor and One Craftsman to replace both upper and lower belts of three belt presses. This quote is based on two days in plant consisting of 8 hour days. This quote accounts for all travel and living expenses. This quote is an estimate only, final billing will reflect actual work completed and will be billed in accordance with NFMs 2017 Field Services Rate Sheet. Please note Customer Requirements. (See attached NFM rate sheets for reference) “QUOTE VALID FOR 30 DAYS” SIGNATURE: Randy D. Carlsen Sales / Marketing Grand Island Council Session - 9/26/2017 Page 153 / 213 Quote Number: 2017-213926 Account ID:0002137704 Page 1 8/2/2017 Proposal For:CITY OF GRAND ISLAND Diane Van Dyke SEAN seansc@grand-island.com Evoqua Water Technologies LLC 1035 W WILDWOOD STATION 2155 112TH AVE GRAND ISLAND , NE 68801 HOLLAND , MI 49424 Phone: 402.237.6028 Phone: 616.748.7616 diane.vandyke@evoqua.com ITEM PRICING Item Number Description Reference Number Qty Unit Price Extended Price 15143001 15143001 BELT FILTER 2.6M X 22.86M POLYESTER 4 $6,496.00 $25,984.00 Subtotal:$25,984.00 Total Price:$25,984.00 FOR BELT PRESS JP0069 2.5M LEAD TIME: 4 WKS ARO *LEAD TIMES ARE APPROXIMATE AND SHOULD BE VERIFIED AT TIME OF ORDER *NO FREIGHT CHARGES ARE INCLUDED IN THE ABOVE PRICES. IF YOU WISH TO SHIP COLLECT PLEASE SPECIFY ON PURCHASEORDER PREFERRED CARRIER AND ACCOUNT NUMBER. -Terms: Net 30 - FOB: Factory -Minimum Order $100.00 - This quotation is valid for 30 days. PO ADDRESS: EVOQUA WATER TECHNOLOGIES LLC 2155 112TH Ave Holland, MI 49424 PO & REMIT TO ADDRESS: EVOQUA WATER TECHNOLOGIES LLC 28563 NETWORK PL CHICAGO, IL 60673-1285 *PLEASE SEND A COPY OF YOUR TAX EXEMPT CERTIFICATE IF IT APPLIES. Grand Island Council Session - 9/26/2017 Page 154 / 213 Quote Number: 2017-213926 Account ID:0002137704 Page 2 8/2/2017 Payment Terms and Delivery PO Terms Purchaser acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, exportation, transfer, assignment, disposal and usage of the goods and/or services provided under the Contract, including any export license requirements. Purchaser agrees that such goods and/or services shall not at any time directly or indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. PURCHASER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. Shipping Information: • FOB - Free on board: Prepaid and Add • Shipping Account Number: Terms: •This quote is valid until 9/1/2017 •Payment terms are N30 - Net 30 days with proper credit, and are subject to the attached Evoqua Water Technologies LLC Terms and Conditions •Pricing listed does not include applicable sales tax. •New customers are pre-approved to $1,000. All others will need to fill out a credit application and submit a hardcopy PO (or a "No PO Form"). •We require hard documentation of your ordering for Evoqua to process your order. For your convenience, we can start processing your order be signing and returning: Fax to: 616.748.2568 or Email to: diane.vandyke@evoqua.com •You may also mail this to: Evoqua Water Technologies LLC 2155 112TH AVE HOLLAND, MI 49424 Grand Island Council Session - 9/26/2017 Page 155 / 213 Quote Number: 2017-213926 Account ID:0002137704 Page 3 8/2/2017 Standard Terms : Standard Terms of Sale 1.Applicable Terms. These terms govern the purchase and sale of equipment, products, related services, leased products, and media goods if any (collectively herein "Work"), referred to in Seller's proposal ("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is expressly conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents. 2.Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation specifically provides otherwise, freight, storage, insurance and all taxes, levies, duties, tariffs, permits or license fees or other governmental charges relating to the Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. If Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising out of same. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 ½% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval by Seller. Back charges without Seller's prior written approval shall not be accepted. 3.Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise, delivery terms are ExWorks Seller's factory (Incoterms 2010). Title to all Work shall pass upon receipt of payment for the Work under the respective invoice. Unless otherwise agreed to in writing by Seller, shipping dates are approximate only and Seller shall not be liable for any loss or expense (consequential or otherwise) incurred by Buyer or Buyer's customer if Seller fails to meet the specified delivery schedule. 4.Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data, software and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non-transferable license to use any such material solely for Buyer's use of the Work. Buyer shall not disclose any such material to third parties without Seller's prior written consent.Buyer grants Seller a non-exclusive, non-transferable license to use Buyer's name and logo for marketing purposes, including but not limited to, press releases, marketing and promotional materials, and web site content. 5.Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed upon change order. Any change to the scope of the Work, delivery schedule for the Work, any Force Majeure Event, any law, rule, regulation, order, code, standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance. 6.Force Majeure Event. Neither Buyer nor Seller shall have any liability for any breach or delay (except for breach of payment obligations) caused by a Force Majeure Event. If a Force Majeure Event exceeds six (6) months in duration, the Seller shall have the right to terminate the Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed prior to the date of termination. "Force Majeure Event" shall mean events or circumstances that are Grand Island Council Session - 9/26/2017 Page 156 / 213 Quote Number: 2017-213926 Account ID:0002137704 Page 4 8/2/2017 beyond the affected party's control and could not reasonably have been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include, but is not limited to, the following circumstances or events: war, act of foreign enemies, terrorism, riot, strike, or lockout by persons other than by Seller or its sub-suppliers, natural catastrophes or (with respect to on-site work), unusual weather conditions. 7.Warranty. Subject to the following sentence, Seller warrants to Buyer that the (i) Work shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship and (ii) the Services shall be performed in a timely and workmanlike manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer. The foregoing warranty shall not apply to any Work that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. The Seller warrants the Work, or any components thereof, through the earlier of (i) eighteen (18) months from delivery of the Work or (ii) twelve (12) months from initial operation of the Work or ninety (90) days from the performance of services (the "Warranty Period"). If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period, Seller shall, at its sole option and as Buyer's sole and exclusive remedy, repair or replace the subject parts, re-perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller, (i) Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies and (ii) Buyer shall be responsible for all costs of installation of repaired or replaced Work. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Work in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Seller's warranty does not cover (i) damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller) and (ii) media goods (such as, but not limited to, resin, membranes, or granular activated carbon media) once media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 8.Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 9.Assignment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written consent of the other party; provided, however, the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the sale or transfer of the Seller's business and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without Buyer's consent. 10.Termination.Either party may terminate this agreement, upon issuance of a written notice of breach and a thirty (30) day cure period, for a material breach (including but not limited to, filing of bankruptcy, or failure to fulfill the material obligations of this agreement). If Buyer suspends an order without a change order for ninety (90) or more days, Seller may thereafter terminate this Grand Island Council Session - 9/26/2017 Page 157 / 213 Quote Number: 2017-213926 Account ID:0002137704 Page 5 8/2/2017 Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed, whether delivered or undelivered, prior to the date of termination. 11.Dispute Resolution. Seller and Buyer shall negotiate in good faith to resolve any dispute relating hereto. If, despite good faith efforts, the parties are unable to resolve a dispute or claim arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or validity, the parties will first seek to agree on a forum for mediation to be held in a mutually agreeable site. If the parties are unable to resolve the dispute through mediation, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Pittsburgh, Pennsylvania before three arbitrators who are lawyers experienced in the discipline that is the subject of the dispute and shall be jointly selected by Seller and Buyer.The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The Arbitrators shall issue a reasoned decision of a majority of the arbitrators, which shall be the decision of the panel. Judgment may be entered upon the arbitrators' decision in any court of competent jurisdiction. The substantially prevailing party as determined by the arbitrators shall be reimbursed by the other party for all costs, expenses and charges, including without limitation reasonable attorneys' fees, incurred by the prevailing party in connection with the arbitration. For any order shipped outside of the United States, any dispute shall be referred to and finally determined by the International Center for Dispute Resolution in accordance with the provisions of its International Arbitration Rules, enforceable under the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the governing language shall be English. 12.Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, exportation, transfer, assignment, disposal and usage of the Work provided under this Agreement, including any export license requirements. Buyer agrees that such Work shall not at any time directly or indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 13.LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 14.Rental Equipment / Services.Any leased or rented equipment ("Leased Equipment") provided by Seller shall at all times be the property of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to the Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order. At the end of the initial term specified in the order, the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner than three (3) Grand Island Council Session - 9/26/2017 Page 158 / 213 Quote Number: 2017-213926 Account ID:0002137704 Page 6 8/2/2017 months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any renewal, Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen (15) days of issuance of said notice. If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its obligations under the order for the monthly rental service charge which shall continue to be due and owing. Upon the expiration or termination of this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal. 15.Miscellaneous. These terms, together with any Contract Documents issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is considered a subcontract under Buyer's prime contract with an agency of the United States government, in case of Federal Acquisition Regulations (FARs) flow down terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as specifically listed in 52.244-6, Subcontracts for Commercial Items (OCT 2014). If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. The Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. Both Buyer and Seller reject the applicability of the United Nations Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship. Accepted by: ____________________________ Print: __________________________________ Date: __________________________________ Grand Island Council Session - 9/26/2017 Page 159 / 213 Evoqua Water Technologies LLC 2155 112TH AVENUE HOLLAND, MI 49424 PH: 616-772-9011 FX: 616-748-2568 Date: 8/1/17 Contact: Sean Schwartz Rev 0 Phone: 402-237-6028 FAX: E-Mail: seansc@grand-island.com Serial number: JP00069,70,71 Site info: Grand Island WTP 3013 East Swift rd. Grand Island, NE 68801 Subject: Belt Installation Supervision Dear: Sean Evoqua Water Technologies LLC is pleased to offer this cost estimate to provide a service visit for the following: All below pricing shown is estimated and PO's shall be written in US Dollars. All labor will be invoiced at actual vs. estimated. All expenses will be invoiced at Actual plus a 7% processing fee. Our Estimate breakdown is as follows: Estimated Travel Expenses (airfare, service, vehicle)…………………………………………………………………………………………..$1,000.00 Estimated Expenses (lodging, car rental, meals)………………………………………………………………………………………………….$1,450.00 Estimated Travel Time @ $110.00 per hour, # of hours 18 ………………………………..$1,980.00 Labor rate @ $1,250.00 per day, number of days 3 ………………………………..$3,750.00 Estimated Processing Fee………………………………………………………………………………………………………………………………….$171.50 Estimated parts required……………………………………………………………………………………………………………………………………Not included here Total Estimate:$8,351.50 This total estimate does not include parts that may be used in connection with this service visit, unless it is specified in the estimated parts required.Other Banking Information Bank Name: J.P. Morgan Chase Bank, N.A. This proposal is valid for 90 days from the date of the proposal.New York, NY 10004 Payment terms are 100% Net 30 days from receipt of invoice. Account Name: Evoqua Water Technologies LLC This proposal is subject to the following Standard Terms of Service order as the Account Number: 603148011 sole and exclusive terms and conditions applicable to this order.ABA Number: 044000037To schedule this visit, please call, fax or email your purchase order Swift Code: CHASUS33 to the attention of the Service Dept. You can reach me at the following:Direct Ph:616-546-1104 Fax: 616-748-2568 Email: firas.shamoun@evoqua.com Employer ID Number: 80-0909020Duns Number 15-079-5342 PO ADDRESS:REMIT TO ADDRESS: Evoqua Water Technologies LLC Evoqua Water Technologies LLC. 2155 112TH AVENUE 28563 Network Place Holland, MI 49424 Chicago, IL 60673-1285 Provide one Service Engineer for 3 days onsite to supervise the installation of belts on 3 belt presses. This will include a written report with any recommendations as well as a list of recommended parts needed to upgrade your system. This is an estimate for service only, any additional parts will be in addition to this once that is determined. Actual charges will be invoiced. Grand Island Council Session - 9/26/2017 Page 160 / 213 Page 2 of 4 Date: 8/1/17 Standard Terms of Service Order 1.Applicable Terms. These terms govern the supply of services (including without limitation any goods (the "Goods") furnished in the performance thereof), described in the Service Order on the reverse side or attached hereto and Seller's associated proposal, quotation, or acknowledgement ("Evoqua Water Technologies Documentation"). Whether these terms. Evoqua Water Technologies (EWT) rejects all additional or different terms in any of Customer's forms or documents. 2. Payment. Customer shall pay EWT the full service fee as set forth in EWT's Documentation. Unless EWT's Documentation provides otherwise, all taxes, duties or other governmental charges relating to the services provided shall be paid by customer. If EWT is required to pay any such charges, Customer shall immediately reimburse EWT. All payments are due within 30 days after receipt of invoice. Customer shall be charged the lower of 1-1/2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of EWT's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval. 3. Scope of Services. EWT shall provide the services specifically described in Seller’s Documentation during normal business hours, unless otherwise specified in EWT’s Documentation. Services requested or required by the Customer outside of these hours will be charged at EWT’s then current schedule of rates and will be in addition to the charges outlined in EWT's Documentation. Where the Customer requests additional Services which are outside of the scope of work itemized in EWT's Documentation, EWT may provide those services at standard time and material rates and conditions then in effect. 4.Ownership of Materials. All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by EWT in connection with services provided, and all related intellectual property rights, shall remain EWT’s property. EWT grants Customer a non-exclusive, non-transferable license to facilitate Customer’s use of the equipment serviced. Customer shall not disclose any such material to third parties without EWT’s prior written consent. 5. Changes. EWT shall not implement any changes in the scope of services described in EWT’s Documentation unless Customer and EWT agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law. 6. Warranty. EWT warrants that while providing services to the Customer as outlined in Seller's Documentation all work will be carried out with due care and attention and that EWT will use suitably qualified personnel. Customer's service warranty is ninety days from the date of the service provided. In the event of a warranty claim, EWT shall, at its sole option and as Customer’s sole remedy, repeat the service at its own expense or refund the service fee actually paid to EWT. If EWT determines that any warranty claim is not, in fact, covered by this service warranty, Customer shall pay EWT its then customary charges for any additionally required service. EWT’s service warranty is conditioned on Customer’s (a) operating and maintaining the Equipment in accordance with EWT’s instructions, (b) not making any unauthorized repairs or alterations which effect the service, and (c) not being in default of any payment obligation to EWT. EWT’s service warranty does not cover damage caused by negligent operation of the water system by Customer, chemical action or abrasive material or misuse which has damaged the equipment serviced, usage of non-potable feed water with SDI equipment, or improper installation (unless installed by EWT). THE WARRANTIES SET FORTH IN THIS SECTION ARE EWT’S SOLE AND EXCLUSIVE WARRANTIES. EWT MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. Indemnity. EWT shall indemnify, defend and hold Customer harmless from any claim, cause of action or liability incurred by Customer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by EWT's negligence. EWT shall have the sole authority to direct the defense of and settle any indemnified claim. EWT’s indemnification is conditioned on Customer (a) promptly, within the service warranty period, notifying EWT of any claim, and (b) providing reasonable cooperation in the defense of any claim. 8. Force Majeure. Under no circumstances shall either EWT or Customer have any liability for any breach (except for payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, change in law or other act of government or any other cause beyond such party's reasonable control. 9. Cancellation. Either party may terminate the services specified in EWT’s Documentation by providing reasonable notice sufficient to avoid costs incurred by the other party. If Customer cancels or suspends its service order for any reason other than EWT’s breach, Customer shall pay EWT for work performed prior to cancellation or suspension and any other direct costs incurred by EWT as a result of such cancellation or suspension. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, EWT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND EWT’S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SERVICE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PRICE PAID UNDER THIS AGREEMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. Leased Equipment. Any Leased Equipment provided by EWT shall at all times be the property of EWT with the exception of certain miscellaneous installation materials purchased by the customer, and no right or property interest is transferred to the Customer hereunder, except the right to use any such Equipment as provided here. Customer agrees that it shall not pledge, lend, or create a security interest in, part with possession of, or relocate the equipment. Customer shall be responsible to maintain the Equipment in good and efficient working order. Upon the expiration or termination of this Agreement, Customer shall promptly make any Leased Equipment available to EWT for removal. Customer hereby agrees that it shall grant EWT access to the Equipment location and shall permit EWT to take possession of and remove the Equipment without resort to legal process and hereby releases EWT from any claim or right of action for trespass or damages caused by reason of such entry and removal. 12.Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by EWT, comprise the complete and exclusive statement of the agreement between the parties (the “Agreement”) and supersede any terms contained in Customer’s documents. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Customer may not assign or permit any other transfer of the Agreement without EWT’s prior written consent. The Agreement shall be governed by the laws of the state of Delaware without regard to its conflict of laws provisions. Grand Island Council Session - 9/26/2017 Page 161 / 213 Page 3 of 4 Date: 8/1/17 Field Service Work Billing Rates Billing rate for a Lead Technician assigned in the United States. International rates may differ depending on hazards associated to travel. hourly daily $156.25 USD $1,250.00 USD $234.38 USD $1,875.00 USD Notes: - The customer is billed for all travel and living expenses at cost. - Straight Time is based on an eight (8) hour workday. Straight time is defined as time worked on a regular (non-holiday) schedule of eight (8) hours per day between 7:00 am and 6:00 pm, Monday thru Friday, or for time worked on any other mutually agreed schedule Monday through Friday. - Overtime is defined as time (travel or work) in excess of the regular straight time schedule. Any work or travel time on Saturday is charged at one and one-half times straight time rates. Any work or travel time on Sunday is charged at two times straight time rates. Any work or travel time on Evoqua Water Technologies designated holidays is charged at three times straight time rates. - When sites are isolated or work camp provided, single occupancy quarters lodging accommodations, meals and other living essentials are provided by the site. - Provisions/accommodations for journeys home are accommodated surrounding all Evoqua recognized US holidays. - For travel outside the US, - All fees associated for entry, visas, work permits and/or delegation activity are not shown, however all expenses are invoiced at actual. - English speaking guided transport from international airports must be provided upon request. - The site will have contractor services available (EX: welder, millwright, electrician, I&C) as become needed during the erecting and commissioning phases. - Occasional use of site tools may be practical due to restrictions in country. - Travel time excesses due to airline delays will not be charged to the customer. - Standard vehicle charges: Service vehicle $0.65 USD/mile Service Truck $0.80 USD/mile - Work performed in office (report writing, data evaluation, etc) is billed at straight time rate. - Field service reports will be provided to the customer to outline hours worked and work performed. - Long duration stays are subject to monthly invoicing. Additional Terms: • Our technician will require a minimum of one qualified person for assistance, if assistance is not available, additional charges will apply. • Our technician will provide general hand tools, multi-meter and Personnel Protection Equipment (PPE) as follows: 1.Hard hat 2.Safety glasses 3.Steel toe shoes Exclusions: • Taxes, licenses, permitting and fees of any kind are invoiced at actual once known. • Spare Parts. • Worn Components requiring replacement. • Process performance or equipment operation guarantees. • All utilities as needed including but not limited to: 1.Compressed air 2.Water 3.Electrical power Unless arranged prior, the buyer is to provide for: 1.Providing overhead cranes, lifting equipment, or rigging as required 2.Repair/replacement of all damaged pipe, fittings, gaskets, bolts/nuts and other similar items (both evident and undiscovered), or any repair not specifically listed above 3.Textiles, consumables, lubricants (new supply and disposal of), reagents, buffers, coagulants, provisions for and disposal of waste or garbage as needed 4.Required PPE and large or special tools outside that which is listed above 5.Convenient access to subject equipment, as well as required equipment operation or downtime of subject equipment, or ancillary equipments needed for run confirmation and on site testing 6.Provide upon request; system daily records, operating parameters and O & M manual logs or SOP 7.Break or restroom facilities 8.A desk type work surface & sundries as required Straight Time Overtime Rates Grand Island Council Session - 9/26/2017 Page 162 / 213 Page 4 of 4 In closing, we are looking forward to working with you. If you have any questions, please contact me. Sincerely, Firas Shamoun Field Service Engineer, Industrial WW Evoqua Water Technologies LLC ____________________________________________________________ Authorized signature Purchasing agent signature ______________________ Grand Island Council Session - 9/26/2017 Page 163 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-260 WHEREAS, the Wastewater Division of the Public Works Department for the City of Grand Island obtained quotes for the purchase and installation of new belt filters; and WHEREAS, based on the quotes submitted it is recommended the purchase and installation be handled through National Filter Media (NFM) of Winthrop, ME; and WHEREAS, total purchase and installation of belt filters is in the amount of $22,825.60; and WHEREAS, the funding for such is provided in the 2016/2017 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase and installation of belt filters through National Filter Media (NFM) of Winthrop, ME in the total amount of $22,825.60, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 164 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-10 #2017-261 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2018 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 165 / 213 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:September 26, 2017 Subject:Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2018 Presenter(s):John Collins PE, Public Works Director Background Specialty equipment/operators are hired by the Streets Division to clean and grade large outfall ditches each year. The price per hour of such services has increased so the jobs are approaching the procurement point in which formal quotes are required. The timeline of the ditch work is weather dependent and is usually done when the Streets Division has staff to provide the hauling. These timelines can be difficult to forecast making the process of securing quotes from various vendors also difficult. The formal bid process streamlines the acquisition of such as-needed services. A primary and secondary bid award is being recommended for each equipment type so the optimal equipment can be used in the event the primary award vendor is unavailable or unable to meet the Streets Division’s timeline. Bidders were given the opportunity to write-in equipment that they own/operate that could be used for drainage ditch grading, excavating, and hauling that was not specifically requested on the bid form. The write-in bid items gives the City more equipment options that otherwise would go unknown. Services under last year’s contract were used work on the following open drainage facilities: Capital Ave Drainage Ditch from City Limits to Shady Bend – City owned property ends west of Shady Bend but Streets partnered with the NRD to have the ditch cleaned to the box culvert on Shady Bend. Highway 281 Drainage Ditch, West Side from 13th St to Capital Ave Webb Rd and Capital Ave Detention Cell Grand Island Council Session - 9/26/2017 Page 166 / 213 Discussion Bids were advertised on August 26, 2017 and sent to (8) eight potential bidders. Four (4) bids were received and opened on September 14, 2017. Below is the bid award recommendation. Drainage Ditch Grading, Excavating, and Hauling 2018 Bid Award Recommendation Line Item Equipment Primary Award Secondary Award Harders Dozer & Scraper, LLC Starostka Group Unlimited1 Excavator (Track Mounted) with GPS-based Grade Control and Operator $225.00 per hour $402.00 per hour Klingman Irrigation Services Starostka Group Unlimited2Excavator (Track Mounted) with Operator $190.00 per hour $191.00 per hour Starostka Group Unlimited Klingman Irrigation Services3Dozer with Operator $176.00 per hour $190.00 per hour Harders Dozer & Scraper, LLC Dobesh Land Leveling, LLC4Dump Truck with Operator $100.00 per hour $105.00 per hour Harders Dozer & Scraper, LLCRequested Bid Items5 Dump Truck with Heated Dump Box and Operator $200.00 per hour no bid Harders Dozer & Scraper, LLC Starostka Group Unlimited6Dozer with Operator and GPS $225.00 per hour $395.00 per hour Dobesh Land Leveling, LLC7Loader$210.00 per hour no bid Klingman Irrigation Services8Scraper with Laser Control $190.00 per hour no bid Klingman Irrigation Services9Scraper with GPS $225.00 per hour no bid Harders Dozer & Scraper, LLC10Side Dump Semi/Trailer (20 CY)$135.00 per hour no bid Klingman Irrigation Services Dobesh Land Leveling, LLC11Skidsteer$125.00 per hour $140.00 per hour Dobesh Land Leveling, LLC12Elevating Scraper $220.00 per hour no bid Dobesh Land Leveling, LLCOther, Write-In Option Bid Items13 Triple Axle Side Dump (24 CY)$140.00 per hour no bid Grand Island Council Session - 9/26/2017 Page 167 / 213 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award of Drainage Ditch Grading, Excavating, and Hauling 2018 according to the bid award recommendation. Sample Motion Move to approve the bid award of Drainage Ditch Grading, Excavating, and Hauling 2018 according to the bid award recommendation. Grand Island Council Session - 9/26/2017 Page 168 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 14, 2017 2:15 p.m. FOR:Drainage Ditch Grading Excavating, And Hauling - 2018 DEPARTMENT:Public Works ESTIMATE:a. Excavator (Track Mounted) with GPS-based Grade Control & Operator+ $325.00 per hour b. Excavator (Track Mounted) with Operator $300.00 per hour c. Dozer with Operator$300.00 per hour d. Dump Truck with Operator$300.00 per hour e. Dump Truck with Heated Dump Box & Operator $350.00 per hour FUND/ACCOUNT:21033504-85213 & 21033504-85318 PUBLICATION DATE:August 26, 2017 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Dobesh Land Leveling, LLC Grand Island, NE Bid Price:Cost Per Hour Make & Model Excavator GPS: No Bid Excavator: $230.00 John Deere 350 Dozer: No Bid Dump Truck:$105.00 Kenworth +800 Dump Truck w/heated Dump box : No Bid Elevating Scrapper:$220.00 John Deere 862B Triple Axle Side Dump: $140.00 Smithko Skidloader:$140.00 John Deere 33G Loader:$210.00 John Deere 744 HMH Grand Island Council Session - 9/26/2017 Page 169 / 213 Bidder:Starostka Group Unlimited Grand Island, NE Bid Price:Cost Per Hour Make & Model Excavator GPS:$402.00 Komatsu Excavator: $191.00 Komatsu Dozer:$176.00 Komatsu Dump Truck:$140.00 Peterbuilt Dump Truck w/heated Dump box : No Bid Dozer with GPS:$395.00 D51 PX Skidsteer $145.00 Bobcat T595 Bidder:Harders Dozer & Scraper, LLC Cairo, NE Bid Price:Cost Per Hour Make & Model Excavator GPS:$225.00 Cat 323F Excavator: $200.00 Cat 323F Dozer:$200.00 Komatsu Dump Truck:$100.00 Peterbilt 379 Dump Truck w/heated Dump box :$200.00 Cat 725 Dozer with GPS:$225.00 Komatsu Side Dump Semi/Trailer:$135.00 Bidder:Klingman Irrigation Services Grand Island, NE Bid Price:Cost Per Hour Make & Model Excavator GPS: No Bid Excavator: $190.00 Komatsu 220-6 Dozer:$190.00 IHC - Dresser Dump Truck: No Bid Dump Truck w/heated Dump box : No Bid Skidsteer $125.00 Case 450 CT Scraper w/laser control:$190.00 John Deere 762 Scraper w/laser or GPS:$225.00 Steiger 325 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhoff, Purchasing Agent Shannon Callahan, Street Supt. P1994 Grand Island Council Session - 9/26/2017 Page 170 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-261 WHEREAS, the City of Grand Island invited sealed bids for furnishing Drainage Ditch Grading, Excavating, and Hauling 2018, according to plans and specifications on file with the Public Works Department; and WHEREAS, on September 14, 2017 bids were received, opened and reviewed; and, WHEREAS, Harders Dozer and Scraper, LLC; Klingman Irrigation Services; Dobesh Land Leveling, LLC; and Starostka Group Unlimited, Inc. submitted the lowest and best bids within the bid specifications for Drainage Ditch Grading, Excavating, and Hauling 2018. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bids shown in Exhibit “A” for Drainage Ditch Grading, Excavating, and Hauling 2018, are hereby approved; - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 171 / 213 - 2 - EXHIBIT “A” Line Item Equipment Primary Award Secondary Award Harders Dozer & Scraper, LLC Starostka Group Unlimited1 Excavator (Track Mounted) with GPS-based Grade Control and Operator $225.00 per hour $402.00 per hour Klingman Irrigation Services Starostka Group Unlimited2Excavator (Track Mounted) with Operator $190.00 per hour $191.00 per hour Starostka Group Unlimited Klingman Irrigation Services3Dozer with Operator $176.00 per hour $190.00 per hour Harders Dozer & Scraper, LLC Dobesh Land Leveling, LLC4Dump Truck with Operator $100.00 per hour $105.00 per hour Harders Dozer & Scraper, LLCRequested Bid Items5 Dump Truck with Heated Dump Box and Operator $200.00 per hour no bid Harders Dozer & Scraper, LLC Starostka Group Unlimited6Dozer with Operator and GPS $225.00 per hour $395.00 per hour Dobesh Land Leveling, LLC7Loader$210.00 per hour no bid Klingman Irrigation Services8Scraper with Laser Control $190.00 per hour no bid Klingman Irrigation Services9Scraper with GPS $225.00 per hour no bid Harders Dozer & Scraper, LLC10Side Dump Semi/Trailer (20 CY)$135.00 per hour no bid Klingman Irrigation Services Dobesh Land Leveling, LLC11Skidsteer$125.00 per hour $140.00 per hour Dobesh Land Leveling, LLC12Elevating Scraper $220.00 per hour no bid Dobesh Land Leveling, LLCOther, Write-In Option Bid Items13 Triple Axle Side Dump (24 CY)$140.00 per hour no bid Grand Island Council Session - 9/26/2017 Page 172 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-11 #2017-262 - Approving Bid Award for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement) for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 173 / 213 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:September 26, 2017 Subject:Approving Bid Award for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement) for the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background On August 24, 2017 the Wastewater Division of the Public Works Department advertised for bids for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement). There were seven (7) potential bidders. The project involves removal and replacement of two (2) skimmer arms on Secondary Clarifier No. 3 at the City’s Wastewater Treatment Plant. Existing Clarifier No. 3 is a center feed concrete settling tank, which is 100 feet in diameter with a side water depth of 12 feet. Discussion Three (3) bids were received and opened on September 6, 2017. The bids were submitted in compliance with the contract, plans and specifications. A summary of the bids is shown below. Bidder Exceptions Base Bid Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri None $38,000.00 Philip Carkoski Construction of Loup City, Nebraska None $42,678.00 Judds Bros. Construction Co. of Lincoln, Nebraska None $52,750.00 There are sufficient funds in Account No. 53030054-85213 to fund this project. Grand Island Council Session - 9/26/2017 Page 174 / 213 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid of Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in the amount of $38,000.00 for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement). Sample Motion Move to approve the bid award. Grand Island Council Session - 9/26/2017 Page 175 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 6, 2017 at 2:00 p.m. FOR:Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement) DEPARTMENT:Public Works ESTIMATE:$65,000.00 FUND/ACCOUNT:53030054-85213 PUBLICATION DATE:August 24, 2017 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Judds Bros. Construction Co.Fab Tech Wastewater Solutions, LLC Lincoln, NE O’Fallon, MO Bid Security:Merchants National Bonding, Inc.Employers Mutual Casualty Co. Exceptions:None None Bid Price:$52,750.00 $38,000.00 Bidder:Philip Carkoski Construction Loup City, NE Bid Security:The Ohio Casualty Ins. Co. Exceptions:None Bid Price:$42,678.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Marvin Strong, WWTP Supt. P1991 Grand Island Council Session - 9/26/2017 Page 176 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-262 WHEREAS, the City of Grand Island invited sealed bids for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement), according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on September 6, 2017 bids were received, opened, and reviewed; and WHEREAS, Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $38,000.00; and WHEREAS, Fab Tech Wastewater Solutions, LLC’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2016/2017 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in the amount of $38,000.00 for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement) is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 177 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-12 #2017-263 - Approving Agreement for Engineering Consulting Services Related to Lift Station No. 11 Relocation and Force Main Reroute Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 178 / 213 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 26, 2017 Subject:Approving Agreement for Engineering Consulting Services Related to Lift Station No. 11 Relocation and Force Main Reroute Presenter(s):John Collins PE, Public Works Director Background On July 10, 2017 the Engineering Division of the Public Works Department advertised for Engineering Services for Lift Station No. 11 Relocation and Force Main Reroute, with eighteen (18) potential respondents. The existing Lift Station No. 11, which is located on 8th Street between Custer Avenue and Howard Avenue at 2511 W 8th Street, is in need of upgrade. The hospital contributes debris and rags that clog the current pumps, the wet well does not have sufficient capacity, and there is no space for a stand-by generator. A new submersible, duplex style lift station, with a grinder pump on the influent, and a stand-by generator is being planned for at a nearby, larger location. A new 6-inch force main will be re-routed from the South Interceptor to the North Interceptor. Lift Station No. 11 contributes an average of 100-150 thousand gallons per day to the South Interceptor. The Lift Station No. 11 upgrade & re-route will alleviate some capacity issues in the South Interceptor by re-routing Lift Station No. 11 force main to the North Interceptor. Olsson Associates performed a Lift Station No. 11 abandonment evaluation in October 2016 showing that the total construction and engineering costs would approximate $5.85M. The Wastewater Division has determined that Lift Station No. 11 abandonment with a deep, gravity connection to the North Interceptor would not be a cost effective option. The Wastewater Division would like to plan for the alternative option which is to upgrade Lift Station No. 11 and re-route the existing force main. Grand Island Council Session - 9/26/2017 Page 179 / 213 Discussion Four (4) engineering firms submitted qualifications for the engineering services related to Lift Station No. 11 Relocation and Force Main Reroute. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Olsson Associates design services will be provided on a time and materials basis with a maximum fee of $128,342.00. An amendment to the agreement will be needed in the future to include construction services upon bidding of this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with Olsson Associates of Grand Island, Nebraska, in the amount of $128,342.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/26/2017 Page 180 / 213 Grand Island Council Session - 9/26/2017 Page 181 / 213 Grand Island Council Session - 9/26/2017 Page 182 / 213 Grand Island Council Session - 9/26/2017 Page 183 / 213 Grand Island Council Session - 9/26/2017 Page 184 / 213 Grand Island Council Session - 9/26/2017 Page 185 / 213 Grand Island Council Session - 9/26/2017 Page 186 / 213 Grand Island Council Session - 9/26/2017 Page 187 / 213 Grand Island Council Session - 9/26/2017 Page 188 / 213 Grand Island Council Session - 9/26/2017 Page 189 / 213 Grand Island Council Session - 9/26/2017 Page 190 / 213 Grand Island Council Session - 9/26/2017 Page 191 / 213 Grand Island Council Session - 9/26/2017 Page 192 / 213 Grand Island Council Session - 9/26/2017 Page 193 / 213 Grand Island Council Session - 9/26/2017 Page 194 / 213 Grand Island Council Session - 9/26/2017 Page 195 / 213 Grand Island Council Session - 9/26/2017 Page 196 / 213 Grand Island Council Session - 9/26/2017 Page 197 / 213 Grand Island Council Session - 9/26/2017 Page 198 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-263 WHEREAS, on July 10, 2017 the Engineering Division of the Public Works Department advertised for engineering services for Lift Station No. 11 Relocation and Force Main Reroute; and WHEREAS, on July 25, 2017 four (4) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Olsson Associates of Grand Island, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for engineering design services related to Lift Station No. 11 Relocation and Force Main Reroute, in the amount of $128,342.00, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 199 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-13 #2017-264 - Approving Change Order No. 2 for North Broadwell Avenue Drainage Project No. 2017-D-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 200 / 213 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 26, 2017 Subject:Approving Change Order No. 2 for North Broadwell Avenue Drainage Project No. 2017-D-3 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $140,361.50 contract on April 25, 2017, via Resolution No. 2017-127, for North Broadwell Avenue Drainage Project No. 2017-D-3. On August 22, 2017, via Resolution No. 2017-235, City Council approved Change Order No. 1 which allowed additional time to complete this project. This time extension was due to a potential conflict with the drainage pipe and water main at the north driveway into the Veterans Athletic Complex. With fall activities underway at the Veterans Athletic Complex, which require water service for the restrooms and concession stand, there wasn’t a good time prior to September 1, 2017 to relocate the water main. The completion date of this project was extended to December 15, 2017 via Change Order No. 1, with no contract amount modification. The drainage improvements are located on North Broadwell Avenue between BNSF Railroad and US Highway 281. Discussion To address the water main conflict mentioned above, additional labor and material is necessary. In order to avoid reconstructing the existing water main to clear the proposed storm sewer pipe which is being installed with this project, the Public Works Engineering Division worked with the Utilities Department to come up with a solution that meets state health standards while saving time and money. As such, the proposed storm sewer will be waterproofed to prevent leakage, supported on either side of the existing water main to allow for less clearance and the existing water main will be insulated to prevent freezing from the proposed conditions of the new storm pipe. Change Order No. 2 covers all work required to insulate the water main near the drainage pipe. Grand Island Council Session - 9/26/2017 Page 201 / 213 The extra works adds a total cost of $8,328.00 to the project, resulting in a revised contract amount of $148,689.50. 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. 2 with The Diamond Engineering Company for North Broadwell Avenue Drainage Project No. 2017-D-3. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/26/2017 Page 202 / 213 CHANGE ORDER NO. 2 PROJECT:North Broadwell Avenue Drainage Project No. 2017-D-3 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $140,361.50 CONTRACT DATE: April 25, 2017 To address water main conflict on the North Broadwell Avenue Drainage Project No. 2017-D-3 additional labor and material is necessary to insulate the water main near the drainage pipe. Description Quantity Unit Unit Price Extended Price Concrete Collar 2.00 Each $1,990.00 $ 3,980.00 Insulation & Thermal Tap Installation 1.00 LS $2,350.00 $ 2,350.00 Waterproofing 24 l.f. of 60” Pipe 1.00 LS $1,998.00 $ 1,998.00 Change Order No. 2 $ 8,328.00 Original Contract Amount ……………..$ 140,361.50 Change Order No. 1 ……………..$ 0.00 Change Order No. 2 ……………..$ 8,328.00 Revised Contract Amount ……………..$ 148,689.50 The Above Change Order Accepted: The Diamond Engineering Company By____________________________________Date_______________________ Approval Recommended: By______________________________________________Date________________ John Collins PE, Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 9/26/2017 Page 203 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-264 WHEREAS, on April 25, 2017, via Resolution 2017-127, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $140,361.50 for North Broadwell Avenue Drainage Project No. 2017-D-3; and WHEREAS, on August 22, 2017, via Resolution No. 2017-235, City Council approved Changer Order No. 1 to allow for a contract extension to December 15, 2017, with no contract amount modification; and WHEREAS, in order to address a water main conflict additional labor and material is necessary; and WHEREAS, Change Order No. 2 covers all work required to insulate the water main near the Broadwell Avenue drainage pipe; and WHEREAS, the extra work adds a total cost of $8,328.00 to the project, resulting in a revised contract amount of $148,689.50; and WEREAS, such change order is necessary to proceed with the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska in the amount of $8,328.00 for North Broadwell Avenue Drainage Project No. 2017-D-3. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 204 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item G-14 #2017-265 - Approving Annual Payment for Utility Billing Software Support Staff Contact: Renae Jimenez, Finance Director Grand Island Council Session - 9/26/2017 Page 205 / 213 Council Agenda Memo From:Renae Jimenez, Finance Director Meeting:September 26, 2017 Subject:Approving Annual Payment for Utility Billing Software Support Presenter(s):Renae Jimenez, Finance Director Background On July 9, 2013, Council approved the purchase and implementation of Advanced Utility Systems CIS Infinity software solution for Utility Billing via resolution 2013-227. This software serves as the billing platform for the Electric, Water and Wastewater funds within the City of Grand Island. The system officially went live on April 1, 2015. Discussion The total cost for the period of 10/1/2017 to 9/30/2018 is $73,130.89 (4.99% increase). This includes annual maintenance support for CIS Infinity, the core software, and Infinity.Link, the online payment website. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2017-2018 invoice from AUS for software support and licensing. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the Annual Utility Billing Support Invoice in the amount of $73,130.89. Sample Motion Move to approve the Annual Utility Billing Support Invoice from Advanced Utility Systems. Grand Island Council Session - 9/26/2017 Page 206 / 213 Grand Island Council Session - 9/26/2017 Page 207 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney R E S O L U T I O N 2017-265 WHEREAS, on July 9, 2013, by Resolution 2013-227, the City of Grand Island approved the proposal of N. Harris Computer Corporation, dba Advanced Utility Systems, to implement new utility billing software; and WHEREAS, in order to receive continued maintenance support from the company, it is necessary to make annual payments to Advanced Utility Systems; and WHEREAS, the cost for the period of October 1, 2017 to September 30, 2018 for CIS Infinity support is $61,108.13; and WHEREAS, the cost for the period of October 1, 2017 to September 30, 2018 for Infinity.Link support is $12,022.76. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the payment to Advanced Utility System for Annual Maintenance Support in the amount of $73,130.89 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 208 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item I-1 #2017-266 - Consideration of Benefits for Sanitary Sewer District No. 538T; North Engleman Road This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/26/2017 Page 209 / 213 Approved as to Form ¤ ___________ September 22, 2017 ¤ City Attorney This Space Reserved for Register of Deeds RESOLUTION NO. 2017-266 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No. 2017-BE-6 shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at time such property becomes connected to the sanitary sewer main. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 538T, such benefits are the sums set opposite the descriptions as follows: Parcel No.Owner Legal Description Assessment by Frontage 400495604 Randall J Skarka Trustee Brenda S Janicek-Skarka Trustee Lot 1, Miracle Valley Second Subdivision $ 10,949.87 400149613 Jack Voss Wilma Voss Misc Tracts 2-11-10 XC School Part W ½ SW ¼, 1.5 Acres $ 10,949.87 400165102 Hope E Nelsen Lot 1, Hope Valley Subdivision $ 5,474.94 400165103 Hope E Nelsen Lot 2, Hope Valley Subdivision $ 5,474.94 400165104 Elliot Schneider June S Schneider Lot 2, Jack Voss Horse Country Club Fourth Subdivision $ 10,949.87 $ 43,799.49 --- Grand Island Council Session - 9/26/2017 Page 210 / 213 RESOLUTION NO. 2017-266 (Cont.) - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/26/2017 Page 211 / 213 5#0+6#4;5'9'46#2&+564+%66':*+$+6#.')'0&Grand IslandCouncil Session - 9/26/2017Page 212 / 213 City of Grand Island Tuesday, September 26, 2017 Council Session Item J-1 Approving Payment of Claims for the Period of September 13, 2017 through September 26, 2017 The Claims for the period of September 13, 2017 through September 26, 2017 for a total amount of $8,145,173.41. A MOTION is in order. Staff Contact: Renae Jimenez Grand Island Council Session - 9/26/2017 Page 213 / 213