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02-26-2019 City Council Regular Meeting Packet City of Grand Island Tuesday, February 26, 2019 Council Session Agenda City Council: Jason Conley Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Mark Stelk Mayor: Roger G. Steele City Administrator: Brent Clark City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 2/26/2019 Page 1 / 232 City of Grand Island Tuesday, February 26, 2019 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 George Jones, Church of God of Prophecy, 1620 N. Broadwell Avenue 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 - 2/26/2019 Page 2 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item D-1 #2019-BE-3 - Consideration of Determining Benefits for Lot One (1) Rowe Second Subdivision in Water Main District 421T Council action will take place under Consent Agenda item G-5. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/26/2019 Page 3 / 232 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:February 26, 2019 Subject:Water Main District 421T – Rowe Second Subdivision Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 421T was originally created to provide municipal water service to the area along Stolley Park Road from Freedom Drive to Engleman Road, and along Engleman Road from Stolley Park Road to Highway 30. All construction was completed, placed in service and incorporated into the City system. In March 1999, the City Council sat as a Board of Equalization to establish the fees for each property within the district’s boundary. The district was done as a connection fee (tap district where customers are not charged for the cost of the main until they “tap” the main for service. The total cost for construction was $302,957.85. The fees for properties connecting to the water main were based on taking the total chargeable amount of $194,877.55 and dividing it by the district’s footage of 12,992.1 feet. This established a fee of $14.999719 per front foot, which is collected when the property owners begin receiving City service. The remaining amount of $108,080.30 was a cost to the Utilities Department for over- sizing the main to meet existing and future system usage, pressure demands, and fire flow requirements. Discussion Gary P. Rowe and Dee Rowe, husband and wife, are owners of a recently subdivided tract of land, being Lot One (1), Rowe Second Subdivision, consisting of a single residential lot. The subdivision is on the west side of Engleman Road and north of the West Park Plaza Mobile Home Park. At the time District 421T was constructed, the property was not within the district’s boundary. The Rowe’s are building a home on their property and desire to connect to the City water main. Due to the new configuration of the property and with its access to the existing water main in Engleman Road, it is necessary to establish the appropriate connection fee. Grand Island Council Session - 2/26/2019 Page 4 / 232 It is recommended the connection fee for Lot One (1) Rowe Second Subdivision be established as: 30 linear feet frontage x $14.999719 per front foot = $499.99 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 sit as a Board of Equalization to establish the connection fee for Lot One (1), Rowe Second Subdivision within Water Main District 421T, in the City of Grand Island, Hall County, Nebraska. Sample Motion Move to sit as a Board of Equalization to establish the connection fee for Lot One (1), Rowe Second Subdivision within Water Main District 421T. Grand Island Council Session - 2/26/2019 Page 5 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-BE-3 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 421T, Lot One (1) Rowe Second Subdivision, after due notice have been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $499.99; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Water Main District 421T such benefits are the sums set opposite the descriptions as follows: Name Parcel No.Description Connection Fee Gary P. and Dee Rowe 400201269 A tract of land comprising a part of the East Half of the Northeast Quarter (E ½, NE ¼) of Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: First to ascertain the point of beginning, start at the southeast corner of said East Half of the Northeast Quarter (E ½, NE ¼); thence N00o09’46”E, along and upon the east line of said East Half of the Northeast Quarter (E ½ NE ¼), a distance of Three Hundred Ninety and Ninety Eight Hundredth (390.98) feet to the ACTUAL point of beginning; thence S89o59’41”W, a distance of Six Hundred Fifty Nine and Sixty Two Hundredth (659.62) feet; thence S00o12’31”W, a distance of Three Hundred Ninety One and Seventy Six Hundredth (391.76) feet to a point on the south line said East Half of the Northeast Quarter (E ½ NE ¼); thence N89o55’40”E, along and upon the south line of said East Half of the Northeast Quarter (E ½ NE ¼), a distance of Three Hundred Twenty Nine and ninety Seven Hundredths (329.97) feet to the southwest corner of Lot One (1), Rowe Subdivision in the City of Grand Island, Hall County, Nebraska; thence N00o11’12”E, along and upon the west line of Lots One (1) and Two (2), of said Rowe Subdivision, a distance of Three Hundred Sixty One and Forty Nine Hundredths (361.49) feet to the northwest corner of Lot Two (2), of said Rowe Subdivision; thence S89o59’04”E, along and upon the north line of Lot Two (2), of said Rowe Subdivision and it’s easterly prolongation, a distance of Three Hundred Twenty Nine and Eight Two $499.99 Grand Island Council Session - 2/26/2019 Page 6 / 232 - 2 - Hundredths (329.82) feet to a point on the east line of said East Half of the Northeast Quarter (E ½ NE ¼); thence N00o09’46”E, along and upon the east line of said East Half of the Northeast Quarter (E ½ NE ¼), a distance of Thirty (30.00) feet to the ACTUAL point of beginning and containing 3.192 acres, more of less. Total connection fee $499.99 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 Lot One (1) Rowe Second Subdivision, in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water 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, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 7 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item E-1 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 1 located at 112 East 3rd Street (Wing Properties, Inc.) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 2/26/2019 Page 8 / 232 Council Agenda Memo From:Chad Nabity, AICP Meeting:February 26, 2019 Subject:Site Specific Redevelopment Plan for CRA Area #1 Presenter(s):Chad Nabity, AICP CRA Director Background In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation including demolition, landscaping and parking. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Wing Properties, Inc. has submitted an application for tax increment financing to aid in the redevelopment of property on the 112 E. 3rd Street the center portion of the old Williamsons Interiors Building. The proposal would redevelop commercial space on the main floor and a single apartment on the second floor of the building. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on January 9, 2019 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on February 6, 2019. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on February 6, 2019. The Planning Commission approved Resolution 2019-05 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 297 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Grand Island Council Session - 2/26/2019 Page 9 / 232 Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for redevelopment for improvements to and rehabilitation of main floor of this building for commercial and residential purposes The cost benefit analysis included in the plan finds that this project meets the statutory requirements for an eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project will be issued for a period of 15 years. The proposed bond for this project will be issued for the amount of $105,095. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 2/26/2019 Page 10 / 232 Redevelopment Plan Amendment Grand Island CRA Area 1 January 2018 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 1. Executive Summary: Project Description THE REDEVELOPMENT OF A PORTION OF THE OLD WILLIAMSON INTERIORS BUILDING LOCATED AT 112 E. 3RD STREET FOR COMMERCIAL AND RESIDENTIAL USES, INCLUDING ACQUISTION, FIRE/LIFE SAFETY IMPROVEMENTS AND BUILDING REHABILITATION AND REMODELING. The use of Tax Increment Financing to aid in rehabilitation expenses associated with redevelopment of the first floor the center portion of the Old Williamson Interiors building located at 112 E. 3rd street for 2,650 square foot of commercial space on the main floor and one apartment on the second floor. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project profitable. The project will result in renovating the second floor into a upper story residential unit consistent with the plans approved by the Downtown Business Improvement District and the Grand Island City Council. The first floor will be renovated for street level commercial space. This project would not be feasible without the use of TIF. Wing Properties purchased this building in 2014 and has been renovating the building in phases since that time. The proportional cost of this building was $90,000 at the time of purchase. The purchase price is included as an eligible TIF activity. This portion building is currently vacant. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the remodeling and rehabilitation of this building. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2020 towards the allowable costs and associated financing for rehabilitation. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: The west third of Lot Seven (7) in Block Fifty Four (54) in the Original Town, now City of Grand Island, Hall County, Nebraska. (Hall County Assessor Parcel Number 400004240) Grand Island Council Session - 2/26/2019 Page 11 / 232 Existing Land Use and Subject Property Grand Island Council Session - 2/26/2019 Page 12 / 232 The tax increment will be captured for the tax years the payments for which become delinquent in years 2020 through 2034 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from rehabilitation of this portion of the building for commercial and residential uses as permitted in the B3 Heavy Business Zoning District. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise,such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on December 19, 2000.[§18-2109] Such Grand Island Council Session - 2/26/2019 Page 13 / 232 declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to rehabilitate the building for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on February 6, 2019 and passed Resolution 2019-05 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. The Grand Island Public School District has submitted a formal request to the Grand Island CRA to notify the District any time a TIF project involving a housing subdivision and/or apartment complex is proposed within the District. The school district was notified of this plan amendment at the time it was submitted to the CRA for initial consideration. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area 1 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. Demotion of internal structures to accommodate the redevelopment is anticipated and permitted. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for Downtown Commercial development; this includes housing and commercial uses within the same structure. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 2/26/2019 Page 14 / 232 City of Grand Island Future Land Use Map Grand Island Council Session - 2/26/2019 Page 15 / 232 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is rehabilitating the existing building. The developer is not proposing to increase the size of the building and current building meets the applicable regulations regarding site coverage and intensity of use. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. . Electric utilities are sufficient for the proposed use of this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. Tom Gdowski, is President of Equitable bank and most likely will be part of the bank approval of a loan for this project. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer purchased this property along with adjoining properties for $275,000 in 2014. The proportional cost for this portion that is eligible for TIF is $90,000. The Grand Island Council Session - 2/26/2019 Page 16 / 232 estimated costs of rehabilitation of this property is $349,790 planning related expenses for Architectural and Engineering services of $15,000 and are included as a TIF eligible expense. Legal, Developer and Audit Fees of $12,000 including a reimbursement to the City and the CRA of $5,600 are included as TIF eligible expense. The total of eligible expenses for this project exceeds $560,000. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $105,095 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. It is anticipated that 80% of the total TIF amount ($84.076) will be available to the developer at the beginning of this project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2021 through December 2034. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of both the Downtown Business Improvement District and the Grand Island City Council of increasing the number of residential units available in the Downtown area and refurbish street level commercial space that has been vacant for several years. Grand Island Council Session - 2/26/2019 Page 17 / 232 8. Time Frame for Development Development of this project is anticipated to be completed between March 2019 and December of 2019. Excess valuation should be available for this project for 15 years beginning with the 2020 tax year. 9. Justification of Project This is an historic building in downtown Grand Island that will be preserved with this project. The addition of a new residential unit is consistent with goals to build 50 new residential units in downtown Grand Island by 2019 and with the goals of the 2014 Grand Island housing study and Grow Grand Island. The primary use of the street level space for commercial development is consistent with the long term development plans for Downtown. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $105,095 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. The CRA has also approved a $20,000 life safety grant for this property. This property represents 1/3 of the front of the building(s) that received a façade improvement grant in the amount of $167,016 in 2015 at total of $55,062 was invested by the CRA in the façade. The total CRA investment in this property including TIF and grants is $180,757. This investment by the Authority will leverage $384,769 in private sector financing; a private investment of $2.14 for every TIF and grant dollar invested. Grand Island Council Session - 2/26/2019 Page 18 / 232 Use of Funds Source of Funds. Description TIF Funds Other Grants Private Funds Total Site Acquisition $90,000 _$0 $90,000 Legal and Plan* $5,600 $6,400 $12,000 Engineering/Arch $9,495 $5,505 $15,000 Financing $6,000 $6,000 Renovation $349,790 $349,790 Life Safety $20,000 $20,000 Façade $55,062 $55,062 Contingency $34,979 $34,979 TOTALS $105,095 $75,062 $384,769 $564,926 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2019, valuation of approximately $50,521. Based on the 2017 levy this would result in a real property tax of approximately $1,138. It is anticipated that the assessed value will increase by $311,000 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $7,006 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2018 assessed value: $ 50,521 Estimated value after completion $ 361,569 Increment value $ 311,048 Annual TIF generated (estimated) $ 7,006 TIF bond issue $ 105,095 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $50,521. The proposed redevelopment will create additional valuation of $311,000. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; Grand Island Council Session - 2/26/2019 Page 19 / 232 No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools in any significant way. Fire and police protection are available and should not be negatively impacted by this development. The addition of life safety elements to this building including fire sprinklers and a second exit actually reduce the chances of negative impacts to the fire department. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional housing and commercial space options in the downtown area consistent with the planned development in Downtown Grand Island. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers in any manner different from any other expanding business within the Grand Island area. This will provide housing options for employees of Downtown businesses that wish to live Downtown and will refurbish Downtown commercial space. (e) Impacts on student populations of school districts within the City or Village: This development will have a minimal impact on the Grand Island School system as it will likely not result in any increased attendance. The average number of persons per household in Grand Island for 2012 to 2016 according the American Community Survey is 2.65. One additional household in this unit would be unlike to house more than six people. According to the 2010 census 19.2% of the population of Grand Island was between the ages of 5 and 18. If the averages hold it would be expected that there would be one additional school age children generated by this development. It is highly unlikely that there would be more than four school age children housed at this location. According to the National Center for Educational Statistics1 the 2015-16 enrollment for GIPS was 9,698 students and the cost per student in 2013-14 was $12,343 of that $5,546 is generated locally. This project is unlikely to have a significant impact on the school age population within the district or within any specific school in the district.. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Grand Island Council Session - 2/26/2019 Page 20 / 232 This project is consistent the goals of the Council, the Downtown BID, the CRA, and Grow Grand Island to create additional housing units in downtown Grand Island. Time Frame for Development Development of this project is anticipated to be completed during between March of 2019 and December of 2019. The base tax year should be calculated on the value of the property as of January 1, 2019. Excess valuation should be available for this project for 15 years beginning in 2020 with taxes due in 2021. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $105,095 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $540,000 on TIF eligible activities in excess of other grants given. Grand Island Council Session - 2/26/2019 Page 21 / 232 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: Wing Properties Address: 120 East 3rd Telephone No.: 308-398-2500 Fax No.: Contact: Dean Pegg Brief Description of Applicant’s Business: Wing Properties is a real estate development company. Present Ownership Proposed Project Site: Wing Properties. Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. 2,659 s.f. main floor 2,659 s.f. second floor, wood framed two story mixed use building, formerly part of Williamsons Interior. If Property is to be Subdivided, Show Division Planned: Grand Island Council Session - 2/26/2019 Page 22 / 232 VI. Estimated Project Costs: Acquisition Costs: A. Land $ 0 B. Building $ 90,000 Construction Costs: A. Renovation or Building Costs: $ 349,790 B. On-Site Improvements: $ re-platting, demo, asbestos removal, tree removal, etc. Soft Costs: A. Architectural & Engineering Fees: $15,000 B. Financing Fees: $ 6,000 Closing costs, filing fees C. Legal/Developer/Audit Fees: $ 6,000 D. Contingency Reserves: $ 34,979 E. Other (Please Specify) TIF fees $6,000 TOTAL $507,769 Total Estimated Market Value at Completion: $ 323,277 Source of Financing: A. Developer Equity: $ 90,000 B. Commercial Bank Loan: $ 313,693 Tax Credits: 1. N.I.F.A. $ 2. Historic Tax Credits $ D. Industrial Revenue Bonds: $ E. Tax Increment Assistance: $ 84,076 F. Other Life Safety Grant $20,000 Grand Island Council Session - 2/26/2019 Page 23 / 232 Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: General Contractor: John Anson, Peaceful Root 217 N Locust ste. 5 Grand Island, NE 68801 308-227-2647 Structural Engineer: Mike Spilinek, Olsson Associates 201 E. Second Street Grand Island, NE 68801 308-384-8750 Architect: Toby Gay, Gay and Associates, 1470 31st ave. Columbus Ne 68601 Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) See attached Project Construction Schedule: Construction Start Date: Q1 2019 Construction Completion Date: Q4 2019 If Phased Project: Year 50 % Complete Year 50% Complete XII. Please Attach Construction Pro Forma XIII. Please Attach Annual Income & Expense Pro Forma (With Appropriate Schedules) TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: Wing Properties is asking for $105,095 in TIF. The purpose for the request is to get a loan against the TIF bond for construction. This will allow the project to cash flow and therefore be a success. Grand Island Council Session - 2/26/2019 Page 24 / 232 Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: Without TIF assistance the project will not cash flow and therefore will not be a successful business venture. See attached pro forma. Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: NA Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Grand Island Council Session - 2/26/2019 Page 25 / 232 TIF Calculations 2017 Assessed Value Finished Value Increment 50,521$ 361,569$ 311,048$ Tax Entity Bond 2017 Levy 2017 Base Taxes Total Tax Entity Bond 2017 Levy 2017 Taxes City Levy 0.349845 $177 City Levy 0.349845 $1,088 City Bond 0.025768 $13 $190 City Bond 0.025768 $80 CRA 0.02243 $11 $11 CRA 0.02243 $70 Hall County 0.390571 $197 $197 Hall County 0.390571 $1,215 Rural Fire $0 Rural Fire $0 Fire Bond* $0 $0 Fire Bond* $0 GIPS School 1.08 $546 GIPS School 1.08 $3,359 2nd Bond 0.06834 $35 2nd Bond 0.06834 $213 4th Bond 0.034813 $18 4th Bond 0.034813 $108 5th Bond 0.109327 $55 $652.97 5th Bond 0.109327 $340 ESU 10 0.012375 $6 $6 ESU 10 0.012375 $38 CCC 0.094302 $48 $48 CCC 0.094302 $293 CPNRD 0.03239 $16 $16 CPNRD 0.03239 $101 Ag Society 0.002828 $1 $1 Ag Society 0.002828 $9 Airport 0.009564 $5 Airport 0.009564 $30 Airport Bond 0.019938 $10 $15 Airport Bond 0.019938 $62 2.252491 $1,138 $1,138 2.252491 $7,006 Years 15 Total Incr $105,094.92 Total Combined Total Combined Grand Island Council Session - 2/26/2019 Page 26 / 232 PROFORMA WITH TIF PROFORMA WITHOUT TIF USE OF FUNDS TOTAL USE OF FUNDS TOTAL PURCHASE OF BUILDING $90,000 PURCHASE OF BUILDING $90,000 CONSTRUCTION $349,790 CONSTRUCTION $349,790 CONTINGENCY $34,979 CONTINGENCY $34,979 TENANT ALLOWANCE $0 TENANT ALLOWANCE $0 A&E $15,000 A&E $15,000 SOFT COSTS $18,000 SOFT COSTS $18,000 TOTAL $507,769 TOTAL $507,769 SOURCE OF FUNDS SOURCE OF FUNDS BANK 2220 $313,693 BANK 2220 $397,769 TIF LOAN 1431 $84,076 TIF LOAN 1431 $0 FEDERAL HISTORIC TAX CREDITS 1421 $0 FEDERAL HISTORIC TAX CREDITS 1421 $0 STATE HISTORIC TAX CREDITS 1327 $0 STATE HISTORIC TAX CREDITS 1327 $0 LIFE SAFETY GRANT $20,000 LIFE SAFETY GRANT $20,000 OWNER EQUITY $90,000 OWNER EQUITY $90,000 TOTAL $507,769 TOTAL $507,769 OPERATING PROFORMA OPERATING PROFORMA ANNUAL RENTAL INCOMEAVG/RENT 735 ANNUAL RENTAL INCOMEAVG/RENT 3 Bed Apt 0 $26,400 804 3 Bed Apt 0 $26,400 Commercial 0 $26,400 824 Commercial 0 $26,400 6399 $0 673 6399 $0 1431 $0 1431 $0 4968 $0 595 4968 $0 GROSS INCOME $52,800 GROSS INCOME $52,800 VACANCY $3,168 0.06 VACANCY $3,168 0.06 DSCR 1.20 EXPENSES $20,537 0.224 DSCR 0.94 EXPENSES $20,537 0.224 $23,705 $23,705 NET OPERATING INCOME $29,095 NET OPERATING INCOME $29,095 DEBT SERVICE $24,326 DEBT SERVICE $30,846 CASH FLOW $4,769 CASH FLOW ($1,751) Grand Island Council Session - 2/26/2019 Page 27 / 232 EXPENSES Property Taxes $7,006 BID Taxes $133 Parking Taxes $202 Insurance $2,900 Utilities $3,960 Management $3,168 Maintnance $3,168 Total $20,537 Grand Island Council Session - 2/26/2019 Page 28 / 232 CONSTRUCTION COSTS Permit $2,817 Demo $16,000 Windows $8,800 Elevator Pit $0 Carpentry $17,230 Materials $77,777 Roof $7,500 Plumbing $21,600 HVAC $14,400 Electric $24,000 Insulation $5,401 DW Hang $9,309 DW finish $10,943 Paint $10,338 Trim Labor $8,615 Cabinets $2,000 Countertops $6,000 Flooring allowance $29,176 Lighting allowance $1,200 Electronics $0 Fire sprinklers $21,059 Fire service $0 Concrete $0 Deck $0 Millwork/Tin ceiling $0 Elevator $0 Stairs (outdoor)$0 Entry system $0 Camera's $0 Fire Alarm $0 Existing stairway rehab $2,000 Misc $5,000 Appliances $3,000 Sub Total $304,165 Overhead & Profit $45,625 Total $349,790 Grand Island Council Session - 2/26/2019 Page 29 / 232 Grand Island Council Session - 2/26/2019 Page 30 / 232 Grand Island Council Session - 2/26/2019 Page 31 / 232 Grand Island Council Session - 2/26/2019 Page 32 / 232 Grand Island Council Session - 2/26/2019 Page 33 / 232 Grand Island Council Session - 2/26/2019 Page 34 / 232 Grand Island Council Session - 2/26/2019 Page 35 / 232 Grand Island Council Session - 2/26/2019 Page 36 / 232 Grand Island Council Session - 2/26/2019 Page 37 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item E-2 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 1 located at 110 West 2nd Street (Rawr Holdings, LLC) Council action will take place under Resolutions item I-2. Staff Contact: Chad Nabity Grand Island Council Session - 2/26/2019 Page 38 / 232 Council Agenda Memo From:Chad Nabity, AICP Meeting:February 26, 2019 Subject:Site Specific Redevelopment Plan for CRA Area #1 Presenter(s):Chad Nabity, AICP CRA Director Background In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation including demolition, landscaping and parking. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Rawr Holdings, LLC has submitted an application for tax increment financing to aid in the redevelopment of property on the 110 W. 2nd Street the old GI Music Building. The proposal would redevelop commercial space on the main floor and a two apartments on the second floor of the building. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on January 9, 2019 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on February 6, 2019. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on February 6, 2019. The Planning Commission approved Resolution 2019-06 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 298 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Grand Island Council Session - 2/26/2019 Page 39 / 232 Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for redevelopment for improvements to and rehabilitation of main floor of this building for commercial and residential purposes. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for an eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project will be issued for a period of 15 years. The proposed bond for this project will be issued for the amount of $75,031. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 2/26/2019 Page 40 / 232 Redevelopment Plan Amendment Grand Island CRA Area 1 January 2018 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 1. Executive Summary: Project Description THE REDEVELOPMENT OF A PORTION OF THE GI MUSIC BUILDING LOCATED AT 110 W. 2ND STREET FOR COMMERCIAL AND RESIDENTIAL USES, INCLUDING ACQUISTION, FIRE/LIFE SAFETY IMPROVEMENTS AND BUILDING REHABILITATION AND REMODELING. The use of Tax Increment Financing to aid in rehabilitation expenses associated with redevelopment of the first floor the center portion of the G.I. Music building located at 110 W. 2nd street for 5,808 square foot of commercial space on the main floor and two apartments on the second floor. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project profitable. The project will result in renovating the second floor into two upper story residential units consistent with the plans approved by the Downtown Business Improvement District and the Grand Island City Council. The first floor will be renovated for street level commercial space. This project would not be feasible without the use of TIF. Rawr Holdings LLC purchased this building in 2018. The building was purchased for $120,000 at the time of purchase. The purchase price is included as an eligible TIF activity. This building is currently vacant. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the remodeling and rehabilitation of this building. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2020 towards the allowable costs and associated financing for rehabilitation. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: The east two thirds of Lot Seven (7) in Block Sixty Six (66) in the Original Town, now City of Grand Island, Hall County, Nebraska. (Hall County Assessor Parcel Number 400005719) Grand Island Council Session - 2/26/2019 Page 41 / 232 Existing Land Use and Subject Property Grand Island Council Session - 2/26/2019 Page 42 / 232 The tax increment will be captured for the tax years the payments for which become delinquent in years 2020 through 2034 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from rehabilitation of this portion of the building for commercial and residential uses as permitted in the B3 Heavy Business Zoning District. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise,such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on December 19, 2000.[§18-2109] Such Grand Island Council Session - 2/26/2019 Page 43 / 232 declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to rehabilitate the building for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on February 6, 2019 and passed Resolution 2019-06 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. The Grand Island Public School District has submitted a formal request to the Grand Island CRA to notify the District any time a TIF project involving a housing subdivision and/or apartment complex is proposed within the District. The school district was notified of this plan amendment at the time it was submitted to the CRA for initial consideration. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area 1 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. Demotion of internal structures to accommodate the redevelopment is anticipated and permitted. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for Downtown Commercial development; this includes housing and commercial uses within the same structure. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 2/26/2019 Page 44 / 232 City of Grand Island Future Land Use Map Grand Island Council Session - 2/26/2019 Page 45 / 232 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is rehabilitating the existing building. The developer is not proposing to increase the size of the building and current building meets the applicable regulations regarding site coverage and intensity of use. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. . Electric utilities are sufficient for the proposed use of this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer purchased this property for $120,000 in 2019. The estimated costs of rehabilitation of this property is $437,604 planning related expenses for Architectural and Engineering services of $15,000 and are included as a TIF eligible expense. Legal, Developer and Audit Fees of $12,000 including a reimbursement to the City and the CRA Grand Island Council Session - 2/26/2019 Page 46 / 232 of $5,600 are included as TIF eligible expense. The total of eligible expenses for this project exceeds $584,000. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $75,031 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. It is anticipated that 90% of the total TIF amount ($67,529) will be available to the developer at the beginning of this project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2021 through December 2034. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of both the Downtown Business Improvement District and the Grand Island City Council of increasing the number of residential units available in the Downtown area and refurbish street level commercial space that has been vacant/underutilized for several years. 8. Time Frame for Development Grand Island Council Session - 2/26/2019 Page 47 / 232 Development of this project is anticipated to be completed between March 2019 and December of 2019. Excess valuation should be available for this project for 15 years beginning with the 2020 tax year. 9. Justification of Project This is an historic building in downtown Grand Island that will be preserved with this project. The addition of a new residential unit is consistent with goals to build 50 new residential units in downtown Grand Island by 2019 and with the goals of the 2014 Grand Island housing study and Grow Grand Island. The primary use of the street level space for commercial development is consistent with the long term development plans for Downtown. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $75,031 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. The CRA has also approved a $35,000 life safety grant for this property based on the plan to create two upper story residential units The total CRA investment in this property including TIF and grants is $110,031. This investment by the Authority will leverage $559,344 in private sector financing; a private investment of $5.08 for every TIF dollar invested. Grand Island Council Session - 2/26/2019 Page 48 / 232 Use of Funds Source of Funds. Description TIF Funds Other Grants Private Funds Total Site Acquisition $75,031 _$44,969 $120,000 Legal and Plan* $12,000 $12,000 Engineering/Arch $15,000 $15,000 Financing $6,000 $6,000 Renovation $437,604 $437,604 Life Safety $35,000 $35,000 Façade $0 Contingency $43,761 $43,761 TOTALS $75,031 $35,000 $599,344 $669,365 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2019, valuation of approximately $91,284. Based on the 2017 levy this would result in a real property tax of approximately $2,056. It is anticipated that the assessed value will increase by $222,071 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $5,002 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2018 assessed value: $ 91,284 Estimated value after completion $ 313,355 Increment value $ 222,071 Annual TIF generated (estimated) $ 5,002 TIF bond issue $ 75,031 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $91,284. The proposed redevelopment will create additional valuation of $222,000. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; Grand Island Council Session - 2/26/2019 Page 49 / 232 No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools in any significant way. Fire and police protection are available and should not be negatively impacted by this development. The addition of life safety elements to this building including fire sprinklers and a second exit actually reduce the chances of negative impacts to the fire department. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional housing and commercial space options in the downtown area consistent with the planned development in Downtown Grand Island. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers in any manner different from any other expanding business within the Grand Island area. This will provide housing options for employees of Downtown businesses that wish to live Downtown and will refurbish Downtown commercial space. (e) Impacts on student populations of school districts within the City or Village: This development will have a minimal impact on the Grand Island School system as it will likely not result in any increased attendance. The average number of persons per household in Grand Island for 2012 to 2016 according the American Community Survey is 2.65. Two additional households in these units would be unlike to house more than six people. According to the 2010 census 19.2% of the population of Grand Island was between the ages of 5 and 18. If the averages hold it would be expected that there would be one additional school age children generated by this development. It is highly unlikely that there would be more than three school age children housed at this location. According to the National Center for Educational Statistics1 the 2015-16 enrollment for GIPS was 9,698 students and the cost per student in 2013-14 was $12,343 of that $5,546 is generated locally. This project is unlikely to have a significant impact on the school age population within the district or within any specific school in the district.. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Grand Island Council Session - 2/26/2019 Page 50 / 232 This project is consistent the goals of the Council, the Downtown BID, the CRA, and Grow Grand Island to create additional housing units in downtown Grand Island. Time Frame for Development Development of this project is anticipated to be completed during between March of 2019 and December of 2019. The base tax year should be calculated on the value of the property as of January 1, 2019. Excess valuation should be available for this project for 15 years beginning in 2020 with taxes due in 2021. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $75,031 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $555,000 on TIF eligible activities in excess of other grants given. Grand Island Council Session - 2/26/2019 Page 51 / 232 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: Rawr Holdings LLC Address: 110 West 2nd Telephone No.: 308-379-0354 Fax No.: Contact: Travis Spiehs Brief Description of Applicant’s Business: Rawr Holdings is a real estate development company. Present Ownership Proposed Project Site: Rawr Holdings LLC. Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. 5,808 s.f. main floor 2,156 s.f. second floor, wood framed/ brick two story mixed use building, formerly the G.I. Music building. If Property is to be Subdivided, Show Division Planned: Grand Island Council Session - 2/26/2019 Page 52 / 232 VI. Estimated Project Costs: Acquisition Costs: A. Land $ 0 B. Building $ 120,000 Construction Costs: A. Renovation or Building Costs: $437,604 B. On-Site Improvements: $ re-platting, demo, asbestos removal, tree removal, etc. Soft Costs: A. Architectural & Engineering Fees: $15,000 B. Financing Fees: $ 6,000 Closing costs, filing fees C. Legal/Developer/Audit Fees: $ 6,000 D. Contingency Reserves: $ 43,761 E. Other (Please Specify) TIF fees $6,000 TOTAL $634,365 Total Estimated Market Value at Completion: $ 372,186 Source of Financing: A. Developer Equity: $ 165,000 B. Commercial Bank Loan: $ 344,956 Tax Credits: 1. N.I.F.A. $ 0 2. Historic Tax Credits $ 0 D. Industrial Revenue Bonds: $ 0 E. Tax Increment Assistance: $ 67,529 F. Other Life Safety Grant $35,000 Grand Island Council Session - 2/26/2019 Page 53 / 232 Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: General Contractor: John Anson, Peaceful Root 217 N Locust ste. 5 Grand Island, NE 68801 308-227-2647 Structural Engineer: Mike Spilinek, Olsson Associates 201 E. Second Street Grand Island, NE 68801 308-384-8750 Architect: Toby Gay, Gay and Associates, 1470 31st ave. Columbus Ne 68601 Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) See attached Project Construction Schedule: Construction Start Date: Q1 2019 Construction Completion Date: Q4 2019 If Phased Project: Year 50 % Complete Year 50% Complete XII. Please Attach Construction Pro Forma XIII. Please Attach Annual Income & Expense Pro Forma (With Appropriate Schedules) TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: Rawr Holdings LLC is asking for $75,031 in TIF. The purpose for the request is to get a loan against the TIF bond for construction. This will allow the project to cash flow and therefore be a success. Grand Island Council Session - 2/26/2019 Page 54 / 232 Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: Without TIF assistance the project will not cash flow and therefore will not be a successful business venture. See attached pro forma. Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: NA Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Grand Island Council Session - 2/26/2019 Page 55 / 232 2017 Assessed Value Finished Value Increment 91,284$ 313,355$ 222,071$ Tax Entity Bond 2017 Levy 2017 Base Taxes Total Tax Entity Bond 2017 Levy 2017 Taxes City Levy 0.349845 $319 City Levy 0.349845 $777 City Bond 0.025768 $24 $343 City Bond 0.025768 $57 CRA 0.02243 $20 $20 CRA 0.02243 $50 Hall County 0.390571 $357 $357 Hall County 0.390571 $867 Rural Fire $0 Rural Fire $0 Fire Bond*$0 $0 Fire Bond*$0 GIPS School 1.08 $986 GIPS School 1.08 $2,398 2nd Bond 0.06834 $62 2nd Bond 0.06834 $152 4th Bond 0.034813 $32 4th Bond 0.034813 $77 5th Bond 0.109327 $100 $1,179.83 5th Bond 0.109327 $243 ESU 10 0.012375 $11 $11 ESU 10 0.012375 $27 CCC 0.094302 $86 $86 CCC 0.094302 $209 CPNRD 0.03239 $30 $30 CPNRD 0.03239 $72 Ag Society 0.002828 $3 $3 Ag Society 0.002828 $6 Airport 0.009564 $9 Airport 0.009564 $21 Airport Bond 0.019938 $18 $27 Airport Bond 0.019938 $44 2.252491 $2,056 $2,056 2.252491 $5,002 Years 15 Total Incr $75,031.94 Total Combined Total Combined Grand Island Council Session - 2/26/2019 Page 56 / 232 CONSTRUCTION COSTS Permit $3,325 Demo $0 Windows $4,000 Elevator Pit $0 Carpentry $17,670 Materials $75,838 Roof $38,000 Plumbing $28,600 HVAC $26,400 Electric $27,000 Insulation $10,472 DW Hang $7,886 DW finish $9,961 Paint $12,689 Trim Labor $9,790 Cabinets $7,253 Countertops $2,000 Flooring allowance $23,550 Lighting allowance $1,200 Electronics $0 Fire sprinklers $21,141 Fire service $15,000 Concrete $20,000 Deck $0 Millwork/Tin ceiling $0 Elevator $0 Stairs (outdoor)$0 Entry system $5,000 Camera's $2,000 Fire Alarm $0 Existing stairway rehab $0 Misc $8,000 Appliances $3,750 Sub Total $380,525 Overhead & Profit $57,079 Total $437,603 Grand Island Council Session - 2/26/2019 Page 57 / 232 PROFORMA WITH TIF PROFORMA WITHOUT TIF USE OF FUNDS TOTAL USE OF FUNDS TOTAL PURCHASE OF BUILDING $120,000 PURCHASE OF BUILDING $120,000 CONSTRUCTION $437,604 CONSTRUCTION $437,604 CONTINGENCY $21,881 CONTINGENCY $21,881 TENANT ALLOWANCE $0 TENANT ALLOWANCE $0 A&E $15,000 A&E $15,000 SOFT COSTS $18,000 SOFT COSTS $18,000 TOTAL $612,485 TOTAL $612,485 SOURCE OF FUNDS SOURCE OF FUNDS BANK 2220 $344,956 BANK 2220 $412,485 TIF LOAN 1431 $67,529 TIF LOAN 1431 $0 FEDERAL HISTORIC TAX CREDITS 1421 $0 FEDERAL HISTORIC TAX CREDITS 1421 $0 STATE HISTORIC TAX CREDITS 1327 $0 STATE HISTORIC TAX CREDITS 1327 $0 LIFE SAFETY GRANT $35,000 LIFE SAFETY GRANT $35,000 OWNER EQUITY $165,000 OWNER EQUITY $165,000 TOTAL $612,485 TOTAL $612,485 OPERATING PROFORMA OPERATING PROFORMA ANNUAL RENTAL INCOME 735 ANNUAL RENTAL INCOME 2 Bed Apt 0 $18,000 804 2 Bed Apt 0 $18,000 1 Bed Apt 0 $5,400 824 1 Bed Apt 0 $5,400 Commercial 6399 $21,600 673 Commercial 6399 $21,600 1431 $0 1431 $0 4968 $0 595 4968 $0 GROSS INCOME $45,000 GROSS INCOME $45,000 VACANCY $2,700 0.06 VACANCY $2,700 0.06 DSCR 1.14 EXPENSES $11,749 0.224 DSCR 0.96 EXPENSES $11,749 0.224 $14,449 $14,449 NET OPERATING INCOME $30,551 NET OPERATING INCOME $30,551 DEBT SERVICE $26,750 DEBT SERVICE $31,987 CASH FLOW $3,800 CASH FLOW ($1,436) Grand Island Council Session - 2/26/2019 Page 58 / 232 EXPENSES Property Taxes $5,002 BID Taxes $243 Parking Taxes $304 Insurance $2,900 Utilities $600 Management $1,350 Maintnance $1,350 Total $11,749 Grand Island Council Session - 2/26/2019 Page 59 / 232 Grand Island Council Session - 2/26/2019 Page 60 / 232 Grand Island Council Session - 2/26/2019 Page 61 / 232 Grand Island Council Session - 2/26/2019 Page 62 / 232 Grand Island Council Session - 2/26/2019 Page 63 / 232 Grand Island Council Session - 2/26/2019 Page 64 / 232 Grand Island Council Session - 2/26/2019 Page 65 / 232 Grand Island Council Session - 2/26/2019 Page 66 / 232 Grand Island Council Session - 2/26/2019 Page 67 / 232 Grand Island Council Session - 2/26/2019 Page 68 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement at the End of Colbalt Drive - PVIPE, LLC Council action will take place under Consent Agenda item G-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/26/2019 Page 69 / 232 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 26, 2019 Subject:Acquisition of Utility Easement – at the End of Colbalt Drive – PVIPE, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property PVIPE, LLC, located through a part of Lot Six (6), Industrial Foundation Subdivision, in the City of Grand Island, Hall County, Nebraska (at the end of Colbalt Drive), in order to have access to install, upgrade, maintain, and repair water appurtenances, including fire hydrants. Discussion Olsson Engineering has requested an additional utility easement located in the southeast corner of Lot Six (6), Industrial Foundation Subdivision located at the south end of Colbalt Drive to accommodate the installation of a new fire hydrant. The proposed easement will allow the Utilities Department to install, access, operate and maintain the fire hydrant at this location. The new fire hydrant is part of the new water main infrastructure associated with Water Main Project 2018-W-17. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 2/26/2019 Page 70 / 232 Grand Island Council Session - 2/26/2019 Page 71 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item E-4 Public Hearing on Acquisition of Public Right-of-Way in the Northwest Quarter of Section 23, Township 11 North, Range 10 West- East of Engleman Road/South of Old Potash Highway (Parcel No. 400200918- The Guarantee Group, Inc.) Council action will take place under Consent Agenda item G-12. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 72 / 232 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:February 26, 2019 Subject:Public Hearing on Acquisition of Public Right-of-Way in the Northwest Quarter of Section 23, Township 11 North, Range 10 West- East of Engleman Road/South of Old Potash Highway (Parcel No. 400200918- The Guarantee Group, Inc.) Presenter(s):John Collins PE, Public Works Director Background Public Works Engineering staff is working on the design of the Moore’s Creek Drainage Ditch to extend drainage to the southwest and to serve current areas as well as the proposed US Highway 30 realignment project. A potential route is shown on the attached exhibit. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public right-of-way is needed from The Guarantee Group, LLC, at the southern end of parcel No. 400200918, shown on the attached exhibit. The property owner has signed the necessary document to grant the property, as shown on the attached drawing. Engineering staff of the Public Works Department negotiated with the property owner for such purchase. Property Owner Legal Description Amount The Guarantee Group, LLC A TRACT OF LAND LOCATED IN PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE S89o16’47”W (ASSUMED BEARING) ON THE $99,999.00 Grand Island Council Session - 2/26/2019 Page 73 / 232 SOUTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER, A DISTANCE OF 34.89 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 201306251, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR HALL COUNTY, NEBRASKA AND THE POINT OF BEGINNING; THENCE N01o04’39”W ON THE EAST LINE OF SAID TRACT OF LAND, A DISTANCE OF 80.00 FEET; THENCE S89o16’47”W PARALLEL WITH AND 80.00 FEET DISTANCE FROM SAID SOUTH LINE, A DISTANCE OF 2163.96 FEET TO THE EAST LINE OF COPPER CREEK ESTATES NINTH SUBDIVISION; THENCE S01o04’46”E ON SAID EAST LINE, A DISTANCE OF 80.00 FEET TO SAID SOUTH LINE; THENCE N89o16’47”E ON SAID SOUTH LINE, A DISTANCE OF 2163.96 FEET TO THE POINT ON BEGINNING, CONTAINING 3.97 ACRES, MORE OR LESS. 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 the public right-of-way from The Guarantee Group, LLC, in the amount of $99,999.00. Sample Motion Move to approve. Grand Island Council Session - 2/26/2019 Page 74 / 232 SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST GRAND ISLAND, NEBRASKARIGHT OF WAY ACQUISITIONENGLEMAN ROAD OLD POTASH HIGHWAYGrand IslandCouncil Session - 2/26/2019Page 75 / 232 Grand Island Council Session - 2/26/2019 Page 76 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item E-5 Public Hearing on Amendment to the 2016-2018 Consolidated Plan- 2018 Annual Action Plan Council action will take place under Consent Agenda item G-20. Staff Contact: Amber Alvidrez Grand Island Council Session - 2/26/2019 Page 77 / 232 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting Date:February 26, 2019 Subject:Approving Amendment #1 to the 2016-2018 Consolidated Plan - 2018 Annual Action Plan Presenter(s):Amber Alvidrez, Community Development Administrator Background CDBG is a federally funded program intended to increase housing, community and economic opportunities for low and moderate–income residents of the City of Grand Island. The City is making a substantial amendment to the 2016-2018 Consolidated Plan-2018 Annual Action Plan. The substantial amendment is available for public review and comment for 30 days from January 26, 2019 through February 25, 2019. The City of Grand Island is required by the Department of Housing and Urban Development (HUD) to submit a Consolidated Plan every 3-5 years and a One year Annual Action Plan which describes community needs, resources, priorities and proposed activities to be undertaken in the City of Grand Island under CDBG. This funding source is to assist lower-income people, households and neighborhoods throughout the City of Grand Island. The City of Grand Island is proposing the following amendment to the 2016-2018 Consolidated Plan and 2018 Annual Action Plan. Discussion Amendment #1 to the 2016-2018 Consolidated Plan -2018 Annual Action Plan. The original 2016-2018 Consolidated Plan listed proposed projects such as the Housing improvement Partnership and the Habitat for Humanity. The Housing Improvement Partnership with an allocation of $50,000.00, would fund such activities as creating a nonprofit (501(c)3) called the Housing Improvement Partnership, conducting a housing modification program for income qualifying senior citizens as well as other future Grand Island Council Session - 2/26/2019 Page 78 / 232 housing projects, at this time matching funds are unavailable for project to move forward creating a need to re assign funds to a different or new project. On September 5, 2018 the City of Grand Island was notified by HUD pursuant to 24 CFR 570.910 (B)(5) that it must reimburse its line of credit for improperly expended CDBG funds in the amount $30,000.00 expended to Habitat for Humanity due to the lack of an Environmental Review being completed. At this time the City of Grand Island has repaid $30,000 of funds into the City’s CDBG line of Credit creating an another excess of funds needing to be assigned to a project. The proposed substantial amendment to the 2016-2018 Consolidated Plan- 2018 Annual Action Plan is needed to change funding allocations totaling an amount of $80,000.00 from the above stated projects. The Community Development Division (CDD) proposes reallocating $80,000.00 of CDBG funds to the Low-moderate Area (LMA) projects in the approved 2018 Annual Action Plan. The 2018 Annual Action Plan has two LMA projects which are Public Works- ADA compliant Curb Ramps and Waste Water Sanitary Sewers, these projects are described in detail in the 2018 Annual Action plan. CDD proposes that the funds be eligible to be applied one or both projects as follows, the maximum the Public works project may receive is $80,000.00 with a minimum of $55,000.00. The maximum amount of funds Public Works Waste Water Project may receive is $25,000.00 with a minimum of $0.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the Amendment #1 to the 2016-2018 Consolidated Plan and 2018 Annual action Plan. 2.Do not accept Amendment #1 to the 2016-2018 Consolidated Plan and 2018 Annual Action Plan Recommendation City Administration recommends that the Council accept the Amendment #1 to the 2016- 2018 Consolidated Plan and 2018 Annual Action Plan Sample Motion Move to accept Amendment #1 to the 2016-2018 Consolidated Plan and 2018 Annual Action Plan Grand Island Council Session - 2/26/2019 Page 79 / 232 Public Notice Substantial Amendment to the 2016 Consolidated Plan and 2018 Annual Action Plan The City of Grand Island receives annual entitlement funds from the United States Department of Housing and Urban Development (HUD) that includes the Community Development Block Grant (CDBG). A three-five year Consolidated Plan must be developed before funds are received or expended. Each year of that the Consolidated plan covers, the City must develop an Action Plan describing how the funds will be used. Any substantial changes in funding, goals or activities require a substantial amendment to the Consolidated Plan as set forth in 24 CFR Part 91. The City of Grand Island is proposing a funding change to the 2018 Annual Action Plan that constitutes a substantial amendment to the 2016 Consolidated Plan. These changes modify several areas of the Plan for CDBG funding. CITIZEN PARTICIPATION: This notice is to inform Citizens of the opportunity to comment on the substantial amendment. A thirty day public comment is to begin at 8:00am on January 25, 2019 comments will be accepted until 5:00PM on February 25, 2019, with a Public Hearing being held on February 26, 2019 during the regularly scheduled City Council Meeting held in the Council Chambers at City Hall. A complete copy of the proposed amendment will be made available for review at City Hall 100 East Frist Street in the City Clerk’s Office, and on the city’s website at https://www.grand- island.com/departments/regional-planning/community-development. Written comments may be submitted to City of Grand Island Community Development Division, 100 East Frist Street or via email to ambera@grand-island.com. Grand Island Council Session - 2/26/2019 Page 80 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-1 Approving Minutes of February 12, 2019 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/26/2019 Page 81 / 232 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 12, 2019 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 February 12, 2019. Notice of the meeting was given in The Grand Island Independent on January 7, 2019. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Michelle Fitzke, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton, Mitch Nickerson, and Chuck Haase. Councilmembers Julie Hehnke and Clay Schutz were absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Jerry Janulewicz, and Public Works Director John Collins. INVOCATION was given by Pastor Bill Rowland, Beacon of Hope Church, 2525 West State 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. #2019-BE-2 - Consideration of Determining Benefits for Vehicle Offstreet Parking District #3. City Attorney Jerry Janulewicz reported that the goal of the new Parking District #3 was to better balance those paying into the Parking District with those who were using and/or most benefit from the Parking District. Through formation of Off-street Parking District No. 3 and the levy of special assessments the financial burden of maintaining off-street parking lots would be distributed among the owners of all properties within the district irrespective of the use of the property, whether business, retail, government, religious, or nonprofit. Assistant Finance Director William Clingman recapped the process of setting the special assessments. Staff recommended approval. The following people spoke: Amos Anson, 4234 Arizona Avenue - support Travis Spiehs, 110 West 2nd Street – opposed indoor parking fee Michael Smith, 2127 No. Sherman – opposed Father Robert Lewis, 212 So. Washington – opposed Discussion was held regarding exempting religions properties, indoor parking, parking ramp and maintenance along with snow removal of the parking lots downtown. Motion by Stelk, second by Nickerson to approve Resolution #2019-BE-2. Upon roll call vote, Councilmembers Nickerson, Minton, Conley, Stelk, Jones, Fitzke, and Paulick voted aye. Councilmember Haase voted no. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Nickerson to return to Regular Session. Motion adopted. Grand Island Council Session - 2/26/2019 Page 82 / 232 Page 2, City Council Regular Meeting, February 12, 2019 PUBLIC HEARINGS: Public Hearing on Request from Grand Island PR, Inc. dba Grand Island Pizza Ranch, 1016 Diers Avenue, Suite 124, Grand Island, Nebraska for a Class “A” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “A” Liquor License had been received from Grand Island PR, Inc. dba Grand Island Pizza Ranch, 1016 Diers Avenue, Suite 124. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on January 14, 2019; notice to the general public of date, time, and place of hearing published on February 2, 2019; notice to the applicant of date, time, and place of hearing mailed on January 14, 2019; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. Greg Tatro, 1312 W. Koenig Street spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3230 E. Highway 34 - Fast Track Buildings & Construction. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3230 E. Highway 30 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install a 3-phase cable and a pad-mounted transformer to provide service to the property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3216 W. U.S. Highway 34 - NPT Trucking, LLC. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3216 W. U.S. Highway 34 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including water lines. This easement would allow the Utilities Department to install, access, operate and maintain an underground power line, transformer and related electrical infrastructure to serve the new business at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Redevelopment Plan for CRA Area #26 located South of Capital Avenue West of the Central Nebraska Railroad Line and North of 12th Street (Orchard, LLC/Hoppe Homes P.C.). Regional Planning Director Chad Nabity reported that Orchard Development/Hoppe Homes had submitted an application for tax increment financing to aid in the redevelopment of 23 acres of property located between Capital Avenue (south of Habitat for Humanity’s Lassonde Subdivision) west of the Central Nebraska Railroad Tracks and north of 12th Street. The proposal would create 181 housing units with an average 2019 sale price of $170,000. Staff recommended approval. The following people spoke in support: Fred Hoppe, 1600 Stonehill Road; Al Avery, 2104 West 16th Street; Michelle Callahan representing the Housing Development Corp. from Hastings;, Lucas Hieb, 718 South Oak; and Ray O’Connor, 611 Fleetwood Road. Mr. O’Connor mentioned concerns with the School District. No further public testimony was heard. Grand Island Council Session - 2/26/2019 Page 83 / 232 Page 3, City Council Regular Meeting, February 12, 2019 ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9722 – Consideration of Approving Assessments for Vehicle Offstreet Parking District #3 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 this ordinance 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. This item was related to the aforementioned Public Hearing. Motion by Stelk, second by Minton to approve Ordinance #9722. City Clerk: Ordinance #9722 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 Nickerson, Minton, Conley, Stelk, Jones, Fitzke, and Paulick voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9722 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 Nickerson, Minton, Conley, Stelk, Jones, Fitzke, and Paulick voted aye. Councilmember Haase voted no. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9722 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Fitzke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 22, 2019 City Council Regular Meeting. Approving Appointment of Darrell Nelson to the Regional Planning Commission. Approving Request from Christopher Kotulak, 1409 10th Street, Aurora, Nebraska for Liquor Manager Designation for Hall County Livestock Improvement Association (Fonner Park), 700 East Stolley Park Road. #2019-44 - Approving Request from Grand Island PR, Inc. dba Grand Island Pizza Ranch, 1016 Diers Avenue, Suite 124, Grand Island, Nebraska for a Class “A” Liquor License and Liquor Manager Designation for Greg Tatro, 1312 W. Koenig Street. Grand Island Council Session - 2/26/2019 Page 84 / 232 Page 4, City Council Regular Meeting, February 12, 2019 #2019-45 - Approving Acquisition of Utility Easement - 3230 E. U.S. Highway 34 - Fast Track Buildings & Construction. #2019-46 - Approving Acquisition of Utility Easement - 3216 E. U.S. Highway 34 - NPT Trucking, LLC. #2019-47 - Approving Boiler Chemical Cleaning at Platte Generating Station with HydroCemPSC of Crossville, Illinois in an Amount of $307,346.99. #2019-48 - Approving Certificate of Final Completion for William Street Paving Improvements; Project No. 2018-P-7 with The Diamond Engineering Company of Grand Island, Nebraska. #2019-49 - Approving Bid Award for Sugar Beet Ditch Drainage; Project No. 2019-D-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska in an Amount of $97,318.72. #2019-50 - Approving Bid Award for Furnishing Components for “EIMCO® Type C3D-Full Trough Skimmer Clarifier Mechanism; Project No. WWTP-2019-1 with Ovivo USA, LLC of Salt Lake City, Utah in an Amount of $126,129.00. #2019-51 - Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2019 Divine Mercy Sunday Procession. #2019-52 - Approving Bid Award for Asphalt Hot-Mix 2019 with Gary Smith Construction Co. of Grand Island, Nebraska and J.I.L. Asphalt Paving Co. of Grand Island, Nebraska. #2019-53 - Approving Bid Award for Concrete Ready-Mix for 2019 with Gerhold Concrete Co., Inc. of Grand Island, Nebraska in an Amount of $102.75 per cubic yard and Consolidated Concrete of Grand Island, Nebraska in an Amount of $107.25 per cubic yard. #2019-54 - Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2019 with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $812,868.95. #2019-55 - Approving Purchase of US Highway 281/ US Highway 34/ Husker Highway Traffic Signal Equipment for the Streets Division of the Public Works Department from Mobotrex of Davenport, Iowa in an Amount of $29,395.00. #2019-56 - Approving Station Alerting System for the Grand Island Fire Department and Communications Center with US Digital Designs in an Amount of $216,271.72. #2019-57 - Approving Purchase of Flex CAD2CAD Interface and Response Plan Software Modules from Spillman Technologies, Inc. of Salt Lake City, Utah in an Amount of $30,017.14. #2019-58 - Approving Change Order No. 5 for EM911 Building with Chief Construction of Grand Island, Nebraska for an Increase of $2,896.00 and a Revised Contract Amount of $3,154,004.00. #2019-59 - Approving Purchase of Cash Management Module from Tyler Technologies for Munis ERP Software in an Amount of $33,190.00. Grand Island Council Session - 2/26/2019 Page 85 / 232 Page 5, City Council Regular Meeting, February 12, 2019 #2019-60 - Approving Final Plat and Subdivision Agreement for Kenmare Fifth Subdivision. It was noted that Janet Reinders Revocable Living Trust, managing member, JST Farms, LLC, owners, had submitted the Final Plat and Subdivision Agreement for Kenmare Fifth Subdivision located west of Blaine Street at the end of Wicklow Drive for the purpose of creating 3 lots on 7.167 acres of land. #2019-61 - Approving Final Plat and Subdivision Agreement for Prairie Commons Third Subdivision. It was noted that Prataria Ventures, LLC, owners, had submitted the Final Plat and Subdivision Agreement for Prairie Commons Third Subdivision located south of Husker Highway and west of Prairieview Street for the purpose of creating 6 lots on 26.71 acres of land. #2019-62 - Approving Final Plat and Subdivision Agreement for Woodland Park Eighteenth Subdivision. It was noted that Starostka Group Unlimited, owners, had submitted the Final Plat and Subdivision Agreement for Woodland Park Eighteenth Subdivision located along Michigan Avenue west of Idaho Avenue for the purpose of creating 10 lots on 2.61 acres of land. RESOLUTIONS: #2019-63 - Consideration of Approving Redevelopment Plan for CRA Area #26 located South of Capital Avenue West of the Central Nebraska Railroad Line and North of 12th Street (Orchard, LLC/Hoppe Homes P.C.). This item was related to the aforementioned Public Hearing. Staff recommended approval. A lengthy discussion was held regarding affordable housing and what that price was along with inflation. Design of the homes and roads were discussed. Mr. Hoppe answered questions concerning covenants, restrictions, row houses, street widths, community building, and a mini park. He said there would be a neighborhood association. Motion by Minton, second by Haase to approve Resolution #2019-63. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Fitzke to approve the payment of claims for the period of January 23, 2019 through February 12, 2019 for a total amount of $4,721,067.43. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:31 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/26/2019 Page 86 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-2 Approving Minutes of February 16, 2019 City Council Retreat Staff Contact: RaNae Edwards Grand Island Council Session - 2/26/2019 Page 87 / 232 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION (RETREAT) February 16, 2019 Pursuant to due call and notice thereof, a Special Study Session (Retreat) of the City Council of the City of Grand Island, Nebraska was conducted at the Bosselman Community Room, 1607 South Locust Street, Suite A, Grand Island, Nebraska on February 16, 2019. Notice of the meeting was given in the Grand Island Independent on February 8, 2019. Mayor Roger G. Steele called the meeting to order at 8:30 a.m. The following Councilmembers were present: Mitch Nickerson, Jason Conley, Chuck Haase, Jeremy Jones, Mark Stelk, Mike Paulick, Vaughn Minton, Clay Schutz, Michelle Fitzke and Julie Hehnke. The following City staff were present: City Administrator Marlan Ferguson, Assistant City Administrator Brent Clark, City Clerk RaNae Edwards, City Attorney Jerry Janulewicz, Public Works Director John Collins, Finance Director Patrick Brown, Utility Director Tim Luchsinger, Parks & Recreation Director Todd McCoy, Regional Planning Director Chad Nabity, Building Department Director Craig Lewis, Emergency Management Director Jon Rosenlund, Library Director Steve Fosselman, Human Resources Director Aaron Schmid, Fire Chief Cory Schmidt, and Police Chief Robert Falldorf. WELCOME AND EXPECTATIONS OF THE DAY: Mayor Steele welcomed everyone. The expectation was to learn more from each of the departments and the roll of Councilmembers. Introductions were made by those present. DIRECTOR’S STATE OF THE DEPARTMENT’S: Human Resources – Aaron Schmid stated his department had four employees and commented on the five core functions of his department. Explained were Employee and Labor Relations; Workforce Planning and Employment; Compensation and Benefits; Risk Management; and Employee Development. Health Insurance and high cost of claims were a challenge. City Clerk – RaNae Edwards commented on her duties as City Clerk. Covered were Council agenda’s and packets, liquor licenses, document archives, purchasing, and managing official records. Mentioned was the importance of having a Deputy City Clerk. Legal – Jerry Janulewicz stated there were three employees in the Legal Department. The Assistant City Attorney was the City’s purchasing agent, worked on code enforcement and juvenile court cases. Their office handled all the public records requests, tort claims, and assisted all departments with contract matters, personnel matters, and union negotiations. Mr. Janulewicz answered questions regarding public requests. Utilities – Tim Luchsinger stated the Utilities Department had 140 employees with three Assistant Director’s. He commented on the two power plants within the city. The gas/oil-fired Burdick Station with three gas turbines and the coal-fired Platte Generating Station. The City was also involved in renewable sources such as wind and solar energy. The Electric Utility paid Grand Island Council Session - 2/26/2019 Page 88 / 232 Page 2, City Council Special Study Session (Retreat), February 16, 2019 approximately $2.3 million annually to the General Fund in the form of city sales tax and $1.4 million annually to support the Finance Department Information Technology Processing Division. Mr. Luchsinger answered questions regarding meter readers and going to electronic meters. Cost was an issue as well as ownership of the meters. Future generation was discussed. There was 10 to 15 years of use left at the Platte Generation Station. Streets – John Collins mentioned the Metropolitan Planning Organization Division (MPO) was a new division since the city became a MSA. Transit was another new division within his department. Briefly reviewed were: Engineering Services, Fleet Services, Solid Waste, Streets & Drainage, and Wastewater. Mr. Collins answered questions concerning the Sycamore Street Underpass and roundabouts. Parks & Recreation – Todd McCoy stated the Parks Department had five divisions: Parks, Recreation, Cemetery, Golf Course, and Heartland Public Shooting Park. They were looking at getting grant dollars for more trails. Planning for the armory was in the works. Mentioned were several parks they were working on. Pickleball courts were in the works and would be coming forward for Council approval. Mr. McCoy answered questions regarding cemetery expansion and finding funding. Trail systems and splash pads were mentioned. BREAK: 9:30 a.m. to 9:45 a.m. Emergency Management – Jon Rosenlund stated the Emergency Management Department was created by an Interlocal Agreement between Hall County and the City of Grand Island. There were 16 dispatchers and all expenses were divided between the City and Hall County. Mr. Rosenlund explained the revenue funds such as Special Revenue, Landline E911, and Wireless E911 Funds. He stated the new facility was almost complete and tours were welcomed. Mr. Rosenlund answered questions regarding 911 calls from cell phones. He stated they were working on that ability and would have that software installed before they moved to the new location. Building – Craig Lewis stated they had nine people in the department. Codes that were enforced, regulated, and administered by the Building division included: Model Codes, City Codes, and State and Federal regulations. Reviewed were the number of permits, inspections, and the number of construction dollars. Reviewed was a graph showing construction and the growth within the community over the past few years. Mr. Lewis answered questions concerning the Grand Generation Center. Planning – Chad Nabity stated the Planning Department was a City/County funded department established by an Interlocal Cooperation Agreement in 1967. Explained was the Regional Planning Commission and their responsibilities. Mentioned was the Grand Island/Merrick County Interjurisdictional Planning Commission. Community Redevelopment Authority (CRA) and Community Development Division were also a part of the Regional Planning Department. Mr. Nabity answered questions regarding filling positions on the boards. Fire – Chief Cory Schmidt stated his department provided ambulance service, fire service, and hazmat services. The majority of their time was spent on medical calls. There were four fire Grand Island Council Session - 2/26/2019 Page 89 / 232 Page 3, City Council Special Study Session (Retreat), February 16, 2019 stations throughout the City for a response time of four minutes. They had a total of 70 staff members but needed more. Last year they had 71 recalls. Explained was the reason why fire trucks go on ambulance calls. Chief Schmidt answered questions regarding overtime for recalls and expenses within his department. Police – Chief Robert Falldorf recommended changing the structure of the Police Department from three Captains to two Captains and creating three Lieutenant positions. Mentioned were Strategic Policing, intelligence led policing, offenses, calls for service and sworn officers per 1,000 residents. Chief Falldorf answered questions concerning School Resource Officers (SRO’s), drug use as it related to property crime in Grand Island, and gangs. Staffing issues were mentioned. They were currently short one officer as there had not been the number of applications submitted from which to hire from. Substations were discussed. Chief Falldorf commented on the airport duty and the number of hours it took up for their officers. Library – Steve Fosselman commented on the services the library offered. Mentioned was the renovation of the library. Mr. Fosselman commented on the maker space in the library. He stated the new renovation would be opened the first part of March. Explained were the e-book and overdrive services. OPENGOV PRESENTATION/BUDGET TUTORIAL: Nate Olson, Account Executive; Daria Brainerd, Customer Services Manager; and Charlie Francis, Sr. Director, Government Finance representing OpenGov gave an overview on budgeting performance. Integrating information for budgets and then communicating that information was what OpenGov does. Reviewed was Management Reporting. LUNCH: 12:00 p.m. to 1:00 p.m. DISCUSSION ON FTE’S IN GENERAL FUND: Finance Director Patrick Brown stated the Finance Department had the following six major areas: City Accounting, Utility Accounting, Utility Support, Risk Management, Cash Management, and Budgeting. Reviewed were the accomplishments for 2018. The Finance Department hoped to accomplish the following for the 2018-2019 fiscal year: Implement the MUNIS electronic timesheet functionality instead of spreadsheets and manually entering hours. Implement a Work Force Planning module into OpenGov for workforce budgeting purposes since personnel costs are our highest cost categories. Implement MUNIS’s Cash Management Module for bank reconciliation, cash tracking, forecasting, and investment and debt management. Continue our efforts in improving the budgeting process. Look at each position in Finance to determine if efficiencies can be gained. Continue the cross training Finance is currently doing. Increase our proactive work (analysis) and decrease reactive work (chasing). Mr. Brown reviewed the sales tax and motor vehicle taxes received by the City. He stated sales tax was trending down from previous years. Currently the City had approximately $13 million in cash reserves. He stated cash reserves should never be used for personnel but for possibly a Grand Island Council Session - 2/26/2019 Page 90 / 232 Page 4, City Council Special Study Session (Retreat), February 16, 2019 onetime purchase. The new sales tax would start on April 1, 2019 and was estimated at $5.5 million which would go into a separate account and not the General Fund. Discussion was held concerning Cash Reserves, Capital Projects, FTE’s, and the Wheel Tax sunset. CITY COUNCIL DUTIES & RESPONSIBILITIES, FORM OF GOVERNMENT, EXPECTATIONS: City Administrator Marlan Ferguson explained the following kinds of governments: Commissioner Form of Government, Village Government, Mayor-Council Form of Government, and City Management Form of Government. Mr. Ferguson introduced Lynn Rex, Executive Director from the League of Nebraska Municipalities (LNM). Ms. Rex gave an overview of LNM which started in the late 1800’s. Mentioned were conferences and training, technical support, and lobbying that LNM provided members. One of the most important programs offered by LNM was the League Association of Risk Management (LARM). Reviewed were several major legislative bills that LNM was working on that were currently being heard in the legislature and would affect the cities across Nebraska. DISCUSSION ON UPCOMING STUDY SESSIONS: The following dates were set for upcoming Study Sessions: March 5th Infrastructure Needs April 2nd Electrical Utility Department Overview May 7th Sales Tax, Food & Beverage Tax, Wheel Tax Assistant City Administrator Brent Clark stated he would schedule tours of city facilities for those Councilmembers interested. ADJOURNMENT: The meeting was adjourned at 3:20 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/26/2019 Page 91 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-3 #2019-64 - Approving Final Plat and Subdivision Agreement for Gloor Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 2/26/2019 Page 92 / 232 Council Agenda Memo From:Regional Planning Commission Meeting:February 26, 2019 Subject:Gloor Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Barbara Avenue and east of Ando Avenue in Grand Island, Nebraska. (1 lot, 0.37 acres). This property is zoned R1 Suburban Density Residential and is part of a replat of all of lot 1, John & Marie’s Subdivision and part of Lake Front tract 1c as established by the City Of Grand Island on Branch’s Lake located in the Northeast Quarter of the Southwest Quarter (NW1/4, SW ¼) of Section Twenty- one (21), Township Eleven (11) North, Range Nine (9) west of the 6th P.M., Hall County, Nebraska. Discussion The final plat for Gloor Subdivision was considered by the Regional Planning Commission at the February 6, 2019 meeting. A motion was made by Rainforth and seconded Maurer by to approve the final plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (O’Neill, Ruge, Allan, Maurer, Rubio, Robb, Rainforth, Hedricksen and Randone) and no members present voting no. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/26/2019 Page 93 / 232 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 2/26/2019 Page 94 / 232 Developer/Owner Michael R. Gloor & Marie De Martinez Grand Island Council Session - 2/26/2019 Page 95 / 232 2120 Barbara Ave. Grand Island, NE 68803 To create 1 lot east of Ando Ave. and north of Barbara Ave. in Grand Island, Nebraska. Size: 1 lot 0.37 acres Zoning: R1 Suburban Density Residential Road Access: Existing Rural Section Streets Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 2/26/2019 Page 96 / 232 LOT 1 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68802 Grand Island Council Session - 2/26/2019 Page 97 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-64 WHEREAS Michael R. Gloor and Marie de Martinez, husband and wife, being the said owner of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “GLOOR SUBDIVISION”, all of Lot 1 of John and Marie’s Subdivision and part of Lake Front Tract 1C as Established by the City Of Grand Island on Brach’s Lake located in the Northwest Quarter of the Southwest Quarter (NW1/4, SW ¼) of Section Twenty-one (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of GLOOR 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, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 98 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-4 #2019-65 - Approving Acquisition of Utility Easement at the End of Colbalt Drive - PVIPE, LLC This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/26/2019 Page 99 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-65 WHEREAS, a public utility easement is required by the City of Grand Island from PVIPE, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines and; WHEREAS, a public hearing was held on February 26, 2019, for the purpose of discussing the proposed acquisition of utility easement located through a part of Lot Six (6), Industrial Foundation Subdivision in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the Southeast corner of Lot Six (6), Industrial Foundation Subdivision in the City of Grand Island, Hall County, Nebraska; thence along the southerly line of said Lot Six (6), on an assumed bearing of N90°00’00”W, a distance of thirty (30.0) feet; thence N45°00’59”E, a distance of forty-two and forty-four hundredths (42.44) feet to a point on the easterly line of said Lot Six (6); thence S00°01’57”W, along the easterly line of said Lot Six (6), a distance of thirty (30.0) feet to the Southeast corner of said Lot Six (6) being the said Point of Beginning. The above-described easement and right-of-way containing a total of 450 square feet more or less as shown on the plat dated 1/16/2019, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easements from PVIPE, LLC, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. ___________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 100 / 232 Grand Island Council Session - 2/26/2019 Page 101 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-5 #2019-66 - Approving Tap Fee for Lot One - Rowe Second Subdivision - Water Main District 421T This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/26/2019 Page 102 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney *This Space Reserved for the Register of Deeds* R E S O L U T I O N 2019-66 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the special benefits as determined by Resolution 2018-BE- 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 the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water 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 square footage of the respective lots, tracts, and real estate within such Water Main District No. 421T, such benefits are the sums set opposite the several descriptions as follows: Name Description Connection Fee ($) Gary P. and Dee Rowe Lot 1, Rowe Second Subdivision $499.99 TOTAL Connection Fee $499.99 --- Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. Roger G. Steele, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 103 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-6 #2019-67 - Approving Wireline Crossing Agreement for Fiber Optics with Union Pacific Railroad Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/26/2019 Page 104 / 232 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant Utilities Director Meeting:February 26, 2019 Subject:Overhead Fiber Optic Crossing Union Pacific Railroad located Mile Post 147.97, Kearney Subdivision/Branch (Logan Street) Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department is in the process of completing a redundant fiber optic connection from Substation B located at 3645 Faidley Avenue to the Utility Engineering Department located at 315 N. Jefferson Street. The addition fiber line connection route will assure a looped network connectivity between existing facilities. Discussion In order to proceed with this project, a Crossing Agreement with the Union Pacific Railroad will be required. The Union Pacific has a number of requirements regarding overhead connections crossing their right-of-way and the Department has submitted application for the construction of the new crossing for the railroad’s review. Attached is a copy of their proposed agreement for the project. The crossing at Union Pacific Mile Post 147.97, Kearney Subdivision/Branch (Logan Street) includes a one-time fee of $6,760.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/26/2019 Page 105 / 232 Recommendation City Administration recommends that the Council authorize the execution of the Overhead Fiber Optic Crossing Agreement with the Union Pacific Railroad and approve the one-time fee of $6,760.00. Sample Motion Move to approve the execution of the Overhead Fiber Optic Crossing Agreement with the Union Pacific Railroad. Grand Island Council Session - 2/26/2019 Page 106 / 232 Grand Island Council Session - 2/26/2019 Page 107 / 232 Grand Island Council Session - 2/26/2019 Page 108 / 232 Grand Island Council Session - 2/26/2019 Page 109 / 232 Grand Island Council Session - 2/26/2019 Page 110 / 232 Grand Island Council Session - 2/26/2019 Page 111 / 232 Grand Island Council Session - 2/26/2019 Page 112 / 232 Grand Island Council Session - 2/26/2019 Page 113 / 232 Grand Island Council Session - 2/26/2019 Page 114 / 232 Grand Island Council Session - 2/26/2019 Page 115 / 232 Grand Island Council Session - 2/26/2019 Page 116 / 232 Grand Island Council Session - 2/26/2019 Page 117 / 232 Grand Island Council Session - 2/26/2019 Page 118 / 232 Grand Island Council Session - 2/26/2019 Page 119 / 232 Grand Island Council Session - 2/26/2019 Page 120 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-67 WHEREAS, the process of completing a redundant fiber optic connection from Substation B located at 3645 Faidley Avenue to the Utility Engineering Department at 315 N. Jefferson Street will require a wireline crossing at the Logan Street tracks; and WHEREAS, the Union Pacific Railroad requires Wireline Crossing Agreements to be entered in to for persons crossing its property for such purposes with a license fee payment of $6,760.00 for the Logan Street Crossing; and WHEREAS, the City Attorney’s office has reviewed the proposed Wireline Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Wireline Crossing Agreement, by and between the City and the Union Pacific Railroad Company, for the construction and maintenance of a redundant fiber optic connection at Logan Street, is hereby approved; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. ____________________________ Roger G. Steele, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 121 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-7 #2019-68 - Approving Purchase of 2020 Truck with 48 Foot Knuckle Boom Crane - Electric Underground Division Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/26/2019 Page 122 / 232 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 26, 2019 Subject:2020 Truck with 48 Foot Knuckle Boom Crane - Electric Underground Division Presenter(s):Timothy Luchsinger, Utilities Director Background The Electric Underground Division of the Utilities Department has a 2005 Sterling truck with a National articulating crane. This vehicle has approximately 20,000 miles and 3,900 hours which is equivalent to approximately 117,000 miles on the engine and power transmission equipment. This is the primary vehicle is used on underground projects to set transformers and cabinets. This vehicle was moved up in the Department’s vehicle replacement schedule because of several issues related to poor design as well as concerns of reliability. This brand/model of unit is no longer in production and all boom related parts need to be custom reproduced, which has led to past repair times of several months over the past 10 years. Discussion The Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (now Sourcewell) on October 28, 2014 with Resolution 2014-326. To meet competitive bidding requirements, the Utilities Department obtained pricing from the Sourcewell Contract No.012418.ALT awarded to Altec Industries, Inc. Specifications for replacement of the 2005 Sterling truck with National articulating crane were prepared by Department staff resulting in a recommendation of a 2020 HV607 International truck with Effer model 305-5S five section knuckleboom crane from Altec Industries Inc. of Birmingham, Alabama, in the amount of $280,453.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. Grand Island Council Session - 2/26/2019 Page 123 / 232 The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2020 HV607 International truck with Effer model 305-5S five section knuckleboom crane for the Underground Division of the Utilities Department, from Altec Industries, Inc., of Birmingham, Alabama, in the amount of $280,453.00. Sample Motion Make a motion to approve the purchase of a 2020 HV607 International truck with Effer model 305-5S five section knuckleboom crane from Altec Industries Inc., of Birmingham, Alabama, in the amount of $280,453.00. Grand Island Council Session - 2/26/2019 Page 124 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-68 WHEREAS, the City of Grand Island Utilities Department Underground Division budgeted for a 2020 Truck with 48 Foot Knuckle Boom Crane in the current budget; and WHEREAS, on October 28, 2014 with Resolution 2014-326, the City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) (now Sourcewell) to meet competitive bidding requirements; and WHEREAS, to meet competitive bidding requirements, the Utilities Department obtained pricing from Sourcewell Contract No. 002418.ALT awarded to Altec Industries, Inc., such bid being in the amount of $280,453.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2020 Truck with 48 Foot Knuckle Boom Crane from the Sourcewell Contract No. 002418.ALT, in the amount of $280,453.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 125 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-8 #2019-69 - Approving Supply and Delivery of Powdered Activated Carbon to Platte Generation Station until Sept. 30, 2021 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/26/2019 Page 126 / 232 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 26, 2019 Subject:Supply and Delivery of Powdered Activated Carbon to Platte Generating Station 2018-2021 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Platte Generating Station installed a Powdered Activated Carbon (PAC) injection system in the fall of 2014 to comply with the new Mercury emissions regulations. This system injects a PAC material with specific design specifications into the flue gas to capture and remove the mercury. Plant staff developed a request for proposals for the purchase of PAC material for a period of October 1, 2018 through September 30, 2021. The specification included a trial period requiring testing of any proposed products to verify their suitability in our system and assure compliance with the associated environmental regulations. The station uses up to 300,000 pounds of this material each year. Discussion The request for proposal for the Supply and Delivery of Powdered Activated Carbon for Platte Generating Station was publically advertised in accordance with the City’s Purchasing Code. Proposals from the following firms were received on May 3, 2018: Company ADA Carbon Solutions, Littleton, CO Calgon Carbon Corporation, Moon Township, PA Carbonxt, Inc., Gainesville, FL Cabot Norit Americas, Inc. Boston, MA The department evaluated proposals both on the basis of cost and suitability of the product in meeting the system requirements and specifications. Calgon Carbon was the initial low bidder based on it being an advanced product capable of lower injection rates, but in testing their product the lower injection rates did not achieve acceptable results. Cabot Norit was the next lowest bidder and in testing their product over a three month Grand Island Council Session - 2/26/2019 Page 127 / 232 period it consistently passed all test requirements. Cabot Norit was therefore determined to be the lowest and best overall proposal for future supply of Powdered Activated Carbon to the power station. 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 award the Supply and Delivery of Powdered Activated Carbon for the Platte Generating Station to Cabot Norit Americas, Inc., of Boston, Massachusetts, for future procurements through September 30, 2021. Sample Motion Move to approve the award of the Supply and Delivery of Powdered Activated Carbon for the Platte Generating Station to Cabot Norit Americas, Inc., of Boston, Massachusetts, for 2019 through September 30, 2021. Grand Island Council Session - 2/26/2019 Page 128 / 232 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SUPPLY & DELIVERY OF POWDERED ACTIVATED CARBON RFP DUE DATE:May 3, 2018 at 4:00 p.m. DEPARTMENT:Utilities PUBLICATION DATE:April 12, 2018 NO. POTENTIAL BIDDERS:6 SUMMARY OF PROPOSALS RECEIVED Calgon Carbon Carbonxt Moon Township, PA Gainesville, FL ADA Carbon Solutions Cabot Norit Americas, Inc. Littleton, CO Boston, MA cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator William Clingman, Interim Finance Director Stacy Nonhof, Purchasing Agent Darrell Dorsey, PGS Plant Superintendent Karen Nagel, Utilities Secretary P2048 Grand Island Council Session - 2/26/2019 Page 129 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-69 WHEREAS, the City of Grand Island requested proposals for the Supply and Delivery of Powdered Activated Carbon for the Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 3, 2018, proposals were received, opened and reviewed; and WHEREAS, Cabot Norit Americas, Inc., of Boston, Massachusetts, supplied the best overall proposal and a product that consistently passed all test requirements over a three- month period, in accordance with the terms of the advertisement and specifications, plans and all other statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Cabot Norit Americans, Inc., is hereby approved as the lowest responsible proposal for the Supply and Delivery of Powdered Activated Carbon for the Platte Generating Station until September 30, 2021. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 130 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-9 #2019-70 - Approving Change Order No. 4 to Edith Abbott Memorial Library Renovation Staff Contact: Steve Fosselman, Library Director Grand Island Council Session - 2/26/2019 Page 131 / 232 Council Agenda Memo From:Steve Fosselman, Library Director Meeting:February 26, 2019 Subject:Approving Change Order No. 4 to Edith Abbott Memorial Library Renovation Presenter(s):Steve Fosselman, Library Director Background Cheever Construction of Lincoln, Nebraska was awarded a $1,122,400.00 contract on June 12, 2018, via Resolution No. 2018-168, for renovations to the Edith Abbott Memorial Library. Change Order No. 1 was approved on October 23, 2018 via Resolution No. 2018-304 in the amount of $3,365.93, modifying the total contract to $1,125,765.93. Change Order No. 2 in the amount of $1,546.00 and Change Order No. 3 in the amount of $9,040.36 were approved on December 18, 2018 via Resolution No. 2018-382, modifying the total contract to $1,136,352.29. Discussion As this construction contract nears completion, Change Order No. 4 to the referenced project is being requested to add pay items for additional carpeting, drywall repairs, painting, electrical work, door hardware, glass shelving changes, and a credit for a change in entry doors. In order to complete this work Change Order No. 4 is necessary, which will result in a total contract increase of $39,985.23, modifying the total contract to $1,176,337.52. The Grand Island Public Library Foundation is responsible for financing all costs for this project that are not provided by the Grimminger estate funds from the 295 Special Project Account and project-specific grant funds received by the City, as per Resolution No. 2018-164 approved by the City Council on June 12, 2018. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 2/26/2019 Page 132 / 232 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. 4 in the amount of $39,985.23 to Edith Abbott Memorial Library Renovation with Cheever Construction of Lincoln, Nebraska, modifying the total contract to $1,176,337.52. Sample Motion Move to approve Change Order No. 4 in the amount of $39,985.23 to Edith Abbott Memorial Library Renovation with Cheever Construction of Lincoln, Nebraska, modifying the total contract to $1,176,337.52. Grand Island Council Session - 2/26/2019 Page 133 / 232 Grand Island Council Session - 2/26/2019 Page 134 / 232 Grand Island Council Session - 2/26/2019 Page 135 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-70 WHEREAS, on June 12, 2018, via Resolution No.2018-168, the City of Grand Island awarded Cheever Construction of Lincoln, Nebraska the bid in the amount of $1,122,400.00 for renovations to the Edith Abbott Memorial Library; and WHEREAS, on October 23, 2018, via Resolution No. 2018-304, City Council approved Change Order No. 1, in the amount of $3,365.93 to such project, modifying the total contract to $1,125,765.93; and WHEREAS, on December 18, 2018, via Resolution No. 2018-382, City Council approved Change Order No. 2, in the amount of $1,546.00 and Change Order No. 3 in the amount of $9,040.36 to such project, modifying the total contract to $1,136,352.29; and WHEREAS, it has been determined that modifications need to be made to allow for additional carpeting, drywall repairs, painting, electrical work, door hardware, glass shelving changes, and a credit for a change in entry doors; and WHEREAS, such modifications have been incorporated into Change Order No. 4; and WHEREAS, the result of such modifications will increase the contract amount by $39,985.23 for a revised contract price of $1,176,337.52; and WHEREAS, The Grand Island Public Library Foundation is responsible for financing all costs for this project that are not provided by the Grimminger estate funds from the 295 Special Project Account and project-specific grant funds received by the City, as per Resolution No. 2018-164 approved by the City Council on June 12, 2018. 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. 4 in the amount of $39,985.23 between the City of Grand Island and Cheever Construction of Lincoln, Nebraska to provide the modifications for a revised contract price of $1,176,337.52. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 136 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-10 #2019-71 - Approving Agreement Addendum for Grand Island Emergency Center to Join East Central 911 Regional Group Staff Contact: Jon Rosenlund Grand Island Council Session - 2/26/2019 Page 137 / 232 Council Agenda Memo From:Jon Rosenlund, Emergency Management Director Meeting:February 26, 2019 Subject:East Central 911 Interlocal Agreement Presenter(s):Jon Rosenlund, Emergency Management Director Background As the Department prepares to upgrade its current 911 technologies, part of that proposal includes joining a shared 911 system managed by the East Central Regional 911 group. This is a collection of several Counties in East Central Nebraska who also use the Emergency Call Works 911 system for call taking. By sharing backroom equipment and distributing telephone calls to the various 911 Centers that have partnered together in this shared system, jurisdictions can save money and share costs of expensive backroom equipment, software and hardware maintenance. Joining this current interlocal agreement requires adopting the Addendum as attached. A previous addendum approved by the City Council in November 2018 required rewriting to meet changes in EC911 membership. Discussion As the State of Nebraska prepares to migrate to Next Generation 911 technologies, various jurisdictions are joining together into Regional 911 systems that include several counties sharing the costs of backroom equipment and maintenance agreements, all while operating their own 911 Centers. Calls are received by a pair of “hosts” that are placed in different parts of the region and then distributed to the participating 911 Centers through a data network. Sharing ‘host” equipment allows counties to decrease initial outlays for expensive backroom equipment and provides redundancy if a 911 Center is unable to take their calls, those calls can be distributed to a neighboring agency. Having two hosts also allows for “geo-diversification” of critical infrastructure so if one host is damaged or disconnected from 911 calls, those calls can all be routed to the other host until repairs or reconnection is made. As Grand Island has already been using Emergency Call Works as our 911 System vendor, and the East Central 911 Region (EC911), comprising of Nance, Boone, Merrick, Polk, Saunders, Platte, Butler, and Hamilton counties, also uses Emergency Call Works, it is a natural fit to join with them as we plan our upgrades to the City Hall Center as well as equip our new facility on North Road. In this proposal, Hall County would join EC911 and become a full partner in their current interlocal agreement. Also, by joining in a Grand Island Council Session - 2/26/2019 Page 138 / 232 regionalized 911 system, Grand Island Emergency Center becomes eligible for quicker migration to NextGen911 with other East Central 911 Centers in the future as regional systems will be migrated by the State ahead of “stand alone” centers. This proposal also includes moving 911 host equipment from Columbus, NE, to Grand Island. This provides us the chance to maintain this host inside City Hall where we would have direct connection to the host. Due to changes in the East Central 911 group membership in late 2018, the first addendum requires a number of minor changes that acknowledged this new situation. This draft addendum has accommodated those minor changes. 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 Addendum Agreement to join the East Central Regional 911 System. Sample Motion Move to approve the Addendum Agreement to join the East Central Regional 911 System. Grand Island Council Session - 2/26/2019 Page 139 / 232 1 ADDENDUM TO THE INTERLOCAL COOPERATION AGREEMENT EAST CENTRAL REGION 911 EMERGENCY COMMUNCATION EQUIPMENT SHARING AGREEMENT ADDING GRAND ISLAND EMERGENCY CENTER WHEREAS, the Counties of Boone, Butler, Merrick, Nance, Polk, and Saunders and the City of Columbus acting as the Platte County public safety answering point (PSAP) entered into an Interlocal Agreement for 911 Emergency Communications Equipment Sharing dated September 16, 2013, hereinafter referred to as the “Agreement”; and WHEREAS, the Agreement created the East Central 911 Region, hereinafter referred to as the “EC911”, administered by the EC911 Governing Regional Committee comprised of a representative of each member governmental party to the Agreement; and WHEREAS, by addendum to the Agreement on November 5, 2018, Hamilton County became a party to the Agreement as amended by said addendum, and WHEREAS, EC911 and its members share a 911 Customer Premise Equipment (CPE) system thereby enabling multiple PSAPs to share backroom equipment thereby decreasing equipment and maintenance costs that would otherwise be borne by the individual EC911 members; and WHEREAS, EC911 shares two nodes where 911 phone calls for EC911 are received and distributed to EC911 members for PSAPs through a private and secure data network known as NRIN; and WHEREAS, the City of Grand Island and the County of Hall, through their Interlocal Agreement, established and operate the Grand Island Emergency Center hereinafter referred to as “GIEC,” and WHEREAS, GIEC currently hosts call routing equipment of EC911; and WHEREAS, GIEC desires to become a party to the Agreement and a member of the EC911 Governing Regional Committee under such terms and conditions as set forth herein; and WHEREAS, the member entities of EC911 together with GIEC desire to approve this Addendum to the Agreement thereby admitting GIEC as a party to the Agreement and a member of EC911 and its Governing Regional Committee. NOW, THEREFORE, in consideration of the foregoing premises and mutual benefits provided by the Agreement and this Addendum, the EC911 members and GIEC agree as follows: 1.EC911 and GIEC acknowledge that pursuant to this Addendum, GIEC is being added as a party to the Agreement and therefore being granted membership in EC911. 2.GIEC will purchase and install upgraded equipment in both its main and alternate PSAP facilities for call taking. It is anticipated to occur in the spring of 2019, upon completion of the new GIEC PSAP facility. 3.GIEC will pay for moving an EC911 communications node and circuits from the Columbus Water Tower to GIEC and house the node in the Grand Island City Hall (GIEC’s alternate PSAP). Calls coming to the nodes, including this new location, will be distributed to the new GIEC PSAP facility and all other current EC911 system partners through routing via NRIN. 4.GIEC will pre-pay for its own multi-year maintenance contract with CallWorks. This contract will be independent of the current EC911 maintenance contract and expiration date. The original EC911 counties, whose current agreement with CallWorks expires in 2022, may enter into a Grand Island Council Session - 2/26/2019 Page 140 / 232 2 separate, independent renewal agreement with CallWorks or a joint renewal agreement with GIEC, provided GIEC is credited with the cost for years already paid on its agreement. 5.When the GIEC PSAP has been fully integrated into the EC911 membership and system, the current contract between EC911 and GIEC for telecommunications equipment hosting shall be terminated by mutual agreement. 6.In the event that the EC911 agreement is terminated, dissolved or expires, all equipment purchased by GIEC will remain property of the GIEC, including but not limited to, distribution equipment, and workstations. It is acknowledged that the node and common CPE equipment is a shared property among all participants. 7.GIEC shall be a member of the EC911 Governing Regional Committee and its representative shall be designated in such manner as determined by the City of Grand Island and the County of Hall. 8.This Addendum shall be attached to and shall become a part of the Agreement and shall be effective as of the date hereof. 9.Nothing in this Addendum shall imply or prohibit the addition of future members to EC911 pursuant to the terms of the Agreement and this Addendum. 10.This Addendum may be executed in several counterparts, each of which will be an original but all of which together shall constitute one and the same instrument. 11.In the event that any of the terms, covenants or conditions of this Addendum or their application shall be held invalid as to any person, entity or circumstances by any court having jurisdiction, the remainder of this Addendum and the application and effect of its terms, covenants or conditions to such persons, entities or circumstances shall not be affected thereby. Grand Island Council Session - 2/26/2019 Page 141 / 232 3 COUNTY OF BOONE ALBION, NEBRASKA BY:_________________________________ CHAIRPERSON, BOONE COUNTY BOARD OF COMMSSIONERS Dated this___day of _______________, 2019 COUNTY OF HAMILTON AURORA, NEBRASKA BY:_________________________________ CHAIRPERSON, HAMILTON COUNTY BOARD OF COMMSSIONERS Dated this___day of _______________, 2019 COUNTY OF POLK OSCEOLA, NEBRASKA BY:_________________________________ CHAIRPERSON, POLK COUNTY BOARD OF COMMSSIONERS Dated this___day of _______________, 2019 COUNTY OF BUTLER DAVID CITY, NEBRASKA BY:_________________________________ CHAIRPERSON, BUTLER COUNTY BOARD OF SUPERVISORS Dated this___day of _______________, 2019 COUNTY OF PLATTE COLUMBUS, NEBRASKA BY:_________________________________ CHAIRPERSON, PLATTE COUNTY BOARD OF SUPERVISORS Dated this___day of _______________, 2019 CITY OF COLUMBUS COLUMBUS, NEBRASKA BY:_________________________________ MAYOR, CITY OF COLUMBUS Dated this___day of _______________, 2019 COUNTY OF SAUNDERS WAHOO, NEBRASKA BY:_________________________________ CHAIRPERSON, SAUNDERS COUNTY BOARD OF SUPERVISORS Dated this___day of _______________, 2019 COUNTY OF NANCE FULLERTON, NEBRASKA BY:_________________________________ CHAIRPERSON, NANCE COUNTY BOARD OF SUPERVISORS Dated this___day of _______________, 2019 COUNTY OF MERRICK CENTRAL CITY, NEBRASKA BY:_________________________________ CHAIRPERSON, MERRICK COUNTY BOARD OF SUPERVISORS Dated this___day of _______________, 2019 COUNTY OF HALL GRAND ISLAND, NEBRASKA BY:_________________________________ CHAIRPERSON, HALL COUNTY BOARD OF SUPERVISORS Dated this___day of _______________, 2019 CITY OF GRAND ISLAND, NEBRASKA BY:_________________________________ Grand Island Council Session - 2/26/2019 Page 142 / 232 4 MAYOR, CITY OF GRAND ISLAND Dated this___day of _______________, 2019 Grand Island Council Session - 2/26/2019 Page 143 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-71 WHEREAS, the City of Grand Island, Nebraska, operates an emergency 911 call center through interlocal agreement with Hall County; and WHEREAS, the Grand Island Emergency Center, managed by the Grand Island Emergency Management Department is the Public Safety Answering Point (PSAP) for all of Hall County; and WHEREAS, since 2013, the East Central 911 Region (EC911) has maintained an Interlocal Agreement to jointly purchase and operate a shared 911 system (Call Works) in order to decrease costs, increase redundancy and share resources through statewide networks; and WHEREAS, Hamilton County has subsequently joined EC911 in November 2018, and WHEREAS, the Grand Island Emergency Center has an opportunity, through the upgraded 911 Call Works system provided by Motorola Solutions, to join the EC911 Interlocal group and benefit from the shared technology as well as prepare for migration to Next Generation 911 technologies with the EC911 group, and WHEREAS, members of the EC911 Committee have approved Grand Island Emergency Center joining the group as a full member by Interlocal Agreement and will forward the Addendum Adding Hall County to their respective County Boards for approval, and WHEREAS, the Grand Island Emergency Center will purchase and maintain its 911 equipment in the new and alternate 911 facilities in Grand Island, as well as move the 911 host to City Hall for better redundancy and security, with the option to join EC911 in the common software maintenance contract in future years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Mayor is hereby authorized and directed to approve entry of the Grand Island Emergency Center into the East Central 911 on behalf of the City of Grand Island and the Grand Island Emergency Center. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 144 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-11 #2019-72 -Approving Nebraska Personnel Consultants, LLC to Perform Comparability Pay Studies Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 2/26/2019 Page 145 / 232 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:February 26, 2019 Subject:Approving Nebraska Personnel Consultants, LLC to Perform Comparability Pay Studies Presenter(s):Aaron Schmid, Human Resources Director Background The City conducts wage and benefits surveys of our workforce in order to comply with Nebraska Revised Statute §48-818. The statute requires public employers to establish rates of pay and conditions of employment that are comparable to the prevalent pay and employment conditions of similar sized municipalities. In addition, wage and benefit data is used as a tool when negotiating collective bargaining agreements. Discussion This fiscal year the City will conduct labor negotiations with the Fraternal Order of Police (FOP) and the International Association of Firefighters (IAFF). The City is also due to complete a wage and benefit survey for the non-union workforce. The City conducted a request for proposal for consulting services to perform the pay studies. Nebraska Personnel Consultants, LLC was the sole respondent to the request for proposal. The City has employed the services of Paul Essman, the managing partner of Nebraska Personnel Consultants, LLC, to complete the wage and benefit surveys for several years. Mr. Essman has consistently provided credible survey data based on his history and knowledge of the City. Essman’s knowledge of NE Revised Statute §48-818 compliance and ability to serve as an expert witness for the Court of Industrial Relations (CIR) allows him to be a sole source provider. Administration is seeking Council approval to utilize Nebraska Personnel Consultants, LLC for the surveys to be conducted this year and future surveys. The cost to complete the FOP, IAFF and non-union surveys is $45,000. Grand Island Council Session - 2/26/2019 Page 146 / 232 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 Paul Essman of Nebraska Personnel Consultants, LLC to conduct salary and wage surveys for the City of Grand Island. Sample Motion Move to approve Nebraska Personnel Consultants, LLC to conduct salary and wage surveys for the City of Grand Island. Grand Island Council Session - 2/26/2019 Page 147 / 232 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES FOR PERFORMING COMPARABILITY PAY STUDIES RFP DUE DATE:February 12, 2019 at 4:00 p.m. DEPARTMENT:Human Resources PUBLICATION DATE:January 25, 2019 NO. POTENTIAL BIDDERS:1 SUMMARY OF PROPOSALS RECEIVED Nebraska Personnel Consultants, LLC Lincoln, NE cc:Aaron Schmid, Human Resources Director Tami Herald, HR Risk Mgt/Benefits Coor. Marlan Ferguson, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2101 Grand Island Council Session - 2/26/2019 Page 148 / 232 Approved as to Form¤ ___________ March 8, 2019¤ City Attorney R E S O L U T I O N 2019-72 WHEREAS, the City of Grand Island conducts comparability pay studies of its workforce; and WHEREAS, a request for proposal was conducted and Nebraska Personnel Consultants, LLC was the sole respondent; and WHEREAS, the cost of the services of Nebraska Personnel Consultants, LLC is $45,000 to complete the FOP, IAFF and non-union surveys; and WHEREAS, the services of Nebraska Personnel Consultants, LLC will be needed for future union and non-union comparability pay studies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Nebraska Personnel Consultants, LLC to conduct comparability pay studies for labor negotiations and the non-union group in the amount of $45,000 is hereby approved. BE IT FURTHER RESOLVED that the City may use the services of Nebraska Personnel Consultants, LLC for future union and non-union surveys and designate Nebraska Personnel Consultants, LLC as a sole source provider. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on February 26, 2019. ________________________________ Roger G. Steele, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 149 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-12 #2019-73 - Approving Acquisition of Public Right-of-Way in the Northwest Quarter of Section 23, Township 11 North, Range 10 West- East of Engleman Road/South of Old Potash Highway (Parcel No. 400200918- The Guarantee Group, Inc.) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 150 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-73 WHEREAS, public right-of-way is required by the City of Grand Island, from The Guarantee Group, LLC, for construction of Moores Creek Drainage Ditch extension in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: A TRACT OF LAND LOCATED IN PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE S89o16’47”W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER, A DISTANCE OF 34.89 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 201306251, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR HALL COUNTY, NEBRASKA AND THE POINT OF BEGINNING; THENCE N01o04’39”W ON THE EAST LINE OF SAID TRACT OF LAND, A DISTANCE OF 80.00 FEET; THENCE S89o16’47”W PARALLEL WITH AND 80.00 FEET DISTANCE FROM SAID SOUTH LINE, A DISTANCE OF 2163.96 FEET TO THE EAST LINE OF COPPER CREEK ESTATES NINTH SUBDIVISION; THENCE S01o04’46”E ON SAID EAST LINE, A DISTANCE OF 80.00 FEET TO SAID SOUTH LINE; THENCE N89o16’47”E ON SAID SOUTH LINE, A DISTANCE OF 2163.96 FEET TO THE POINT ON BEGINNING, CONTAINING 3.97 ACRES, MORE OR LESS. WHEREAS, an Agreement for the public right-of-way has been reviewed and approved by the City Legal Department; and WHEREAS, the cost of such acquisition is $99,999.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tract of land, in the amount of $99,999.00. 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, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 151 / 232 ROWROWROWROWROWROWROWROWROWROWDATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET FILE NO. OF TRACT 4 11 4/3/2018 R161975.00 HALLL COUNTY #1 HH/AW BOW PROPOSED EASEMENT SKETCH MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 23 T-11-NHALLL COUNTY R-10-W P:\Engineering\161975.00 - Grand Island 2017 CIP Project - Moores Creek Drainage Extension\6 Survey\Drawings\SV-161975.00 Easement.dwg, on 4/3/2018 4:07 PM. 800.723.8567 www.jeo.com Wahoo, NE 402-443-4661 PROPOSED ACQUISITION TRACT 4-THE GUARANTEE GROUP LLC/O’CONNER A TRACT OF LAND LOCATED IN PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE S89°16'47"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER, A DISTANCE OF 34.89 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 201306251, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR HALL COUNTY, NEBRASKA AND THE POINT OF BEGINNING; THENCE N01°04'39"W ON THE EAST LINE OF SAID TRACT OF LAND, A DISTANCE OF 80.00 FEET; THENCE S89°16'47"W PARALLEL WITH AND 80.00 FEET DISTANT FROM SAID SOUTH LINE, A DISTANCE OF 2163.96 FEET TO THE EAST LINE OF COPPER CREEK ESTATES NINTH SUBDIVISION; THENCE S01°04'46"E ON SAID EAST LINE, A DISTANCE OF 80.00 FEET TO SAID SOUTH LINE; THENCE N89°16'47"E ON SAID SOUTH LINE, A DISTANCE OF 2163.96 FEET TO THE POINT OF BEGINNING, CONTAINING 3.97 ACRES, MORE OR LESS. PROPOSED ACQUISITION TRACT 4 Grand Island Council Session - 2/26/2019 Page 152 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-13 #2019-74 - Approving Purchase of One (1) 2019 Pipehunter Articulating Sidekick Easement Machine for the Collection Crew of the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 153 / 232 Council Agenda Memo From:Jon Menough PE, Wastewater Treatment Plant Engineer Meeting:February 26, 2019 Subject:Approving Purchase of One (1) 2019 Pipehunter Articulating Sidekick Easement Machine for the Collection Crew of the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Wastewater Division of the Public Works Department cleans/flushes sanitary sewer lines to facilitate efficient use of such system and aid in the maintenance and repair of sanitary sewer mains. Many of the areas the crew needs to access are smaller than what a vehicle and trailer can maneuver within, which leaves those areas without much attention. Discussion The Wastewater Division has funds budgeted in the 2018/2019 fiscal year for a new Articulating Sidekick Easement machine, which will enable the crew to access sanitary sewer mains in smaller areas. In 2013, the Grand Island City Council approved the use of the Huston-Galveston Area Council (HGAC) with Resolution No. 2013-193. To meet competitive bidding requirements, the Wastewater Division obtained contract pricing from HGAC Contract No. SC01-18 awarded to Texas Underground, Inc. of Pearland, Texas. Public Works staff is recommending the purchase of one (1) new 2019 Pipehunter Articulating Sidekick Easement machine from Texas Underground, Inc. of Pearland, Texas in the total amount of $49,985.48. Grand Island Council Session - 2/26/2019 Page 154 / 232 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of one (1) 2019 Pipehunter Articulating Sidekick Easement machine from Texas Underground, Inc. of Pearland, Texas in the total amount of $49,985.48. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2019 Page 155 / 232 Contract No.:SC01-18 Date Prepared:2/19/2019 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:HO59 Description: 29,977.24 Cost Cost Articulating Reel 4200 4000 200 FT 1" @2.99ft Jet Hose Piranha 600 FT Total 598 4500 Double Roller Level Wind 295 4200 Manual Footage Counter 712 Riding Plate 195 12 Volt Plug 80 LED WORK LIGHTS Mounted 2 @200.00 400 Tiger Tail 85 Dump Hose Valve Pipeing And Hose Attachment 345 773.24 185 Subtotal B: 20568.24 Cost Cost Subtotal C: 0 0% D. Total Cost before any other applicable Charges, Trade-Ins, Allowances, Discounts, Etc. (A+B+C) 1 50545.48 = Subtotal D: 50545.48 Cost Cost -2800 2240 Subtotal E: -560 49985.48 EXTEND TRAC 36" to 48" Description C. Unpublished Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) FREIGHT & TRAINING X Subtotal of A + B + C: E. Other Charges, Trade-Ins, Allowances, Discounts, Etc. Description Description For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). CONTRACT PRICING WORKSHEET For Standard Equipment Purchases Sidekick Easement Machine (Articulated Drive) A. Product Item Base Unit Price Per Contractor's H-GAC Contract: 281-485-5953 This Form must be prepared by Contractor and given to End User. End User issues PO to Contractor, and MUST also fax a copy of PO, together with completed Pricing Worksheet, to H-GAC @ 713-993-4548. Please type or print legibly. Grand Island NE. Scott Cameron Texas Underground Inc. Todd B Bolin F. Total Purchase Price (D+E): Delivery Date: 90-120 Subtotal From Additional Sheet(s): Quantity Ordered: 308 385 8040 scottc@grand-island.com Description Tranport Trailer W Electric Brakes Description Riding Plate Subtotal From Additional Sheet(s): 800 373 1318 todd@pipehunter.com Description Rubber Track Upgrade B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code in description if applicable (Note: Published Options are options which were submitted and priced in Contractor's bid.) Discount Outriggers For Tracks Grand Island Council Session - 2/26/2019 Page 156 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-74 WHEREAS, the Collection Crew of the Wastewater Division cleans/flushes sanitary sewer lines to facilitate efficient use of such system, and aid in the maintenance and repair of sanitary sewer mains; and WHEREAS, many of the areas the crew needs to access are smaller than what a vehicle and trailer can maneuver within, which leaves those areas without much attention; and WHEREAS, the Wastewater Division has funds budgeted in the 2018/2019 fiscal year for a new Articulating Sidekick Easement machine, which will enable the crew to access sanitary sewer mains in smaller areas; and WHEREAS, to meet competitive bidding requirements, the Wastewater Division obtained contract pricing from HGAC Contract No. SC01-18 awarded to Texas Underground, Inc. of Pearland, Texas; and WHEREAS, it is recommended to purchase one (1) new 2019 Pipehunter Articulating Sidekick Easement machine from Texas Underground, Inc. of Pearland, Texas in the total amount of $49,985.48. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) new 2019 Pipehunter Articulating Sidekick Easement machine from Texas Underground, Inc. of Pearland, Texas in the total amount of $49,985.48 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 157 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-14 #2019-75 - Approving Bid Award for the 2019 Asphalt Resurfacing Project No. 2019-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 158 / 232 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:February 26, 2019 Subject:Approving Bid Award for the 2019 Asphalt Resurfacing Project No. 2019-AC-1 Presenter(s):John Collins PW, Public Works Director Background On January 25, 2019 the Engineering Division of the Public Works Department advertised for bids for the 2019 Asphalt Resurfacing Project No. 2019-AC-1. There were four (4) potential bidders for this project. This year’s work involves asphalt resurfacing on the following City streets. Section #1 – 4th Street; BNSF Railroad to Beal Street Section #2 – 4th Street; Congdon Avenue to 7th Street Section #3 – Sky Park Road; 7th Street to White Cloud Road Section #4 – Airport Road; Homestead Drive to Sky Park Road Discussion Three (3) bids were received and opened on February 14, 2019. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Gary Smith Construction Co, Inc. of Grand Island, NE J.I.L. Asphalt Paving Co. of Grand Island, NE Vontz Paving, Inc. of Hastings, NE Bid Section 1 $39,250.05 $47,903.28 $43,792.63 Bid Section 2 $59,551.80 $60,483.22 $60,508.54 Bid Section 3 $465,042.60*$500,977.46 $495,815.82 Bid Section 4 $43,532.80 $42,748.53*$43,367.33 Grand Total = $607,377.25*$652,112.49*$643,484.32 *corrected calculation There are sufficient funds in Account No. 21033506-85354 to fund this project. Grand Island Council Session - 2/26/2019 Page 159 / 232 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding a contract to Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $607,377.25 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 2/26/2019 Page 160 / 232 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 14, 2019 at 2:00 p.m. FOR:Asphalt Maintenance Project No. 2019-AC-1 DEPARTMENT:Public Works ESTIMATE:$1,350,000.00 FUND/ACCOUNT:21033506 PUBLICATION DATE:January 25, 2019 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:Vontz Paving, Inc.Gary Smith Const. Co., Inc. Hastings, NE Grand Island, NE Bid Security:North American Specialty Ins. Co.Inland Insurance Co. Exceptions:None None Bid Price: Section 1:$ 43,792.63 $ 39,250.05 Section 2:$ 60,508.54 $ 59,551.80 Section 3:$495,815.82 $465,042.10 Section 4:$ 43,367.33 $ 43,532.80 Total:$643,484.32 $607,376.75 Bidder:J.I.L. Asphalt Paving Co. Grand Island, NE Bid Security:Granite Re, Inc. Exceptions:None Bid Price: Section 1:$ 46,903.28 Section 2:$ 60,483.22 Section 3:$500,977.46 Section 4:$ 44,679.03 Total:$653,042.99 Grand Island Council Session - 2/26/2019 Page 161 / 232 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Patrick Brown, Finance Director Tim Golka, Engineer I P2102 Grand Island Council Session - 2/26/2019 Page 162 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-75 WHEREAS, the City of Grand Island invited sealed bids for Asphalt Resurfacing Project No. 2019-AC-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on February 14, 2019 bids were received, opened, and reviewed; and WHEREAS, Gary Smith Construction Co., Inc. of Grand Island, 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 $607,377.25; and WHEREAS, Gary Smith Construction Co., Inc.’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2018/2019 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 Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $607,377.25 for Asphalt Maintenance Project No. 2019-AC-1 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, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 163 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-15 #2019-76 - Approving Change Order No. 5 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 164 / 232 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:February 26, 2019 Subject:Approving Change Order No. 5 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $2,306,455.27 contract on March 28, 2017, via Resolution No. 2017-88, for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1. On October 10, 2017, via Resolution No. 2017-276, City Council approved Change Order No. 1 in the amount of $97,640.79, which allowed for replacement of Manhole No. 75 and extended the completion date from March 15, 2018 to April 14, 2018, resulting in a revised contract amount of $2,404,096.06. On April 10, 2018, via Resolution No. 2018-99, City Council approved Change Order No. 2 at no cost, which allowed for a time extension from April 14, 2018 to June 30, 2018. On July 10, 2018, via Resolution No. 2018-202, City Council approved Change Order No. 3 at no cost, which allowed for a time extension from June 30, 2018 to August 31, 2018. On January 8, 2019, via Resolution No. 2019-21, City Council approved Changed Order No. 4 in the amount of $29,657.48, which allowed for quantities to be rectified, resulting in a revised contract amount of $2,433,753.54. Lift Station No. 20 pumped an average of 220,000 gallons per day. To accommodate anticipated growth to handle a daily flow rate of over 1 million gallons a day, upgrades to this lift station were necessary. The existing force main from Lift Station No. 20 was also in need of replacement and or repair due to poor pipe condition. The force main experienced multiple breaks in recent years. Grand Island Council Session - 2/26/2019 Page 165 / 232 The project was recognized as reaching substantial completion on November 1, 2018. Elimination of Lift Station No. 14 and abandonment of the force main has been completed. Discussion Change Order No. 5, in the amount of $2,675.00, is being requested to address necessary safety items, liquidated damages, and to update the completion date from August 31, 2018 to April 30, 2019. The revised contract amount will be $2,436,428.54, upon Change Order No. 5 approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 5 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 with The Diamond Engineering Company of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2019 Page 166 / 232 CHANGE ORDER NO. 5 PROJECT:Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $2,306,455.27 CONTRACT DATE: March 29, 2017 Contract Price Prior to this Change Order…………………………………$2,306,455.27 Net Increase from Change Order No. 1…………………………………….$ 97,640.79 Net Change from Change Order No. 2……………………………………..$ 0.00 Net Change from Change Order No. 3……………………………………..$ 0.00 Net Change from Change Order No. 4……………………………………..$ 29,657.48 LS No. 20 CO5-1 Remove Bollard and Install Safety Chain $ 1,675.00 + 1.00 LS $ 1,675.00 CO5-2 Raise JIB Crane $ 11,000.00 + 1.00 LS $ 11,000.00 CO5-3 Liquidated Damages (10/1/2018 through 12/21/2018)$ (10,000.00)+ 1.00 LS $ (10,000.00) Subtotal LS No. 20 Change Order No. 5= $2,675.00 Net Increase Resulting from this Change Order………………………….. $ 2,675.00 Revised Contract Price Including this Change Order…………………….. $2,436,428.54 Notice to Proceed Date ------------------------------------------------------------------------------March 30, 2017 Original Completion Date ---------------------------------------------------------------------------March 15, 2018 First Revised Completion Date -------------------------------------------------------------------- April 14, 2018 Second Revised Completion Date ---------------------------------------------------------------- June 30, 2018 Third Revised Completion Date --------------------------------------------------------------------August 31, 2018 Fourth Revised Completion Date------------------------------------------------------------------- April 30, 2019 Grand Island Council Session - 2/26/2019 Page 167 / 232 2 | Page City of Grand Island | Change Order No. 5 Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 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 - 2/26/2019 Page 168 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-76 WHEREAS, on March 28, 2017, via Resolution No.2017-88, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $2,306,455.27 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1; and WHEREAS, on October 10, 2017, via Resolution No. 2017-276, City Council approved Change Order No. 1 to the original agreement, which allowed for replacement of Manhole NO. 75 and extended the completion date from March 15, 2018 to April 14, 2018 in the amount of $97,640.79; and WHEREAS, on April 10, 2018, via Resolution No. 2018-99, City Council approved Change Order No. 2 at no cost, which allowed for a time extension from April 14, 2018 to June 30, 2018; and WHEREAS, on July 10, 2018, via Resolution No. 2018-202, City Council approved Change Order No. 3 at no cost, which allowed for a time extension from June 30, 2018 to August 31, 2018; and WHEREAS, on January 8, 2019, via Resolution No. 2019-21, City Council approved Change Order No. 4 in the amount of $29,657.48, which allowed for quantities to be rectified, resulting in a revised contract amount of $2,433,753.54; and WHEREAS, it has been determined that additional items need to be addressed, consisting of safety issues, liquidated damages, and an update to the completion date from August 31, 2018 to April 30, 2019 to complete such project; and WHEREAS, such modifications have been incorporated into Change Order No. 5; and WHEREAS, the cost of Change Order No. 5 is $2,675.00, for a revised contract agreement amount of $2,436,428.54. 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. 5, in the amount of $2,675.00, between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Grand Island Council Session - 2/26/2019 Page 169 / 232 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 170 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-16 #2019-77 - Approving Agreement for Utility Relocation Services to be performed by AT&T for the North Broadwell Drainage; Project No. 2018-D-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 171 / 232 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:February 26, 2019 Subject:Approving Agreement for Utility Relocation Services to be performed by AT&T for the North Broadwell Drainage; Project No. 2018-D-1 Presenter(s):John Collins PE, Public Works Director Background The North Broadwell Drainage; Project No. 2018-D-1 will consist of removing trees and re-grading the ditch to allow for proper maintenance and improved channel flow. The improvements require that utilities owned by AT&T are relocated due to the elevation of the ditch rework. All agreements must be approved by the City Council. Discussion During the project design process, Public Works staff worked with officials from AT&T to review impacts the drainage improvements would have on their existing infrastructure. It was determined the AT&T infrastructure within with the North Broadwell Drainage: Project No. 2018-D-1 would need to be lowered. The estimated cost for the relocation work of AT&T’s infrastructure is $20,000.00, of which the City of Grand Island is responsible for 57.5%, resulting in an anticipated City cost of $11,500.00. Construction award of the North Broadwell Drainage; Project No. 2018-D-1 is on the agenda at tonight’s meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 2/26/2019 Page 172 / 232 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement for Utility Relocation Services to be performed by AT&T for the North Broadwell Drainage; Project No. 2018-D-1. Sample Motion Move to approve the agreement. Grand Island Council Session - 2/26/2019 Page 173 / 232 AT&T Confidential 1 REIMBURSEMENT AGREEMENT This AGREEMENT made this ______ day of __________, 2019 by and between AT&T Corp., on behalf of itself and its affiliated companies, which has a place of business at 3450 Riverwood Parkway, S. E., Room 162, Atlanta, GA 30339 (“AT&T”) And The City of Grand Island, NE, which has a place of business at PO Box 1968, 100 East 1st St. Grand Island, NE 68802 (“Developer”). WITNESSETH: WHEREAS, AT&T is a grantee of an Easement in the County of Hall, State of Nebraska (the “Easement”); and WHEREAS, the Easement Area and any AT&T buried cable and associated facilities that have been placed within the Easement Area will be adversely impacted by Developer’s proposed construction within the Easement strip; and WHEREAS, Developer will reimburse AT&T for AT&T’s cost of protecting, relocating and/or lowering a section of the AT&T Grand Island to Prospect Valley (Core HA-1) Cable (the “Cable). NOW THEREFORE, the parties agree as follows: 1. AT&T will provide engineering, plant protection, labor, materials, and supervision necessary to protect, relocate and/or lower the Cables, as deemed necessary in AT&T’s sole judgment (the “Work”). The Work is more particularly described in attached Exhibit A. The starting date will be set by the parties so that the Work can be completed as expeditiously as practicable. 2. Developer shall pay AT&T the actual cost of the Work, which is estimated to be Eleven Thousand Five Hundred Dollars & 00/100 ($11,500.00), as shown on attached Exhibit B. The estimated cost shall be paid by Developer upon completion of project. Developer acknowledges that the estimated cost does not include rock removal costs and that if rock removal is required, the actual cost may greatly exceed the estimated cost. Upon completion of the Work, AT&T will send a final invoice to Developer for the actual cost of the Work. If the actual cost is greater than the estimated amount, Developer will pay to AT&T the difference within thirty (30) days from the invoice date. If the actual cost is less than the estimated amount, AT&T shall reimburse Developer the difference within sixty (60) days from the invoice date. Exhibits A and B are only good for sixty (60) days from the date of receipt of this agreement. 3. Developer agrees to exercise all due caution while working near the Cable, in order to prevent damage to the Cable. Developer agrees: Grand Island Council Session - 2/26/2019 Page 174 / 232 AT&T Confidential 2 (a) to notify AT&T by telephone at 1-800 252-1133 at least forty-eight (48) hours prior to performing any construction, demolition or repairs at the Cable location; (b) not to use at the Cable location any tool, equipment, or the machinery capable of being operated within ten (10) feet of the Cable; (c) to perform construction, demolition, repair, modifications, additions and any other activities in compliance with all applicable laws and regulations and in a manner that does not interfere with the operations of AT&T; and (d) not to work at the Cable location without AT&T’s prior authorization and AT&T’s On-Site Work Force personnel being present during the work. 4. Developer (the “Indemnifying Party”) shall indemnify, defend and hold harmless AT&T (the “Indemnified Party”) from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, costs and expenses (including reasonable attorneys’ fees and disbursements) that may from time to time be asserted by third parties against the Indemnified Party because of any personal injury, including death, to any person or loss of, physical damage to or loss of use of real or tangible personal property, to the extent caused by the negligence or misconduct of the Indemnifying Party, its agents, employees or contractors. For purposes of indemnifications set forth in this Agreement, “Indemnified Party” means AT&T, its affiliates, subsidiaries, parent, successors and assigns and its and their employees, directors, officers, agents, contractors and subcontractors. The Indemnified Party: 4.1 shall notify the Indemnifying Party in writing promptly upon learning of any claim or suit for which indemnification may be sought, provided that failure to do so shall have no effect except to the extent the Indemnifying Party is prejudiced thereby; 4.2 shall have the right to participate in such defense or settlement with its own counsel and at its own expense, but the Indemnifying Party shall have control of this defense or settlement; and 4.3 shall reasonably cooperate with the defense. 5. AT&T makes no warranties, express or implied, including any implied warranties as to merchantability or fitness for a particular purpose. 6. Notwithstanding any provision of this agreement to the contrary, except as provided in Section 4, in no event shall either party be liable to the other party for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers or of other third parties, occasioned by any cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence or strict liability. 7. Insurance Grand Island Council Session - 2/26/2019 Page 175 / 232 AT&T Confidential 3 a. With respect to Developer’s performance under this Agreement, and in addition to Developer’s obligation to indemnify, Developer if they are performing any work hereunder or their contractors, at Developer’s sole cost and expense shall: i. maintain the insurance coverages and limits required by this Section and any additional insurance and/or bonds required by law: 1. at all times during the term of this Agreement and until completion of all Work associated with this Agreement, whichever is later; and 2. with respect to any coverage maintained in a “claims- made” policy, for two (2) years following the term of this Agreement or completion of all Work associated with this Agreement, whichever is later. If a “claims-made” policy is maintained, the retroactive date must precede the commencement of Work under this Agreement; ii. require each subcontractor who may perform Work under this Agreement or enter upon the Work site to maintain coverages, requirements, and limits at least as broad as those listed in this Section from the time when the subcontractor begins Work, throughout the term of the subcontractor’s Work and, with respect to any coverage maintained on a “claims-made” policy, for two (2) years thereafter; iii. procure the required insurance from an insurance company eligible to do business in the state or states where Work will be performed and having and maintaining a Financial Strength Rating of “A-” or better and a Financial Size Category of “VII” or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies, except that, in the case of Workers’ Compensation insurance, Developer may procure insurance from the state fund of the state where Work is to be performed; and iv. deliver to AT&T certificates of insurance stating the types of insurance and policy limits. Developer shall provide or will endeavor to have the issuing insurance company provide at least 30 days advance written notice of cancellation, non-renewal, or reduction in coverage, terms, or limits to AT&T. Developer shall deliver such certificates: 1. prior to execution of this Agreement and prior to commencement of any Work; 2. prior to expiration of any insurance policy required in this Section; and 3. for any coverage maintained on a “claims-made” policy, for two (2) years following the term of this Agreement or completion of all Work associated with this Agreement, whichever is later. b. The Parties agree: i. the failure of AT&T to demand such certificate of insurance or failure of AT&T to identify a deficiency will not be construed as a waiver of Developer’s obligation to maintain the insurance required under this Agreement; Grand Island Council Session - 2/26/2019 Page 176 / 232 AT&T Confidential 4 ii. that the insurance required under this Agreement does not represent that coverage and limits will necessarily be adequate to protect Developer, nor be deemed as a limitation on Developer’s liability to AT&T in this Agreement; iii. Developer may meet the required insurance coverages and limits with any combination of primary and Umbrella/Excess liability insurance; and iv. Developer is responsible for any deductible or self-insured retention. c. The insurance coverage required by this Section includes: i. Workers’ Compensation insurance with benefits afforded under the laws of any state in which the Work is to be performed and Employers Liability insurance with limits of at least: $500,000 for Bodily Injury – each accident $500,000 for Bodily Injury by disease – policy limits $500,000 for Bodily Injury by disease – each employee To the fullest extent allowable by Law, the policy must include a waiver of subrogation in favor of AT&T, its Affiliates, and their directors, officers and employees. In states where Workers’ Compensation insurance is a monopolistic state-run system, Developer shall add Stop Gap Employers Liability with limits not less than $500,000 each accident or disease. ii. Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 12 04 or a substitute form providing equivalent coverage, covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with limits of at least: $2,000,000 General Aggregate limit $1,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (1) occurrence $1,000,000 each occurrence limit for Personal Injury and Advertising Injury $2,000,000 Products/Completed Operations Aggregate limit $1,000,000 each occurrence limit for Products/Completed Operations The Commercial General Liability insurance policy must: 1. include AT&T, its Affiliates, and their directors, officers, and employees as Additional Insureds. Developer shall provide a copy of the Additional Insured endorsement to AT&T. The Additional Insured endorsement may either be specific to AT&T or may be “blanket” or “automatic” addressing any person or entity as required by contract. A copy of the Additional Insured endorsement must be provided within 60 days of execution of this Agreement and within 60 days of each Commercial General Liability policy renewal; 2. include a waiver of subrogation in favor of AT&T, its Affiliates, and their directors, officers and employees; and Grand Island Council Session - 2/26/2019 Page 177 / 232 AT&T Confidential 5 3. be primary and non-contributory with respect to any insurance or self-insurance that is maintained by AT&T. ii. Business Automobile Liability insurance with limits of at least $1,000,000 each accident for bodily injury and property damage, extending to all owned, hired, and non-owned vehicles. 8. Developer shall keep the Cable and other property of AT&T free from all mechanic’s, artisan’s, materialman’s, architect’s, or similar services’ liens which arise in any way from or as a result of its activities and cause any such liens which may arise to be discharged or released. 9. Except for payment of the cost of the Work, neither party shall have any liability for its delays or its failure in performance due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the Elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes beyond its control, whether or not similar to the foregoing. 10. A party shall be in default if it fails to perform or observe any material term or condition of this Agreement and the failure continues unremedied for thirty (30) days after receipt of written notice (fourteen (14) days in the case of Developer’s failure to pay AT&T the estimated and/or actual cost of the Work); provided, however, that when such default (excluding Developer’s non-payment) cannot reasonably be cured within such thirty (30) day period, this period will be extended if that party promptly commences to cure the same and prosecutes such curing with due diligence. Upon the default by a party, the other party may terminate this Agreement and pursue any legal remedies it may have under applicable law or principles of equity. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. Developer shall not assign, transfer, or dispose of this Agreement or any of its rights or obligations hereunder without prior written consent of AT&T; provided, however, that Developer may assign or transfer this Agreement to a controlling or controlled affiliate or to a successor in the event of reorganization, including a merger or sale of substantially all of its assets, without the consent of AT&T. An assignment, transfer or disposition of this Agreement by Developer shall not relieve Developer of any of its obligations under this Agreement. AT&T shall have the right to assign this Agreement and to assign its rights and delegate its obligations and liabilities under this Agreement, either in whole or in party, to any party. An assignment, transfer or disposition of this Agreement by AT&T shall not relieve AT&T of any of its obligations under this Agreement. Neither this Agreement, nor any term or provision hereof, nor any inclusion by reference shall be construed as being for the benefit of any person or entity not a signatory hereto. 12. Any demand, notice or other communication to be given to a party in connection with this Agreement shall be given in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, or by commercial overnight delivery Grand Island Council Session - 2/26/2019 Page 178 / 232 AT&T Confidential 6 service addressed to the recipient as set forth below or to such other address or individual, as may be designated by notice given by the party to the other: AT&T: AT&T CORP. 3450 Riverwood Parkway, S. E. Atlanta, GA 30339 Room 162-SP Attention: Right of Way Dept. With a copy to: AT&T One AT&T Way Room 3A105 Bedminster, NJ 07921 Attention: Legal Department – Network Services Developer: City of Grand Island, NE Attn: Roger G. Steele, Mayor PO Box 1968 100 East 1st St. Grand Island, NE 68802 Any demand, notice or other communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and if given by registered or certified mail, return receipt requested or by commercial overnight delivery service on the date of receipt thereof. 13. The failure of either party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, and said provision shall nevertheless be and remain in full force and effect. 14. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Nebraska without reference to its choice of law principles. 15. Each party represents and warrants that: (a) It has full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; (b) It has taken all requisite corporate action to approve the execution, delivery and performance of this Agreement; (c) This Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to Grand Island Council Session - 2/26/2019 Page 179 / 232 AT&T Confidential 7 bankruptcy, insolvency, creditors’ rights and general equitable principles; and (d) Its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes, or court orders of any local, state or federal government agency, court or body. 16. This Agreement constitutes the entire and final agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior oral and written communications, understandings and agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits referred to herein are an integral part hereof and are hereby made a part of this Agreement. This Agreement may only be modified or supplemented by an instrument in writing executed by a duly authorized representative of each party. 17. Each action or claim against any party arising under or relating to this Agreement shall be made only against such party as a corporate, and any liability relating thereto shall be enforceable only against the corporate assets of such party. No party shall seek to pierce the corporate veil or otherwise seek to impose any liability relating to, or arising from, this Agreement against any shareholder, employee, officer or director of the other party. Each of such persons is an intended beneficiary of the mutual promises set forth in this Section 17 and shall be entitled to enforce the obligations of this Section 17. 18. The relationship between the parties shall not be that of partners, agents or joint ventures for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The parties, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. 19. This Agreement and each of the parties’ respective rights and obligations under this Agreement shall be binding upon and shall inure to benefit of the parties and each of their respective permitted successors and assigns. 20. No provision of this Agreement shall be interpreted to require any unlawful action by either party. If any section or clause of this Agreement is held to be invalid or unenforceable, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible. If no feasible interpretation would save the section or clause, it shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, in the event such a section or clause is an essential element of the Agreement, the parties shall promptly negotiate a replacement that will achieve the intent of such unenforceable section or clause to the extent permitted by law. 21. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. Grand Island Council Session - 2/26/2019 Page 180 / 232 AT&T Confidential 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives as of the date first above set forth. City of Grand Island, NE AT&T CORP. By: By:___________________________ Name: Roger G. Steele Name:________________________ Title: Mayor Title:_________________________ Tax ID: Date: Date: Grand Island Council Session - 2/26/2019 Page 181 / 232 AT&T Confidential 9 EXHIBIT A Scope of Work Engineering and Inspecting, Mobilization, Traffic Control, Excavating and lowering to depths of 11’ for 80 LF, Shore boxes and trench safety precautions, Ring cutting and adding additional conduit as required including pulling slack cable, if required, Relocation of 3 AT&T Marker Poles within project scope. EXHIBIT B ESTIMATED COST Engineering and Inspection Total: $ 9,000.00 Construction Total: $ 11,000.00 Total Cost of Project $ 20,000.00 AT&T Responsibility 42.50% $8,500.00 City of Grand Island 57.50% $11,500.00 TOTAL DUE (as shown on page 1) $ 11,500.00 Grand Island Council Session - 2/26/2019 Page 182 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-77 WHEREAS, the City of Grand Island has developed the North Broadwell Drainage; Project No. 2018-D-1 to allow for proper maintenance and improved channel flow; and WHEREAS, the improvements require that utilities owned by AT&T are relocated due to the elevation of the ditch rework; and WHEREAS, the estimated cost for the relocation work of AT&T’s infrastructure is $20,000.00, of which the City of Grand Island is responsible for 57.5%, resulting in an anticipated City cost of $11,500.00; and WHEREAS, the City of Grand Island and AT&T wish to enter into a Reimbursement Agreement to provide relocation of the affected AT&T infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign the attached Reimbursement Agreement between the City of Grand Island, Nebraska and AT&T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 183 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-17 #2019-78 - Approving Agreement with Nebraska Department of Transportation (NDOT) for Improvements to US Highway 30 Bridges in Grand Island; Project No. NH-30-4(162); Control No. 42776 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 184 / 232 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:February 26, 2019 Subject:Approving Agreement with Nebraska Department of Transportation (NDOT) for Improvements to US Highway 30 Bridges in Grand Island; Project No. NH- 30-4(162); Control No. 42776 Presenter(s):John Collins PE, Public Works Director Background The Nebraska Department of Transportation (NDOT) is preparing plans for improvements to US Highway 30 bridges at the junction of US Highway 30 and US Highway 281/North 2 and from the intersection of US Highway 30 and Old Lincoln Highway east to the intersection of US Highway 30 and Grant Street, with the City cost sharing on the portion within City limits. All agreements must be approved by the City Council. Discussion The improvements to US Highway 30 consist of the following: Repairing and milling the existing roadway and resurfacing with asphalt Replacing approaches, remodeling abutments and wing walls, replacing or constructing median barrier, and sidewalk overlay, as well as other necessary repairs The total cost of work within City limits is currently estimated to be $1,842,000.00 with the City’s share at $213,200.00. The actual cost is likely to be greater than the preliminary estimates as details of design are further developed. The agreement is attached for further review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 2/26/2019 Page 185 / 232 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 a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 2/26/2019 Page 186 / 232 Grand Island Council Session - 2/26/2019 Page 187 / 232 Grand Island Council Session - 2/26/2019 Page 188 / 232 Grand Island Council Session - 2/26/2019 Page 189 / 232 Grand Island Council Session - 2/26/2019 Page 190 / 232 Grand Island Council Session - 2/26/2019 Page 191 / 232 Grand Island Council Session - 2/26/2019 Page 192 / 232 Grand Island Council Session - 2/26/2019 Page 193 / 232 Grand Island Council Session - 2/26/2019 Page 194 / 232 Grand Island Council Session - 2/26/2019 Page 195 / 232 Grand Island Council Session - 2/26/2019 Page 196 / 232 Grand Island Council Session - 2/26/2019 Page 197 / 232 Grand Island Council Session - 2/26/2019 Page 198 / 232 Grand Island Council Session - 2/26/2019 Page 199 / 232 Grand Island Council Session - 2/26/2019 Page 200 / 232 Grand Island Council Session - 2/26/2019 Page 201 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-78 WHEREAS, the Nebraska Department of Transportation is preparing plans for improvements to US Highway 30 bridges at the junction of US Highway 30 and US Highway 281/North 2 and from the intersection of US Highway 30 and Old Lincoln Highway east to the intersection of US Highway 30 and Grant Street, with the City cost sharing on the portion within City limits; and WHEREAS, such improvements shall consist of: Repairing and milling the existing roadway and resurfacing with asphalt Replacing approaches, remodeling abutments and wing walls, replacing or constructing median barrier, and sidewalk overlay, as well as other necessary repairs. WHEREAS, this project is to be constructed with a cost share from the City of Grand Island, currently estimated at $213,200.00; and WHEREAS, an agreement with the Nebraska Department of Transportation is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Department of Transportation for the improvements to US Highway 30 bridges at the junction of US Highway 30 and US Highway 281/North 2 and from the intersection of US Highway 30 and Old Lincoln Highway east to the intersection of US Highway 30 and Grant Streetis 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, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 202 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-18 #2019-79 - Approving Purchase of One (1) Utility Vehicle for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 203 / 232 Council Agenda Memo From:Jon Menough PE, Wastewater Treatment Plant Engineer Meeting:February 26, 2019 Subject:Approving Purchase of One (1) Utility Vehicle for the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Wastewater Division of the Public Works Department currently has one (1) 2014 Bobcat 3400 and wishes to trade it in towards the purchase of one (1) John Deere Utility Vehicle. Such transaction will allow more efficiency when working within the Wastewater Treatment Plant, as well as lowering fleet operations cost and capitalizing on the value of the used equipment. Discussion Utilizing the Houston-Galveston Area Council (HGAC) buying group, which was approved by City Council via Resolution No. 2013-193, Wastewater staff is able to trade one (1) 2014 Bobcat 3400 to Landmark Implement of Shelton, Nebraska towards the purchase of one (1) new John Deere Utility Vehicle. The equipment to be traded in has had a yearly average maintenance/repair cost of $3,000.00 the last five (5) years, and is emitting high levels of carbon monoxide when in use. The new utility vehicle has better exterior lighting, thus making for a safer work environment for the plant employees, and also has the capability of mounting a snow blade to aid in snow removal around the plant. Wastewater staff also uses the utility vehicle as a replacement for pickups in the transportation and hauling of tools and equipment within the plant. Trade-In Equipment Trade-In Allowance 2014 Bobcat 3400 $5,5000.00 Total Trade-In Allowance = $5,500.00 Grand Island Council Session - 2/26/2019 Page 204 / 232 New Equipment Purchase Price 2019 John Deere XUV835R $25,758.11 Total New Equipment Cost = $25,758.11 After the trade in of the used equipment the net purchase price is $20,258.11 for the Wastewater Division to acquire one (1) utility vehicle. Such purchase was budgeted for in Fiscal Year 2018/2019. 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 such trade-in and purchase of with Landmark Implement of Shelton, Nebraska in the net amount of $20,258.11 for the Wastewater Division. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2019 Page 205 / 232 Grand Island Council Session - 2/26/2019 Page 206 / 232 Grand Island Council Session - 2/26/2019 Page 207 / 232 Grand Island Council Session - 2/26/2019 Page 208 / 232 Grand Island Council Session - 2/26/2019 Page 209 / 232 Grand Island Council Session - 2/26/2019 Page 210 / 232 Grand Island Council Session - 2/26/2019 Page 211 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-79 WHEREAS, the Wastewater Division of the Public Works Department currently has one (1) 2014 Bobcat 3400 and wishes to trade it in towards the purchase of one (1) John Deere Utility Vehicle; and WHEREAS, through the Houston-Galveston Area Council (HGAC) buying group such Bobcat 3400 can be traded towards the requested purchase, which will allow for more efficiency when working within the Wastewater Treatment Plant, as well as lowering fleet operation costs and capitalizing on the value of the used equipment, equipment summary follows: Trade-In Equipment Trade-In Allowance 2014 Bobcat 3400 $5,5000.00 Total Trade-In Allowance = $5,500.00 New Equipment Purchase Price 2019 John Deere XUV835R $25,758.11 Total New Equipment Cost = $25,758.11 WHEREAS, after trade in of the current equipment there will be a balance due Landmark Implement of Shelton, Nebraska of $20,258.11 from the Wastewater Division. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the trade-in and purchase of equipment with Landmark Implement of Shelton, Nebraska in the net amount of $20,258.11 for the Wastewater Division is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 212 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-19 #2019-80 - Approving Bid Award for North Broadwell Drainage; Project No. 2018-D-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/26/2019 Page 213 / 232 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:February 26, 2019 Subject:Approving Bid Award for North Broadwell Drainage; Project No. 2018-D-1 Presenter(s):John Collins PE, Public Works Director Background On February 12, 2019 the Engineering Division of the Public Works Department advertised for bids for North Broadwell Drainage; Project No. 2018-D-1. The bid package for this project was sent to twelve (12) potential bidders. This project will consist of removing trees and re-grading the ditch to allow for proper maintenance and improved channel flow. Discussion Four (4) bids were received and opened on February 19, 2019. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Starostka Group Unlimited, Inc. of Grand Island, NE None $247,981.06 Hooker Brothers Construction Company of Grand Island, NE None $413,750.37 Van Kirk Sand & Gravel, Inc. of Sutton, NE None $468,627.91 AMP Works of Grand Island, NE None $108,397.90* *corrected calculation & non-compliant bid The bid of Starostka Group Unlimited, Inc.’s is considered fair and reasonable and is well below the engineer’s estimate. Funds are available in Account No. 40000400-2000. Grand Island Council Session - 2/26/2019 Page 214 / 232 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $247,981.06. Sample Motion Move to approve the bid award. Grand Island Council Session - 2/26/2019 Page 215 / 232 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 19, 2019 at 2:30 p.m. FOR:North Broadwell Drainage Project No. 2018-D-1 DEPARTMENT:Public Works ESTIMATE:$310,000.00 FUND/ACCOUNT:400004000-2000 PUBLICATION DATE:February 12, 2019 NO. POTENTIAL BIDDERS:12 SUMMARY Bidder:AMP Works Starostka Group Unlimited, Inc. Grand Island, NE Grand Island, NE Bid Security:Cashier’s Check Universal Surety Co. Exceptions:None None Bid Price:$111,530.10 $247,981.06 Bidder:Van Kirk Bros. Contracting Hooker Brothers Construction Co., Inc. Sutton, NE Grand Island, NE Bid Security:Universal Surety Co.Western Surety Co. Exceptions:None None Bid Price:$468,627.91 $413,750.37 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, PW Engineer I P2111 Grand Island Council Session - 2/26/2019 Page 216 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-80 WHEREAS, the City of Grand Island invited sealed bids for North Broadwell Drainage; Project No. 2018-D-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on February 19, 2019 bids were received, opened, and reviewed; and WHEREAS, Starostka Group Unlimited, Inc. of Grand Island, 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 $247,981.06; and WHEREAS, Starostka Group Unlimited, Inc.’s bid is considered fair and reasonable for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $247,981.06 for North Broadwell Drainage; Project No. 2018-D-1 is hereby approved. 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, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 217 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-20 #2019-81 - Approving Amendment to 2016-2018 Consolidated Plan-2018 Annual Action Plan This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Amber Alvidrez Grand Island Council Session - 2/26/2019 Page 218 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-81 WHEREAS, on August 25, 2015, the City of Grand Island became an Entitlement Community; and WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, The City is required to develop a 3-5 year Consolidated Plan and an 1 year Annual Action Plan each year for submission for approval to the U.S. Department of Housing and Urban Development (HUD), which plans delineate funding allocations to CDBG sub recipients and strategic priorities and a community needs assessment; and WHEREAS, the Community Development Division has complied with the Citizen Participation Plan for the City of Grand Island which requires that a specified public hearing is held, notices are published, and the 2016-2018 Consolidated Plan-2018 Annual Action Plan Amendment was made available for Public Review and Comment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska hereby approves and adopts Community Development Block Grant, Amendment to the 2016- 2018 Consolidated Plan-2018 Annual Action Plan; and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 219 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item G-21 #2019-82 - Approving Police Department 24-Month Victims of Crime Act (VOCA) Grant Application Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 2/26/2019 Page 220 / 232 Council Agenda Memo From:Police Department Meeting:February 26, 2019 Subject:2019 VOCA Grant Application Presenter(s):Robert Falldorf, Police Chief Background The Police Department has received a Victims Of Crime Act (VOCA) Federal grant since 2004. The VOCA grant funds support the Police Department Victim/Witness Unit, consisting of a Coordinator and an Advocate. The VOCA grant requires a 20% match from the City. In 2017 the U.S. Department of Justice (DOJ) changed the VOCA grant fiscal year from an October 1st to June 30th grant period to a July 1st to June 30th grant period. Due to this change this grant application will cover a 24-month period from July 1st, 2019 through June 30th, 2021 and all subsequent grants, unless amended, will run on the July through June fiscal period. The Police Department is applying for a 24-month VOCA grant requesting $233,710 from the federal government with a match of $58,478. The match covers rent offset, telephone, Information Technology assistance, volunteer time, and bilingual pay. The total amount for this grant including the federal share and match share will be $292,188. This action is to obtain Council approval to apply for the grant. It does not obligate the City to accept the grant if approved. Approval of an awarded grant will require Council approval at a later date. Discussion The Police Department has received a Victims Of Crime Act (VOCA) grant since 2004. The department must have City Council approval to apply for a grant and also to accept a grant if awarded. VOCA grants require a 20% match of costs by the City. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 2/26/2019 Page 221 / 232 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 application for a 24-month Victims Of Crime Act (VOCA) grant by the Police Department to the U.S. Department of Justice. Sample Motion Move to approve the Police Department’s 24-month Victims Of Crime Act (VOCA) grant application to the U.S. Department of Justice to fund the Victim/Witness Unit. Grand Island Council Session - 2/26/2019 Page 222 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-82 WHEREAS, The U. S. Department of Justice has provided funding for Victims Of Crime Act (VOCA) grants and instituted a 24-month grant award process; and WHEREAS, The Grand Island Police Department has a Victim/Witness Unit that serves as a valuable resource to victims of crime in our community; and WHEREAS, the Police Department has received VOCA grant funding in past years to support the Victim/Witness Unit; and WHEREAS, the VOCA grant application must be submitted to the Nebraska Crime Commission in March for a total grant amount of $292,188; and WHEREAS, The Police Department must have Council approval to submit a VOCA grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Police Department 24- month Victims Of Crime Act (VOCA) grant application to the U.S. Department of Justice in the amount of $292,188 to fund the Victim/Witness Unit. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 223 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item I-1 #2019-83 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 1 located at 112 East 3rd Street (Wing Properties, Inc.) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 2/26/2019 Page 224 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-83 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to acquire, rehabilitate and reconstruct the center portion of the old Williamsons Interiors Building at 112 E. Third Street in Grand Island for main floor commercial and upper story residential uses. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 2/26/2019 Page 225 / 232 2 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file or cause to be filed with the Treasurer and Assessor of Hall County, Nebraska, an Grand Island Council Session - 2/26/2019 Page 226 / 232 3 Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 227 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item I-2 #2019-84 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 1 located at 110 West 2nd Street (Rawr Holdings, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 2/26/2019 Page 228 / 232 Approved as to Form ¤ ___________ March 8, 2019 ¤ City Attorney R E S O L U T I O N 2019-84 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to acquire, rehabilitate and reconstruct the center portion of the old GI Music Building at 110 W. Second Street in Grand Island for main floor commercial and upper story residential uses. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 2/26/2019 Page 229 / 232 2 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file or cause to be filed with the Treasurer and Assessor of Hall County, Nebraska, an Grand Island Council Session - 2/26/2019 Page 230 / 232 3 Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/26/2019 Page 231 / 232 City of Grand Island Tuesday, February 26, 2019 Council Session Item J-1 Approving Payment of Claims for the Period of February 13, 2019 through February 26, 2019 The Claims for the period of February 13, 2019 through February 26, 2019 for a total amount of $4,816,056.00. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 2/26/2019 Page 232 / 232