06-11-2019 City Council Regular Meeting Packet
City of Grand Island
Tuesday, June 11, 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
Interim City
Administrator:
Jerry Janulewicz
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street, Grand Island, NE 68801
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City of Grand Island Tuesday, June 11, 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 - Reverand Dr. Trudy Kenyon-Anderson, First Faith United
Methodist Church, 4190 West Capital 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.
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City of Grand Island
Tuesday, June 11, 2019
Council Session
Item E-1
Public Hearing on Re-Adoption of the Grand Island Zoning Map
Council action will take place under Ordinances item F-1.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Regional Planning Commission
Meeting:June 11, 2019
Subject:Re-adoption City of Grand Island Zoning Map (C-23-
2019GI)
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Over the course of the past 20 years the City of Grand Island has periodically readopted
the official zoning map for the City. This has been standard practice since the City began
using their Geographic Information System (GIS) to manage the zoning map. Prior to the
computerized GIS the process of creating the map was onerous enough that the map was
rarely, if ever, readopted and amendments were made by taping approved changes on to
the official map and noting those changes on a register attached to the map.
Discussion
At the regular meeting of the Regional Planning Commission, held May 1, 2019, the
above item was considered following a public hearing.
Nabity explained that periodically the Grand Island zoning map is re-adopted
incorporating all the changes that have been made since time it was adopted. The
last time it was adopted was February 2018. The proposal is to send it to council
in June meeting so it will be adopted and effective in July 1, 2019. All of
annexations that are currently under way will be included which are: Lewis Acres
on Hwy 281 and Wildwood Road, Part of the Veteran’s Home property
(immediately to the west of Eagle Scout Lake), Hanover Subdivision, Hanover
Second Subdivision, Rowe’s Second Subdivision, Knuth Subdivision, Gard
Subdivision, Reif Acres Subdivision. All zoning changes adopted since the last
map was adopted will be included. One change to be proposed to be incorporated
to this map is to change the Rhoades Subdivision from R-3 and R-2 to R-2.
O’Neill closed the public hearing.
A motion was made by Monter and second by Nelson to adopt the proposed
changes to the Grand Island Zoning Map.
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The motion was carried with eleven members in favor (Nelson, Allan, O’Neill,
Ruge, Maurer, Rubio, Monter, Rainforth, Hendricksen, Randone and Kjar) no
members voting no.
BACKGROUND:
ZONING CHANGES
The following chart shows the changes that have been approved by the Regional Planning
Commission and the Grand Island City Council since January 31, 2018. This does include
changes anticipated through May 31, 2019 if those are not approved by Council they will be
removed prior to adoption of this map in June of 2019.
ID Ord Change Legal Case
1 9684 CD Zone to Amended CD
Zone
Lot One (1) Block Nine (9) of the Second Amendment
to Lot1 Block 9 of Continental Gardens Subdivision
C-16-2018GI
2 9719 R1 Zone to R2 Zone B & M Estates Subdivision Lot 2 C-09-2019GI
3 9719 R1 Zone to R3 Zone B & M Estates Subdivision Lot 2 C-09-2019GI
4 9726 TA Zone to B2 Zone A portion of the NW ¼ of the NW ¼ of 8-10-9 C-18-2019GI
5 9711 RD Zone to Amended RD
Zone
Lot 1 Block 3 of Good Samarian Subdivision C-09-2019GI
6 9727 RD Zone to RO Zone Ponderosa Lake Estates Fourth Sub Outlot C- 1 C-19-2019GI
7 9707 R4 Zone to R2 Zone A Tract Of Land Consisting Of Part Of The Northwest
Quarter (NW 1/4) Of Section Twelve (12), Township
Eleven (11) North, Range Ten (10) West Of The 6th
P.M.
C-29-2018GI
8 9724 RD Zone to Amended RD
Zone
Talon Apartments Subdivision C-14-2019GI
9 9705 LLR & R2 Zones to R3-SL
Zone
The Orchard Subdivision C-24-2018GI
The changes shown on this chart are represented on the new version of the Grand Island Zoning
map. A map delineating the location of these changes is attached.
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ANNEXATIONS
A total of 8 areas (275.73 Acres) were annexed into the City of Grand Island between January 31,
2018 and May 31, 2019. It is anticipated that the third reading of the annexation ordinances for
the 3 areas dated 5/28/2019, all voluntary annexations, will be completed at the May 28, 2019
meeting. This map will not be adopted until the June 11 council meeting with an effective date of
July 1, 2019
Id Ord Date Location
1 9730 05/28/2019 City of Grand Island Property
2 9680 3/27/2018 Gard Subdivision
3 9728 05/28/2019 GIAEDC(Lewis Greenscape) - Lewis Acres Subdivision
4 9686 6/26/2018 Hanover 3rd Subdivision
5 9729 05/28/2019 Huff Properties - Hanover 2nd Subdivision Lot 2
6 9692 7/24/2018 Knuth Acres Subdivision
7 9691 7/24/2018 Rief Acres
8 9715 12/18/2018 Rowe 2nd Subdivision
No changes to the Grand Island Extraterritorial Jurisdiction were made due to these annexations.
OTHER PROPOSED CHANGES
Zoning Districts are not always changed as incremental changes are made to street alignments
and lot layout within subdivisions. Changes are not always made as annexation occurs. It is
appropriate to occasionally consider changing zoning on properties to more accurately reflect the
surrounding area. The Planning staff is recommending the changes below for adoption as part
of the new zoning map.
Staff is suggesting the one change to rezone all of Rhoads Subdivision from a mix of R2 and R3
to R2. The original proposal for the subdivision would have had a street separating the R2 and
R3 zoning. That was modified with the approved subdivision and some lots have both R2 and R3
zoning this will make the zoning consistent across the subdivision.. The proposed changes
conform to the general layout of the future land use map and the existing surrounding uses. None
of the proposed changes will create any non-conforming uses.
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The attached Zoning Map shows the new map as it would look if all of the proposed changes are
adopted by the Grand Island City Council. The proposed effective date for this map is July 1,
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 the proposed changes as
presented.
Sample Motion
Motion to approve as recommended.
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City of Grand Island
Tuesday, June 11, 2019
Council Session
Item E-2
Public Hearing on the Semi-Annual Report by the Grand Island
Area Economic Development Corporation/Citizens Advisory
Review Committee on the Economic Development Program Plan
Council action will take place under Resolutions item I-1.
Staff Contact: Dave Taylor - EDC President
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Council Agenda Memo
From:Jerry Janulewicz, Interim City Administrator
Meeting:June 11, 2019
Subject:Public Hearing Concerning the Semi-Annual Report by
the Citizen Advisory Review Committee on the
Economic Development Program Plan
Presenter(s):Dave Taylor, EDC President
Background
The voters of the City of Grand Island approved an economic development plan at the
November 6, 2012 election. Subsequent to the election, the city has adopted an ordinance
that establishes the economic development plan and a Citizen Advisory Review
Committee to oversee the process of approving applications for economic development
incentives. The Citizen Advisory Review Committee is required by State Statute and the
Grand Island City Code to make a semi-annual report to the City Council.
Discussion
The Citizen Advisory Review Committee has been conducting regular meetings during
the last six months as required by the City Code and the Nebraska Statutes. The
committee looks forward to receiving and reviewing meritorious applications for
consideration in the future. The committee received the semi-annual report from the
Economic Development Corporation at its meeting of June 6, 2019 and voted to forward
it on to the City Council for its review and acceptance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Accept the semi-annual report of the Citizen Advisory Review Committee.
2.Do not accept the semi-annual report of the Citizen Advisory Review
Committee.
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Recommendation
City Administration recommends that the Council accept the semi-annual report of the
Citizen Advisory Review Committee.
Sample Motion
Move to accept the semi-annual report of the Citizen Advisory Review Committee.
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City of Grand Island
Tuesday, June 11, 2019
Council Session
Item E-3
Public Hearing on Request from Christopher and Kay Kotulak,
DVM for a Conditional Use Permit for a Veterinary Clinic/Animal
Hospital-Equine located at 5066 Ft. Kearney Road
Council action will take place under Request and Referrals item H-1.
Staff Contact: Craig Lewis
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Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:June 11, 2019
Subject:Request of Christopher & Kay Kotulak , DVM
for approval of a Conditional Use Permit to allow for the
establishment and operation of an equine veterinary
clinic at 5066 Fort Kearney Rd, Grand Island, NE.
Presenter(s):Craig Lewis – Building Department Director
Background
This request is for approval of a conditional use permit to allow for a veterinary clinic at
the above address.
The property is currently zoned LLR, Large Lot Residential , that zoning classification
allows Veterinary clinics and animal hospitals only as a conditional use approved by the
City Council.
This proposal is to continue to utilize the existing single family dwelling on the property
which is a permitted principal use and add as an accessory use the equine veterinary
clinic to facilitate the treatment of a few horses on the east part of the property for a short
duration of treatment.
Discussion
This request is for approval to create an additional use on the property as an equine
veterinary clinic. The veterinary clinic would be a commercial use and should meet all
the building and fire codes required as a commercial facility.
This would be similar to a home occupation except for public contact at the property and
the requirement for fire and life safety code provisions in the buildings utilized as a
commercial facility.
The existing residential dwelling would not be affected except for modifications to
existing utility connections.
If approved compliance with additional zoning and building regulations will still need to
be completed, examples would be parking, building and life safety codes, and a limit of
two horses per acre of the east area utilized for outdoor paddock and recovery.
The site location is such that it would not appear that this request will have any negative
impact on the neighboring properties.
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Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the request for the conditional Use Permit finding that the proposed
application is and will continue to be in conformance with the purpose of the
zoning regulations.
2.Disapprove or /Deny the request, finding that the proposed application does
not conform to the purpose of the zoning regulations.
3.Approve the request with additional or revised conditions and a finding of
fact.
4.Refer the matter to a special committee for a determination of a finding of
fact.
5.Table the issue.
Recommendation
Approve the request finding that the request does promote health, safety, and general
welfare of the community, protects property against blight and depreciation, and is
generally harmonious with the surrounding neighborhood.
Sample Motion
A motion to approve the request for a conditional use permit including the staff
recommendations, finding that the application conforms with the purpose of the zoning
regulations.
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City of Grand Island
Tuesday, June 11, 2019
Council Session
Item E-4
Public Hearing on Acquisition of Utility Easement - 2624 S. Locust
Street - Degen Locust, LLC
Council action will take place under Consent Agenda item G-3.
Staff Contact: Tim Luchsinger, Stacy Nonhof
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Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:June 11, 2019
Subject:Acquisition of Utility Easement – 2624 South Locust Street –
Degen Locust, LLC
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire utility easement relative to the
property of Degen Locust, LLC, through a part of Lot Twenty-Seven (27), an addition to
the City of Grand Island, Hall County, Nebraska (2624 S. Locust Street) in order to have
access to install, upgrade, maintain, and repair power appurtenances, including power
lines and transformers.
Discussion
A new electrical service has been requested for a Burger King Restaurant to be built at
2624 South Locust Street. A new three-phase padmount transformer will be installed in
the southwest corner of this property to accommodate the new service. The proposed
easement will allow the Utilities Department to install, access, operate and maintain the
electrical infrastructure at this location.
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).
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Sample Motion
Motion to approve acquisition of the Utility Easement.
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City of Grand Island
Tuesday, June 11, 2019
Council Session
Item E-5
Public Hearing on Acquisition of Utility Easement - 2116 W.
Faidley Avenue - St. Francis Medical Center
Council action will take place under Consent Agenda item G-4.
Staff Contact: Tim Luchsinger, Stacy Nonhof
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Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:June 11, 2019
Subject:Acquisition of Utility Easement – 2116 W. Faidley Avenue –
St. Francis Medical Center
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire utility easement relative to the
property of St. Francis Medical Center, located through a part of Lot One (1), Hospital
Second Subdivision, in the City of Grand Island, Hall County, Nebraska (2116 W.
Faidley Avenue) in order to have access to install, upgrade, maintain, and repair
appurtenances, including water lines.
Discussion
As part of Water Main Project 2019-W-2, the City of Grand Island will be installing a
new fire hydrant along the west side of Darr Avenue between Faidley Avenue and 7th
Street to provide additional fire protection for this location. The proposed easement will
allow the Utilities Department to install, access, operate and maintain the water
infrastructure at this location.
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).
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Sample Motion
Motion to approve acquisition of the Utility Easement.
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City of Grand Island
Tuesday, June 11, 2019
Council Session
Item F-1
#9736 - Consideration of Re-Adopting the Grand Island Zoning
Map
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/11/2019 Page 28 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
ORDINANCE NO. 9736
An ordinance amend the Official Zoning Map of the City of Grand Island; to re-
adopt the Zoning Map, with changes and amendments thereto as shown on maps produced by the
Hall County Geographic Information System as the Official Zoning Map of the City of Grand
Island as provided for in Section 36-44; and providing for publication and an effective date of
this ordinance.
WHEREAS, the Mayor and City Council of the City of Grand Island are
committed to the orderly plan necessary to accommodate future growth and transportation needs;
and
WHEREAS, on July 13, 2004, by Ordinance #8922, the City of Grand Island
approved and adopted the Official Zoning Map as prepared by the firm of JEO Consulting, Inc.
of Wahoo, Nebraska; and
WHEREAS, on Februrary 27, 2018, by Ordinance #9678, the City Council
approved the use of a map produced from the Hall County Geographic Information System as
the official zoning map for the City of Grand Island based on the 2004 comprehensive plan of
JEO consulting, Inc. along with subsequent changes as separately approved; and
WHEREAS, since the adoption of Ordinance #9678, numerous changes and
amendments to the Plan, the municipal limits and the zoning map have been approved by
ordinances and resolutions enacted or adopted by the City; and
WHEREAS, on May 1, 2019, the Regional Planning Commission held a public
hearing on a proposed zoning map amendments to change all of Rhoads Subdivision from R2
Low Density Residential and R3 Medium Density Residential to R2 Low Density Residential to
match the lines of the platted lots and recommended approval of an updated official zoning map;
and
WHEREAS, on June 11, 2019 the Grand Island City Council held a public
hearing on amendments to the Official Zoning Map and the updated Official Zoning Map.
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- 2 -
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Zoning map amendments for Rhoads Subdivision, as depicted on
the proposed zoning map for the City of Grand Island dated July 1, 2019, should be and the same
are hereby approved.
SECTION 2. The City of Grand Island hereby adopts as the Official Zoning Map
of the City of Grand Island the zoning map adopted on July 13, 2004, by Ordinance #8922,
incorporating subsequent changes and amendments thereto approved by Council and
amendments hereinabove approved. The Official Zoning Map, re-issued July 1, 2019 and
produced using the Hall County Geographic Information System, shall be the Official Zoning
Map of the City of Grand Island and shall supersede all prior official versions of the Official
Zoning Map.
SECTION 3. The Official Zoning Map of the City of Grand Island, Nebraska, as
established by Section 36-44 of the Grand Island City Code and as adopted hereby shall be kept
in the records of the Hall County Regional Planning Department.
SECTION 4. This ordinance shall be in force and take effect on July 1, 2019 and
after its passage and publication, in one issue of the Grand Island Independent as provided by
law.
Enacted: June 11, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 30 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item F-2
#9737 - Consideration of Approving Request to Rezone Lots 11-14
of Lambert’s Subdivision located at 417 Congdon Avenue from M2
Heavy Manufacturing to R-3SL Medium Density Small Lot
Residential (Starostka Group Unlimited, Inc.)
Staff Contact: Chad Nabity
Grand Island Council Session - 6/11/2019 Page 31 / 124
Council Agenda Memo
From:Regional Planning Commission
Meeting:June 11, 2019
Subject:Amend the Future Land Use Map of the Grand Island
Comprehensive Plan and Rezone 3.3 acres of land
located north of 4th Street between Congdon Avenue and
Willow Street from M2 Heavy Manufacturing to R-3SL
Medium Density Small Lot Residential
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Starostka Contracting LLC is proposing to purchase property from L & P Investments
located in northeast Grand Island for the development of residential lots. They are
requesting that the zoning on property be changes from M2 Heavy Manufacturing to #R-
3SL Medium Density Small Lot Residential. Their intent is to develop 20 residential lot
on the property, extending 5th Street between Congdon Avenue and Willow Street.
The Grand Island City Council held a public hearing on this item at their meeting on May
14, 2019. The changes to the Future Land Use Map were approved on May 14 by
resolution #2019-170.
The memo and recommendation sent to the Planning Commission is attached.
Discussion
At the regular meeting of the Regional Planning Commission, held May 1, 2019 the
above item was considered following a public hearing.
O’Neill opened the public hearings on items 4, 5 and 6.
Nabity stated the proposal is to amend the future land use map of the City of
Grand Island in the Comprehensive Plan. The property that is under consideration
a portion of the property is planned for manufacturing and a portion for Low to
Medium Residential. It makes sense to change it so that it’s all Low to Medium
Residential. The north portions of the property are already Low to Medium
Residential even though they are zoned Manufacturing. The proposal is to rezone
all of it to R3-SL zone. The R3-SL zone allows smaller lot sizes, 1 unit per 3,000
square feet unless it’s a townhome. The lots that they are proposing are all in the
4,500 to 9,000 square feet depending on the size and shape of the lot. If the
comprehensive plan is amended the property can be rezoned to R3-SL Medium
Grand Island Council Session - 6/11/2019 Page 32 / 124
Density Residential Zone, which will allow residential development.
Nabity stated that the redevelopment plan and TIF would be used for the
demolition of the existing structures, for site grading, and to pay for streets and
sewer and water.
O’Neill closed the public hearing.
A motion was made by Randone and seconded by Rainforth to approve a change
to the Future Land use map for the City of Grand Island for lots 11-14 Lambert’s
Subdivision.
The motion carried with eleven members in favor (O’Neill, Nelson, Allan, Ruge,
Maurer, Monter, Rubio, Rainforth, Hedricksen, Randone and Kjar) and members
voting not.
A motion was made by Ruge and second by Rainforth to approve the zoning
change on lots 11-14 of Lambert’s Subdivision located between Congdon Avenue
and Willow Street from M2 Heavy Manufacturing to R-3SL Medium Density
Small Lot Residential.
The motion carried with eleven members in favor (Nelson, Allan, O’Neill, Ruge,
Maurer, Rubio, Monter, Rainforth, Hendricksen, Randone and Kjar) no members
voting no.
The memo sent to the planning commission with staff recommendation is
attached for review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the comprehensive plan amendment and rezoning request as
presented
2.Modify the comprehensive plan amendment and rezoning request to meet the
wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance as presented.
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Agenda Item #4 & #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
April 23, 2019
SUBJECT: Future Land Use Map and Zoning Change (C-20-2019GI) (C-21-
2019GI)
PROPOSAL: This application includes approximately 3.3 acres of land north of 4th
Street between Congdon Ave. and Willow Street. This property is owned by L & P
Investments LLC and has been used a contractors storage yard for several years.
Starostka Contracting LLC is proposing to purchase and redevelop the property for
residential uses. The property is located within the Grand Island municipal limits.
The applicant is asking that the zoning on this property be changed from M2 Heavy
Manufacturing to R3-SL Medium Density Small Lot Residential. The stated purpose of
this rezoning is to allow the applicant to redevelop this property for residential uses. A
map of the proposed changes is attached.
It would be prudent to amend the Grand Island Comprehensive Plan and Future Land
Use map to change the proposed future use of this property from manufacturing to low
to medium density residential as part of this application. The northerly portion of this
property is already planned for low to medium density residential use but the entire piece
is not included in that low to medium density residential area. A map of the proposed
changes is attached.
OVERVIEW:
Site Analysis
Current zoning designation: M2 Heavy Manufacturing
Permitted and conditional uses: M2- Commercial and manufacturing uses, limited
residential and recreational uses Minimum lot size
of 6,,000 square feet. Minimum lot size of 6000
square feet.
Comprehensive Plan Designation: Designated for Manufacturing and Low to Medium
Density Residential.
Existing land uses. Contractor storage yard and Single family
residential.
Adjacent Properties Analysis
Current zoning designations: South and East: M2-Heavy Manufacturing
North and West: R4-High Density Residential
Permitted and conditional uses: M2-
Commercial and manufacturing uses, limited
residential and recreational uses Minimum lot size
of 6,,000 square feet. R4- High Density
Residential, Residential uses at a density of 42
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dwelling units per acre with 60% coverage, non-
profit uses, recreational uses and agricultural uses.
Minimum lot size of 6000 square feet.
Comprehensive Plan Designation: North and West: Low to Medium Density
Residential
East and South: Designated for Manufacturing
Existing land uses: East and South: Commercial buildings and Single
family residential.
North and West: Single family residential,
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated both Manufacturing and Low to Medium Density Residential uses. The
proposed plan amendment would bring the entire property into compliance.
Development of this Property will lower the per property cost of the approved
Sanitary Sewer District. This property is included in a sanitary sewer district that will
extend sewer from 7th and Geddes to all of the properties in this area, eliminating a
pocket of the city that lacks sanitary sewer service. This development, at this time
should reduce the overall cost to each property owner in the district by at least 30%.
Infill Development: This property has been in the City Limits of Grand Island for more
than 100 years and has not developed primarily because of the lack of municipal
infrastructure. This change will facilitate the development of that infrastructure.
Negative Implications:
None foreseen:.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the Future Land Use Component of the Grand Island
Comprehensive Plan. Part of this property is already planned for low to medium
density residential development.
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site as requested.
If the Planning Commission recommends against changing the Future Land Use
Map it would be consistent to recommend against the approval of the zoning change.
___________________ Chad Nabity AICP, Planning Director
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Approved as to Form ¤ ___________
June 11, 2019 ¤ City Attorney
ORDINANCE NO.9737
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of lots all of lots 11 and 12 and a
portion of lots 13 and 14 of Lambert’s Subdivision in the City of Grand Island, Hall County,
Nebraska, from M-2 Heavy Manufacturing to R-3 Medium Density Residential as more
particularly described below; directing that such zoning change and classification be shown on
the Official Zoning Map of the City of Grand Island; and providing for publication and an
effective date of this ordinance.
WHEREAS, the Regional Planning Commission on May 1, 2019, held a public
hearing on the proposed zoning of such area; and
WHEREAS, The Grand Island City Council following a public hearing, amended
the Future Land Use Component of the Comprehensive Plan to show this property as intended
for low to medium density residential uses on May 14, 2019; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing held on May 14, 2019, the City Council found
and determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from M-2 Heavy Manufacturing to R-3SL Medium Density Small Lot Residential
Zone;
Grand Island Council Session - 6/11/2019 Page 38 / 124
ORDINANCE NO.9737 (Cont.)
- 2 -
A TRACT OF LAND CONSISTING OF ALL OF LOTS 11 AND 12 AND PART OF
LOTS 13 AND 14, ALL IN LAMBERT'S SUBDIVISION, GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 11, LAMBERT'S
SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
ON AN ASSUMED BEARING OF S00°56'46"E, ALONG THE NORTHEASTERLY
LINE OF LAMBERT'S SUBDIVISION AND ALSO BEING THE WEST RIGHT-OF-
WAY LINE OF WILLOW STREET, A DISTANCE OF 85.76 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE S00°55'57"E, ALONG
SAID NORTHEASTERLY LINE AND SAID WEST R.O.W. LINE, A DISTANCE OF
262.71 FEET TO THE SOUTHEASTERLY LINE OF LOT 14, SAID LAMBERT'S
SUBDIVISION; THENCE S61°00'53"W, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 14, A DISTANCE OF 5.71 FEET TO A POINT ON THE WEST R.O.W.
LINE OF SAID WILLOW STREET; THENCE S61°06'34"W, ALONG SAID
SOUTHEASTERLY LINE, A DISTANCE OF 195.43 FEET; THENCE S61°08'12"W A
DISTANCE OF 98.37 FEET; THENCE N29°05'16"W A DISTANCE OF 100.05 FEET;
THENCE S61°09'57"W A DISTANCE OF 129.89 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LAMBERT'S SUBDIVISION AND ALSO
BEING THE NORTHEASTERLY R.O.W. LINE OF CONGDON AVENUE; THENCE
N30°07'54"W, ALONG SAID SOUTHWESTERLY LINE AND SAID
NORTHEASTERLY R.O.W. LINE, A DISTANCE OF 129.23 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE N29°42'13"W, ALONG
SAID R.O.W. LINE, A DISTANCE OF 75.41 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 11; THENCE N60°48'19"E, ALONG THE NORTHERLY
LINE OF SAID LOT 11, A DISTANCE OF 355.34 FEET TO THE
SOUTHWESTERLY CORNER OF LOT 5, LAMBERT'S SUBDIVISION; THENCE
N60°54'59"E, ALONG SAID NORTHWESTERLY LINE OF LOT 11, A DISTANCE
OF 153.89 FEET TO THE SOUTHEASTERLY CORNER OF LOT 4, SAID
LAMBERT'S SUBDIVISION; THENCE N60°43'31"E A DISTANCE OF 87.74 FEET
TO THE POINT OF BEGINNING.
SECTION 3. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Grand Island Council Session - 6/11/2019 Page 39 / 124
ORDINANCE NO.9737 (Cont.)
- 3 -
Enacted: June 11, 2019
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 40 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-1
Approving Minutes of May 28, 2019 City Council Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/11/2019 Page 41 / 124
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 28, 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 May 28, 2019. Notice of the meeting was given in The Grand Island Independent on
May 22, 2019.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton,
Julie Hehnke, Clay Schutz, Mitch Nickerson, and Chuck Haase. Councilmember Michelle Fitzke
was absent. The following City Officials were present: Interim City Administrator Jerry
Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, and Public Works
Director John Collins.
INVOCATION was given by Pastor Jim Reynolds, Berean Bible Church, 4116 West Capitol
Avenue followed by the PLEDGE OF ALLEGIANCE.
BOARD OF EQUALIZATION: Motion by Minton, second by Schutz to adjourn to the Board of
Equalization. Motion adopted.
#2019-BE-4 - Consideration of Determining Benefits for Fonner Park Business Improvement
District. Finance Director Patrick Brown reported that the budgeted assessments of $59,182.52
would be charged to property owners in the district based on their front footage. Staff
recommended approval.
Cindy Johnson, Chamber of Commerce President, 309 West 2nd Street explained the 18 month
assessment period.
Motion by Haase, second by Stelk to approve Resolution #2019-BE-4. Upon roll call vote, all
voted aye. Motion adopted.
#2019-BE-5 - Consideration of Determining Benefits for South Locust Business Improvement
District. Finance Director Patrick Brown reported that the budgeted assessments of $142,089.76
would be charged to property owners in the district based on their front footage. Staff
recommended approval.
Motion by Haase, second by Stelk to approve Resolution #2019-BE-5. Upon roll call vote, all
voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Minton, second by Nickerson to return to
Regular Session. Motion adopted.
Grand Island Council Session - 6/11/2019 Page 42 / 124
Page 2, City Council Regular Meeting, May 28, 2019
PUBLIC HEARINGS:
Public Hearing on Request from Edwin Bolanos dba La Gran Billa, 613 East 4th Street for a
Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class
“C” Liquor License had been received from Edwin Bolanos dba La Gran Billa, 613 East 4th
Street. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on April 23, 2019; notice to the general
public of date, time, and place of hearing published on May 18, 2019; notice to the applicant of
date, time, and place of hearing mailed on April 23, 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. Edwin Bolanos, 613 East 4th Street was present
to answer questions. No further public testimony was heard.
Public Hearing on Request from Ann M. Graham dba Ann’s Getta Way, 2303 E. Highway 30 for
an Addition to their Class “C-122422” Liquor License. City Clerk RaNae Edwards reported that
an application for an addition to the Class “C-122422” Liquor License had been received from
Ann M. Graham dba Ann’s Getta Way, 2303 E. Highway 30. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on May 9, 2019; notice to the general public of date, time, and place of
hearing published on May 18, 2019; notice to the applicant of date, time, and place of hearing
mailed on May 9, 2019; along with Chapter 4 of the City Code. Staff recommended approval
contingent upon final inspections. No public testimony was heard.
Public Hearing on Request from Hooker Bros. Sand & Gravel to Renew their Conditional Use
Permit to Allow for a Sand & Gravel Operation located at 3947 South Locust Street. Building
Department Director Craig Lewis reported that a request had been received from Hooker Bros.
Sand & Gravel for a renewal of their Conditional Use Permit located at 3947 South Locust
Street. Staff recommended approval. Ken Clausen, 5719 S. US Hwy 281 mentioned concerns
with the drainage in the area. No public testimony was heard.
Public Hearing on Request from GC Mini Storage, LLC on behalf of Viaero Wireless for a
Conditional Use Permit for a Wireless Telecommunication Tower located at the South Entrance
of 3007 North Road. Building Department Director Craig Lewis reported that an application had
been received from GC Mini Storage, LLC on behalf of Viaero Wireless to allow for the
construction of a 100 foot monopole telecommunication tower with a 5’ antenna attached to the
top for a total height of 105’ at 3007 N. North Road. Staff recommended approval. Chris Riha,
1811 West 2nd Street spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 550 Midaro Drive - Joseph and Jennifer
Stump. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located
at 550 Midaro Drive was needed in order to have access to install, upgrade, maintain, and repair
appurtenances, including lines and transformers. Joseph and Jennifer Stump had requested an
electrical service for a new house to be constructed at 550 Midaro Drive. The proposed easement
would allow the Utilities Department to install, access, operate and maintain the power line,
transformer and related electrical infrastructure in this area. Staff recommended approval. No
public testimony was heard.
Grand Island Council Session - 6/11/2019 Page 43 / 124
Page 3, City Council Regular Meeting, May 28, 2019
ORDINANCES:
#9728 - Consideration of Approving Annexation of Property Located East of U.S.
Highway 281 and South of Wildwood Drive (Lewis Greenscape) (Third Reading)
Regional Planning Director Chad Nabity reported that Station 31, LLC, owner of the property
had petitioned the City of Grand Island to consider annexation of this property. Staff
recommended approval.
Motion by Paulick, second by Haase to approve Ordinance #9728 on third reading.
City Clerk: Ordinance #9728 on third reading. All those in favor of the passage of this ordinance
on second reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9728 is
declared to be lawfully adopted upon publication as required by law.
#9729 - Consideration of Approving Annexation of Property Located West of North
Road and South of 13th Street (Ray Stander) (Third Reading)
Regional Planning Director Chad Nabity reported that Ray Stander, owner of the property had
petitioned the City of Grand Island to consider annexation of this property. Staff recommended
approval.
Motion by Stelk, second by Paulick to approve Ordinance #9729 on third reading.
City Clerk: Ordinance #9729 on third reading. All those in favor of the passage of this ordinance
on second reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9729 is
declared to be lawfully adopted upon publication as required by law.
#9730 - Consideration of Approving Annexation of Property Located between U.S.
Highway 281 and Old Nebraska Highway 2, West of Eagle Scout Park (City of Grand
Island) (Third Reading)
Regional Planning Director Chad Nabity reported that the City of Grand Island, owner of
property had petitioned the City of Grand Island to consider annexation of this property. Staff
recommended approval.
Motion by Haase, second by Hehnke to approve Ordinance #9730 on third reading.
City Clerk: Ordinance #9730 on third reading. All those in favor of the passage of this ordinance
on second reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9730 is
declared to be lawfully adopted upon publication as required by law.
Grand Island Council Session - 6/11/2019 Page 44 / 124
Page 4, City Council Regular Meeting, May 28, 2019
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9732 – Consideration of Approving Request to Rezone a Portion of Lot 2 Hanover
Second Subdivision and a Portion of Lot 4 Hanover Third Subdivision located West of
North Road and South of 13th Street from R1-Suburban Density Residential to R-3
Medium Density Residential (Trent Huff & Andy Eiler)
#9733 - Consideration of Approving Sale of 0.02 Acres to Menard, Inc. located at the
Southeast Corner of Fire Station 4 along State Street (Second and Final Reading)
#9734 - Consideration of Determining Assessments for Fonner Park Business
Improvement District.
#9735 - Consideration of Determining Assessments for South Locust Business
Improvement District.
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9732 – Consideration of Approving Request to Rezone a Portion of Lot 2 Hanover
Second Subdivision and a Portion of Lot 4 Hanover Third Subdivision located West of
North Road and South of 13th Street from R1-Suburban Density Residential to R-3
Medium Density Residential (Trent Huff & Andy Eiler)
Regional Planning Director Chad Nabity reported that Trent Huff had purchased all of Lot 4 of
Hanover Third Subdivision and Lot 2 of Hanover Second Subdivision for residential
development and had requested a zoning change on the property. He was requesting that the
zoning on the north and west portion be changed to R3 Medium Density Residential. This was
the second and final reading of this ordinance. Staff recommended approval. Trent Huff, 4801
West Chapman Road spoke in support.
Motion by Minton, second by Hehnke to approve Ordinance #9732 on second and final reading.
City Clerk: Ordinance #9732 on second and final reading. All those in favor of the passage of
this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9732 is
declared to be lawfully adopted upon publication as required by law.
#9733 - Consideration of Approving Sale of 0.02 Acres to Menard, Inc. located at the
Southeast Corner of Fire Station 4 along State Street
City Attorney Jerry Janulewicz reported that Menard sought to obtain from the City a triangular
tract of land containing 0.02 acres located near the southeast corner of the fire station property.
The three sides are 42.34 feet, 41.85 feet, and 59.96 feet. The proposed Ordinance, if adopted,
would authorize the sale of this tract subject to the public’s right of remonstrance.
Grand Island Council Session - 6/11/2019 Page 45 / 124
Page 5, City Council Regular Meeting, May 28, 2019
Motion by Conley, second by Minton to approve Ordinance #9733 on second and final reading.
City Clerk: Ordinance #9733 on second and final reading. All those in favor of the passage of
this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9733 is
declared to be lawfully adopted upon publication as required by law.
#9734 - Consideration of Determining Assessments for Fonner Park Business
Improvement District.
This item was related to the aforementioned Public Hearing.
Motion by Haase, second by Stelk to approve Ordinance #9734.
City Clerk: Ordinance #9734 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9734 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9734 is declared to be lawfully adopted upon publication as required by
law.
#9735 - Consideration of Determining Assessments for South Locust Business
Improvement District.
This item was related to the aforementioned Public Hearing.
Motion by Paulick, second by Schutz to approve Ordinance #9735.
City Clerk: Ordinance #9735 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9735 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9735 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Jones, second by Schutz to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Grand Island Council Session - 6/11/2019 Page 46 / 124
Page 6, City Council Regular Meeting, May 28, 2019
Approving Minutes of May 14, 2019 City Council Regular Meeting/Budget Work Session.
#2019-173 - Approving Request from Edwin Bolanos dba La Gran Billa, 613 East 4th Street for
a Class “C” Liquor License.
#2019-174 - Approving Request from Ann M. Graham dba Ann’s Getta Way, 2303 E. Highway
30 for an Addition to their Class “C-122422” Liquor License.
#2019-175 - Approving Substation Transformer Testing and Transport Services with Southwest
Electric Company of Tulsa, Oklahoma in an Amount of $91,359.00.
#2019-176 - Approving Acquisition of Utility Easement - 550 Midaro Drive - Joseph and
Jennifer Stump.
#2019-177 - Approving Agreement with NDOT - Intermodal Planning Division for the Grand
Island Area Metropolitan Planning Organization (GIAMPO) for the 2020 Fiscal Year
Transportation Planning Program.
#2019-178 - Approving Section 5339 Capital Grant Application and Agreement for the Transit
Division of the Public Works Department of $96,000.00 Federal Funds.
#2019-179 - Approving Correction to Resolution No. 2019-163- Agreement Amendment No. 1
for Utility Relocation Services to be performed by AT&T for the North Broadwell Drainage;
Project No. 2018-D-1.
#2019-180 - Approving Continuation of Sidewalk District No. 1- 2019; 13th Street.
REQUESTS AND REFERRALS:
Consideration of Approving Request from Hooker Bros. Sand & Gravel to Renew their
Condition Use Permit to Allow for a Sand & Gravel Operation located at 3947 South Locust
Street. This item was related to the aforementioned Public Hearing. Staff recommended
approval.
Ken Clausen, 5719 South 281 commented on the drainage. Jeff Hooker, 1915 West 11th Avenue
explained the direction the water flowed and the requirements from the State of Nebraska and
NRD. Adam Clausen, 5719 South 281 also spoke about concerns of the drainage.
Motion by Haase, second by Paulick to approve subject to an improved drainage plan approved
by the Public Works Department.
Public Works Director John Collins answered questions regarding a drainage plan for this area.
Motion by Haase, second by Nickerson to amend the motion to add a 2 year limit on the
Conditional Use Permit. Upon roll call vote, Councilmembers Haase, Nickerson, Schutz,
Hehnke, Conley, Stelk, Jones, and Paulick vote aye. Councilmember Minton voted no. Motion
adopted.
Grand Island Council Session - 6/11/2019 Page 47 / 124
Page 7, City Council Regular Meeting, May 28, 2019
Upon roll call vote of the main motion, Councilmembers Haase, Nickerson, Schutz, Stelk, and
Jones voted aye. Councilmembers Hehnke, Minton, Conley, and Paulick voted no. The Mayor
voted no. Motion failed.
Discussion was held regarding the Public Works Department looking into the drainage issue. Mr.
Collins stated he would provide a perceptual plan, working with the NRD for drainage in this
area. Mr. Janulewicz explained the Nebraska law regarding natural water drainage.
Motion by Minton, second by Jones to approve the Conditional Use Permit. Upon roll call vote,
Councilmembers Haase, Nickerson, Hehnke, Minton, Conley, Stelk, and Jones voted aye.
Councilmembers Schutz and Paulick voted no. Motion adopted.
Consideration of Approving Request from GC Mini Storage, LLC on behalf of Viaero Wireless
for a Conditional Use Permit for a Wireless Telecommunication Tower located at the South
Entrance of 3007 North Road. This item was related to the aforementioned Public Hearing. Staff
recommended approval. Discussion was held regarding the new monopole height and other
towers in the area.
Motion by Hehnke, second by Minton to approve. Upon roll call vote, all vote aye. Motion
adopted.
Consideration of Forwarding Blighted and Substandard Area #30 to the Hall County Regional
Planning Commission, JOJA Investment LLC. Regional Planning Director Chad Nabity reported
that JOJA Investment LLC had submitted this study for the review and consideration of the
Grand Island City Council as permitted by Nebraska law. This study was approximately 2.57
acres of property (1 block) located between 4th and 5th Streets and Carey and Ruby Streets in
central Grand Island. Staff recommended approval. Discussion was held regarding the criteria for
a Blighted and Substandard Area and the use of TIF.
Motion by Minton, second by Paulick to approve. Upon roll call vote, all vote aye. Motion
adopted.
RESOLUTIONS:
#2019-171 - Reconsideration of Amendment to the Redevelopment Plan for CRA No. 1 located
North of 4th Street between Congdon Avenue and Willow Street (Starostka Contracting, LLC).
Regional Planning Director Chad Nabity reported that on May 14, 2019 the City Council held a
public hearing and voted against Resolution #2019-171. It was requested that this matter be
brought back to Council for reconsideration.
Discussion was held regarding the project and the benefits to the community for work force
housing.
Motion by Haase, second by Hehnke to reconsider Resolution #2019-171. Upon roll call vote,
Councilmembers Haase, Hehnke, Minton, Conley, Stelk, Jones, and Paulick voted aye.
Councilmember Schutz voted no. Councilmember Nickerson abstained. Motion adopted.
Grand Island Council Session - 6/11/2019 Page 48 / 124
Page 8, City Council Regular Meeting, May 28, 2019
Motion by Haase, second by Stelk to approve Resolution #2019-171. Upon roll call vote,
Councilmembers Haase, Hehnke, Minton, Conley, Stelk, Jones, and Paulick voted aye.
Councilmember Schutz voted no. Councilmember Nickerson abstained. Motion adopted.
#2019-181 - Consideration and Action on CCCFF Planning Grant for Former Armory Building.
City Attorney Jerry Janulewicz reported that in 2018, the City of Grand Island purchased from the
State of Nebraska the former National Guard Armory located at 2900 West Old Potash Highway. In
order to assure that all beneficial potential uses of the property were examined, the City applied for
and was awarded, subject to Council approval, a planning grant from Nebraska’s Civic and
Community Center Financing Fund (CCCFF) in the maximum amount of $15,000 to be matched
dollar for dollar by local funds. The grant and matching city funds would be utilized to evaluate the
existing building, work with City Staff/Officials to identify possible reuses of the facility, to identify
and communicate with key stakeholders to obtain feedback on needs, ideas, and expectations for this
space, and to develop a conceptual floorplan layout for the space.
Motion by Minton, second by Stelk to approve Resolution #2019-181. Upon roll call vote,
Councilmembers Haase, Nickerson, Schutz, Conley, and Stelk voted aye. Councilmembers
Hehnke, Minton, Jones and Paulick vote no. Mayor Steele voted no. Motion failed.
PAYMENT OF CLAIMS:
Motion by Minton, second by Hehnke to approve the payment of claims for the period of May
15, 2019 through May 28, 2019 for a total amount of $4,145,436.82. Upon roll call vote, all
voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:53 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/11/2019 Page 49 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-2
#2019-182 - Approving Final Plat and Subdivision Agreement for
Fifth Street Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 6/11/2019 Page 50 / 124
Council Agenda Memo
From:Regional Planning Commission
Meeting:June 11, 2019
Subject:Fifth Street Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located between Willow Street and Congdon Avenue north of 4th Street
in Grand Island, Nebraska. (20 lots, 3.305 acres). This property is proposed for zoning as
R3-SL Medium Density Small Lot residential. A replat of lots 11 and 12 and parts of lots
13 and 14 of Lambert’s Subdivision in the City Of Grand Island, Hall County, Nebraska.
The preliminary plat for this subdivision was approved by the City Council at their
meeting on May 14, 2019.
Discussion
The final plat for Fifth Street Subdivision was considered by the Regional
Planning Commission at the May 1, 2019 meeting.
A motion was made by Rainforth and second by Allan to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 11 members present and voting in
favor (O’Neill, Nelson, Ruge, Allan, Monter, Maurer, Rubio, Rainforth, Randone, Kjar
and Hedricksen) 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 - 6/11/2019 Page 51 / 124
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 6/11/2019 Page 52 / 124
Developer/Owner
L & P Investments LLC
Grand Island Council Session - 6/11/2019 Page 53 / 124
429 Industrial Lane
Grand Island, NE 68803
This property is located between Willow Street and Congdon Avenue north of 4th Street
in Grand Island, Nebraska. (20 lots, 3.305 acres).
Size: 3.305 Acres 20 Lots
Zoning: R3-SL Medium Density Small Lot Residential
Road Access: Congdon Avenue is a 37 foot city street. Willow Street is an existing gravel
street. Fifth Street is proposed as a 32 foot street with parking offset by driveways.
Water Public: City water is available and will be extended to all lots.
Sewer Public: City sewer is available and will be extended to all lots.
Grand Island Council Session - 6/11/2019 Page 54 / 124
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201 East 2nd Street
Grand Island, NE 68801
NOTE:
Grand Island Council Session - 6/11/2019 Page 55 / 124
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POB
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
Grand Island Council Session - 6/11/2019 Page 56 / 124
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
Grand Island Council Session - 6/11/2019 Page 57 / 124
SUBDIVISION AGREEMENT
FIFTH STREET SUBDIVISION
(1 through 20)
In the City of Grand Island, Hall County Nebraska
The undersigned, L & P INVESTMENTS, L.L.C., a Nebraska Limited Liability
Company, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand
Island, Hall County, Nebraska, more particularly described as follows:
A TRACT OF LAND CONSISTING OF ALL OF LOTS 11 AND 12 AND PART OF
LOTS 13 AND 14, ALL IN LAMBERT'S SUBDIVISION, GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 11, LAMBERT'S
SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
ON AN ASSUMED BEARING OF S00°56'46"E, ALONG THE NORTHEASTERLY
LINE OF LAMBERT'S SUBDIVISION AND ALSO BEING THE WEST RIGHT-OF-
WAY LINE OF WILLOW STREET, A DISTANCE OF 85.76 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE S00°55'57"E, ALONG
SAID NORTHEASTERLY LINE AND SAID WEST R.O.W. LINE, A DISTANCE OF
262.71 FEET TO THE SOUTHEASTERLY LINE OF LOT 14, SAID LAMBERT'S
SUBDIVISION; THENCE S61°00'53"W, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 14, A DISTANCE OF 5.71 FEET TO A POINT ON THE WEST R.O.W.
* This Space Reserved for Register of Deeds *
Grand Island Council Session - 6/11/2019 Page 58 / 124
- 2 -
LINE OF SAID WILLOW STREET; THENCE S61°06'34"W, ALONG SAID
SOUTHEASTERLY LINE, A DISTANCE OF 195.43 FEET; THENCE S61°08'12"W A
DISTANCE OF 98.37 FEET; THENCE N29°05'16"W A DISTANCE OF 100.05 FEET;
THENCE S61°09'57"W A DISTANCE OF 129.89 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LAMBERT'S SUBDIVISION AND ALSO
BEING THE NORTHEASTERLY R.O.W. LINE OF CONGDON AVENUE; THENCE
N30°07'54"W, ALONG SAID SOUTHWESTERLY LINE AND SAID
NORTHEASTERLY R.O.W. LINE, A DISTANCE OF 129.23 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE N29°42'13"W, ALONG
SAID R.O.W. LINE, A DISTANCE OF 75.41 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 11; THENCE N60°48'19"E, ALONG THE NORTHERLY
LINE OF SAID LOT 11, A DISTANCE OF 355.34 FEET TO THE
SOUTHWESTERLY CORNER OF LOT 5, LAMBERT'S SUBDIVISION; THENCE
N60°54'59"E, ALONG SAID NORTHWESTERLY LINE OF LOT 11, A DISTANCE
OF 153.89 FEET TO THE SOUTHEASTERLY CORNER OF LOT 4, SAID
LAMBERT'S SUBDIVISION; THENCE N60°43'31"E A DISTANCE OF 87.74 FEET
TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS A CALCULATED AREA OF 143,957.89 SQUARE FEET
OR 3.305 ACRES MORE OR LESS OF WHICH 0.698 ACRES IS NEW DEDICATED
ROAD RIGHT-OF-WAY;
desires to have subdivided as a subdivision the foregoing tract of land located within the
corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as FIFTH STREET SUBDIVISION, designating explicitly the land to
be laid out and particularly describing the lots, easements, and streets belonging to such
subdivision, with the lots designated by number, easements by dimensions, and streets by name,
and proposes to cause the plat of such subdivision when finally approved by the Regional
Planning Commission and the City Council to be acknowledged by such owner, certified as to
accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to
the use and benefit of public utilities, and of the street to the use of the public forever. In
consideration of the acceptance of the plat of said FIFTH STREET SUBDIVISION, the
Grand Island Council Session - 6/11/2019 Page 59 / 124
- 3 -
Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will
install or provide at its expense the following improvements:
1.Paving. The Subdivider agrees to pave Fifth Street in accordance with
plans and specifications approved by the City's Director of Public Works, and subject to the
City's inspection with a minimum back of curb to back of curb width of 32 feet. If the
Subdivider fails to pave Fifth Street, the City may create a paving district to perform such work.
The Subdivider agrees to waive the right to object to the creation of any paving district for
Congdon Avenue and Willow Street where they abut the subdivision.
2.Water. Public water is available to the subdivision and the Subdivider
agrees to extend, connect and provide water service to all lots in the subdivision in accordance
with plans and specifications approved by the Director of Public Works, and subject to the City’s
inspection.
3.Sanitary Sewer. Public sanitary sewer will be available to the
subdivision through an approved Sanitary Sewer Assessment District. The Subdivider
participate in the assessment district to extend, connect and provide sanitary sewer service to all
lots in the subdivision in accordance with plans and specifications approved by the Director of
Public Works, and subject to the City’s inspection.
4.Storm Drainage. The Subdivider agrees to grade all lots in the
subdivision in conjunction with the development proposed thereon so that storm drainage is
conveyed to a public right-of-way or to other drainage systems so approved by the Director of
Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a
drainage district to perform such work. The Subdivider agrees to waive the right to object to the
creation of any drainage district benefitting the subdivision.
Grand Island Council Session - 6/11/2019 Page 60 / 124
- 4 -
5.Sidewalks. The Subdivider shall install and maintain all public sidewalks
required by the City of Grand Island when the lots are built upon, and such sidewalk shall be
regulated and required with the building permit for each such lot.
The Subdivider must select curb or conventional sidewalk for each street unless the
requirement has been waived by Council.
Street Name Curb sidewalk Conventional
Sidewalk
Sidewalk Requirement
Waived by Council
Willow Street Yes
Congdon Avenue NO
Fifth Street NO
Immediate sidewalk construction adjacent to Willow Street shall be waived. However,
the sidewalks shall be constructed when the property owner is directed to do so by the City
Council. In the event a Street Improvement District is created to pave any public street in the
subdivision, the Subdivider agrees to install public sidewalks within one year of the completion
of such street improvement district in accordance with the City of Grand Island Sidewalk Policy.
6.Existing Structures. The Subdivider agrees to remove the existing
structures on lots 11 and 12 within 90 days of filing this agreement.
7.Driveways: Driveways along Fifth Street shall be limited to the locations
shown on the attached driveway exhibit if the street is constructed with a back of curb to back of
curb width of 32 feet.
8.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
Grand Island Council Session - 6/11/2019 Page 61 / 124
- 5 -
9.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
10.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as FIFTH STREET
SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for
examination, if necessary, upon request of the City of Grand Island.
11.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Grand Island Council Session - 6/11/2019 Page 62 / 124
- 6 -
Grand Island Council Session - 6/11/2019 Page 63 / 124
- 7 -
Dated _____________________, 2019.
L & P INVESTMENTS, L.L.C., A
NEBRASKA LIMITED LIABILITY
COMPANY, Subdivider
By: ____________________________________
Marc Startostka, Managing Member
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Marc Startostka, Managing Member of L & P INVESTMENTS L.L.C., a
Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who
signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and
deed for the purpose therein expressed on behalf of L & P INVESTMENTS L.L.C.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2019-____, and that the City's corporate seal was thereto affixed by proper authority.
Grand Island Council Session - 6/11/2019 Page 64 / 124
- 8 -
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 6/11/2019 Page 65 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
Resolution 2019-182
WHEREAS Known all men by these presents, that L & P Investments, LLC, A
Nebraska Limited Liability Corporation, being the owners of the land described hereon, have
caused the same to be surveyed, subdivided, platted and designated as “FIFTH STREET
SUBDIVISION”, a tract of land consisting of all lots 11 and 12 and part of lots 13 and 14, all of
Lambert’s Subdivision, City of Grand Island, Hall County, Nebraska and more particularly
described as follows:
A TRACT OF LAND CONSISTING OF ALL OF LOTS 11 AND 12 AND PART OF
LOTS 13 AND 14, ALL IN LAMBERT'S SUBDIVISION, GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 11, LAMBERT'S
SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
ON AN ASSUMED BEARING OF S00°56'46"E, ALONG THE NORTHEASTERLY
LINE OF LAMBERT'S SUBDIVISION AND ALSO BEING THE WEST RIGHT-OF-
WAY LINE OF WILLOW STREET, A DISTANCE OF 85.76 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE S00°55'57"E, ALONG
SAID NORTHEASTERLY LINE AND SAID WEST R.O.W. LINE, A DISTANCE OF
262.71 FEET TO THE SOUTHEASTERLY LINE OF LOT 14, SAID LAMBERT'S
SUBDIVISION; THENCE S61°00'53"W, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 14, A DISTANCE OF 5.71 FEET TO A POINT ON THE WEST R.O.W.
LINE OF SAID WILLOW STREET; THENCE S61°06'34"W, ALONG SAID
SOUTHEASTERLY LINE, A DISTANCE OF 195.43 FEET; THENCE S61°08'12"W A
DISTANCE OF 98.37 FEET; THENCE N29°05'16"W A DISTANCE OF 100.05 FEET;
THENCE S61°09'57"W A DISTANCE OF 129.89 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LAMBERT'S SUBDIVISION AND ALSO
BEING THE NORTHEASTERLY R.O.W. LINE OF CONGDON AVENUE; THENCE
N30°07'54"W, ALONG SAID SOUTHWESTERLY LINE AND SAID
NORTHEASTERLY R.O.W. LINE, A DISTANCE OF 129.23 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 11; THENCE N29°42'13"W, ALONG
SAID R.O.W. LINE, A DISTANCE OF 75.41 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 11; THENCE N60°48'19"E, ALONG THE NORTHERLY
LINE OF SAID LOT 11, A DISTANCE OF 355.34 FEET TO THE
SOUTHWESTERLY CORNER OF LOT 5, LAMBERT'S SUBDIVISION; THENCE
N60°54'59"E, ALONG SAID NORTHWESTERLY LINE OF LOT 11, A DISTANCE
OF 153.89 FEET TO THE SOUTHEASTERLY CORNER OF LOT 4, SAID
LAMBERT'S SUBDIVISION; THENCE N60°43'31"E A DISTANCE OF 87.74 FEET
TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS A CALCULATED AREA OF 143,957.89 SQUARE FEET
OR 3.305 ACRES MORE OR LESS OF WHICH 0.698 ACRES IS NEW DEDICATED
ROAD RIGHT-OF-WAY;
Grand Island Council Session - 6/11/2019 Page 66 / 124
- 2 -
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 FIFTH STREET
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, June 11, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 67 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-3
#2019-183- Approving Acquisition of Utility Easement - 2624 S.
Locust Street - Degen Locust, LLC
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 6/11/2019 Page 68 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019 -182
WHEREAS, a public utility easement is required by the City of Grand Island
from Degen Locust, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including power lines
and;
WHEREAS, a public hearing was held on June 11, 2019, for the purpose of
discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a
part of Lot Twenty-Seven (27), Holcomb’s Highway Homes, an addition to the City of Grand
Island, Hall County, Nebraska; and more particularly described as follows:
The southerly twenty (20.0) feet of the westerly twenty-four (24.0) feet of Lot
Twenty-Seven (27), Holcomb’s Highway Homes, an addition to the City of Grand
Island, Hall County, Nebraska.
The above-described easement and right-of-way containing a total of 480 square
feet, more or less as shown on the plat dated 5/16/2019, 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 a public utility easement from Degen Locust, LLC, on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
_________________________
Roger G. Steele, Mayor
Attest:
_______________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 69 / 124
Grand Island Council Session - 6/11/2019 Page 70 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-4
#2019-184- Approving Acquisition of Utility Easement - 2116 W.
Faidley Avenue - St. Francis Medical Center
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 6/11/2019 Page 71 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019 -184
WHEREAS, a public utility easement is required by the City of Grand Island
from St. Francis Medical Center, 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 June 11, 2019, for the purpose of
discussing the proposed acquisition of a twenty (10.0) foot wide utility easement located through
a part of Lot One (1), Hospital Second Subdivision in the City of Grand Island, Hall County,
Nebraska; and more particularly described as follows:
Commencing at the Southeast corner of Lot One (1), Hospital Second Subdivision,
in the City of Grand Island, Hall County, Nebraska; thence running Northerly along
the easterly line of said Lot One (1), a distance of one hundred sixty-five (165.0) feet
to the ACTUAL Point of Beginning; thence westerly and perpendicular to the
easterly line of said Lot One (1), a distance of twenty (20.0) feet to the point of
termination.
The above-described easement and right-of-way containing a total of 200 square feet
more or less as shown on the plat dated 4/4/2019, 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 a public utility easement from St. Francis Medical Center, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
_________________________
Roger G. Steele, Mayor
Attest:
_______________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 72 / 124
Grand Island Council Session - 6/11/2019 Page 73 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-5
#2019- 185 - Approving request to hire one additional FTE Police
Officer for the Police Department cover attrition
Staff Contact: Robert Falldorf, Police Chief
Grand Island Council Session - 6/11/2019 Page 74 / 124
Council Agenda Memo
From:Robert Falldorf, Police Chief
Meeting:June 11, 2019
Subject:FTE Request to hire one additional Police Officer beyond
allotted 85 sworn Officers.
Presenter(s):Robert Falldorf, Police Chief
Background
The Police Department is allotted 85 sworn officer positions under our current budget.
With our most recent hire on 5-6-19, we are currently staffed at our allotted 85 sworn
officers. Rarely is there a time when the Police Department is up to our authorized sworn
positions or able to maintain that number for any given time. Each of the past five fiscal
years we have been under budget on our salary line item anywhere from $144,000 one
year to $326,000 last fiscal year. Generally when we hire an officer it takes
approximately 8 months before that officer is ready to be assigned to the street on their
own (2 initial weeks in Admin, 14 weeks at the training academy, and 16 weeks in Field
Training). We currently have three officers in training at this time.
Discussion
The Police Department is requesting that we be allowed to hire one additional Police
Officer beyond our allotted sworn position number of 85 this fiscal year. We are not
requesting our allotted sworn officer number to be permanently increased to 86; however
would like to hire one additional officer to prepare for expected attrition within our
department. We are fairly confident that we will have at least one sworn position that
will retire this fiscal year (Captain) and we also know that we have two additional
officers that have applications out to other agencies. We also have a current certified list
of officers to select from and have at least two good names on that list that we would
consider hiring at this time.
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 - 6/11/2019 Page 75 / 124
Recommendation
City Administration recommends that the Council approve the hiring of one additional
FTE (Police Officer) for the Police Department.
Sample Motion
Move to approve the hiring of one additional FTE (Police Officer) for the Police
Department.
Grand Island Council Session - 6/11/2019 Page 76 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019-185
WHEREAS, the City approves the FTE’s for each department; and
WHEREAS, an amendment is required to allow changes to be made to the FTE
schedule; and
WHEREAS, the Police Department has requested a temporary addition of one (1)
FTE Police Officer to prepare for expected attrition; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to
execute the temporary FTE amendment for the Police Department to hire one additional Police
Officer beyond their allotted 85 sworn officers.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 77 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-6
#2019-186- Approving Bid Award for Annual Supply of Road
Deicing Salt 2019-2020
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/11/2019 Page 78 / 124
Council Agenda Memo
From:Shannon Callahan, Streets Superintendent
Meeting:June 11, 2019
Subject:Approving Bid Award for Annual Supply of Road
Deicing Salt 2019-2020
Presenter(s):John Collins PE, Public Works Director
Background
The City of Grand Island Streets Division uses granular road salt and other granular
products to treat icy roadway conditions during the winter months. The salt storage
facility, “Salt Dome”, is capable of holding 900 Tons of bulk deicing material. Average
annual tonnage of road deicing chemicals used by the City ranges between 1,000 tons and
1,500 tons. The storage facility is filled to maximum capacity after winter and kept as
full as possible during the winter months. Currently, the salt storage facility is not full
and would require an additional 600 Tons to reach capacity.
Each bid line item was considered and recommended for award separately. These items
include two (2) separate times of year conditions, off-peak and peak seasons. Off-Peak
pricing shall be valid between May 1 and August 31; Peak season pricing shall be valid
between September 1 and April 30.
Discussion
Bids were advertised on May 13, 2019 and sent to five (5) potential bidders. Four (4)
bids were received and opened on May 29, 2019. Below is the bid award
recommendation.
Annual Supply of Road Deicing Chemicals
Bid Award Recommendation
Deicing Chemical,
Condition Date Range Vendor Unit Price
Black Strap, Inc.ROAD SALT, OFF-PEAK May 1- Aug 31 Neligh, NE $52.90 per ton
Nebraska Salt & Grain CoROAD SALT, PEAK Sept 1-Apr 30 Gothenburg, NE $54.70 per ton
Grand Island Council Session - 6/11/2019 Page 79 / 124
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 Annual
Supply of Road Deicing Salt 2019-2020 according to the bid award recommendation.
Sample Motion
Motion to approve the purchase of the Annual Supply of Road Deicing Salt 2019-2020
according to the bid award recommendation.
Grand Island Council Session - 6/11/2019 Page 80 / 124
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 29, 2019 at 2:15 p.m.
FOR: Annual Supply of Road Deicing Salt 2019-2020
DEPARTMENT: Public Works
ESTIMATE: $62.00 per ton Road Salt, Off-Peak
$65.00 per ton Road Salt, Peak
FUND/ACCOUNT: 21033502-85535
PUBLICATION DATE: May 13, 2019
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Clason Trucking, LLC GMCO Corporation
Waverly, NE Rifle, CO
Exceptions: None Noted
Bid Price:
Road Salt, Off-Peak $58.00 per ton $159.40 per ton Road Salt, Peak $65.00 per ton $163.40 per ton
Bidder: Nebraska Salt & Grain Co. Black Strap, Inc.
Gothenburg, NE Neligh, NE
Exceptions: None None
Bid Price:
Road Salt, Off-Peak $$53.20 per ton $52.90 per ton
Road Salt, Peak $54.70 per ton $54.90 per ton
cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent
P2129
Grand Island Council Session - 6/11/2019 Page 81 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019- 186
WHEREAS, the City of Grand Island invited sealed bids for furnishing Annual
Supply of Road Deicing Salt 2019-2020, according to plans and specifications on file with the
Public Works Department; and
WHEREAS, on May 29, 2019 bids were received, opened and reviewed; and,
WHEREAS, four (4) vendors submitted responsible bids within the bid
specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bid line items, are hereby
approved;
Deicing Chemical,
Condition Date Range Vendor Unit Price
Black Strap, Inc.ROAD SALT, OFF-PEAK May 1- Aug 31 Neligh, NE $52.90 per ton
Nebraska Salt & Grain CoROAD SALT, PEAK Sept 1-Apr 30 Gothenburg, NE $54.70 per ton
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
____________________
Roger G. Steele, Mayor
Attest:
_____________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 82 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-7
#2019-187- Approving Bid Award for Sanitary Sewer District No.
543; Willow Street
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/11/2019 Page 83 / 124
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:June 11, 2019
Subject:Approving Bid Award for Sanitary Sewer District No.
543; Willow Street
Presenter(s):John Collins, Public Works Director
Background
Sanitary Sewer District No. 543 was created by the City Council on January 22, 2019, via
Ordinance No. 9721. Legal notice of the creation of the District was published in the
Grand Island Independent on January 28, 2019, with notification being mailed to all
involved property owners.
City Council continued the creation of Sanitary Sewer District No. 543 on March 12,
2019, via Resolution No. 2019-88, with only two (2) protests being filed against this
district. These owners represented 158.49 front feet, or 5.20% of the total district
frontage of 3,046.60 feet.
The boundary for the proposed district was selected in order to serve an area previously
unserved that is located north of 4th Street, east of Congdon Avenue (see attached sketch).
Sanitary sewer was requested in this area in 2003, and again in September 2017. The
proposed district boundary would eliminate around fifteen (15) septic tanks and provide
sanitary service to thirty-seven (37) lots. Of the fifteen (15) septic tanks at least three (3)
may be in failure and discharging poorly treated waste directly to groundwater. There is
a portion of this area that is not served by City water, and is operating private drinking
water wells. It is advantageous to construct such sanitary sewer main now as there is
Community Development Block Grant (CDBG) funding available for 2019, which will
reduce the assessment amount for the property owners by about half.
Discussion
Three (3) bids were received and opened on May 29, 2019. The bids were submitted in
compliance with the contract, plans, and specifications. A summary of the bids is shown
below.
Bidder Exceptions Total Bid
Starostka Group Unlimited, Inc. of Grand Island, NE None $359,299.52
The Diamond Engineering Co. of Grand Island, NE None $486,915.71
Myers Construction, Inc. of Broken Bow, NE None $491,669.85
Grand Island Council Session - 6/11/2019 Page 84 / 124
Public Works Engineering staff has negotiated with the low bidder on two (2) main
components of the bid tab. The first is the addition of sewer quantities for the 5th Street
Subdivision which equate to $62,310.23, with the second being the removal of sewer
rehabilitation quantities in order to value engineer a reduction in cost of $18,810.89.
After value engineering the revised construction cost with Starostka Group Unlimited,
Inc. is $402,798.85
Staff is coordinating with the Utility Department in order to successfully rehab only the
necessary amount of sanitary sewer.
Sanitary Sewer District No. 543; Willow Street was initially estimated at $10,000.00 per
each of the twenty (20) connections. With the addition of the 5th Street Subdivision the
connection cost per each of the thirty-seven (37) lots is estimated at approximately
$6,500.00- $7,500.00. The value engineering from the reduction in rehabilitation allows
money in the Wastewater budget to go to other more pressing rehabilitation priorities.
Alternatives
It appears that the Council has the following alternatives concerning this issue at hand. The
Council may:
1.Approve the bid award.
2.Refer the issue to a Committee.
3.Postpone the issue to a future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the bid award for Sanitary Sewer
District No. 543 in the amount of $402,798.85 to Starostka Group Unlimited, Inc. of Grand
Island, Nebraska.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 6/11/2019 Page 85 / 124
1 23 45 6 7 9
1
0
1
1
12131415168
17
18
19
2
0
050100200SCALE : 1" = 80'LEGENDsanitary sewer alignment REVISIONS
DATE BY DESCRIPTION
CHECKED BY:
DRAWN BY:
DATE:
DATE:
SURVEYED BY:
DATE:
APPROVED BY:
DATE:OFSHEET | SET TITLEWILLOW SANITARY SEWER DISTRICT 543
GRAND ISAND, NEBRASKA
SITE PLAN - SEWER ALIGNMENTGrand IslandCouncil Session - 6/11/2019Page 86 / 124
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 29, 2019 at 2:00 p.m.
FOR: Sanitary Sewer District No. 543; Willow Street
DEPARTMENT: Public Works
ESTIMATE: $650,000.00
FUND/ACCOUNT: 53030055-85213-53556
PUBLICATION DATE: May 17, 2019
NO. POTENTIAL BIDDERS: 10
SUMMARY
Bidder: Diamond Engineering, Inc. Myers Construction, Inc.
Grand Island, NE Broken Bow, NE
Bid Security: Universal Surety Co. Inland Insurance Co.
Exceptions: None None
Bid Price: $486,915.71 $491,669.85
Bidder: Starostka Group Unlimited, Inc.
Grand Island, NE
Bid Security: Universal Surety Co.
Exceptions: None
Bid Price: $359,299.52
cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent
Tara Bevard, WW Engineer I Jerry Janulewicz, Interim City Admin.
P2133
Grand Island Council Session - 6/11/2019 Page 87 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019- 187
WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer
District No. 543; Willow Street, according to plans and specifications on file with the City
Engineer/ Public Works Director; and
WHEREAS, on May 29, 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 $359,299.52; and
WHEREAS, Public Works Engineering staff negotiated with the low bidder on
two (2) main components of the bid tab; the addition of sewer quantities for the 5th Street
Subdivision which equate to $62,310.23 and the removal of sewer rehabilitation quantities in
order to value engineer a reduction in cost of $18,810.89; and
WHEREAS, after value engineering the revised construction cost with Starostka
Group Unlimited, Inc. is $402,798.85; and
WHEREAS, staff is coordinating with the Utility Department in order to
successfully rehab only the necessary amount of sanitary sewer; and
WHEREAS, Sanitary Sewer District No. 543; Willow Street was initially
estimated at $10,000.00 per each of the twenty (20) connections, with the addition of the 5th
Street Subdivision the connection cost per each of the thirty-seven (37) lots is estimated at
approximately $6,500.00- $7,500.00; and
WHEREAS, the value engineering from the reduction in rehabilitation allows
money in the Wastewater budget to go to other more pressing rehabilitation priorities; 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 Starostka Group Unlimited,
Inc. of Grand Island, Nebraska in the amount of $402,798.85 for construction of Sanitary Sewer
District No. 543; Willow Street is hereby approved s the lowest responsible bid.
BE IF 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, June 11, 2019.
_____________________
Roger G. Steele, Mayor
Attest:
______________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 88 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-8
#2018-188 - Approving Bid Award for Four (4) Bias Off Road
Tires Size 33.25-29 for the Solid Waste Division of the Public
Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/11/2019 Page 89 / 124
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:June 11, 2019
Subject:Approving Bid Award for Four (4) Bias Off Road Tires
Size 33.25-29 for the Solid Waste Division of the Public
Works Department
Presenter(s):John Collins PE, Public Works Director
Background
On May 14, 2019 the Solid Waste Division of the Public Works Department advertised
for bids for four (4) Bias Off Road Tires Size 33.25-29 for a Caterpillar 627G scraper.
Discussion
Two (2) vendors submitted bids on May 29, 2019. The Solid Waste Division of the
Public Works Department and the Purchasing Division of the Attorney’s office reviewed
the bids that were received. The bid by Cross Dillon Tire, Inc. of Lincoln, Nebraska
meets all of the specifications.
BIDDER TIRE BRAND BID
Cross Dillon Tire, Inc. of Lincoln, NE Firestone $20,049.25
Firestone $21,516.28
Maxam $29,353.60Garrett Tires & Treads of Grand Island, NE
Bridgestone $37,250.80
Funds were budgeted for Fiscal Year 2018/2019 and are available in Account No.
50530043-85615.
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 four (4) Bias
Off Road Tires Size 33.25-29 for the Solid Waste Division from Cross Dillon Tire, Inc.
of Lincoln, Nebraska in the amount of $20,049.25.
Sample Motion
Motion to approve the resolution.
Grand Island Council Session - 6/11/2019 Page 90 / 124
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 29, 2019 at 2:30 pm
FOR: Four (4) Bias Off Road Tires Size 33.25-29
DEPARTMENT: Public Works
ESTIMATE: $50,000.00
FUND/ACCOUNT: 50530043-85615
PUBLICATION DATE: May 14, 2019
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Cross Dillon Tire, Inc. Garrett Tires & Treads
Lincoln, NE Grand Island, NE
Bid Security: Teller’s Check Check
Exceptions: None Noted
Firestone Firestone Bridgestone Maxam
Bid Price: $20,049.25 $21,516.28 $37,250.80 $29,353.60
Delivery Date June 3, 2019 July 19, 2019
cc: John Collins, Public Works Director Catrina DeLosh, PW Admin Assit.
Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent James Swanson, Landfill Forman
P2131
Grand Island Council Session - 6/11/2019 Page 91 / 124
Approved as to Form ¤ ___________
June 18, 20192 ¤ City Attorney
R E S O L U T I O N 2019-188
WHEREAS, the City of Grand Island invited sealed bids for four (4) Bias Off
Road Tires Size 33.25-29 for the Solid Waste Division of the Public Works Department,
according to specifications on file with the Public Works Department; and
WHEREAS, on May 29, 2019 bids were received, opened and reviewed; and
WHEREAS, Cross Dillon Tire, Inc. of Lincoln, Nebraska submitted a bid in
accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the net amount of $20,049.25; and
WHEREAS, Cross Dillon Tire, Inc.’s bid is fair and reasonable for such item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Cross Dillon Tire, Inc. of
Lincoln, Nebraska in the amount of $20,049.25 for four (4) Bias Off Road Tires Size 33.25-29
for the Solid Waste Division is hereby approved as the lowest responsive and responsible bid.
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
___________________
Roger G. Steele, Mayor
Attest:
____________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 92 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-9
#2019-189 - Approving Change Order No. 4 for Lift Station No. 11
Relocation– 2018; Project No. 2018-S-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/11/2019 Page 93 / 124
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:June 11, 2019
Subject:Approving Change Order No. 4 for Lift Station No. 11
Relocation– 2018; Project No. 2018-S-1
Presenter(s):John Collins PE, Public Works Director
Background
Midlands Contracting, Inc. of Kearney, Nebraska was awarded a $1,647,665.35 contract
on March 27, 2018, via Resolution No. 2018-85, for Lift Station No. 11 Relocation –
2018; Project No. 2018-S-1.
On June 12, 2018, via Resolution No. 2018-160, City Council approved Change Order
No. 1, which added pay items for directional drilling at the intersection of Custer Avenue
& 13th Street and at the detention cell north of this area, as well as adjusted quantities for
such work. This alternative was proposed by the contractor to save time and lessen the
impact of street closures in the area. Change Order No. 1 resulted in a contract reduction
of $15,657.70, modifying the total contract agreement to $1,632,007.65.
On July 10, 2018, via Resolution No. 2018-203, City Council approved Change Order
No. 2, which established a new unit price for bedding the force main in native sand,
resulting in a unit price reduction of $1.97 over the originally bid granular bedding.
Change Order No. 2 had no impact on the total contract agreement of $1,632,007.65;
quantities will be rectified once known.
On September 11, 2018, via Resolution No. 2018-269, City Council approved Change
Order No. 3, which allowed for the addition of an ADA ramp, abandonment of water
service at Walnut Middle School, reconstruction of storm sewer inlet, pavement stripe on
Custer Avenue, and traffic control credit on Custer Avenue. Change Order No. 3
increased the original contract amount by $8,780.80, resulting in a total contract
agreement of $1,640,788.45.
The existing Lift Station No. 11, which is located on 8th Street between Custer Avenue
and Howard Avenue at 2511 W 8th Street, is in need of upgrade. The hospital contributes
debris and rags that clog the current pumps, the wet well does not have sufficient
capacity, and there is no space for a stand-by generator. A new submersible, duplex style
lift station, with a grinder pump on the influent, and a stand-by generator is under
construction at a larger, nearby location.
A new 6-inch force main is being re-routed from the South Interceptor to the North
Interceptor. Lift Station No. 11 contributes an average of 100-150 thousand gallons per
day to the South Interceptor. The Lift Station No. 11 upgrade & re-route will alleviate
some capacity issues in the South Interceptor by re-routing Lift Station No. 11 force main
to the North Interceptor.
Grand Island Council Session - 6/11/2019 Page 94 / 124
Grand Island Council Session - 6/11/2019 Page 95 / 124
Discussion
Change Order No. 4 to the referenced project is being requested to extend the completion
date to December 1, 2019. The original contact stated “The contractor is to also have all
work completed within 14 months of commencement of construction.” Work began on
Lift Station No. 11 Relocation- 2018; Project No. 2018-S-1 on June 12, 2018, which
would put the completion date at August 12, 2019. Due to the unworkable winter and
spring weather conditions it is requested to give the contractor a four (4) month credit on
the completion date, which would put such date at December 1, 2019. There will be no
impact on the total contract amount.
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. 4 for Lift
Station No. 11 Relocation – 2018; Project No. 2018-S-1 with Midlands Contracting, Inc.
of Kearney, Nebraska.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/11/2019 Page 96 / 124
CHANGE ORDER NO. 4
PROJECT:Lift Station No. 11 Relocation – 2018; Project No. 2018-S-1
CONTRACTOR:Midlands Contracting, Inc.
AMOUNT OF CONTRACT: $1,647,665.35
CONTRACT DATE: April 4, 2018
Contract Price Prior to this Change Order…………………………………$ 1,647,665.35
Change Order No. 1………………………………………………………….$ (15,657.70)
Change Order No. 2………………………………………………………….$ 0.00
Net Change Resulting from this Change Order……………………………$ 8,780.80
Revised Contract Price Including this Change Order………………………$ 1,640,788.45
Notice to Proceed Date………………………………………………………. April 5, 2018
Original Completion Date……………………………………………………. August 15, 2019
Revised Completion Date……………………………………………………December 1, 2019
The Above Change Order Accepted:
Midlands Contracting, Inc.
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 - 6/11/2019 Page 97 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019-189
WHEREAS, on March 27, 2018, via Resolution No.2018-85, the City of Grand
Island awarded Midlands Contracting, Inc. of Kearney, Nebraska the bid in the amount of
$1,647,665.35 for Lift Station No. 11 Relocation – 2018; Project No. 2018-S-1; and
WHEREAS, on June 12, 2018, via Resolution No. 2018-160, City Council
approved Change Order No. 1, which added pay items for directional drilling at the intersection
of Custer Avenue & 13th Street and at the detention cell north of this area, as well as adjusted
quantities for such work for a contract reduction of $15,657.70; and
WHEREAS, on July 10, 2018, via Resolution No. 2018-203, City Council
approved Change Order No. 2, which established a new unit price for bedding the force main in
native sand, resulting in a unit price reduction of $1.97 over originally bid granular bedding; and
WHEREAS, on September 11, 2019, via Resolution No. 2018-269, City Council
approved Change Order No. 3 in the amount of $8,780.80 to allow for the addition of an ADA
ramp, abandonment of water service at Walnut Middle School, reconstruction of storm sewer
inlet, pavement stripe on Custer Avenue, and traffic control credit on Custer Avenue
WHEREAS, it has been requested to extend the completion date from August 12, 2019 to
December 1, 2019 due to the unworkable winter and spring weather conditions; and
WHEREAS, such modifications have been incorporated into Change Order No. 4;
and
WHEREAS, Change Order No.4 will have to impact on the total contract amount
of $1, 640,788.45.
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 at no cost between the City of Grand
Island and Midlands Contracting, Inc. of Kearney, Nebraska to provide the modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
______________________________________
_
Roger G. Steele, Mayor
Attest:
_______________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 98 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item G-10
#2019-190 - Approving Certificate of Final Completion for
Sanitary Sewer Manhole Flow Monitoring/ Rehabilitation; Project
No. 2018-WWTP-2
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/11/2019 Page 99 / 124
Council Agenda Memo
From:Jon Menough PE, Wastewater Plant Engineer
Meeting:June 11, 2019
Subject:Approving Certificate of Final Completion for Sanitary Sewer
Manhole Flow Monitoring/ Rehabilitation; Project No. 2018-
WWTP-2
Presenter(s):John Collins PE, Public Works Director
Background
The Diamond Engineering Company of Grand Island, Nebraska was awarded a $205,966.99
contract on May 22, 2018, via Resolution No. 2018-145, for Sanitary Sewer Manhole Flow
Monitoring / Rehabilitation; Project No. 2018-WWTP-2.
On June 26, 2018, via Resolution No. 2018-187, City Council approved Change Order No. 1 for
such project to allow for installation of an additional flow meter, which will capture South
Interceptor Sewer Shed 3. Change Order No. 1 resulted in an increase of $29,488.62 to the
original contract, for a revised total amount of $235,455.61.
On September 25, 2018, via Resolution No. 2018-282, City Council approved Change Order No.
2 for such project to allow additional time for completion. There was no effect to the contract
amount of $235,455.61.
On November 20, 2018, via Resolution No. 2018-348, City Council approved Change Order No.
3, which allowed for compensation to the contractor due to two (2) of the three (3) manholes
being rehabilitated were five (5) foot in diameter and not the originally bid four (4) foot
diameter. Change Order No. 3 increased the contract amount by $3,050.00, resulting in a revised
amount of $238,505.61.
The project had two (2) main components. 1) Installation of flowmeters at six (6) critical points
along the South Interceptor. These flowmeters will help staff evaluate flow conditions and
capacity with in the South Interceptor and aid in decision making and planning. Information is
sent wirelessly and can be monitored in real time. 2) Manhole rehabilitation was the second
component to the project. Three (3) of the six (6) South Interceptor manholes required structural
rehab in order for permanent flowmeters to be bolted successfully into place. The sanitary sewer
manhole rehab will eliminate infiltration and provide protection from hydrogen sulfide gas and
corrosion.
Grand Island Council Session - 6/11/2019 Page 100 / 124
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of the
contract, plans and specifications. Construction was completed on budget, for a total cost of
$238,486.71. Additional project costs are shown below.
ADDITIONAL COSTS
The Grand Island Independent Advertising $ 121.83
City of Grand Island Public Works Engineering Services $ 891.10
McMaster-Carr Supplies $ 1,248.14
Kelly Supply Supplies $ 2,348.42
JMBorer Companies Post Powder Coating $ 720.00
Justin Meader Flow Meters & ISCO Cellular Modems $ 12,083.00
Additional Costs = $ 17,412.49
The flow meters and ISCO cellular modems are an Operation and Maintenance cost that would’ve
been necessary regardless of this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve a resolution authorizing the Certificate of Final Completion.
2.Refer the issue to a Committee.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the Certificate of Final Completion
for Sanitary Sewer Manhole Flow Monitoring / Rehabilitation; Project No. 2018-WWTP-2.
Sample Motion
Motion to approve the Certificate of Final Completion for Sanitary Sewer Manhole Flow
Monitoring / Rehabilitation; Project No. 2018-WWTP-2.
Grand Island Council Session - 6/11/2019 Page 101 / 124
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Sanitary Sewer Manhole Flow Monitoring/ Rehabilitation; Project No. 2018-WWTP-2
CITY OF GRAND ISLAND, NEBRASKA
June 11, 2019
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Sanitary Sewer Manhole Flow Monitoring/ Rehabilitation; Project No. 2018-
WWTP-2 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska
under the contract dated May 31, 2018. The work has been completed in accordance with the terms,
conditions, and stipulations of said contract and complies with the contract, the plans and
specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public
Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943.
Base Bid-
Item
No.Description Total
Quantity Unit Unit Price Total Cost
1 Mobilization/ Demobilization 1.54 LS $ 2,515.28 $ 3,873.54
2 Remove Step 19.00 EA $ 18.90 $ 359.10
3
4’ Diameter Manhole Rehab via
Cementitious Lining & Epoxy 3.00 EA $ 10,269.73 $ 30,809.19
4 Remove & Replace Pavement 56.70 SY $ 106.58 $ 6,043.09
5
Standard Concrete Header for a Dirt
Return 25.00 LF $ 115.73 $ 2,893.25
6 Temporary Traffic Control 1.00 EA $ 7,868.25 $ 7,868.25
7
Remove & Replace Manhole Inside
Drop Piping 4.00 EA $ 3,391.37 $ 13,565.48
8 Flow Monitoring System 6.00 EA $ 28,037.49 $ 168,224.94
9 2” Rigid Conduit 163.00 LF $ 3.44 $ 560.72
10 Install Protective Post- Plan EU-9 2.00 EA $ 619.58 $ 1,239.16
Total Base Bid Section = $235,436.71
Change Order No. 3-
Item
No.Description Total
Quantity Unit Unit Price Total Cost
11
5’ Diameter Manhole Rehab via
Cementitious Lining & Epoxy 2.00 EA $ 1,525.00 $ 3,050.00
Total Change Order No. 3 = $ 3,050.00
Total Construction Costs= $238,486.71
Grand Island Council Session - 6/11/2019 Page 102 / 124
Additional Costs:
The Grand Island Independent Advertising $ 121.83
City of Grand Island Public Works Engineering Services $ 891.10
McMaster-Carr Supplies $ 1,248.14
Kelly Supply Supplies $ 2,348.42
JMBorer Companies Post Powder Coating $ 720.00
Justin Meader Flow Meters & ISCO Cellular Modems $ 12,083.00
Additional Costs = $ 17,412.49
Grand Total = $255,899.20
I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer Manhole
Flow Monitoring/ Rehabilitation; Project No. 2018-WWTP-2 be approved.
_________________________________________ _____________________________________
John Collins – City Engineer/Public Works Director Roger G. Steele – Mayor
Grand Island Council Session - 6/11/2019 Page 103 / 124
Approved as to Form ¤ ___________
May 9, 2017 ¤ City Attorney
R E S O L U T I O N 2019-190
WHEREAS, the City Engineer/Public Works Director issued a Certificate of
Final Completion for Sanitary Sewer Manhole Flow Monitoring / Rehabilitation; Project No.
2018-WWTP-2 certifying that The Diamond Engineering Company of Grand Island, Nebraska,
under contract, has completed such project for the total construction amount of $238,486.71; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, additional project costs equate to $17,412.49, as shown
Additional Costs:
The Grand Island Independent Advertising $ 121.83
City of Grand Island Public Works Engineering Services $ 891.10
McMaster-Carr Supplies $ 1,248.14
Kelly Supply Supplies $ 2,348.42
JMBorer Companies Post Powder Coating $ 720.00
Justin Meader Flow Meters & ISCO Cellular Modems $ 12,083.00
Additional Costs = $ 17,412.49
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works
Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for
the Sanitary Sewer Manhole Flow Monitoring / Rehabilitation; Project No. 2018-WWTP-2 is
hereby confirmed for the total amount of $255,899.20.
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
___________________
Roger G. Steele, Mayor
Attest:
_____________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 104 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item H-1
Consideration of Request from Christopher and Kay Kotulak,
DVM for a Conditional Use Permit for a Veterinary Clinic/Animal
Hospital-Equine located at 5066 Ft. Kearney Road
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Craig Lewis
Grand Island Council Session - 6/11/2019 Page 105 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item I-1
#2019-191- Consideration of Approving the Semi-Annual Report
by the Grand Island Area Economic Development
Corporation/Citizens Advisory Review Committee on the
Economic Development Program Plan
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Dave Taylor - EDC President
Grand Island Council Session - 6/11/2019 Page 106 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019-191
WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5
requires a report by the Citizens Advisory Review Committee to the City Council at least once
every six months on its findings and suggestions on the administration of the Economic
Development Plan; and
WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory
Review Committee was held at a regular session of the Grand Island City Council on June 11,
2019; and
WHEREAS, said report gave information about the activities of the past six
months that have taken place pursuant to the Economic Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens
Advisory Review Committee is hereby accepted and approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 107 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item I-2
#2019-192 - Consideration of Approving Economic Development
Incentive Agreement with Zabuni Specialty Coffee
Auction/Sycamore Investments, LLC
Staff Contact: Dave Taylor - EDC Precisdent
Grand Island Council Session - 6/11/2019 Page 108 / 124
Council Agenda Memo
From:Jerry Janulewicz, City Attorney
Meeting:June 11, 2019
Subject:Approving Economic Development Incentive Agreement
with Zabuni Specialty Coffee Auction/Sycamore
Investments, LLC
Presenter(s):Jerry Janulewicz, City Attorney
Background
At the November 6, 2012 General Election, the voters of the City of Grand Island
approved LB840 funding to enable the City to extend economic development incentives
through the Grand Island Area Economic Development Corporation (GIAEDC). The
Economic Development Corporation has received an application from Zabuni Specialty
Coffee Auction/Sycamore Investments, LLC, 220 North Walnut Street for an
entrepreneurial start up business. On March 29, 2019, the Executive Board of the GIEDC
approved submission of the attached Economic Development Agreement to the Citizens
Advisory Review Committee (CARC) for consideration and recommendation. The
CARC met on April 22, 2019 and approved the request and Agreement for
recommendation to the City Council for final action and approval.
Discussion
Zabuni Specialty Coffee Auction/Sycamore Investments, LLC has submitted the required
LB-840 application (see attached) for a forgivable loan in the amount of $100,000.00.
Proposed is the creation of 10 new jobs with an hourly wage of $18.00. Requested is
$50,000.00 for job creation; $25,000.00 for job training; and $25,000 for infrastructure.
LB-840 funds would be disbursed incrementally through 2022.
This company, located at 220 North Walnut Street, is a new business that would host
monthly, online and in person auctions to sell green bean coffee (raw) to the North
American market. The first source of coffee would be from Kenya.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 6/11/2019 Page 109 / 124
1.Move to approve the Economic Development Agreement with Zabuni
Specialty Coffee Auction/Sycamore Investments, LLC.
2.Do not approve the Economic Development Agreement with Zabuni Specialty
Coffee Auction/Sycamore Investments, LLC.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with Zabuni Specialty Coffee
Auction/Sycamore Investments, LLC.
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with Zabuni Specialty Coffee Auction/Sycamore Investments,
LLC.
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4816-0660-0086.2
ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT (this “Agreement”) is made and
entered into effective as of the 11th day of June, 2019 (the “Effective Date”), by and among the
City of Grand Island, Nebraska (“City”), the Grand Island Economic Development Corporation
(“GIAEDC”) and Zabuni Specialty Coffee Auction LLC, a Nebraska limited liability company
(“Company”) (City, GIAEDC and Company, each a “Party” and collectively, the “Parties”).
W I T N E S S E T H:
WHEREAS, on April 15, 2019, Company filed an Application for Economic Development
Incentives (the “Application”) with City and GIAEDC;
WHEREAS, Company is starting operations in Grand Island;
WHEREAS, the Company agrees to employ at least ten (10) full-time equivalent
employees in Grand Island by the third (3rd) anniversary of the Effective Date;
WHEREAS, City and GIAEDC find Company derives its principal source of income from
the sale of services in interstate commerce and is a qualifying business under City’s Economic
Development Program, that Company’s project qualifies for economic development incentives
under the Program, that Company’s project will be of substantial economic benefit to the people
of Grand Island and the surrounding area, and the economic development incentive plan set
forth in this Agreement contributes to the fulfillment of the major objectives of City’s Economic
Development Plan;
WHEREAS, City and GIAEDC are willing to provide Company with up to $25,000 in job
training assistance, up to $50,000 in job creation incentives, and up to $25,000 in infrastructure
support at the times and upon the fulfillment of the conditions set forth in this Agreement
provided that Company complies with the terms of this Agreement; and
WHEREAS, in furtherance of the foregoing recitals, the Parties desire to enter into this
Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this Agreement, the Parties agree as follows:
1.Definitions. As used in this Agreement, the following terms shall have the
respective meanings ascribed to them in this Section 1:
(a)“Employment Certificate” shall mean a certificate for the defined period
containing the sworn statement of a duly authorized representative of Company
specifically setting forth compliance with the terms of this Agreement. The Employment
Certificate shall contain the following information and adhere to the following terms: (i)
the total number of hours which FTE’s worked and total gross compensation received by
FTE’s for hours worked at Company’s facilities in Grand Island during the twelve (12)
successive calendar months immediately preceding the date of the Employment
Certificate; and (ii) the hourly rate for all FTE’s which shall meet or exceed the Minimum
Hourly Rate. Company agrees that upon receipt of written notice pursuant to the terms
of this Agreement, Company shall allow the City Administrator or his designee to
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4816-0660-0086.2
personally inspect Company’s employment records as confirmation of the statements
contained in the Employment Certificate.
(b)“Full-Time Equivalents” or “FTE’s” shall mean persons currently employed
by Company and persons hired by Company as part of the expansion of its operations to
Grand Island as detailed in the recitals to this Agreement. The total number of FTE’s
shall be determined by dividing the total number of hours Company employees worked
at its facilities located in Grand Island by two thousand eighty (2,080).
(c)“Minimum Hourly Rate” shall mean a minimum hourly rate of $18.00 per
hour for each FTE employed as part of Company’s expansion of its operations in Grand
Island. The hourly rate shall be determined by dividing the total wages and salaries paid
to FTE’s by two thousand eighty (2,080).
2.Employment Requirements. Company shall meet each of the following
employment requirements:
(a)Company shall have a minimum of one (1) FTE at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the Effective Date;
(b)Company shall have a minimum of three (3) FTE’s at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the first (1st) anniversary of
the Effective Date;
(c)Company shall have a minimum of six (6) FTE’s at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the second (2nd)
anniversary of the Effective Date; and
(d)Company shall have a minimum of ten (10) FTE’s at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the third (3rd) anniversary
of the Effective Date.
3.Disbursement of LB 840 Funds for Job Training. Disbursement of the economic
incentive funds for job training shall be paid to Company by City in accordance with the
following schedule:
(a)A disbursement for training FTE’s in the amount of Eight Thousand Three
Hundred Thirty-Three and 34/100 Dollars ($8,333.34) shall be paid by City to Company
within sixty (60) days of the approval this Agreement by the City Council.
(b)A disbursement for training FTE’s in the amount of Eight Thousand Three
Hundred Thirty-Three and 33/100 Dollars ($8,333.33) shall be paid by City to Company
within thirty (30) days of the first (1st) anniversary of the Effective Date provided that
Company has delivered an Employment Certificate to City and GIAEDC evidencing that
Company has at least three (1) FTE’s at its facilities in Grand Island being compensated
at the Minimum Hourly Rate.
(c)A disbursement for training FTE’s in the amount of Eight Thousand Three
Hundred Thirty-Three and 33/100 Dollars ($8,333.33) shall be paid by City to Company
within thirty (30) days of the second (2nd) anniversary of the Effective Date provided that
Company has delivered an Employment Certificate to City and GIAEDC evidencing that
Grand Island Council Session - 6/11/2019 Page 117 / 124
4816-0660-0086.2
Company has at least six (6) FTE’s at its facilities in Grand Island being compensated at
the Minimum Hourly Rate.
(d)The maximum amount City shall disburse to Company for job training
shall be Twenty-Five Thousand and No/100 Dollars ($25,000.00).
4.Disbursement of LB 840 Funds for Job Creation. Company shall be eligible for
disbursements of up to Five Thousand and no/100 Dollars ($5,000.00) per FTE for up to ten
(10) FTE’s for a total disbursement of up to Fifty Thousand and No/100 Dollars ($50,000.00).
Disbursement of the economic incentive funds for job creation shall be paid to Company by City
in accordance with the following schedule:
(a)A disbursement of Fifteen Thousand and No/100 Dollars ($15,000.00)
shall be paid by City to Company within thirty (30) days of the first (1st) anniversary of the
Effective Date provided that Company has delivered an Employment Certificate to City
and GIAEDC evidencing that Company has at least three (3) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate.
(b)A disbursement of Fifteen Thousand and No/100 Dollars ($15,000.00)
shall be paid by City to Company within thirty (30) days of the second (2nd) anniversary
of the Effective Date provided that Company has delivered an Employment Certificate to
City and GIAEDC evidencing that Company has at least six (6) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate.
(c)A disbursement of Twenty Thousand and No/100 Dollars ($20,000.00)
incentives shall be paid by City to Company within thirty (30) days of the Third (3rd)
anniversary of the Effective Date provided that Company has delivered an Employment
Certificate to City and GIAEDC evidencing that Company has at least ten (10) FTE’s at
its facilities in Grand Island being compensated at the Minimum Hourly Rate.
(d)The maximum amount City shall disburse to Company for job creation
shall be Fifty Thousand and No/100 Dollars ($50,000.00).
5.Disbursement of LB 840 Funds for Infrastructure. Disbursement of the economic
incentive funds for infrastructure shall be paid to Company by City in accordance with the
following schedule:
(a)A disbursement for infrastructure in the amount of Eight Thousand Three
Hundred Thirty-Three and 34/100 Dollars ($8,333.34) shall be paid by City to Company
within thirty (30) days of the completion of a public coffee auction to be held in person or
online at 220 North Walnut Street Grand Island, NE with a minimum sale of 2,000
Kilograms of green bean unroasted coffee imported from Kenya being sold at said
auction to parties not related to, or affiliated with, Company (the “First Sale”). Company
shall provide evidence of the First Sale that is acceptable to GIAEDC and City as
required pursuant to Section 5(e) prior to the disbursement of any funds pursuant to this
Section 5(a);
(b)A disbursement for infrastructure in the amount of Eight Thousand Three
Hundred Thirty-Three and 34/100 Dollars ($8,333.34) shall be paid by City to Company
within thirty (30) days of the first (1st) anniversary of the Effective Date;
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4816-0660-0086.2
(c)A disbursement for infrastructure in the amount of Eight Thousand Three
Hundred Thirty-Three and 34/100 Dollars ($8,333.34) shall be paid by City to Company
within thirty (30) days of the second (2nd) anniversary of the Effective Date;
(d)The maximum amount City shall disburse to Company for infrastructure
shall be Twenty-Five Thousand and No/100 Dollars ($25,000.00); and
(e)Within fifteen (15) days after the First Sale, Company agrees to provide
City and GIAEDC (i) copies of auction sales receipts from parties not related to, or
affiliated with, Company, evidencing a minimum sale of 2,000 Kilograms of green bean
unroasted coffee imported from Kenya, and (ii) evidence that said coffee has been
imported from Kenya.
6.Company’s Representations and Warranties. Company represents and warrants
to City and GIAEDC as follows:
(a)Organization, Standing and Power. Company is a limited liability
company duly formed, validly existing and in good standing under the laws of the State of
Nebraska and has the legal power to carry on its business as it is now being conducted.
(b)Authority. The execution, delivery and performance of this Agreement by
Company has been duly and validly authorized and approved by all necessary legal action on
the part of Company.
(c)Binding Agreement. This Agreement, when executed and delivered, will
constitute the legal, valid and legally binding agreement of Company, enforceable against
Company in accordance with its terms.
(d)No Conflict with Other Instruments or Agreements. The execution,
delivery and performance of this Agreement by Company will not result in a breach or violation
of, or constitute a default under any agreement to which Company is bound, and will not be in
violation of any statute, judgment, order, rule or regulation of any court, or any federal, state or
other regulatory authority or governmental body having jurisdiction over Company in effect as of
the Effective Date.
(e)No Brokers. Company has not retained or agreed to compensate any
broker or finder in connection with the transactions contemplated by this Agreement.
(f)Operations. During the term of this Agreement, Company shall maintain
operations in Grand Island, Nebraska.
In the event that Company breaches any of the foregoing representations and warranties, all
amounts distributed by City to Company pursuant to this Agreement shall immediately become
due and owing by Company to City and if unpaid shall accrue interest at the rate of eight
percent (8%) per annum until such amounts are repaid in full.
7.Company’s Obligation to Repay Funds. The Parties acknowledge and agree that
the funds to be provided by City to Company pursuant to this Agreement are being provided in
the form of an economic development loan and are subject to repayment in accordance with the
terms and conditions of this Agreement if Company fails to perform its obligations under this
Agreement. The Parties further acknowledge and agree that City shall forgive the entire
economic development loan disbursed to Company representing a total of One Hundred
Thousand and No/100 Dollars ($100,000.00) upon Company meeting the following conditions:
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4816-0660-0086.2
(a)Company shall have complied with all of the terms and provisions of
Sections 2 through 7 of this Agreement in all respects; and
(b)If Company remains in compliance with all of the terms and provisions of
Sections 2 through 7 of this Agreement in all respects, the economic development loan
will be forgiven pursuant to the following schedule:
(i)On the first anniversary of the Effective Date, Sixteen Thousand
Six Hundred Sixty-Six and 68/100 Dollars ($16,666.68) of the economic
development loan shall be forgiven;
(ii) On the second anniversary of the Effective Date, Thirty-One
Thousand Six Hundred Sixty-Six and 66/100 Dollars ($31,666.66) of the
economic development loan shall be forgiven; and
(iii)On the third anniversary of the Effective Date, Thirty-One
Thousand Six Hundred Sixty-Six and 66/100 Dollars ($31,666.66) of the
economic development loan shall be forgiven.
iv)On the fourth anniversary of the Effective Date, Twenty Thousand
and No/100 Dollars ($20,000.00) of the economic development loan shall
be forgiven.
8..Default. In the event that Company fails to comply with any of the terms of this
Agreement, City may declare Company to be in breach. Any such declaration shall be in writing
and sent by US Mail or courier to Company at its last known address. In the event that City
declares Company to be in breach, City may immediately terminate this Agreement by providing
written notice of termination sent by US Mail or courier to Company at its last known address
whereupon all amounts distributed by City to Company pursuant to this Agreement shall
immediately become due and owing by Company to City and if unpaid shall accrue interest at
the rate of eight percent (8%) per annum until such amounts are repaid in full.
9.Actions after Effective Date. From time to time after the Effective Date, without
further consideration, each of the Parties will execute and deliver such documents and
instruments as any other Party shall reasonably request to give full effect to the transactions
contemplated by this Agreement.
10.Term. This Agreement (and all representations, covenants, agreements,
obligations and warranties of Company, City and GIAEDC contained in this Agreement), shall
remain in full force and effect until the earlier of the date that (a) the entire economic
development loan has been forgiven pursuant to Section 7, or (b) Company has repaid all
amounts provided to Company pursuant to this Agreement (in the event Company breaches its
obligations under this Agreement) (such date, the “Termination Date”). From and after the
Termination Date, this Agreement shall be of no further force or effect and no Party shall have
any further obligations pursuant to this Agreement.
11.Amendment. No amendment or modification of this Agreement shall be binding
on any Party unless the same shall be in writing and signed by all Parties.
12.Communication. Company agrees to inform City and GIAEDC of any changes in
Company’s address, telephone number, email address or leadership within three (3) business
days of such changes. Company also agrees to fully respond within fifteen (15) calendar days
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4816-0660-0086.2
to any request for information from City and/or GIAEDC related to Company’s compliance with
the terms of this Agreement. All responses to inquiries shall be in writing and provided to City
and GIAEDC at the following addresses:
Grand Island City Administrator
100 East First Street
P.O. Box 1968
Grand Island, NE 68802-1968
Cityadministrator@grand-island.com
Grand Island Area Economic Development Corporation
123 North Locust Street, Suite 201B
P.O. Box 1151
Grand Island, NE 68802
mberlie@grandisland.org
13.Indemnification. Company agrees to indemnify, defend and hold City, GIADEC
and their employees, officers, directors, agents, attorneys, affiliates and their respective
successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any
and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense
(including interest, penalties, attorneys’ fees and amounts paid in settlement) to which the
Indemnified Parties may become subject arising out of or based upon a breach or default by
Company of this Agreement.
14.Expenses. The Parties shall all pay their respective expenses incident to the
preparation, execution and consummation of this Agreement.
15.Binding Effect. This Agreement shall be binding upon, and shall inure to the
benefit of, the Parties and their respective successors and assigns (including, without limitation,
any purchaser of, or successor to, Company whether by purchase, merger, consolidation,
reorganization, liquidation or any other type of transaction).
16.Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be
ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Agreement.
17.Non-Waiver. Waiver of or acquiescence by City and/or GIAEDC in any default
by Company, or any failure of City and/or GIAEDC to insist upon strict performance by
Company of any warranties, agreements or other obligations contained in this Agreement shall
not constitute a waiver of any subsequent or other default, failure or waiver of strict
performance, whether similar or dissimilar.
18.Relationship of Parties. The Parties have entered into this Agreement solely for
the purposes set forth in this Agreement. Nothing contained in this Agreement shall be
construed to create or imply any (a) partnership or joint venture by or among of the Parties, or
(b) any principal and agency relationship by or among the Parties.
19.Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Nebraska, without giving effect to its conflict of laws
principles.
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4816-0660-0086.2
20.Entire Agreement. This Agreement and the documents referred to in this
Agreement constitute the entire agreement of the Parties respecting the subject matter
contained in this Agreement and supersede any prior offers, understandings, agreements or
representations by and between the Parties, written or oral, which may have related to the
subject matter of this Agreement in any way.
21.Counterparts. This Agreement may be executed simultaneously in counterparts,
each of which shall be deemed an original, but which together shall constitute the same
instrument.
IN WITNESS WHEREOF, the parties have signed this Agreement effective as of the
Effective Date.
Zabuni Specialty Coffee Auction LLC, a Nebraska
limited liability company
By:______________________________________
Its:______________________________________
City of Grand Island, Nebraska
By:______________________________________
Its:______________________________________
Grand Island Area Economic Development
Corporation
By:______________________________________
Its:______________________________________
Grand Island Council Session - 6/11/2019 Page 122 / 124
Approved as to Form ¤ ___________
June 18, 2019 ¤ City Attorney
R E S O L U T I O N 2019-192
WHEREAS, on November 6, 2012, the City of Grand Island adopted an
Economic Development Program and a Citizens Advisory Review Committee to oversee the
process of approving applications for economic development incentives; and
WHEREAS, Zabuni Specialty Coffee Auction/Sycamore Investments, LLC has
applied for a forgivable loan for job creation, job training, and infrastructure in the amount of
$100,000.00 from the Grand Island Area Economic Development Corporation in accordance
with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of
the Economic Development Corporation on March 29, 2019 and was approved on April 22, 2019
by the Citizens Advisory Review Committee; and
WHEREAS, Zabuni Specialty Coffee Auction/Sycamore Investments, LLC will
be required to meet or exceed employment numbers and employee salary levels as outlined in the
Economic Development Agreement to retain all of the economic incentives granted under the
agreement; and
WHEREAS, it is in the best interests of the City to provide economic
development funding to Zabuni Specialty Coffee Auction/Sycamore Investments, LLC as
provided by the Grand Island Economic Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development
Agreement by and between the City, the Grand Island Area Economic Development Corporation
and Zabuni Specialty Coffee Auction/Sycamore Investments, LLC, to provide $100,000.00 in
economic assistance to Zabuni Specialty Coffee Auction/Sycamore Investments, LLC to be used
for creating a new business in Grand Island, is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_________________________________
Aaron Schmid, City Clerk Pro Tem
Grand Island Council Session - 6/11/2019 Page 123 / 124
City of Grand Island
Tuesday, June 11, 2019
Council Session
Item J-1
Approving Payment of Claims for the Period of May 29, 2019
through June 11, 2019
The Claims for the period of May 29, 2019 through June 11, 2019 for a total amount of $4,603,995.18.
A MOTION is in order.
Staff Contact: Patrick Brown
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