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06-25-2019 City Council Regular Meeting Packet City of Grand Island Tuesday, June 25, 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 Grand Island Council Session - 6/25/2019 Page 1 / 230 City of Grand Island Tuesday, June 25, 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 - Paster Parker Loghry, Third City Christian Church, 4100 West 13th Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 6/25/2019 Page 2 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item E-1 Public Hearing on Acquisition of Utility Easements - 1308 and 1316 Carol Street - Rhoads Enterprises, Inc. Council action will take place under Consent Agenda item G-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/25/2019 Page 3 / 230 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:June 25, 2019 Subject:Acquisition of Utility Easement – 1308 and 1316 Carol Street – Rhoads Enterprises, Inc. 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 Rhoads Enterprises, Inc., through a part of Lot One (1) and Lot Three (3), Rhoads Second Subdivision, in the City of Grand Island, Hall County, Nebraska (1308 and 1316 Carol Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Rhoads Enterprises, Inc., has requested a new electrical service for townhouses to be built at 1308 and 1316 Carol Street. Two new three-phase padmount transformers and 4” conduit with 1/0 copper cable will be installed on their 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). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 6/25/2019 Page 4 / 230 Grand Island Council Session - 6/25/2019 Page 5 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item E-2 Public Hearing on CRA Area #16 Blighted and Substandard Study for 569.09 Acres located North of State Street and East of Webb Road (City of Grand Island) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 6/25/2019 Page 6 / 230 Council Agenda Memo From:Regional Planning Commission Meeting:June 25, 2019 Subject:Veteran’s Home Blight Study (Proposed Area 16) C-24-2019GI Presenter(s):Chad Nabity, Regional Planning Director Background The Grand Island Community Redevelopment Authority commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 16. The study was prepared by Marvin Planning Associates of David City, Nebraska. This study is approximately 569.09 acres of property in northern Grand Island north of State Street and east of Webb Road including the all of the Central Nebraska Veterans Home property. On April 23, 2019, council referred the attached study to the Planning Commission for its review and recommendation. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: 18-2109. Redevelopment plan; preparation; requirements; planning commission or board; public hearing; notice; governing body; public hearing; notice. (1) An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after the public hearings required under this section, declared such area to be a substandard and blighted area in need of redevelopment. (2) Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is substandard and blighted Grand Island Council Session - 6/25/2019 Page 7 / 230 and shall submit the question of whether such area is substandard and blighted to the planning commission or board of the city for its review and recommendation. The planning commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to this subsection. The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. (3) Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection (2) of this section, the governing body shall hold a public hearing on the question of whether the area is substandard and blighted after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to subsection (2) of this section. At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration. (4) Copies of each substandard and blighted study or analysis conducted pursuant to subsection (2) of this section shall be posted on the city’s public web site or made available for public inspection at a location designated by the city. ~Reissue Revised Statutes of Nebraska 7-19-18 A flow chart of the blight declaration process is shown in Figure 2. At this time, the Council is only concerned with determining if the property is blighted and substandard. Figure 3 is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. The city of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of April 1, 2019, 20.11% of the City has been declared blighted and substandard. Area 16 would add 569 acres to the total of blighted and substandard property and would, if approved, add 2.96% to the total area declared blighted and substandard bringing the total to 23.07%. The 31 acres of proposed area 29 also under consideration would add 0.17% bringing the total to 23.24%. Proposed Area 28 (Conestoga Mall) would add another 0.41% and proposed area 30 would add 0.01% bringing the total area declared to 23.66%. Both area 16 and 29 both include property that was annexed on May 28, 2019 so those number will drop slightly. It does not appear that the declaration of Area 16 would significantly impact the City’s ability to declare other areas blighted and substandard Grand Island Council Session - 6/25/2019 Page 8 / 230 Redevelopment Area 16 Grand Island Council Session - 6/25/2019 Page 9 / 230 Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Grand Island Council Session - 6/25/2019 Page 10 / 230 Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan Grand Island Council Session - 6/25/2019 Page 11 / 230 It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1.review the study, 2.take testimony from interested parties, 3.review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4.make findings of fact, and 5.include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (3) Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not Grand Island Council Session - 6/25/2019 Page 12 / 230 designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (31) Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and ~Reissue Revised Statutes of Nebraska 7-19-18 ANALYSIS-Blight and Substandard Study The following findings are copied directly from the Study. The analysis of the substandard and blighted factors is conducted on pages 8 - 23 of the study. FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #16#16 Blight Study Area #16 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Average age of structures is over 40 years of age Substantial number of deteriorating structures Deterioration of site or other improvements Dangerous conditions to life or property due to fire or other causes Improper Subdivision or obsolete platting Diversity of ownership Combination of factors which are impairing and/or arresting sound growth Substandard Conditions Average age of the structures in the area is at least forty years. Based on the study these areas meet the thresholds to qualify as blighted and substandard. Tax increment financing would potentially be available for redevelopment projects on any of the property included in the study. Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible Grand Island Council Session - 6/25/2019 Page 13 / 230 for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommend Questions for City Council Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.) Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area? Is public intervention appropriate and/or necessary for the redevelopment of the area? Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City? What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. Planning Commission Recommendation The Regional Planning Commission held a public hearing and took action on the blight and substandard study proposed Area 16 during its meeting on June 5, 2019. The study area includes approximately 569.09 acres referred to as CRA Area No. 16. The study area is generally located north of State Street and east of Webb Road including the all of the Central Nebraska Veterans Home property (C-24-2019GI) O’Neill opened the public hearing. Nabity explained this study was commissioned by the Grand Island Community Redevelopment Authority. They commissioned the study in 2014 after the decision was made that the Veteran’s Home would be moving to Kearney. Keith Marvin conducted the study in 2014 and also updated the study this spring. There were several improvements. West of Eagle Scout Park was not in the city limits and it was annexed as of May 28, 2019. The CRA wanted the study to include everything between Grand Island Senior High and Houston Avenue and North of State Street. The study does indicate that the area can be blighted and substandard. Nabity recommends approval of the study. O’Neill closed the public hearing Grand Island Council Session - 6/25/2019 Page 14 / 230 A motion was made by Monter and second by Maurer to approve resolution 2019- 09. The motion was carried with nine members voting in favor (Nelson, O’Neill, Ruge, Maurer, Monter, Rainforth, Rubio, Hendricksen, and Randone) and no members 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 Sample Motion If Council wishes to approve the designation of this property as blighted and substandard, an action required if Tax Increment Financing is to be used for the redevelopment of properties in this area, a motion should be made to approve the Substandard and Blight Designation for Redevelopment Area No. 16 in Grand Island, Hall County, Nebraska finding the information in the study to be factual and supporting such designation. A resolution authorizing the approval of this study has been prepared for Council consideration. Grand Island Council Session - 6/25/2019 Page 15 / 230 City of Grand Island, NE Blight and Substandard Study Area #16 April 2019 Grand Island Council Session - 6/25/2019 Page 16 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 1 PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. The Grand Island CRA commissioned the study to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, look at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for the formulation of a workable program; disaster assistance; effect. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which Grand Island Council Session - 6/25/2019 Page 17 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 2 endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is Blighted and Substandard Area 16. The Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions are existing within the City’s jurisdiction and as allowed under Chapter 18. Through this process, the City and property owners will attempt to address economic and/or social liabilities which are harmful to the well-being of the entire community. Grand Island Council Session - 6/25/2019 Page 18 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 3 Figure 1 shows the study area of this report. A Redevelopment Plan to be submitted in the future containing, by law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities, and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. Through the redevelopment process, the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area include agricultural, residential, commercial, and public uses. The portion of the study containing the public uses contains the Central Nebraska Veterans Home (CNVH) which is slated to be relocated to Kearney in the coming years. If and when this move takes place, the current site will be vacated and provides an ideal opportunity for redevelopment in northern Grand Island along the frontages of Capital Avenue and Nebraska Highway 2. Some areas within close proximity to the CNVH are currently agricultural lands, some within the corporate limits and some outside the limits. The thought is these properties may become developed at the same time the CNVH site gets redeveloped. Therefore, those areas have been included in the study area; however, those lands outside the corporate limits must be annexed into the corporate limits prior to the declaration of blight and substandard. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Study Area POINT OF BEGINNING IS THE INTERSECTION OF THE INTERSECTION OF THE CENTERLINES OF BROADWELL AVENUE N AND CAPITAL AVENUE W; THENCE WESTERLY ALONG SAID CENTERLINE OF CAPITAL AVENUE W TO THE INTERSECTION OF THE CENTERLINES OF CAPITAL AVENUE W AND HUSTON AVENUE N; THENCE SOUTHERLY ALONG SAID CENTERLINE OF HUSTON AVENUE N TO THE CENTERLINE OF STATE STREET W; THENCE WESTERLY ALONG SAID CENTERLINE OF STATE STREET W TO THE CENTERLINE OF LAFAYETTE AVENUE N; THENCE; NORTHERLY ALONG SAID CENTERLINE OF LAFAYETTE AVENUE N TO THE CENTERLINE OF FORREST STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF FORREST STREET TO THE CENTERLINE OF KRUSE AVENUE N; THENCE NORTHERLY ALONG SAID CENTERLINE OF KRUSE AVENUE N TO THE CENTERLINE OF COTTAGE STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF COTTAGE STREET TO THE CENTERLINE OF HANCOCK Grand Island Council Session - 6/25/2019 Page 19 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 4 AVENUE; THENCE NORTHERLY ALONG SAID CENTERLINE OF HANCOCK AVENUE TO THE CENTERLINE OF CAPITAL AVENUE W; THENCE WESTERLY ALONG SAID CENTERLINE OF CAPITAL AVENUE W TO THE SOUTHERLY EXTENDED WEST PROPERTY LINE OF MISCELLANEOUS TRACTS 5-11-9 OTHERWISE REFERRED TO THE STATE OF NEBRASKA SOLDIERS HOME; THENCE NORTHERLY ALONG SAID WESTERN PROPERTY LINE TO THE NORTHEAST CORNER OF A MISCELLANEOUS TRACT 5-11-9 OTHERWISE REFERRED TO AS THE STATE OF NEBRASKA SOLDIERS HOME (CEMETERY); THENCE WESTERLY ALONG THE NORTHERN BOUNDARY OF THE CEMETERY TO THE NORTHWEST CORNER OF SAID PROPERTY; THENCE NORTHERLY ALONG THE EAST PROPERTY LINE OF A MISCELLANEOUS TRACT 6-11-9 REFERRED TO AS THE STATE OF NEBRASKA SOLDIERS HOME TO THE SOUTH RIGHT-OF-WAY OF US HIGHWAY 281; THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE INTERSECTION OF THE WESTERN PROPOERTY LINE OF LAND CONTAINING EAGLE SCOUT PARK; THENCE SOUTHERLY ALONG THE WEST PROPERTY LINE OF EAGLE SCOUT PARK TO THE SOUTHWEST CORNER OF VETERANS BALLFIELD COMPLEX; THENCE EASTERLY ALONG THE SOUTHERN PROPERTY LINE OF SAID COMPLEX TO THE SOUTHEAST CORNER (MOST EASTERLY POINT); THENCE EXTENDING EASTERLY TO THE CENTERLINE OF BROADWELL AVENUE N; THENCE SOUTHERLY ALONG SAID CENTERLINE OF BROADWELL AVENUE N TO THE POINT OF BEGINNING. UNIQUE CONDITIONS TO THE STUDY AREA A portion of this describe area is currently outside the corporate limits of the city. In order for this specific area to be declared as blighted and substandard, the City Council will need to annex the property into the corporate limits. The portions of the area is currently owned by the State of Nebraska Soldiers Home and other areas are owned by the City of Grand Island. Currently the ground contains crops but would likely meet the urban and suburban test. If this property does not become annexed and declared blighted and substandard, it will be very difficult to declare this area such as a standalone Grand Island Council Session - 6/25/2019 Page 20 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 5 Figure 1 Study Area Map Source: Marvin Planning Consultants 2019 Area currently outside the Grand Island corporate limits Grand Island Council Session - 6/25/2019 Page 21 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 6 EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts that either benefit or detract from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compare the all land uses to the total area within the Study Area. The Study Area is predominately residential and undeveloped areas, including an area of agricultural ground (needing to be annexed). Residential ground made up 59.0% of the developed area and 20.5% of the total study area. However, vacant/agricultural land made up 65.3% of the total study area. Transportation related uses were 34.9% of the developed area and 12.1% of the total study area. TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2019 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 116.5 59.0%20.5% Single-family 53.26 27.0%9.4% Multi-family 63.24 32.0%11.1% Manufactured Housing 0 0.0%0.0% Commercial 0 0.0%0.0% Industrial 0.00 0.0%0.0% Quasi-Public/Public 11.98 6.1%2.1% Parks/Recreation 0 0.0%0.0% Transportation 68.87 34.9%12.1% Total Developed Land 197.35 100.0% Vacant/Agriculture 371.74 65.3% Total Area 569.09 100.0% Source: 2019 Grand Island Blight Study Area 16, Marvin Planning Consultants Grand Island Council Session - 6/25/2019 Page 22 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 7 Figure 2 Existing Land Use Map Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 23 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 8 FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the Eligibility Report examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There are a number of conditions that were examined and evaluated in the field and online. There are a number of conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are present, other are not. Structural Conditions Where structural conditions were evaluated, structures were either rated as: Good, Average, Fair, or badly worn. The data and rating system come from the Hall County Assessor’s database and is the same database used to value properties in the area. In addition, our team had to make some assumptions on the Central Nebraska Veterans Home and Legion/VFW Building since they are not addressed by the Assessor’s office. Based upon the data provided to the planning team, the following is the breakdown for structures in the study area: • 26 (7.9%) structures rated as good • 273 (83.2%) structures rated as average • 28 (8.5%) structure rated as badly worn • 1 (0.3%) structure rated as worn out Based upon these data, an assumption has been made that average condition and less would constitute less than desirable conditions due to age and conditions. It is common that that older a structure gets the more maintenance and upkeep are required in order to maintain a good or higher condition. Even an average structure will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Sidewalk Conditions The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four categories; adequate, deteriorating, dilapidating, and missing completely. Within the study area there is approximately 53,465 lineal feet of sidewalk possible. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area: • 7,776 (14.5%) lineal feet of good sidewalk • 12,739 (23.8%) lineal feet of adequate sidewalk • 21,410 (40.0%) lineal feet of deteriorating sidewalk • 11,540 (21.7%) lineal feet of no sidewalk. • There was no sidewalk deemed to be dilapidated. Overall, 61.7% of the sidewalks are in either a deteriorating state or completely missing. Missing sidewalk is as bad as dilapidated or deteriorating sidewalk since there is no safe place to walk other than across someone else’s property or in the street. The safest sidewalks appeared to be along routes that ran north and Grand Island Council Session - 6/25/2019 Page 24 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 9 Figure 3 Structural Conditions Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 25 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 10 Figure 4 Sidewalk Conditions Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 26 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 11 south and directly connected into the Senior High School, just outside the study area. See Figure 5 for the locations of these sidewalks. Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions would be a direct contributing factor. Street Conditions The street conditions were analyzed in the Study Area. The streets were also rated on four categories; adequate, deteriorating, dilapidating, and missing completely. The following is the breakdown for the area. Within the study area there is approximately 42,562 lineal feet of street. After reviewing the conditions in the field, the following is how the street conditions breakdown within the corporate limits: • 3,745 ( 8.8%) lineal feet of good street • 5,795 (13.6%) lineal feet of adequate street • 21,969 (51.6%) lineal feet of deteriorating street • 11,053 (26.0%) lineal feet of dirt/gravel/unimproved streets. • There was no street deemed to be dilapidated. Overall, 77.6% of the streets are in either a deteriorating state or were paved with dirt/gravel, thus an obsolete material for an urban area. See Figure 5 for the locations of these streets. Due to the large amount of deteriorating and missing street, the street conditions would be a direct contributing factor. Grand Island Council Session - 6/25/2019 Page 27 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 12 Figure 5 Street Conditions Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 28 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 13 Curb and Gutter Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary functions is to be a barrier that collects and directs water to be drained away. On a secondary level, they can help define where the streets start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area were examined similarily to streets and sidewalks. The curb and gutter will be graded as either adequate, deteriorating, dilapidated, or missing. In addition, curb and gutter will be examined based upon their location, within the incorporated area or within the county industrial park. Within the study area there is approximately 54,401 lineal feet of curb and gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions breakdown within the corporate limits: • 7,817 (14.4%) lineal feet of good curb and gutter • 7,894 (14.5%) lineal feet of adequate curb and gutter • 27,488 (50.5%) lineal feet of deteriorating curb and gutter • 11,202 (20.6%) lineal feet of no curb and gutter or rural section. • There was no curb and gutter deemed to be dilapidated. In total, 71.1% of the curb and gutters are in either a deteriorating state or are missing. See Figure 6 for the locations of these curb and gutter. Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter conditions would be a direct contributing factor. Grand Island Council Session - 6/25/2019 Page 29 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 14 Figure 6 Curb and Gutter Conditions Source: Marvin Planning Consultants, 2014 Grand Island Council Session - 6/25/2019 Page 30 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 15 Deterioration of site or other improvements Throughout this Area, there is a large portion of sidewalk that is either deteriorating or missing. In addition, a large portion of the curb and gutter has been determined to be either deteriorating or missing. Finally, the area has a large number of deteriorating streets. The streets have been patched over and over due to large amounts of cracking that has been occurring in the pavement. There are numerous apartment complexes within the study area and nearly all of them have driveways and parking areas that are deteriorating and in some need of repair. In addition, the parking areas and driveways within the former Central Nebraska Veterans Home and the Legion/VFW have issues with deteriorating pavement. Based upon the field analysis, there are sufficient elements present to meet the definition of deterioration of site and other improvements in the Study Area. Grand Island Council Session - 6/25/2019 Page 31 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 16 Figure 7 Deterioration of Site or Other Improvements Source: Marvin Planning Consultants, 2014 Grand Island Council Session - 6/25/2019 Page 32 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 17 Dangerous conditions to life or property due to fire or other causes The conditions within this study area are not the typical “Dangerous conditions to and property due to fire or other causes” but they are being deemed relevant in this study. Within the study area there are three major transportation issues that can be dangerous, these are Old Nebraska Highway 2, US Highway 281, and the Burlington Northern Santa Fe (BNSF) Railroad mainline. All of these bisect the study area, and all are relatively close to one another. In addition, the proximity in which all of these converge are in a very narrow area which can and does create congestion and hazardous conditions. The major thoroughfares create potential hazards regarding the walkability and “bicycle ability” of the area. The railroad line creates the potential for derailments and potential spills, including hazardous conditions which can be dangerous to life and/or property. Based upon the field analysis, there are sufficient elements present to meet the definition of dangerous conditions within the Study Area. Figure 8 Dangerous conditions to life or property due to fire or other causes Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 33 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 18 Improper Platting or Obsolete Platting The majority of this area was platted, especially south of Capital Avenue, in the late 19th Century as the city began to grow. The vast number of the lots, as they are platted today, will be difficult to redevelop. Over the years, lots south of Capital Avenue have been allowed to reconfigure, combine together, or split apart into a fraction of the original layout. Even though they create some issues with platting, they are not as critical as the following areas: • The land north of Capital Avenue given to the State of Nebraska for the Central Nebraska Veterans Home over 100 years ago. The land has recently been given back to the City of Grand Island. • The configuration of land around old Nebraska Highway 2, the BNSF and Broadwell intersections. Based upon the review of the plat of the area, there are sufficient elements present to meet the definition of improper platting or obsolete platting within the Study Area. Figure 9 Dangerous conditions to life or property due to fire or other causes Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 34 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 19 Figure 10 Unit Age Map Source: Marvin Planning Consultants, 2019 Grand Island Council Session - 6/25/2019 Page 35 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 20 TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2019 Year Built Number of Structures Age Cumulative Age 1890 1 129 129 1894 1 125 254 1895 2 248 502 1900 6 714 1216 1905 3 342 1558 1910 3 327 1885 1911 1 108 1993 1915 4 416 2409 1916 1 103 2512 1920 7 693 3205 1922 1 97 3302 1924 1 95 3397 1925 6 564 3961 1926 4 372 4333 1930 5 445 4778 1931 2 84 5038 1935 1 84 5038 1936 9 747 5785 1940 2 158 5943 1941 2 156 6099 1942 1 77 6176 1944 2 150 6326 1945 1 74 6400 1946 8 584 6984 1947 6 432 7416 1948 7 497 7913 1949 7 490 8403 1950 19 1311 9714 1951 18 1224 10938 1952 14 938 11876 1953 11 726 12602 1954 6 390 12992 1955 5 320 13312 1956 3 189 13501 1957 3 186 13687 1958 3 183 13870 1959 2 120 13990 1960 7 413 14403 1961 4 232 14694 1962 11 627 15321 1963 4 224 15545 1964 7 385 15930 1965 4 216 16146 1966 7 371 16517 1967 6 312 16829 1968 1 51 16880 1969 6 600 17180 1970 2 98 17278 1971 1 48 17326 1973 1 46 17372 1975 4 176 17548 1976 2 86 17634 1977 1 42 17676 1978 4 164 17840 1979 7 280 18120 1980 12 468 18588 1981 10 380 18968 1982 3 111 19079 1983 5 180 12259 1984 4 140 19399 1985 2 68 19467 1991 1 28 19495 1993 1 26 19521 1994 3 75 19596 1995 1 24 19620 1996 2 46 19666 1999 1 20 19686 2000 1 19 19705 2001 2 36 19741 2003 3 48 19789 2005 2 28 19817 2006 1 13 19830 2007 1 12 19842 2009 1 10 19852 2014 1 5 19857 2018 1 1 19858 Totals 316 19858 19858 Average Age/Structure 62.84 years Source: Hall County Assessor’s Office/MPC 2019 Grand Island Council Session - 6/25/2019 Page 36 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 21 Diversity of Ownership After reviewing the information on the Hall County Assessor’s website, the study area was found to have 100’s of different property owners. In order for future redevelopment to occur it may require some of these tracts to get into common ownership. Based upon the fact, so many individuals, corporations, etc. own property in this area, it is determined that the high diversity of property ownership could easily be a barrier to redevelopment. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Table 2 indicates the cumulative approach to average age. Based upon Table 2, there are 316 primary structures which have a cumulative age of 19,858 years, or an average of 62.84 years. Within the study area there is a total of 316 primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined: • 248 (78.5%) units were determined to be 40 years of age or older • 68 (21.5%) units were determined to be less than 40 years in age The age of the structures would be a direct contributing factor. Combination of factors which are impairing and/or arresting sound growth Within this study area there are a number of factors that are impairing or arresting sound growth. A couple of these include: • The location of the Central Nebraska Veteran’s Home • The BNSF Railroad mainline • Old Nebraska Highway 2 • The inability to construct grade separated intersections between Broadwell Avenue, old Nebraska Highway 2 and the BNSF railroad mainline. • Large tract of undeveloped (agricultural ground) that is surrounded by the corporate limits and development considered to be urban and suburban in character. Based upon the review of the area, there are sufficient elements present to meet the definition of combination of factors which are impairing and/or arresting sound growth within the Study Area. BBlliigghhttiinngg SSuummmmaarryy These conditions are contributing to the blighted conditions of the study area. Average age of structures is over 40 years of age o Within the Study Area 78.5% of the structures meet the criteria of 40 years of age or older. o The average age of the primary structures in this study area is 62.84 years Substantial number of deteriorating structures o 92.0% of the structures identified within the Study Area, were deemed to be in a state less than good as defined by the Hall County Assessor’s Office. Deterioration of site or other improvements o 61.7% of sidewalk was either in a deteriorated state or missing from properties in the area. o 26.0% of the public streets and alleys were gravel or dirt. o 51.6% of the streets in the area were showing signs of deterioration. o 20.6% of the area had rural section (drainage ditches and no curb and gutter) o 50.5% of the curb and gutter areas were showing signs of deterioration. Grand Island Council Session - 6/25/2019 Page 37 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 22 o Several properties in the study area have gravel parking areas, deteriorating parking lots, and/or deteriorating driveways. Dangerous conditions to life or property due to fire or other causes o Major highways and carrying capacity o BNSF railroad o Intersection of BNSF, Broadwell Avenue, and old Nebraska Highway 2 Improper Subdivision or obsolete platting o The land north of Capital Avenue given to the State of Nebraska for the Central Nebraska Veterans Home over 100 years ago. The land has recently been given back to the City of Grand Island. o The configuration of land around old Nebraska Highway 2, the BNSF and Broadwell intersections. Diversity of ownership o There are 100’s of different property owners within the study area. Combination of factors which are impairing and/or arresting sound growth o The location of the former Central Nebraska Veteran’s Home o The BNSF Railroad mainline o Old Nebraska Highway 2 o The inability to construct grade separated intersections between Broadwell Avenue, old Nebraska Highway 2 and the BNSF railroad mainline. o Large tract of undeveloped (agricultural ground) that is surrounded by the corporate limits and development considered to be urban and suburban in character. The other criteria for Blight were not present in the area, these included: • Unsanitary / Unsafe conditions • Defective/Inadequate street layouts, • Faulty lot layout, • Defective or unusual condition of title, • Economic or social liability detrimental to health, safety and welfare, • Conditions provision of housing accommodations, • One-half of unimproved property is over 40 years old, • Inadequate provisions for ventilation, light, air, open spaces or sanitation, and These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Grand Island Council Session - 6/25/2019 Page 38 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 23 SSuubbssttaannddaarrdd CCoonnddiittiioonnss Average age of the residential or commercial units in the area is at least forty years Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of units that are 40 years of age or older to be a contributing factor regardless of their condition. Note that the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Based upon Table 2, there are 316 primary structures which have a cumulative age of 19,858 years, or an average of 62.84 years. Within the study area there is a total of 316 primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined: • 248 (78.5%) units were determined to be 40 years of age or older • 68 (21.5%) units were determined to be less than 40 years in age The age of the structures would be a direct contributing factor. SSuubbssttaannddaarrdd SSuummmmaarryy Nebraska State Statute requires “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion with the average age of the structures being more than 40 years of age. In addition, the area meets the criteria for the existence of conditions which endanger life or property by fire and other causes. FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##1166 Blight Study Area #16 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions • Average age of structures is over 40 years of age • Substantial number of deteriorating structures • Deterioration of site or other improvements • Dangerous conditions to life or property due to fire or other causes • Improper Subdivision or obsolete platting • Diversity of ownership • Combination of factors which are impairing and/or arresting sound growth Substandard Conditions • Average age of the structures in the area is at least forty years. Grand Island Council Session - 6/25/2019 Page 39 / 230 Grand Island Council Session - 6/25/2019 Page 40 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item E-3 Public Hearing on CRA Area #29 Blighted and Substandard Study for 33.18 Acres located South of Wildwood Drive and East of U.S. Highway 281 (Station 31, LLC) Council action will take place under Resolutions item I-2. Staff Contact: Chad Nabity Grand Island Council Session - 6/25/2019 Page 41 / 230 Council Agenda Memo From: Regional Planning Commission Meeting: June 25, 2019 Subject: Station 31 LLC Study (Proposed Area 29) C-25-2019GI Presenter(s): Chad Nabity Background Station 31 LLC has commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 29. The study was prepared by Marvin Planning Associates of David City, Nebraska. This study is approximately 33.18 acres of property in southern Grand Island south of Wildwood Drive and east of U.S. Highway 281 including the former Lewis Greenscape property. (See the attached map) On April 23, 2019, Council referred the attached study to the Planning Commission for its review and recommendation. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: 18-2109. Redevelopment plan; preparation; requirements; planning commission or board; public hearing; notice; governing body; public hearing; notice. (1) An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after the public hearings required under this section, declared such area to be a substandard and blighted area in need of redevelopment. (2) Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is substandard and blighted Grand Island Council Session - 6/25/2019 Page 42 / 230 and shall submit the question of whether such area is substandard and blighted to the planning commission or board of the city for its review and recommendation. The planning commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to this subsection. The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. (3) Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection (2) of this section, the governing body shall hold a public hearing on the question of whether the area is substandard and blighted after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to subsection (2) of this section. At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration. (4) Copies of each substandard and blighted study or analysis conducted pursuant to subsection (2) of this section shall be posted on the city’s public web site or made available for public inspection at a location designated by the city. ~Reissue Revised Statutes of Nebraska 7-19-18 A flow chart of the blight declaration process is shown in Figure 2. At this time, the Council is only concerned with determining if the property is blighted and substandard. Figure 3 is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. The city of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of April 1, 2019, 20.11% of the City has been declared blighted and substandard. The 31 acres of proposed area 29 also under consideration for referral would add 0.17% bringing the total to 20.28%. Area 16 would add 569 acres to the total of blighted and substandard property and would, if approved, add 2.96% to the total area declared blighted and substandard bringing the total to 23.24%. Proposed Area 28 (Conestoga Mall) would add another 0.41% and proposed area 30 would add 0.01% bringing the total area declared to 23.66%. Both area 16 and 29 both include property that was annexed on May 28, 2019 so those number will drop slightly. It does not appear that the declaration of Grand Island Council Session - 6/25/2019 Page 43 / 230 Area 29 would significantly impact the City’s ability to declare other areas blighted and substandard Redevelopment Area 29 Grand Island Council Session - 6/25/2019 Page 44 / 230 Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Grand Island Council Session - 6/25/2019 Page 45 / 230 Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan Grand Island Council Session - 6/25/2019 Page 46 / 230 It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1. review the study, 2. take testimony from interested parties, 3. review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4. make findings of fact, and 5. include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (3) Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not Grand Island Council Session - 6/25/2019 Page 47 / 230 designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (31) Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and ~Reissue Revised Statutes of Nebraska 7-19-18 ANALYSIS-Blight and Substandard Study The following findings are copied directly from the Study. The analysis of the substandard and blighted factors is conducted on pages 5 - 16 of the study. FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##2299 Blight Study Area #29 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Criteria under Part A of the Blight Definition  Substantial number of deteriorating structures  Deterioration of site or other improvements  Improper Subdivision or Obsolete Platting Criteria under Part B of the Blight Definition  The average age of the residential or commercial units in the area is at least forty years Substandard Conditions  Average age of the structures in the area is at least forty years.  Based on the study these areas meet the thresholds to qualify as blighted and substandard. Tax increment financing would potentially be available for redevelopment projects on any of the property included in the study. Grand Island Council Session - 6/25/2019 Page 48 / 230 Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommend Questions for City Council  Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.)  Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area?  Is public intervention appropriate and/or necessary for the redevelopment of the area?  Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City?  What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. Planning Commission Recommendation The Regional Planning Commission held a public hearing and took action on the blight and substandard study proposed Area 29 during its meeting on June 5, 2019. This study is approximately 33.18 acres of property in southern Grand Island south of Wildwood Drive and east of U.S. Highway 281 including the former Lewis Greenscape property. (C-25-2019GI) O’Neill opened the public hearing. Nabity stated the study was conducted by Keith Marvin with Marvin Planning Associates on behalf Station 31 LLC the current owners of Mr. Marvin was able to identify sufficient conditions to declare it blighted and substandard. Regional Planning Commission is being asked to make recommendation on the blight study. There is no specific TIF project at this point Grand Island Council Session - 6/25/2019 Page 49 / 230 but do anticipate one will come forward. Commissioner Randone questioned if this study was sufficient to declare the area blighted and substandard and asked why Garret Tire was not included. Mr. Marvin explained the average age of the structures are 47 years of age and that while this area does not have numerous conditions that would indicate blighted and substandard conditions it does meet the requirements. Nabity responded to the second question by stating that the Garret Tire property is not in the city limits and was not proposed for annexation. A portion of this area was annexed at the request of the owners on May 28, 2019. O’Neill closed the public hearing. A motion was made by Ruge and second by Rubio to approve a change to approve resolution 2019-10. The motion carried with nine members in favor (Nelson, O’Neill, Ruge, Maurer, Monter, Rainforth, Rubio, Hendricksen and Randone) and no members 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 Sample Motion If Council wishes to approve the designation of this property as blighted and substandard, an action required if Tax Increment Financing is to be used for the redevelopment of properties in this area, a motion should be made to approve the Substandard and Blight Designation for Redevelopment Area No. 29 in Grand Island, Hall County, Nebraska finding the information in the study to be factual and supporting such designation. A resolution authorizing the approval of this study has been prepared for Council consideration. Grand Island Council Session - 6/25/2019 Page 50 / 230 City of Grand Island, NE Blight and Substandard Study Area #29 March 2019 Grand Island Council Session - 6/25/2019 Page 51 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 1 PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. Station 31, LLC commissioned the study to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, look at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for the formulation of a workable program; disaster assistance; effect. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which Grand Island Council Session - 6/25/2019 Page 52 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 2 endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is Blighted and Substandard Area 28. The Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions are existing within the City’s jurisdiction and as allowed under Chapter 18. Through this process, the City and property owners will attempt to address economic and/or social liabilities which are harmful to the well-being of the entire community. Grand Island Council Session - 6/25/2019 Page 53 / 230 £¤281 W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKA AREA 29 BLIGHT STUDYSTUDY AREA MAP PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 02.18.2019 0 150 30075Feet 1 " = 150 feet ¯ LEGEND Blight Study Area FIGURE 1 Grand Island Council Session - 6/25/2019 Page 54 / 230 £¤281 W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYEXISTING LAND USE MAP PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 02.18.2019 0 150 30075Feet 1 " = 150 feet ¯ LEGEND FIGURE 2 Existing Land Use Agricultural Single Family Residential Commercial Vacant Transportation Blight Study Area Grand Island Council Session - 6/25/2019 Page 55 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 5 Figure 1 shows the study area of this report. A Redevelopment Plan to be submitted in the future containing, by law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities, and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. Through the redevelopment process, the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area include agricultural, residential, and commercial uses. The study area is bounded on the west by US Highway 281. Through the redevelopment process the developer and City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Study Area Entire NW1/4 NW1/4 of 8-10-9 excluding the tract referred to as Washington TWP PT NW 1/4 NW 1/4 327' X 539' 8-10-9 4.05 AC and 2.27 AC dedicated to highway right-of-way; plus, the corresponding right-of-way along Wildwood Drive West. EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts that either benefit or detract from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. Grand Island Council Session - 6/25/2019 Page 56 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 6 Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compare the all land uses to the total area within the Study Area. The Study Area is predominately undeveloped, including agricultural ground (needing to be annexed). Residential ground made up 21.0% of the developed area and 3.2% of the total study area. However, vacant/agricultural land made up 85.0% of the total study area. Transportation related uses were 16.2% of the developed area and 2.4% of the total study area. TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2019 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 1.05 21.0%3.2% Single-family 1.05 21.0%3.2% Multi-family 0 0.0%0.0% Manufactured Housing 0 0.0%0.0% Commercial 3.13 62.7%9.4% Industrial 0.00 0.0%0.0% Quasi-Public/Public 0 0.0%0.0% Parks/Recreation 0 0.0%0.0% Transportation 0.81 16.2%2.4% Total Developed Land 4.99 100.0% Vacant/Agriculture 28.19 85.0% Total Area 33.18 100.0% Source: 2019 Grand Island Blight Study Area 29, Marvin Planning Consultants Grand Island Council Session - 6/25/2019 Page 57 / 230 281 W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYSTRUCTURECONDITIONS MAP PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019 0 150 30075Feet 1 " = 150 feet LEGEND FIGURE 3 Blight Study Area Structure Condition Average Grand Island Council Session - 6/25/2019 Page 58 / 230 CITY OF GRAND ISLAND, NEBRASKA AREA 29 BLIGHT STUDYSIDEWALK CONDITION MAP PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019 0 150 30075Feet 1 " = 150 feet LEGEND FIGURE 4 Sidewalk Conditions Missing Blight Study Area Grand Island Council Session - 6/25/2019 Page 59 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 9 FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the Eligibility Report examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There are a number of conditions that were examined and evaluated in the field and online. There are a number of conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are present, others are not. Structural Conditions Where structural conditions were evaluated, structures were either rated as: Good, Average, Fair, or badly worn. The data and rating system come from the Hall County Assessor’s database and is the same database used to value properties in the area. There is a total of three structures located in the study area. Based upon the data, the following is the breakdown for structures in the study area: • 0 (0.0%) structures rated as good • 3 (100.0%) structures rated as average • 0 (0.0%) structure rated as badly worn • 0 (0.0%) Based upon these data, an assumption has been made that average condition and less would constitute less than desirable conditions due to age and conditions. It is common that that older a structure gets the more maintenance and upkeep are required in order to maintain a good or higher condition. Even an average structure will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Sidewalk Conditions The sidewalk conditions were analyzed in the Study Area. The sidewalks are rated on four categories; adequate, deteriorating, dilapidating, and missing completely. Within the study area there is approximately 1,790 lineal feet of sidewalk possible along Wildwood Drive West. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area: • 0 (0.0%) lineal feet of good sidewalk • 0 (0.0%) lineal feet of adequate sidewalk • 0 (0.0%) lineal feet of deteriorating sidewalk • 1,790 (100%) lineal feet of no sidewalk. Overall, there is no sidewalk in the study area; plus, sidewalk to is not anywhere within the surrounding area. Grand Island Council Session - 6/25/2019 Page 60 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 10 Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions would be a direct contributing factor. Curb and Gutter Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary functions is to be a barrier to collect and direct water to be drained away. On a secondary level, they can help define where the streets start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area were examined similarily to sidewalks. Curb and gutter are graded as either adequate, deteriorating, dilapidated, or missing. Within the study area there is approximately 1,790 lineal feet of curb and gutter possible. After reviewing the conditions in the field, no curb and gutter was found. The drainage system in place is referred to rural section. Rural section is considered adequate in some rural applications but not typically in more urban settings. • 0 (0.0%) lineal feet of good curb and gutter • 0 (0.0%) lineal feet of adequate curb and gutter • 0 (0.0%) lineal feet of deteriorating curb and gutter • 1,790 (100.0%) lineal feet of no curb and gutter or rural section. In total, 100.0% of drainage was rural section and there is no curb and gutters present. Due to the large amount of rural section drainage and a lack of curb and gutter, this would be a direct contributing factor. Improper Platting or Obsolete Platting The area has actually had minimal platting in the past. Two of the three tracts, the residential tract and the larger agricultural tract do not have right-of-way platted along Wildwood Drive West. Therefore, only ½ of the required right-of-way is present along the north edge of the study area. Figure 5 Improper Platting or Obsolete Platting Source: Marvin Planning Consultants, 2019 Based upon the review of the plat of the area, there are sufficient elements present to meet the definition of improper platting or obsolete platting within the Study Area. Grand Island Council Session - 6/25/2019 Page 61 / 230 CITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYCURB & GUTTERCONDITION MAP PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019 0 150 30075Feet 1 " = 150 feet LEGEND FIGURE 6 Curb & Gutter Conditions Missing Blight Study Area Grand Island Council Session - 6/25/2019 Page 62 / 230 281 W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYSTRUCTURE AGE MAP PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019 0 150 30075Feet 1 " = 150 feet LEGEND FIGURE 7 Blight Study Area Structure Age Less than 40 Years 40 Years or Older Grand Island Council Session - 6/25/2019 Page 63 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 13 TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2019 Year Built Number of Structures Age Cumulative Age 1950 1 68 68 1972 1 47 115 1993 1 26 141 Totals 3 141 141 Average Age/Structure 47.0 years Source: Hall County Assessor’s Office/MPC 2019 Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Table 2 indicates the cumulative approach to average age. Based upon Table 2, there are three primary structures which have a cumulative age of 141 years, or an average of 47.0 years. Within the study area there is a total of three primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined: • 2 (66.7%) units were determined to be 40 years of age or older • 1(33.3%) units were determined to be less than 40 years in age The age of the structures would be a direct contributing factor. Criteria under Part A of the Blight Definition • Substantial number of deteriorating structures o Within the study are 100.0% of the structures were deemed to be in either average, badly worn or worn out condition. • Deterioration of site or other improvements o There is no public sidewalk in the study area. o 100.0% of the area is rural section (drainage ditches and no curb and gutter) o Several properties in the study area have deteriorating parking lots, and/or deteriorating driveways. • Improper Subdivision or Obsolete Platting o Two of the three properties still extend to the northside of Wildwood Drive West and the roadway is within an easement versus being dedicated right-of-way. Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years o 2 (66.7%) buildings or improvements were determined to be 40 years of age or older o 1 (33.3%) buildings or improvements were determined to be less than 40 years of age o The average age based upon a cumulative age calculation is 47.0 years. The other criteria for Blight were not present in the area • Dangerous conditions to life or property due to fire or other causes • Diversity of Ownership • Unsanitary / Unsafe conditions • Combination of factors which are impairing and/or arresting sound growth • Defective/Inadequate street layouts, • Faulty lot layout, • Defective or unusual condition of title, Grand Island Council Session - 6/25/2019 Page 64 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 14 • Economic or social liability detrimental to health, safety and welfare, • Conditions provision of housing accommodations, • One-half of unimproved property is over 40 years old, • Inadequate provisions for ventilation, light, air, open spaces or sanitation These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Grand Island Council Session - 6/25/2019 Page 65 / 230 Blight and Substandard Study City of Grand Island, Nebraska • March 2019 Page 15 SSuubbssttaannddaarrdd CCoonnddiittiioonnss Average age of the residential or commercial units in the area is at least forty years Average age of residential and commercial units can be a contributing factor to the substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the average age of residential and commercial units within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Table 3 indicates the cumulative approach to average age. Based upon Table 3, there are three primary structures which have a cumulative age of 141 years, or an average of 47.0 years. TABLE 3: AVERAGE STRUCTURAL AGE, BY METHOD - 2019 Year Built Number of Structures Age Cumulative Age 1950 1 68 68 1972 1 47 115 1993 1 16 131 Totals 3 141 141 Average Age/Structure 47.0 years Source: Hall County Assessor’s Office/MPC 2019 Within the study area there is a total of three primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined: • 2 (66.7%) units were determined to be 40 years of age or older • 1(33.3%) units were determined to be less than 40 years in age The age of the structures would be a direct contributing factor. SSuubbssttaannddaarrdd SSuummmmaarryy Nebraska State Statute requires “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion with the average age of the residential and commercial units being more than 40 years of age. In addition, the area meets the criteria for the existence of conditions which endanger life or property by fire and other causes. FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##2299 Blight Study Area #29 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Criteria under Part A of the Blight Definition • Substantial number of deteriorating structures • Deterioration of site or other improvements • Improper Subdivision or Obsolete Platting Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years Substandard Conditions • Average age of the structures in the area is at least forty years. Grand Island Council Session - 6/25/2019 Page 66 / 230 Grand Island Council Session - 6/25/2019 Page 67 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item E-4 Public Hearing on Amendments to the Grand Island City Code Section 36-70 Heavy Business Zone and Section 36-102 Landscaping Requirements and Heavy Business Zone Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 6/25/2019 Page 68 / 230 Council Agenda Memo From: Regional Planning Commission Meeting: June 25, 2019 Subject: Proposed Changes to Section 36-70 (B-3) Heavy Business Zone relative to the required setbacks Section 36-102 Landscaping Requirements relative to the R-3SL Medium Density Small Lot Zone, B-3 Heavy Business Zone and additions and enlargements of existing improvements in any zoning district. Presenter(s): Chad Nabity, AICP Planning Director Background The Railside Business Improvement District board has requested that the Planning Commission and City Council consider changes to the B3 zoning district setbacks. Their proposal is to reduce the front and street yard setbacks to 0 feet allowing for development at the property line in a manner consistent with the traditional building setbacks for downtown Grand Island. This will require changes to the landscaping regulations that require a setback in the B3 zoning district to allow for landscaping. Along with these changes requested by the Railside Board, staff is suggesting changes to the landscaping regulations that would add the R-3SL Medium Density Small Lot residential zone to the landscaping regulations. The final proposed change would update the requirements for additional landscaping when a property owner is making minimal expansions to the parking or building area on their property. Discussion The B3 setbacks were increase from 0 feet to 10 feet to become consistent with the landscaping regulations with the adoption of the zoning regulations in 2004. Development of some buildings in the Downtown area has shown that it may be beneficial to the look and feel of downtown to allow development that is more traditional. When the R3-SL Zoning district was added to the regulations there were no changes made to the landscaping sections. The proposed changes would treat the R-3SL district the same as the R3 district. Grand Island Council Session - 6/25/2019 Page 69 / 230 In 2018 the Grand Island Board of Adjustment met and granted a variance allowing a business on 2nd Street to install an addition to the their hard surfaced parking without landscaping the area of the addition. The Board of Adjustment found that the additional landscaping would not impact the look of the area and that not placing landscaping once the addition was completed allowed for it to be consistent with the existing development on the property. Based on that decision staff is suggesting that in cases where the addition to the building or hard surfaced parking is equal to or less than 25% of the street frontage that the regulations be waived. In many cases, the improvements, if required are not maintained by the owners, which in return diminishes the aesthetics of the property and the surrounding area. §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Parking Lots (15) Preschools, nursery schools, day care centers, children's homes, and similar facilities (16) Public parks and recreational areas (17) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (18) Public and quasi-public buildings for cultural use (19) Radio and television stations (no antennae), private clubs and meeting halls (20) Railway right-of-way but not including railway yards or facilities (21) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area (22) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (24) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (26) Other uses as indicated in the Zoning Matrix [Attachment A hereto] Grand Island Council Session - 6/25/2019 Page 70 / 230 (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair; subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building. The facility shall meet or exceed all building and fire code requirements. (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 10 01 02 10 100% Conditional Uses 3,000 30 10 01 02 10 100% 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordnance No. 9166, effective 5-13-2008 Grand Island Council Session - 6/25/2019 Page 71 / 230 §36-102. Landscaping Requirements (A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and neighborhoods within the city. (B) Applicability: (1) The provisions of this section shall apply to the following zones: Medium Density Residential Zone, Medium Density Small Lot Residential Zone, High Density Residential Zone, Residential Office Zone, Light Business Zone, General Business Zone, Arterial Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light Manufacturing Zone, Heavy Manufacturing Zone, Commercial Development Zone, Residential Development Zone and Travel Development Zone. Landscaping of lands within districts such as the Central Business District and Fourth Street Business District, as defined in this code, shall be subject to Streetscape Improvement Projects where applicable. In the absence of such projects, the provisions of this section shall apply. (2) The provisions of this section shall apply to the Airport Overlay Zone with the exception that three shrubs may be substituted for each required shade or ornamental tree to conform to standards of wildlife management required near an airport. (3) The provisions of this section shall apply to all new development, including surface parking, on each lot or site upon application for a building permit, except as follows: (a) Reconstruction or replacement of a lawfully existing use or structure. (b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially change the location or building footprint of existing structures, or the location and design of parking facilities or other site improvements. However, additions or enlargements of existing uses or structures, which increase floor area or impervious coverage by more than 25% adjacent to the existing street frontage, shall be subject to the provisions of this section, which shall only apply to that portion of the lot or site where the new development or use occurs. (c) Residential structures containing three dwelling units on a single lot, or less shall be exempt from the requirements of this section. (4) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements of this section, unless suitable substitutions are made which meet the requirements of this section, pursuant to a site plan approved by the city. (5) Any conflict between this section and another section of this chapter shall be resolved in favor of the more restrictive provision. (C) Nonconforming Status: Any property or use of property, which as of August 1, 2004 or any amendment hereto is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping were conforming. (D) Definitions: The following definitions shall be used for terms contained within this section: Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land uses or properties from one another. Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch at the time of planting. One canopy tree equals two understory/ornamental or evergreen trees. Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2 gallon container size or bare root/ball equivalent at the time of planting. Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material, including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials (this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental grasses may be planted and left in their natural state in selective and limited locations, deemed appropriate by the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within landscaped areas, provided that such materials comprise no Grand Island Council Session - 6/25/2019 Page 72 / 230 more than 35 percent of the required landscaped area. Flat concrete or asphalt, other than walkways five feet or less in width, may not be used within a required landscaped area. Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard. Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a maximum mature height of less than 10 feet. Street yard: (1) The area of a lot or parcel which lies between any street property line and the fronting walls of any building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front wall of the building, excluding minor projections or indentations such as steps or unenclosed porches. For the purposes of defining the street yard area, the front wall shall be extended from the outermost corners of the building, parallel with the fronting street, until intersecting with the side property line [see Attachment B hereto]. Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum equivalent street landscaping area requirement. (2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the length of such frontage, but in no case more than 100 feet, shall be considered an extension of the continuous building front wall for the purpose of delineating the street yard. Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height of 30 feet and a minimum caliper of 2 inch at the time of planting. (E) Street Yard Landscaping Standards: (1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as set forth below, in accordance with an approved site landscaping plan. (2) Minimum equivalent street landscaping area: (Minimum Equivalent Street Landscaping Area Zoning District Percent of Street Yard (%) Minimum Landscaping Depth of Street Yard*** (ft.) R3SL 65 20 R3 65 20 R4 60 10 RO 30 10 B1 25 10 B2 20* 10* AC 20 20* B3 20 10* ME 20 20 M1 20 20 M2 20 10 M3 20 10 TD 30 30 CD ** 30 RD ** 10 or 30 *Unless otherwise established in an approved Streetscape Improvement Project. **As determined by approved plan (3) When a lot contains more than one street frontage, the area of all street yards and the proposed street yard landscaped areas may be combined for the purposes of determining compliance with this section. (4) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or an appropriate equivalent as determined by the city) for every 100 feet (any fraction of .5 or less rounded to the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line adjacent to a public street right-of-way: 1 canopy tree; 1 Grand Island Council Session - 6/25/2019 Page 73 / 230 understory/ornamental or evergreen tree; 3 shrubs. Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision. (F) Buffer Yard and Parking Landscaping Screening Standards: (1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear property line(s), when a use is established in a more intensive zoning district located adjacent to a less intensive zoning district, as set forth below: More Intensive Zoning District Required Buffer Yard Width (ft.)* Less Intensive Zoning District RO, B1, B2, AC, B3, CD, TD 10 TA, LLR, R1, R2, R3, R3SL, R4, RD ME, M1, M2, M3 20 TA, LLR, R1, R2, R3, R3SL, R4, RO, RD, CD, TD, B1, B2, B2, AC, B3 *When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer yard width shall be halved. (2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points, truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to the property line than the width of the required buffer yard. (3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement. (4) A parking landscaping screening strip, having a Minimum Landscaping Depth of Street Yard as identified above, shall be installed along any parking area adjacent to a public street right-of- way. No parking area shall contain more than 100 spaces except as allowed within these regulations. If a greater number of parking spaces is required, separate parking areas shall be provided, and shall be separated from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking landscaping screening strip shall also count towards meeting any requirements associated with minimum equivalent street or buffer yard landscaping. Alternate plans for parking lots with more than 500 spaces may submitted for approval by a committee comprised of the Planning Director, Building Department Director and Public Works Director with recommendations from other appropriate city staff. The Committee shall establish criteria for the review and approval of larger parking lots based on but not limited to the following areas of concern: overall area and types of landscaping provided shall not be less than would be required under the conventional regulations, provision for storm water management and filtering using best available practices, provisions for adequate lighting, fire protection and security throughout the lot, provisions for pedestrian access through and around the lot, and provisions for pedestrian access to the site requiring said parking lot. (5) A development may continue to comply with the buffer yard landscaping requirements in effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned to a less restrictive zoning district which requires additional buffer yard landscaping. (G) Site Plan Requirements: (1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall be submitted to the city for review and approval as part of the application for a building permit. The plan shall include, but not be limited to the following: (a) Location of proposed landscaping drawn to scale. (b) Location, size, type and condition of proposed plant and non-plant landscaping materials including fences, walks, ponds, fountains, benches, lighting and irrigation systems. (c) Estimated date of completion of the installation of all plantings and finishing materials. Grand Island Council Session - 6/25/2019 Page 74 / 230 (H) Installation and Maintenance Requirements: (1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas, weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary, and the regular watering of all plantings. (2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for buildings on the property, or commencement of the intended use of the property. (3) If, at the time of commencement of the intended use of the property or application for a certificate of occupancy, any required landscaping has not been installed or completed due to seasonal or climatic conditions or plant material being unavailable, the developer or owner of the property shall submit the following to the Building Department: (a) A request for extension of the proposed completion date for installation of the required landscaping, stating the reason for the request, the property owner's current mailing address, and a commitment to complete the installation of the landscaping by a date certain, not to exceed six months from the building completion date. (b) A drawing showing the plan and layout of the landscaping areas. (c) A cost estimate for the installation of the landscaping area. (d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to complete installation of the required landscaping and payable to the City of Grand Island in the event that the developer fails to carry out the commitments described in sub-paragraph (a) above. (4) Upon approval of the foregoing request for extension of time to complete the landscaping installation, the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter authorizing commencement of use of the property by the Building Department. The owner or developer shall complete the installation of the landscaping in accordance with the commitments made pursuant to sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or other security submitted by the owner or developer. (5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its officers, employees, agents or representatives permission to enter upon the property to install the required landscaping in accordance with the plan submitted pursuant to sub-paragraph (c) above using the surety or security filed by the owner or developer as payment for said installation. The Building Department shall send the owner or developer written notice of default and intention to enter onto the property to install required landscaping by certified mail, return receipt requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5) business days prior to making such entry. Amended by Ordinance No. 9256, effective 04-07-2010 Amended by Ordinance No. 9419, effective 02-15-2013 Amended by Ordinance No. 9422, effective 04-02-2013 From the June 3rd Regional Planning Commission Meeting Minutes: O’Neill opened the public meeting Nabity explained the request from the Railside board regarding changing the front yard setback from 10 foot to 0 feet, along with the proposed changes to the Landscaping regulations necessary to accommodate this change. The addition of the R3-SL district should have been done with the adoption of that district and this will clean that up. The changes for additions and required landscaping were Grand Island Council Session - 6/25/2019 Page 75 / 230 suggested after the Grand Island Board of Adjustment granted a variance to a car lot on 2nd Street that was increasing their hard surfaced parking by 25%. The board of adjustment made the determination that adding landscaping to just this portion of the property would constitute a hardship and that the owners should be able to proceed without adding the landscaping. This change will make the regulation consistent with their ruling. O’Neill closed the public meeting A motion was made by Ruge and second by Nelson to approve . The motion was carried with nine members in favor (Nelson, O’Neill, Ruge, Maurer, Monter, Rainforth, Rubio, Hendricksen, and Randone) no members 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 Recommendation City Administration recommends that the Council approve the proposed changes as presented. Sample Motion Motion to approve as recommended. Grand Island Council Session - 6/25/2019 Page 76 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item F-1 #9738 - Consideration of Approving Amendments to the Grand Island City Code Section 36-70 Heavy Business Zone and Section 36-102 Landscaping Requirements and Heavy Business Zone This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 6/25/2019 Page 77 / 230 Approved as to Form ¤ ___________ June 19, 2019 ¤ City Attorney ORDINANCE NO. 9738 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-7 (B-3) Heavy Business Zone and Section 36-102 Landscaping Requirements; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 36-70 and 36-102 of the Grand Island City Code is hereby amended to read as follows: §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Parking Lots (15) Preschools, nursery schools, day care centers, children's homes, and similar facilities (16) Public parks and recreational areas (17) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (18) Public and quasi-public buildings for cultural use (19) Radio and television stations (no antennae), private clubs and meeting halls (20) Railway right-of-way but not including railway yards or facilities (21) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area (22) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises Grand Island Council Session - 6/25/2019 Page 78 / 230 ORDINANCE NO. 9738 (Cont.) 2 (24) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (26) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair; subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building. The facility shall meet or exceed all building and fire code requirements. (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 10 01 02 10 100% Conditional Uses 3,000 30 10 01 02 10 100% 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordnance No. 9166, effective 5-13-2008 §36-102. Landscaping Requirements (A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and neighborhoods within the city. (B) Applicability: (1) The provisions of this section shall apply to the following zones: Medium Density Residential Zone, Medium Density Small Lot Residential Zone, High Density Residential Zone, Residential Office Zone, Light Business Zone, General Business Zone, Arterial Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light Manufacturing Zone, Heavy Manufacturing Zone, Commercial Development Zone, Residential Grand Island Council Session - 6/25/2019 Page 79 / 230 ORDINANCE NO. 9738 (Cont.) 3 Development Zone and Travel Development Zone. Landscaping of lands within districts such as the Central Business District and Fourth Street Business District, as defined in this code, shall be subject to Streetscape Improvement Projects where applicable. In the absence of such projects, the provisions of this section shall apply. (2) The provisions of this section shall apply to the Airport Overlay Zone with the exception that three shrubs may be substituted for each required shade or ornamental tree to conform to standards of wildlife management required near an airport. (3) The provisions of this section shall apply to all new development, including surface parking, on each lot or site upon application for a building permit, except as follows: (a) Reconstruction or replacement of a lawfully existing use or structure. (b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially change the location or building footprint of existing structures, or the location and design of parking facilities or other site improvements. However, additions or enlargements of existing uses or structures, which increase floor area or impervious coverage by more than 25% adjacent to the existing street frontage, shall be subject to the provisions of this section, which shall only apply to that portion of the lot or site where the new development or use occurs. (c) Residential structures containing three dwelling units on a single lot, or less shall be exempt from the requirements of this section. (4) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements of this section, unless suitable substitutions are made which meet the requirements of this section, pursuant to a site plan approved by the city. (5) Any conflict between this section and another section of this chapter shall be resolved in favor of the more restrictive provision. (C) Nonconforming Status: Any property or use of property, which as of August 1, 2004 or any amendment hereto is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping were conforming. (D) Definitions: The following definitions shall be used for terms contained within this section: Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land uses or properties from one another. Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch at the time of planting. One canopy tree equals two understory/ornamental or evergreen trees. Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2 gallon container size or bare root/ball equivalent at the time of planting. Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material, including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials (this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental grasses may be planted and left in their natural state in selective and limited locations, deemed appropriate by the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within landscaped areas, provided that such materials comprise no more than 35 percent of the required landscaped area. Flat concrete or asphalt, other than walkways five feet or less in width, may not be used within a required landscaped area. Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard. Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a maximum mature height of less than 10 feet. Street yard: (1) The area of a lot or parcel which lies between any street property line and the fronting walls of any building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front wall of the building, excluding minor projections or indentations such as steps or unenclosed porches. For the purposes of defining the street yard area, the front wall shall be extended from the outermost corners of the building, parallel with the fronting street, until intersecting with the side property line [see Attachment B hereto]. Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum equivalent street landscaping area requirement. (2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the length of such frontage, but in no case more than 100 feet, shall be considered an extension of the continuous building front wall for the purpose of delineating the street yard. Grand Island Council Session - 6/25/2019 Page 80 / 230 ORDINANCE NO. 9738 (Cont.) 4 Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height of 30 feet and a minimum caliper of 2 inch at the time of planting. (E) Street Yard Landscaping Standards: (1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as set forth below, in accordance with an approved site landscaping plan. (2) Minimum equivalent street landscaping area: (Minimum Equivalent Street Landscaping Area Zoning District Percent of Street Yard (%) Minimum Landscaping Depth of Street Yard*** (ft.) R3SL 65 20 R3 65 20 R4 60 10 RO 30 10 B1 25 10 B2 20* 10* AC 20 20* B3 20 10* ME 20 20 M1 20 20 M2 20 10 M3 20 10 TD 30 30 CD ** 30 RD ** 10 or 30 *Unless otherwise established in an approved Streetscape Improvement Project. **As determined by approved plan (3) When a lot contains more than one street frontage, the area of all street yards and the proposed street yard landscaped areas may be combined for the purposes of determining compliance with this section. (4) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or an appropriate equivalent as determined by the city) for every 100 feet (any fraction of .5 or less rounded to the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line adjacent to a public street right-of-way: 1 canopy tree; 1 understory/ornamental or evergreen tree; 3 shrubs. Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision. (F) Buffer Yard and Parking Landscaping Screening Standards: (1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear property line(s), when a use is established in a more intensive zoning district located adjacent to a less intensive zoning district, as set forth below: More Intensive Zoning District Required Buffer Yard Width (ft.)* Less Intensive Zoning District RO, B1, B2, AC, B3, CD, TD 10 TA, LLR, R1, R2, R3, R3SL, R4, RD ME, M1, M2, M3 20 TA, LLR, R1, R2, R3, R3SL, R4, RO, RD, CD, TD, B1, B2, B2, AC, B3 *When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer yard width shall be halved. (2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points, truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of providing a Grand Island Council Session - 6/25/2019 Page 81 / 230 ORDINANCE NO. 9738 (Cont.) 5 substantial opaque barrier, and attaining a minimum height of 6 feet within three years of planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to the property line than the width of the required buffer yard. (3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement. (4) A parking landscaping screening strip, having a Minimum Landscaping Depth of Street Yard as identified above, shall be installed along any parking area adjacent to a public street right-of-way. No parking area shall contain more than 100 spaces except as allowed within these regulations. If a greater number of parking spaces is required, separate parking areas shall be provided, and shall be separated from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking landscaping screening strip shall also count towards meeting any requirements associated with minimum equivalent street or buffer yard landscaping. Alternate plans for parking lots with more than 500 spaces may submitted for approval by a committee comprised of the Planning Director, Building Department Director and Public Works Director with recommendations from other appropriate city staff. The Committee shall establish criteria for the review and approval of larger parking lots based on but not limited to the following areas of concern: overall area and types of landscaping provided shall not be less than would be required under the conventional regulations, provision for storm water management and filtering using best available practices, provisions for adequate lighting, fire protection and security throughout the lot, provisions for pedestrian access through and around the lot, and provisions for pedestrian access to the site requiring said parking lot. (5) A development may continue to comply with the buffer yard landscaping requirements in effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned to a less restrictive zoning district which requires additional buffer yard landscaping. (G) Site Plan Requirements: (1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall be submitted to the city for review and approval as part of the application for a building permit. The plan shall include, but not be limited to the following: (a) Location of proposed landscaping drawn to scale. (b) Location, size, type and condition of proposed plant and non-plant landscaping materials including fences, walks, ponds, fountains, benches, lighting and irrigation systems. (c) Estimated date of completion of the installation of all plantings and finishing materials. (H) Installation and Maintenance Requirements: (1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas, weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary, and the regular watering of all plantings. (2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for buildings on the property, or commencement of the intended use of the property. (3) If, at the time of commencement of the intended use of the property or application for a certificate of occupancy, any required landscaping has not been installed or completed due to seasonal or climatic conditions or plant material being unavailable, the developer or owner of the property shall submit the following to the Building Department: (a) A request for extension of the proposed completion date for installation of the required landscaping, stating the reason for the request, the property owner's current mailing address, and a commitment to complete the installation of the landscaping by a date certain, not to exceed six months from the building completion date. (b) A drawing showing the plan and layout of the landscaping areas. (c) A cost estimate for the installation of the landscaping area. (d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to complete installation of the required landscaping and payable to the City of Grand Island in the event that the developer fails to carry out the commitments described in sub-paragraph (a) above. (4) Upon approval of the foregoing request for extension of time to complete the landscaping installation, the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter authorizing commencement of use of the property by the Building Department. The owner or developer shall complete the Grand Island Council Session - 6/25/2019 Page 82 / 230 ORDINANCE NO. 9738 (Cont.) 6 installation of the landscaping in accordance with the commitments made pursuant to sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or other security submitted by the owner or developer. (5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its officers, employees, agents or representatives permission to enter upon the property to install the required landscaping in accordance with the plan submitted pursuant to sub-paragraph (c) above using the surety or security filed by the owner or developer as payment for said installation. The Building Department shall send the owner or developer written notice of default and intention to enter onto the property to install required landscaping by certified mail, return receipt requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5) business days prior to making such entry. Amended by Ordinance No. 9256, effective 04-07-2010 Amended by Ordinance No. 9419, effective 02-15-2013 Amended by Ordinance No. 9422, effective 04-02-2013 SECTION 2. Sections 36-70 and 36-102 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: June 25, 2019 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 83 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-1 Approving Minutes of June 11, 2019 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 6/25/2019 Page 84 / 230 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 11, 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 June 11, 2019. Notice of the meeting was given in The Grand Island Independent on June 5, 2019. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Michelle Fitzke, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton, Clay Schutz, Mitch Nickerson, and Chuck Haase. Councilmember Julie Hehnke was absent. The following City Officials were present: Interim City Administrator Jerry Janulewicz, City Clerk Pro Tem Aaron Schmid, Finance Director Patrick Brown, and Public Works Director John Collins. INVOCATION was given by Rev. Dr. Trudy Kenyon-Anderson, First Faith United Methodist Church, 4190 West Capitol Avenue followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Re-Adoption of the Grand Island Zoning Map. Regional Planning Director Chad Nabity reported that periodically the Grand Island zoning map was re-adopted incorporating all the changes that had been made since time it was adopted. The last time it was adopted was February 2018. All of the annexations that were currently under way would be included which were: 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, and Reif Acres Subdivision. All zoning changes adopted since the last map was adopted would be included. No public testimony was heard. 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. Economic Development Corporation President Dave Taylor, 123 North Locust Street and Chairman of the Citizens Advisory Review Committee Jeff Vinson, 1527 Stagecoach Road presented the Semi-Annual Report. No public testimony was heard. 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. Building Department Director Craig Lewis reported that a request had been received from Christopher and Kay Kotulak, DVM for a Conditional Use Permit for a Veterinary Clinic/Animal Hospital-Equine located at 5066 Ft. Kearney Road. Staff recommended approval. Chris Kotulak, 1049 10th Street, Aurora, Nebraska spoke in support. Submitted into the record was a letter from Gilbert Mattes, 5062 Fort Kearney Road against the request. No further public testimony was heard. Grand Island Council Session - 6/25/2019 Page 85 / 230 Page 2, City Council Regular Meeting, June 11, 2019 Public Hearing on Acquisition of Utility Easement - 2624 S. Locust Street - Degen Locust, LLC. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2624 S. Locust Street was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including power lines and transformers. A new electrical service had been requested for a Burger King Restaurant to be built at 2624 South Locust Street. A new three- phase padmount transformer would be installed in the southwest corner of this property to accommodate the new service. The proposed easement would allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 2116 W. Faidley Avenue - St. Francis Medical Center. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2116 W. Faidley Avenue was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including water lines. As part of Water Main Project 2019- W-2, the City of Grand Island would 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 would allow the Utilities Department to install, access, operate and maintain the water infrastructure at this location. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9736 - Consideration of Re-Adopting the Grand Island Zoning Map #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.) 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. #9736 - Consideration of Re-Adopting the Grand Island Zoning Map This item was related to the aforementioned Public Hearing. Motion by Stelk, second by Paulick to approve Ordinance #9736. City Clerk Pro Tem: Ordinance #9736 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. Grand Island Council Session - 6/25/2019 Page 86 / 230 Page 3, City Council Regular Meeting, June 11, 2019 City Clerk Pro Tem: Ordinance #9736 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 first reading and then upon second and final readings, Ordinance #9736 is declared to be lawfully adopted upon publication as required by law. #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.) Regional Planning Director Chad Nabity reported that Starostka Contracting LLC was proposing to purchase property from L & P Investments located in northeast Grand Island for the development of residential lots. They were requesting that the zoning on property be changed from M2 Heavy Manufacturing to R-3SL Medium Density Small Lot Residential. Their intent was to develop 20 residential lots on the property, extending 5th Street between Congdon Avenue and Willow Street. Staff recommended approval. Motion by Haase, second by Fitzke to approve Ordinance #9737. City Clerk Pro Tem: Ordinance #9737 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 Pro Tem: Ordinance #9737 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 first reading and then upon second and final readings, Ordinance #9737 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-5 (Resolution #2019-185) was pulled for further discussion. Motion by Minton, second by Jones to approve the Consent Agenda excluding item G-5. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 28, 2019 City Council Regular Meeting. #2019-182 - Approving Final Plat and Subdivision Agreement for Fifth Street Subdivision. It was noted that L & P Investments, LLC, owners, had submitted the Final Plat and Subdivision Agreement for Fifth Street Subdivision located between Willow Street and Congdon Avenue north of 4th Street for the purpose of creating 20 lots on 3.305 acres. #2019-183 - Approving Acquisition of Utility Easement - 2624 S. Locust Street - Degen Locust, LLC. Grand Island Council Session - 6/25/2019 Page 87 / 230 Page 4, City Council Regular Meeting, June 11, 2019 #2019-184 - Approving Acquisition of Utility Easement - 2116 W. Faidley Avenue - St. Francis Medical Center. #2019-185 - Approving Request to Hire One Additional FTE Police Officer for the Police Department to Cover Attrition. Police Chief Robert Falldorf reported that the request was to add one additional Police Officer to go above the current 85 FTE’s allowed in the current budget. Discussion was held regarding officers on light duty, in training, and hiring practices. Motion by Nickerson, second by Stelk to approve Resolution #2019-185. Upon roll call vote, all voted aye. Motion adopted. #2019-186- Approving Bid Award for Annual Supply of Road Deicing Salt 2019-2020 with Black Strap, Inc. of Neligh, Nebraska in an Amount of $52.90 per ton and Nebraska Salt & Grain Co. of Gothenburg, Nebraska in an Amount of $54.70 per ton. #2019-187- Approving Bid Award for Sanitary Sewer District No. 543; Willow Street with Starostka Group Unlimited, Inc. of Grand Island, Nebraska in an Amount of $402,798.85. #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 with Cross Dillon Tire, Inc. of Lincoln, Nebraska in an Amount of $20,049.25. #2019-189 - Approving Change Order No. 4 for Lift Station No. 11 Relocation– 2018; Project No. 2018-S-1 with Midlands Contracting, Inc. of Kearney, Nebraska to extend the completion date from August 12, 2019 to December 1, 2019. #2019-190 - Approving Certificate of Final Completion for Sanitary Sewer Manhole Flow Monitoring/ Rehabilitation; Project No. 2018-WWTP-2 with The Diamond Engineering Company of Grand Island, Nebraska. REQUESTS AND REFERRALS: 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 was related to the aforementioned Public Hearing. Staff recommended approval. Motion by Haase, second by Minton to approve with staff recommended conditions. Upon roll call vote, all vote aye. Motion adopted. RESOLUTIONS: #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 was related to the aforementioned Public Hearing. Staff recommended approval. Motion by Minton, second by Nickerson to approve Resolution #2019-191. Upon roll call vote, all vote aye. Motion adopted. Grand Island Council Session - 6/25/2019 Page 88 / 230 Page 5, City Council Regular Meeting, June 11, 2019 #2019-192 - Consideration of Approving Economic Development Incentive Agreement with Zabuni Specialty Coffee Auction/Sycamore Investments, LLC. Citizens Review Advisory Committee Chairman Jeff Vinson reported the committee had reviewed and approved the application for Zabuni Specialty Coffee Auction/Sycamore Investments, LLC. Economic Development Corporation President Dave Taylor reported that Zabuni Specialty Coffee Auction/Sycamore Investments, LLC had submitted the required LB-840 application for a forgivable loan in the amount of $100,000.00. Proposed was the creation of 10 new jobs with an hourly wage of $18.00. Requested was $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. Laban Njuguna, 1303 N Street spoke in support. Motion by Minton, second by Nickerson to approve Resolution #2019-192. Upon roll call vote, all vote aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Paulick to approve the payment of claims for the period of May 29, 2019 through June 11, 2019 for a total amount of $4,603,995.18. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:18 p.m. Aaron Schmid City Clerk Pro Tem Grand Island Council Session - 6/25/2019 Page 89 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-2 Receipt of Official Document – Tort Claim filed by Jodi and Alfredo Lopez on behalf of their Minor Child, Antonio Lopez Staff Contact: RaNae Edwards Grand Island Council Session - 6/25/2019 Page 90 / 230 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:June 25, 2019 Subject:Receipt of Official Document – Tort Claim filed by Jodi and Alfredo Lopez on behalf of their minor child, Antonio Lopez Presenter(s):Jerry Janulewicz, City Attorney Background The City of Grand Island has received a Notice of Tort Claim from Jodi Lopez and Alfredo Lopez on behalf of their minor child, Antonio Lopez alleging certain claims in connection with an incident in which the claimant alleges he was injured in a collision by a vehicle being pursued by the Grand Island Police Department which occurred on June 17, 2018. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Jodi Lopez and Alfred Lopez on behalf of their minor child, Antonio Lopez is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney’s office, and we will provide you with the information which we have in connection with the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Grand Island Council Session - 6/25/2019 Page 91 / 230 Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the tort Claim filed by Jodi and Alfredo Lopez on behalf of their minor child, Antonio Lopez. Grand Island Council Session - 6/25/2019 Page 92 / 230 Grand Island Council Session - 6/25/2019 Page 93 / 230 Grand Island Council Session - 6/25/2019 Page 94 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-3 Approving Re-Appointment of Kirk Ramsey and the Appointment of Tanya Hansen to the Occupation Tax Oversight Committee (Food & Beverage) Mayor Steele has submitted the re-appointment of Kirk Ramsey and the appointment of Tanya Hansen to replace Lisa Willman to the Occupation Tax Oversight Committee (Food & Beverage). The appointments would become effective July 1, 2019 upon approval by the City Council and would expire on June 30, 2023. Staff Contact: Mayor Roger Steele Grand Island Council Session - 6/25/2019 Page 95 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-4 #2019-193 - Approving Acquisition of Utility Easements - 1308 and 1316 Carol Street - Rhoads Enterprises, Inc. This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/25/2019 Page 96 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-193 WHEREAS, a public utility easement is required by the City of Grand Island from Rhoads Enterprises, Inc, 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 25, 2019, for the purpose of discussing the proposed acquisition of utility easements located through a part of Lot One (1), a part of and Lot Three (3), Rhoads Second Subdivision, in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT 1 Commencing at the Southwest corner of Lot Two (2), Rhoads Second Subdivision in the City of Grand Island, Hall County, Nebraska; thence northerly along the westerly line of said Lot Two (2), a distance of five (5.0) feet to the ACTUAL Point of Beginning of Tract 1; thence westerly and parallel with the southerly line of said Lot Two (2), a distance of twenty-one and fifty- five hundredths (21.55) feet; thence northerly and parallel with the westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence easterly and parallel with the southerly line of said Lot Two (2), a distance of twenty-one and fifty-five hundredths (21.55) feet to a point on the westerly line of said Lot Two (2); thence southerly along the westerly line of said Lot Two (2), a distance of twenty (20.0) feet to the said Point of Beginning of Tract 1. TRACT 2 Commencing at the Northwest corner of Lot Four (4), Rhoads Second Subdivision, in the City of Grand Island, Hall County, Nebraska; thence southerly along the westerly line of said Lot Four (4), a distance of five (5.0) feet to the ACTUAL Point of Beginning of Tract 2; thence continuing southerly along the westerly line of said Lot Four (4), a distance of seventy-two and thirty hundredths (72.30) feet; thence southwesterly along the westerly line of said Lot Four (4), a distance of forty-nine and fifty-nine hundredths (49.59) feet to a point on the southerly line of Lot Three (3), Rhoads Second Subdivision; thence westerly along the southerly line of said Lot Three (3), a distance of ten and twenty-one hundredths (10.21) feet; thence northerly and parallel with the easterly line of said Lot Four (4), a distance of one-hundred fourteen and eighty-seven hundredths (114.87) feet; thence easterly and parallel with the northerly line of said Lot Four (4), a distance of twenty-four and thirty-seven hundredths (24.37) feet to the said Point of Beginning of Tract 2. The above-described easement and right-of-way containing a combined total of .066 acres more or less as shown on the plat dated 5/28/2019, marked Exhibit "A", attached hereto and incorporated herein by reference. Grand Island Council Session - 6/25/2019 Page 97 / 230 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easements from Rhoads Enterprises, Inc., on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. ________________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 98 / 230 Grand Island Council Session - 6/25/2019 Page 99 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-5 #2019-194 - Approving Change Order #1 - Boiler Chemical Cleaning at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/25/2019 Page 100 / 230 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:June 25, 2019 Subject:Change Order #1 - Boiler Chemical Cleaning Presenter(s):Timothy G. Luchsinger, Utilities Director The main boiler at the Platte Generating Station produces 750,000 pounds per hour of steam for production of electricity. Over time, deposits build up on the interior of the boiler tubes. The deposits are made up of iron and copper compounds along with some chemicals from the routine water treatment. The deposits in the PGS boiler had reached a point where they needed to be cleaned out to avoid future damage to the boiler. Removal of the deposits required a chemical cleaning, generally consisting of circulating specialized cleaning chemicals through the boiler. The specification was issued for bid and the contract was awarded by Council to the low responsive bidder, HydroChemPSC, for $307,346.99 on February 12, 2019, per Resolution 2019-47. Discussion Additional chemicals beyond the base bid scope were required to remove the boiler deposits from the boiler tubing. Also, the disposal facility in Nebraska used for the base bid could not take the levels of ammonia present in the waste; therefore the waste had to be shipped to a facility in Texas, which resulted in extra costs associated with the delays in disposal and a higher cost of disposal. HydroChemPSC performed the additional work, which was not part of the original scope, at an additional cost of $36,921.00 plus the change in taxes for a total increased contract cost of $38,384.16. HydroChemPSC had all of the manpower and equipment on site to perform the additional work. This additional cost was based on unit pricing for services included in the original bid documents in the event of the addition or deletion of work scope by the contractor. Grand Island Council Session - 6/25/2019 Page 101 / 230 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 with HydroChemPSC for the Boiler Chemical Cleaning for an addition to the contract price of $38,384.16 for a total contract price of $345,731.15. Sample Motion Move to approve Change Order #1 from HydroChemPSC in the amount of $38,384.16 for the Boiler Chemical Cleaning at Platte Generating Station. Grand Island Council Session - 6/25/2019 Page 102 / 230 Grand Island Council Session - 6/25/2019 Page 103 / 230 Grand Island Council Session - 6/25/2019 Page 104 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-194 WHEREAS, at the February 12, 2019 meeting, Council awarded the contract for Boiler Chemical Cleaning to HydroChemPSC of Crossville, Illinois in the amount of $307,346.99; and WHEREAS, additional chemicals beyond the base bid scope were required to remove the boiler deposits from the boiler tubing; and WHEREAS, the disposal facility in Nebraska used for the base bid could not take the levels of ammonia present in the waste and the waste had to be shipped to a facility in Texas; and WHEREAS, the combination of the extra cleaning and the shipping of the waste to Texas resulted in a higher cost to complete the cleaning in the amount of $38,384.16, for a total cost of $345,731.15. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 in the amount of $38,384.16 for the Boiler Chemical Cleaning is approved and the Mayor is hereby authorized to sign the Change Order on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 105 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-6 #2019-195 - Approving Amendment No. 1 for Professional Engineering Consulting Services for Broadwell Avenue & UPRR Grade Separation Study Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/25/2019 Page 106 / 230 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 25, 2019 Subject:Approving Amendment No. 1 for Professional Engineering Consulting Services for Broadwell Avenue & UPRR Grade Separation Study Presenter(s):John Collins PE, Public Works Director Background Continuing to explore ways to accommodate the growing traffic within the city, Public Works Engineering staff plans to complete a feasibility study for a grade separation structure with the UPRR to be located at or around the existing Broadwell Avenue crossing north of 3rd Street. This study is necessary for the city to submit to the Nebraska Department of Transportation (NDOT) in order to secure potential federal funding for assistance in building a grade separation in this area. Without the study, additional funding sources cannot be secured. Due to the length of this process, it was decided to go ahead with this study in order to begin this process. A Concept Design Report for Broadwell Avenue Grade Separation across the UPRR Tracks was done in 2004 and will be used as the starting point for this study. On November 20, 2018, via Resolution No. 2018-350, City Council approved an agreement for engineering consulting services related to Broadwell Avenue & UPRR Grade Separation Study with HDR, Inc. of Omaha, Nebraska in the amount of $226,660.00. Discussion Since approval of the initial agreement with HDR Engineering, Inc. two (2) additional steps have been added to the project process by the Nebraska Department of Transportation. These additional steps are the Planning and Environmental Linkages Study (PEL) and Council resolution of project support. An amendment to the original agreement with HDR, Inc. is necessary to allow for an in depth environmental review, a Planning and Environmental Linkages Study (PEL) that is beyond the scope originally developed for this project. This step is necessary to secure Federal funding for this project should the City wish to proceed with it at a future date. Grand Island Council Session - 6/25/2019 Page 107 / 230 Amendment No. 1 is for an amount not to exceed $185,123.00, resulting in a revised agreement total of $411,783.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 1 to the original agreement for engineering consulting services related to Broadwell Avenue & UPRR Grade Separation Study with HDR, Inc. of Omaha, Nebraska in the amount of $185,123.00. Sample Motion Move to approve Amendment No. 1. Grand Island Council Session - 6/25/2019 Page 108 / 230 AMENDMENT TO AGREEMENT FOR PROFFESSIONAL SERVICES WHEREAS: HDR ENGINEERING, INC. ("HDR") entered into an Agreement on November 20, 2018 to perform professional services for City of Grand Island, Nebraska ("OWNER"); OWNER desires to amend this Agreement in order for HDR to perform services beyond those previously contemplated; HDR is willing to amend the agreement and perform the additional professional services. NOW, THEREFORE, HDR and OWNER do hereby agree: The Agreement and the terms and conditions therein shall remain unchanged other than those sections and exhibits listed below; Section IV shall be replaced with the following: Compensation for ENGINEER’S services under this Agreement shall be on a time and materials basis with a not to exceed amount of $411,783.00. Which includes the original contract amount of $226,660.00 plus this amendment amount of $185,123.00. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, technology charges, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add five percent (5%) to invoices received by ENGINEER from subconsultants and subcontractors to cover administrative expenses and vicarious liability. Section V shall be replaced with the following: Upon receipt of written authorization to proceed, ENGINEER shall perform the services as described in Exhibit A-1. Exhibit A shall be replaced with Exhibit A-1 Grand Island Council Session - 6/25/2019 Page 109 / 230 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written below: HDR ENGINEERING, INC. ("HDR") City of Grand Island, Nebraska ("OWNER") By:____________________________ By:_______________________________ Title: Senior Vice President Title:______________________________ Date:_________________________ Date:_____________________________ Grand Island Council Session - 6/25/2019 Page 110 / 230 Broadwell Avenue PEL Scope of Services A1-1 EXHIBIT A1 DRAFT Broadwell Avenue & UPRR Grade Separation Planning and Environmental Linkages Study Scope of Services (Amended 5/10/2019) I. Description The City of Grand Island, Nebraska (City) has selected HDR to complete a Planning and Environmental Linkages Study for a grade separation structure with the UPRR located at or around the existing Broadwell Avenue crossing north of 3rd Street. Additionally, the study will evaluate environmental resources to identify key issues that may affect alternative selection as well as identify preliminary environmental impacts. The study report shall provide, if possible, the justification of the need for the viaduct and shall include the data necessary for evaluation as required to determine if Federal funding of the grade separation project is validated. The study will incorporate Planning and Environmental Linkages (PEL) principles and will be documented as a PEL Study to provide a smooth transition into the future National Environmental Policy Act (NEPA) process. The specific work tasks for the original contract are described in detail in Section II. II. Work Tasks All deliverables noted within will be provided in electronic format (i.e. PDF, Microsoft Word, GIS, etc.) for archiving by the City of Grand Island. A. Base Mapping This task consists of the development of base mapping (aerial photos and digital terrain model) for use in concept development design and public displays. Existing data provided by the City will be utilized for the development of the base mapping. City to provide:  Aerial imagery of City  Contours of the project area; generally two blocks east and west of Broadwell Avenue from Faidley Ave to Division Street  GIS information of City owned utilities  GIS property lines A.1 Base Map Creation HDR will prepare a base map of the project area with the information provided by the City as noted above. Grand Island Council Session - 6/25/2019 Page 111 / 230 Broadwell Avenue PEL Scope of Services A1-2 A.2 Utility Mapping Utility as-builts will be requested from private utility owners in the area. Asbuilt information collected will be digitally added to the prepared base mapping. The utility mapping will be focused on the major utilities (gas, water, power). Surveying of utility features and location markings are not anticipated to be necessary for this study and are not included. B. Alternative Development This task consists of the verification, refinement, and /or development of three viaduct alternatives. The level of detail will be sufficient to determine the functional aspects of each viaduct alternative, right of way impacts, and costs. Using the base mapping developed in Task A, the following will be accomplished:  A best-fit horizontal alignment, vertical profile, and cross sections in order to determine the approximate limits of construction. Alignments will be based on the contours provided by the City.  Determine a general drainage plan for the concept  Utility conflicts – identify major utility conflicts and work with utilities to determine if a feasible relocation option exists  Determine property impacts  Determine approximate costs, including ROW The previously completed 2004 study will serve as the starting point. B.1 Concepting Workshop The City will host a half-day workshop to consider the concepts developed in the 2004 study. Additional concepts will be developed during the workshop. The previous concepts and the newly developed concepts will be briefly analyzed and screened to determine the three concepts to advance for further detailed evaluation. A portion of the workshop will include a site visit. It is assumed four HDR staff will attend the workshop. B.2 Alternative Development Given the extent of impacts, a rigorous alternative development and screening process will be used. The concept study completed in 2004 provides the starting point. The public process and NEPA process may require that other alternatives be evaluated. Effort assigned to this task assumes that up to three alternatives will be developed. However, it is assumed that geometric, environmental, or public fatal flaws will not require that all alternatives be taken to equal levels of detail. Right-of-way constraints will dictate the configuration of alignments and profiles needed to accommodate the grade difference between existing grade and the crossing. The alternatives will be developed to conform to the requirements of the Americans with Disabilities Act and will be evaluated in terms of construction cost, right of way impacts, environmental impacts, operational benefits, and constructability. All alternatives will be evaluated based on the purpose and need statement developed in Task D. Grand Island Council Session - 6/25/2019 Page 112 / 230 Broadwell Avenue PEL Scope of Services A1-3 The preliminary alternatives will be presented to NDOT. This task includes minor revisions to the alternatives and development of one additional alternative resulting from NDOT and FHWA review. It is anticipated that the alternatives identified during the feasibility study will be the same alternatives moving forward into the PEL. B.3 Bridge Concept Plans Bridge alternatives will be developed for the viaduct based on the digital terrain model, topographic file, and digital aerial base map developed in Task A. Development of bridge alternatives will include an estimate of the overall bridge length and width, determination of a preliminary span layout, preliminary locations of bridge piers, abutments, and wall locations, and preliminary determination of structure type and structure depth so that the vertical profile can be checked for adequate vertical clearance. Vertical clearances will be checked against top of rail and existing roadway profiles based on the provided contours. Opinions of probable bridge construction costs for bridge alternatives in the feasibility study will be based on appropriate unit costs per square foot of bridge deck. Up to three bridge alternatives will be studied. B.4 Closures Perform a cursory assessment of the additional RR crossing closures to assess how they would be closed and identify roadway improvements that might be required. B.5 Utility Conflicts Identify the utility conflicts and work with the utility owners regarding potential relocation plans. B.6 Cost Estimate Develop construction cost estimate for the alternatives. Estimate approximate acquisition and relocation costs for impacted properties. Develop a simplified cost/benefit analysis for inclusion in the report. Overall cost estimate will include construction, right-of-way, design engineering, and construction engineering costs. B.7 Alternatives Analysis Memorandum Prepare the Alternatives Analysis Memorandum. The report will include language addressing each of the State’s twenty criteria, along with supporting figures and appendices. It will also document the alternatives analysis process. It is anticipated one round of review comments by the City and one round of review comments by NDOT and FHWA (concurrent review) will be addressed. Information from the Alternatives Analysis Memorandum will be included in the PEL documentation. C. Traffic Evaluation This task will take an overall look at the traffic and safety implications of the closures and the resulting redirection of the traffic. The purpose is to identify improvements necessary to address completed project conditions. The traffic evaluation will result in recommendations for geometric modifications to maximize operations with the new facilities and closures. Grand Island Council Session - 6/25/2019 Page 113 / 230 Broadwell Avenue PEL Scope of Services A1-4 C.1 Data Collection Updated traffic counts may need to be collected to support the analysis. The most recent studies will be referenced for additional data and understanding of current and future operational conditions planned prior to the viaducts. Traffic counts will be taken at the following intersections:  N Broadwell Ave / W 2nd Street  N Broadwell Ave / W 3rd Street  N Broadwell Ave / Old Lincoln Hwy  N Broadwell Ave / W North Front Street  N Broadwell Ave / W 4th Street  N Broadwell Ave / W Faidley Ave In order to assess the pedestrian volumes, a 24-hour pedestrian count will be conducted at the N Broadwell Ave / UPRR crossing. The City will provide existing and future year average daily traffic (ADT) volumes for the following streets:  N Broadwell Ave (south of W 2nd Street, between W 2nd Street/W 3rd Street, north of W 3rd Street)  W 2nd Street (east and west of N Broadwell Ave)  W 3rd Street (east and west of N Broadwell Ave)  W Faidley Ave (east and west of N Broadwell Ave The City will provide 5-years of accident history along N Broadwell Ave from W 2nd Street to W 4th Street in GIS format. C.2 Traffic Analysis The existing traffic data collected in Task C.1 will be used to develop AM and PM peak hour turning movements. Future year AM and PM peak hour turning movements will be developed using the existing year turning movements and the future year ADT volumes. The Consultant will use Synchro 10, which incorporates Highway Capacity Manual (HCM) 6 methodologies, to perform vehicular level of service analysis for the AM and PM peak hours (one hour in the morning and one hour in the afternoon) for all key intersection locations for the following scenarios:  Existing year conditions.  Design year no-build conditions.  Design year proposed build conditions: o Includes up to three alternatives. Existing signal timing information will be gathered from the City for use in completing the HCM Analysis. Grand Island Council Session - 6/25/2019 Page 114 / 230 Broadwell Avenue PEL Scope of Services A1-5 C.3 Safety Analysis Obtain and analyze the latest five years of available crash data for N Broadwell Avenue within the study limits, including the key intersections. Crash data will be obtained from the City. Crash analysis will consist of comparing the calculated crash rates to statewide crash rate averages and identifying crash history patterns and potential mitigation. Individual crash records for all fatalities over the last five years in the crash analysis area will also be reviewed. C.4 Grade Crossing Safety Analysis Complete crash prediction analysis using FRA’s Grade Dec methodology to evaluate crash prediction for grade crossing investment analysis. Crash prediction will be completed for existing and future no-build and one future build alternative using Grade Dec based on geometry and traffic demand. It is assumed up to two additional build alternatives will be designed including grade separation; thus these two build alternatives will not include separate Grade Dec analysis (grade separation assumed to reduce highway-rail crashes entirely). Grade Dec crash prediction for the existing and future years of analysis will be monetized to develop a life-cycle benefit to grade separation. C.5 Traffic & Safety Documentation A brief technical memorandum will be developed which documents the traffic and safety evaluation. D. Environmental It is assumed the funds which would be committed to these projects by the State consist of both State and Federal funds. As such, the project will eventually require analysis and documentation in accordance with the National Environmental Policy Act (NEPA). Preliminary environmental reviews will be conducted such that the resulting concepts do not have fatal flaw environmental issues that would affect alternatives selection or preclude future FHWA approval. In general, environmental studies and reviews would not be taken to a final report at this stage, but rather to a fatal flaw analysis stage. Final reports to the degree necessary based on the NEPA classification determined by FHWA would be performed at a later time. Whereas the Broadwell Avenue viaduct’s location is within an existing commercial area (and its resulting commercial impacts), the study must undergo an alternatives screening process in order to support the decision process. The subtasks at this time will consist of:  Agency Coordination  Develop Preliminary Purpose and Need statement  Conduct environmental studies appropriate to determine fatal flaws of potential alternatives. Grand Island Council Session - 6/25/2019 Page 115 / 230 Broadwell Avenue PEL Scope of Services A1-6 The classification of NEPA document will be determined through consultation with NDOT and FHWA, and the NEPA process will be completed in conjunction with the future design work. D.1 Obtain / Compile Project GIS Data  Update the project GIS database created for the proposal response through obtaining and compiling relevant files including, but not limited to: floodways and floodplains, wetlands and other waters of the U.S., regulated materials, Census data and boundaries, park/recreation/conservation land, threatened and endangered species, and historic resources. City to provide locations of schools, police stations, and fire stations in GIS format. Acquire locations of bus routes and hospitals.  Data would be acquired from various sources, such as the Nebraska Department of Natural Resources, Nebraska Department of Environmental Quality, and Nebraska Department of Transportation databases, into the ArcGIS format in the Nebraska State Plane Feet (NAD 83) coordinate system.  Coordinate with the City of Grand Island to acquire relevant environmental and utility files, and parcel boundaries and data. Coordinate with Hall County regarding availability of other relevant GIS files. Incorporate into the project geodatabase. D.2 Conduct Site Visit  Perform a site reconnaissance visit of the study area with two environmental staff and review data acquired from public sources, and document environmental observations of the study area. Digitize points and boundaries identified in the field and incorporate into the geodatabase. D.3 Constraint Mapping  Environmental: using acquired data within GIS, develop an environmental constraint map plotted on aerial background. Prepare a brief summary of key identified constraints.  Convert concept linework to GIS shapefiles and import into GIS database. Plot concepts on color aerial images and review concepts in consideration of environmental and other constraints. Develop a matrix table for comparison of impacts of the concepts. Prepare a summary of the methodology used to create the geodatabase and evaluate potential impacts.  Identify environmental risks (compliance with NEPA and other applicable regulations, acquisition of permits, and other applicable risks) of the concepts, including mitigation requirements and possible project schedule implications. Grand Island Council Session - 6/25/2019 Page 116 / 230 Broadwell Avenue PEL Scope of Services A1-7 D.4 Supplemental Resource Identification and Analysis  Perform additional research for key environmental resources to provide sufficient detail to identify the potential impacts of the alternatives being considered. Additional research is anticipated for hazardous materials, Environmental Justice populations, Section 4(f) properties and community impacts.  Historic Properties – identify the preliminary Area of Potential Effects for Section 106 and perform a review of potentially eligible properties within the APE. The review will evaluate all structures over 45 years of age for their potential eligibility for the National Register of Historic Places. The results of the survey will be documented in a study report. This task to be performed by Historic Resources Group.  Identify areas where mitigation may be required for environmental impacts. Identify potential mitigation measures. D.5 Agency Coordination  Agency Scoping Meeting – prepare for and conduct an agency scoping meeting for the project (location to be determined). HDR will prepare meeting agenda, agency coordination packet (letter, project fact sheet & location map) and PowerPoint presentation. HDR will prepare meeting notes documenting the scoping discussion. It is assumed that the scoping meeting will be 2 hours in length and will be attended by 3 HDR staff.  Coordinate with Nebraska DOT and FHWA for concurrence on intermediate steps of the study: Purpose and Need, Range of Alternatives, Environmental Analysis, and Recommended Alternative. It is assumed that three meetings and four conference calls will be held with NDOT and/or FHWA. Coordination will be documented in the PEL Study Report.  Additional Agency Coordination – contact resource agencies to obtain additional detail regarding environmental constraints. Since the extent of additional coordination is unknown, this task assumes 12 hours of additional coordination. D.6 Purpose and Need  Develop a Draft Purpose and Need Statement that can be carried forward into the NEPA process. Purpose and Need will consider the results of traffic analysis as well as community and emergency response access needs. A preliminary Purpose and Need statement will be provided to NDOT and FHWA for review (concurrent review assumed) and their comments will be incorporated into the Draft Purpose and Need Statement. D.7 Conditions Assessment  Provide environmental input to designers for documenting existing conditions  Provide environmental input to designers for documenting future conditions  Review potential environmental impacts associated with the alternatives considered (4 alternatives assumed) Grand Island Council Session - 6/25/2019 Page 117 / 230 Broadwell Avenue PEL Scope of Services A1-8 D.8 Planning and Environmental Linkages Study Report    Prepare preliminary draft PEL report for review by the City that documents the study process and includes the following.  Executive summary  Introduction  Purpose and Need  Existing conditions  Alternative Development and Analysis  Public and agency participation  Recommendations and Next Steps HDR will incorporate City comments and prepare a Draft PEL report for review by NDOT and FHWA (concurrent review is assumed). HDR will incorporate NDOT and FHWA comments and prepare the Final PEL report. E. Stakeholder and Community Engagement Scope E.1 Engagement Plan Update – HDR, in coordination with the City, will update the Engagement Plan to reflect new efforts for the PEL Study. Project templates will be developed for use on all internal and public facing communications. The Plan will include key messaging, tools and tactics for engagement. Deliverables:  Draft & Final Engagement Plan  Stakeholder Contact List (Excel)  Project Templates (standard document, Fact Sheet, Direct Mailer, PPT, boards, handout)  Schedule Graphic  Project Study Area Map(s) Assumptions:  HDR will be responsible for coordinating with the City of Grand Island in the development and review of the Engagement Plan. The City will be responsible for sending the Engagement Plan to NDOT and FHWA for review. Assume 2 weeks of review per agency.  City will provide GIS data of residents and businesses to be included in study area.  Project Templates will be developed using City brand guidance.  City will provide GIS data for all directly impacted landowners to be invited to the public meetings.  One round of review (electronic) by City. Assume 1 week of review. E.2 Project Webpage - HDR will support the City to design and build a project website to provide residents access to current project information. The website will be a clearinghouse for stakeholder engagement. Using communication tools such as information and graphic design, survey response applications, and resource/document libraries, users will be able to learn more Grand Island Council Session - 6/25/2019 Page 118 / 230 Broadwell Avenue PEL Scope of Services A1-9 about the project and provide valuable insight regarding project needs and priorities. HDR will develop and provide content, graphics, and iframes/links for web applications. The City will be responsible for building and maintaining the project pages. The City website already provides translation services. Deliverables:  Initial Launch Content document and up to 3 additional content/supporting graphic updates  Up to 3 Survey Monkey surveys.  One (1) Google form iframe for comments. Assumptions:  HDR will provide all content, tools and graphics  City will provide all site maintenance/updates  Comment management, include comment response drafting, will be provided by HDR.  HDR will manage all surveys.  HDR will work with City to review all public facing content; assume up to one week for electronic review and response. E.3 Public Information Meetings – HDR will provide necessary support for three in-person public meetings. Public Meeting #1 will inform the public of the PEL Study and solicit comments from the public. The input gathered will be analyzed by project technical staff to provide a more robust understanding of key concerns and issues presented by the public. Public Meeting #2 will present alternatives to the public for review and comment from the public. The input gathered will help refine alternatives and identify a preferred alternative. Public Meeting #3 will report the findings of the PEL Study to the public. All in-person meetings will be held open house format with a 20 minute formal presentation. Meetings will have a presentation, display boards, scroll maps, handout, and a guided comment form. HDR will develop and support in the distribution of outreach materials including web notification, social media, press release, postcard notice to directly impacted landowners, and a public notice for both public meetings. E.4 Impacted Stakeholder Sessions - The project team will host a series of Impacted Stakeholder Sessions prior to the first and second public meetings. These meetings will provide impacted stakeholders an opportunity to have face-to-face dialogue with the project team and neighbors. It is assumed that up to 4, 1-hour meetings will be held over the course of one day for each meeting. The series of meetings will be followed by Public Meeting #1 and #2. HDR will develop and send letters to stakeholders to invite them to an “open house” style meeting where they can attend the stakeholder meeting at their convenience. Materials for the stakeholder meeting include the fact sheet that will be developed for both public meetings, as well as the Business Contact Cards developed for the Landowner/Business One-on-One Meetings. Grand Island Council Session - 6/25/2019 Page 119 / 230 Broadwell Avenue PEL Scope of Services A1-10 Deliverables:  Four (4) Meeting Plans  Three (3) Press releases  Three (3) Public notices  Three (3)) web notices  Two (2) Impacted Landowner invitation letter  Three (3) social media documents (up to 4 posts/graphics each)  Three (3) rounds of Direct mail postcard invitation with postage  Up to 30 meeting display boards  Up to six (6) scroll/table top plot maps  Comment forms 8.5x11 Fact Sheet  Three (3) PPT presentation (up to 25 slides each) Assumptions:  HDR will design and print all materials (outreach and meeting); Assume 900 postcards, 450 handouts and comment forms, 6 scroll plots, 30 mounted display boards  Assume up to 100 Impacted Landowner invitations and postage.  HDR will provide logistic support to City for help in securing an appropriate ADA compliant meeting location. City will be responsible for providing payments/rental fees.  No refreshments will be provided at the in-person meetings  HDR will provide up to 4 staff to attend the public meetings and Impacted Stakeholder Sessions.  The in-person meeting will be 2 hours in length; between the hours of 5 and 8 p.m. Monday-Thursday.  HDR will provide an onsite translator during public meetings.  HDR will provide translated public notices (assume three), fact sheets and comment forms for the meetings, assume 75 copies of each.  The City will be responsible for public notice placement in the local paper of record (Grand Island Independent and Buenos Dias). E.5 Landowner/Business One-on-One Meetings HDR will coordinate with City staff to provide support for one-on-one meetings with landowners where relocation is inevitable. Early outreach will include request for introductory sit down meetings and ongoing one-on-one meetings as necessary. The goal of this outreach is to establish relationships with directly impacted landowners/businesses, provide opportunity to work with them and maintain goodwill between the community and City. The primary contact for these landowners/businesses will provide a business card for contact information. Should translation services be needed for any of the impacted landowners, materials will be translated and on-site translation services will be provided. Deliverables/Meetings:  Business Contact Cards (translation as necessary)  Up to fifteen (15) one-on-one meetings Grand Island Council Session - 6/25/2019 Page 120 / 230 Broadwell Avenue PEL Scope of Services A1-11 Assumptions:  City staff will be responsible for attending/hosting each one-one-one meeting.  HDR will provide necessary meeting materials and coordination efforts for each meeting.  HDR will be responsible for developing/designing/printing outreach materials; translated materials as applicable.  HDR will be responsible for providing in-person translators as necessary. E.6 Media Briefing A Media Briefing prior to the PIM would help to generate positive media attention about the project. It allows the City to help set the public message. We recommend hosting it a few days in advance of the meeting or directly prior to the scheduled public meeting. Deliverables/Meetings:  One-page FAQ for Media Representatives Assumptions:  City will provide spokesperson to represent the project during the media briefing.  HDR will provide coaching (as necessary regarding technical/media responses) E.7 Social media content/graphic support City uses social media, both Facebook and Twitter. HDR will support the City with content and graphics to promote the public meeting and project using social media. Deliverables/meetings:  Up to three (3) social media content/graphics guide with posting schedule Assumptions:  City will be responsible for posting all social media and responding to comments/questions, as deemed appropriate. E.8 Online Public Meetings HDR will provide necessary support for in-person and online public meetings. The in-person meeting will be held open house format with no formal presentation. Materials developed for the in-person meeting, including boards, maps, handouts, and talking points, will be transitioned and used for the online meetings to solicit feedback from a broader audience. The meetings will launch on the same day, however the online meetings will be open for two weeks. The input gathered at both meetings will be collected and analyzed to provide a more robust understanding of key concerns and issues presented by the public. The online meetings will employ a survey application and online comment form to solicit input. HDR will develop and support in the distribution of outreach materials including press releases, postcard notices to directly impacted landowners, social media content/graphics for Facebook and Twitter, public notices. Deliverables:  Three (3) Online meetings  Three (3) Survey Monkey guided comment form Grand Island Council Session - 6/25/2019 Page 121 / 230 Broadwell Avenue PEL Scope of Services A1-12 Assumptions:  HDR will secure a URL and host the public online meeting site. The site will be repurposed for the second and third meetings. The City will be responsible for embedding a link to the site on the project website.  HDR will provide three Spanish translated online meetings. F. Project Management and Coordination The management task includes the overall project management, client coordination, and quality control. F.1 Project Management Overall project management and administration. Monthly invoices will be prepared along with a detailed progress report outlining activities accomplished in the invoice cycle, those anticipated in the next cycle, and a status report by major task. F.2 Quality Control A quality control plan will be developed to establish review procedures throughout the study. This plan will focus on a review of project deliverables. F.3 Meetings An allowance for 6 additional meetings in Grand Island with City staff or Council meetings. Includes meeting preparation, travel, and preparation of meeting minutes. III. Schedule This scope of services is assumed to be executed between November 2018 through October 2020. Schedule of various tasks will be done in coordination with the information needed for the public open house periods outlined in section E. IV. Additional Work Subsequent work elements for additional studies, design, or construction phase services are not included and could be supplemented to this contract as they become defined. Grand Island Council Session - 6/25/2019 Page 122 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-195 WHEREAS, on November 20, 2018, via Resolution No. 2018-350, City Council approved an agreement for Engineering Consulting Services Related to Broadwell Avenue & UPRR Grade Separation Study with HDR, Inc. of Omaha, Nebraska in the amount of $226,660.00; and WHEREAS, it is necessary to amend the original agreement to allow for an in depth environmental review, a Planning and Environmental Linkages Study (PEL) that is beyond the scope originally developed for this project; and WHEREAS, this step is necessary to secure Federal funding for this project should the City wish to proceed with it at a future date; and WHEREAS, Amendment No. 1 to the original agreement is for an amount not to exceed $185,123.00, resulting in a revised agreement total of $411,783.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 to the original agreement for engineering consulting services related to Broadwell Avenue & UPRR Grade Separation Study with HDR, Inc. of Omaha, Nebraska in the amount of $185,123.00 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Amendment No. 1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 123 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-7 #2019-196 - Approving Amendment No. 1 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation– Downtown; Project No. 2019-S-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/25/2019 Page 124 / 230 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 25, 2019 Subject:Approving Amendment No. 1 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation– Downtown; Project No. 2019-S-1 Presenter(s):John Collins PE, Public Works Director Background Public Works is taking a proactive approach in rehabilitating sanitary sewer in the downtown area to avoid failures. Cured in Place Pipe (CIPP) lining with manhole rehabilitation will be the focus of this project to reinforce structural integrity of the collection system. Existing pipe segments are within constricted alleyways of the project boundary, which is Clark Street to the west, South Front Street to the north, Plum Street to the east, and First Street to the south. Additional failing pieces in the area may be assessed to determine the best rehabilitation method. Segments are mostly 8-inch pipe, with total length of approximately 13,000 linear feet. There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18 inches in diameter. The majority of the sanitary sewer rehabilitations are for old clay tile pipe and or damaged / dilapidated manholes. On November 6, 2018, via Resolution No. 2018-337, City Council approved an agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $81,850.00 for Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1. Discussion To allow for construction administration and observation services, as well as project closeout of Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1 Amendment No. 1 to the original agreement with Olsson, Inc. is being requested. This amendment will be in the amount of $61,063.00 for a revised agreement of $142,913.00. Grand Island Council Session - 6/25/2019 Page 125 / 230 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 1 to the original agreement with Olsson, Inc. of Grand Island, Nebraska, in the amount of $61,063.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/25/2019 Page 126 / 230 Grand Island Council Session - 6/25/2019 Page 127 / 230 Grand Island Council Session - 6/25/2019 Page 128 / 230 Grand Island Council Session - 6/25/2019 Page 129 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-196 WHEREAS, on November 6, 2018, via Resolution No. 2018-337, the Grand Island City Council approved entering into an agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $81,850.00 for engineering consulting services for Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1; and WHEREAS, the original agreement is now being amended to allow for construction administration and observation services, as well as project closeout; and WHEREAS, such amendment is in the amount of $61,063.00, for a revised agreement amount of $142,913.00; and WHEREAS, Amendment No. 1 to the original agreement with Olsson, Inc. of Grand Island, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Olsson, Inc. of Grand Island, Nebraska for engineering consulting services related to Sanitary Sewer Collection System Rehabilitation- Downtown; Project No. 2019-S-1 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 130 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-8 #2019-197 - Approving Public Transit Service and Office Space Agreements Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/25/2019 Page 131 / 230 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:June 25, 2019 Subject:Approving Public Transit Service and Office Space Agreements Presenter(s):John Collins PE, Public Works Director Background The City of Grand Island became eligible for receipt of funds for public transit services from the Federal Transit Administration as a result of the City’s status as a metropolitan statistical area. Commencing July 1, 2016, public transportation trips originating or terminating within the urbanized area of the City of Grand Island must be funded utilizing urban transportation funds from the Federal Transit Administration. Pursuant to an Interlocal Agreement entered into by and between the City and Hall County, the City issued a Request for Proposals for Public Transit Services, which are to be provided within the City and County through a unified system operated by a service provider. On October 31, 2018 the Transit Division of the Public Works Department advertised for Request for Proposals (RFP) for a Public Transit Provider. Discussion Three (3) vendors submitted proposals for the Public Transit Provider RFP on January 17, 2019. Senior Citizen Industries, Inc. of Grand Island, Nebraska was selected as the top vendor based on the pre-approved selection criteria. The negotiated agreement is attached for approval. In order to facilitate the City’s transit program in an efficient manner, a common location will house both City staff and the service provider. On July 10, 2018, via Resolution No. 2018-208, City Council approved a lease agreement with Mid-Country Holding, LLC for office space located at 1016 Diers Avenue, Suite 119, Grand Island, Nebraska. The term of this lease was for a three (3) year period, with the option to extend the lease for three (3), six (6) month period(s) on the same terms as provided in the original lease. The Grand Island Council Session - 6/25/2019 Page 132 / 230 annual cost of such lease is $40,000.00, which equates to monthly rental of $3,333.34. The term of the original lease ends on July 31, 2021. A Transit Office Space User Agreement has been negotiated with Senior Citizen Industries, Inc., in coordination with them being selected as the transit service provider. Said agreement provides for Senior Citizen Industries to use the leased office space with a monthly rental fee of $3,333.34. Such agreement is attached for approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Public Transit Service Provider agreement and Transit Office Space User agreement with Senior Citizens Industries, Inc. of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/25/2019 Page 133 / 230 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR PUBLIC TRANSIT PROVIDER RFP DUE DATE:January 17, 2019 at 4:00 p.m. DEPARTMENT:Public Works - Transit PUBLICATION DATE:October 31, 2018 NO. POTENTIAL BIDDERS:7 SUMMARY OF PROPOSALS RECEIVED Holiday Express Senior Citizens Industries, Inc. Grand Island, NE Grand Island, NE Busco, Inc. dba Arrow Stage Lines Omaha, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Charley Falmlen, Transit Program Manager P2084 Grand Island Council Session - 6/25/2019 Page 134 / 230 City of Grand Island, Nebraska Page 1 of 14 Transit Provider Agreement TRANSIT PROVIDER AGREEMENT – ATTACHMENT 1 AGREEMENT BETWEEN CITY OF GRAND ISLAND, NEBRASKA AND Senior Citizens Industries, Inc. FOR THE CITY OF GRAND ISLAND’S TRANSIT PROGRAM THIS AGREEMENT, entered this ____ day of _____________ 2019, by and between City of Grand Island (herein called the “City”) and Senior Citizens Industries, Inc. (herein called the “Transit Provider”). WHEREAS, the City is a direct recipient of 5307 Urbanized Area Formula Program Grant funding under 49 U.S.C. 5307 from the Federal Transit Administration (FTA); and WHEREAS, the City wishes to engage the Transit Provider to assist in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; ARTICLE 1 - PROJECT SECTION 1: SCOPE OF SERVICE A. Activities 1. General Statement The Transit Provider will be responsible for administering a Federal Transit Administration (FTA) program in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. 2. Program Administration The Transit Provider agrees to administer the following: Activity #1 Assure compliance with terms of this agreement Activity #2 Assure compliance with parameters of Request for Proposals Activity #3 Assure compliance with parameters of Transit Provider Manual B. Performance Monitoring The City will monitor the performance of the Transit Provider in accordance with the activities listed in A.2 of this agreement. Substandard performance as determined by the City will constitute noncompliance with this agreement, and a time period will be designated for compliance. If action to correct such substandard performance is not taken by the Transit Provider within the established time period, suspension or termination procedures will be initiated. C. Special Performance Conditions 1. Transit Provider will abide by City of Grand Island’s Title VI Plan, City of Grand Island’s Limited English Proficiency/Language Assistance Plan, and City of Grand Island’s Disadvantaged Business Enterprise Plan 2. Transit Provider will abide by the State of Nebraska’s Transit Asset Management Plan. 3. Transit Provider will create its own Drug & Alcohol Program, Passenger Handbook, Maintenance Plan, and Passenger Handbook, all to be monitored by the City. Grand Island Council Session - 6/25/2019 Page 135 / 230 City of Grand Island, Nebraska Page 2 of 14 Transit Provider Agreement D. Capital Equipment The Transit Provider agrees to keep all capital equipment associated with this agreement in good working order. Transit Provider shall pay insurance costs for City-owned capital equipment used in operations or administration, to be reimbursed per FTA Allowability of Costs. Transit Provider shall maintain a City approved Maintenance Plan. SECTION 2: TERM OF AGREEMENT The term of this agreement shall be from the date of the last party signing the agreement to June 30, 2022. The City will then have the option to renew the agreement on an annual basis for a two (2) year period, at which time proposals will be solicited. The term of this agreement may be extended should additional time for monitoring be required, in accordance with law; this agreement shall be deemed automatically extended until such time as said monitoring is complete. The provisions herein shall be extended to cover any additional time period during which the Transit Provider remains in control of FTA funds or other FTA assets, including program income. Upon extension the agreement shall continue in full force and effect under the same terms and conditions. Notice of termination of service by either party, shall be no later than 90 days before proposed date of termination, excluding other terms of termination outlined in this agreement, in which the City reserves the right to terminate immediately. SECTION 3: PROGRAM REPORTING The Transit Provider shall submit invoices monthly, as required by the City, to meet its local and FTA obligations. The City will direct the invoicing format and other various report formats in addition to the time and location for submission of such. Required reports include, but are not limited to, the following: A. Monthly reports in which vehicle usage, mileage, maintenance, or justification for lack of progress, in providing the compliance specified in Article 1, Section 1: Scope of Services, of this agreement are discussed. B. Monitoring and closeout reports including performance reports, inventory of all property acquired or improved by FTA funds, accident reports, complaint reports, and a final financial report, upon termination or completion of the award. ARTICLE 2 - FINANCIAL MANAGEMENT SECTION 1: PAYMENTS AND BUDGET A. General Statement The City shall reimburse the Transit Provider allowable costs for the services identified in this agreement upon presentation of properly executed reimbursement/invoice forms as provided by and approved by the City. Such reimbursement shall constitute full and complete payment by the City under this agreement. Allowable costs shall mean those necessary and proper costs identified in the Transit Provider’s application/budget and approved by the City unless any or all such costs are disallowed by FTA. Any reimbursement made under this agreement must comply with the applicable requirements of FTA Circular 9030.1E, Chapter IV, which outlines eligibility of costs. The Transit Provider may not request disbursement of funds under this agreement if the funds are not eligible costs. Any costs incurred which are not eligible, are the sole financial responsibility of the Transit Provider. B. Payments Reimbursement request must be submitted to the Transit Program Manager. Payments shall be made upon receipt of complete and correct reimbursement requests. Reimbursement requests may be submitted by email or hard copy to the contact information listed in Article 3, Section 1 of this agreement. Grand Island Council Session - 6/25/2019 Page 136 / 230 City of Grand Island, Nebraska Page 3 of 14 Transit Provider Agreement Reimbursement payments shall be made directly to Transit Provider only, and shall be made in accordance with the City of Grand Island’s City Council meeting calendar. Payments may be contingent upon certification of the Transit Provider’s financial management system in accordance with the standards specified in the Transit Provider Manual. Requests for payment of allowable costs shall be made against the line item budgets specified in Paragraph C, below, herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph C and in accordance with performance. C. Budget Line Item Amount: Personnel $369,774.82 Administrative $45,724.30 Fuel $71,321.49 Maintenance $55,000.00 General Operating $153,392.56 Equipment $2,000.00 TOTAL $697,213.17 The Transit Provider agrees to a cost plus fixed fee reimbursement model. The monthly fixed fee shall not exceed $5,000 (five thousand) dollars. The Transit Provider is allotted a 3% annual increase in expenses and fees, in accordance with the contract start date. In addition, the City may require a more detailed budget breakdown than the one contained herein, and the Transit Provider shall provide such supplementary budget information in a timely fashion as directed by the City. Any amendments to the budget must be approved in writing by both the City and Transit Provider. D. Closeout Upon termination of this agreement, in whole or in part for any reason including completion of the project, the following provisions may apply: 1. Upon written request by the Transit Provider, the City shall make or arrange for payments to the Transit Provider of allowable reimbursable costs not covered by previous payments; 2. Disposition of program assets (including the return of all unused materials, equipment, program income balances, and accounts receivable to the City); 3. The Transit Provider shall submit within thirty (30) days after the date of expiration of this agreement, all financial, performance and other reports required by this agreement, and in addition, will cooperate in a program monitoring by the City or its designee; and 4. Closeout of funds shall not occur unless all requirements of this agreement are met and all outstanding issues with the Transit Provider have been resolved to the satisfaction of the City. The Transit Provider’s obligation to the City shall not end until all closeout requirements are completed. Notwithstanding the foregoing, the terms of this agreement shall remain in effect during any period that the Transit Provider has unobligated FTA funds, including program income. SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and FTA shall have the right to monitor the records of the Transit Provider as they relate to the agreement and the activities and services described herein. The Transit Provider acknowledges the financial oversight requirements of the Transit Provider Manual. Grand Island Council Session - 6/25/2019 Page 137 / 230 City of Grand Island, Nebraska Page 4 of 14 Transit Provider Agreement ARTICLE 3 - GENERAL CONDITIONS AND REQUIREMENTS SECTION 1: NOTICES Notices required by this agreement shall be in writing and delivered via mail, commercial courier, or personal delivery with acknowledgement by receiving party. Any notice delivered shall be effective on the date of delivery as signed for. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Senior Citizens Industries, Inc. Transit Program Manager Executive Director 1016 Diers Avenue, Suite 119 304 3rd Street Grand Island, Nebraska 68803 Grand Island, Nebraska 68801 308-646-6571 308-385-5308 SECTION 2: GENERAL CONDITIONS A. “Independent Transit Provider” Nothing contained in this agreement is intended, or shall be construed in any manner to create or establish the relationship of employer/employee between the City and Transit Provider. The Transit Provider shall at all times remain an “Independent Transit Provider” with respect to the services to be performed under this agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Transit Provider is an Independent Transit Provider. B. Hold Harmless To the extent permitted by law, the Transit Provider agrees to hold harmless, defend and indemnify the City and its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of any actions, claims, lawsuits, damages, charges and judgments whatsoever that arise out of the Transit Provider’s performance or nonperformance of the services or subject matter called for in this agreement. C. Workers’ Compensation The Transit Provider shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this agreement. D. Insurance The Transit Provider shall: 1. Obtain and maintain for the applicable agreement term insurance on each vehicle against all risks of loss or damage in an amount not less than the replacement cost of the vehicles, without deductible and without co-insurance, 2. Obtain and maintain for the applicable agreement term, comprehensive liability insurance covering personal injury of at least $1,000,000 per person and property damage of at least $1,000,000 per occurrence, and such insurance shall otherwise be in a form and with companies reasonably satisfactory to City. Provider shall designate City, as their interests may appear, as loss payee on property insurance, and shall designate City additional insured on liability insurance. Provider shall pay all premiums for such insurance and cause delivery to City of certificates evidencing such insurance in effect through the agreement term identifying the vehicle identification number of each vehicle, as applicable, along with, if requested by City, evidence satisfactory to City, of the payment of the premiums for such insurance. All insurance shall provide for at least thirty (30) days advance written notice to City before any cancellation, expiration or material modification thereof. No act or default of Grand Island Council Session - 6/25/2019 Page 138 / 230 City of Grand Island, Nebraska Page 5 of 14 Transit Provider Agreement Provider, its officers, agents and employees, will affect City’s right to recover under such policy or policies in case of loss. Provider shall deliver prompt written notice to City of (1) loss, theft, or destruction of any vehicle, (2) any damage to any vehicle exceeding one thousand dollars ($1,000), and (3) any claim arising out of the ownership, operation, maintenance, or use of any vehicle. In the event of damage to or loss or destruction of a vehicle (or any component thereof), Provider shall, at the option of City, (a) promptly place such vehicle in good repair, condition and working order, or (b) replace the vehicle with a vehicle in good repair, condition and working order, acceptable to City, and shall transfer clear title to such vehicle to the entity, City, holding title to the vehicle damaged, lost, or destroyed, whereupon such vehicle shall be subject to the applicable agreement term. Liability coverage shall include coverage for loading and unloading passengers. The certificates of insurance shall be subject to review by the City and the Transit Provider shall carry evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. Insurance limits must be on each Certificate of Insurance. No other form of certificate shall be used. The Transit Provider will not be relieved of any liability, claims, demands, or other obligations assumed by its failure to procure or maintain insurance, or its failure to procure or maintain insurance in sufficient amounts, durations, or types. E. Licensing The Transit Provider agrees to comply with and obtain, if necessary, all applicable City, Municipal, State or Federal standards for licensing, certifications and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in this agreement to assure quality of services. In the event of an investigation or suspension regarding any Transit Provider license related to the services for which the City is providing funding under this agreement, the City may terminate this agreement and withhold further agreement funds. In addition, monies already received under this agreement may be owed back to the City. F. Amendments The parties may amend this agreement at any time provided that such amendments make specific reference to this agreement and are executed in writing, signed by a duly authorized representative of each organization, and approved by City Council. Such amendments shall not invalidate this agreement, nor relieve or release the City or Transit Provider from its obligations under this agreement. The City may, in its discretion, amend this agreement to conform to Local, State, or Federal governmental guidelines, policies or available funding amounts. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both City and Transit Provider. G. Failure to Perform In the event of failure by the Transit Provider to comply with any terms or conditions of this agreement or to provide in any manner activities or other performance as agreed herein, the City reserves the right to temporarily withhold any portion or full payment pending correction of the deficiency, suspend all or part of the agreement, or prohibit the Transit Provider from incurring additional obligation of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of the City’s right to suspend or terminate this agreement. The City may consider performance under this agreement when considering future awards. Grand Island Council Session - 6/25/2019 Page 139 / 230 City of Grand Island, Nebraska Page 6 of 14 Transit Provider Agreement H. Termination The City may pursue remedies if the Transit Provider significantly fails to comply with any terms or conditions of this agreement, which include, but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and FTA guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Transit Provider to fulfill in a timely and proper manner its obligations under this agreement; 3. Ineffective or improper use of funds provided under this agreement; 4. Submission by the Transit Provider to the City reports that are incorrect or incomplete in any significant respect; or 5. Failure to take satisfactory corrective action as directed by the City. This agreement may also be terminated for convenience by the City, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. If, in the case of a partial termination, however, the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this agreement but prior to its normal completion, the City may immediately terminate this agreement in accordance with such, notwithstanding any other termination provisions of this agreement. Termination under this Section shall be effective upon receipt of written notice from the City to the Transit Provider. In the case of suspension or termination, monies already received under this agreement may be owed back to the City and the City may also declare the Transit Provider ineligible for further participation in the City’s transit program. SECTION 3: SPECIAL CONDITIONS A. Access to Records and Reports 1. Record Retention. The Transit Provider will retain, and will require its subcontractors of all tiers to retain, complete and provide readily accessible records related in whole or in part to the agreement, including, but not limited to, data, documents, reports, statistics, sub- agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. 2. Retention Period. The Transit Provider agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Transit Provider shall maintain all books, records, accounts and reports required under this agreement for a period of at not less than three (3) years after the date of termination or expiration of this agreement, except in the event of litigation or settlement of claims arising from the performance of this agreement, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. 3. Access to Records. The Transit Provider agrees to provide sufficient access to the City of Grand Island, Hall County, the State of Nebraska, FTA, and its contractors to inspect and audit records and information related to performance of this agreement as reasonably may be required. 4. Access to the Sites of Performance. The Transit Provider agrees to permit the City of Grand Island, Hall County, the State of Nebraska, FTA, and its contractors access to the sites of performance under this agreement as reasonably may be required. Grand Island Council Session - 6/25/2019 Page 140 / 230 City of Grand Island, Nebraska Page 7 of 14 Transit Provider Agreement B. Charter Service The Transit Provider agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and sub-recipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(d); 2. FTA regulations, “Charter Service,” 49 C.F.R. part 604; 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. The Transit Provider agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any sub-transit provider operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D of part 604 of FTA’s Charter Service regulations; or 3. Any other appropriate remedy that may apply. The Transit Provider should also include the substance of this clause in each sub-agreement that may involve operating public transit services C. Clean Air and Clean Water 1. Clean Air. The Transit Provider shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Transit Provider shall report each violation to the City and understands and agrees that the City shall, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Transit Provider shall include these requirements in each sub-agreement exceeding $100,000 financed in whole or in part with FTA assistance. 2. Clean Water. The Transit Provider shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Transit Provider shall report each violation to the City and understands and agrees that the City shall, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency Regional Office. The Transit Provider shall include these requirements in each sub-agreement exceeding $100,000 financed in whole or in part with FTA assistance. D. Civil Rights and Equal Opportunity The City is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this agreement, the Transit Provider shall at all times comply with the following requirements and shall include these requirements in each sub-agreement entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Transit Provider agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Transit Provider agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. Grand Island Council Session - 6/25/2019 Page 141 / 230 City of Grand Island, Nebraska Page 8 of 14 Transit Provider Agreement 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Transit Provider agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Transit Provider agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Transit Provider agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Transit Provider agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Transit Provider agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § A-27 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Transit Provider agrees that it will not discriminate against individuals on the basis of disability. In addition, the Transit Provider agrees to comply with any implementing requirements FTA may issue. E. Disadvantaged Business Enterprise The Transit Provider shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The Transit Provider shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted agreements. Failure by the Transit Provider to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the City deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the Transit Provider from future bidding as non-responsible. 49 C.F.R. § 26.13(b). F. Employee Protections The Transit Provider shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. The Transit Provider shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the agreement for all laborers and mechanics, including guards and watchmen, working on the agreement. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and Grand Island Council Session - 6/25/2019 Page 142 / 230 City of Grand Island, Nebraska Page 9 of 14 Transit Provider Agreement weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Transit Provider for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Transit Provider will permit such representatives to interview employees during working hours on the job. The Transit Provider shall require the inclusion of the language of this clause within sub-agreements of all tiers. G. Energy Conservation The Transit Provider agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the State Energy Program in Nebraska issued in compliance with the Energy Policy and Conservation Act. H. Changes to Federal Requirements The Transit Provider shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the City and FTA, as they may be amended or promulgated from time to time during the term of this agreement. The Transit Provider's failure to so comply shall constitute a material breach of this agreement. I. Lobbying Restrictions The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a City, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any City, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-agreements, sub-grants, and agreements under grants, loans, and cooperative agreements) and that the Transit Provider shall certify and disclose accordingly. J. No Federal Government Obligation to Third Parties The City and Transit Provider acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this agreement and shall not be subject to any obligations or liabilities to the City, Transit Provider or any other party (whether or not a party to that agreement) pertaining to any matter resulting from the underlying agreement. The Transit Provider agrees to include the above clause in each sub-agreement financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor will be subject to its provisions. K. False Statements of Claims and Criminal Fraud The Transit Provider acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying agreement, Grand Island Council Session - 6/25/2019 Page 143 / 230 City of Grand Island, Nebraska Page 10 of 14 Transit Provider Agreement the Transit Provider certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying agreement or the FTA assisted project for which this agreement work is being performed. In addition to other penalties that may be applicable, the Transit Provider further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Transit Provider to the extent the Federal Government deems appropriate. The Transit Provider also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under an agreement connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Transit Provider, to the extent the Federal Government deems appropriate. The Transit Provider agrees to include the above two clauses in each sub-agreement financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the sub-transit provider who will be subject to the provisions. L. Public Transportation Employee Protective Arrangements The Transit Provider agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this agreement or any amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the agreement. 2. Special Warranty. When the agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the agreement. 3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Transit Providers providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under Title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. M. Recovered Materials The Transit Provider agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection City (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247. N. Safe Operation of Motor Vehicles 1. Seat Belt Use - The Transit Provider is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Transit Provider or City. 2. Distracted Driving - The Transit Provider agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging when employer provides an electronic device, and driving a vehicle the driver owns or rents, a vehicle Transit Provider owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. Grand Island Council Session - 6/25/2019 Page 144 / 230 City of Grand Island, Nebraska Page 11 of 14 Transit Provider Agreement O. School Bus Operations The Transit Provider agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(f); 2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. If Transit Provider violates this School Bus agreement, FTA may: 1. Bar the Transit Provider from receiving Federal assistance for public transportation; or 2. Require the Transit Provider to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the Transit Provider may not use federally funded equipment, vehicles, or facilities. The Transit Provider should include the substance of this clause in each sub-agreement or purchase under this agreement that may operate public transportation services P. Substance Abuse Requirements The Transit Provider agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State of Nebraska, Hall County or the City of Grand Island, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Transit Provider agrees further to certify annually its compliance with parts 655 annually as part of the performance monitoring process and to submit the Management Information System (MIS) reports before March 1 annually to the Transit Program Manager. To certify compliance, the Transit Provider shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative agreements," which is published annually in the Federal Register. Q. Disputes Disputes - Disputes arising in the performance of this agreement that are not resolved amicably by both parties shall be decided in writing by the Assistant City Attorney for the City of Grand Island. This decision shall be final and conclusive unless within ten (10) calendar days from the date of receipt of its copy, the Transit Provider mails or otherwise furnishes a written appeal to the Assistant City Attorney. In connection with any such appeal, the Transit Provider shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Assistant City Attorney shall be binding upon the Transit Provider and the Transit Provider shall abide by the decision. Performance during Dispute - Unless otherwise directed by the City, the Transit Provider shall continue performance under this agreement while matters in dispute are being resolved. Claims for Damages - Should either party to the agreement suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. The duties and obligations imposed by the agreement documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City shall constitute a waiver of any right or duty afforded any of them under the agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Grand Island Council Session - 6/25/2019 Page 145 / 230 City of Grand Island, Nebraska Page 12 of 14 Transit Provider Agreement R. City Recognition The Transit Provider shall ensure recognition of the role of the City in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to the funding source. In addition, the Transit Provider will include a reference to the support provided herein in all publications made possible with funds available under this agreement. S. LB 403 The Transit Provider and its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. T. Fiscal Years The City of Grand Island operates on a fiscal year beginning October 1 and ending on the following September 30. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. U. Title VI (See also Article 1 Section C) The City of Grand Island, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notified all bidden that it will affirmatively insure that in any contact entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin, sex, age and disability/handicap in consideration for an award. V. Section 504/ADA Notice to the Public The City of Grand Island does not discriminate on the basis of disability in admission of its programs, services, or activities, in access to them, in treatment of individuals with disabilities, or in any aspect of their operations. The City of Grand Island also does not discriminate on the basis of disability in its hiring or employment practices. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Questions, complaints, or requests for additional information or accommodation regarding the ADA and Section 504 may be forwarded to the designated ADA and Section 504 Compliance Coordinator. Title VI Coordinator (City Administrator) 308-389-0140 100 East First Street, Grand Island, NE 68801 Monday through Friday; 8:00 a.m. to 5:00 p.m. W. Gratuities and Kickbacks City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a consultant under a contract to the prime consultant or higher tier consultant or any person associated therewith, as an inducement for the award of an agreement or order. Grand Island Council Session - 6/25/2019 Page 146 / 230 City of Grand Island, Nebraska Page 13 of 14 Transit Provider Agreement X. Incorporation of FTA Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding agreement provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Transit Provider shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the FTA terms and conditions. Y. Debarment and Suspension The Transit Provider shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each agreement at any tier of $25,000 or more, and to each agreement at any tier for a federally required audit (irrespective of the agreement amount), and to each agreement at any tier that must be approved by an FTA official irrespective of the agreement amount. As such, the Transit Provider shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded agreement and are not presently declared by any Federal department or agency to be: 1. Debarred from participation in any federally assisted Award; 2. Suspended from participation in any federally assisted Award; 3. Proposed for debarment from participation in any federally assisted Award; 4. Declared ineligible to participate in any federally assisted Award; 5. Voluntarily excluded from participation in any federally assisted Award; or 6. Disqualified from participation in any federally assisted Award. The certification in this clause is a material representation of fact relied upon by the City of Grand Island. If it is later determined that the Transit Provider knowingly rendered an erroneous certification, in addition to remedies available to the City of Grand Island, Hall County, the State of Nebraska or the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Transit Provider agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any agreement that may arise from this offer. The Transit Provider further agrees to include a provision requiring such compliance in its lower tier covered transactions. SECTION 4: TRANSIT PROVIDER MANUAL RECEIPT CERTIFICATION The Transit Provider certifies that it has received the City of Grand Island’s Transit Provider Manual in either print or electronic format from the City. The Transit Provider further certifies and agrees that it is the Transit Provider’s obligation as a part of this agreement to read and understand the Manual. The City may update the Transit Provider Manual at will, and shall notify the Transit Provider contact listed in this agreement, as well as other staff deemed pertinent at the time, of said changes, before their effective date. SECTION 5: SEVERABILITY It is understood and agreed by the parties that if any part, term, or provision of this agreement is held by the courts to be invalid, illegal or in conflict with any law, the remainder of the agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect. SECTION 6: SUCCESSORS This agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and successors. Grand Island Council Session - 6/25/2019 Page 147 / 230 City of Grand Island, Nebraska Page 14 of 14 Transit Provider Agreement SECTION 7: ENTIRE AGREEMENT This agreement constitutes the entire agreement between the City and Transit Provider for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and Transit Provider with respect to this agreement. SECTION 8: NO THIRD-PARTY BENEFICIARIES Except as expressly provided otherwise, this agreement is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause action or other right. IN WITNESS WHEREOF, the Parties have executed this agreement as of the date of the most recent signatory. City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Transit Provider: Senior Citizens Industries, Inc. Date _____________________________ By____________________________________ Theresa Engelhardt, Executive Director Date __________________________ By___________________________________ Karl Hughes, Board President Grand Island Council Session - 6/25/2019 Page 148 / 230 1 | Page Transit Office Space User Agreement TRANSIT OFFICE SPACE USER AGREEMENT This User Agreement is entered into this _____ day of _____________, 2019 by and between, the City of Grand Island, hereinafter referred to as, CITY, and Senior Citizens Industries, Inc., hereinafter referred to as the TRANSIT PROVIDER. In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. Office Space User Agreement. The CITY hereby provides to the TRANSIT PROVIDER the following described office space with all accessories incorporated there or affixed thereto: 1016 Diers Avenue, Suite 119, Grand Island, Nebraska 68803 2. TERM. The term of this User Agreement shall commence upon signature of both parties and end July 31, 2021, subject however, to any prior termination as hereinafter provided. 3. RENT. The TRANSIT PROVIDER agrees to pay Three Thousand Three Hundred and Thirty Three Dollars and Thirty Four Cents ($3,333.34) per month for the use of the office space, the said rental amount being due upon effective date of this User Agreement. Rent is payable at the office of Mid- Country Trading, LLC via mail at PO Box 139, Grand Island, Nebraska, 68802-0139 4. MAINTENANCE AND REPAIRS. The TRANSIT PROVIDER shall pay for and furnish all maintenance and repairs to keep office spaces in good working order and condition. At the expiration or termination of this Lease, the premises will be returned to the CITY in good condition, reasonable wear and tear excepted. 5. REGISTRATION, LICENSE, TAXES, INSPECTION, FEES, EXPENSES. The TRANSIT PROVIDER shall pay all expenses incurred in the use and operation of the Office Space, including but not limited to, insurance, cleaning, maintenance, fines, inspections, assessments, sales or use taxes, if any, and all other taxes as may be imposed by law from time to time arising from TRANSIT PROVIDER'S use and operation of the Office Space. The CITY will reimburse the TRANSIT PROVIDER in accordance with the Transit Provider Agreement, dated _________________________. 6. USE AND OPERATION. The TRANSIT PROVIDER acknowledges receipt of the Office Space, and that the same is in condition satisfactory to TRANSIT PROVIDER'S purposes. The Office Space shall not be altered, marked or additional equipment installed without the prior written consent of the CITY in which case the TRANSIT PROVIDER will bear the expense thereof as well as the restoration expenses. The TRANSIT PROVIDER shall keep the Office Space free of all taxes, liens, and encumbrances. The TRANSIT PROVIDER shall not use or permit the use of Office Space in violation of any City, County, State or Federal laws, ordinances, rules or regulations, or contrary to the provisions of the insurance policy coverage. The TRANSIT PROVIDER, by acceptance of this User Agreement, agrees to abide by the terms hereof and to indemnify the CITY for any losses occurring as a result of such use in violation of said terms, laws, rules and ordinances. 7. INDEMNIFICATION AND INSURANCE. The TRANSIT PROVIDER agrees and will protect, indemnify and hold harmless the CITY and its assignees and agents from and against any and all losses, damages, injuries, claims, demands and expenses occasioned by, or arising out of, the condition, maintenance, use or operation of the Office Space including any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or due directly or indirectly to this Lease, or the condition, maintenance, use or operation of the Grand Island Council Session - 6/25/2019 Page 149 / 230 2 | Page Transit Office Space User Agreement Office Space by the TRANSIT PROVIDER or any person claiming through or under the TRANSIT PROVIDER. TRANSIT PROVIDER shall, keep in full force and effect a policy of public liability and property damage insurance with respect to the Demised Premises and the business operated by Lessee and any subtenants or assignees. The coverage limits of the policy shall not be less than $1,000,000 combined single limit per occurrence. The policy shall name the CITY and its mortgagee as additional insureds. The policy shall provide that the insurer shall not cancel or change the insurance without giving the thirty (30) days prior written notice. A copy of the policy or a certificate of insurance shall be delivered to the CITY. The TRANSIT PROVIDER agrees that it shall at all times and at its own expense pay for any deductibles. Insurance Deductibles will not be reimbursed by the City of Grand Island. The TRANSIT PROVIDER shall provide and pay for any other insurance or bond that may be required by any governmental authority as a condition to, or in connection with, the TRANSIT PROVIDER'S use of the Office Space. In the event the Office Space is involved in an crime incident, damaged, or destroyed by fire, the TRANSIT PROVIDER shall promptly notify CITY, in writing, within twenty-four (24) hours and will also comply with all terms and condition entered in the insurance policies. The TRANSIT PROVIDER agrees to cooperate with the CITY, and the insurance companies in defending against any claims or actions resulting from the TRANSIT PROVIDER'S operation or use of the Office Space. The Office Space shall not be used by any person or entity, in any manner or for any purpose that would cause any insurance herein specified to be suspended, canceled, or rendered inapplicable. 8. DAMAGE TO OFFICE SPACE. Should the Office Space or any part thereof be so damaged as to preclude usage for the purpose intended and should the TRANSIT PROVIDER be indemnified therefor pursuant to any insurance coverage required pursuant to paragraph 7 hereof in an amount not less than the full amount of the insurance coverage provided by a City approved insurance agency, this User Agreement shall terminate. However, should the TRANSIT PROVIDER be indemnified in an amount less than the full amount of the insurance coverage provided by the CITY, the TRANSIT PROVIDER will repair or replace the Office Space or the damaged part thereof and the proceeds of the insurance recovery shall be applied to such repair or replacement. Should the office space or any part thereof be damaged by any cause for which the TRANSIT PROVIDER makes no insurance recovery and should the Office Space or the damaged part thereof be capable of repairs, this User Agreement shall terminate and the TRANSIT PROVIDER shall immediately pay the CITY the reasonable value of the repairs to the property damaged, regardless of rentals paid or accrued. 9. TITLE. The TRANSIT PROVIDER acknowledges that this is an agreement to use the Office Space only and that the TRANSIT PROVIDER does not in any way acquire leasing or decision rights to the Office Space, under this agreement. Without the prior written consent of the CITY, the TRANSIT PROVIDER agrees not to do any act to encumber, convert, pledge, sell, assign, re-hire, lease, lend, conceal, abandon, give up possession of, or modify the Office Space. 10. WARRANTIES AND WAIVER. The TRANSIT PROVIDER uses the Office Space herein described in "as is" condition and agrees that the CITY had not made, and does not hereby make any representation, warranty or covenant expressed or implied with respect to the condition, quality, durability, capability, or suitability of the Office Space or against any patent or latent defects therein. The TRANSIT PROVIDER agrees that the CITY shall not be liable to the TRANSIT PROVIDER for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Office Space or the inadequacy thereof for any purpose, or for any deficiency or defect therein, or for the use Grand Island Council Session - 6/25/2019 Page 150 / 230 3 | Page Transit Office Space User Agreement or maintenance thereof, or for any repairs, servicing, adjustments, or expenses thereto or for any loss of business or for any damage whatsoever and howsoever caused. 11. ASSIGNMENT. Without the prior written consent of the CITY or any assignee of the CITY, the TRANSIT PROVIDER agrees not to sublet, mortgage, pledge, sell, assign or otherwise transfer or dispose of this User Agreement. The TRANSIT PROVIDER acknowledges and understands that the CITY may assign this User Agreement and that such assignee shall be entitled to all of the benefits of this User Agreement in the place of the TRANSIT PROVIDER. In connection therewith, the TRANSIT PROVIDER agrees this User Agreement and Office Space used there under will be subjected to any rights and interest in and to said Office space under any contract the CITY has with another regarding title or interests in title; to accept the directions, demands or consents of such assignee in place of those of the CITY; to surrender Office Space only to such assignee; to pay all rent hereunder as directed by such assignee. 12. DEFAULT. In any of the following default events: 1) Failure to pay any rent or sum herein provided when the same are due and payable and such default continues for a period of thirty (30) days after receipt of notice thereof of TRANSIT PROVIDER; 2) Failure to comply with any terms or conditions hereof; 3) A proceeding in insolvency or receivership by or against the TRANSIT PROVIDER or its property, or in the event lessee suspends business, makes an assignment for the benefit of creditors, or if an attachment be levied or tax lien filed against the Office Space, or 4) The CITY may, at its option and without prejudice to any other rights it may have: a) Take possession of and/or occupy Office Space and for the purpose thereof may enter the premises on which Office Space is located and remove TRANSIT PROVIDER without court order or other process of law. Damages occasioned by such taking being expressly waived by the TRANSIT PROVIDER; b) May (but need not) use Office Space or any portion thereof for such period, and to such persons or entities as the CITY shall elect and shall not affect in payment of the rent and other obligations due from TRANSIT PROVIDER to the MID-COUNTRY TRADING, LLC hereunder by acceleration or otherwise; c) May (but need not) relocate Office Space or any part thereof without demand or notice of intention; d) May deduct all costs and expenses in connection with such retaking, including insurance, repairs, storage, renting or sale of Office Space from the proceeds derived from such renting or sale; e) Terminate TRANSIT PROVIDER'S rights hereunder as to Office Space; f) Accelerate rent for the lease term as provided in paragraph 2 and 3 hereof and recover the same and all other damages as herein or by law provided by legal proceedings. No right or remedy conferred upon or reserved to the CITY by this User Agreement shall be exclusive of any other right or remedy herein or by law provided; all rights and remedies conferred upon the CITY by this User Agreement or by law shall be cumulative and in addition to every other right and remedy to. Grand Island Council Session - 6/25/2019 Page 151 / 230 4 | Page Transit Office Space User Agreement 13. CONSTRUCTION. This User Agreement shall be construed and determined in accordance with the laws of the State of Nebraska. Any provision herein prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of the User Agreement. Words and phrases herein, including any acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neutral gender according to the context. 14. TIME IS OF THE ESSENCE. Time is of the essence of this Lease. However, the CITY’s failure at any time to require strict performance by the TRANSIT PROVIDER of any provisions herein shall not waive or diminish CITY’s right to thereafter demand strict compliance therewith or with other provisions of this User Agreement and written waiver by the CITY of any default hereunder shall not constitute a waiver of any other default. 15. ENTIRE AGREEMENT. This User Agreement contains the whole agreement of the parties. None of the covenants, provisions, terms or conditions of this User Agreement shall be in any manner modified, waived, abandoned or amended except by a written instrument duly signed by the parties or their assignee and delivered to the CITY and the TRANSIT PROVIDER or their assignee. 16. BINDING. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto except as may be modified in paragraph 11 or 17 hereof. 17. NOTICE. Notices as provided for in this User Agreement shall be given to the respective parties or their assignees at their respective addresses designated herein unless there is notification of the parties to the other, in writing, of a different address. Such notice shall be deemed to be given and received when deposited in the United States mail, postage prepaid, addressed as herein designated. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Grand Island Council Session - 6/25/2019 Page 152 / 230 5 | Page Transit Office Space User Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. City of Grand Island, Nebraska Date _____________________________ By________________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ RaNae Edwards, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Transit Provider: Senior Citizens Industries, Inc. Date __________________________ By____________________________________ Theresa Engelhardt, Executive Director Date __________________________ By___________________________________ Karl Hughes, Board President Grand Island Council Session - 6/25/2019 Page 153 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-197 WHEREAS, on October 21, 2018 the Transit Division of the Public Works Department advertised for Public Transit Services; and WHEREAS, on January 17, 2019 three (3) vendors submitted proposals for such services; and WHEREAS, Senior Citizens Industries, Inc. of Grand Island, Nebraska was the responsible offeror whose proposal was determined, in writing, by the proposal review committee to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals, at a maximum annual rate of $697,213.17 for the period July 1, 2019- June 30, 2020. The initial agreement will provide for services to June 30, 2022, with the City having the option of renewing the agreement on an annual basis for a two (2) year period, as which time proposals will be solicited. Compensation shall be at the following maximum annual rate: July 1, 2020- June 30, 2021- $718,129.57 July 1, 2021- June 30, 2022- $739,673.46 July 1, 2022- June 30, 2023- $761,863.66 July 1, 2023- June 30, 2024- $784,719.57; and WHEREAS, in order to facilitate the City’s transit program in an efficient manner, a common location will house both City staff and the service provider; and WHEREAS, such office space is located at 1016 Diers Avenue, Suite 119, Grand Island, Nebraska, with an annual cost of $40,000.00, which equates to monthly rental of $3,333.34, with a term of the original lease ending on July 31, 2021; and WHEREAS, a Transit Office Space User Agreement has been negotiated with Senior Citizens Industries, Inc. at a monthly rental fee of $3,333.34 in coordination with them being selected as the transit service provider. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Transit Provider Agreement and Transit Office Space User Agreement by and between the City and Senior Citizens Industries, Inc. for the provision of public transit services should be, and hereby are, approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 154 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-9 #2019-198 - Approving Agreement with HDR Engineering, Inc. for the Grand Island Area Metropolitan Planning Organization (GIAMPO) Travel Demand Model and Long Range Transportation Plan Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/25/2019 Page 155 / 230 Council Agenda Memo From:Allan Zafft, MPO Program Manager Meeting:June 25, 2019 Subject:Approving Agreement with HDR Engineering, Inc. for the Grand Island Area Metropolitan Planning Organization (GIAMPO) Travel Demand Model and Long Range Transportation Plan Presenter(s):John Collins PE, Public Works Director Background In March 2013 the City of Grand Island was designated as an urbanized area with a population over 50,000 thus requiring the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR 450 of the current Federal transportation bill. A core requirement of the Transportation Planning Process is the development of a multimodal Long Range Transportation Plan, identifying existing and projected deficiencies in the Transportation System within the urbanized area. A Request for Qualifications (RFQ) for consulting services for the Long Range Transportation Plan was advertised in the Grand Island Independent on January 31, 2019, February 7, 2019, and February 14, 2019. The RFQ was also sent electronically to thirty-four (34) firms by the Engineering Division of the Public Works Department. Discussion Five (5) proposals were opened on February 26, 2019 and reviewed and scored, based on the evaluation criteria listed in the RFQ. The proposal submitted by HDR Engineering, Inc. of Omaha, Nebraska was scored as the best firm to complete the required work. The total negotiated cost for development of the plan is $299,613.38, with the reimbursable amount being actual costs and not to exceed the negotiated contract amount. The LPA has earmarked and will place in its fiscal budget sufficient funds to pay all project costs not paid for by Federal funds, such costs are currently estimated to be $59,922.68, but such costs may increase or decrease due to variations between the estimated and actual project costs and any additional federal participation the MPO can obtain. Grand Island Council Session - 6/25/2019 Page 156 / 230 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with HDR Engineering, Inc. of Omaha, Nebraska in the amount of $299,613.38 and authorize the Mayor to sign the agreement. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/25/2019 Page 157 / 230 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSALS FOR PROFESSIONAL CONSULTING SERVICES FOR UPDATING THE GIAMPO TRAVEL DEMAND MODEL AND LONG RANGE TRANSPORTATION PLAN, PROJECT NO. PLG-1(56), STATE CONTROL NO. 00992C RFP DUE DATE:February 26, 2019 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:January 31, 2019; February 7 & 14, 2019 NO. POTENTIAL BIDDERS:34 PROPOSALS RECEIVED SRF Consulting Group, Inc.JEO Consulting Group, Inc. Omaha, NE Lincoln, NE iteris, Inc.HDR Lincoln, NE Omaha, NE TranSystems Omaha, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Allan Zafft, MPO Program Manager P2104 Grand Island Council Session - 6/25/2019 Page 158 / 230 Grand Island Council Session - 6/25/2019 Page 159 / 230 Grand Island Council Session - 6/25/2019 Page 160 / 230 Grand Island Council Session - 6/25/2019 Page 161 / 230 Grand Island Council Session - 6/25/2019 Page 162 / 230 Grand Island Council Session - 6/25/2019 Page 163 / 230 Grand Island Council Session - 6/25/2019 Page 164 / 230 Grand Island Council Session - 6/25/2019 Page 165 / 230 Grand Island Council Session - 6/25/2019 Page 166 / 230 Grand Island Council Session - 6/25/2019 Page 167 / 230 Grand Island Council Session - 6/25/2019 Page 168 / 230 Grand Island Council Session - 6/25/2019 Page 169 / 230 Grand Island Council Session - 6/25/2019 Page 170 / 230 Grand Island Council Session - 6/25/2019 Page 171 / 230 Grand Island Council Session - 6/25/2019 Page 172 / 230 Grand Island Council Session - 6/25/2019 Page 173 / 230 Grand Island Council Session - 6/25/2019 Page 174 / 230 Grand Island Council Session - 6/25/2019 Page 175 / 230 Grand Island Council Session - 6/25/2019 Page 176 / 230 Grand Island Council Session - 6/25/2019 Page 177 / 230 Grand Island Council Session - 6/25/2019 Page 178 / 230 Grand Island Council Session - 6/25/2019 Page 179 / 230 Grand Island Council Session - 6/25/2019 Page 180 / 230 Grand Island Council Session - 6/25/2019 Page 181 / 230 Grand Island Council Session - 6/25/2019 Page 182 / 230 Grand Island Council Session - 6/25/2019 Page 183 / 230 Grand Island Council Session - 6/25/2019 Page 184 / 230 Grand Island Council Session - 6/25/2019 Page 185 / 230 Grand Island Council Session - 6/25/2019 Page 186 / 230 Grand Island Council Session - 6/25/2019 Page 187 / 230 Grand Island Council Session - 6/25/2019 Page 188 / 230 Grand Island Council Session - 6/25/2019 Page 189 / 230 Grand Island Council Session - 6/25/2019 Page 190 / 230 Grand Island Council Session - 6/25/2019 Page 191 / 230 Grand Island Council Session - 6/25/2019 Page 192 / 230 Grand Island Council Session - 6/25/2019 Page 193 / 230 Grand Island Council Session - 6/25/2019 Page 194 / 230 Grand Island Council Session - 6/25/2019 Page 195 / 230 Grand Island Council Session - 6/25/2019 Page 196 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-198 WHEREAS, a core requirement of the Transportation Planning Process is the development of a multimodal Long Range Transportation Plan, identifying existing and projected deficiencies in the Transportation System within the urbanized area; and WHEREAS, the City of Grand Island invited proposals for consulting services for a Travel Demand Model and Long Range Transportation Plan, according to the Request for Qualifications on file with the Engineering Division of the Public Works Department; and WHEREAS, on February 26, 2019 proposals were received, reviewed and evaluated in accordance with established criteria in the RFQ; and WHEREAS, HDR Engineering, Inc. of Omaha, Nebraska submitted a proposal in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein and the City Procurement Code with the work performed at $299,613.38; and WHEREAS, the federal reimbursement amount is the actual costs, not to exceed the negotiated contract amount; and WHEREAS, all aspects of the project must remain eligible for Federal funding and decisions made and actions taken for the project must have adequate supporting documentation filed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of HDR Engineering, Inc. of Omaha, Nebraska for consulting services for a Travel Demand Model and Long Range Transportation Plan 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 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 197 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-10 #2019-199 - Approving Bid Award for Diffuser Replacement; Project No. 2019-WWTP-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/25/2019 Page 198 / 230 Council Agenda Memo From:Jon Menough PE, Wastewater Treatment Plant Engineer Meeting:June 25, 2019 Subject:Approving Bid Award for Diffuser Replacement; Project No. 2019-WWTP-3 Presenter(s):John Collins PE, Public Works Director Background On May 20, 2019 the Engineering Division of the Public Works Department advertised for bids for Diffuser Replacement; Project No. 2019-WWTP-3, for Basin No. 2. This project will replace the existing ethylene propylene diene terpolymer (EPDM) membrane component within the diffuser assemblies in the oxic zones of one (1) aeration basin with a 9- inch membrane diffuser at the Wastewater Treatment Plant. The original membranes were installed in 2012 and require replacement on a seven (7) year cycle. Aeration Basin Grand Island Council Session - 6/25/2019 Page 199 / 230 Discussion Three (3) bids were received and opened on June 12, 2019. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. EXCEPTIONS BID PRICE Environmental Dynamics International, Inc., Columbia, MO None $25,913.00 Fab Tech Wastewater Solutions, LLC, Warrenton, MO None $56,000.00 Philip Carkoski Construction and Trenching, Inc. of Loup City, NE None $61,658.00 There are sufficient funds in the approved 2018/2019 budget to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Environmental Dynamics International, Inc. of Columbia, Missouri in the amount of $25,913.00. Sample Motion Move to approve the bid award. Diffuser Grand Island Council Session - 6/25/2019 Page 200 / 230 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 12, 2019 @ 2:00 p.m. FOR:Diffuser Replacement; Project No. 2019-WWTP-3 DEPARTMENT:Public Works ESTIMATE:$70,000.00 FUND/ACCOUNT:53030055-85213 PUBLICATION DATE:May 20, 2019 NO. POTENTIAL BIDDERS:15 SUMMARY Bidder:Philip Carkoski Construction and Trenching Inc.Environmental Dynamics Loup City. NE Columbia, MO Bid Security:Farmington Casualty Company Cashier’s Check Exceptions:NONE NONE Bid Price:$61,658.00 $25,913.00 Bidder Fab Tech Wastewater Solutions 3 Warrenton, MO Bid Security Employers Mutal Casualty Company Exceptions NONE Bid Price $56,000.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tara Bevard, WW Engineer I P2134 Grand Island Council Session - 6/25/2019 Page 201 / 230 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this _____day of ______________, 2019, by and between ENVIRONMENTAL DYNAMICS INTERNATIONAL, INC., hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of DIFFUSER REPLACEMENT; PROJECT NO. 2019-WWTP-3; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of TWENTY FIVE THOUSAND NINE HUNDRED THIRTEEN & 00/1000 DOLLARS ($25,913.00) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of DIFFUSER REPLACEMENT; PROJECT NO. 2019-WWTP-3. ARTICLE IV. The term of this contract is four (4) months for Aeration Basin No. 2, from award until completion of the scope and satisfaction of the City in accordance with the specifications, unless terminated early. Grand Island Council Session - 6/25/2019 Page 202 / 230 1 | Page City of Grand Island| Contract Agreement Diffuser Replacement; Project No. 2019-WWTP-3 ARTICLE V. It is understood and agreed that time is the essence of the contract. Should the Contractor fail to perform the work within the period of time stipulated in the Contract Agreement, the Contractor shall pay to the City, as liquidated damages and not as a penalty, $250.00 per calendar day of default unless extensions of time granted by the City specifically provide for the waiving of liquidated damages. The City shall have the right to deduct the liquidated damages from any moneys in its hands, otherwise due, or to become due, to the Contractor, or to sue for and recover compensation for damages for non-performance of this contract within the time stipulated. ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VII. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. ARTICLE VIII. During the performance of this contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability and to comply at all times with all applicable state and federal civil rights acts and executive orders of the President of the United States. ARTICLE IX. Every public contractor and their subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE X. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE XI. The City reserves the right to terminate this contract at any time upon sixty (60) days notice. If the contract is terminated, the contractor will be compensated for any services, not in dispute, rendered to date of termination. ARTICLE XII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE XIII. LB 403: Every public consultant and his, her or its subcontractors who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Grand Island Council Session - 6/25/2019 Page 203 / 230 2 | Page City of Grand Island| Contract Agreement Diffuser Replacement; Project No. 2019-WWTP-3 ENVIRONMENTAL DYNAMICS INTERNATIONAL, INC. By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Grand Island Council Session - 6/25/2019 Page 204 / 230 3 | Page City of Grand Island| Contract Agreement Diffuser Replacement; Project No. 2019-WWTP-3 APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "consultant") agrees as follows: (1) Compliance with Regulations: The consultant shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor supplier shall be notified by the consultant of the consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the consultant under the agreement until the consultant complies, and/or (b.) cancellation, termination or suspension of the agreement, in whole or in part. (6) Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any subcontract or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the consultant may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 6/25/2019 Page 205 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-199 WHEREAS, the City of Grand Island invited sealed bids for Diffuser Replacement; Project No. 2019-WWTP-3, according to plans and specifications on file with the Public Works Department; and WHEREAS, on June 12, 2019 bids were received, opened, and reviewed; and WHEREAS, Environmental Dynamics International, Inc. of Columbia, Missouri submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $25,913.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Environmental Dynamics International, Inc. of Columbia, Missouri in the amount of $25,913.00 for Diffuser Replacement; Project No. 20196-WWTP-3 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 206 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item G-11 #2019-200 – Approving Microsoft Licensing Agreement Staff Contact: Patrick Brown Grand Island Council Session - 6/25/2019 Page 207 / 230 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:June 25, 2019 Subject:Approving Microsoft Licensing Enterprise Agreement Presenter(s):Patrick Brown, Finance Director Background In 1997, the City of Grand Island installed a network at City Hall and made the determination to standardize the organization with Microsoft products. On June 14, 2016, Council adopted Resolution 2016-147 approving an agreement for Microsoft software license renewals for a 3-year period ending June 30, 2019. The end of this term necessitates that a contract renewal be completed. This three-year agreement provides licensing for Microsoft products installed on desktops, laptops and servers owned by the City of Grand Island with the exception of the Public Library. The Public Library is entitled to special Microsoft pricing through a Microsoft Select Agreement and TechSoup, which is a 501(c)(3) nonprofit that provides donated and discounted products and services to nonprofits, charities, and public libraries. The types of licenses included in this agreement are Windows operating systems, Office Pro Plus and O365, Windows Servers, Exchange Email Server licenses, Core Client Access and Core CAL Bridge O365 licenses. This agreement also includes Software Assurance benefits, which allow upgrades to the highest version release available throughout the term of the agreement. Discussion Based on the number of users/desktops for the State of Nebraska pool, the City of Grand Island receives the lowest software pricing available for the proposed Microsoft Enterprise Agreement currently held by CDW-G, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 Nebraska State Contract reseller. This agreement is for a term of 36 months beginning July 1, 2019 through June 30, 2022 and is payable in three annual installments of $109,154.48 for a total of $327,463.44. There is also a required annual true-up order for changes since the initial order or last true-up order. The Microsoft Licensing agreement costs are included in the Information Technology Division budget. Grand Island Council Session - 6/25/2019 Page 208 / 230 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the three-year Enterprise Agreement of Microsoft licenses. 2.Disapprove or deny the agreement. 3.Modify the Resolution to meet the wishes of the Council Recommendation City Administration recommends that the Council approve the new three year Microsoft licensing agreement for $327,463.44, payable in three installments of $109,154.48 and an annual true-up order each June to cover added licenses. Sample Motion Move to approve the three-year Microsoft Licensing Agreement with CDW-G, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 in the amount of $327,463.44 and required annual true-up orders each June. Grand Island Council Session - 6/25/2019 Page 209 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 1 of 10 Document X20-10634 Enterprise Enrollment State and Local Enterprise Enrollment number (Microsoft to complete) Framework ID (if applicable) Previous Enrollment number (Reseller to complete) 60092266 This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: “Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. “Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. Grand Island Council Session - 6/25/2019 Page 210 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 2 of 10 Document X20-10634 Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service. “Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. “Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. “Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government. “Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. “Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. “Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. “Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. Grand Island Council Session - 6/25/2019 Page 211 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 3 of 10 Document X20-10634 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. “Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. “Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. Grand Island Council Session - 6/25/2019 Page 212 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 4 of 10 Document X20-10634 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate’s authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate Grand Island Council Session - 6/25/2019 Page 213 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 5 of 10 Document X20-10634 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii) Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. Grand Island Council Session - 6/25/2019 Page 214 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 6 of 10 Document X20-10634 b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly Grand Island Council Session - 6/25/2019 Page 215 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 7 of 10 Document X20-10634 prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. Grand Island Council Session - 6/25/2019 Page 216 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 8 of 10 Document X20-10634 Enrollment Details 1. Enrolled Affiliate’s Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: Enrolled Affiliate only Enrolled Affiliate and all Affiliates Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Include future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Grand Island Contact name* First Robyn Last Splattstoesser Contact email address* Robyns@grand-island.com Street address* 100 E 1st St City* Grand Island Grand Island Council Session - 6/25/2019 Page 217 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 9 of 10 Document X20-10634 State/Province* NE Postal code* 68802-6023 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 308-385-5440 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Stephanie Last Gosda Contact email address* stephanieg@grand-island.com Street address* 100 E 1st St City* Grand Island State/Province* NE Postal code* 68802-6023 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 308-385-5440 Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Last Contact email address* Phone* This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* CDW Logistics, Inc. Street address (PO boxes will not be accepted)* 200 N. Milwaukee Ave. City* Vernon Hills State/Province* IL Postal code* 60061 Country* USA Contact name* Aubrey Styles Phone* 262-237-3805 Contact email address* aubrey.styles@cdw.com * indicates required fields Grand Island Council Session - 6/25/2019 Page 218 / 230 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 10 of 10 Document X20-10634 By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Aubrey Styles Printed title* Microsoft SSA Date* 6.20.2019 * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? Yes, No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. Grand Island Council Session - 6/25/2019 Page 219 / 230 Grand Island Council Session - 6/25/2019 Page 220 / 230 Grand Island Council Session - 6/25/2019 Page 221 / 230 Page 1 of 2 QUOTE CONFIRMATION DEAR STEPHANIE GOSDA, Thank you for considering CDWG for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL KRTH866 6/20/2019 KRTH866 10417391 $109,154.48 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE MS EA WIN ENT SA 143 3878003 $43.68 $6,246.24 Mfg. Part#: KV3-00368-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA CCAL BRIDGE/USER FROM SA 143 4074848 $16.40 $2,345.20 Mfg. Part#: AAA-12416-12-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA OFFICE 365 PLAN E1 ALNG SUB 45 3601652 $63.07 $2,838.15 Mfg. Part#: 7R7-00002-12-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA OFFICE 365 PLAN E3 ALNG SUB 98 3601647 $179.03 $17,544.94 Mfg. Part#: AAA-10758-12-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA VISIO PRO FOR O365 SUB P/U 2 3398837 $134.27 $268.54 Mfg. Part#: N9U-00002-12-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA WIN ENT SA PLTFRM 413 3813261 $41.53 $17,151.89 Mfg. Part#: KV3-00353-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA OFFICE PRO PLUS SA PLAT SLG 413 2084642 $93.58 $38,648.54 Mfg. Part#: 269-12442-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA CORE CAL SA PLAT UCAL SLG 413 2084661 $44.40 $18,337.20 Mfg. Part#: W06-01072-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) Grand Island Council Session - 6/25/2019 Page 222 / 230 Page 2 of 2 QUOTE DETAILS (CONT.) MS EA EXCH SVR STD SA SLG 2 2026945 $124.58 $249.16 Mfg. Part#: 312-02257-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA WIN RDS DCAL SA SLG 50 2026969 $17.71 $885.50 Mfg. Part#: 6VC-01253-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA WIN SVR DCCORE SA MVL 16 4354663 $123.98 $1,983.68 Mfg. Part#: 9EA-00278-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) MS EA WIN SVR STDCORE SA MVL 152 4354666 $17.47 $2,655.44 Mfg. Part#: 9EM-00270-SLG Electronic distribution - NO MEDIA Contract: Sourcewell Formerly NJPA 100614#CDW Software only (100614#CDW) PURCHASER BILLING INFO SUBTOTAL $109,154.48 Billing Address: CITY OF GRAND ISLANDACCOUNTS PAYABLE100 E 1ST STCITY INFORMATION TECHNOLOGYGRAND ISLAND, NE 68801-5971Phone: (308) 385-5444 Payment Terms: Master Card SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $109,154.48 DELIVER TO Please remit payments to: Shipping Address: CITY OF GRAND ISLANDSTEPHANIE GOSDA100 E 1ST STCITY INFORMATION TECHNOLOGYGRAND ISLAND, NE 68801-5971Phone: (308) 385-5444 Shipping Method: ELECTRONIC DISTRIBUTION CDW Government75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Need Assistance? CDWG SALES CONTACT INFORMATION Joe Americus |(877) 693-4690 |joeamer@cdwg.com This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2019 CDWG LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Grand Island Council Session - 6/25/2019 Page 223 / 230 AmendmentApp v4.0 M97 PLSS Page 1 of 1 Amendment to Contract Documents Enrollment Number 7-SJ7SOOVWO This amendment (“Amendment”) is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment is hereby amended to add the following paragraph: The price quoted to Enrolled Affiliate’s Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate’s Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate’s Reseller will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate’s Reseller. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. Microsoft Internal Use Only: (M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(WW)(ENG)(May2018)(IU).docx M97 PLSS This Amendment must be attached to a signature form to be valid. Grand Island Council Session - 6/25/2019 Page 224 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-200 WHEREAS, the Information Technology Division of the Finance Department continually works on maintaining the City’s computer network, computer hardware, software, etc.; and WHEREAS, due to the number of computer users and devices, and the constant need for computer upgrades, it is imperative to consistently maintain the entire city network system; and WHEREAS, on June 14, 2016 by Resolution 2016-147, the City Council of the City of Grand Island authorized the Information Technology Division of the Finance Department to renew software license agreements which include a three-year term expiring June 30, 2019; and WHEREAS, the City of Grand Island can utilize the State of Nebraska negotiated pricing to renew the Enterprise Agreement for a period of three years expiring June 30, 2022; and WHEREAS, the Enterprise agreements have been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the software three-year Microsoft Enterprise Agreement to CDW-G, a Nebraska State Contract reseller at a cost of $327,463.44 to be paid in three annual installments of $109,154.48 and the required annual true-up order for changes since the initial order or last true-up order is, hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 225 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item I-1 #2019-201 - Consideration of Approving CRA Area #16 Blighted and Substandard Study for 569.09 Acres located North of State Street and East of Webb Road (City of Grand Island) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 6/25/2019 Page 226 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-201 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, The Grand Island Community Redevelopment Authority has caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 16; and WHEREAS, Marvin Planning Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, such study was presented to the Grand Island City Council on April 23, 2019, and WHEREAS, on April 23, 2019, the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its June 5, 2019 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on June 25, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 16 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 227 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item I-2 #2019-202 - Consideration of Approving CRA Area #29 Blighted and Substandard Study for 33.18 Acres located South of Wildwood Drive and East of U.S. Highway 281 (Station 31, LLC) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 6/25/2019 Page 228 / 230 Approved as to Form ¤ ___________ June 27, 2019 ¤ City Attorney R E S O L U T I O N 2019-202 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Station 31 LLC, a Nebraska Limited Liability Corporation has caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 29; and WHEREAS, Marvin Planning Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, such study was presented to the Grand Island City Council on April 23, 2019, and WHEREAS, on April 23, 2019, the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its June 5, 2019 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on June 25, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 29 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 25, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/25/2019 Page 229 / 230 City of Grand Island Tuesday, June 25, 2019 Council Session Item J-1 Approving Payment of Claims for the Period of June 12, 2019 through June 25, 2019 The Claims for the period of June 12, 2019 through June 25, 2019 for a total amount of $4,698,439.02. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 6/25/2019 Page 230 / 230