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04-28-2020 City Council Regular Meeting Packet City of Grand Island Tuesday, April 28, 2020 Council Session Agenda City Council: Jason Conley Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Justin Scott Mark Stelk Mayor: Roger G. Steele 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 - 4/28/2020 Page 1 / 104 City of Grand Island Tuesday, April 28, 2020 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 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 - 4/28/2020 Page 2 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item E-1 Public Hearing on Acquisition of Public Right-of-Way for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 (Sandoval- 2420 N North Road) Council action will take place under Consent Agenda item G-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 3 / 104 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 28, 2020 Subject:Public Hearing on Acquisition of Public Right-of-Way for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 (Sandoval- 2420 N North Road) Presenter(s):John Collins PE, Public Works Director Background The North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 is for the improvement of North Road from just north of 13th Street to Highway 2. The Engineering Division of the Public Works Department is proposing a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and related improvements needed to complete the project. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public right-of-way is needed to accommodate intersection improvements for the North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5. The property owner has signed the necessary document to grant the property, as shown on the attached drawing. Engineering staff of the Public Works Department negotiated with the property owner for such purchase. Property Owner Legal Description Amount FIDENCIO A SANDOVAL AND HERMINDA SANDOVAL A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89o30’21”E (ASSUMED BEARING) ON THE $150.00 Grand Island Council Session - 4/28/2020 Page 4 / 104 NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING; THENCE S39o30’50”E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE N00o24’28”W ON SAID EAST LINE, A DISTANCE OF 13.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE N89o30’21”W ON SAID NORTH LINE, A DISTANCE OF 11.09 FEET TO THE POINT OF BEGINNING, CONTAINING 75 SQUARE FEET, MORE OR LESS. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the public right-of-way from the affected property owner, in the amount of $150.00. Sample Motion Move to approve the acquisition. Grand Island Council Session - 4/28/2020 Page 5 / 104 S00°24'28"E 15.11'N3 9 ° 3 0 ' 5 0 "W 3 0 . 7 7 ' N89°30'21"W 104.00'N00°19'52"W 5.00' S89°30'21"E (ASSUMED BEARING) 112.32' N00°24'28"W 13.46' S 3 9 ° 3 0 ' 5 0 " E 1 7 . 5 8 ' N89°30'21"W 11.09' LOT 2 0 SUNS E T S U B D I V I S I O N NW COR. NE1/4 SEC. 11-T11N-R10W POINT OF BEGINNING NW COR. LOT 20 (TEMPORARY CONSTRUCTION EASEMENT) DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 3 11 10/24/2019 R190020 GRAND ISLAND #7 AG/BS 1" = 30' AJG AND NEW RIGHT OF WAY EXHIBIT TEMPORARY CONSTRUCTION EASEMENT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 11 T11NHALL COUNTY R10W P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Easement.dwg, on 1/14/2020 2:21 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 3015 POINT OF BEGINNING (PERMANENT RIGHT OF WAY) NE COR. NE1/4 SEC. 11-T11N-R10W SE COR. NE1/4 SEC. 11-T11N-R10W TEMPORARY CONSTRUCTION EASEMENT (0.02 ACRES) PERMANENT RIGHT OF WAY (75 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA RIGHT OF WAY AREA SECTION LINE CAPITAL AVENUE NORTH ROAD33.00'33.00' PERMANENT RIGHT OF WAY DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89°30'21"E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING; THENCE S39°30'50"E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE N00°24'28"W ON SAID EAST LINE, A DISTANCE OF 13.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE N89°30'21"W ON SAID NORTH LINE, A DISTANCE OF 11.09 FEET TO THE POINT OF BEGINNING, CONTAINING 75 SQUARE FEET, MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89°30'21"E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET; THENCE S39°30'50"E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE S00°24'28"E ON SAID EAST LINE, A DISTANCE OF 15.11 FEET; THENCE N39°30'50"W, A DISTANCE OF 30.77 FEET; THENCE N89°30'21"W, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE 104.00 FEET TO THE WEST LINE OF SAID LOT 20; THENCE N00°19'52"W ON SAID WEST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS. NE COR. LOT 20 Grand Island Council Session - 4/28/2020 Page 6 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item E-2 Public Hearing on Acquisition of Public Utility Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Hall County School District 002- 123 South Webb Road) Council action will take place under Consent Agenda item G-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 7 / 104 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 28, 2020 Subject:Public Hearing on Acquisition of Public Utility Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Hall County School District 002- 123 South Webb Road) Presenter(s):John Collins PE, Public Works Director Background The Old Potash Highway Roadway Improvements; Project No. 2019-P-1 is for improvements to Old Potash Highway, as well as intersecting roadways from North Road to Webb Road. The interaction between the various traffic features is complex, so an overall master plan was created to ensure that the individual projects will function together and address other safety issues in these areas. This plan includes widening and reconfiguring Old Potash Highway, signal and geometric improvements at each intersection, access management throughout the corridor, and improvements to the north and south of the Old Potash Highway corridor. Improvements are needed to allow the corridor to safely handle the ever increasing traffic in this area. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion A public utility easement is needed to accommodate the roadway improvements along Old Potash Highway. The property owner has signed the necessary documents to grant the property, as shown on the attached drawings. Engineering staff of the Public Works Department negotiated a dedication of such easement from the property owner. Grand Island Council Session - 4/28/2020 Page 8 / 104 Property Owner Legal Description HALL COUNTY SCHOOL DISTRICT 002 A TRACT OF LAND LOCATED IN PART OF LOT 11, BLOCK 1, NELSON SECOND SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M.; THENCE ON AN ASSUMBED BEARING OF S89O58’38”E ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 86.67 FEET; THENCE S00O01’22”W A DISTANCE OF 45.04 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89O54’26”E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 29.60 FEET; THENCE S56O46’49”W A DISTANCE OF 82.41 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WEBB ROAD; THENCE S01O27’28”W ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 4.52 FEET; THENCE N44O11’40”E A DISTANCE OF 56.60 FEET TO A POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 758 SF MORE OR LESS. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the public utility easement from the affected property owner for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, at no cost. Sample Motion Move to approve the acquisition. Grand Island Council Session - 4/28/2020 Page 9 / 104 2017-3110PROJECT NO: DRAWN BY: 9.10.2019DATE: LS EXHIBIT UTILITY EASEMENT TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SEC. 19 & 20 T11N-R9W P.O.B. SITE LOCATION Grand Island Council Session - 4/28/2020 Page 10 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item F-1 #9765 - Consideration of Sale of Property Located at 3231 West Schimmer Drive (Parcel No. 400401746) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 11 / 104 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 28, 2020 Subject:Consideration of Sale of Property Located at 3231 West Schimmer Drive (Parcel No. 400401746) Presenter(s):John Collins PE, Public Works Director Background On April 9, 2019, via Resolution No. 2019-127, City Council approved an agreement with Berkshire Hathaway Home Services Da-Ly Realty of Grand Island, Nebraska for real estate services at 3231 West Schimmer Drive (Parcel No. 400401746). With no City use for this parcel the sale of such will eliminate maintenance costs and liability for the City. Two (2) offers have been received on the subject property, which requires City Council approval. Below are the offers submitted to the Public Works Administration office. Offeror Purchase Price Conditions Midwest Waste Trucks, LLC $136,001.00 None 3 Diamonds, Inc.$125,000.00 None Discussion The Proposed Real Estate Purchase Agreement (the “Agreement”) would, if approved by City Council through adoption of an ordinance, authorize the execution of the Agreement and direct the sale of the above-mentioned property to Midwest Waste Trucks, LLC, which submitted the high bid. As provided by law, notice of the sale and the terms of sale are required to be published for three (3) consecutive weeks in a newspaper published for general circulation in the City of Grand Island. The City Clerk is directed and instructed to prepare and publish said notice. The electors of the City of Grand Island may file a remonstrance against the Grand Island Council Session - 4/28/2020 Page 12 / 104 sale of the real estate. If a remonstrance petition against the sale is signed by registered voters of the City of Grand Island equal in number to thirty percent (30%) of the registered voters of the City of Grand Island voting at the last regular city election held in the City and filed with the City Council within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. 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 adopt the Ordinance approving the Purchase Sale Agreement with Midwest Waste Trucks, LLC and directing the sale subject to public remonstrance. Sample Motion Move to approve the ordinance. Grand Island Council Session - 4/28/2020 Page 13 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney ORDINANCE NO. 9765 An ordinance directing and authorizing the sale of Parcel No. 400401746, addressed as 3231 West Schimmer Drive, City of Grand Island, Hall County, Nebraska to Midwest Waste Trucks, LLC; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance by warranty deed to Midwest Waste Trucks, LLC, a Nebraska Limited Liability Company (“Buyer”), of the City’s interests in and to Parcel No. 400401746, address as 3231 West Schimemr Drive, Grand Island, Hall County, Nebraska is hereby approved and authorized. SECTION 2. Consideration for such conveyance shall be One Hundred Thirty Six Thousand One Dollars and 00/100 ($136,001.00) and other valuable considerations. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three (3) consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority if hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent (30%) of the registered voters of the City of Grand Island Grand Island Council Session - 4/28/2020 Page 14 / 104 ORDINANCE NO. 9765 (Cont.) - 2 - voting at the last regular municipal election held in such City be filed with the City Council within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one (1) year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Buyer, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: April 28, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 15 / 104 Grand Island Council Session - 4/28/2020 Page 16 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-1 Approving Minutes of April 14, 2020 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 4/28/2020 Page 17 / 104 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 14, 2020 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 April 14, 2020. Notice of the meeting was given in The Grand Island Independent on April 8, 2020. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present by Zoom: Mike Paulick, Justin Scott, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke, Clay Schutz, Mitch Nickerson, and Chuck Haase. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof, and Public Works Director John Collins. PUBLIC HEARINGS: Public Hearing on Request from Bosselman Pump & Pantry, Inc., dba Pump & Pantry 52, 3210 Old Potash Highway for a Class “D” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “D” Liquor License had been received from Bosselman Pump & Pantry, Inc., dba Pump & Pantry 52, 3210 Old Potash Highway. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 13, 2020; notice to the general public of date, time, and place of hearing published on April 4, 2020; notice to the applicant of date, time, and place of hearing mailed on March 16, 2020. Staff recommended approval contingent upon completion of a state approved alcohol server/seller training program. No public testimony was heard. Public Hearing on Request from Axe Holes, LLC dba Axe Holes, 2300 N. Webb Road, Suite 109 for a Class “A” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “A” Liquor License had been received from Axe Holes, LLC dba Axe Holes, 2300 N. Webb Road, Suite 109. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 13, 2020; notice to the general public of date, time, and place of hearing published on April 4, 2020; notice to the applicant of date, time, and place of hearing mailed on March 16, 2020. Staff recommended approval contingent upon final inspections. Eric Christensen, 2610 So. Engleman Road, Alda, Nebraska spoke in support. No further public testimony was heard. Public Hearing on the Redevelopment Plan for CRA No. 1 (Paramount Development, LLC) located at 824 East 9th Street, Grand Island, Nebraska. Regional Planning Director Chad Nabity reported that Paramount Development LLC had submitted an application for tax increment financing to aid in acquisition of property, demolition of an existing structure and site preparation for the construction of a five-unit townhome style apartment building at 824 East 9th Street. Staff recommended approval. Sonja Weinrich, 1522 So. Gunbarrel Road was present to answer questions. No further public testimony was heard. Grand Island Council Session - 4/28/2020 Page 18 / 104 Page 2, City Council Regular Meeting, April 14, 2020 Public Hearing on Acquisition of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (T & E Cattle Company- Parcel No. 400150212 & 400150220); South of Faidley Avenue, East of North Road. Public Works Director John Collins reported that public right-of-way was needed to accommodate intersection improvements for the Old Potash Highway Roadway Improvements; Project No. 2019-P-1, as well as allow for an outlet at the existing Kaufmann detention cell and improve drainage in the Kaufman Avenue area. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility/Access, Drainage and Sidewalk Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Big B, Inc.-Parcel No. 400150212-S of Faidley Ave, E of North Rd & Little B’s Corporation-Parcel No. 400150689-S of Old Potash Hwy, E of North Rd. Public Works Director John Collins reported that a public utility/access easement, drainage easement, and sidewalk easement were needed to accommodate the roadway improvements along Old Potash Highway. 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: #9765 - Consideration of Sale of Property Located at 3231 West Schimmer Drive (Parcel No. 400401746) (Pulled at the request of the Public Works Department.) #9768 - Consideration of Vacation of Public Utility Easement in Lassonde Subdivision; South of Capital Avenue, West of Ord Branch Union Pacific Railroad Track (Grand Island Area Habitat for Humanity, Inc.) #9769 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative to the Directed Health Measure Violations 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. #9768 - Consideration of Vacation of Public Utility Easement in Lassonde Subdivision; South of Capital Avenue, West of Ord Branch Union Pacific Railroad Track (Grand Island Area Habitat for Humanity, Inc.) Public Works Director John Collins reported that the current property owner/developer of Lassonde Third Subdivision was requesting to vacate such dedicated easement that currently lies within Lassonde Third Subdivision, Lot One (1) through Lot Eight (8). There were no utilities currently or proposed within these easements that would be affected by the vacation. Staff recommended approval. Motion by Paulick, second by Minton to approve Ordinance #9768. Grand Island Council Session - 4/28/2020 Page 19 / 104 Page 3, City Council Regular Meeting, April 14, 2020 City Clerk: Ordinance #9768 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9768 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9768 is declared to be lawfully adopted upon publication as required by law. #9769 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative to the Directed Health Measure Violations Interim City Attorney Stacy Nonhof reported that Directed Health Measures had been issued by the State and the local Health Department. Currently, the City had no section in the Grand Island City Code for a violation of one of those orders. This Ordinance would amend Chapter 20 of the Grand Island City Code to allow a $100.00 fine per citation for violations of all Directed Health Measurers. Staff recommended approval. Discussion was held regarding the amount of the fine and getting this information to the public. Motion by Paulick, second by Haase to approve Ordinance #9769. City Clerk: Ordinance #9769 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9769 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9769 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-4 (Resolution #2020-87) was removed for further discussion. Motion by Paulick, second by Hehnke to approve the Consent Agenda excluding item G-4. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 24, 2020 City Council Regular Meeting. Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street. #2020-86 - Approving Request from Bosselman Pump & Pantry, Inc., dba Pump & Pantry 52, 3210 Old Potash Highway for a Class “D” Liquor License and Liquor Manager Designation for Brian Fausch, 2009 West Hwy 34. Grand Island Council Session - 4/28/2020 Page 20 / 104 Page 4, City Council Regular Meeting, April 14, 2020 #2020-87 - Approving Request from Axe Holes, LLC dba Axe Holes, 2300 N. Webb Road, Suite 109 for a Class “A” Liquor License and Liquor Manager Designation for Eric Christensen, 2610 So. Engleman Road, Alda, Nebraska. Eric Christensen, 2610 So. Engleman Road, Alda, Nebraska answered questions from Council about their concerns regarding axe throwing and drinking. Motion by Minton, second by Nickerson to approve Resolution #2020-87. Upon roll call vote, Councilmembers Conley, Haase, Hehnke, Jones, Nickerson, Paulick, Schutz, Scott, and Stelk voted aye. Councilmember Minton voted no. Motion adopted. #2020-88 - Approving Engineering Services for the Affordable Clean Energy Rule with RMB of Raleigh, North Carolina in an Amount not to exceed $65,000.00. #2020-89 - Approving Amendment #1 to the Transmission Operating Agreement between the City of Grand Island Utilities Department and Omaha Public Power District. #2020-90 - Approving Award of Proposal for Community Meeting Room Audio/Video Update at Law Enforcement Center with AVI Systems of Omaha, Nebraska in an Amount of $43,814.29. #2020-91 - Approving Application for the Nebraska Public Transportation Assistance Program for Implementation of a Transit Program with the Senior Citizens Industries, Inc. in an Amount not to exceed $187,101.00. #2020-92 - Approving Bid Award for Final Clarifier No. 2 Renovation; Project No. 2020- WWTP-2 with Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in and Amount of $168,000.00. #2020-93 - Approving Acquisition of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (T & E Cattle Company- Parcel No. 400150212 & 400150220); South of Faidley Avenue, East of North Road. #2020-94 - Approving Acquisition of Public Utility/Access, Drainage and Sidewalk Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Big B, Inc.-Parcel No. 400150212-S of Faidley Ave, E of North Rd & Little B’s Corp.-Parcel No. 400150689-S of Old Potash Hwy, E of North Rd. #2020-95 - Approving Bid Award for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation; Project No. 2017-WWTP-2 with Sampson Construction Co., Inc. of Grand Island, Nebraska in an Amount of $3,454,000.00. #2020-96 - Approving Change Order No. 3 for Downtown Sanitary Sewer Rehabilitation- 2019; Project No. 2019-S-1 with Municipal Pipe Tool Co., Inc. of Hudson, Iowa for a decrease of $52,557.00 and a Revised Contract Amount of $648,483.00. #2020-97 - Approving Changes to the Waiver Fine Schedule Relative to the Directed Health Measure. Grand Island Council Session - 4/28/2020 Page 21 / 104 Page 5, City Council Regular Meeting, April 14, 2020 #2020-98 - Approving Final Plat and Subdivision Agreement for GIPS South Subdivision. It was noted that Hall County District 2, owner, had submitted the Final Plat and Subdivision Agreement for GIPS South Subdivision located between Custer Avenue and Lafayette Avenue north of State Street and including the vacated College Street for the purpose of creating 7 lots and 1 outlot on 21.07 acres. RESOLUTIONS: #2020-99 - Consideration of Approving the Redevelopment Plan for CRA No. 1 (Paramount Development, LLC) located at 824 East 9th Street, Grand Island, Nebraska. This item was related to the aforementioned Public Hearing. Motion by Minton, second by Paulick to approve Resolution #2020-99. Upon roll call vote, all voted aye. Motion adopted. #2020-100 - Consideration of Approving Resolution Directing Property Owner to Reroute Sump Pump Discharge at 2525 Del Monte Avenue. This item was pulled from the agenda at the request of the Public Works Department. #2020-101 - Consideration of Approving Refunding Annual Golf Passes at Jackrabbit Run Golf Course. Parks and Recreation Director Todd McCoy reported that due to COVID-19 and the closure of the Jackrabbit Run Golf Course, City Administration recommended refunding all annual passes, cart passes, and unused prepaid rounds to patrons totaling about $115,000.00. Discussion was held regarding the refunds. Several Councilmembers thought this was pre-mature and that we should wait and see if the golf course would open at a later date this year. City Administrator Jerry Janulewicz explained the process they went through to come up with this recommendation. Motion by Haase, second by Minton to deny Resolution #2020-101. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Hehnke to approve the payment of claims for the period of March 25, 2020 through April 14, 2020 for a total amount of $5,566,854.88. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:08 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/28/2020 Page 22 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-2 #2020-102 - Approving Acquisition of Public Right-of-Way for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 (Sandoval- 2420 N North Road) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 23 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-102 WHEREAS, public right-of-way is required by the City of Grand Island, from Fidencio A. Sandoval and Herminda Sandoval at 2420 N North Road, Grand Island, Hall County, Nebraska and more particularly described as follows: Fidencio A. Sandoval and Herminda Sandoval– $150.00 A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89o30’21”E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING; THENCE S39o30’50”E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE N00o24’28”W ON SAID EAST LINE, A DISTANCE OF 13.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE N89o30’21”W ON SAID NORTH LINE, A DISTANCE OF 11.09 FEET TO THE POINT OF BEGINNING, CONTAINING 75 SQUARE FEET, MORE OR LESS. WHEREAS, an Agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tract of land, in the amount of $150.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 24 / 104 S00°24'28"E 15.11'N3 9 ° 3 0 ' 5 0 "W 3 0 . 7 7 ' N89°30'21"W 104.00'N00°19'52"W 5.00' S89°30'21"E (ASSUMED BEARING) 112.32' N00°24'28"W 13.46' S 3 9 ° 3 0 ' 5 0 " E 1 7 . 5 8 ' N89°30'21"W 11.09' LOT 2 0 SUNS E T S U B D I V I S I O N NW COR. NE1/4 SEC. 11-T11N-R10W POINT OF BEGINNING NW COR. LOT 20 (TEMPORARY CONSTRUCTION EASEMENT) DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 3 11 10/24/2019 R190020 GRAND ISLAND #7 AG/BS 1" = 30' AJG AND NEW RIGHT OF WAY EXHIBIT TEMPORARY CONSTRUCTION EASEMENT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 11 T11NHALL COUNTY R10W P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Easement.dwg, on 1/14/2020 2:21 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 3015 POINT OF BEGINNING (PERMANENT RIGHT OF WAY) NE COR. NE1/4 SEC. 11-T11N-R10W SE COR. NE1/4 SEC. 11-T11N-R10W TEMPORARY CONSTRUCTION EASEMENT (0.02 ACRES) PERMANENT RIGHT OF WAY (75 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA RIGHT OF WAY AREA SECTION LINE CAPITAL AVENUE NORTH ROAD33.00'33.00' PERMANENT RIGHT OF WAY DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89°30'21"E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING; THENCE S39°30'50"E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE N00°24'28"W ON SAID EAST LINE, A DISTANCE OF 13.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE N89°30'21"W ON SAID NORTH LINE, A DISTANCE OF 11.09 FEET TO THE POINT OF BEGINNING, CONTAINING 75 SQUARE FEET, MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89°30'21"E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET; THENCE S39°30'50"E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE S00°24'28"E ON SAID EAST LINE, A DISTANCE OF 15.11 FEET; THENCE N39°30'50"W, A DISTANCE OF 30.77 FEET; THENCE N89°30'21"W, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE 104.00 FEET TO THE WEST LINE OF SAID LOT 20; THENCE N00°19'52"W ON SAID WEST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS. NE COR. LOT 20 Grand Island Council Session - 4/28/2020 Page 25 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-3 #2020-103 - Approving Temporary Construction Easement for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 (Sandoval- 2420 N North Road) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 26 / 104 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 28, 2020 Subject:Approving Temporary Construction Easement for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 (Sandoval- 2420 N North Road) Presenter(s):John Collins PE, Public Works Director Background The North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 is for the improvement of North Road from just north of 13th Street to Highway 2. The Engineering Division of the Public Works Department is proposing a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and related improvements needed to complete the project. A Temporary Construction easement is needed to accommodate the construction activities for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5, which must be approved by City Council. The temporary construction easement will allow for the roadway improvements to this area. A sketch is attached to show the temporary construction easement area. Discussion A temporary construction easement is needed from one (1) property owner for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 to be constructed. Engineering staff of the Public Works Department negotiated with the property owner for use of such temporary construction easement. Grand Island Council Session - 4/28/2020 Page 27 / 104 Property Owner Legal Description Amount FIDENCIO A. SANDOVAL AND HERMINDA SANDOVAL A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89o30’21”E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET; THENCE S39o30’50”E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE S00o24’28”E ON SAID EAST LINE, A DISTANCE OF 15.11 FEET; THENCE N39o30’50”W, A DISTANCE OF 30.77 FEET; THENCE N89o30’21”W, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE 104.00 FEET TO THE WEST LINE OF SAID LOT 20; THENCE N00o19’52”W ON SAID WEST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 771 SQUARE FEET, MORE OR LESS. $160.00 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 the Temporary Construction Easement between the City of Grand Island and the affected property owner for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5, in the amount of $160.00. Sample Motion Move to approve the temporary construction easement. Grand Island Council Session - 4/28/2020 Page 28 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-103 WHEREAS, a temporary construction easement is required by the City of Grand Island, from an affected property owner in North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5 project area: Fidencio A. Sandoval and Herminda Sandoval– $160.00 A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89o30’21”E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET; THENCE S39o30’50”E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE S00o24’28”E ON SAID EAST LINE, A DISTANCE OF 15.11 FEET; THENCE N39o30’50”W, A DISTANCE OF 30.77 FEET; THENCE N89o30’21”W, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE 104.00 FEET TO THE WEST LINE OF SAID LOT 20; THENCE N00o19’52”W ON SAID WEST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 771 SQUARE FEET, MORE OR LESS. WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owner for the Temporary Construction easement on the above described tract of land, in the total amount of $160.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 29 / 104 S00°24'28"E 15.11'N3 9 ° 3 0 ' 5 0 "W 3 0 . 7 7 ' N89°30'21"W 104.00'N00°19'52"W 5.00' S89°30'21"E (ASSUMED BEARING) 112.32' N00°24'28"W 13.46' S 3 9 ° 3 0 ' 5 0 " E 1 7 . 5 8 ' N89°30'21"W 11.09' LOT 2 0 SUNS E T S U B D I V I S I O N NW COR. NE1/4 SEC. 11-T11N-R10W POINT OF BEGINNING NW COR. LOT 20 (TEMPORARY CONSTRUCTION EASEMENT) DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 3 11 10/24/2019 R190020 GRAND ISLAND #7 AG/BS 1" = 30' AJG AND NEW RIGHT OF WAY EXHIBIT TEMPORARY CONSTRUCTION EASEMENT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 11 T11NHALL COUNTY R10W P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Easement.dwg, on 1/14/2020 2:21 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 3015 POINT OF BEGINNING (PERMANENT RIGHT OF WAY) NE COR. NE1/4 SEC. 11-T11N-R10W SE COR. NE1/4 SEC. 11-T11N-R10W TEMPORARY CONSTRUCTION EASEMENT (0.02 ACRES) PERMANENT RIGHT OF WAY (75 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA RIGHT OF WAY AREA SECTION LINE CAPITAL AVENUE NORTH ROAD33.00'33.00' PERMANENT RIGHT OF WAY DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89°30'21"E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING; THENCE S39°30'50"E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE N00°24'28"W ON SAID EAST LINE, A DISTANCE OF 13.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE N89°30'21"W ON SAID NORTH LINE, A DISTANCE OF 11.09 FEET TO THE POINT OF BEGINNING, CONTAINING 75 SQUARE FEET, MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 20, SUNSET SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20, SUNSET SUBDIVISION; THENCE S89°30'21"E (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 112.32 FEET; THENCE S39°30'50"E, A DISTANCE OF 17.58 FEET TO THE EAST LINE OF SAID LOT 20; THENCE S00°24'28"E ON SAID EAST LINE, A DISTANCE OF 15.11 FEET; THENCE N39°30'50"W, A DISTANCE OF 30.77 FEET; THENCE N89°30'21"W, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE 104.00 FEET TO THE WEST LINE OF SAID LOT 20; THENCE N00°19'52"W ON SAID WEST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS. NE COR. LOT 20 Grand Island Council Session - 4/28/2020 Page 30 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-4 #2020-104 - Approving Acquisition of Public Utility Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P- 1 (Hall County School District 002- 123 South Webb Road) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 31 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-104 WHEREAS, a public utility easement is required by the City of Grand Island, from an affected property owner in Old Potash Highway Roadway Improvements; Project No. 2019-P-1 project area: Property Owner Legal Description HALL COUNTY SCHOOL DISTRICT 002 A TRACT OF LAND LOCATED IN PART OF LOT 11, BLOCK 1, NELSON SECOND SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M.; THENCE ON AN ASSUMBED BEARING OF S89O58’38”E ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 86.67 FEET; THENCE S00O01’22”W A DISTANCE OF 45.04 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89O54’26”E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 29.60 FEET; THENCE S56O46’49”W A DISTANCE OF 82.41 FEET TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF WEBB ROAD; THENCE S01O27’28”W ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 4.52 FEET; THENCE N44O11’40”E A DISTANCE OF 56.60 FEET TO A POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 758 SF MORE OR LESS. WHEREAS, an agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public utility easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 32 / 104 2017-3110PROJECT NO: DRAWN BY: 9.10.2019DATE: LS EXHIBIT UTILITY EASEMENT TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SEC. 19 & 20 T11N-R9W P.O.B. SITE LOCATION Grand Island Council Session - 4/28/2020 Page 33 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-5 #2020-105 - Approving Temporary Construction Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Hall County School District 002- 123 South Webb Road) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/28/2020 Page 34 / 104 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 28, 2020 Subject:Approving Temporary Construction Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Hall County School District 002- 123 South Webb Road) Presenter(s):John Collins PE, Public Works Director Background The Old Potash Highway Roadway Improvements; Project No. 2019-P-1 is for improvements to Old Potash Highway, as well as intersecting roadways from North Road to Webb Road. The interaction between the various traffic features is complex, so an overall master plan was created to ensure that the individual projects will function together and address other safety issues in these areas. This plan includes widening and reconfiguring Old Potash Highway, signal and geometric improvements at each intersection, access management throughout the corridor, and improvements to the north and south of the Old Potash Highway corridor. Improvements are needed to allow the corridor to safely handle the ever increasing traffic in this area. A Temporary Construction easement is needed to accommodate the construction activities for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, which must be approved by City Council. The temporary construction easement will allow for the roadway improvements to this area. A sketch is attached to show the temporary construction easement area. Discussion A temporary construction easement is needed from one (1) property owner for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 to be constructed. Engineering staff of the Public Works Department negotiated with the property owner for use of such temporary construction easement, at no cost to the City. Grand Island Council Session - 4/28/2020 Page 35 / 104 Property Owner Legal Description HALL COUNTY SCHOOL DISTRICT 002 A TRACT OF LAND IN PART OF LOT 10 & 11, NELSON SECOND SUBDIVISION, GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP NINETEEN (19) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M.; THENCE ON ASSUMED BEARING S89o59’36”W ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 116.27 FEET; THENCE S00o01’22”W A DISTANCE OF 45.04 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N89o54’26”E ALONG THE NORTH LINE OF SAID LOTS 10 & 11, A DISTANCE OF 105.42 FEET; THENCE S00o05’34”E A DISTANCE OF 5.00 FEET; THENCE S89o54’26”W PARALLEL TO AND 5.00 FEET SOUTH OF THE NORTH LINE OF SAID LOTS 10 & 11, A DISTANCE OF 110.00 FEET; THENCE S44o40’25”W A DISTANCE OF 90.68 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WEBB ROAD; THENCE N01o27’28”W ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 24.35 FEET TO THE SOUTHWEST CORNER OF A PROPOSE UTILITY EASEMENT; THENCE N56o46’49”E ALONG THE SOUTHWEST LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 82.41 FEET TO A POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,404 SF MORE OR LESS. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easement between the City of Grand Island and the affected property owner for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, at no cost. Sample Motion Move to approve the temporary construction easement. Grand Island Council Session - 4/28/2020 Page 36 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-105 WHEREAS, a temporary construction easement is required by the City of Grand Island, from an affected property owner in Old Potash Highway Roadway Improvements; Project No. 2019-P-1 project area: Hall County School District 002 A TRACT OF LAND IN PART OF LOT 10 & 11, NELSON SECOND SUBDIVISION, GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 19, TOWNSHIP NINETEEN (19) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M.; THENCE ON ASSUMED BEARING S89o59’36”W ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 116.27 FEET; THENCE S00o01’22”W A DISTANCE OF 45.04 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N89o54’26”E ALONG THE NORTH LINE OF SAID LOTS 10 & 11, A DISTANCE OF 105.42 FEET; THENCE S00o05’34”E A DISTANCE OF 5.00 FEET; THENCE S89o54’26”W PARALLEL TO AND 5.00 FEET SOUTH OF THE NORTH LINE OF SAID LOTS 10 & 11, A DISTANCE OF 110.00 FEET; THENCE S44o40’25”W A DISTANCE OF 90.68 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WEBB ROAD; THENCE N01o27’28”W ALONG THE SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 24.35 FEET TO THE SOUTHWEST CORNER OF A PROPOSE UTILITY EASEMENT; THENCE N56o46’49”E ALONG THE SOUTHWEST LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 82.41 FEET TO A POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,404 SF MORE OR LESS. WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owner for the Temporary Construction easement on the above described tract of land, at no cost. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 37 / 104 2017-3110PROJECT NO: DRAWN BY: 1.9.2020DATE: LS EXHIBITTEMPORARY EASEMENT TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 P.O.B. SEC. 19 & 20 T11N-R9W SE COR. SITE LOCATION Grand Island Council Session - 4/28/2020 Page 38 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-6 #2020-106 - Approving Community Development Block Grant Public Service Agreement with The Literacy Council Staff Contact: Amber Alvidrez Grand Island Council Session - 4/28/2020 Page 39 / 104 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:April 28, 2020 Subject:Approving CDBG Contract #2018-8 with The Literacy Council Presenter(s):Amber Alvidrez, Community Development Administrator Background In October 2018, the City of Grand Island was awarded an annual allocation of $414,017 from the United States Department of Housing and Urban Development’s Community Development Block Grant Program. In August 2018, City Council approved the 2018- 2019 Annual Action Plan, which included various projects throughout Grand Island, all of which benefit low to moderate income persons or areas. Each one of these projects requires a separate contract, which comes before City Council. Discussion As part of the 2018-2019 Annual Action Plan, the Community Development Division created a “Public Service” grant to be awarded to a Grand Island area non-profit service provider for the benefit of low-to-moderate income persons in the City of Grand Island. On June 7, 2019 the Community Development Division released a “Notice of Available Funds” to Continuum of Care members and other non-profit groups Application guidelines and the application for funds were available on the City’s website. The application deadline was July 15, 2019. After internal review and communication with the Entitlement Stakeholders, it was recommended to award CDBG funds to The Literacy Council for their expansion of services. The Literacy Council currently offers ESL and tutoring for adults, and life skills classes, with this expansion The Literacy Council plans to hire teachers to instruct group classes, and expand their Language Lab by adding additional equipment and software, with the recent purchase of a new building. This funding allocation will provide opportunities for non-English speaking individuals to learn the skills necessary to obtain employment, education and productivity within the community of Grand Island. Grand Island Council Session - 4/28/2020 Page 40 / 104 For these reasons, the City of Grand Island has allocated twenty thousand dollars and no cents ($20,000) from the Community Development Block Grant program to assist the Literacy Council of Grand Island in their expansion of services. The Literacy Council will have twelve months to expend the allotted funds. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approves CDBG Contract #2018-8 with The Literacy Council and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2018-8 with The Literacy Council of Grand Island. Grand Island Council Session - 4/28/2020 Page 41 / 104 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 14th day of April, 2020 by and between the City of Grand Island ("City/Grantee,") and The Literacy Council of Grand Island ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a public service with the use of CDBG Fiscal Year 2019 Entitlement funding in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery The Literacy Council shall use Twenty thousand dollars and 00/100($20,000.00) of Community Development Block Grant funds for expansion of their Literacy and English proficiency services and programs, as submitted in the application for Community Development Block Grant (CDBG) funds dated (August 16, 2018) toward the goal of serving a low to moderate income persons within the city limits of Grand Island by providing literacy skills. The Literacy Council’s various programs will serve at a minimum of 600 persons. Fifty-one percent (51%) of these persons will be of low to moderate income (below 80% of average medium income). The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: Grand Island Council Session - 4/28/2020 Page 42 / 104 2 a.Provide educational literacy services to adults including but not limited to, literacy and English language services. b.Purchase and/or obtain the necessary furniture and office equipment needed to effectively serve new amount of clientele. c. Completely all necessary reporting including quarterly reporting, and income surveys on clientele. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Benefit low- and/or moderate-income persons. Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.The Literacy Council is to provide quarterly reports on achievements and program impact to include a.Number of households served b.A summary of project progress c.Client Demographics d.Income surveys Units of Service include: The Sub-recipient’s progress will be monitored by the amount of units served, each unit being one person that receives services. The Sub-recipient will benefit a minimum of 100 persons, 51 persons served must be low to moderate income (80 % AMI or below) and 49 persons may be any income range. E. Project Description Type of Project: Low To moderate Income Benefit Project Location: City of Grand Island Service Area: City of Grand Island Project: 2018-8 Basic Eligibility Citation: 24 CFR 570.201 Amount Funded: $20,000.00 F. Performance Monitoring The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being Grand Island Council Session - 4/28/2020 Page 43 / 104 3 satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance The Literacy Council shall perform the services set out above, and shall expend the Community Development Block Grant funding provided for above between April 14, 2020 and April 13, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG funds or other CDBG assets, including program income. H. Budget The Literacy Council shall use Twenty Thousand Dollars &00/100 ($20,000.00) of Community Development Block Grant funds provided for the expansion of services provided by the Literacy Council. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to pay the Sub recipient an amount not to exceed Twenty Thousand and 00/100 Dollars ($20,000.00). There are no eligible delivery costs. Payments may be contingent upon certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. a. Draw-down requests may be submitted to the Community Development Grand Island Council Session - 4/28/2020 Page 44 / 104 4 Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient committing or expending any Community Development Block Grant funds.. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. Housing projects will require environmental reviews to be conducted on each property as it is identified. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. K. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) L. Implementation Schedule CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. L. Sources and Uses of Funds (if applicable) not applicable Grand Island Council Session - 4/28/2020 Page 45 / 104 5 M. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s meeting, Davis Bacon regulations apply. N. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. 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. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island The Literacy Council ATTN: Community Development Division Karla McGeorge 100 East First Street 312 N. Elm Grand Island NE, 68801-1968 Grand Island NE, 68801 Telephone: (308)385-5444 ext. 212 Telephone:308-385-5515 Fax: (308) 385-5488 Fax: SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. Grand Island Council Session - 4/28/2020 Page 46 / 104 6 The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition The Sub recipient shall ensure recognition of the role of the City/Grantee 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 Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Grand Island Council Session - 4/28/2020 Page 47 / 104 7 G. Amendments The City/Grantee or Sub recipient 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 the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. 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/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms 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 HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient 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 Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. Grand Island Council Session - 4/28/2020 Page 48 / 104 8 In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, 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. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of Grand Island Council Session - 4/28/2020 Page 49 / 104 9 suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet Grand Island Council Session - 4/28/2020 Page 50 / 104 10 eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs Grand Island Council Session - 4/28/2020 Page 51 / 104 11 The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At Grand Island Council Session - 4/28/2020 Page 52 / 104 12 conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. E. Use & Reversion of Assets Grand Island Council Session - 4/28/2020 Page 53 / 104 13 Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and Grand Island Council Session - 4/28/2020 Page 54 / 104 14 either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and Grand Island Council Session - 4/28/2020 Page 55 / 104 15 C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with Grand Island Council Session - 4/28/2020 Page 56 / 104 16 assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its Grand Island Council Session - 4/28/2020 Page 57 / 104 17 agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall Grand Island Council Session - 4/28/2020 Page 58 / 104 18 cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub Grand Island Council Session - 4/28/2020 Page 59 / 104 19 recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to Grand Island Council Session - 4/28/2020 Page 60 / 104 20 the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept Grand Island Council Session - 4/28/2020 Page 61 / 104 21 gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, 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 contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. 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 agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. Grand Island Council Session - 4/28/2020 Page 62 / 104 22 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. Grand Island Council Session - 4/28/2020 Page 63 / 104 23 D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, 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 XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grand Island Council Session - 4/28/2020 Page 64 / 104 24 Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ____ __________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: The Literacy Council of Grand Island Date _____________________________ By____________________________________ , Executive Director Date By Board President Grand Island Council Session - 4/28/2020 Page 65 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-106 WHEREAS, the City of Grand Island, Nebraska was awarded a $414,017 as part of the United States Department of Housing and Urban Development’s Community Development Block Grant (CDBG) Program; and WHEREAS, City Council approved the 2018-2019 Annual Action Plan; and WHEREAS, The Literacy Council of Grand Island has been awarded a grant which makes use of CDBG Funds; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization to identified in the 2018-2019 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that The City of Grand Island, Nebraska is hereby authorized to enter into a Sub-Recipient Agreement with The Literacy Council and the Mayor is hereby authorized and directed to execute such contracts. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 66 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item G-7 #2020-107 - Approving Trail Agreement with the Nebraska Department of Transportation Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 4/28/2020 Page 67 / 104 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:April 28, 2020 Subject:Nebraska DOT Agreement to Construct Trail Connection under Hwy 281 Presenter:Todd McCoy, Parks and Recreation Director Background One of the main goals of the Grand Island Bike/Ped Master Plan is to remove or improve barriers that discourage people from walking or biking for transportation and recreation. The Bike/Ped Master Plan specifically identified Highway 281 as the top pedestrian barrier in Grand Island. Phase one of the master plan recommends a project under Hwy 281 connecting the Stuhr Trail to a new privately constructed hospital development trail using an existing bridge over a drainage swale. Grand Island Council Session - 4/28/2020 Page 68 / 104 The image below illustrates the first phase of recommended projects. The below arrow indicates the barrier project under Hwy 281south of town. The connection under Hwy 281 is valuable because it not only provides access across a major pedestrian barrier but is also a critical component of the overall connectivity of the network illustrated below. Grand Island Council Session - 4/28/2020 Page 69 / 104 The timing of the proposed project is good because of the work currently underway to build the new hospital located at the corner of Husker Highway and Hwy 281. Private construction of a 10’ trail in conjunction with the hospital development project is nearly complete. Discussion The first step for completing the Hwy 281 trail connection is to receive approval from the Nebraska Department of Transportation (NDOT) to complete the work under Hwy 281. An agreement between the NDOT and City of Grand Island is required for the approval. A future City funded construction project of approximately $20,000 will be the second step to connect the existing City trail east of Hwy 281 with the privately constructed trail to the west. If approved, Food and Beverage funds will be used for the project. Grand Island Council Session - 4/28/2020 Page 70 / 104 Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Take no action on the issue. Recommendation City Administration recommends that Council approves the agreement with the Nebraska Department of Transportation (NDOT) to construct a trail connection under Highway 281. Sample Motion Move to approve the agreement with NDOT. Grand Island Council Session - 4/28/2020 Page 71 / 104 Grand Island Council Session - 4/28/2020 Page 72 / 104 Grand Island Council Session - 4/28/2020 Page 73 / 104 Grand Island Council Session - 4/28/2020 Page 74 / 104 Grand Island Council Session - 4/28/2020 Page 75 / 104 Grand Island Council Session - 4/28/2020 Page 76 / 104 Grand Island Council Session - 4/28/2020 Page 77 / 104 Grand Island Council Session - 4/28/2020 Page 78 / 104 Grand Island Council Session - 4/28/2020 Page 79 / 104 Grand Island Council Session - 4/28/2020 Page 80 / 104 Grand Island Council Session - 4/28/2020 Page 81 / 104 Grand Island Council Session - 4/28/2020 Page 82 / 104 Grand Island Council Session - 4/28/2020 Page 83 / 104 Grand Island Council Session - 4/28/2020 Page 84 / 104 Grand Island Council Session - 4/28/2020 Page 85 / 104 Grand Island Council Session - 4/28/2020 Page 86 / 104 Grand Island Council Session - 4/28/2020 Page 87 / 104 Grand Island Council Session - 4/28/2020 Page 88 / 104 Grand Island Council Session - 4/28/2020 Page 89 / 104 Grand Island Council Session - 4/28/2020 Page 90 / 104 Grand Island Council Session - 4/28/2020 Page 91 / 104 Grand Island Council Session - 4/28/2020 Page 92 / 104 Grand Island Council Session - 4/28/2020 Page 93 / 104 Grand Island Council Session - 4/28/2020 Page 94 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-107 WHEREAS, one of the main goals of the Grand Island Bike/Ped Master Plan is to remove or improve barriers that discourage people from walking or biking for transportation and recreation; and WHEREAS, the first step for completing the Hwy 281 trail connection is to receive approval from the Nebraska Department of Transportation (NDOT) to complete work under Hwy 281; and WHEREAS, the City of Grand Island and the Nebraska Department of Transportation (NDOT) wish to enter into a Trail Agreement to connect the Stuhr Trail to a new privately constructed hospital development trail using an existing bridge over a drainage swale; and WHEREAS, future City funding costs will be paid with Food and Beverage funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to sign the attached Trail Agreement between the City of Grand Island and the Nebraska Department of Transportation (NDOT). - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 95 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item I-1 #2020-108 - Consideration of Payment to Jackrabbit Run Golf Pro and Concessionaire during the Golf Course Closure Staff Contact: Jerry Janulewicz Grand Island Council Session - 4/28/2020 Page 96 / 104 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:April 28, 2020 Subject:Payment to Jackrabbit Run Golf Pro and Concessionaire during Golf Course Closure Presenter(s):Jerry Janulewicz, City Administrator Background Due to Coronavirus Transmission concerns, Jackrabbit Run Municipal Golf Course was closed to the public effective March 31, 2020. Mr. Don Kruse, the golf pro and concessionaire at the golf course, is requesting that he be paid by the City $1,250 per week retroactive to March 31, 2020 and continuing until such time as the golf course is reopened to the public. Discussion Mr. Kruse and the City entered into a Golf License Agreement effective March 29, 2017 (the Agreement) for a period of one year with automatic renewals on an annual basis unless notice of non-renewal is given at least 120 days prior to the end of the then current term. Kruse was granted an exclusive license to operate business concessions and rendering professional golf services including sales of alcohol, public relations, teaching, coaching, promotion of golf play, leagues and tournaments, pull carts, sales and rental of equipment from the pro shop, and operation of the driving range and facilities. He receives commissions and/or bonuses from operation of the snack bar, pro shop, alcohol sales, golf lessons, green fees, driving range, and golf cart rental. Kruse is responsible for hiring and paying necessary personnel. The City is responsible for maintenance of the course and other facilities. To compensate him for his lost income, Mr. Kruse is asking the City to pay him $1,250 per week which is about 25% of what he estimates would be his net income if the course was open. Due to Coronavirus related directed health measures, City Administration is anticipating tax receipts will fall short of budgeted revenues. Due to the expected revenue shortfall, Department Directors were instructed to reduce expenses. On April 3, 2020, 23 full time and part time library employees were separated from employment through a reduction of force resulting in a vacancy savings of approximately $17,700 per week. There have also been reductions in seasonal employees and reassignment of others in an effort to reduce Grand Island Council Session - 4/28/2020 Page 97 / 104 personnel expenses. Administration does not recommend approval of the request from Mr. Kruse. 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 does not recommend approval. Sample Motion No motion. Grand Island Council Session - 4/28/2020 Page 98 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-108 WHEREAS, the City of Grand Island operates Jackrabbit Run Municipal Golf Course utilizing, in part, the services of Don Kruse as golf pro and concessionaire; and WHEREAS, Jackrabbit Run was closed to public access on March 31, 2020 due to Coronavirus transmission concerns; and WHEREAS, a date for reopening Jackrabbit Run has not been determined as the closure period is dependent upon the spread and course of the Coronavirus pandemic in the community; and WHEREAS, closure of Jackrabbit Run is resulting in economic hardship and uncertainty for the golf pro concessionaire who receives income from commissions and sales of concessions at the golf course. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: The City shall pay Don Kruse, golf pro and concessionaire at Jackrabbit Run Municipal Golf Course, $1,250 per week retroactively commencing March 31, 2020 and continuing until the Jackrabbit Run Municipal Golf Course is reopened to the public or until further action of the City Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 99 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item I-2 #2020-109 - Consideration of Approving the City Applying for 2020 Build Grant in Partnership with the State of Nebraska Department of Transportation and Central Nebraska Transload Staff Contact: Chad Nabity Grand Island Council Session - 4/28/2020 Page 100 / 104 Council Agenda Memo From:Planning/Community Development/GIAMPO Meeting:April 28, 2020 Subject:2020 Build Grant Application Presenter(s):Chad Nabity, AICP Background The Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94, December 20, 2019) (“FY 2020 Appropriations Act”) appropriated $1 billion to be awarded by the Department of Transportation (“DOT”) for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) and is known as the Better Utilizing Investments to Leverage Development, or “BUILD Transportation Grants,” program. Funds for the FY 2020 BUILD Transportation grants program are to be awarded on a competitive basis for surface transportation infrastructure projects that will have a significant local or regional impact. Discussion The Nebraska Department of Transportation (NDOT) in collaboration with Quetica, is in the final stages of completing a Freight Plan for the State of Nebraska. As part of that planning process they have identified an opportunity to expand mutli-modal freight opportunities in Grand Island and the surrounding region with the expansion of Central Nebraska Transload (CNT) located at 1213 and 1215 E. U.S. Highway 30. The State, NDOT, has requested that the City consider submitting an application for a 2020 Build Transportation Grant. Quetica and NDOT will write the grant application but have requested that the City submit the application. The application as proposed will not require any matching funds and applicants may apply for up to $25,000,000. Based on the current estimate the improvements to CNT would cost approximately $15,000,000. Administrative costs for the grant are reimbursable through the grant. Quetica and NDOT have determined that with this investment in CNT is likely that businesses within 200 miles of Grand Island could conservatively save up to $41.3 million per year in transportation costs by utilizing a combination of cargo consolidation and transload from rail to trucks. This could also reduce the number of long haul trucks within that same 100 mile radius. It would, however, likely increase the number of short Grand Island Council Session - 4/28/2020 Page 101 / 104 haul trucks to and from the CNT site. This would also create additional short haul trucking jobs most likely based in Grand Island or nearby. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the Intent to apply for Grant funds from the United States Department of Transportation “BUILD” Grant 2.Do not accept the Intent to apply for Grant funds from the United States Department of Transportation “BUILD” Grant Recommendation City Administration recommends that the Council accept the Intent to apply for Grant funds from the United States Department of Transportation “BUILD” Grant Sample Motion Move to accept Intent to apply for Grant funds from the United States Department of Transportation “BUILD” Grant and authorize the Mayor to sign any necessary documentation to support the application. Grand Island Council Session - 4/28/2020 Page 102 / 104 Approved as to Form ¤ ___________ April 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-109 WHEREAS, The Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94, December 20, 2019) (“FY 2020 Appropriations Act”) appropriated $1 billion to be awarded by the Department of Transportation (“DOT”) for National Infrastructure Investments.; and WHEREAS, This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) and is known as the Better Utilizing Investments to Leverage Development, or “BUILD Transportation Grants,” program.; and WHEREAS, on March 03, 2020 a Notice of funding Opportunity was posted by the Department of Transportation (“DOT”) for infrastructure projects; and WHEREAS, the Nebraska Department of Transportation has identified a Grant opportunity in Grand Island through their State Freight Plan and requested that the City participate in the application process; and WHEREAS, there is no anticipated cost to the City of making the grant application; and WHEREAS, the Nebraska Department of Transportation and their consultant Quetica will complete the grant application; and WHEREAS, the United States Department of Transportation requires approval of City Council before submission of the final version of Application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is hereby approves the intent to submit an application to the United States Department of Transportation; and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/28/2020 Page 103 / 104 City of Grand Island Tuesday, April 28, 2020 Council Session Item J-1 Approving Payment of Claims for the Period of April 15, 2020 through April 28, 2020 The Claims for the period of April 15, 2020 through April 28, 2020 for a total amount of $6,184,700.00. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 4/28/2020 Page 104 / 104