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06-09-2020 City Council Regular Meeting Packet City of Grand Island Tuesday, June 9, 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 - 6/9/2020 Page 1 / 138 City of Grand Island Tuesday, June 9, 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 - 6/9/2020 Page 2 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item E-1 Public Hearing on Request from Spirit in the Sky dba 40 North Tap & Grille, 520 West 3rd Street for an Addition of an Outdoor Area to their Class “CKG-123244” Liquor License Council action will take place under Consent Agenda item G-2. Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2020 Page 3 / 138 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:June 9, 2020 Subject:Public Hearing on Request from Spirit in the Sky dba 40 North Tap & Grille, 520 West 3rd Street for an Addition of an Outdoor Area to their Class “CKG-123244” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Spirit in the Sky dba 40 North Tap & Grille, 520 West 3rd Street has submitted an application for an addition of an outdoor area to their Class “CKG-123244” Liquor License. The request is to add three outdoor areas of approximately 40’ x 9’, 9’ x 31’ and 9’ x 25’ to their current license (see attached map). Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. The request is to add three outdoor areas of approximately 40’ x 9’, 9’ x 31’ and 9’ x 25’ to their current license. Staff is recommending approval contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 6/9/2020 Page 4 / 138 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon final inspections. Sample Motion Move to approve the application for an addition of three outdoor areas to Spirit in the Sky dba 40 North Tap & Grille, 520 West 3rd Street Liquor License “CKG-123244” for an addition of approximately 40’ x 9’, 9’ x 31’ and 9’ x 25’ to the current liquor license contingent upon final inspections. Grand Island Council Session - 6/9/2020 Page 5 / 138 Grand Island Council Session - 6/9/2020 Page 6 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item E-2 Public Hearing on Request from Prairie Pride Brewing Company dba Prairie Pride Brewing, 115 South Front Street, Suite 1 for an Addition to their Class “C-121599” Liquor License Council action will take place under Consent Agenda item G-3. Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2020 Page 7 / 138 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:June 9, 2020 Subject:Public Hearing on Request from Prairie Pride Brewing Company dba Prairie Pride Brewing, 115 South Front Street, Suite 1 for an Addition to their Class “C-121599” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Prairie Pride Brewing Company dba Prairie Pride Brewing, 115 South Front Street, Suite 1 has submitted an application for an addition to their Class “C-121599” Liquor License. The request is to add an area of approximately 36’ x 44’ to the north side of their current liquor license (see attached map). Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. The request is to add approximately 36’ x 44’ to the north side of their current license. Staff is recommending approval contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 6/9/2020 Page 8 / 138 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon final inspections. Sample Motion Move to approve the application for an addition to Prairie Pride Brewing Company dba Prairie Pride Brewing, 115 South Front Street, Suite 1 Liquor License “C-121599” for an addition of approximately 36’ x 44’ to the current liquor license contingent upon final inspections. Grand Island Council Session - 6/9/2020 Page 9 / 138 Grand Island Council Session - 6/9/2020 Page 10 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - 4304 Gold Core Drive - Old Dominion Freight Line, Inc. Council action will take place under Consent Agenda item G-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/9/2020 Page 11 / 138 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 9, 2020 Subject:Acquisition of Utility Easement – 4304 Gold Core Drive – Old Dominion Freight Line, Inc. Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Old Dominion Freight Line, Inc., through a part of Lot Eighteen (18) Platte Valley Industrial Park Third Subdivision, in the City of Grand Island, Hall County, Nebraska (4304 Gold Core Drive), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Old Dominion Freight Line, Inc., has requested a new electrical service for their new commercial building located at 4304 Gold Core Drive. A three-phase transformer and approximately 350 linear feet of 4” PVC conduit with 4/0 copper cable will be installed to accommodate the new electrical service. The proposed easement will allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Grand Island Council Session - 6/9/2020 Page 12 / 138 Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 6/9/2020 Page 13 / 138 Grand IslandCouncil Session - 6/9/2020Page 14 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item E-4 Public Hearing on Dedication of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (City of Grand Island- 3505 West Old Potash Highway) Council action will take place under Consent Agenda item G-9. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2020 Page 15 / 138 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 9, 2020 Subject:Public Hearing on Dedication of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (City of Grand Island- 3505 West Old Potash Highway) 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. The City of Grand Island is dedicating property as right-of-way to be used for the Old Potash Highway Roadway Improvements; Project No. 2019-P-1. 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 To allow for the widening of Old Potash Highway it is required that current City property be dedicated by the City of Grand Island as right-of-way. This area is north of Old Potash Highway, west of US Highway 281 as shown on the attached exhibit. Grand Island Council Session - 6/9/2020 Page 16 / 138 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 the dedication of public right-of-way. Sample Motion Move to approve the dedication of public right-of-way. Grand Island Council Session - 6/9/2020 Page 17 / 138 PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY ACQUISITION 2019-P-1 OLD POTASH HIGHWAY & CLAUDE ROAD PAVING IMPROVMENTS GRAND ISLAND, NEBRASKA N OLD POTASH HIGWAY US HIGHWAY 281US HIG H W A Y 3 0 CONSTRUCTION RENTAL TRACT Grand Island Council Session - 6/9/2020 Page 18 / 138 2017-3110PROJECT NO: DRAWN BY: 1.9.2020DATE: LS EXHIBIT RIGHT OF WAY TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SITE LOCATION SEC. 24 T11N-R10W P.O.B. Grand Island Council Session - 6/9/2020 Page 19 / 138 2017-3110PROJECT NO: DRAWN BY: 1.9.2020DATE: LS EXHIBIT RIGHT OF WAY TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SURVEYOR'S CERTIFICATE RIGHT-OF-WAY DESCRIPTION SECTION TIES Grand Island Council Session - 6/9/2020 Page 20 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item F-1 #9770 – Consideration of Approving Zoning Change for Property located at 641 S Cherry Street from RD – Residential Development to Amended RD – Residential Development (JNIK, LLC & Jim Nikodym Trust) Staff Contact: Chad Nabity Grand Island Council Session - 6/9/2020 Page 21 / 138 Council Agenda Memo From:Regional Planning Commission Meeting:June 9, 2020 Subject:Rezone from RD Zone & Amended RD Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background An application has been made to rezone Lot 3 Nikodym Subdivision from Residential Development Zone (RD) to Amended Residential Development Zone (RD). This will allow the property to be split into two lots. Lot 1 will be the location of a natural gas regulator station. Lot 2 will be reserved for future residential development. Any development will require additional Council approval. The Public Hearing before Council was held on May 26, 2020. There were no comments from the public. Discussion At the regular meeting of the Regional Planning Commission, held January 8, 2020 the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity stated Northwestern Energy is looking into adding a gas line regulator station on the southwest corner of Lot 2. Substations are a permitted use in that district and recommends approval. Nabity also noted Les Ruge and himself are present at City Hall in case any members of the public showed up and a copy of the open meetings act is available. O’Neill closed the public hearing. A motion was made by Rainforth and second by Rubio to recommend approval of Redevelopment Rezoning of Lot 3 Nikodym Subdivision and the Nikodym Second Subdivision Plat. The motion carried with nine members voting in favor (O’Neill, Nelson, Ruge, Monter, Maurer, Rainforth, Rubio, Robb and Randone) and no members voting no. Robb was unable to voice his vote on the Zoom Virtual Meeting but called Planning Director Nabity and indicated his approval. Grand Island Council Session - 6/9/2020 Page 22 / 138 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance as presented. Grand Island Council Session - 6/9/2020 Page 23 / 138 Grand Island Council Session - 6/9/2020 Page 24 / 138 Grand Island Council Session - 6/9/2020 Page 25 / 138 Approved as to Form ¤ ___________ May 20, 2020 ¤ City Attorney ORDINANCE NO. 9770 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of the Lot 3 of Nikodym Subdivision in the City of Grand Island in Hall County, Nebraska, from RD – Residential Development Zone to Amended RD – Residential Development Zone and directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 6, 2020, held a public hearing on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on May 26, 2020 the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from RD – Residential Development Zone to Amended RD – Residential Development Zone; Lot 3 of Nikodym Subdivision in the City of Grand Island, Hall County Nebraska. SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 6/9/2020 Page 26 / 138 ORDINANCE NO. 9770 (Cont.) - 2 - SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 9, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 27 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item F-2 #9771 – Consideration of Vacating Westgate Ninth Subdivision and Retaining Certain Easements Staff Contact: Chad Nabity Grand Island Council Session - 6/9/2020 Page 28 / 138 Council Agenda Memo From:Regional Planning Department Meeting:June 9, 2020 Subject:Request to Vacate Westgate Ninth Subdivision Presenter(s):Chad Nabity AICP, Regional Planning Director Background The prospective owners of Westgate Ninth Subdivision with the approval of the owners have requested that the City vacate the Westgate Night Subdivision and allow it to revert back to Lot 10 of Westgate Subdivision. The new owners intend to submit a plat to divide this property zoned for manufacturing uses into two lots. Westgate Ninth subdivision platted Copper Road and 9 lots on this 8.9 acres. The plat was approved in 2007 and no improvements have been made on the property since that time. Discussion This request was made to facilitate the sale and likely replatting of this property. It will not create any conflicts with installed utilities or existing streets. The lots have been marketed for more than 12 years without any interest. Staff is suggesting that the City retain the utility easements on the north and west sides of the property. The utility easements overlay the drainage easements dedicated with the original plat. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 6/9/2020 Page 29 / 138 Recommendation City Administration recommends that the Council approve the ordinance to vacate Westgate Ninth Subdivision retaining the easements shown on Exhibit A of the ordinance as requested. Sample Motion Move to approve as recommended. Grand Island Council Session - 6/9/2020 Page 30 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney ORDINANCE NO. 9771 An ordinance to vacate the plat for Westgate Ninth Subdivision; to provide for the recording of this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide 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. That the plat dated and approved by the City of Grand Island, Nebraska, on June 12, 2007 for Westgate Ninth Subdivision is hereby vacated along with all easements and rights-of-way dedicated with and/or shown on this plat except those Utility and Drainage easements as shown on Exhibit A attached hereto which shall be retained by the City. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. * This Space Reserved for Register of Deeds * Grand Island Council Session - 6/9/2020 Page 31 / 138 ORDINANCE NO. 9771 (Cont.) - 2 - SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted June 9, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 32 / 138 ORDINANCE NO. 9771 (Cont.) - 3 - Exhibit A Grand Island Council Session - 6/9/2020 Page 33 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item F-3 #9772 - 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 - 6/9/2020 Page 34 / 138 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 9, 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 were previously submitted on the subject property, with Council rejecting both via Ordinance No. 9765. One offer was submitted by Midwest Waste Trucks, LLC in the amount of $136,000.00, which did not share their plan/intent for the subject parcel as requested by City Council at the April 28, 2020 meeting. The 2nd offer was from 3 Diamonds, Inc. in the amount of $125,000.00, with rejection based on their condition of the sale be a sign variance to allow an outdoor advertising digital billboard, which isn’t allowed per City Code Section 31-40 through 31-49. Discussion 3 Diamonds, Inc. has submitted a new proposal in the amount of $75,000.00 and removed the condition of the sale be for a sign variance. At this time City staff is recommending the acceptance of 3 Diamonds, Inc.’s proposal in the amount of $75,000.00, with no conditions being part of the sale. 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 Grand Island Council Session - 6/9/2020 Page 35 / 138 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the proposal from 3 Diamond, Inc. in the amount of $75,000.00. Sample Motion Move to approve as recommended. Grand Island Council Session - 6/9/2020 Page 36 / 138 May 30, 2020 To: Sheila Reed Re: 3231 West Shimmer Drive We are respectfully submitting to the City of Grand Island, a purchase offer of $75,000 (Seventy Five Thousand Dollars) for property located at 3231 West Shimmer Drive and South Hwy 281. The intended use for this parcel is a first in class commercial or light industrial development. We are in search of a developer who shares our vision to compliment the existing mix use development / investments along the Hwy 281 corridor leading into the City of Grand Island. We are available to answer any questions you may have to assist in the approval process of our request. Sincerely, Bruce V. Nelsen CEO, Eagle Distributing of Grand Island Grand Island Council Session - 6/9/2020 Page 37 / 138 Grand Island Council Session - 6/9/2020 Page 38 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney ORDINANCE NO. 9772 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 3 Diamonds, Inc.; 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 3 Diamonds, Inc., (“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 Seventy Five Thousand Dollars and 00/100 ($75,000.00) 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 voting at the last regular municipal election held in such City be filed with the City Council Grand Island Council Session - 6/9/2020 Page 39 / 138 ORDINANCE NO. 9772 (Cont.) - 2 - 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: June 9, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 40 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item F-4 #9773 – Consideration of Annexing Property being Platted as Brooklyn Subdivision an Addition to the City of Grand Island (First Reading) Staff Contact: Chad Nabity Grand Island Council Session - 6/9/2020 Page 41 / 138 Council Agenda Memo From:Regional Planning Commission Meeting:June 9, 2020 Subject:An Ordinance to include Brooklyn Subdivision as an Addition to the City of Grand Island, Nebraska and the adjoining Right-of-Way Presenter(s):Chad Nabity, AICP Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limits of the City of Grand Island be annexed into the City at the time of subdivision approval. Gerald L. Dean and Pamela K Dean, husband and wife, as owners of the property submitted a plat of Brooklyn Subdivision an Addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on June 3, 2020. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of that property. Annexation of this property will not result in the extension of the Grand Island Zoning Jurisdiction. Tow residential lots would be added to the City as a result of this annexation. This property is located north of west of St. Paul Road where it intersects with Dean Street and east of and contiguous with Capital Mobile Home Park. Grand Island Council Session - 6/9/2020 Page 42 / 138 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 pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on first reading. Grand Island Council Session - 6/9/2020 Page 43 / 138 Grand Island Council Session - 6/9/2020 Page 44 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney ORDINANCE NO. 9773 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Brooklyn Subdivision and all adjoining right-of-way in Hall County, Nebraska as more particularly described hereinafter and as shown on the subdivision plat and more particularly described in Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after Gerald L. Dean and Pamela K. Dean, husband and wife, as owner of the property submitted a plat of Brooklyn Subdivision an Addition to the City of Grand Island for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and * This Space Reserved For Register of Deeds * Grand Island Council Session - 6/9/2020 Page 45 / 138 ORDINANCE NO. 9773(Cont.) - 2 - WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on June 9, 2020 the City Council of the City of Grand Island held a considered such annexation and approved such annexation on first reading and on June 23, 2020 approved such annexation on second reading and on July 14, 2020 approved such annexation on third and final reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience Grand Island Council Session - 6/9/2020 Page 46 / 138 ORDINANCE NO. 9773(Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Grand Island Council Session - 6/9/2020 Page 47 / 138 ORDINANCE NO. 9773(Cont.) - 4 - Enacted: July 14, 2020. ____________________________________ Roger Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 48 / 138 ORDINANCE NO. 9773(Cont.) - 5 - Exhibit A LEGAL DESCRIPTION A tract of land comprising the South Five (5.0) acres of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), and the North Five (5.0) acres of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Beginning at a point on the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), said point being One Thousand One Hundred Fifteen and Twenty Eight Hundredths (1,115.28) feet south of the northeast corner of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), said point also being the southeast corner of Pollock Subdivision; thence running southerly, along and upon the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), and along and upon the east line of of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), a distance of Three Hundred Twenty Nine and Eighty Nine Hundredths (329.89) feet; thence deflecting right 91°27'37" and running westerly, a distance of One Thousand Three Hundred Thirty Six and Sixteen Hundredths (1,336.16) feet to a point on the west line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4); thence deflecting right 88°44'43" and running northerly, along and upon the west line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), and along and upon the west line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), a distance of Three Hundred Twenty Nine and Nine Hundredths (329.09) feet to the southwest corner of said Pollock Subdivision, thence deflecting right 91°13'19" and running easterly, along and upon the south line of said Pollock Subdivision, a distance of One Thousand Three Hundred Thirty Four and Ninety Six Hundredths (1,334.96) feet to the point of beginning. Along with all Additional dedicated rights-of-way. Actual tract containing 10.099 acres, more or less. Grand Island Council Session - 6/9/2020 Page 49 / 138 ORDINANCE NO. 9773(Cont.) - 6 - Grand Island Council Session - 6/9/2020 Page 50 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-1 Approving Minutes of May 26, 2020 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2020 Page 51 / 138 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 26, 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 May 26, 2020. Notice of the meeting was given in The Grand Island Independent on May 20, 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 also by Zoom: 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 Zoning Change for property located at 641 S Cherry Street from RD - Residential Development to Amended RD - Residential Development (JNIK, LLC & Jim Nikodym Trust). Regional Planning Director Chad Nabity reported that an application had been received to rezone Lot 3 Nikodym Subdivision from Residential Development Zone (RD) to Amended Residential Development Zone (RD). This would allow the property to be re- subdivided into 2 lots as Nikodym Second Subdivision. Lot 1 would be the location of a natural gas regulator station. Lot 2 would be reserved for future residential development. Council action would take place at the June 9, 2020 City Council meeting. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 1212 Johnstown Road - Diamond Plastics. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1212 Johnstown Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Diamond Plastics Corporation had requested to have their existing electrical service upgraded for their manufacturing plant located at 1212 Johnstown Road. 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) 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.” Grand Island Council Session - 6/9/2020 Page 52 / 138 Page 2, City Council Regular Meeting, May 26, 2020 Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Public Works Director John Collins reported that this item was postponed at the April 28, 2020 City Council meeting to the May 28, 2020 City Council meeting. Two (2) offers were submitted on the subject property, which required City Council approval. The original offer submitted from Midwest Waste Trucks, LLC had been pulled, as the prospective buyer did not share their plan/intent for the subject parcel as requested by City Council at the April 28, 2020 meeting. The 2nd offer from 3 Diamonds, Inc. had also been pulled, as the prospective buyer requested a condition of the sale be a sign variance to allow an outdoor advertising digital billboard, which wasn’t allowed per City Code Section 31-40 through 31-49. City staff is recommending the rejection of both proposals. The original motion was made by Minton, second by Jones at the April 28, 2020 City Council meeting to approve Ordinance #9765 on first reading. Upon roll call vote, all voted no. Motion failed. CONSENT AGENDA: Motion by Paulick, second by Schutz to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 12, 2020 City Council Regular Meeting. Approving Re-Appointment of Paul Leeper to the Civil Service Commission. Approving Re-Appointments of Barry Burrows and Bryan Fiala to the Tree Board. #2020-120 - Approving Acquisition of Utility Easement - 1212 Johnstown Road - Diamond Plastics. #2020-121 - Approving Change Order #1 for Transmission Line Work and Installation of OPGW Fiber Optic Cable with Watts Electric Company of Waverly, Nebraska for a Decrease of $9,015.07 and a Revised Contract Amount of $925,567.04. #2020-122 - Approving Bid Award for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska in an Amount of $10,530,764.77. #2020-123 - Approving Bid Award for Moores Creek Drain Extension- North Road to Engleman Road; Project No. 2020-D-1 with Mid Nebraska Land Developers, LLC of Aurora, Nebraska in an Amount of $239,593.20. #2020-124 -Approving Change Order No. 3 for North Broadwell Avenue Drainage; Project No. 2018-D-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska for an Increase of $7,868.00 and a Revised Contract Amount of $270,849.06. #2020-125 - Approving Time Extension from May 31, 2020 to July 31, 2020 for 2019 Pavement Condition Assessment with Engineering and Research International, Inc. of Savoy, Illinois. Grand Island Council Session - 6/9/2020 Page 53 / 138 Page 3, City Council Regular Meeting, May 26, 2020 #2020-126 - Approving Amendment to the Citizen Participation Plan. REQUESTS AND REFERRALS: Consideration of Forwarding Blighted and Substandard Area #31 to the Hall County Regional Planning Commission (John Baasch Augers). Regional Planning Director Chad Nabity reported that John Baasch Augurs had submitted a Substandard and Blight Study of approximately 1.69 acres for property located south of South Street between Henry Street and the bike trail in south central Grand Island. Staff recommended approval. Motion by Minton, second by Hehnke to approve forwarding Blighted and Substandard Area #31 to the Hall County Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Paulick to approve the payment of claims for the period of May 13, 2020 through May 26, 2020 for a total amount of $5,005,251.16. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 7:25 p.m. RaNae Edwards City Clerk Grand Island Council Session - 6/9/2020 Page 54 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-2 #2020-127 - Approving Request from Spirit in the Sky dba 40 North Tap & Grille, 520 West 3rd Street for an Addition of an Outdoor Area to their Class “CKG-123244” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2020 Page 55 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-127 WHEREAS, an application was filed by Spirit in the Sky doing business as 40 North Tap & Grille, 520 West 3rd Street for an Addition of an Outdoor Area to their Class "C- 123244" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 30, 2020; such publication cost being $17.22; and WHEREAS, a public hearing was held on June 9, 2020 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 56 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-3 #2020-128 - Approving Request from Prairie Pride Brewing Company dba Prairie Pride Brewing, 115 South Front Street, Suite 1 for an Addition to their Class “C-121599” Liquor License This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2020 Page 57 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-128 WHEREAS, an application was filed by Prairie Pride Brewing Company doing business as Prairie Pride Brewing, 115 South Front Street, Suite 1 for an Addition to their Class "C-121599" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 30, 2020; such publication cost being $19.71; and WHEREAS, a public hearing was held on June 9, 2020 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 58 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-4 #2020-129 - Approving Acquisition of Utility Easement - 4304 Gold Core Drive - Old Dominion Freight Line, Inc. This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/9/2020 Page 59 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-129 WHEREAS, a public utility easement is required by the City of Grand Island from Old Dominion Freight Line, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines and; WHEREAS, a public hearing was held on June 9, 2020, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of Lot Eighteen (18), Platte Valley Industrial Park Third Subdivision, in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Northeast corner of Lot Eighteen (18), Platte Valley Industrial Park Third Subdivision, in the City of Grand Island, Hall County, Nebraska; thence southerly along the easterly line of said Lot Eighteen (18), distance of two hundred fourteen and forty-seven hundredths (214.47) feet to the ACTUAL Point of Beginning; thence deflecting right 88°16’58”and running in a westerly direction, a distance of two hundred eighty-seven and nine hundredths (287.09) feet; thence deflecting left 84°43’54” and running in a southerly direction, a distance of fifty-seven (57.0) feet to the point of termination. The above-described easement and right-of-way containing a total of .16 acres, more or less as shown on the plat dated 5/14/2020, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Old Dominion Freight Line, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 60 / 138 Grand IslandCouncil Session - 6/9/2020Page 61 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-5 #2020-130 - Approving Change Order #1 - Burdick Station Maintenance Building Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/9/2020 Page 62 / 138 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 9, 2020 Subject:Burdick Station Maintenance Building – Change Order #1 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Burdick Station Steam Units #1 and #2 were decommissioned in 2016, and Steam Unit #3 was decommissioned in 2017. The cooling tower was used to condense steam for Steam Unit #3. In 2015, Black & Veatch was hired to conduct an engineering study. They looked at the feasibility of utilizing the existing steam unit building for future generation. It was concluded that it is more cost effective to raze the existing building than try to retrofit it. The Burdick Steam unit building will be razed in 2020, eliminating the costs associated with maintaining the building, and mitigating all hazardous materials. The three gas turbines will remain operational at Burdick Station and provide peaking and emergency backup power to the City of Grand Island. To conduct maintenance on the gas turbines and future generation, a new maintenance building is being constructed in the location of the old cooling tower. The specification was issued for bid and the contract was awarded by Council to Chief Construction in an amount not to exceed $1,740,637.00 on August 13, 2019 per Resolution 2019-216. Discussion During the construction of the Burdick Maintenance Building, it was determined that the service should be increased to 400 amps and service re-routed from another building. This Change Order also includes patching leaks in the demineralized water storage tank. This work was beyond the original scope of work, at an additional cost of $16,605.00. Grand Island Council Session - 6/9/2020 Page 63 / 138 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 presented in this motion. Recommendation City Administration recommends authorizing Change Order #1 with Chief Construction for the Burdick Station Maintenance Building for an addition of $16,605.00 to the contract price, for a total contract of $1,757,242.00. Sample Motion Move to approve Change Order #1 from Chief Construction in the amount of $16,605.00, for the Burdick Station Maintenance Building. Grand Island Council Session - 6/9/2020 Page 64 / 138 Grand Island Council Session - 6/9/2020 Page 65 / 138 Grand Island Council Session - 6/9/2020 Page 66 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-130 WHEREAS, at the August 13, 2019 meeting, Council approved a contract to Chief Construction Company for construction of the Burdick Station Maintenance Building; and WHEREAS, the bid package included unit pricing for all items as well as some major maintenance items; and WHEREAS, during the construction, it was determined that the electrical service should be increased to 400 amps and service re-routed to the existing building and that leaks in the demineralized water storage tank should be patched; and WHEREAS, this work was beyond the original scope of work; and WHEREAS, the total for this Change Order is an addition of $16,605.00 and increases the original contract in the amount of $1,740,637.00 to a total of $1,757,242.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 to the Burdick Station Maintenance Building is approved, and the Mayor is hereby authorized to sign the Change Order on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 67 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-6 #2020-131 - Approving Amendment #3 to the Power Purchase Agreement between the City of Grand Island and Prairie Hills Wind, LLC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/9/2020 Page 68 / 138 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 9, 2020 Subject:Amendment #3 to the Power Purchase Agreement between the City of Grand Island and Prairie Hills Wind, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background On January 24, 2017, Council approved a Power Purchase Agreement (PPA) with Prairie Hills LLC, for a share of the Prairie Hills Wind Project being developed in Custer County. The PPA includes a twenty-five-year term with annual pricing based on an escalation factor for energy produced by the Project. The cost to the City is for the actual energy produced and does not require any upfront capital cost or on-going operation and maintenance costs. Included in the energy transaction is the transfer to the City for Renewable Energy Credits (REC’s) which are used by utilities to apply against any renewable energy requirements and may be bought or sold. Due to delays in the interconnection agreement process, on July 17, 2018, Amendment #1 was approved to extend the Guaranteed Commercial Operation Date (COD) and Outside Commercial Operation Date from July 1, 2019 and December 31, 2019 to December 1, 2020 and June 30, 2021, respectively. On July 23, 2019, Amendment #2 was approved to extend the dates to December 1, 2021 and June 30, 2022. Discussion The interconnection process for the Prairie Hills Wind Project is still experiencing delays by the Southwest Power Pool, the regional grid operator, and AEP Renewables, the parent company of Prairie Hills LLC has requested another extension of the Guaranteed COD and Outside COD to December 1, 2022 and June 30, 2023, respectively. Utilities and Legal staff have reviewed this request and find it reasonable and recommend approval of the date revisions to the PPA. Grand Island Council Session - 6/9/2020 Page 69 / 138 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment #3 to the Power Purchase Agreement with Prairie Hills Wind, LLC Sample Motion Move to approve Amendment #3 to the Power Purchase Agreement with Prairie Hills Wind, LLC. Grand Island Council Session - 6/9/2020 Page 70 / 138 AMENDMENT NO. 3 TO POWER PURCHASE AGREEMENT THIS AMENDMENT NO. 3 TO POWER PURCHASE AGREEMENT (“Amendment”), dated as of _________________, 2020 (“Effective Date”), is entered into by and among The City of Grand Island, Nebraska doing business as City of Grand Island, a municipal corporation and City of the First Class organized and existing pursuant to Neb. Rev. Stat. §§ 16- 101 et seq. and under the laws of the State of Nebraska (“GRAND ISLAND”), and Prairie Hills Wind, LLC, a Delaware limited liability company (“Seller”). WHEREAS, GRAND ISLAND and Seller are parties to that certain Power Purchase Agreement dated as of January 24, 2017 (“PPA”); WHEREAS, GRAND ISLAND and Seller entered into a Letter Agreement for Extension of Guarantee COD and Outside COD dated July 17, 2018 (“Amendment No. 1”) and Amendment No. 2 dated July 23, 2019 to make certain modifications to the PPA (“Amendment No. 2”)(collectively, the PPA, Amendment No. 1 and Amendment No. 2 are referred to as the “Agreement”); and WHEREAS, GRAND ISLAND and Seller desire to make certain modifications to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby covenant and agree as follows: 1. Amendment. As of the Effective Date, GRAND ISLAND and Seller hereby agree to amend the Agreement as follows: a. In Section 4.1.2, reference to “June 30, 2022” is deleted and “June 30, 2023” is inserted in place thereof. b. In Section 4.1.2, reference to “December 1, 2021” is deleted and “December 1, 2022” is inserted in place thereof. 2. Captions. The captions of this Amendment are made for convenience only and shall not control or affect the meaning or construction of any provision of this Amendment. 3. Counterparts; Effectiveness. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. DocuSign Envelope ID: 9C25AF40-BA70-4485-8BFC-A488F91B733A Grand Island Council Session - 6/9/2020 Page 71 / 138 2 4. Entire Agreement. This Amendment represents the entire understanding and agreement of the parties hereto with respect to the subject matter hereof and may only be amended or modified in a writing signed by all parties evidencing their mutual agreement thereto. 5. Validity and Consent. The parties hereto confirm the continuing validity and enforceability of the Agreement. 6. Separability of Provisions. Each provision of this Amendment shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Amendment which are valid. 7. Governing Law. This Amendment shall be interpreted, and the rights and liabilities of the parties hereto shall for all purposes be governed by and construed and enforced in accordance with, the laws of the State of Nebraska, without regard to the conflict of laws principles thereof. [SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 9C25AF40-BA70-4485-8BFC-A488F91B733A Grand Island Council Session - 6/9/2020 Page 72 / 138 Signature Page to Amendment IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized representatives effective as of the date first above written. ATTEST: THE CITY OF GRAND ISLAND, NEBRASKA, DOING BUSINESS AS CITY OF GRAND ISLAND By:___________________________ By: Printed Name: __________________ Name: Its: ___________________________ Title: PRAIRIE HILLS WIND, LLC By: Name: Title: DocuSign Envelope ID: 9C25AF40-BA70-4485-8BFC-A488F91B733A Vice President Matthew Fransen Grand Island Council Session - 6/9/2020 Page 73 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-131 WHEREAS, on January 24, 2017, Council approved a Power Purchase Agreement (PPA) with Prairie Hills, LLC, for a share of the Prairie Hills Wind Project being developed in Custer County; and WHEREAS, the PPA includes a twenty-five-year term with annual pricing based on an escalation factor for energy produced by the project and the cost to the City is for actual energy produced and does not require any upfront capital cost or on-going operation and maintenance costs; and WHEREAS, due to delays in the interconnection agreement process, on July 17, 2018, the City agreed to extend the Guaranteed Commercial Operation Date (COD) and Outside Commercial Operation Date from July 1, 2019 and December 31, 2019 to December 1, 2020 and June 30, 2021, respectively with Amendment #1 to the Agreement; and WHEREAS, the Prairie Hills Wind Project was still experiencing delays by the Southwest Power Pool, and AEP Renewables, the parent company of Prairie Hills LLC, and they requested another extension of the Guaranteed COD and Outside COD to December 1, 2021 and June 30, 2022, respectively with Amendment #2 which was approved by Council on July 23, 2019; and WHEREAS, the interconnection process for the Prairie Hills Wind Project is still experiencing delays by the Southwest Power Pool, the regional grid operator, and AEP Renewables, the parent company of Prairie Hills LLC, they have requested another extension of the Guaranteed COD and Outside COD to December 1, 2022 and June 30, 2023 respectively. WHEREAS, the Utilities and Legal staff have reviewed this request and find it reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #3 to the Power Purchase Agreement with Prairie Hills Wind, LLC is hereby approved and the Mayor is authorized to sign the Amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 74 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-7 #2020-132 - Approving Acceptance of 2020 High Intensity Drug Trafficking Area (HIDTA) Grant Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 6/9/2020 Page 75 / 138 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:June 9, 2020 Subject:Approval of HIDTA Funding Presenter(s):Robert Falldorf, Police Chief Background The Police Department has been a member of the Central Nebraska Drug and Safe Streets Task Force for many years. The City acts as the fiscal agent for a portion of the funds used by the Task Force to include off site facility maintenance, vehicle leases and operational funds. The 2020 HIDTA award, 20HD06, is for $59,628.25 and does not require matching funds. Acceptance of the award will provide funding needed for the operations of the Task Force. Discussion The Grand Island Police Department has been a participating member of the regional High Intensity Drug Trafficking Area, HIDTA, Central Nebraska Drug and Safe Streets Task Force for many years. The Task Force serves a valuable role in the investigation and prosecution of drug offenders and violent criminals. The HIDTA designation provides Federal funding for the investigative operations of the Task Force. The City serves as the fiscal agent for part of the task force funding that supports the operation and maintenance of the off-site facility, vehicle and cell phone use, and operational funds that are used to buy drugs/weapons and pay informants. The 2020 HIDTA award to the Task Force is $59,628.25. Approval and acceptance of the funding will support the Task Force during the year. The funding does not require a local match. 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 Grand Island Council Session - 6/9/2020 Page 76 / 138 4.Take no action on the issue Recommendation City Administration recommends that the Council approve acceptance of the 2020 HIDTA award 20HD06 for $59,628.25 for the Central Nebraska Drug and Safe Streets Task Force. Sample Motion Move to approve acceptance of the 2020 HIDTA award 20HD06 for $59,628.25 for the Central Nebraska Drug and Safe Streets Task Force. Grand Island Council Session - 6/9/2020 Page 77 / 138 Grand Island Council Session - 6/9/2020 Page 78 / 138 Grand Island Council Session - 6/9/2020 Page 79 / 138 Grand Island Council Session - 6/9/2020 Page 80 / 138 Grand Island Council Session - 6/9/2020 Page 81 / 138 Grand Island Council Session - 6/9/2020 Page 82 / 138 Grand Island Council Session - 6/9/2020 Page 83 / 138 Grand Island Council Session - 6/9/2020 Page 84 / 138 Grand Island Council Session - 6/9/2020 Page 85 / 138 Grand Island Council Session - 6/9/2020 Page 86 / 138 Grand Island Council Session - 6/9/2020 Page 87 / 138 Grand Island Council Session - 6/9/2020 Page 88 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-132 WHEREAS, the Grand Island Police Department is a member of the Central Nebraska Drug and Safe Streets Task Force; and WHEREAS, the Task Force has been approved for $59,628.25 of High Intensity Drug Trafficking Area (HIDTA) funding for the operations of the Task Force; and WHEREAS, the Task Force serves an effective role in the investigation and apprehension of drug dealers and violent criminals, and WHEREAS, the City serves as the fiscal agent for the Task Force operational funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve award 20HD06 of $59,628.25 of Federal HIDTA funding for the operation of the Central Nebraska Drug and Safe Streets Task Force. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 89 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-8 #2020-133 - Approving Address Point Layer Updates for Next Gen E911 Staff Contact: Jon Rosenlund Grand Island Council Session - 6/9/2020 Page 90 / 138 Council Agenda Memo From:Jon Rosenlund, Emergency Management Director Meeting:June 9, 2020 Subject:E911 Address Point Layer Update Presenter(s):Jon Rosenlund, Emergency Management Director Background As the Department prepares to migrate to Next Generation 911 technologies and operations, necessary updates to the GIS Address Point Layer are required to meet necessary data standards as defined by the Nebraska Public Service Commission. GeoComm currently maintains the 911 MSAG data for the Grand Island Emergency Center and has been authorized by the PSC to complete the necessary updates to the Address Point Layer to meet these standards. The PSC has authorized the GIEC to use E911 Wireless Fund set aside funds to pay for 100% of the cost of this GIS update. GeoComm has provided a contract proposal for this project for the total of $21,845.00. The Wireless E911 Fund (216) currently has a balance of $105,808.28, sufficient to cover this project. Discussion As the Grand Island Emergency Center prepares to migrate to Next Generation 911 technologies, necessary updates are required to our local GIS Address Point Layer in order to meet current NextGen911 standards adopted by the Nebraska Public Service Commission. In NextGen911 operations, emergency calls are routed to 911 Public Safety Answering Points (PSAPs) through GIS mapping of landline and mobile telephone calls. As such, the Address Point Layer will be necessary in routing calls properly to the correct PSAP and meeting those standards is necessary for NextGen911 functions. According to is proposal, GeoComm will update the Site/Structure Address Point (SSAP) layer for Hall County addresses to comply with the NENA Standard for NG9-1-1 GIS Data Model (NENA-STA-006.1-2018) and NENA guidelines for SSAP layer development (NENA-INF-014.1-2015). Following that update, the data layer is submitted to the Public Service Commission for their review. Upon verification by PSC staff that the data layer will meet standards, the PSC will authorize payment from the City’s Wireless E911 set aside funds for the work provided. Cost for the layer updates is $21,845.00. The fund balance as of April 30, 2020, in the Wireless E911 Fund (216) is $105,808.28. Grand Island Council Session - 6/9/2020 Page 91 / 138 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 Site/Structure Address Point Layer Updates for a cost of $21,845.00 from the Wireless E911 Fund set aside balance. Sample Motion Move to approve the Site/Structure Address Point Layer Updates with GeoComm for a cost of $21,845.00 from the Wireless E911 Fund set aside balance. Grand Island Council Session - 6/9/2020 Page 92 / 138 Grand Island Council Session - 6/9/2020 Page 93 / 138 Grand Island Council Session - 6/9/2020 Page 94 / 138 Grand Island Council Session - 6/9/2020 Page 95 / 138 Contract # 20191105 – HCNE Page 1 of 6 Site/Structure Address Point Layer Updates Work Authorization # 20191105 – HCNE November 6, 2019 Geo-Comm, Inc. 601 West St. Germain St. Cloud, MN 56301 Phone: (320) 240-0040 www.geo-comm.com Hall County, Nebraska Jon Rosenlund, Emergency Management Director 100 E First Street Grand Island, NE 68801 Phone: (308) 385-5362 Email: jonr@grand-island.com Scope of Work Upon execution of Agreement, GeoComm will provide solutions and services as described in the exhibits. Pricing and Payment Terms Hall County will pay GeoComm $21,845 plus applicable sales taxes* as further described in Exhibit A – Pricing upon project completion and certification by the Nebraska Public Services Commission (PSC). Hall County Authorization Signature Print Name Purchase Order # (if required) Date *If entity is tax exempt, please email tax exemption certificate to dhaus@geo-comm.com. Grand Island Council Session - 6/9/2020 Page 96 / 138 Contract # 20191105 – HCNE Page 2 of 6 Exhibit A – Pricing Prices are valid for a period of 90 days. Total does not include sales tax. Hall County is responsible for paying all sales taxes. One Time Cost Price Per Point Total Price Site/Structure Address Point Layer Updates $0.84 $21,845 Total: $21,845 Grand Island Council Session - 6/9/2020 Page 97 / 138 Contract # 20191105 – HCNE Page 3 of 6 Exhibit B – Scope of Work GeoComm will update the Site/Structure Address Point (SSAP) layer for Hall County to comply with the NENA Standard for NG9-1-1 GIS Data Model (NENA-STA-006.1-2018) and NENA guidelines for SSAP layer development (NENA-INF-014.1-2015). The SSAP layer will be updated following industry best practices, which will result in a final SSAP layer that can be used in the most common public safety/9-1-1 applications, including future Next Generation 9-1-1 address validation and call routing. GeoComm’s approach includes leading industry experts who will complete the following phases to provide an exceptional product that will meet the needs of Hall County as well as future Next Generation 9-1-1 (NG9-1-1) Location Validation/Call Routing in the State: • Phase One: Project Initiation • Phase Two: Site/Structure Address Point Layer Updates • Phase Three: Quality Control • Phase Four: Final Review and Updates GeoComm will provide regular status updates that will include: • General progress updates • Meetings held, planned, or needed • Issues/problems encountered or anticipated • Goals for the next reporting period • Schedule review • Hall County responsibilities Phase One: Project Initiation After receiving a signed contract, one of the first steps is to make certain the GeoComm project team has an in-depth understanding of Hall County’s project goals. To accomplish this, our staff will hold a project initiation conference call with you to: • Introduce project stakeholders to the GeoComm project team • Review project objectives and goals • Define mutual expectations • Establish communication processes • Review the project timeline, including periodic progress reporting • Review State of Nebraska GIS data standards • Discuss initial GIS data schema • Discuss existing resources that may be used in developing the GIS data layer Grand Island Council Session - 6/9/2020 Page 98 / 138 Contract # 20191105 – HCNE Page 4 of 6 Phase Two: Site/Structure Address Point Layer Updates GeoComm will update the SSAP layer for Hall County to comply with the NENA Standard for NG9-1-1 GIS Data Model (NENA-STA-006.1-2018) and NENA guidelines for SSAP layer development (NENA-INF-014.1-2015). Site/Structure Address Point Layer Updates GeoComm will update the SSAP layer for Hall County based on resources provided by the County. If there are any discrepancies between approved project resources, GeoComm will work with Hall County for verification. SSAP layer update processes will include: GIS Schema Review and Updates The GIS data schema for the SSAP layer will be reviewed to determine compliance with NENA- STA-006.1-2018, while ensuring the final layer also remains in compliance with specifications for local systems. GeoComm will attribute fields defined as Mandatory by NENA if needed and resources are available. Spatial Updates and Address Development Using the tax parcels as a guide, GeoComm will review and update the existing SSAP layer for Hall County. Points will be placed on structure when possible. As part of the update process, GeoComm will review all existing SSAP’s using the provided parcel layer and ortho imagery to ensure all addressed structures are accounted for in Hall County. Point placement methodology will follow recommendations outlined by NENA. For multi-unit structures (e.g., apartment complexes, strip malls, mobile home parks) where a point does not already exist, GeoComm will create one new point for each building with a unique street address number (not including unit numbers) and will work with Hall County to establish an agreed-upon point placement methodology. If multiple points already exist for individual units of a multi-unit structure, these points will be retained but will not be moved. Alignment for individual units can be provided for an additional fee. Confirmation of Point Placement and Address Accuracy Points that cannot be accurately added or updated using available resources will be placed at the best-known location and flagged as needing further/or future investigation. After GeoComm has finished initial SSAP layer updates, a shapefile or list of address points that could not be confidently built will be provided to Hall County for review. This list will include assessment codes or notes detailing why the address or location is in question. Hall County would be responsible for confirming the correct address or address location and providing that information to GeoComm within 30 days or agreed upon timeframe. GeoComm will adjust address points based on feedback provided within this timeframe. Note: Alternatively, Hall County may contract with GeoComm for field verification to investigate questionable addresses. This service can be provided upon request, for an additional fee. Pricing will vary based on the number of points requiring verification. Synchronization GeoComm will compare the SSAP layer to the following: • Road centerline • ALI database • Master Street Address Guide (MSAG) Addresses in the SSAP layer that do not match the above noted resources, will be reviewed and appropriate updates will be made to either the SSAP layer, Road centerline layer, MSAG, or ALI database. Note: Updates to the road centerline layer, MSAG, or ALI will be completed as part of Hall Counties existing GIS Maintenance agreement. Grand Island Council Session - 6/9/2020 Page 99 / 138 Contract # 20191105 – HCNE Page 5 of 6 Phase Three: Quality Control Quality control (QC) is an integral part of all our projects. Before the final GIS data is provided to Hall County, GeoComm’s GIS Specialists will complete numerous QC audits to ensure the final map data deliverables are accurate. GeoComm’s QC methods are specific to the GIS data needs of the public safety industry; we have developed and implemented a structured QC program to increase the accuracy of public safety GIS data. GeoComm’s QC procedures are powered by GeoComm GIS Data Hub, which offers the ability to export detailed results to ensure that all errors are found and fixed. After Hall County’s GIS data updates are complete, it will be run through the QC checks and data condition results will be compiled. Issues detected outside of scope will be referred back to Hall County for resolution. The QC process will proceed as follows: • GeoComm will perform quality control checks on the submitted data • GeoComm will correct the GIS data errors outlined in the data quality reports provided by the system that are within scope of the project agreement • The data will be rerun through the QC checks to verify the changes have been properly made Phase Four: Final Review and Updates After initial map data updates are complete, GeoComm will provide a list of remaining errors for Hall County to review. GeoComm will complete one additional comparison of the ALI database and MSAG to the map data layers if updated versions are provided within one month of the delivery of the suggestions. GeoComm will review the results of this comparison and complete additional map data updates, if deemed necessary. When the final updates are complete, GeoComm will provide Hall County with the deliverables outlined in the following section. Grand Island Council Session - 6/9/2020 Page 100 / 138 Contract # 20191105 – HCNE Page 6 of 6 Exhibit C – Customer Responsibilities It is requested that Hall County provide the following general project support: • Provide pertinent project information and documentation • Assist in ongoing quality control • Provide a single point of contact at Hall County available for communication throughout the project and system implementation • Submit required GIS information (e.g. GIS map data, public safety databases, and/or other resources) to our website (http://www.geo-comm.com/industries/gis/data-submission/) In addition to the requirements above, Hall County will be responsible for the following project-specific support: • Assist in coordinating and attend periodic conference calls • Existing GIS data in Esri format including map projection information • Current copies of Hall County’s ALI database and MSAG in Microsoft Excel format • Provide current copy of the parcel layers for Hall County with associated property address (SITUS) for each parcel • Confirm location of questionable addresses provided by GeoComm within a 30-day or agreed upon timeframe Grand Island Council Session - 6/9/2020 Page 101 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-133 WHEREAS, the City of Grand Island, Nebraska, operates the Grand Island Emergency Center, an emergency 911 Public Safety Answering Point (PSAP) through Interlocal Agreement with Hall County; and WHEREAS, the Grand Island Emergency Center, managed by the Grand Island Emergency Management Department is the Public Safety Answering Point (PSAP) for all of Hall County; and WHEREAS, the Grand Island Emergency Center is preparing its data and technology to migrate to Next Generation 911 operations; and WHEREAS, the Nebraska Public Service Commission requires all PSAPs to have GIS Address Layer data that is compatible with current Next Generation 911 data standards to qualify for migration, and WHEREAS, on May 19, 2020, the Nebraska Public Service Commission has authorized the Grand Island Emergency Center to utilize set aside balances of the Wireless E911 Fund to pay for 100% of this data layer update to be provided by GeoComm Inc. of St. Cloud, MN, for $21,845.00, and WHEREAS, the current balance of the Wireless E911 fund, as of April 30, 2020, is $105,808.28. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to approve the contract with GeoComm Inc. of St. Cloud, MN, for $21,845.00 for updates to the GIS Address Point Layer, in accordance with Public Service Commission Next Generation 911 standards. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 102 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-9 #2020-134 - Approving Dedication of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (City of Grand Island- 3505 West Old Potash Highway) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2020 Page 103 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-134 WHEREAS, current City property is being dedicated by the City of Grand Island as right-of-way to accommodate the Old Potash Highway Roadway Improvements; Project No. 2019-P-1, Grand Island, Hall County, Nebraska and more particularly described as follows: A TRACT OF LAND CONSISTING OF PART OF AN UNPLATTED TRACT LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW ¼, NE ¼) OF SECTION TWENTY-FOUR (24), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10), WEST OF THE 6TH P.M., NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTH QUARTER CORNER SECTION 24, T11N, R10W OF THE 6TH P.M., HALL COUNTY, NEBRASKA; THENCE ON AN ASSUMED BEARING OF N89o28’39”E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24, A DISTANCE OF 1073.40 FEET TO THE NORTHEAST CORNER OF SAID UNPLATTED TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N89o28’41”E ALONG SAID NORTH LINE OF NE ¼ OF SEC. 24, A DISTANCE OF 85.84 FEET TO THE NORTHEAST CORNER OF SAID UNPLATTED TRACT; THENCE S01o56’43”W ALONG A EAST LINE OF SAID UNPLATTED TRACT, A DISTANCE OF 40.04 FEET; THENCE S01o56’33”W ALONG A EAST LINE OF SAID UNPLATTED TRACT, A DISTANCE OF 23.01 FEET; THENCE S49o50’39”E ALONG THE EAST LINE OF SAID UNPLATTED TRACT, A DISTANCE OF 11.52 FEET; THENCE S89o28’39”W A DISTANCE OF 91.33 FEET TO A POINT ON THE WEST LINE OF SAID UNPLATTED TRACT; THENCE N00o57’24”W ALONG SAID WEST LINE, A DISTANCE OF 30.50 FEET; THENCE N00o57’24” W A DISTANCE OF 40.00 FEET TO A POINT OF BEGINNING. SAID TRACT CONTAINS 5,960 SF MORE OR LESS, OF WHICH 2,805 SF ARE EXISTING AND 3,155 SF ARE NEW. WHEREAS, such dedication of 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 dedicate said right-of-way on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 104 / 138 2017-3110PROJECT NO: DRAWN BY: 1.9.2020DATE: LS EXHIBIT RIGHT OF WAY TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SITE LOCATION SEC. 24 T11N-R10W P.O.B. Grand Island Council Session - 6/9/2020 Page 105 / 138 2017-3110PROJECT NO: DRAWN BY: 1.9.2020DATE: LS EXHIBIT RIGHT OF WAY TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SURVEYOR'S CERTIFICATE RIGHT-OF-WAY DESCRIPTION SECTION TIES Grand Island Council Session - 6/9/2020 Page 106 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-10 #2020-135 - Approving Bid Award for Annual Supply of Road Deicing Salt 2020-2021 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2020 Page 107 / 138 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:June 9, 2020 Subject:Approving Bid Award for Annual Supply of Road Deicing Salt 2020-2021 Presenter(s):John Collins PE, Public Works Director Background The City of Grand Island Streets Division uses granular road salt and other granular products to treat icy roadway conditions during the winter months. The salt storage facility, “Salt Dome”, is capable of holding 900 Tons of bulk deicing material. Average annual tonnage of road deicing chemicals used by the City ranges between 1,000 tons and 1,500 tons. The storage facility is filled to maximum capacity after winter and kept as full as possible during the winter months. Currently, the salt storage facility is not full and would require an additional 300 Tons to reach capacity. Each bid line item was considered and recommended for award separately. These items include two (2) separate times of year conditions, off-peak and peak seasons. Off-Peak pricing shall be valid between May 1 and August 31; Peak season pricing shall be valid between September 1 and April 30. Discussion Bids were advertised on May 13, 2020 and sent to seven (7) potential bidders. Three (3) bids were received and opened on May 28, 2020. Below is the bid award recommendation. Annual Supply of Road Deicing Chemicals Bid Award Recommendation Deicing Chemical, Condition Date Range Vendor Unit Price Nebraska Salt & Grain CoROAD SALT, OFF-PEAK May 1- Aug 31 Gothenburg, NE $52.79 per ton Nebraska Salt & Grain CoROAD SALT, PEAK Sept 1-Apr 30 Gothenburg, NE $55.55 per ton Grand Island Council Session - 6/9/2020 Page 108 / 138 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of Annual Supply of Road Deicing Salt 2020-2021 according to the bid award recommendation. Sample Motion Move to approve the purchase of the Annual Supply of Road Deicing Salt 2020-2021 according to the bid award recommendation. Grand Island Council Session - 6/9/2020 Page 109 / 138 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 28, 2020 at 2:00 p.m. FOR:Annual Supply of Road Deicing Salt 2020-2021 DEPARTMENT:Public Works ESTIMATE:Road Salt, Off-Peak $62.00 per ton Road Salt, Peak $65.00 per ton FUND/ACCOUNT:21033502-85535 PUBLICATION DATE:May 13, 2020 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Nebraska Salt & Grain Co.Central Salt, LLC Gothenburg, NE Lyons, KS Exceptions:None None Bid Price: Road Salt, Off-Peak:$52.79 per ton $58.71 per ton Road Salt, Peak:$55.55 per ton $60.89 per ton Bidder:Black Strap, Inc. Neligh, NE Exceptions:None Bid Price: Road Salt, Off-Peak:$53.50 per ton Road Salt, Peak:$56.00 per ton cc:John Collings, Public WorksDirector Catrina DeLosh, PW Admin. Coordinator Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P2211 Grand Island Council Session - 6/9/2020 Page 110 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-135 WHEREAS, the City of Grand Island invited sealed bids for furnishing Annual Supply of Road Deicing Salt 2020-2021, according to plans and specifications on file with the Public Works Department; and WHEREAS, on May 28, 2020 bids were received, opened and reviewed; and, WHEREAS, three (3) vendors submitted responsible bids within the bid specifications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bid line items, are hereby approved; Deicing Chemical, Condition Date Range Vendor Unit Price Nebraska Salt & Grain CoROAD SALT, OFF-PEAK May 1- Aug 31 Gothenburg, NE $52.79 per ton Nebraska Salt & Grain CoROAD SALT, PEAK Sept 1-Apr 30 Gothenburg, NE $55.55 per ton - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 111 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-11 #2020-136 - Approving Amendment No. 2 with Iteris, Inc. for 2019 Signal Timing Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2020 Page 112 / 138 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 9, 2020 Subject:Approving Amendment No. 2 with Iteris, Inc. for 2019 Signal Timing Project Presenter(s):John Collins PE, Public Works Director Background On January 22, 2019, via Resolution No. 2019-35, City Council approved an Engineering Services Agreement with Iteris, Inc. of Lincoln, Nebraska in the amount of $77,346.91for 2019 Signal Timing Project. On January 14, 2020, via Resolution No. 2020-13, City Council approved an amendment to the original agreement to address signal controllers falling out of sync. The amendment allowed for the consultant to troubleshoot the problem with City staff related to clock drifting in existing field controllers at 22 intersections at an increase of $10,085.00, resulting in a revised agreement amount of $87,431.91. To optimize traffic signal timings/operations along the US 281 Highway Corridor from Capital Avenue to Highway 30 interchange proposals were requested for traffic engineering services. Iteris, Inc. engineers worked with City staff to develop four (4) optimized timing plans including AM, Midday, PM, and Off-Peak time periods. The consultant has worked with City staff to implement the optimized timings into existing equipment. Discussion During the final inspection of traffic signal timing restrictions were put in place on travel due to COVID-19, affecting the schedule and timeline for Iteris, Inc. to complete this project. The original completion date was May 31, 2020, however due to the restrictions and unknown time of returning to normal Public Works staff is requesting to extend the completion date to October 31, 2020. There will be no adjustment to the agreement amount with this extension. This amendment will allow the final travel time runs to be completed under more typical conditions while school is in session. Grand Island Council Session - 6/9/2020 Page 113 / 138 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 2 to the original agreement with Iteris, Inc. of Lincoln, Nebraska, at no additional cost. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/9/2020 Page 114 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-136 WHEREAS, on January 22, 2019, via Resolution No. 2019-35 the Grand Island City Council approved entering into an agreement with Iteris, Inc. of Lincoln, Nebraska in the amount of $77,346.91 for 2019 Signal Timing Project; and WHEREAS, on January 14, 2020, via Resolution No. 2020-13, City Council approved an amendment to the original agreement to address signal controllers falling out of sync for an increase to the original agreement of $10,085.00, resulting in a revised agreement amount of $87,431.91; and WHEREAS, the original agreement is now being amended to extend the completion date to October 31, 2020 to address time delays in the final inspection due to COVID-19 restrictions; and WHEREAS, there will be no adjustment to the agreement amount with this extension; and WHEREAS, Amendment No. 2 to the original agreement with Iteris, Inc. of Grand Island, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 with Iteris, Inc. of Grand Island, Nebraska related to the 2019 Signal Timing Project is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 115 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-12 #2020-137 - Approving Amendment No. 1 to Engineering Consulting Agreement for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2020 Page 116 / 138 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 9, 2020 Subject:Approving Amendment No. 1 to Engineering Consulting Agreement for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 Presenter(s):John Collins PE, Public Works Director Background The North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 is for the improvement of North Road from just north of the intersection with US Highway 30 and the intersection with Old Potash Highway. The Engineering Division of the Public Works Department is proposing a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and all other related improvements needed to complete the project. On October 22, 2019, via Resolution No. 2019-320, City Council approved an Engineering Services Agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $76,944.00 for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12. Discussion With preliminary design nearing completion for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 it is necessary to amend the original agreement with Alfred Benesch & Company. Such amendment will allow for final design, right-of-way and easement acquisitions, utility coordination, and the bidding phase. An amendment to the original agreement with Alfred Benesch & Company is requested at this time, in the amount of $116,324.00, for a total revised agreement amount of $193,268.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 6/9/2020 Page 117 / 138 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska, in the amount of $116,324.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/9/2020 Page 118 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-137 WHEREAS, on October 22, 2019, via Resolution No. 2019-320, City Council approved an Engineering Services Agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $76,944.00 for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12; and WHEREAS, the original agreement is now being amended to include final design, right-of-way and easement acquisitions, utility coordination, and the bidding phase for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12; and WHEREAS, such amendment is in the amount of $116,324.00, for a revised total agreement amount of $193,268.00; and WHEREAS, Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Alfred Benesch & Company of Lincoln, Nebraska for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 119 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item G-13 #2020-138 - Approving Final Plat and Subdivision Agreement for Nikodym Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 6/9/2020 Page 120 / 138 Council Agenda Memo From:Regional Planning Commission Meeting:June 9, 2020 Subject:Nikodym Second Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background A replat of all of Lot 3, of Nikodym Subdivision, in the City of Grand Island, Hall County, Nebraska. Located north of Bismark Road, west of Stuhr Road and east of Cherry Street (2 lots, 13.432 acres).This property is zoned RD- Residential Development Zone and is in the process of being rezoned to Amended RD- Residential Development Zone. Lot 1 will be the location of a natural gas regulator station. Lot 2 will be reserved for future residential development. Any development will require additional Council approval. Discussion The final plat for Nikodym Second Subdivision was considered at the Regional Planning Commission at the May 6, 2020 meeting. A motion was made by Rainforth and second by Rubio to recommend approval of Redevelopment Rezoning of Lot 3 Nikodym Subdivision and the Nikodym Second Subdivision Plat. The motion carried with nine members voting in favor (O’Neill, Nelson, Ruge, Monter, Maurer, Rainforth, Rubio, Robb and Randone) and no members voting no. Robb was unable to voice his vote on the Zoom Virtual Meeting but called Planning Director Nabity and indicated his approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 6/9/2020 Page 121 / 138 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 6/9/2020 Page 122 / 138 Developer/Owner JNIK, LLC & Jim Nikodym Revocable Trust 1010 Bismark Ave Grand Island, NE 68801 Size: Final Plat 2 lots, 13.432 Acres Zoning: RD Residential Development Zone and Amended Residential Development Zone. Road Access: Existing Streets Water Public: City water is available and will be extended to all lots. Sewer Public: City sewer is available and will be extended to all lots. Grand Island Council Session - 6/9/2020 Page 123 / 138 SUBDIVISION AGREEMENT NIKODYM SECOND SUBDIVISION (Lots 1 and 2) In the City of Grand Island, Hall County Nebraska The undersigned JNIK, LLC., A NEBRASKA LIMITED LIABILITY COMPANY AND MIRIAM I. NIKODYM, SUCCESSOR TRUSTEE OF THE JIM F. NIKODYM REVOCABLE TRUST hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A REPLAT OF ALL OF LOT 3, NIKODYM SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 585,110.82 SQUARE FEET OR 13.422 ACRES MORE OR LESS. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as NIKODYM SECOND SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, * This Space Reserved for Register of Deeds * Grand Island Council Session - 6/9/2020 Page 124 / 138 - 2 - and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said NIKODYM SECOND SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Cherry Street and Bismark Road where they about the subdivision. 2.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. Grand Island Council Session - 6/9/2020 Page 125 / 138 - 3 - 5.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island when the Lots 1 and 2 are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Street Name Curb sidewalk Conventional Sidewalk Sidewalk Requirement Waived by Council Cherry Street X NO Bismark Road X NO 6.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. Landscaping on Lot 1 shall include a 6 foot site obscuring fence around the site of the gas regulator station. 7.RD Zone. The Subdivider agrees to provide a 30 foot front yard setback from Bismark Road to provide the required landscape buffer and to provide a 6 foot site obscuring fence around Lot 1 at least 10 feet from the property line. The Subdivider also agrees that development of Lot 2 shall be restricted with no further development until such time a plan is presented to and approved by the Grand Island City Council or the property is rezoned to another zoning district. 8.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. Grand Island Council Session - 6/9/2020 Page 126 / 138 - 4 - 9.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 10.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as NIKODYM SECOND SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 12.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2020. Grand Island Council Session - 6/9/2020 Page 127 / 138 - 5 - JNIK, LLC., A NEBRASKA LIMITED LIABILITY COMPANY By: ____________________________________ JOHN NIKODYM., MANANGER STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2020, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John Nikodym., Manager of JNIK, LLC., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of JNIK, LLC., a Nebraska Limited Liability Company. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ MIRIAM I. NIKODYM, SUCCESSOR TRUSTEE OF THE JIM F. NIKODYM REVOCABLE TRUST By: ____________________________________ MIRIAM I. NIKODYM, SUCCESSOR TRUSTEE STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2020, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Miriam I. Nikodym., Successor Trustee of the Jim F. Nikodym Revocable Trust, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of the Jim F. Nikodym Revocable Trust. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Grand Island Council Session - 6/9/2020 Page 128 / 138 - 6 - My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2020-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 6/9/2020 Page 129 / 138 LOT 2N28°22 '36 "W 476 .59 ' (M ,P1 ) S89°35'19"E 1165.09'(M,P1) 1165.04'(P)S00°00'38"E 929.99'(M,P1) 930.0'(P)N89°35'23"W 288.90'(M,P1)N00°18'06"E 516.97'(M,P1)N90°00'00"W 652.55'(M,P1) LOT 1 90.00'(M)S89°35'23"E 40.00'(M) S00°18'06"W 90.00'(M) 40.00'(M)426.97'(M)248.90'(M) FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 6/9/2020 Page 130 / 138 Approved as to Form ¤ ___________ April 27, 2020 ¤ City Attorney R E S O L U T I O N 2020-138 WHEREAS JNIK, LLC., a Nebraska Limited Liability Company AND Miriam I. Nikodym Successor Trustee of the Jim F. Nikodym Revocable Trust being the said owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “NIKODYM SECOND SUBDIVISION”, a replat of all of Lot 3, Nikodym Subdivision, in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of NIKODYM SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2020. ______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 131 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item I-1 #2020-139 - Consideration of Approving Golf Pro Request for Reduced Bonus Thresholds Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/9/2020 Page 132 / 138 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:June 9, 2020 Subject:Golf Pro Request for Reduced Bonus Thresholds Presenter(s):Jerry Janulewicz, City Administrator Background On March 29, 2017, the City of Grand Island and Don E. Kruse entered into a golf license agreement whereby the City contracted with Mr. Kruse to operate the snack bar concessions and serve as golf professional and Director of Golf for Jackrabbit Run Golf Course. Part of the contract provides Mr. Kruse shall receive the following bonus amounts for sales of golf cart passes: From To Bonus $155,000 $160,000 $6,000 $160,001 $165,000 $7,000 $165,001 $170,000 $8,000 $170,001 $175,000 $9,000 $175,001 Or more $10,000 In the spring of 2020 the golf course was closed the month of April and part of both March and May due to COVID-19 related concerns. To address lost income concerns, Mr. Kruse earlier obtained council approval to receive $2,500 per week from the city for each week the golf course was closed. To further address lost income, by email sent May 27, 2020 Mr. Kruse requested the following: I am asking the City to amend my contract concerning my cart bonus quotas. I would like all the quotas to be reduced by $25,000. I am assuming this would have to be passed by the City Council. If so, I would like it to get this on the June 9th meeting if possible. Comparing 2019 to 2020, the cart sales lost for the time we were closed was $25,689. From 3/31-5/26 the carts are down by $27,465. I would like to at least have an opportunity in the fall to have chance at some cart bonus. This bonus has always been a large part of my fall income. This year especially has been a challenge for my staff. We are spending about 3 times Grand Island Council Session - 6/9/2020 Page 133 / 138 the amount of normal time for putting carts back in line. It is very time consuming to disinfect nearly everything that is touched on the carts by our players. Plus we are still washing them off as we always have. I know that the City paid me $5,416 earlier for some missed income, and I really did appreciate this. However, I am still taking a huge hit from the closure of the course, and now the building being closed. I also have had to cancel quite a few events and tournaments. Once again, compared to last year from 3/31-5/26, my commission for green fees and carts is down by $11,850. The biggest thing is my gross sales on beer, concessions, driving range and pro shop are down by $39,798 during this same time. I’m estimating that this will net out to another $12,000-$15,000 in lost income. If this continues through June or longer, the same figures will probably be true for June and future months. I feel I am being very fair with the City for only asking for this change in my contract. It would at least give me something to hope for this fall. The City acquired the golf carts through a lease approved early in 2020. The lease calls for annual lease payments of $27,969 by the City to the lessor. Discussion The attached spreadsheet reflect the current bonus thresholds and bonus amounts and the bonus thresholds proposed by Mr. Kruse. Shown also are examples of the revenue divisions and bonus amounts under the current agreement and that proposed by Mr. Kruse. The column titles City Share less both Cart Lease and Bonus reflects the net amounts that would be received by the City after deducting Mr. Kruse’ commission amounts and bonus amounts and the annual cart lease payments. Like Mr. Kruse, the City experienced a loss of income due to the suspension of play as a result of COVID-19 concerns. If Mr. Kruse’ request is approved by council an amendment to the current agreement will be prepared for the 2020 calendar year and will be presented to the City’s Mayor and Mr. Kruse for their approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 6/9/2020 Page 134 / 138 Recommendation City Administration makes no recommendation regarding this matter, which is being submitted as requested by Mr. Kruse. Should Council choose to amend the bonus schedule, a contract amendment will be prepared for the Mayor’s signature effective for the 2020 calendar year only. Sample Motion Move to approve the Resolution. Grand Island Council Session - 6/9/2020 Page 135 / 138 City ShareGolf Pro ShareBonusGolf Pro TotalCity Share Less Both Cart Lease and Golf Pro BonusCity ShareGolf Pro ShareBonusGolf Pro TotalCity Share Less Both Cart Lease and Golf Pro BonusNet Reduction to CityCart Sales130,000.00$ 97,500.00$ 32,500.00$ -$ 32,500.00$ 69,804.00$ 97,500.00$ 32,500.00$ 6,000.00$ 38,500.00$ 63,531.00$ 6,273.00$ 135,001.00$ 101,250.75$ 33,750.25$ -$ 33,750.25$ 73,554.75$ 101,250.75$ 33,750.25$ 7,000.00$ 40,750.25$ 66,281.75$ 7,273.00$ 140,001.00$ 105,000.75$ 35,000.25$ -$ 35,000.25$ 77,304.75$ 105,000.75$ 35,000.25$ 8,000.00$ 43,000.25$ 69,031.75$ 8,273.00$ 145,001.00$ 108,750.75$ 36,250.25$ -$ 36,250.25$ 81,054.75$ 108,750.75$ 36,250.25$ 9,000.00$ 45,250.25$ 71,781.75$ 9,273.00$ 150,001.00$ 112,500.75$ 37,500.25$ -$ 37,500.25$ 84,804.75$ 112,500.75$ 37,500.25$ 10,000.00$ 47,500.25$ 74,531.75$ 10,273.00$ 155,000.00$ 116,250.00$ 38,750.00$ 6,000.00$ 44,750.00$ 82,554.00$ 116,250.00$ 38,750.00$ 10,000.00$ 48,750.00$ 78,281.00$ 4,273.00$ 160,001.00$ 120,000.75$ 40,000.25$ 7,000.00$ 47,000.25$ 85,304.75$ 120,000.75$ 40,000.25$ 10,000.00$ 50,000.25$ 82,031.75$ 3,273.00$ 165,001.00$ 123,750.75$ 41,250.25$ 8,000.00$ 49,250.25$ 88,054.75$ 123,750.75$ 41,250.25$ 10,000.00$ 51,250.25$ 85,781.75$ 2,273.00$ 170,001.00$ 127,500.75$ 42,500.25$ 9,000.00$ 51,500.25$ 90,804.75$ 127,500.75$ 42,500.25$ 10,000.00$ 52,500.25$ 89,531.75$ 1,273.00$ 175,001.00$ 131,250.75$ 43,750.25$ 10,000.00$ 53,750.25$ 93,554.75$ 131,250.75$ 43,750.25$ 10,000.00$ 53,750.25$ 93,281.75$ 273.00$ Cart Proceeds as Proposed by Mr. KruseCurrent Division of Cart IncomeGrand Island Council Session - 6/9/2020 Page 136 / 138 Approved as to Form ¤ ___________ June 5, 2020 ¤ City Attorney R E S O L U T I O N 2020-139 WHEREAS, On March 29, 2017, the City of Grand Island and Don E. Kruse entered into a golf license agreement whereby the City contracted with Mr. Kruse to operate the snack bar concessions and serve as golf professional and Director of Golf for Jackrabbit Run Golf Course; and WHEREAS, the contract between the City and Mr. Kruse provides for Kruse to receive specified bonus amounts for sales of golf cart passes which exceed certain defined threshold amounts; and WHEREAS, Mr. Kruse is requesting the threshold amounts be reduced by $25,000 at each level during the current calendar year in order for Kruse to recover in part revenue lost during the suspension of golf play and closure of the municipal golf course during the month of April and parts of March and May due to COVID-19 concerns. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the requested reductions of golf cart pass sales bonus thresholds for calendar year 2020 are approved and cart sales bonus schedule in the following amounts is approved: From To Bonus $130,000 $135,000 $6,000 $135,001 $140,000 $7,000 $140,001 $145,000 $8,000 $145,001 $150,000 $9,000 $150,001 or more $10,000 BE IT FURTHER RESOLVED, the City’s legal department is hereby directed to prepare the necessary contract amendment and submit the same for approval of the City’s Mayor and Mr. Kruse, and the Mayor is hereby authorized to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, and June 9, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2020 Page 137 / 138 City of Grand Island Tuesday, June 9, 2020 Council Session Item J-1 Approving Payment of Claims for the Period of May 27, 2020 through June 9, 2020 The Claims for the period of May 27, 2020 through June 9, 2020 for a total amount of $3,600,238.02. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 6/9/2020 Page 138 / 138