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08-25-2020 City Council Regular Meeting Packet City of Grand Island Tuesday, August 25, 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 - 8/25/2020 Page 1 / 239 City of Grand Island Tuesday, August 25, 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 - 8/25/2020 Page 2 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item E-1 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 25 located at 6060 W. Old Potash Highway (J & L Westward Enterprises) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 8/25/2020 Page 3 / 239 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 25, 2020 Subject:Site Specific Redevelopment Plan for CRA Area #25 Presenter(s):Chad Nabity, AICP CRA Director Background In 2017, the Grand Island City Council declared property referred to as CRA Area #25 as blighted and substandard. The enclose redevelopment plan proposes to authorize the use of Tax Increment Financing (TIF) for the acquisition of property and redevelopment of property within this redevelopment area. J & L Westward Enterprises LLC, owns property in this area and is proposing to develop within the area and has submitted a site specific redevelopment plan that would provide for acquisition of this property for relocation and expansion of Webb Cutting Tools, a Grand Island Company at the Cornhusker Army Ammunition Plant, a formerly used defense site outside of Grand Island, Nebraska but within Hall County, Nebraska. The CRA reviewed the proposed development plan on July 8, 2020 and forwarded it to the Hall County Regional Planning Commission for recommendation at its meeting on August 5, 2020. The CRA also sent notification to the City Clerk of its intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on August 5, 2020. The Planning Commission approved Resolution 2020-08 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved and forwarded the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration at its meeting on August 12, 2020. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan amendment (including the cost benefit analysis that was performed regarding this Grand Island Council Session - 8/25/2020 Page 4 / 239 proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #25 and authorizes the CRA to execute a contract for TIF based on the redevelopment plan. The redevelopment plan specifies that the TIF will be used to offset allowed costs for acquisition of property. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for an eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. Eligible expenses are estimated at over $360,000 for identified expenses eligible for tax increment financing associated with the proposed redevelopment plan. The bond for this project will be issued for a period of 15 years and will end upon final payment of the bond principal and any associated interest. The proposed bond for this project will be issued for the expected TIF proceeds for the 15 year period of $359,625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 8/25/2020 Page 5 / 239 Grand Island Council Session - 8/25/2020 Page 6 / 239 Grand Island Council Session - 8/25/2020 Page 7 / 239 Grand Island Council Session - 8/25/2020 Page 8 / 239 Grand Island Council Session - 8/25/2020 Page 9 / 239 Grand Island Council Session - 8/25/2020 Page 10 / 239 Grand Island Council Session - 8/25/2020 Page 11 / 239 Grand Island Council Session - 8/25/2020 Page 12 / 239 Grand Island Council Session - 8/25/2020 Page 13 / 239 Grand Island Council Session - 8/25/2020 Page 14 / 239 Grand Island Council Session - 8/25/2020 Page 15 / 239 Grand Island Council Session - 8/25/2020 Page 16 / 239 Grand Island Council Session - 8/25/2020 Page 17 / 239 Grand Island Council Session - 8/25/2020 Page 18 / 239 Grand Island Council Session - 8/25/2020 Page 19 / 239 Grand Island Council Session - 8/25/2020 Page 20 / 239 Grand Island Council Session - 8/25/2020 Page 21 / 239 Grand Island Council Session - 8/25/2020 Page 22 / 239 Grand Island Council Session - 8/25/2020 Page 23 / 239 Site Specific Redevelopment Plan Grand Island CRA Area 25 (CAAP) July 2020 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to approve a Redevelopment Plan for a specific project for Area 25 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 25. Executive Summary: Project Description THE REDEVELOPMENT OF THE PROPERTY (10 ACRES LOCATED IN PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION (17) SEVENTEEN, TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA) 6060 W. OLD POTASH HIGHWAY (NORTHWEST CORNER OF 60TH ROAD AND OLD POTASH HIGHWAY) FOR INDUSTRIAL USES, INCLUDING CONSTRUCTION OF A 25,000 SQUARE FOOT BUILDING FOR EXPANSION OF THE J&L WESTWARD ENTERPRISES, LLC SICKLE SHARPENING BUSINESS The use of Tax Increment Financing to aid in development expenses associated with redevelopment of the property located at 6060 W. Old Potash Highway. The proposed plans would include the development of a 25,000 square foot building and associated private streets and parking to accommodate the business. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project affordable. The use of this property for industrial non-residential uses is consistent with the Cornhusker Army Ammunition Plant (CAAP) reuse plan as approved and adopted by the CAAP Reuse Committee and the Hall County Board of Supervisors. This project would not be feasible without the use of TIF. J & L Westward, LLC owns approximately 10 acres in the Southern Public Power Industrial Park. Development of the property and expansion of the business is contingent on Tax Increment Financing. J & L Westward, LLC has been located in Grand Island since 1991 and has 30 full time employees. This is an opportunity for them to expand both their business and their employee base, further supporting the local agricultural community. The $108,000 purchase price of this property is a TIF eligible activity. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with this project. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15-year period beginning January 1, 2022 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Grand Island Council Session - 8/25/2020 Page 24 / 239 Property Description (the “Redevelopment Project Area”) LEGAL DESCRIPTION A tract of land being a part of the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4), Section Seventeen (17), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. , Hall County, Nebraska, and more particularly described as follows: Beginning at a Survey Marker Spike and L.S. Washer at the Southeast Corner of the Southeast Quarter of Section 17 and assuming the South line of said Southeast Quarter bearing S 89° 32' 20" W and all bearings contained herein are relative thereto; thence S 89° 32' 20" W on said South line distance of 600.00 feet; thence N 00° 08' 28" E parallel with the East line of said Southeast Quarter a distance of 735.00 feet to a 5/8” rebar w/cap; thence N 89° 32' 20" E parallel with said South line of the Southeast Quarter a distance of 600.00 feet to the East line of said Southeast Quarter; thence S 00° 06' 28" W on said East line a distance of 735.00 feet to the Point of Beginning. Grand Island Council Session - 8/25/2020 Page 25 / 239 Location Map Grand Island Council Session - 8/25/2020 Page 26 / 239 The tax increment will be captured for the tax years the payments for which become delinquent in years 2023 through 2037 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from the construction of a building to house the J & L Westward business. This use is permitted at this location. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on July 25, 2017.[§18-2109] Such Grand Island Council Session - 8/25/2020 Page 27 / 239 declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This property is not located within Grand Island or the 2 mile extraterritorial jurisdiction of Grand Island. Hall County adopted their comprehensive plan including the CAAP redevelopment plan on April 20, 2004. This redevelopment plan amendment and project are consistent with the Hall County Comprehensive Plan and the CAAP Reuse Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to develop property with permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on August 5, 2020 and passed Resolution 2020-08 confirming that this project is consistent with the Comprehensive Plan for the Hall County. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: This Redevelopment Plan provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority Property acquisition is an eligible activity for this project. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. c. Future Land Use Plan Within the Hall County Comprehensive Plan as adopted and updated since 2004 this area and all of the CAAP grounds are designated as CAAP Reuse Area. According to the CAAP Reuse Plan this particular area is planned for Agriculture and Special Industrial Uses. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 8/25/2020 Page 28 / 239 Grand Island Council Session - 8/25/2020 Page 29 / 239 Site Layout Grand Island Council Session - 8/25/2020 Page 30 / 239 Proposed Building Grand Island Council Session - 8/25/2020 Page 31 / 239 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned AG/SI-Special Agriculture/Industrial zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is proposing to construct a 25,000 square foot manufacturing facility. The proposed development is within the site coverage and intensity of use limits of the district. This is a permitted use at this location. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Municipal sewer and water are not available to this development. Electric utilities are sufficient for the proposed use of this building. No other utilities would be impacted by the development. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property, owned by the developer, is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer owns this property and acquisition is not part of the request for tax increment financing. The estimated costs of redevelopment of this property is $2,042,483 Acquisition of the property was $108,000 along with site prep cost of $52,700. A total of $111,373 will be spent on improvements to street maintained publicly and privately. Planning related expenses for Architectural and Engineering services of $79,375 and are included as a TIF eligible expense. Legal, Fees including a reimbursement to the City and the CRA of $12,100 are included as TIF eligible expense. Grand Island Council Session - 8/25/2020 Page 32 / 239 The total of the TIF eligible expenses is $363,548. The CRA will issue a zero percent interest bond in the amount of $359,625 the total TIF requested and expected over the 15 year period. It is anticipated that this will generate $252,647 of capital at the beginning of this project if the borrower can finance the debt at 5% interest over 15 years. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $359,625 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2022 through December 2037. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of encouraging appropriate industrial development at the CAAP. Grand Island Council Session - 8/25/2020 Page 33 / 239 8. Time Frame for Development Development of this project is anticipated to be completed between September 2020 and December of 2021. Excess valuation should be available for this project for 15 years beginning with the 2022 tax year. 9. Justification of Project The property at the Cornhusker Army Ammunition Plant has been touted as one of the premiere industrial sites in the State of Nebraska for more than 20 years. This property has developed slowly because of lack of municipal infrastructure and lack of activity at the site. This new manufacturing facility and the associated new building(s) may be the seeds that will create additional growth in this area. The Nebraska Legislature and Governor in approving the use of TIF within former military sites within the state recognized the challenges with redeveloping this large, mostly abandoned sites. It is also anticipated that this project will create 6 full and 3 part time jobs with aggregate wages of $267,000 and benefits. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $359,625 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $2,586,781 in private sector financing; a private investment of $7.19 for every TIF dollar invested. Description TIF Funds Private Funds Total Site Acquisition $108,000 $108,000 Legal and Plan*12100 $12,100 Engineering/Arch 79375 $79,375 Public and Private Streets 107450 $3,923 $111,373 Site Prep/Grading 52700 New Construction $1,682,858 $1,682,858 Equipment $900,000 $900,000 TOTALS $359,625 $2,586,781 $2,946,406 Use of Funds. Grand Island Council Session - 8/25/2020 Page 34 / 239 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2019, valuation of $94,373. Based on the 2019 levy this would result in a real property tax of approximately $1,234. It is anticipated that the assessed value will increase by $1,634,594 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of approximately $23,600 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2019 assessed value:$ 94,373 Estimated value after completion $ 1,728,967 Increment value $ 1,634,594 Annual TIF generated (estimated)$ 23,600 TIF bond issue $ 359,625 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $94,373. The proposed redevelopment will create additional valuation of $1,634,594. No tax shifts are anticipated from the project. This project will not have a direct negative impact on local schools systems. The school system will gain an immediate bump in personal property taxes from the new equipment purchases and a long-term benefit from the additional tax base created on the property. No new roads will be created for this project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools in any significant way. Fire and police protection are available and should not be negatively impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will create some additional employment in the area. Unemployment is low in this area. The impacts on existing employers in the area will be minimal as there are not many new employees. Grand Island Council Session - 8/25/2020 Page 35 / 239 (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers in any manner different from any other expanding business within the Grand Island area. (e) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project is consistent the goals of the CAAP Reuse Plan and would be a step forward in creating the industrial district envisioned with that redevelopment. These types of uses that do not mix well with residential uses are ideal for property that is highly restricted for residential development. Time Frame for Development Development of this project is anticipated to be completed during between September of 2020 and December 31 of 2021. The base tax year should be calculated on the value of the property as of January 1, 2021. Excess valuation should be available for this project for 15 years beginning in 2022 with taxes due in 2023. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $359,625 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $363,548 on TIF eligible activities. The CRA will reserve the right to issue additional debt for this project upon notification by the developer of sufficient expenses and valuation to support such debt in the form of a second or third bond issuance. Grand Island Council Session - 8/25/2020 Page 36 / 239 Grand Island Council Session - 8/25/2020 Page 37 / 239 Grand Island Council Session - 8/25/2020 Page 38 / 239 Grand Island Council Session - 8/25/2020 Page 39 / 239 Grand Island Council Session - 8/25/2020 Page 40 / 239 Grand Island Council Session - 8/25/2020 Page 41 / 239 Grand Island Council Session - 8/25/2020 Page 42 / 239 Grand Island Council Session - 8/25/2020 Page 43 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item E-2 Public Hearing on Acquisition of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Melodee A. Anderson- 3515 W Old Potash Highway and R & D Investments, LLC- 120 Diers Avenue) Council action will take place under Consent Agenda item G-9. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 44 / 239 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:August 25, 2020 Subject:Public Hearing on Acquisition of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P- 1 (Melodee A. Anderson- 3515 W Old Potash Highway and R & D Investments, LLC- 120 Diers Avenue) Presenter(s):John Collins PE, Public Works Director Background The Old Potash Highway Roadway Improvements; Project No. 2019-P-1 is for improvements to Old Potash Highway, as well as intersecting roadways from North Road to Webb Road. The interaction between the various traffic features is complex, so an overall master plan was created to ensure that the individual projects will function together and address other safety issues in these areas. This plan includes widening and reconfiguring Old Potash Highway, signal and geometric improvements at each intersection, access management throughout the corridor, and improvements to the north and south of the Old Potash Highway corridor. Improvements are needed to allow the corridor to safely handle the ever increasing traffic in this area. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public right-of-way is needed to accommodate intersection improvements for the Old Potash Highway Roadway Improvements; Project No. 2019-P-1. The property owners have signed the necessary documents to grant the property, as shown on the attached drawings. Engineering staff of the Public Works Department negotiated with the property owners for such purchases. Property Owner Legal Description Amount MELODEE A. ANDERSON, TRUSTEE A TRACT OF LAND LOCATED IN LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, 22,540.00 Grand Island Council Session - 8/25/2020 Page 45 / 239 ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; THENCE ON AN ASSUMED BEARING OF N89o27’25”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; A DISTANCE OF 348.11 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00o57’24”E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 30.50 FEET; THENCE S89o28’39”W A DISTANCE OF 12.73 FEET THENCE N79o21’21”W A DISTANCE OF 77.24 FEET; THENCE N89o05’25”W A DISTANCE OF 259.84 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o59’34”W ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 8.92 FEET TO A POINT OF BEGINNING. SAID TRACT CONTAINS 5,302 SF. R & D INVESTMENTS, LLC A TRACT OF LAND LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 10.31 FEET; THENCE S89o05’25”E A DISTANCE OF 158.95 FEET; THENCE N89o28’39”E A DISTANCE OF 172.30 FEET; THENCE N44o18’07”E A DISTANCE OF 13.81 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, POINT ALSO BEING THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S01o34’58”E ALONG THE EAST LINE OF SAID LOT 2, LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF SAID DIERS AVENUE, A DISTANCE OF 16.42 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, POINT ALSO BEING THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH & THE WEST RIGHT-OF- WAY LINE OF SAID DIERS AVENUE; THENCE S89o31’31”W ALONG THE SOUTH LINE OF SAID LOT 2, LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SAID OLD POTASH, A DISTANCE OF 341.04 FEET TO A POINT OF BEGINNING. SAID TRACT CONTAINS 2,574 SF. $12,870.00 Total= $35,410.00 Grand Island Council Session - 8/25/2020 Page 46 / 239 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 acquisitions of the public right-of-way from the affected property owners, in the total amount of $35,410.00. Sample Motion Move to approve the acquisitions. Grand Island Council Session - 8/25/2020 Page 47 / 239 Grand Island Council Session - 8/25/2020 Page 48 / 239 Grand Island Council Session - 8/25/2020 Page 49 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item E-3 Public Hearing on Acquisition of Public Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (R & D Investments, LLC- 120 Diers Avenue) Council action will take place under Consent Agenda item G-10. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 50 / 239 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:August 25, 2020 Subject:Public Hearing on Acquisition of Public Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (R & D Investments, LLC- 120 Diers Avenue) Presenter(s):John Collins PE, Public Works Director Background The Old Potash Highway Roadway Improvements; Project No. 2019-P-1 is for improvements to Old Potash Highway, as well as intersecting roadways from North Road to Webb Road. The interaction between the various traffic features is complex, so an overall master plan was created to ensure that the individual projects will function together and address other safety issues in these areas. This plan includes widening and reconfiguring Old Potash Highway, signal and geometric improvements at each intersection, access management throughout the corridor, and improvements to the north and south of the Old Potash Highway corridor. Improvements are needed to allow the corridor to safely handle the ever increasing traffic in this area. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion A public easements is needed to accommodate the roadway improvements along Old Potash Highway. The property owner has signed the necessary documents to grant the property, as shown on the attached drawing. Engineering staff of the Public Works Department negotiated with the property owner for such purchase. Grand Island Council Session - 8/25/2020 Page 51 / 239 Property Owner Legal Description Amount R & D INVESTMENTS, LLC A PERMANENT ACCESS EASEMENT LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 10.31 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 65.00 FEET; THENCE S89o05’25”E A DISTANCE OF 20.02 FEET; THENCE S01o37’52”E PARALLEL AND 20.00 FEET EAST OF THE WEST LINE OF SAID LOT 2, A DISTANCE OF 65.00 FEET TO A POINT ON THE NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE N89o05’25”W ALONG THE NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 20.02 FEET TO A POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,300 SF MORE OR LESS. and A PERMANENT UTILTIY EASEMENT LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, THENCE ON AN ASSUMED BEARING N01o34’58”W ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 56.99 FEET TO A POINT OF CURVATURE, THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 029o14’13”, A RADIUS OF 230.00 FEET; A CHORD BEARING OF N13o16’32”E WITH $4,710.00 Grand Island Council Session - 8/25/2020 Page 52 / 239 A CHORD DISTANCE OF 116.10 FEET, AN ARC LENGTH OF 117.36 FEET TO THE POINT OF BEGINNING; THENCE N12o45’05”W A DISTANCE OF 22.00 FEET TO A POINT ON THE EAST LINE OF AN EXISTING UTILTIY EASEMENT; THENCE N16o14’55”E ALONG A EAST LINE OF SAID EXISTING UTILITY EASEMENT A DISTANCE OF 36.88 FEET; THENCE S89o49’05”E ALONG A SOUTH LINE OF SAID EXISTING UTILTIY EASEMENT A DISTANCE OF 2.17 FEET; THENCE S12o45’05”E A DISTANCE OF 33.22 FEET; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 007o08’55”, A RADIUS OF 230.00 FEET; A CHORD BEARING OF S31o28’05”W WITH A CHORD DISTANCE OF 28.68 FEET, AN ARC LENGTH OF 28.70 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 582 SQ FT MORE OR LESS. TOTAL= $4,710.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of public easements from the affected property owner for Old Potash Highway Roadway Improvements; Project No. 2019-P-1. Sample Motion Move to approve the acquisitions. Grand Island Council Session - 8/25/2020 Page 53 / 239 Grand Island Council Session - 8/25/2020 Page 54 / 239 Grand Island Council Session - 8/25/2020 Page 55 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item E-4 Public Hearing on Acquisition of Public Right-of-Way and Public Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Barr None, LLC- 111 Diers Avenue) Council action will take place under Consent Agenda item G-11. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 56 / 239 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:August 25, 2020 Subject:Public Hearing on Acquisition of Public Right-of-Way and Public Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Barr None, LLC- 111 Diers Avenue) Presenter(s):John Collins PE, Public Works Director Background The Old Potash Highway Roadway Improvements; Project No. 2019-P-1 is for improvements to Old Potash Highway, as well as intersecting roadways from North Road to Webb Road. The interaction between the various traffic features is complex, so an overall master plan was created to ensure that the individual projects will function together and address other safety issues in these areas. This plan includes widening and reconfiguring Old Potash Highway, signal and geometric improvements at each intersection, access management throughout the corridor, and improvements to the north and south of the Old Potash Highway corridor. Improvements are needed to allow the corridor to safely handle the ever increasing traffic in this area. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public right-of-way and easements are needed to accommodate the roadway improvements along Old Potash Highway. Negotiations were conducted with the property owner over the last several months. After being unable to reach a mutually agreeable solution, a condemnation hearing was held in Hall County Court on August 14, 2020. The appointed Board of Appraisers has issued their determination. The following is a summary of the appraised amounts offered and the amounts based on the determination of the court appointed appraisers. Grand Island Council Session - 8/25/2020 Page 57 / 239 Acquisition Type Amount Offered Condemnation Amount Public Right-of-Way $18,450.00 $18,450.00 Permanent Utility Easement $ 5,280.00 $12,375.00 Permanent Drainage Easement $19,470.00 $12,375.00 Totals=$43,200.00 $43,200.00 Property Owner Legal Description Amount BARR NONE, LLC A PERMANENT EASEMENT FOR ROAD RIGHT-OF-WAY CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING AT THE ITNERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY & EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE ON AN ASSUMED BEARING OF N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET; TEHNCE S45o48’00”E A DISTANCE OF 28.98 FEET; THENCE N89o28’39”E A DISTANCE OF 136.80 FEET; THENCE N37o10’05”E A DISTANCE OF 61.01 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 AS DESCRIBED IN DEED DOCUMENT NO. 70-004933; THENCE S01o33’52”E ALONG THE WEST LINE OF SAID HIGHWAY 281, A DISTANCE OF 10.33 FEET TO A WESTERLY CORNER OF HIGHWAY 281 RIGHT-OF-WAY; THENCE S33o59’41”W ALONG A WESTERLY LINE OF SAID HIGHWAY 281 RIGHT-OF-WAY, A DISTANCE OF 51.59 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3, POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; THENCE S89o30’38”W ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 165.02 FEET TO A POINT OF BEGINNING. SAID RIGHT- OF-WAY CONTAINS 1,366 SQUARE FEET MORE OR LESS AND A PERMANENT EASEMENT FOR A UTILITY EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), $43,200.00 Grand Island Council Session - 8/25/2020 Page 58 / 239 COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF- WAY TRACT; THENCE ON AN ASSUMED BEARING N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED ROW TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01o59’126”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 32.90 FEET TO A POINT OF CURVATURE; THENCE ON THE WEST LINE OF LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7o00’29”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N02o15’27”E WITH A CHORD DISTANCE OF 20.78 FEET, AN ARC LENGTH OF 20.79 FEET; THENCE S21o05’31”E A DISTANCE OF 57.58 FEET; THENCE S01o04’29”E A DISTANCE OF 20.13 FEET TO A POINT ON THE NORTH LINE OF SAID PROPOSED ROW TRACT; THENCE N45o48’00”W ALONG THE NORTHEASTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 28.98 FEET TO A POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 782 SQUARE FEET MORE OR LESS. AND A PERMANENT EASEMENT FOR A DRAINAGE EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASAKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHEAST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF Grand Island Council Session - 8/25/2020 Page 59 / 239 S89o30’38”W ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, A DISTANCE OF 35.01 FEET TO A SOUTHEAST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE N33o59’41”E ALONG THE SOUTHEAST LINE OF SAID PROPOSED RIGHT-OF- WAY TRACT, A DISTANCE OF 51.59 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED RIGHT-OF- WAY TRACT; THENCE N01o30’24”W ALONG THE EAST LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 10.33 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S37o10’05”W ALONG THE NORTHWESTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 61.03 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED ROW TRACT; THENCE S89o28’39”W ALONG THE NORTH LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 12.12 FEET; THENCE N20o53’08”E A DISTANCE OF 80.91 FEET; THENCE N01o28’59”W A DISTANCE OF 73.36 FEET; THENCE N03o11’21”W A DISTANCE OF 95.09 FEET; THENCE N55o00’09”W A DISTANCE OF 21.43 FEET; THENCE N03o11’21”W A DISTANCE OF 10.83 FEET; THENCE N86o48’389”E A DISTANCE OF 27.24 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF HIGHWAY 281; THENCE S01o30’24”E ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 281, A DISTANCE OF 213.67 FEET TO A POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 2,884 SQUARE FEET MORE OR LESS. TOTAL= $43,200.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 8/25/2020 Page 60 / 239 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of public easements and public right-of-way from the affected property owner for Old Potash Highway Roadway Improvements; Project No. 2019-P-1. Sample Motion Move to approve the acquisitions. Grand Island Council Session - 8/25/2020 Page 61 / 239 US-281 16'PROPOSED US-281 TURN LANE PROPOSED CONCRETE FLUME TO INTERCEPT HIGHWAY DRAINAGE AREA INLET AREA INLET PROPOSED TEMPORARY EASEMENT PROPOSED PERMANENT DRAINAGE EASEMENT DRAINAGE PATH (TYP.)DRAIN. EASE.(WIDTH VARIES)RECONSTRUCT PARKING TO RAISE OUTER CURB LINE (TYP.) 7' SIDEWALK 6' TERRACE EXISTING 40' R.O.W.3.5' R.O.W. PROPOSED R.O.W. 24.5' GRADING LIMITS 7' 5.4' 32' DIERS AVENUEOLD POTASH HIGHWAY10' TEMP.EASE.49' DRIVEWAY EXISTING STALLS = 44 STALLS FOLLOWING PROPOSED IMPROVEMENTS = 44 (BOTH COUNTS EXCLUDE TRAILER PARKING) EXISTING 16' UTILITY EASEMENT PARKING STALL IMPACT PARKING STALL IMPACT OWNER: BARR NONE LLC. LOT 3, COMMONWEALTH BUSINESS PARK SUBD. ADDRESS: 111 N DIERS AVE 893 S.F. RIGHT-OF-WAY 16177 S.F. TEMPORARY EASEMENT 3053 S.F. PERMANENT EASEMENT TRACT 18 www.olsson.comTEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 TRACT 18 PROTECT SIGN 28.2'TEMP.EASE.WIDTHVARIES1' CURB TO EASE.2' CURBTO FLUMEDRAIN. EASE.(WIDTH VARIES)20'18' PROPOSED PERMANENT UTILITY EASEMENT Grand Island Council Session - 8/25/2020 Page 62 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-1 Approving Minutes of August 11, 2020 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 8/25/2020 Page 63 / 239 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 11, 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 August 11, 2020. Notice of the meeting was given in The Grand Island Independent on August 5, 2020. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Justin Scott, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke, Clay Schutz, Mitch Nickerson, and Chuck Haase. Councilmember Jeremy Jones was absent. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John Collins. BOARD OF EQUALIZATION: Motion by Minton, second by Nickerson to adjourn to the Board of Equalization. Motion adopted. #2020-BE-2 - Consideration of Determining Benefits for Sanitary Sewer District No. 543; Willow Street. Public Works Director John Collins reported that Starostka Group Unlimited, Inc. of Grand Island, Nebraska was hired to perform work on Sanitary Sewer District No. 543 in the amount of $402,798.85. Work was completed at a price of $365,223.08; with additional costs of $57,172.63. The costs for this project would be assessed to the adjacent property. Staff recommended approval. Motion by Stelk, second by Schutz to approve Resolution #2020-BE-2. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Schutz, second by Hehnke to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Amy J Schutte dba Bella Design & Decor, 110 East 3rd Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Amy J. Schutte dba Bella Design & Decor, 110 East 3rd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on July 20, 2020; notice to the general public of date, time, and place of hearing published on August 1, 2020; notice to the applicant of date, time, and place of hearing mailed on July 27, 2020. Staff recommended approval contingent upon final inspections. 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: Grand Island Council Session - 8/25/2020 Page 64 / 239 Page 2, City Council Regular Meeting, August 11, 2020 #9780 - Consideration of Amending Grand Island City Code Section 2-21 - City Council Members Compensation #9781 - Consideration of Salary Ordinance #9782 - Consideration of Approving Benefits for Sanitary Sewer District No. 543; Willow Street be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9780 - Consideration of Amending Grand Island City Code Section 2-21 - City Council Members Compensation Human Resources Director Aaron Schmid reported that a wage survey was completed in 2019 which included a review of Council compensation. Array responses indicated the midpoint compensation should be adjusted to eight thousand four hundred dollars ($8,400.00). The proposed increase would become effective the first regular Council meeting in December with the seating of the next Council. Under current law, the filing fee for city council was based upon the salary in effect for council members as of November 30 of the year preceding the election. Staff made no recommendation. Motion by Minton, second by Nickerson to approve Ordinance #9780. Jay Vavricek, 2729 Brentwood Boulevard spoke in opposition. It was mentioned that there had been only 2 increases in the past 19 years. Several comments were made about this not being the right time for an increase. City Clerk: Ordinance #9780 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted no. Motion failed. #9781 - Consideration of Salary Ordinance Human Resources Director Aaron Schmid reported that a Salary Ordinance was presented each year as a part of the budget process. Wage changes presented were for bargaining units according to their respective labor agreements and negotiated wages. Average union changes range from zero to three percent. The Ordinance also included changes to the non-union positions. Changes reflected a one and one half percent increase along with classification specific adjustments. The adjustments were part of a three year plan to bring compensation closer to comparability of array cities. A one-half percent increase in pension contribution had been factored into the non-union rate calculations. Staff recommended approval. Motion by Minton, second by Paulick to approve Ordinance #9781. Jay Vavricek, 2729 Brentwood Boulevard spoke in support. City Clerk: Ordinance #9781 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 8/25/2020 Page 65 / 239 Page 3, City Council Regular Meeting, August 11, 2020 City Clerk: Ordinance #9781 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9781 is declared to be lawfully adopted upon publication as required by law. #9782 - Consideration of Approving Benefits for Sanitary Sewer District No. 543; Willow Street This item was related to the above Board of Equalization item. Staff recommended approval. Motion by Paulick, second by Minton to approve Ordinance #9782. City Clerk: Ordinance #9782 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9782 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9782 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-3 was removed for further discussion. Motion by Paulick, second by Hehnke to approve the Consent Agenda excluding item G-3. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 27, 2020 Joint Health Department Meeting. Approving Minutes of July 28, 2020 City Council Regular Meeting. Approving Request of Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) for Ratification of Nomination and Election of Board of Directors. City Clerk RaNae Edwards reported this was item was done yearly to ratify the nomination and election of the Board of Directors or the Heartland Events Center Board. Jay Vavricek, 2729 Brentwood Boulevard spoke in support. Motion by Stelk, second by Schutz to approve. Upon roll call vote, all voted aye. Motion adopted. #2020-181 - Approving Request from Amy J Schutte, LLC dba Bella Design & Decor, 110 East 3rd Street, for a Class “C” Liquor License. #2020-182 - Approving Bid Award - Electrostatic Precipitator Controls Upgrade with The Babcock & Wilcox Company of Newport News, Virginia in an Amount of $177,790.80. Grand Island Council Session - 8/25/2020 Page 66 / 239 Page 4, City Council Regular Meeting, August 11, 2020 #2020-183 - Approving Bid Award - Precipitator Bottom Ash & Industrial Cleaning at Platte Generating Station - Fall 2020 with AIMS Companies of Scottsdale, Arizona in an Amount of $163,346.25. #2020-184 - Approving PGS Coal Combustion Residual (CCR) Groundwater Services - Task #15 with HDR Engineering, Inc. in an Amount no to exceed $35,600.00. #2020-185 - Approving Memorandum of Understanding between the City of Grand Island and the Union Local No. 1597, IBEW, AFL-CIO (Utilities Department). #2020-186 - Approving Annual Payment for Utility Billing Software Support with N. Harris Computer Corporation dba Advanced Utility Systems of Chicago, Illinois in an Amount of $86,270.69. #2020-187 - Approving Amendment No. 2 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation– Downtown; Project No. 2019-S-1, Phase II with Olsson, Inc. of Grand Island, Nebraska for an Increase of $35,888.00 and a Revised Contract Amount of $178,801.00. #2020-188 - Approving 2019 Community Development Block Grant Coronavirus Response Amendment. #2020-189 - Approving Subordination Request for Tom and Cindy Tjaden located at 114 Cherokee Avenue. RESOLUITONS: #2020-190 - Consideration of Approving FY 2020-2021 Annual Budget for Railside Business Improvement District and Setting Date for Board of Equalization. Finance Director Patrick Brown reported that the City had received the 2020-2021 budget that provided for a total special assessment of $119,985.06 within the Railside Business Improvement District. It was recommended that the Board of Equalization on the proposed assessments be set for September 8, 2020. Jay Vavricek, 2729 Brentwood Boulevard spoke in support. Amos Anson representing the Railside Business Improvement District answered questions regarding what effort had taken place on the north side of the tracks. He explained they would have to create a district or expand the Railside district. Kara Lemburg, 1507 West 1st Street stated since the pandemic they had lost 3 businesses downtown. Cindy Johnson representing the Chamber of Commerce commented on the changes since COVID-19 and the challenges for all businesses in Grand Island. Motion by Hehnke, second by Paulick to approve Resolution #2020-190. Upon roll call vote, all voted aye. Motion adopted. #2020-191 - Consideration of Approving FY 2020-2021 Annual Budget for Fonner Park Business Improvement District and Setting Date for Board of Equalization. Finance Director Patrick Brown reported that the City had received the 2020-2021 budget that provided for a total special assessment of $49,490.00 within the Fonner Park Business Improvement District. It was Grand Island Council Session - 8/25/2020 Page 67 / 239 Page 5, City Council Regular Meeting, August 11, 2020 recommended that the Board of Equalization on the proposed assessments be set for September 8, 2020. Motion by Minton, second by Paulick to approve Resolution #2020-191. Upon roll call vote, all voted aye. Motion adopted. #2020-192 - Consideration of Approving FY 2020-2021 Annual Budget for South Locust Street Business Improvement District and Setting Date for Board of Equalization. Finance Director Patrick Brown reported that the City had received the 2020-2021 budget that provided for a total special assessment of $93,233.00 within the South Locust Street Business Improvement District. It was recommended that the Board of Equalization on the proposed assessments be set for September 8, 2020. Motion by Paulick, second by Minton to approve Resolution #2020-192. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Conley to approve the payment of claims for the period of July 29, 2020 through August 11, 2020 for a total amount of $4,778,117.91. Upon roll call vote, all voted aye. Motion adopted. SPECIAL ITEMS: Review of Capital Equipment, Parks Projects, and Overall Budget Discussion. Finance Director Patrick Brown presented the Capital Improvement 400 Funds. Public Works Capital projects totaled $1,585,500.00. The 410 Fund included Capital equipment which was for computers - $50,000.00; Fire - $1,202,000.00; Police – 524,315.00; Emergency Management – 87,000.00; Streets Capital equipment - $877,702.00; Library – 720,000.00; and Parks Department Capital equipment and golf - $393,300.00 for a total of $3,854,317.00 in the 410 Fund. Fire Chief Cory Schmidt answered questions regarding Fire Station 2 expansion which was for dorms. He stated on August 26, 2020 there would be an open house at the new Fire Station 4. Library Director Steve Fosselman answered questions regarding the new HVAC system that was needed at the library. Reviewed were the Parks projects for 2021 totaling $1,612,500; 2022 - $1,475,000; and 2023 - $1,050,000. Parks and Recreation Director Todd McCoy answered questions regarding adding roads to the old cemetery. He stated asphalting the new cemetery was pretty much done. The plan for Stolley Park was to replace the wading pool with a splash pad in 2022. Mr. Brown stated sales tax was down 7.3% for July. All revenues were down for the month of July but not as much as expected which was encouraging. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/25/2020 Page 68 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-2 Approving Re-appointment of Melissa Girard-Lemons to the Animal Advisory Board Mayor Steele has submitted the re-appointment of Melissa Girard-Lemons to the Animal Advisory Board. The appointment would become effective September 1, 2020 upon approval by the City Council and would expire on August 31, 2023. Staff Contact: Mayor Roger Steele Grand Island Council Session - 8/25/2020 Page 69 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-3 Approving Request from Thomas Foutch, 1933 Santa Anita Drive Unit B, Grand Island, Nebraska for Liquor Manager Designation with Riverside Golf Club, 2820 Riverside Drive Staff Contact: RaNae Edwards Grand Island Council Session - 8/25/2020 Page 70 / 239 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:August 25, 2020 Subject:Request from Thomas Foutch, 1933 Santa Anita Drive, Grand Island, Nebraska for Liquor Manager Designation with Riverside Golf Club, 2820 Riverside Drive Presenter(s):RaNae Edwards, City Clerk Background Thomas Foutch, 1933 Santa Anita Drive, Grand Island, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Riverside Golf Club, 2820 Riverside Drive. This application has been reviewed by the Police Department and City Clerk’s Office. See Police Department report attached. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Mr. Foutch has completed a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Forward the requests with no recommendation. 3.Take no action on the request. Grand Island Council Session - 8/25/2020 Page 71 / 239 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Thomas Foutch, 1933 Santa Anita Drive, Grand Island, Nebraska for Liquor Manager Designation in conjunction with the Class “C- 007703” Liquor License for Riverside Golf Club, 2820 Riverside Drive. Grand Island Council Session - 8/25/2020 Page 72 / 239 08/20/20 Grand Island Police Department Officer Report for Incident L20081471 Nature: Liquor Lic Inv Address: 2820 RIVERSIDE DR; RIVERSIDE GOLF CLUB Location: PAOS Grand Island NE 68801 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 08/20/20 When Reported: 14:05:37 08/17/20 Occurred Between: 14:05:37 08/17/20 and 14:05:37 08/17/20 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT21 LT21 Restaurant Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Dvorak T Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 14:05:37 08/17/20 Disposition: CLO Date: 08/20/20 Judicial Status: Occurred between: 14:05:37 08/17/20 Misc Entry: Jill and: 14:05:37 08/17/20 Modus Operandi: Description : Method : Involvements Date Type Description Grand Island Council Session - 8/25/2020 Page 73 / 239 Officer Report for Incident L20081471 Page 4 of 5 08/20/20 Supplement 309 Grand Island Police Department Supplemental Report Date, Time:8-17-20 Reporting Officer:Sgt Dvorak #309 Unit #:CID Thomas Foutch is applying to become the new liquor manager for Riverside Golf Club. I reviewed the application, and observed that Thomas Foutch was born in Colorado, and has extensive work and residence history in that State, dating back to 1992. Foutch disclosed that he held a Colorado liquor manager license, at the Denver Press Club, from 2017 to 2020. Riverside Golf Club is a longstanding Grand Island institution, and has not requested a new liquor manager investigation since 2014. I searched for Thomas Foutch in Spillman and NCJIS. There is no record of local Spillman contacts, and the only entry in NCJIS was for a valid Nebraska license that was issued on July 24th. It appeared that Foutch only recently moved to Grand Island, which was indicated on his previsous work history. I checked Colorado records, and found that Foutch still posseses a valid Colorado license, and has no convictions of record. I also checked a Law Enforcement Only database that concentrates more on civil records, lawsuits and bankruptcies. Foutch had no entries in this database. Foutch indicated that he has been self employed, in a consulting business, for about 20 years, in addition to his management position at the Denver Press Club. I tried to contact the Club for comments and/or recommendations regarding Foutch's tenure, but found that the Club is closed, due to Covid, with no timetable for re-opening. Since Foutch has been residing and working in Colorado for about two decades, it is difficult to obtain pertinent criminal justice information on his past for the purposes of a liquor license investigation. The minor traffic violations that Thomas disclosed did not appear on his drivers history, and were from years previous. No information that I was able to discover would cause concern for this recommendation. At this time, the Grand Island Police Department has no objection to Thomas Foutch becoming the liquor manager at Riverside Golf Club. Grand Island Council Session - 8/25/2020 Page 74 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-4 #2020-193 - Approving Master Pole Attachment License Agreement between the City of Grand Island and USCOC Nebraska/Kansas LLC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 8/25/2020 Page 75 / 239 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:August 25, 2020 Subject:Master Pole Attachment License Agreement between the City of Grand Island and USCOC Nebraska/Kansas LLC Presenter(s):Timothy Luchsinger, Utilities Director Background USCOC Nebraska/Kansas LLC, (US Cellular) a limited liability registered to do business in Nebraska, has applied for approval to place wireless antenna facilities on City light poles. The agreement follows agreements previously approved by council, which allow private attachments to City’s utility poles, with some specific changes to this agreement that were the result of negotiations between the USCOC Nebraska/Kansas LLC and City’s Legal, Public Works, and Utilities Departments. Discussion The proposed agreement includes an initial five-year term and provides that its attachments to the pole must meet safety and equipment requirements of the Utilities Department. Council is advised that the trend in wireless communications is toward smaller antennas, sometimes referred to as micro cells and distributed antenna systems, for both data backhaul and mobile voice/data services. This trend is fueled by ever- increasing demands for wireless access as well as the industry move toward 5G service, which will be needed to support new technologies such as autonomous cars and the “internet of things.” Thus, pole attachment agreements with USCOC Nebraska/Kansas LLC and others will become more commonplace. 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 - 8/25/2020 Page 76 / 239 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Master Pole Attachment License Agreement between the City of Grand Island and USCOC Nebraska/Kansas LLC. Sample Motion Move to approve the Master Pole Attachment License Agreement between the City of Grand Island and USCOC Nebraska/Kansas LLC. Grand Island Council Session - 8/25/2020 Page 77 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 1 Master Pole Attachment License Agreement Between The City of Grand Island & USCOC Nebraska/Kansas, LLC Grand Island Council Session - 8/25/2020 Page 78 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 2 NON-EXCLUSIVE MASTER POLE ATTACHMENT LICENSE AGREEMENT THIS AGREEMENT, made as of , 2020, between the City of Grand Island, hereinafter called LICENSOR, and USCOC Nebraska/Kansas, LLC, a Delaware limited liability company, hereinafter called LICENSEE. WITNESSETH WHEREAS, LICENSOR is the owner of certain Street Lights or electric distribution poles (“Utility Poles”) located within public rights-of-way within the boundaries of the City of Grand Island, Nebraska (the “City”); and WHEREAS, LICENSEE provides telecommunication services in the territory in which LICENSOR provides electric power; and WHEREAS, LICENSEE desires to install, maintain, and operate communications and related equipment, conduit, utilities, and appurtenances in or upon certain of LICENSOR’S Street Lights or Utility Poles; and WHEREAS, LICENSOR and LICENSEE desire to enter into this Agreement to define the general terms and conditions which govern their relationship with respect to particular Sites (as defined herein) at which LICENSOR may wish to permit LICENSEE to install, maintain, and operate its Equipment on said Street Lights or Utility Poles as hereinafter set forth; and WHEREAS, LICENSOR and LICENSEE acknowledge that they will enter into a site license supplement (“Supplement”), a copy of which is attached hereto as Exhibit A, with respect to each particular Site approved by the LICENSOR, as provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Parties hereto, for themselves, their successors and assigns, do hereby covenant and agree as follows ARTICLE I. DEFINITIONS As used in this Agreement: A “Collocation” shall mean the mounting or installation of equipment on a tower, pole, building or other structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. B “Engineering Design Standards” shall mean those standards approved by the Licensor’s Public Works and Utilities Departments. C “Equipment” shall mean messengers, guy strands, aerial wires, cables, amplifiers, associated power supply equipment and other transmission Grand Island Council Session - 8/25/2020 Page 79 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 3 apparatus necessary for the proper operation of LICENSEE’S telecommunication system including without limitation cabinets, antennae, utilities and fiber that comprise a Small Cell installation. D “Small Cell” shall mean the Equipment attached to LICENSOR’S Street Light or Utility Pole that comprises part of a Network operated by LICENSEE for the provision of Telecommunications Services. E “Make-Ready Costs” shall mean materials, labor, engineering, supervision, site work, and tree trimming costs required in connection with LICENSEE’S installation or modification of Equipment on a Street Light or Utility Pole. Make- Ready Costs shall include the actual costs of changing out Street Lights or Utility Poles (to the extent LICENSOR will be required to change out Street Lights or Utility Poles under this Agreement), including the cost of installation, temporary construction, and all other necessary construction in accordance with applicable industry and safety standards. In addition, Make-Ready Costs include reimbursement to LICENSOR for its removal of lights and lighting equipment and LICENSOR owned communications and/or security equipment, if any, from existing Street Lights or Utility Poles not being used jointly by LICENSOR and LICENSEE and reinstalling them on replacement Street Lights or Utility Poles installed by LICENSEE for joint use by LICENSOR and LICENSEE. Make- Ready Costs shall be actual and documented costs, with documentation to be provided by LICENSOR to LICENSEE within thirty (30) days of receipt of LICENSEE' S written request. Make-Ready Costs shall not include fees which may be separately charged to LICENSEE pursuant to City Ordinance for plan review, permits, and inspections required in connection with any work to be performed by LICENSEE in LICENSOR’S Right-of-Way or other areas. F “Non-Standard Street Light” shall mean any decorative Street Light needed for LICENSEE’S use under this Agreement, whether or not such decorative Street Light is located within a historic district. G “Property” shall mean City Right-of-Way within the City as may be approved by LICENSOR pursuant to a fully-executed Supplement. H “Right-of-Way” or “ROW” shall mean right-of-way dedicated to the public and accepted by the LICENSOR in trust for public use or acquired in fee by the LICENSOR for purposes of maintaining streets and street improvements, including utility easements platted in the front of platted lots which are permitted for use by utilities other than those operated by LICENSOR. However, the term Right-of-Way does not include any easements acquired by the LICENSOR that are limited to municipal uses only, such as sewer, water, drainage, or other municipal purposes, regardless of whether such easements are acquired through the platting process or any other acquisition (and regardless of whether such easements are referred to elsewhere as Right-of-Way) and shall not include any place or property that does not contain or will not contain Street Lights or Utility Poles owned and maintained by the LICENSOR. Grand Island Council Session - 8/25/2020 Page 80 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 4 I “Site” shall mean LICENSOR’S Street Light or Utility Pole in the Right-of-Way as may be approved by LICENSOR pursuant to a fully-executed Supplement, licensed to LICENSEE on a non-exclusive basis, and such areas as necessary to provide access for utilities, ingress and egress, and to maintain LICENSEE’S Equipment (to the extent LICENSOR owns and holds control over the property to be used for ingress and egress), as approved in each Supplement to this Agreement. J “Street Lights” shall mean poles used or to be used for LICENSOR’S lighting in the Right-of-Way as may be approved by LICENSOR in a Supplement. The term Street Lights includes Non-Standard Street Lights; however, the term does not include signal lights, traffic poles, power poles, traffic devices, or light poles for sports fields or arenas, stadium lighting or other lighting of any kind, and does not pertain to poles or other structures owned by others regardless of whether maintained by the LICENSOR for lighting or any other purpose. K “Utility Pole” shall mean a City pole that holds cable television or telephone lines or an electric distribution pole and wires that carry approximately 14,000 volts. It shall not include an electric transmission pole and wires that carry 69,000 volts or more. L “Telecommunications Services” or “Services” has the same meaning as that term is defined in the United States Code, 47 U.S.C. 153 (53) or any other use authorized by and licensed to LICENSEE by the FCC. ARTICLE II. SCOPE OF AGREEMENT A By this Agreement, LICENSOR agrees that LICENSEE may install and maintain its Equipment under the terms and conditions in this Agreement and each applicable Supplement to be entered into from time to time. B LICENSEE may install and maintain Equipment on LICENSOR’S Street Lights and Utility Poles, with such installations to be limited to replacement when required either due to insufficient loading capacity or space, including separation and clearance requirements established by NESC, or mutual written agreement between the Parties of existing Street Lights or Utility Poles or the use of existing Street Lights or Utility Poles (with all such Street Lights and Utility Poles to be used jointly by LICENSOR and LICENSEE), when feasible or available. However, if such are not available for use or replacement, the Parties acknowledge that this Agreement does not limit any rights LICENSEE may have to install and maintain LICENSEE-owned poles (“LICENSEE Poles”) at other locations within LICENSOR’S Right-of-Way, with the design, location, and placement as approved by LICENSOR pursuant to LICENSOR’S Ordinances, the Manual on Uniform Traffic Control Devices (the “MUTCD”), or other regulations then in effect. LICENSOR makes no representation or warranty as to the condition of its existing Street Lights or Utility Poles. Any use of City conduit by LICENSEE shall require a separate mutually-approved agreement with fees, rates and terms between the LICENSOR and LICENSEE. Grand Island Council Session - 8/25/2020 Page 81 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 5 C Subject to the provisions of the Agreement, including the proper execution of APPENDIX 1 and 2, LICENSOR hereby issues to LICENSEE, for any lawful Telecommunications Services purpose, a revocable nonexclusive authorization for the attachment of LICENSEE’S Equipment to LICENSOR’S poles within the territory in which both parties now or hereafter operate. D No use, however extended, of LICENSOR’S poles or payment of any fees or charges required under this Agreement shall create or vest in LICENSEE any ownership or property rights in said poles, but LICENSEE’S rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel LICENSOR to construct, retain, extend, place or maintain any facilities not needed for its own service requirements, nor to reconstruct, replace or substitute any facilities damaged, destroyed or discontinued. E LICENSEE acknowledges that LICENSOR has heretofore entered into, and may in the future enter into, agreements and arrangements with third parties allowing the attachment of their facilities to the poles covered by this Agreement. LICENSOR agrees that no such agreement or arrangement will, in any way, diminish the scope of the license granted hereby or LICENSEE’S rights hereunder. F LICENSEE’S attachment to poles belonging to a third party shall be subject to any restrictions in the Agreement between that third party and LICENSOR authorizing the attachment. ARTICLE III. FEES AND CHARGES A LICENSEE shall pay to LICENSOR the fees and charges specified in and in accordance with the terms and conditions of APPENDIX 1. Nonpayment of any amount due under this Agreement shall constitute a default under Article XXV of this Agreement At the expiration of Initial Term of this Agreement and at the end of each Renewal Term thereafter, LICENSOR may adjust the fees and charges specified in APPENDIX 1 after notice made in writing to LICENSEE not later than sixty (60) days before the end of the then current Term. Any such adjustment shall reflect only changes in LICENSOR’S costs, determined in a manner consistent with the determination of the fees and charges specified in APPENDIX 1 and shall not exceed recurring annual fees established by law applicable law ARTICLE IV. SPECIFICATIONS LICENSEE’S fiber, cable, and Equipment shall be placed and maintained in accordance with the requirements and specifications of APPENDIX 2. LICENSOR shall have the right, upon reasonable notice to LICENSEE, to make reasonable changes and amendments to APPENDIX 2, as controlling laws and regulations are revised. Unless different standards are specified herein, the provisions of the Grand Island Council Session - 8/25/2020 Page 82 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 6 National Electrical Code and the National Electrical Safety Code, and any amendments thereto or replacements thereof, shall be applicable. Unless otherwise waived in writing by LICENSOR, at LICENSEE’S sole expense, a qualified and experienced professional engineer possessing a valid professional engineer license issued by the State of Nebraska must sign or stamp the construction drawings provided to LICENSOR. LICENSEE must participate in a pre-construction survey and LICENSEE’s general contractor may conduct the post-construction inspection and certify that LICENSEE’S Equipment were installed on the identified poles in compliance with the standards APPENDIX 2. The professional engineer’s qualifications must include experience performing such work, or substantially similar work, on electric transmission or distribution systems ARTICLE V. LEGAL AUTHORITY The parties shall at all times observe and comply with, and the provisions of this Agreement are subject to all laws, ordinances and regulations which in any manner affect the rights and obligations of the parties under this Agreement, so long as such laws, ordinances or regulations remain in effect. ARTICLE VI. ISSUANCE OF LICENSES A Before LICENSEE shall replace or make use of any of LICENSOR’S existing Street Lights or Utility Poles within any Property, the Site licensed to LICENSEE shall be as described in the applicable Supplement, as executed by the Parties. LICENSEE shall request permission in writing for each site, which writing shall be made by means of a completed application submitted in compliance with the procedures set forth in this Agreement. B Notwithstanding the foregoing, LICENSEE may, without submitting an application for a new site, modify or replace all or a portion of Site that is subject to an existing Supplement by making a permit request limited to such modification or replacement, provided: (i) such modification or replacement results in the installation of Equipment within the spaces designated or depicted in the applicable Supplement; (ii) the resulting installation does not increase the load on the applicable Street Light or Utility Pole or the utilization of the Equipment beyond the loading or utilization, if any, that was established in the applicable Supplement; (iii) the new or additional equipment would not be of the type and frequency which would cause harmful interference which is measurable in accordance with then-existing industry standards; (iv) the Equipment would not interfere with the existence and operation of equipment of the LICENSOR or other higher priority users or cause the Site to exceed FCC Radio Frequency (“RF”) emission limits; and (v) the new or additional equipment is substantially similar in design, height, width and color. Any request for such permit shall be accompanied by: (a) a certification by a structural engineer licensed in the state of Nebraska that the proposal meets the structural criteria in this Agreement; (b) certification by a professional RF engineer that the new or additional equipment will not cause interference with equipment of LICENSOR or other higher priority users; and (c) current fees for permit and plan review. Grand Island Council Session - 8/25/2020 Page 83 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 7 C Following approval of this Agreement, each individual Supplement may be executed by LICENSOR’S Utilities Director and Public Works Director or his/her/their designee(s) after approval of LICENSEE’S application by all applicable City Departments, including any department of LICENSOR that owns or controls property on which LICENSEE Poles would be placed. D LICENSEE shall have the non-exclusive right, at its sole cost and expense, to use each Site, as identified in each individual Supplement, for the purpose of constructing, maintaining, repairing, and operating a telecommunications facility and uses incidental thereto, in a manner consistent with the applicable Supplement (“Approved Use”). E Each application must be complete and include the applicable application fee. Twenty (20) days after submission of an application, LICENSOR shall notify LICENSEE whether the application is considered complete or incomplete. If an application is considered incomplete, then LICENSOR shall identify the missing information in writing to LICENSEE and LICENSEE may resubmit the revised application within thirty (30) days. After the application fee has been paid, the LICENSOR shall review the plans and application. After an application is considered complete, LICENSOR shall approve or deny within ninety (90) days. An application may be denied for reasons reasonably related to capacity, safety, reliability, or engineering concerns, or if the LICENSEE Pole or proposed attachment would violate LICENSOR’S Ordinances (including Engineering Design Standards) or other laws of general applicability related to building codes, electrical codes, or related standards, including, but not limited to, height, size, traffic concerns (collectively, the “Code Standards”), zoning, aesthetics (including color and the ability to blend in with historic features in historic districts), or the other requirements of this Agreement. LICENSOR shall document the basis for any denial, including the specific provisions of the Law(s) on which the denial was based (if applicable), and send the documentation (either electronically or by U.S. mail) to the LICENSEE on the day that it denies an application. F Along with each application, LICENSEE shall furnish LICENSOR detailed construction plans and drawings for each individual Site, together with necessary maps, indicating specifically the Street Light or Utility Pole of LICENSOR to be used jointly by LICENSEE and LICENSOR, the number, size, and character of the Equipment and Equipment to be placed by LICENSEE, replacement of an existing Street Light or Utility Pole, if a replacement is required or requested by LICENSOR or LICENSEE, any LICENSEE Pole(s) which LICENSEE seeks to install, and any new installations for transmission equipment, conduit, pull boxes, and appurtenances. For purposes of this Section, LICENSOR will deliver written notices (including application approval) electronically via the same system used by the LICENSEE to submit the application or construction plans, or separately by email to the contact person listed on LICENSEE’S submission. Grand Island Council Session - 8/25/2020 Page 84 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 8 G In a consolidated application for collocation, LICENSEE may submit a request for up to five (5) Sites. The information must be in detail by Site, so that the LICENSOR can readily determine whether additional information is required for an individual Site and review that individual Site expeditiously, rather than reviewing voluminous data to determine which Site the data pertains to. If approved, the Parties shall execute a Supplement for such individual Site or Sites. Upon execution of the Supplement, LICENSEE shall have the right to use the Site, and its contractors may obtain building permits and proceed with the installation work in accordance with the terms of the Supplement and this Agreement. H In connection with LICENSEE’S initial installation or subsequent modifications, LICENSEE shall replace Street Lights or Utility Poles, where required, purchase Equipment, have electric, fiber and communications service lines installed at its expense, and otherwise perform all other work at its own expense and in such manner as to not interfere with LICENSOR’S use of the Property or the Site. Such initial installations or subsequent modifications shall comply with Article VIII, below. I Except for emergencies, installations and equipment maintenance shall not be scheduled during City events. Installation and maintenance shall also be scheduled to accommodate ongoing or newly completed work in or near the applicable LICENSOR Property, such as protection of newly planted turf or other vegetation in City Parks, newly installed asphalt or sidewalks in Right-of-Way, and other municipal work. In order to avoid such situations, LICENSEE shall provide notice of the planned work at least forty-eight (48) hours in advance and coordinate with the LICENSOR to develop a mutually acceptable schedule for such work. J Along with each application, LICENSEE shall submit a non-refundable application fee in the amount of $500.00 (five hundred dollars) with an additional $100.00 (one hundred dollars) for each site beyond five (5) in a single application. The application fee shall be $250.00 (two hundred fifty dollars) for a Utility Pole associated with the collocation of a small wireless facility. K The application fees may be increased from time to time, based upon cost studies conducted by LICENSOR to determine a reasonable approximation of the objectively reasonable and non-discriminatory costs incurred by LICENSOR and specifically related to and caused by the application. Such studies, and any adjustments pursuant thereto, shall be subject to the limitations of applicable Laws, including, without limitation, the FCC’s Declaratory Ruling and Third Report and Order released September 27, 2018 (“FCC’s Order”) and other and additional applicable Rules and Regulations of the FCC. Copies of each such study shall be provided to LICENSEE for review so that LICENSEE may, without being obligated to do so, provide LICENSOR with comments regarding the costs detailed by the study and any proposed adjustment to LICENSOR’S fees. Any ordinance changing the then-current application and plan review fees for deployment of equipment on LICENSOR’S Street Lights and Utility Poles shall Grand Island Council Session - 8/25/2020 Page 85 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 9 be applied on a competitively neutral and non-discriminatory basis, in accordance with applicable Laws, and adopted by City Ordinance. LICENSOR shall provide written notice to LICENSEE of any City Ordinance adjusting such fees. L In the event the FCC’s Order, rules or regulations is/are reversed or vacated in whole or in part in a final decision issued by a court of competent jurisdiction, or otherwise amended or vacated by the FCC or federal law, the Parties shall negotiate, in good faith, and attempt to reach a mutually agreeable amendment to this Agreement. M After an application is approved and construction occurs, LICENSEE will be responsible for any inspection fees as required by LICENSOR so long as such inspection fees are the same as those imposed on other commercial businesses and utilities in the City and are competitively neutral and non-discriminatory basis, in accordance with applicable Laws, and adopted by City Ordinance. N LICENSEE shall not authorize third parties to use LICENSOR’S Street Lights or Utility Poles in any manner, and the LICENSOR reserves the sole right to authorize such use by any third parties; provided, however, such use shall not encroach on LICENSEE’S Equipment or other portions of the Site licensed to LICENSEE, or otherwise interfere with LICENSEE’S Approved Use in violation of this Agreement. Both Parties acknowledge that LICENSOR favors and encourages a policy of collocation to minimize the number of new poles in the City. O LICENSEE shall not allow third parties to place signs, flags, advertising, or other similar items on the Street Lights, Utility Poles or its Equipment. LICENSEE’S own signage shall be limited to signs, decals, tags, or labels as required by applicable Laws and be shown in the final Construction Drawings approved by LICENSOR. P Any replacement Street Lights, Utility Poles and LICENSEE Poles must conform to permitting or review requirements for design or placement which may be required by the LICENSOR with respect to any property in Historic Districts. ARTICLE VII. USE OF AND ACCESS TO SITES A Pursuant to all of the terms and conditions of this Agreement, and the applicable Supplement, LICENSOR agrees to license to LICENSEE each Site on a non- exclusive basis for the installation, operation, and maintenance of Equipment, together with the non-exclusive right of ingress and egress within the Properties seven (7) days a week, twenty-four (24) hours a day, to and from the Sites; provided; however, LICENSEE provides at least forty-eight (48) hours advance notice to LICENSOR to coordinate access. LICENSOR’S consent to ingress and egress on any property is conditioned upon LICENSOR’S ownership and control of such Property. Grand Island Council Session - 8/25/2020 Page 86 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 10 B LICENSOR reserves and LICENSEE agrees for LICENSOR, its authorized officers, employees, agents or contractors, to enter and access any Site at any time for the purpose of conducting LICENSOR inspections, maintenance and repairs (including permitting other parties to use the Site to provide services). Without limiting the foregoing, LICENSOR and LICENSEE agree that LICENSOR may, without disturbing LICENSEE’s Equipment: (1) inspect any property, Site and equipment for LICENSEE’S compliance with the terms of this Agreement and applicable Supplement; and (2) make repairs, alterations or additions to any Site or maintain or use any Site in any manner not prohibited by the terms of this Agreement or applicable Supplement, all without a claim by LICENSEE for any loss of occupation or use of, or any abatement of the annual fee for use of the applicable Site, except to the extent such claims or damages may be due to, or caused by, the negligence or willful misconduct of the LICENSOR or its employees, contractors or agents. LICENSOR will provide no less than fifteen (15) days’ notice to LICENSEE prior to commencing any work described in clause (2) above. Notwithstanding anything in this Agreement to the contrary, LICENSOR may access the Site at any time if it is necessary to protect the safety, health or welfare of the public. C The primary use and purpose of the ROW is to provide for maintaining streets, street improvements, drainage, and street lighting, and the primary use and purpose of the City Parks Property is to conduct and provide space for public parks, recreational, and community purposes, including, but not limited to, recreational activities and maintaining park aesthetics (each, a “Primary Use”). LICENSOR’S operations take priority over LICENSEE’S use as provided in an approved Supplement. In the event Rights-of-Way are expanded or changed or the configuration of a City Park or its facilities are changed, such that the placement of Street Lights or Utility Poles must be changed, then LICENSEE shall have the option to either (a) move or install the Street Light or Utility Pole with its equipment to a new, mutually agreed upon location on City Property (at the same rental rate), or (b) terminate the Supplement for said Site. LICENSOR shall inform LICENSEE at the earliest possible date of its Plan to eliminate or change the location of the Street Light or Utility Pole subject to this Agreement, but in any event (other than emergencies), no less than ninety (90) calendar days. D While performing any construction, installation, maintenance, or repair of its Equipment, LICENSEE shall employ protective measures and devices conforming with City Codes, and any permits required in connection therewith. E LICENSEE agrees that the following priorities of use, in descending order, shall apply in the event of communications interference, emergency public safety needs, Site repair or reconditioning, or other conflict while this Agreement is in effect, and LICENSEE’S Approved Use shall be subordinate accordingly: 1. LICENSOR, its employees, agents, and contractors; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not related to LICENSOR; Grand Island Council Session - 8/25/2020 Page 87 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 11 3. Other governmental agencies where use is not related to public safety; 4. Other licensees (if any) pre-existing on a Site prior to LICENSEE; 5. LICENSEE referenced in this Agreement. F In the event of any occurrence or event that poses an immediate threat of substantial harm or damage to the health, safety, or welfare of the public and/or the Property or Sites, as solely determined by LICENSOR (an “Emergency Event”), the LICENSOR may take actions the LICENSOR determines are required to address such Emergency Event; provided that promptly after such actions that affect the Sites, and in no event later than seventy-two (72) hours after such actions, LICENSOR gives written notice to LICENSEE of LICENSOR’S emergency actions. G If LICENSOR determines that the conditions of the Emergency Event would be benefited by cessation of LICENSEE’S operations, LICENSOR shall notify LICENSEE’S Network Operations Center (“NOC”) (at (800) 510___-6091), and LICENSEE shall immediately cease its operations on the affected Sites, until LICENSOR notifies LICENSEE that the Emergency Event has been resolved and that LICENSEE can resume its Approved Use. H If LICENSEE intends to install (or have a third party install) underground electric, telephone, cable or fiber optic lines, or utility equipment, it shall request approval from the LICENSOR, by submitting to LICENSOR’S City Engineer a detailed written plan for such installation, and the installation of any meter pedestals on, over, and/or under the Property and to the Sites as necessary for LICENSEE’S Approved Use. LICENSOR’S City Engineer shall, in its reasonable discretion, notify LICENSEE that it approves, denies, or modifies the plan within sixty (60) calendar days of receipt of the same, and in the case of any denial or modification, LICENSOR shall state the reasons therefor. Failure to respond within sixty (60) calendar days does not create a “deemed acceptance” of the plan. LICENSEE will be required to arrange and pay for such installation. I LICENSEE must, at the time of application, when any permit request is made, or when a pole is damaged, obtain and submit to LICENSOR a structural engineering study carried out by an independent structural engineer licensed in the State of Nebraska, showing that the Street Light(s) or Utility Pole(s) is (are) able to support the Equipment as well as the equipment used by the LICENSOR or cable or telephone companies. Said study must be signed by an independent structural engineer licensed in the State of Nebraska. If the study finds that any proposed or existing Street Light(s) or Utility Pole(s) is (are) inadequate to support the proposed loads, and the Street Light(s) is (are) not required to be replaced by LICENSOR, LICENSEE shall either replace the Street Light(s), at its cost, or may withdraw the application or terminate the Supplement, as applicable. J LICENSEE’S use of the Sites and Property, and its design and installation of its Equipment and LICENSOR’S Street Lights or Utility Poles, to the extent installed Grand Island Council Session - 8/25/2020 Page 88 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 12 by LICENSEE, must be in accordance with all applicable Laws including, but not limited to, the Americans with Disabilities Act. K Unless and to the extent provided otherwise in the applicable Supplement, LICENSEE shall install or procure electrical and fiber optic lines and equipment at its own expense, and the use of such services will be metered and paid by LICENSEE separately from any electric service or other services obtained and used by LICENSOR for LICENSOR’S Street Lights or Utility Poles. L LICENSEE shall be permitted at any time during the Term of each Supplement to install, maintain, and provide access to and use of, as necessary (during any power interruption at a Site), a temporary, portable power source to keep LICENSEE’S communications facility operational, along with all related equipment and appurtenances within or on the Site, in such locations as reasonably approved by LICENSOR, and such alternative location on LICENSOR’S property will be made available at no additional cost to LICENSEE so long as such temporary power source and related equipment and appurtenances do not interfere with street maintenance, resurfacing, repair or rehabilitation, or construction or repairs on the applicable Property, impair traffic, impede sight lines, cause a nuisance, or violate generally applicable Ordinances or City Code standards of the LICENSOR then in effect. The expense of any temporary power source and related equipment and appurtenances will be borne by the LICENSEE. If the Property, or alternate property owned and operated by the LICENSOR in the immediate area of the Site, will not accommodate such portable power source, related equipment, and appurtenances, it shall be LICENSEE’S responsibility to locate auxiliary sites and secure any permits or permissions for such other property, at its sole expense. LICENSOR will not be responsible for theft, vandalism, or damage to any such temporary equipment. ARTICLE VIII. POLE PLACEMENT, REPLACEMENTS, RESTRICTIONS AND REARRANGEMENTS A In the event LICENSOR determines that the space on any pole to which LICENSEE wishes to attach Equipment is required for its exclusive use or that the pole may not reasonably be rearranged or replaced, LICENSOR may refuse attachment of LICENSEE’S Equipment to that pole. B In the event LICENSOR determines that any pole to which LICENSEE wishes to attach or install Equipment is inadequate or otherwise needs rearrangement of the existing facilities thereon to support or accommodate the additional facilities of LICENSEE in accordance with the specifications set forth in APPENDIX 2, LICENSOR will indicate on the application (Exhibit A) the changes necessary to provide adequate pole space and the estimated cost thereof to LICENSEE and return the application to LICENSEE. If LICENSEE wishes that such changes be made and returns the application marked to so indicate, LICENSOR will make such changes, including the replacement of inadequate poles, and LICENSEE shall pay LICENSOR the make-ready costs in accordance with the terms of Grand Island Council Session - 8/25/2020 Page 89 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 13 APPENDIX 1. LICENSEE shall also reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate LICENSEE’S Equipment. C For each existing Street Light or Utility Pole replaced by LICENSEE or replaced by LICENSOR at LICENSEE’S request, the LICENSEE shall provide the LICENSOR’S replacement Street Light or Utility Pole at LICENSEE’S expense. LICENSEE shall be responsible for initial installation of LICENSEE’S Equipment and electric, fiber and communications services to the Equipment on the Street Light or Utility Pole. Provided LICENSOR confirms, upon inspection, that installation is complete and meets the requirements set forth in this Agreement and the applicable Supplement, LICENSOR will maintain ownership and responsibility for maintenance of the replacement Street Lights and Utility Poles (but not LICENSEE’S Equipment or electric, fiber and communications services for LICENSEE’S Equipment). D Should LICENSOR need for its own service requirements the space occupied by LICENSEE’S Equipment on any of LICENSOR’S poles, LICENSEE will be notified that it shall either surrender its license for that pole and, at its own expense, vacate the space by removing its Equipment, or it shall authorize LICENSOR to replace the pole at the expense of LICENSEE, in the same manner as stated in the preceding Paragraph (B) covering the replacement or rearrangement of poles when required to accommodate LICENSEE’S Equipment; or, if LICENSOR advises LICENSEE that LICENSEE’S desired Equipment can be accommodated on present poles of LICENSOR by rearranging LICENSOR’S facilities thereon, LICENSEE shall authorize LICENSOR to make such arrangements at the expense of LICENSEE. LICENSEE shall also reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate LICENSEE’S Equipment. Any strengthening of poles will be provided at the expense of LICENSEE in accordance with the specifications in APPENDIX 2. E When LICENSOR receives multiple applications for attachment to any pole that must be replaced or rearranged to provide sufficient space, LICENSOR will, to the extent that it is practical to do so, prorate the common expenses of engineering, rearrangement and replacement, if any, among all the applicants. LICENSEE shall be bound by LICENSOR’S determination as to any such proration of costs to LICENSEE. F Whenever it is necessary for LICENSOR to make pole replacements or rearrangements in order to accommodate LICENSEE’S Equipment, LICENSOR will endeavor to have such work performed as soon as is practicable upon consideration of LICENSOR’S service requirements, but only after issuance of the license to, and acceptance of responsibility for make-ready costs by, LICENSEE. Grand Island Council Session - 8/25/2020 Page 90 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 14 G LICENSEE shall provide all anchors and guying necessary for its Equipment. If the presence of LICENSEE’S Equipment on LICENSOR’S poles make it necessary for LICENSOR to modify its existing guying or add new guying to its poles, then LICENSOR’S cost of such modifications or additions shall be reimbursed by LICENSEE. H When LICENSOR’S facilities occupy space on a pole owned by a third party, LICENSEE shall reimburse LICENSOR for any expense incurred in transferring or rearranging its facilities thereon, if such transfer or rearrangement is the result of LICENSEE’S use or proposed use of said pole. I Street Light and Utility Poles, replacement poles, and LICENSEE’S poles shall be of a type, construction, and style generally available in the commercial market as approved by City. J All Street Lights or Utility Poles used by LICENSEE under this Agreement, designated as a LICENSOR-owned Street Lights or Utility Poles in the applicable Supplement, including replacement Street Lights or Utility Poles installed by LICENSEE, shall remain the property of LICENSOR; provided, however, installation has been completed, and the Site has been inspected, and found by the LICENSOR to meet the requirements of this Agreement and the applicable Supplement. Any payments made by the LICENSEE for installation or replacement of, or changes to, existing Street Lights or Utility Poles and facilities, conduits, conductor pull boxes, facilities, or appurtenances which are the property of LICENSOR shall not entitle LICENSEE to ownership of any of said infrastructure. K All Equipment and conduits, conductor pull boxes, cabinets, meters, pedestals, facilities, or appurtenances shall be designed and installed within, adjacent to, or upon the Street Light or Utility Pole, only in accordance with the Construction Drawings as approved by LICENSOR, and designed and installed in compliance with LICENSOR’S Ordinances or other Code Standards. If any Equipment or facilities are placed adjacent to the Street Lights or Utility Poles, such Equipment and facilities must comply with the design and other requirements as provided by the City, to the reasonable satisfaction of LICENSOR. To the extent technically feasible, design and installation of Street Lights and Utility Poles must provide for secure access to both LICENSEE and LICENSOR equipment. ARTICLE IX. CONSTRUCTION AND MAINTENANCE OF FACILITIES A LICENSEE shall, at its own expense, make and maintain its Equipment in a safe condition and in thorough repair, and in a manner reasonably acceptable to LICENSOR, and so as not to conflict with the use of LICENSOR’S poles by LICENSOR or by other authorized users thereof, or interfere with other facilities thereon or which may from time to time be placed thereon. If reasonably necessary to satisfy any of the above conditions, LICENSEE shall, upon thirty (30) days’ notice from LICENSOR and at its own expense, relocate or replace its facilities on LICENSOR’S poles, or transfer them to substituted poles, or perform Grand Island Council Session - 8/25/2020 Page 91 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 15 any other work in connection with its facilities that may reasonably be required by LICENSOR; provided, however, that in cases of emergency, LICENSOR may arrange to relocate or replace the Equipment placed on its poles by LICENSEE, transfer them to substituted poles or perform any other work in connection with LICENSEE’S Equipment that may be required in the maintenance, replacement, removal or relocation of LICENSOR’S poles or of the facilities thereon, or which may be placed thereon, or for the service needs of LICENSOR, and LICENSEE shall reimburse LICENSOR for the expense thereby incurred; provided further, however, that LICENSEE shall have no obligation to relocate, replace, or transfer its facilities solely to accommodate the service needs of any person other than LICENSOR, unless such person shall make arrangements, satisfactory to LICENSEE, to reimburse LICENSEE for such work. B All tree trimming required on account of LICENSEE’S Equipment shall be done by LICENSEE at its sole risk and expense and in a manner satisfactory to LICENSOR. The parties may agree that LICENSOR shall conduct tree trimming and be reimbursed by LICENSEE. ARTICLE X. TERMINATION OF LICENSES A Upon notice from LICENSOR to LICENSEE that the use of any pole is not authorized by Federal, State, County or Municipal authorities or private property owners, the license covering the use of such pole shall immediately terminate and shall be surrendered and LICENSEE shall remove its fiber, Equipment at once from the affected pole or poles at LICENSEE’S expense. B LICENSEE may at any time remove its facilities from any pole of LICENSOR but shall immediately give LICENSOR written notice of such removal and surrender of License in the form of Exhibit B attached hereto and made a part hereof. If LICENSEE surrenders its license for a pole but fails to remove its facilities from that pole, LICENSOR shall have the right, upon reasonable notice, to remove LICENSEE’S Equipment at LICENSEE’S expense and without any liability on the part of LICENSOR for damage or injury to LICENSEE’S Equipment. In the event that LICENSEE’S fiber, Equipment shall be removed from any pole as provided by this Article, no attachment shall again be made to such pole unless LICENSEE shall have first complied with all of the provisions of this Agreement as though no such attachment had previously been made. Upon removal of LICENSEE’S Equipment from the pole for a particular license, there shall be no further obligations, including recurring rental payments, for LICENSEE regarding such license. C LICENSOR shall have the right, upon written notice, to terminate the license for a particular pole: 1. If, in LICENSOR’S sole judgment, its service needs require full utilization of that pole; or Grand Island Council Session - 8/25/2020 Page 92 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 16 2. If changes in the physical facilities, space or location requirements or service requirements of LICENSOR render such poles inadequate to support the facilities of LICENSEE; provided, however, that in such event LICENSEE may request the substitution of suitable poles upon the same terms and conditions as would be applicable under ARTICLE VII. ARTICLE XI. INSPECTIONS OF LICENSEE’S INSTALLATIONS A LICENSOR reserves the right to make periodic inspections of any part of the fiber, cable, equipment and facilities of LICENSEE on its poles, and LICENSEE shall reimburse LICENSOR for the expense of such inspections. Inspections will be made no more than once a year and only upon notice to LICENSEE unless, in LICENSOR’S judgment, such inspections are required for reasons involving safety or are required because of LICENSEE’S violation of the terms of this Agreement. The charge for the inspection shall be in accordance with the terms and conditions of APPENDIX 1. The making of such inspections or the failure to do so shall not operate to relieve LICENSEE of any responsibility, obligation or liability assumed under this Agreement. B If any fiber, cable, equipment and facilities of LICENSEE shall be found on a pole for which no license is outstanding, LICENSOR, without prejudice to its other rights or remedies under this Agreement or otherwise, may (1) impose a charge, and (2) require LICENSEE to remove such fiber, cable, equipment and facilities forthwith or LICENSOR may remove them without liability and the expense of removal shall be borne by LICENSEE; provided, however, that if LICENSEE shall forthwith make application for a license in the form of Exhibit A hereto, LICENSOR will not require such removal unless necessary for LICENSOR’S service requirements and, except in the case of an emergency, will not remove LICENSEE’S Equipment without first giving thirty (30) days notice to LICENSEE. For the purpose of determining the charge, absent satisfactory evidence to the contrary, the unlicensed use shall be treated as having existed for a period of two (2) years prior to its discovery or for the period beginning with the date of this Agreement, whichever period shall be the shorter; and the fee, at the appropriate rate as shown in APPENDIX 1, for each year and for any portion of a year contained in such period, shall be due and payable forthwith. Any such fee imposed by LICENSOR shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by LICENSOR with regard to said fee or said license shall not operate retroactively or constitute a waiver by LICENSOR of any of its rights or privileges under this Agreement or otherwise. ARTICLE XII. INDEMNIFICATION LICENSEE shall defend, indemnify and hold LICENSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the LICENSEE, its employees, contractors or agents, except to the extent such claims or damages may be due to, Grand Island Council Session - 8/25/2020 Page 93 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 17 or caused by, the negligence or willful misconduct of the LICENSOR, or its employees, contractors or agents. LICENSOR shall defend, indemnify and hold LICENSEE harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the LICENSOR, its employees, contractors or agents, except to the extent such claims or damages may be due to, or caused by, the negligence or willful misconduct of the LICENSEE, or its employees, contractors or agents. A LICENSOR shall exercise precaution to avoid damaging the communication fiber of the LICENSEE and shall make an immediate report to the LICENSEE of the occurrence of any such damage caused by its employees, agents or contractors. LICENSOR agrees to reimburse the LICENSEE for all reasonable costs incurred by the LICENSEE for the physical repair of such facilities damaged by the negligence of LICENSOR; provided, however, LICENSOR shall not be liable to LICENSEE for any interruption of LICENSEE’S service or for interference with the operation of LICENSEE’S communication/education fiber, or for any special, indirect, or consequential damages. LICENSEE shall exercise precaution to avoid damaging the facilities of LICENSOR and of others attached to poles or anchors and shall make an immediate report to the owner of facilities so damaged; and LICENSEE assumes all responsibility for any and all direct loss and from such damage caused by LICENSEE’S employees, agents or contractors. B LICENSEE shall indemnify, protect and save harmless the LICENSOR from any and all damages and costs, including reasonable attorney fees, incurred by the LICENSOR as a result of acts by the LICENSEE, its employees, agents or contractors, including but not limited to the cost of relocating poles, anchors or guys resulting from a loss of right-of-way or property owner consents and/or the cost of defending those rights and/or consents. C The LICENSEE shall indemnify, protect and save harmless the LICENSOR from any and all claims, demands, causes of actions and costs, including attorney fees, for damages to property and injury or death to persons, including but not limited to payments under any Workmen’s Compensation Law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, or use or removal of LICENSEE’S Equipment or by their proximity to the facilities of other parties attached to a pole or anchor, or by any act or omission of the LICENSEE’S employees, agents or contractors on or in the vicinity of the LICENSOR’S poles, anchors or guys. D The LICENSEE shall indemnify, protect and save harmless the LICENSOR from any and all claims, demands, causes of action and costs, including attorney fees, which arise directly or indirectly from the construction and operation of LICENSEE’S Equipment, including but not limited to taxes, special charges by others and from and against all claims, demands and costs, including attorney Grand Island Council Session - 8/25/2020 Page 94 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 18 fees, for infringement of patents with respect to the manufacture, use and operation of LICENSEE’S Equipment in combination with poles, anchors, guys or otherwise. E LICENSEE shall promptly advise the LICENSOR of all claims relating to damage of property of injury to or death of persons, arising or alleged to have arisen in any manner, directly or indirectly, from the erection, maintenance, repair, replacement, presence, use or removal of the LICENSEE’S Equipment. ARTICLE XIII. INSURANCE A LICENSEE shall obtain and maintain insurance, including endorsements insuring the indemnification provisions of this Agreement, issued by an insurance carrier with an A- VII or better AM Best rating to protect the LICENSOR and joint user from and against all claims, demands, causes of actions, judgments, costs, including attorney fees, expenses and liabilities of every kind and nature which may arise or result, directly or indirectly from or by reason of such loss, injury or damage as covered in this Agreement including ARTICLE XI preceding. The amount of such insurance: Insurance Coverage Limits 1. Worker’s Compensation Statutory Employer’s Liability: a. Bodily Injury by Accident $ 500,000 each accident b. Bodily Injury by Disease $1,000,000 policy limit c. Bodily Injury by Disease $ 500,000 each employee Comprehensive Automobile a. Bodily Injury and Property $1,000,000 Damage Combined Single Limit Comprehensive General Liability a. Bodily Injury and Property $1,000,000 each person Damage Combined $2,000,000 aggregate Grand Island Council Session - 8/25/2020 Page 95 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 19 B LICENSEE shall submit annually to LICENSOR a certificate of insurance. Licensee will not cancel any such policy of insurance issued to LICENSEE except after 30 written notice to LICENSOR. C All insurance required in accordance with (B) and (C) preceding must be effective before LICENSOR will authorize attachment to a pole and/or anchor, utilization of an anchor/guy strand or occupancy of a conduit system and shall remain in force until such LICENSEE’S Equipment have been removed from all such poles, anchors, or conduit systems. In the event that the LICENSEE shall fail to maintain the required insurance coverage, LICENSOR may consider it a default to the Agreement subject to the language in Article XXV. ARTICLE XIV. LICENSE NOT EXCLUSIVE Nothing herein contained shall be construed as a grant of any exclusive license, right or privilege to LICENSEE. LICENSOR shall have the right to grant, renew and extend rights and privileges to others not parties to this Agreement, by contract or otherwise, to use any poles covered by this Agreement. ARTICLE XV. TERMINATION. Notwithstanding anything to the contrary contained herein, provided LICENSEE is not in default hereunder beyond applicable notice and cure periods, LICENSEE shall have the right to terminate each Supplement after the Commencement Date for any reason or no reason, provided that three (3) months’ prior written notice is given to LICENSOR. However, no refund will be issued by the LICENSOR for the year in question. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties, and indemnities made by each Party to the other thereunder, and LICENSEE’S obligation to remove its Equipment, conduits, and all personal property from LICENSOR’S Site and Property and restore the Site and Property as provided in this Agreement. ARTICLE XVI. INTERFERENCE A LICENSEE, in the performance and exercise of its rights and obligations under this Agreement and any Supplement, agrees to install Equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards, or physically interfere in any manner with the equipment of any higher priority users including, but not limited to, the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities, cable television, location monitoring services, public safety and other then-existing telecommunications equipment, utility or any municipal property. In the event any LICENSEE Equipment causes interference, and after LICENSOR has notified LICENSEE of such interference by a written communication and a call to LICENSEE’S NOC (at (800) 510-6091), LICENSEE will take all Grand Island Council Session - 8/25/2020 Page 96 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 20 commercially reasonable steps necessary to correct and eliminate the interference including, but not limited to, at LICENSEE’S option, powering down the interfering equipment and later powering up the interfering equipment for intermittent testing. The LICENSEE agrees to cooperate with subsequent users of the Property to resolve issues affecting interference with signals. B The LICENSOR agrees that after the LICENSEE has attached Equipment to a specific Site, other tenants, LICENSEEs, or Street Light or Utility Pole users who currently have or in the future take possession of space at the Site, with the exception of any higher priority users, will not be permitted to install new or additional equipment that is of the type and frequency which would cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing Equipment of LICENSEE or otherwise interfere with the existence and operation of equipment of higher priority users. More specifically, the LICENSOR will attempt to require each subsequent user to provide the LICENSOR with either of the following: (a) a radio frequency interference study carried out by an independent professional radio frequency engineer (“Independent RF Engineer”) approved by the LICENSOR showing that such subsequent user’s proposed use will not interfere with any existing, licensed communications facilities, LICENSOR’S licensed and unlicensed communications facilities, or other higher priority users, if any; or (b) a certificate of compliance from a professional radio frequency engineer employed by or chosen by the subsequent user verifying that the installation by the subsequent user, along with LICENSEE’S Equipment, will result in signals that are in compliance with then-existing RF emission requirements of the FCC and that such user’s equipment will not cause interference with LICENSOR’S, LICENSEE’S or any other third party’s existing use of the Street Light or Utility Pole on the Site or Property. C LICENSOR does not warrant that LICENSEE will be free from interference caused by third parties. LICENSOR’S obligation with respect to interference by third parties is limited to requiring compliance with the above criteria. However, in the event the LICENSEE claims interference by a subsequent user or a user with higher priority claims interference is caused by the LICENSEE, the LICENSOR may attempt to facilitate discussions between the parties. Otherwise, the LICENSEE must engage in dispute resolution with such other user (including court action if necessary) and hire its own experts as needed to resolve the issue. D Where agreed by LICENSEE and any other user(s), determinations as to the occurrence of harmful interference may be made by an Independent RF Engineer, which agreement would also address the party responsible for the costs of the Independent RF Engineer’s analysis. If additional dispute resolution is necessary, LICENSOR shall encourage the affected parties to resolve the dispute as quickly and efficiently as possible, at no cost to the LICENSOR. ARTICLE XVII. REMOVAL AT END OF TERM Grand Island Council Session - 8/25/2020 Page 97 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 21 LICENSEE shall, upon expiration of the Term of a Supplement, or within ninety (90) calendar days after any earlier termination, remove its Equipment, conduits, fixtures, and all personal property and restore the Site to its original condition, reasonable wear and tear and damage by fire or other casualty or third parties excepted. LICENSOR agrees and acknowledges that all of the Equipment, conduits, fixtures, and personal property of LICENSEE shall remain the personal property of LICENSEE, and LICENSEE shall have the right to remove the same at any time during the Term. All Street Lights and Utility Poles, conduit, and pole boxes of LICENSOR are and shall remain the property of LICENSOR. If at such time for removal LICENSEE fails to remove its Equipment, LICENSEE shall pay rent at 150% of the then-existing yearly rate, or the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures, and all personal property are completed. However, if LICENSEE’S Equipment, conduits, fixtures, and all personal property are not removed within six (6) months of expiration of the Term of a Supplement, or any earlier termination, and are not thereafter removed within sixty (60) calendar days of LICENSOR’S written notice to LICENSEE that such items have not yet been removed, such items shall automatically become the property of LICENSOR, and LICENSOR shall dispose of such items as it desires without any compensation to LICENSEE. ARTICLE XVIII. NO REPRESENTATION OR WARRANTY A LICENSOR makes no representation or warranty regarding the condition of its title to the Property or its right to grant to LICENSEE use or occupation thereof under this Agreement. The license granted herein is “AS IS, WHERE IS.” LICENSEE is entering into this Agreement, and LICENSEE’S use of the Property is subject to LICENSEE’S own investigation and acceptance. LICENSEE’S rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to LICENSOR’S interest in the Property that may affect or limit LICENSOR’S right to grant those rights to LICENSEE. This Agreement is not an Easement and does not create or grant any rights to LICENSEE except as stated herein. B . LICENSOR makes no representations or warranties regarding the suitability, condition or fitness of any Street Light, Utility Pole or Site for the installation, maintenance or use of LICENSEE’S equipment. LICENSEE and LICENSOR acknowledge and agree that existing future improvements, adjacent to or within the proximity of the Site, may interfere, block or degrade any radio or other wireless communication facility’s signal transmitted from or received at such Site by LICENSEE, and LICENSEE expressly waives and releases LICENSOR from any liability or loss that LICENSEE may incur as a result thereof, except to the extent that any such interference , blocking or degradation results from the acts or omissions of LICENSOR. The fee shall not be abated as a result of any interference, blocking or degradation. LICENSEE hereby waives any right of recovery from and affirmatively releases LICENSOR, its agents, officers, employees or contractors from any and all claims, liabilities, losses, damages or loss of property or revenue from any cause whatsoever Grand Island Council Session - 8/25/2020 Page 98 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 22 regarding any Site, specifically including, without limitation, damage, if any, resulting from LICENSOR’S maintenance operations adjacent to any Site or from vandalism or unauthorized use of any Site, except as such damage is solely caused by the negligence or willful misconduct of LICENSOR, its agents, officers, employees or contractors during the course of performing their official duties. C LICENSEE shall take reasonable precautions against damage to or unauthorized use of any Site. ARTICLE XIX. ASSIGNMENT This Agreement and each Supplement, including any rights, privileges and obligations thereunder, under it may be sold, assigned, or transferred by the LICENSEE without any approval or consent of the LICENSOR to the LICENSEE’S principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of LICENSEE’S assets in the market defined by the FCC in which the Sites are located by reason of a merger, acquisition or other business reorganization. LICENSEE shall provide written notice of any such sales, assignments, or transfers within sixty (60) calendar days thereof. As to other circumstances, this Agreement and each Supplement may not be sold, assigned, or transferred without the prior written consent of LICENSOR, not to be unreasonably withheld, conditioned, or delayed. ARTICLE XX. TERMINATION OF AGREEMENT If a Party shall fail to comply with any of the terms or conditions of this Agreement or default in any of its obligations under this Agreement, the non- breaching Party shall provide the noncomplying Party written notice of such non- compliance or default. After receipt of such written notice, the non-complying Party shall have thirty (30) days in which to cure any non-compliance or default; provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the defaulting Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. Delay in curing an alleged failure to perform will be excused if due to causes beyond the control of the Party against whom the failure to perform has been alleged. If non-complying Party shall fail to cure or correct, the non-defaulting or non-complying Party may, at its option, forthwith terminate this Agreement and all licenses granted hereunder, or the licenses covering the poles as to which such default or noncompliance shall have occurred LICENSOR shall have the right to terminate this entire Agreement or individual licenses granted hereunder: 1. If the LICENSEE’S Equipment are maintained or used in violation of any law or in aid of any unlawful act or understanding; or 2. If any permit or other authorization which may be required by any governmental authority for the operation or maintenance of LICENSEE’S Grand Island Council Session - 8/25/2020 Page 99 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 23 fiber, cables, wire, equipment and facilities on LICENSOR’S poles is revoked, denied, or not granted before the date when possession of such permit or authorization becomes a condition of continued operations; or 3. If LICENSEE defaults under ARTICLE IV. B LICENSEE may terminate this Agreement at any time by removing its facilities from all of LICENSOR’S poles, as provided in ARTICLE IX (B). ARTICLE XXI. TERM OF AGREEMENT This Agreement shall, unless terminated in accordance with its provisions, continue in effect for an initial term of five (5) years. The Agreement shall automatically extend for up to two (2) additional terms of five (5) years each (each, a “Renewal Term”), upon a continuation of all the same provisions hereof, unless either Party gives the other Party written notice of terminating Party’s intention to terminate the Agreementat least sixty (60) days before the expiration of the Initial Term or any Renewal Term. Each Supplement shall commence upon the last signature on the Supplement (“Commencement Date”) and shall run concurrently with this Agreement unless earlier terminated pursuant to terms of this Agreement. ARTICLE XXII. NOTICES Notices under this Agreement may be given by posting the same in first class mail to the LICENSEE as follows: Attn: Legal and Regulatory Affairs 8410 West Bryn Mawr Chicago, IL 60631 E-mail: legaldept@uscellular.com and to the LICENSOR as follows: Utilities Director City of Grand Island 1306 W 3rd StGrand Island, NE 68801 With a copy to: Legal Department P.O. Box 1968 Grand Island, NE 68802-1968 ARTICLE XXIII. PUBLIC RECORDS Grand Island Council Session - 8/25/2020 Page 100 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 24 This Agreement and all Supplements thereto are subject to disclosure as public records under Nebraska law. To the extent permissible under Nebraska law, LICENSEE may identify information, such as trade secrets, proprietary financial records, customer information, or technical information, submitted to the LICENSOR as confidential. LICENSEE shall prominently mark any information for which it claims confidentiality with the word “Confidential” on each page of such information prior to submitting such information to the LICENSOR. The LICENSOR shall treat any information so marked as confidential until the LICENSOR receives any request for disclosure of such information. Within three (3) days of receiving any such request, the LICENSOR shall provide LICENSEE with written notice of the request. LICENSEE shall have three (3) days within which to provide a written response to the LICENSOR, before the LICENSOR will disclose any of the requested confidential information. In the event the LICENSOR provides its notice to the LICENSEE more than three (3) days after receipt of a public information request, LICENSOR will extend the period for responding to the public information request, such that the LICENSEE will have three (3) days to respond. The LICENSOR retains the final discretion to determine whether to release the requested confidential information, in accordance with applicable laws. ARTICLE XXIV. DEFAULT In the event there is a breach by a Party with respect to any of the provisions of this Agreement or a Supplement, or its obligations hereunder or thereunder, the non- breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach; provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. Delay in curing an alleged failure to perform will be excused if due to causes beyond the control of the Party against whom the failure to perform has been alleged. A Party’s failure to cure a breach within the time period set forth herein shall constitute a “Default.” ARTICLE XXV. REMEDIES A In the event of a Default by either Party, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such Default, the non-defaulting Party may terminate this Agreement and/or the applicable Supplement and may pursue any remedy now or hereafter available to the non-defaulting Party under applicable laws or under the judicial decisions of the State of Nebraska. Further, upon a Default, the non- defaulting Party may, at its option (but without an obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf including, but not limited to, the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non- defaulting Party shall be due and payable by the defaulting Party within forty-five (45) days of invoice therefor. Grand Island Council Session - 8/25/2020 Page 101 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 25 B The Parties acknowledge that there may not be an adequate remedy at law for noncompliance with various provisions of this Agreement, and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. ARTICLE XXVI. ENVIRONMENTAL LICENSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment. In the event that LICENSEE encounters any hazardous substances that do not result from its activities, it shall immediately provide written notice to LICENSOR of such condition. LICENSOR hereby represents and warrants to LICENSEE that, to the best of LICENSOR’s knowledge, LICENSOR has never generated, stored, handled, or disposed of any hazardous waste or hazardous substance upon the Premises, and that LICENSOR has no knowledge of such uses historically having been made of the Premises or such substances historically having been introduced thereon. ARTICLE XXVII. CASUALTY In the event of damage by fire or other casualty to any Site that cannot reasonably be expected to be repaired within forty-five (45) days following the same or which LICENSOR elects not to repair, or if the Site is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE’S operations at the Site for more than forty-five (45) days, then LICENSEE may, at any time following such fire or other casualty, provided LICENSOR has not completed the restoration required to permit LICENSEE to resume its operation at the Site, terminate the Supplement upon fifteen (15) days’ prior written notice to LICENSOR. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement. The rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LICENSEE’S Approved Use of the Site is impaired. ARTICLE XXVIII. FORCE MAJEURE Notwithstanding any other provision of this Agreement, neither LICENSOR nor LICENSEE shall be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Agreement or any Supplement, due to an event or events reasonably beyond the ability of LICENSEE or LICENSOR to anticipate and control. “Force majeure” includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, earthquakes, fire, floods, explosions, epidemics and tornadoes. ARTICLE XXIX. NO INTEREST IN PROPERTY Nothing herein shall be deemed to create a lease, or grant an easement of any property, or grant any interest in any Site, other than a real property license to use the applicable Site, revocable as set forth herein. Grand Island Council Session - 8/25/2020 Page 102 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 26 ARTICLE XXX. NOT AGENT OF LICENSOR Nothing in this Agreement or any acts of LICENSEE shall authorize LICENSEE or any of its employees, agents or contractors to act as an agent, contractor, joint venturer or employee of LICENSOR for any purpose. ARTICLE XXXI. RESERVATION OF RIGHTS LICENSEE understands, acknowledges and agrees that any and all authorizations granted to LICENSEE under this Agreement and individual Supplement are non- exclusive and shall remain subject to all prior and continuing regulatory and proprietary rights and powers of LICENSOR to regulate, govern and use LICENSOR property, as well as any existing encumbrances, deeds, covenants, restrictions, easements, dedications and other claims of title that may affect LICENSOR’S property. LICENSOR and LICENSEE agree that nothing contained in, or contemplated by, this Agreement or individual Supplement is intended to confer, convey, create or grant to LICENSEE any perpetual interest in any LICENSOR Site or in any of LICENSOR’S Rights-of-Way. ARTICLE XXXII. MISCELLANEOUS A This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements, promises, and understandings between the LICENSOR and the LICENSEE regarding this transaction, and no oral agreement, promises, or understandings shall be binding upon either the LICENSOR or the LICENSEE in any dispute, controversy, or proceeding. This Agreement and Supplements may not be amended or varied except in a writing signed by both Parties. This Agreement and Supplements shall extend to and bind the permitted successors and assigns of the parties hereto. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement, or to exercise any of its rights hereunder, shall not waive such rights, and such Party shall have the right to enforce such rights at any time. B The performance of this Agreement and each Supplement shall be governed, interpreted, construed, and regulated by the laws of Nebraska without reference to its choice of law rules. Venue and jurisdiction for disputes arising under this Agreement shall be in the District Court of Hall County, Nebraska or the United States District Court for the District of Nebraska, as applicable C LICENSEE shall construct, install, operate and maintain its Equipment at each Site in accordance with all applicable federal, state and local governmental laws, rules and regulations now in existence or as hereafter enacted or amended. ARTICLE XXXIII. CONDEMNATION Grand Island Council Session - 8/25/2020 Page 103 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 27 If the whole or any part of any Property or Site shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of the applicable Supplement shall cease as of the date of the granting of the petition or the date of the closing. All rentals payable or paid to said termination date shall be paid to, or retained by, LICENSOR. Any award, compensation, or damages shall be paid to and be the sole property of LICENSOR, but nothing herein shall preclude LICENSEE from claiming against the condemning authority with respect to moving expenses and loss of personal property and, if applicable, receiving an award therefor from the condemning authority. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the day and year first written above. WITNESS (ATTEST) BY Title WITNESS (ATTEST) CITY OF GRAND ISLAND, NEBRASKA, BY Roger G. Steele, Mayor Grand Island Council Session - 8/25/2020 Page 104 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 28 Exhibit A APPLICATION AND SITE LICENSE *Pole Attachment Application No. Date (LICENSEE) (Street Address) (City and State) CITY OF GRAND ISLAND UTILITIES DEPARTMENT: In accordance with the terms and conditions of the Master Pole Attachment License Agreement between the City of Grand Island and _______________________, dated , application is hereby made for a nonexclusive license to attach telecommunications Equipment to Street Light and Utility Poles at the following sites (pole locations). Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: USE ADDENDUM SHEET FOR ADDITIONAL LOCATIONS (LICENSEE) By: Title: Phone Number: Grand Island Council Session - 8/25/2020 Page 105 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 29 * Individual applications to be numbered in sequential ascending order by License. Supplemental License Number is hereby granted to attach the Equipment described in this application to poles at the Sites set forth. 1. Non-Exclusive Master License Agreement. This Supplement is a Supplement as referenced in that certain Non-Exclusive Master License Agreement between LICENSOR and LICENSEE. All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification, or inconsistency between the terms of the Agreement and this Supplement, the terms of the Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Site. LICENSOR hereby licenses to LICENSEE certain spaces on and within LICENSOR’s Property and/or Street Light and Utility Poles in accordance with the Application and Construction Plans approved by LICENSOR Notwithstanding the foregoing, LICENSOR makes no representations or warranties to LICENSEE with regard to the condition or structural capacity of LICENSOR’s Street Light or Utility Pole. LICENSEE acknowledges and agrees that LICENSOR delivers the Site and Street Light or Utility Pole for LICENSEE’s use in its current “AS IS, WHERE IS” condition. 3. Term. The Commencement Date and Term of this Supplement shall be as set forth in the Agreement. 4. Annual Fee. Annual fee for this Supplement shall be as provided in the Agreement, payable in annual installments. ALL FEE PAYMENTS MUST PROMINENTLY IDENTIFY THE AGREEMENT. 5. Site Specific Terms. (Include any Site-specific terms) USCOC Nebraska/Kansas, LLC CITY OF GRAND ISLAND (LICENSEE) (LICENSOR) By: _____________________ By: Title: _____________________ Title: Utilities Director Date: ______________________ Date: ________________ Grand Island Council Session - 8/25/2020 Page 106 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 30 ADDENDUM TO SUPPLEMENTAL APPLICATION Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Grand Island Council Session - 8/25/2020 Page 107 / 239 Exhibit B NOTIFICATION OF POLE ATTACHMENT ABANDONMENT * Abandonment Notice No. Date (LICENSEE) (Street Address) (City and State) CITY OF GRAND ISLAND UTILITIES DEPARTMENT: In accordance with the terms and conditions of the License Agreement between us, dated , notification is hereby made of abandonment of pole attachments of communications equipment as listed below: Pole Location: Pole Location: Pole Location: (Use additional sheet (s) for additional locations) (LICENSEE) By: Title: Phone Number: CITY OF GRAND ISLAND UTILITIES DEPARTMENT (LICENSOR) By: Title: Phone Number: *Individual abandonment notifications to be numbered in sequential ascending order by LICENSEE. Grand Island Council Session - 8/25/2020 Page 108 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 32 Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Grand Island Council Session - 8/25/2020 Page 109 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 33 APPENDIX 1 SCHEDULE OF FEES AND CHARGES THIS APPENDIX 1 is, from the effective date hereof, an integral part of the License Agreement between the City of Grand Island, herein called LICENSOR, and , therein called LICENSEE, dated , 20___ (hereinafter called the Agreement), and contains the fees and charges governing the use of LICENSOR’S poles to accommodate the fiber, cable, wire equipment and facilities of LICENSEE in the territory in which both parties hereto now or hereafter operate. The effective date of this APPENDIX 1 is . POLE ATTACHMENTS 1. ATTACHMENT FEE: As determined by the most current Fee Schedule for the City of Grand Island. a. Computation: For the purpose of computing the total attachment fees due hereunder, the total fee shall be based upon the number of poles to which attachments are actually made, on the first day of June and the first day of December of each year. The first advance payment of the annual charge for Licenses granted under this Agreement shall be prorated from the date that the attachment is made to the pole to the first regular payment date. b. Payment Amount: The annual rate to collocate on a City-owned pole is $20.00 (twenty dollars) per pole per year. c. Payment Date: Grand Island Council Session - 8/25/2020 Page 110 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 34 Attachment fees shall be due and payable semiannually, in advance, on the first day of January for the first half of the calendar year next preceding, and on the first day of July for the last half of the calendar year. Failure to pay such fees within 20 days after presentment of the bill therefore or on the specified payment date, whichever is later, shall constitute a default of this Agreement. d. Termination of License: Upon termination or surrender of a license granted hereunder, the applicable attachment fee shall be prorated for the period during which the attachment was made to LICENSOR’S pole during the final semiannual period and shall be credited to LICENSEE; provided, however, that there shall be no proration of an attachment fee if the license is terminated as a result of any act or omission of LICENSEE in violation of this Agreement. 2. OTHER CHARGES a. Computation: (1) All charges incurred by LICENSOR as a result of inspections, engineering, rearrangements, removals of LICENSEE’S facilities from LICENSOR’S poles and any other work performed for LICENSEE shall be based upon the full cost and expense to LICENSOR for performing such work plus the appropriate current overhead rate on the costs incurred in performing such work for LICENSEE. The cost to LICENSOR shall be determined in accordance with the regular and customary methods used by LICENSOR in determining such costs. (2) The charge for replacement of poles shall include the entire non- Grand Island Council Session - 8/25/2020 Page 111 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 35 betterment cost to LICENSOR, including the increased cost of larger poles, sacrificed life value of the poles removed, cost of removal less any salvage recovery and the cost of transferring LICENSOR’S facilities from the old to the new poles. b. Payment Date: All bills for such other charges shall be payable upon presentment to LICENSEE, and shall be deemed delinquent if not paid within 30 days after presentment to LICENSEE. DATED: WITNESS (ATTEST) BY Title: WITNESS (ATTEST) CITY OF GRAND ISLAND, NE A Municipal Corporation BY Title: Mayor Grand Island Council Session - 8/25/2020 Page 112 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 36 APPENDIX 2 ATTACHMENTS TO POLES THIS APPENDIX 2 is, from the effective date hereof, an integral part of the License Agreement (hereinafter called the Agreement) between the City of Grand Island, therein called LICENSOR, and, ____________ therein called LICENSEE, dated , 20___, and contains certain minimum requirements and specifications governing the attachment of fiber, Equipment of LICENSEE (sometimes called Attachments in this Appendix) to poles of LICENSOR in the territory in which both parties hereto now or hereafter operate. The effective date of this Appendix 2 is , 20__. GENERAL 1. The LICENSEE is responsible for the proper design, construction and maintenance of its Attachments. Attachments generally will be limited to strand support cable, wire, service drops, terminals and necessary appurtenances deemed by LICENSOR to be suitable for pole mounting. 2. Any rearrangement of LICENSOR’S facilities or replacement of poles required to accommodate LICENSEE’S Attachments shall be done by LICENSOR or a contractor authorized by LICENSOR. 3. The fees and charges specified in APPENDIX 1 shall be applicable, (to all licenses granted to LICENSEE hereunder) without regard to the methods of attachment used. 4. LICENSEE’S Attachments shall be plainly identified by appropriate marking, satisfactory to LICENSOR. 5. LICENSEE’S workmen shall assure themselves that any pole to be climbed has sufficient strength or is adequately braced or guyed to support the weight of the workmen. 6. All requirements of the National Electrical Safety Code referred to herein shall mean the 2017 Edition of such code, or any later amendment or replacement thereof, and shall include any additional requirements of any applicable Federal, State, Grand Island Council Session - 8/25/2020 Page 113 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 37 County or Municipal Code. References to simply the Safety Code, or to N.E.S.C., have the same meaning. 7. While many of the standards and technical requirements for LICENSEE’S cable, equipment and facilities are set forth herein, LICENSOR reserves the right to specify the type of construction required in situations not otherwise covered in this Appendix. In such cases, LICENSOR will in its discretion furnish to LICENSEE written material which will specify and explain the required construction. 8. LICENSEE’S Attachments shall not use or carry voltages or currents in excess of the limits prescribed for cable television conductors by the National Electrical Safety Code Section 230 F1 & F2. However, all parts of the LICENSEE’S Attachments carrying voltages in excess of 60 volts AC (rms) to ground or 135 volts DC to ground, except for momentary signaling or control voltages, shall be enclosed in an effectively grounded sheath or shield. All energized parts of LICENSEE’S Attachments shall be suitably covered to prevent accidental contact to the general public, LICENSOR’S workmen or workmen of another LICENSEE having facilities on the same pole. 9. LICENSOR shall determine whether LICENSEE’S Attachments cause or may cause electrical interference with LICENSOR’S or any other LICENSEE’S communication/education facilities. LICENSEE shall, on demand of the LICENSOR, correct immediately at LICENSEE’S expense any such interference including, if necessary, removal of the Attachments causing the interference. 10. No Attachment shall use the earth as the sole conductor for any part of the circuit. 11. LICENSEE shall not circumvent LICENSOR’S or any other LICENSEE’S corrosion mitigation measures (e.g., short circuit insulating joints). GROUNDING AND BONDING 12. All power supplies shall be grounded. The neutral side of the power drop shall be continuous and not fused. The neutral line shall also be bonded to any power supply cabinet. Any cabinet shall be connected to an earth ground at the pole. In areas where the LICENSOR has a ground wire (which is connected to the LICENSOR’S neutral) running down the pole, the cabinet can be connected to it. Where a LICENSOR vertical Grand Island Council Session - 8/25/2020 Page 114 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 38 ground wire is not available, the LICENSEE must place a ground rod. All cabinets, housings and metal socket bases on a common pole shall be bonded to each other, to the LICENSOR’S strand and to the LICENSEE’S strand. 13. Where two or more aerial suspension strands are located on the same pole, the suspension strands shall be bonded together. LICENSEE shall attach the bonding wire to its strand and leave a sufficient length of wire to complete the bond. Where the strands of two or more LICENSEEs are to be bonded together, the LICENSEE placing the last strand, if authorized to do so by the other LICENSEEs, shall make both connections. Where such authorization is not granted by the LICENSEE owning the existing strand, LICENSEE shall attach the bonding wire to its strand and leave enough wire to permit making a connection and shall be responsible for completing the bonding. LICENSEE may bond its cable sheath to LICENSOR’S common neutral, vertical ground wires, and ground rods at whatever frequency LICENSEE desires. All vertical ground wires shall be covered by a molding. Ground rods installed by LICENSEE shall be in accordance with National Electrical Safety Code. 14. Suspension strands at trolley feeders and trolley contact wires located on the same street shall be bonded at the first, last and every intermediate fifth poles until the remaining section between bonds is not more than eight or less than four spans. At other locations, the strands shall be bonded at the first, last and every intermediate tenth poles until the remaining section between bonds is not more than thirteen or less than four spans. Strands shall be bonded at or near the first pole on each side of underground dips or trolley wire crossovers. 15. Strands attached to the same bolt do not have to be bonded. 16. Where a LICENSEE’S strand leaves a pole which carries other strands supporting cable television cables, and LICENSEE’S strand continues to a pole carrying power facilities of LICENSOR, LICENSEE’S fiber cable shall be: (A) Bonded to other cable television strands on the pole that it leaves; (B) Bonded to an effective ground preferably within two spans but not greater than ten (10) spans after leaving said pole, and; (C) Bonded with a No. 6 solid, soft-drawn copper wire. The wire must be attached to the strand with an approved clamp, such as a lashing Grand Island Council Session - 8/25/2020 Page 115 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 39 wire clamp, designed for attachment to each specific size of strand involved (for example, Chance Lashing Wire Clamp, Catalog Number 9000, or equivalent). 17. Strands supporting drop wire shall be bonded to the cable suspension strand. 18. Any connecting or bonding to LICENSOR’S facilities shall be done by LICENSOR and the connecting or bonding wire shall be sufficient length to allow LICENSOR to complete the connection or bond. CLEARANCES 19. LICENSEE’S Attachments are subject to cable television facilities clearances and shall meet all of the pertinent clearance requirements of the National Electric Safety Code. Safety Code rules covering the most commonly encountered conditions are listed below: NESC 2017 Edition General Rule (A) Vertical clearance on poles 235 jointly occupied by communication fiber, cable television facilities, and power facilities (B) Mid-span clearance between communication 235 fiber, cable television facilities, and power facilities (C) Crossing clearances of facilities 233 carried on different supports (D) Clearances from street light 238 brackets and associated wiring (E) Clearances of conductors from 233 another line (F) Clearances of vertical and lateral 239 conductors from other wires and Grand Island Council Session - 8/25/2020 Page 116 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 40 surfaces on the same support (G) Clearances in any direction from 235 line conductors and supports, and to vertical or lateral conductors, span or guy wires, attached to the same support (H) Vertical clearance of wires above 232 ground or rails (I) Structures for overhead lines 280 1. Supporting structure items one (1) thru five (5) 2. Unusual conductor supports (J) Minimum approach distance to energized conductors by communication workers 431 LOCATION AND SPACING 20. LICENSOR shall specify the location of LICENSEE’S Attachments on each pole, including the location of LICENSEE’S riser cables. Where LICENSOR has installed its own communication circuits (supervisory control circuits) for operation of its electric system, clearance of LICENSEE’S facilities from these communication circuits shall be the same as from LICENSOR’S common neutral conductor. 21. The minimum vertical separation between LICENSEE’S strand, and the strand of another LICENSEE when located on same side of pole shall be twelve (12) inches. LICENSEE’S strand shall be located at a point on the pole that provides the minimum clearance allowed by the National Electric Safety Code from the ground. LICENSEE may, however, agree with another LICENSEE to reduce the separation between their respective strands. Separation between the bolt holes must be in any event at least four (4) inches. 22. LICENSEE shall be required to place all of its Attachments, so not to interfere with climbing space, as defined in the National Electrical Safety Code. 23. Through bolts may not be placed less than ten inches from the top of the Grand Island Council Session - 8/25/2020 Page 117 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 41 pole. When through bolts present a hazard to climbing; i.e., extend more than two inches beyond the nut, they shall be trimmed to a safe length. 24. Pole steps will not be allowed on any LICENSOR pole, except to specific cases judged to be in the interest of safety by the LICENSOR. LOADING 25. The LICENSEE shall furnish to LICENSOR as a part of Exhibit A to this Agreement the details as to the ultimate strength, tension at 60F, and maximum tension in its suspension strand or conductor under the applicable storm loading specifications in Code. 26. LICENSEE shall furnish to LICENSOR as a part of Exhibit A to this Agreement details as to the weight and size of its fiber/cables, suspension strands and/or conductors, with and without the ice loading, as specified by the National Electrical Safety Code (Rule 251) or appropriate local code for the loading area concerned. NESC Rule 250 covers the degree of loading (light, medium, heavy) appropriate in different sections of the country. Where a local code designates a heavier degree of loading than the NESC, the local requirements shall govern. 27. LICENSEE may lash its fiber/cable to the strand of another LICENSEE, where this is acceptable to all other LICENSEEs involved and to LICENSOR. Maximum tension of LICENSEE’S strand shall not exceed 60% of the breaking strength under applicable storm loading, as defined by the National Electrical Safety Code (Rule 251). Where local codes designate a heavier degree of loading than the NESC, the local requirements shall govern. GUYING 28. Guying will be required on poles where the total unbalanced load, including the tension due to LICENSEE’S Attachments under the appropriate storm loading prescribed by the National Electrical Safety Code (Rule 251), exceed 200 pounds unless the pole was designed as an unguyed corner pole and the pole has adequate strength and stability, in the opinion of LICENSOR, to withstand the additional load. 29. Guys, when required, shall be of such material and dimensions as to Grand Island Council Session - 8/25/2020 Page 118 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 42 provide adequate strength to withstand the transverse loads specified in the National Electrical Safety Code (Rule 252B), and the longitudinal load assumed in the Code (Rule 252C). Guys on poles which also support power facilities shall be in compliance with the National Electrical Safety Code (Rule 261C and 282). 30. Guy guards shall be installed in compliance with NESC (Rule 282E). 31. LICENSEE may attach its guy to LICENSOR’S anchor rods only where LICENSOR specifically authorizes it in writing. Should it be necessary to replace the anchor at a later date to provide added strength for LICENSOR’S requirements, the anchor shall be replaced at LICENSEE’S expense if the existing anchor rod would support LICENSOR’S Attachments without regard to LICENSEE’S guy. 32. More than one LICENSEE may use a common guy to sustain their combined load. 33. Guys shall be insulated as specified in the Safety Code (Rules 215 and 283) and at any location where LICENSEE’S guy parallels LICENSOR’S guy with insulator. LICENSEE’S guys shall not short circuit LICENSOR’S guy insulators. 34. Cross guying of LICENSEE’S guys with LICENSOR’S guys is not allowed. 35. Material used for guys shall be compatible from a corrosion standpoint with the hardware to which it is attached. DATED: WITNESS (ATTEST) BY Title: WITNESS (ATTEST) CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation Grand Island Council Session - 8/25/2020 Page 119 / 239 Grand Island Small Cell MLA USCC_Final_07.16.2020.docx.unlocked – Sent to US Cellular 2/4/2020 9:13 AM 43 BY Title: Mayor Grand Island Council Session - 8/25/2020 Page 120 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-193 WHEREAS, USCOC Nebraska/Kansas LLC is a telecommunications company that wishes to attach small cell antennas and accessories to City owned utility poles; and WHEREAS, a Pole Attachment License Agreement is needed to allow the equipment to be placed on City utility poles; and WHEREAS, the National Electric Safety Code prescribes methods and clearances required for installation of multiple wire strand utility company facilities and equipment on utility poles; and WHEREAS, the proposed Pole Attachment License Agreement requires USCOC Nebraska/Kansas LLC to pay the per pole annual fee as determined by the current Fee Schedule for the City of Grand Island that is received from other companies that utilize this service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the City, to execute the Pole Attachment License Agreement between the City of Grand Island and USCOC Nebraska/Kansas LLC. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _________________________________ Roger G. Steele, Mayor Attest: _________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 121 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-5 #2020-194 - Approving 2020 GIPD and HCSO Justice Assistance Grant (JAG) Application and MOU Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 8/25/2020 Page 122 / 239 Council Agenda Memo From:Chief Robert Falldorf, Police Department Meeting:August 25, 2020 Subject:Edward Byrne Memorial Justice Assistance Grant (JAG) 2020 Presenter(s):Robert Falldorf, Chief of Police Background The Grand Island Police Department and Hall County Sheriff’s Department are eligible to receive Justice Assistance Grant money from the U.S. Department of Justice under the JAG offering in 2020. The total award for Grand Island-Hall County is in the amount of $28,938.00. The monies may be spent over a three-year period. The Grand Island Police Department will serve as the fiscal agency on this grant and must submit an application that requires signature by the Mayor. The Hall County Sheriff’s Department is a disparate agency and will receive twenty-five percent of the award totals. The grant will be shared; $7,235.00 to the Hall County Sheriff’s Department and $21,703.00 to the Grand Island Police Department. The Department of Justice requires that recipient agencies identify how the funds will be used. The Police Department will use the funds to support our computing systems in our patrol fleet as we have done for several years. Discussion There is a requirement that the applicant agency (Grand Island Police Department) make the Justice Assistance Grant (JAG) application available for review by the governing body. There is a federal mandate that requires a public review regarding the application process and disbursement of the JAG funds. This agenda item serves as the federal mandate. The grant requires an MOU between the applicant (City of Grand Island) and any disparate agencies (Hall County). By definition, Hall County is a disparate agency eligible for funds. Grand Island Council Session - 8/25/2020 Page 123 / 239 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 application and suggested disbursement as presented and the MOU. Sample Motion Move to approve the application and suggested disbursement of Justice Assistance Grant funding and the MOU between the City of Grand Island and Hall County. Grand Island Council Session - 8/25/2020 Page 124 / 239 Grand Island Council Session - 8/25/2020 Page 125 / 239 Grand Island Council Session - 8/25/2020 Page 126 / 239 Grand Island Council Session - 8/25/2020 Page 127 / 239 Grand Island Council Session - 8/25/2020 Page 128 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-194 WHEREAS, the Grand Island Police Department has received notification that they are eligible to apply for $28,938.00 in grant funds under the 2020 Byrne Justice Assistance (JAG) Program and the Hall County Sheriff's Department has been named as a disparate agency; and WHEREAS the Grand Island Police Department as the applicant will act as the fiscal agent; and WHEREAS, the Grand Island Police Department will be allocated $21,703.00 of the grant funds; and WHEREAS the Hall County Sheriff’s Department will be allocated $7,235.00 of the grant funds; and WHEREAS, government review and public review is required to discuss the proposed use of such funds; and WHEREAS, a memorandum of understanding between the City of Grand Island and Hall County is required as part of the grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is hereby granted to enter into a memorandum of understanding (MOU) with Hall County for the application of 2020 Justice Assistance Grant (JAG) funding. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 129 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-6 #2020-195 - Approving Purchase of 2020 1/2 Ton Transit Van for Police Department on State Contract Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 8/25/2020 Page 130 / 239 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:August 25, 2020 Subject:2020 Police Fleet Vehicle Purchase Presenter(s):Robert Falldorf, Police Chief Background The Police Department has $22,076 budget available in Capital expenditures line item and $2,020 budget available in our General Fund Miscellaneous Operating Equipment line item to purchase a 2020 Ford 1/2 ton Transit Cargo Van. This purchase will be made on the State Bid Contract #15208 (OC), for a total cost of $24,096, from Anderson Ford Auto Group, Lincoln, Nebraska. Discussion The Police Department has a need to replace a pickup for our Maintenance Division. We had to take our previous pickup out of circulation in our fleet due to repairs being too cost prohibitive and the fact that the City Garage told us that the pickup was no longer safe to drive. The Police Department currently has a pickup available that we can rotate from our Evidence Division to our Maintenance Division; however we are in need of replacing that pickup with another vehicle for our Evidence Division. We found a 2020 Ford 1/2 ton Transit Cargo Van on state bid that will work even better than our current pickup for our Evidence Division needs. We will use $22,076 in funds from our Capital expenditure line item and $2,020 from our General Fund Miscellaneous Operating Equipment line item to make the purchase with total cost being $24,096. This purchase will be made off of State Contract #15208(OC) and made from Anderson Ford Auto Group, Lincoln, Nebraska. 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 - 8/25/2020 Page 131 / 239 Recommendation City Administration recommends that the Council approve the purchase of One (1) 2020 Ford 1/2 ton Transit Cargo Van at the cost of $24,096 under State contract from Anderson Ford Auto Group, Lincoln, Nebraska. Sample Motion Move to purchase One (1) 2020 Ford 1/2 ton Transit Cargo Van at the cost of $24,096 under State contract from Anderson Ford Auto Group, Lincoln, Nebraska. Grand Island Council Session - 8/25/2020 Page 132 / 239 Grand Island Council Session - 8/25/2020 Page 133 / 239 Grand Island Council Session - 8/25/2020 Page 134 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-195 WHEREAS, the City through the Police Department has budgeted $24,096 for the purchase of One (1) 2020 Ford 1/2 ton Transit Cargo Van; and WHEREAS, the State of Nebraska has released the State contracts for vehicle purchases which include this one (1) vehicle the Police Department wants to purchase under State Contract 15208 (OC); and WHEREAS, the Police Department wishes to purchase this vehicle from Anderson Ford Auto Group, Lincoln, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, Approves the purchase of One (1) 2020 Ford 1/2 ton Transit Cargo Van for a total of $24,096 under State Contract pricing from Anderson Auto Group, Lincoln, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 135 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-7 #2020-196 - Approving Police Services Contract with Hall County Housing Authority (HCHA) Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 8/25/2020 Page 136 / 239 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:August 25, 2020 Subject:Police Service Contract with Hall County Housing Authority (HCHA) Presenter(s):Robert Falldorf, Police Chief Background The Hall County Housing Authority has contracted with the City for police services for several years. This is a request to enter into a new two year agreement. Discussion We are proposing a new two year agreement with the Hall County Housing Authority for the period of July 9, 2020 through July 8, 2022. There is a 30 day termination clause within the agreement. This contract is for a remuneration amount of $100,000 ($50,000 for each year of the contract) to be paid to the City of Grand Island by the Hall County Housing Authority in quarterly installments. The police department will be able to continue the service within the terms of the contract for this amount of revenue. The police officer assigned to public housing areas is a force multiplier for our agency and has been mutually beneficial to both agencies. 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 - 8/25/2020 Page 137 / 239 Recommendation City Administration recommends that the Council approve a two year contract for police services with the Hall County Housing Authority. Sample Motion Move to approve a two year contract for police services with the Hall County Housing Authority. Grand Island Council Session - 8/25/2020 Page 138 / 239 Grand Island Council Session - 8/25/2020 Page 139 / 239 Grand Island Council Session - 8/25/2020 Page 140 / 239 Grand Island Council Session - 8/25/2020 Page 141 / 239 Grand Island Council Session - 8/25/2020 Page 142 / 239 Grand Island Council Session - 8/25/2020 Page 143 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-196 WHEREAS, on December 19, 2000, by Resolution 2000-397, the City of Grand Island approved a Police Services Contract between the City and the Hall County Housing Authority to provide specific police services associated with the Hall County Housing Authority’s security programs; and WHEREAS, the City and the Hall County Housing Authority are interested in continuing the provision of such police services; and WHEREAS, it is recommended that a new contact be entered into for such services for a two-year period which will cover July 9, 2020 through July 8, 2022, and WHEREAS, the Hall County Housing Authority agrees to pay $100,000 to the City of Grand Island for the two year period in quarterly payments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract Agreement for police services between the City and the Hall County Housing Authority to provide specific police services associated with the Hall County Housing Authority’s security programs is hereby approved; and the mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 144 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-8 #2020-197 - Approving Annual Agreement for Financial Software Licensing and Support Staff Contact: Patrick Brown Grand Island Council Session - 8/25/2020 Page 145 / 239 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:August 25, 2020 Subject:Approving Annual Agreement for Financial Software Licensing and Support Presenter(s):Patrick Brown, Finance Director Background On July 10, 2001, Council approved the purchase and implementation of Tyler Technologies’ MUNIS integrated financial software system for the City of Grand Island. This financial software continues to provide the City of Grand Island excellent service and support for financial information. Each year in order to receive software upgrades and technical assistance from Tyler Technologies; it is necessary to enter into an annual Support Agreement. Discussion The total cost for Tyler Technologies’ Financial Software Licensing and Support for the period of 9/14/2020 to 9/13/2021 is $214,137.38. The Tyler System Management Services Support provides service to the Information Technology department on system backup and recovery assistance, file permissions and security, system tools and user guides of each module, assistance on upgrades for each database as well as services for free system server transfers. Munis Module Support and Update Licensing include support and licensing for City staff to use the following accounting programs. Payroll, Human Resource Management, Cash Management, Project Accounting, Requisitions/Purchase Orders, Accounts Payable, General Ledger, Budget, General Billing, Accounts Receivable, Special Assessments, Fixed Assets, Tyler Content Manager, TCM auto Index and Redaction, Role tailored Dashboard, Tyler form Processing, Crystal Reports, Employee Self Service, and Munis Office. Advanced Scheduling Mobile Access Maintenance, Advanced Scheduling Maintenance, Time & Attendance Mobile Access Maintenance, and Time & Attendance Maintenance are the City’s Time Clock System tools. Grand Island Council Session - 8/25/2020 Page 146 / 239 The Tyler Content Manager feature enables viewing of on-line accounts payable invoices, W9’s, checks written, purchase orders, and secured employee direct deposit stubs and W2’s. Crystal Reports is a report writing system that extracts data from each accounting module table to produce user defined reports. The Employee Self-Service module allows employees to have on-line access to pay history, direct deposits, W-2 information, leave balances, and make changes to their personal information such as addresses, phone numbers, dependents and emergency contacts. Employee Self-Service is also used annually for on-line cafeteria benefit deductions and has allowed the City to implement on-line employee absence approvals that flow directly into bi-weekly payroll batch processing. Munis Office connects Microsoft Office products Excel and Word to each accounting program. The Tyler Unlimited CAL Graphic User Interface (GUI) Support is the interface that creates the screens and user “look” to the database that holds information. Users can individualize the look and feel of each of their module screens showing different information in different ways. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2020-2021 Contract with Tyler Technologies, Inc for software support and licensing. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the 2020-2021 Annual Financial Support Agreement with Tyler Technologies, Inc. in the amount of $214,137.38. Sample Motion Move to approve the Annual Financial Support Agreement with Tyler Technologies, Inc. in the amount of $214,137.38. Grand Island Council Session - 8/25/2020 Page 147 / 239 Grand Island Council Session - 8/25/2020 Page 148 / 239 Grand Island Council Session - 8/25/2020 Page 149 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-197 WHEREAS, on July 10, 2001, by Resolution 2001-180, the City of Grand Island approved the proposal of Process, Inc., d/b/a Munis, to implement new accounting software with an integrated financial program; and WHEREAS, in order to receive continued upgrades and technical assistance from the company, it is necessary to enter into an annual Financial Support Agreement; and WHEREAS, the cost for the period of September 14, 2020 to September 13, 2021 for Munis Module support, Tyler System Management Services Support, Tyler Unlimited CAL support and update licensing is $214,137.38; and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual Financial Support Agreement by and between the City and Tyler Technologies, Inc. for the amount of $214,137.38 is hereby approved. BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 150 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-9 #2020-198 - Approving Acquisition of Public Right-of-Way for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Melodee A. Anderson- 3515 W Old Potash Highway and R & D Investments, LLC- 120 Diers Avenue) Staff Contact: John Collins Grand Island Council Session - 8/25/2020 Page 151 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-198 WHEREAS, public right-of-way is required by the City of Grand Island for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, from several property owners described as follows: Property Owner Legal Description Amount MELODEE A. ANDERSON, TRUSTEE A TRACT OF LAND LOCATED IN LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; THENCE ON AN ASSUMED BEARING OF N89o27’25”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; A DISTANCE OF 348.11 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00o57’24”E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 30.50 FEET; THENCE S89o28’39”W A DISTANCE OF 12.73 FEET THENCE N79o21’21”W A DISTANCE OF 77.24 FEET; THENCE N89o05’25”W A DISTANCE OF 259.84 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o59’34”W ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 8.92 FEET TO A POINT OF BEGINNING. SAID TRACT CONTAINS 5,302 SF. 22,540.00 R & D INVESTMENTS, LLC A TRACT OF LAND LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 10.31 FEET; THENCE S89o05’25”E A DISTANCE OF 158.95 FEET; THENCE N89o28’39”E A DISTANCE OF 172.30 FEET; THENCE N44o18’07”E A DISTANCE OF 13.81 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, POINT ALSO BEING THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S01o34’58”E ALONG THE EAST LINE OF SAID LOT 2, LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF SAID DIERS AVENUE, A DISTANCE OF 16.42 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, POINT ALSO BEING THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF OLD $12,870.00 Grand Island Council Session - 8/25/2020 Page 152 / 239 - 2 - POTASH & THE WEST RIGHT-OF-WAY LINE OF SAID DIERS AVENUE; THENCE S89o31’31”W ALONG THE SOUTH LINE OF SAID LOT 2, LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF SAID OLD POTASH, A DISTANCE OF 341.04 FEET TO A POINT OF BEGINNING. SAID TRACT CONTAINS 2,574 SF. Total= $35,410.00 WHEREAS, Agreements for the public right-of-way have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreements for the public right-of-way on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 153 / 239 Grand Island Council Session - 8/25/2020 Page 154 / 239 Grand Island Council Session - 8/25/2020 Page 155 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-10 #2020-199 - Approving Acquisition of Public Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (R & D Investments, LLC- 120 Diers Avenue) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 156 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-199 WHEREAS, public easements are required by the City of Grand Island, from an affected property owner in Old Potash Highway Roadway Improvements; Project No. 2019-P-1 project area: Property Owner Legal Description Amount R & D INVESTMENTS, LLC A PERMANENT ACCESS EASEMENT LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT- OF-WAY TRACT; THENCE ON AN ASSUMED BEARING N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 10.31 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 65.00 FEET; THENCE S89o05’25”E A DISTANCE OF 20.02 FEET; THENCE S01o37’52”E PARALLEL AND 20.00 FEET EAST OF THE WEST LINE OF SAID LOT 2, A DISTANCE OF 65.00 FEET TO A POINT ON THE NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE N89o05’25”W ALONG THE NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 20.02 FEET TO A POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,300 SF MORE OR LESS. and A PERMANENT UTILTIY EASEMENT LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, THENCE ON AN ASSUMED BEARING N01o34’58”W ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 56.99 FEET TO A POINT OF CURVATURE, THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 029o14’13”, A RADIUS OF 230.00 FEET; A CHORD BEARING $4,710.00 Grand Island Council Session - 8/25/2020 Page 157 / 239 - 2 - OF N13o16’32”E WITH A CHORD DISTANCE OF 116.10 FEET, AN ARC LENGTH OF 117.36 FEET TO THE POINT OF BEGINNING; THENCE N12o45’05”W A DISTANCE OF 22.00 FEET TO A POINT ON THE EAST LINE OF AN EXISTING UTILTIY EASEMENT; THENCE N16o14’55”E ALONG A EAST LINE OF SAID EXISTING UTILITY EASEMENT A DISTANCE OF 36.88 FEET; THENCE S89o49’05”E ALONG A SOUTH LINE OF SAID EXISTING UTILTIY EASEMENT A DISTANCE OF 2.17 FEET; THENCE S12o45’05”E A DISTANCE OF 33.22 FEET; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 007o08’55”, A RADIUS OF 230.00 FEET; A CHORD BEARING OF S31o28’05”W WITH A CHORD DISTANCE OF 28.68 FEET, AN ARC LENGTH OF 28.70 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 582 SQ FT MORE OR LESS. TOTAL= $4,710.00 WHEREAS, a public easement agreement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for public easements on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 158 / 239 Grand Island Council Session - 8/25/2020 Page 159 / 239 Grand Island Council Session - 8/25/2020 Page 160 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-11 #2020-200 - Approving Acquisition and Payment to County Court for Just Compensation from Appraiser’s Report for Public Right- of-Way, and Permanent and Temporary Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Barr None, LLC- 111 Diers Avenue) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins Grand Island Council Session - 8/25/2020 Page 161 / 239 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:August 25, 2020 Subject:Approving Acquisition and Payment to County Court for Just Compensation from Appraiser’s Report for Public Right-of-Way, and Permanent and Temporary Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Barr None, LLC- 111 Diers Avenue) 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. Discussion A condemnation hearing was held in Hall County Court on August 14, 2020. The appointed Board of Appraisers has issued their determination. The following is a summary of the appraised amounts offered and the amounts based on the determination of the court appointed appraisers. Barr None, LLC- 111 Diers Avenue Acquisition Type Amount Offered Condemnation Amount Public Right-of-Way $18,450.00 $18,450.00 Permanent Utility Easement $ 5,280.00 $12,375.00 Permanent Drainage Easement $19,470.00 $12,375.00 Temporary Construction Easement $20,560.00 $52,700.00 Grand Island Council Session - 8/25/2020 Page 162 / 239 Totals=$63,760.00 $95,900.00 Once the court awarded amount is paid to the Hall County court this portion of the Old Potash Highway Roadway Improvements; Project No. 2019-P-1 can get underway. The owners have the right to appeal but his will not affect our ability to use the property as needed while the appeal process moves forward. If the return of appraisers is appealed by either party, the case is tried over again in the District Court. The dollar amount is still in dispute until the appeal time runs out or until there is a final order from the Courts. If we do not pay the initial appraiser’s award, we are deemed to have abandoned our case we may not seek condemnation on the same property for two (2) years. Engineering staff of the Public Works Department negotiated with the property owner for such purchase. Property Owner Legal Description Amount BARR NONE, LLC A PERMANENT EASEMENT FOR ROAD RIGHT-OF-WAY CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING AT THE ITNERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY & EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE ON AN ASSUMED BEARING OF N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET; TEHNCE S45o48’00”E A DISTANCE OF 28.98 FEET; THENCE N89o28’39”E A DISTANCE OF 136.80 FEET; THENCE N37o10’05”E A DISTANCE OF 61.01 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 AS DESCRIBED IN DEED DOCUMENT NO. 70-004933; THENCE S01o33’52”E ALONG THE WEST LINE OF SAID HIGHWAY 281, A DISTANCE OF 10.33 FEET TO A WESTERLY CORNER OF HIGHWAY 281 RIGHT-OF-WAY; THENCE S33o59’41”W ALONG A WESTERLY LINE OF SAID HIGHWAY 281 RIGHT-OF-WAY, A DISTANCE OF 51.59 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3, POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; THENCE S89o30’38”W ALONG $95,900.00 Grand Island Council Session - 8/25/2020 Page 163 / 239 THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 165.02 FEET TO A POINT OF BEGINNING. SAID RIGHT- OF-WAY CONTAINS 1,366 SQUARE FEET MORE OR LESS AND A PERMANENT EASEMENT FOR A UTILITY EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF- WAY TRACT; THENCE ON AN ASSUMED BEARING N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED ROW TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01o59’126”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 32.90 FEET TO A POINT OF CURVATURE; THENCE ON THE WEST LINE OF LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7o00’29”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N02o15’27”E WITH A CHORD DISTANCE OF 20.78 FEET, AN ARC LENGTH OF 20.79 FEET; THENCE S21o05’31”E A DISTANCE OF 57.58 FEET; THENCE S01o04’29”E A DISTANCE OF 20.13 FEET TO A POINT ON THE NORTH LINE OF SAID PROPOSED ROW TRACT; THENCE N45o48’00”W ALONG THE NORTHEASTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 28.98 FEET TO A POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 782 SQUARE FEET MORE OR LESS. AND A PERMANENT EASEMENT FOR A DRAINAGE EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), Grand Island Council Session - 8/25/2020 Page 164 / 239 COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASAKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHEAST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF S89o30’38”W ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, A DISTANCE OF 35.01 FEET TO A SOUTHEAST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE N33o59’41”E ALONG THE SOUTHEAST LINE OF SAID PROPOSED RIGHT-OF- WAY TRACT, A DISTANCE OF 51.59 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED RIGHT-OF- WAY TRACT; THENCE N01o30’24”W ALONG THE EAST LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 10.33 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S37o10’05”W ALONG THE NORTHWESTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 61.03 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED ROW TRACT; THENCE S89o28’39”W ALONG THE NORTH LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 12.12 FEET; THENCE N20o53’08”E A DISTANCE OF 80.91 FEET; THENCE N01o28’59”W A DISTANCE OF 73.36 FEET; THENCE N03o11’21”W A DISTANCE OF 95.09 FEET; THENCE N55o00’09”W A DISTANCE OF 21.43 FEET; THENCE N03o11’21”W A DISTANCE OF 10.83 FEET; THENCE N86o48’389”E A DISTANCE OF 27.24 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF HIGHWAY 281; THENCE S01o30’24”E ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 281, A DISTANCE OF 213.67 FEET TO A POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 2,884 SQUARE FEET MORE OR LESS. AND A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), Grand Island Council Session - 8/25/2020 Page 165 / 239 COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING A SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING OF N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 57.74 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7o00’29”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N02o15’27”E WITH A CHORD BEARING OF 20.78 FEET, AN ARC LENGTH OF 20.79 TO THE NORTHWEST CORNER OF SAID PROPOSED UTILITY EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING, TO A POINT OF CURVATURE; THENCE ALONG THE WESTERLY SIDE OF SAID LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 10o00’09”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N10o45’46”E WITH A CHORD DISTANCE OF 29.64 FEET, AN ARC LENGTH OF 29.68 FEET; THENCE S47o51’39”E A DISTANCE OF 10.40 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 13o59’08”, A RADIUS OF 160.00 FEET, A CHORD BEARING OF S08o08’47”W WITH A CHORD DISTANCE OF 38.96 FEET, AN ARC LENGTH OF 39.05 FEET; THENCE S21o05’31”E A DISTANCE OF 32.88 FEET; THENCE N89o28’39”E A DISTANCE OF 107.39 FEET; THENCE N30o53’08”E A DISTANCE OF 50.46 FEET; THENCE N01o28’59”W A DISTANCE OF 24.13 FEET; THENCE N88o31’01”E A DISTANCE OF 8.00 FEET; THENCE N01o28’59”W A DISTANCE OF 76.65 FEET; THENCE N55o00’09”W A DISTANCE OF 77.30 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 3, POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N48o07’41”E ALONG THE NORTHWESTERLY LINE OF SAID LOT 3, A DISTANCE OF 17.93 FEET TO A POINT OF CURVATURE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 3, AROUND A CURVE IN A COUNTER-CLOCKWISE Grand Island Council Session - 8/25/2020 Page 166 / 239 DIRECTION HAVING A DELTA ANGLE OF 25o55’05”, A RADIUS OF 230.00 FEET, A CHORD BEARING OF N36o15’19”E WITH A CHORD DISTANCE OF 103.16 FEET, AN ARC LENGTH OF 104.04 FEET; THENCE N88o22’32”E A DISTANCE OF 15.89 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 DEED NO. 79-004933; THENCE S01o30’24”E ALONG THE WEST LINE OF SAID HIGHWAY 281 CONDEMNATION DEED, LINE ALSO BEING THE WEST R.O.W. LINE OF HIGHWAY 281, A DISTANCE OF 52.73 FEET TO THE NORTHEAST CORNER OF A PROPOSED DRAINAGE EASEMENT; THENCE S86o48’39”W ALONG THE NORTH LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 27.24 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED DRAINGE EASEMENT; THENCE S03o11’21”E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 10.83 FEET TO A NORTHWESTERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S55o00’09”E ALONG A NORTHWESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 21.43 FEET TO A NORTHERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S03o11’21”E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 95.09 FEET TO A WESTERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S01o28’59”E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 73.36 FEET TO THE SOUTHERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S30o53’08”W ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 80.91 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED DRAINAGE EASEMENT, SAID POINT ALSO BEING ON THE NORTH LINE OF A PROPOSED RIGHT- OF-WAY TRACT; THENCE S89o28’39”W ALONG SAID NORTH LINE, A DISTANCE OF 124.68 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED UTILITY EASEMENT; THENCE N01o04’29”W ALONG THE EAST LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 20.13 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED UTILITY EASEMENT; THENCE N21o05’31”W ALONG THE NORTHEASTERLY LINE OF SAID PROPOSED UTILITY EASEMENT, A Grand Island Council Session - 8/25/2020 Page 167 / 239 DISTANCE OF 57.58 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 15,226 SQUARE FEET MORE OR LESS. TOTAL= $95,900.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve payment to Hall County Court for Just Compensation from Appraisers Report for Public Right-of-Way, and Permanent and Temporary Easements for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (Barr None, LLC- 111 Diers Avenue). Sample Motion Move to approve the acquisitions. Grand Island Council Session - 8/25/2020 Page 168 / 239 US-281 16'PROPOSED US-281 TURN LANE PROPOSED CONCRETE FLUME TO INTERCEPT HIGHWAY DRAINAGE AREA INLET AREA INLET PROPOSED TEMPORARY EASEMENT PROPOSED PERMANENT DRAINAGE EASEMENT DRAINAGE PATH (TYP.)DRAIN. EASE.(WIDTH VARIES)RECONSTRUCT PARKING TO RAISE OUTER CURB LINE (TYP.) 7' SIDEWALK 6' TERRACE EXISTING 40' R.O.W.3.5' R.O.W. PROPOSED R.O.W. 24.5' GRADING LIMITS 7' 5.4' 32' DIERS AVENUEOLD POTASH HIGHWAY10' TEMP.EASE.49' DRIVEWAY EXISTING STALLS = 44 STALLS FOLLOWING PROPOSED IMPROVEMENTS = 44 (BOTH COUNTS EXCLUDE TRAILER PARKING) EXISTING 16' UTILITY EASEMENT PARKING STALL IMPACT PARKING STALL IMPACT OWNER: BARR NONE LLC. LOT 3, COMMONWEALTH BUSINESS PARK SUBD. ADDRESS: 111 N DIERS AVE 893 S.F. RIGHT-OF-WAY 16177 S.F. TEMPORARY EASEMENT 3053 S.F. PERMANENT EASEMENT TRACT 18 www.olsson.comTEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 TRACT 18 PROTECT SIGN 28.2'TEMP.EASE.WIDTHVARIES1' CURB TO EASE.2' CURBTO FLUMEDRAIN. EASE.(WIDTH VARIES)20'18' PROPOSED PERMANENT UTILITY EASEMENT Grand Island Council Session - 8/25/2020 Page 169 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-200 WHEREAS, through a public hearing and approval of Resolution No. 2020-200 on August 25, 2020, Grand Island City Council authorized City staff to acquire certain tracts of land for the Old Potash Highway Roadway Improvements; Project No. 2019-P-1 project area: Property Owner Legal Description Amount BARR NONE, LLC A PERMANENT EASEMENT FOR ROAD RIGHT-OF-WAY CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING AT THE ITNERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY & EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE ON AN ASSUMED BEARING OF N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET; TEHNCE S45o48’00”E A DISTANCE OF 28.98 FEET; THENCE N89o28’39”E A DISTANCE OF 136.80 FEET; THENCE N37o10’05”E A DISTANCE OF 61.01 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 AS DESCRIBED IN DEED DOCUMENT NO. 70-004933; THENCE S01o33’52”E ALONG THE WEST LINE OF SAID HIGHWAY 281, A DISTANCE OF 10.33 FEET TO A WESTERLY CORNER OF HIGHWAY 281 RIGHT-OF-WAY; THENCE S33o59’41”W ALONG A WESTERLY LINE OF SAID HIGHWAY 281 RIGHT-OF-WAY, A DISTANCE OF 51.59 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3, POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY; THENCE S89o30’38”W ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 165.02 FEET TO A POINT OF BEGINNING. SAID RIGHT-OF- WAY CONTAINS 1,366 SQUARE FEET MORE OR LESS AND A PERMANENT EASEMENT FOR A UTILITY EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA, $95,900.00 Grand Island Council Session - 8/25/2020 Page 170 / 239 - 2 - SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 24.84 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED ROW TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01o59’126”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 32.90 FEET TO A POINT OF CURVATURE; THENCE ON THE WEST LINE OF LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7o00’29”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N02o15’27”E WITH A CHORD DISTANCE OF 20.78 FEET, AN ARC LENGTH OF 20.79 FEET; THENCE S21o05’31”E A DISTANCE OF 57.58 FEET; THENCE S01o04’29”E A DISTANCE OF 20.13 FEET TO A POINT ON THE NORTH LINE OF SAID PROPOSED ROW TRACT; THENCE N45o48’00”W ALONG THE NORTHEASTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 28.98 FEET TO A POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 782 SQUARE FEET MORE OR LESS. AND A PERMANENT EASEMENT FOR A DRAINAGE EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASAKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHEAST CORNER OF LOT 3, COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF S89o30’38”W ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, A DISTANCE OF 35.01 FEET TO A SOUTHEAST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE N33o59’41”E ALONG THE SOUTHEAST LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 51.59 FEET TO A SOUTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE N01o30’24”W ALONG THE EAST LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 10.33 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S37o10’05”W ALONG THE NORTHWESTERLY LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 61.03 FEET TO A SOUTHEAST Grand Island Council Session - 8/25/2020 Page 171 / 239 - 3 - CORNER OF SAID PROPOSED ROW TRACT; THENCE S89o28’39”W ALONG THE NORTH LINE OF SAID PROPOSED ROW TRACT, A DISTANCE OF 12.12 FEET; THENCE N20o53’08”E A DISTANCE OF 80.91 FEET; THENCE N01o28’59”W A DISTANCE OF 73.36 FEET; THENCE N03o11’21”W A DISTANCE OF 95.09 FEET; THENCE N55o00’09”W A DISTANCE OF 21.43 FEET; THENCE N03o11’21”W A DISTANCE OF 10.83 FEET; THENCE N86o48’389”E A DISTANCE OF 27.24 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF HIGHWAY 281; THENCE S01o30’24”E ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 281, A DISTANCE OF 213.67 FEET TO A POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 2,884 SQUARE FEET MORE OR LESS. AND A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF A TRACT OF LAND DESCRIBED AS A PART OF LOT THREE (3), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: COMMENCING AT A SOUTHWEST CORNER OF SAID LOT 3, POINT ALSO BEING A SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING OF N01o59’16”W ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 57.74 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 7o00’29”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N02o15’27”E WITH A CHORD BEARING OF 20.78 FEET, AN ARC LENGTH OF 20.79 TO THE NORTHWEST CORNER OF SAID PROPOSED UTILITY EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING, TO A POINT OF CURVATURE; THENCE ALONG THE WESTERLY SIDE OF SAID LOT 3, AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 10o00’09”, A RADIUS OF 170.00 FEET, A CHORD BEARING OF N10o45’46”E WITH A CHORD DISTANCE OF 29.64 FEET, AN ARC LENGTH OF 29.68 FEET; THENCE S47o51’39”E A DISTANCE OF 10.40 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 13o59’08”, A RADIUS OF 160.00 FEET, A CHORD BEARING OF S08o08’47”W WITH A CHORD DISTANCE OF 38.96 FEET, AN ARC LENGTH OF 39.05 FEET; Grand Island Council Session - 8/25/2020 Page 172 / 239 - 4 - THENCE S21o05’31”E A DISTANCE OF 32.88 FEET; THENCE N89o28’39”E A DISTANCE OF 107.39 FEET; THENCE N30o53’08”E A DISTANCE OF 50.46 FEET; THENCE N01o28’59”W A DISTANCE OF 24.13 FEET; THENCE N88o31’01”E A DISTANCE OF 8.00 FEET; THENCE N01o28’59”W A DISTANCE OF 76.65 FEET; THENCE N55o00’09”W A DISTANCE OF 77.30 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 3, POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N48o07’41”E ALONG THE NORTHWESTERLY LINE OF SAID LOT 3, A DISTANCE OF 17.93 FEET TO A POINT OF CURVATURE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 3, AROUND A CURVE IN A COUNTER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 25o55’05”, A RADIUS OF 230.00 FEET, A CHORD BEARING OF N36o15’19”E WITH A CHORD DISTANCE OF 103.16 FEET, AN ARC LENGTH OF 104.04 FEET; THENCE N88o22’32”E A DISTANCE OF 15.89 FEET TO A POINT ON THE WEST LINE OF HIGHWAY 281 DEED NO. 79- 004933; THENCE S01o30’24”E ALONG THE WEST LINE OF SAID HIGHWAY 281 CONDEMNATION DEED, LINE ALSO BEING THE WEST R.O.W. LINE OF HIGHWAY 281, A DISTANCE OF 52.73 FEET TO THE NORTHEAST CORNER OF A PROPOSED DRAINAGE EASEMENT; THENCE S86o48’39”W ALONG THE NORTH LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 27.24 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED DRAINGE EASEMENT; THENCE S03o11’21”E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 10.83 FEET TO A NORTHWESTERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S55o00’09”E ALONG A NORTHWESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 21.43 FEET TO A NORTHERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S03o11’21”E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 95.09 FEET TO A WESTERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S01o28’59”E ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 73.36 FEET TO THE SOUTHERLY CORNER OF SAID PROPOSED DRAINAGE EASEMENT; THENCE S30o53’08”W ALONG A WESTERLY LINE OF SAID PROPOSED DRAINAGE EASEMENT, A DISTANCE OF 80.91 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED DRAINAGE EASEMENT, SAID POINT ALSO BEING ON THE NORTH LINE Grand Island Council Session - 8/25/2020 Page 173 / 239 - 5 - OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE S89o28’39”W ALONG SAID NORTH LINE, A DISTANCE OF 124.68 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED UTILITY EASEMENT; THENCE N01o04’29”W ALONG THE EAST LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 20.13 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED UTILITY EASEMENT; THENCE N21o05’31”W ALONG THE NORTHEASTERLY LINE OF SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 57.58 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 15,226 SQUARE FEET MORE OR LESS. TOTAL= $95,900.00 WHEREAS, a condemnation hearing was held in Hall County Court on August 14, 2020 wherein the Board of Appraisers issued their determination; and WHEREAS, in order to continue with the Old Potash Highway Roadway Improvements; Project No. 2019-P-1, it is necessary that the City deposit with Hall County Court the amount of $95,900.00 as determined by the Board of Appraisers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City deposit with the Hall County Court the sum of $95,900.00 in accordance with the laws of eminent domain. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 174 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-12 #2020-201 - Approving Temporary Construction Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (R & D Investments, LLC- 120 Diers Ave, Melodee A. Anderson- 3515 W Old Potash Highway, Mehring, Inc.- 3803/3805 W Old Potash Highway) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 175 / 239 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:August 25, 2020 Subject:Approving Temporary Construction Easement for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (R & D Investments, LLC- 120 Diers Ave, Melodee A. Anderson- 3515 W Old Potash Highway, Mehring, Inc.- 3803/3805 W 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. Temporary Construction easements are needed to accommodate the construction activities for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, which must be approved by City Council. The temporary construction easements will allow for the roadway improvements to this area. A sketch is attached to show the temporary construction easement areas. Discussion Temporary construction easements are needed for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 to be constructed. Engineering staff of the Public Works Department negotiated with the property owners for use of such temporary construction easements. Grand Island Council Session - 8/25/2020 Page 176 / 239 Property Owner Legal Description Cost R & D Investments, LLC A TEMPORARY EASEMENT LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICLUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 75.31 FEET TO THE NORTHWEST CORNER OF A PROPOSED ACCESS EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 25.03 FEET; THENCE N88o48’38”E A DISTANCE OF 55.00 FEET; THENCE S01o37’52”E A DISTANCE OF 72.02 FEET; THENCE S89o05’25”E A DISTANCE OF 104.53 FEET; THENCE N89o28’39”E A DISTANCE OF 146.15 FEET; THENCE N44o18’07”E A DISTANCE OF 49.46 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG THE WEST LINE OF LOT 2, AROUND A CURVE IN A COUTNER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 1o10’39”, A RADIUS OF 230.00 FEET, A CHORD BEARING OF S00o45’15”E, A CHORD DISTANCE OF 4.73 FEET, AN ARC LENGTH OF 4.73 FEET; THENCE S01o34’58”E ALONG THE EAST LINE OF SAID LOT 2, LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF SAID DIERS AVE., A DISTANCE OF 40.57 TO THE NORTHEAST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE S44o18’07”W ALONG A NORTHERLY LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 13.81 FEET TO A NORTHEASTERLY CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE S89o28’39”W ALONG A NORTH LINE OF SAID PROPOSED RIGHT-OF- WAY TRACT, A DISTANCE OF 172.30 FEET TO A NORTHERLY CORNER OF SAID PROPOSED RIGHT-OF- WAY TRACT; THENCE N89o05’25”W ALONG A NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 138.93 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED ACCESS EASEMENT; THENCE N01o37’52”W ALONG THE EAST LINE OF SAID PROPOSED ACCESS EASEMENT, LINE ALSO PARALLEL TO AND 20.00 FEET EAST OF THE WEST LINE OF SAID LOT 2, A DISTANCE OF 65.00 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED ACCESS EASEMENT; THENCE N89o05’25”W ALONG THE NORTH LINE OF SAID PROPOSED ACCESS EASEMENT, A DISTANCE OF 20.02 $27,905.00 Grand Island Council Session - 8/25/2020 Page 177 / 239 FEET TO A POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 10,002 SF MORE OR LESS. Melodee A. Anderson A TEMPORARY EASEMENT LOCATED IN LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, POINT ALSO BEING THE NORTHWEST CORNER OF A PROPOSED RIGHT-OF- WAY TRACT; THENCE ON AN ASSUMED BEARING OF S00o59’34”E ALONG THE WEST LINE OF A PROPOSED RIGHT-OF-WAY TRACT, SAID LINE ALSO BEING THE WEST LINE OF SAID LOT 1, A DISTANCE OF 8.92 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED RIGHT- OF-WAY TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89o05’25”E ALONG THE SOUTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 259.84 FEET; THENCE S79o21’21”E ALONG THE SOUTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 77.24 FEET; THENCE N89o28’39”E ALONG THE SOUTH LINE OF SAID PROPOSED RIGHT-OF- WAY TRACT, A DISTANCE OF 12.73 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID PROPOSED RIGHT- OF-WAY TRACT; THENCE S00o57’24”E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 23.14 FEET; THENCE S89o28’39”W A DISTANCE OF 165.34 FEET; THENCE N00o48’01”E A DISTANCE OF 25.00 FEET; THENCE N89o05’25”W A DISTANCE OF 119.78 FEET; THENCE S00o31’21”E A DISTANCE OF 25.00 FEET; THENCE S89o28’39”W A DISTANCE OF 63.61 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o59’35”W ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 41.60 FEET TO A POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 9,993.23 SQ FT MORE OR LESS. $41,530.00 Mehring, Inc. A TEMPORARY EASEMENT LOCATED IN PART OF LOT 2, WESTGATE EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2, WESTGATE EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF S00o58’52”E ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 40.00 FEET; THENCE S88o54’34”E PARALLEL TO AND 40.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 11.00 FEET; THENCE N00o58’52”W PARALLEL TO AND 11.00 FEET WEST OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 30.00 FEET; THENCE S88o54’34”W PARALLEL TO AND $10,250.00 Grand Island Council Session - 8/25/2020 Page 178 / 239 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 100.08 FEET; THENCE S01o16’18”E A DISTANCE OF 17.00 FEET; THENCE S88o54’34”W PARALLEL TO AND 27.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 39.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE N00o58’50”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 27.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT ALSO BEING ON THE SOUTH ROW LINE OF OLD POTASH HIGHWAY; THENCE N88o54’34”E ALONG SAID SOUTH ROW LINE, LINE ALSO BEING THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,492 SQ FT MORE OR LESS. Total= $79,685.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easements between the City of Grand Island and the affected property owners for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, in the total amount of $79,685.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 8/25/2020 Page 179 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-201 WHEREAS, temporary construction easements are required by the City of Grand Island, from affected property owners in Old Potash Highway Roadway Improvements; Project No. 2019-P-1 project area: Property Owner Legal Description Cost R & D Investments, LLC A TEMPORARY EASEMENT LOCATED IN LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICLUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, CITY OF GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED RIGHT-OF- WAY TRACT; THENCE ON AN ASSUMED BEARING N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 75.31 FEET TO THE NORTHWEST CORNER OF A PROPOSED ACCESS EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE N01o37’52”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 25.03 FEET; THENCE N88o48’38”E A DISTANCE OF 55.00 FEET; THENCE S01o37’52”E A DISTANCE OF 72.02 FEET; THENCE S89o05’25”E A DISTANCE OF 104.53 FEET; THENCE N89o28’39”E A DISTANCE OF 146.15 FEET; THENCE N44o18’07”E A DISTANCE OF 49.46 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG THE WEST LINE OF LOT 2, AROUND A CURVE IN A COUTNER-CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 1o10’39”, A RADIUS OF 230.00 FEET, A CHORD BEARING OF S00o45’15”E, A CHORD DISTANCE OF 4.73 FEET, AN ARC LENGTH OF 4.73 FEET; THENCE S01o34’58”E ALONG THE EAST LINE OF SAID LOT 2, LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF SAID DIERS AVE., A DISTANCE OF 40.57 TO THE NORTHEAST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE S44o18’07”W ALONG A NORTHERLY LINE OF SAID PROPOSED RIGHT-OF- WAY TRACT, A DISTANCE OF 13.81 FEET TO A NORTHEASTERLY CORNER OF SAID PROPOSED RIGHT-OF- WAY TRACT; THENCE S89o28’39”W ALONG A NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 172.30 FEET TO A NORTHERLY CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE N89o05’25”W ALONG A NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 138.93 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED ACCESS EASEMENT; THENCE N01o37’52”W ALONG THE EAST LINE OF SAID PROPOSED ACCESS EASEMENT, LINE ALSO PARALLEL TO AND 20.00 FEET EAST OF THE WEST LINE OF SAID LOT 2, A DISTANCE OF 65.00 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED ACCESS EASEMENT; THENCE N89o05’25”W ALONG THE $27,905.00 Grand Island Council Session - 8/25/2020 Page 180 / 239 - 2 - NORTH LINE OF SAID PROPOSED ACCESS EASEMENT, A DISTANCE OF 20.02 FEET TO A POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 10,002 SF MORE OR LESS. Melodee A. Anderson A TEMPORARY EASEMENT LOCATED IN LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, ANDERSON THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, POINT ALSO BEING THE NORTHWEST CORNER OF A PROPOSED RIGHT-OF-WAY TRACT; THENCE ON AN ASSUMED BEARING OF S00o59’34”E ALONG THE WEST LINE OF A PROPOSED RIGHT-OF-WAY TRACT, SAID LINE ALSO BEING THE WEST LINE OF SAID LOT 1, A DISTANCE OF 8.92 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89o05’25”E ALONG THE SOUTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 259.84 FEET; THENCE S79o21’21”E ALONG THE SOUTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 77.24 FEET; THENCE N89o28’39”E ALONG THE SOUTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A DISTANCE OF 12.73 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE S00o57’24”E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 23.14 FEET; THENCE S89o28’39”W A DISTANCE OF 165.34 FEET; THENCE N00o48’01”E A DISTANCE OF 25.00 FEET; THENCE N89o05’25”W A DISTANCE OF 119.78 FEET; THENCE S00o31’21”E A DISTANCE OF 25.00 FEET; THENCE S89o28’39”W A DISTANCE OF 63.61 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o59’35”W ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 41.60 FEET TO A POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 9,993.23 SQ FT MORE OR LESS. $41,530.00 Mehring, Inc. A TEMPORARY EASEMENT LOCATED IN PART OF LOT 2, WESTGATE EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2, WESTGATE EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA; THENCE ON AN ASSUMED BEARING OF S00o58’52”E ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 40.00 FEET; THENCE S88o54’34”E PARALLEL TO AND 40.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 11.00 FEET; THENCE N00o58’52”W PARALLEL TO AND 11.00 FEET WEST OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 30.00 FEET; THENCE S88o54’34”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 100.08 FEET; THENCE S01o16’18”E A DISTANCE OF 17.00 FEET; THENCE S88o54’34”W PARALLEL TO AND 27.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, $10,250.00 Grand Island Council Session - 8/25/2020 Page 181 / 239 - 3 - A DISTANCE OF 39.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE N00o58’50”W ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 27.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT ALSO BEING ON THE SOUTH ROW LINE OF OLD POTASH HIGHWAY; THENCE N88o54’34”E ALONG SAID SOUTH ROW LINE, LINE ALSO BEING THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,492 SQ FT MORE OR LESS. Total= $79,685.00 WHEREAS, such Temporary Construction easements have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owners for the Temporary Construction easements on the above described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 182 / 239 Grand Island Council Session - 8/25/2020 Page 183 / 239 Grand Island Council Session - 8/25/2020 Page 184 / 239 Grand Island Council Session - 8/25/2020 Page 185 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-13 #2020-202 - Approving Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 186 / 239 Council Agenda Memo From:Jon Menough PE, Wastewater Plant Engineer Meeting:August 25, 2020 Subject:Approving Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3 Presenter(s):John Collins PE, Public Works Director Background JCI Industries, Inc. of Lincoln, Nebraska was awarded a $25,295.00 contract on May 12, 2020, via Resolution No. 2020-116, for Diffuser Replacement; Project No. 2020-WWTP-3. This project replaced the ethylene propylene diene terpolymer (EPDM) membrane component within the diffuser assemblies in the oxic zones of one (1) aeration basin with a 9-inch membrane diffuser at the Wastewater Treatment Plant. The original membranes were installed in 2012 and require replacement on a seven (7) year cycle. Aeration Basin Grand Island Council Session - 8/25/2020 Page 187 / 239 Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. Construction was completed on budget, for a total cost of $25,295.00, with Public Works Engineering staff cost of $1,730.00 and advertising expense of $103.19, resulting in a total project cost of $27,128.19. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution authorizing the Certificate of Final Completion. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3. Sample Motion Move to approve the Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3. Diffuser Grand Island Council Session - 8/25/2020 Page 188 / 239 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Diffuser Replacement; Project No. 2020-WWTP-3 CITY OF GRAND ISLAND, NEBRASKA August 25, 2019 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Diffuser Replacement; Project No. 2020-WWTP-3 has been fully completed by JCI Industries, Inc. of Lincoln, Nebraska under the contract awarded May 12, 2020. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Base Bid- Item No.Description Total Quantity Unit Unit Price Total Cost 1 9-Inch EPDM Membrane Diffuser Replacement 1.00 LS $ 25,295.00 $ 25,295.00 Total Base Bid Section = $25,295.00 Additional Costs- Grand Island Public Works Department Construction Engineering $1,730.00 Grand Island Independent Advertising $103.19 Total Additional Costs= $1,833.19 Total Project Costs= $27,128.19 I hereby recommend that the Engineer’s Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3 certifying that JCI Industries, Inc. of Lincoln, Nebraska be approved. _________________________________________ _____________________________________ John Collins – City Engineer/Public Works Director Roger G. Steele – Mayor Grand Island Council Session - 8/25/2020 Page 189 / 239 Approved as to Form ¤ ___________ May 9, 2017 ¤ City Attorney R E S O L U T I O N 2020-202 WHEREAS, the City Engineer/Public Works Director issued a Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3 certifying that JCI Industries, Inc. of Lincoln, Nebraska under contract, has completed such for the total amount of $25,295.00; and WHEREAS, with Public Works Engineering staff cost of $1,730.00 and advertising expense of $103.19, resulted in a total project cost of $27,128.19; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Diffuser Replacement; Project No. 2020-WWTP-3 is hereby confirmed for the total amount of $25,295.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 190 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-14 #2020-203 - Approving Award of Proposal for Permitting Software and Implementation Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/25/2020 Page 191 / 239 Council Agenda Memo From:John Collins PE, Public Works Director Meeting:August 25, 2020 Subject:Approving Award of Proposal for Permitting Software and Implementation Presenter(s):John Collins PE, Public Works Director Background The application used by the Public Works Department for permitting and invoicing no longer functions consistently. Over the years this application was not updated as hardware and operating systems were improved. Discussion It is necessary to acquire a new application so that permitting can continue. The specifications awarded under State of Nebraska Contract No. 78128 O4 meet all of the requirements for the Public Works Department permitting system. In addition to the functions of the existing system, the proposed replacement provide a number of benefits, including: Integration with current Tyler Technology Munis Financial Software, eliminating current process of manual invoicing and receipting in various systems o Able to handle permitting and invoicing in same system (have multiple systems currently), which will reduce payment entries and reduce chance for error o Improve reconciliation of invoicing and collection Time efficiencies could be created amongst City departments, as all have the capability of being on the same software and viewing documents o Reduce chances of multiple employees working the same job without knowing it o Improve communication amongst City staff, resulting in a positive experience with the citizen/ contractor o Increase internal transparency within the City Clean up email space, as documents can be stored within the software system o Will improve plan review and allow all reviewers to see all comments Provide a clean history of records (all current records can be transferred) Grand Island Council Session - 8/25/2020 Page 192 / 239 o All documents can be linked to the respective property, which will be easily accessible and found in a consistent location Scheduling, linear process and work flow present a considerable reduction in administrative time spent documenting and tracking o Applications (License Agreement, Right-of-Way, Opening, Sanitary Sewer, Storm Sewer, Public Events/ Street closure, Vacation of Public Easement/Right-of-Way, Oversize/Overweight Load, Liquor License, Code Enforcement cases, Inspection) o Plan Review Water, Sanitary Sewer, Storm Sewer, Paving, Electrical Online mapping and reporting tool which will provide transparency and community interaction Citizen Request portal Collaborate with ESRI/ GIS system o Aerial views and map layers for public infrastructure OpenGov, through Carahsoft Technology Corporation, offers a first year setup fee of $77,851.62, and years 2-5 at $49,438.62. Use of CARES funding is planned for the first year expense, with Public Works budgeting for future year expenses. 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 software permitting system and implementation award to OpenGov, through Carahsoft Technology Corporation of Reston, Virginia. Sample Motion Move to approve the award. Grand Island Council Session - 8/25/2020 Page 193 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-203 WHEREAS, Public Works Department has a failing Access database, which used for permit issuance and monthly invoicing; and WHEREAS, the specifications awarded under State of Nebraska Contract No. 78128 O4 meet all of the requirements for the Public Works Department permitting system; and WHEREAS, purchasing the permitting system from the State Contract Holder meets all statutory bidding requirements; and WHEREAS, the funding for such permitting software will be covered by the CARES act for the first year in the amount of $77,851.62, with years 2-5 budgeted by Public Works in the amount of $49,438.62 annually. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a software permitting system and implementation from OpenGov, through Carahsoft Technology Corporation of Reston, Virginia is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 194 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item G-15 #2020-204 - Approving Keno Satellite Location and Agreement for Full Circle Venue, LLC dba Infinity Lounge, 3333 Ramada Road Staff Contact: RaNae Edwards Grand Island Council Session - 8/25/2020 Page 195 / 239 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:August 25, 2020 Subject:Approving Keno Satellite Location and Agreement for Full Circle Venue, LLC dba Infinity Lounge, 3333 Ramada Road Presenter(s):RaNae Edwards, City Clerk Background An Interlocal Agreement governing County/City keno operations provides that the City shall have the duty to review and approve satellite operations within the City. Fonner Keno, Inc. has previously been licensed to operate keno at Fonner Park as well as other facilities in the City that have been designated as satellite locations for the operation of keno. Discussion Full Circle Venue, LLC dba Infinity Lounge, 3333 Ramada Road has submitted a request for approval of a satellite location at the premises of Infinity Lounge, 3333 Ramada Road. Approval of the Satellite Agreement between Full Circle Venue, LLC and Fonner Keno, Inc. is required along with approval for the satellite location. The Agreement has been reviewed by the Legal and Building Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the request 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 - 8/25/2020 Page 196 / 239 Recommendation City Administration recommends that the Council approve the request for a Keno Satellite Location and Agreement for Full Circle Venue, LLC dba Infinity Lounge, 3333 Ramada Road. Sample Motion Move to approve the request for a Keno Satellite Location and Agreement for Full Circle Venue, LLC dba Infinity Lounge, 3333 Ramada Road. Grand Island Council Session - 8/25/2020 Page 197 / 239 Grand Island Council Session - 8/25/2020 Page 198 / 239 Grand Island Council Session - 8/25/2020 Page 199 / 239 Grand Island Council Session - 8/25/2020 Page 200 / 239 Grand Island Council Session - 8/25/2020 Page 201 / 239 Grand Island Council Session - 8/25/2020 Page 202 / 239 Grand Island Council Session - 8/25/2020 Page 203 / 239 Grand Island Council Session - 8/25/2020 Page 204 / 239 Grand Island Council Session - 8/25/2020 Page 205 / 239 Grand Island Council Session - 8/25/2020 Page 206 / 239 Grand Island Council Session - 8/25/2020 Page 207 / 239 Grand Island Council Session - 8/25/2020 Page 208 / 239 Grand Island Council Session - 8/25/2020 Page 209 / 239 Grand Island Council Session - 8/25/2020 Page 210 / 239 Grand Island Council Session - 8/25/2020 Page 211 / 239 Grand Island Council Session - 8/25/2020 Page 212 / 239 Grand Island Council Session - 8/25/2020 Page 213 / 239 Grand Island Council Session - 8/25/2020 Page 214 / 239 Grand Island Council Session - 8/25/2020 Page 215 / 239 Grand Island Council Session - 8/25/2020 Page 216 / 239 Grand Island Council Session - 8/25/2020 Page 217 / 239 Grand Island Council Session - 8/25/2020 Page 218 / 239 Grand Island Council Session - 8/25/2020 Page 219 / 239 Grand Island Council Session - 8/25/2020 Page 220 / 239 Grand Island Council Session - 8/25/2020 Page 221 / 239 Grand Island Council Session - 8/25/2020 Page 222 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-204 WHEREAS, the County of Hall and the City of Grand Island entered into an Inter-Local Cooperation Agreement to permit the operation of keno within Hall County; and WHEREAS, Fonner Keno, Inc. has previously been licensed to operate keno and certain locations have been designated as satellite locations for the operation of keno; and WHEREAS, the County of Hall has selected an additional satellite location for approval for the operation of keno, such location being the premises at 3333 Ramada Road in Grand Island, Nebraska, operated by Full Circle Venue, LLC dba Infinity Lounge, a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Full Circle Venue, LLC dba Infinity Lounge, a Nebraska corporation, located at 3333 Ramada Road, Grand Island, Nebraska is hereby approved as an additional satellite location for the operation of keno, subject to entering into the proper agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 223 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item I-1 #2020-205 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 25 located at 6060 W. Old Potash Highway (J & L Westward Enterprises) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 8/25/2020 Page 224 / 239 Approved as to Form ¤ ___________ August 20, 2020 ¤ City Attorney R E S O L U T I O N 2020-205 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City and on property located in Hall County at a formerly used defense site which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 25 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: site acquisition. All redevelopment activities will occur at a formerly used defense site in Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 8/25/2020 Page 225 / 239 - 2 - 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 25 in at the Cornhusker Army Ammunition Plant in Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island and Hall County and the CAAP Reuse Plan as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. Grand Island Council Session - 8/25/2020 Page 226 / 239 - 3 - c.The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2020 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/25/2020 Page 227 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item J-1 Approving Payment of Claims for the Period of August 12, 2020 through August 25, 2020 The Claims for the period of July 29, 2020 through August 11, 2020 for a total amount of $6,715,888.91. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 8/25/2020 Page 228 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item S-1 CRA Budget Presentation Staff Contact: Chad Nabity Grand Island Council Session - 8/25/2020 Page 229 / 239 Council Agenda Memo From:Chad Nabity, AICP, Director Meeting:August 25, 2020 Subject:Community Redevelopment Authority 2020-2021 Annual Budget Presenter(s):Chad Nabity, Director It is my privilege to present to you the budget for the Community Redevelopment Authority (CRA) for 2020-2021. This plan and budget continues the high-quality services that have enabled the CRA to partner with the City of Grand Island, private developers and businesses and with property owners in the blighted and substandard areas to make Grand Island vibrant, clean, safe and attractive. The CRA budget for 2020-2021 is offered to you with a review of the responsibilities of the CRA. Those responsibilities and abilities are outlined in State Statutes and are summarized, in part, as follows: The creation of a Redevelopment Authority was authorized by the Nebraska Legislature in order to provide communities with the ability to address certain areas of a city in need of improvement and development. Powers granted to CRAs are outlined in Chapter l8 of the Statutes and include the ability to expend funds to acquire substandard or blighted areas, make public improvements, and assist with development and redevelopment projects in specified areas. The Authority has virtually the same powers as any political subdivision, including borrowing money, issuing bonds, undertaking surveys and appraisals and asking for a levy of taxes. A five-member board, appointed by the Mayor with the approval of the City Council, governs the CRA. The CRA is administered by a Director and devotes the overwhelming share of its resources to highly visible and effective programs. The CRA funds its programs primarily through assessments on taxable properties within the Grand Island city limits. BLIGHTED AND SUBSTANDARD AREAS There are 30 designated Blighted and Substandard Areas within the Grand Island City Limits. The City of Grand Island has the authority to designate up to 35% of the community a blighted and substandard. At present 22.76% of the City has been designated blighted and substandard. Council has approved one blight study during the last year for 31 (Ada and Henry). The proposed study for the Conestoga Mall Area (28) was pulled for consideration by the applicant in December of 2018 and it does not appear Grand Island Council Session - 8/25/2020 Page 230 / 239 there is any traction on that study. Information about all of the Grand Island CRA Areas and TIF Projects that have been approved are available at: https://tinyurl.com/GI-CRA. CRA MISSION The CRA is charged with taking action in specified areas of the community to assist in the prevention and to inhibit physical deterioration (blighted and substandard conditions) thereby enhancing property values and creating incentives for private investment. They do this by encouraging new investment and improved infrastructure in older areas of the community through the use of tax increment financing. They also take an active role in purchasing and demolishing properties that need to be cleared. This property is then made available for redevelopment. FISCAL RESOURCES General Revenues for 2020-2021 The CRA is requesting property tax revenues of $700,008 including $195,805 for Lincoln Pool Construction and Bonds and $504,203 for all other CRA programs. The CRA is requesting the same amount of funding as was approved last year. At this point it is based on the certified valuation for 2020 the levy will be 0.02056 per $100 valuation. The CRA is allowed a levy of up to 0.026. This will allow the CRA to meet obligations, continue with their successful programs, the levies and tax asking have been: 2019- 2020 2018- 2019 2017- 2018 2016- 2017 2015- 2016 2014- 2015 2013- 2014 2012- 2013 0.02056 0.021661 0.0224 0.026 0.026 0.026 0.026 0.026 $700,008 $700,008 $686,000 746,691 $732,050 $691,245 $669,384 $654,437 Program Funding The CRA has the ability to assist private developers and governmental entities with the commercial, residential or mixed-use redevelopment projects throughout the City. Specific detail on projects is as follows: Facade Development: For the façade development program $200,000 has been budgeted, including grants and interest buy down. Last year the CRA funded $220,000 of façade projects and received applications and approved this expenditure for 3 projects. It is anticipated that all three of these projects will be completed and the grants paid prior to the end of September 2020. We currently have 1 project in line for the 2021 fiscal year. No projects will be approved until after the budget is finalized. This program has been used extensively in the Downtown part of Redevelopment Area #1 but has also been used in Areas #2 and #6. It is only available in those areas that have a generalized redevelopment plan including commercial façade development. Grand Island Council Session - 8/25/2020 Page 231 / 239 Husker Harvest Days Commitments: Farm Progress, the City of Grand Island and the CRA entered into an agreement in November of 2017 to facilitate infrastructure improvements at the Husker Harvest Days site. The CRA has committed to transfer $200,000 a year to Farm Progress for 10 years beginning in November of 2018. The City has agreed to transfer $200,000 from the food and beverage tax collections to the CRA in October of each year to cover that payment. Farm Progress made more than $7,500,000 worth of improvements to the site and will continue to hold at least a three day event on the site for the next 20 years or be subject to repayment penalties. This will be extended an additional year per the redevelopment contract due to the fact that Farm Progress is not holding a show during the 2020 year. This is the third of ten scheduled payments. TIF Payments: The largest portion of the CRA Budget is the payments on the TIF Bonds. These payments are funded by the tax increment created by each project. The funds are received from the County Treasurer in the month after the taxes have been paid and the CRA places those funds in a separate account for each project and send payment in the amount received from the treasurer to the bond holder of record. Accounts are set up by the finance department after the first payment is received from the treasurer. It is expected that the CRA will make TIF payments totaling around $4,100,000 on all project. The TIF line item does budget $500,000 to accommodate new projects and the possibility that a project may need to pay off prior to the end of the bond period. There are 66 TIF projects with signed contracts and one project with an approved and unsigned contract (Paramount 9th Street) The CRA paid off the Old Walnut project and the first of Todd Enck’s projects on Blake and Darr. Additional projects will be paid off during the 20-21 tax year including. Other Projects: In the blighted and substandard areas $200,000 has been reserved for other projects. This funding can be assigned to specific projects including but not limited to infrastructure improvements in the blighted and substandard areas that would support larger redevelopment plans. The CRA is assisted in the development of property in northeast Grand Island as part of the Starostka’s Fifth Street project in a manner similar to the Poplar Street project for Habitat for Humanity. A grant of just over $111,000 was approved in August to pay for sewer assessment costs against this property. The CRA purchased a portion of the bonds related to the sanitary sewer improvement district for a portion of the lots being developed by Starostka Contracting LLC. The CRA will be paid back with the TIF on the development of housing in that area. The CRA also granted $3,000 to the Senior Center for landscape improvements along their Third Street entrance. The CRA has used this funding item in the past to fund additional façade improvement projects and to make grants to fund specific projects for: the Business Improvement Districts, the Grand Island Parks Department, Fonner Park, The Central Nebraska Humane Society, St. Stephens, Habitat for Humanity and other community groups for specific projects that meet the mission of the CRA. Grand Island Council Session - 8/25/2020 Page 232 / 239 CONCLUSION This budget provides for measured funding of redevelopment efforts during the 2020- 2021 fiscal year. The investments this community has made in housing, redevelopment efforts, infrastructure and economic development bode well for the future of the community. This budget is reflective of the commitments the CRA has made and will enable them to pay off existing commitments and maintain a cash balance to guarantee payment of future commitments. This budget as submitted is also trying to be responsible to the City and taxpayer during these uncertain times. The budget as requested does not include any increase in expenditures by the CRA and does reflect a lower tax levy. The CRA will also continue to examine the community to identify areas that might benefit from a Blighted and Substandard declaration and to review and recommend approval of redevelopment plan amendments for tax increment financing projects on both large and small scale developments. The CRA is charged with taking action in specified areas of the community to assist in the prevention and to inhibit physical deterioration (blighted and substandard conditions) thereby enhancing property values and creating incentives for private investment. All of the tools used by the CRA are necessary for them to accomplish this mission. Grand Island Council Session - 8/25/2020 Page 233 / 239 2020 2019-2020 2021 BUDGET YE Projected BUDGET CONSOLIDATED Beginning Cash 622,763 622,763 677,632 REVENUE: Property Taxes - CRA 505,779 505,779 504,203 Property Taxes - Lincoln Pool 194,229 194,229 195,805 Property Taxes -TIF's 2,500,000 2,500,000 4,858,000 Loan Income (Poplar Street Water Line)13,000 13,000 20,000 Interest Income - CRA 10,000 10,000 10,000 Land Sales 200,000 39,000 Other Revenue - CRA 300,000 610,000 200,000 Other Revenue - TIF's TOTAL REVENUE 3,723,008 3,872,008 5,788,008 TOTAL RESOURCES 4,345,771 4,494,771 6,465,640 EXPENSES Auditing & Accounting 3,000 3,000 3,000 Legal Services 3,000 500 3,000 Consulting Services 5,000 -5,000 Contract Services 75,000 65,000 75,000 Printing & Binding 1,000 -1,000 Other Professional Services 16,000 200 16,000 General Liability Insurance 250 -250 Postage 200 100 200 Legal Notices 500 250 500 Travel & Training 4,000 -4,000 Other Expenditures --- Office Supplies 1,000 1,000 Supplies 300 200 300 Land 100,000 10,000 30,000 Bond Principal - Lincoln Pool 180,000 180,000 185,000 Bond Interest- Lincoln Pool 14,229 14,229 10,805 Husker Harvest Days Payment (Year 3 of 10 Nov 2020)200,000 200,000 200,000 Façade Improvement 220,000 223,660 200,000 Building Improvement 715,000 450,000 670,000 Other Projects 220,000 170,000 200,000 TIF Payments 2,500,000 2,500,000 4,857,800 TOTAL EXPENSES 4,258,479 3,817,139 6,462,855 INCREASE(DECREASE) IN CASH (535,471)54,869 (674,847) ENDING CASH 87,292 677,632 2,785 COMMUNITY REDEVELOPMENT AUTHORITY 2021 BUDGET Grand Island Council Session - 8/25/2020 Page 234 / 239 Grand Island Council Session - 8/25/2020 Page 235 / 239 Grand Island Council Session - 8/25/2020 Page 236 / 239 City of Grand Island Tuesday, August 25, 2020 Council Session Item S-2 General FY 2020/2021 Budget Discussion Staff Contact: Patrick Brown Grand Island Council Session - 8/25/2020 Page 237 / 239 Working Together for a Better Tomorrow. Today. City Hall ● 100 East First Street ● Box 1968 ● Grand Island, Nebraska 68802-1968 (308)385-8888, Ext. 888 ● FAX: 385-8888 ● Emergency: 385-5000 Memorandum to Electeds, Mayor Steele, and Jerry Janulewicz, City Administrator From: Patrick Brown, Finance Director Date: August 19, 2020 RE: FY2020-2021 Budget Update We are coming to the end of another budget season and wanted to provide an update on the current status of the City’s budget for fiscal year (FY)2021. When we started the budget process back in April we were in the midst of a pandemic. The revenue forecast models of prior years were no longer relevant. Our revenue forecasts for the remainder of FY2020 ranged anywhere from 25% to 50% reduction in sales tax revenues with similar reductions in Fees and Services. The last four months of Sales Tax revenues have been higher than anticipated. May through August Sales Tax receipts (March through June sales) were down 8.6% as compared to the same months last year. 2020 August Sales Tax receipts were only down 1% as compared to August of 2019. Prior to the pandemic, Sales Tax receipts were 13.7% higher than the same period last year. Combine the strong start of the fiscal year along with better than anticipated revenues during the pandemic, forecasted revenues for the FY2020 will be approximately 1.5% or $576k lower than budgeted revenues for FY2020. In turn, Administration instructed Department Directors to reduce their spending because of the uncertain revenue streams. As you know the City temporiarily closed the Library, Golf Course, Heartland Shoot Park, Island Oasis, limited Lincoln Pool attendance, and other various programs were canceled for the year. The Library workforce was reduced by 5.5 FTE’s. Combine the above mentioned closures with reductions in Personnel and Operating costs in the General Fund, the General Fund estimated savings in expenses is $1.5 million for FY2020. For FY2020, the cash reserve percentage is forecasted at 42% with an estimated increase in cash in bank of $1.0 million. Going into the FY2021 budget, the City was forecasting a reduction in Sales Tax revenues of 15% and reductions in Fees & Services as well. Also Department Directors were asked to reduce their operating expenses as well. Several budget models were developed for Administratin and Council to consider prior to latest sales tax report and the consensus was to transfer $250k from the KENO funds to the General Fund, capture an increase of 2.5% for Property Tax, and use cash reserves for the remaining deficit. 5444 161 5565 Grand Island Council Session - 8/25/2020 Page 238 / 239 Working Together for a Better Tomorrow. Today. City Hall ● 100 East First Street ● Box 1968 ● Grand Island, Nebraska 68802-1968 (308)385-8888, Ext. 888 ● FAX: 385-8888 ● Emergency: 385-5000 Due to the anticipated savings from FY2020, the Finance Department along with City Administration is recommending the City lower the City’s mill levy in order to receive the same amount of property tax as it did in FY2020. Property Tax valuations for the tax year 2020 increased 5.42% from $3,231,585,947 to $3,406,720,662 (changed by County 08-19-20). The Finance Department and City Administration also recommends to NOT transfer $250k of KENO funds to the General Fund. The KENO funds would be still be budgeted for unspecified projects for Council’s descretion as long as it’s within the KENO funds allowable expenditures. Sales Tax revenues were initially forecasted for a 15% reduction in FY2021 but has been updated to a reduction of 11%. At the end of FY2021, the estimated cash reserves will be 36.5%. If you have questions regarding the FY2020 or FY2021 budget please do not hesitate to contact me. I would appreciate any feedback sooner rather than later. The budget book will be updated once again and I hope to have the updated budget book on our website no later than Friday and I will also make hard copies available as requested. Best Regards, Patrick Brown Finance Director Grand Island Council Session - 8/25/2020 Page 239 / 239