11-24-2020 City Council Regular Meeting Packet
City of Grand Island
Tuesday, November 24, 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 - 11/24/2020 Page 1 / 299
City of Grand Island Tuesday, November 24, 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 - 11/24/2020 Page 2 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item C-1
Recognition of Don Kruse, Director of Golf, for 43 Years of Service
to the City of Grand Island at Jackrabbit Run Golf Course
The Mayor and City Council will recognize Don Kruse, Director of Golf, for 43 years of service at
Jackrabbit Run Golf Course.
Don has worked at Jackrabbit Run Golf Course since the day it opened on July 1st, 1977. For the first
30 years Don worked as Assistant Golf Professional. He was selected as Director of Golf in March of
2007. Don’s wife, Char, retired from Case IH in 2010 after 37 years to work with Don managing the
golf course snack bar and cooking her famous “char” burgers for hungry golfers. After 43 years they
have provided thousands of lessons, promoting popular golf leagues each summer, and hosting
hundreds of well-organized tournaments. Don and Char will be missed by many at Jackrabbit Run Golf
Course. We want to thank them for their many years of service to the City of Grand Island.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 11/24/2020 Page 3 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item E-1
Public Hearing on Request from Y & N Liquor, LLC dba Y & N
Liquor, 409 N. Broadwell Avenue, Suite #4 for a Class “D” Liquor
License
Council action will take place under Consent Agenda item G-4.
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/24/2020 Page 4 / 299
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 24, 2020
Subject:Public Hearing on Request from Y & N Liquor, LLC dba
Y & N Liquor, 409 N. Broadwell Avenue for a Class “D”
Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Y & N Liquor, LLC dba Y & N Liquor, 409 N. Broadwell Avenue has submitted an
application for a Class “D” Liquor License. A Class “D” Liquor License allows for the
sale of alcohol off sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. See attached Police Department report.
Grand Island Council Session - 11/24/2020 Page 5 / 299
Also submitted was a request for Liquor Manager Designation for Yasser Toruno Garcia,
1522 West 1st Street, Grand Island, Nebraska. Mr. Garcia has completed a state approved
alcohol server/seller training program. Staff recommends approval of the liquor license
contingent upon final inspections and liquor manager designation for Yasser Toruno
Garcia, 1522 West 1st Street, Grand Island, Nebraska.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Y & N Liquor, LLC dba Y & N Liquor, 409 N.
Broadwell Avenue, Suite #4 for a Class “D” Liquor License contingent upon final
inspections and Liquor Manager designation for Yasser Toruno Garcia, 1522 West 1st
Street, Grand Island, Nebraska.
Grand Island Council Session - 11/24/2020 Page 6 / 299
Liquor License Application:Class “D” : Y & N Liquor
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T SBOGGS AVE NRUBY AVECAREY AVEWHITE AVEBAUMANN DROLD LINCOL NHW Y W SO U TH FRO N TSTW
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409 BROADWELL AVE N STE 4
Legend
^_409 BROADWELL AVE N STE 4
Roads
!Licensed Locations1 inch = 474 feet
Grand Island Council Session - 11/24/2020 Page 7 / 299
11/19/20
Grand Island Police Department
Officer Report for Incident L20110694
Nature: Liquor Lic Inv Address: 409 BROADWELL AVE N STE 4
Location: PAON 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 11/18/20
When Reported: 12:49:45 11/10/20 Occurred Between: 12:49:45 11/10/20 and 12:49:45 11/10/20
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
LT03 LT03 Bar/Night Club
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: 12:49:45 11/10/20 Disposition: CLO Date: 11/18/20
Judicial Status: Occurred between: 12:49:45 11/10/20
Misc Entry: and: 12:49:45 11/10/20
Modus Operandi: Description : Method :
Involvements
Date Type Description
11/13/20 Name J&N Liquor, business
Grand Island Council Session - 11/24/2020 Page 8 / 299
Officer Report for Incident L20110694 Page 2 of 6
11/19/20
11/10/20 Name Segura, Nancy R owner/applicant
11/10/20 Name Toruno Garcia, Yasser T owner/applicant
Grand Island Council Session - 11/24/2020 Page 9 / 299
Officer Report for Incident L20110694 Page 3 of 6
11/19/20
Narrative
Liquor License Investigation
Grand Island Police Department
A newly formed business Y&N Liquor LLC, has applied for a Class D, Beer Wine
Distilled Spirits Off Sale Only liquor license.
The business will be located at 409 N Broadwell, suite 4.
_____________________________________________
Responsible LEO:
_____________________________________________
Approved by:
_____________________________________________
Date
Grand Island Council Session - 11/24/2020 Page 10 / 299
Officer Report for Incident L20110694 Page 4 of 6
11/19/20
Supplement
309 Y&N Liquor
Grand Island Police Department
Supplemental Report
Date, Time:11-12-20
Reporting Officer:Sgt Dvorak 309
Unit #:CID
Yasser Toruno Garcia and Nancy Segura, husband and wife, are planning to open a
new liquor store at 409 N Broadwell, Suite 4. This is the corner unit of the
small strip mall style building on the northeast corner of 4th and Broadwell.
The space was most recently inhabited by a restaurant. The proposed business
name is Y&N Liquor. The application is for a Class D Liquor License; beer, wine
and distilled spirits, offsale only.
I noted on the application forms that Yasser disclosed a couple moving
violations, all traffic infractions. Nancy disclosed one motor vehicle accident,
and indicated no moving violations associated.
I checked Yasser and Nancy through both Spillman and NCJIS. I found nothing
noteworthy in Spillman (local) records, and found that both subjects have valid
Nebraska drivers licenses. I found that neither of them have any outstanding
criminal warrants for their arrest. I also checked Yasser and Nancy through a
paid Law Enforcement Only database, which tends to provide mostly identifying
information and details of any involved civil issues. I noticed that Nancy had
several civil judgements in the past (6), but the last one was listed in 2012
and there were no current judgements or bankruptcies.
No other concerns were located, however Since Yasser was born in Cuba, I
contacted an ICE representative of Homeland Security, who verified Yasser's
immigration status.
On 11-12-20, at 1300, I met with NSP Investigator Jeromy McCoy at the business.
Nancy and Yasser were accommodating and prepared. Yasser advised that while he
understands English, he does not speak the language very well, so Nancy acted as
translator.
The couple advised that they formed an LLC to open the business, with each of
them owning 50%. They said they have already invested over $5,000 of their own
money, and that was before purchasing inventory. They entered into a lease
agreement for $900 per month, and are using 5 Points Bank for any additional
funding requirements. Yasser said they will purchase 3 cooler units, the entire
inventory, and a security system prior to opening the business to the public.
McCoy covered Commission concerns and questions. Both subjects advised they have
no prior liquor sales experience, but are taking the training classes online.
Nancy said she plans to keep working her permanent job, while Yasser will work
full time at the business. At first, the couple advised, they do not plan to
hire any additional employees. Nancy said she will keep the books and pay the
bills, as well as assist in working hours at the store.
Yasser said their plan is to be open seven days a week. He said the business
hours will be Monday-Thursday 1000am to 1100pm. Friday and Saturday 1000am to
0100am, and Sunday noon to 1100pm.
Grand Island Council Session - 11/24/2020 Page 11 / 299
Officer Report for Incident L20110694 Page 5 of 6
11/19/20
The couple advised they have no current outstanding civil actions against them,
and do not have any undisclosed violations or convictions. I discussed security
system issues they should consider, and McCoy explained the various violations
that could arise without proper management. Both Yasser and Nancy advised they
understood.
The Grand Island Police Department has no objections to Yasser Toruno Garcia and
Nancy Segura, as owners of Y&N Liquor, receiving a Class D liquoor license to
serve beer, wine and distilled spirits as off sale only.
Grand Island Council Session - 11/24/2020 Page 12 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item E-2
Public Hearing on Acquisition of Public Access Easement in King’s
Crossing Subdivision (Parcel No. 400149117- Grand Island Hotel,
LLC)
Council action will take place under Consent Agenda item G-12.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 13 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Public Hearing on Acquisition of Public Access
Easement in King’s Crossing Subdivision (Parcel No.
400149117- Grand Island Hotel, LLC)
Presenter(s):John Collins PE, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
be conducted with the acquisition approved by the City Council. The easement will allow
for public access to the recently developed and area yet to be developed, south of US
Highway 34 and west of S Locust Street.
Discussion
This easement will provide legal public access to a lot that was proposed to be split,
without such there will be no legal access to the public right-of-way within the King’s
Crossing Subdivision. There is no cost to the City for such acquisition.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the public access easement in King’s Crossing Subdivision.
Sample Motion
Move to approve the acquisition of the public access easement.
Grand Island Council Session - 11/24/2020 Page 14 / 299
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
P.O.B.
AN ACCESS EASEMENT CONSISTING OF PART OF LOT 1 OF KING'S CROSSING SUBDIVISION IN THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY
(R.O.W.) LINE OF HIGHWAY 34, THE NORTHEAST CORNER OF LOT 3 OF SAID KING'S CROSSING SUBDIVISION AND
THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N89°47'28"E ALONG A NORTHERLY LINE OF
SAID LOT 1 A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID KING'S CROSSING
SUBDIVISION; THENCE S00°12'32"E ALONG AN EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 95.45 FEET TO A
EASTERLY CORNER OF SAID LOT, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE AROUND A CURVE IN
A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 75.00, A DELTA ANGLE OF 65°02'42", AN ARC LENGTH
OF 85.14 FEET AND A CHORD BEARING S32°43'53"E FOR A DISTANCE OF 80.64 FEET TO A EASTERLY CORNER OF
SAID LOT 1; THENCE S29°23'27"W ALONG AND EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 53.19 FEET TO A
EASTERLY CORNER OF SAID LOT 1; THENCE N63°26'05"W A DISTANCE OF 75.14 FEET TO A WESTERLY CORNER OF
SAID LOT 1; THENCE N00°12'32"W ALONG A WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 175.85 FEET TO THE
POINT OF BEGINNING. SAID ACCESS EASEMENT CONTAINS 11,578 SQUARE FEET OR 0.27 ACRES MORE OR LESS.
HIGHWAY 34
ACCESS EASEMENT DESCRIPTION
EASEMENT LINE
ACCESS EASEMENT AREA
EXISTING PROPERTY LINE
ACCESS EASEMENT
Grand Island Council Session - 11/24/2020 Page 15 / 299
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City of Grand Island
Tuesday, November 24, 2020
Council Session
Item E-3
Public Hearing on Acquisition of Public Right-of-Way for Capital
Avenue Drainage Improvements- North Road to Moores Creek;
Project No. 2020-D-2 (Irvine- Parcel No. 400149524; North of
Capital Avenue, East of North Road)
Council action will take place under Consent Agenda item G-16.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 17 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Public Hearing on Acquisition of Public Right-of-Way
for Capital Avenue Drainage Improvements- North Road
to Moores Creek; Project No. 2020-D-2 (Parcel No.
400149524- Irvine North of Capital Avenue, East of
North Road)
Presenter(s):John Collins PE, Public Works Director
Background
The Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No.
2020-D-2 is for drainage improvements associated with the paving improvement project
known as Capital Avenue- Moores Creek Drainway to North Road Roadway
Improvements; Project No. 2020-P-1 The Engineering Division of the Public Works
Department is proposing a concrete curb and gutter roadway section with associated
sidewalk, traffic control, drainage and all other related improvements needed to complete
the project.
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 the drainage improvements along Capital
Avenue from North Road to Moores Creek (see attached sketch).
Property Owner Legal Description Amount
Pamela S. Irvine
and
Robin R. Irvine
A TRACT OF LAND LOCATED IN THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION 1, TOWNSHIP 11
NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF
THE SOUTHWEST QUARTER (SW 1/4) OF SEC. 1,
T11N, R10W, THENCE ON AN ASSUMED BEARING OF
N89°52'56"W ALONG THE SOUTH LINE OF SAID SEC.
$57,500.00
Grand Island Council Session - 11/24/2020 Page 18 / 299
1, A DISTANCE OF 110.00 FEET; THENCE N00°31'57"W
A DISTANCE OF 58.00 FEET TO THE POINT OF
INTERSECTION OF THE NORTH RIGHT-OF-WAY
LINE OF CAPITAL AVENUE AND THE WEST LINE OF
CITY OF GRAND ISLAND DRAINAGE RIGHT-OF-
WAY, INSTRUMENT #84005216, ALSO BEING THE
POINT OF BEGINNING; THENCE N89°53'10"W ALONG
SAID NORTH RIGHT-OF-WAY LINE OF CAPITAL
AVENUE, LINE ALSO BEING THE NORTH LINE OF
INSTRUMENT #87104372, A DISTANCE OF 2126.85
FEET TO THE SOUTHEAST CORNER OF LOT 1,
PRIMROSE SUBDIVISION; THENCE N00°29'56"W
ALONG THE EAST LINE OF SAID LOT 1, PRIMROSE
SUBDIVISION, A DISTANCE OF 47.14 FEET; THENCE
S89°52'56"E A DISTANCE OF 2126.83 FEET TO A
POINT ON THE WEST LINE OF SAID INSTRUMENT
#84005216; THENCE S00°31'57"E ALONG SAID WEST
LINE, A DISTANCE OF 47.00 FEET TO A POINT OF
BEGINNING. SAID TRACT CONTAINS 2.30 ACRES
MORE OR LESS.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve acquisition of the necessary
public right-of-way.
Sample Motion
Move to approve the acquisition of the necessary public right-of-way.
Grand Island Council Session - 11/24/2020 Page 19 / 299
020-0583PROJECT NO:
DRAWN BY:
11.18.2020DATE:
LS
EXHIBIT
RIGHT OF WAY TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
SITE LOCATION
SEC. 1 T11N-R10W
RIGHT-OF-WAY DESCRIPTION
CAPITAL AVENUE
P.O.B.
Grand Island Council Session - 11/24/2020 Page 20 / 299
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City of Grand Island
Tuesday, November 24, 2020
Council Session
Item E-4
Public Hearing on Acquisition of Public Easement for Old Potash
Highway Roadway Improvements; Project No. 2019-P-1 (HMS
Enterprises, Inc.- 3333 W Old Potash Highway)
Council action will take place under Consent Agenda item G-18.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 22 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Public Hearing on Acquisition of Public Easement for
Old Potash Highway Roadway Improvements; Project
No. 2019-P-1 (HMS Enterprises, Inc. - 3333 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.
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 easements are 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 - 11/24/2020 Page 23 / 299
Property Owner Legal Description Amount
HMS Enterprises, Inc.
A PERMANENT ACCESS EASEMENT LOCATED IN
PART OF LOT 2, ANTONSON SECOND SUBDIVISION,
GRAND ISLAND, HALL COUNTY, NEBRASKA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 8000 FEET OF THE EAST 20.00 FEET OF
SAID LOT 2. SAID PERMANENT ACCESS EASEMENT
CONTAINS 1600 SQ FT MORE OR LESS.
AND
A PERMANENT UTILITY EASEMENT LOCATED IN
PART OF LOT 2, ANTONSON SECOND SUBDIVISION,
IN THE CITY OF GRAND ISLAND, NEBRASKA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF THE WEST 10.00 FEET OF
SAID LOT 2. SAID PERMANENT EASEMENT
CONTAINS 100 SQ FT MORE OR LESS.
$4,250.00
TOTAL= $4,250.00
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.
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City of Grand Island
Tuesday, November 24, 2020
Council Session
Item E-5
Public Hearing on Acquisition of Public Right-of-Way for Old
Potash Highway Roadway Improvements; Project No. 2019-P-1
(USCOC Nebraska/Kansas, LLC- 3560 Kaufman Avenue)
Council action will take place under Consent Agenda item G-20.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 27 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Public Hearing on Acquisition of Public Right-of-Way for Old
Potash Highway Roadway Improvements; Project No. 2019-P-
1 (USCOC Nebraska/Kansas, LLC- 3560 Kaufman 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.
Grand Island Council Session - 11/24/2020 Page 28 / 299
Property Owner Legal Description Amount
USCOC
Nebraska/Kansas,
LLC
A TRACT OF LAND LOCATED IN LOT 5, COMMONWEALTH
BUSINESS PARK THIRD SUBDIVISION, AN ADDITION TO THE
CITY OF GRAND ISLAND, NEBRASKA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 5,
COMMONWEALTH BUSINESS PARK THIRD SUBDIVISION, AN
ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA;
THENCE ON AN ASSUMED BEARING OF N01o32’13”W ALONG
THE WEST LINE OF SAID LOT 5, A DISTANCE OF 21.41 FEET;
THENCE N81o25’22”E A DISTANCE OF 41.04 FEET TO A POINT
OF CURVATURE; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECITON HAVING A DELTA ANGLE OF
6o46’20”, A RADIUS OF 780.00 FEET, A CHORD BEARING OF
N84o48’32”E, A CHORD DISTANCE OF 92.14, AN ARCH LENGTH
OF 92.20 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT
5, POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE
OF KAUFMAN AVENUE, POINT ALSO BEING A POINT OF
CURVATURE; THENCE ALONG THE SOUTH LINE OF SAID LOT
5, LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF
SAID KAUFMAN AVENUE, AROUND A CURVE IN A COUNTER-
CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF
29o20’48”, A RADIUS OF 269.56 FEET, A CHORD BEARING OF
S74o46’31”W WITH A CHORD DISTANCE OF 136.56 FEET, AN
ARCH LENGTH OF 138.07 FEET; TO A POINT OF BEGINNING.
SAID TRACT CONTAINS 815 SQ FT.
$2,450.00
Total= $2,450.00
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 the public right-of-way from the affected property owner, in the total amount of
$2,450.00.
Sample Motion
Move to approve the acquisition.
Grand Island Council Session - 11/24/2020 Page 29 / 299
Grand Island Council Session - 11/24/2020 Page 30 / 299
Grand Island Council Session - 11/24/2020 Page 31 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item F-1
#9795 - Consideration of Approving Annexation of Property
Located at 4127 West Husker Highway – Leaman Acres
Subdivision (Final Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 11/24/2020 Page 32 / 299
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 24, 2020
Subject:An Ordinance to include Leaman Acres Subdivision as
an Addition to the City of Grand Island, Nebraska and
the adjoining right-of -way
Presenter(s):Chad Nabity, AICP Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that any and all property subdivided adjacent to the Corporate Limits of the City of
Grand Island be annexed into the City at the time of subdivision approval.
Michael T. Leaman and Ralisa E. Leaman husband and wife, as owners of the property
submitted a plat of Leaman Acres Subdivision an Addition to the City of Grand Island.
The Hall County Regional Planning Commission recommended approval of the
subdivision at their meeting October 7, 2020.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117. Annexation ordinances must be read on three separate occasions. This is
the final reading of the ordinance. This ordinance includes exhibits showing the property
to be considered for annexation and the legal descriptions of that property.
Annexation of this property will not result in the extension of the Grand Island Zoning
Jurisdiction.
Three residential lots would be added to the City as a result of this annexation. This
property is located south of Husker Highway and east of Graham Avenue.
Grand Island Council Session - 11/24/2020 Page 33 / 299
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on final reading.
Grand Island Council Session - 11/24/2020 Page 34 / 299
Grand Island Council Session - 11/24/2020 Page 35 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9795
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Leaman Acres
Subdivision and all adjoining right-of-way in Hall County, Nebraska as more particularly
described hereinafter and as shown on the subdivision plat and more particularly described in
Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or
resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form;
and to provide the effective date of this ordinance.
WHEREAS, after Michael T. Leaman and Ralisa E. Leaman., as owners of the property
submitted a plat of Leaman Acres Subdivision an Addition to the City of Grand Island for
approval; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island requires that owners of property proposed for subdivision
adjacent to the Corporate Limits submit such subdivisions as additions to the City; and
Grand Island Council Session - 11/24/2020 Page 36 / 299
ORDINANCE NO. 9795 (Cont.)
- 2 -
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
WHEREAS, on October 27, 2020 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on November 10,
2020 approved such annexation on second reading and on November 24, 2020 approved such
annexation on third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
Grand Island Council Session - 11/24/2020 Page 37 / 299
ORDINANCE NO. 9795 (Cont.)
- 3 -
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Grand Island Council Session - 11/24/2020 Page 38 / 299
ORDINANCE NO. 9795 (Cont.)
- 4 -
Enacted: November 24, 2020
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 39 / 299
ORDINANCE NO. 9795 (Cont.)
- 5 -
Exhibit A
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NORTHWEST ¼ OF THE NORTHEAST
¼ OF SECTION 35, TOWNSHIP 11 NORTH, RANGE 10 WEST, OF THE 6TH
P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST ¼
OF THE NORTHEAST ¼ OF SECTION 35 (NORTH ¼ CORNER) THENCE
S89°41’01”E (ASSUMED BEARING) ON THE NORTH LINE OF SAID
NORTHWEST ¼ OF THE NORTHEAST ¼ A DISTANCE OF 943.57 FEET,
THENCE S00°18’02”W A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUING S00°18’02”W ON THE EAST LINE OF
BLOCK 2 FIRESIDE ESTATES SUBDIVISION AND THE EAST LINE OF BLOCK
2 FIRESIDE ESTATES SECOND SUBDIVISION A DISTANCE OF 1279.89 FEET
TO THE SOUTHEAST CORNER OF SAID BLOCK 2 FIRESIDE ESTATES
SECOND SUBDIVISION AND ALSO BEING THE NORTHWEST CORNER OF
LOT 20 WESTROADS ESTATES THIRD SUBDIVISION, THENCE S89°24’08”E
ON THE NORTH LINE OF SAID WESTROADS ESTATES THIRD SUBDIVISION
A DISTANCE OF 334.94 FEET, THENCE N00°39’26”E ON A LINE PARALLEL
WITH AND 33.00 FEET WEST OF THE EAST LINE OF SAID NORTHWEST ¼
OF THE NORTHEAST ¼ A DISTANCE OF 1281.55 FEET TO THE SOUTH
RIGHT OF WAY LINE OF HUSKER HIGHWAY, THENCE N89°41’01”W ON
SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 342.91 FEET TO THE
POINT OF BEGINNING, CONTAINING 9.96 ACRES MORE OR LESS.
Grand Island Council Session - 11/24/2020 Page 40 / 299
ORDINANCE NO. 9795 (Cont.)
- 6 -
Grand Island Council Session - 11/24/2020 Page 41 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item F-2
#9804 - Consideration of Approving City Code Amendments to
Chapter 15, Electricity Adoption of the 2020 National Electrical
Code
Staff Contact: Craig Lewis
Grand Island Council Session - 11/24/2020 Page 42 / 299
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:November 24, 2020
Subject:City Code Amendments to Chapter 15, Electricity
Adoptions of the 2020 National Electrical Code
Presenter(s):Craig Lewis, Building Department Director
Background
This request is for City Council approval to modify the City Code by adopting the 2020
edition of the National Electric Code. The City has for several decades adopted and
enforced electrical codes to safeguard persons and property from the hazards arising from
the use of electricity. The 2020 National Electric Code (NEC) is the current edition of the
national standard for the installation of electrical wiring systems. Typically the State of
Nebraska adopts the current edition of the NEC and requires local inspection programs to
adopt and enforce the current regulations as part of the State approval of local programs.
Discussion
The proposed amendment to chapter 15 of the Grand Island City code will adopt the
current edition of the National Electric Code. The City’s electrical board has reviewed the
2020 NEC and recommends approval with the local amendments as outlined in the
proposed ordinance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the ordinance.
2.Disapprove or / Deny the adoption of the ordinance.
3.Modify the ordinance to meet the wishes of the Council
4.Table the issue
Grand Island Council Session - 11/24/2020 Page 43 / 299
Recommendation
The City Electrical Board and City Staff recommends that the City Council approve
adopting the 2020 NEC, with the local amendments and begin enforcement on January 1,
2021.
Sample Motion
Move to approve.
Grand Island Council Session - 11/24/2020 Page 44 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
ORDINANCE NO. 9804
An ordinance to amend Chapter 15 of the Grand Island City code; to amend
Sections 15-2, 15-3, 15-5, 15-6, 15-8, 15-11, and 15-14; to clarify and/or make general
corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sections 15-2, 15-3, 15-5, 15-6, 15-8, 15-11, and 15-14 of the Grand Island City
Code Chapter 15 are amended to read as follows:
§15-2. National Electrical Code Adopted
(A) There is hereby adopted by the City of Grand Island for the purpose of safeguarding persons and
buildings from hazards arising from the use of electricity for light, heat, power, radio, signaling, and other purposes,
that certain code known as the National Electrical Code, 2017 2020 Edition, recommended by the National Fire
Protection Association, except as modified by this section.
(B) The National Electrical Code is modified by deleting Article 210-52C Subsection 2 and 3 .(a), Articles
320 and 330 are amended by §15-3 of the Grand Island City Code.
(C) One copy of the National Electrical Code, 2017 2020 Edition, shall be on file in the City Clerk's office
for public use and inspection as provided by law.
§15-3. Amendments to National Electrical Code, 2017 2020 Edition
The following sections are adopted as amendments to the same numbered sections of the National Electrical Code
2017 2020 Edition:
Article 210.11(C)(3) Shall be limited to two bathrooms.
Article 320 – Armored cable (type AC)
Anti- short bushings shall be used.
Article 330 - Metal-Clad Cable (Type MC)
Anti- short bushings shall be used.
§15-5. Installation of Service Conductors
All electrical service conductors shall be installed according to the National Electrical Code with the
following additional requirements. The point of entrance in all cases shall be determined by the Grand Island
Utilities Department:
Overhead Service
The service mast must be Rigid or Intermediate metal conduit. Where the service mast is used for the sole support
of the service drop, the minimum size shall be two-inch intermediate or galvanized rigid metal conduit. The service
mast shall be continuous with no interruptions. The point of attachment shall be a minimum height of twelve (12)
feet.
Underground Service
Grand Island Council Session - 11/24/2020 Page 45 / 299
ORDINANCE NO. 9804 (Cont.)
- 2 -
The service conductors shall be installed in a continuous approved conduit system from the service head,
transformer or secondary tap box to the main meter socket or service disconnect. The first ten feet of conduit out of
the ground attaching to a utility pole shall be schedule 40 G.R.C. conduit.
§15-6. Service Entrances
Each service entrance with 2,000 amperes capacity or less shall be provided with a readily accessible main
disconnecting device with appropriate overcurrent protection; provided, each service entrance larger than
2,000 amperes capacity shall comply with the provisions of the National Electric Code. The device shall
disconnect all ungrounded conductors from the source of supply in one motion or operation of the hand.
For overhead services, said overcurrent protection shall be installed within twenty-five (25) feet from the
weatherhead, and within ten (10) feet from where the conductors enter the building. For underground
services, said overcurrent protection shall be installed within ten (10) feet from where the conductors enter
the building, and within 25’ of where the conduit emerges from grade.
(A) Provisions for Metering. The meter socket shall be the “ring type” meter socket for 200 amp
services and below. Meter sockets shall be mounted on the outside of a principal building with the
centerline located between five (5) and six (6) feet above finished grade. With prior approval given by the
Utilities Department and Building Department, meter sockets may be located on UL listed pedestals,
accessory buildings greater than 625 square feet constructed on perimeter foundations extended below frost
depth, or alternate locations approved by the Departments. Additional provisions for metering can be found
in the Metering Standards set out by the Grand Island Utilities Department.
(B) Single family switches shall be grouped to disconnect them with one motion of the hand.
(C) Multiple Family Units. New multiple family units constructed in compliance with Chapter 8
of the Grand Island Code may be allowed up to 6 switches, one switch per unit. All switches shall be
grouped together in one listed and approved assembly.
(D) Number of Services. One electrical service shall be provided for each tract or parcel of land,
except upon written request and approval by the Utilities Director and Building Department Director,
and/or their respective designee, and in conformance with this Code.
(E) Electric Meter Location. The electric meter shall be located on the property that it is
supplying power to, unless prior approval by the Utilities Department and Building Department.
(F) Meter Tampering. Pursuant to Nebraska Revised Statute 25-21,275, tampering or bypassing
a meter is strictly prohibited and will result in immediate disconnection.
(G) Grade Changes. The property owner shall be responsible for any repairs or modifications to
City owned equipment damaged or deemed unsafe due to grade changes, settlement or erosion.
Amended by Ordinance No. 9712, effective 11-13-2018
§15-8. Wiring In Single and Multiple-Family Units
(A) Multiple family units may have branch circuits in individual units wired with nonmetallic sheathed
cable if construction complies with Chapter 8 of the Grand Island City Code.
(B) Existing residential buildings containing more than six family units not having a two-hour fire wall
rating separation as provided in Chapter 8 of the Grand Island City Code shall not be wired with nonmetallic cable.
(C) No wiring in basements below the floor joist on exterior walls shall be wired with unprotected
nonmetallic cable.
(D) Smoke alarms shall be installed to comply with Section R314 of the 2015 2018 International
Residential Code.
(E) Carbon monoxide alarms shall be installed to comply with Section R315 of the 2015 2018
International Residential Code.
§15-11. Requirements for Electrical Installations
(A) Aluminum Conductors – aluminum conductors may be used for service entrance and feeders only.
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ORDINANCE NO. 9804 (Cont.)
- 3 -
(B) Equipment grounding conductors – an equipment grounding conductor will be required in all conduit
systems except for rigid metal conduit systems with threaded hubs, couplings or fittings.
(C) CSST gas piping shall be bonded to comply with section 1312.2 of the 2015 Uniform Mechanical
Code.
(D) (C) Non-grounding receptacles shall not be installed, either in new work or for replacement, after
December 31, 2014.
§15-14. Permit for Work; Required
No electrical wiring work, unless excepted in this section, shall be undertaken prior to the issuance of a
permit therefor by the Building Department. Such permit shall be issued only to a registered contracting electrician.
No permit shall be required for minor repair work such as repairing flush and snap switches, replacing
fuses, changing lamp sockets and receptacles, taping bare wires and joints, and repairing drop cords replacing a
switch.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are,
repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its passage and
publication pursuant to law beginning January 1, 2021.
Enacted: November 24, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 47 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item F-3
#9805 - Consideration of Approving City Code Amendments to
Chapter 18, Adoption of the 2018 Edition of the Uniform
Mechanical Codes
Staff Contact: Craig Lewis
Grand Island Council Session - 11/24/2020 Page 48 / 299
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:November 24, 2020
Subject:Amending Chapter 18 of the Grand Island City Code, to
Adopt the 2018 Edition of the Uniform Mechanical
Codes
Presenter(s):Craig Lewis, Building Department Director
Background
The City of Grand Island has adopted and enforced mechanical regulations for several
years. Currently the 2015 Edition of the Uniform Mechanical Code is adopted to provide
minimum standards for the protection of the public health, safety, and welfare in regard
to mechanical installations and facilities. This proposal is to amend the City Code to
adopt the latest edition of the Uniform Mechanical Code, that being the 2018 edition.
Discussion
The City generally adopts published model codes on a three to six year cycle as model
codes are published and revised every three years. This edition and adoption is intended
to keep Grand Island current with the latest model codes.
These modifications have been before the Grand Island Mechanical Board and received
their approval and endorsement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the ordinance.
2.Disapprove or Deny the ordinance.
3.Modify the ordinance to meet the wishes of the Council
4.Table the issue
Grand Island Council Session - 11/24/2020 Page 49 / 299
Recommendation
City Administration recommends that the Council approve the ordinance to adopt the
2018 Uniform Mechanical Code and modify chapter 18 of the City Code.
Sample Motion
Move to approve amending Chapter 18 of the City Code.
Grand Island Council Session - 11/24/2020 Page 50 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
ORDINANCE NO. 9805
An ordinance to amend Chapter 18 of the Grand Island City code; to amend
Sections 18-5, 18-6, 18-9, 18-10, 18-41, 18-49, and 18-64; to clarify and/or make general
corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sections 18-5, 18-6, 18-9, 18-10, 18-41, 18-49, and 18-64 of the Grand Island
City Code Chapter 18 are amended to read as follows:
§18-5. Uniform Mechanical Code Adopted
The Uniform Mechanical Code, 2015 2018 Edition, published by the International Association of Plumbing
and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments
thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by
ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Mechanical Code,
2015 2018 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as
provided by law.
The following appendices shall be adopted along with the Uniform Mechanical Code adopted by this section:
1.Appendix C- Installation and Testing of Oil (Liquid) Fuel-Fired Equipment.
2.Appendix E- Sustainable Practices
3.Appendix F- Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design
4.Appendix G- Example Calculation of Outdoor Air Rate
§18-6. UMC - Certain Sections not Adopted
It is especially provided that the following chapters, sections, and tables of the Uniform Mechanical Code
are not adopted or approved, and the same shall be of no force and effect:
1. 1 Table 104.5 Mechanical Permit Fees.
2. Sections 1203.2 Dual Purpose Water Heater, 1207.3 Dual-Purpose Water Heaters, 1207.3.1 Temperature
Limitations and Table 1203.2 Water Heaters.
3. Chapter 11- Refrigeration.
4.Chapter 14- Process Piping.
5.Chapter 16- Stationary Power Plants.
6.Appendix A- Residential Plan Examiner Review Form for HVAC System Design.
7.Appendix B- Procedures to be Followed to Place Gas Equipment in Operation.
8.Appendix D- Fuel Supply: Manufactured/Mobile Home Parks and Recreational Vehicle Parks.
Grand Island Council Session - 11/24/2020 Page 51 / 299
ORDINANCE NO. 9805 (Cont.)
- 2 -
9.Section 806.0 Certificate of Acceptance Forms of Appendix E- Sustainable Practice.
10.Section 603.10.1 Duct Leakage Test.
§18-9. UMC - Amendment of Subsection 112.1-104.0
Subsection 112.1 of the Uniform Mechanical Code is hereby amended to include the following:
112.1 104.1. Permits Required.
It shall be unlawful for any person, firm or corporation to make any installation, alteration or repair any
mechanical system regulated by this Code except as permitted in Subsections 112.2 of this section, or cause
the same to be done without first obtaining a permit to do such work from the Grand Island Building
Department.
(A) A permit is required for the installation or replacement of all fuel burning heating equipment, and water
heaters together with all chimneys, vents and their connectors.
(B) A permit is required for the installation, repair, or alteration of all fuel gas piping in or in connection
with any building or structure or within the property lines of any premises, other than service pipe.
A permit is required for the installation or replacement of all warm-air furnaces and heating systems
including all chimneys, vents, and their connectors.
(C) No Commercial Hoods and Kitchen Ventilation equipment shall be installed without a permit.
(D) A separate permit shall be obtained for each building or structure.
No person shall allow any other person to do or cause to be done any work under a permit secured by a
permittee except persons in his or her employ.
(E) A permit is required for the repair, replacement, or installation of a gas piping.
(F) No permit shall be issued to any person to do or cause to be done any work regulated by this Code,
except to a person holding a valid unexpired and unrevoked mechanical license as required by this
chapter, except when and as otherwise hereinafter provided in this section.
(G) Any permit by this code may be issued to do any work regulated by this code in a single family
dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in
connection with such buildings in the event that such person is the bona fide owner of any such dwelling
and accessory buildings and quarters, and that the same are currently occupied by said owner, provided,
that said owner shall personally purchase all material and shall personally perform all labor in connection
therein. This, however, shall exclude all gas piping and venting of fuel combustion appliances.
§18-10. UMC - Amendment of Subsection 115.2-104.5
Subsection 115.2 of the Uniform Mechanical Code is hereby amended to read as follows:
115.2 104.5 Fees.
The fee for each permit identified in this chapter shall be set forth in accordance with the City of Grand Island
Fee Schedule.
§18-11. Reserved
§18-41. Certificate; Revocation
The Board may revoke any certificate of registration of any mechanical contractor after hearing by the
Board for any of the following reasons:
The city council by a majority vote shall have the power to revoke any certificate of registration of any
mechanical contractor, upon the recommendation of the Mechanical Board for any of the following reasons:
(1) Lack of competency or lack of knowledge in matters relevant to the certificate of registration;
(2) Certificate of registration being obtained by fraud;
Grand Island Council Session - 11/24/2020 Page 52 / 299
ORDINANCE NO. 9805 (Cont.)
- 3 -
(3) The lending of any certificate of registration or the obtaining of permits there under for any other person;
(4) Failure to comply with this Code and any rules issued by the chief building official or Board;
(5) Abandonment of any contract or undertaking without good cause or fraudulent departure from plans or
specifications;
(6) Failure to obtain or cause to be obtained permits when the same are required by this code.
The chief building official shall serve notice of such action by registered mail to the holder of the certificate.
§18-49. License; Revocation
The city council Mechanical Board by a majority vote shall have the power to revoke the license of any
journeyman mechanical fitter or master mechanical fitter upon the recommendation of the Board, if the license was
obtained through error or fraud, or if the recipient thereof is shown to be grossly incompetent, or has a second time
willfully violated any of the provisions of this article or any other provisions of City of Grand Island Code related to
gas piping, Heating, Venting, Air Conditioning systems (HVAC) or mechanical work. This penalty shall be
cumulative and in addition to the penalties prescribed for the violation of the provisions of this article.
Before a license may be revoked, the licensee shall have notice in writing, enumerating the charges alleged,
and shall be entitled to a hearing before the city council Mechanical Board not sooner than five days from receipt of
the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right
of cross-examination. All testimony before the city council Mechanical Board shall be given under oath. The city
council Mechanical Board shall have power to administer oaths, issue subpoenas, and compel the attendance of
witnesses. The decision of the city council Mechanical Board shall be based upon the evidence produced at the
hearing, and such decision shall be final. A person whose license has been revoked shall not be permitted to reapply
for another such license within one year from the date of such revocation.
§18-64. Revocation; Re-Registration
The mayor and council by a majority vote shall have the power to revoke any mechanical contractor or
master mechanical fitter's certificate or registration upon the recommendation of the chief building official and
examining board for mechanical fitters if the same was obtained through error or fraud or if the recipient thereof is
shown to be grossly incompetent or has willfully violated any of the provisions of this article or the mechanical
code of the City a second time. This penalty shall be cumulative and in addition to the penalties prescribed for the
violation of the provisions of this article. If a certificate of registration be is revoked, the holder of the same shall not
apply for registration until one year from the date of such revocation.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are,
repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its passage and
publication pursuant to law beginning January 1, 2021.
Grand Island Council Session - 11/24/2020 Page 53 / 299
ORDINANCE NO. 9805 (Cont.)
- 4 -
Enacted: November 24, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 54 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item F-4
#9806 - Consideration of Approving City Code Amendments to
Chapter 26, Adoption of the 2018 Uniform Plumbing Code
Staff Contact: Craig Lewis
Grand Island Council Session - 11/24/2020 Page 55 / 299
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:November 24, 2020
Subject:Amending Chapter 26 of the Grand Island City Code to
Adopt the 2018 Uniform Plumbing Code
Presenter(s):Craig Lewis, Building Department Director
Background
The City of Grand Island has adopted and enforced plumbing regulations for several
decades. Currently the 2015 Edition of the Uniform Plumbing Code is adopted to provide
minimum standards for the protection of the public health, safety, and welfare in regard
to plumbing installations and facilities. This proposal is to amend the City code to adopt
the latest edition of the Uniform Plumbing Code, that being the 2018 Edition.
Discussion
The City generally adopts published model codes on a three to six year cycle as model
codes are published and revised every three years. This edition and adoption is intended
to keep Grand Island current with the latest model plumbing code.
Major revisions to Chapter 26 include;
26-1 Adoption of the 2018 Uniform Plumbing Code.
26-45.2 Plumbing Board revocation of license with Council appeal.
26-45.3 Plumber license to Apprentice ratio.
26-47 Continuing Education.
These modifications have been before the Grand Island Plumbing Board and received
their approval and endorsement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the ordinance.
2.Disapprove or Deny the ordinance.
3.Modify the ordinance to meet the wishes of the Council
4.Table the issue
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Recommendation
City Administration recommends that the Council approve the ordinance to adopt the
2018 Uniform Plumbing Code and modify Chapter 26 of the City Code.
Sample Motion
Move to approve amending Chapter 26 of the City Code.
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Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
ORDINANCE NO. 9806
An ordinance to amend Chapter 26 of the Grand Island City Code; to amend sections 26-
1; 26-2; sections 26-5 through 26-11; sections 26-13 through 26-15; 26-17; 26-18; 26-26; 26-28;
26-34; 26-40; sections 26-43; through 26-50; to make general corrections to various code
sections; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA;
SECTION 1. 26-1; 26-2; sections 26-5 through 26-11; sections 26-13 through 26-15; 26-17; 26-
18; 26-26; 26-28; 26-34; 26-40; sections 26-43; through 26-50; of the Grand Island City Code
are hereby amended to read as follows:
CHAPTER 26
PLUMBING
Article I. Uniform Plumbing Code
§26-1. Uniform Plumbing Code Adopted
The Uniform Plumbing Code, 2015 2018 Edition, published by the International
Association of Plumbing and Mechanical Officials, is hereby adopted, together with Appendices
as set forth hereafter, and any amendments thereto as may be made from time to time, except
such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this
chapter of the Grand Island City Code. One copy of the Uniform Plumbing Code, 2015 2018
Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as
provided by law.
The following appendices shall be used with the Uniform Plumbing Code adopted by this
section:
1. Appendix A – Recommended Rules for Sizing the Water Supply System.
2. Appendix B – Explanatory Notes on Combination Waste and Vent Systems.
3. Appendix C – Alternative Plumbing Systems
4. Appendix D – Sizing Storm Water Drainage Systems
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§26-2. UPC - Certain Sections not Adopted
It is especially provided that the following chapters, sections, and tables of the Uniform
Plumbing Code are not adopted or approved, and the same shall be of no force and effect:
1. Table 104.5 - Plumbing Permit Fees.
2. Section 612.0 – Residential Fire Sprinkler Systems.
3. Chapter 13 – Health Care Facilities and Medical Gas and Medical Vacuum Systems.
4. Chapter 15 – Alternative Water Sources for Nonpotable Applications.
5. Chapter 16 – Nonpotable Rainwater Catchment Systems.
6. Appendix E – Manufacture/Mobile Home Parks and Recreational Vehicle Parks.
7. Appendix F – Firefighter Breathing Air Replenishment Systems
8. Appendix G – Sizing of Venting Systems
9. Appendix H – Private Sewage Disposal Systems.
10. Appendix I –Installation standards.
11. Appendix J – Combination of Indoor and Outdoor Combustion and Ventilation Opening
Design
12. Appendix K – Potable Rainwater Catchment Systems
13. Appendix L – Sustainable Practices
14. Appendix M – Peak Water Demand Calculator
§26-6. §26-5. UPC – Amendment of Subsection 103.1.3 103.3.1 Licensing
Subsection 103.1.3 of the Uniform Plumbing Code is hereby amended to include the following:
(A)No permit shall be issued to any person to do or cause to be done any work regulated by this
Code, except to a person holding a valid unexpired and unrevoked plumbing license as required by
this chapter, except when and as otherwise hereinafter provided in this section.
(B)No person shall allow any other person to do or cause to be done any work under a permit
secured by a permittee except persons in his or her employ.
(C)No person or concern who has obtained a plumber's license pursuant to this article, shall allow his or
her name to be used by another person or concern, either for the purpose of obtaining permits, or for
doing business or work under such registration or license. Every person licensed pursuant to this
section shall notify the Board of any change of street address.
(D) (B) A permit may be issued to a properly licensed person not acting in violation of any current
contractor licensing law.
(E) (C) Any permit by this code may be issued to do any work regulated by this code in a single family
dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in
connection with such buildings in the event that such person is the bona fide owner of any such
dwelling and accessory buildings and quarters, and that the same are currently occupied by said
owner, provided, that said owner shall personally purchase all material and shall personally perform
all labor in connection therein. This, however, shall exclude all gas piping and venting of fuel
combustion appliances.
§26-5. §26-6. UPC - Amendment of Subsection 103.1.1 104.1
Subsection 103.1.1 104.1 of the Uniform Plumbing Code is hereby amended to include the
following:
103.1.1. 104.1 Permits Required.
It shall be unlawful for any person, firm or corporation to make any installation, alteration or
repair any plumbing system regulated by this Code except as permitted in Subsections
103.1.2 of this section, or cause the same to be done without first obtaining a permit to do
such work from the Grand Island Building Department.
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ORDINANCE NO. 9806 (Cont.)
3
(A) A permit is required for the installation or replacement of all fuel burning and other
water heaters, heating potable water, together with all chimneys, vents and their connectors.
(B) A permit is required for the installation, repair, or alteration of all fuel gas piping in or
in connection with any building or structure or within the property lines of any premises,
other than service pipe.
(C) No device shall be installed for the prevention of backflow or back-siphonage, or be
removed from use, or relocated, or other device substituted without a permit.
A permit is required for lawn irrigation systems.
(D) No water treating or conditioning equipment shall be installed without a permit.
(E) A permit and inspection are required when repairing, replacing, or installing a sewer
lateral, sewer tap, or sewer cap within five (5) feet of the City main, and when repairing or
replacing fifty (50) percent or more of the sewer lateral. Any repair, replacement, or
installation of a new sewer tap shall be done in compliance with the Grand Island City Code,
Chapter 30, Articles IV and V.
(F) A permit is required for the repair, replacement, or installation of a water service. A
Plumbing Inspection Fee will be assessed on all water meter installations and replacements.
(G) A separate permit shall be obtained for each building or structure.
No person shall allow any other person to do or cause to be done any work under a permit
secured by a permittee except persons in his or her employ.
§26-7. UPC - Amendment of Subsection 103.4.1 104.5
Subsection 103.4.1 104.5 of the Uniform Plumbing Code is hereby amended to read as follows:
103.4.1 104.5 Permit Fees.
The fee for each permit identified in this chapter shall be set forth in accordance with the
City of Grand Island Fee Schedule.
§26-8. UPC - Amendment of Subsection 310.1 Reserved
Subsection 310.1 of the Uniform Plumbing Code is hereby amended to include the following:
Workmanlike shall mean executed in a skilled manner; e.g. generally plumb, level, square, in
line, undamaged, and without marring adjacent work.
§26-9. UPC - Amendment of Subsection 313.11 312.2
Subsection 313.11 312.2 of the Uniform Plumbing Code is hereby amended to include the
following:
Cutting, notching and boring of floor joists and studs shall comply with Table 26-3-1, which
is attached and adopted herein.
§26-10. UPC – Amendment of Subsection 604.1
Subsection 604.1 of the Uniform Plumbing Code is hereby amended to delete the use of
CPVC, and include the following:
Cross linked polyethylene water tubing may be used as water distribution systems inside
buildings. All installers of the Pex PEX systems must hold a certificate of training from the
manufacturer.
§26-10.1 UPC – Amendment of Table 604.1
Table 604.1 of the Uniform Plumbing code is hereby amended to delete the use of CPVC.
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ORDINANCE NO. 9806 (Cont.)
4
§26-11. UPC - Amendment of Subsection 604.2 604.3 Exception:
Subsection 604.2 604.3 Exception: of the Uniform Plumbing Code is hereby amended to read as
follows:
Copper tube for water piping shall have a weight of not less than Type L, except that Type
M copper tubing may be used for water piping when piping is above ground in a building.
Copper tube for underground water piping within a building shall have a weight of not less
than Type L. Copper tube for underground water service piping shall have a weight of not
less than Type K.
§26-11.1 UPC – Subsection 605.2 CPVC Plastic Pipe and Joints, Deleted
Subsection 605.2 CPVC Plastic Pipe and Joints is deleted from the UPC.
§26-11.2 UPC – Subsection 605.3 CPVC/AL/CPVC Plastic Pipe and Joints, Deleted
Subsection 605.3 CPVC/AL/CPVC Plastic Pipe and Joints is deleted from the UPC.
§26-13. UPC - Amendment of Subsection 608.5 Reserved
Subsection 608.5 of the Uniform Plumbing Code is hereby amended to delete the use of
CPVC.
§26-14. UPC - Amendment of Section 717.0 Subsection 717.1
Section 717.0 of the Uniform Plumbing Code is hereby amended to read as follows:
717.0 Size of Building Sewers
Subsection 717.1 of the Uniform Plumbing code is hereby amended to read as follows:
717.1 General. The minimum size of any a building sewer shall be determined on the basis of
the total number of fixture units drained by such sewer, in accordance with Table 7-8 717.1.
No building sewer shall be smaller than the building drain and in no case less than four (4)
inches.
For alternate methods of sizing building sewers, see Appendix C.
§26-15. UPC - Amendment of Subsection 722.1
Subsection 722.1 of the Uniform Plumbing Code is hereby amended to read as follows:
722.1 Building (House) Sewer. Every abandoned building (house) sewer or part thereof shall
be plugged or capped in an approved manner at the city main.
§26-17. UPC - Amendment of Chapter 14 Section 1211 Electrical Bonding and Grounding.
1211.0 Electrical Bonding and Grounding.
1211.1 Pipe and Tubing other than CSST. Each aboveground portion of a gas piping
system other than CSST that is likely to become energized shall be electrically
continuous and bonded to an effective ground-fault current path. Gas piping, other than
CSST, shall be considered to be bonded where it is connected to appliances that are
connected to the appliance grounding conductor of the circuit supplying that appliance.
[NFPA 54:7.13.1]
1211.2 Bonding of CSST Gas Piping. CSST gas piping systems, and gas piping
systems containing one or more segments of CSST, shall be bonded to the electrical
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ORDINANCE NO. 9806 (Cont.)
5
service grounding electrode system or, where provided, lightning protection grounding
electrode system. [NFPA 54:7.13.2]
1211.2.1 Bonding Jumper Connection. The bonding jumper shall connect to a
metallic pipe, pipe fitting, or CSST fitting. [NFPA 54:7.13.2.1]
1211.2.2 Bonding Jumper Size. The bonding jumper shall not be smaller than 6
AWG copper wire or equivalent. [NFPA 54:7.13.2.2]
1211.2.3 Bonding Jumper Length. The length of the jumper between the
connection to the gas piping system and the grounding electrode system shall not
exceed 75 feet (22 875 mm). Any additional electrodes shall be bonded to the
electrical service grounding electrode system or, where provided, lightning
protection grounding electrode system. [NFPA 54:7.13.2.3]
1211.2.4 Bonding Connections. Bonding connections shall be in accordance
with NFPA 70. [NFPA 54:7/13/2/4]
1211.2.5 Devices Used for Bonding. Devices used for the bonding connection
shall be listed for the application in accordance with UL 467. [NFPA
54:7/13/2/5]
1211.3 Prohibited Use. Gas piping shall not be used as a grounding conductor
or electrode. [NFPA 54:7.13.3]
1211.4 Lightning Protection System. Where a lightning protection system is
installed, the bonding of the gas piping shall be in accordance with NFPA 780.
[NFPA 54:7.13.4]
1211.5 Electrical Circuits. Electrical circuits shall not utilize gas piping or
components as conductors.
Exception: Low-voltage (50V or less) control circuits, ignition circuits, and
electronic flame detection device circuits shall be permitted to make use of piping
or components as a part of an electric circuit. [NFPA 54:7.14]
1211.6 Electrical Connections. All electrical connections between the wiring
and electrically operated control devices in a piping system shall conform to the
requirements of NFPA 70. [NFPA 54:7.15.1]
1211.6.1 Safety Control. Any essential safety control depending on electric
current as the operating medium shall be of a type that will shut off (fail safe) the
flow of gas in the event of current failure. [NFPA 54:7.15.2]
1211.0 Electrical Bonding and Grounding.
1211.1 Pipe and Tubing Other than CSST. Each aboveground portion of a gas piping
system, other than CSST, that is likely to become energized shall be electrically
continuous and bonded to an effective ground-fault current path. Gas piping, other than
CSST, shall be considered to be bonded when it is connected to appliances that are
connected to the appliance grounding conductor of the circuit supplying that appliance.
[NFPA 54:7.12.1]
1211.2 Bonding of CSST Gas Piping. CSST gas piping systems, and gas piping
systems containing one or more segments of CSST, shall be electrically continuous and
bonded to the electrical service grounding electrode system or, where provided, lightning
protection grounding electrode system. [NFPA 54:7.12.2]
1211.2.1 Bonding Jumper Connection. The bonding jumper shall connect to a
metallic pipe, pipe fitting, or CSST fitting. [NFPA 54;7.12.2.1]
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ORDINANCE NO. 9806 (Cont.)
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1211.2.2 Bonding Jumper Size. The bonding jumper shall not be smaller than 6
AWG copper wire or equivalent. [NFPA 54:7.12.2.2]
1211.2.3 Bonding Jumper Length. The length of the jumper between the
connection to the gas piping system and the grounding electrode system shall not
exceed 75 feet (22,860 mm). Any additional grounding electrodes installed to
meet this requirement shall be bonded to the electrical service grounding
electrode system or, where provided, lightning protection grounding electrode
system. [NFPA 54.7.12.2.3]
1211.2.4 Bonding Connections. Bonding connections shall be in accordance
with NFPA 70. [NFPA 54:7.12.2.4]
1211.2.5 Devices Used for Bonding. Devices used for the bonding connection
shall be listed for the application in accordance with UL 467. [NFPA 54:7.12.2.5]
1211.3 Arc-Resistant Jacketed CSST. CSST listed with an arc resistant jacket or
coating system in accordance with CSA LC 1 shall be electrically continuous and bonded
to an effective ground fault current path. Where any CSST component of a piping system
does not have an arc-resistant jacket or coating system, the bonding requirements of
Section 1211.2 shall apply. Arc-resistant jacketed CSST shall be considered to be
bonded when it is connected to appliances that are connected to the appliance grounding
conductor of the circuit supplying that appliance. [NFPA 54.7.12.3]
1211.4 Prohibited Use. Gas piping shall not be used as a grounding conductor or
electrode. [NFPA 54:7.12.4]
1211.5 Lighting Protection System. Where a lightning protection system is installed,
the bonding of the gas piping shall be in accordance with NFPA 780. [NFPA 54:7.12.5]
1211.6 Electrical Circuits. Electrical circuits shall not utilize gas piping or components
as conductors.
Exception: Low-voltage (50 V or less) control circuits, ignition circuits, and electronic
flame detection device circuits shall be permitted to make use of piping or components as
part of an electric circuit. [NFPA 54.7.13]
1211.7 Electrical Connections. All electrical connections between wiring and
electrically operated control devices in a piping system shall conform to the requirements
of NFPA 70. [NFPA 54:7.14.1]
1211.7.1 Safety Control. Any essential safety control depending on electric
current as the operating medium shall be of a type that shuts off (fail safe) the
flow of gas in the event of current failure. [NFPA 54:7.14.2]
§26-18. UPC - Amendment of Chapter 14 Appendix A
Chapter 14 of the Uniform Plumbing Code is hereby amended to including the following:
Sewer Tap Saddle Model DFW-4T
Manufacturer DFW/HPI, Troup, TX
Appendix A of the Uniform Plumbing code is hereby amended to delete Table A
104.4(2) and Table A 104.4(3).
§26-19. Reserved
§26-20. Reserved
§26-21. Reserved
§26-22. Reserved
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ORDINANCE NO. 9806 (Cont.)
7
§26-23. Reserved
§26-24. Reserved
§26-25. Reserved
§26-26. Established; Appointment; Term
There is hereby established a Plumbers Examining Board, hereinafter referred to as the
Board, to consist of seven members. The chief building official, or his/her designee, shall be an
ex-officio member of the Board and shall act as secretary thereof. One member shall represent
the board of health, one member shall be a contracting master plumber, one member shall
represent the general public, and three members shall be either master or journeyman plumbers.
Each member of the board shall have had at least three years’ experience in his or her respective
field.
The members of the Board shall be appointed by the mayor. Upon expiration of the terms
of the individuals currently serving on the Board, the mayor shall appoint three (3) members to
serve for one (1) year and three (3) members to serve for two (2) years. Thereafter, each member
shall serve a term of two (2) years.
§26-28. Duties; Examinations; Licenses
The Board shall establish standards and procedures for the qualification, examination and
licensing of master plumbers and journeyman plumbers, and shall issue an appropriate license to
each person who meets the qualifications therefore and successfully passes the examination
given by the Board.
The Board shall establish written standards and procedures for the approval of all
continuing education requirements as set forth in §26-47.
§26-34. General Rules
(1) All plumbing apprentices actively engaged under a the supervision of a contracting
master plumber will be required to register with the City Building Department. Experience
accrued towards taking the journeyman plumbers test will only be accepted as a registered
apprentice. Time accrued previous to registration will be approved and noted.
(2) Time required for an apprentice to be actively engaged in the trade under the supervision
of a contracting master plumber journeyman, or qualified shop will be a minimum of three years.
Proof of qualifications will be submitted to the Board in writing for consideration and approval
for the journeyman examination. Any academical time to be considered by the Board in place of
actual apprenticeship time in the trade must be from a State accredited college or Technical
school.
(3) Applicants must hold a journeyman license for a minimum of four years before taking
the Master exam, and be actively engaged in the trade under the supervision of a contracting
master plumber for the full four years. Proof of qualifications will be submitted to the Board in
writing for consideration and approval for the master examination.
(4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age
unless approved by the Board.
(5) The allotted time for the Master and Journeyman examination will be four hours.
(6) Request for Master and Journeyman examination will be filed in the City of Grand Island
Building Department Office prior to the examination date for the consideration of the Board.
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ORDINANCE NO. 9806 (Cont.)
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Examination fee will be paid with the application. No exam fee will be refunded after taking the
examination.
(7) All applicants will submit, along with their request for examination, letters of proof of the
required apprenticeship time actively engaged in the trade.
(8) In the event that an applicant fails to pass the examination given, he may make
application for a subsequent exam after eighty-five (85) days have passed.
(9) At the discretion of the Board, experience gained at an industrial plant or outside the
Grand Island jurisdiction may be considered as apprenticeship time to qualify for a Journeyman
examination. Information considered by the Board shall include written proof of previous
experience record and oral examination.
(10) All examination papers are the property of the examining Board. Applicants will not be
permitted to remain during grading or to review examination papers after they have been
submitted for grading. Test results will be sent by mail.
(11) Applicant must obtain a passing score on the exam. A passing score for a Journeyman
Plumber is 70% and for a Master Plumber is 80%.
(12) An applicant with a passing score will have a 30 day grace period to pick up a new
license dated from the test date.
(13) An applicant must supply his own copy of this Code; the Grand Island Building
Department will not supply copies to anyone during the test. Photocopies, reference books, or
any other reference materials will not be allowed in the testing area during the test.
§26-40. Certificate; Revocation
The Board City Council may revoke any certificate of registration of any contracting
plumber after hearing by, and recommendation of the Board for any of the following reasons:
(1) Lack of competency or lack of knowledge in matters relevant to the certificate of
registration;
(2) Certificate of registration being obtained by fraud;
(3) The lending of any certificate of registration or the obtaining of permits thereunder for
any other person;
(4) Failure to comply with this Code and any rules issued by the chief building official or
Board;
(5) Abandonment of any contract or undertaking without good cause or fraudulent departure
from plans or specifications;
(6) Failure to obtain or cause to be obtained permits when the same are required by §26-6.
(7) Failure to complete the continuing education contact hours as required by §26-47.
The chief building official shall serve notice of such action by registered mail to the holder of the
certificate.
Division 3. Master and Journeymen Plumbers, and Apprentice Plumbers
§26-43. Examinations; Fee; Exemptions Reserved
Any person desiring to be licensed as a master plumber or as a journeyman plumber
pursuant to this chapter shall make written application for an examination to the Board.
Examination fees shall be in accordance with the City of Grand Island Fee Schedule.
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Examination fees shall accompany such application and shall be accounted for and turned
over to the City Treasurer. Examination fees are not returned but shall be forfeited in the event
the applicant fails the examination.
§26-44. Examinations; Prior Experience Master Plumber, Journeyman Plumber, Apprentice
Plumber, Defined:
An applicant for examination must have worked under the supervision of a licensed
contracting master plumber for a minimum period of three years before being eligible to take a
journeyman plumber examination. An applicant for examination must have been actively
engaged in the plumbing trade for a minimum period of four years after being licensed as a
journeyman plumber before being eligible to take a master plumber examination.
§26-44.1 Master Plumber
A Master Plumber shall mean a person who is registered with the Grand Island Building
Department and has completed all experience requirements as a journeyman plumber and has
passed a master level plumber’s examination. A Master Plumber has the necessary
qualifications, training, experience, and technical knowledge to properly plan, layout, install,
alter and repair plumbing systems or parts thereof in accordance with the standards, rules, and
regulations established by the Grand Island Plumbing Board. A practicing Master Plumber must
be an employee of a registered Contracting Master Plumber and work under a Contracting
Master Plumber’s supervision.
§26-44.2 Journeyman Plumber
A Journeyman Plumber shall mean a person who is registered with the Grand Island
Building Department and who has completed their apprenticeship under the supervision of a
Contracting Master Plumber. A Journeyman Plumber has passed a journeyman level plumbing
examination and has a working knowledge and application of the skills required to be employed
as a plumber in accordance with the standards, rules, and regulations established by the Grand
Island Plumbing Board. A practicing Journeyman Plumber must be an employee of a registered
Contracting Master Plumber and work under a Contracting master Plumber’s supervision.
§26-44.3 Apprentice Plumber
An Apprentice Plumber is an entry-level plumber who is registered with the Grand Island
Building Department and is working under the direct supervision of a licensed Journeyman
Plumber or Master Plumber and is an employee of a registered Contracting Master Plumber.
§26-45. Re-Examination Licenses;
Any person desiring to become a master plumber or a journeyman plumber who fails to
pass an examination pursuant to this chapter as prescribed by the Board may make written
application for a subsequent examination 85 days after taking the examination.
§26-45.1 License; Term, renewal; fees
(1)All licenses issued by the Grand Island Plumbing Board pursuant to this article shall expire
on December 31 of the year in which issued, but may be renewed within thirty days thereafter
upon application and payment of fees. Any license holder who does not renew his or her
license in this manner, the holder may shall apply for and qualify to recover the lapsed license
by passing an examination as required under the provisions of §26-43 §26-46.
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(2)All licensees shall be required to complete six contact hours of continuing education by
December 31 of each year as required under the provisions of §26-47, and may renew such
license upon presentation of documentary evidence of successful completion on a form
furnished by the Grand Island Plumbing Board and payment of the fee for renewal. The
licensee shall have the responsibility for record keeping and providing proof of attendance at
continuing education courses.
Penalty for falsifying continuing education requirements will be immediate forfeiture of
license. First offense, offender will be eligible to make application for the next available
exam. Second offence will be a one year suspension of license and then undergo a review by
the plumbing board for re-examination eligibility.
(3)(2) Fees for the renewal of a license shall be in accordance with the City of Grand Island Fee
Schedule.
§26-45.2 License; Revocation
The city council plumbing board by a majority vote shall have the power to revoke the
license of any journeyman plumber or master plumber upon the recommendation of the Board, if
the license was obtained through error or fraud, or failure to complete annual continuing
education requirements, or if the recipient thereof is shown to be grossly incompetent, or has a
second time willfully violated any of the provisions of this article or any other provisions of City
of Grand Island Code related to plumbers. This penalty shall be cumulative and in addition to the
penalties prescribed for the violation of the provisions of this article.
Before a license may be revoked, the licensee shall have notice in writing, enumerating
the charges alleged, and shall be entitled to a hearing before the city council plumbing board not
sooner than five days from receipt of the notice. The licensee shall be given an opportunity to
present testimony, oral or written, and shall have the right of cross-examination. All testimony
before the city council plumbing board shall be given under oath. The city council plumbing
board shall have power to administer oaths, issue subpoenas, and compel the attendance of
witnesses. The decision of the city council plumbing board shall be based upon the evidence
produced at the hearing, and such decision shall be final. A person whose license has been
revoked shall not be permitted to reapply for another such license within one year from the date
of such revocation.
The licensee shall have the right to appeal a decision of the Grand Island Plumbing Board
to the Grand Island City Council.
§26-45.3 Plumber License to Apprentice Ratios
A licensed contracting master plumber, master plumber, or journeyman plumber must be
present and directly supervise all work performed by an apprentice plumber. A licensed plumber
shall supervise no more than three apprentice plumbers at a job site at one time. More than three
apprentice plumbers may work at the same job site at the same time as long as the ratio of
licensed plumber(s) never falls below one licensed plumber for every three apprentices.
§26-45.4 Temporary Journeyman Plumber’s License
The chief building official may issue a temporary journeyman plumber's license pending
examination; provided, that the applicant therefore holds a similar license from an equivalent
board. Such permit shall be valid until the next examination by the Board.
§26-46. Licenses; Term; Renewal; Fees Examinations
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(1) All licenses issued by the Board pursuant to this article shall expire on December 31
of the year in which issued, but may be renewed within thirty days thereafter upon application
and payment of fees in accordance with the City of Grand Island Fee Schedule. Any license
holder who does not renew his license within this thirty-day grace period shall automatically
forfeit such license. In the event of forfeiture of a license in this manner, the holder may apply
for and qualify to recover the lapsed license by passing an examination as required under the
provisions of §26-43 above.
(2) The annual fee for master and journeyman plumbers shall be in accordance with the
City of Grand Island Fee Schedule.
§26-46.1 Examinations; Fee; Exemptions
Any person desiring to be licensed as a master plumber or as a journeyman plumber
pursuant to this chapter shall make written application for an examination to the Board.
Examination fees shall be in accordance with the City of Grand Island Fee Schedule.
Examination fees shall accompany such application and shall be accounted for and turned
over to the City Treasurer. Examination fees are not returned but shall be forfeited in the event
the applicant fails the examination.
§26-46.2 Prior Experience
An applicant for examination must have worked under the supervision of a licensed
contracting master plumber for a minimum period of three years before being eligible to take a
journeyman plumber examination. An applicant for examination must have been actively
engaged in the plumbing trade for a minimum period of four years after being licensed as a
journeyman plumber before being eligible to take a master plumber examination.
§26-46.3 Re-examination
Any person desiring to become a master plumber or a journeyman plumber who fails to
pass an examination pursuant to this chapter as prescribed by the Board may make written
application for a subsequent examination 85 days after taking the examination.
§26-47. License; Revocation Continuing Education
The city council by a majority vote shall have the power to revoke the license of any
journeyman plumber or master plumber upon the recommendation of the Board, if the license
was obtained through error or fraud, or if the recipient thereof is shown to be grossly
incompetent, or has a second time willfully violated any of the provisions of this article or any
other provisions of City of Grand Island Code related to plumbers. This penalty shall be
cumulative and in addition to the penalties prescribed for the violation of the provisions of this
article.
Before a license may be revoked, the licensee shall have notice in writing, enumerating
the charges alleged, and shall be entitled to a hearing before the city council not sooner than five
days from receipt of the notice. The licensee shall be given an opportunity to present testimony,
oral or written, and shall have the right of cross-examination. All testimony before the city
council shall be given under oath. The city council shall have power to administer oaths, issue
subpoenas, and compel the attendance of witnesses. The decision of the city council shall be
based upon the evidence produced at the hearing, and such decision shall be final. A person
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ORDINANCE NO. 9806 (Cont.)
12
whose license has been revoked shall not be permitted to reapply for another such license within
one year from the date of such revocation.
§26-47.1 Continuing Education Hour Requirements.
All Journeyman Plumbers, Master Plumbers, and Contracting Master Plumbers
are required to complete a total of 6 hours of continuing education annually. The 6 hours
shall include 4 hours of principle instruction and 2 hour of code instruction, as defined
below.
Principle instruction hours means subjects that directly relate to the
performance of plumbing services. Examples of such subjects include, but are not
limited to, the design, installation, servicing, troubleshooting, and skills training for
Plumbing Fixtures, Water Heaters & Boilers, Water Piping Systems, DWV Systems, and
Gas Piping Systems.
Code instruction hours means subjects that directly relate to regulations
governing plumbing services. Examples of such subjects include, but not be limited to;
the Uniform Plumbing Code, written and published by IAPMO, the Nebraska American
Disabilities Act, and NFPA 54.
§26-47.2 Journeyman Plumber Exam Credit.
Apprentices who pass the Journeyman Plumber License Examination will be
exempt from any continuing education requirement for the calendar year in which the
passing score is obtained.
§26-47.3 Master Plumber Exam Credit.
Journeyman Plumbers who pass the Master Plumber Examination will be exempt
from any continuing education requirement for the calendar year in which the passing
score is obtained.
§26-48. Temporary Journeyman Plumber's License Reserved
The chief building official may issue a temporary journeyman plumber's license pending
examination; provided, that the applicant therefore holds a similar license from an equivalent
board. Such permit shall be valid until the next examination by the Board.
§26-49. Use of Licensee's Name by Another Reserved
No person or concern who has obtained a plumber's license pursuant to this article, shall
allow his or her name to be used by another person or concern, either for the purpose of
obtaining permits, or for doing business or work under such registration or license. Every person
licensed pursuant to this section shall notify the Board of any change of street address.
§26-50. Renewal of License Reserved
Any person licensed under the provisions of this article as a master plumber or a
journeyman, who does not renew his license for a period of thirty days after the expiration of
same, shall pay the examination fee required by this article, and shall submit himself to an
examination by the Board for plumbers before such person can be again licensed hereunder.
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ORDINANCE NO. 9806 (Cont.)
13
SECTION 2. Sections 26-1; 26-2; sections 26-5 through 26-11; sections 26-13 through 26-15;
26-17; 26-18; 26-26; 26-28; 26-34; 26-40; sections 26-43; through 26-50; as now existing, and
any ordinances or parts of ordinances in conflict herewith are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this
ordinance shall not affect the validity or enforceability of any other section, subsection, sentence,
clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and after its passage and
publication on January 1, 2021 as provided by law.
Enacted: November 24, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 70 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item F-5
#9807 – Consideration of Approving City Code Addition of
Chapter 41, Health - Prevention of COVID-19
Staff Contact: Jerry Janulewicz
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Council Agenda Memo
From:Jerry Janulewicz, City Administrator
Meeting:November 24, 2020
Subject:Adoption of Ordinance Regarding Prevention of COVID-19
Presenter(s):Jerry Janulewicz, City Administrator
Background
Teresa Anderson, Director of the Central District Health Department, is recommending
that the City of Grand Island adopt an ordinance to require facial coverings as a means to
prevent or retard the spread of COVID-19. Ms. Anderson’s letter to council is attached to
this memo for background information.
The ordinance prepared for council consideration closely resembles the ordinance
enacted by the City of Kearney on November 16, 2020 and the ordinance scheduled for
consideration on November 23, 2020 by the City Council for the City of Hastings. In
both cases, enactment was recommended or will be recommended by each city’s Board
of Health. The City of Grand Island has not established a Board of Health as authorized
by Nebraska Statute §16-238. Therefore, a special meeting of the City Council will be
scheduled for Monday, November 23, 2020 to consider enactment of an ordinance
establishing the City Board of Health.
It is anticipated that the Board of Health, if established, will meet prior to Council’s
November 24, 2020 meeting to consider the provisions of this ordinance and make
recommendations to the City Council concerning the same. By state statute, the
membership of the Board of Health consists of the following: “The mayor, who shall be
chairperson, a physician, who shall be medical adviser, the chief of police, who shall be
secretary and quarantine officer, the president of the city council, and one other member.”
Discussion
The attached letter from Teresa Anderson contains considerable discussion concerning
the need for action due the increasing numbers of COVID-19 infections in the
community and the resulting demands upon hospital capacity. Additionally, the following
is submitted for council’s consideration:
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1)exposure to COVID-19 presents a risk of death or serious long-term disability; the
exposure is widespread and poses significant risk of harm, including death, to people
in the general population of the City of Grand Island; there is a particular subset of
the population that is more vulnerable to the threat and thus at an increased risk; and
the threat is from a novel infectious disease; and
2)information from the World Health Organization, the United States Centers for
Disease Control and Prevention (CDC), Nebraska Department of Health and Human
Services, the Central District Health Department, local public health departments
throughout Nebraska, and members of the City of Grand Island and Hall County
medical community indicates that citizens of the City of Grand Island have been and
will continue to be exposed due to community transmissions of COVID-19; and
3)the manner in which the spread of COVID-19 cases in the City of Grand Island has
occurred creates an unacceptable risk to the health, safety, and welfare of the citizens
of the City of Grand Island; and
4)the number of COVID-19 infections within the City of Grand Island continues to
increase; and
5)COVID-19 constitutes a public nuisance and a threat to the health, safety, and welfare
of the City of Grand Island; and
6)the CDC, doctors and infectious disease experts from the University of Nebraska
Medical Center and Nebraska Medicine have concluded that the wearing of face
coverings by every individual while in public is one of the best methods to slow and
stop the spread of COVID-19; and
7)the wearing of face coverings by every individual while indoors in public places in
the City of Grand Island will reduce community transmissions of COVID-19,
resulting in fewer deaths, serious health complications, and will ease the strain on
hospitals and other medical offices and facilities; and
8)the wearing of face coverings by every individual while indoors in public places in
the City of Grand Island will help keep businesses open and operating, encouraging
economic growth, and preventing prolonged economic harm.
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 - 11/24/2020 Page 73 / 299
Recommendation
Administration recommends that Council approve Ordinance #9807.
Sample Motion
Move to approve Ordinance #9807.
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Grand Island Council Session - 11/24/2020 Page 76 / 299
Approved as to Form ¤ ___________
November 19, 2020 ¤ City Attorney
ORDINANCE # 9807
An emergency ordinance pursuant to the authority of the City of Grand Island to pass
ordinances and make regulations to serve the general health of the city, prescribe rules for the
prevention, abatement, and removal of nuisances as well as the authority to make such
regulations as to prevent the introduction and spread of contagious, infectious or malignant
diseases in the city of Grand Island pursuant to Neb. Rev. Stat. §§16-238, 16-240 and 16-246; to
add Chapter 2, Article VIII, Sections 2-64 through 2-75 to the official city code entitled
"Prevention of COVID-19"; to clarify and/or make general corrections to various code sections,
to repeal any ordinances and resolutions or parts thereof in conflict herewith; and to provide for
publication and the effective date of the ordinance.
.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. According to the Director of the Central District Health Department, both the
number of cases and the number of hospitalizations in the Central District are rapidly increasing.
Hospitals in Central Nebraska are very close to capacity. Patients who under normal
circumstances would be cared for in Intensive Care Units (ICU’s) are being managed in medical
surgical units because there are either no beds or no staff in ICU's or anywhere to transfer them.
For the week ending October 17, 2020, the Central District Health Department area averaged 324
new cases/ 100,000 persons. The week ending November 14, 2020, saw that average increase to
774 new cases/ 100,000 persons, more than doubling the rate of new cases. As of November 17,
2020, just over 50% of hospitalizations in the Central District are COVID-19 related.
Hospitalizations have nearly doubled since November 1, 2020 when there were 28 inpatients,
and as of November 17, 2020, there are 51 inpatients. Long term care facilities are experiencing
COVID-19 outbreaks and some schools have been forced to temporarily close based on staff and
administration illness. Based upon the above conditions, the Director of the Central District
Health Department has recommended the enactment of an ordinance requiring the wearing of
masks as an effective means of curtailing the spread of the Novel Coronavirus.
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2
SECTION 2. Chapter 2, Article VIII, Sections 2-64 thru 2-75 be enacted to read as follows:
ARTICLE VIII. – PREVENTION OF COVID-19
§2-64. Legislative Findings and Intent.
(1) The City Council hereby finds and declares, based upon the scientific and medical
evidence before it, that:
a) the Novel Coronavirus (COVID-19) has impacted and continues to dramatically
impact the citizens of the City of Grand Island, Nebraska; and
b) exposure to COVID-19 presents a risk of death or serious long-term disability;
the exposure is widespread and poses significant risk of harm, including death,
to people in the general population of the City of Grand Island; there is a
particular subset of the population that is more vulnerable to the threat and thus
at an increased risk; and the threat is from a novel infectious disease; and
c) information from the World Health Organization, the United States Centers for
Disease Control and Prevention (CDC), Nebraska Department of Health and
Human Services, the Central District Health Department, local public health
departments throughout Nebraska, and members of the City of Grand Island and
Hall County medical community indicates that citizens of the City of Grand
Island have been and will continue to be exposed due to community
transmissions of COVID-19; and
d) the manner in which the spread of COVID-19 cases in the City of Grand Island
has occurred creates an unacceptable risk to the health, safety, and welfare of
the citizens of the City of Grand Island; and
e) the number of COVID-19 infections within the City of Grand Island continues
to increase; and
f) COVID-19 constitutes a public nuisance and a threat to the health, safety, and
welfare of the City of Grand Island; and
g) the CDC, doctors and infectious disease experts from the University of Nebraska
Medical Center and Nebraska Medicine have concluded that the wearing of face
coverings by every individual while in public is one of the best methods to slow
and stop the spread of COVID-19; and
h) the wearing of face coverings by every individual while indoors in public places
in the City of Grand Island will reduce community transmissions of COVID-19,
resulting in fewer deaths, serious health complications, and will ease the strain
on hospitals and other medical offices and facilities; and
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3
i) the wearing of face coverings by every individual while indoors in public places
in the City of Grand Island will help keep businesses open and operating,
encouraging economic growth, and preventing prolonged economic harm; and
j) this ordinance is designated as an urgent measure necessary to preservation of
public health; and
k) it is just and proper for the City Council to exercise the authority granted to it by
Nebraska statutes in furtherance of protecting the public health, safety, and
welfare.
§ 2-65. Definitions.
For purposes of this Article, the following terms are defined as follows:
(1) Face Covering. – A face covering is defined as a covering which, when worn
properly, must cover the nose and mouth completely and can include a paper or
disposable face mask, cloth face mask, scarf, bandana, neck gaiter, or a religious
face covering. Medical-grade masks and respirators are sufficient face coverings,
but to preserve adequate supplies, their purchase and use is discouraged for those
who do not work in a health care setting or in other occupations that require
medical-grade personal protective equipment. Masks that incorporate a valve
designed to facilitate easy exhaling, mesh masks, or masks with openings, holes,
visible gaps in the design or material, or vents are not sufficient face coverings
because they allow exhaled droplets to be released into the air.
(2) Premises Open to the General Public. – Premises open to the general public is
broadly defined to include entities that employ or engage workers, including
private-sector entities, public-sector entities, non-profit entities, regular commercial
or business establishments, private clubs, religious centers or buildings, public
transportation (including buses, taxis, ride-sharing vehicles, or vehicles used for
business purposes), and any place which is generally open to the public, including
educational institutions and daycare facilities.
§ 2-66. Individual Facial Coverings Required.
All individuals age five and older shall wear a face covering over their mouth and nose
while indoors in a premises open to the general public unless the individual maintains a
minimum of six feet of separation or social distance at all times from anyone who is not a
member of the individual's household, except face coverings will not be required if the
individual:
(1) is seeking federal, state, or county services; or
(2) is seated at a bar, restaurant, or other location to eat or drink, or while immediately
consuming food or beverages; or
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4
(3) is engaged in an occupation preventing the wearing of a face covering; or
(4) is obtaining a service or purchasing goods or services that requires the temporary
removal of the face covering; or
(5) is asked to remove a face covering to verify an identity for lawful purposes; or
(6) is providing a speech, lecture, or broadcast to an audience so long as six feet of
distancing from other individuals is maintained; or
(7) cannot otherwise wear a face covering because of a medical condition, a mental
health condition, or a disability that makes it unreasonable for the individual to
wear a face covering.
Nothing in this section shall prohibit the owner or person in charge of a premises open to
the general public from requiring an individual to wear a face covering during any of the
circumstances enumerated above or from implementing a more restrictive face covering
policy.
§ 2-67. Premises Open to the General Public – Duty to Require Facial Coverings.
Any individual or entity which maintains a premises open to the general public shall
require all individuals age five and older to wear a face covering over their mouth and
nose while indoors in said premises, unless the individual maintains a minimum of six
feet of separation or social distance at all times from anyone who is not a member of the
individual's household, except face coverings will not be required if the individual:
(1) is seeking federal, state or county services; or
(2) is seated at a bar or restaurant to eat or drink, or while immediately consuming food
or beverages; or
(3) is engaged in an occupation preventing the wearing of a face covering; or
(4) is obtaining a service or purchasing goods or services that requires the temporary
removal of the face covering; or
(5) is asked to remove a face covering to verify an identity for lawful purposes; or
(6) is providing a speech, lecture, or broadcast to an audience so long as six feet of
distancing from other individuals is maintained; or
(7) cannot otherwise wear a face covering because of a medical condition, a mental
health condition, or a disability that makes it unreasonable for the individual to
wear a face covering.
Nothing in this section shall prohibit the owner or person in charge of a premises that is
open to the general public from requiring an individual to wear a face covering during
any of the circumstances enumerated above or from implementing a more restrictive face
covering policy.
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5
§ 2-68. Notice of Face Covering Requirements.
Any individual or entity which maintains a premises that is open to the general public
must post one or more signs that are visible to all persons — including workers,
customers, students, and visitors instructing them to wear face coverings as required by
this Article.
§ 2-69. Exceptions.
The provisions of this Article shall not apply to:
(1) Courts of law; non-city department public utilities; federal, state, or county
operations; medical providers, facilities, or pharmacies; congregate living centers or
facilities; group homes and residential drug and/or mental health treatment
facilities; shelters for homeless persons; airport travel; election offices; polling
places on an election day; or to residential dwelling units.
(2) Children under the age of five. While children ages three and four may wear a face
covering if that child can remove the face covering without assistance, guidance
from the CDC states that children two years old and under should never wear a face
covering due to the risk of suffocation.
(3) Federal and state activities. Nothing in this Article shall be construed to limit,
prohibit, or restrict in any way the operations of the federal or state government or
the movement of federal or state officials in the city while acting in their official
capacity, including federal and state judicial, legislative, and executive staff and
personnel.
(4) Individuals at their workplace when wearing a face covering would create a job
hazard for the individual or others as determined by federal, state, or local
regulators or workplace safety and health standards and guidelines.
(5) Individuals who are alone in an office, room, a vehicle, the cab of heavy equipment
or machinery, or an enclosed work area. In such situations, the individual should
still carry a face covering to be prepared for person-to-person interactions and to be
used when the individual is no longer alone.
(6) Individuals who are seated at a desk or standing at a stationary workstation,
provided that the desk or workstation has a solid Plexiglas or plastic barrier
installed upon it which cannot be moved.
(7) Individuals who are officiating at a religious service.
(8) Individuals communicating with other individuals who are deaf or hard of hearing
or who have a disability, medical condition, or mental health condition that makes
communication with that individual while wearing a face covering difficult,
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6
provided that minimum social distancing of six feet or more is maintained to the
extent possible between persons who are not members of the same household.
(9) Individuals who are engaged in activities, such as swimming or showering, where
the face covering will get wet.
(10) Individuals who are exercising in an indoor business or indoor space such as a gym
or fitness center, while the level of exertion makes it difficult to wear a face
covering, provided that minimum social distancing of six feet or more is maintained
at all times.
(11) Individuals in an indoor premises that is generally open to the public while playing
a musical instrument that cannot be played when a face covering is worn, provided
that a minimum social distancing of six feet or more is maintained at all times.
(12) Public safety workers actively engaged in a public safety role, including but not
limited to law enforcement personnel, fire fighters, or emergency medical
personnel, in situations where wearing a face covering would seriously interfere in
the performance of the individual's public safety responsibilities.
(13) Participants in a sporting event, but only while they are playing the game, if the
school or sponsoring organization does not require facial coverings, however,
spectators, coaches, and non-participants would be required to wear facial
coverings.
§ 2-70. Public Nuisance Declared.
Any individual or entity which maintains premises that are open to the general public
who fails to comply with the requirements of Section 2-67, above, is hereby declared to
be a nuisance and a danger to the public health, safety, and welfare.
§ 2-71. Application.
The provisions of this Article shall only apply to all persons and property within the
corporate limits of the City of Grand Island and shall not extend into the two-mile
extraterritorial jurisdiction of the City.
§ 2-72. Penalty.
Any individual or person who is found to have violated any of the provisions of this
Article shall be guilty of an offense as defined in Section 1-2 of City code for each
offense and shall be subjected to a minimum fine of not less than $25 for the initial
offense. Each instance of violation of this Article may be considered to be a separate
offense.
§ 2-73. Civil Abatement.
In addition to any other penalty sought or obtained under this Article or other applicable
law, the City Attorney may institute injunctive or other appropriate civil proceedings
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7
necessary to obtain compliance with this Article or to abate any nuisance resulting from
violations of this Article.
§ 2-74. Sunset Provision.
The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on
February 23, 2021, unless otherwise extended or earlier terminated by ordinance of the
City Council.
2-75. Conflicts.
In the event of a conflict between the provisions of this Chapter 2, Article VIII and a
Directed Health Measure issued by the Nebraska Department of Health or by the Central
District Health Department the provision providing the greatest protection for public
health shall control.
SECTION 3. The sections, subsections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase of
this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid
judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or
unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs,
sentences, clauses, or phrases of this Ordinance.
SECTION 4. This Ordinance, being emergency in nature, shall be in full force and take
effect three (3) days from and after the date of its passage.
Enacted: November 24, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City ClerkPASSED AND APPROVED this 24th day of November, 2020.
Roger G. Steele, Mayor
ATTEST:
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8
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-1
Approving Minutes of November 10, 2020 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 10, 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 November 10, 2020. Notice of the meeting was given in The Grand Island
Independent on November 4, 2020.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton,
Julie Hehnke, Clay Schutz, Mitch Nickerson, Justin Scott, and Chuck Haase. The following City
Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance
Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John
Collins.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement - 3935 South Locust Street (Frank C. Skrupa
Trustee). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located
at 3935 South Locust Street was needed in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers. Hooker Brothers Sand & Gravel,
Inc. was relocating their office building and main pump staging area. The proposed easement
would allow the Utilities Department to install, access, operate and maintain the electrical
infrastructure at this location. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 710 Allen Drive (Allen Phase II, LLC &
Nebraska Tunnel Wash I, LLC). Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located at 710 Allen Drive was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. Tommy’s
Car Was had requested a new underground electrical service for their new commercial business.
The proposed easement would allow the Utilities Department to install, access, operate and
maintain the electrical infrastructure at this location. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement in Bosselville Fifth Subdivision- 3502 West
Wood River Road (Bosselman, Inc.; Parcel No. 400406772). Public Works Director John Collins
reported that a public easement was needed to accommodate utilities for development within
Bosselville Fifth Subdivision. This subdivision was located north of Interstate 80, west of US
Highway 281. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No.
544; Ellington Pointe and Westwood Park Subdivisions at 4010 Driftwood Drive (Shriner) and
818 N North Road (56 Land & Cattle Co., Inc.). Public Works Director John Collins reported
that Public utility easements were needed to accommodate the extension of sanitary sewer to
serve an area previously unserved that was located within the new subdivision of Ellington
Pointe and the existing subdivision of Westwood Park. The public utility easements would allow
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Page 2, City Council Regular Meeting, November 10, 2020
for the construction, operation, maintenance, extension, repair, replacement, and removal of
sanitary sewer within the easements. Staff recommended approval. No public testimony was
heard.
ORDINANCES:
#9773 - Consideration of Approving Annexation of Property being Platted as Brooklyn
Subdivision an Addition to the City of Grand Island (Final Reading)
Regional Planning Director Chad Nabity reported that Gerald and Pamela Dean, owners of the
property, submitted a plat of Brooklyn Subdivision an Addition to the City of Grand Island. Two
residential lots would be added to the City as a result of this annexation. This property was
located west of St. Paul Road where it intersects with Dean Street and east of and contiguous
with Capital Mobile Home Park. This was the third of three readings. Staff recommended
approval.
Motion by Haase, second by Hehnke to approve Ordinance #9773 on third and final reading.
Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9773 on final reading. All those in favor of the passage of this ordinance
on 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 final reading, Ordinance #9773 is declared to be
lawfully adopted upon publication as required by law.
#9795 - Consideration of Approving Annexation of Property Located at 4127 West
Husker Highway – Leaman Acres Subdivision (Second Reading).
Regional Planning Director Chad Nabity reported that Michael and Ralisa Leaman, husband and
wife, as owners of the property submitted a plat of Leaman Acres Subdivision an Addition to the
City of Grand Island. Three residential lots would be added to the City as a result of this
annexation. This property was located south of Husker Highway and east of Graham Avenue.
This was the second of three readings. Staff recommended approval.
Motion by Stelk, second by Schutz to approve Ordinance #9795 on second reading.
City Clerk: Ordinance #9795 on second reading. All those in favor of the passage of this
ordinance on second reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9801 - Consideration of Vacation of Utility Easements at 2208 North Webb Road
#9802 - Consideration of Amending Chapter 8 of the Grand Island City Code to Adopt
the 2018 International Building Code, 2018 International Residential Code and 2018
International Existing Building Code
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Page 3, City Council Regular Meeting, November 10, 2020
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.
#9801 - Consideration of Vacation of Utility Easements at 2208 North Webb Road
Utilities Director Tim Luchsinger reported that the Northwest Commons Business
Condominiums (former Shopko) located at 2208 North Webb Road was in the process of being
remodeled. A new electrical service had been installed west of the building in a newly acquired
easement. The old electrical service had been removed from the two easements to be vacated.
The vacation of these two easements would allow the owner/developer to proceed with future
development. Staff recommended approval.
Motion by Paulick, second by Conley to approve Ordinance #9801.
City Clerk: Ordinance #9801 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 #9801 on second and final reading. All those in favor of this 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 #9801 is declared to be lawfully adopted upon publication as required by
law.
#9802 - Consideration of Amending Chapter 8 of the Grand Island City Code to Adopt
the 2018 International Building Code, 2018 International Residential Code and 2018
International Existing Building Code
Building Department Director Craig Lewis reported that the City of Grand Island had for
generations adopted and enforced building codes which regulate the construction of buildings
within the City and jurisdictional areas. The purpose of these codes was to provide minimum
requirements to safeguard the public safety, health and general welfare, through affordability,
structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy
conversation and safety to life and property from fire and other hazards attributed to the built
environment and to provide safety to firefighters and emergency responders during emergency
operations. Staff recommended amending Chapter 8 of the Grand Island City Code and adopting
the 2018 Editions of the International Building, Residential, and Existing Building Codes.
Mr. Lewis explained some of the changes.
Motion by Schutz, second by Conley to approve Ordinance #9802.
City Clerk: Ordinance #9802 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 - 11/24/2020 Page 88 / 299
Page 4, City Council Regular Meeting, November 10, 2020
City Clerk: Ordinance #9802 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 #9802 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-16, G-17, G-18 and G-19 (Resolutions #2020-
286, #2020-287, #2020-288, and #2020-289) were removed for further discussion. Motion by
Paulick, second by Hehnke to approve the Consent Agenda excluding items G-16, G-17, G-18
and G-19. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 27, 2020 City Council Regular Meeting.
#2020-272 - Approving Acquisition of Utility Easement - 3935 S. Locust Street (Frank C.
Skrupa Trustee).
#2020-273 - Approving Acquisition of Utility Easement - 710 Allen Drive (Allen Phase II, LLC
& Nebraska Tunnel Wash I, LLC).
#2020-274 - Approving Purchase of Six (6) 2021 Ford Police Interceptor Utility Vehicles under
State Contract from Anderson Auto Group, Lincoln, Nebraska in an Amount of $210,887.00.
#2020-275 - Approving Change Order #1 for Fire Station 2 Addition Design with Webb and
Company Architects, Inc. of Grand Island, Nebraska for an Increase of $2,525.00 and Revised
Amount of $22,475.00.
#2020-276 - Approving Purchase of Two (2) 10 Cubic Yard Dump Trucks for the Streets
Division of the Public Works Department from Hansen International of Grand Island, Nebraska
in an Amount of $239,733.68.
#2020-277 - Approving Award of Professional Engineering Consulting Services for Sanitary
Sewer Rehabilitation– Various Locations; Project No. 2020-S-8 with JEO Consulting Group,
Inc. of Grand Island, Nebraska in an Amount mot to exceed $28,645.00.
#2020-278 - Approving Bid Award for Wastewater Treatment Plant Paving Improvements;
Project No. 2020-WWTP-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska in
an Amount of $1,656,965.15.
#2020-279 - Approving Amendment No. 3 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 33,468.00 and a Revised Agreement
Amount of $212,269.00.
Grand Island Council Session - 11/24/2020 Page 89 / 299
Page 5, City Council Regular Meeting, November 10, 2020
#2020-280 - Approving Bid Award for Downtown Sanitary Sewer Manhole Rehabilitation;
Project No. 2020-S-7 with Redina Construction Company of Glen Ellyn, Illinois in an Amount
of $259.833.00.
#2020-281 - Approving Acquisition of Utility Easement in Bosselville Fifth Subdivision- 3502
West Wood River Road (Bosselman, Inc.; Parcel No. 400406772).
#2020-282 - Approving Skid Steer Buy-Back for Streets Division with Central Nebraska Bobcat
of Grand Island, Nebraska for the purchase of a new T76 T4 Compact Track Loader for
$59,133.64 with a trade-in value of $46,710.00 for a net purchase price of $12,423.64 and the
purchase of a new T66 T4 Compact Track Loader for $53,569.00 with a trade-in value of
$42,504.00 for a net purchase price of $11,065.00.
#2020-283 - Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District
No. 544; Ellington Pointe and Westwood Park Subdivisions at 4010 Driftwood Drive (Shriner)
and 818 N North Road (56 Land & Cattle Co., Inc.).
#2020-284 - Approving Temporary Construction Easements for Sanitary Sewer District No. 544;
Ellington Pointe and Westwood Park Subdivisions.
#2020-285 - Approving Final Plat and Subdivision Agreement for Brooklyn Subdivision. It was
noted that Gerald and Pamela Dean, owners, had submitted the Final Plat and Subdivision
Agreement for Brooklyn Subdivision located north of Capital Avenue and west of St. Paul Road
for the purpose of creating 2 lots on 10.0986 acres.
#2020-286 - Approving CDBG-CV Agreement with Heartland United Way in an Amount of
$44,459.00. Community Development Coordinator Amber Alvidrez explained the process and
the funding for this request.
Motion by Haase, second by Nickerson to approve Resolution #2020-286. Upon roll call vote, all
voted aye. Motion adopted.
#2020-287 - Approving CDBG-CV Agreement with YMCA in an Amount of $12,000.00.
Community Development Coordinator Amber Alvidrez explained the process and the funding
for this request.
Motion by Haase, second by Nickerson to approve Resolution #2020-287. Upon roll call vote, all
voted aye. Motion adopted.
#2020-288 - Approving CDBG-CV Agreement with YWCA in an Amount of $30,000.00.
Community Development Coordinator Amber Alvidrez explained the process and the funding
for this request.
Motion by Haase, second by Nickerson to approve Resolution #2020-288. Upon roll call vote, all
voted aye. Motion adopted.
Grand Island Council Session - 11/24/2020 Page 90 / 299
Page 6, City Council Regular Meeting, November 10, 2020
#2020-289 - Approving CBDG-CV Agreement with Central Nebraska Community Action
Partnership in an Amount of $90,000.00. Community Development Coordinator Amber Alvidrez
explained the process and the funding for this request.
Motion by Haase, second by Nickerson to approve Resolution #2020-289. Upon roll call vote, all
voted aye. Motion adopted.
#2020-290 - Approving Purchase of Two (2) 72" Cut Mowers for the Parks Division of the Parks
& Recreation Department from Turfwerks of Omaha, Nebraska in an Amount of $60,484.00.
#2020-291 - Approving Purchase of One (1) 11' Cut Mower for the Parks Division of the Parks
& Recreation Department from Midwest Turf & Irrigation of Omaha, Nebraska in an Amount of
$85,963.70.
#2020-292 - Approving Purchase of a New Dump Truck for the Parks Division of the Parks &
Recreation Department from Hansen International of Grand Island, Nebraska in an Amount of
$84,326.00.
REQUESTS AND REFERRALS:
#2020-293 - Approving Request for Qualifications for JBS Trail Expansion for the Parks &
Recreation Department. Parks & Recreation Director Todd McCoy reported that the John
Brownell Beltline Trail currently ends at Cherry Street in east Grand Island. The proposed new
10’ wide concrete trail would be approximately one mile extending the existing trail east and
ending at the JBS plant. The City went out for RFQ’s and staff is recommending Alfred Benesch
& Company of Grand Island, Nebraska be awarded the contract for design services in an amount
of $98,849.00. Funding for this project comes from a recent $1,000,000.00 JBS Hometown
Strong initiative to support local communities.
Mr. McCoy stated the project total was around $500,000. Discussion was held regarding the
$100,000 for design and consulting services.
Motion by Schutz, second by Paulick to approve Resolution #2020-293. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Stelk to approve the payment of claims for the period of October
28, 2020 through November 10, 2020 for a total amount of $4,723,358.12. Upon roll call vote,
all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 7:38 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 11/24/2020 Page 91 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-2
Approving Re-Appointments of Hector Rubio, Robin Hendricksen,
and Tony Randone to the Interjurisdictional Planning Commission
Mayor Steele has submitted the re-appointments of Hector Rubio, Robin Hendricksen, and Tony
Randone to the Interjurisdictional Planning Commission. The appointments would become effective
December 1, 2020 upon approval by the City Council and would expire on November 30, 2021.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 11/24/2020 Page 92 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-3
Approving Appointments of Austin (AJ) Fruchtl and Jay Vavricek
to the Railside Business Improvement District
Mayor Steele has submitted the appointments of Austin (AJ) Fruchtl and Jay Vavricek to the Railside
Business Improvement District board. These appointments will replace Tom Wald and Jon Myers who
resigned from the board. The appointments would become effective immediately upon approval by the
City Council.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 11/24/2020 Page 93 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-4
#2020-294 - Approving Request from Y & N Liquor, LLC dba Y &
N Liquor, 409 N. Broadwell Avenue, Suite #4 for a Class “D”
Liquor License and Liquor Manager Designation for Yasser
Toruno Garcia, 1522 West 1st Street
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/24/2020 Page 94 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-294
WHEREAS, an application was filed by Y & N Liquor, LLC doing business as Y
& N Liquor, 409 N. Broadwell Avenue, Suite #4 for a Class "D" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on November 14, 2020; such publication cost being $17.25;
and
WHEREAS, a public hearing was held on November 24, 2020 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Yasser Toruno
Garcia, 1522 West 1st Street, Grand Island, Nebraska as liquor manager of
such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 95 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-5
#2020-295 - Approving Final Plat and Subdivision Agreement for
Leaman Acres Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/24/2020 Page 96 / 299
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 24, 2020
Subject:Leaman Acres Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located west of North Road and south of Husker Highway in Hall
County Nebraska within the 2 mile ETJ of Grand Island, Nebraska. (3 lots, 9.96 acres).
This property is zoned LLR Large Lot Residential Zone. A tract of land located in the
northwest quarter of the northeast quarter (NW ¼, NE 1/4) of section thirty-five (35),
township eleven (11) north, range ten (10) west of the 6th p.m., Hall County, Nebraska.
This has been presented as an addition to the City of Grand Island.
Discussion
The final plat for Leaman Acres Subdivision were considered at the Regional Planning
Commission at the October 7, 2020 meeting.
A motion was made by Ruge and second by Rubio to approve all Leaman Acres
Subdivision.
The motion was carried with nine members voting in favor (O’Neill, Ruge,
Hendricksen, Robb, Nelson, Monter, Randone, Rubio and Rainforth) with no
members voting no.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 11/24/2020 Page 97 / 299
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/24/2020 Page 98 / 299
Developer/Owner
Micheal and Ralisa Leaman
42 Sonja Dr.
Doniphan, NE 68832
To create
Size: Final Plat 3 lots, 9.96 Acres
Zoning: LLR Large Lot Residential Zone
Road Access: Property is rural section city streets.
Water Public: City water is available on the north side of Husker Highway.
Sewer Public: City sewer not available.
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October 6th
Grand Island Council Session - 11/24/2020 Page 100 / 299
SUBDIVISION AGREEMENT
LEAMAN ACRES SUBDIVISION
3 LOTS
In the City of Grand Island, Hall County Nebraska
The undersigned, MICHAEL T LEAMAN and RALISA E LEAMAN, hereinafter
called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska,
more particularly described as follows:
A TRACT OF LAND LOCATED IN THE NORTHWEST ¼ OF
THE NORTHEAST ¼ OF SECTION 35, TOWNSHIP 11 NORTH,
RANGE 10 WEST, OF THE 6TH P.M., HALL COUNTY,
NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID
NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 35
(NORTH ¼ CORNER) THENCE S89°41’01”E (ASSUMED
BEARING) ON THE NORTH LINE OF SAID NORTHWEST ¼ OF
THE NORTHEAST ¼ A DISTANCE OF 943.57 FEET, THENCE
S00°18’02”W A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUING S00°18’02”W ON THE
EAST LINE OF BLOCK 2 FIRESIDE ESTATES SUBDIVISION
* This Space Reserved for Register of Deeds *
Grand Island Council Session - 11/24/2020 Page 101 / 299
- 2 -
AND THE EAST LINE OF BLOCK 2 FIRESIDE ESTATES
SECOND SUBDIVISION A DISTANCE OF 1279.89 FEET TO
THE SOUTHEAST CORNER OF SAID BLOCK 2 FIRESIDE
ESTATES SECOND SUBDIVISION AND ALSO BEING THE
NORTHWEST CORNER OF LOT 20 WESTROADS ESTATES
THIRD SUBDIVISION, THENCE S89°24’08”E ON THE NORTH
LINE OF SAID WESTROADS ESTATES THIRD SUBDIVISION A
DISTANCE OF 334.94 FEET, THENCE N00°39’26”E ON A LINE
PARALLEL WITH AND 33.00 FEET WEST OF THE EAST LINE
OF SAID NORTHWEST ¼ OF THE NORTHEAST ¼ A
DISTANCE OF 1281.55 FEET TO THE SOUTH RIGHT OF WAY
LINE OF HUSKER HIGHWAY, THENCE N89°41’01”W ON SAID
SOUTH RIGHT OF WAY LINE A DISTANCE OF 342.91 FEET
TO THE POINT OF BEGINNING, CONTAINING 9.96 ACRES
MORE OR LESS.
desires to have subdivided as a subdivision the foregoing tract of land located within the corporate
limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for
acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known
as LEAMAN ACRES SUBDIVISION, designating explicitly the land to be laid out and particularly
describing the lots, easements, and streets belonging to such subdivision, with the lots designated by
number, easements by dimensions, and streets by name, and proposes to cause the plat of such
subdivision when finally approved by the Regional Planning Commission and the City Council to be
acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to
contain a dedication of the easements to the use and benefit of public utilities, and of the street to the
use of the public forever. In consideration of the acceptance of the plat of LEAMAN ACRES
SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska,
that it will install or provide at its expense the following improvements:
Grand Island Council Session - 11/24/2020 Page 102 / 299
- 3 -
1. Paving. The Subdivider agrees to pave Westview Drive in accordance with
plans and specifications approved by the City's Director of Public Works, and subject to the City's
inspection. If the Subdivider fails to pave Westview Drive, the City may create a paving district to
perform such work. The Subdivider agrees to waive the right to object to the creation of any paving
district for Husker Highway where is abuts the subdivision. The cul-de-sac for Westview Drive may
initially be completed with crushed rock, asphalt or similar material. The subdivision shall pave this
according to approved plans upon request of the City Engineer or County Engineer.
2. Water. Public water is available to the subdivision and the Subdivider agrees
to extend, connect and provide water service to all lots in the subdivision in accordance with plans
and specifications approved by the Director of Public Works, and subject to the City’s inspection.
Water service for residential use and fire protection shall be extended to serve lot 3 prior to any
construction on said lot 3.
3. Sanitary Sewer. Public sanitary sewer main is not available to the
subdivision; therefore, individual systems shall be permissible on an initial basis. However, the
Subdivider waives the right to protest the creation of a sanitary sewer district within or abutting the
subdivision.
4. Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in
conjunction with the development proposed thereon so that storm drainage is conveyed to a public
right-of-way or to other drainage systems so approved by the Director of Public Works. If the
Subdivider fails to grade and maintain such drainage, the City may create a drainage district to
perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage
district benefitting the subdivision.
Grand Island Council Session - 11/24/2020 Page 103 / 299
- 4 -
5. Sidewalks. Immediate sidewalk construction adjacent to Husker Highway
and Westview Drive shall be waived. However, the sidewalks shall be constructed when the property
owner is directed to do so by the City Council. In the event a Street Improvement District is created
to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within
one year of the completion of such street improvement district in accordance with the City of Grand
Island Sidewalk Policy.
6. Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In
addition, the duty to maintain the surface of any easements to keep them clear of any worthless
vegetation or nuisance shall run with the land.
7. Existing Buildings on Lot 2. The existing buildings on Lot 2 will no longer be
accessory to a principal use upon filing this plat. All utilities crossing between lots 1 and 2 shall be
removed and the developer shall establish a permitted use on lot 2 within 180 days of filing the plat
for Leaman Acres Subdivision or remove the accessory structures.
8. Engineering Data. All final engineering plans and specifications for public
improvements shall bear the signature and seal of a professional engineer registered in the State of
Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval
prior to contracting for construction of any improvements. Inspections of improvements under
construction shall be performed under the supervision of a professional engineer registered in the
State of Nebraska, and upon completion shall be subject to inspection and approval by the
Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of
plans and specifications including required test results bearing the seal and signature of a
Grand Island Council Session - 11/24/2020 Page 104 / 299
- 5 -
professional engineer registered in the State of Nebraska shall be filed with the Director of Public
Works by the Subdivider prior to acceptance of these improvements by the City.
9. Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as LEAMAN ACRES
SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for
examination, if necessary, upon request of the City of Grand Island.
10. Successors and Assigns. This agreement shall run with the land and shall be
binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees,
and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any
lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the
Subdivider has not performed such conditions.
Dated: _____________________, 2020.
Grand Island Council Session - 11/24/2020 Page 105 / 299
- 6 -
MICHAEL T. LEAMAN, Subdivider RALISA E. LEAMAN, Subdivider
By: ______________________________ By:
Michael T. Leaman Ralisa E. Leaman
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Michael T. Leaman, known personally to me to be the identical person and such officer
who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and
deed for the purpose therein expressed.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Ralisa E. Leaman, known personally to me to be the identical person and such officer who
signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for
the purpose therein expressed.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
Grand Island Council Session - 11/24/2020 Page 106 / 299
- 7 -
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By: ____________________________________
Roger G. Steele, Mayor
Attest: _____________________________________
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said County
and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation,
known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and
acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2020-____, and that the
City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 11/24/2020 Page 107 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-295
WHEREAS know all men by these presents, that Micheal T. and Ralisa E
Leaman (husband and wife), being the owners of the land described hereon, has caused same to
be surveyed, subdivided, platted and designated as “LEAMAN ACRES SUBDIVISION”, A tract
of land located in the northwest quarter (NW ¼) of the northeast quarter (NE ¼ ) of Section
thirty-five (35), Township eleven (11) north, range ten (10) west of the 6th P.M., in, Hall County,
Nebraska; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of LEAMAN ACRES
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 108 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-6
#2020-296 - Approving Final Plat and Subdivision Agreement for
Bosselman Crossing Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/24/2020 Page 109 / 299
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 24, 2020
Subject:Bosselman Crossing Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located south of U.S. Highway 34 and west of Locust Street in Grand
Island, Nebraska. (2 lots, 3.310 acres). This property is zoned B2 – General Business
zone, a Replat of all of Lot 2, King’s Crossing Subdivision, in the City of Grand Island,
Hall County, Nebraska.
Discussion
The final plat for Bosselman Crossing Subdivision was considered at the Regional
Planning Commission at the November 4, 2020 meeting.
A motion was made by Maurer and second by Rainforth to approve Bosselman
Crossing Subdivision.
The motion was carried with nine members voting in favor (O’Neill, Ruge,
Doane, Monter, Robb, Rubio, Hendricksen, Robb and Rainforth) with no
members voting no.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 11/24/2020 Page 110 / 299
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/24/2020 Page 111 / 299
Developer/Owner
Bosselman Pump & Pantry INC
PO BOX 4905
Grand Island, NE 6880
To create
Size: Final Plat 2 lots, 3.310 Acres
Zoning: B2 – General Business Zone
Road Access: U.S. Highway 34 is a controlled access state highway. Lake Street is a city street and Locust is a city
street.
Water: City water is available.
Sewer: City Sewer is available.
Grand Island Council Session - 11/24/2020 Page 112 / 299
LOT 2LOT 1N89°47'28"E 275.86'(M,P) 76.79'(M,P)S24°06'54"ES11°20'31"E 166.83'(M,P)S02°13'08"E 176.89'(M,P)S02°13'08"E110.36'(M,P)110.34'(D1)111.27'(R1)S45°06'15"W33.87'(M,P)34.76'(D1)33.95'(R1)S89°57'59"W 210.43'(M,P)N00°12'32"W 166.63'(M,P)R=193.00'(M,P)Δ=60°24'00"L=203.46'(M,P)CB=N30°24'32"WCH=194.17'(M,P)N29°23'27"E53.19'(M,P)R=75.00'(M,P)Δ=65°02'42"L=85.14'(M,P)CB=N32°43'53"WCH=80.64'(M,P)95.45'(M,P)N00°12'32"W
S00°02'01"E 185.20'(M)S89°57'59"W97.05'(M)N51°16'40"W34.13'(M)167.52'108.34'A REPLAT OF ALL OF LOT 2, KING'S CROSSING SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALLCOUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 144199.64 SQUARE FEETOR 3.310 ACRES MORE OR LESS.FAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801OWNERS: BOSSELMAN PUMP & PANTRY INCSUBDIVIDER: BOSSELMAN PUMP & PANTRY INCSURVEYOR: OLSSONENGINEER: OLSSONNUMBER OF LOTS: 2NOTE:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYORMAKES NO GUARANTEES THAT THE UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN-SERVICE OR ABANDONED. THESURVEYOR FURTHER DOES NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED, ALTHOUGH THE SURVEYORDOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLYLOCATED THE UNDERGROUND UTILITIES.Grand IslandCouncil Session - 11/24/2020Page 113 / 299
LOT 2LOT 1N89°47'28"E 275.86'(M,P) 76.79'(M,P)S24°06'54"ES11°20'31"E 166.83'(M,P)S02°13'08"E 176.89'(M,P)S02°13'08"E110.36'(M,P)110.34'(D1)111.27'(R1)S45°06'15"W33.87'(M,P)34.76'(D1)33.95'(R1)S89°57'59"W 210.43'(M,P)N00°12'32"W 166.63'(M,P)R=193.00'(M,P)Δ=60°24'00"L=203.46'(M,P)CB=N30°24'32"WCH=194.17'(M,P)N29°23'27"E53.19'(M,P)R=75.00'(M,P)Δ=65°02'42"L=85.14'(M,P)CB=N32°43'53"WCH=80.64'(M,P)95.45'(M,P)N00°12'32"W
S00°02'01"E 185.20'(M)S89°57'59"W97.05'(M)N51°16'40"W34.13'(M)167.52'108.34'OWNERS: BOSSELMAN PUMP & PANTRY INCSUBDIVIDER: BOSSELMAN PUMP & PANTRY INCSURVEYOR: OLSSONENGINEER: OLSSONNUMBER OF LOTS: 2A REPLAT OF ALL OF LOT 2, KING'S CROSSING SUBDIVISION, IN THE CITY OF GRAND ISLAND,HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 144199.64SQUARE FEET OR 3.310 ACRES MORE OR LESS.I HEREBY CERTIFY THAT ON ______________________, 2020, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF AREPLAT OF ALL OF LOT 2, KING'S CROSSING SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THEACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS AREAS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.________________________________________________________JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630KNOW ALL MEN BY THESE PRESENTS, THAT BOSSELMAN PUMP & PANTRY INC., BEING THE OWNERS OF THE LAND DESCRIBED HEREON, HAVECAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS " A REPLAT OF ALLOF LOT 2, KING'S CROSSING SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLATTHEREOF; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLATIS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA,THIS ____ DAY OF ____________, 2020.BOSSELMAN PUMP & PANTRY INC.BY:______________________________________ CHARLES D. BOSSELMAN, Jr., CHAIRMAN & CEOON THIS ______ DAY OF _________________, 2020, BEFORE ME ________________________, A NOTARY PUBLIC WITHIN AND FOR SAIDCOUNTY, PERSONALLY APPEARED CHARLES D. BOSSELMAN, Jr., CHAIRMAN & CEO, BOSSELMAN PUMP & PANTRY INC., TO ME PERSONALLYKNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HISVOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN.MY COMMISSION EXPIRES ________________________________________NOTARY PUBLICSUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIESOF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA._______________________________ __________CHAIRPERSON DATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKATHIS ____ DAY OF ______ , 2020._______________________________MAYOR_______________________________CITY CLERKPROPERTY LINE LINESET CORNER(5/8"x24" REBAR W/CAP OR AS NOTED)MEASURED DISTANCEMSUBDIVISION LINEFOUND CORNER (5/8" REBAR w/CAP OR AS NOTED) RECORDED DISTANCE T.J. AITKEN SURVEY 2001R1PLATTED DISTANCE KING'S CROSSING SUBPDEEDED DISTANCE INST 97-108720D1EASEMENT LINEFAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801Grand IslandCouncil Session - 11/24/2020Page 114 / 299
SUBDIVISION AGREEMENT
BOSSELMAN CROSSING SUBDIVISION
2 LOTS
In the City of Grand Island, Hall County Nebraska
The undersigned, BOSSELMAN PUMP & PANTRY INC., hereinafter called the
Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more
particularly described as follows:
A REPLAT OF ALL OF LOT 2, KING;S CROSSING
SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA. SAID TRACT CONTAINS A
CALCULATED AREA OF 144199.64 SQUARE FEET OR 3.310
ACRES MORE OR LESS.
desires to have subdivided as a subdivision the foregoing tract of land located within the
corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as BOSSELMAN CROSSING SUBDIVISION, designating explicitly
* This Space Reserved for Register of Deeds *
Grand Island Council Session - 11/24/2020 Page 115 / 299
- 2 -
the land to be laid out and particularly describing the lots, easements, and streets belonging to
such subdivision, with the lots designated by number, easements by dimensions, and streets by
name, and proposes to cause the plat of such subdivision when finally approved by the Regional
Planning Commission and the City Council to be acknowledged by such owner, certified as to
accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to
the use and benefit of public utilities, and of the street to the use of the public forever. In
consideration of the acceptance of the plat of said BOSSELMAN CROSSING SUBDIVISION,
the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will
install or provide at its expense the following improvements:
1.Paving. The Subdivider agrees to waive the right to object to the creation
of any paving or repaving district for Locust Street, Lake Street and U.S. Highway 34 where they
abut the subdivision.
2.Water. Public water is available to the subdivision and the Subdivider
agrees to extend, connect and provide water service to all lots in the subdivision in accordance
with plans and specifications approved by the Director of Public Works, and subject to the City’s
inspection.
3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and
the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the
subdivision in accordance with plans and specifications approved by the Director of Public
Works, and subject to the City’s inspection.
4.Storm Drainage. The Subdivider agrees to grade all lots in the
subdivision in conjunction with the development proposed thereon so that storm drainage is
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- 3 -
conveyed to a public right-of-way or to other drainage systems so approved by the Director of
Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a
drainage district to perform such work. The Subdivider agrees to waive the right to object to the
creation of any drainage district benefitting the subdivision.
The Subdivider agrees to provide and maintain positive drainage from all lots, according to the
drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage
systems so approved by the Director of Public Works. If the Subdivider fails to grade and
maintain such drainage the City may create a drainage district to perform such work. The
Subdivider agrees to waive the right to object to the creation of any drainage district benefitting
the subdivision.
5.Sidewalks. The Subdivider shall install and maintain all public sidewalks
required by the City of Grand Island when the lots are built upon, and such sidewalk shall be
regulated and required with the building permit for each such lot.
The Subdivider must select curb or conventional sidewalk for each street unless the requirement
has been waived by Council.
Street Name Curb sidewalk Conventional
Sidewalk
Sidewalk Requirement
Waived by Council
Locust X NO
Lake NO
U.S. Highway 34 X NO
6.Landscaping. The Subdivider agrees to comply with the requirements of
the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved
by the City's Building Department.
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- 4 -
7.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
8.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
9.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as BOSSELEMAN
CROSSING SUBDIVISION, and that an abstract of title or title insurance commitment will be
submitted for examination, if necessary, upon request of the City of Grand Island.
10.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
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- 5 -
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Dated _____________________, 2020.
BOSSELMAN PUMP & PANTRY, INC.,
Subdivider
By: ____________________________________
Charles D. Bosselman, Jr., Chairman &
CEO
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Charles D. Bosselman, Jr., Chairman & CEO of Bosselman Pump & Pantry,
Inc., known personally to me to be the identical person and such officer who signed the foregoing Subdivision
Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein
expressed on behalf of Bosselman Pump & Pantry, Inc.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
Grand Island Council Session - 11/24/2020 Page 119 / 299
- 6 -
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2020-____, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 11/24/2020 Page 120 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-296
WHEREAS know all men by these presents, that Bosselman Pump & Pantry
INC., being the owners of the land described hereon, has caused same to be surveyed,
subdivided, platted and designated as “BOSSELMAN CROSSING SUBDIVISION”, a replat of
all of Lot 2, King’s Crossing Subdivision, in the City of Grand Island, Hall County, Nebraska;
and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of BOSSELMAN CROSSING
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 121 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-7
#2020-297 - Approving Final Plat and Subdivision Agreement for
Bosselville Sixth Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/24/2020 Page 122 / 299
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 24, 2020
Subject:Bosselville Sixth Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located west of U.S. Highway 281 and north of Wood River Road in Hall
County, Nebraska within 2 mile ETJ of Grand Island, Nebraska.(5 lots, 16.547 acres).
This property is zoned TD – Travel Development.
Discussion
The final plat for Bosselville Sixth Subdivision was considered at the Regional Planning
Commission at the November 4, 2020 meeting.
A motion was made by Maurer and second by Rainforth to approve Bosselville
Sixth Subdivision.
The motion was carried with nine members voting in favor (O’Neill, Ruge, Doane,
Monter, Robb, Rubio, Hendricksen, Robb and Rainforth) with no members voting no.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 11/24/2020 Page 123 / 299
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/24/2020 Page 124 / 299
Developer/Owner
Bosselman Inc
PO BOX 4905
Grand Island, NE 68802
To create
Size: Final Plat 5 lots, 16.574 Acres
Zoning: TD – Travel Development
Road Access: Bosselman Avenue will be extended as a 41’ concrete commercial street.
Water: Public water is available through the Bosselman system.
Sewer: City Sewer is available.
Grand Island Council Session - 11/24/2020 Page 125 / 299
N89°21'41"E 287.73'(M,P)
LOT 5
LOT 1
S01°05'01"E 959.41'(M)LOT 2
LOT 3
LOT 4
C2
S00°19'15"E 957.60'(M,P)S88°56'21"W 400.50'(M,P,P1)
S01°04'22"E 5.00'(M,P,P1)
S88°55'36"W 412.65'(M,P) 412.64'(P1)C1N01°05'01"W 598.78''(M,P)222.29'(M)N01°05'01"W 717.39'(M)C6C7N01°05'01"W 717.36'(M)C5359.18'(M)200.02'(M)200.02'(M)198.38'(M)N88°56'21"E 214.33'(M)
N88°56'21"E 216.99'(M)
N88°56'21"E 200.16'(M)359.15'(M)200.00'(M)158.24'(M)120.95'(M)70'(M)209.55'(M)
70' ROAD
RIGHT-OF-WAY
DEDICATED WITH
THIS PLAT
R54.5'
RGHT-OF-WAY
DEDICATED WITH
THIS PLAT
R54.5'
S88°56'21"W 35.00'(M)S88°56'21"W 35.00'(M)N01°05'01"W 717.36'(M)C4
65.44'(M)
CURVE TABLE
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
SUBDIVISION BOUNDARY LINE
SET CORNER (5/8"x24" REBAR W/CAP)
MEASURED DISTANCE
RECORDED DISTANCE BOSSELVILLE FIFTH SUB
M
P
EXISTING EASEMENT LINE
EXISTING PROPERTY LINE
FOUND CORNER (5/8" REBAR OR AS NOTED)
PROPOSED PROPERTY LINE
PROPOSED EASEMENT LINE
A REPLAT OF ALL OF LOTS 2 AND 3, BOSSELVILLE FIFTH SUBDIVISION, HALL COUNTY, NEBRASKA .
SAID TRACT CONTAINS A CALCULATED AREA OF 721,946.40 SQUARE FEET OR 16.574 ACRES MORE
OR LESS OF WHICH 1.353 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY.
RECORDED DISTANCE BOSSELVILLE SUBP1
NOTE:
THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR
MAKES NO GUARANTEES THAT THE UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN-SERVICE OR ABANDONED. THE
SURVEYOR FURTHER DOES NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED, ALTHOUGH THE SURVEYOR
DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY
LOCATED THE UNDERGROUND UTILITIES.
Grand Island Council Session - 11/24/2020 Page 126 / 299
N89°21'41"E 287.73'(M,P)
LOT 5
LOT 1
LOT 2
LOT 3
LOT 4
C2
S00°19'15"E 957.60'(M,P)S88°56'21"W 400.50'(M,P,P1)
S01°04'22"E 5.00'(M,P,P1)
S88°55'36"W 412.65'(M,P) 412.64'(P1)C1N01°05'01"W 598.78''(M,P)222.29'(M)N01°05'01"W 717.39'(M)C6C7N01°05'01"W 717.36'(M)C5359.18'(M)200.02'(M)200.02'(M)198.38'(M)N88°56'21"E 214.33'(M)
N88°56'21"E 216.99'(M)
N88°56'21"E 200.16'(M)359.15'(M)200.00'(M)158.24'(M)120.95'(M)70'(M)209.55'(M)
70' ROAD
RIGHT-OF-WAY
DEDICATED WITH
THIS PLAT
R54.5'
RGHT-OF-WAY
DEDICATED WITH
THIS PLAT
R54.5'
65.44'(M)
CURVE TABLE
SUBDIVISION BOUNDARY LINE
SET CORNER (5/8"x24" REBAR W/CAP)
MEASURED DISTANCE
RECORDED DISTANCE BOSSELVILLE FIFTH SUB
M
P
EXISTING EASEMENT LINE
EXISTING PROPERTY LINE
FOUND CORNER (5/8" REBAR OR AS NOTED)
PROPOSED PROPERTY LINE
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
A REPLAT OF ALL OF LOTS 2 AND 3, BOSSELVILLE FIFTH SUBDIVISION, HALL COUNTY, NEBRASKA .
SAID TRACT CONTAINS A CALCULATED AREA OF 721,946.40 SQUARE FEET OR 16.574 ACRES MORE OR LESS OF WHICH
1.353 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY THAT ON ______________________, 2020, I COMPLETED AN ACCURATE SURVEY, UNDER MY
PERSONAL SUPERVISION, OF A REPLAT OF ALL OF LOTS 2 AND 3, BOSSELVILLE FIFTH SUBDIVISION, HALL COUNTY,
NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED,
WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS
MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.
_______________________________________________________
JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630
KNOW ALL MEN BY THESE PRESENTS, THAT BOSSELMAN, INC., A NEBRASKA CORPORATION, BEING THE OWNER OF THE
LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS
" BEING A REPLAT OF ALL OF LOTS 2 AND 3, BOSSELVILLE FIFTH
SUBDIVISION, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY
DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY
DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION,
CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND
EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER
OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE
FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS
PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS
AND PROPRIETORS.
IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO,
AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2020.
BOSSELMAN, INC., A NEBRASKA CORPORATION
BY:______________________________________
CHARLES D. BOSSELMAN, Jr., CHAIRMAN & CEO
ON THIS ____ DAY OF ___________, 2019, BEFORE ME ________________________, A
NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED CHARLES D.
BOSSELMAN, Jr., CHAIRMAN & CEO, BOSSELMAN, INC., A NEBRASKA CORPORATION, TO ME
PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO
AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN
WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL
SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN.
MY COMMISSION EXPIRES ___________
_____________________________
NOTARY PUBLIC
SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF
HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF
ALDA, CAIRO, AND DONIPHAN, NEBRASKA.
_______________________________ __________
CHAIRPERSON DATE
APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA
THIS ____ DAY OF ______ , 2020.
_______________________________
MAYOR
_______________________________
CITY CLERK
APPROVED AND ACCEPTED BY THE HALL COUNTY BOARD OF SUPERVISORS
THIS _____ DAY OF ____________ , 2020.
__________________________
CHAIRPERSON
__________________________
COUNTY CLERK
RECORDED DISTANCE BOSSELVILLE SUBP1
Grand Island Council Session - 11/24/2020 Page 127 / 299
SUBDIVISION AGREEMENT
BOSSELVILLE SIXTH SUBDIVISION
5 LOTS
In the Jurisdiction of the City of Grand Island, Hall County Nebraska
The undersigned, BOSSELMAN, INC., a Nebraska Corporation, hereinafter
called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
A REPLAT OF LOTS 2 AND 3 BOSSELVILLE FIFTH
SUBDIVISON, HALL COUNTY NEBRASKA SAID TRACT
CONTAINS A CALCULATED AREA OF 721,946.40 SQUARE
FEET OR 16.574 ACRES MORE OR LESS OF WHICH 1.353
ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY;
desires to have subdivided as a subdivision the foregoing tract of land located within the
jurisdiction of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as BOSSELVILLE SIXTH SUBDIVISION, designating explicitly the
* This Space Reserved for Register of Deeds *
Grand Island Council Session - 11/24/2020 Page 128 / 299
- 2 -
land to be laid out and particularly describing the lots, easements, and streets belonging to such
subdivision, with the lots designated by number, easements by dimensions, and streets by name,
and proposes to cause the plat of such subdivision when finally approved by the Regional
Planning Commission and the City Council to be acknowledged by such owner, certified as to
accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to
the use and benefit of public utilities, and of the street to the use of the public forever. In
consideration of the acceptance of the plat of said BOSSELVILLE SIXTH SUBDIVISION, the
Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will
install or provide at its expense the following improvements:
1.Paving. The Subdivider agrees to pave Bosselman Avenue in accordance
with plans and specifications approved by the City's Director of Public Works, and subject to the
City's inspection. If the Subdivider fails to pave Bosselman Avenue, the City may create a
paving district to perform such work. The Subdivider agrees to waive the right to object to the
creation of any paving district for U.S. Highway 281 and Wood River Road where they abut the
subdivision.
2.Water. Public water is available to the subdivision and the Subdivider
agrees to extend, connect and provide water service to all lots in the subdivision in accordance
with plans and specifications approved by the Director of Public Works, and subject to the
City’s inspection.
3. Sanitary Sewer. Public sanitary sewer is available to the subdivision and
the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the
subdivision in accordance with plans and specifications approved by the Director of Public
Grand Island Council Session - 11/24/2020 Page 129 / 299
- 3 -
Works, and subject to the City’s inspection. Sanitary sewer connections for all lots are subject to
assessments. The existing lots, Lots 2 and 3 of Bosselville Fifth Subdivision, have combined
assessments of $127,452.91. Public Works will propose that the Grand Island City Council,
acting as the Board of Equalization, reapportion the $127,452.91 due for the assessments based
the number and size of the lots.
4.Storm Drainage. The Subdivider agrees to grade all lots in the
subdivision in conjunction with the development proposed thereon so that storm drainage is
conveyed to a public right-of-way or to other drainage systems so approved by the Director of
Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a
drainage district to perform such work. The Subdivider agrees to waive the right to object to the
creation of any drainage district benefitting the subdivision.
5.Sidewalks. The Subdivider shall install and maintain all public sidewalks
required by the City of Grand Island when the lots are built upon, and such sidewalk shall be
regulated and required with the building permit for each such lot.
The Subdivider must select curb or conventional sidewalk for each street unless the
requirement has been waived by Council.
Street Name Curb sidewalk Conventional
Sidewalk
Sidewalk Requirement
Waived by Council
Wood River Road x NO
Bosselman Avenue x NO
NO
6.Flood Plain. Since all of the subdivision is within a delineated flood
plain, all structures within areas identified as a special flood hazard area constructed shall have
Grand Island Council Session - 11/24/2020 Page 130 / 299
- 4 -
the lowest floor elevation to a minimum of one foot above the elevation of the 100-year flood as
determined by the building permit received by the Subdivider or successors from the Building
Department under the provisions of applicable Federal, State, or local laws and regulations. No
basement shall be constructed in connection with any structure in the flood plain unless such
basement is floodproofed and certified as such by a qualified engineer or architect.
7.Landscaping. The Subdivider agrees to comply with the requirements of
the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved
by the City's Building Department.
8.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
9.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
Grand Island Council Session - 11/24/2020 Page 131 / 299
- 5 -
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
10.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as BOSSELVILLE SIXTH
SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for
examination, if necessary, upon request of the City of Grand Island.
11.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Dated _____________________, 2020.
BOSSELMAN, INC., A NEBRASKA
CORPORATION, Subdivider
By: ____________________________________
Charles D. Bosselman, Jr., Chairman &
CEO
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Charles D. Bosselman, Jr., a Nebraska Corporation, known personally to me
to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the
execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of Bosselman, Inc.
WITNESS my hand and notarial seal the date above written.
Grand Island Council Session - 11/24/2020 Page 132 / 299
- 6 -
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2020-____, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
Grand Island Council Session - 11/24/2020 Page 133 / 299
- 7 -
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 11/24/2020 Page 134 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-297
WHEREAS know all men by these presents, that Bosselman, INC., A Nebraska
Corporation, being the owners of the land described hereon, has caused same to be surveyed,
subdivided, platted and designated as “BOSSELVILLE SIXTH SUBDIVISION”, A replat of all
of Lots 2 and 3, Bosselville Fifth Subdivision, in the jurisdiction of City of Grand Island, Hall
County, Nebraska; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of BOSSELVILLE SIXTH
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 135 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-8
#2020-298 - Approving Final Plat and Subdivision Agreement for
Continental Gardens Second Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/24/2020 Page 136 / 299
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 24, 2020
Subject:Continental Gardens Second Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located north of State Street and east of Webb Road in Grand Island,
Nebraska. (2 lots, 13.56 acres). This property is zoned RO – Residential Office, CD –
Commercial Development and R3 Medium Density Residential. A Replat of all of Block
3, Continental Gardens, and a tract of land consisting of part of the Southwest Quarter of
the Northwest Quarter (SW ¼ , NW ¼ ) of Section Eight (8), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., All in the City of Grand Island, Hall County,
Nebraska , Hall County, Nebraska.
Discussion
The final plat for Continental Gardens Second Subdivision were considered at the
Regional Planning Commission at the November 4, 2020 meeting.
A motion was made by Maurer and second by Rainforth to approve Continental
Gardens Second Subdivision.
The motion was carried with nine members voting in favor (O’Neill, Ruge, Doane,
Monter, Robb, Rubio, Hendricksen, Robb and Rainforth) with no members voting no.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 11/24/2020 Page 137 / 299
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/24/2020 Page 138 / 299
Developer/Owner
Principal Life Insurance Co
711 High Street
Des Moines, IA 50392
To create
Size: Final Plat 2 lots, 13.560 Acres
Zoning: RO – Residential Office, CD – Commercial Development Zone, R3 Medium Density Residential
Road Access: State Street and College Street are paved City Street. No Access will be permitted on Webb Road.
Water: City water is available.
Sewer: City Sewer is available.
Grand Island Council Session - 11/24/2020 Page 139 / 299
S0°46'29"E 229.73'(M) 229.85'(P)S89°36'45"W 422.91'(M) 423'(P2,D)S00°47'46"E 239.55'(M)240.0'(P1) 240'(D)N89°38'52"E 423.06'(M) 423'(D)
N89°37'23"E 423.14'(M)229.55'(M)10.00'(M)
N89°38'52"E 447.21'(M) 447.0'(P1)N00°49'53"W 239.81'(M) 240'(D)10' ROAD RIGHT-OF-WAY
DEDICATED
WITH THIS PLAT
LOT 1
WEBB ROADSTATE STREET
COLLEGE STREET
N89°35'14"E 291.58'(M) 291.55'(P)
R=237.00'(M,P)
Δ=13°46'54"
L=57.01'
CB=S83°28'54"E
CH=56.87'(M) 56.88'(P)N41°11'39"E 214.77'(M) 214.81'(P)N00°49'11"W 387.06'(M) 387.08'(P)N89°36'28"E 540.03'(M) 540.01'(P)N01°29'47"W 214.20'(M) 214.00'(P)N89°05'26"W
1.07'(M) 1.00'(P)
N01°46'18"W
5.98'(M) 6.00'(P)
N54°28'32"W
17.03'(M)
17.20'(P)
S89°33'51"W 1020.13'(M) 1020.07'(P)S0°46'29"E 229.73'(M) 229.85'(P)N89°38'52"E
24.15'(M,P)S00°49'46"E 234.70'(M)234.07'(P) 234.0'(P1)N88°35'56"W
18.14'(M)
18.18'(P) 18.0'(P1)S00°48'01"E 306.48'(M)306.45'(P) 306.37'(P1)N02°07'12"W
10.08'(M,P2)
10' UTILITY EASEMENT
DEDICATED
WITH THIS PLAT
10' UTILITY EASEMENT
DEDICATED
WITH THIS PLAT
25' ACCESS EASEMENT
DEDICATED
WITH THIS PLAT
12.5'
N89°33'54"E
60.61'(M)S00°26'06"E 229.76'(M)N89°34'53"E 1318.70'(M)
N89°38'52"E 447.21'(M) 447.0'(P1)N00°49'53"W 239.81'(M) 240'(D)438.45'(M)581.68'(M)
10' DRAINAGE
EASEMENT
DEDICATED
WITH THIS PLAT
10' DRAINAGE EASEMENT
LOT 1
LOT 2
POB
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801MATCH LINE A-AMATCH LINE A-AOWNERS: PRINCIPAL LIFE INSURANCE CO
SUBDIVIDER: PRINCIPAL LIFE INSURANCE CO
SURVEYOR: OLSSON
ENGINEER: OLSSON
NUMBER OF LOTS: 2
A REPLAT OF ALL OF REPLAT OF BLOCK 3, CONTINENTAL GARDENS, AND A TRACT OF LAND CONSISTING OF PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER (SW1/4, NW1/4) OF SECTION EIGHT (8), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF REPLAT OF BLOCK 3, CONTINENTAL GARDENS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
S00°48'01"E, ALONG AN EAST LINE OF SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS, A DISTANCE OF 306.48 FEET; THENCE N88°35'56"W, ALONG SAID REPLAT
OF BLOCK 3, CONTINENTAL GARDENS, A DISTANCE OF 18.14 FEET; THENCE S00°49'46"E, ALONG AN EAST LINE OF SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS,
A DISTANCE OF 234.70 FEET TO THE SOUTHWEST CORNER OF BLOCK 2, CONTINENTAL GARDENS; THENCE N89°38'52"E, ALONG THE SOUTH LINE OF BLOCK 2,
CONTINENTAL GARDENS, A DISTANCE OF 447.21 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE S00°47'46"E, ALONG THE EAST LINE OF BLOCK 21,
UNIVERSITY PLACE, A DISTANCE OF 239.55 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER (W1/2, NW 1/4) OF SECTION
8-T11N-R9W; THENCE S89°36'45"W, ALONG THE NORTH RIGHT-OF-WAY LINE OF STATE STREET, A DISTANCE OF 422.91 FEET; THENCE N02°07'12"W A DISTANCE OF
10.08 FEET TO THE SOUTHEAST CORNER, SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS; THENCE S89°33'51"W, ALONG SAID NORTH RIGHT-OF-WAY LINE AND
ALSO BEING THE SOUTH LINE, SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS, A DISTANCE OF 1020.13 FEET; THENCE N54°28'32"W, ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 17.03 FEET; THENCE N01°46'18"W, ALONG THE EAST RIGHT-0F-WAY LINE OF WEBB ROAD, A DISTANCE OF 5.98 FEET; THENCE N89°05'26"W,
ALONG SAID RIGHT-0F-WAY LINE, A DISTANCE OF 1.07 FEET; THENCE N01°29'47"W, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 214.20 FEET TO AN WESTERLY
CORNER OF SAID REPLAT OF BLOCK 3 AND ALSO BEING ON SAID EAST RIGHT-OF-WAY LINE OF WEBB ROAD; THENCE N89°36'28"E, ALONG A SOUTH LINE OF BLOCK 4,
CONTINENTAL GARDENS, A DISTANCE OF 540.03 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 4, CONTINENTAL GARDENS; THENCE N00°49'11"W, ALONG AN
EAST LINE OF SAID BLOCK 4, A DISTANCE OF 387.06 FEET; THENCE N41°11'39"E, ALONG AN EAST LINE OF SAID BLOCK 4, A DISTANCE OF 214.77 FEET TO A POINT OF
CURVATURE AND ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF COLLEGE STREET; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN A COUNTER CLOCKWISE
DIRECTION, HAVING A DELTA ANGLE 13°46'54", HAVING A RADIUS OF 237.00 FEET, AND CHORD BEARING S83°28'54"E A DISTANCE OF 56.87 FEET; THENCE
N89°35'14"E, ALONG SAID RIGHT-0F-WAY LINE, A DISTANCE OF 291.58 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF
590689.01 SQUARE FEET OR 13.560 ACRES MORE OR LESS OF WHICH 0.097 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY.
PROPERTY LINE
SECTION CORNER
SECTION LINE
SET CORNER (5/8"x24" REBAR W/CAP)
MEASURED DISTANCEM
P
SUBDIVISION BOUNDARY LINE
NEW PROPERTY LINE
FOUND CORNER (AS NOTED)
P1
P2
STORM SEWER LINE
WATER LINE
GAS LINE
SANITARY SEWER LINE
BUILDING LINE
SIGN
ELECTRIC MANHOLE
WATER VALVE
FIRE HYDRANT
UNDERGROUND ELECTRIC
ELECTRIC BOX
TELEPHONE RISER
STORM DRAIN MANHOLE
SANITARY MANHOLE
GRATE INLET
ELECTRICAL RISER
CABLE BOX
ELECTRIC CABINET
UNDERGROUND CABLE
ELECTRIC VAULT
WOODEN FENCE
GAS RISER
UNDERGROUND FIBER OPTIC
WATER SPRINKLER VALVE
PLATTED DISTANCE REPLAT OF
BLOCK 3 CONTINENTAL GARDENS
PLATTED DISTANCE
CONTINENTAL GARDENS
PLATTED DISTANCE
ISLAND ACRES NUMBER 7
EASEMENT DISTANCEE
Grand Island Council Session - 11/24/2020 Page 140 / 299
WEBB ROADSTATE STREET
COLLEGE STREET
N89°35'14"E 291.58'(M) 291.55'(P)
R=237.00'(M,P)
Δ=13°46'54"
L=57.01'
CB=S83°28'54"E
CH=56.87'(M) 56.88'(P)N41°11'39"E 214.77'(M) 214.81'(P)N00°49'11"W 387.06'(M) 387.08'(P)N89°36'28"E 540.03'(M) 540.01'(P)N01°29'47"W 214.20'(M) 214.00'(P)N89°05'26"W
1.07'(M) 1.00'(P)
N01°46'18"W
5.98'(M) 6.00'(P)
N54°28'32"W
17.03'(M)
17.20'(P)
S89°33'51"W 1020.13'(M) 1020.07'(P)S00°49'46"E 234.70'(M)234.07'(P) 234.0'(P1)N88°35'56"W
18.14'(M)
18.18'(P) 18.0'(P1)S00°48'01"E 306.48'(M)306.45'(P) 306.37'(P1)N02°07'12"W
10.08'(M,P2)
S89°36'45"W 422.91'(M) 423'(P2,D)
10' UTILITY EASEMENT
DEDICATED
WITH THIS PLAT
10' UTILITY EASEMENT
DEDICATED
WITH THIS PLAT
25' ACCESS EASEMENT
DEDICATED
WITH THIS PLAT
12.5'
N89°33'54"E
60.61'(M)S00°26'06"E 229.76'(M)N89°34'53"E 1318.70'(M)
N89°38'52"E 447.21'(M) 447.0'(P1)
10' ROAD RIGHT-OF-WAY
438.45'(M)581.68'(M)
10' DRAINAGE
EASEMENT
DEDICATED
WITH THIS PLAT
10' DRAINAGE EASEMENT
LOT 1
LOT 2
SOUTHWEST CORNER, WEST 1/2, NORTHWEST 1/4, SEC 8-T11N-R9W
FOUND ALUMINUM CAP AT GRADE IN NORTH EDGE OF STATE STREET
N 1.00' TO NORTH BACK OF CURB OF STATE STREET
NE 34.25' TO 5/8" REBAR
NE 10.75' TO MAG NAIL IN JOINT OF SIDEWALK NEAR CENTER OF WALK
NW 10.12' TO MAG NAIL IN JOINT OF SIDEWALK, NEAR CENTER OF WALK
SOUTHEAST CORNER, WEST 1/2, NORTHWEST 1/4, SEC 8-T11N-R9W
FOUND 5/8" REBAR, 0.20' BELOW GRADE
S 1.16' TO NORTH EDGE OF CONCRETE WALK
ENE 5.04' TO 'X' NAILS IN SW FACE OF POWER POLE
SSW 69.0' TO OPERATION NUT 2018 KENNEDY FIRE HYDRANT
SW 11.85' TO CHISELED 'X' AT SE CORNER OF CONCRETE PAD FOR STORM
SEWER JUNCTION BOX
N 43.60' TO REDHEAD NAIL IN EAST FACE OF WOOD POST
OWNERS: PRINCIPAL LIFE INSURANCE CO
SUBDIVIDER: PRINCIPAL LIFE INSURANCE CO
SURVEYOR: OLSSON
ENGINEER: OLSSON
NUMBER OF LOTS: 2
PROPERTY LINE
SECTION CORNER
SECTION LINE
SET CORNER (5/8"x24" REBAR W/CAP OR AS NOTED)
MEASURED DISTANCE
PLATTED DISTANCE REPLAT OF BLOCK 3 CONTINENTAL GARDENS
M
P
SUBDIVISION BOUNDARY LINE
NEW PROPERTY LINE
FOUND CORNER (AS NOTED)
POB
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801MATCH LINE A-APLATTED DISTANCE CONTINENTAL GARDENSP1
PLATTED DISTANCE ISLAND ACRES NUMBER 7P2
EASEMENT DISTANCEE
Grand Island Council Session - 11/24/2020 Page 141 / 299
N02°07'12"W
10.08'(M,P2)
S89°36'45"W 422.91'(M) 423'(P2,D)S00°47'46"E 239.55'(M)240.0'(P1) 240'(D)N89°37'23"E 423.14'(M)229.55'(M)10.00'(M)
N89°38'52"E 447.21'(M) 447.0'(P1)
10' ROAD RIGHT-OF-WAY
DEDICATED
WITH THIS PLAT
LOT 1
A REPLAT OF ALL OF REPLAT OF BLOCK 3, CONTINENTAL GARDENS, AND A TRACT OF LAND CONSISTING OF PART OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER (SW1/4, NW1/4) OF SECTION EIGHT (8), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN THE CITY
OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF REPLAT OF BLOCK 3, CONTINENTAL GARDENS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
S00°48'01"E, ALONG AN EAST LINE OF SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS, A DISTANCE OF 306.48 FEET; THENCE N88°35'56"W, ALONG SAID
REPLAT OF BLOCK 3, CONTINENTAL GARDENS, A DISTANCE OF 18.14 FEET; THENCE S00°49'46"E, ALONG AN EAST LINE OF SAID REPLAT OF BLOCK 3,
CONTINENTAL GARDENS, A DISTANCE OF 234.70 FEET TO THE SOUTHWEST CORNER OF BLOCK 2, CONTINENTAL GARDENS; THENCE N89°38'52"E, ALONG
THE SOUTH LINE OF BLOCK 2, CONTINENTAL GARDENS, A DISTANCE OF 447.21 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE S00°47'46"E,
ALONG THE EAST LINE OF BLOCK 21, UNIVERSITY PLACE, A DISTANCE OF 239.55 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST
QUARTER (W1/2, NW 1/4) OF SECTION 8-T11N-R9W; THENCE S89°36'45"W, ALONG THE NORTH RIGHT-OF-WAY LINE OF STATE STREET, A DISTANCE OF
422.91 FEET; THENCE N02°07'12"W A DISTANCE OF 10.08 FEET TO THE SOUTHEAST CORNER, SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS; THENCE
S89°33'51"W, ALONG SAID NORTH RIGHT-OF-WAY LINE AND ALSO BEING THE SOUTH LINE, SAID REPLAT OF BLOCK 3, CONTINENTAL GARDENS, A DISTANCE
OF 1020.13 FEET; THENCE N54°28'32"W, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 17.03 FEET; THENCE N01°46'18"W, ALONG THE EAST
RIGHT-0F-WAY LINE OF WEBB ROAD, A DISTANCE OF 5.98 FEET; THENCE N89°05'26"W, ALONG SAID RIGHT-0F-WAY LINE, A DISTANCE OF 1.07 FEET;
THENCE N01°29'47"W, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 214.20 FEET TO AN WESTERLY CORNER OF SAID REPLAT OF BLOCK 3 AND ALSO
BEING ON SAID EAST RIGHT-OF-WAY LINE OF WEBB ROAD; THENCE N89°36'28"E, ALONG A SOUTH LINE OF BLOCK 4, CONTINENTAL GARDENS, A DISTANCE
OF 540.03 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 4, CONTINENTAL GARDENS; THENCE N00°49'11"W, ALONG AN EAST LINE OF SAID BLOCK 4, A
DISTANCE OF 387.06 FEET; THENCE N41°11'39"E, ALONG AN EAST LINE OF SAID BLOCK 4, A DISTANCE OF 214.77 FEET TO A POINT OF CURVATURE AND
ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF COLLEGE STREET; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN A COUNTER CLOCKWISE
DIRECTION, HAVING A DELTA ANGLE 13°46'54", HAVING A RADIUS OF 237.00 FEET, AND CHORD BEARING S83°28'54"E A DISTANCE OF 56.87 FEET; THENCE
N89°35'14"E, ALONG SAID RIGHT-0F-WAY LINE, A DISTANCE OF 291.58 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF
590689.01 SQUARE FEET OR 13.560 ACRES MORE OR LESS OF WHICH 0.097 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY THAT ON _____________________________, 2020, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A
TRACT OF LAND CONSISTING OF A REPLAT OF ALL OF REPLAT OF BLOCK 3, CONTINENTAL GARDENS, AND A TRACT OF LAND CONSISTING OF PART OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW1/4, NW1/4) OF SECTION EIGHT (8), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF
THE 6TH P.M., ALL IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS,
EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE
WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.
___________________________________________________
JESSE E. HURT, REGISTERED LAND SURVEYOR NUMBER, LS-674
KNOW ALL MEN BY THESE PRESENTS, THAT PRINCIPAL LIFE INSURANCE COMPANY, AN IOWA CORPORATION, BEING THE
OWNERS OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND
DESIGNATED AS "" A REPLAT OF ALL OF REPLAT OF BLOCK
3, CONTINENTAL GARDENS, AND A TRACT OF LAND CONSISTING OF PART OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER (SW1/4, NW1/4) OF SECTION EIGHT (8), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST
OF THE 6TH P.M., ALL IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING
PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR
USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER
FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS
OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR
PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT
THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS
PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND
PROPRIETORS.
IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO,
AT____________________ (CITY) , ____________________ (STATE)
THIS ____ DAY OF ____________________, 2020.
_____________________________________
WILLIAM G. JOHNSON, ASSISTANT DIRECTOR
PRINCIPAL LIFE INSURANCE COMPANY, AN IOWA CORPORATION
ON THIS ____ DAY OF ___________, 2020, BEFORE ME ____________________________, A NOTARY PUBLIC WITHIN AND FOR
SAID COUNTY, PERSONALLY APPEARED WILLIAM G. JOHNSON, ASSISTANT DIRECTOR , PRINCIPAL LIFE INSURANCE COMPANY, AN
IOWA CORPORATION, TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND
ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO
SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ____________________ (CITY) , ____________________ (STATE), ON
THE DATE LAST ABOVE WRITTEN.
MY COMMISSION EXPIRES ___________
_____________________________
NOTARY PUBLIC
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF
GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA.
_______________________________ __________
CHAIRPERSON DATE
APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA
THIS _______ DAY OF _______________________ , 2020.
_______________________________
MAYOR
_______________________________
CITY CLERKMATCH LINE A-AGrand Island Council Session - 11/24/2020 Page 142 / 299
SUBDIVISION AGREEMENT
CONTINENTAL GARDENS SECOND SUBDIVISION
2 LOTS
In the City of Grand Island, Hall County Nebraska
The undersigned PRINCIPAL LIFE INSURANCE COMPANY, AN IOWA
CORPORATION, hereinafter called the Subdivider, as owner of a tract of land in the City of
Grand Island, Hall County, Nebraska, more particularly described as follows:
A REPLAT OF ALL OF REPLAT OF BLOCK 3,
CONTINENTAL GARDENS, AND A TRACT OF LAND
CONSISTING OF PART OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER (SW1/4,
NW1/4) OF SECTION EIGHT (8), TOWNSHIP ELEVEN
(11) NORTH, RANGE NINE (9) WEST OF THE 6TH
P.M., ALL IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF
REPLAT OF BLOCK 3, CONTINENTAL GARDENS,
SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE S00°48'01"E, ALONG AN EAST
* This Space Reserved for Register of Deeds *
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- 2 -
LINE OF SAID REPLAT OF BLOCK 3, CONTINENTAL
GARDENS, A DISTANCE OF 306.48 FEET; THENCE
N88°35'56"W, ALONG SAID REPLAT OF BLOCK 3,
CONTINENTAL GARDENS, A DISTANCE OF 18.14
FEET; THENCE S00°49'46"E, ALONG AN EAST LINE
OF SAID REPLAT OF BLOCK 3, CONTINENTAL
GARDENS, A DISTANCE OF 234.70 FEET TO THE
SOUTHWEST CORNER OF BLOCK 2, CONTINENTAL
GARDENS; THENCE N89°38'52"E, ALONG THE
SOUTH LINE OF BLOCK 2, CONTINENTAL
GARDENS, A DISTANCE OF 447.21 FEET TO THE
SOUTHEAST CORNER OF SAID BLOCK 2; THENCE
S00°47'46"E, ALONG THE EAST LINE OF BLOCK 21,
UNIVERSITY PLACE, A DISTANCE OF 239.55 FEET
TO THE SOUTHEAST CORNER OF THE WEST HALF
OF THE NORTHWEST QUARTER (W1/2, NW 1/4) OF
SECTION 8-T11N-R9W; THENCE S89°36'45"W,
ALONG THE NORTH RIGHT-OF-WAY LINE OF
STATE STREET, A DISTANCE OF 422.91 FEET;
THENCE N02°07'12"W A DISTANCE OF 10.08 FEET
TO THE SOUTHEAST CORNER, SAID REPLAT OF
BLOCK 3, CONTINENTAL GARDENS; THENCE
S89°33'51"W, ALONG SAID NORTH RIGHT-OF-WAY
LINE AND ALSO BEING THE SOUTH LINE, SAID
REPLAT OF BLOCK 3, CONTINENTAL GARDENS, A
DISTANCE OF 1020.13 FEET; THENCE N54°28'32"W,
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE
OF 17.03 FEET; THENCE N01°46'18"W, ALONG THE
EAST RIGHT-0F-WAY LINE OF WEBB ROAD, A
DISTANCE OF 5.98 FEET; THENCE N89°05'26"W,
ALONG SAID RIGHT-0F-WAY LINE, A DISTANCE OF
1.07 FEET; THENCE N01°29'47"W, ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 214.20 FEET
TO AN WESTERLY CORNER OF SAID REPLAT OF
BLOCK 3 AND ALSO BEING ON SAID EAST RIGHT-
OF-WAY LINE OF WEBB ROAD; THENCE
N89°36'28"E, ALONG A SOUTH LINE OF BLOCK 4,
CONTINENTAL GARDENS, A DISTANCE OF 540.03
FEET TO THE SOUTHEAST CORNER OF SAID
BLOCK 4, CONTINENTAL GARDENS; THENCE
N00°49'11"W, ALONG AN EAST LINE OF SAID
BLOCK 4, A DISTANCE OF 387.06 FEET; THENCE
N41°11'39"E, ALONG AN EAST LINE OF SAID
BLOCK 4, A DISTANCE OF 214.77 FEET TO A POINT
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- 3 -
OF CURVATURE AND ALSO BEING THE SOUTH
RIGHT-OF-WAY LINE OF COLLEGE STREET;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY
LINE, IN A COUNTER CLOCKWISE DIRECTION,
HAVING A DELTA ANGLE 13°46'54", HAVING A
RADIUS OF 237.00 FEET, AND CHORD BEARING
S83°28'54"E A DISTANCE OF 56.87 FEET; THENCE
N89°35'14"E, ALONG SAID RIGHT-0F-WAY LINE, A
DISTANCE OF 291.58 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS A
CALCULATED AREA OF 590689.01 SQUARE FEET
OR 13.560 ACRES MORE OR LESS OF WHICH 0.097
ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY;
desires to have subdivided as a subdivision the foregoing tract of land located within the
corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as CONTINENTAL GARDENS SECOND SUBDIVISION,
designating explicitly the land to be laid out and particularly describing the lots, easements, and
streets belonging to such subdivision, with the lots designated by number, easements by
dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally
approved by the Regional Planning Commission and the City Council to be acknowledged by
such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a
dedication of the easements to the use and benefit of public utilities, and of the street to the use
of the public forever. In consideration of the acceptance of the plat of said CONTINENTAL
GARDENS SECOND SUBDIVISION, the Subdivider hereby consents and agrees with the City
of Grand Island, Nebraska, that it will install or provide at its expense the following
improvements:
1.Paving. The Subdivider agrees to waive the right to object to the creation
Grand Island Council Session - 11/24/2020 Page 145 / 299
- 4 -
of any paving or repaving district for Webb Road, State Street and College Street where they
abut the subdivision.
2.Water. Public water is available to the subdivision and the Subdivider
agrees to extend, connect and provide water service to all lots in the subdivision in accordance
with plans and specifications approved by the Director of Public Works, and subject to the City’s
inspection.
3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and
the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the
subdivision in accordance with plans and specifications approved by the Director of Public
Works, and subject to the City’s inspection.
4.Storm Drainage. The Subdivider agrees to provide and maintain positive
drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a
public right-of-way or to other drainage systems so approved by the Director of Public Works. If
the Subdivider fails to grade and maintain such drainage the City may create a drainage district
to perform such work. The Subdivider agrees to waive the right to object to the creation of any
drainage district benefitting the subdivision.
A drainage easement as shown on the plat across lot 2 is provided for lot 1 to drain to the storm
sewer using the drainage as it was designed prior to this subdivision when the property was in
single ownership. All drainage pipes and systems within this easement are private and must be
maintained by a separate agreement between the owners of lots 1 and 2.
5.Sidewalks. The Subdivider shall maintain all public sidewalks required
by the City of Grand Island.
6.Landscaping. The Subdivider agrees to comply with the requirements of
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- 5 -
the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved
by the City's Building Department.
7.Access to Lot 2. Lot 2 may only be accessed from State Street by the
existing drive way along the east property line and/or additional drive to be located no closer
than 300 feet from the intersection of Webb Road and State Street. No access shall be permitted
from Webb Road.
8.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
9.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
Grand Island Council Session - 11/24/2020 Page 147 / 299
- 6 -
10.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known CONTINENTAL
GARDENS SECOND SUBDIVISION, and that an abstract of title or title insurance
commitment will be submitted for examination, if necessary, upon request of the City of Grand
Island.
11.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Dated _____________________, 2020.
PRINCIPAL LIFE INSURANCE
COMPANY, AN IOWA CORPORATION
Subdivider
By: ____________________________________
William G. Johnson, Assistant Director
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared William G. Johnson, Assistant Director of Principal Life Insurance
Company, an Iowa Corporation, known personally to me to be the identical person and such officer who signed the
foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the
purpose therein expressed on behalf of Principal Life Insurance Company.
Grand Island Council Session - 11/24/2020 Page 148 / 299
- 7 -
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2020-____, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 11/24/2020 Page 149 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-298
WHEREAS know all men by these presents, that Principal Life Insurance
Company, and Iowa Corporation, being the owners of the land described hereon, has caused
same to be surveyed, subdivided, platted and designated as “CONTINENTAL GARDENS
SECOND SUBDIVISION”, A replat of all of Block 3, Continental Gardens, and a tract of land
consisting of part of part of the southwest quarter of the northwest quarter (SW ¼ , NW ¼ ) of
Section eight (8), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., all in the
City of Grand Island, Hall County, Nebraska; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of CONTINENTAL
GARDENS SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby
approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby
authorized to execute the approval and acceptance of such plat by the City of Grand Island,
Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 150 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-9
#2020-299 - Approving Final Plat and Subdivision Agreement for
NCC-1701B Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/24/2020 Page 151 / 299
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 24, 2020
Subject:NCC – 1701B Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located west of Webb Road and north of Capital Avenue in Grand Island,
Nebraska. (2 lots, 1.07 acres). This property is zoned R1 Suburban Density Residential. A
tract of land being Lot 2 of NCC-1701A Subdivision and a part of the southeast quarter
(SE ¼ ) of Section One (1), Township Eleven (11) North, Range Ten (10) West of the 6th
P.M., all in the City of Grand Island, Hall County, Nebraska.
Discussion
The final plat for NCC – 1701B Subdivision were considered at the Regional Planning
Commission at the November 4, 2020 meeting.
A motion was made by Maurer and second by Rainforth to approve NCC – 1701B
Subdivision.
The motion was carried with nine members voting in favor (O’Neill, Ruge, Doane,
Monter, Robb, Rubio, Hendricksen, Robb and Rainforth) with no members voting no.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 11/24/2020 Page 152 / 299
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/24/2020 Page 153 / 299
Developer/Owner
Clarice A. Shaw
2648 North Webb Road
Grand Island, NE 68803
To create
Size: Final Plat 2 lots 1.07 acres
Zoning: R1 –Suburban Density Residential
Road Access: Webb Road is a rural section city street.
Water: City water is available.
Sewer: City Sewer is available.
Grand Island Council Session - 11/24/2020 Page 154 / 299
Grand IslandCouncil Session - 11/24/2020Page 155 / 299
SUBDIVISION AGREEMENT
NCC-1701B SUBDIVISION
2 LOTS
In the City of Grand Island, Hall County Nebraska
The undersigned CLARICE A. SHAW and TIMOTHY L. GRANDON,
hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall
County, Nebraska, more particularly described as follows:
Lot Two (2), NCC-1701A Subdivision, in the City of Grand
Island, Hall County, Nebraska, and A tract of land being part of the
Southeast Quarter (SE1/4) of Section 1, Township 11 North,
Range 10 West of the 6th P.M., Hall County, Nebraska more
particularly described as follows: Commencing at the Southeast
Corner of the said Southeast Quarter (SE1/4) thence North
00°23’56” West on the easterly line of the said Southeast Quarter
(SE1/4) a distance of 1124.39 feet to the Southeast Corner of a
tract of land recorded and described in Instrument Number 82-
004367 on the Hall County Register of Deeds Office and also
being the POINT OF BEGINNING; thence North 89°52’32” West
on the southerly line of said record tract a distance of 263.83 feet
to the southwesterly corner of said record tract; thence North
00°27’35” West on the westerly line of said record tract a distance
of 50.84 feet to the northwesterly corner of said record tract:
thence South 89°40’25” East on the northerly line of said record
tract a distance of 263.89 feet to the northeasterly corner of said
record tract and the easterly line of Southeast Quarter (SE1/4);
* This Space Reserved for Register of Deeds *
Grand Island Council Session - 11/24/2020 Page 156 / 299
- 2 -
thence South 00°23’56” East on said easterly section line a
distance of 49.91 feet to the point of beginning.
desires to have subdivided as a subdivision the foregoing tract of land located within the
corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as NCC-1701B SUBDIVISION, designating explicitly the land to be
laid out and particularly describing the lots, easements, and streets belonging to such subdivision,
with the lots designated by number, easements by dimensions, and streets by name, and proposes
to cause the plat of such subdivision when finally approved by the Regional Planning
Commission and the City Council to be acknowledged by such owner, certified as to accuracy of
survey by a registered land surveyor, and to contain a dedication of the easements to the use and
benefit of public utilities, and of the street to the use of the public forever. In consideration of the
acceptance of the plat of said NCC-1701B SUBDIVISION, the Subdivider hereby consents and
agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the
following improvements:
1.Paving. The Subdivider agrees to waive the right to object to the creation
of any paving or repaving district for Webb Road where it abuts the subdivision.
2.Water. Public water supply is available to the subdivision, and all new
structures requiring service shall be connected to such water supply.
3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and
all new structures requiring service shall be connected to such sanitary sewer supply.
4.Storm Drainage. The Subdivider agrees to provide and maintain positive
Grand Island Council Session - 11/24/2020 Page 157 / 299
- 3 -
drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a
public right-of-way or to other drainage systems so approved by the Director of Public Works. If
the Subdivider fails to grade and maintain such drainage, the City may create a drainage district
to perform such work. The Subdivider agrees to waive the right to object to the creation of any
drainage district benefitting the subdivision.
5.Sidewalks. Immediate sidewalk construction adjacent to Webb Road
shall be waived. However, the sidewalks shall be constructed when the property owner is
directed to do so by the City Council. In the event a Street Improvement District is created to
pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within
one year of the completion of such street improvement district in accordance with the City of
Grand Island Sidewalk Policy.
6.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
7.Accessory Structures on Lot 1. The Subdivider agrees to build a house
or other permitted principal use on lot 1 within 1 year of approval of this subdivision or remove
the accessory buildings and return the lot to a vacant state.
8.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
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- 4 -
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
9.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as NCC-1701B
SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for
examination, if necessary, upon request of the City of Grand Island.
10.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Dated _____________________, 2020
CLARICE A. SHAW, Subdivider TIMOTHY L. GRANDON, Subdivider
By: ________________________________By:
Clarice A. Shaw Timothy L. Grandon
Grand Island Council Session - 11/24/2020 Page 159 / 299
- 5 -
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Clarice A. Shaw, landowner, known personally to me to be the identical
person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof
to be his voluntary act and deed for the purpose therein expressed.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Timothy L. Grandon, landowner, known personally to me to be the identical
person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof
to be his voluntary act and deed for the purpose therein expressed.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
Grand Island Council Session - 11/24/2020 Page 160 / 299
- 6 -
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2020, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2020-____, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 11/24/2020 Page 161 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-299
WHEREAS know all men by these presents, that Clarice A Shaw, a single
person, and Timothy L. Grandon, a single person, being the owners of the land described hereon,
has caused same to be surveyed, subdivided, platted and designated as “NCC-1701B
SUBDIVISION”, A tract of land being Lot 2 of NCC-1701A Subdivision and a part of the
Southeast Quarter (SE ¼ ) of Section One (1), Township Eleven (11) North, Range Ten (10)
West of the 6th P.M., all in the City of Grand Island, Hall County, Nebraska; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of NCC-1701B
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 162 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-10
#2020-300 - Approving Certificate of Final Completion - Water
Main Project 2020-W-1 - Lincoln and Delta
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 11/24/2020 Page 163 / 299
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:November 24, 2020
Subject:Certificate of Final Completion for Water Main Project
2020-W-1 – Lincoln Avenue and Delta Street
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Water Main Project 2020-W-1 has been completed by the Diamond Engineering
Company of Grand Island, Nebraska. The water main project installed approximately 500
linear feet of 8” diameter ductile iron water main by trenchless construction within
Lincoln Avenue beginning at Delta Street and extending north. The work connected two
existing dead-end water mains, completing the water main loop in the area. A site map of
the area is attached for reference.
Discussion
The project has been completed in accordance with the terms and conditions of the
contract documents and plans. The final contract amount for the work was $120,023.43.
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 accept the Certificate of Final
Completion for Water Main Project 2020-W-1, Lincoln Avenue and Delta Street.
Sample Motion
Move to approve the Certificate of Final Completion for Water Main Project 2020-W-1,
Lincoln Avenue and Delta Street.
Grand Island Council Session - 11/24/2020 Page 164 / 299
GAMMA ST
DELTA STLINCOLN AVE SEDDY ST SLOCUST ST S2020-W-1Lincoln and Delta´
Work Area
Grand Island Council Session - 11/24/2020 Page 165 / 299
Grand Island Council Session - 11/24/2020 Page 166 / 299
Grand Island Council Session - 11/24/2020 Page 167 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-300
WHEREAS, the Utilities Engineer and Public Works Director have issued a
Certificate of Final Completion for Water Main Project 2020-W-1 within Lincoln Avenue of the
City of Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand
Island, Nebraska has completed such project according to the terms, conditions, and stipulations
of the contract, plans and specifications for such improvements; and
WHEREAS, the Public Works Directors recommends the acceptance of the
Engineer’s Certificate of Final Completion; and
WHEREAS, the Mayor concurs with the recommendation of the 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
Water Main Project 2020-W-1 – Lincoln Avenue and Delta Street, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
____________________________
Roger G. Steele, Mayor
Attest:
________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 168 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-11
#2020-301 - Approving Change Order #1 - Water Main Project
2020-W-5 - Pleasant View Drive and Delaware Avenue
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/24/2020 Page 169 / 299
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:November 24, 2020
Subject:Change Order #1 – Water Main Project 2020-W-5 –
Pleasant View Drive
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Water Main Project 2020-W-5 installed approximately 120 linear feet of 6” diameter
ductile iron water main for water main lowerings in both the Pleasant View
Drive/Phoenix Avenue and Pleasant View Drive/Delaware Avenue intersections. The
project resolved previously unknown storm sewer and water main conflicts within the
two intersections.
Discussion
The original contract was awarded by City Council on March 24, 2020, in the amount of
$98,855.06, to the Starostka Group Unlimited, Inc., of Grand Island, Nebraska.
During the process of constructing the water main, materials were added or deducted to
complete the work. Unit prices were provided in the Contract and specified that the
contractor be paid based on actual quantity installed, times the Contract’s unit price.
Dewatering was not required which contributed to the reduced project cost. The total
adjustment for the project is a deduct of $8,510.60.
The original Engineer’s Estimate was $125,000.00. The original contract amount was
$98,855.06. The total changes to the contract amount to a deduct of $8,510.60. This
results in a final contract cost of $90,344.46.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 11/24/2020 Page 170 / 299
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #1with the
Starostka Group Unlimited, Inc., for Water Main Project 2020-W-5, in the amount of a
deduct of $8,510.60, for a total contract amount of $90,344.46.
Sample Motion
Move to approve Change Order #1 for Water Main Project 2020-W-5, in the amount of a
deduct of $8,510.60.
Grand Island Council Session - 11/24/2020 Page 171 / 299
Grand Island Council Session - 11/24/2020 Page 172 / 299
UTILITIES DEPARTMENT - ENGINEERING DIVISION
Telephone 308.385.5463
FAX 308.382.0558
Working Together for a
Better Tomorrow, Today.
CHANGE ORDER #1
NAME OF PROJECT: Water Main Project 2020-W-5
CONTRACTOR: Starostka Group Unlimited Inc.
429 Industrial Lane
Grand Island, NE 68803
OWNER: City of Grand Island, NE
THE FOLLOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY ORDERED: BID INSTALLED
ITEM DESCRIPTION QUANTITY UNIT Unit Price $ QUANTITY UNIT $ +/-
D.1.01 6" S.J. D.I. PIPE 117.30 LF $237.00 121.20 LF $924.30
D.1.09 POLYWRAP 117.30 LF $7.20 121.20 LF $28.08
D.1.10 THRUST BLOCK 9.00 EA $197.00 10.00 EA $197.00
D.1.12 6”X24” OFFSET FITTING 1.00 EA $401.00 0.00 EA -$401.00
D.1.18 REMOVE CURB 114.30 LF $2.55 108.70 LF -$14.28
D.1.19 REPLACE INTEGRAL CURB 114.30 LF $39.75 108.70 LF -$222.60
D.1.20 REMOVE ROADWAY 248.80 SY $27.80 252.70 SY $108.42
D.1.21 REPLACE ROADWAY 248.80 SY $80.00 252.70 SY $312.00
D.1.22 REMOVE SIDEWALK 398.10 SF $2.20 479.80 SF $179.74
D.1.23 REPLACE SIDEWALK 398.10 SF $7.55 479.80 SF $616.83
D.1.25 SOD 332.40 SF $0.95 712.30 SF $360.91
D.1.26 DEWATERING 2.00 LS $5,300.00 0.00 LS -$10,600.00
SUBTOTAL D.1.01-D.1.27 (DEDUCT): ($ 8,510.60)
THIS CHANGE ORDER DEDUCT AMOUNT: ($ 8,510.60)
ORIGINAL CONTRACT AMOUNT: $ 98,855.06
REVISED CONTRACT AMOUNT (including this Change Order) $ 90,344.46
REASONS FOR MODIFICATIONS:
During the process of constructing the contract, materials were added or deducted to complete
the work. Unit prices were provided in the Contract and specified that the contractor be paid on
the basis of actual quantity installed, times the Contract’s unit prices.
Contractor: Date:
Starostka Group Unlimited, Inc.
Owner: Date:
City of Grand Island, NE
Grand Island Council Session - 11/24/2020 Page 173 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-301
WHEREAS, Water Main Project 2020-W-5 installed approximately 120 linear
feet of 6” diameter ductile iron water main for water main lowerings in both the Pleasant View
Drive/Phoenix Avenue and Pleasant View Drive/Delaware Avenue intersections to resolve
previously unknown storm sewer and water main conflicts with the two intersections; and
WHEREAS, the original contract was awarded by Council on March 24, 2020, in
the amount of $98,855.06 to Starostka Group, Unlimited, Inc., of Grand Island, Nebraska; and
WHEREAS, during the process of constructing the water main, materials were
added or deducted to complete the work and unit prices were provided in the Contract and
specified that the contractor be paid on the basis of actual quantity installed, times the Contract’s
unit price; and
WHEREAS, dewatering was not required which contributed to the reduced
project cost in the amount of $8,510.60; and
WHEREAS, the original contract amount was $98,855.06, and the total changes
to the contract amount to a deduct of $8,510.60, resulting in a final contract cost of $90,344.46.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for the construction
of Water Main Project 2020-W-5 in the amount of a deduct of $8,510.60 is approved, and the
Mayor is hereby authorized to sign the Change Order on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 174 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-12
#2020-302 - Approving Acquisition of Public Access Easement in
King’s Crossing Subdivision (Parcel No. 400149117- Grand Island
Hotel, LLC)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 175 / 299
Approved as to Form ¤ ___________
November 18, 2020 ¤ City Attorney
R E S O L U T I O N 2020-302
WHEREAS, a public access easement is required by the City of Grand Island, from the
property owner of Parcel No. 400149117, City of Grand Island, Hall County, Nebraska and more
particularly described as follows:
AN ACCESS EASEMENT CONSISTING OF PART OF LOT 1 OF KING'S CROSSING SUBDIVISION IN
THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE
SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF HIGHWAY 34, THE NORTHEAST CORNER OF LOT 3
OF SAID KING'S CROSSING SUBDIVISION AND THE POINT OF BEGINNING; THENCE ON AN
ASSUMED BEARING OF N89°47'28"E ALONG A NORTHERLY LINE OF SAID LOT 1 A DISTANCE
OF 50.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID KING'S CROSSING
SUBDIVISION; THENCE S00°12'32"E ALONG AN EASTERLY LINE OF SAID LOT 1 A DISTANCE OF
95.45 FEET TO A EASTERLY CORNER OF SAID LOT, SAID POINT ALSO BEING A POINT OF
CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A
RADIUS OF 75.00, A DELTA ANGLE OF 65°02'42", AN ARC LENGTH OF 85.14 FEET AND A
CHORD BEARING S32°43'53"E FOR A DISTANCE OF 80.64 FEET TO A EASTERLY CORNER OF
SAID LOT 1; THENCE S29°23'27"W ALONG AND EASTERLY LINE OF SAID LOT 1 A DISTANCE OF
53.19 FEET TO A EASTERLY CORNER OF SAID LOT 1; THENCE N63°26'05"W A DISTANCE OF
75.14 FEET TO A WESTERLY CORNER OF SAID LOT 1; THENCE N00°12'32"W ALONG A
WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 175.85 FEET TO THE POINT OF BEGINNING.
SAID ACCESS EASEMENT CONTAINS 11,578 SQUARE FEET OR 0.27 ACRES MORE OR LESS.
WHEREAS, an agreement for such easement has been reviewed and approved by the City
Legal Department; and
WHEREAS, there is no cost for the acquisition of such easement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to
enter into the agreement for the public access easement on the above described tract of land.
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, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 176 / 299
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
P.O.B.
AN ACCESS EASEMENT CONSISTING OF PART OF LOT 1 OF KING'S CROSSING SUBDIVISION IN THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY
(R.O.W.) LINE OF HIGHWAY 34, THE NORTHEAST CORNER OF LOT 3 OF SAID KING'S CROSSING SUBDIVISION AND
THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N89°47'28"E ALONG A NORTHERLY LINE OF
SAID LOT 1 A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID KING'S CROSSING
SUBDIVISION; THENCE S00°12'32"E ALONG AN EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 95.45 FEET TO A
EASTERLY CORNER OF SAID LOT, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE AROUND A CURVE IN
A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 75.00, A DELTA ANGLE OF 65°02'42", AN ARC LENGTH
OF 85.14 FEET AND A CHORD BEARING S32°43'53"E FOR A DISTANCE OF 80.64 FEET TO A EASTERLY CORNER OF
SAID LOT 1; THENCE S29°23'27"W ALONG AND EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 53.19 FEET TO A
EASTERLY CORNER OF SAID LOT 1; THENCE N63°26'05"W A DISTANCE OF 75.14 FEET TO A WESTERLY CORNER OF
SAID LOT 1; THENCE N00°12'32"W ALONG A WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 175.85 FEET TO THE
POINT OF BEGINNING. SAID ACCESS EASEMENT CONTAINS 11,578 SQUARE FEET OR 0.27 ACRES MORE OR LESS.
HIGHWAY 34
ACCESS EASEMENT DESCRIPTION
EASEMENT LINE
ACCESS EASEMENT AREA
EXISTING PROPERTY LINE
ACCESS EASEMENT
Grand Island Council Session - 11/24/2020 Page 177 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-13
#2020-303 - Approving Change Order No. 2 for Moores Creek
Drain Extension- North Road to Engleman Road; Project No.
2020-D-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 178 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Approving Change Order No. 2 for Moores Creek Drain
Extension- North Road to Engleman Road; Project No.
2020-D-1
Presenter(s):John Collins PE, Public Works Director
Background
Mid Nebraska Land Developers, LLC of Aurora, Nebraska was awarded a $239,593.20
contract on May 26, 2020, via Resolution No. 2020-123, for Moores Creek Drain
Extension- North Road to Engleman Road; Project No. 2020-D-1.
On September 22, 2020, via Resolution No. 2020-237, Grand Island City Council
approved Change Order No. 1 to the original agreement for this project, which allowed
for a time extension from September 4, 2020 to November 15, 2020. There was no cost
associated with such change order.
This project will build a portion of the Moores Creek Drainage Ditch extension, which
will develop drainage to the southwest, serve current areas, as well as the proposed US
Highway 30 realignment project. This portion of Moores Creek will provide a drainage
outlet to the rapidly expanding Copper Creek Subdivision. The proposed route is shown
on the attached exhibit.
Discussion
During construction of the Moores Creek Drain Extension- North Road to Engleman
Road; Project No. 2020-D-1 further work was found to be necessary for completion.
Removal of a barb wire fence, additional grading and concrete debris removal will allow
for a clean finished product. At this time Change Order No. 2 is requested for this project
in the amount of $17,138.50, resulting in a revised total contract amount of $256,731.70.
Grand Island Council Session - 11/24/2020 Page 179 / 299
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 2 in the
amount of $17,138.50 for the Moores Creek Extension- North Road to Engleman Road;
Project No. 2020-D-1 with Mid Nebraska Land Developers, Inc.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/24/2020 Page 180 / 299
CHANGE ORDER NO. 2
PROJECT:Moores Creek Drain Extension- North Road to Engleman Road;
Project No. 2020-D-1
CONTRACTOR: Mid Nebraska Land Developers, LLC
AMOUNT OF CONTRACT: $239,593.20
CONTRACT DATE: May 26, 2020
Removal of a barb wire fence, additional grading and concrete debris removal
Item
No.
Description Quantity Unit Unit Price Extended
Price
CO2-1 Remove Barb Wire Fence 1,064.00 LF $ 1.50 $ 1,596.00
CO2-2 Remove CM Pipe & Additional Grading 1.00 LS $ 1,450.00 $ 1,450.00
CO2-3 Remove Miscellaneous Concrete Debris 1.00 LS $14,092.50 $14,092.50
Change Order No. 2 $17,138.50
Original Contract Amount ……………..$ 239,593.20
Change Order No. 1 ……………..$ 0.00
Change Order No. 2 ……………..$ 17,138.50
Revised Contract Amount ……………..$ 256,731.70
The Above Change Order Accepted:
Mid Nebraska Land Developers, LLC
By____________________________________Date_______________________
Approval Recommended:
By______________________________________________Date________________
John Collins PE, Public Works Director/City Engineer
Approved for the City of Grand Island, Nebraska
By____________________________________Date________________________
Mayor
Attest_________________________________
City Clerk
Grand Island Council Session - 11/24/2020 Page 181 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-303
WHEREAS, on May 26, 2020, via Resolution 2020-123, the City of Grand Island
awarded Mid Nebraska Land Developers, LLC of Aurora, Nebraska the bid in the amount of
$239,593.20 for Moores Creek Drain Extension- North Road to Engleman Road; Project No.
2020-D-1; and
WHEREAS, on September 22, 2020, via Resolution No. 2020-237, Grand Island
City Council approved Change Order No. 1, which allowed for a time extension from September
4, 2020 to November 15, 2020, at no additional cost; and
WHEREAS, further work was found to be necessary for completion, consisting of
removal of a barb wire fence, additional grading and concrete debris removal, whichwill allow
for a clean finished product; and
WHEREAS, at this time Change Order No. 2 in the amount of $17,138.50 is
requested, resulting in a revised total contract amount of $256,731.70.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 2 between the City of Grand Island and
Mid Nebraska Land Developers, LLC of Aurora, Nebraska to provide the requested time
extension for Moores Creek Drain Extension- North Road to Engleman Road; Project No. 2020-
D-1.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 182 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-14
#2020-304 - Approving Change Order No. 2 for the 2020 Asphalt
Resurfacing Project No. 2020-AC-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 183 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Approving Change Order No. 2 for the 2020 Asphalt
Resurfacing Project No. 2020-AC-1
Presenter(s):John Collins PE, Public Works Director
Background
Gary Smith Construction Co., Inc. of Grand Island, Nebraska was awarded a $898,534.85
contract on March 24, 2020, via Resolution No. 2020-76, for the 2020 Asphalt
Resurfacing Project No. 2020-AC-1.
On September 22, 2020, via Resolution No. 2020-231, Grand Island City Council
approved Change Order No. 1 to the project which allowed for a time extension to
compete the project from September 4, 2020 to November 15, 2020. This change order
was at no cost to the City.
This year’s work involves asphalt resurfacing on the following City streets.
Section #1– Husker Highway; US Highway 30 to Regal Drive
Section #2– Engleman Road; Husker Highway to US Highway 30
Section #3– Schimmer Drive; North Road to Blaine Street
Section #4- Blaine Street; Schimmer Drive to US Highway 34
Discussion
Coordination for sections near railroad crossings has proven to be a lengthier process
than anticipated, which requires more time than planned for. A time extension is being
requested from November 15, 2020 to July 1, 2021.
There will be no cost associated with Change Order No. 2, leaving the contract agreement
amount of $898,534.85.
Grand Island Council Session - 11/24/2020 Page 184 / 299
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 2 for the
2020 Asphalt Resurfacing Project No. 2020-AC-1 with Gary Smith Construction Co.,
Inc. of Grand Island, Nebraska.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/24/2020 Page 185 / 299
CHANGE ORDER NO. 2
PROJECT:2020 Asphalt Resurfacing Project No. 2020-AC-1
CONTRACTOR:Gary Smith Construction Co., Inc.
AMOUNT OF CONTRACT: $898,534.85
CONTRACT DATE: April 1, 2020
Contract Price Prior to this Change Order…………………………………$ 898,534.85
Net Increase Resulting from this Change Order……………………………$ 0
Revised Contract Price Including this Change Order………………………$ 898,534.85
Notice to Proceed Date ------------------------------------------------------------------------------ April 2, 2020
Original Completion Date ---------------------------------------------------------------------------September 4, 2020
First Revised Completion Date --------------------------------------------------------------------November 15, 2020
Second Revised Completion Date --------------------------------------------------------------- July 1, 2021
The Above Change Order Accepted:
Gary Smith Construction Co., Inc.
By____________________________________Date_______________________
Approval Recommended:
By______________________________________________Date________________
John Collins PE, Public Works Director/City Engineer
Approved for the City of Grand Island, Nebraska
By____________________________________Date________________________
Mayor
Attest_________________________________
City Clerk
Grand Island Council Session - 11/24/2020 Page 186 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-304
WHEREAS, on March 24, 2020, via Resolution No.2020-76, the City of Grand
Island awarded Gary Smith Construction Co., Inc. of Grand Island, Nebraska the bid in the
amount of $898,534.85 for Asphalt Resurfacing Project No. 2020-AC-1; and
WHEREAS, on September 22, 2020, via Resolution No. 2020-231, Grand Island
City Council approved Change Order No. 1, at no cost, to the project which allowed for a time
extension to compete the project from September 4, 2020 to November 15, 2020; and
WHEREAS, it has been determined that additional time is necessary to complete
such project; and
WHEREAS, such modifications have been incorporated into Change Order No. 2;
and
WHEREAS, there will be no cost associated with such time extension, leaving the
contract agreement amount of $898,534.85; and
WHEREAS, the project completion date will be extended from November 15,
2020 to July 1, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 1, at no additional cost, between the City
of Grand Island and Gary Smith Construction Co., Inc. of Grand Island, Nebraska to provide the
modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 187 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-15
#2020-305 - Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Transportation for Calendar
Year 2021
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 188 / 299
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:November 24, 2020
Subject:Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Transportation for
Calendar Year 2021
Presenter(s):John Collins PE, Public Works Director
Background
Each year the City and the Nebraska Department of Transportation enter into an
agreement for the maintenance of Highways within the City Limits. The agreement for
2021 has been prepared. The content and scope of the agreement is the same as that of
previous years.
The certification that calendar year 2020 work was performed by the City will be
presented at the January 12, 2021 City Council meeting.
Discussion
The maintenance responsibilities by statute are detailed in Exhibit A of the agreement.
Calculations for payments are detailed in Exhibit B. Surface maintenance and snow
removal responsibilities from an operational efficiency stand point are detailed in Exhibit
C. The net result of this exchange of services for 2020 will be a payment to the City of
$46,562.80.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass a resolution approving
Maintenance Agreement No. 12 for calendar year 2021.
Sample Motion
Motion to approve Maintenance Agreement No. 12 for calendar year 2021.
Grand Island Council Session - 11/24/2020 Page 189 / 299
Grand Island Council Session - 11/24/2020 Page 190 / 299
Grand Island Council Session - 11/24/2020 Page 191 / 299
Grand Island Council Session - 11/24/2020 Page 192 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-305
WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into
Maintenance Agreement No. 12 with the State of Nebraska Department of Transportation with
respect to the maintenance of state highways within the corporate limits of Grand Island; and
WHEREAS, this agreement requires annual renewal by both parties thereto; and
WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance
Agreement No. 12 to be effective January 1, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA that Maintenance Agreement No. 12 between the
City and the State of Nebraska Department of Transportation for the term January 1, 2021
through December 31, 2021 is hereby approved; and 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, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 193 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-16
#2020-306 - Approving Acquisition of Public Right-of-Way for
Capital Avenue Drainage Improvements- North Road to Moores
Creek; Project No. 2020-D-2 (Irvine- Parcel No. 400149524; North
of Capital Avenue, East of North Road)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 194 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-306
WHEREAS, public right-of-way is required by the City of Grand Island for
Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2, to
construct and maintain such project; and
WHEREAS, acquisition of the public utility easements is as follows:
Property Owner Legal Description Amount
Pamela S. Irvine
and
Robin R. Irvine
A TRACT OF LAND LOCATED IN THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION 1, TOWNSHIP 11
NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER (SW 1/4) OF SEC. 1, T11N,
R10W, THENCE ON AN ASSUMED BEARING OF
N89°52'56"W ALONG THE SOUTH LINE OF SAID SEC. 1,
A DISTANCE OF 110.00 FEET; THENCE N00°31'57"W A
DISTANCE OF 58.00 FEET TO THE POINT OF
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE
OF CAPITAL AVENUE AND THE WEST LINE OF CITY
OF GRAND ISLAND DRAINAGE RIGHT-OF-WAY,
INSTRUMENT #84005216, ALSO BEING THE POINT OF
BEGINNING; THENCE N89°53'10"W ALONG SAID
NORTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE,
LINE ALSO BEING THE NORTH LINE OF INSTRUMENT
#87104372, A DISTANCE OF 2126.85 FEET TO THE
SOUTHEAST CORNER OF LOT 1, PRIMROSE
SUBDIVISION; THENCE N00°29'56"W ALONG THE EAST
LINE OF SAID LOT 1, PRIMROSE SUBDIVISION, A
DISTANCE OF 47.14 FEET; THENCE S89°52'56"E A
DISTANCE OF 2126.83 FEET TO A POINT ON THE WEST
LINE OF SAID INSTRUMENT #84005216; THENCE
S00°31'57"E ALONG SAID WEST LINE, A DISTANCE OF
47.00 FEET TO A POINT OF BEGINNING. SAID TRACT
CONTAINS 2.30 ACRES MORE OR LESS.
$57,500.00
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island
be, and hereby is, authorized to acquire such public right-of-way from the listed property owner,
on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 195 / 299
020-0583PROJECT NO:
DRAWN BY:
11.18.2020DATE:
LS
EXHIBIT
RIGHT OF WAY TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
SITE LOCATION
SEC. 1 T11N-R10W
RIGHT-OF-WAY DESCRIPTION
CAPITAL AVENUE
P.O.B.
Grand Island Council Session - 11/24/2020 Page 196 / 299
Grand Island Council Session - 11/24/2020 Page 197 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-17
#2020-307 - Approving Temporary Construction Easement for
Capital Avenue Drainage Improvements- North Road to Moores
Creek; Project No. 2020-D-2 (Parcel No. 400149524- Irvine - North
of Capital Avenue, East of North Road)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 198 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Approving Temporary Construction Easement for Capital
Avenue Drainage Improvements- North Road to Moores
Creek; Project No. 2020-D-2 (Parcel No. 400149524-
Irvine North of Capital Avenue, East of North Road)
Presenter(s):John Collins PE, Public Works Director
Background
The Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No.
2020-D-2 is for drainage improvements associated with the paving improvement project
known as Capital Avenue- Moores Creek Drainway to North Road Roadway
Improvements; Project No. 2020-P-1. The Engineering Division of the Public Works
Department is proposing a concrete curb and gutter roadway section with associated
sidewalk, traffic control, drainage and all other related improvements needed to complete
the project.
Discussion
A temporary construction easement is needed for Capital Avenue Drainage
Improvements- North Road to Moores Creek; Project No. 2020-D-2 to be constructed.
Public Works staff negotiated with the affected property owner for use of the temporary
construction easement area, with the necessary documents signed. The cost for this
easement is for the impacts to the property.
Property Owner Legal Description Amount
Pamela S. Irvine
and
Robin R. Irvine
A TEMPORARY EASEMENT LOCATED IN THE
SOUTHWEST QUARTER (SW 1/4) OF SECTION 1,
TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH
P.M., CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE
SW 1/4 OF SEC. 1, T11N, R10W, THENCE ON AN
ASSUMED BREAING N89°52'56"W ALONG THE SOUTH
LINE OF SAID SEC. 1, A DISTANCE OF 110.00 FEET;
$36,800.00
Grand Island Council Session - 11/24/2020 Page 199 / 299
THENCE N00°31'57"W ALONG THE WEST LINE OF
INSTRUMENT #84005216, A DISTANCE OF 105.00 FEET
TO A POINT OF BEGINNING; THENCE N89°52'56"W
ALONG THE NORTH LINE OF A PROPOSED RIGHT-OF-
WAY TRACT, A DISTANCE OF 2126.83 FEET TO A POINT
ON THE EAST LINE OF LOT 1, PRIMROSE SUBDIVISION;
THENCE N00°29'56"W ALONG SAID EAST LINE OF SAID
LOT 1, PRIMROSE SUBDIVISION, A DISTANCE OF 10.00
FEET; THENCE S89°52'56"E A DISTANCE OF 2126.82
FEET TO A POINT ON THE WEST LINE OF SAID
INSTRUMENT #84005216; THENCE S00°31'57"E ALONG
SAID WEST LINE OF INSTRUMENT #84005216, A
DISTANCE OF 10.00 FEET TO A POINT OF BEGINNING.
SAID TEMPORARY EASEMENT CONTAINS 0.49 ACRES
MORE OR LESS.
TOTAL= $36,800.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Temporary Construction
Easement between the City of Grand Island and the affected property owner for Capital
Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2.
Sample Motion
Move to approve the temporary construction easement.
Grand Island Council Session - 11/24/2020 Page 200 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-307
WHEREAS, a temporary construction easement is required by the City of Grand
Island for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No.
2020-D-2, to construct such project; and
WHEREAS, acquisition of the temporary easement is as follows:
Property Owner Legal Description Amount
Pamela S. Irvine
and
Robin R. Irvine
A TEMPORARY EASEMENT LOCATED IN
THE SOUTHWEST QUARTER (SW 1/4) OF
SECTION 1, TOWNSHIP 11 NORTH, RANGE
10 WEST OF THE 6TH P.M., CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA, AND
MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST
CORNER OF THE SW 1/4 OF SEC. 1, T11N,
R10W, THENCE ON AN ASSUMED BREAING
N89°52'56"W ALONG THE SOUTH LINE OF
SAID SEC. 1, A DISTANCE OF 110.00 FEET;
THENCE N00°31'57"W ALONG THE WEST
LINE OF INSTRUMENT #84005216, A
DISTANCE OF 105.00 FEET TO A POINT OF
BEGINNING; THENCE N89°52'56"W ALONG
THE NORTH LINE OF A PROPOSED RIGHT-
OF-WAY TRACT, A DISTANCE OF 2126.83
FEET TO A POINT ON THE EAST LINE OF
LOT 1, PRIMROSE SUBDIVISION; THENCE
N00°29'56"W ALONG SAID EAST LINE OF
SAID LOT 1, PRIMROSE SUBDIVISION, A
DISTANCE OF 10.00 FEET; THENCE
S89°52'56"E A DISTANCE OF 2126.82 FEET
TO A POINT ON THE WEST LINE OF SAID
INSTRUMENT #84005216; THENCE
S00°31'57"E ALONG SAID WEST LINE OF
INSTRUMENT #84005216, A DISTANCE OF
10.00 FEET TO A POINT OF BEGINNING.
SAID TEMPORARY EASEMENT CONTAINS
0.49 ACRES MORE OR LESS.
$36,800.00
TOTAL= $36,800.00
Grand Island Council Session - 11/24/2020 Page 201 / 299
- 2 -
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire such temporary easement from the listed property owner, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 202 / 299
020-0583PROJECT NO:
DRAWN BY:
11.18.2020DATE:
LS
EXHIBITTEMPORARY
EASEMENT TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
SITE LOCATION
SEC. 1 T11N-R10W
TEMPORARY EASEMENT DESCRIPTION
CAPITAL AVENUE
P.O.B.
Grand Island Council Session - 11/24/2020 Page 203 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-18
#2020-308 - Approving Acquisition of Public Easement for Old
Potash Highway Roadway Improvements; Project No. 2019-P-1
(HMS Enterprises, Inc. - 3333 W Old Potash Highway)
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 204 / 299
Approved as to Form ¤ ___________
November 18, 2020 ¤ City Attorney
R E S O L U T I O N 2020-308
WHEREAS, public 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 Amount
HMS Enterprises, Inc.
A PERMANENT ACCESS EASEMENT LOCATED IN PART OF
LOT 2, ANTONSON SECOND SUBDIVISION, GRAND ISLAND,
HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE NORTH 8000 FEET OF THE EAST 20.00 FEET OF SAID
LOT 2. SAID PERMANENT ACCESS EASEMENT CONTAINS
1600 SQ FT MORE OR LESS.
AND
A PERMANENT UTILITY EASEMENT LOCATED IN PART OF
LOT 2, ANTONSON SECOND SUBDIVISION, IN THE CITY OF
GRAND ISLAND, NEBRASKA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF THE WEST 10.00 FEET OF SAID
LOT 2. SAID PERMANENT EASEMENT CONTAINS 100 SQ FT
MORE OR LESS.
$4,250.00
TOTAL= $4,250.00
WHEREAS, public easement agreements 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 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, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 205 / 299
Grand Island Council Session - 11/24/2020 Page 206 / 299
Grand Island Council Session - 11/24/2020 Page 207 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-19
#2020-309 - Approving Temporary Construction Easement for Old
Potash Highway Roadway Improvements; Project No. 2019-P-1
(HMS Enterprises, Inc.- 3333 W Old Potash Highway, USCOC
Nebraska/Kansas, LLC- 3560 Kaufman Avenue)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 208 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Approving Temporary Construction Easement for Old
Potash Highway Roadway Improvements; Project No.
2019-P-1 (HMS Enterprises, Inc. - 3333 W Old Potash
Highway, USCOC Nebraska/Kansas, LLC - 3560
Kaufman 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.
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 - 11/24/2020 Page 209 / 299
Property Owner Legal Description Cost
HMS ENTERPRISES,
INC.
A TEMPORARY EASEMENT LOCATED IN PART OF LOT 2,
ANTONSON SECOND SUBDIVISION, IN THE CITY OF
GRAND ISLAND, NEBRASKA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 2,
ANTONSON SECOND SUBDIVISION, IN THE CITY OF
GRAND ISLAND, NEBRASKA, SAID POINT ALSO BEING
THE NORTHWEST CORNER OF A PROPOSED UTILITY
EASEMENT; THENCE ON AN ASSUMED BEARING OF
N89o28’48”E ALONG THE NORTH LINE OF SAID LOT 2,
LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF
OLD POTASH HIGHWAY, A DISTANCE OF 10.00 FEET TO
THE NORTHEAST CORNER OF SAID PROPOSED UTILITY
EASEMENT, SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE N89o28’48”E, ALONG THE NORTH
LINE OF SAID LOT 2, A DISTANCE OF 206.00 FEET TO THE
NORTHWEST CORNER OF A PROPOSED ACCESS
EASEMENT; THENCE S00o31’16”E PARALLEL TO AND
20.00 FEET WEST OF THE EAST LINE OF SAID LOT 2, A
DISTANCE OF 80.00 FEET TO THE SOUTHWEST CORNER
OF SAID PROPOSED ACCESS EASEMENT; THENCE
N89o28’48”E PARALLEL TO AND 80.00 FEET SOUTH OF
THE NORTH LINE OF SAID LOT 2, LINE ALSO BEING THE
SOUTH LINE OF SAID PROPOSED ACCESS EASEMENT, A
DISTANCE OF 20.00 FEET TO A POINT ON THEE EAST
LINE OF SAID LOT 2; THENCE S00o31’16”E ALONG THE
EAST LINE OF SAID LOT 2, A DISTANCE OF 15.00 FEET;
THENCE S89o28’48”W A DISTANCE OF 55.00 FEET;
THENCE N00o31’16”W PARALLEL TO AND 55.00 FEET
WEST OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF
72.00 FEET; THENCE S89o28’48”W PARALLEL TO AND
23.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 30.00 FEET; THENCE N00o31’16”W
PARALLEL TO AND 85.00 FEET WEST OF THE EAST LINE
OF SAID LOT 2, A DISTANCE OF 16.00 FEET; THENCE
S89o28’48”W PARALLEL TO AND 7.00 FEET SOUTH OF
THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 79.82
FEET; THENCE S01o27’43”E A DISTANCE OF 16.00 FEET;
THENCE S89o28’48”W PARALLEL TO AND 23.00 FEET
SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE
OF 46.13 FEET; THENCE N01o27’43”W A DISTANCE OF 8.00
FEET; THENCE S89o28’48”W PARALLEL TO AND 15.00
FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 24.94 FEET TO A POINT OF THE WEST LINE
OF SAID LOT 2; THENCE N01o27’43”W ALONG THE WEST
LINE OF SAID LOT 2, A DISTANCE OF 5.00 FEET TO THE
SOUTHWEST CORNER OF SAID PROPOSED UTILITY
EASEMENT; THENCE N89o28”48”E PARALLEL TO AND
10.00 SOUTH OF THE NORTH LINE OF SAID LOT 2, LINE
ALSO BEING THE SOUTH LINE OF SAID PROPOSED
$15,750.00
Grand Island Council Session - 11/24/2020 Page 210 / 299
UTILITY EASEMENT, A DISTANCE OF 10.00 FEET TO THE
SOUTHEAST CORNER OF SAID PROPOSED UTILITY
EASEMENT; THENCE N01o27’43”W PARALLEL TO AND
10.00’ EAST OF THE WEST LINE OF SAID LOT 2, LINE
ALSO BEING THE EAST LINE OF SAID PROPOSED
UTILITY EASEMENT, A DISTANCE OF 10.00 FEET TO A
POINT OF BEGINNING. SAID TEMPORARY EASEMENT
CONTAINS 6208 SQ FT MORE OR LESS.
USCOC
Nebraska/Kansas, LLC
A TEMPORARY EASEMENT LOCATED IN PART OF LOT 5,
COMMONWEALTH BUSINESS PARK THIRD
SBUDIVISION, AS ADDITION TO THE CITY OF GRAND
ISLAND, NEBRASKA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5,
COMMONWEALTH BUSINESS PARK THIRD
SUBDIVISION, AN ADDITION TO THE CITY OF GRAND
ISLAND, NEBRASKA; THENCE ON AN ASSUMED
BEARING OF S89o09’17”W ALONG THE SOUTH LINE OF
SAID LOT 5, LINE ALSO BEING THE NORTH LINE OF
KAUFMAN AVENUE RIGHT-OF-WAY, A DISTANCE OF
22.43 FEET TO A POINT OF CURVATURE; THENCE ALONG
THE NORTH LINE OF A PROPOSED RIGHT-OF-WAY
TRACT, AROUND A CURVE IN A COUNTER-CLOCKWISE
DIRECTION HAVING A DELTA ANGLE OF 6o46’20”, A
RADIUS OF 780.00 FEET, A CHORD BEARING OF
S84o48’32”W, A CHORD DISTANCE OF 92.14 FEET, AN
ARCH LENGTH OF 92.20 FEET; THENCE S81o25’22”W
ALONG THE NORTH LINE OF SAID PROPOSED RIGHT-OF-
WAY TRACT, A DISTANCE OF 41.04 FEET TO A POINT ON
THE WEST LINE OF SAID LOT 5, POINT ALSO BEING THE
NORTHWEST CORNER OF SAID PROPOSED RIGHT-OF-
WAY TRACT; THENCE N01o32’13”W ALONG THE WEST
LINE OF SAID LOT 5, A DISTANCE OF 5.04 FEET; THENCE
N81o25’22”E A DISTANCE OF 40.42 FEET TO A POINT OF
CURVATURE; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF
6o46’31”, A RADIUS OF 785.00 FEET, A CHORD BEARING
OF N84o48’37”E, A CHORD DISTANCE OF 92.77 FEET, AN
ARCH LENGTH OF 92.783 FEET; THENCE N89o09’17”E
PARALLEL TO AND 5.00 FEET NORTH OF THE SOUTH
LINE OF SAID LOT 5, A DISTANCE OF 22.41 FEET TO A
POINT ON THE EAST LINE OF SAID LOT 5; THENCE
S01o36’15”E ALONG THE EAST LINE OF SAID LOT 5, A
DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
SAID TEMPORARY EASEMENT CONTAINS 778 SQ FT
MORE OR LESS.
$240.00
Total= $15,990.00
Grand Island Council Session - 11/24/2020 Page 211 / 299
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
$15,990.00.
Sample Motion
Move to approve the temporary construction easements.
Grand Island Council Session - 11/24/2020 Page 212 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-309
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
HMS ENTERPRISES,
INC.
A TEMPORARY EASEMENT LOCATED IN PART OF LOT 2,
ANTONSON SECOND SUBDIVISION, IN THE CITY OF GRAND
ISLAND, NEBRASKA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 2,
ANTONSON SECOND SUBDIVISION, IN THE CITY OF GRAND
ISLAND, NEBRASKA, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF A PROPOSED UTILITY EASEMENT;
THENCE ON AN ASSUMED BEARING OF N89o28’48”E ALONG
THE NORTH LINE OF SAID LOT 2, LINE ALSO BEING THE
SOUTH RIGHT-OF-WAY LINE OF OLD POTASH HIGHWAY, A
DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF
SAID PROPOSED UTILITY EASEMENT, SAID POINT ALSO
BEING THE POINT OF BEGINNING; THENCE N89o28’48”E,
ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF
206.00 FEET TO THE NORTHWEST CORNER OF A PROPOSED
ACCESS EASEMENT; THENCE S00o31’16”E PARALLEL TO AND
20.00 FEET WEST OF THE EAST LINE OF SAID LOT 2, A
DISTANCE OF 80.00 FEET TO THE SOUTHWEST CORNER OF
SAID PROPOSED ACCESS EASEMENT; THENCE N89o28’48”E
PARALLEL TO AND 80.00 FEET SOUTH OF THE NORTH LINE
OF SAID LOT 2, LINE ALSO BEING THE SOUTH LINE OF SAID
PROPOSED ACCESS EASEMENT, A DISTANCE OF 20.00 FEET
TO A POINT ON THEE EAST LINE OF SAID LOT 2; THENCE
S00o31’16”E ALONG THE EAST LINE OF SAID LOT 2, A
DISTANCE OF 15.00 FEET; THENCE S89o28’48”W A DISTANCE
OF 55.00 FEET; THENCE N00o31’16”W PARALLEL TO AND 55.00
FEET WEST OF THE EAST LINE OF SAID LOT 2, A DISTANCE
OF 72.00 FEET; THENCE S89o28’48”W PARALLEL TO AND 23.00
FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 30.00 FEET; THENCE N00o31’16”W PARALLEL TO
AND 85.00 FEET WEST OF THE EAST LINE OF SAID LOT 2, A
DISTANCE OF 16.00 FEET; THENCE S89o28’48”W PARALLEL TO
AND 7.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 79.82 FEET; THENCE S01o27’43”E A DISTANCE
OF 16.00 FEET; THENCE S89o28’48”W PARALLEL TO AND 23.00
FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 46.13 FEET; THENCE N01o27’43”W A DISTANCE
OF 8.00 FEET; THENCE S89o28’48”W PARALLEL TO AND 15.00
FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A
DISTANCE OF 24.94 FEET TO A POINT OF THE WEST LINE OF
SAID LOT 2; THENCE N01o27’43”W ALONG THE WEST LINE OF
SAID LOT 2, A DISTANCE OF 5.00 FEET TO THE SOUTHWEST
CORNER OF SAID PROPOSED UTILITY EASEMENT; THENCE
N89o28”48”E PARALLEL TO AND 10.00 SOUTH OF THE NORTH
LINE OF SAID LOT 2, LINE ALSO BEING THE SOUTH LINE OF
$15,750.00
Grand Island Council Session - 11/24/2020 Page 213 / 299
- 2 -
SAID PROPOSED UTILITY EASEMENT, A DISTANCE OF 10.00
FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED
UTILITY EASEMENT; THENCE N01o27’43”W PARALLEL TO
AND 10.00’ EAST OF THE WEST LINE OF SAID LOT 2, LINE
ALSO BEING THE EAST LINE OF SAID PROPOSED UTILITY
EASEMENT, A DISTANCE OF 10.00 FEET TO A POINT OF
BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 6208
SQ FT MORE OR LESS.
USCOC Nebraska/Kansas,
LLC
A TEMPORARY EASEMENT LOCATED IN PART OF LOT 5,
COMMONWEALTH BUSINESS PARK THIRD SBUDIVISION, AS
ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5,
COMMONWEALTH BUSINESS PARK THIRD SUBDIVISION, AN
ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA;
THENCE ON AN ASSUMED BEARING OF S89o09’17”W ALONG
THE SOUTH LINE OF SAID LOT 5, LINE ALSO BEING THE
NORTH LINE OF KAUFMAN AVENUE RIGHT-OF-WAY, A
DISTANCE OF 22.43 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE NORTH LINE OF A PROPOSED RIGHT-
OF-WAY TRACT, AROUND A CURVE IN A COUNTER-
CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF
6o46’20”, A RADIUS OF 780.00 FEET, A CHORD BEARING OF
S84o48’32”W, A CHORD DISTANCE OF 92.14 FEET, AN ARCH
LENGTH OF 92.20 FEET; THENCE S81o25’22”W ALONG THE
NORTH LINE OF SAID PROPOSED RIGHT-OF-WAY TRACT, A
DISTANCE OF 41.04 FEET TO A POINT ON THE WEST LINE OF
SAID LOT 5, POINT ALSO BEING THE NORTHWEST CORNER
OF SAID PROPOSED RIGHT-OF-WAY TRACT; THENCE
N01o32’13”W ALONG THE WEST LINE OF SAID LOT 5, A
DISTANCE OF 5.04 FEET; THENCE N81o25’22”E A DISTANCE OF
40.42 FEET TO A POINT OF CURVATURE; THENCE AROUND A
CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA
ANGLE OF 6o46’31”, A RADIUS OF 785.00 FEET, A CHORD
BEARING OF N84o48’37”E, A CHORD DISTANCE OF 92.77 FEET,
AN ARCH LENGTH OF 92.783 FEET; THENCE N89o09’17”E
PARALLEL TO AND 5.00 FEET NORTH OF THE SOUTH LINE OF
SAID LOT 5, A DISTANCE OF 22.41 FEET TO A POINT ON THE
EAST LINE OF SAID LOT 5; THENCE S01o36’15”E ALONG THE
EAST LINE OF SAID LOT 5, A DISTANCE OF 5.00 FEET TO THE
POINT OF BEGINNING. SAID TEMPORARY EASEMENT
CONTAINS 778 SQ FT MORE OR LESS.
$240.00
Total= $15,990.00
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.
Grand Island Council Session - 11/24/2020 Page 214 / 299
- 3 -
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-20
#2020-310 - Approving Acquisition of Public Right-of-Way for Old
Potash Highway Roadway Improvements; Project No. 2019-P-1
(USCOC Nebraska/Kansas, LLC- 3560 Kaufman Avenue)
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 218 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-310
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 a property owner
described as follows:
Property Owner Legal Description Amount
USCOC
Nebraska/Kansas,
LLC
A TRACT OF LAND LOCATED IN LOT 5, COMMONWEALTH
BUSINESS PARK THIRD SUBDIVISION, AN ADDITION TO THE
CITY OF GRAND ISLAND, NEBRASKA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 5,
COMMONWEALTH BUSINESS PARK THIRD SUBDIVISION, AN
ADDITION TO THE CITY OF GRAND ISLAND, NEBRASKA;
THENCE ON AN ASSUMED BEARING OF N01o32’13”W ALONG
THE WEST LINE OF SAID LOT 5, A DISTANCE OF 21.41 FEET;
THENCE N81o25’22”E A DISTANCE OF 41.04 FEET TO A POINT
OF CURVATURE; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECITON HAVING A DELTA ANGLE OF 6o46’20”,
A RADIUS OF 780.00 FEET, A CHORD BEARING OF N84o48’32”E,
A CHORD DISTANCE OF 92.14, AN ARCH LENGTH OF 92.20
FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 5, POINT
ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF
KAUFMAN AVENUE, POINT ALSO BEING A POINT OF
CURVATURE; THENCE ALONG THE SOUTH LINE OF SAID LOT
5, LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF
SAID KAUFMAN AVENUE, AROUND A CURVE IN A COUNTER-
CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF
29o20’48”, A RADIUS OF 269.56 FEET, A CHORD BEARING OF
S74o46’31”W WITH A CHORD DISTANCE OF 136.56 FEET, AN
ARCH LENGTH OF 138.07 FEET; TO A POINT OF BEGINNING.
SAID TRACT CONTAINS 815 SQ FT.
$2,450.00
Total= $2,450.00
WHEREAS, an agreements for the public right-of-way has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the agreement for the public right-of-way on the above
described tract of land.
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, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 219 / 299
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City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-21
#2020-311 - Year-End Certification of City Street Superintendent
for Determining Incentive Payment for Calendar Year 2020
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 222 / 299
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:November 24, 2020
Subject:Year-End Certification of City Street Superintendent for
Determining Incentive Payment for Calendar Year 2020
Presenter(s):John Collins PE, Public Works Director
Background
The Nebraska Department of Transportation offers an incentive payment to each
municipality that employs a licensed Street Superintendent. The incentive payment is
based on the level of licensure of such employee and the population of the municipality,
as set by Nebraska State Statue 39-2515. Grand Island would receive $4,000 for a Class
B License and $8,000 for a Class A License.
Furthermore, State of Nebraska Statutes, sections 39-2302 and 39-2511 thru 39-2515
require a Municipality to certify having a licensed Street Superintendent in its employ
during the calendar year preceding the year in which payment is made.
Discussion
Shannon Callahan, City of Grand Island Street Superintendent, held a Class A Street
Superintendent License and was employed with the City of Grand Island during the 2020
calendar year; therefore the City will receive the 2020 annual incentive payment of
$8,000 from the Nebraska Department of Transportation in February or March of 2021.
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 - 11/24/2020 Page 223 / 299
Recommendation
City Administration recommends that the Council approve the signing of the Year-End
Certification of City Street Superintendent for determining incentive payment for the
2020 calendar year.
Sample Motion
Move to approve the signing of the Year-End Certification of City Street Superintendent
for determining incentive payment for the 2020 calendar year.
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Grand Island Council Session - 11/24/2020 Page 226 / 299
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Grand Island Council Session - 11/24/2020 Page 228 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-22
#2020-312 - Approving Agreement with Nebraska Department of
Transportation (NDOT) for Highway 2 Improvements; Cairo to
Grand Island
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 229 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Approving Agreement with Nebraska Department of
Transportation (NDOT) for Highway 2 Improvements;
Cairo to Grand Island
Presenter(s):John Collins PE, Public Works Director
Background
The Nebraska Department of Transportation (NDOT) is preparing plans for
improvements to State Highway N-2 from Cairo to Grand Island, with the City cost
sharing on the portion within City limits.
All agreements must be approved by the City Council.
Discussion
The improvements to State Highway N-2 within City limits consist of removing and
replacing pavement with concrete, including shoulders; and curb & gutter and the raised
median island also being replaced.
The total cost of work within City limits is currently estimated to be $7,918,079.00 with
the City’s share at $1,878,894.00. The actual cost is likely to be greater than the
preliminary estimates as details of design are further developed. The current plan
involves full construction of Highway 2 within City limits due to poor pavement
condition. Funds will be budgeted in either fiscal year 2022 or 2023 depending on
progress of the project. The agreement is attached for further review.
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 - 11/24/2020 Page 230 / 299
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign the agreement.
Sample Motion
Move to approve authorization for the Mayor to sign the agreement.
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Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-312
WHEREAS, the Nebraska Department of Transportation is preparing plans for
improvements to State Highway N-2 from Cairo to Grand Island, with the City cost sharing on
the portion within City limits; and
WHEREAS, such improvements shall consist of removing and replacing
pavement with concrete, including shoulders; and curb & gutter and the raised median island
also being replaced; and
WHEREAS, the total cost of work within City limits is currently estimated to be
$7,918,079.00 with the City’s share at $1,878,894.00; and
WHEREAS, the actual cost is likely to be greater than the preliminary estimates
as details of design are further developed; and
WHEREAS, an agreement with the Nebraska Department of Transportation is
required to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska
Department of Transportation for the improvements to State Highway N-2 from Cairo to Grand
Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 250 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-23
#2020-313 - Approving Bid Award for Capital Avenue Drainage
Improvements- North Road to Moores Creek; Project No. 2020-D-
2
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 251 / 299
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 24, 2020
Subject:Approving Bid Award for Capital Avenue Drainage
Improvements- North Road to Moores Creek; Project No.
2020-D-2
Presenter(s):John Collins PE, Public Works Director
Background
On November 3, 2020 the Engineering Division of the Public Works Department
advertised for bids for Capital Avenue Drainage Improvements- North Road to Moores
Creek; Project No. 2020-D-2. The bid package for this project was sent to fifteen (15)
potential bidders.
This project will build a portion of drainage associated with the Capital Avenue- Moores
Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1. It also
allows for better drainage from the North Road improvement project and future paving &
drainage improvements west of North Road. The proposed route is shown on the attached
exhibit.
Discussion
Seven (7) bids were received and opened on November 17, 2020. The Engineering
Division of the Public Works Department and the Purchasing Division of the City
Attorney’s Office have reviewed the bids that were received. A summary of the bids is
shown below.
Bidder Exceptions Bid Price
Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros.
Contracting of Sutton, NE
None $215,348.70
AMP Works, LLC of Grand Island, NE None $232,983.47
Kokes Construction, LLC of Ord, NE None $250,284.90
The Diamond Engineering Co. of Grand Island, NE None $257,312.08*
Blessing Construction of Kearney, NE None $337,535.35
Starostka Group Unlimited, Inc. of Grand Island, NE None $356,560.80
Myers Construction, Inc. of Broken Bow, NE None $410,105.17
*Corrected Bid
The bid of Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton,
Nebraska is considered fair and reasonable and is well below the engineer’s estimate.
Grand Island Council Session - 11/24/2020 Page 252 / 299
Funds are available in Account No. 40000400-2000-40048.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the bid award to Van Kirk
Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska in amount of
$215,348.70.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 11/24/2020 Page 253 / 299
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 17, 2020 at 2:00 p.m.
FOR:Capital Avenue Drainage Improvements – North
Road to Moores Creek; Project No. 2020-D-2
DEPARTMENT:Public Works
ESTIMATE:$445,000.00
FUND/ACCOUNT:40000400-2000
PUBLICATION DATE:November 3, 2020
NO. POTENTIAL BIDDERS:15
SUMMARY
Bidder:AMP Works, LLC Kokes Construction, LLC
Grand Island, NE Ord, NE
Bid Security:Western Surety Co.Farmington Casualty Co.
Exceptions:None None
Bid Price:$232,983.47 $250,284.90
Bidder:Diamond Engineering Co.Blessing, LLC
Grand Island, NE Kearney, NE
Bid Security:Universal Surety Co.Hudson Insurance Co.
Exceptions:None None
Bid Price:$257,280.30 $337,535.35
Grand Island Council Session - 11/24/2020 Page 254 / 299
Bidder:Van Kirk Bros. Contracting Myers Construction, Inc.
Sutton, NE Broken Bow, NE
Bid Security:Universal Surety United Fire & casualty Co.
Exceptions:None None
Bid Price:$215,348.70 $410,105.17
Bidder:Starostka Group Unlimited, Inc.
Grand Island, NE
Bid Security:Universal Surety Co.
Exceptions:None
Bid Price:$356,560.80
cc:John Collins, Public Works Director Keith Kurz; Asst. Public Works Director
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Catrina Delosh, Admin. Asst. Public Works
P2236
Grand Island Council Session - 11/24/2020 Page 255 / 299
CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this _____day of ______________, 2020, by and between
_______________________________, hereinafter called the Contractor, and the City of Grand Island, Nebraska,
hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an
advertisement calling for bids to be published, for construction of CAPITAL AVENUE DRAINAGE
IMPROVEMENTS- NORTH ROAD TO MOORES CREEK; PROJECT NO. 2020-D-2; and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly
awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy
thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and
the Contractor for itself or themselves, and its or their successors, as follows:
ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other
construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and
equipment specified and required to be incorporated in and form a permanent part of the completed work; (c)
provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance
with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached
General Specifications, said documents forming the contract and being as fully a part thereof as if repeated
verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official
award of this contract to the said Contractor, such award being based on the acceptance by the City of the
Contractor's bid;
ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this
contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided
by the contract) of TWO HUNDRED FIFTEEN THOUSAND THREE HUNDRED FORTY EIGHT &
70/100 DOLLARS ($215,348.70) for all services, materials, and work covered by and included in the contract
award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the
manner provided in the General Specifications.
ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for
the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase
price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand
or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all
materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the
method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials
and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This
paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the
finished product of CAPITAL AVENUE DRAINAGE IMPROVEMENTS- NORTH ROAD TO MOORES
CREEK; PROJECT NO. 2020-D-2.
ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required
bond is approved. All work associated with the contract shall be completed no later than May 15, 2021.
Grand Island Council Session - 11/24/2020 Page 256 / 299
2 | Page
City of Grand Island| Contract Agreement
Capital Avenue Drainage Improvements; Project No. 2020-D-2
ARTICLE V. It is understood and agreed that time is the essence of the contract. Should the Contractor fail to
perform the work within the period of time stipulated in the Contract Agreement, the Contractor shall pay to the
City, as liquidated damages and not as a penalty, $250.00 per calendar day of default unless extensions of time
granted by the City specifically provide for the waiving of liquidated damages. The City shall have the right to
deduct the liquidated damages from any moneys in its hands, otherwise due, or to become due, to the
Contractor, or to sue for and recover compensation for damages for non-performance of this contract within the
time stipulated.
ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on
the following September 30th. It is understood and agreed that any portion of this agreement which will be
performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations
sufficient to fund such performance.
ARTICLE VII. The Contractor agrees to comply with all applicable State fair labor standards in the execution of
this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the
provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation
Fund of the State of Nebraska.
ARTICLE VIII. During the performance of this contract, the Contractor and all subcontractors agree not to
discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin,
age or disability and to comply at all times with all applicable state and federal civil rights acts and executive
orders of the President of the United States.
ARTICLE IX. Every public contractor and their subcontractors who are awarded a contract by the City for the
physical performance of services within the State of Nebraska shall register with and use a federal immigration
verification system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska.
ARTICLE X. City Code states that it is unethical for any person to offer, give or agree to give any City
employee or former City employee, or for any City employee or former City employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any
decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment,
gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a
subcontract or order.
ARTICLE XI. The City reserves the right to terminate this contract at any time upon sixty (60) days notice. If
the contract is terminated, the contractor will be compensated for any services, not in dispute, rendered to date
of termination.
ARTICLE XII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate
against any employee or applicant for employment because of age, race, color, religious creed, ancestry,
handicap, sex or political affiliation.
ARTICLE XIII. LB 403: Every public consultant and his, her or its subcontractors who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall register with
and use a federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
Grand Island Council Session - 11/24/2020 Page 257 / 299
3 | Page
City of Grand Island| Contract Agreement
Capital Avenue Drainage Improvements; Project No. 2020-D-2
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first
above written.
VAN KIRK SAND AND GRAVEL, INC.
D/B/A VAN KIRK BROS. CONTRACTING
By Date
Title
CITY OF GRAND ISLAND, NEBRASKA,
By Date
Mayor
Attest:
City Clerk
The contract and bond are in due form according to law and are hereby approved.
Date
Attorney for the City
Grand Island Council Session - 11/24/2020 Page 258 / 299
4 | Page
City of Grand Island| Contract Agreement
Capital Avenue Drainage Improvements; Project No. 2020-D-2
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this agreement, the consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "consultant") agrees as follows:
(1)Compliance with Regulations: The consultant shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this agreement.
(2)Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subcontractors, including procurements of materials and leases of equipment. The
consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
(3)Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the consultant for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subcontractor supplier shall be notified by the consultant of the consultant's obligations under this agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age,
and disability/handicap.
(4)Information and Reports: The consultant shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another who fails or refuses to furnish
this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination
provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the consultant under the agreement until the consultant complies, and/or
(b.)cancellation, termination or suspension of the agreement, in whole or in part.
(6)Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The consultant shall take such action with respect to any subcontract or procurement as the City of Grand Island
or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance:
Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the consultant may request the City of Grand Island to
enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may
request the United States to enter into such litigation to protect the interests of the United States.
Grand Island Council Session - 11/24/2020 Page 259 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-313
WHEREAS, the City of Grand Island invited sealed bids for Capital Avenue
Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2, according to plans
and specifications on file with the Public Works Department; and
WHEREAS, on November 17, 2020 bids were received, opened, and reviewed;
and
WHEREAS, Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of
Sutton, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and
plans and specifications and all other statutory requirements contained therein, such bid being in
the amount of $215,348.70; and
WHEREAS, Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting’s
bid is considered fair and reasonable for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Sand and Gravel,
Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska in amount of $215,348.70 for Capital
Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2 is hereby
approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract with such contractor for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 260 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-24
#2020-314 - Approving Lease Purchase of a new Street Sweeper
and a New Front-End Loader Mounted Snow Heaver for the
Streets Division of the Public Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/24/2020 Page 261 / 299
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:November 24, 2020
Subject:Approving Lease Purchase of a new Street Sweeper and a
new Front-End Loader Mounted Snow Heaver for the
Streets Division of the Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
The Streets Division has budgeted funds for a down payment on a new street sweeper and
a new snow heaver in the 2020/2021 fiscal year.
The Streets Division’s Street Sweeping program consists of four (4) Street Sweepers that
sweep the entire City (curb and gutter streets) once in the spring and once in the fall.
During summer months a single Street Sweeper is used to sweep routes and other
locations as needed. The Street Sweepers are also used to sweep specific areas including
downtown before special events and the State Marathon Route.
Unit 246 is a 2003 Elgin Pelican Street Sweeper with over 11,130 hours and a repair cost
to purchase price ratio of 0.95. This unit is due for replacement and the new street
sweeper will be moved to the front-line position, logging the most hours each year, and
the current front-line machine will be used as a seasonal unit.
Unit 246 – 2003 Elgin Pelican
Grand Island Council Session - 11/24/2020 Page 262 / 299
The Streets Division uses the front-end loader mounted snow heaver to load trucks with
snow to be hauled from the downtown area, on Hwy 30 one-way street system, and on
other atrial roadways as needed. Streets owns two snow heavers as there is need for
redundancy in case of a breakdown.
Unit 291 – 1998 Fair Snow Blower
Snow Heaver driven by front of the loader blowing snow into the back of a dump truck.
Unit 291 is a 1998 Fair Front-End Loader Mounted Snow Heaver with 454 hours and a
repair cost to purchase price ratio of 0.60. The repair cost to purchase ratio of this unit is
fairly low but due to its age it should be replaced.
Discussion
The City of Grand Island City Council approved the use of the National Joint Powers
Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326.
To meet competitive bidding requirements for a new Street Sweeper, the Streets Division
obtained pricing from the (NJPA) Sourcewell Contract No. 122017-FSC awarded to
Federal Signal Corporation; with Nebraska Environmental Products of Lincoln, NE
assigned as our authorized dealer. Per the Sourcewell Contract the price for a new 2021
Elgin Pelican Street Sweeper, that meets the City’s requirements, will be $230,747.20.
Nebraska Environmental is offering $7,800 as trade-in value of Unit 246 making the net
purchase price $222,947.20.
Grand Island Council Session - 11/24/2020 Page 263 / 299
To meet competitive bidding requirements for a new Front-End Loader Mounted Snow
Heaver, the Streets Division obtained pricing from the (NJPA) Sourcewell Contract No.
030619-WAS awarded to Wasau Equipment Company, Inc.; with Nebraska
Environmental Products of Lincoln, NE assigned as our authorized dealer. Per the
Sourcewell Contract the price for a new 2021 Wasau Snogo front-end loader mounted
snow heaver, that meets the City’s requirements, will be $165,729.00. Nebraska
Environmental is offering $1,500 as trade-in value of Unit 291 making the net purchase
price $164,229.00.
Public Works staff is recommending financing these combined purchases of $387,176.20.
Combining the purchase amounts will take advantage the lower interest rate bracket
offered for higher financing amounts and eliminate double payment of processing fees.
The capital lease purchase agreement with National Cooperative Leasing (NCL), per
Sourcewell (NJPA) Contract No. 011620-NCL, would consist of a one-time payment this
fiscal year of $120,000 followed by five (5) annual payments of $59,087.97 starting in
Fiscal Year 2022. Annual payments would require Council approval with the budget each
fiscal year and we anticipate NCL using Santander Bank, N.A. for processing payments.
A summary of recommended purchases and capital lease terms is below.
Street Sweeper:
Vendor Nebraska Environmental Products,
Sourcewell (NJPA) Contract No. 122017-FSC
Purchase Price $230,747.20
Trade-In – Unit 246 $7,800.00
Net Price $222,947.20
Front-End Loader Mounted Snow Heaver:
Vendor Nebraska Environmental Products,
Sourcewell (NJPA) Contract No. 030619-WAS
Purchase Price $165,729.00
Trade-In – Unit 246 $1,500.00
Net Price $164,229.00
Capital Lease Purchase Financing:
Total Amount Financed $387,176.20
Leasing Company
Lease Servicing Center, Inc.
dba National Cooperative Leasing;
Sourcewell (NJPA) Contract No. 032615-NCL
Bank Institution Santander Bank, N.A.
Documentation Fee $250.00
Advance Payment (this FY)$120,000.00
Interest Rate 3.44%
Annual Payments (begin FY 2022)5 at $59,087.97
Pay-off Amount $1.00
Total Repayment Amount $415,439.90
Grand Island Council Session - 11/24/2020 Page 264 / 299
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of a new Street
Sweeper and a new Front-End Loader Mounted Snow Heaver from Nebraska
Environmental Products of Lincoln, NE for a net purchase price of $387,176.20 and the
lease purchase agreement with National Cooperative Leasing of Alexandria, MN.
Sample Motion
Move to approve the purchase of a new Street Sweeper and a new Front-End Loader
Mounted Snow Heaver from Nebraska Environmental Products of Lincoln, NE for a net
purchase price of $387,176.20 and the lease purchase agreement with National
Cooperative Leasing of Alexandria, MN.
Grand Island Council Session - 11/24/2020 Page 265 / 299
Last Current Next
FY FY FY FY FY FY FY FY
2019 2020 2021 2022 2023 2024 2025 2026
2016 Motorgrader 45,723 45,723 45,723
2017 Mowing Tractors (3)42,266 42,266 42,267
2019 Sewer Combo Unit dp 66,441 66,441 66,441 66,441 66,441
TOTAL LEASE PURCAHSE PAYMENTS 87,989 154,430 154,431 66,441 66,441 66,441 0 0
Downpayments are calculated with initial FY capital purchase budget
Last Current Next
FY FY FY FY FY FY FY FY
2019 2020 2021 2022 2023 2024 2025 2026
2016 Motorgrader $45,723 $45,723 $45,723
2017 Mowing Tractors (3)$42,266 $42,266 $42,267
2019 Sewer Combo Unit dp $66,441 $66,441 $66,441 $66,441 $66,441
Street Sweeper & Snow Blower, Front-End
Loader Mounted dp $59,088 $59,088 $59,088 $59,088 $59,088
TOTAL LEASE PURCAHSE PAYMENTS $87,989 $154,430 $154,431 $125,529 $125,529 $125,529 $59,088 $59,088
PROPOSED
EXISTING, APPROVED
dp = Downpayments are calculated with initial FY capital purchase budget
Proposed
Current (Approved)
Streets Capital Equipment - Debt Schedule
Updated 11/9/2020
Grand Island Council Session - 11/24/2020 Page 266 / 299
November 30, 2020
December 31, 2020
City of Grand Island
Re: Municipal Lease/Purchase Financing Proposal
Dear Sir or Madam:
LESSEE: City of Grand Island
LESSOR: Lease Servicing Center, Inc. dba NCL Government Capital & it’s assigns
EQUIPMENT: Equipment
EQUIPMENT COST:
DOWN-PAYMENT:$0
AMOUNT FINANCED:
TERM: 5 Years
5 @ $59,087.97
RATE:3.44%
PURCHASE OPTION:$1.00
PRICING:
DOCUMENTATION FEE: $250 paid to Lessor at closing
Lease Servicing Center, Inc. dba NCL Government Capital (“NCL”) is pleased to propose to the City of Grand Island the following tax-
exempt Lease/purchase transaction as outlined below. Under this transaction, the City of Grand Island would enter into a
municipal Lease/purchase agreement with NCL for the purpose of acquiring a Equipment. This transaction is subject to formal
review and approval by both the Lessor and Lessee.
The Rates and Payments outlined above are locked, provided this proposal is accepted by the
Lessee by November 30, 2020 and the transaction closes/funds prior to December 31, 2020.
After these days, the final Rate and Payments shall be adjusted commensurately with market
rates in effect at the time of funding and shall be fixed for the entire lease term.
$382,000.00
FIRST PAYMENT DUE: At Lease Commencement
1 @ $120,000.00
Monday, November 30, 2020
$382,000.00
November 9, 2020 Thursday, December 31, 2020
ANNUAL LEASE PAYMENTS:
220 22nd Ave. E Suite 106 * Alexandria, MN 56308 * Telephone 320 763 7600 * Fax 320 763 9600
www.nclgovcap.com
Grand Island Council Session - 11/24/2020 Page 267 / 299
DOCUMENTATION:
At Lease Commencement
1 Month from Lease CommencementTITLE / INSURANCE:
2 Months from Lease Commencement
3 Months from Lease Commencement
4 Months from Lease Commencement
5 Months from Lease Commencement
6 Months from Lease Commencement
7 Months from Lease Commencement
8 Months from Lease CommencementTAX STATUS:
9 Months from Lease Commencement
10 Months from Lease Commencement
11 Months from Lease Commencement
12 Months from Lease CommencementSOURCEWELL CONTRACT:
Sincerely,
jakeo@nclgovcap.com
ACCEPTANCE
ACCEPTED: DATE:
NAME: TITLE:
PHONE:
Jake Ost -(866) 763-7600
WE ARE PROVIDING THE INFORMATION CONTAINED HEREIN FOR INFORMATIONAL PURPOSES ONLY IN CONNECTION WITH POTENTIAL ARMS-LENGTH COMMERCIAL BANKING TRANSACTIONS. IN PROVIDING THIS INFORMATION, WE ARE
ACTING FOR OUR OWN INTEREST AND HAVE FINANCIAL AND OTHER INTERESTS THAT DIFFER FROM YOURS. WE ARE NOT ACTING AS A MUNICIPAL ADVISOR OR FINANCIAL ADVISOR TO YOU, AND HAVE NO FIDUCIARY DUTY TO YOUR OR
ANY OTHER PERSON PURSUANT TO SECTION 15B OF THE SECURITIES EXCHANGE ACT OF 1934. THE INFORMATION CONTAINED IN THIS DOCUMENT IS NOT INTENDED TO BE AND SHOULD NOT BE CONSTRUED AS "ADVICE" WITHIN THE
MEANING OF SECTION 15B OF THE SECURITIES EXCHANGE ACT OF 1934 AND THE MUNICIPAL ADVISOR RULES OF THE SEC. WE ARE NOT RECOMMENDING THAT YOU TAKE AN ACTION WITH RESPECT TO THE INFORMATION CONTAINED
HEREIN. BEFORE ACTING ON THIS INFORMATION, YOU SHOULD DISCUSS IT WITH YOUR OWN FINANCIAL AND/OR MUNICIPAL, LEGAL, ACCOUNTING, TAX AND OTHER ADVISORS AS YOU DEEM APPROPRIATE. IF YOU WOULD LIKE A
MUNICIPAL ADVISOR THAT HAS LEGAL FIDUCIARY DUTIES TO YOU, THEN YOU ARE FREE TO ENGAGE A MUNICIPAL ADVISOR TO SERVE IN THAT CAPACITY.
Lessor shall provide all of the documentation necessary to close this transaction. This
documentation shall be governed by the laws of the State of lessee.
Lessee shall retain title to the equipment during the lease term. Lessor shall be granted a
perfected security interest in the equipment and the Lessee shall keep the equipment free from
any/all liens or encumbrances during the term. Lessee shall provide adequate loss and liability
insurance coverage, naming Lessor as additional insured and loss-payee.
This transaction must be designated as Tax-Exempt under Section 103 of the IRS code of 1986
as amended.
We appreciate this opportunity to offer an NCL Financing Solution. Please do not hesitate to contact me if you have any questions
at (866) 763-7600. Acceptance of this proposal is required prior to credit underwriting by NCL. Upon acceptance of this proposal,
please scan and e-mail to my attention. Thank you again.
As a duly authorized agent of the City of Grand Island , I hereby accept the terms of this proposal as outlined above and intend to
close this financing with NCL, subject to final approval.
NCL has been competitively bid and awarded a contract through Sourcewell (Formerly NJPA).
NCL's Sourcewell Contract # is 011620-NCL.#011620-NCL
220 22nd Ave. E Suite 106 * Alexandria, MN 56308 * Telephone 320 763 7600 * Fax 320 763 9600
www.nclgovcap.com
Grand Island Council Session - 11/24/2020 Page 268 / 299
Approved as to Form ¤ ___________
November 18, 2020 ¤ City Attorney
R E S O L U T I O N 2020-314
WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance,
cooperative purchasing group was utilized to secure competitive bids for a new Street Sweeper and a
new Front-End Loader Mounted Snow Heaver and Capital Lease Purchase financing by the Streets
Division of the Public Works Department; and
WHEREAS, Sourcewell Contract No. 122017-FSC was awarded to Federal Signal
Corporation and authorized Nebraska Environmental Products to offer said contract pricing to the
City of Grand Island, Nebraska; and
WHEREAS, Sourcewell Contract No. 030619-WAS was awarded to Wasau
Equipment Company, Inc. and authorized Nebraska Environmental Products to offer said contract
pricing to the City of Grand Island, Nebraska; and
WHEREAS, Sourcewell Contract No. 011620-NCL was awarded to National
Cooperative Leasing; and
WHEREAS, the new equipment options and trade-in terms were negotiated with
Nebraska Environmental Products for a net purchase price of $387,176.20; and
WHEREAS, such amount will be financed by National Cooperative Leasing of
Alexandria, MN through a capital lease purchase agreement and payments will be processed through
Santander Bank, N.A. ; and
WHEREAS, a documentation fee of $250.00 will be paid; and
WHEREAS, a down payment of $120,000.00 will be paid in advance followed by
five (5) annual payments of $59,087.97 and a pay-off amount of $1.00 ; and
WHEREAS, the total repayment amount for the lease purchase will be $415,439.90.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a new Street Sweeper and a
new Front-End Loader Mounted Snow Heaver from Nebraska Environmental Products of Lincoln,
NE for a net purchase price of $387,176.20 is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor or their designee is hereby authorized
and directed to execute such lease purchase agreement on behalf of the City of Grand Island and .
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 269 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item G-25
#2020-315 - Approving Bid Award for Watch Guard 4RE/V300
Integrated In-Car and Body Worn Video Solution for the Police
Department
Staff Contact: Robert Falldorf, Police Chief
Grand Island Council Session - 11/24/2020 Page 270 / 299
Council Agenda Memo
From:Robert Falldorf, Chief of Police
Meeting:November 24, 2020
Subject:Approving Bid Award for Watch Guard 4RE/V300 Integrated
In-Car and Body Worn Video Solution for Police Department
Presenter(s):Robert Falldorf, Chief of Police
Background
On November 6, 2020, the Grand Island Police Department advertised for bids for thirty (30)
Watch Guard 4RE/V300 Integrated In-Car and Body Worn Video systems. These systems will
be in compliance with our current Records Management System, Spillman, and will replace our
older Data911 systems. Our current Data911 In-Car video systems are older and out of
date/warranty and the Data911 Body Worn Camera systems never did function properly for our
needs.
Discussion
One (1) bid was received and opened on November 17, 2020. The Police Department
Administration and the Purchasing Division of the City Attorney’s Office reviewed the bid that
was received to confirm that it was in compliance with the publication. A summary of the bid is
shown below:
WatchGuard Video Inc., Allen, Texas, Bid Price: $239,870.00.
The bid from WatchGuard Video Inc., is considered fair and reasonable and is under the project
estimate of $250,000.00.
There are sufficient funds in the approved 2020/2021 capital budget to fund this purchase.
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 - 11/24/2020 Page 271 / 299
Recommendation
City Administration recommends that the Council approve the bid award to the low compliant
bidder, WatchGuard Video Inc., of Allen, Texas in the amount of $239,870.00.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 11/24/2020 Page 272 / 299
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 17, 2020 at 2:15 p.m.
FOR:Watch Guard 4RE/V300 Integrated In-Car and
Body Worn Video Solution
DEPARTMENT:Police
ESTIMATE:$250,000.00
FUND/ACCOUNT:41022301-85615
PUBLICATION DATE:November 6, 2020
NO. POTENTIAL BIDDERS:1
SUMMARY
Bidder:WatchGuard Video, Inc.
Allen, TX
Bid Security:Liberty Mutual Ins. Co.
Exceptions:None
Bid Price:
Section A:$177,770.00
Section B:$ 36,100.00
Section C:$ 17,000.00
Section D:$ 9,000.00
Section E:$ -0-____
Total Bid:$239,870.00
cc:Robert Falldorf, Police Chief Jim Duering, Police Captain
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2237
Grand Island Council Session - 11/24/2020 Page 273 / 299
Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-315
WHEREAS, the City of Grand Island invited sealed bids for thirty (30) Watch
Guard 4RE/V300 Integrated In-Car and Body Worn Video systems; and
WHEREAS, on November 17, 2020 bids were received, opened, and reviewed;
and
WHEREAS, WatchGuard Video Inc., Allen, Texas submitted a bid in accordance
with the terms of the advertisement of bids and all other statutory requirements contained
therein, such bid being in the amount of $239,870.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of WatchGuard Video Inc., of
Allen, Texas in the amount of $239,870.00 for thirty (30) Watch Guard 4RE/V300 Integrated In-
Car and Body Worn Video systems is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to accept
and approve such bid award on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 274 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item I-1
#2020-316 - Consideration of Approving Management of
Jackrabbit Run Golf Course
Staff Contact: Todd McCoy
Grand Island Council Session - 11/24/2020 Page 275 / 299
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:November 24, 2020
Subject:Consideration to Approve Golf Management Contract
Presenter(s):Jerry Janulewicz, City Administrator
Todd McCoy, Parks and Recreation Director
Background
Longtime PGA Golf Professional Don Kruse and his wife Char retired effective October
20, 2020. Don was contracted with the City to manage all golf programming and
activities associated with the operation of the Jackrabbit Run Golf Course clubhouse.
The City advertised for proposals from experienced PGA professionals and golf
management firms to replace Don. One resume from a golf pro and one proposal from a
company that manages golf courses named Landscapes Unlimited of Lincoln, Nebraska
was received. A committee that included City Administration and Jackrabbit Run golfers
met to review the proposals. After initial review the consensus from the group was that
both proposals appeared to be viable and qualified management options. After the
committee met, City staff set interviews with the golf pro and Landscapes Unlimited.
Unfortunately the golf professional cancelled the interview leaving the lone proposal
from Landscapes Unlimited.
Discussion
Landscapes Unlimited proposes a five year agreement to employ and be responsible for
all golf course staff and manage day-to-day operations which includes property
maintenance, food and beverage, marketing, payroll processing, and programing.
In the proposed agreement the City will pay Landscapes Unlimited $72,000 annually or
10% of the total revenue whichever is more. The City will be responsible for all expense
associated with the golf course and receive all revenues. Not only does Landscapes
Unlimited propose to take over the golf shop operation previously managed by Don
Kruse; but, they propose to be responsible for golf course maintenance which currently
includes 5.50 City FTE’s. Landscapes agrees to make a good faith effort to employ
existing employees which includes three longstanding City employees.
Grand Island Council Session - 11/24/2020 Page 276 / 299
Landscapes Unlimited currently manages over 50 golf properties nationwide and is
recognized as an industry leader. Landscapes Unlimited stated in their proposal that they
are confident that because of their experience, expertise, and resources they can increase
the number of annual golf rounds at Jackrabbit Run by 4,000 rounds annually over the
course of five years. If Landscape accomplishes their goals then they have calculated that
Jackrabbit Run will be profitable for the City by the end of the five year agreement.
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 approval of the proposed agreement with Landscapes
Unlimited of Lincoln, Nebraska to manage Jackrabbit Run Golf Course.
Sample Motion
Move to approve Landscapes Unlimited to manage Jackrabbit Run Golf Course.
Grand Island Council Session - 11/24/2020 Page 277 / 299
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR MANAGEMENT OF JACKRABBIT RUN GOLF COURSE
RFP DUE DATE:September 2, 2020 at 4:15 p.m.
DEPARTMENT:Parks and Recreation
PUBLICATION DATE:August 16, 2020
NO. POTENTIAL BIDDERS:1
PROPOSALS RECEIVED
Landscapes Golf Management
Lincoln, NE
cc:Todd McCoy, Parks and Recreation Director Patti Buettner, Admin. Asst. Parks
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2223
Grand Island Council Session - 11/24/2020 Page 278 / 299
Management Agreement
This MANAGEMENT AGREEMENT (“Agreement”) is made and entered into as of November
30, 2020 (the “Effective Date”) by and between the City of Grand Island, a (hereinafter referred
to as “Owner”), and Landscapes Golf Management, LLC a Nebraska limited liability company
(hereinafter referred to as “Manager”).
Recitals
Owner desires to provide for the operation and management of the clubhouse, golf course, cart
facility, maintenance building and appurtenances, and any other golf course or golf related
facility owned by Owner and situated on the real property located at 2800 N Shady Bend Rd,
Grand Island, NE 68801, commonly known as Jackrabbit Run Golf Course (collectively referred
to as the “Course”).
Manager is in the business of operating and managing golf courses and has experience and
expertise related to golf course operation and management.
Owner desires to retain Manager to manage and operate the Course on behalf of Owner pursuant
to the terms and conditions of this Agreement.
Agreement
The parties agree as follows:
1. TERM OF AGREEMENT.
1.1. Term. The term of this Agreement will begin on the Effective Date and terminate
November 30, 2025 (the “Term’), unless sooner terminated according to the terms and
provisions hereof or extended by mutual written agreement of the parties.
1.2. Early Termination. The parties agree that Owner may terminate this Agreement without
penalty, beginning on October 1, 2023 if Manager fails to achieve Net Operating Income
showing a loss of no more than Fifty Thousand Dollars (-$50,000) for the Owner’s fiscal
year ending September 30,2023. If Owner elects to exercise the termination option
provided by this section. Owner shall provide Manager with at least sixty (60) days’
written notice prior to the effective date of termination.
2. SERVICES TO BE PERFORMED BY MANAGER. During the Term of this Agreement,
Manager will supervise, manage, direct and operate the Course, which will include, but not
be limited to, collecting and disbursing all monies, negotiating and managing leases and
contracts, employing all employees, promoting and managing the Course, purchasing and
selling food, beverages, merchandise, supplies and services, purchasing and maintaining
1
Grand Island Council Session - 11/24/2020 Page 279 / 299
insurance coverage on behalf of the Course, handling disputes with third parties, collecting
and paying all appropriate taxes and perfonning all other day-to-day activities relative to the
Course. With respect to the operation of the Course, the parties hereto agree as follows;
Owner Authorization. Owner hereby grants and delegates to Manager the authority and
the responsibility necessary to pennit Manager to perform its duties under this
Agreement and to do any and all acts deemed necessary or desirable for operation and
maintenance of the Course and agrees to take such additional steps as are necessary to
evidence such delegation and authorization as is reasonably requested by Manager.
Owner hereby grants to Manager the use and occupancy of the Course during the Term
of this Agreement or any renewal hereof for said purposes. Owner will not grant to any
third party any rights to use or occupancy of all or any part of the Course during the
Tenn of this Agreement without Manager’s prior written consent, nor will Owner
interfere with Manager’s ability to perform its duties under this Agreement consistent
with Manager’s good faith business judgment.
2.1.
2.2.Major Decisions. Manager will submit proposals to Owner for major expenditures,
improvements or events that impact the Course (“Major Policy Decisions”), including,
but not limited to, capital improvements and expenditures and the Annual Budgets (as
defined in Subsection 2.c below). Manager will secure Owner’s prior approval of all
Major Policy Decisions. Manager will, to the best of its ability, operate the Course in
accordance with the Major Policy Decisions approved by Owner.
Annual Budgets.2.3.
2.3.1.Not later than June 1 of each calendar year during the Tenn of this Agreement or
any renewal hereof. Manager will submit a written business plan and a proposed
operating budget (the “Proposed Annual Budget”) to Owner for the upcoming
fiscal year, except for the first year of this Agreement Manager will submit the
Proposed Annual Budget to the Owner within ninety (90) days following the
Effective Date. The Proposed Annual Budget will specify the amount of working
capital required to continue operations of the Course for the upcoming fiscal year
in light of all Major Policy Decisions; all anticipated expenses required to
maintain a reasonable level of services, equipment, supplies and inventory; and all
projected expenses for long term capital improvements and equipment. Owner
acknowledges and agrees that all budgets are based solely on Manager’s judgment
and the facts and circumstances known by Manager at the time of preparation and
Manager does not warrant or guarantee the results of operations or performance
set forth in any budgets prepared for the Course.
Owner must approve or reject the Proposed Annual Budget within thirty (30) days
of its receipt by Owner. Owner’s failure to reject the Proposed Annual Budget
2.3.2.
2
Grand Island Council Session - 11/24/2020 Page 280 / 299
within such time period will be deemed an acceptance by Owner of the Proposed
Annual Budget as submitted by Manager. The Proposed Annual Budget, once
approved (or deemed approved) by Owner, will be refen-ed to as the “Annual
Budget.” In the event Owner and Manager cannot agree on a Proposed Annual
Budget, Manager will be entitled to continue operation of the Course in
accordance with the Annual Budget for the prior year, subject to increases in
Expenses required due to matters beyond the control of Manager, until such time
as a new Proposed Annual Budget is approved by Owner.
Promotion of Golf Activities. Manager will implement a marketing plan for the Course
and coordinate and direct all work done in the promotion, advertisement and public
relations with respect to the Course. Manager will coordinate the creation or
modification of graphics, logos and other visual materials for letterheads, envelopes,
temporary and permanent signs, brochures, websites, information profiles, progress
reports, press releases and bulletins. Manager may indicate on the premises and on such
promotional, advertising and public relations materials that the Course is being managed
by Manager.
2.4.
2.5.Course Personnel.
2.5.1. Manager will, in its sole discretion and at the expense of the Owner, employ the
Course personnel. Such personnel will include a general manager responsible for
the day-to-day operation and management of the Course, maintenance personnel
to professionally maintain the Course, other on-site management personnel, staff,
and others deemed by Manager to be appropriate for the efficient operation of the
Course. Such personnel will be hired, employed, evaluated, promoted and
teiTninated by Manager, except that Manager may, in its sole discretion, elect to
have some routine or specialty functions performed by independent contractors
and engage such contractors for that purpose as an Expense of the Course. In no
event shall any employees employed by Manager at the Course be considered
employees of the Owner, nor shall any of Manager’s employees be eligible for
any benefits or pay from the Owner. At all times. Manager shall provide the
Owner with the names and current telephone numbers (business, cell phone, and
home number, if applicable) of the general manager and golf course
superintendent.
2.5.2. Manager shall make a good faith effort to interview and employ any employee
who is currently employed by Owner at the Course and who is displaced as a
result of this Agreement, but Manager shall not be obligated to offer employment
to any such employees. Manager shall employ qualified personnel with skills and
certifications appropriate to the position to which they are appointed. Manager
shall comply with all federal, state and local laws and regulations pertaining to
3
Grand Island Council Session - 11/24/2020 Page 281 / 299
equal employment opportunity, Americans with Disabilities Act, and prohibition
of unlawful discrimination in all hiring and employment decisions. Manager shall
also have in place policies that prohibit any form of unlawful harassment and
policies promoting a drug-free workplace, including reasonable dmg testing
policies.
2.6. Food, Beverage and Merchandise.
2.6.1. Owner will permit the sale of beer, wine and liquor at the Course. Manager will
cause the general manager of the Course to apply for and obtain necessary city,
county and/or state liquor licenses, as applicable, and all other permits, licenses
and approvals required for operation of the Course; provided, however, that
Owner retains the right, for good cause shown, to decline to have the general
manager as the individual designated on the liquor license or to terminate such
designation. It is understood that Manager cannot guarantee factors outside of its
control that may prohibit the timely issuance of the liquor licenses or other
licenses, permits or approvals. Owner and Manager will cooperate with the
general manager in obtaining such licenses, permits and approvals, and if required
by applicable city, county or state law. Owner will hold such licenses, permits and
approvals in accordance therewith. Manager will pay all applicable Course
licenses and pennit fees when due as an Expense of the Course. Any monetary
penalties imposed against the Course or the Owner for license violations will be
Manager’s responsibility and will be paid by Manager from its own funds to the
extent the license violation was the result of Manager’s negligence (i.e., failure to
train or failure to supervise Manager’s employees at the Course).
2.6.2. Manager will purchase and sell such other food, beverage and merchandise at the
Course for such prices as Manager deems prudent. This includes beverage cart
services on the Course and an adequate supply and variety of quality pro shop
inventory for resale in the pro shop. The hours of operation for the beverage cart,
food services and pro shop shall be detennined by Manager, in its reasonable
discretion. Manager will remit all sales tax collected on Course sales as and when
due.
2.7. Maintenance Services.
2.7.1. Manager shall maintain the course, grounds and landscaping within the
boundaries of the Course. Manager shall also maintain the parking area in a good
and usable condition, including sanitation, pot hole repairs, and signage but
excluding Capital Improvements. All costs for maintenance shall be an Expense
of the Course.
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As an Expense of the Course, Manager shall be responsible for the maintenance
and repair, and for purchasing all supplies, parts, and equipment for all buildings,
structures, fixtures, and Owner-owned equipment, which may now or hereafter
exist on or in the Course, inclusive but not limited to the maintenance of the
landscaping, inigation system, maintenance buildings, grounds, cart paths, and
course turf, excluding Capital Improvements.
2.7.2.
Manager shall exercise general supervision over and shall be responsible for the
proper use, care, and maintenance of all Owner-owned equipment used for Course
operations, inclusive of but not limited to golf carts, mowers, utility vehicles, sand
rakes, aerators, tractors, power equipment, etc. Manager shall keep a log of repairs
to equipment, which shall be available for the Owner to review at any time. If
equipment becomes inoperable, inefficient, or unsafe, the Manager will
immediately provide Owner written notice. The decision to replace equipment is
solely at the Owner's discretion. Equipment and parts damaged by the gross
negligence of Manager or Manager's employees or agents shall be repaired or
replaced by Manager at Manager's sole expense.
2.7.3.
2.7.4.Manager shall be responsible for the maintenance and repair of the water well and
sanitary sewer system. Any maintenance or repair cost in excess of $5,000 in a
fiscal year shall require the prior written approval of Owner’s City Administrator.
Costs of maintenance and repairs shall be an Expense of the Course.
2.8. General Operations.
2.8.1.Manager agrees to enforce all rules and regulations adopted by the Owner
covering the conduct of the public and services offered in the use of the Course as
it relates to the performance of services under this Agreement.
Owner, in consultation with Manager, shall determine and set the green fees,
including golf membership fees Manager shall charge and shall provide a
schedule of such fees in writing to Manager. Any changes to the fee schedule are
subject to prior written approval of the Owner. All tournament fees, fees for rental
of golf carts, driving range fees, golf clubs, and golf bags shall be set by Manager,
and shall be comparative and competitive with other quality public golf courses in
Grand Island, Nebraska. Manager shall honor all pre-existing, pre-paid golf
memberships. At no time shall fees be greater than the Owner approved rates as
established by resolution.
2.8.2.
Manager shall coordinate with existing leagues and associations to host
tournaments at the Course, and shall seek out new leagues, and associations in an
effort to increase the number of tournaments scheduled at the Course. Manager
2.8.3.
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shall support the leagues, tournaments, and associations while maintaining a fair
and equitable tee sheet. Manager shall consummate an'angements for tournaments
with golf associations and leagues, as well as concessionaires, licensees, or other
group event users of the Course.
2.8.4. Manager shall take all reasonable actions to protect the safety of all employees,
customers, and Owner's representatives. Manager shall comply with all safety and
environmental regulations of federal, state, and local governmental agencies, and
applicable federal occupational, health, and safety laws and regulations. Manager
shall con-ect any unsafe conditions to the Course as an Expense of the Course, or
notify the Owner of any potentially unsafe conditions, as well as any potentially
unsafe practices occumng thereon. Manager shall cooperate fully with the Owner
in the investigation of any accidental injury or death occun’ing at the Course and
shall submit within twenty-four (24) hours to the Owner an accident report.
2.8.5. Manager shall be responsible for securing necessaiy contracts or other appropriate
agreements to acquire electricity, water, sewer, solid waste, and other utility
seiwices necessary for the normal operations of the Course. Furthermore, the
Manager shall be responsible to consummate aiTangements with concessionaires,
licensees, etc. that may be associated with the Course. All leases, contracts,
purchases, and other agreements relating to the operation and maintenance of the
Course entered into during the Term shall be entered into by the Owner as the
contracting party and managed by Manager.
2.9. Additional Duties and Responsibilities of Manager.
2.9.1.Manager shall not make substantial alterations, additions, changes, or revisions to
the Course without prior written consent of the Owner.
Manager shall, as part of its seiwices hereunder and without additional
compensation, make its staff available to Owner upon request for consultation
regarding the Course, including, but not limited to business operations, marketing
and promotions, additional equipment, repairs. Capital Improvements or projects,
which may include modifications to structures or the course.
2.9.2.
Manager shall provide assistance and consulting services to the Owner in the
transition of management and operations of the Course if a new operating entity
(Manager) is selected or if the Owner assumes operations of the Course.
2.9.3.
3. REVENUES: EXPENSES: RESERVES. During the Term of this Agreement or any renewal
hereof. Manager will cause all Revenues and Approved Reserves to be deposited and held in
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the Course Accounts (as hereafter defined) and will pay Expenses out of the Course
Accounts.
3.1. Revenues. “Revenues” means all revenues and receipts of any nature derived directly or
indirectly from the Course or from the use or operation thereof, including Operating
Revenues and Other Revenues. “Operating Revenues” is defined as revenue from green
fees; cart rentals; range fees; membership dues, fees and assessments (but excluding
capital improvement fees); membership passes; food, beverage and merchandise sales;
rebates; purchase discounts; rentals; and lesson fees (unless such fees are paid directly to
the professional providing such lessons in accordance with the agreement between
Manager and such professional). “Other Revenues” is defined as proceeds from the sale
of assets; capital improvement fees; interest income; Advances (defined below);
insurance proceeds; and any other revenue or receipts not included in Operating
Revenues.
3.2. Expenses. “Expenses” means all expenditures or disbursements made or expenses
incuiTcd in connection with operation of or for the benefit of the Course, including
Operating Expenses and Other Expenses. “Operating Expenses” is defined as payroll
and all other employee-related expenses; taxes; governmental fees and charges; utilities;
food, beverage and merchandise cost of goods; maintenance expenses; repair costs
(excluding capital repairs); supplies; inventory; insurance premiums and deductibles;
marketing and advertising materials and expenses; licenses and permits; dues and
subscriptions; finance charges; operating leases; professional fees; vendor and
independent contractor invoices; Management Fees (defined below); and Manager’s
travel and other out-of-pocket expenses directly related to operation of the Course.
“Other Expenses” is defined as debt payments (principal and interest); capital leases;
financing or refinancing costs; capital expenditures (including Approved Capital
Expenditures); and any other expenditures or disbursements not included in Operating
Expenses. Expenses will not include salaries and other compensation of executive
officers and coiporate staff of the Manager or Manager’s company overhead.
3.3. Approved Capital Expenditures. “Approved Capital Expenditures” means all
expenditures for equipment, furniture, fixtures. Course improvements, and other capital
items approved by Owner, which approval may be included in an Annual Budget or
other separate form of approval. In the event of an emergency. Manager is also
authorized to make an otherwise unapproved capital expenditure in order to prevent loss
or damage. Manager will notify Owner immediately of such expenditure.
3.4. Approved Reserves. “Approved Reserves” means the amount of cash approved by
Owner to be held by Manager in the Course Accounts for future operation of the Course,
but in no event will the amount be less than Fifty Thousand Dollars ($50,000).
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4. ADVANCES FROM OWNER. If, at any time prior to the effective date of termination or
expiration of this Agreement, the Revenues from the operation of the Course are not
sufficient to pay the Expenses as they become due. Owner must immediately advance to the
Course Accounts the amount of cash necessary to meet such obligations (such amount being
refemed to as an “Advance”). Owner acknowledges that Manager will not be obligated to
advance any of its own funds to, or for the account of, the Owner or incur any liability, unless
the Owner has furnished Manager with funds necessary for the full discharge thereof
5. ACCOUNTS. Manager will maintain one or more separate accounts in the name of Owner
(collectively refeiTed to as “Course Accounts”) at one or more commercial banks. Owner and
Manager agree that the City Finance Director or other Owner designee, as well as individuals
designated by Manager and approved by Owner, will be signatories on the Course Accounts
and that Owner will not change the signatories of the Course Accounts or close the Course
Accounts without the prior written consent of Manager. All Revenues and Approved
Reserves will be deposited by Manager and held in the Course Accounts, and Manager will
pay Expenses from Course Accounts. Manager will account to Owner for Course Accounts
in accordance with this Agreement. Manager will not commingle Revenues and Approved
Reseiwes with other money or accounts, and will not take any money or property from the
Course Accounts or from the Course except to pay Expenses as set forth in this Agreement.
Manager will not purchase goods or services from an entity affiliated with Manager unless
such purchase is on terms reasonably competitive with terms available from non-affiliated
sources.
6. MANAGEMENT FEES. In exchange for services rendered by Manager under this
Agreement, Manager will be paid from Course Accounts: (a) all Expenses paid by Manager
from Manager’s accounts and not Course Accounts in connection with the operation of the
Course; and (b) a Base Management Fee. If, on any date, the Course Accounts contain
insufficient funds to pay Manager the foregoing amounts owing, the Owner must
immediately make an Advance to cover the shortfall. If Owner fails to make such Advance
prior to the date any such amounts are owing to Manager, the amount owed to Manager will
bear interest at the rate of one percent (1%) per month until paid in full.
6.1. Base Management Fee. The “Base Management Fee” will be Six Thousand Dollars
($6,000) per month (as adjusted annually, the “Minimum Base Fee”). Manager will be
paid the Minimum Base Fee on the first day of each month of the Term and any renewal
hereof Beginning on January 1, 2022 and on January U‘ of each year thereafter, the
Minimum Base Fee will increase by three percent (3%) per year. On the first
anniversary of the Effective Date and on each anniversary thereafter during the Tenn,
the parties will calculate a variable rate equivalent to 10% of the monthly Operating
Revenues (“Variable Base Fee”) for the preceding twelve (12) months. If the Variable
Base Fee for the preceding twelve (12) months is greater than the Minimum Base Fee
over the same time period. Manager will be paid the difference within thirty (30) days.
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If the Variable Base Fee for the preceding twelve (12) months is less than the Minimum
Base Fee, Manager will not be entitled to any additional Base Management Fees for the
preceding year.
7. ACCOUNTING. Manager will maintain books and records relating to the business activities
of the Course in accordance with generally accepted accounting principles and separate from
its other books and records. Manager will prepare an opening balance sheet listing assets and
liabilities used or incun'ed in the operation of the Course. Thereafter, Manager will have
monthly financial statements prepared which will include unaudited balance sheets and
income statements (each month’s records will be referred to separately as the “Monthly
Financial Statements”) prepared as if the operation of the Course is a business entity separate
from Manager and Owner. Manager will deliver a copy of the preceding month’s Monthly
Financial Statements within thirty (30) days after the end of that month, except where
circumstances beyond the reasonable control of Manager delay delivery of such statements.
In addition, Manager will deliver to Owner, not later than March 1st of each calendar year
during the Temr of this Agreement or any renewal thereof, a copy of yearend financial
statements for the Course for the preceding calendar year. At any time during the Tenu of
this Agreement, upon two (2) business days advanced notice and during normal business
hours of operation, and for twelve (12) months after the Term of this Agreement, Owner will
be entitled to inspect the books and records of the Course, and Owner may conduct an audit
of the Course, all Monthly Financial Statements and all annual financial statements, provided
that any expense incurred by Owner in conducting an inspection or audit will be borne by
Owner. The accounting services to be provided by Manager under this Agreement do not
include preparation of state or federal income tax filings or audited financial statements, but
Manager will provide the balance sheets, income statements and depreciation schedules
necessary for a third party to prepare income tax filings. Further, Manager will prepare sales
and use tax returns and personal property tax returns for the Course.
8. DEFAULT.
8.1. Events of Default. Any one or more of the following events will, unless cured within the
specified cure period, constitute an event of default of this Agreement (“Default”):
Either party’s failure to timely pay any sums payable pursuant to this Agreement
when and as the same become due, including Owner’s failure to timely make
Advances as required by Section 4, which non-payment remains uncured for a
period of five (5) days after written notice thereof from the other party to the
defaulting party;
8.1.1.
A discontinuance by either party of its business, filing of a bankruptcy petition, or
any other action relating to the insolvency of either party; or
8.1.2.
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8.1.3. A material breach of any material tenn or provision of this Agreement by either
party, which remains uncured sixty (60) days after written notice thereof from the
other party to the defaulting party or such longer period of time as may be
reasonably required to cure such breach, provided that the defaulting party
promptly commences to remedy such breach within the sixty (60) day cure period
and thereafter continues diligently to complete such cure.
8.2. Owner’s Remedies. In the event of a Default by Manager, Owner may terminate this
Agreement upon expiration of the specified cure period by delivering to Manager written
notice of its election to teraiinate the Agi’eement, provided that Manager has not timely
cured the Default. In such event. Owner will pay Manager all amounts owed to Manager
prior to submitting written notification of termination.
8.3. Manager’s Remedies. In the event of Default by Owner, Manager may tenninate this
Agreement upon expiration of the specified cure period by delivering to Owner written
notice of its election to terminate the Agi'eement. In such event. Owner will pay to
Manager due to Manager to the date of termination. In such event. Owner will pay to
Manager an amount equal to the total unpaid Management Fees that Manager would
have earned had the Agreement remained in effect until the end of the Tenn.
8.4. Remedies Not Exclusive. No remedy granted to Owner or Manager is intended to be
exclusive of any other remedy provided herein or by law, but each will be cumulative
and will be in addition to every other remedy given herein or existing at law or in equity,
subject to Section 23 below.
9. TERMINATION OR EXPIRATION OF AGREEMENT. Upon termination or expiration of
this Agreement, the parties will take the following actions no later than the effective date of
such tennination or expiration:
9.1. Transfer of Course and Property. Manager will vacate and surrender the Course to
Owner and transfer to Owner possession of alt property belonging to the Course or
Owner, including, but not limited to, cash in the Course Accounts; accounts receivable
and other receivables; inventories of merchandise, food, beverages and supplies;
equipment, furniture and fixtures; prepaid accounts and deposits; contract rights; trade
names; licenses and permits; and Course books and records (collectively, the
“Property”).
9.2. Liabilities to be Assumed. Owner will assume and agree in writing to indemnify
Manager against all obligations and liabilities relating to the Course, other than
contingent tort liabilities which result from the intentional wrongdoing or gross
negligence of Manager. Liabilities which Owner assumes, or against which Owner must
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indemnify Manager, will include all debts and other contractual obligations arising out
of the operation of the Course.
Payment. All sums owed by either party to the other pursuant to this Agreement will be
paid within thirty (30) days of the effective date of termination or expiration of this
Agreement.
9.3.
Employees. Unless specifically agreed to in writing by Manager, for a period of one (1)
year after teiTnination of this Agreement, Owner hereby agrees, waiTants and represents
that Owner will not employ any general manager, golf professional, golf course
superintendent, or food and beverage manager who was employed by Manager as an
employee of the Course at any time during the Tenn of this Agreement, unless such
employee was a current employee of the Course immediately prior to the Effective Date.
9.4.
Survivability. The provisions of this Section 9 will suiwive the termination or expiration
of this Agreement.
9.5.
10. INDEMNITY.
10.1.Obligations of the Course. All obligations and costs to defend all disputed claims
arising out of or resulting from Manager’s activities conducted in connection with or
incidental to this Agreement will be paid as an Expense of the Course. Manager will
keep Owner advised of any such matters.
Indemnification by Manager. Manager will indemnify, hold hannless and defend
Owner, its members, managers, officers, directors, agents, authorized representatives and
employees, from and against all liability for any and all claims, liens, suits, fines, losses,
demands or actions for damages, injuries (including death) to persons, property damage
(including loss of use), and expenses, including court costs and reasonable attorneys’
fees and other reasonable costs, arising out of or resulting from the breach of any
representation or warranty by Manager, or from Manager’s intentional misconduct or
gross negligence in operating the Course.
10.2.
Indemnification by Owner. Owner will indemnify, hold hannless and defend
Manager, its members, managers, officers, agents, authorized agents, and employees,
from and against all liabilities for any and all claims, liens, suits, fines, losses, demands
or actions for damages, injuries (including death) to persons, property damage (including
loss of use), and expenses, including court costs and attorneys’ and consultants’ fees and
other reasonable costs, arising out of, involving, or resulting from the operation of the
Course by Manager (excluding intentional malfeasance or gross negligence by
Manager), the breach of any representation or warranty by Owner, any act, omission or
neglect of Owner, its agents, contractors, employees or invitees, or a Default by Owner,
10.3.
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or arising out of, involving, or resulting from all liabilities and obligations transferred,
assumed or to be assumed by Owner in accordance with Section 9 of this Agreement.
Limitation of Liability. Notwithstanding anything contained herein to the
contrary, the liability of Manager hereunder will be limited to the amount of
Management Fees paid hereunder, and in no event will any other assets of Manager or
any constituent member or other affiliate of Manager be subject to any claim arising out
of or in connection with this Agreement.
10.4.
10.5.Notice of Claims. Manager and Owner will provide each other with prompt
written notice of any event covered by the indemnity provisions of this Agreement and
in the event a claim or action is filed, each party may employ attorneys of its own
choosing to appear and defend the claim or action on its behalf Failure to provide such
notice, however, will not limit any party’s indemnity obligations hereunder.
11. INSURANCE. As an Expense of the Course, Manager will obtain insurance of the types and
in the amounts set forth below from an underwriter(s) licensed to do business in the state in
which the Course is located. Manager will furnish certificates of insurance to Owner
evidencing the required insurance on or before the Effective Date or the Insurance Coverage
Date (defined below), as applicable, and thereafter will furnish new certificates upon request.
11.1.Type and Amount of Insurance. The type and minimum amount of insurance to
be obtained by Manager in the name of and/or on behalf of the Course will be:
11.1.1. Worker’s Compensation in the minimum amount required by law and Employer’s
Liability with limits not less than $100,000/$500,000/$ 100,000, with a waiver of
subrogation in favor of Owner and the policy endorsed to name Owner as an
alternate employer.
11.1.2. Commercial General Liability to include coverage for the following; (a)
Premises/Operations; (b) Independent Contractors; (c) Personal Injury; (d) Liquor
Liability; and (e) Products/Completed Operations. Sueh coverage must be
maintained in an amount not less than $1,000,000 per oecurrence and $2,000,000
aggregate. Manager will be named as an additional insured on a primary and non
contributory basis, and the policy will have a waiver of subrogation in favor of
Manager.
11.1.3. Crime/Employee Dishonesty Insuranee eovering all employees and officers
having access to money collected in an amount sufficient to protect against loss of
the largest dollar amount in the control or possession of an employee at any given
time, but in no event less than $25,000 per oecurrence.
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11.1.4. Property Insurance on special foim, replacement cost and agreed amount basis on
all real and personal property and contractors and maintenance equipment. Such
coverage will also include equipment breakdown, including spoilage.
11.1.5. Comprehensive Automobile Liability to include coverage for the following: (a)
Owned/Leased Automobiles; (b) Non-owned Automobiles; and (c) Hired Cars.
Such coverage must be maintained in an amount not less than $1,000,000
combined single limit for bodily injury and property damage, with Manager
named as an additional insured.
11.1.6. Commercial Umbrella Liability with no less than $5,000,000 limit.
11.1.7. Additional Insurance Requirements. With respect to the above-described
insurance, the policies shall provide for thirty (30) days' written notice of any
material change, temiination or cancellation to Owner. Further, the policies
procured in the name of and/or on behalf of the Course will provide primaiy and
non-contributory coverage for all losses and damages covered thereby.
11.2.Insurance Coverage Date. Manager’s obligation to procure the insurance
coverages required by Sections 1 1.1.2., 11.1.4, 11.1.5. and 11.1.6. shall not become
effective until the later of the following to occur; (i) 30 days following the Effective
Date, or (ii) within 21 days following Manager’s receipt from Owner of all infonnation
reasonably requested by Manager related to the Course’s insurance coverage and loss
history prior to the Effective Date (the “Insurance Coverage Date’’). Prior to the
Insurance Coverage Date, Owner will be responsible for providing the coverages
required by Sections 11.1.2., 11.1.4., 11.1.5, and 11.1.6. and Manager shall have no
obligation to ensure the adequacy of such coverage.
11.3.Covenant of Cooperation. Manager will provide Owner with prompt written
notice of any material damage, loss or injuries suffered at the Course, significant
complaints, whether written or otherwise, about the Course or its management, and
actual or anticipated disputes with or claims by third parties, including, but not limited
to, adjacent landowners. Manager further covenants to cooperate with Owner in
resolving any such complaints, disputes or claims and Owner covenants to cooperate
with Manager in resolving any such complaints, disputes or claims.
12. OWNER’S REPRESENTATIONS AND WARRANTIES. To induce Manager to enter into
this Agreement, Owner makes the following representations and waixanties to Manager:
Each of the Recitals set forth in this Agreement is true and correct.12.1.
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12.2.Owner is the lessee the Course pursuant to a Lease Agreement with the Lessor
Hall County Airport Authority.
Owner has power and authority and all legal rights to enter into and perfonn this
Agreement. The individual executing this Agreement on behalf of Owner has the
authority to do so and to so legally bind the Owner. This Agreement, when duly
authorized, executed and delivered by the parties hereto, will create a valid and binding
obligation on the part of Owner, enforceable against Owner in accordance with its tenns.
12.3.
Except as previously disclosed in writing to Manager, there are no actions, suits or
proceedings pending or, to the knowledge of Owner, threatened against Owner or
affecting Owner, the Course or any of Owner’s assets, properties or rights, at law or in
equity, by or before any court, arbitrator, administrative or governmental body or other
person. Except as previously disclosed in writing to Manager, Owner is not in violation
or default with respect to any applicable law or regulation which affects the Course or
the condition (financial or otherwise) of the Owner and the Course fully complies with
all applicable federal, state and local laws, ordinances, regulations, orders and directives.
12.4.
Except as provided herein. Owner has not granted to any person or entity not a
party to this Agreement any rights of use or occupancy of the Course, or any part or
portion thereof, including but not limited to any leasehold rights or interests.
12.5.
12.6.The Course is adequate and in sufficiently good condition for Manager to operate
a golf course, pro shop, clubhouse and other services contemplated by the tenns of this
Agreement. The Course has all water and utility hook-ups necessary to operate the golf
course, pro shop, clubhouse and other services contemplated by the terms of this
Agreement.
13. MANAGER’S REPRESENTATIONS AND WARRANTIES. To induce Owner to enter
into this Agreement, Manager makes the following representations and warranties to Owner:
Each of the Recitals set forth in this Agreement is tme and correct.13.1.
Manager is a duly organized and validly existing limited liability company in
good standing under the laws of the State of Nebraska and is duly qualified to do
business in the state in which the Course is located.
13.2.
Manager has the full power and authority and all legal rights to enter into and
perform this Agreement and any other agreement refeixed to herein and contemplated by
this Agreement. The individual executing this Agreement on behalf of Manager has the
authority to do so and to so legally bind the Manager. This Agreement, when duly
authorized, executed and delivered by the parties hereto, will create a valid and binding
13.3.
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obligation on the part of Manager, enforceable against Manager in accordance with its
tenns.
During the Term and any renewal thereof, Manager shall not own nor contract to
manage or operate a public or daily fee golf course located within 30 miles of the
Course.
13.4.
14. ENVIRONMENTAL INDEMNITY. Owner agrees to indemnify, defend and hold hamiless
Manager from any and all claims, damages, fines, judgments, penalties, costs, liabilities or
losses (including, without limitation, any and all sums paid for settlement of claims,
attorneys’ fees, consultant and expert fees) arising during or after the Term of this Agreement
or in connection with the presence or suspected presence of Hazardous Substance (as defined
below) in or on the Course, unless the Hazardous Substance is present solely as the result of
the gross negligence or willful misconduct of Manager or Manager’s employees. Without
limitation of the foregoing, this indemnification will include any and all costs incumed
between investigation of the site through the time of completion of any clean-up, removal or
restoration mandated by a federal, state or local agency or political subdivision, unless the
Hazardous Substance is present solely as a result of the gross negligence or willful
misconduct of Manager or Manager’s employees. This indemnification will specifically
include any and all costs due to Hazardous Substance which flows, diffuses, migrates or
percolates into, onto or under the Course after the Agreement Term commences. As used
herein, “Hazardous Substance” means any substance which is toxic, ignitable, reactive or
coiTOsive and/or which is regulated by any local government, the state in which the Course is
located or the United States Government. “Hazardous Substance” includes any and all
material or substances which are defined as “hazardous waste,” “extremely hazardous
waste,” or “hazardous substance,” pursuant to state, federal or local governmental law and
includes, but is not limited to, asbestos, radon, PCBs and petroleum and petroleum-
containing products. This provision will survive the termination of this Agreement.
15. RELATIONSHIP OF THE PARTIES. The relationship between Owner and Manager will be
and at all times remains that of owner and independent contractor, respectively. Neither
Owner nor Manager will be constraed or held to be a partner, limited partner, associate or
agent of the other, or be joint venturers with one another. Neither Owner nor Manager will
be authorized by the other to contract any debt, liability or obligation for or on behalf of the
other except as specifically provided for herein.
16. NOTICES. Except as otherwise specifically provided herein, any and all notices required or
permitted under this Agreement must be in writing and will be deemed delivered (i) upon
personal delivery, (ii) upon mailing thereof when properly addressed and deposited in the
United State Mail, first class postage prepaid, registered or certified mail, return receipt
requested, (ii) when properly addressed upon deposit with Federal Express, Express Mail or
other trackable overnight courier service, or (iv) when sent by email if receipt of the email
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content can be confimied, with time of receipt being the uniforai time the email enters the
inforaiation processing system that the recipient has designated or uses for the purpose of
receiving email. Notices will be properly addressed if addressed to the parties as follows;
If to Owner:City of Grand Island
Attn: City Administrator
P.O. Box 1968
Grand Island, NE 68802
If to Manager:Landscapes Golf Management,
LLC
Attn: Tom Everett, Manager
1201 Aries Drive
Lincoln, NE 68512
The addresses for notices may be changed by written notice given to the other party as provided
above.
17. GENERAL TERMS.
Further Acts. Each party to this Agreement agrees to execute and deliver all
documents and instruments and to perfonu all further acts and to take any and all further
steps that may be reasonably necessary to carry out the provisions of this Agreement and
the transactions contemplated herein.
17.1.
Section Headings. The various section, subsection, paragraph, subparagraph and
clause headings in this Agreement are for convenience and reference only and in no way
define, limit, extend or interpret the scope or interpretation of this Agreement or of any
particular section, subsection, paragraph, subparagraph and clause contained herein.
17.2.
Inteipretation. Unless the context requires otherwise, words used in the singular
number include the plural and vice-versa.
17.3.
Amendments and Waivers. This Agreement can be modified only by written
instalment executed by the parties hereto. Any waiver of any provision of this
Agreement must be made in writing executed by the party who could demand fulfillment
of such waived provision.
17.4.
Dispute Resolution.17.5.
17.5.1. Owner and Manager are fully committed to working with each other so as to
avoid or minimize disputes or disagreements. If disputes or disagreements do
arise, Owner and Manager will first attempt to resolve such disputes or
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disagreements through discussions between senior representatives of Owner and
Manager. Upon the request of either party, such representatives will meet as soon
as conveniently possible, but in no case later than thirty (30) days after such a
request is made, to attempt to resolve such dispute or disagreement. Prior to any
meetings between the senior representatives, the parties will exchange relevant
infonuation that will assist the parties in resolving their dispute or disagreement.
17.5.2. If a meeting between the senior representatives does not result in a resolution
satisfactory to both parties. Owner and Manager agree that the parties will attempt
to resolve their dispute through use of a mediator. If the parties are unable to
successfully resolve their dispute through mediation or cannot agree upon a
mediator then either party may commence an action in the Nebraska state courts.
17.6.Waiver of Consequential Damages. Notwithstanding anything herein to the
contrary, neither Owner nor Manager will be liable to the other for any special,
consequential or exemplaiy damages or losses of any kind, whether arising in contract,
warranty, tort (including negligence), strict liability or othewise, including, but not
limited to, losses of use, profits, business, reputation, or financing.
Assignment. Neither party can assign this Agreement or its rights, duties and
obligations hereunder without the prior written consent of the other party, which consent
must not be unreasonably withheld.
17.7.
17.8.Successors and Assigns. This Agreement is binding upon and will inure to the
benefit of the parties hereto and their respective permitted successors and assigns.
Governing Law. This Agreement will be construed under and in accordance with
the laws of the State of Nebraska.
17.9.
Counterparts; Electronic Signatures. This Agreement and all amendments and
supplements to it may be executed by the parties in separate counterparts and by
facsimile transmission or electronic transmission in PDF foiinat, each of which when so
executed and delivered shall be an original, and all such counterparts and facsimile or
electronic copies shall together constitute one and the same instmment.
17.10.
Severability. Should one or more of the provisions of this Agreement be
detenuined to be illegal or unenforceable, the other provisions nonetheless will remain in
full force and effect. The illegal or unenforceable provision or provisions will be
deemed amended to confoiin to applicable laws so as to be valid and enforceable if such
an amendment would not materially alter the intention of the parties.
17.11.
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Entire Agreement. This Agreement (together with any attached exhibits)
constitutes the entire agreement between the parties concerning the subject matter of this
Agreement, and supersedes all prior agreements, arrangements, understandings,
restrictions, representations or wan-anties, whether oral or written, between the parties
relating to the subject matter of this Agreement.
17.12.
Outside Businesses. Nothing contained in this Agreement will be construed to
restrict or prevent, in any manner, any party or any party’s affiliates, parent companies,
or representatives or principals from engaging in any other businesses or investments,
nor will Owner or Manager have any right to share or participate in any such other
businesses or investments.
17.13.
Approvals. Any consent or approval refeiTed to herein (by whatever words used)
of either party must not be unreasonably withheld, delayed or conditioned, and neither
party may seek or obtain any payment as a condition therefor. In the event that either
party refuses to give its consent or approval to any request by the other, such refusing
party must indicate by written notice to the other the reason for such refusal.
17.14.
17.15.No Third-Party Beneficiaries. Nothing herein contained will be deemed to
establish any rights of third parties against the parties hereto, it being the intent that the
rights and obligations set forth herein are those of the parties hereto alone, with no third
party beneficiary rights intended.
Survival. All covenants, agreements, representations, and warranties made
herein will survive the execution and delivery of (i) this Agreement, and (ii) all other
documents and instruments to be executed and delivered in accordance herewith, and
will continue in full force and effect during the Term of this Agreement.
17.16.
Force Maieure. The provisions of this Section 17.17. will be applicable if there
occurs during the Term any (i) strikes, lockouts, or labor disputes, (ii) inability to obtain
materials or reasonable substitutes therefore, (iii) acts of God, governmental restrictions,
regulations, or controls, enemy or hostile governmental action, civil commotion, fire, or
other casualty, or (iv) other conditions similar to those enumerated in this section beyond
the reasonable control of the party obligated to perfonn. If either party, as a result of any
of the above-described events, fails punctually to perform any obligation on its part to be
performed under this Agreement (an “Unavoidable Delay”), then, upon written notice to
the other, within thirty (30) days of such Unavoidable Delay, such failure will be
excused and not be a breach of this Agreement by the party claiming the Unavoidable
Delay, but only to the extent occasioned by such Unavoidable Delay. If any right or
option of either party to take any action under or with respect to the Term is conditioned
upon the same being exercised within any prescribed period of time or at or before a
named date, then such prescribed period of time or such named date will be deemed to
17.17.
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be extended or delayed, as the case may be, upon written notice, as provided above, for a
time equal to the period of the Unavoidable Delay. Notwithstanding anything contained
herein to the contrary, the provisions of this section will not be applicable to either
party’s obligation to pay any sums, monies, costs, charges, or expenses required to be
paid pursuant to the terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date set forth above.
City of Grand Island, a Municipal Coiporation and Political
Subdivision of the State of Nebraska
By;
Roger G. Steele, Mayor
[Attest]
RaNae Edwards, City Clerk
LANDSCAPES GOLF MANGEMENT,
LLC, a Nebraska limited liability company
By:
Tom'Tiverett, Manager
Approved by
Stacy Nonhof
Interim City Attorney
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Approved as to Form ¤ ___________
November 23, 2020 ¤ City Attorney
R E S O L U T I O N 2020-316
WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for
Management of Jackrabbit Run Golf Course; and
WHEREAS, on September 2, 2020 one (1) request for proposal was received; and
WHEREAS, Landscapes Golf Management from Lincoln, Nebraska, submitted a
proposal in accordance with the terms of the Request for Proposals; and
WHEREAS, the Contract 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 proposal from Landscapes Golf
Management from Lincoln, Nebraska for Management of Jackrabbit Run Golf Course, is hereby
accepted and approved as the lowest responsive proposal submitted, and that the contract by and
between the City and the Vendor be and hereby is approved, and the Mayor is authorized to sign
such contract on behalf of the City.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/24/2020 Page 298 / 299
City of Grand Island
Tuesday, November 24, 2020
Council Session
Item J-1
Approving Payment of Claims for the Period of November 11, 2020
through November 24, 2020
The Claims for the period of November 11, 2020 through November 24, 2020 for a total amount of
$3,365,924.31. A MOTION is in order.
Staff Contact: Patrick Brown
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