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05-25-2021 City Council Regular Meeting Packet City of Grand Island Tuesday, May 25, 2021 Council Session Agenda City Council: Jason Conley Michelle Fitzke Bethany Guzinski Chuck Haase Maggie Mendoza Vaughn Minton Mitchell Nickerson Mike Paulick 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 - 5/25/2021 Page 1 / 213 City of Grand Island Tuesday, May 25, 2021 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 - 5/25/2021 Page 2 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item C-1 Budget Review Staff Contact: Patrick Brown Grand Island Council Session - 5/25/2021 Page 3 / 213 Working Together for a Better Tomorrow. Today. City Hall ● 100 East First Street ● Box 1968 ● Grand Island, Nebraska 68802-1968 (308)385-8888, Ext. 888 ● FAX: 385-8888 ● Emergency: 385-5000 Memorandum to Electeds, Mayor Steele, and Jerry Janulewicz, City Administrator From: Patrick Brown, Finance Director Date: May 25, 2021 RE: April 2021 Revenue Report Year to date (YTD) Sales tax receipts for the General Fund for fiscal year 2021 is down 1.3% or $107k. These receipts reflect the sales tax collections in the month of February. Sales activity for the month of February were down by $43k when compared to the same period in 2020-2021. I expect to see further increases over prior periods going forward due to the pandemic concerns in 2020. YTD Property Tax revenue for FY2021 is 1.9% more than the same period last year. This revenue source is collected by Hall County and remitted to the City. YTD Licenses & Permits receipts are up 14.9% over the same period last year. The increase is due to one large permit for Tabatha, Inc. for $145k and the overall rising costs of construction. This revenue source is usually volatile but with the unpredictable costs of construction, it has become even more volatile. Motor Vehicle Sales Tax and Motor Vehicle Tax revenues continue to be strong. Receipts are up 17.6% or $218k for the fiscal year 2021. The positive momentum for auto sales can be contributed to low interest rates and the issuance of government stimulus checks. Food and Beverage Occupation Tax had a very strong March. When compared to the pandemic month of March 2020, Food & Beverage Tax was up by $74k or 46.3%. The collection of $234k in Food & Beverage tax is the highest collected month since it’s inception. Rental Car Occupation Tax is starting to climb back up from pandemic levels. The month of March shows an increase in tax by 9.6% over the same period last year. However, this revenue source is not rebounding as fast as some of the other occupation taxes. Hotel Occupation Taxes showed a sizable increase over the pandemic month of March 2020. During the race season in 2020, spectators were not allowed starting on March 23, 2020. For the 2021 race season, seating was establish at 75% of capacity. Hotel Occupation Tax was up 70% over last March but is still currently down year to date by 13.4%. 5444 161 5565 Grand Island Council Session - 5/25/2021 Page 4 / 213 Working Together for a Better Tomorrow. Today. City Hall ● 100 East First Street ● Box 1968 ● Grand Island, Nebraska 68802-1968 (308)385-8888, Ext. 888 ● FAX: 385-8888 ● Emergency: 385-5000 Below is table showing other revenue sources. If you have questions regarding the revenues please do not hesitate to contact me. Best Regards, Patrick Brown Finance Director Revenue Source April 2020-21 April 2019-20 % Chg Prior Year April 2018-19 YTD 2020-21 YTD 2019-20 % Chg Prior Year YTD 2018-19 Property Taxes (General Fund)833,611$ 1,814,803$ -54.1%513,862$ 3,158,163$ 3,098,174$ 1.9%2,850,183$ Fees & Services (General Fund)943,128$ 562,560$ 67.6%444,966$ 4,866,353$ 4,161,840$ 16.9%4,153,909$ Licenses & Permits ( General Fund)49,659$ 48,568$ 2.2%40,600$ 527,308$ 458,953$ 14.9%373,544$ Sales Tax (General Fund - February Sales)1,001,105$ 1,043,773$ -4.1%717,073$ 7,854,172$ 7,960,713$ -1.3%6,998,318$ Sales Tax (2004 Sales Tax for projects only)200,221$ 208,755$ -4.1%143,449$ 1,570,834$ 1,592,143$ -1.3%1,399,999$ Sales Tax (2018 Sales Tax for projects only)400,442$ 417,509$ -4.1%-$ 3,141,669$ 3,184,285$ -1.3%-$ Motor Vehicle Sales Tax (Streets Fund)161,816$ 167,890$ -3.6%114,691$ 1,461,183$ 1,242,927$ 17.6%862,684$ Franchise Fees (General Fund)61,494$ 56,027$ 9.8%74,815$ 548,357$ 584,387$ -6.2%654,800$ Motor Vehicle Tax (General Fund)142,127$ 295,082$ -51.8%97,764$ 746,373$ 675,113$ 10.6%645,440$ State Road Use Funds (Streets Fund)451,246$ 458,215$ -1.5%430,731$ 3,589,847$ 3,411,733$ 5.2%3,197,472$ Motor Vehicle Fee (Streets Fund)118,643$ 116,356$ 2.0%109,582$ 345,996$ 321,732$ 7.5%309,815$ Other Intergovernmental (Streets Fund)-$ -$ #DIV/0!2,490$ 1,233,480$ 991,435$ 24.4%1,034,377$ Food & Beverage Revenue (March Sales)234,477$ 160,259$ 46.3%206,255$ 1,358,378$ 1,322,869$ 2.7%1,312,792$ Rental Car Occupation Tax (Capital Equip. Fund - Streets)11,532$ 10,522$ 9.6%12,032$ 61,240$ 87,902$ -30.3%86,030$ Hotel Occupation Tax (goes to Fonner Park)32,528$ 19,130$ 70.0%32,401$ 160,140$ 213,822$ -25.1%203,822$ KENO -$ 27,882$ -100.0%48,341$ 183,729$ 212,124$ -13.4%229,454$ April 2021 Revenue Report Grand Island Council Session - 5/25/2021 Page 5 / 213 City of Grand Island Finance Department Budget Calendar FY 2021-2022 TENTATIVE Page 1 of 2 Day Start Date Action Item End Date Monday April 19, 2021 Send fee schedules to department directors for review April 30, 2021 Monday May 3, 2021 Review and discuss department / fund revenue proposed budget 2021 with directors & city administration May 14, 2021 Open OpenGov for input. Monday May 17, 2021 Departments submit budgets May 28, 2021 Define assumptions and input data into OpenGov. Revenue, personnel, operations and maintenance, and capital outlay requests along with department description and budget narrative updates. Tuesday June 1, 2021 City administration and finance review proposed budgets June 11, 2021 Monday June 14, 2021 City administration and finance meet with department directors regarding proposed budgets July 2, 2021 Tuesday June 29, 2021 Study Session - CARES Act & ARP Funds June 29, 2021 Friday July 16, 2021 Business Improvement District budgets submitted July 16, 2021 Tuesday July 20, 2021 City Council Meeting - Combo Meeting July 20, 2021 General Fund Budget Discussion FTE Discussions Tuesday July 27, 2021 Study Session City Council Meeting July 27, 2021 Capital Projects (210, 211, 220, 400) and Parks Projects Capital Equipment Enterprise Fund Presentations (505, 520, 525, 530). Review of FY 2021-2022 Fee Schedule Discussion of Cost-of-Living (COLA) Increases for Non-Union Employees Jackrabbit Run Golf Course Budget Presentation Tuesday August 10, 2021 City Council Meeting August 10, 2021 Adoption of Fee Schedule Additional FTE Discussion/Approval Presentation of 1 and 6 Year Street Improvement and CIP Publish draft proposed budget book Friday August 20, 2021 County certifies tax values August 20, 2021 Draft BOE/BID Publication (internal) Tuesday August 24, 2021 City Council Meeting August 24, 2021 Approve Business Improvement District budgets and set Board of Equalization date for September 14, 2021 Salary Ordinance CRA Budget Presentation Grand Island Council Session - 5/25/2021 Page 6 / 213 City of Grand Island Finance Department Budget Calendar FY 2021-2022 TENTATIVE Page 2 of 2 Day Start Date Action Item End Date Friday August 27, 2021 Publish BOE meeting (1) (internal)August 27, 2021 Tuesday August 31, 2021 Special Council Meeting for Property Tax Request Only August 31, 2021 Friday September 3, 2021 Publish BOE meeting (2) (internal)September 3, 2021 Tuesday September 7, 2021 City Council Study Session - Review of anticipated final 2021-2022 budget September 7, 2021 Wednesday September 8, 2021 Send budget publication to newspaper (internal)September 8, 2021 Friday September 10, 2021 Publish BOE meeting (3) (internal)September 10, 2021 Tuesday September 14, 2021 City Council Meeting September 14, 2021 Board of Equalization for Business Improvement Districts Public hearing on City general property, Parking District #2 (Ramp), and CRA tax requests. Resolution approving general property, Parking District #2 (Ramp), and CRA tax requests. Ordinance approving BID's Ordinance approving FY 2021-2022 City Budget. Friday September 17, 2021 Complete state budget form (internal)September 17, 2021 Monday September 20, 2021 State budget filing - electronic filing (internal)September 20, 2021 Friday October 8, 2021 Final budget distribution October 8, 2021 Grand Island Council Session - 5/25/2021 Page 7 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item E-1 Public Hearing on Request from Chipotle Mexican Grill, Inc. dba Chipotle Mexican Grill 26-3809, 3440 W. State Street for a Class “I” Liquor License Council action will take place under Consent Agenda item G-2. Staff Contact: RaNae Edwards Grand Island Council Session - 5/25/2021 Page 8 / 213 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 25, 2021 Subject:Public Hearing on Request from Chipotle Mexican Grill, Inc. dba Chipotle Mexican Grill 26-3809, 3440 W. State Street for a Class “I” 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 Chipotle Mexican Grill, Inc. dba Chipotle Mexican Grill 26-3809, 3440 W. State Street has submitted an application for a Class “I” Liquor License. A Class “I” allows for the sale of alcohol on 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 - 5/25/2021 Page 9 / 213 Also submitted was a request for Liquor Manager Designation for Brian Hexsel, 5211 Seward Street, Omaha, Nebraska. Mr. Hexsel has completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. 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 Chipotle Mexican Grill, Inc. dba Chipotle Mexican Grill 26-3809, 3440 W. State Street for a Class “I” Liquor License contingent upon final inspections and Liquor Manager designation for Brian Hexsel, 5211 Seward Street, Omaha, Nebraska. Grand Island Council Session - 5/25/2021 Page 10 / 213 05/12/21 Grand Island Police Department Officer Report for Incident L21050421 Nature:  Liquor Lic Inv Address:  3440 STATE ST W; CHIPOTLE Location:  PAON Grand Island NE 68803 Offense Codes:   Received By:  Dvorak T How Received:  T Agency:  GIPD Responding Officers:  Dvorak T Responsible Officer:  Dvorak T Disposition:  CLO 05/12/21 When Reported:  13:07:56 05/05/21 Occurred Between:  13:07:56 05/05/21 and 13:07:56 05/05/21 Assigned To:   Detail:   Date Assigned:  **/**/** Status:   Status Date:  **/**/**Due Date:  **/**/** Complainant:    Last:    First:    Mid:    DOB:   **/**/**Dr Lic:    Address:    Race:    Sex:    Phone:    City:   , Offense Codes Reported:    Observed:    Circumstances LT21 LT21 Restaurant Responding Officers:   Unit :   Dvorak T 309 Responsible Officer:   Dvorak T Agency:   GIPD Received By:   Dvorak T Last Radio Log:   **:**:** **/**/** How Received:   T Telephone Clearance:   CL CL Case Closed When Reported:   13:07:56 05/05/21 Disposition:   CLO Date:   05/12/21 Judicial Status:    Occurred between:   13:07:56 05/05/21 Misc Entry:    and:   13:07:56 05/05/21 Modus Operandi:   Description :   Method :   Involvements Date Type Description 05/07/21 Name Brito, Fernando C Local manager Grand Island Council Session - 5/25/2021 Page 11 / 213 Officer Report for Incident L21050421 Page 2 of 5 05/12/21 05/05/21 Name Chipotle Mexican Grill, location 05/05/21 Name Hexsel, Brian D Liquor Manager Grand Island Council Session - 5/25/2021 Page 12 / 213 Officer Report for Incident L21050421 Page 3 of 5 05/12/21 Narrative Liquor License Investigation Grand Island Police Department Chipotle Mexican Grill Incorporated has applied for a Class I Liquor License, beer, wine and distilled spirits; on sale only for their new restaurant location in Grand Island. A Liquor Manager was named. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Grand Island Council Session - 5/25/2021 Page 13 / 213 Officer Report for Incident L21050421 Page 4 of 5 05/12/21 Supplement 309 Liquor License Investigation Chipotle Mexican Grill has applied for a Class I Liquor License, which includes beer, wine and distilled spirits, on sale only. The application was made by ownership corporation Cogency Global Inc. The application lists Brian Niccol of California as the managing partner and CEO of Cogency Global Inc. Brian's spouse, Jennifer Niccol is also listed on the application. Cogency Global and Chipotle Inc are both registered corporations in Ohio. There are four persons listed for the Board of Directors for Chipotle Inc. Brian Hexsel is listed as the Nebraska representative, and proposed Liquor Manager. Hexsel lives in Omaha. I learned he is the Liquor Manager for the Omaha and Lincoln Chipotle locations as well. Because Hexsel lives in Omaha, and the other names listed for the Corporation all live out of State, I perused the information provided on the application, and searched for Hexsel in local Spillman files, as well as NCJIS. I found no entries for Hexsel in either database. On 5-5-21 I met with NSP Investigator McCoy at the Grand Island Chipotle, where we interviewed the local store manager, Fernando Brito. Brito answered the Commission questions posed by McCoy. Brito told us that he has two or three years experience in the service industry, and served as Asst Manager for Chipotle since this location opened in 2020. Brito said he was made store manager last month. I discussed local concerns with security/surveillance and what to do about disturbances that might occur on site. McCoy covered the age requirements and training that is needed for other employees, there are 29 total, to serve alcohol. Brito said he would prefer that his store not sell margaritas or mixed drinks, and just stick to bottled beer, because it would make it simpler all around. Brito said he will give his recommendations to Brian Hexsel but did not know if they would act on his advice. I later checked backgrounds through a paid, law enforcement only, database that checks public records and civil disclosures. I found no entries of concern. The Grand Island Police Department has no objections in granting a Class I Liquor license to Chipotle Mexican Grill, with Brian Hexsel as the designated Liquor Manager. Grand Island Council Session - 5/25/2021 Page 14 / 213 Liquor License Application:Class “I”: Chipotle Mexican Grill 26-3809 ! !! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ^_ COLLEGE STRUE DE COLLEGEDIERS AVE NUS HIGHWAY 281 NWEBB RD N13TH ST W ISLE RDELLIE DRSUNRISE AVE14TH ST W 15TH ST W 16TH ST W 17TH ST W 18TH ST W WESTSIDE ST STATE ST W LAWRENCE LNA S P E N C IR OVERLAND DRCONESTOGA DR3440 W STATE ST Legend ^_3440 W State St. !Licensed Locations Road Centerlines1 inch = 500 feet ¯ Grand Island Council Session - 5/25/2021 Page 15 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item E-2 Public Hearing on Request from Eddies Esquina, LLC dba Eddies Esquina, 417 N. Sycamore Street for a Class "D" Liquor License Council action will take place under Consent Agenda item G-3. Staff Contact: RaNae Edwards Grand Island Council Session - 5/25/2021 Page 16 / 213 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 25, 2021 Subject:Public Hearing on Request from Eddies Esquina, LLC dba Eddies Esquina, 417 N. Sycamore Street 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 Eddies Esquina, LLC dba Eddies Esquina, 417 N. Sycamore Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol and distilled spirits 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 - 5/25/2021 Page 17 / 213 Also submitted was a request for Liquor Manager Designation for Karina Terrazas, 804 Geddes Street, Grand Island, Nebraska. Ms. Terrazas 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 Karina Terrazas, 804 Geddes 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 Eddies Esquina, LLC dba Eddies Esquina, 417 N. Sycamore Street for a Class “D” Liquor License contingent upon final inspections and Liquor Manager designation for Karina Terrazas, 804 Geddes Street, Grand Island, Nebraska. Grand Island Council Session - 5/25/2021 Page 18 / 213 05/14/21 Grand Island Police Department Officer Report for Incident L21050420 Nature:  Liquor Lic Inv Address:  417 SYCAMORE ST N 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 05/13/21 When Reported:  13:02:44 05/05/21 Occurred Between:  13:02:44 05/05/21 and 13:02:44 05/05/21 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 LT07 LT07 Convenience Store 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:   13:02:44 05/05/21 Disposition:   CLO Date:   05/13/21 Judicial Status:    Occurred between:   13:02:44 05/05/21 Misc Entry:    and:   13:02:44 05/05/21 Modus Operandi:   Description :   Method :   Crime Class Crime Class Civil Involvements Date Type Description Grand Island Council Session - 5/25/2021 Page 19 / 213 Officer Report for Incident L21050420 Page 2 of 6 05/14/21 05/13/21 Name Eddies Esquina, business 05/05/21 Name Terrazas, Elias spouse 05/05/21 Name Terrazas, Karina applicant 05/05/21 Name Fast Eddies, location Grand Island Council Session - 5/25/2021 Page 20 / 213 Officer Report for Incident L21050420 Page 3 of 6 05/14/21 Narrative Liquor License Investigation Grand Island Police Department Eddies Esquina LLC has applied for a Class D Liquor License; beer, wine and distilled spirits; offsale only. The location is the site of the old Eddies Fast Gas, and has been vacant for several years. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Grand Island Council Session - 5/25/2021 Page 21 / 213 Officer Report for Incident L21050420 Page 4 of 6 05/14/21 Supplement 309 Liquor Investigation Elias and Karina Terrazas have applied for a class D Liquor License; beer, wine and distilled spirits, off sale only; for Eddies Esquina at 417 N Sycamore. This is the site of a longtime business, Fast Eddies. The Terrazas have formed an LLC as the ownership of the company. The location had a liquor license before, but not under the Terrazas' ownership. Esquina is the Spanish word for "corner", so the business is, in English, Eddies' Corner. I checked the background application information provided by Karina and Elias. The married couple will co-own the business, and Karina is listed as the Liquor Manager, with Elias filling out the form as her spouse. Karina disclosed no moving violations, but listed several civil judgements against her. The listed incidents all occurred prior to 2014. Elias listed two minor moving violations, one of which occurred in 2020, and all the same civil judgements that Karina had listed. I checked local Spillman files, as well as NCJIS. I found the historical civil incidents that Karina listed on her application. Karina has no NE criminal history, and no other items of concern were noted. Elias also had no criminal history locally. I observed the traffic related violations disclosed by Elias, but also noted one conviction, from back in 2003, for Speeding in Hamilton County. That conviction was not on the application. Elias also had the civil judgements in conjunction with Karina. I also utilized a paid, law enforcement only, database that normally shows address and phone information, as well as any civil liabilities. No items of concern were noted. I met with the Terrazas at 417 N Sycamore on 5-11-21. NSP Trooper McCoy has retired, and I do not know his replacement, so the NSP investigation would be done separately. Karina and Elias were cooperative, helpful, and proud of the work they have already completed in refurbishing the building. Elias advised that he does not plan to work at Eddies Esquina very often. He said he operates his own construction business, and when the renovations are completed, he will return to his full time job. Karina said that she plans to work the most hours, and be supplemented by her two adult daughters, though they will be hourly employees, and they have no ownership or interest in the LLC or the business itself. Currently the plan is to have the business open from 1000 until 2200 Monday through Thursday, 1000 until midnight on Friday and Saturday, and be closed on Sundays. Karina said she does not plan, at the current time, to hire any outside employees. We discussed surveillance equipment, which Elias said he has already planned for, though it was not yet installed. We discussed disturbances, selling to minors, and compliance checks, topics normally covered by the NSP investigator. Both Karina and Elias advised that they want to be known as a good addition to the neighborhood, and know that the previous iteration had a reputation for being a "problem location" and they want to change that image for their business. Elias said he wants to be known as having a family friendly environment. Karina said she wants to concentrate on having snacks and food that will entice folks from the neighborhood, and families from Lions Club Park to shop in their store. She said they will sell beer because it is a necessary item Grand Island Council Session - 5/25/2021 Page 22 / 213 Officer Report for Incident L21050420 Page 5 of 6 05/14/21 to have available for customers, but alcohol will not be their main focus. I answered some of the couple's questions about training for Karina and their daughters regarding alcohol sales and violations. After a tour of the facility, and recommendations about securing exterior doors beside the main entrance, I departed. I later remembered that I wanted to ask Elias about the conviction from 2003. I contacted Elias by phone. He advised that he forgot about that speeding ticket, in Hamilton County, when filling out the application because it was so long ago. However, he confirmed that he was stopped on Highway 34 by a State Trooper, and later paid his fine as required. He said it was an oversight on his part. The GIPD has no objections in granting Elias and Karina Terrazas, DBA Eddies Esquina LLC, a Class D Liquor License for their convenience store at 417 N Sycamore. Grand Island Council Session - 5/25/2021 Page 23 / 213 Liquor License Application:Class “D”: Eddies Esquina ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ^_2ND ST ELOCUST ST S7TH ST E4TH ST E1ST ST EDIVISIO N ST W6TH ST EB E A L S T SYCAMORE ST SC L E B U R N S T N DIVISIO N ST E9TH ST W 5TH ST ESO U TH FRONT ST E11TH ST W SOU TH FRONT ST W NORTH FR O NT ST EC E D A R S T N 2ND ST W 1ST ST W3RD ST W 3RD ST E10TH ST W 8TH ST W 8TH ST E7TH ST W 6TH ST W 9TH ST E4TH ST W5TH ST W10 TH ST ENORTH FRO NT ST W K I M B A L L A V E N E D D Y S T N KIMBALL AVE SWA L N U T S T SWH E E L E R A V E N PIN E S T N VIN E S T N E L M S T N L O C U S T S T N O A K S T N W A L N U T S T N S Y C A M O R E S T N S AIN T P A U L R D COURT ST E PLUM ST N OAK ST SPINE ST S417 N Sycamore St Legend ^_417 N Sycamore St !Licensed Locations Road Centerlines1 inch = 500 feet ¯ Grand Island Council Session - 5/25/2021 Page 24 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item E-3 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 2 located at 1607 South Locust Street (Bosselman Real Estate LLC) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 25 / 213 Council Agenda Memo From:Chad Nabity, AICP CRA Director Meeting:May 25, 2021 Subject:Site Specific Redevelopment Plan for CRA Area #2 Presenter(s):Chad Nabity, AICP CRA Director Background In 2000, the Grand Island City Council declared property referred to as CRA Area 2 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation, and adjacent public streets. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Bosselman Real Estate LLC has submitted an application to amend their approved plan for tax increment financing at their corporate office located at 1607 S. Locust Street. The original redevelopment plan for this property approved on September 8, 2015 proposed the development of a 100 room hotel to the west of the corporate office building. Changes in the market for hotel space have caused Bosselman’s to reexamine the plan and they are now proposing a quick serve restaurant at this location. The change from a 100 room hotel to a quick serve restaurant is significant and requires approval of an amendment to the plan. The property is zoned B-2 General Business in the AC Arterial Commercial Corridor the proposed use is consistent with the current zoning and future land use of the property. Staff has prepared an amendment to the approved redevelopment plan for this property consistent with the amended TIF application. The CRA reviewed the proposed development plan on April 14, 2021 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on May 5, 2021. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on May 5, 2021. The Planning Commission approved Resolution 2021-03 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island Council Session - 5/25/2021 Page 26 / 213 Grand Island. The CRA approved Resolution 352 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #2 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for acquisition, redevelopment and renovation of the commercial building at this location. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project was issued for a period of 15 years in 2016 after approval of the project in the amount of $6,552,000. The amount of TIF proposed as repayment of that bond will be reduced by more than $2,300,000 based on the proposed difference of valuation between the hotel and the quick serve restaurant. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 5/25/2021 Page 27 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Redevelopment Plan Amendment Grand Island CRA Area 2 July 2015 Amended April 2021 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 2 within the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a commercial project in Area 2. Executive Summary: Project Description THE ACQUISITION OF PROPERTY AT 1607 SOUTH LOCUST STREET AND THE SUBSEQUENT SITE WORK, RENOVATIONS, UTILITY IMPROVEMENTS, ENGINEERING, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR REBUILDING CORPORATE OFFICE FOR BOSSELMAN COMPANIES ALONG WITH A MOTEL QUICK SERVE RESTAURANT AND SEPARATE PROFESSIONAL OFFICE SPACE AT THIS LOCATION. The use of Tax Increment Financing (TIF) to aid in the acquisition of property, rehabilitation of the existing building, necessary site work and installation of public utilities and utility connections necessary to develop this site. The use of TIF makes it feasible to complete the proposed project within the timeline presented. This project developer has stated that the project will not be completed at this location without the use of TIF. The acquisition, rehabilitation, site work and construction of all improvements will be paid for by the developer. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the acquisition, site work and remodeling. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2017 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE PROPERTY AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located east of Locust Street south of State Fair Boulevard and west of Fonner Park in south central Grand Island, the attached map identifies the subject property and the surrounding land uses: Legal Description Lot 1 of Fonner Fourth Subdivision (It is anticipated this property will be re-subdivided to accommodate phases 2 and 3 of this proposal. Grand Island Council Session - 5/25/2021 Page 28 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Grand Island Council Session - 5/25/2021 Page 29 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 The tax increment will be captured for the tax years the payments for which become delinquent in years 2018 through 2031 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from the construction of new commercial space on this property. Statutory Pledge of Taxes. Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in the Redevelopment Project Area shall be divided, for the period not to exceed 15 years after the effective date of the provision, which effective date shall be January 1, 2017. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Grand Island Council Session - 5/25/2021 Page 30 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on September 13, 1999.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to acquire the necessary property and provide the necessary site work for the construction of a permitted use on this property. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area 2 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. The applicant will be acquiring the property from the current owner. b. Demolition and Removal of Structures: The project to be implemented with this plan will not require demolition of any existing structures. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for commercial development within this arterial corridor allowing for maximum exposure. Residential and hotel uses are also permitted in this area [§18-2103(b) and §18-2111]. The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 5/25/2021 Page 31 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 City of Grand Island Future Land Use Map Grand Island Council Session - 5/25/2021 Page 32 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B2-AC General Business zone with an Arterial Commercial Overlay District. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is proposing to remodel the existing retail building for a combination of retail uses, office uses and residential dormitories. In addition, there are future phases that anticipate the development of a 100 room motel quick serve restaurant at the northwest corner of the site and additional in-line professional office space along the southern property line. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. Connections for water and sewer will have to be extended to serve the proposed future development. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] Grand Island Council Session - 5/25/2021 Page 33 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This amendment does not provide for acquisition of any residences and therefore, no relocation is contemplated. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer is proposing to purchased this property for redevelopment for $1,700,000 provided that TIF is available for the project as defined. The cost of property acquisition is being included as a TIF eligible expense. Costs for site preparation, utility extensions, building plans, and renovation of the existing building $6,591,600 and are included as TIF eligible expenses for phase 1. Phase 2 eligible expenses include sitework/utility extensions, architecture and legal fees of $315,000. Phase 3 eligible expenses include architecture and legal fees of $120,000. The total amount of the TIF eligible expenses in this request is over $8,700,000 It is estimated based on the proposed increased valuation for Phase 1 of the project of $11,617,706 will result in $3,836,200 of increment generated over a 15 year period. Phase 2 would generate an increase in value of $8,083,000 521,273,with $2,491,229 102,114 generated over a 14 9 year period. Phase 3 would generate an increase of $787,000 with $225,230 17,325 generated over a 13 year period annually for the remainder of the term after construction. A maximum total of $6,552,000 4,094,242 of TIF would be available to cover $8,726,600 worth of TIF eligible expenses. It is anticipated that the developer will spend almost $2,175,000 more on eligible expenses than will be generated by the tax increment. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will has assisted the project by granting the sum of $6,552,000 for the project from the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt after January 1, 2018 through December 2032. Grand Island Council Session - 5/25/2021 Page 34 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan, in that it will allow for the utilization of the existing building and development of additional commercial facilities at this location. This lot is surrounded by similar commercial uses. This will not increase traffic in the area. New commercial development will raise property values and provide a stimulus to keep surrounding properties properly maintained. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. 8. Time Frame for Development Development of Phase 1 of this project is anticipated to be completed between January of 2016 and December of 2016. Excess valuation should be available for this project for 15 years beginning with the 2017 tax year. It is anticipated that Phases 2 will be completed before the end of 2021. Phase 3 will be completed within 5 years of the beginning of the project when feasible depending on market conditions. 9. Justification of Project The property is located at the entrance to the Fonner Park and the Nebraska State Fair Grounds. These facilities are enjoyed and visited by hundreds of thousands of people each year. This commercial property was vacated in May of 2015 and this is an excellent chance to redevelop the property as the corporate headquarters for a Grand Island based company that does business all over the United States. The proposed project will be highly visible and complement the image of both the Community and the Bosselman Grand Island Council Session - 5/25/2021 Page 35 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Companies. The potential addition of a hotel at this location increases the synergy between Fonner Park and the Bosselman Conference center and South Locust. This will provide hotel rooms within close walking distance to these facilities. Market conditions and the likelihood that a casino and hotel complex will be completed on the Fonner Grounds greatly reduce the commercial viability of a hotel at this site. This project does not propose to tear down or substantially alter any buildings with historic value. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Bosselman Skagway South Redevelopment Project, including: Project Sources and Uses. Approximately $6,552,000 4,094,000 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This project still has more than $8,726,600 8,576,600 worth of TIF eligible expenses. The developer will be responsible for funding the additional $2,174,600 4,482,600 as private investment. The total private investment on this project is the total of the costs not eligible for TIF $11,215,000 3,175,000 plus the $2,174,600 4,482,600 of TIF eligible costs that will not be covered by the Tax Increment for a total private investment of $13,389,600 7,657,600. This $6,552,000 4,094,000 investment by the Authority and the people of Grand Island will leverage $13,389,600 7,657,600 in private sector financing; a private investment of $2.04 1.87 for every TIF dollar investment. Use of Funds. Phase 1 Description Eligible for TIF Funds Private Funds Total Site Acquisition $1,700,000 $1,700,000 Utilities/On Site Improvements $500,000 $500,000 Legal Private $5,000 $5,000 Legal CRA Cost1 $35,000 $35,000 Fees1 $1,600 $1,600 Architecture $60,000 $60,000 Building Rehabilitation Costs $6,000,000 $6,000,000 Soft Costs $215,000 $215,000 Personal Property $750,000 $750,000 TOTALS $8,301,600 $965,000 $9,266,600 1 Not included on application but shown as an eligible expense to be paid by the developer. Grand Island Council Session - 5/25/2021 Page 36 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Use of Funds. Phase 2 Description Eligible for TIF Funds Private Funds Total Site Acquisition $0 $0 Utilities/On Site Improvements $0 $110,000 $0 $110,000 Legal Private $5,000 $$5,000 Fees $$ Architecture $60,000 $35,000 $$60,000 $35,000 Building Costs $9,000,000 $1,070,000 $9,000,000 $1,070,000 Soft Costs $205,000 $110,000 $205,000 $110,000 Personal Property $$ TOTALS $65,000 $145,000 $9,215,000 $1,180,000 $9,280,000 $1,325,000 Use of Funds. Phase 3 Description Eligible for TIF Funds Private Funds Total Site Acquisition 0 0 Utilities/On Site Improvements $100,000 $100,000 Legal Private $5,000 $5,000 Fees $0 $0 Architecture $15,000 $15,000 Building Costs $1,000,000 $1,000,000 Soft Costs $30,000 $30,000 Personal Property $$ TOTALS $120,000 $1,030,000 $1,150,000 Tax Revenue. The property to be redeveloped has a January 1, 2015, valuation of approximately $2,290,814. Based on the 2014 levy this would result in a real property tax of approximately $50,292. It is anticipated that the assessed value will increase by almost $20,500,000 12,926,014 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $451,000 284,418 annually resulting in $6,552,000 4,094,242 of increment over the 15 year period. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Grand Island Council Session - 5/25/2021 Page 37 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Estimated 2014 assessed value:$ 2,290,814 Estimated 2020 assessed value $ 6,441,977 2020 TIF Base $ 2,652,701 2020 TIF Excess $ 3,789276 Estimated value after completion $ 22,778,988 $ 15,216,825 Increment value $ 20,488,175 $ 12,926,014 Annual TIF generated (estimated)$ 451,017 $ 284,418 TIF bond issue $ 6,552,000 Expected TIF Payout based on revised plan $ 4,094,242 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated 2020 base valuation of $2,290,814 2,652,701. The proposed redevelopment and commercial construction at this location will result in an additional $20,488,175 12,926,014 of taxable valuation based on valuations of similar properties. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. The project will not add any tax burdens to taxing entities. Therefore no tax shifts will occur. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools. Fire and police protection are available and should not be impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This project will not negatively impact employers or employees in the area directly. Bosselman Companies will be able to continue employing people within the City of Grand Island. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and No impacts are anticipated outside of the city or immediate area to total employment from this project other than the incremental increase due to the construction. Grand Island Council Session - 5/25/2021 Page 38 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 (e) Impacts on the student population of school districts within the city or village; and This project is unlikely to create any direct increase in cost for schools in the area. This project does not involve housing and is renovation of an existing commercial site. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project will utilize a piece of property in the Grand Island City Limits that is at the entrance to the Fonner Park and the Nebraska State Fair grounds. This property has been was the home of Skagway South for more than 20 years and the Bosselman Corporate Offices since 2016. Skagway closed in 2015 this past May leaving the building mostly vacant. This project will change this entrance in to the fairgrounds in a positive way, rehabilitate and reutilize the existing building and provide hotel rooms within walking distance of the fairgrounds. Time Frame for Development Development of this project is anticipated to be completed during between October 2015 and December of 2018, depending on the market demand for the buildings in phases 2 and 3. Phases 2 will be completed by the end of 2021 and Phase 3 is dependent on market demand. The date of TIF will be established with the approved contract but it is anticipated that he base tax year should be calculated on the value of the property as of January 1, 2016. Excess valuation should be available for this project for 15 years beginning with the 2017 tax year. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $6,552,000 the projected amount of the eligible expenses for this project. Based on the purchase price of the property and estimates of the expenses of renovation activities and associated engineering fees, the developer will spend more than $8,700,000 on TIF eligible activities. As part of the 2021 amendment it is anticipated that eligible activities will still exceed $8,700,000 and that the total TIF generated will be $4,094,000 not $6,552,000. The eligible activities from Phase 1 of this project exceed the total TIF that will be generated by completion of all three phases of the project. See Attached Site Plan Grand Island Council Session - 5/25/2021 Page 39 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Site Plan As Originally Proposed Grand Island Council Session - 5/25/2021 Page 40 / 213 CRA Area 2 Redevelopment Plan Amendment 1607 S. Locust April 2021 Proposed Phase 2 Development with 2021 Amendent Grand Island Council Session - 5/25/2021 Page 41 / 213 Grand Island Council Session - 5/25/2021 Page 42 / 213 Grand Island Council Session - 5/25/2021 Page 43 / 213 Grand Island Council Session - 5/25/2021 Page 44 / 213 Grand Island Council Session - 5/25/2021 Page 45 / 213 Grand Island Council Session - 5/25/2021 Page 46 / 213 Grand Island Council Session - 5/25/2021 Page 47 / 213 Grand Island Council Session - 5/25/2021 Page 48 / 213 Grand Island Council Session - 5/25/2021 Page 49 / 213 Grand Island Council Session - 5/25/2021 Page 50 / 213 Grand Island Council Session - 5/25/2021 Page 51 / 213 Grand Island Council Session - 5/25/2021 Page 52 / 213 Grand Island Council Session - 5/25/2021 Page 53 / 213 Grand Island Council Session - 5/25/2021 Page 54 / 213 Grand Island Council Session - 5/25/2021 Page 55 / 213 Grand Island Council Session - 5/25/2021 Page 56 / 213 Grand Island Council Session - 5/25/2021 Page 57 / 213 Grand Island Council Session - 5/25/2021 Page 58 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item E-4 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 6 located at 722 North Eddy Street (Ebc Obermiller LLC) Council action will take place under Resolutions item I-2. Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 59 / 213 Council Agenda Memo From:Chad Nabity, AICP CRA Director Meeting:May 25, 2021 Subject:Site Specific Redevelopment Plan for CRA Area #6 Presenter(s):Chad Nabity, AICP CRA Director Background In 2006, the Grand Island City Council declared property referred to as CRA Area 6 as blighted and substandard. This redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation and demolition. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Adam Miller (Miller Tire), representing the Ebc Obermiller LLC, the owner of 722 N Eddy Street has submitted an application for tax increment financing to aid in the redevelopment and renovation of this commercial property south of 8th Street and west of Eddy Street. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on April 14, 2021 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on May 5, 2021. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on May 5, 2021. The Planning Commission approved Resolution 2021-04 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 353 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) Grand Island Council Session - 5/25/2021 Page 60 / 213 and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #6 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for acquisition, demolition and redevelopment of commercial property at this location. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project will be issued for a period of 15 years. The proposed bond for this project will be issued for the amount of $318,285. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 5/25/2021 Page 61 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 1 Redevelopment Plan Amendment Grand Island CRA Area 6 October 2020 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 6 within the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific housing related project in Area 6. Executive Summary: Project Description THE ACQUISITION OF PROPERTY AT 722 N EDDY STREET AND THE SUBSEQUENT SITE WORK, UTILITY IMPROVEMENTS, ENGINEERING, LANDSCAPING, FAÇADE ENHANCMENTS, RECONSTRUCTION AND PARKING IMPROVEMENTS NECESSARY FOR REDEVELOPMENT OF THIS PROPERTY. The use of Tax Increment Financing (TIF) to aid in the acquisition of property, necessary site work and rehabilitation necessary to develop this site. The use of TIF makes it feasible to complete the proposed project within the timeline presented. This project would not be considered at this time and location without the use of TIF. Financing for the project is contingent on TIF The acquisition, site work and construction of all improvements will be paid for by the developer. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the acquisition, site work and remodeling. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2022 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE PROPERTY AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located south of 8th Street and west of Eddy Street in south central Grand Island, the attached map identifies the subject property and the surrounding land uses: Legal Description: Lots One (1), Two (2) and Three (3) Block 14 H. G. Clarks Addition, in the City of Grand Island, Hall County, Nebraska, Grand Island Council Session - 5/25/2021 Page 62 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 2 Existing Land Use Grand Island Council Session - 5/25/2021 Page 63 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 3 This plan amendment provides for the issuance TIF Notes, the proceeds of which will be granted to the Redeveloper. The tax increment will be captured for up to 15 tax years the payments for which become delinquent in years 2022 through 2036 inclusive or as otherwise dictated by the contract. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from the construction of new commercial space on this property. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution, the Authority hereby provides that any ad valorem tax on any Lot or Lots located in the Redevelopment Project Area identified from time to time by the Redeveloper (such Lot or Lots being referred to herein as a "Phase") as identified in a written notice from the Redeveloper to the Authority (each, a "Redevelopment Contract Amendment Notice") for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract Amendment Notice and reflected in a Redevelopment Contract Amendment, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Grand Island Council Session - 5/25/2021 Page 64 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 4 Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on October 9, 2007.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (26) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to acquire the necessary property and provide the necessary site work, utilities and street improvements needed for the construction of a permitted use on this property. The Hall County Regional Planning Commission held a public hearing at their meeting on May 5, 2021 and passed Resolution 2021-05 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(26) (b)] a. Land Acquisition: The Redevelopment Plan for Area 6 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. The applicant will be acquiring the property from the current owner for $245,000. b. Demolition and Removal of Structures: The project to be implemented with this plan will require complete demolition of any existing structures. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for mixed use commercial development. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 5/25/2021 Page 65 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 5 City of Grand Island Future Land Use Map Grand Island Council Session - 5/25/2021 Page 66 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 6 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B2 General Business zone & R4 High Density Residential Zone. A zoning change is necessary for Three (3) Block 14 H. G. Clarks Addition and in process. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18- 2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is proposing to demolish the current structure and construct a car repair shop with nine service bays. f. Additional Public Facilities or Utilities Sewer and water are available to support this development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This amendment does not provide for acquisition of any residences and therefore, no relocation is contemplated. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer is proposing to purchase this property for $245,000. The cost of property acquisition is being included as a TIF eligible expense. Total costs for construction is estimated at $1,209,500 and is not TIF eligible. The cost of grading, dirt work and fill is $20,000. An additional $40,000 of expenses for demolition, along with on-site improvements of $11,000. Including a $5,700 of expenses for legal work, fees and financial tracking of this project are also included as eligible expenses. The total estimated eligible expenses are ‭$‭321,700‬. The request for TIF assistance is $318,825. It is estimated based on the proposed increased valuation to $1,218,278 that Grand Island Council Session - 5/25/2021 Page 67 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 7 available TIF would be $‭‭333,307‬ over the 15 year period. This project should pay off prior to the end of the 15 year bond period. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of not less than ‭$318,285 from the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest according to the approved contract. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan, in that it will allow for the reconstruction and enhanced utilization of commercial space this location. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. 8. Time Frame for Development Development of this project is anticipated to be completed October of 2021. Excess valuation should be available for this project for 15 years beginning with the 2022 tax year. Grand Island Council Session - 5/25/2021 Page 68 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 8 9. Justification of Project This is infill development in an area with all city sewer and water available. The developer owns other properties in the area and has almost 50 full time employees working at those locations and is ready to expand in this area of the community. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed project, including: Project Sources and Uses. A minimum of ‭$318,285 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $‭896,915 in private sector financing and investment; a private investment of $2.82 for every TIF dollar investment. It is estimated this will pay off in 15 years. Use of Funds. Source of Funds Description Eligible for TIF Funds Private Funds Total Site Acquisition $245,000 $245,000 Grading/Dirtwork/Fill $20,000 $20,000 Demolition $40,000 $40,000 On-Site Improvements $11,000 $11,000 Soft Costs $10,000 $10,000 Legal CRA Cost $2,285 $3,415 $5,700 Building Construction Costs $883,500 $883,500 TOTALS $318,285 $896,915 $1,215,200 Tax Revenue. The property to be redeveloped is expected to have has a January 1, 2022, valuation of approximately $1,218,278. Based on the 2021 levy this would result in a real property tax of approximately $26,517. It is anticipated that the assessed value will increase by $‭1,011,158‬ upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over ‭$22,220‬ annually resulting in approximately ‭$333,307‬ of increment over the 15 year period. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Grand Island Council Session - 5/25/2021 Page 69 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 9 Estimated 2021 assessed value:$ 207,120 Estimated value after completion $ 1,218,278 Increment value $ 1,011,158 Annual TIF generated (estimated)$ 22,220‬ TIF bond issue $ 318,285 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area has an estimated valuation of $207,120. The proposed improvements at this location will result in at least an additional $1,011,158 of taxable valuation based on the Hall County Assessor’s office evaluation of the project. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. The project will not add any tax burdens to taxing entities. Therefore no tax shifts will occur. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools. Fire and police protection are available and should not be impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The proposed uses at this site would compete for skilled mechanics positions. The developer already employs almost 50 people and most of those workers would work at this facility. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project is unlikely to have an impact on other employers and employees within the city. (e) Impacts on the student population of school districts within the city or village; and This project is unlikely to create any direct increase in cost for schools in the area. This project does not involve housing and will demolish and reconstruct a facility for commercial use at this site. Grand Island Council Session - 5/25/2021 Page 70 / 213 Ebc Obermiller LLC: 722 N Eddy Street Page | 10 (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. The future land use of this area recommends mixed use commercial development in this area of the community. Eddy Street is commercial corridor and in 2020 the city rezoned the Eddy Street corridor between 9th Street and 17th to B2 General Business Zone. The whole corridor from 4th Street to Five Points is zoned B2. North on Eddy at the Five Points area, the city has developed a plan to construct a major round about to alleviate traffic congestion allowing for a better flow of traffic through the area. Investment in this property will continue to promote the Eddy Street corridor as a sustainable area for commercial development as the city grows. Time Frame for Development Development of this project is anticipated to be completed October 2021. The base tax year should be calculated on the value of the property as of January 1, 2021. Excess valuation should be available for this project for 15 years beginning in the 2022 tax year. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years. The full amount of TIF generated over a 15 year period would be ‭$333,307 and the developer has requested $318,285 to cover just over $321,000 of eligible expenses. 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Cleburn Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/25/2021 Page 93 / 213 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:May 25, 2021 Subject:Ordinance No. 9824 - Consideration of Sale of Property – South ½ of Lot 8, Block 110, Railroad Addition to the City of Grand Island (Abandoned Cleburn Well Site – 360 N. Cleburn Street) Presenter(s):Timothy Luchsinger, Utilities Director Background The City of Grand Island Utilities Department installed the Cleburn Well located on the South ½ of Lot 8, Block 110, Railroad Addition to the City of Grand Island (360 N. Cleburn Street) in 1927 for the purpose of providing cooling water to the Pine Street Power Plant. The well was decommissioned and abandoned in November of 2018. Utilities Administration has begun the process of eliminating unused properties in order to reduce maintenance costs. Discussion A request for proposals was advertised on March 31, 2021, for the property described herein as the South ½ of Lot 8, Block 110, Railroad Addition (360 N. Cleburn Street). Proposals were received on May 6, 2021. One offer was received from HLK, LLC, in the amount of $25,000.00. Upon review of this offer, the listing agent, Legal, and Utilities staff recommend this offer for approval by Council. 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 - 5/25/2021 Page 94 / 213 Recommendation City Administration recommends that the Council approve Ordinance No. 9824 and execution by the Mayor to sell the property described herein as the South ½ of Lot 8, Block 110, Railroad Addition to the City of Grand Island (360 N. Cleburn Street), to HLK, LLC, for the amount of $25,000.00. Sample Motion Move to approve Ordinance No. 9824 and the execution by the Mayor to sell the property described herein as the South ½ of Lot 8, Block 110, Railroad Addition to the City of Grand Island (360 N. Cleburn Street), to HLK, LLC, for the amount of $25,000.00. Grand Island Council Session - 5/25/2021 Page 95 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SALE OF LAND – ABANDONED CLEBURN WELL SITE RFP DUE DATE: May 6, 2021 at 4:15 p.m. DEPARTMENT: Utilities PUBLICATION DATE: March 31, 2021 NO. POTENTIAL BIDDERS: 2 PROPOSALS RECEIVED Bidder: HLK, LLC – Jesse Spike Grand Island, NE Bid Price: $25,000.00 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Ryan Schmitz, Assist. Utilities Director Christy Lesher, Utility Eng. Kelly Mendyk, Utility Eng. P2270 Grand Island Council Session - 5/25/2021 Page 96 / 213 Pictometry, Hall County, Grand Island, City of Grand Island F 0 0.0075 mi City of Grand Island Utilities Department Print Date: 3/24/2021 Grand Island Council Session - 5/25/2021 Page 97 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney ORDINANCE NO. 9824 An Ordinance directing and authorizing the sale of Parcel No. 400081431, addressed as 360 North Cleburn Street, in the City of Grand Island, Hall County, Nebraska to HLK, LLC – Jesse Spike; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. GE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1.The conveyance by warranty deed to HLK, LLC (“Buyer”), of the City’s interests in and to Parcel No. 400081431, addressed as 360 North Cleburn Street, Grand Island, Hall County, Nebraska is hereby approved and authorized. SECTION 2. Consideration for such conveyance shall be Twenty-five Thousand Dollars and 00/100 ($25,000.00) and other valuable considerations. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three (3) consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent (30%) of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council Grand Island Council Session - 5/25/2021 Page 98 / 213 ORDINANCE NO. 9824 (Cont.) - 2 - within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one (1) year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Buyer, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: May 25, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 99 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item F-2 #9825 - Consideration of Sale of Property - Abandoned Blain Well Site - 1510 N. Illinois Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/25/2021 Page 100 / 213 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:May 25, 2021 Subject:Ordinance No. 9825 - Consideration of Sale of Property – Lot 7, Block 2, Blain Addition to the City of Grand Island (1510 N. Illinois) Presenter(s):Timothy Luchsinger, Utilities Director Background The City of Grand Island Utilities Department installed the Blain Well located on Lot 7, Block 2, Blain Addition to the City of Grand Island (1510 N. Illinois) in 1963 for potable water usage. The well was decommissioned and abandoned in November of 2002. Utilities Administration has begun the process of eliminating unused properties in order to reduce maintenance costs. Discussion A request for proposals was advertised on March 31, 2021, for the property at Lot 7, Block 2, Blain Addition to the City of Grand Island (1510 N. Illinois). Proposals were received on May 6, 2021. One offer was received from Alfredo Luevano, Jr., and Tina Marie Medano, in the amount of $500.00. Upon review of this offer, the listing agent, Legal, and Utilities staff recommend this offer for approval by Council. 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 - 5/25/2021 Page 101 / 213 Recommendation City Administration recommends that the Council approve Ordinance No. 9825 and execution by the Mayor to sell the property located at Lot 7 Block 2, Blain Addition to the City of Grand Island (1510 N. Illinois), to Alfredo Luevano, Jr., and Tina Marie Medrano for the amount of $500.00. Sample Motion Move to approve Ordinance No. 9825 and the execution by the Mayor to sell the property located at Lot 7 Block 2, Blain Addition to the City of Grand Island (1510 N. Illinois), to Alfredo Luevano, Jr., and Tina Marie Medrano for the amount of $500.00. Grand Island Council Session - 5/25/2021 Page 102 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SALE OF LAND – ABANDONED BLAIN WELL SITE RFP DUE DATE: May 6, 2021 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: March 31, 2021 NO. POTENTIAL BIDDERS: 4 PROPOSALS RECEIVED Bidder: Alfredo Luevano, Jr. Grand Island, NE Bid Price: $500.00 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Ryan Schmitz, Assist. Utilities Director Christy Lesler, Utility Eng. Kelly Mendyk, Utility Eng. P2269 Grand Island Council Session - 5/25/2021 Page 103 / 213 Pictometry, Hall County, Grand Island, City of Grand Island F 0 0.0075 mi City of Grand Island Utilities Department Print Date: 3/10/2021 Grand Island Council Session - 5/25/2021 Page 104 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney ORDINANCE NO. 9825 An Ordinance directing and authorizing the sale of Parcel No. 400018926, addressed as 1510 North Illinois, in the City of Grand Island, Hall County, Nebraska to Alfredo Luevano Jr., and Tina Marie Medano; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. GE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1.The conveyance by warranty deed to Alfredo Luevano, Jr., and Tina Marie Medano (“Buyer”), of the City’s interests in and to Parcel No. 400018926, addressed as 1510 North Illinois, Grand Island, Hall County, Nebraska is hereby approved and authorized. SECTION 2. Consideration for such conveyance shall be Five Hundred Dollars and 00/100 ($500.00) and other valuable considerations. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three (3) consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent (30%) of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council Grand Island Council Session - 5/25/2021 Page 105 / 213 ORDINANCE NO. 9825 (Cont.) - 2 - within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one (1) year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Buyer, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: May 25, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 106 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item F-3 #9826 - Consideration of Amendments to Chapter 32-25 of the Grand Island City Code Relative to Permit; Fee Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/25/2021 Page 107 / 213 Council Agenda Memo From:John Collins PE, Public Works Director Meeting:May 25, 2021 Subject:Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Permit; Fee Presenter(s):John Collins PE, Public Works Director Background It was brought to Staff’s attention that Chapter 32-25 of City Code hasn’t been updated with the City Council approved Fee Schedule regarding permit fees. The current Code states an investigation fee in addition to the permit fee in the same amount as the permit fee shall be assessed, while the approved Fee Schedule states a set amount of $100.00 for an investigation fee. An investigation fee is charged when work is done without the proper approval and permits in place and City staff is charged with working to ensure City Code and General Standards are followed to protect City assets. Discussion This Ordinance will amend Chapter 32 of City Code to have it comply with the City’s Fee Schedule. The inspection fee will be the amount set by the Fee Schedule as approved by this Council. 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 corrections to Section 32- 25 of Grand Island City Code. Sample Motion Move to approve ordinance approving corrections to Section 32-25 of Grand Island City Code. Grand Island Council Session - 5/25/2021 Page 108 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney ORDINANCE NO. ________9826 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Section 32-25 pertaining to Permit; Fee, to repeal Section 32-25 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-25 of the Grand Island City Code is hereby amended to read as follows: §32-25. Permit; Fee . The party applying for a permit to make a pavement or sidewalk cut shall pay to the City at the time such permit is issued a fee in accordance with the City of Grand Island Fee Schedule, which amount shall be credited to the general fund of the City. No fee shall be charged for those performing services under contract for the City, but a permit shall be required. A single (blanket) permit may be issued with no fee to a contractor working in multiple locations throughout the City as directed by the City. If work is commenced prior to application for the permit, an investigation fee, in accordance with the current Grand Island Fee Schedule in addition to the permit fee in the same amount as the permit fee shall be assessed. Each permit shall expire six months from date of issuance. Amended by Ord. No. 9205, effective 02/25/09 SECTION 2. Section 32-25 as now existing, and any ordinances 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, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: __________________May 25, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Grand Island Council Session - 5/25/2021 Page 109 / 213 ORDINANCE NO. __________ (Cont.) - 2 - RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 110 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-1 Approving Minutes of May 11, 2021 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 5/25/2021 Page 111 / 213 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 11, 2021 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on May 11, 2021. Notice of the meeting was given in The Grand Island Independent on May 5, 2021. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Michelle Fitzke, Bethany Guzinski, Mitch Nickerson, Chuck Haase, Vaughn Minton, Justin Scott, Maggie Mendoza, Jason Conley, Mike Paulick and Mark Stelk. The following City Officials were present: City Administrator Jerry Janulewicz, Deputy City Clerk Jill Granere, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John Collins. PUBLIC HEARINGS: Public Hearing on Request from Casey's Retail Company dba Casey's General Store 2883, 1420 South Locust Street for a Class "D" Liquor License. Deputy City Clerk Jill Granere reported that an application for an addition to Class “D” Liquor License had been received from Casey’s Retail Company dba Casey’s General Store 2883, 1420 South Locust Street. Ms. Granere presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on April 20, 2021; notice to the general public of date, time, and place of hearing published on May 1, 2021; notice to the applicant of date, time, and place of hearing mailed on April 20, 2021. Staff recommended approval. No public testimony was heard. Public Hearing on Request from D & A Investments, LLC for a Conditional Use Permit to Allow for an Assisted Living/Memory Care Facility of Property located at 2904 West 5th Street. Building Department Director Craig Lewis reported that an application for a Conditional Use Permit had been received from D & A Investments, LLC for property located at 2904 West 5th Street. The Conditional Use Permit would allow for the renovation of an existing duplex into an Assisted Living/Memory Care facility. Staff recommended approval. No public testimony was heard. Public Hearing on Industrial Development Revenue Bonds – Tabitha Grand Island Project. City Administrator Jerry Janulewicz reported this was a continuance to the presentation from the April 27, 2021 meeting in regards to the Industrial Development Revenue Bonds. Staff recommend approval. No public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: Grand Island Council Session - 5/25/2021 Page 112 / 213 Page 2, City Council Regular Meeting, May 11, 2021 #9823 - Consideration of Approving Street Name Change to Shady Bend Spur. 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. Public Works Director John Collins reported the old section of Shady Bend Road, south of US Highway 30, which uses outlet to US Highway 30 is a dead end and still utilizes the street name of Shady Bend Road. The street name overlap can be confusing to emergency personnel when called to this area, as the old section of Shady Bend Road and the new section both run north and south parallel to each other. Collins requested a name change to Shady Bend Spur for the old section of Shady Bend Road that previously outlet to US Highway 30 and is now a dead end. Staff recommended approval. Motion by Stelk, second by Fitzke to approve Ordinance #9823. City Clerk: Ordinance #9823 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 #9823 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 #9823 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Guzinski to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 27, 2021 City Council Regular Meeting. Approving Request from Angela Coffey, 12205 West Bluff Road, Malcolm, Nebraska for Liquor Manager Designation with GNS Corporation dba Git N Split, 3320 Langenheder Street. #2021-106 - Approving Request from Casey's Retail Company dba Casey's General Store 2883, 1420 South Locust Street for a Class "D" Liquor License and Liquor Manager Designation for Tina Stone, 1212 Blue Stem Circle, Norfolk, Nebraska. #2021-107 - Approving Bid Award - Burdick Station Asbestos Abatement with McGill Asbestos Abatement, LLC, of Omaha, Nebraska in an Amount of $842,750.00. Grand Island Council Session - 5/25/2021 Page 113 / 213 Page 3, City Council Regular Meeting, May 11, 2021 #2021-108 - Approving Bid Award - Air Heater Replacement Parts with Arvos Ljungstrom, LLC, of Wellsville, New York in an Amount of $193,090.88. #2021-109 - Approving Purchase of Two (2) New ½ Ton, Four-Wheel Drive, Extended Cab Pick-ups for the Streets Division of the Public Works Department with Husker Auto Group, of Lincoln, Nebraska in an Amount of $66,200.00. #2021-110 - Approving Bid Award for Annual Supply of Road Deicing Salt 2021-2022 with Blackstrap, Inc. of Neligh, Nebraska in an Amount of $52.10 per ton for off-peak and NSG Logistics, LLC dba Nebraska Salt & Grain of Gothenburg, Nebraska in an Amount of $54.68 per ton for peak. #2021-111 - Approving Interlocal Agreement for a Regional Government Enterprise Agreement with ESRI between Hall County and the City of Grand Island in an Amount over three years of $187,500 payable in three annual installments on the following schedule: $58,000 for the first year, $62,500 for the second year, and $67,000 for the third year. REQUESTS AND REFERRALS: Consideration of Approving Request from D & A Investments, LLC for a Conditional Use Permit to Allow for an Assisted Living/Memory Care Facility of Property located at 2904 West 5th Street. This item was related to the aforementioned Public Hearing. Staff recommended approval. Motion by Minton, second by Paulick to approve. Upon roll call vote, all voted aye. Motion adopted. Consideration of Forwarding a Study for Blighted and Substandard Area #32 to the Regional Planning Commission (Josh Rhoads with Horizon Builders). Regional Planning Director Chad Nabity reported this study is approximately 43 acres of property on either side of Old Potash Highway and west of North Road. The study was prepared and submitted indicated that this property could be considered blighted and substandard. The study was prepared for 43 acres, all of which is in the Grand Island City Limits. Staff recommended approval. Motion by Guzinski, second by Fitzke to approve. Upon roll call vote, Councilmembers Conely, Fitzke, Guzinski, Mendoza, Minton, Nickerson and Stelk voted aye. Councilmembers Haase, Paulick and Scott voted no. Motion adopted. RESOLUTION: #2021-112 - Consideration of Approving Industrial Development Revenue Bonds – Tabitha Grand Island Project. This item was related to the aforementioned Public Hearing. Staff recommended approval. Motion by Paulick, second by Stelk to approve Resolution #2021-112. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 5/25/2021 Page 114 / 213 Page 4, City Council Regular Meeting, May 11, 2021 PAYMENT OF CLAIMS: Motion by Minton, second by Guzinski to approve the payment of claims for the period of April 28, 2021 through May 11, 2021 for a total amount of $3,341,495.19. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 7:28 p.m. Jill Granere Deputy City Clerk Grand Island Council Session - 5/25/2021 Page 115 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-2 #2021-113 - Approving Request from Chipotle Mexican Grill, Inc. dba Chipotle Mexican Grill 26-3809, 3440 W. State Street for a Class “I” Liquor License and Liquor Manager Designation for Brian Hexsel, 5211 Seward Street, Omaha, Nebraska This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 5/25/2021 Page 116 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-113 WHEREAS, an application was filed by Chipotle Mexican Grill, Inc. dba Chipotle Mexican Grill 26-3809, 3440 W. State Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 15, 2021; such publication cost being $16.76; and WHEREAS, a public hearing was held on May 25, 2021 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 Brian Hexsel, 5211 Seward Street, Omaha, Nebraska as liquor manager of such business contingent upon completion of a state approved alcohol server/seller training program. . - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 117 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-3 #2021-114 - Approving Request from Eddies Esquina, LLC dba Eddies Esquina, 417 N. Sycamore Street for a Class "D" Liquor License and Liquor Manager Designation for Karina Terrazas, 804 Geddes Street, Grand Island, Nebraska This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 5/25/2021 Page 118 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-114 WHEREAS, an application was filed by Eddies Esquina, LLC dba Eddies Esquina, 417 N. Sycamore Street 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 May 15, 2021; such publication cost being $16.76; and WHEREAS, a public hearing was held on May 25, 2021 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 Karina Terrazas, 804 Geddes Street, Grand Island, Nebraska as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 119 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-4 #2021-115 - Approving Change Order #1 - Precipitator, Bottom Ash and Boiler Industrial Cleaning - Spring 2021 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/25/2021 Page 120 / 213 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:May 25, 2021 Subject:Precipitator, Bottom Ash and Boiler Industrial Cleaning- Spring 2021 Change Order #1 Presenter(s):Tim Luchsinger, Utilities Director Background During the spring outage at Platte Generating Station, the turbine generator receives boiler inspections. The Spring 2021 outage was completed during which time inspection and maintenance on the boiler was performed. The work on the boiler included hydro testing of the boiler with inspection for tube leaks and tube repairs, boiler tube alignment attachment repairs, and support for regenerative air heater inspection and repair. Plant engineering staff developed specifications issued for bids covering this scope of work. The bidders were also required to provide time and material contract rates for scope adjustments that would be based on actual conditions found upon inspecting the boiler. The specification was issued for bid and the contract was awarded by Council to Meylan Enterprises, Inc., of Omaha, Nebraska, in the amount of $196,311.99 on March 9, 2021, per Resolution 2021-41. Discussion During the inspection, additional work was required above the base hours for the detonation blasting and vacuum services. The additional work was completed in accordance with the contracted time and materials. These additions and modifications to the work scope resulted in an additional $5,454.01, for a final contract cost of $201,766.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 5/25/2021 Page 121 / 213 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 with Meylan Enterprises, Inc., of Omaha, Nebraska for the Precipitator, Bottom Ash and Boiler Industrial Cleaning-Spring 2021 Outage for an addition of $5,454.01 to the contract price, for a total contract price of $201,766.00. Sample Motion Move to approve Change Order #1 from Meylan Enterprises, Inc. in the amount of $5,454.01 for the Precipitator, Bottom Ash and Boiler Industrial Cleaning-Spring 2021 Outage. Grand Island Council Session - 5/25/2021 Page 122 / 213 TO:Meylan Enterprises, Inc. 6225 S. 60th Street Omaha, NE 68117 Nick Cagle PROJECT:Precipitator, Bottom Ash and Boiler Industrial Cleaning-Spring 2021 Outage CHANGE ORDER 1 You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $196,311.99 Previous Change Order Amounts -$ The Contract Sum is increased by this Change Order 5,454.01$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 201,766.00$ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:Meylan Enterprises, Inc. By: _________________________________Date _________________________ $5,454.01 Platte Generating Station 1035 W. Wildwood Drive Grand Island, NE 68801 308/385-5468 Grand Island Council Session - 5/25/2021 Page 123 / 213 City of Grand Island Utilities Department General Work Contract - Change Order 520.00032 Precipitator, Bottom Ash and Boiler Industrial Cleaning-Spring 2021 Outage Comments:During the inspection, additional work was required above the base hours for detonation blasting and vacuum services. Contract:$196,311.99 Change Order Request Description Amount 001 Additional work required for detonation blasting 3,762.50$ 002 Additional work required for vacuum services 6,935.36$ 003 SDA Hydroblasting (T&M)(2,152.15)$ 004 Misc. Hydroblasting (T&M)(3,091.70)$ 005 006 007 008 009 010 011 012 013 014 015 017 018 019 020 021 023 024 028 029 030 Total 5,454.01$ Grand Island Council Session - 5/25/2021 Page 124 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-115 WHEREAS, during the spring outate at Platte Generating Station, the turbine generator received a boiler inspection; and WHEREAS, work on the boiler included hydro testing of the boiler with inspection for tube leaks and tube repairs, boiler tube alignment attachment repairs, and support for regenerative air heater inspection and repair; and WHEREAS, specifications were issued for bids and the contract was awarded by Council on March 9, 2021 to Meylan Enterprises, Inc., of Omaha, Nebraska in the amount of $196,311.99 per Resolution 2021-41; and WHEREAS, during the inspection, additional work was required above the base hours to for the detonation blasting and vacuum services, and the additional work was completed in accordance with the contracted time and materials for an additional cost of $5,454.01, for a total contract amount of $201,766.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for Precipitator, Bottom Ash and Boiler Industrial Cleaning – Spring, 2021, 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, May 25, 2021. __________________________________ Roger G. Steele, Mayor Attest: _________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 125 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-5 #2021-116 - Approving Bid Award - Gas Turbine #2 Lube Oil Replacement Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/25/2021 Page 126 / 213 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:May 25, 2021 Subject:Gas Turbine 2 Lube Oil Replacement Presenter(s):Timothy G. Luchsinger, Utilities Director Background Burdick Generating Station commissioned two simple cycle General Electric 6B combustion turbine electric generating units in 2003 that burn natural gas as their primary fuel. They are also capable of consuming No. 2 distillate oil as a secondary fuel which has made them a reliable source of peaking power for the City of Grand Island. The lube oil system in a General Electric Frame 6B is considered a critical system since the lube oil is used as the working fluid in the hydraulic control system. Contaminated or deteriorated lube oil can cause damage to the bearings and decrease reliability. Due to the service life of the oil, plant staff solicited bids to flush the lube oil circuits and replace the existing lube oil fluids. Discussion Specifications for the Gas Turbine 2 Lube Oil Replacement were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on May 11, 2021. The engineer’s estimate for this project was $200,000.00. Bidder Bid Price Adjusted Bid Price Allied Oil & Supply, Inc. Omaha, Nebraska $ 83,485.57 N/A Sapp Bros., Inc. Grand Island, Nebraska $186,011.34 $186,011.34 Oil Filtration Systems, LLC Boerne, Texas $250,000.00 $207,640.25 Elden Consulting & Industrial Services, LLC Newfields, New Hampshire $256,655.00 $256,655.00 Bids were reviewed by plant engineering staff and exceptions were noted on all bids. The bid supplied by Allied Oil & Supply, Inc., is not in compliance with the bid specification. Allied Oil & Supply, Inc., quoted the oil procurement and disposal on a per gallon basis, Grand Island Council Session - 5/25/2021 Page 127 / 213 making the bid appear significantly cheaper than the competitors. The bid data form provided by Allied Oil, Inc., did not correspond to the bid documentation provided by Allied Oil, Inc., so the bid could not be equally compared to the other competitive bids. The oil quoted by Allied Oil, Inc., did not meet the requirements of the specification in load carrying capacity and density. The bid from Sapp Bros., Inc., provides a better suited varnish prevention additive in Mobil DTE 932 for the critical system applications found in the General Electric Frame 6B combustion turbine. The bid from Sapp Bros. Petroleum, Inc., was otherwise found compliant with the specifications and less than the engineer’s estimate. 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 Council award the Contract for the Gas Turbine 2 Lube Oil Replacement to Sapp Bros., Inc., of Grand Island, Nebraska, as the low responsive bidder, with the bid in the amount of $186,011.34. Sample Motion Move to approve the bid in the amount of $186,011.34 from Sapp Bros., Inc., for the Gas Turbine 2 Lube Oil Replacement. Grand Island Council Session - 5/25/2021 Page 128 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 11, 2021 at 2:00 p.m. FOR: Gas Turbine 2 Lube Oil Replacement DEPARTMENT: Utilities ESTIMATE: $200,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: April 22, 2021 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Sapp Bros Petroleum Allied Oil & Supply Grand Island, NE Omaha, NE Bid Security: Cashiers check Cashier check Exceptions: Noted Noted (*) Bid Price: Oil Replacement: $135,269.90 $ 77,661.00 Varnish Flush: $ 37,763.90 *$ 52,445.30 Labor: Included $ 7,340.00 Sales Tax: $ 12,977.54 $ 5,824.57 Total Bid: $186,011.34 $143,270.87 (corrected) Bidder: Edlen Consulting & Industrial Services Oil Filtration Systems, LLC Newsfields, NH Boerne, TX Bid Security: Arch Insurance Company Western Surety Company Exceptions: Noted Noted Bid Price: Oil Replacement: $139,671.00 $160,750.25 Varnish Flush: $ 26,928.00 $ 7,500.00 Labor: $102,508.00 $ 63,000.00 Sales Tax: $ 7,080.00 $ 17,343.75 Total Bid: $256,655.00 $250,000.00 Grand Island Council Session - 5/25/2021 Page 129 / 213 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tylor Robinson, Production Engineer Karen Nagel, Utilities Secretary P2274 Grand Island Council Session - 5/25/2021 Page 130 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-116 WHEREAS, the City of Grand Island invited sealed bids for Gas Turbine #2 Lube Oil Replacement, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 11, 2021, bids were received, opened and reviewed; and WHEREAS, Sapp Bros., Inc., of Grand Island, 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 $186,011.34; and WHEREAS, the bid of Sapp Bros., Inc., is less than the estimate for Gas Turbine #2 Lube Oil Replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Sapp Bros., Inc., in the amount of $186,011.34 for Gas Turbine #2 Lube Oil Replacement, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 131 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-6 #2021-117 - Approving Change Order #1 for Fire Station 2 Addition Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 5/25/2021 Page 132 / 213 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:May 25, 2021 Subject:Change Order #1 for Fire Station 2 Addition Presenter(s):Cory Schmidt, Fire Chief Background On February 9, 2021 City Council approved the bid award to Hackel Construction Inc. to construct an addition to fire station 2 for a total cost of $402,300.00. The addition and subsequent bid by Hackel Construction Inc. were based on the design provided by Webb & Company Architects, Inc. Discussion During construction of the fire station 2 addition, it was determined by Hackel Construction Inc. that 2” rigid foam insulation board needed to be placed against the in- ground footings prior to the concrete floor of the addition being poured. The architectural plans provided to Hackel Construction Inc. did not detail the need for footing insulation. According to the International Energy Code Council (IECC), insulation rated at R-value 10 or higher is needed to protect unheated slabs such as the one called for in the fire station addition. The additional cost of change order #1 is $876.09 and the new total for the project is $403,176.09. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approves change order #1 for the fire station addition in the amount of $876.09. Sample Motion Move to approve change order #1 for the fire station 2 addition in the amount of $876.09. Grand Island Council Session - 5/25/2021 Page 133 / 213 Change Order Order#: 1 Project: To: Grand Island Fire Department 1720 N. Broadwell Ave. Grand Island NE 68802 0 Grand Island Fire Station #2 Addition 1720 N. Broadwell Ave. Grand Island NE 68802 402,300.00 The contractor agrees to perform and the owner agrees to pay for the following changes to this contract. Requested Amount of Change 0.00 License: The original Contract Sum was Plans Attached 402,300.00 Contractor: Owner: Date: Date: Negative changes will lower the overall contract price requiring no additional payment by owner. Order Date: Ordered By: Customer Order: 05/04/2021 Net change by previous Change Orders The Contract Sum prior to this Change Order The Contract Sum will be changed by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be changed by 403,176.09 2060 876.09 876.09 Days Hackel Construction, Inc. 47407 808th Rd Ord NE 68862 308-728-1222 Specifications Attached Description of Work Amount Owens Corning 2"592.89 Labor to Install-subcontractor 123.20 Labor to Install-Superintendent 160.00 Grand Island Council Session - 5/25/2021 Page 134 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-117 WHEREAS, the City Council approved a bid from Hackel Construction Inc. for an addition to fire station 2 in the amount of $402,300.00; and WHEREAS, the bid was based on architectural plans provided by Webb & Company Architects, Inc.; and WHEREAS, R-10 value insulation is needed for the footings to comply with the International Energy Code Council; and WHEREAS, the insulation was not detailed in the original architectural plans; and WHEREAS, change order #1 is needed to authorize an additional $876.09 to add the required insulation; and WHEREAS, the new project total would be $403,176.09. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that change order #1 be approved and upon completion, subsequent payment is authorized to Hackel Construction Inc. from Ord, Nebraska and is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 135 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-7 #2021-118 - Approving Bid Award for Final Clarifier No. 1 Renovation; Project No. 2021-WWTP-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/25/2021 Page 136 / 213 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 25, 2021 Subject:Approving Bid Award for Final Clarifier No. 1 Renovation; Project No. 2021-WWTP-3 Presenter(s):John Collins PE, Public Works Director Background On March 23, 2021, via Resolution No. 2021-64, City Council approved the bid award to Ovivo USA, LLC of Salt Lake City, Utah in the amount of $185,783.00 for Furnishing Components for “EIMCO® Type C3D-Full Trough Skimmer Clarifier Mechanism; Project No. 2021-WWTP-1 in regards to the renovation of Final Clarifier No. 1. On April 17, 2021 the Engineering Division of the Public Works Department advertised for bids for Final Clarifier No. 1 Renovation; Project No. 2021-WWTP-3. This project involves the renovation of Final Clarifier No. 1, which consists of labor and installation of parts procured through Ovivo USA, LLC, and painting of both existing and new clarifier components. Discussion One (1) was received and opened on May 13, 2021. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. BIDDER BID AMOUNT Fab Tech Wastewater Solutions, LLC of O’Fallon, MO $192,000.00 There are sufficient funds in Account No. 53030054-85213-53533 to fund this project. Grand Island Council Session - 5/25/2021 Page 137 / 213 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 Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in the amount of $192,000.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 5/25/2021 Page 138 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 13, 2021 at 2:00 p.m. FOR: Final Clarifier No. 1 Renovation; Project No. 2021-WWTP-3 DEPARTMENT: Public Works ESTIMATE: $265,000.00 FUND/ACCOUNT: 53030054-85213-53533 PUBLICATION DATE: April 17, 2021 NO. POTENTIAL BIDDERS: 9 SUMMARY Bidder: Fab Tech Wastewater Solution, LLC Warrenton, MO 63383 Bid Security: Employers Mutual Casualty Company Exceptions: None Bid Price: $192,000.00 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Robert Greenber, Engineer I – WW P2273 Grand Island Council Session - 5/25/2021 Page 139 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-118 WHEREAS, the City of Grand Island invited sealed bids for Final Clarifier No. 1 Renovation; Project No. 2021-WWTP-3, according to plans and specifications on file with the Public Works Department; and WHEREAS, on May 13, 2021 bids were received, opened, and reviewed; and WHEREAS, Fab Tech Wastewater Solution, LLC of O’Fallon, Missouri submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $192,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in the amount of $192,000.00 for Final Clarifier No. 1 Renovation; Project No. 2021-WWTP-3 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 140 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-8 #2021-119 - Approving Bid Award for Mastic Surface Treatment; Project No. 2021-MST-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/25/2021 Page 141 / 213 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 25, 2021 Subject:Approving Bid Award for Mastic Surface Treatment; Project No. 2021-MST-1 Presenter(s):John Collins PW, Public Works Director Background On April 29, 2021 the Engineering Division of the Public Works Department advertised for bids for Mastic Surface Treatment (a thin overlay designed to repair minor deficiencies and extend the life of the pavement); Project No. 2021-MST-1. There were eight (8) potential bidders for this project. This project will allow for a chip seal (the specific thin overlay designed for this project) on the following roadways. Section #1- Webb Road; Capital Avenue to US Highway 281 Section #2- Webb Road; 2nd Street to Island Circle Section #3- Webb Road; Woodridge Boulevard to Stolley Park Road Section #4- Capital Avenue; Locust Street to Sky Park Road Section #5- 2nd Street; Clark Street to Plum Street Section #6- 1st Street; Sycamore Street to Plum Street Discussion One (1) bid was received and opened on May 13, 2021. The bid was submitted in compliance with the contract, plans, and specifications and is considered fair and reasonable. A summary of the bid is shown below. Grand Island Council Session - 5/25/2021 Page 142 / 213 Hall Brothers, Inc. of Marysville, KS Exceptions None Bid Section 1 $28,215.25 Bid Section 2 $10,267.48 Bid Section 3 $11,226.39 Bid Section 4 $45,512.25 Bid Section 5 $45,069.41 Bid Section 6 $13,313.50 Total $153,604.28 There are sufficient funds in Account No. 21033506-85354 to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding a contract to Hall Brothers, Inc. of Marysville, Kansas in the amount of $153,604.28. Sample Motion Move to approve the bid award. Grand Island Council Session - 5/25/2021 Page 143 / 213 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 13, 2021 at 2:15 p.m. FOR: Mastic Surface Treatment; Project No. 2021-MST-1 DEPARTMENT: Public Works ESTIMATE: $154,300.00 FUND/ACCOUNT: 21033506-85354 PUBLICATION DATE: April 29, 2021 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Hall Brothers, Inc. Marysville, KS Bid Security: North American Specialty Insurance Company Exceptions: None Bid Price: Section 1: $28,215.25 Section 2: $10,267.48 Section 3: $11,226.39 Section 4: $45,512.25 Section 5: $45,069.41 Section 6: $13,313.50 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, Engineer I Keith Kurz, Deputy PW Director P2280 Grand Island Council Session - 5/25/2021 Page 144 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-119 WHEREAS, the City of Grand Island invited sealed bids for Mastic Surface Treatment; Project No. 2021-MST-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on May 13, 2021 bids were received, opened, and reviewed; and WHEREAS, Hall Brothers, Inc. of Marysville, Kansas 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 $153,604.28; and WHEREAS, Hall Brothers, Inc.’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2020/2021 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hall Brothers, Inc. of Marysville, Kansas in the amount of $153,604.28 for Mastic Surface Treatment; Project No. 2021-MST-1is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 145 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-9 #2021-120 - Approving Change Order No. 1 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 - 5/25/2021 Page 146 / 213 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 25, 2021 Subject:Approving Change Order No. 1 for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2 Presenter(s):John Collins PE, Public Works Director Background Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska was awarded a $215,348.70 contract on November 24, 2020, via Resolution No. 2020- 313, for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2. 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 Due to the extreme cold and wet weather we’ve experienced the past few months Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting has requested a time extension for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2. Original completion date was set at May 15, 2021, with a request to extend this to June 14, 2021. There will not be any contract amount modification with this change order. Grand Island Council Session - 5/25/2021 Page 147 / 213 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 extending the completion date to June 14, 2021, as noted in Change Order No. 1. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/25/2021 Page 148 / 213 CONTRACT TIME EXTENSION PROJECT:Capital Avenue Drainage Improvements - North Road to Moores Creek; Project No. 2020-D-2 CONTRACTOR:Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting AMOUNT OF CONTRACT: $215,348.70 CONTRACT DATE: December 15, 2020 Notice to Proceed Date -------------------------------------------------December 16, 2020 Original Completion Date -----------------------------------------------May 15, 2021 Revised Completion Date ----------------------------------------------June 14, 2021 The Above Change Order Accepted: Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting 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 - 5/25/2021 Page 149 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-120 WHEREAS, on November 24, 2020, via Resolution 2020-313, the City of Grand Island awarded Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska the bid in the amount of $215,348.70 for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2; and WHEREAS, the completion of such project has been delayed due to inclement weather; and WHEREAS, Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting has requested an extension from May 15, 2021 to June 14, 2021 in order to complete the project; and WHEREAS, there will not be any contract amount modification with such time extension; and WEREAS, the Public Works Department supports such contract extension. 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 between the City of Grand Island and Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska to provide the requested time extension for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 150 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-10 #2021-121 - Approving Final Plat and Subdivision Agreement for Norman Acres Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 151 / 213 Council Agenda Memo From:Chad Nabity, AICP, Regional Planning Director Meeting:May 25, 2021 Subject:Norman Acres Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of F Road and east of Gunbarrel Road in the jurisdiction of the City of Grand Island, in Merrick County, Nebraska. (1 lot, 3.02 acres) This property is zoned AG-1 Primary Agriculture. The subdivision splits an existing farmstead from a tract of 20 acres or more. Discussion The final plat for Norman Acres Subdivision was considered at the Interjurisdictional Planning Commission at the May 5, 2021 meeting. A motion was made by Randone and second by Rubio to approve final plat for Norman Acres Subdivision. A roll call vote was taken and the motion passed. The motion was carried with six members voting in favor (Hendricksen, Randone, Rubio, Gamblin, Wiegert and Riblett) and no members present voting no or abstaining. 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 - 5/25/2021 Page 152 / 213 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/25/2021 Page 153 / 213 Developer/Owner William & Jessica Norman 5615 North Gunbarrel Road Grand Island, NE 68801 To create Size: Final Plat 1 lot, 3.02 Acres Zoning: AG-1 Primary Agriculture Road Access: Existing county highway Water: City Water is not available to the subdivisions. Sewer: City Sewer is not available to the subdivision. Grand Island Council Session - 5/25/2021 Page 154 / 213 Grand IslandCouncil Session - 5/25/2021Page 155 / 213 SUBDIVISION AGREEMENT NORMAN ACRES SUBDIVISION LOT 1 INCLUSIVE In Merrick County, Nebraska The undersigned, JESSICA NORMAN and WILLIAM NORMAN, hereinafter called the Subdivider, as owner of a tract of land in Merrick County, Nebraska, more particularly described as follows: A tract of land in part of the Northwest Quarter (NW1/4) of Section 19, Township 12 North, Range 8 West of the 6th P.M., Merrick County, Nebraska; desires to have subdivided as a subdivision the foregoing tract of land located within the extraterritorial 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 NORMAN 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 * This Space Reserved for Register of Deeds * Grand Island Council Session - 5/25/2021 Page 156 / 213 - 2 - 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 NORMAN 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: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Gunbarrel Road where it abuts the subdivision. 2.Water. Public water supply is not available to the subdivision. Therefore, individual water well systems shall be permissible on an initial basis. The Subdivider waives the right to protest the creation of any future water district within or abutting the subdivision. 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 provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. Grand Island Council Session - 5/25/2021 Page 157 / 213 - 3 - 5.Sidewalks. Immediate sidewalk construction adjacent to Gunbarrel 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.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 - 5/25/2021 Page 158 / 213 - 4 - 8.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 NORMAN 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. 9.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 _____________________, 2021. JESSICA NORMAN and WILLIAM NORMAN, Subdivider By: ____________________________________ Jessica Norman By: ____________________________________ William Norman STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jessica Norman, 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 Grand Island Council Session - 5/25/2021 Page 159 / 213 - 5 - My commission expires: __________________________ STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned, a Notary Public in and for said County and State, personally appeared William Norman, 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 A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, 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 2021-____, 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 - 5/25/2021 Page 160 / 213 - 6 - ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 5/25/2021 Page 161 / 213 Approved as to Form ¤ ___________ February 3, 2021 ¤ City Attorney R E S O L U T I O N 2021-121 WHEREAS know all men by these presents, that Clerence Danielski, General Partner of Danielski Harvest & Farming, LLC, and Betty Danielski, General Partner, Partner of Danielski Harveting & Farming, LLC, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “NORMAN ACRES SUBDIVISION”, in part of the Northwest Quarter (NW ¼) of Section Nineteen (19), Township Twelve (12) North, Range Eight (8) West of the 6TH P.M., in Merrick County, Nebraska. 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 and Merrick 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 NORMAN 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, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 162 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-11 #2021-122 - Approving Final Plat and Subdivision Agreement for Highland North Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 163 / 213 Council Agenda Memo From:Chad Nabity, AICP, Regional Planning Director Meeting:May 25, 2021 Subject:Highland North Second Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Nebraska Highway 2 and west Independence Avenue in Grand Island, Nebraska. (26 lots, 4.235 acres) This property is zoned B2 General Business and R3-SL Medium Density Small Lot Residential. Discussion The final plat for Highland North Second Subdivision were considered at the Regional Planning Commission at the May 5, 2021 meeting. A motion was made by Ruge and second by Robb to approve final plat for Highland Second Subdivision. A roll call vote was taken and the motion passed. The motion was carried with eleven members voting in favor (O’Neill, Ruge, Allan, Nelson, Doane, Olson, Monter, Hendricksen, Randone, Robb and Rubio) and no members present voting no or abstaining. 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 - 5/25/2021 Page 164 / 213 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/25/2021 Page 165 / 213 Developer/Owner A&H Holdings, LLC 581 Shady Bend Road Grand Island, NE 68801 To create Size: Final Plat 26 lots, 4.235 Acres Zoning: B2 General Business and R3-SL Medium Density Small Lot Residential Road Access: City street access is available from Independence Avenue. Wilder Avenue and Mitchell Creek Drive will be a combination of 37’ and 32’ concrete curb and gutter streets installed by the developer. A drive way plan has been submitted and is included in the subdivision agreement for those portions of the streets that are 32’ wide. Water: City Water is available to the subdivision and will be extended to serve all lots. Sewer: City Sewer is available to the subdivision and will be extended to serve all lots. Grand Island Council Session - 5/25/2021 Page 166 / 213 Grand Island Council Session - 5/25/2021 Page 167 / 213 SUBDIVISION AGREEMENT HIGHLAND NORTH SECOND SUBDIVISION LOTS 1-26 INCLUSIVE In the City of Grand Island, Hall County Nebraska The undersigned, A & H Holdings, L.L.C., 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 Consisting of Part of the Northwest Quarter (NW1/4) of Section TWO (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska; 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 HIGHLAND NORTH SECOND SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets * This Space Reserved for Register of Deeds * Grand Island Council Session - 5/25/2021 Page 168 / 213 - 2 - 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 HIGHLAND NORTH 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 pave Wilder Avenue and Mitchell Creek 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 Wilder Avenue and Mitchell Creek 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 Independence Avenue where it 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. Grand Island Council Session - 5/25/2021 Page 169 / 213 - 3 - 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 Mitchell Creek Drive NO Wilder Avenue NO Independence Avenue YES Immediate sidewalk construction adjacent to Independence Avenue 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. Grand Island Council Session - 5/25/2021 Page 170 / 213 - 4 - 6.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island on any commercial property within the subdivision, and plans as submitted to and approved by the City's Building Department. Landscaping shall be provided on Lot 26 based on frontages along Independence Avenue and Wilder Avenue. Nebraska Highway 2 shall not be considered frontage provided the proposed trail is completed at or before occupancy of any buildings on lots that back onto said highway. 7.Driveways. Driveways along the 32 foot sections of Wilder Avenue and Mitchell Creek Drive shall be limited to the locations shown on the attached driveway exhibit as attached. No driveways shall be permitted from Independence Avenue or Nebraska Highway 2. 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 - 5/25/2021 Page 171 / 213 - 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 HIGHLAND NORTH 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 _____________________, 2021. A & H Holdings, LLC., A NEBRASKA LIMITED LIABILITY COMPANY, Subdivider By: ____________________________________ Amos C. Anson, Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Amos C. Anson, Member of A&H Holdings, L.L.C., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of A&H Holdings, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Grand Island Council Session - 5/25/2021 Page 172 / 213 - 6 - My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, 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 2021-____, 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 - 5/25/2021 Page 173 / 213 - 7 - Grand Island Council Session - 5/25/2021 Page 174 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-122 WHEREAS know all men by these presents, that A & H Holdings, LLC, A Nebraska Limited Liability Company, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “HIGHLAND NORTH SECOND SUBDIVISION”, In part of the Northwest Quarter (NW ¼) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6TH P.M.in the City of Grand Island, Hall County, Nebraska. 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 HIGHLAND NORTH 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, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 175 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-12 #2021-123 - Approving Final Plat and Subdivision Agreement for Bosselman Business Park Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 176 / 213 Council Agenda Memo From:Chad Nabity, AICP, Regional Planning Director Meeting:May 25, 2021 Subject:Bosselman Business Park Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of State Fair Boulevard and east of Locust Street in Grand Island, Nebraska. (3 lots, 10.60 acres) This property is zoned B2-AC General Business with an Arterial Commercial Overlay. Discussion The final plat for Bosselman Business Park Subdivision was considered at the Regional Planning Commission at the May 5, 2021 meeting. A motion was made by Ruge and second by Robb to approve final plat for Bosselman Business Park Subdivision. A roll call vote was taken and the motion passed. The motion was carried with eleven members voting in favor (O’Neill, Ruge, Allan, Nelson, Doane, Olson, Monter, Hendricksen, Randone, Robb and Rubio) and no members present voting no or abstaining. 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 - 5/25/2021 Page 177 / 213 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/25/2021 Page 178 / 213 Developer/Owner Bosselman Real Estate, LLC 1607 S. Locust St. Grand Island, NE 68803 To create Size: Final Plat 3 lots, 10.60 Acres Zoning: B2-AC General Business with an Arterial Commercial Overlay. Road Access: Existing City Street (South Locust) Water: City Water is available to the subdivision and will be extended to serve all lots. Sewer: City Sewer is available to the subdivision and will be extended to serve all lots. Grand Island Council Session - 5/25/2021 Page 179 / 213 Grand IslandCouncil Session - 5/25/2021Page 180 / 213 SUBDIVISION AGREEMENT BOSSELMAN BUSINESS PARK SUBDIVISION LOTS 1-3 INCLUSIVE In the City of Grand Island, Hall County Nebraska The undersigned, BOSSELMAN REAL ESTATE, L.L.C., 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 SUBDIVISION OF LAND BEING ALL THAT PART OF LOT 1 AND PART OF LOT 2 FONNER FOURTH SUBDIVISION LOCATED IN THE SOUTWEST ¼ OF SECTION 22, TOWNSHIP 11 NORTH RANGE 10 WEST OF THE 6 P.M. IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; 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 * This Space Reserved for Register of Deeds * Grand Island Council Session - 5/25/2021 Page 181 / 213 - 2 - subdivision, to be known as BOSSELMAN BUSINESS PARK 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 BOSSELMAN BUSINESS PARK 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 where it abuts 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 Grand Island Council Session - 5/25/2021 Page 182 / 213 - 3 - 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 maintain all public sidewalks required by the City of Grand Island. 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. 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 Grand Island Council Session - 5/25/2021 Page 183 / 213 - 4 - 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 BOSSELMAN BUSINESS PARK 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 _____________________, 2021. BOSSELMAN REAL ESTATE, L.L.C., Subdivider By: ____________________________________ ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned, a Notary Public in and for said County and State, personally appeared, 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 Real Estate, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Grand Island Council Session - 5/25/2021 Page 184 / 213 - 5 - 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 _________________________, 2021, 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 2021-____, 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 - 5/25/2021 Page 185 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-123 WHEREAS know all men by these presents, that Bosselman Real Estate, L.L.C., A Nebraska Limited Liability Company, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “BOSSELMAN BUSINESS PARK SUBDIVISION”, All that part of Lot 1 and part of Lot 2 Fonner Fourth Subdivision located in the Southwest Quarter (SW ¼ ) of Section Twenty Two (22), Township Eleven (11) North, Range Ten (10) West of the 6TH P.M., in the City of Grand Island, Hall County, Nebraska. 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 BUSINESS PARK 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, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 186 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-13 #2021-124 - Approving Subordination Agreement for 209 Cherokee Avenue (Betti Dugger) Staff Contact: Amber Alvidrez Grand Island Council Session - 5/25/2021 Page 187 / 213 Council Agenda Memo From:Amber Alvidrez, Community Development Administrator Meeting:May 25, 2021 Subject:Approving Subordination Agreement for 209 Cherokee Avenue, Grand Island, Nebraska Betti Dugger Presenter(s):Amber Alvidrez, Community Development Administrator Background On July 8, 2014 Community Development Block Grant funds in the amount of $20,000.00 were loaned to Betti Dugger to assist in the cost of a down payment to obtain the property. The legal description is: Lot Sixteen (16), in Copper Creek 3rd Subdivision, in the City of Grand Island, Hall County, NE The owner is requesting permission from the City to subordinate to the new Loan amount and accept and remain in second position. The equity in the property is in excess of the lien amounts held by both the City and the bank. Discussion This subordination has previously been approved by council, although the loan amount has changed from $108,500.00 to a new amount of $107,600.00. The new lien with Wells Fargo Bank, N.A. for $107,600 would by law be junior in priority to the City’s lien; however, Wells Fargo Bank, N. A., has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The estimated appraisal value of the property is $225,000.00 Alternative It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 5/25/2021 Page 188 / 213 1.Approve the Subordination Agreement 2.Refer the issue to a Committee 3.Postpone the issue to a later date 4.Take no action on the issue Recommendation Community Development Division recommends that the Council approves the Subordination Agreement with Wells Fargo Bank, N.A. placing the City in the second position to the new Deed of Trust. Sample Motion Move to recommend approval of the Subordination Agreement with Wells Fargo Bank, N.A., placing the City in the second position to the new Deed of Trust. Grand Island Council Session - 5/25/2021 Page 189 / 213 Return to City of Grand Island after Recording. SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby partially subordinates its trust deed/real estate lien recorded July 9, 2014, on the following described real estate: Lot Sixteen (16), in Copper Creek 3rd Subdivision, in The City of Grand Island, Hall County, Nebraska. It is the intent of this Agreement that the trust deed for amounts loaned by Wells Fargo Bank, N.A. to Betti Dugger (Borrower)., that was filed date of new lien as Instrument Number ### shall be superior to the trust deed/real estate lien of the City of Grand Island, its successors and assigns recorded Date of new lien, up to the amount of $107,600.00 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the trust deed/real estate lien recorded July 9, 2014 as Document Number 201404164 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to partially subordinate its lien interests under the instrument recorded at Document Number 201404164. It is understood that Wells Fargo Bank, N.A. intends to lend funds to Borrowers but that the subordinated amount is not to exceed $107,600.00 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Grand Island Council Session - 5/25/2021 Page 190 / 213 Dated: __________________City of Grand Island, Nebraska By_____________________________________ Roger G. Steele, Mayor STATE OF NEBRASKA ) )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 2021, by Roger G. Steele, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Grand Island Council Session - 5/25/2021 Page 191 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-124 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated July 8, 2014 and recorded on July 9, 2014, as Instrument No.201404164 respectively, in the total amount of $20,000.00 secured by property located at 209 S. Cherokee Ave in Grand Island, Nebraska and owned by Betti Dugger, said property being described as follows: Lot Sixteen (16), in Copper Creek 3rd Subdivision, in the City of Grand Island, Hall County, NE WHEREAS Betti Dugger wishes to execute a Deed of Trust in the amount of $107,600.00 with Wells Fargo Bank, N.A., to be secured by the above-described real estate upon the subordination of the City’s Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans; and WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust Betti Dugger, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Wells Fargo Bank, N.A., Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 192 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item G-14 #2021-125 - Approving Change Order #1 - Renovation of Stolley Concession Building in Stolley Park Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 5/25/2021 Page 193 / 213 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:May 25, 2021 Subject:Approve Change Order No. 1 to Lyon Pride Roofing Inc., for the Renovation of the Concession Building in Stolley Park Presenter(s):Todd McCoy, Parks and Recreation Director Background In February City Council approved, by Resolution 2021-24, the bid award to Lyon Pride Roofing Inc. to remove and dispose of asbestos shingles, existing siding, and windows. The bid also includes furnishing and installing new shingles, siding, gutters, downspouts, and windows in the amount of $47,550.50. Discussion Two desired addition items not provided in the original bid were identified to complete the project. 1.Removing old soffet and replacing with new soffet Add:$4,300.00 2.Changing color from White to Rugged Canyon (Tan)Add:$757.00 The total increase to the existing contract from Change Order No. 1 is $5,057.00. This project is funded with Food and Beverage Tax revenue. 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 - 5/25/2021 Page 194 / 213 Recommendation City Administration recommends that the City Council approve Renovation of Stolley Concession Building Change Order No. 1 in the amount of $5,057.00. Doing so will increase the total amount of the contract with Lyon Pride Roofing Inc. to $52,607.50. Sample Motion Move to approve Change Order No. 1 to Lyons Pride Roofing of Giltner, Nebraska. Grand Island Council Session - 5/25/2021 Page 195 / 213 Grand Island Council Session - 5/25/2021 Page 196 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-125 WHEREAS, on February 9, 2021 by Resolution 2021-24, the City Council of the City of Grand Island awarded Lyon Pride Roofing Inc. of Giltner, Nebraska, the bid in the amount of $47,550.50, for the Renovation of the Stolley Concession Building in Stolley Park; and WHEREAS, two desired addition items not provided in the original bid were identified to complete the project, removing old soffet and replacing with new soffet and changing color from White to Rugged Canyon (Tan); and WHEREAS, such modifications will be funded through the Food and Beverage Tax; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $5,057.00 for a revised contract price of $52,607.50. 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 between the City of Grand Island and Lyon Pride Roofing Inc. from Giltner, Nebraska to provide the modifications set out as follows: 1.Removing old soffet and replacing with new soffett……………..…….increase $4,300.00 2.Changing color from White to Rugged Canyon (Tan)……………..…...increase $757.00 Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 197 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item I-1 #2021-126 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 2 located at 1607 South Locust Street (Bosselman Real Estate LLC) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 198 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-126 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 2 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to redevelop and renovate existing commercial space including necessary costs for acquisition and rehabilitation and eligible planning expenses and fees associated with the redevelopment project and that such project would not be economically feasible without such aid as is proposed within the Redevelopment Plan. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 5/25/2021 Page 199 / 213 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 2 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax- increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Grand Island Council Session - 5/25/2021 Page 200 / 213 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 201 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item I-2 #2021-127 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 6 located at 722 North Eddy Street (Ebc Obermiller LLC) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 5/25/2021 Page 202 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-127 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 6 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to redevelop existing commercial space including necessary costs for acquisition and rehabilitation and eligible planning expenses and fees associated with the redevelopment project and that such project would not be economically feasible without such aid as is proposed within the Redevelopment Plan. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 5/25/2021 Page 203 / 213 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 6 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax- increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Grand Island Council Session - 5/25/2021 Page 204 / 213 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 205 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item I-3 #2021-128 - Consideration of Renaming Kaufman Park to Amur Plaza Staff Contact: Patrick Brown Grand Island Council Session - 5/25/2021 Page 206 / 213 Council Agenda Memo From:Patrick Brown, Finance Director Jerry Janulewicz, City Attorney Meeting:May 25, 2021 Subject:Consideration of officially naming the area commonly known as Kaufmann Park or Railside Plaza Presenter(s):Brian Schultz, Assistant Finance Director Background A number of years ago the area currently known by many as the Kaufmann Park or Railside Plaza was updated from a street (N. Wheeler Ave.) to be partially a parking lot and partially a green space area. The green space area has evolved over time from an old gazebo to what it is today, a primarily concrete area with art and seating. The area today is used for various events including the HEAR Grand Island annual concert series. The area never received an official designation by City Council through review of decades of old minutes and resolutions. The name Kaufmann came from the building in the area owned by a David Kaufmann, 308 West 3rd St. Mr. Kaufmann was a dedicated individual and in 1924 opened the first Five & Dime Store at this location. This was the first of eventually nine stores across the state of Nebraska. The name Railside started getting used around the year 2018 when the Railside Business Improvement District (BID) adopted their new moniker and rebranded the downtown area. Railside BID office was located in the Harmony Building, adjacent to the plaza, many events were held there over the years and the name also stuck for those new to the area because of the rebranding. Amur Equipment Finance, founded in 1996 in Grand Island, has become one of the largest independent finance companies in the United States. They recently purchased the old Wells Fargo building downtown and remodeled it to ensure their headquarters stays in Grand Island and Railside for years to come. The plaza is adjacent to their office and they would like to bring some additional green space and beatification to the area. Grand Island Council Session - 5/25/2021 Page 207 / 213 Discussion Amur would like to work with the City and Grow Grand Island in a Public/Private partnership to design and construct the existing “Railside Plaza” and north to South Front Street into an updated park/plaza. The new area would incorporate a permanent stage, permanent bathrooms and new green space (see exhibit). The goal would be to have as much green space as possible and celebrate historic Nebraska including prairie grass. The construction when completed would actually add additional parking stalls to the immediate area. The anticipated cost of the project scope is approximately $650,000, Amur is looking to pay up to 50% of the project cost, essentially matching any public funds and grants. They would look to additional private entities to make up any shortfalls of the project. As part of their donation they are requesting that the entire plaza be officially named after their company. The new area would tentatively be named “Amur Plaza” or “Amur Park” dependent on which designation if any the City decides to navigate. Currently the area is not an official park, but could potentially be given that designation in the future. Amur is seeking naming rights consideration on the project prior to making a sizeable contribution and being the lead on the project vision/design. Long term maintenance would be done by the Railside BID and its staff. The topic has been discussed multiple times at Railside BID board meetings on how the ongoing expenses could be recouped through event rental fees that take place on the plaza. Concerns: The largest concern that has been verbalized to date is that parking would be an issue, but the concept design would actually add additional parking stalls upon completion (see exhibit) in that area. Another concern is that the history of the name Kaufmann would be lost. This specific item was discussed with Amur and a plaque or marker was discussed that could have a brief history of the old plaza and Mr. Kaufmann, this idea was met with enthusiasm. Next steps upon approval would include the following: City of Grand Island Public Works would complete an official vacation of the road right of way that needs to take place. The project would be bid out according to the City of Grand Island procurement code, Public Works employees have reviewed the design concept, but would also be involved in making sure the official changes are appropriate. If the plan stays on track work could start later in 2021. Grow Grand Island is still in a discussion phase internally about its participation in the project. Project completion is estimated to be done prior to the 2022 summer concert series. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Amend the resolution 3.Refer the issue to a Committee Grand Island Council Session - 5/25/2021 Page 208 / 213 4.Postpone the issue to future date 5.Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution. Sample Motion Move to approve the resolution as presented. Grand Island Council Session - 5/25/2021 Page 209 / 213 Grand Island Council Session - 5/25/2021 Page 210 / 213 Grand Island Council Session - 5/25/2021 Page 211 / 213 Approved as to Form ¤ ___________ May 21, 2021 ¤ City Attorney R E S O L U T I O N 2021-128 WHEREAS, the City Council never officially adopted a name for the area commonly known as the Kaufman Park or Railside Plaza; WHEREAS, Amur Equipment Finance have designed a plan for an expansion towards W. South Front Street; WHEREAS, Amur Equipment Finance is planning on contributing 50% matching donation and would be the lead on the project, project estimation is currently $650,000; WHEREAS, Amur Equipment Finance is seeking naming rights upon completion of the northern expansion and current plaza updates. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: Upon project completion and acceptance, the area currently known as Kaufman Park or Railside Plaza will officially be renamed to Amur Plaza or Amur Park. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 25, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/25/2021 Page 212 / 213 City of Grand Island Tuesday, May 25, 2021 Council Session Item J-1 Approving Payment of Claims for the Period of May 12, 2021 through May 25, 2021 The Claims for the period of May 12, 2021 through May 25, 2021 for a total amount of $5,009,094.07. A MOTION is in order. Staff Contact: Patrick Brown, Finance Director Grand Island Council Session - 5/25/2021 Page 213 / 213