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09-14-2021 City Council Regular Meeting Packet City of Grand Island Tuesday, September 14, 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 - 9/14/2021 Page 1 / 360 City of Grand Island Tuesday, September 14, 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 - Pastor Luke Biggs, Peace Lutheran Church, 1710 N. North Road 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 - 9/14/2021 Page 2 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item C-1 Presentation of the Food & Beverage Occupation Tax Oversight Committee 2021 Annual Report Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/14/2021 Page 3 / 360 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:September 14, 2021 Subject:Annual Report by the Food & Beverage Occupation Tax Oversight Committee Presenter(s):Ron Depue, Chairman Background The voters of the City of Grand Island approved an occupation tax on food and beverages of one and one half percent (1½%) at the May 10, 2016 election. Subsequent to the election, the city has adopted an ordinance that establishes the Food and Beverage Occupation Tax Oversight Committee to be responsible for reviewing the revenues and expenditures of the city’s occupation tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants. The Committee shall advise the public and city officials with regard to the city’s Food and Beverage Tax, and shall confirm that the Food and Beverage Tax revenues are accounted for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. The Occupation Tax Oversight Committee is required by the Grand Island City Code to make an annual report to the City Council. Discussion The Occupation Tax Oversight Committee has been conducting quarterly meetings during the last nine months as required by the City Code. The committee met on September 9, 2021, reviewed and approved the annual report and voted to forward it on to the City Council for its review. No action is required by the City Council. Grand Island Council Session - 9/14/2021 Page 4 / 360 Grand Island Council Session - 9/14/2021 Page 5 / 360 Grand Island Council Session - 9/14/2021 Page 6 / 360 Grand Island Council Session - 9/14/2021 Page 7 / 360 Grand Island Council Session - 9/14/2021 Page 8 / 360 Grand Island Council Session - 9/14/2021 Page 9 / 360 Grand Island Council Session - 9/14/2021 Page 10 / 360 Grand Island Council Session - 9/14/2021 Page 11 / 360 Grand Island Council Session - 9/14/2021 Page 12 / 360 Grand Island Council Session - 9/14/2021 Page 13 / 360 Grand Island Council Session - 9/14/2021 Page 14 / 360 Grand Island Council Session - 9/14/2021 Page 15 / 360 Grand Island Council Session - 9/14/2021 Page 16 / 360 Grand Island Council Session - 9/14/2021 Page 17 / 360 Grand Island Council Session - 9/14/2021 Page 18 / 360 Grand Island Council Session - 9/14/2021 Page 19 / 360 Grand Island Council Session - 9/14/2021 Page 20 / 360 Grand Island Council Session - 9/14/2021 Page 21 / 360 Grand Island Council Session - 9/14/2021 Page 22 / 360 Grand Island Council Session - 9/14/2021 Page 23 / 360 Grand Island Council Session - 9/14/2021 Page 24 / 360 Grand Island Council Session - 9/14/2021 Page 25 / 360 Grand Island Council Session - 9/14/2021 Page 26 / 360 Grand Island Council Session - 9/14/2021 Page 27 / 360 Grand Island Council Session - 9/14/2021 Page 28 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item D-1 #2021-BE-1 - Consideration of Determining Benefits for Railside Business Improvement District Council action will take place under Ordinances item F-2. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 29 / 360 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:September 14, 2021 Subject:Determining Benefits for Railside Business Improvement District and Approving the Assessments Presenter(s):Patrick Brown, Finance Director Background On August 14, 2018, the City Council adopted Ordinance No. 9700 that created the Railside Business Improvement District. The 2021-2022 Budget provides for special assessments on land and real property in the District as of January 1, 2021 in the amount of $0.24336 per $100 of real property. The total taxable value of $52,263,359 provides for assessments of $124,237.94. Discussion The City Council, in its capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. The assessment for owner-occupied properties is originally based on 100% of the assessed value. City code section 13-95(C) states Council may lower the amount of assessment for owner-occupied properties. The attached list of 10 property owners filed proper documentation with the Finance Department for the 30% eligible reduction. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the benefits for the District and related assessments represented in Resolution documents, $124,237.94. 2.Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Railside Business Improvement District and related assessments in Resolution 2021-BE-1. Grand Island Council Session - 9/14/2021 Page 30 / 360 Sample Motion Board of Equalization: Move to approve the benefits accruing to Railside Business Improvement District as presented in Resolution 2021-BE-1. Grand Island Council Session - 9/14/2021 Page 31 / 360 Parcel ID Name AddressCurrent Taxable ValuationReduced Taxable ValuationPercent Owner Occupied100% Assessed amount70% Assessed amount400143887 BUCKLEY/LYNN A 00123 N LOCUST 1103 $ 61,554.00 $43,088 100.00% $ 149.77 $104.84400143569 LEE/EVAN E & TEREASA T MCDONALD 123 N LOCUST 606 $ 60,395.00 $42,277 100.00% $ 146.95 $102.87400143739 STEVENS/KARI 123 N LOCUST 902 $ 58,457.00 $40,920 100.00% $ 142.24 $99.57400029073 HILL/DAVID C 304-316 S PINE $ 192,714.00 $163,807 50.00% $ 468.91 $398.57400143488 BERGHOLZ/MICHAEL J 00123 N LOCUST 506 $ 56,155.00 $39,309 100.00% $ 136.64 $95.65400143836 WHITEHEAD/DIANA L 00123 N LOCUST 1004 $ 72,945.00 $51,062 100.00% $ 177.49 $124.24400042568 MUELLER/LLOYD & MARILYN 00110 W KOENIG $ 57,057.00 $39,940 100.00% $ 138.83 $97.18400143747 DETLEFSEN/DARRELL F & LISA 00123 N LOCUST 903 $ 61,494.00 $43,046 100.00% $ 149.63 $104.74400143534 POST/KAELEIGH 123 N LOCUST 603 $ 56,145.00 $39,302 100.00% $ 136.61 $95.63400081075 FERNANDEZ/PEDRO 00721 W 1ST $ 144,583.00 $101,208 100.00% $ 351.80 $246.26Totals $821,499 $603,956$1,998.87 $1,469.55Letters from property owners of the Railside BID requesting 30% reduction in Valuation.Grand IslandCouncil Session - 9/14/2021Page 32 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-BE-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Railside Business Improvement District, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $124,237.94; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within Railside Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: PARCEL OWNER LEGAL Assessment Amount 149 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 - 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE - 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 - 400004127 CASA DE ORACION, ONC ORIGINAL TOWN S 31.9' E 2/3 OF LT 1 BLK 54 - 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 18.93 400004143 WING EMPIRE INC ORIGINAL TOWN LT 2 BLK 54 902.79 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 - 400004186 WAYNE/JOHN W & TERESA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 488.25 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5 BLK 54 161.29 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 100.31 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 194.01 Grand Island Council Session - 9/14/2021 Page 33 / 360 RESOLUTION 2021-BE-1 - 2 - 400004224 PINNACLE BANK ORIGINAL TOWN W 22' S 1/2 LT 6 BLK 54 156.10 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 640.17 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 251.36 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 377.83 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 761.01 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 1,167.14 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 326.16 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 102.23 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 - 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK 55 - 400004364 HOETFELKER/RUSSELL L ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 521.38 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 42.11 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 147.87 400004399 ERIVES ENTERPRISES LLC ORIGINAL TOWN S 44.5' LT 5 BLK 55 431.81 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 755.39 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 307.00 400004437 NEPPL/KAREN ORIGINAL TOWN W 1/3 LT 7 BLK 55 281.69 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 884.72 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 252.75 Grand Island Council Session - 9/14/2021 Page 34 / 360 RESOLUTION 2021-BE-1 - 3 - 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 243.53 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 570.99 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 144.33 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 12.55 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 11.60 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 9.58 400004569 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LT 4 & W 1/2 LT 3 BLK 56 - 400004577 MAYHEW/CARL & SUSAN A ORIGINAL TOWN W 1/3 LT 5 BLK 56 324.47 400004585 TRINTOWN LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 439.15 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 571.59 400004615 JOHNSON/DUANE A & DEE ANN ORIGINAL TOWN LT 7 BLK 56 613.73 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 3,790.58 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 LT 1 & ALL LTS 2-3 & 4 BLK 57 - 400004658 J & B RENTALS LLC ZILLER SUB LT 1 650.94 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 - 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 2,300.84 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 4,461.42 400004690 PREMIER SERVICE PROPERTY MANAGEMENT, LLC ORIGINAL TOWN LTS 1 & 2 BLK 58 295.37 400004704 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 95.52 Grand Island Council Session - 9/14/2021 Page 35 / 360 RESOLUTION 2021-BE-1 - 4 - 400004712 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 1,446.97 400004720 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 101.61 400004739 STELK/MARK D JENSEN SUB LT 1 171.23 400004747 CALDERON/ELISEO ORIGINAL TOWN W 1/3 LT 7 BLK 58 232.55 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 280.22 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 87.92 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 144.17 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 349.13 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 394.02 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 320.71 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 15.55 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 - 400004860 MEAD BUILDING CENTERS ORIGINAL TOWN N 33' LT 4 BLK 59 171.34 400004879 SPIRIT IN THE SKY LLC ORIGINAL TOWN LT 5 BLK 59 1,043.85 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 223.97 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 192.97 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 96.01 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 214.22 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 755.63 400004933 CKP LLC ORIGINAL TOWN LTS 1 & 2 BLK 60 667.35 Grand Island Council Session - 9/14/2021 Page 36 / 360 RESOLUTION 2021-BE-1 - 5 - 400004941 CKP LLC ORIGINAL TOWN LT 3 BLK 60 141.78 400004968 BUSINESS PROPERTIES ORIGINAL TOWN LT 4 BLK 60 369.63 400004984 LB AUDIO LLC ORIGINAL TOWN LTS 5 & 6 BLK 60 739.84 400004992 GRAND DENTAL HOLDINGS LLC ORIGINAL TOWN LTS 7 & 8 BLK 60 1,364.41 400005018 ABJAL LLC ORIGINAL TOWN LTS 1 & 2 BLK 61 1,060.44 400005026 ABJAL LLC ORIGINAL TOWN LTS 3 & 4 BLK 61 912.01 400005034 JIA PROPERTIES, LLC ORIGINAL TOWN LT 5 BLK 61 733.57 400005042 HANSEN PROPERTIES LLC ORIGINAL TOWN LTS 6-7 & 8 BLK 61 777.00 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 221.32 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 782.31 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 457.80 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S 66' LT 3 BLK 62 555.51 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT 4 BLK 62 192.54 400005107 MIDWEST PREMIER INVESTMENTS, LLC ORIGINAL TOWN S 1/2 W 50' LT 5 BLK 62 88.46 400005115 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN N 1/2 W 50' LT 5 BLK 62 832.21 400005123 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 16' LT 5 & W 1/2 LT 6 BLK 62 51.51 400005131 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 1/2 LT 6 & W 1/2 LT 7 BLK 62 397.63 400005158 GRAND ISLAND AREA HABITAT FOR HUMANITY INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 7 & ALL LT 8 BLK 62 - 400005166 HUENEFELD/DANIEL C & LINDA K CITY CENTRE CONDOMINIUMS UNIT 1 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 1,096.21 400005168 GRAND ISLAND ENTREPRENEURIAL VENTURE LLC CITY CENTRE CONDOMINIUMS UNIT 2 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 157.11 Grand Island Council Session - 9/14/2021 Page 37 / 360 RESOLUTION 2021-BE-1 - 6 - 400005170 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 3 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 317.88 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 368.52 400005174 LL FORGY PROPERTIES, LLC CITY CENTRE CONDOMINIUMS UNIT 5 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 943.21 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 - 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 252.47 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 - 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 - 400005220 HACK/MONTE C & SHERI S ORIGINAL TOWN S 88' LT 8 BLK 63 397.91 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 971.42 400005247 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 1 BLK 64 451.68 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 232.54 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 333.29 400005271 AVILA/LOURDES ORIGINAL TOWN E 44' LT 2 BLK 64 258.37 400005298 VANWINKLE LIMITED LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 181.29 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 270.82 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 323.80 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 1,197.16 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 - Grand Island Council Session - 9/14/2021 Page 38 / 360 RESOLUTION 2021-BE-1 - 7 - 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 - 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 219.03 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 187.40 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 1,238.49 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 (PARKING LOT) - 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 1,437.06 400005417 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 2 BLK 65 359.35 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 923.87 400005433 ARCHWAY PARTNERSHIP ORIGINAL TOWN W 1/3 LT 2 BLK 65 361.98 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 379.30 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 - 400005476 SPOTANSKI/MARK & TERESA ORIGINAL TOWN W 1/3 LT 3 BLK 65 275.88 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 339.46 400005492 SHADA CONSTRUCTION, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 393.69 400005506 J & B RENTALS LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 314.19 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 178.00 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 314.41 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 236.11 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 277.50 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 228.16 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N Grand Island Council Session - 9/14/2021 Page 39 / 360 RESOLUTION 2021-BE-1 - 8 - 55' LT 8 BLK 65 42.01 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E 1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 222.26 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT 8 BLK 65 280.51 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK 65 299.65 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 1,009.43 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 417.63 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 380.23 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 238.72 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 304.84 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 473.13 400005689 TOWER 217, LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 3,238.34 400005697 PEACEFUL ROOT LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 828.32 400005700 PEACEFUL ROOT LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 937.18 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 288.67 400005721 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 100 (1ST FLOOR)~ 382.93 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~ 1,107.77 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR) 1,203.42 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD 1,233.11 Grand Island Council Session - 9/14/2021 Page 40 / 360 RESOLUTION 2021-BE-1 - 9 - FLOOR) 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT) 139.69 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA) 583.04 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 - 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 - 400005751 S&V INVESTMENTS, LLC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 - 400005786 S & V INVESTMENTS LLC SV SUB LT 1 2,456.32 400005794 PLAZA SQUARE DEVELOPMENT LLC ORIGINAL TOWN W 22' LT 6 & ALL LT 5 BLK 68 151.17 400005808 SMITH/JONATHAN M ORIGINAL TOWN W 6' LT 7 & E 2/3 LT 6 BLK 68 281.77 400005816 SMITH/JONATHAN M ORIGINAL TOWN E 60' LT 7 BLK 68 262.42 400005824 TPCR RENTALS LLC ORIGINAL TOWN LT 8 BLK 68 334.08 400006588 WESTERBY/DOUGLAS M ORIGINAL TOWN LT 1 BLK 77 201.99 400006596 201 E 2ND LLC ORIGINAL TOWN LT 2 BLK 77 154.18 400006618 201 E 2ND LLC ORIGINAL TOWN LTS 3 & 4 BLK 77 2,118.70 400006626 CITY OF GRAND ISLAND NE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7-8 BLK 77 - 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY - Grand Island Council Session - 9/14/2021 Page 41 / 360 RESOLUTION 2021-BE-1 - 10 - 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 313.30 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 88.52 400006723 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN S 44' LT 3 & S 44' LT 4 BLK 79 1,270.30 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 22.69 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 12.98 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 96.10 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 272.56 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 255.53 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 170.41 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 - 400006839 MCDERMOTT/NIELS C & VIRGINIA A ORIGINAL TOWN C 1/3 LT 8 BLK 80 381.61 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 - 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 337.02 400006871 VICTORY BIBLE FELLOWSHIP OF THE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 1 BLK 81 - 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 - 400006901 TRAMPE/RONALD EUGENE ORIGINAL TOWN W 1/3 LT 2 BLK 81 203.76 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 178.23 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 280.23 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 712.34 400006952 MEHRING & SHADA ORIGINAL TOWN LT 5 BLK 81 Grand Island Council Session - 9/14/2021 Page 42 / 360 RESOLUTION 2021-BE-1 - 11 - PROPERTIES LLC 521.73 400006960 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 6 BLK 81 189.76 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 1,189.18 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 251.78 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 71.09 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 381.76 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 75.58 400007029 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 4 & PT VAC ALLEY BLK 82 152.20 400007037 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LTS 5-6-7-8 & PT VAC ALLEY BLK 82 3,018.85 400007061 GRAND ISLAND HOSPITALITY LLC ORIGINAL TOWN LTS 1 & 2 BLK 83 904.86 400007088 DIAZ/JESUS SALAS ORIGINAL TOWN LTS 3 & 4 BLK 83 696.56 400007096 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN N 60.35' LT 5 BLK 83 204.08 400007118 MATEO PEDRO/TOMAS ORIGINAL TOWN S 71.65' LT 5 BLK 83 231.75 400007126 MATEO P/TOMAS ORIGINAL TOWN W 2/3 LT 6 BLK 83 326.20 400007134 PEREZ/SYLVIA ORIGINAL TOWN E 1/3 LT 6 & ALL LT 7 BLK 83 330.63 400007142 WOODEN/MICHAEL OWEN & SONYA KAY ORIGINAL TOWN E 41' N 28' LT 8 BLK 83 162.65 400007150 WOODEN/MICHAEL OWEN & SONYA KAY ORIGINAL TOWN PT N 1/3 & S 2/3 LT 8 BLK 83~ 342.26 400007169 PARK ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 84 - 400007177 LANE HOME IMPROVEMENTS ORIGINAL TOWN LT 1 BLK 85 (SEE COMMENTS) 281.78 400007185 LANE HOME IMPROVEMENTS ORIGINAL TOWN LT 2 BLK 85 199.80 400007193 HOPE HARBOR INC ORIGINAL TOWN LTS 3 & 4 BLK 85 - Grand Island Council Session - 9/14/2021 Page 43 / 360 RESOLUTION 2021-BE-1 - 12 - 400007215 SAINT MARY'S CHURCH ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 86 - 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 606.32 400007258 LEETCH/GAIL W ORIGINAL TOWN N 60' LT 5 BLK 87 203.86 400007266 JBH ENTERPRISES LLC ORIGINAL TOWN PT LT 6 BLK 87 326.37 400007274 NORTHWESTERN PUBLIC SERVICE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 25' N 4.5' W 51.26' LT 6 BLK 87 0.74 400007282 CENTENO-DIAZ/RAMON ORIGINAL TOWN LT 7 BLK 87 360.29 400007290 CENTENO-DIAZ/RAMON ORIGINAL TOWN LT 8 BLK 87 503.90 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 - 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 - 400007320 THOMPSON/CHRIS ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60' OF E 24' OF LT 3 BLK 89 465.28 400007339 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LTS 1-2 & 3 & FR LT 7 BLK 91 - 400007347 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 & PT VAC ST BLK 91 - 400007355 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LT 6 & PT LT 8 BLK 91 - 400007363 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND STRIP 8' X 66' & PT LT 8 BLK 91 - 400007371 DOMINICK/EUGENE ORIGINAL TOWN E 6' N 103'& E 37' S 29' LT 2 & ALL LT 1 BLK 92~ 306.53 400007398 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 2 XC E 6' N 103' & E 37' S 29' LT 2 BLK 92 - 400007401 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 50' LT 3 BLK 92 - Grand Island Council Session - 9/14/2021 Page 44 / 360 RESOLUTION 2021-BE-1 - 13 - 400007428 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 16' LT 3 & ALL LT 4 BLK 92 - 400029022 EMERY/GREGORY D & CHARLENE A CAMPBELL'S SUB E 51' 8 LTS 1-2-3 102.35 400029030 MENDOZA/WILMER CAMPBELL'S SUB W 75'4 LTS 1-2-3 350.01 400029049 HASTINGS GRAIN INSPECTION INC CAMPBELL'S SUB LTS 4-5-6 & N 10' LT 7 217.11 400029057 HASTINGS GRAIN INSPECTION INC CAMPBELL'S SUB S 12' LT 7 & ALL LT 8 308.52 400029065 TWO BROTHERS INC CAMPBELL'S SUB 32' X 127' LT 9 263.53 400029073 HILL/DAVID C CAMPBELL'S SUB LTS 10-13 398.64 400039605 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 1 - 400039613 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 2 - 400039621 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 3 - 400039648 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 4 - 400042169 COUNTY OF HALL NEBRASKA HANN'S ADD TO THE CITY OF GRAND ISLAND N 31' LT 2 & S 13.75' LT 1 BLK 1~ - 400042177 COUNTY OF HALL HANN'S FOURTH ADD TO THE CITY OF GRAND ISLAND LT 2 - 400042185 REYES/DAILYS HANN'S ADD N 14' LT 3 & S 26' LT 2 BLK 1~ 167.55 400042193 CAMPBELL/HUNTER A H & KATHLEEN A HANN'S ADD N 7' PT LT 4 & S 43' LT 3 BLK 1~ 264.11 400042207 MITCHELL/DEREK L & RUTH E HANN'S ADD E 60' OF S 50' OF LT 4 BLK 1~~ 252.85 400042215 CAMPBELL/KATHLEEN A HANN'S ADD W 67' OF S 50' OF LT 4 BLK 1~ 178.39 400042525 COUNTY OF HALL HANN'S FOURTH ADD TO THE CITY OF GRAND ISLAND LT 1 - 400042533 MARSH PROPERTIES LLC HANN'S SECOND ADD S 5' OF LT 2 & ALL LT 3 BLK 4 673.26 Grand Island Council Session - 9/14/2021 Page 45 / 360 RESOLUTION 2021-BE-1 - 14 - 400042541 WILLIAMS/CASEY J & MISTI A HANN'S FIFTH SUB LT 2 177.20 400042568 MUELLER/LLOYD & MARILYN HANN'S FIFTH SUB LT 1 97.2 400042576 TWO BROTHERS INC HANN'S 3RD ADD W 111' X 118' BLK 5 514.03 400042584 ROSALES-MONZON/CARLOS A HANN'S 3RD ADD N 52.5' OF E 91.9' OF BLK 5 236.20 400042592 ROYLE/CECILIA B HANN'S 3RD ADD E 56' OF W 174' OF BLK 5 195.10 400042606 VALENZUELA/LINDA L HANN'S 3RD ADD S 58.5' OF E 91.9' OF BLK 5 236.15 400080532 HOOS INSURANCE AGENCY INC RAILROAD ADD LT 4 & PT VAC ST BLK 97 324.12 400080540 SANCHEZ/FILEMON RAILROAD ADD N 1/2 LT 1 BLK 98 62.94 400080559 SANCHEZ/FILEMON RAILROAD ADD S 1/2 LT 1 BLK 98 364.91 400080567 CHAIRMAN INVESTMENTS LLC RAILROAD ADD LT 2 BLK 98 143.36 400080575 QUINTANA- ALMORA/AGUEDO RAILROAD ADD W 1/2 LT 3 BLK 98 176.55 400080583 SCHAFER/LEE ANN G RAILROAD ADD E 1/2 LT 3 BLK 98 192.61 400080591 TPCR RENTALS LLC RAILROAD ADD N 86' LT 4 BLK 98 79.49 400080605 TPCR RENTALS LLC RAILROAD ADD S 46' LT 4 BLK 98 289.30 400080613 TPCR RENTALS LLC RAILROAD ADD LT 5 BLK 98 1,691.35 400080621 TPCR RENTALS LLC RAILROAD ADD LT 6 BLK 98 400.63 400080648 BENITEZ/FLORIBERTO SANCHEZ RAILROAD ADD W 52' LT 7 BLK 98 219.84 400080656 SANCHEZ/FILEMON RAILROAD ADD E 14' LT 7 & ALL LT 8 BLK 98 522.94 400080990 HUNT/AMY S RAILROAD ADD FR LT 1 & FR LT 2 BLK 105 204.47 400081008 BLACKSTONE RESIDENCE, LLC RAILROAD ADD LT 3 BLK 105 210.76 400081016 LAZENDORF HOLDINGS LIMITED PARTNERSHIP RAILROAD ADD LT 4 BLK 105 358.97 Grand Island Council Session - 9/14/2021 Page 46 / 360 RESOLUTION 2021-BE-1 - 15 - 400081040 BLACKSTONE RESIDENCE, LLC RAILROAD ADD LT 5 & FR LTS 6 & 7 XC CITY BLK 105 1,477.59 400081059 FRIENDSHIP HOUSE INC RAILROAD ADD LTS 1 & 2 BLK 106 - 400081067 C & S GROUP LLC RAILROAD ADD LT 3 BLK 106 299.85 400081075 FERNANDEZ/PEDRO RAILROAD ADD LT 4 BLK 106 246.30 400081105 MUFFLER SHOP INC/THE RAILROAD ADD LTS 1 & 2 BLK 107 668.30 400081113 MUFFLER SHOP INC/THE RAILROAD ADD LTS 3 & 4 BLK 107 154.27 400081121 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD S 2/3 LT 5 BLK 107 190.51 400081148 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD N 1/3 LT 5 BLK 107 202.94 400081156 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD LT 6 BLK 107 290.04 400081164 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD LT 7 XC N 60' OF E 22' & XC E 29.54' OF S 71.50' BLK 107 472.21 400081172 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD S 72' LT 8 & E 29.54' OF S 71.50' LT 7 BLK 107 293.17 400081180 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD N 60' OF E 22' LT 7 & N 60' LT 8 BLK 107 268.56 400081199 SHULTZ/MONTY R & BRENDA L RAILROAD ADD LTS 1 & 2 BLK 108 485.70 400081202 WESTGATE PROPERTIES LLC RAILROAD ADD E 37' LT 3 BLK 108 209.14 400081210 DOUGLAS BOOKKEEPING SERVICE INC RAILROAD ADD W 29' LT 3 & ALL LT 4 BLK 108 708.27 400081229 PLACKE/DONALD J & JANET L RAILROAD ADD S 88' LT 5 BLK 108 132.32 400081237 PLACKE/DONALD J & JANET L RAILROAD ADD N 44' LT 5 BLK 108 7.07 400081245 BREWER PROPERTIES LLC RAILROAD ADD LT 6 BLK 108 357.91 400081253 BOSSELMAN INC RAILROAD ADD LTS 7 & 8 BLK 108 933.43 400081261 GILROY/DAVID A & CAROLYN J RAILROAD ADD S 61' LT 1 & S 61' LT 2 BLK 109 180.24 400081288 HANEY/THOMAS W & DIANE K RAILROAD ADD N 71'LT 1 & N 71' LT 2 BLK 109~ 174.74 Grand Island Council Session - 9/14/2021 Page 47 / 360 RESOLUTION 2021-BE-1 - 16 - 400081296 ROEBUCK ENTERPRISES, LLC RAILROAD ADD E 59.5' LT 3 BLK 109 146.33 400081318 ROEBUCK ENTERPRISES, LLC RAILROAD ADD E 52'11 LT 4 & W 6.5' LT 3 BLK 109~ 96.10 400081326 LINDELL/TIMOTHY C RAILROAD ADD E 52' 11 OF LT 5 & ALL LT 6 BLK 109 274.62 400081334 LPB, LLC RAILROAD ADD LTS 7 & 8 BLK 109 743.69 400113651 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 2 - 400113678 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 3 - 400113686 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND N 52 1/3' OF W 150' LT 4 - 400113694 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 5 - 400113708 COUNTY OF HALL WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND W 86' OF E 165' OF 4 & W 86' OF E 165' OF N 48.5' LT 5 - 400113716 COUNTY OF HALL WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND W PT OF N 48.5' X 150' LT 5 & 26.17' X 150' OF W PT LT 4 - 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 170.84 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 235.19 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 160.89 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 231.99 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 561.36 400143283 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201A 525.04 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 152.24 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 131.57 Grand Island Council Session - 9/14/2021 Page 48 / 360 RESOLUTION 2021-BE-1 - 17 - 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 147.74 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 147.91 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 164.29 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 130.96 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 139.30 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 136.49 400143380 MEYER/RONNY A & LYNN M THE YANCEY, A CONDOMINIUM UNIT 404 147.45 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 136.93 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 136.59 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 204.92 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 131.47 400143437 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 502 141.92 400143445 QUALITY QTRS. LLC THE YANCEY, A CONDOMINIUM UNIT 503 136.54 400143453 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 504 147.50 400143461 FIELDGROVE/SUSAN LEA THE YANCEY, A CONDOMINIUM UNIT 505 136.98 400143488 BERGHOLZ/MICHAEL J THE YANCEY, A CONDOMINIUM UNIT 506 95.66 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 163.69 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 131.57 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 142.04 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 95.64 Grand Island Council Session - 9/14/2021 Page 49 / 360 RESOLUTION 2021-BE-1 - 18 - 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 147.60 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 137.05 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 102.88 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 205.24 400143585 HINRICHS/DARRELL & MARLENE THE YANCEY, A CONDOMINIUM UNIT 701 131.62 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 142.14 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 171.42 400143615 BURTSCHER/JAN L THE YANCEY, A CONDOMINIUM UNIT 704 147.70 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 137.15 400143631 WAINWRIGHT/TODD AARON THE YANCEY, A CONDOMINIUM UNIT 706 171.54 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 177.78 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 131.69 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 142.21 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 149.60 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 221.99 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 154.56 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 172.75 400143720 HINRICHS/DARRELL D & MARLENE THE YANCEY, A CONDOMINIUM UNIT 901 142.85 400143739 STEVENS/KARI THE YANCEY, A CONDOMINIUM UNIT 902 99.58 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 104.76 Grand Island Council Session - 9/14/2021 Page 50 / 360 RESOLUTION 2021-BE-1 - 19 - 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 177.45 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 154.61 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 172.82 400143798 TODD/LINDA M THE YANCEY, A CONDOMINIUM UNIT 1001 100.03 400143801 WEINRICH/WILLIAM THE YANCEY, A CONDOMINIUM UNIT 1002 154.28 400143828 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 1003 149.70 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 124.26 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 154.66 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 172.89 400143860 MYERS/JON M & CHANDRA L THE YANCEY, A CONDOMINIUM UNIT 1101 131.86 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 154.35 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 104.86 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 154.01 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 154.78 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 173.01 400144247 HOME FEDERAL SAVINGS & LOAN ASSN HANN'S FOURTH ADD LT 3 1,777.17 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 18.99 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 105.94 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 70.50 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 38.74 Grand Island Council Session - 9/14/2021 Page 51 / 360 RESOLUTION 2021-BE-1 - 20 - 400292971 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201B 58.43 400292998 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201C 147.09 400293005 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201D 111.00 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 390.21 400325705 CALDERON/ELISEO JENSEN SUB LT 2 135.42 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 - 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 - 400424177 CITY OF GRAND ISLAND ORIGINAL TOWN S 1/2 LT 1 BLK 57 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3 & 4 BLK 87 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 - 124,237.94 Adopted by the City Council of the City of Grand Island, Nebraska, on September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 52 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item D-2 #2021-BE-2 - Consideration of Determining Benefits for Fonner Park Business Improvement District Council action will take place under Ordinances item F-3. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 53 / 360 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:September 14, 2021 Subject:Consideration of Determining Benefits for Fonner Park Business Improvement District Presenter(s):Patrick Brown, Finance Director Background On February 14, 2017, the City Council adopted Ordinance #9622 creating the Fonner Park Business Improvement District (BID). The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On June 3, 2021 the Fonner Park BID Board met and approved the 2021-2022 budget which provides for special assessments in the amount $10.50/front foot. On August 24, 2021, City Council approved the BID budget and set the date for Board of Equalization as September 14, 2021. Discussion The reformation of the Fonner Park BID that occurred in 2017 created the Fonner Park BID as a perpetual entity. In this district, assessments are paid by property owners based on the front footage of the property. Owners are billed for the assessment after approval by City Council sitting as the Board of Equalization on September 14, 2021. The budgeted assessments of $51,785 will be charged to property owners in the district based on their front footage. Attached is a summary of the notice given to owners within the BID and published in the Grand Island Independent on August 27, September 3, and 10 2021. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the proposed Special Assessments. 2.Deny the proposed Special Assessments. Grand Island Council Session - 9/14/2021 Page 54 / 360 3.Send back to the BID Board for adjustment. Recommendation City Administration recommends that the Board of Equalization approve the proposed Special Assessments for the Fonner Park BID totaling $51,785. Sample Motion Move to approve the Special Assessments as proposed. Grand Island Council Session - 9/14/2021 Page 55 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-BE-2 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Fonner Park Business Improvement District , after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $51,785; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within Fonner Park Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: OWNER LEGAL NAME ASSESSMENT WESTERBY/MICHAEL J & MANDY JANISCH SUB PT LT 1 1,259.53 DSVK NC, LLC BROWNELL SUB XC .0051 AC TO ROW LT 1 XC E 10' 695.67 WILTGEN CORP II KIRKPATRICK SUB LT 5 740.75 WILTGEN CORP II KIRKPATRICK SUB LT 6 729.65 DA-LY PROPERTIES LLC LABELINDO SECOND SUB PT LT 1 XC 18.3 FT TO CITY 2,935.56 ZANA/JAMES SCOTT R & R SUB PT LT 1 1,477.58 CASEY'S RETAIL CO PLEASANT HOME SUB XC CITY E 1/2 OF S 1/2 BLK 9 1,474.02 LOCUST STREET LLC PLEASANT HOME SUB XC CITY BLK 16 2,115.44 OBERG/DANNY K ROEPKE SUB PT LT 2 & PT LT 1 1,620.55 OBERG/DANNY K ROEPKE SECOND SUB PT LT 1 477.74 EDWARDS BUILDING CORP FONNER SUB LT 1 XC CITY 1,421.76 BOSSELMAN REAL ESTATE LLC FONNER FOURTH SUB LT 1 5,109.01 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 5 2,098.55 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 6 4,201.63 Grand Island Council Session - 9/14/2021 Page 56 / 360 RESOLUTION 2021-BE-2 - 2 - THE RAYMOND J O'CONNOR REV TRUST FONNER THIRD SUB PT LT 1 & PT LT 3 3,568.21 WILLIAMS HOSPITALITY LLC FONNER THIRD SUB REPLATTED PT LT 3 1,474.87 LOCUST STREET LLC MISCELLANEOUS TRACTS 21-11-9 PT SE 1/4 SE 1/4 .20 AC TO CITY .817 AC 2,787.79 REILLY/MICHAEL J & CAREY M JNW SUB LT 1 1,571.43 EDWARDS BUILDING CORP JNW SECOND SUB LT 1 1,741.24 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 2 1,135.04 BRADDY/CINDY MISCELLANEOUS TRACTS XC TO CITY 21-11-9 PT SE 1/4 SE 1/4 .78 AC 1,412.72 AREC 7, LLC MISCELLANEOUS TRACTS 21-11-9 XC CITY PT SE 1/4 SE 1/4 1.17 AC 2,136.10 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 1 1,309.30 GOODWILL INDUST OF GREATER NEBR GOODWILL SIXTH SUB LT 2 1,907.52 HALL COUNTY LIVESTOCK IMPROVEMENT ASSN MISCELLANEOUS TRACTS 22-11-9 TO THE CITY OF GRAND ISLAND PT SW 1/4 SW 1/4 & PT NW 1/4 SW 1/4 XC .15 A CITY & 1.03 AC FONNER RD XC .05 AC CITY XC .98 AC CITY 23.97 AC 3,344.79 SANCHEZ/FILEMON R & R SUB PT LT 2 1,463.21 BOSSELMAN REAL ESTATE, LLC FONNER FOURTH SUB TO CITY ROW PT LT 2 1,575.09 51,784.73 _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 57 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item D-3 #2021-BE-3 - Consideration of Determining Benefits for South Locust Business Improvement District Council action will take place under Ordinances item F-4. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 58 / 360 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:September 14, 2021 Subject:Consideration of Determining Benefits for South Locust Business Improvement District Presenter(s):Patrick Brown, Finance Director Background On February 14, 2017, the City Council adopted Ordinance #9623 creating the South Locust Business Improvement District (BID). The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 1, 2021 the South Locust BID Board met and approved the 2021-2022 budget which provides for special assessments in the amount of $10.25/front foot. On August 24, 2021, City Council approved the BID budget and set the date for Board of Equalization as September 14, 2021. Discussion The reformation of the South Locust BID that occurred in 2017 created the South Locust BID as a perpetual entity. In this district, assessments are paid by property owners based on the front footage of the property. Owners are billed for the assessment after approval by City Council sitting as the Board of Equalization on September 14, 2021. The budgeted assessments of $100,862.61 will be charged to property owners in the district based on their front footage. Attached is a summary of the notice given to owners within the BID and published in the Grand Island Independent on August 27, September 3, and 10, 2021. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the proposed Special Assessments. 2.Deny the proposed Special Assessments. Grand Island Council Session - 9/14/2021 Page 59 / 360 3.Send back to the BID Board for adjustment. Recommendation City Administration recommends that the Board of Equalization approve the proposed Special Assessments for the South Locust BID totaling $100,862.61 Sample Motion Move to approve the Special Assessments as proposed. Grand Island Council Session - 9/14/2021 Page 60 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-BE-3 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for South Locust Business Improvement District, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $101,862.61; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within South Locust Park Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: OWNER LEGAL ASSESSMENT AMOUNT MMY HOSPITALITY LLC BURCH SUB W 273' LT 1 XC CITY 1,435.85 CASEY'S RETAIL COMPANY BURCH SUB W 125' LT 2-3-4 XC CITY 1,845.31 FUGATE/J LARRY BURCH SUB LT 5 XC CITY 1,228.31 WILLIAMS/MICHAEL S & SANDRA S BURCH SECOND SUB LT 1 XC CITY 1,438.49 THE EATING ESTABLISHMENT RUNZA SUB LT 1 XC CITY 1,577.39 KDIVER, LLC HOLCOMB'S HIGHWAY HOMES E 100' LT 12 XC CITY & E 100' LT 13 XC CITY 2,049.99 WILLIS/RONALD J & LORI D HOLCOMB'S HIGHWAY HOMES LT 14 XC CITY 1,123.06 ROYELLE INC HOLCOMB'S HIGHWAY HOMES LT 15 XC CITY 1,143.19 ROYELLE INC BARTZ SUB LT 1 1,117.23 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 3 1,591.79 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 52' LT 19 & N 1' LT 20 543.24 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 108' LT 20 XC CITY 1,106.98 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES N 60' LT 22 XC CITY 614.99 Grand Island Council Session - 9/14/2021 Page 61 / 360 RESOLUTION 2021-BE-3 - 2 - HOLIDAY PLAZA LLC HOLCOMB'S HIGHWAY HOMES LT 21 XC CITY 1,117.23 DA-LY PROPERTIES LLC HOLCOMB'S HIGHWAY HOMES N 12' LT 24 XC CITY & S 98' LT 23 XC CITY 1,127.48 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES S 49' LT 22 & N 11' LT 23 XC CITY 614.99 LLAMAS JR/MOISES HOLCOMB'S HIGHWAY HOMES ADDITION S 97' LT 24 XC CITY & N 38' LT 26~ XC CITY & ALL 25 XC CITY~ 2,500.95 ALLSTATE BK REAL ESTATE HOLDINGS, LTD HOLCOMB'S HIGHWAY HOMES N 79' LT 27 XC CITY & S 71' LT 26 XC CITY 1,537.47 SOUTH POINT DEVELOPMENT, LLC MATTHEWS SUB PT LT 25 XC CITY 2,778.74 KAY ENTERPRISES GRAND ISLAND LLC GARRISON SUB LT 1 XC CITY 2,348.06 CITY OF GRAND ISLAND MIL-NIC SECOND SUB TO THE CITY OF GRAND ISLAND LT 1 1,222.33 CALM NIGHTS LLC MIL-NIC SECOND SUB LT 2 2,803.67 PAULSEN AND SONS INC ROUSH'S PLEASANTVILLE TERRACE SUB LTS 1 & 28 XC CITY & ALL LTS 2- 3-26-27 2,050.50 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 2 1,257.81 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 1 200' X 400' XC CITY 2,095.94 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 2 200' X 400' XC CITY 2,050.40 VISIONCOMM VENDING, INC WOODLAND FIRST SUB LT 3 XC CITY 2,050.63 OBERG/DANNY K WOODLAND FIRST SUB LT 4 XC CITY 2,040.15 BOURKE/JEFFREY T & KARI K WOODLAND FIRST SUB LT 5 XC CITY 2,050.63 RASMUSSEN JR/RICHARD S WOODLAND FIRST SUB N 50' OF E 260' LT 6 XC CITY 510.99 PAM'S RENTALS LLC WOODLAND FIRST SUB S 126' OF E 260' LT 6 XC CITY 1,298.12 ALPHA CORP WOODLAND FIRST SUB E 260' LT 8 XC CITY 2,104.11 SOUTHEAST CROSSINGS LLC WOODLAND SECOND SUB LT 11 XC CITY 5,594.63 BOSSELMAN INC WOODLAND SECOND SUB LT 8 Grand Island Council Session - 9/14/2021 Page 62 / 360 RESOLUTION 2021-BE-3 - 3 - 1,534.08 CARPENTER REAL ESTATE INC WOODLAND SECOND SUB LT 9 1,537.48 LAUB-OTTO, LLC WOODLAND SECOND SUB LT 10 1,623.16 RASMUSSEN JR/RICHARD S WOODLAND THIRD SUB LT 1 XC N 25' OF E 260' XC CITY 767.97 DJ & DK PROPERTIES LLC WOODLAND THIRD SUB N 25' OF E 260' LT 1 XC CITY & LT 2 XC CITY 1,280.47 ALLEN/TAMARA J & JOHN L WOODRIDGE SOUTH SUB LT 1 XC CITY 2,602.30 DEGEN LOCUST LLC WOODRIDGE SOUTH SUB LT 2 XC CITY 1,138.37 SOUTH POINTE DEVELOPMENT LLC SOUTH POINTE SUB LT 1 2,536.88 SARASWATI LLC MISCELLANEOUS TRACTS 27-11-9 PT N 1/2 SW 1/4 SW 1/4 3.03 A 5,138.64 PLATTE VALLEY STATE BANK &EQUESTRIAN MEADOWS SUB LT 1 1,828.00 ROBB/THEODORE J MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 XC CITY 5.08 AC 3,446.14 THE GRAND ISLAND EXTENDED STAY, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 PT LT 4 ISLAND XC CITY 4.85 AC 3,298.16 LLAMAS/MOISES & OLIVIA KNOX SUB LOT 1 XC CITY 1,437.07 ALL FAITHS PROPERTIES, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 NW 1/4 SW 1/4 2.34 AC 2,479.66 PHARMACY PROPERTIES LLC EQUESTRIAN MEADOWS SUB LT 2 1,486.15 WILLIS/RONALD J & LORI D MISCELLANEOUS TRACTS 28-11-9 PT NE 1/4 NE 1/4 XC CITY .445 AC 1,025.01 ROBB/MASON D KNOX THIRD SUB LT 2 XC CITY 1,215.16 ROBB/TED KNOX THIRD SUB LT 3 XC CITY 789.95 COMMUNITY REDEVELOPMENT AUTHORITY OF GI NE TALON APARTMENTS SECOND SUB LOT 13 3,973.70 O'REILLY AUTO ENTERPRISES, LLC RUNZA SUB LT 2 XC CITY 1,595.27 ROBB/MASON D KNOX THIRD SUB LT 1 XC CITY 1,676.03 Grand Island Council Session - 9/14/2021 Page 63 / 360 RESOLUTION 2021-BE-3 - 4 - FAULKNER/MARK A & SUZANNE G EQUESTRIAN MEADOWS SUB LT 3 1,886.30 HERITAGE HOSPITALITY INC VANOSDALL SUB LT 1 874.66 VANOSDALL/DELVIN WAYNE VANOSDALL SUB LT 2 721.37 101,862.61 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 64 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item D-4 #2021-BE-4 - Consideration of Determining Benefits for Vehicle Off-Street Parking District #3 Council action will take place under Ordinances item F-5. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 65 / 360 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:September 14, 2021 Subject:Consideration of Determining Benefits for Vehicle Off- street Parking District #3 Presenter(s):Patrick Brown, Finance Director Background The creation of Parking District #3 occurred January 8, 2019. The goal of the new Parking District #3 is to better balance those paying into the Parking District with those who are using and/or most benefit from the Parking District. Under former Parking District No. 1 established in the 1970’s the financial burden of parking lot maintenance fell solely upon retail and professional businesses within the district through an occupation tax. Over time, however, the use of downtown properties evolved with retail uses replaced by non-business uses and by use by non-retail and non-professional business, Through formation of Off-street Parking District No. 3 and the levy of special assessments the financial burden of maintaining off-street parking lots will be distributed among the owners of all properties within the district irrespective of the use of the property, whether business, retail, government, religious, or nonprofit. This will achieve a fairer and more equitable distribution of the financial burden among all properties specially benefitted by the availability of convenient free off-street parking within the district. Discussion Property owners within the District will be charged a special assessment based on the entire square footage of their buildings. The square footage is based on the information obtained from the County Assessor; however, if square footage was not available from the Assessor then a calculation was done based on outer building dimensions and the number of floors. The total square footage for Parking District #3 is 1,811,612. The special assessment charge for the 2020-2021 year is $70,109.38 or $0.0387/square foot. Property owners who have parking within their property that is open to the public, customers or users of the building can apply for a $10/space credit. This credit can reduce the amount owed for that property or other properties owned by the same owner within 300 feet down to a minimum of $0. Any excess that cannot be used will not be paid out to Grand Island Council Session - 9/14/2021 Page 66 / 360 the property owner or credited to other properties more than 300 feet away. There is an estimated $13,000 in potential parking spot credits based on estimated property owner owned parking spots. The total estimated net revenue for the 2020-2021 year is $57,120. The Board of Equalization will approve the special assessments at their full amounts, as stated in the BOE resolution. If a credit for parking is requested prior to billing then the net amount owed will be billed. If a credit is requested after the bill has been sent, but prior to the bill becoming delinquent (after 50 days) the credit will be applied and a new bill can be generated, if needed. As of the publishing of this item, there has been $860 requested in credits. Finally, all requests for credits will be reviewed and those that are approved will be allowed. 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 4.Postpone the issue to future date 5.Take no action on the issue Recommendation City Administration recommends that the Council approve the board of equalization resolution levying the special assessment and the ordinance for Parking District #3. Sample Motion Move to approve the BOE resolution as presented. Grand Island Council Session - 9/14/2021 Page 67 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-BE-4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Vehicle Offstreet Parking District No. 3, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $70,109.38; and Such benefits are equal and uniform; and According to the building area of the respective lots, tracts, and real estate within such Vehicle Offstreet Parking District No. 3, such benefits are the sums set opposite the several descriptions as follows: The name of the owner, legal description, building area and the special tax amounts are as follows: PARCEL CURRENT_OW LEGAL SQFT 2021 Charge 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE 83,295 $3,223.52 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 13,149 $508.87 400004127 CASA DE ORACION, ONC ORIGINAL TOWN S 31.9' E 2/3 OF LT 1 BLK 54 1,280 $49.54 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 - $0.00 400004143 WING EMPIRE INC ORIGINAL TOWN LT 2 BLK 54 18,620 $720.59 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 - $0.00 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 - $0.00 400004186 WAYNE/JOHN W & TERESA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 21,914 $848.07 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5 BLK 54 3,924 $151.86 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 1,856 $71.83 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 5,544 $214.55 400004224 PINNACLE BANK ORIGINAL TOWN W 22' S 1/2 LT 6 BLK 54 4,356 $168.58 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 8,712 $337.15 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 8,228 $318.42 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 7,304 $282.66 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 23,929 $926.05 Grand Island Council Session - 9/14/2021 Page 68 / 360 RESOLUTION 2021-BE-4 - 2 - 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 12,184 $471.52 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 5,280 $204.34 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 1,320 $51.08 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 - $0.00 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK 55 - $0.00 400004364 HOETFELKER/RUSSELL L ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 18,975 $734.33 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 - $0.00 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 3,720 $143.96 400004399 ERIVES ENTERPRISES LLC ORIGINAL TOWN S 44.5' LT 5 BLK 55 8,530 $330.11 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 15,576 $602.79 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 7,568 $292.88 400004437 NEPPL/KAREN ORIGINAL TOWN W 1/3 LT 7 BLK 55 5,874 $227.32 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 18,836 $728.95 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 9,504 $367.80 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 9,504 $367.80 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 11,744 $454.49 400004518 UNION PACIFIC RAILROAD ORIGINAL TOWN N OF BLKS 55 & 56 134.5' X 550' UP RR ROW 35,460 $1,372.30 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 - $0.00 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 - $0.00 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 - $0.00 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 - $0.00 400004569 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LT 4 & W 1/2 LT 3 BLK 56 - $0.00 400004577 MAYHEW/CARL & SUSAN A ORIGINAL TOWN W 1/3 LT 5 BLK 56 7,964 $308.21 400004585 TRINTOWN LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 16,632 $643.66 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 17,424 $674.31 400004615 JOHNSON/DUANE A & DEE ANN ORIGINAL TOWN LT 7 BLK 56 24,948 $965.49 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 41,938 $1,623.00 Grand Island Council Session - 9/14/2021 Page 69 / 360 RESOLUTION 2021-BE-4 - 3 - 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 LT 1 & ALL LTS 2- 3 & 4 BLK 57 - $0.00 400004658 J & B RENTALS LLC ZILLER SUB LT 1 17,424 $674.31 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 10,968 $424.46 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 26,136 $1,011.46 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 21,232 $821.68 400004690 PREMIER SERVICE PROPERTY MANAGEMENT, LLC ORIGINAL TOWN LTS 1 & 2 BLK 58 698 $27.01 400004704 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 - $0.00 400004712 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 17,608 $681.43 400004720 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 - $0.00 400004739 STELK/MARK D JENSEN SUB LT 1 2,024 $78.33 400004747 CALDERON/ELISEO ORIGINAL TOWN W 1/3 LT 7 BLK 58 2,634 $101.94 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 2,376 $91.95 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 1,892 $73.22 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 2,024 $78.33 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 4,245 $164.28 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 4,240 $164.09 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 13,464 $521.06 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 - $0.00 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 7,992 $309.29 400004860 MEAD BUILDING CENTERS ORIGINAL TOWN N 33' LT 4 BLK 59 6,996 $270.75 400004879 SPIRIT IN THE SKY LLC ORIGINAL TOWN LT 5 BLK 59 8,712 $337.15 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 3,251 $125.81 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 2,998 $116.02 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 2,100 $81.27 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 4,972 $192.42 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 17,787 $688.36 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 2,904 $112.38 400005069 D & A INVESTMENTS ORIGINAL TOWN N 88' LT 1 BLK 62 5,808 $224.77 Grand Island Council Session - 9/14/2021 Page 70 / 360 RESOLUTION 2021-BE-4 - 4 - LLC 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 8,712 $337.15 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S 66' LT 3 BLK 62 7,524 $291.18 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT 4 BLK 62 1,585 $61.34 400005166 HUENEFELD/DANIEL C & LINDA K ORIGINAL TOWN LTS 1 & 2 BLK 63 30,956 $1,198.00 400005174 LL FORGY PROPERTIES, LLC ORIGINAL TOWN E 2/3 LT 3 BLK 63 17,424 $674.31 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 11,616 $449.54 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 11,616 $449.54 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 15,561 $602.21 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 - $0.00 400005220 HACK/MONTE C & SHERI S ORIGINAL TOWN S 88' LT 8 BLK 63 1,668 $64.55 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 8,712 $337.15 400005247 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 1 BLK 64 8,657 $335.03 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 7,243 $280.30 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 6,496 $251.40 400005271 AVILA/LOURDES ORIGINAL TOWN E 44' LT 2 BLK 64 11,000 $425.70 400005298 VANWINKLE LIMITED LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 4,375 $169.31 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 8,448 $326.94 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 16,896 $653.88 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 26,136 $1,011.46 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 - $0.00 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 - $0.00 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 4,158 $160.91 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 4,136 $160.06 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 8,712 $337.15 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 - $0.00 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 33,840 $1,309.61 Grand Island Council Session - 9/14/2021 Page 71 / 360 RESOLUTION 2021-BE-4 - 5 - 400005417 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 2 BLK 65 8,712 $337.15 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 8,316 $321.83 400005433 ARCHWAY PARTNERSHIP ORIGINAL TOWN W 1/3 LT 2 BLK 65 6,666 $257.97 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 4,884 $189.01 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 7,304 $282.66 400005476 SPOTANSKI/MARK & TERESA ORIGINAL TOWN W 1/3 LT 3 BLK 65 7,920 $306.50 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 7,920 $306.50 400005492 SHADA CONSTRUCTION, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 16,494 $638.32 400005506 J & B RENTALS LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 8,536 $330.34 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 4,356 $168.58 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 8,148 $315.33 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 5,128 $198.45 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 14,048 $543.66 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 9,900 $383.13 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N 55' LT 8 BLK 65 - $0.00 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E 1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 5,430 $210.14 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT 8 BLK 65 4,620 $178.79 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK 65 6,720 $260.06 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 52,272 $2,022.93 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 12,358 $478.25 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 8,712 $337.15 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 5,094 $197.14 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 5,148 $199.23 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 4,620 $178.79 400005689 TOWER 217, LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 27,104 $1,048.92 400005697 PEACEFUL ROOT LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 27,407 $1,060.65 Grand Island Council Session - 9/14/2021 Page 72 / 360 RESOLUTION 2021-BE-4 - 6 - 400005700 PEACEFUL ROOT LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 21,780 $842.89 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 7,832 $303.10 400005721 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 100 (1ST FLOOR)~ 3,139 $121.48 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~ 3,260 $126.16 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR) 7,049 $272.80 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR) 7,223 $279.53 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT) 8,406 $325.31 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA) 3,753 $145.24 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 - $0.00 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 8,945 $346.17 400005751 S&V INVESTMENTS, LLC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 - $0.00 400005786 S & V INVESTMENTS LLC SV SUB LT 1 10,560 $408.67 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY 49,773 $1,926.22 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 434 $16.80 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 - $0.00 400006723 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN S 44' LT 3 & S 44' LT 4 BLK 79 8,690 $336.30 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 - $0.00 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 - $0.00 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 - $0.00 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 17,600 $681.12 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 17,864 $691.34 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 86,184 $3,335.32 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 - $0.00 400006839 MCDERMOTT/NIELS C & ORIGINAL TOWN C 1/3 LT 8 BLK 80 2,836 $109.75 Grand Island Council Session - 9/14/2021 Page 73 / 360 RESOLUTION 2021-BE-4 - 7 - VIRGINIA A 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 30,263 $1,171.18 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 2,904 $112.38 400006871 VICTORY BIBLE FELLOWSHIP OF THE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 1 BLK 81 34,752 $1,344.90 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 12,760 $493.81 400006901 TRAMPE/RONALD EUGENE ORIGINAL TOWN W 1/3 LT 2 BLK 81 2,420 $93.65 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 2,464 $95.36 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 7,106 $275.00 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 4,860 $188.08 400006952 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 5 BLK 81 5,868 $227.09 400006960 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 6 BLK 81 2,426 $93.89 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 10,540 $407.90 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 7,656 $296.29 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 - $0.00 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 4,742 $183.52 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 - $0.00 400007029 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 4 & PT VAC ALLEY BLK 82 - $0.00 400007037 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LTS 5-6-7-8 & PT VAC ALLEY BLK 82 29,053 $1,124.35 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 33,632 $1,301.56 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 - $0.00 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 - $0.00 400007320 THOMPSON/CHRIS ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60' OF E 24' OF LT 3 BLK 89 17,122 $662.62 400039605 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 1 - $0.00 400039613 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 2 - $0.00 400039621 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 3 - $0.00 400039648 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 4 - $0.00 Grand Island Council Session - 9/14/2021 Page 74 / 360 RESOLUTION 2021-BE-4 - 8 - 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 2,904 $112.38 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 1,452 $56.19 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 939 $36.34 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 1,364 $52.79 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 3,367 $130.30 400143283 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201A 3,616 $139.94 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 787 $30.46 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 567 $21.94 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 730 $28.25 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 734 $28.41 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 910 $35.22 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 582 $22.52 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 654 $25.31 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 631 $24.42 400143380 MEYER/RONNY A & LYNN M THE YANCEY, A CONDOMINIUM UNIT 404 722 $27.94 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 630 $24.38 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 623 $24.11 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 900 $34.83 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 582 $22.52 400143437 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 502 671 $25.97 400143445 QUALITY QTRS. LLC THE YANCEY, A CONDOMINIUM UNIT 503 631 $24.42 400143453 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 504 722 $27.94 400143461 FIELDGROVE/SUSAN LEA THE YANCEY, A CONDOMINIUM UNIT 505 630 $24.38 400143488 BERGHOLZ/MICHAEL J THE YANCEY, A CONDOMINIUM UNIT 506 623 $24.11 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 900 $34.83 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 582 $22.52 Grand Island Council Session - 9/14/2021 Page 75 / 360 RESOLUTION 2021-BE-4 - 9 - 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 671 $25.97 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 631 $24.42 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 722 $27.94 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 630 $24.38 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 623 $24.11 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 900 $34.83 400143585 HINRICHS/DARRELL & MARLENE THE YANCEY, A CONDOMINIUM UNIT 701 582 $22.52 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 671 $25.97 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 631 $24.42 400143615 BURTSCHER/JAN L THE YANCEY, A CONDOMINIUM UNIT 704 722 $27.94 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 630 $24.38 400143631 WAINWRIGHT/TODD AARON THE YANCEY, A CONDOMINIUM UNIT 706 623 $24.11 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 900 $34.83 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 582 $22.52 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 671 $25.97 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 740 $28.64 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 1,062 $41.10 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 803 $31.08 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 1,001 $38.74 400143720 HINRICHS/DARRELL D & MARLENE THE YANCEY, A CONDOMINIUM UNIT 901 582 $22.52 400143739 STEVENS/KARI THE YANCEY, A CONDOMINIUM UNIT 902 671 $25.97 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 740 $28.64 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 1,062 $41.10 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 803 $31.08 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 1,001 $38.74 400143798 TODD/LINDA M THE YANCEY, A CONDOMINIUM UNIT 1001 582 $22.52 Grand Island Council Session - 9/14/2021 Page 76 / 360 RESOLUTION 2021-BE-4 - 10 - 400143801 WEINRICH/WILLIAM THE YANCEY, A CONDOMINIUM UNIT 1002 671 $25.97 400143828 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 1003 740 $28.64 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 1,062 $41.10 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 803 $31.08 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 1,001 $38.74 400143860 MYERS/JON M & CHANDRA L THE YANCEY, A CONDOMINIUM UNIT 1101 582 $22.52 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 671 $25.97 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 740 $28.64 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 1,062 $41.10 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 803 $31.08 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 1,001 $38.74 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 514 $19.89 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 2,068 $80.03 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 450 $17.42 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 227 $8.78 400292971 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201B 437 $16.91 400292998 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201C 1,100 $42.57 400293005 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201D 839 $32.47 400293498 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 15-11-9 TO CITY OF G I, PT NW 1/4, LOCATED S~OF BLKS 44-45-46-47-48 O.T.~ - $0.00 400293501 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITY OF GRAND ISLAND PT NE 1/4 - $0.00 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 416 $16.10 400325705 CALDERON/ELISEO JENSEN SUB LT 2 1,650 $63.86 400328798 MEAD BUILDING CENTERS IMPROVEMENTS ONLY LOCATED ON NO OF BLK 59 O.T. MISC TRACTS 16- 11-9 LANDOWNER: U NION PACIFIC RAILROAD 25,439 $984.49 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 16,254 $629.03 Grand Island Council Session - 9/14/2021 Page 77 / 360 RESOLUTION 2021-BE-4 - 11 - 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 - $0.00 400424177 CITY OF GRAND ISLAND ORIGINAL TOWN S 1/2 LT 1 BLK 57 - $0.00 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3 & 4 BLK 87 33,632 $1,301.56 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 - $0.00 $70,109.38 Upon due and proper application received from the owner of any assessed tract or parcel, a tax credit may be provided in the amount of $10.00 for each private parking space located upon the assessed tract or parcel, which credit shall be applied against the special tax due not to exceed the amount of the special assessment and tax. To qualify for credit, a parking space shall be of sufficient size for parking a passenger car or larger. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 78 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - 205 Roberts Street - Lineage NE Grand Island RE, LLC Council action will take place under Consent Agenda item G-7. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/14/2021 Page 79 / 360 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 14, 2021 Subject:Acquisition of Utility Easement – 205 Roberts Street – Lineage NE Grand Island RE, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Lineage NE Grand Island RE, LLC, located through a part of the East Half of the Southwest Quarter (E ½, SW ¼) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska (205 Roberts Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Lineage has requested a new three-phase electrical service to accompany electrical upgrades at their existing warehouse located at 205 Roberts Street. Approximately 75 linear feet of 4” PVC conduit with 4/0 cable and a 750 kVA pad-mount transformer will be installed to accommodate the new service. The proposed easement will allow the Utilities Department to install, access, operate, and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 9/14/2021 Page 80 / 360 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 9/14/2021 Page 81 / 360 Grand IslandCouncil Session - 9/14/2021Page 82 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item E-2 Public Hearing on Acquisition of Public Sanitary Sewer Easement in Bosselman Crossing Subdivision- 3436 S Locust Street (Bosselman Pump & Pantry, Inc.) Council action will take place under Consent Agenda item G-20. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 83 / 360 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 14, 2021 Subject:Public Hearing on Acquisition of Public Easement in Bosselman Crossing Subdivision- 3436 S Locust Street (Bosselman Pump & Pantry, Inc.) Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public easements were dedicated with the original plat of Bosselman Crossing Subdivision, before site design was complete. The initial location of the sanitary sewer easement was estimated and needs to be relocated, therefore City Council is being asked at tonight’s meeting to vacate the initial easement and acquire a new one in the appropriate location. A sketch is attached to show the easement area. Discussion To allow for proper location of the sanitary sewer easement in Bosselman Crossing Subdivision it is requested that the initially dedicated sanitary sewer easement be vacated with acquisition of the appropriate location by the City of Grand Island, according to the attached sketch. There will be no cost of such action to the City. 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 - 9/14/2021 Page 84 / 360 Recommendation City Administration recommends that the Council approve the acquisition of the sanitary sewer easement. Sample Motion Motion to approve the resolution. Grand Island Council Session - 9/14/2021 Page 85 / 360 Grand Island Council Session - 9/14/2021 Page 86 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item E-3 Public Hearing on Request from Central District Health Department for a Conditional Use Permit to allow for a Temporary Building located at 1137 South Locust Street Council action will take place under Requests and Referrals item H-1. Staff Contact: Craig Lewis Grand Island Council Session - 9/14/2021 Page 87 / 360 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:September 14, 2021 Subject:Request of Central District Health Department. for Approval of a Conditional Use Permit to Allow for a Temporary Building at 1137 South Locust Street Presenter(s):Craig Lewis, Building Department Director Background This request is for approval of a conditional use permit to allow for a temporary building to be placed at 1137 South Locust Street to facilitate COVID Testing and vaccination. The property is currently zoned B-2 General Business, that zoning classification does not allow for the placement of temporary buildings without the approval of the City Council in the form of a Conditional Use permit. Approvals may be granted from the City Council as zoning regulations do not provide for temporary buildings unless approved by the City Council. Section 36-89 of the City Code provides for temporary buildings and uses not to exceed two years in undeveloped areas and six months in developed areas of the City. I believe the intent of Section 36-89 is to allow for temporary buildings and uses for a time certain to allow permanent facilities to be constructed, or studied to determine feasibility, or simply to allow a temporary use as the Health Department has requested. Discussion This request is for approval to place Rapid on Demand Portable Medical Platforms to facilitate COVID testing and vaccination for a two year period. The proposal is to locate an All Season Drive thru pod, consisting of three pod with a total footprint of 20’x 35’ on the existing site of the Health Department. If approved, compliance with additional building regulations will still be needed to secure the pods to the parking lot and provide adequate electrical power. Grand Island Council Session - 9/14/2021 Page 88 / 360 The site location is such that it would not appear that this request will have any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for the Conditional Use Permit finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2.Disapprove or Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3.Approve the request with additional or revised conditions and a finding of fact. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue. Recommendation Approve the request for a two year period, as a temporary use, finding that the request does promote health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit including the staff recommendations, finding that the application conforms with the purpose of the zoning regulations. Grand Island Council Session - 9/14/2021 Page 89 / 360 Grand Island Council Session - 9/14/2021 Page 90 / 360 Grand Island Council Session - 9/14/2021 Page 91 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item E-4 Public Hearing on Annexation of Property Located at 1118 N. North Road (Lot 1 of Hanover 2nd Subdivision) Council action will take place under Ordinances item F-7. Staff Contact: Chad Nabity Grand Island Council Session - 9/14/2021 Page 92 / 360 Council Agenda Memo From:Regional Planning Commission Meeting:September 14, 2021 Subject:Annexation of Property at 1118 N. North Road (Lot 1 of Hanover 2nd Subdivision) Presenter(s):Chad Nabity, AICP Background The property at 1118 N. North Road consists of 1 single family home on 0.62 acres of property surrounded by the City of Grand Island on 3 sides - the north, south and west. There is a house to the south, Fire Station 4 to the north and a new subdivision to the west. The property is connected to city water and has city sewer available. The city of Grand Island maintains North Road to the east of the property. Annexation of this property will facilitate the development of new and efficient election precincts and the planning department has received a request from the Hall County Election Commissioner to bring this item to the City Council for consideration. At the August 10, 2021 meeting of the Grand Island City Council a resolution was passed indicating intent to annex property at 1118 N. North Road. The resolution also set the public hearing for annexation for September 14, 2021 and directed the planning department and other city staff as follows: to proceed with preparing annexation plans (as required and defined by statute), to notify property owners and school districts as required by law, and to forward the annexation plans to the Regional Planning Commission for review The annexation plan is complete and was considered by the Regional Planning Commission after a public hearing at their meeting held September 1, 2021. This plan is available on the Grand Island City Website and from either the City Clerk or Regional Planning Department. A map of the property and the annexation plan is attached. Grand Island Council Session - 9/14/2021 Page 93 / 360 Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. Council approved Resolution #2021-200 on August 10, 2021 stating their intent to annex this property. An annexation plan has been prepared by staff and referred to the Regional Planning Commission for recommendation. From the September 1, 2021 Planning Commission Meeting: Public Hearing – Annexation of 1118 N. North Road – Grand Island – Public Hearing regarding the annexation plan for property located at 1118 N. North Road O’Neill opened the public hearing: Nabity stated the property is a single house located south of the fire station. Nabity explained that the property was not included when the subdivision to the south was done or when redevelopment of house to the south. All the property around this property was annexed. This property is the only piece that is not considered city limits. It is adjacent to the fire station. If there is a fire at the house Grand Island Fire Department will respond. City sewer will be available in the near future and the house is connected to city water. This annexation was requested by Hall County Election Commissioner to protect the integrity and confidentiality of ballots and simplify drawing election precinct boundaries. No comment was made by the property owner. O’Neill closed the public hearing: A motion was made by Rainforth and second by Allan to approve the annexation of property located at 1118 N. North Road and it is also urban and suburban in nature and contiguous with city limits and city infrastructure is in place. The motion was carried with seven members voting yes (Nelson, Allan, O’Neill, Ruge, Rainforth, Hendrickesen and Randone) with no members voting no. The next step is for Council to hold a public hearing and consider approval of the ordinance to annex the property. Annexation ordinances must be read on three separate occasions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Ordinance on First Reading 2.Choose not to approve the Ordinance. 3.Modify the ordinance to change the areas under consideration for annexation. 4.Postpone the issue Grand Island Council Session - 9/14/2021 Page 94 / 360 Recommendation That Council pass the ordinance for annexation as presented. Sample Motion Move to approve the annexation ordinance on first reading as presented. . Grand Island Council Session - 9/14/2021 Page 95 / 360 Grand Island Council Session - 9/14/2021 Page 96 / 360 ANNEXATION PLAN LOT 1 HANOVER SECOND SUBDIVISION AUGUST 2021 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1.Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2.Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3.Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4.Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5.Ensure ability to impose and consistently enforce planning processes and policies. 6.Address housing standards and code compliance to positively impact quality of life for residents. 7.Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8.Anticipate and allocate resources for infrastructure improvements. 9.Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 10.Provide long term visioning abilities as it relates to growth and provision of services. Grand Island Council Session - 9/14/2021 Page 97 / 360 City Services Available and to be provided A comprehensive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: Existing infrastructure in affected area(s) Summary of expenditures to extend existing infrastructure Summary of operating expenditures associated with increased services Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services may take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area if they are not already available. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. City Services not requiring extension of infrastructure would be available immediately upon annexation. Services requiring extension of infrastructure would be available upon installation of services to City of Grand Island standards and acceptance into the City systems and or payment of tap fees or assessments. Extension of services not immediately available may be contingent on the successful creation and continuation of an assessment district to raise the necessary funding for installation. Grand Island Council Session - 9/14/2021 Page 98 / 360 Lot 1 of Hanover Second Subdivision and all adjoining right of way or easement for road purposes. Grand Island Council Session - 9/14/2021 Page 99 / 360 This property is the located in the northwest part of the community. It is south of 13th Street on the west side of North Road. The City of Grand Island provides electric and water services to this property area. A sanitary sewer connection is available to this property as part of a recent sewer assessment district. This is one residential lot with a one single family dwelling on 0.613 acres of property with additional right of way and easement for road purposes. INVENTORY OF SERVICES 1.Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: Normal patrols and responses Handling of complaints and incident reports Investigation of crimes Standard speed and traffic enforcement Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis. The Police Department has an authorized police force of 85 officers. The Police Department is staffed at a rate of 1.63 officers per one thousand population persons. Immediate annexation of the area will not have any impact on police services. 2.Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: Fire suppression and rescue Hazardous materials incident response Periodic inspections of commercial properties Public safety education These services are provided, on a city-wide basis, by 70 employees operating from four fire stations and City Hall Administration. Fire station 4 is locate immediately north of this property. 3.Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. Emergency medical and ambulance services Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Firefighting personnel are emergency medical technicians and 35 are certified paramedics. Grand Island Council Session - 9/14/2021 Page 100 / 360 4.Wastewater (Sanitary Sewer). The City of Grand Island has sanitary sewer services in the area through existing sewer lines. A sanitary sewer connection for this property was installed as part of a sanitary sewer assessment district 544 and is located at the southwest corner of the property. The owners may connect to this service at any time. Final assessments will be determined upon final completion of district 544. 5.Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: Snow and ice removal Emergency pavement repair Preventative street maintenance Asphalt resurfacing Ditch and drainage maintenance Sign and signal maintenance Asphalt resurfacing North Road is already maintained by the City at this location as the portions of the road immediately north and south this approximate 180 foot gap in jurisdiction are already being maintained by the City. 6.Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: Electric utility services Street lights 7.Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. No additional mains are necessary to serve this property. This property hooked up to the Grand Island municipal water system for domestic water purposes. 8.Maintenance of Parks, Playgrounds, and Swimming Pools No impact is anticipated as a result of annexation. There are not recreational facilities located in this area. Grand Island Council Session - 9/14/2021 Page 101 / 360 9.Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: Commercial Building Plan Review Residential Building Plan Review Building Permit Inspections and Issuance Investigation of complaints relative to Minimum Housing Standards Regulation of Manufactured Home Parks Investigation of Illegal Business Complaints Investigation and Enforcement of Zoning Violations 10.Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: Enforcement Proceedings for Liquor and Food Establishment Violations Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11.Library Services. The residents of this property currently have access to library services through an interlocal agreement with Hall County and Grand Island. Upon annexation services will be available as they are to all Grand Island residents. 12.Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available with a connection in place Roads and Streets No Impact Electric Service Already in GI Service Area and connected Water Service Connected Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Would be Subject to GI Regulations Library No Impact Other No Impact School District Northwest School District Grand Island Council Session - 9/14/2021 Page 102 / 360 Financial Impacts of the Lot 1 Hanover Second Subdivision Annexation Financial Impact Before Annex After Annex 2021 Property Valuation $165,873 $165,873 City sales tax now applicable No Yes Assume $165,873 Value 2020 Tax Rates Tax Entity Bond 2020 Levy 2020 Taxes 2020 Levy 2020 Taxes City Levy 0.00 $0.00 0.344455 $571.36 City Bond 0.00 $0.00 0.00 $0.00 CRA 0.00 $0.00 0.020548 $34.08 Hall County 0.390554 $647.82 0.390554 $647.82 Rural Fire 0.031063 $51.53 0.00 $0.00 Fire Bond*0.00 $0.00 0.00 $0.00 GIPS School $0.00 1.08 $1791.43 4th Bond $0.00 0.08094 $134.26 5th Bond $0.00 0.096867 $160.68 NW School 0.776284 $1287.65 0.00 $0.00 ESU 10 0.015 $24.88 0.015 $24.88 CCC 0.092 $152.60 0.092 $152.60 CPNRD 0.022982 $38.12 0.022982 $38.12 Ag Society 0.002755 $4.57 0.002755 $4.57 Airport 0.009315 $15.45 0.009315 $15.45 Airport Bond 0.021184 $35.14 0.0211840 $35.14 Total Combined 1.36113700 $2257.76 2.1766 $3610.39 Hall County, ESU, Community College, NRD and other levies will not change. Total property tax levy 1.361137/$2257.76 2.176600/$3610.39 This property is already connected to city water and when connected to city sewer will pay a sewer generate revenue for those enterprise funds based on the rate structure and usage. *previously approved bonds will remain with property until paid off Grand Island Council Session - 9/14/2021 Page 103 / 360 Location of Sewer and Water Lines near 1118 N. North Road Grand Island Council Session - 9/14/2021 Page 104 / 360 Generalized Existing Land Use August 2021 Grand Island Council Session - 9/14/2021 Page 105 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-1 #9844 - Consideration of Approving FY2021-2022 Annual Single City Budget and the Annual Appropriations Bill Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 106 / 360 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:September 14, 2021 Subject:Consideration of Approving FY2021-2022 Annual Single City Budget and Annual Appropriations Bill Presenter(s):Patrick Brown, Finance Director Background The public hearing for the FY2021-2022 Annual Single was held on September 7, 2021 at 7:00pm at City Hall Council Chambers. Discussion The “Notice of Budget Hearing and Budget Summary” was published in the Grand Island Independent on September 3, 2021. It is appropriate at this time to solicit public comment. The following is a comparison of the fiscal year 2022 proposed budget to the FY2021 amended budget: The FY2022 budget appropriation is 7% or $17,956,562 lower than the FY2021 amended budget. The difference is mainly due to the weather event that occurred in February of 2021. The City requested the same tax ask for Property Tax which in turn decreased the mill levy from 0.34445 to 0.32359. Community Redevelopment Authority kept the same mill levy resulting in a $45k tax ask increase. The total mill levy will decrease from 0.3650 to 0.3441. Total Sales Tax revenue is forecasted at $21,810,636 for FY2022. It is a 22.5% increase over FY2021 budget. The increase was due to the uncertainty of the pandemic and how it would affect sales tax during the 2021 fiscal year. Sales Tax receipts came in much higher than anticipated which in turn increases our forecast for FY2022. Currently with one month of Sales Tax revenues still due, we are at 118% of FY2021 budget. The General Fund is adding two full time equivalents (FTE’s) staff members. They are a Grants Administrator and an Interpreter/Translator. The Grants Administrator will be located in the Finance Department and will be funded by Grand Island Council Session - 9/14/2021 Page 107 / 360 administrative fees associated with grants. The Interpreter/Translator will be located at the Customer Service (Utility Billing) location at 1306 W 3rd. This position will be funded by the Enterprise Funds. The General Fund Fire/Ambulance Department applied for a grant to hire three firefighter/EMT/Paramedics. The status of the grant is still pending however budget authority is being established in case the City is awarded the grant. The grant would pay for three firefighters for three years at 100% reimbursement. The Streets Division will be adding an Equipment Operator position (one FTE). The Transfer Station is adding a 0.25 FTE for help on Saturdays. Transfer increases in the FY2022 budget include moving the $4.5m to Wastewater for the Airport Sewer Project (American Rescue Plan funds), loaning $2.7m to Solid Waste Fund to finance the Transfer Station upgrade, and a $217k increase to other budgeted entities. General Fund Personnel Services for FY2022 increased 7% due to step increases, COLA, and the addition of five FTE’s (of which three are for budget authority only). Operating expenses increased 5.7% for the General Fund over FY2021 budget. Overall the FY2021-2022 budget is $6,588,247 less than the amended FY2020- 2021 budget resulting in a 2.5% decrease. The proposed FY2021-2022 budget is $260,185,039 and the FY2020-2021 amended budget is $266,773,286. Grand Island Council Session - 9/14/2021 Page 108 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney ORDINANCE NO. 9844 An ordinance known as “The Annual Appropriation Bill” of the City of Grand Island, Nebraska, to adopt the proposed budget statement pursuant to the Nebraska Budget Act, for the fiscal year commencing October 1, 2021 and ending September 30, 2022 to provide for severability; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That after complying with all procedures required by law, the budget presented and set forth in the budget statement was approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2021 through September 30, 2022. All sums of money, total all funds of $260,185,039, contained in the budget statement are appropriated for the necessary expenses and liabilities of the City of Grand Island. SECTION 2. A copy of the budget statement shall be forwarded as provided by law to the Auditor of Public Accounts, State of Nebraska and to the County Clerk of Hall County, Nebraska, for use by the levying authority. SECTION 3. If any section, subsection or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 9/14/2021 Page 109 / 360 ORDINANCE NO. 9844 (Cont.) - 2 - SECTION 5. 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: September 14, 2021 ________________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 110 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-2 #9845 - Consideration of Approving Assessments for Railside Business Improvement District This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 111 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney ORDINANCE NO. 9845 An ordinance to assess and levy a special tax to pay the 2021-2022 revenue cost of Railside Business Improvement District of the City Of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2021-2022 revenue year cost of Railside Business Improvement District of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2021-2022 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/14/2021 Page 112 / 360 ORDINANCE NO. 9845 (cont.) - 2 - PARCEL OWNER LEGAL Assessment Amount 149 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 - 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE - 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 - 400004127 CASA DE ORACION, ONC ORIGINAL TOWN S 31.9' E 2/3 OF LT 1 BLK 54 - 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 18.93 400004143 WING EMPIRE INC ORIGINAL TOWN LT 2 BLK 54 902.79 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 - 400004186 WAYNE/JOHN W & TERESA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 488.25 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5 BLK 54 161.29 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 100.31 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 194.01 400004224 PINNACLE BANK ORIGINAL TOWN W 22' S 1/2 LT 6 BLK 54 156.10 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 640.17 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 251.36 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 377.83 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 761.01 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 1,167.14 Grand Island Council Session - 9/14/2021 Page 113 / 360 ORDINANCE NO. 9845 (cont.) - 3 - 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 326.16 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 102.23 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 - 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK 55 - 400004364 HOETFELKER/RUSSELL L ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 521.38 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 42.11 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 147.87 400004399 ERIVES ENTERPRISES LLC ORIGINAL TOWN S 44.5' LT 5 BLK 55 431.81 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 755.39 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 307.00 400004437 NEPPL/KAREN ORIGINAL TOWN W 1/3 LT 7 BLK 55 281.69 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 884.72 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 252.75 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 243.53 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 570.99 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 144.33 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 12.55 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 11.60 Grand Island Council Session - 9/14/2021 Page 114 / 360 ORDINANCE NO. 9845 (cont.) - 4 - 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 9.58 400004569 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LT 4 & W 1/2 LT 3 BLK 56 - 400004577 MAYHEW/CARL & SUSAN A ORIGINAL TOWN W 1/3 LT 5 BLK 56 324.47 400004585 TRINTOWN LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 439.15 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 571.59 400004615 JOHNSON/DUANE A & DEE ANN ORIGINAL TOWN LT 7 BLK 56 613.73 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 3,790.58 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 LT 1 & ALL LTS 2-3 & 4 BLK 57 - 400004658 J & B RENTALS LLC ZILLER SUB LT 1 650.94 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 - 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 2,300.84 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 4,461.42 400004690 PREMIER SERVICE PROPERTY MANAGEMENT, LLC ORIGINAL TOWN LTS 1 & 2 BLK 58 295.37 400004704 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 95.52 400004712 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 1,446.97 400004720 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 101.61 400004739 STELK/MARK D JENSEN SUB LT 1 171.23 400004747 CALDERON/ELISEO ORIGINAL TOWN W 1/3 LT 7 BLK 58 232.55 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 280.22 Grand Island Council Session - 9/14/2021 Page 115 / 360 ORDINANCE NO. 9845 (cont.) - 5 - 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 87.92 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 144.17 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 349.13 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 394.02 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 320.71 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 15.55 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 - 400004860 MEAD BUILDING CENTERS ORIGINAL TOWN N 33' LT 4 BLK 59 171.34 400004879 SPIRIT IN THE SKY LLC ORIGINAL TOWN LT 5 BLK 59 1,043.85 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 223.97 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 192.97 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 96.01 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 214.22 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 755.63 400004933 CKP LLC ORIGINAL TOWN LTS 1 & 2 BLK 60 667.35 400004941 CKP LLC ORIGINAL TOWN LT 3 BLK 60 141.78 400004968 BUSINESS PROPERTIES ORIGINAL TOWN LT 4 BLK 60 369.63 400004984 LB AUDIO LLC ORIGINAL TOWN LTS 5 & 6 BLK 60 739.84 400004992 GRAND DENTAL HOLDINGS LLC ORIGINAL TOWN LTS 7 & 8 BLK 60 1,364.41 400005018 ABJAL LLC ORIGINAL TOWN LTS 1 & 2 BLK 61 1,060.44 400005026 ABJAL LLC ORIGINAL TOWN LTS 3 & 4 BLK 61 912.01 Grand Island Council Session - 9/14/2021 Page 116 / 360 ORDINANCE NO. 9845 (cont.) - 6 - 400005034 JIA PROPERTIES, LLC ORIGINAL TOWN LT 5 BLK 61 733.57 400005042 HANSEN PROPERTIES LLC ORIGINAL TOWN LTS 6-7 & 8 BLK 61 777.00 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 221.32 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 782.31 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 457.80 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S 66' LT 3 BLK 62 555.51 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT 4 BLK 62 192.54 400005107 MIDWEST PREMIER INVESTMENTS, LLC ORIGINAL TOWN S 1/2 W 50' LT 5 BLK 62 88.46 400005115 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN N 1/2 W 50' LT 5 BLK 62 832.21 400005123 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 16' LT 5 & W 1/2 LT 6 BLK 62 51.51 400005131 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 1/2 LT 6 & W 1/2 LT 7 BLK 62 397.63 400005158 GRAND ISLAND AREA HABITAT FOR HUMANITY INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 7 & ALL LT 8 BLK 62 - 400005166 HUENEFELD/DANIEL C & LINDA K CITY CENTRE CONDOMINIUMS UNIT 1 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 1,096.21 400005168 GRAND ISLAND ENTREPRENEURIAL VENTURE LLC CITY CENTRE CONDOMINIUMS UNIT 2 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 157.11 400005170 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 3 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 317.88 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 368.52 400005174 LL FORGY PROPERTIES, LLC CITY CENTRE CONDOMINIUMS UNIT 5 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK 63) 943.21 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 - Grand Island Council Session - 9/14/2021 Page 117 / 360 ORDINANCE NO. 9845 (cont.) - 7 - 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 252.47 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 - 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 - 400005220 HACK/MONTE C & SHERI S ORIGINAL TOWN S 88' LT 8 BLK 63 397.91 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 971.42 400005247 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 1 BLK 64 451.68 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 232.54 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 333.29 400005271 AVILA/LOURDES ORIGINAL TOWN E 44' LT 2 BLK 64 258.37 400005298 VANWINKLE LIMITED LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 181.29 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 270.82 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 323.80 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 1,197.16 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 - 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 - 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 219.03 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 187.40 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 1,238.49 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 (PARKING LOT) - 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9/14/2021 Page 119 / 360 ORDINANCE NO. 9845 (cont.) - 9 - 1,009.43 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 417.63 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 380.23 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 238.72 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 304.84 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 473.13 400005689 TOWER 217, LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 3,238.34 400005697 PEACEFUL ROOT LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 828.32 400005700 PEACEFUL ROOT LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 937.18 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 288.67 400005721 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 100 (1ST FLOOR)~ 382.93 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~ 1,107.77 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR) 1,203.42 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR) 1,233.11 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT) 139.69 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA) 583.04 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 - 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9/14/2021 Page 121 / 360 ORDINANCE NO. 9845 (cont.) - 11 - 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 272.56 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 255.53 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 170.41 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 - 400006839 MCDERMOTT/NIELS C & VIRGINIA A ORIGINAL TOWN C 1/3 LT 8 BLK 80 381.61 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 - 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 337.02 400006871 VICTORY BIBLE FELLOWSHIP OF THE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 1 BLK 81 - 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 - 400006901 TRAMPE/RONALD EUGENE ORIGINAL TOWN W 1/3 LT 2 BLK 81 203.76 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 178.23 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 280.23 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 712.34 400006952 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 5 BLK 81 521.73 400006960 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 6 BLK 81 189.76 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 1,189.18 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 251.78 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 71.09 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 381.76 Grand Island Council Session - 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400007215 SAINT MARY'S CHURCH ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 86 - 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 606.32 400007258 LEETCH/GAIL W ORIGINAL TOWN N 60' LT 5 BLK 87 203.86 400007266 JBH ENTERPRISES LLC ORIGINAL TOWN PT LT 6 BLK 87 326.37 400007274 NORTHWESTERN PUBLIC SERVICE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 25' N 4.5' W 51.26' LT 6 BLK 87 0.74 Grand Island Council Session - 9/14/2021 Page 123 / 360 ORDINANCE NO. 9845 (cont.) - 13 - 400007282 CENTENO-DIAZ/RAMON ORIGINAL TOWN LT 7 BLK 87 360.29 400007290 CENTENO-DIAZ/RAMON ORIGINAL TOWN LT 8 BLK 87 503.90 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 - 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 - 400007320 THOMPSON/CHRIS ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60' OF E 24' OF LT 3 BLK 89 465.28 400007339 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LTS 1-2 & 3 & FR LT 7 BLK 91 - 400007347 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 & PT VAC ST BLK 91 - 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9/14/2021 Page 127 / 360 ORDINANCE NO. 9845 (cont.) - 17 - GRAND ISLAND LT 2 - 400113678 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 3 - 400113686 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND N 52 1/3' OF W 150' LT 4 - 400113694 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 5 - 400113708 COUNTY OF HALL WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND W 86' OF E 165' OF 4 & W 86' OF E 165' OF N 48.5' LT 5 - 400113716 COUNTY OF HALL WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND W PT OF N 48.5' X 150' LT 5 & 26.17' X 150' OF W PT LT 4 - 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 170.84 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 235.19 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 160.89 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 231.99 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 561.36 400143283 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201A 525.04 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 152.24 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 131.57 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 147.74 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 147.91 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 164.29 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 130.96 Grand Island Council Session - 9/14/2021 Page 128 / 360 ORDINANCE NO. 9845 (cont.) - 18 - 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 139.30 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 136.49 400143380 MEYER/RONNY A & LYNN M THE YANCEY, A CONDOMINIUM UNIT 404 147.45 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 136.93 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 136.59 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 204.92 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 131.47 400143437 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 502 141.92 400143445 QUALITY QTRS. LLC THE YANCEY, A CONDOMINIUM UNIT 503 136.54 400143453 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 504 147.50 400143461 FIELDGROVE/SUSAN LEA THE YANCEY, A CONDOMINIUM UNIT 505 136.98 400143488 BERGHOLZ/MICHAEL J THE YANCEY, A CONDOMINIUM UNIT 506 95.66 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 163.69 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 131.57 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 142.04 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 95.64 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 147.60 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 137.05 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 102.88 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 205.24 Grand Island Council Session - 9/14/2021 Page 129 / 360 ORDINANCE NO. 9845 (cont.) - 19 - 400143585 HINRICHS/DARRELL & MARLENE THE YANCEY, A CONDOMINIUM UNIT 701 131.62 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 142.14 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 171.42 400143615 BURTSCHER/JAN L THE YANCEY, A CONDOMINIUM UNIT 704 147.70 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 137.15 400143631 WAINWRIGHT/TODD AARON THE YANCEY, A CONDOMINIUM UNIT 706 171.54 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 177.78 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 131.69 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 142.21 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 149.60 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 221.99 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 154.56 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 172.75 400143720 HINRICHS/DARRELL D & MARLENE THE YANCEY, A CONDOMINIUM UNIT 901 142.85 400143739 STEVENS/KARI THE YANCEY, A CONDOMINIUM UNIT 902 99.58 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 104.76 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 177.45 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 154.61 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 172.82 400143798 TODD/LINDA M THE YANCEY, A CONDOMINIUM UNIT 1001 100.03 Grand Island Council Session - 9/14/2021 Page 130 / 360 ORDINANCE NO. 9845 (cont.) - 20 - 400143801 WEINRICH/WILLIAM THE YANCEY, A CONDOMINIUM UNIT 1002 154.28 400143828 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 1003 149.70 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 124.26 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 154.66 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 172.89 400143860 MYERS/JON M & CHANDRA L THE YANCEY, A CONDOMINIUM UNIT 1101 131.86 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 154.35 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 104.86 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 154.01 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 154.78 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 173.01 400144247 HOME FEDERAL SAVINGS & LOAN ASSN HANN'S FOURTH ADD LT 3 1,777.17 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 18.99 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 105.94 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 70.50 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 38.74 400292971 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201B 58.43 400292998 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201C 147.09 400293005 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201D 111.00 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 390.21 Grand Island Council Session - 9/14/2021 Page 131 / 360 ORDINANCE NO. 9845 (cont.) - 21 - 400325705 CALDERON/ELISEO JENSEN SUB LT 2 135.42 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 - 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 - 400424177 CITY OF GRAND ISLAND ORIGINAL TOWN S 1/2 LT 1 BLK 57 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3 & 4 BLK 87 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 - 124,237.94 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Railside Business Improvement District”. SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. Grand Island Council Session - 9/14/2021 Page 132 / 360 ORDINANCE NO. 9845 (cont.) - 22 - SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 14, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 133 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-3 #9846 - Consideration of Approving Assessments for Fonner Park Business Improvement District This item relates to the aforementioned Board of Equalization item D-2. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 134 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney ORDINANCE NO. 9846 An ordinance to assess and levy a special tax to pay the 2021-2022 revenue year cost of Fonner Park Business Improvement District of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2021-2022 revenue year cost of Fonner Park Business Improvement District of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2021-2022 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/14/2021 Page 135 / 360 ORDINANCE NO. -9846- (Cont.) - 2 - OWNER LEGAL NAME ASSESSMENT WESTERBY/MICHAEL J & MANDY JANISCH SUB PT LT 1 1,259.53 DSVK NC, LLC BROWNELL SUB XC .0051 AC TO ROW LT 1 XC E 10' 695.67 WILTGEN CORP II KIRKPATRICK SUB LT 5 740.75 WILTGEN CORP II KIRKPATRICK SUB LT 6 729.65 DA-LY PROPERTIES LLC LABELINDO SECOND SUB PT LT 1 XC 18.3 FT TO CITY 2,935.56 ZANA/JAMES SCOTT R & R SUB PT LT 1 1,477.58 CASEY'S RETAIL CO PLEASANT HOME SUB XC CITY E 1/2 OF S 1/2 BLK 9 1,474.02 LOCUST STREET LLC PLEASANT HOME SUB XC CITY BLK 16 2,115.44 OBERG/DANNY K ROEPKE SUB PT LT 2 & PT LT 1 1,620.55 OBERG/DANNY K ROEPKE SECOND SUB PT LT 1 477.74 EDWARDS BUILDING CORP FONNER SUB LT 1 XC CITY 1,421.76 BOSSELMAN REAL ESTATE LLC FONNER FOURTH SUB LT 1 5,109.01 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 5 2,098.55 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 6 4,201.63 THE RAYMOND J O'CONNOR REV TRUST FONNER THIRD SUB PT LT 1 & PT LT 3 3,568.21 WILLIAMS HOSPITALITY LLC FONNER THIRD SUB REPLATTED PT LT 3 1,474.87 LOCUST STREET LLC MISCELLANEOUS TRACTS 21-11-9 PT SE 1/4 SE 1/4 .20 AC TO CITY .817 AC 2,787.79 REILLY/MICHAEL J & CAREY M JNW SUB LT 1 1,571.43 EDWARDS BUILDING CORP JNW SECOND SUB LT 1 1,741.24 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 2 1,135.04 BRADDY/CINDY MISCELLANEOUS TRACTS XC TO CITY 21-11-9 PT SE 1/4 SE 1/4 .78 AC 1,412.72 Grand Island Council Session - 9/14/2021 Page 136 / 360 ORDINANCE NO. -9846- (Cont.) - 3 - AREC 7, LLC MISCELLANEOUS TRACTS 21-11-9 XC CITY PT SE 1/4 SE 1/4 1.17 AC 2,136.10 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 1 1,309.30 GOODWILL INDUST OF GREATER NEBR GOODWILL SIXTH SUB LT 2 1,907.52 HALL COUNTY LIVESTOCK IMPROVEMENT ASSN MISCELLANEOUS TRACTS 22-11-9 TO THE CITY OF GRAND ISLAND PT SW 1/4 SW 1/4 & PT NW 1/4 SW 1/4 XC .15 A CITY & 1.03 AC FONNER RD XC .05 AC CITY XC .98 AC CITY 23.97 AC 3,344.79 SANCHEZ/FILEMON R & R SUB PT LT 2 1,463.21 BOSSELMAN REAL ESTATE, LLC FONNER FOURTH SUB TO CITY ROW PT LT 2 1,575.09 51,784.73 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Fonner Park Business Improvement District”. SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 9/14/2021 Page 137 / 360 ORDINANCE NO. -9846- (Cont.) - 4 - Enacted: September 14, 2021. ______________________________________ Roger J. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 138 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-4 #9847 - Consideration of Approving Assessments for South Locust Business Improvement District This item relates to the aforementioned Board of Equalization item D-3. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 139 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney ORDINANCE NO. 9847 An ordinance to assess and levy a special tax to pay the 2021-2022 revenue year cost of South Locust Business Improvement District of the City Of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2021-2022 revenue year cost of South Locust Business Improvement District of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2021-2022 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/14/2021 Page 140 / 360 ORDINANCE NO. 9847 (Cont.) - 2 - OWNER LEGAL ASSESSMENT AMOUNT MMY HOSPITALITY LLC BURCH SUB W 273' LT 1 XC CITY 1,435.85 CASEY'S RETAIL COMPANY BURCH SUB W 125' LT 2-3-4 XC CITY 1,845.31 FUGATE/J LARRY BURCH SUB LT 5 XC CITY 1,228.31 WILLIAMS/MICHAEL S & SANDRA S BURCH SECOND SUB LT 1 XC CITY 1,438.49 THE EATING ESTABLISHMENT RUNZA SUB LT 1 XC CITY 1,577.39 KDIVER, LLC HOLCOMB'S HIGHWAY HOMES E 100' LT 12 XC CITY & E 100' LT 13 XC CITY 2,049.99 WILLIS/RONALD J & LORI D HOLCOMB'S HIGHWAY HOMES LT 14 XC CITY 1,123.06 ROYELLE INC HOLCOMB'S HIGHWAY HOMES LT 15 XC CITY 1,143.19 ROYELLE INC BARTZ SUB LT 1 1,117.23 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 3 1,591.79 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 52' LT 19 & N 1' LT 20 543.24 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 108' LT 20 XC CITY 1,106.98 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES N 60' LT 22 XC CITY 614.99 HOLIDAY PLAZA LLC HOLCOMB'S HIGHWAY HOMES LT 21 XC CITY 1,117.23 DA-LY PROPERTIES LLC HOLCOMB'S HIGHWAY HOMES N 12' LT 24 XC CITY & S 98' LT 23 XC CITY 1,127.48 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES S 49' LT 22 & N 11' LT 23 XC CITY 614.99 LLAMAS JR/MOISES HOLCOMB'S HIGHWAY HOMES ADDITION S 97' LT 24 XC CITY & N 38' LT 26~ XC CITY & ALL 25 XC CITY~ 2,500.95 ALLSTATE BK REAL ESTATE HOLDINGS, LTD HOLCOMB'S HIGHWAY HOMES N 79' LT 27 XC CITY & S 71' LT 26 XC CITY 1,537.47 SOUTH POINT DEVELOPMENT, LLC MATTHEWS SUB PT LT 25 XC CITY 2,778.74 Grand Island Council Session - 9/14/2021 Page 141 / 360 ORDINANCE NO. 9847 (Cont.) - 3 - KAY ENTERPRISES GRAND ISLAND LLC GARRISON SUB LT 1 XC CITY 2,348.06 CITY OF GRAND ISLAND MIL-NIC SECOND SUB TO THE CITY OF GRAND ISLAND LT 1 1,222.33 CALM NIGHTS LLC MIL-NIC SECOND SUB LT 2 2,803.67 PAULSEN AND SONS INC ROUSH'S PLEASANTVILLE TERRACE SUB LTS 1 & 28 XC CITY & ALL LTS 2-3-26-27 2,050.50 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 2 1,257.81 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 1 200' X 400' XC CITY 2,095.94 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 2 200' X 400' XC CITY 2,050.40 VISIONCOMM VENDING, INC WOODLAND FIRST SUB LT 3 XC CITY 2,050.63 OBERG/DANNY K WOODLAND FIRST SUB LT 4 XC CITY 2,040.15 BOURKE/JEFFREY T & KARI K WOODLAND FIRST SUB LT 5 XC CITY 2,050.63 RASMUSSEN JR/RICHARD S WOODLAND FIRST SUB N 50' OF E 260' LT 6 XC CITY 510.99 PAM'S RENTALS LLC WOODLAND FIRST SUB S 126' OF E 260' LT 6 XC CITY 1,298.12 ALPHA CORP WOODLAND FIRST SUB E 260' LT 8 XC CITY 2,104.11 SOUTHEAST CROSSINGS LLC WOODLAND SECOND SUB LT 11 XC CITY 5,594.63 BOSSELMAN INC WOODLAND SECOND SUB LT 8 1,534.08 CARPENTER REAL ESTATE INC WOODLAND SECOND SUB LT 9 1,537.48 LAUB-OTTO, LLC WOODLAND SECOND SUB LT 10 1,623.16 RASMUSSEN JR/RICHARD S WOODLAND THIRD SUB LT 1 XC N 25' OF E 260' XC CITY 767.97 DJ & DK PROPERTIES LLC WOODLAND THIRD SUB N 25' OF E 260' LT 1 XC CITY & LT 2 XC CITY 1,280.47 ALLEN/TAMARA J & JOHN L WOODRIDGE SOUTH SUB LT 1 XC CITY 2,602.30 DEGEN LOCUST LLC WOODRIDGE SOUTH SUB LT 2 XC CITY Grand Island Council Session - 9/14/2021 Page 142 / 360 ORDINANCE NO. 9847 (Cont.) - 4 - 1,138.37 SOUTH POINTE DEVELOPMENT LLC SOUTH POINTE SUB LT 1 2,536.88 SARASWATI LLC MISCELLANEOUS TRACTS 27-11-9 PT N 1/2 SW 1/4 SW 1/4 3.03 A 5,138.64 PLATTE VALLEY STATE BANK &EQUESTRIAN MEADOWS SUB LT 1 1,828.00 ROBB/THEODORE J MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 XC CITY 5.08 AC 3,446.14 THE GRAND ISLAND EXTENDED STAY, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 PT LT 4 ISLAND XC CITY 4.85 AC 3,298.16 LLAMAS/MOISES & OLIVIA KNOX SUB LOT 1 XC CITY 1,437.07 ALL FAITHS PROPERTIES, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 NW 1/4 SW 1/4 2.34 AC 2,479.66 PHARMACY PROPERTIES LLC EQUESTRIAN MEADOWS SUB LT 2 1,486.15 WILLIS/RONALD J & LORI D MISCELLANEOUS TRACTS 28-11-9 PT NE 1/4 NE 1/4 XC CITY .445 AC 1,025.01 ROBB/MASON D KNOX THIRD SUB LT 2 XC CITY 1,215.16 ROBB/TED KNOX THIRD SUB LT 3 XC CITY 789.95 COMMUNITY REDEVELOPMENT AUTHORITY OF GI NE TALON APARTMENTS SECOND SUB LOT 13 3,973.70 O'REILLY AUTO ENTERPRISES, LLC RUNZA SUB LT 2 XC CITY 1,595.27 ROBB/MASON D KNOX THIRD SUB LT 1 XC CITY 1,676.03 FAULKNER/MARK A & SUZANNE G EQUESTRIAN MEADOWS SUB LT 3 1,886.30 HERITAGE HOSPITALITY INC VANOSDALL SUB LT 1 874.66 VANOSDALL/DELVIN WAYNE VANOSDALL SUB LT 2 721.37 101,862.61 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within Grand Island Council Session - 9/14/2021 Page 143 / 360 ORDINANCE NO. 9847 (Cont.) - 5 - fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “South Locust Business Improvement District”. SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 14, 2021. _______________________________________ Roger J. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 144 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-5 #9848 - Consideration of Approving Assessments for Vehicle Off- Street Parking District #3 This item relates to the aforementioned Board of Equalization item D-4. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 145 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney ORDINANCE NO. 9848 An ordinance to assess and levy a special tax to pay 2020-2021 operation and maintenance costs of Vehicle Offstreet Parking District No. 3 of the City Of Grand Island, Nebraska; to provide for credit against said assessment and levy for private parking spaces provided; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2020-2021 revenue year cost of Vehicle Offstreet Parking District No. 3 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Vehicle Offstreet Parking District, after due notice having been given thereof as provided by law; and a special tax for such 2020-2021 revenue year is hereby levied at one time upon such lots, tracts and lands in the City of Grand Island, Hall County, Nebraska, as follows: * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/14/2021 Page 146 / 360 ORDINANCE NO. 9848 (Cont.) - 2 - PARCEL CURRENT_OW LEGAL SQFT 2021 Charge 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE 83,295 $3,223.52 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 13,149 $508.87 400004127 CASA DE ORACION, ONC ORIGINAL TOWN S 31.9' E 2/3 OF LT 1 BLK 54 1,280 $49.54 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 - $0.00 400004143 WING EMPIRE INC ORIGINAL TOWN LT 2 BLK 54 18,620 $720.59 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 - $0.00 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 - $0.00 400004186 WAYNE/JOHN W & TERESA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 21,914 $848.07 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5 BLK 54 3,924 $151.86 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 1,856 $71.83 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 5,544 $214.55 400004224 PINNACLE BANK ORIGINAL TOWN W 22' S 1/2 LT 6 BLK 54 4,356 $168.58 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 8,712 $337.15 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 8,228 $318.42 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 7,304 $282.66 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 23,929 $926.05 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 12,184 $471.52 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 5,280 $204.34 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 1,320 $51.08 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 - $0.00 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK 55 - $0.00 400004364 HOETFELKER/RUSSELL L ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 18,975 $734.33 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 - $0.00 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 3,720 $143.96 400004399 ERIVES ENTERPRISES LLC ORIGINAL TOWN S 44.5' LT 5 BLK 55 8,530 $330.11 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 15,576 $602.79 400004429 ARCHIE/JENNIFER L & ORIGINAL TOWN E 1/3 LT 6 BLK 55 7,568 $292.88 Grand Island Council Session - 9/14/2021 Page 147 / 360 ORDINANCE NO. 9848 (Cont.) - 3 - FLOYD D 400004437 NEPPL/KAREN ORIGINAL TOWN W 1/3 LT 7 BLK 55 5,874 $227.32 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 18,836 $728.95 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 9,504 $367.80 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 9,504 $367.80 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 11,744 $454.49 400004518 UNION PACIFIC RAILROAD ORIGINAL TOWN N OF BLKS 55 & 56 134.5' X 550' UP RR ROW 35,460 $1,372.30 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 - $0.00 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 - $0.00 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 - $0.00 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 - $0.00 400004569 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LT 4 & W 1/2 LT 3 BLK 56 - $0.00 400004577 MAYHEW/CARL & SUSAN A ORIGINAL TOWN W 1/3 LT 5 BLK 56 7,964 $308.21 400004585 TRINTOWN LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 16,632 $643.66 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 17,424 $674.31 400004615 JOHNSON/DUANE A & DEE ANN ORIGINAL TOWN LT 7 BLK 56 24,948 $965.49 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 41,938 $1,623.00 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 LT 1 & ALL LTS 2- 3 & 4 BLK 57 - $0.00 400004658 J & B RENTALS LLC ZILLER SUB LT 1 17,424 $674.31 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 10,968 $424.46 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 26,136 $1,011.46 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 21,232 $821.68 400004690 PREMIER SERVICE PROPERTY MANAGEMENT, LLC ORIGINAL TOWN LTS 1 & 2 BLK 58 698 $27.01 400004704 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 - $0.00 400004712 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 17,608 $681.43 400004720 FIRSTIER BANK NATIONAL ASSOC ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 - $0.00 400004739 STELK/MARK D JENSEN SUB LT 1 2,024 $78.33 400004747 CALDERON/ELISEO ORIGINAL TOWN W 1/3 LT 7 BLK 58 2,634 $101.94 Grand Island Council Session - 9/14/2021 Page 148 / 360 ORDINANCE NO. 9848 (Cont.) - 4 - 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 2,376 $91.95 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 1,892 $73.22 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 2,024 $78.33 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 4,245 $164.28 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 4,240 $164.09 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 13,464 $521.06 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 - $0.00 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 7,992 $309.29 400004860 MEAD BUILDING CENTERS ORIGINAL TOWN N 33' LT 4 BLK 59 6,996 $270.75 400004879 SPIRIT IN THE SKY LLC ORIGINAL TOWN LT 5 BLK 59 8,712 $337.15 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 3,251 $125.81 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 2,998 $116.02 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 2,100 $81.27 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 4,972 $192.42 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 17,787 $688.36 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 2,904 $112.38 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 5,808 $224.77 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 8,712 $337.15 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S 66' LT 3 BLK 62 7,524 $291.18 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT 4 BLK 62 1,585 $61.34 400005166 HUENEFELD/DANIEL C & LINDA K ORIGINAL TOWN LTS 1 & 2 BLK 63 30,956 $1,198.00 400005174 LL FORGY PROPERTIES, LLC ORIGINAL TOWN E 2/3 LT 3 BLK 63 17,424 $674.31 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 11,616 $449.54 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 11,616 $449.54 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 15,561 $602.21 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 - $0.00 400005220 HACK/MONTE C & SHERI S ORIGINAL TOWN S 88' LT 8 BLK 63 1,668 $64.55 Grand Island Council Session - 9/14/2021 Page 149 / 360 ORDINANCE NO. 9848 (Cont.) - 5 - 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 8,712 $337.15 400005247 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 1 BLK 64 8,657 $335.03 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 7,243 $280.30 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 6,496 $251.40 400005271 AVILA/LOURDES ORIGINAL TOWN E 44' LT 2 BLK 64 11,000 $425.70 400005298 VANWINKLE LIMITED LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 4,375 $169.31 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 8,448 $326.94 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 16,896 $653.88 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 26,136 $1,011.46 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 - $0.00 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 - $0.00 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 4,158 $160.91 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 4,136 $160.06 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 8,712 $337.15 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 - $0.00 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 33,840 $1,309.61 400005417 NIELSEN/THOMAS L & LOIS E ORIGINAL TOWN E 1/3 LT 2 BLK 65 8,712 $337.15 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 8,316 $321.83 400005433 ARCHWAY PARTNERSHIP ORIGINAL TOWN W 1/3 LT 2 BLK 65 6,666 $257.97 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 4,884 $189.01 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 7,304 $282.66 400005476 SPOTANSKI/MARK & TERESA ORIGINAL TOWN W 1/3 LT 3 BLK 65 7,920 $306.50 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 7,920 $306.50 400005492 SHADA CONSTRUCTION, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 16,494 $638.32 400005506 J & B RENTALS LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 8,536 $330.34 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 4,356 $168.58 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 8,148 $315.33 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 5,128 $198.45 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 14,048 $543.66 Grand Island Council Session - 9/14/2021 Page 150 / 360 ORDINANCE NO. 9848 (Cont.) - 6 - 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 9,900 $383.13 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N 55' LT 8 BLK 65 - $0.00 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E 1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 5,430 $210.14 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT 8 BLK 65 4,620 $178.79 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK 65 6,720 $260.06 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 52,272 $2,022.93 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 12,358 $478.25 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 8,712 $337.15 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 5,094 $197.14 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 5,148 $199.23 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 4,620 $178.79 400005689 TOWER 217, LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 27,104 $1,048.92 400005697 PEACEFUL ROOT LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 27,407 $1,060.65 400005700 PEACEFUL ROOT LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 21,780 $842.89 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 7,832 $303.10 400005721 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 100 (1ST FLOOR)~ 3,139 $121.48 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~ 3,260 $126.16 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR) 7,049 $272.80 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR) 7,223 $279.53 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT) 8,406 $325.31 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA) 3,753 $145.24 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 - $0.00 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 8,945 $346.17 400005751 S&V INVESTMENTS, LLC ORIGINAL TOWN TO THE CITY OF - $0.00 Grand Island Council Session - 9/14/2021 Page 151 / 360 ORDINANCE NO. 9848 (Cont.) - 7 - GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 400005786 S & V INVESTMENTS LLC SV SUB LT 1 10,560 $408.67 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY 49,773 $1,926.22 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 434 $16.80 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 - $0.00 400006723 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN S 44' LT 3 & S 44' LT 4 BLK 79 8,690 $336.30 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 - $0.00 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 - $0.00 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 - $0.00 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 17,600 $681.12 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 17,864 $691.34 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 86,184 $3,335.32 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 - $0.00 400006839 MCDERMOTT/NIELS C & VIRGINIA A ORIGINAL TOWN C 1/3 LT 8 BLK 80 2,836 $109.75 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 30,263 $1,171.18 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 2,904 $112.38 400006871 VICTORY BIBLE FELLOWSHIP OF THE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 1 BLK 81 34,752 $1,344.90 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 12,760 $493.81 400006901 TRAMPE/RONALD EUGENE ORIGINAL TOWN W 1/3 LT 2 BLK 81 2,420 $93.65 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 2,464 $95.36 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 7,106 $275.00 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 4,860 $188.08 400006952 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 5 BLK 81 5,868 $227.09 400006960 MEHRING & SHADA PROPERTIES LLC ORIGINAL TOWN LT 6 BLK 81 2,426 $93.89 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 10,540 $407.90 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 7,656 $296.29 Grand Island Council Session - 9/14/2021 Page 152 / 360 ORDINANCE NO. 9848 (Cont.) - 8 - 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 - $0.00 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 4,742 $183.52 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 - $0.00 400007029 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 4 & PT VAC ALLEY BLK 82 - $0.00 400007037 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LTS 5-6-7-8 & PT VAC ALLEY BLK 82 29,053 $1,124.35 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 33,632 $1,301.56 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 - $0.00 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 - $0.00 400007320 THOMPSON/CHRIS ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60' OF E 24' OF LT 3 BLK 89 17,122 $662.62 400039605 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 1 - $0.00 400039613 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 2 - $0.00 400039621 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 3 - $0.00 400039648 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 4 - $0.00 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 2,904 $112.38 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 1,452 $56.19 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 939 $36.34 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 1,364 $52.79 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 3,367 $130.30 400143283 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201A 3,616 $139.94 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 787 $30.46 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 567 $21.94 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 730 $28.25 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 734 $28.41 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 910 $35.22 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 582 $22.52 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 654 $25.31 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 631 $24.42 Grand Island Council Session - 9/14/2021 Page 153 / 360 ORDINANCE NO. 9848 (Cont.) - 9 - 400143380 MEYER/RONNY A & LYNN M THE YANCEY, A CONDOMINIUM UNIT 404 722 $27.94 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 630 $24.38 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 623 $24.11 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 900 $34.83 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 582 $22.52 400143437 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 502 671 $25.97 400143445 QUALITY QTRS. LLC THE YANCEY, A CONDOMINIUM UNIT 503 631 $24.42 400143453 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 504 722 $27.94 400143461 FIELDGROVE/SUSAN LEA THE YANCEY, A CONDOMINIUM UNIT 505 630 $24.38 400143488 BERGHOLZ/MICHAEL J THE YANCEY, A CONDOMINIUM UNIT 506 623 $24.11 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 900 $34.83 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 582 $22.52 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 671 $25.97 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 631 $24.42 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 722 $27.94 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 630 $24.38 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 623 $24.11 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 900 $34.83 400143585 HINRICHS/DARRELL & MARLENE THE YANCEY, A CONDOMINIUM UNIT 701 582 $22.52 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 671 $25.97 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 631 $24.42 400143615 BURTSCHER/JAN L THE YANCEY, A CONDOMINIUM UNIT 704 722 $27.94 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 630 $24.38 400143631 WAINWRIGHT/TODD AARON THE YANCEY, A CONDOMINIUM UNIT 706 623 $24.11 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 900 $34.83 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 582 $22.52 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 671 $25.97 Grand Island Council Session - 9/14/2021 Page 154 / 360 ORDINANCE NO. 9848 (Cont.) - 10 - 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 740 $28.64 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 1,062 $41.10 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 803 $31.08 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 1,001 $38.74 400143720 HINRICHS/DARRELL D & MARLENE THE YANCEY, A CONDOMINIUM UNIT 901 582 $22.52 400143739 STEVENS/KARI THE YANCEY, A CONDOMINIUM UNIT 902 671 $25.97 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 740 $28.64 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 1,062 $41.10 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 803 $31.08 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 1,001 $38.74 400143798 TODD/LINDA M THE YANCEY, A CONDOMINIUM UNIT 1001 582 $22.52 400143801 WEINRICH/WILLIAM THE YANCEY, A CONDOMINIUM UNIT 1002 671 $25.97 400143828 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 1003 740 $28.64 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 1,062 $41.10 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 803 $31.08 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 1,001 $38.74 400143860 MYERS/JON M & CHANDRA L THE YANCEY, A CONDOMINIUM UNIT 1101 582 $22.52 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 671 $25.97 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 740 $28.64 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 1,062 $41.10 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 803 $31.08 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 1,001 $38.74 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 514 $19.89 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 2,068 $80.03 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 450 $17.42 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 227 $8.78 400292971 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201B 437 $16.91 Grand Island Council Session - 9/14/2021 Page 155 / 360 ORDINANCE NO. 9848 (Cont.) - 11 - 400292998 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201C 1,100 $42.57 400293005 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 201D 839 $32.47 400293498 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 15-11-9 TO CITY OF G I, PT NW 1/4, LOCATED S~OF BLKS 44-45-46-47-48 O.T.~ - $0.00 400293501 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITY OF GRAND ISLAND PT NE 1/4 - $0.00 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 416 $16.10 400325705 CALDERON/ELISEO JENSEN SUB LT 2 1,650 $63.86 400328798 MEAD BUILDING CENTERS IMPROVEMENTS ONLY LOCATED ON NO OF BLK 59 O.T. MISC TRACTS 16- 11-9 LANDOWNER: U NION PACIFIC RAILROAD 25,439 $984.49 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 16,254 $629.03 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 - $0.00 400424177 CITY OF GRAND ISLAND ORIGINAL TOWN S 1/2 LT 1 BLK 57 - $0.00 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3 & 4 BLK 87 33,632 $1,301.56 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 - $0.00 $70,109.38 SECTION 2. The special tax shall become delinquent fifty (50) days from the date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall accrue thereon. SECTION 4. Upon due and proper application received from the owner of any assessed tract or parcel, a tax credit may be provided in the amount of $10.00 for each private parking space located upon the assessed tract or parcel, which credit shall be applied against the special tax due not to exceed the amount of the special assessment and tax. To qualify for credit, Grand Island Council Session - 9/14/2021 Page 156 / 360 ORDINANCE NO. 9848 (Cont.) - 12 - a parking space shall be of sufficient size for parking a passenger car. Application for the credit shall be made upon a form provided by the City’s Finance Department and shall be received prior to the date of the special assessment delinquency. SECTION 4. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth, less applicable credits, as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the “Vehicle Offstreet Parking District No. 3”. SECTION 6. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 14, 2021 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 157 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-6 #9849 - Consideration of Vacation of Public Sanitary Sewer Easement in Bosselman Crossing Subdivision; 3436 S Locust Street (Bosselman Pump & Pantry, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 158 / 360 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 14, 2021 Subject:Consideration of Vacation of Public Sanitary Sewer Easement in Bosselman Crossing Subdivision; 3436 S Locust Street (Bosselman Pump & Pantry, Inc.) Presenter(s):John Collins PE, Public Works Director Background A public sanitary sewer easement within Bosselman Crossing Subdivision was filed with Hall County Register of Deeds on August 9, 2021 as Document No. 202106775. Discussion Public easements were dedicated with the original plat of Bosselman Crossing Subdivision, before site design was complete. The initial location of the sanitary sewer easement was estimated and needs to be relocated, therefore City Council is being asked at tonight’s meeting to vacate the initial easement and acquire a new one in the appropriate location. A sketch is attached to show the easement area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass an ordinance vacating the public sanitary sewer easement in Bosselman Crossing Subdivision; 3436 S Locust Street (Bosselman Pump & Pantry, Inc.). Sample Motion Move to pass an ordinance vacating the easement. Grand Island Council Session - 9/14/2021 Page 159 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. An ordinance to vacate an existing public sanitary sewer easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That existing public sanitary sewer easement located in Bosselman Crossing Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: VACATE A 20 FT SANITARY EASEMENT LOCATED IN PART OF LOTS 1 AND 2, BOSSELMAN CROSSING SUBDIVISON IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SOUTHWEST CORNER OF LOT 1, BOSSELMAN CROSSING SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N89o57’59”E, ALONG THE SOUTH LINE OF SAID LOT 1 AND ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF LAKE STREET; A DISTANCE OF 20.00 FEET SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N00o12’32”W A DISTANCE OF 166.53 FEET; THENCE N01o05’52”W A DISTANCE OF 207.60 FEET; THENCE N89o57’59”E A DISTANCE OF 20.00 FEET; THENCE S01o05’52”E A DISTANCE OF 207.39 FEET; THENCE S00o12’32”E A DISTANCE OF 166.75 FEET TO A POINT ON SAID SOUTH LINE OF LOT 1 AND SAID NORTH RIGHT-OF-WAY LINE OF LAKE STREET; THENCE S89o57’59”W, ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 Grand Island Council Session - 9/14/2021 Page 160 / 360 ORDINANCE NO. ______ (Cont.) - 2 - FEET TO THE POINT OF BEGINNING. SAID SANITARY EASEMENT VACATE CONTAINS 7482.76 SQUARE FEET OR 0.172 ACRES MORE OR LESS. is hereby vacated. Such easement to be vacated is shown and more particularly described on Easement Vacate Exhibit 1 attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 14, 2021 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 161 / 360 Grand Island Council Session - 9/14/2021 Page 162 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item F-7 #9850 - Consideration of Annexation of Property Located at 1118 N. North Road (Lot 1 of Hanover 2nd Subdivision) (First Reading) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 9/14/2021 Page 163 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney ORDINANCE NO. 9850 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west North Road and south of 13th Street along with all adjoining public Right-of-Way in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, the Grand Island City Council passed Resolution #2021-200 on August 10, 2021 stating their intent to annex said property and setting September 14, 2021 as the date for a public hearing on said annexation; and WHEREAS, Resolution #2021-200 was published in The Grand Island Independent on August 30, 2021; and WHEREAS, The City has prepared a plan for annexation in accordance with N.R.S.S §16-117; and * This Space Reserved For Register of Deeds * Grand Island Council Session - 9/14/2021 Page 164 / 360 ORDINANCE NO. 9850 (Cont.) - 2 - WHEREAS, after public hearing on September 1, 2021, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Lot 1 of Hanover Second Subdivision and all adjacent and contiguous rights-of-way; and WHEREAS, after public hearing on September 14, 2021, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 14, 2021 the City Council of the City of Grand Island considered such annexation and approved such annexation on first reading and on September 28, 2021 approved such annexation on second reading and on October 12, 2021 approved such annexation on third and final reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. Grand Island Council Session - 9/14/2021 Page 165 / 360 ORDINANCE NO. 9850 (Cont.) - 3 - (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. Grand Island Council Session - 9/14/2021 Page 166 / 360 ORDINANCE NO. 9850 (Cont.) - 4 - SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 14, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 167 / 360 ORDINANCE NO. 9850 (Cont.) - 5 - Grand Island Council Session - 9/14/2021 Page 168 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-1 Approving Minutes of August 24, 2021 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/14/2021 Page 169 / 360 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 24, 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 August 24, 2021. Notice of the meeting was given in The Grand Island Independent on August 18, 2021. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Michelle Fitzke, Mark Stelk, Jason Conley, Vaughn Minton, Bethany Guzinski, Maggie Mendoza, Mitch Nickerson, and Chuck Haase. Councilmember Justin Scott was absent. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John Collins. INVOCATION was given by Pastor Steven Peeler, Messiah Lutheran Church, 708 North Locust Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS: Community Redevelopment Authority (CRA) Budget Presentation. Regional Planning Director Chad Nabity presented the 2021-2022 Community Redevelopment Authority (CRA) budget. The CRA was requesting property tax revenues of $745,146 including $196,818 for Lincoln Pool Construction and Bonds and $548,328 for all other CRA programs. The CRA was requesting that the levy remain the same increasing the tax ask by $45,138. It was anticipated that there would be more interest in the façade program for the upcoming year based on applications received at this time. Railside BID also submitted a project list detail upwards of $335,000 of potential requests for funding from the CRA. At this point it was based on the certified valuation for 2021 the levy would be 0.020546 per $100 valuation. Amos Anson, 4234 Arizona Avenue spoke in support. PUBLIC HEARINGS: Public Hearing on Proposed Blighted and Substandard Area 33 for approximately 210 Acres located West of Prairieview Street North of Husker Highway (Innate Development, LLC). Regional Planning Director Chad Nabity that Innate Development LLC had commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 33. This study was approximately 210 acres of property located west of Prairieview Street and north of Husker Highway in western Grand Island. Staff recommended approval. Keith Marvin, David City, Nebraska; Scott Rief, 160 Ponderosa Court; and Ron Depue, 308 North Locust Street spoke in support. No further public testimony was heard. Grand Island Council Session - 9/14/2021 Page 170 / 360 Page 2, City Council Regular Meeting, August 24, 2021 Public Hearing on Amending the FY 2020-2021 Budget Relative to Enterprise Fund. Finance Director Patrick Brown reported that City Finance and Administration was requesting the consideration of a budget amendment for approval. The increase was for $36,720,253. The reasons for amendment include the following: February 2021 weather event caused our Electric Department higher than normal power purchasing requirements; the employee cafeteria plan had more pass through money than was planned and the special assessment fund had expenses from an unplanned foreclosure process. Staff recommended approval. No public testimony was heard. Public Hearing on City General Property and CRA Tax Requests. Finance Director Patrick Brown reported that the 2021 Valuations for the City of Grand Island increased over the 2020 valuation by $219,672,163 or 6.45%. If the City applied the FY2020-2021 mill levy of 0.3650 to the new valuation of $3,626,392,825, the City’s Property Tax revenue would be $13,236,452, a tax increase of $801,811 over the prior year. If the City applied the FY2020-2021 Property Tax Ask to the new valuation there would be no tax increase and the mill levy would decrease to 0.3236 for the City. The Community Redevelopment Authority (CRA) was requesting the mill levy be the same as last year and was requesting $745,146 in Property Tax. Staff recommended that Council approve decreasing the mill levy to 0.3441 in order to request $11,734,634 (same as last year) of Property Tax for City general and increasing the Property Tax for CRA to $745,146 for FY2022 for a total request of $12,479,780. Staff recommended approval. No public testimony was heard. Public Hearing on FY 2021-2022 Annual Budget for Parking District #2 (Ramp). Finance Director Patrick Brown reported that the 2021 Valuations for the Downtown Improvement District #2 (Ramp) increased over the 2020 valuation by $6,545,870 or 12.9%. The Downtown Improvement District #2 (Ramp) was not requesting an increase in Property Tax thereby reducing the mill levy from 0.01590 to 0.01409. The Downtown Improvement District #2 (Ramp) Property Tax revenue request was $8,080. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9840 - Consideration of Changes to Chapter 15 of the Grand Island City Code relative to Electricity #9841 - Consideration of Changes to Chapter 22 of the Grand Island City Code Relative to Parking and Storing RV’s in Residential Areas #9842 - Consideration of Approving Salary Ordinance #9843 - Consideration of Approving Amending the FY 2020-2021 Budget Relative to Enterprise Fund be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Grand Island Council Session - 9/14/2021 Page 171 / 360 Page 3, City Council Regular Meeting, August 24, 2021 Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9840 - Consideration of Changes to Chapter 15 of the Grand Island City Code relative to Electricity Utilities Director Tim Luchsinger reported that revisions to Section 15-6, Service Entrances, remove specific equipment types and simply refer to the Utilities Department standards and specifications which were regularly updated to reflect current electric system requirements. Section 15-49, Interconnected Devices, had been revised using wording found in the enabling state statutes for better clarity. Staff recommended approval. Motion by Haase, second by Paulick to approve Ordinance #9840. City Clerk: Ordinance #9840 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 #9840 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 #9840 is declared to be lawfully adopted upon publication as required by law. #9841 - Consideration of Changes to Chapter 22 of the Grand Island City Code Relative to Parking and Storing RV’s in Residential Areas City Administrator Jerry Janulewicz reported that under the proposed ordinance, the City’s maximum RV height, width, and length dimensions for RV parking and storage within residential districts would correspond with the maximum limits specified by Nebraska’s rules of the road. Staff recommended approval. Motion by Haase, second by Nickerson to approve Ordinance #9841. Mr. Janulewicz answered questions concerning length of parking and stated this Ordinance did not change the current requirements except the length of trailers from seven feet to eight fee six inches. Darin Erbes, 2210 Nashville Street spoke in support. Discussion was held concerning loading campers and street obstruction. Motion by Stelk, second by Haase to refer this item to the September 14, 2021 City Council meeting. Upon roll call vote, Councilmembers Conley, Stelk, and Haase voted aye. Councilmembers Nickerson, Mendoza, Guzinski, Minton, Fitzke, and Paulick voted no. Motion failed. Grand Island Council Session - 9/14/2021 Page 172 / 360 Page 4, City Council Regular Meeting, August 24, 2021 City Clerk: Ordinance #9841 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 #9841 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 #9841 is declared to be lawfully adopted upon publication as required by law. #9842 - Consideration of Approving Salary Ordinance Human Resources Director Aaron Schmid reported that a Salary Ordinance was presented each year as a part of the budget process. The wages represented in this proposed Ordinance were included in the proposed 2021/2022 fiscal year budget. Wages for the IBEW Service Clerical Finance and IBEW Utilities contracts would be presented at a future date. Staff recommended approval. Motion by Paulick, second by Minton to approve Ordinance #9842. City Clerk: Ordinance #9842 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 #9842 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 #9842 is declared to be lawfully adopted upon publication as required by law. #9843 - Consideration of Approving Amending the FY 2020-2021 Budget Relative to Enterprise Fund This item was related to the aforementioned Public Hearing. Motion by Minton, second by Guzinski to approve Ordinance #9843. City Clerk: Ordinance #9843 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 #9843 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. Grand Island Council Session - 9/14/2021 Page 173 / 360 Page 5, City Council Regular Meeting, August 24, 2021 Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9843 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Minton to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 10, 2021 City Council Regular Meeting. Approving Minutes of August 10, 2021 Study Session. Approving Re-Appointments of Deb Trosper, John Schultz, Robin Hendricksen, and Susan Bullington and Appointment of Lisa Thayer to the Zoning Board of Adjustment. #2021-202 - Approving Bid Award - Cooling Tower Repair at Platte Generating Station - Fall 2021 with Cooling Tower Depot, Inc. of Golden, Colorado in an Amount of $239,820.00. #2021-203 - Approving the Purchase of Liquid Ortho-Polyphosphate for Corrosion Control with Shannon Chemical Corporation of Melvern, Pennsylvania in an Annual Amount Estimated at $115,740.00. #2021-204 - Approving Bid Award - Water Main Project 2021-W-1 - Oak and Kimball Streets and Koenig to Division with Van Kirk Bros. Contracting of Sutton, Nebraska in an Amount of $739,839.60. #2021-205 - Approving Amendment to the Transmission Planning Services Agreement with GDS Associates, Inc. of Marietta, Georgia for an Increase not to exceed $127,000.00. #2021-206 - Approving Amendment No. 1 to Engineering Consulting Agreement for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 with Olsson, Inc. of Grand Island, Nebraska for an Increase of $285,000.00 and a Revised Contract Amount of $452,750.00. #2021-207 - Approving Bid Award for Grand Island City Cemetery Road Conversion to Burial Spaces with AMP Works, LLC of Grand Island, Nebraska in an Amount of $56,204.40. #2021-208 - Approving Change Order #1 - JBS Trail Construction - Parks & Recreation Department with Diamond Engineering Co. of Grand Island, Nebraska for a Decrease of $15,952.00 and a Revised Contract Amount of $602,800.16. #2021-209 - Approving Change Order #1 - Pickleball Court Design - Parks & Recreation Department with JEO Consulting Group, Inc. of Wahoo, Nebraska for an Increase of $1,296.25 and a Revised Contract Amount of $27,596.25. Grand Island Council Session - 9/14/2021 Page 174 / 360 Page 6, City Council Regular Meeting, August 24, 2021 RESOLUTIONS: #2021-210 - Consideration of Approving Proposed Blighted and Substandard Area 33 for approximately 210 Acres located West of Prairieview Street North of Husker Highway (Innate Development, LLC). This item was related to the aforementioned Public Hearing. Staff recommended approval. Mr. Nabity answered questions regarding TIF, zoning and water issues. Motion by Haase, second by Nickerson to approve Resolution #2021-210. Upon roll call vote, all voted aye. Motion adopted. #2021-211 - Consideration of Approving Interlocal Agreement with Hall County and the Hall County Airport Authority Regarding Airport Sanitary Sewer Project. City Administrator Jerry Janulewicz reported that although the airport was located within the municipal boundaries of the City of Grand Island, the existing airport sewer system remained property of Hall County and was under the jurisdiction and control of the Hall County Airport Authority. The system of sewer mains and lift stations were at a point of theoretical failure. The Hall County Airport would pay $500,000 of the project expenses, the City and County would equally share in the projects expenses less the amount paid by the Airport Authority. Staff recommended approval. Mike Olson with the Central Nebraska Regional Airport, 3579 Sky Park Road spoke in support. Public Works Director John Collins stated the bid package was ready to go out for bids and the project would start as soon as possible. Motion by Paulick, second by Guzinski to approve Resolution #2021-211. Upon roll call vote, all voted aye. Motion adopted. #2021-212 - Consideration of Approving FY 2021-2022 Annual Budget for Railside Business Improvement District and Setting Date for Board of Equalization. Finance Director Patrick Brown reported that the City had received the 2021-2022 budget that provided for a total special assessment of $127,184.00 within the Railside Business Improvement District. It was recommended that the Board of Equalization on the proposed assessments be set for September 14, 2021. Staff recommended approval. Amos Anson, 4234 Arizona Avenue spoke in support. Motion by Guzinski, second by Nickerson to approve Resolution #2021-212. Upon roll call vote, all voted aye. Motion adopted. #2021-213 - Consideration of Approving FY 2021-2022 Annual Budget for Fonner Park Business Improvement District and Setting Date for Board of Equalization. Finance Director Patrick Brown reported that the City had received the 2021-2022 budget that provided for a total special assessment of $51,965.00 within the Fonner Park Business Improvement District. It was recommended that the Board of Equalization on the proposed assessments be set for September 14, 2021. Staff recommended approval. Grand Island Council Session - 9/14/2021 Page 175 / 360 Page 7, City Council Regular Meeting, August 24, 2021 Motion by Paulick, second by Guzinski to approve Resolution #2021-213. Upon roll call vote, all voted aye. Motion adopted. #2021-214 - Consideration of Approving FY 2021-2022 Annual Budget for South Locust Street Business Improvement District and Setting Date of Board of Equalization. Finance Director Patrick Brown reported that the City had received the 2021-2022 budget that provided for a total special assessment of $100,583.00 within the South Locust Street Business Improvement District. It was recommended that the Board of Equalization on the proposed assessments be set for September 14, 2021. Staff recommended approval. Motion by Guzinski, second by Paulick to approve Resolution #2021-214. Upon roll call vote, all voted aye. Motion adopted. #2021-215 - Consideration of Approving FY 2020-2021 Annual Budget for Parking District #3 and Setting Date of Board of Equalization. Finance Director Patrick Brown reported that the total special assessment of $70,120.00 within the Parking District #3. It was recommended that the Board of Equalization on the proposed assessments be set for September 14, 2021. Staff recommended approval. Motion by Minton, second by Conley to approve Resolution #2021-215. Upon roll call vote, all voted aye. Motion adopted. #2021-216 - Consideration of Approving City General Property and CRA Tax Requests. This item was related to the aforementioned Public Hearing. Staff recommended approval. Discussion was held regarding the CRA tax asking. Chad explained the façade process and the Life Safety projects. Motion by Paulick, second by Stelk to approve Resolution #2021-216. Motion by Haase, second by Paulick to amend the CRA tax asking to $700,008.00 and change the levy to .0193. Upon roll call vote, Councilmembers Haase and Stelk voted aye. Councilmembers Nickerson, Mendoza, Guzinski, Minton, Conley, Fitzke, and Paulick voted no. Motion failed. Upon roll call vote on the main motion, Councilmembers Nickerson, Mendoza, Guzinski, Minton, Conley, Stelk, Fitzke, and Paulick voted aye. Councilmember Haase voted no. Motion adopted. #2021-217 - Consideration of Approving FY 2021-2022 Annual Budget for Parking District #2 (Ramp). This item was related to the aforementioned Public Hearing. Staff recommended approval. Motion by Guzinski, second by Conley to approve Resolution #2021-217. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/14/2021 Page 176 / 360 Page 8, City Council Regular Meeting, August 24, 2021 PAYMENT OF CLAIMS: Motion by Minton, second by Fitzke to approve the payment of claims for the period of August 11, 2021 through August 24, 2021 for a total amount of $5,524,911.63. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:13 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/14/2021 Page 177 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-2 Approving Minutes of September 7, 2021 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/14/2021 Page 178 / 360 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING September 7, 2021 Pursuant to due call and notice thereof, a Special 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 September 7, 2021. Notice of the meeting was given in The Grand Island Independent on September 1, 2021. Mayor Roger G. Steele called the meeting to order at 7:07 p.m. The following City Council members were present: Mike Paulick, Michelle Fitzke, Vaughn Minton, Maggie Mendoza, and Mitch Nickerson. Councilmembers Mark Stelk, Jason Conley, Bethany Guzinski, Justin Scott and Chuck Haase were absent. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John Collins. PLEDGE OF ALLEGIANCE was said. PUBLIC HEARING: Public Hearing on FY 2021-2022 Annual Single City Budget and the Annual Appropriations Bill. Finance Director Patrick Brown reported that the purpose of this meeting was to comply with the requirements of Neb. Rev. Stat. Sec. 13-506 as amended by Laws 2020 LB 148. The action item for this public hearing will be held under Ordinances at the City Council meeting on September 14, 2021. Reviewed was the following comparison of the fiscal year 2021/2022 proposed budget to the FY2021 amended budget: The FY2022 budget appropriation was 7% or $17,956,562 lower than the FY2021 amended budget. The difference was mainly due to the weather event that occurred in February of 2021. The City requested the same tax ask for Property Tax which in turn decreased the mill levy from 0.34445 to 0.32359. Community Redevelopment Authority kept the same mill levy resulting in a $45,000 tax ask increase. The total mill levy would decrease from 0.3650 to 0.3441. Total Sales Tax revenue was forecasted at $21,810,636 for FY2022. It was a 22.5% increase over FY2021 budget. The increase was due to the uncertainty of the pandemic and how it would affect sales tax during the 2021 fiscal year. Sales Tax receipts came in much higher than anticipated which in turn increased the forecast for FY2022. Currently with one month of Sales Tax revenues still due, we were at 118% of FY2021 budget. The General Fund was adding two full time equivalents (FTE’s) staff members. They were a Grants Administrator and an Interpreter/Translator. The Grants Administrator would be located in the Finance Department and would be funded by administrative fees associated with grants. The Interpreter/Translator would be located at the Customer Grand Island Council Session - 9/14/2021 Page 179 / 360 Page 2, City Council Special Meeting, September 7, 2021 Service (Utility Billing) location at 1306 West 3rd Street. This position would be funded by the Enterprise Funds. The General Fund Fire/Ambulance Department applied for a grant to hire three firefighter/EMT/Paramedics. The status of the grant was still pending however budget authority was being established in case the City was awarded the grant. The grant would pay for three firefighters for three years at 100% reimbursement. The Streets Division would be adding an Equipment Operator position (one FTE). The Transfer Station was adding a 0.25 FTE for help on Saturdays. Transfer increases in the FY2022 budget include moving the $4.5 million to Wastewater for the Airport Sewer Project (American Rescue Plan funds), loaning $2.7 million to Solid Waste Fund to finance the Transfer Station upgrade, and a $217,000 increase to other budgeted entities. General Fund Personnel Services for FY2022 increased 7% due to step increases, COLA, and the addition of five FTE’s (of which three were for budget authority only). Operating expenses increased 5.7% for the General Fund over FY2021 budget. No public testimony was heard. ADJOURNMENT: The meeting was adjourned at 7:14 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/14/2021 Page 180 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-3 Approving Re-Appointment of Tom Gdowski to the Community Redevelopment Authority (CRA) Board Mayor Steele has submitted the re-appointment of Tom Gdowski to the Community Redevelopment Authority (CRA) board. This appointment would become effective October 1, 2021 upon approval by the City Council and would expire on September 30, 2026. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/14/2021 Page 181 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-4 Approving Re-Appointments of Darrell Nelson and Tony Randone to the Regional Planning Commission Mayor Steele has submitted the re-appointments of Darrell Nelson and Tony Randone to the Regional Planning Commission. These appointments would become effective November 1, 2021 upon approval by the City Council and would expire on October 31, 2024. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/14/2021 Page 182 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-5 Approving Re-Appointments of David Koubek, Matthew Armstrong, and Mike Kneale to the Citizens Advisory Committee Mayor Steele has submitted the re-appointments of David Koubek, Matthew Armstrong and Mike Kneale to the Citizens Advisory Committee. These appointments would become effective October 1, 2021 upon approval by the City Council and would expire on September 30, 2023. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/14/2021 Page 183 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-6 Approving Requests from Kinsey Bosselman, 2529 West Anna Street for Liquor Manager Designation with Pump and Pantry's #2, #3, #6, #8, #10, #11, #15, #42, #52, and Tommy Gunz Bistro Staff Contact: RaNae Edwards Grand Island Council Session - 9/14/2021 Page 184 / 360 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 14, 2021 Subject:Requests from Kinsey Bosselman, 2529 West Anna Street for Liquor Manager Designation with Pump and Pantry’s #2, #3, #6, #8, #10, #11, #15, #42, #52, and Tommy Gunz Bistro Presenter(s):RaNae Edwards, City Clerk Background Kinsey Bosselman, 2529 West Anna Street has submitted applications with the City Clerk’s Office for Liquor Manager Designations in conjunction with the following Pump and Pantry’s and Tommy Gunz Bistro: 1.#2, 821 S. Webb Road 2.#3, 2511 Diers Avenue 3.#6, 3355 W. Stolley Park Raod 4.#8, 2028 N. Broadwell Avenue 5.#10, 3212 S. Locust Street 6.#11, 704 W. 2nd Street 7.#15, 2028 E. US Highway 30 8.#42, 1235 Allen Drive 9.#52, 3210 Old Potash Highway 10.Tommy Gunz Bistro/Tommy Gunz Liquor Warehouse, 1607 S. Locust Street These applications has been reviewed by the Police Department and City Clerk’s Office. See Police Department report attached. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Ms. Bosselman has completed a state approved alcohol server/seller training program. Staff recommends approval. Grand Island Council Session - 9/14/2021 Page 185 / 360 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Forward the requests with no recommendation. 3.Take no action on the request. Recommendation City Administration recommends that the Council approve the requests for Liquor Manager Designation. Sample Motion Move to approve the requests from Kinsey Bosselman, 2529 West Anna Street for Liquor Manager Designations in conjunction with the following liquor licenses: Class “D- 113939”, “D-104595”, “D-104596”, “D-113928”, “D-104597”, “D-113935”, “D- 104598”, “D-121719”, “D-123611” and “CKG-121718 Liquor Licenses for Pump and Pantry’s and Tommy Gunz Bistro and Tommy Gunz Liquor Warehouse. Grand Island Council Session - 9/14/2021 Page 186 / 360 Grand Island Council Session - 9/14/2021 Page 187 / 360 Grand Island Council Session - 9/14/2021 Page 188 / 360 Grand Island Council Session - 9/14/2021 Page 189 / 360 Grand Island Council Session - 9/14/2021 Page 190 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-7 #2021-218 - Approving Acquisition of Utility Easement - Lineage NE Grand Island RE, LLC - 205 Roberts Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/14/2021 Page 191 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-218 WHEREAS, a public utility easement is required by the City of Grand Island from Lineage NE Grand Island RE, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines; and WHEREAS, a public hearing was held on September 14, 2021, for the purpose of discussing the proposed acquisition of a utility easement located through the East Half of the Southwest Quarter (E ½, SW ¼) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Northeast corner of a tract described in Instrument 201402158 recorded in the Hall County, Nebraska, Register of Deeds Office; thence southerly along the easterly line of said tract described in Instrument 201402158, a distance of four hundred five and six tenths (405.6) feet more or less to a point on the northerly line of an existing sixteen (16.0) foot wide Electric Easement described in Instrument 85-001134 recorded in the Hall County, Nebraska, Register of Deeds Office, said point being the ACTUAL Point of Beginning; thence westerly and perpendicular to the easterly line of said tract described in Instrument 201402158 and running along the northerly line of said existing sixteen (16.0) foot wide Electric Easement as described in Instrument 85- 001134, a distance of fifty-six (56.0) feet to the point of termination. The above-described easement and right-of-way containing a total of 0.026 acres, more or less, as shown on the plat dated 7/29/2021, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Lineage NE Grand Island RE, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. __________________________________ Roger G. Steele, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 192 / 360 Grand IslandCouncil Session - 9/14/2021Page 193 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-8 #2021-219 - Approving Bid Award - Platte Generating Station Boiler Inspection & Repair - Fall Outage, 2021 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/14/2021 Page 194 / 360 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:September 14, 2021 Subject: Boiler Inspection and Repair-Fall Outage 2021 Presenter(s):Timothy G. Luchsinger, Utilities Director Background During the fall outage at Platte Generating Station, the boiler must be inspected and repaired for damages that occur during operation. The fall 2021 outage is currently scheduled for October 5, 2021, through October 21, 2021, during which time inspection and maintenance on the boiler will be performed. This package of work on the boiler includes hydro testing of the boiler with inspection for tube leaks and tube repairs, boiler tube alignment attachment repairs, and the installation of tube shields. Plant engineering staff developed the specifications issued for bids covering this scope of work. Discussion The specification for the Boiler Inspection and Repair - Fall Outage 2021, was advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 26, 2021. Specifications were sent to six potential bidders and responses were received as listed below. The engineer’s estimate for this project was $300,000.00. Bidder Base Bid Locke AMI, LLC Olathe, Kansas $220,387.00 TEI Construction Services Windsor, Colorado $239,101.00 Blue Peaks Industrial, LLC Springfield, Missouri $350,989.00 The bids were reviewed by Utility Engineering staff and exceptions were noted. The exceptions from Locke AMI, LLC were reviewed and found to be acceptable. The bid from Locke AMI, LLC was otherwise found compliant with the specifications and less than the engineer’s estimate. Grand Island Council Session - 9/14/2021 Page 195 / 360 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 Boiler Inspection and Repair - Fall Outage 2021 to Locke AMI, LLC of Olathe, Kansas, as the low responsive bidder, with the bid in the amount of $220,387.00. Sample Motion Motion to approve the bid of $220,387.00 from Locke AMI, LLC for the Boiler Inspection and Repair - Fall Outage 2021 at Platte Generating Station. Grand Island Council Session - 9/14/2021 Page 196 / 360 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 26, 2021 at 2:00 p.m. FOR: Boiler Inspection & Repair – Fall Outage 2021 DEPARTMENT: Utilities ESTIMATE: $300,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: August 11, 2021 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: TEI Construction Services Locke AMI Windsor, CO Olathe, KS Bid Security: Atlantic Specialty Insurance Co. Continental Causality Company Exceptions: None Noted Bid Price: Material: $ 0.00 $ 3,000.00 Labor: $234,963.00 $217,087.00 Sales Tax: $ 4.138.00 $ 300.00 Total Bid: $239,101.00 $220,387.00 Bidder: Blue Peaks Industrial LLC Springfield, MO Bid Security: Old Republic Surety Company Exceptions: Noted Bid Price: Material: $ 26,185.00 Labor: $324,804.00 Sales Tax: $ 0.00 Total Bid: $350,989.00 Grand Island Council Session - 9/14/2021 Page 197 / 360 cc: Tim Luchsinger, Utilities Director Pat Gericke, Admin. Asst. Utilities Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tylor Robinson, Production Engineer Karen Nagel, Utility Secretary P2301 Grand Island Council Session - 9/14/2021 Page 198 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-219 WHEREAS, the City of Grand Island invited sealed bids for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2021, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 26, 2021, bids were received, opened and reviewed; and WHEREAS, Locke AMI, LLC, of Olathe, 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 $220,387.00; and WHEREAS, the bid of Locke AMI, LLC, is less than the estimate for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2021. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Locke AMI, LLC, in the amount of $220,387.00, for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2021, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 199 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-9 #2021-220 - Approving Change Order #2 for Asbestos Abatement at Burdick Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/14/2021 Page 200 / 360 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:September 14, 2021 Subject:Burdick Station Asbestos Abatement Change Order #2 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Burdick Generating Station consists of three steam units, three gas turbines and the city water control system operations. In 2016, steam units #1 and #2 were removed and are no longer a part of the Grand Island Utilities generation. In 2017, steam unit #3 was decommissioned. The large structure that housed the units is expensive to maintain and contains hazardous materials. The engineering firm of Black & Veatch was retained to develop a demolition plan for the existing structure and hazardous materials removal. Black & Veatch and Utilities engineering staff developed a specification for the abatement activities related to the removal of asbestos containing materials (ACM) prior to demolition of the facility. Abatement includes all spaces inside and outside of the administrative and powerhouse buildings, equipment, pipes, and structures of the powerhouse and fuel oil tank farm, oil pump building and gas metering buildings. Council awarded the Burdick Station Asbestos Abatement to McGill Asbestos Abatement on May 11, 2021, in the amount of $842,750.00. Council awarded Change Order #1 on August 10, 2021 for $120,100.00 for additional asbestos containing material discovered during the removal of asbestos on unit #2. Discussion During the removal of asbestos on unit #1, additional asbestos containing material was discovered. The original contract had included unit pricing for additional asbestos containing material that was found during the project. The additional material found on the unit #1 boiler amounted to $238,210.00. The original contracted amount, including Change Order #1 was $962,850.00, for a total adjusted cost of $1,201,060.00. Grand Island Council Session - 9/14/2021 Page 201 / 360 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 approve Burdick Station Asbestos Abatement Change Order #2 in the amount of $238,210.00, for a total contract cost of $1,201,060.00. Sample Motion Motion to approve Change Order #2 in the amount of $238,210.00, to McGill Asbestos Abatement, LLC for the Burdick Station Asbestos Abatement. Grand Island Council Session - 9/14/2021 Page 202 / 360 TO:McGill Asbestos Abatement, LLC 4205 S. 33rd Street Omaha, NE 68107 Greg Johnson, President PROJECT:Burdick Station Asbestos Abatement CHANGE ORDER 2 You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $842,750.00 Previous Change Order Amounts 120,100.00$ The Contract Sum is increased by this Change Order 238,210.00$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 1,201,060.00$ 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:McGill Asbestos Abatement, LLC By: _________________________________Date _________________________ $238,210.00 Platte Generating Station 1035 W. Wildwood Drive Grand Island, NE 68801 308/385-5468 8/16/2021 Grand Island Council Session - 9/14/2021 Page 203 / 360 City of Grand Island Utilities Department General Work Contract - Change Order 520.10710 Burdick Station Asbestos Abatement Comments:During the removal of asbestos on Burdick Unit 2, additional asbestos containing materials was discovered. Contract:$842,750.00 Change Order Request Description Amount 001 Removal of additional 2,034 SF insulation from boiler Unit #1 71,190.00$ 002 Removal asbestos containing cementitious material from boiler Unit #1 167,020.00$ 003 004 005 006 007 008 009 010 011 012 013 014 015 017 018 019 020 021 023 024 028 029 030 Total 238,210.00$ Grand Island Council Session - 9/14/2021 Page 204 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-220 WHEREAS, at the May 11, 2021, Council meeting, McGill Asbestos Abatement was awarded the contract for Asbestos Abatement at the Burdick Generating Station; and WHEREAS, at the August 10, 2021, meeting, Council approved Change Order #1 in the amount of $120,000.00 for Asbestos Abatement at the Burdick Station as additional Asbestos containing material was discovered in Unit #2; and WHEREAS, during the removal of Asbestos on Unit #1, additional Asbestos containing material was discovered; and WHEREAS, the original contract included unit pricing for any additional asbestos containing material that was found during the project; and WHERAS, the additional material found to be removed on the Unit #1 boiler amounted to $238,210.00; and WHEREAS, taxes shown on the original bid in the amount of $8,700.00 were removed as the materials were consumables; and WHEREAS, the original contracted amount was for $842,750.00, and with the $8,700.00 deduction, and the $128,800.00 addition for the removal of asbestos material in Unit #2, and $238,210.00 for asbestos material removed in Unit #1, the total adjusted cost is $1,201,060.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #2 with McGill Asbestos Abatement in the amount of $238,210.00, 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, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 205 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-10 #2021-221 - Approving Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2021-2022 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/14/2021 Page 206 / 360 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 14, 2021 Subject:Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2021 - 2022 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department Boiler and Machinery Property Peril and Fire insurance is specifically designed for Electric Utility and is readily adaptable to the Water Utility, which is also included in the coverage. The standard policy excludes losses due to acts of terrorism unless the optional Terrorism Insurance is accepted. The Utilities Department’s insurance provider, FM Global, provided the attached proposal for renewal of the present coverage. The complete policy is available in the Utilities office for review, along with a Policy Holder Disclosure form for execution by the City, either accepting or rejecting terrorism coverage. The renewal proposal and proposed policy have been reviewed by the Legal Department. Discussion The proposed renewal is based on an insured valuation from $510,519,889.00, with the annual all-risk premium changing from $572,114.00 for the current year to $588,112.00 for the 2021-2022 year, and an annual Terrorism Insurance premium changing from $36,711.00 for the current year to $36,713.00 for the 2021-2022 year. The probability that a relatively remote location in the central part of the nation would be targeted for a terrorist attack may be very unlikely, but the determination of a terrorist attack is not clearly defined, such as an attack similar to the Oklahoma City Federal Building. Regardless of the cause, the loss of a high valued asset as the Platte Generating Station must be protected from risk, and the acceptance of Terrorism Insurance is recommended. Grand Island Council Session - 9/14/2021 Page 207 / 360 Execution of the Notice of Terrorism Insurance Coverage form is required annually and is recommended by the Utilities Department for approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve renewal of the Utilities Department’s Terrorism Insurance with FM Global with execution of the Notice of Terrorism Insurance Coverage form to accept that coverage. Sample Motion Move to approve renewal of the Utilities Department’s Terrorism Insurance with FM Global with execution of the Notice of Terrorism Insurance Coverage form to accept that coverage. Grand Island Council Session - 9/14/2021 Page 208 / 360 Grand Island Council Session - 9/14/2021 Page 209 / 360 Grand Island Council Session - 9/14/2021 Page 210 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-221 WHEREAS, the City’s Utility Department subscribes to insurance for boiler and machinery, property, peril and fire coverage; and WHEREAS, the boiler and machinery, property, peril and fire coverage insurance term expires October 1, 2021; and WHEREAS, the insurance of electric and water utilities facilities is a specialized market with a limited number of potential providers; and WHEREAS, a proposal to renew insurance for the 2021 – 2022 fiscal year was received from the current provider, Factory Mutual Insurance Company of St. Louis, Missouri, for a renewal premium of $588,112.00, and terrorism coverage for $36,713.00; and WHEREAS, the City has opted to accept the optional Terrorism Insurance Coverage; and WHEREAS, the insurance provider requires that the City either except or reject Terrorism Insurance Coverage by executing the form provided. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Factory Mutual Insurance Company of St. Louis, Missouri, with premium in the amount of $588,112.00, and to execute the form to accept Terrorism Insurance Coverage, with a premium in the amount of $36,713.00. The Mayor is hereby authorized to sign the acceptance form for the Terrorism Insurance on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________ Roger G. Steele, Mayor Attest: __________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 211 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-11 #2021-222 - Approving Change Order #1 for Water Main Project 2021-W-3 - Sycamore Street Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/14/2021 Page 212 / 360 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 14, 2021 Subject:Change Order #1 for Water Main Project 2021-W-3 – Sycamore Street Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2021-W-3 installed approximately 470 linear feet of 6” diameter ductile iron water main by trenchless construction within Sycamore Street from 22nd Street to Capital Avenue. The work replaced the existing water main which was subjected to multiple breaks over its lifetime. Discussion The original contract was awarded by City Council on October 13, 2021, in the amount of $96,115.00 to Van Kirk Brothers Contracting of Sutton, Nebraska. During the process of constructing the water main, materials were added or deducted to complete the work. Unit prices were provided in the contract and specified that the contractor be paid on the basis of actual quantity installed, times the contract’s unit price. This total is a deduct of $2,992.90. The original Engineer’s estimate was $135,000.00. The original contract was for $96,115.00. The total changes to the contract are a deduct amount of $2,992.90. This results in a final contract cost of $93,122.10. 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 a future date 4.Take no action on the issue Grand Island Council Session - 9/14/2021 Page 213 / 360 Recommendation City Administration recommends that the Council approve Change Order #1 to Water Main Project 2021-W-3 for a deduct amount of $2,992.90, resulting in a final contract amount of $93,122.10. Sample Motion Move to approve Change Order #1 with Van Kirk Brothers Contracting to Water Main Project 2021-W-3 in the deduct amount of $2,992.90. Grand Island Council Session - 9/14/2021 Page 214 / 360 Grand Island Council Session - 9/14/2021 Page 215 / 360 Grand Island Council Session - 9/14/2021 Page 216 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-222 WHEREAS, Water Main Project 2021-W-3 a 6” diameter ductile iron water main along Sycamore Street from 22nd Street to Capital Avenue; and WHEREAS, the original contract was awarded by Council on October 13, 2020, in the amount of $96,115.00 to Van Kirk Sand & Gravel, Inc., d/b/a Van Kirk Bros. Contracting, of Sutton, Nebraska; and WHEREAS, during the process of constructing the water main, materials were added or deducted to complete the work and unit prices were provided in the Contract and specified that the contractor be paid on the basis of actual quantity installed, times the Contract’s unit price; and WHEREAS, the original contract amount was $96,115.00, and the total changes to the contract amount was a deduct of $2,992.90, resulting in a final contract cost of $93,122.10. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for the construction of Water Main Project 2021-W-3 in the amount of a deduct of $2,992.90, 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, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 217 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-12 #2021-223 - Approving Bid Award for Construction of Veterans Sports Complex Batting Cages - Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 9/14/2021 Page 218 / 360 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 14, 2021 Subject:Bid Award to Construct Batting Cages at Veteran’s Sports Complex Presenter(s):Todd McCoy, Parks and Recreation Director Background On June 13, 2021 the Parks and Recreation Department advertised for bids to construct three (3) new outdoor batting cages and one (1) small storage building at the Veterans Sports Complex. The project was planned to be a partnership between the City and ABCDD softball league. The City budgeted to fund the batting cages which will be open to all teams using the facility. The softball league budgeted to fund a building in which they would use in conjunction with the batting cages and to house league equipment on site. Discussion Bids were received from two (2) builders. Lacy Construction Company, Grand Island, NE $299,615.50 Mid Plains Construction Co., Grand Island, NE $333,900.00 The bids to construct the building were well over the engineers estimate. As a result the ABCDD softball league has requested to wait until a later date so that additional funds can be raised to construct the building. Bid prices for the batting cages are in line with estimates and the City has sufficient funds budgeted to construct the cages. Staff recommends moving forward and accepting the bid from Lacy Construction Company of Grand Island to build three (3) new batting cages. The Lacy Construction proposed bid total excluding the building is $104,348.50. Food and Beverage Tax proceeds will be utilized. Grand Island Council Session - 9/14/2021 Page 219 / 360 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 City Council award the bid to build three (3) new batting cages at the Veterans Sports Complex to Lacy Construction Company of Grand Island, Nebraska. Sample Motion Move to award the bid for the construction of new batting cages at the Veterans Sports Complex to Lacy Construction for a total of $104,348.50. Grand Island Council Session - 9/14/2021 Page 220 / 360 Grand Island Council Session - 9/14/2021 Page 221 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-223 WHEREAS, the City of Grand Island invited sealed bids for the Veteran’s Sports Complex Batting Cages according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on July 6, 2021, two (2) bids were received, opened and reviewed; and WHEREAS, the project was planned to be a partnership between the City budgeting for the batting cages and ABCDD softball league budgeting for the building; and WHEREAS, the bids to construct the building were well over the engineers estimate and as a result the ABCDD softball league has requested to wait until a later date so that additional funds can be raised to construct the building; and WHEREAS, Lacy Construction Co. from Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein minus the building cost, such bid being in the amount of $104,348.50 to build three (3) batting cages; and WHEREAS, such project will be funded through the Food and Beverage Tax. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid from Lacy Construction Co. from Grand Island, Nebraska in the total amount of $104,348.50 for the Veteran’s Sports Complex Batting Cages is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 222 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-13 #2021-224 - Approving Bid Award for Lead Reclamation at Heartland Public Shooting Park Staff Contact: Todd McCoy Grand Island Council Session - 9/14/2021 Page 223 / 360 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 14, 2021 Subject:Approval of Lead Reclamation at Heartland Public Shooting Park Presenter(s):Todd McCoy, Parks and Recreation Director Background On August 31, 2021 the Parks and Recreation Department advertised a Request for Proposals (RFP) for Lead Reclamation at Heartland Public Shooting Park (HPSP). Lead reclamation is beneficial to shooting ranges so that lead buildup can be reduced before it becomes a concern and revenue can be generated from resale. Reclamation efforts will be concentrated on skeet, trap, and pistol ranges that have enough lead to be efficiently removed. The process to remove lead involves tilling the soil and running it through screens to remove the lead. Discussion Three proposals to reclaim lead at HPSP were received. Recoil, Orlando, FL Metal Treatment Technologies, LLC, Arvada CO Green Excavating & Mining Solutions, LLC, Fremont, NE Staff recommends accepting the proposal from Green Excavating & Mining Solutions, LLC of Fremont, Nebraska. Staff recommends Green Excavating & Mining Solutions because they provide the best overall value and approach to the project. The expenses and revenue associated with this project will vary depending on the amount of lead that can be resold and lead market price at the time of sale. Upon the conclusion of the project staff does not anticipate any overall cost to the City. It’s estimated that the City may net $10,000.00 or more depending on the amount and market price of lead extracted. Grand Island Council Session - 9/14/2021 Page 224 / 360 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 City Council accept the proposal from Green Excavating & Mining Solutions, LLC of Fremont, Nebraska for Lead Reclamation at Heartland Public Shooting Park. Sample Motion Move to approve the proposal from Green Excavating & Mining Solutions. Grand Island Council Session - 9/14/2021 Page 225 / 360 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR LEAD RECLAMATION AT HEARTLAND PUBLIC SHOOTING PARK RFP DUE DATE: August 31, 2021 at 4:00 p.m. DEPARTMENT: Parks and Recreation PUBLICATION DATE: August 8, 2021 NO. POTENTIAL BIDDERS: 3 PROPOSALS RECEIVED Recoil LLC Metals Treatment Technologies, LLC Orlando, FL Arvada, CO Green Excavating & Mining Solutions, LLC Fremont, NE cc: Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Bill Starkey, HPSP Superintendent P2300 Grand Island Council Session - 9/14/2021 Page 226 / 360 Grand Island Council Session - 9/14/2021 Page 227 / 360 Grand Island Council Session - 9/14/2021 Page 228 / 360 Grand Island Council Session - 9/14/2021 Page 229 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-224 WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for Lead Reclamation at the Heartland Public Shooting Park; and WHEREAS, three (3) request for proposals were received; and WHEREAS, Green Excavating and Mining Solutions, LLC, from Fremont, Nebraska, submitted a proposal for such project in accordance with the Request for Proposals; and WHEREAS, upon the conclusion of the project staff does not anticipate any overall cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Green Excavating and Mining Solutions, LLC, from Fremont, Nebraska for Lead Reclamation at the Heartland Public Shooting Park hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 230 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-14 #2021-225 - Approving Bid Award for Surface Prep and Painting of Island Oasis Water Park Staff Contact: Todd McCoy Grand Island Council Session - 9/14/2021 Page 231 / 360 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 14, 2021 Subject:Bid Award for Surface Prep and Painting of Island Oasis Water Park Presenter(s):Todd McCoy, Parks and Recreation Director Background On September 7, 2021 the Parks and Recreation Department advertised bids for Surface Prep and Painting of Island Oasis Water Park. Island Oasis was last painted in the spring of 2014. Discussion The Parks and Recreation Department is recommending repainting the wave pool and zero depth areas because the current paint has deteriorated. Dollars were budgeted in the 2021-22 general fund for this project. Three bids were received: A1A Sandblasting, Menahga, MN $ 72,000.00 Mongan Painting, Co, Inc., Cherokee, IA $172,685.00 TMI Coatings, Inc., St. Paul, MN $136,500.00 Staff recommends A1A Sandblasting of Menahga, MN to Surface Prep and Paint Island Oasis. The project will be funded by Island Oasis operating line item 10044525-85324. 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 - 9/14/2021 Page 232 / 360 Recommendation City Administration recommends that the City Council award the bid for the Surface Prep and Painting of Island Oasis Water Park to A1A Sandblasting of Menahga, Minnesota. Sample Motion Move to approve the Surface Prep and Painting of Island Oasis Water Park to A1A Sandblasting for a total of $72,000.00. Grand Island Council Session - 9/14/2021 Page 233 / 360 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 7, 2021 at 2:00 p.m. FOR:Surface Prep and Painting of Island Oasis Water Park DEPARTMENT:Parks and Recreation ESTIMATE:$85,000.00 FUND/ACCOUNT:10044525-85324 PUBLICATION DATE:August 15, 2021 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Mongan Painting Co., Inc.AIA Sandblasting (Iowa) Cherokee, IA Menahga, MN Exceptions:None None Bid Price:$172,685.00 $72,000.00 Bidder:TMI Coatings St. Paul, MN Exceptions:None Bid Price:$136,500.00 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Admin. Asst. Parks Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Jeremy Bachmann, Recreation Superintendent P2303 Grand Island Council Session - 9/14/2021 Page 234 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-225 WHEREAS, the City of Grand Island invited sealed bids for Surface Prep and Painting of Island Oasis Water Park, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on September 7, 2021, three (3) bids were received, opened and reviewed; and WHEREAS, A1A Sandblasting from Menahga, Minnesota submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $72,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of A1A Sandblasting from Menahga, Minnesota, in the amount of $72,000.00 for Surface Prep and Painting of Island Oasis Water Park is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 235 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-15 #2021-226 - Approving Annual Renewal of Utility Billing Software Staff Contact: Patrick Brown, Finance Director Grand Island Council Session - 9/14/2021 Page 236 / 360 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:September 14, 2021 Subject:Approving Annual Payment for Utility Billing Software Support Presenter(s):Patrick Brown, Finance Director Background On July 9, 2013, Council approved the purchase and implementation of Advanced Utility Systems CIS Infinity software solution for Utility Billing via resolution 2013-227. This software serves as the billing platform for the Electric, Water and Wastewater funds within the City of Grand Island. The system officially went live on April 1, 2015. Discussion The total cost for the period of 10/1/2021 to 9/30/2022 is $90,584.23 (5.00% increase). This includes annual maintenance support for CIS Infinity, the core software, and Infinity.Link, the online payment website. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2021-2022 invoice from AUS for software support and licensing. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the Annual Utility Billing Support Invoice in the amount of $90,584.23. Sample Motion Move to approve the Annual Utility Billing Support Invoice from Advanced Utility Systems. Grand Island Council Session - 9/14/2021 Page 237 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-226 WHEREAS, on July 9, 2013, by Resolution 2013-227, the City of Grand Island approved the proposal of N. Harris Computer Corporation, dba Advanced Utility Systems, to implement new utility billing software; and WHEREAS, in order to receive continued maintenance support from the company, it is necessary to make annual payments to Advanced Utility Systems; and WHEREAS, the cost for the period of October 1, 2021 to September 30, 2022 for CIS Infinity support is $75,692.13; and WHEREAS, the cost for the period of October 1, 2021 to September 30, 2022 for Infinity.Link support is $14,892.10. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the payment to Advanced Utility System for Annual Maintenance Support in the amount of $90,584.23 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. ______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 238 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-16 #2021-227 - Approving Certificate of Final Completion for the 2020 Asphalt Resurfacing Project No. 2020-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 239 / 360 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 14, 2021 Subject:Approving Certificate of Final Completion for the 2020 Asphalt Resurfacing Project No. 2020-AC-1 Presenter(s):John Collins PE, Public Works Director Background Gary Smith Construction Co, Inc. of Grand Island, Nebraska was awarded an $898,534.85 contract by the City Council on March 24, 2020, via Resolution No. 2020- 76, for the 2020 Annual Asphalt Resurfacing project. This year’s work involved asphalt resurfacing on: Section #1 – Husker Highway; Us Highway 30 to Regal Drive Section #2 – Engleman Road; Husker Highway to US Highway 30 Section #3 – Schimmer Drive; North Road to Blaine Street Section #4 – Blaine Street; Schimmer Drive to US Highway 34 On September 22, 2020, via Resolution No. 2020-231, City Council approved Change Order No. 1 at no cost to the project, which allowed for a time extension to complete the project from September 4, 2020 to November 15, 2020. On November 24, 2020, via Resolution No. 2020-304, City Council approved Change Order No. 2 at no cost to the project, which allowed for a time extension from November 15, 2020 to July 1, 2021. On July 13, 2021, via Resolution No. 2021-165, City Council approved Change Order No. 3 at no cost to the project, which allowed for a time extension from July 1, 2021 to August 15, 2021. Grand Island Council Session - 9/14/2021 Page 240 / 360 Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Construction was completed at a total cost of $871,743.70, resulting in an underrun of $26,791.15. The project underrun was due to a reduction in traffic control, also construction did not impact the adjacent roadway shoulders and driveways as anticipated, which lead to a decrease in the restoration costs. Additional project costs (detailed below) totaled $39,729.88 for a final project cost of $911,473.58. Additional Project Costs- GSI Engineering – Quality Assurance $ 3,562.50 Grand Island Independent- Advertising $ 231.41 City of Grand Island Public Works Engineering Services $ 33,535.97 Hall County Public Works- Section Corners $ 2,400.00 Additional Project Costs Total =$ 39,729.88 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 Certificate of Final Completion for Asphalt Resurfacing Project No. 2020-AC-1. Sample Motion Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2020-AC-1. Grand Island Council Session - 9/14/2021 Page 241 / 360 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Asphalt Resurfacing Project No. 2020-AC-1 CITY OF GRAND ISLAND, NEBRASKA September 14, 2021 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Asphalt Resurfacing Project No. 2020-AC-1 has been fully completed by Gary Smith Construction Co, Inc. of Grand Island, Nebraska under the contract dated April 1, 2020. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Asphalt Resurfacing Project No. 2020-AC-1 Item No.Description Total Quantity Unit Unit Price Total Cost Bid Section #1- HUSKER HIGHWAY; US HIGHWAY 30 TO REGAL DRIVE 1 MOBILIZATION 1.00 LS $12,500.00 $12,500.00 2 COLD MILLING, CLASS 3 (DEPTH 1")15,599.10 SY $ 0.89 $13,883.20 3 COLD MILLING, CLASS 3 (DEPTH 4”)5,275.00 SY $ 3.00 $15,825.00 4 ASPHALTIC CONCRETE, TYPE SPR (3” & 4”)4,142.54 TON $ 47.50 $196,770.65 5 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 0.00 TON $ 60.00 $0.00 6 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 90.00 $0.00 7 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 20.44 TON $ 30.00 $613.20 8 TACK COAT 5,075.00 GAL $ 1.75 $8,881.25 9 RAISED LANE MARKERS 208.00 EA $ 0.72 $149.76 10 TEMPORARY SIGN DAY 535.00 DAY $ 4.00 $2,140.00 11 BARRICADE, TYPE II 114.00 BDAY $ 0.75 $85.50 12 BARRICADE, TYPE III 323.00 BDAY $ 3.00 $969.00 13 FLAGGING 17.00 DAY $ 225.00 $3,825.00 14 FURNISHING & OPERATING PILOT VEHICLE 5.50 DAY $ 250.00 $1,375.00 15 EARTH SHOULDER CONSTRUCTION 119.00 STA $ 75.00 $8,925.00 16 HYDRO-SEEDING 1.20 ACRE $ 6,300.00 $7,560.00 17 UP RAILROAD COORDINATION 1.00 LS $ 1,900.00 $1,900.00 18 UP RAILROAD FLAGGING 1.00 DAY $ 1,500.00 $1,500.00 Total Bid Section #1= $276,902.56 Bid Section #2- ENGLEMAN ROAD; HUSKER HIGHWAY TO US HIGHWAY 30 1 MOBILIZATION 1.00 LS $10,000.00 $10,000.00 2 COLD MILLING, CLASS 3 (DEPTH 1")5,121.57 SY $ 0.89 $4,558.20 3 ASPHALTIC CONCRETE, TYPE SPR (3")925.99 TON $ 47.50 $43,984.53 Grand Island Council Session - 9/14/2021 Page 242 / 360 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 0.00 TON $ 60.00 $0.00 5 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 90.00 $0.00 6 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 24.40 TON $ 30.00 $732.00 7 TACK COAT 875.00 GAL $ 1.75 $1,531.25 8 RAISED LANE MARKERS 67.00 EA $ 0.72 $48.24 9 TEMPORARY SIGN DAY 58.00 DAY $ 4.00 $232.00 10 BARRICADE, TYPE II 84.00 BDAY $ 0.75 $63.00 11 BARRICADE, TYPE III 42.00 BDAY $ 3.00 $126.00 12 FLAGGING 6.00 DAY $ 225.00 $1,350.00 13 FURNISHING & OPERATING PILOT VEHICLE 0.00 DAY $ 250.00 $0.00 14 EARTH SHOULDER CONSTRUCTION 34.00 STA $ 75.00 $2,550.00 15 HYDRO-SEEDING 0.40 ACRE $ 6,300.00 $2,520.00 16 UP RAILROAD COORDINATION 1.00 LS $ 1,900.00 $1,900.00 17 UP RAILROAD FLAGGING 1.00 DAY $ 1,500.00 $1,500.00 Total Alternative Bid Section #2= $71,095.21 Bid Section #3- SCHIMMER DRIVE; NORTH ROAD TO BLAINE STREET 1 MOBILIZATION 1.00 LS $12,500.00 $12,500.00 2 COLD MILLING, CLASS 3 (DEPTH 1”)15,734.78 SY $ 0.89 $14,003.95 3 ASPHALTIC CONCRETE, TYPE SPR (3”)5,518.29 TON $ 47.50 $262,118.78 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 75.06 TON $ 60.00 $4,503.60 5 ASPHALTIC CONCRET FOR PATCHING, TYPE SPR 0.00 TON $ 90.00 $0.00 6 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 27.34 TON $ 30.00 $820.20 7 TACK COAT 5,750.00 GAL $ 1.75 $10,062.50 8 RAISED LANE MARKERS 110.00 EA $ 0.72 $79.20 9 TEMPROARY SIGN DAY 321.00 DAY $ 5.00 $1,605.00 10 BARRICADE, TYPE II 390.00 BDAY $ 0.75 $292.50 11 BARRICACE, TYPE III 160.00 BDAY $ 3.00 $480.00 12 FLAGGING 33.50 DAY $ 225.00 $7,537.50 13 FURNISHING & OPERATING PILOT VEHICLE 6.00 DAY $ 250.00 $1,500.00 14 EARTH SHOULDER CONSTRUCTION 186.00 STA $ 75.00 $13,950.00 15 HYDR-SEEDING 1.91 ACRE $ 6,300.00 $12,033.00 16 UP RAILROAD COORDINATION 1.00 LS $ 1,900.00 $1,900.00 17 UP RAILROAD FLAGGING 1.00 DAY $ 1,500.00 $1,500.00 Total Bid Section #3= $344,886.23 Grand Island Council Session - 9/14/2021 Page 243 / 360 Bid Section #4- BLAINE STREET; SCHIMMER DRIVE TO US HIGHGHAY 34 1 MOBILIZATION 1.00 LS $12,500.00 $12,500.00 2 COLD MILLING, CLASS 3 (DEPTH 1”)13,677.69 SY $ 0.89 $12,173.14 3 ASPHALTIC CONCRETE, TYPE SPR (3”)2,630.36 TON $ 47.50 $124,942.10 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 10.70 TON $ 60.00 $642.00 5 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 10.00 TON $ 90.00 $900.00 6 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 15.04 TON $ 30.00 $451.20 7 TACK COAT 3,000.00 GAL $ 1.75 $5,250.00 8 RAISED LANE MARKERS 58.00 EA $ 0.72 $41.76 9 TEMPORARY SIGN DAY 136.00 DAY $ 4.00 $544.00 10 BARRICADE, TYPE II 162.00 BDAY $ 0.75 $121.50 11 BARRICADE, TYPE III 106.00 BDAY $ 3.00 $318.00 12 FLAGGING 32.00 DAY $ 225.00 $7,200.00 13 FURNISHING & OPERATING PILOT VEHICLE 0.00 DAY $ 250.00 $0.00 14 EARTH SHOULDER CONSTRUCTION 98.00 STA $ 75.00 $7,350.00 15 HYDRO-SEEDING 1.02 ACRE $ 6,300.00 $6,426.00 Total Bid Section #4= $178,859.70 Grand Total= $871,743.70 Additional Project Costs- GSI Engineering – Quality Assurance $ 3,562.50 Grand Island Independent- Advertising $ 231.41 City of Grand Island Public Works Engineering Services $ 33,535.97 Hal County Public Works- Section Corners $ 2,400.00 Additional Project Costs Total =$ 39,729.88 Asphalt Resurfacing Project No. 2020-AC-1 Project Total = $911,473.58 I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No. 2020-AC-1 be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Roger G. Steele – Mayor Grand Island Council Session - 9/14/2021 Page 244 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-227 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Project No. 2020-AC-1, Asphalt Resurfacing, certifying that Gary Smith Construction Co., Inc. of Grand Island, Nebraska, under contract, has completed the asphalt resurfacing in the total amount of $871,743.70; and WHEREAS, additional project costs equate to $39,729.88, as detailed below, resulting in a total project cost of $911,473.58; and GSI Engineering – Quality Assurance $ 3,562.50 Grand Island Independent- Advertising $ 231.41 City of Grand Island Public Works Engineering Services $ 33,535.97 Hal County Public Works- Section Corners $ 2,400.00 Additional Project Costs Total =$ 39,729.88 WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion, for Project No. 2020-AC-1, Asphalt Resurfacing, in the amount of $911,473.58, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 245 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-17 #2021-228 - Approving Supplemental Agreement No. 1 with NDOT for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2020 Fiscal Year Transportation Planning Program Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 246 / 360 Council Agenda Memo From:Andres Gomez, MPO Program Manager Meeting:September 14, 2021 Subject:Approving Supplemental Agreement No. 1 with NDOT for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2020 Fiscal Year Transportation Planning Program Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. In March 2013 the City of Grand Island was designated as a urbanized area with a population over 50,000 which requires the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR 450 of the current federal transportation bill. On an annual basis, the MPO developes a Unified Planning Work Program (UPWP), which identifies work activities to be performed during the fiscal year. The UPWP is approved by the MPO Policy Board and City Council. The UPWP is then submitted to the Nebraska Department of Roads for review, and forwarded for approval for federal reimbusment by the Federal Highway Administration and Federal Transit Administration. On May 28, 2019, via Resolution No. 2019-177, City Council approved an agreement with the Nebraska Department of Transportation (NDOT) for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2020. The maximum Federal Planning Funds under the FY2020 (July 1, 2019- June 30, 2020) Unified Planning Work Program (UPWP) is 80%, with a not to exceed amount of $263,572.01 for FY2020 eligible costs. The City’s obligation of 20% shall not exceed $65,893.00 and can be part of in-kind services (staff time & expenses). Discussion The initial duration of the original agreement for FY2020 transportation planning needs to be reestablished to beginning July 1, 2019 and ending October 30, 2021. This will Grand Island Council Session - 9/14/2021 Page 247 / 360 allow funds from other sources to be reallocated to cover costs incurred, as well as increase MPO’s compensation for the additional funds available for the Eligible Planning Activities provided under this agreement. Total costs and funding commitments of the original agreement are also being amended as follows. The total cost of the Eligible Planning Activities is increased from $329,465.01 to $380,590.85, with the Federal share increased from $263,572.01 to $304,472.68, which is the sum of the carryover planning funds form the last fiscal year, planning funds from the upcoming fiscal year, and available funding from other sources. The City’s obligation will increase from $65,893.00 to $76,118.17. 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 a resolution authorizing the Mayor to sign the supplemental agreement. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/14/2021 Page 248 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-228 WHEREAS, on May 28, 2019, via Resolution No. 2019-177, City Council approved an agreement with the Nebraska Department of Transportation (NDOT) for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local government for the Grand Island Metropolitan Planning Area for Fiscal Year 2020; and WHEREAS, the maximum Federal Planning Funds under the FY2019 (July 1, 2019- June 30, 2020) Unified Planning Work Program (UPWP) is 80%, with a not to exceed amount of $263,572.01 for FY2020 eligible costs; and WHEREAS, the initial duration of the original agreement for FY2020 transportation planning needs to be reestablished to beginning July 1, 2019 and ending October 30, 2021; and WHEREAS, total costs and funding commitments of the original agreement are also being amended as follows. The total cost of the Eligible Planning Activities is increased from $329,465.01 to $380,590.85, with the Federal share increased from $263,572.01 to $304,472.68, which is the sum of the carryover planning funds form the last fiscal year, planning funds from the upcoming fiscal year, and available funding from other sources; and WHEREAS, the City’s obligation will increase from $65,893.00 to $76,118.17; and WHEREAS, this will allow funds from other sources to be reallocated to cover costs incurred, as well as increase MPO’s compensation for the additional funds available for the Eligible Planning Activities provided under this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign Supplemental Agreement No. 1 to Project No. PGL-1(57), Control No. 01001G between the City and the State. - - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 249 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-18 #2021-229 - Approving Union Pacific Railroad Reimbursement Agreement for Construction Engineering Services Related to Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 250 / 360 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 14, 2021 Subject:Approving Union Pacific Railroad Reimbursement Agreement for Construction Engineering Services Related to Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 Presenter(s):John Collins PE, Public Works Director Background Public Works Engineering staff, along with Olsson, Inc. of Grand Island have completed an evaluation of the condition of the Eddy Street underpass which was built in 1950. The goal of this evaluation was to outline repairs and/or replacements to extend the life of the structure. Issues requiring evaluation were related to the condition of the concrete retaining walls of the structure as well as the condition of the Mill Drive and North Front Street Bridges. The current storm sewer pumping system for the underpass was also evaluated and will be rehabbed as needed. Installation of netting to aid in the reduction of roosting birds is desired. The objective of this stage of the project was to develop and evaluate recommendations for rehabilitation, evaluate opinions of cost, and select a preferred alternative. The Engineering Division of the Public Works Department is in the final design phase of the Eddy Street Underpass Rehabilitation; Project No. 2019-U-1, with plans to solicit construction bids this fall. Discussion The Union Pacific Railroad (UPRR) requires the City to enter into a “Reimbursement Agreement for Construction Engineering Services”, for UPRR to perform the project work associated with the Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. The City is required to pay the UPRR an amount not to exceed of $25,000.00 on a time and materials basis to cover UPRR expenses in construction observation and appropriate flagging operations near their facilities while work is being performed. Without this agreement the City cannot proceed with rehabilitation of the Eddy Street Underpass, as this work is directly under the rail line. Grand Island Council Session - 9/14/2021 Page 251 / 360 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 a resolution allowing the City to enter into the Reimbursement Agreement for Construction Engineering Services with Union Pacific Railroad at the estimated amount of $25,000.00 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/14/2021 Page 252 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-229 WHEREAS, in connection with the Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 a Reimbursement Agreement for Construction Engineering Services is required by the Union Pacific Railroad; and WHEREAS, the agreement also requires an amount not to exceed of $25,000.00 on a time and materials basis; and WHEREAS, the agreement has been reviewed and approved by the City’s Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Reimbursement Agreement for Construction Engineering Services with the Union Pacific Railroad in connection with Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 253 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-19 #2021-230 - Approving Amendment No. 1 Correction to Resolution No. 2020-172; Engineering Consulting Agreement for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 254 / 360 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:September 14, 2021 Subject:Approving Amendment No. 1 Correction to Resolution No. 2020-172; Engineering Consulting Agreement for Eddy Street Underpass Rehabilitation; Project No. 2019- U-1 Presenter(s):John Collins PE, Public Works Director Background On November 12, 2019, via Resolution No. 2019-329, City Council approved an Engineering Services agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $67,570.00 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. On July 28, 2020, via Resolution No. 2020-172, City Council approved Amendment No. 1 to the original agreement in the amount of $67,570.00. Discussion The total agreement amount was incorrectly listed in Resolution No. 2020-172 as $79,060.00, rather than the correct total agreement amount of $135,140.00. A rectification to Resolution No. 2020-172 is necessary to fulfill approved Amendment No. 1 with Olsson, Inc. of Grand Island, Nebraska for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. 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 - 9/14/2021 Page 255 / 360 Recommendation City Administration recommends that the Council approve Amendment No. 1 to the original agreement with Olsson, Inc. of Grand Island, Nebraska, in the amount of $79,060.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/14/2021 Page 256 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-230 WHEREAS, on November 12, 2019, via Resolution No. 2019-329, City Council approved an Engineering Services Agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $67,570.00 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1; and WHEREAS, on July 28, 2020, via Resolution No. 2020-172, City Council approved Amendment No. 1 to the original agreement in the amount of $67,570.00; and WHEREAS, the total agreement amount was incorrectly listed in Resolution No. 2020-172 as $79,060.00, rather than the correct total agreement amount of $135,140.00; and WHEREAS, a rectification to Resolution No. 2020-172 is necessary to fulfill approved Amendment No. 1 with Olsson, Inc. of Grand Island, Nebraska for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the correction to Resolution No. 2020- 172 for Amendment No. 1 with Olsson, Inc. of Grand Island, Nebraska for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 is hereby approved for the total agreement amount of $135,140.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 257 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-20 #2021-231 - Approving Acquisition of Public Sanitary Sewer Easement in Bosselman Crossing Subdivision- 3436 S Locust Street (Bosselman Pump & Pantry, Inc.) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/14/2021 Page 258 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-231 WHEREAS, a public sanitary sewer easement is required by the City of Grand Island, from Bosselman Pump & Pantry, Inc. in Bosselman Crossing Subdivision, City of Grand Island, Hall County, Nebraska and more particularly described as follows: A 20 FT SANITARY EASEMENT LOCATED IN PART OF LOTS 1 AND 2, BOSSELMAN CROSSING SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SOUTHWEST CORNER OF SAID LOT 1, BOSSELMAN CROSSING SUBDIVISION AND SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00o12’32”W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 166.63 FEET; THENCE N01o05’52”W A DISTANCE OF 207.51 FEET; THENCE N89o57’59”E A DISTANCE OF 20.00 FEET; THENCE S01o05’52”E A DISTANCE OF 207.60 FEET; THENCE S00o12’32”E A DISTANCE OF 166.53 FEET TO A POINT ON SAID SOUTH LINE OF LOT 1 AND SAID NORTH RIGHT-OF-WAY LINE OF LAKE STREET; THENCE S89o57’59”W, ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID SANITARY EASEMENT CONTAINS 7481.71 SQUARE FEET OR 0.172 ACRES MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public sanitary sewer easement from the property owner on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 259 / 360 Grand Island Council Session - 9/14/2021 Page 260 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-21 #2021-232 - Approving Subordination Request at 1023 Nebraska Avenue - Scott Peters Staff Contact: Amber Alvidrez Grand Island Council Session - 9/14/2021 Page 261 / 360 Council Agenda Memo From:Amber Alvidrez, Community Development Council Meeting:September 14, 2021 Subject:Approving Subordination Agreement for 1023 Nebraska Ave, Grand Island Nebraska for Scott Peters Presenter(s):Amber Alvidrez, Community Development Administrator Background On March 6, 2014 Community Development Block Grant funds in the amount of $20,000.00 were loaned to Scott Peters to assist in the cost of a down payment to obtain the property. The legal description is: Lot Twenty Six (26), in Fonner view Subdivision, in the City of Grand Island, Hall County, NE The owner is requesting for 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 The new lien with Equitable Bank, is for $100,000 would by law be junior in priority to the City’s lien; however, Equitable Bank, has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The estimated appraisal value of the property is $200,000. ALTERNATIVES Grand Island Council Session - 9/14/2021 Page 262 / 360 It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 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 Equitable Bank. Placing the City in the second position to the new Deed of Trust. Sample Motion Move to recommend approval of the Subordination Agreement with Equitable Bank, placing the City in the second position to the new Deed of Trust. Grand Island Council Session - 9/14/2021 Page 263 / 360 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 March 7, 2014, on the following described real estate: Lot Twenty six (26), Fonner View 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 Equitable Bank to Scott Peters(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 $100,000.00 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 March 7, 2014 as Document Number 201401295 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 201401295. It is understood that Equitable Bank intends to lend funds to Borrowers but that the subordinated amount is not to exceed $100,000.00 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 - 9/14/2021 Page 264 / 360 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 - 9/14/2021 Page 265 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-232 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated March 6, 2014 and recorded on March 7, 2014, as Instrument No.201401295 respectively, in the total amount of $20,000.00 secured by property located at 1023 Nebraska Ave in Grand Island, Nebraska and owned by Scott Peters, said property being described as follows: Lot Twenty Six (26), Fonner View Subdivision, in the City of Grand Island, Hall County, NE WHEREAS Scott Peters wishes to execute a Deed of Trust in the amount of $100,000.00 with Equitable Bank, 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 of Scott Peters, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust Equitable Bank, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 266 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item G-22 #2021-233 - Approving CDBG #2020-2 Subrecipient Agreement with the YMCA Staff Contact: Amber Alvidrez Grand Island Council Session - 9/14/2021 Page 267 / 360 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:September 14, 2021 Subject:Approving CDBG Contract #2020-2 with the YMCA Presenter(s):Amber Alvidrez, Community Development Administrator Background In May of 2021, the City of Grand Island was awarded an annual allocation of $427,392.00 from the United States Department of Housing and Urban Development’s Community Development Block Grant Program. In March of 2021, City Council approved the 2020-2021 Annual Action Plan, which included various projects throughout Grand Island, all of which benefit low to moderate income persons or areas. Each one of these projects requires a separate contract, which comes before City Council. Discussion The YMCA was included in the 2020-2021 Annual Action Plan to use $33,000 Community Development Block Grant funds for parking lot and sidewalk improvements focusing on the current handicap stalls and uneven sidewalks. The Sidewalks at the YMCA are cracked and past attempts, at repairs have left an uneven and unsafe walking surface. Drain covers across the width of the sidewalk are also uneven, unstable and rusted. ADA accessible curb cuts are also needed. Ultimately the project would replace broken sidewalks and drains making them more handicap accessible. 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 - 9/14/2021 Page 268 / 360 Recommendation City Administration recommends that the Council approves CDBG Contract #2020-2 with the YMCA and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2020-2 with The YMCA. Grand Island Council Session - 9/14/2021 Page 269 / 360 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 14th day of September, 2021 by and between the City of Grand Island ("City/Grantee,") and Young Men’s Christian Association of Grand Island ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering CDBG Fiscal Year 2020 Entitlement Community Development Block Grant program funds in a manner satisfactory to the City/Grantee and consistent with any standards required by the United States Department of Housing and Urban Development, as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery Sub recipient shall use Thirty-Three thousand dollars and 00/100($33,000.00) of Community Development Block Grant funds to will Repair and make necessary improvements to the Sub recipient’s parking lot and sidewalk located at 221 E. South Front Street, Grand Island Nebraska, as submitted in the application for Community Development Block Grant (CDBG) funds dated (March 30, 2021) toward the goal of Eliminating slum and blight areas within Grand Island. The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: a. Sub recipient will repair or replace any cracked, uneven or unsafe walking surfaces in the organization’s parking lot. Grand Island Council Session - 9/14/2021 Page 270 / 360 2 b. Sub recipient will place the necessary curb cuts and wheel chair ramps and meeting ADA compliance while completing the necessary repairs to the parking lot and sidewalk located at sub recipients premises. c. Sub recipient shall follow the City of Grand Island’s procurement regulations for any work necessary in order to complete program. d. Sub-recipient is to ensure that all hired contractors meet the requirements set forth by the Davis Bacon, section 3 regulations and registered on SAM.gov. C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Prevent or Aid in the Elimination of Slum and Blight Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.Sub recipient shall complete the necessary repairs to the organizations parking lot and adjoining sidewalk. b.The Sub recipient and sub-contractors are to follow all Davis Bacon and Section 3 rules and requirements while completing project. c. Sub recipient is to provide weekly reports on Project progress to include a.A Summary of Project progress b.Section 3 workers hour logs c.Davis bacon Requirements Units of Service include: The Sub-recipient’s progress will be monitored by the completion of the parking lot improvements. E. Project Description Type of Project: Eliminating Slum and Blight Project Location: City of Grand Island Service Area: City of Grand Island Project: 2020-2 Basic Eligibility Citation: 24 CFR 570.208(b)(1) Amount Funded: $33,000 F. Performance Monitoring The City/Grantee reserves the right to monitor and evaluate the progress and Grand Island Council Session - 9/14/2021 Page 271 / 360 3 Performance of the Sub recipient to assure the terms of this agreement are being satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance Sub Recipient shall perform the services set out above, and shall expend the Community Development Block Grant funding provided for above between September 14, 2021 and September 14, 2022. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG funds or other CDBG assets, including program income. H. Budget Sub recipient shall use Thirty Three Thousand Dollars &00/100 ($33,000.00) of Community Development Block Grant funds provided for Parking lot and sidewalk improvements. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to pay the Sub recipient an amount not to exceed Thirty Three Thousand Dollars and Zero Cents ($33,000.00). There are no eligible delivery costs. Payments may be contingent upon certification of the Sub recipients’ financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. a. Draw-down requests may be submitted to the Community Development Grand Island Council Session - 9/14/2021 Page 272 / 360 4 Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal, and Drawdown Reimbursement Request will only be processed once a month. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient committing or expending any Community Development Block Grant funds. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. Sub recipient shall follow the City of Grand Island’s Procurement processes to ensure compliance with 2 CFR 200. K. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) L. Implementation Schedule CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. L. Sources and Uses of Funds (if applicable) not applicable M. Other Special Conditions Sub- recipient shall be in active registration on the System for Award Management (SAM.gov) as well as all sub-contractors for the duration of the Grand Island Council Session - 9/14/2021 Page 273 / 360 5 agreement. Sub recipient and sub recipient’s sub-contractor will follow all davis-Bacon Regulations. Sub recipient shall meet all requirements set forth by Section 3. N. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island Young Men’s Christian Association of Grand Island ATTN: Community Development Division Cara Lemburg 100 East First Street 211 E. South Front Street Grand Island NE, 68801-1968 Grand Island Nebraska, 68801 Telephone: (308)385-5444 ext. 212 Telephone:308-395-9622 Fax: (308) 385-5488 Fax: SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. Grand Island Council Session - 9/14/2021 Page 274 / 360 6 The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments Grand Island Council Session - 9/14/2021 Page 275 / 360 7 The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. Grand Island Council Session - 9/14/2021 Page 276 / 360 8 In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of Grand Island Council Session - 9/14/2021 Page 277 / 360 9 suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet Grand Island Council Session - 9/14/2021 Page 278 / 360 10 eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs Grand Island Council Session - 9/14/2021 Page 279 / 360 11 The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At Grand Island Council Session - 9/14/2021 Page 280 / 360 12 conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. E. Use & Reversion of Assets Grand Island Council Session - 9/14/2021 Page 281 / 360 13 Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and Grand Island Council Session - 9/14/2021 Page 282 / 360 14 either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub recipient agrees to comply with: A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and Grand Island Council Session - 9/14/2021 Page 283 / 360 15 C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with Grand Island Council Session - 9/14/2021 Page 284 / 360 16 assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its Grand Island Council Session - 9/14/2021 Page 285 / 360 17 agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall Grand Island Council Session - 9/14/2021 Page 286 / 360 18 cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub Grand Island Council Session - 9/14/2021 Page 287 / 360 19 recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to Grand Island Council Session - 9/14/2021 Page 288 / 360 20 the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm/household selected for award. The Sub recipient’s officers, employees or agents will neither solicit nor accept Grand Island Council Session - 9/14/2021 Page 289 / 360 21 gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. Grand Island Council Session - 9/14/2021 Page 290 / 360 22 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. Grand Island Council Session - 9/14/2021 Page 291 / 360 23 D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. Grand Island Council Session - 9/14/2021 Page 292 / 360 24 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: Young Men’s Christian Association of Grand Island Date _____________________________ By____________________________________ Cara Lemburg, Executive Director Date By Board President Grand Island Council Session - 9/14/2021 Page 293 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-233 WHEREAS, the City of Grand Island, Nebraska was awarded a $427,392 as part of the United States Department of Housing and Urban Development’s Community Development Block Grant (CDBG) Program; and WHEREAS, City Council approved the 2020-2021 Annual Action Plan which identified The YMCA as an approved program to utilize CDBG Funds; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization identified in the 2020-2021 Annual Action Plan; and WHEREAS, the YMCA was awarded $33,000 to repair and/or replace areas of the organizations parking lot and adjoining sidewalk, in the Slum and Blight area #1 of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that The City of Grand Island, Nebraska is hereby authorized to enter into a Sub-Recipient Agreement with the YMCA and the Mayor is hereby authorized and directed to execute such contracts. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 294 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item H-1 Consideration of Approving Request from Central District Health Department for a Conditional Use Permit to allow for a Temporary Building located at 1137 South Locust Street This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Craig Lewis Grand Island Council Session - 9/14/2021 Page 295 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item I-1 #2021-234 - Consideration of Approving Economic Development Incentive Agreement with Hornady Manufacturing Company Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/14/2021 Page 296 / 360 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:September 14, 2021 Subject:Approving Economic Development Incentive Agreement with Hornady Manufacturing Company Presenter(s):Jerry Janulewicz, City Administrator Background At the November 6, 2012 General Election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Area Economic Development Corporation (GIAEDC). The Economic Development Corporation has received an application from Hornady Manufacturing Company located at 3625 Old Potash Highway for job creation, job training, and infrastructure. On August 24, 2021, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Advisory Review Committee (CARC) for consideration and recommendation. The CARC met on September 2, 2021 and approved the request and Agreement for recommendation to the City Council for final action and approval. Discussion Hornady Manufacturing Company has submitted the required LB-840 application (see attached) for a forgivable loan in the amount of $425,000.00. Proposed is the creation of 51 full-time equivalent (FTE) employees with an average hourly wage of $19.33. Requested is $425,000.00 for job creation, job training, and infrastructure to be paid over three years. Hornady Manufacturing Company currently has 897 full-time equivalent employees and is expanding its operations in Grand Island. The company derives its principal source of income from the sale of services in interstate commerce and is a qualifying business under the City’s Economic Development Program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/14/2021 Page 297 / 360 1.Move to approve the Economic Development Agreement with Hornady Manufacturing Company. 2.Do not approve the Economic Development Agreement with Hornady Manufacturing Company. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with Hornady Manufacturing Company. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with Hornady Manufacturing Company. Grand Island Council Session - 9/14/2021 Page 298 / 360 Grand Island Council Session - 9/14/2021 Page 299 / 360 Grand Island Council Session - 9/14/2021 Page 300 / 360 Grand Island Council Session - 9/14/2021 Page 301 / 360 Grand Island Council Session - 9/14/2021 Page 302 / 360 Grand Island Council Session - 9/14/2021 Page 303 / 360 Grand Island Council Session - 9/14/2021 Page 304 / 360 Hornady Manufacturing LB840 Application Grand Island Council Session - 9/14/2021 Page 305 / 360 Steve Hornady, President Jason Hornady, Vice President Grand Island Council Session - 9/14/2021 Page 306 / 360 Grand Island Council Session - 9/14/2021 Page 307 / 360 Grand Island Council Session - 9/14/2021 Page 308 / 360 Grand Island Council Session - 9/14/2021 Page 309 / 360 Hornady Manufacturing Main facility, located at 3625 Old Potash HWY Grand Island Council Session - 9/14/2021 Page 310 / 360 Adding 51 new FTEs to main location 2021: Add 20 new jobs 2022: Add 20 new jobs 2023: Add 11 new jobs Increase employee count to 900+ in Grand Island Average of $19.33 / hour Hornady Manufacturing Grand Island Council Session - 9/14/2021 Page 311 / 360 Proposed LB840 Incentive Job Creation: Hornady Manufacturing Grand Island Council Session - 9/14/2021 Page 312 / 360 Proposed LB840 Distribution Schedule Year LB840 Category LB840 Funds Distributed 2021 Job Training $26,666 2022 Job Training Job Creation Infrastructure $185,666 2023 Job Training Job Creation $146,668 2024 Job Creation $66,000 TOTAL $425,000 Grand Island Council Session - 9/14/2021 Page 313 / 360 Eligible Business Activities: 1.The manufacturer of articles of commerce 2.The conduct of research and development 3.The processing, storage, transport, or sale of goods or commodities which are sold or traded in interstate commerce 4.The sale of services in interstate commerce 5.Headquarter facilities relating to eligible activities as listed in this section 6.Telecommunication activities 7.End destination tourism-related activities Grand Island Council Session - 9/14/2021 Page 314 / 360 Request to approve Hornady Manufacturing’s LB840 application for $425,000 over a four-year contract period. Grand Island Council Session - 9/14/2021 Page 315 / 360 ECONOMIC DEVELOPMENT AGREEMENT THIS ECONOMIC DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into effective as of the 5th day of August, 2021 (the “Effective Date”), by and among the City of Grand Island, Nebraska (“City”), the Grand Island Economic Development Corporation (“GIAEDC”) and Hornady Manufacturing Company (“Company”), a Nebraska corporation. W I T N E S S E T H: WHEREAS, on August 5, 2021, Company filed an Application for Economic Development Incentives (the “Application”) with City and GIAEDC; WHEREAS, Company is expanding its operations in Grand Island; WHEREAS, in connection with the Grand Island expansion, Company agrees to continue to employ its current eight hundred ninety-seven (897) full-time equivalent employees in Grand Island for at least three years after the Effective Date and to add an additional fifty-one (51) full-time equivalent employees in Grand Island; WHEREAS, City and GIAEDC find Company derives its principal source of income from the manufacturer of articles of commerce and is a qualifying business under City’s Economic Development Program, that Company’s project qualifies for economic development incentives under the Program, that Company’s project will be of substantial economic benefit to the people of Grand Island and the surrounding area, and the economic development incentive plan set forth in this Agreement contributes to the fulfillment of the major objectives of City’s Economic Development Plan; WHEREAS, City and GIAEDC are willing to provide Company with up to $80,000 in job training assistance, up to $306,000 in job creation incentives, and up to $39,000 in infrastructure funds at the times and upon the fulfillment of the conditions set forth in this Agreement provided that Company complies with the terms of this Agreement; and WHEREAS, in furtherance of the foregoing recitals, the Parties desire to enter into this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the Parties agree as follows: 1.Definitions. As used in this Agreement, the following terms shall have the respective meanings ascribed to them in this Section 1: (a)“Employment Certificate” shall mean a certificate for the defined period containing the sworn statement of a duly authorized representative of Company specifically setting forth compliance with the terms of this Agreement. The Employment Certificate shall contain the following information and adhere to the following terms: (i) the total number of hours which FTE’s worked and total gross compensation received by FTE’s for hours worked at Company’s facilities in Grand Island during the twelve (12) successive calendar months immediately preceding the date of the Employment Certificate; and (ii) the hourly rate for all FTE’s which shall meet or exceed the Minimum Hourly Rate. Company agrees that upon receipt of written notice pursuant to the terms of this Agreement, Company shall allow the City Administrator or his designee to Grand Island Council Session - 9/14/2021 Page 316 / 360 personally inspect Company’s employment records as confirmation of the statements contained in the Employment Certificate. (b)“Full-Time Equivalents” or “FTE’s” shall mean persons currently employed by Company and persons hired by Company as part of the expansion of its operations to Grand Island as detailed in the recitals to this Agreement. The total number of FTE’s shall be determined by dividing the total number of hours Company employees worked at its facilities located in Grand Island by two thousand eighty (2,080). (c)“Minimum Hourly Rate” shall mean a minimum hourly rate of $19.33 per hour for each FTE employed as part of Company’s expansion of its operations in Grand Island. The hourly rate shall be determined by dividing the total wages and salaries paid to FTE’s by two thousand eighty (2,080). 2.Employment Requirements. Company shall meet each of the following employment requirements: (a)Company shall have a minimum of eight hundred ninety-seven (897) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate as of the Effective Date; (b)Company shall have a minimum of nine hundred seventeen (917) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate as of the first (1st) anniversary of the Effective Date; (c)Company shall have a minimum of nine hundred thirty-seven (937) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate as of the second (2nd) anniversary of the Effective Date; and (d)Company shall have a minimum of nine hundred forty-eight (948) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate as of the third (3rd) anniversary of the Effective Date. 3.Disbursement of LB 840 Funds for Job Training. Disbursement of the economic incentive funds for job training shall be paid to Company by City in accordance with the following schedule: (a)A disbursement for training FTE’s in the amount of Twenty-Six Thousand Six Hundred Sixty-Six and no/100 Dollars ($26,666) shall be paid by City to Company within sixty (60) days of the approval this Agreement by the City Council. (b)A disbursement for training FTE’s in the amount of Twenty-Six Thousand Six Hundred Sixty-Six and no/100 Dollars ($26,666) shall be paid by City to Company within thirty (30) days of the first (1st) anniversary of the Effective Date provided that Company has delivered an Employment Certificate to City and GIAEDC evidencing that Company has at least nine hundred seventeen (917) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate. (c)A disbursement for training FTE’s in the amount of Twenty-Six Thousand Six Hundred Sixty-Eight and no/100 Dollars ($26,668) shall be paid by City to Company within thirty (30) days of the second (2nd) anniversary of the Effective Date provided that Company has delivered an Employment Certificate to City and GIAEDC evidencing that Grand Island Council Session - 9/14/2021 Page 317 / 360 Company has at least nine hundred thirty-seven (937) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate. (d)The maximum amount City shall disburse to Company for job training shall be Forty Thousand and No/100 Dollars ($80,000.00). 4.Disbursement of LB 840 Funds for Job Creation. Company shall be eligible for disbursements of up to Six Thousand and 00/100 Dollars ($6,000) per FTE for fifty-one (51) FTE’s for a total disbursement of Three Hundred Six Thousand and No/100 Dollars ($306,000.00). Disbursement of the economic incentive funds for job creation shall be paid to Company by City in accordance with the following schedule: (a)A disbursement of One Hundred Twenty Thousand and No/100 Dollars ($120,000) shall be paid by City to Company within thirty (30) days of the first (1st) anniversary of the Effective Date provided that Company has delivered an Employment Certificate to City and GIAEDC evidencing that Company has at least nine hundred seventeen (917) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate. (b)A disbursement of One Hundred Twenty Thousand and No/100 Dollars ($120,000) shall be paid by City to Company within thirty (30) days of the second (2nd) anniversary of the Effective Date provided that Company has delivered an Employment Certificate to City and GIAEDC evidencing that Company has at least nine hundred thirty-seven (937) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate. (c)A disbursement of Sixty-Six Thousand and No/100 Dollars ($66,000) incentives shall be paid by City to Company within thirty (30) days of the Third (3rd) anniversary of the Effective Date provided that Company has delivered an Employment Certificate to City and GIAEDC evidencing that Company has at least nine hundred forty-eight (948) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly Rate. (d)The maximum amount City shall disburse to Company for job creation shall be Three Hundred Six Thousand and No/100 Dollars ($306,000). 5.Disbursement of LB 840 Funds for Infrastructure. Company shall be eligible for disbursements of up to Thirty-Nine Thousand and 00/100 Dollars ($39,000) for a total disbursement of infrastructure funds. Disbursement of the economic incentive funds for infrastructure shall be paid to Company by City in accordance with the following schedule: (a)A disbursement for infrastructure in the amount of Thirty- Nine Thousand and No/100 Dollars ($39,000.00) shall be paid by City to Company within sixty (60) days of the issuance of a certificate of occupancy for the expansion to Hornady Manufacturing being constructed for operations in Grand Island; (b)The maximum amount the City shall disburse to Company for infrastructure shall be Thirty-Nine Thousand and No/100 Dollars ($39,000.00); and Grand Island Council Session - 9/14/2021 Page 318 / 360 (c)Company agrees to allow City and GIAEDC to inspect the expansion prior to the payments required by this Section 5. 6.Company’s Representations and Warranties. Company represents and warrants to City and GIAEDC as follows: (a)Organization, Standing and Power. Company is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Nebraska and has the legal power to carry on its business as it is now being conducted. (b)Authority. The execution, delivery and performance of this Agreement by Company has been duly and validly authorized and approved by all necessary legal action on the part of Company. (c)Binding Agreement. This Agreement, when executed and delivered, will constitute the legal, valid and legally binding agreement of Company, enforceable against Company in accordance with its terms. (d)No Conflict with Other Instruments or Agreements. The execution, delivery and performance of this Agreement by Company will not result in a breach or violation of, or constitute a default under any agreement to which Company is bound, and will not be in violation of any statute, judgment, order, rule or regulation of any court, or any federal, state or other regulatory authority or governmental body having jurisdiction over Company in effect as of the Effective Date. (e)No Brokers. Company has not retained or agreed to compensate any broker or finder in connection with the transactions contemplated by this Agreement. (f)Operations. During the term of this Agreement, Company shall maintain operations in Grand Island, Nebraska. In the event that Company breaches any of the foregoing representations and warranties, all amounts distributed by City to Company pursuant to this Agreement shall immediately become due and owing by Company to City and if unpaid shall accrue interest at the rate of eight percent (8%) per annum until such amounts are repaid in full. 7.Company’s Obligation to Repay Funds. The Parties acknowledge and agree that the funds to be provided by City to Company pursuant to this Agreement are being provided in the form of an economic development loan and are subject to repayment in accordance with the terms and conditions of this Agreement if Company fails to perform its obligations under this Agreement. The Parties further acknowledge and agree that City shall forgive the entire economic development loan disbursed to Company representing a total of Four Hundred Twenty-Five Thousand and No/100 Dollars ($425,000.00) upon Company meeting the following conditions: (a)Company shall have complied with the terms and provisions of Sections 2 through 7 of this Agreement in all respects; and (b)If Company remains in compliance with the terms and provisions of Sections 2 through 7 of this Agreement in all respects, the economic development loan will be forgiven pursuant to the following schedule: Grand Island Council Session - 9/14/2021 Page 319 / 360 (i)On the first anniversary of the Effective Date, Twenty-Six Thousand Six Hundred Sixty-Six and no/100 Dollars ($26,666.00) of the economic development loan shall be forgiven; (ii)On the second anniversary of the Effective Date, One Hundred Eighty-Five Thousand Six Hundred Sixty-Six and No/100 Dollars ($185,666) of the economic development loan shall be forgiven; and (iii)On the third anniversary of the Effective Date, Two Hundred Twelve Thousand Six Hundred Sixty-Six and No/100 Dollars ($212,668.00) of the economic development loan shall be forgiven. 8.Default. In the event that Company fails to comply with any of the terms of this Agreement, City may declare Company to be in breach. Any such declaration shall be in writing and sent by US Mail or courier to Company at its last known address. In the event that City declares Company to be in breach, City may immediately terminate this Agreement by providing written notice of termination sent by US Mail or courier to Company at its last known address whereupon all amounts distributed by City to Company pursuant to this Agreement shall immediately become due and owing by Company to City and if unpaid shall accrue interest at the rate of eight percent (8%) per annum until such amounts are repaid in full. 9.Actions after Effective Date. From time to time after the Effective Date, without further consideration, each of the Parties will execute and deliver such documents and instruments as any other Party shall reasonably request to give full effect to the transactions contemplated by this Agreement. 10.Term. This Agreement (and all representations, covenants, agreements, obligations and warranties of Company, City and GIAEDC contained in this Agreement), shall remain in full force and effect until the earlier of the date that (a) the entire economic development loan has been forgiven pursuant to Section 7, or (b) Company has repaid all amounts provided to Company pursuant to this Agreement (in the event Company breaches its obligations under this Agreement) (such date, the “Termination Date”). From and after the Termination Date, this Agreement shall be of no further force or effect and no Party shall have any further obligations pursuant to this Agreement. 11.Amendment. No amendment or modification of this Agreement shall be binding on any Party unless the same shall be in writing and signed by all Parties. 12.Communication. Company agrees to inform City and GIAEDC of any changes in Company’s address, telephone number, email address or leadership within three (3) business days of such changes. Company also agrees to fully respond within fifteen (15) calendar days to any request for information from City and/or GIAEDC related to Company’s compliance with the terms of this Agreement. All responses to inquiries shall be in writing and provided to City and GIAEDC at the following addresses: Grand Island City Administrator 100 East First Street P.O. Box 1968 Grand Island, NE 68802-1968 Cityadministrator@grand-island.com Grand Island Area Economic Development Corporation Grand Island Council Session - 9/14/2021 Page 320 / 360 123 North Locust Street, Suite 201B P.O. Box 1151 Grand Island, NE 68802 mberlie@grandisland.org 13.Indemnification. Company agrees to indemnify, defend and hold City, GIADEC and their employees, officers, directors, agents, attorneys, affiliates and their respective successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense (including interest, penalties, attorneys’ fees and amounts paid in settlement) to which the Indemnified Parties may become subject arising out of or based upon a breach or default by Company of this Agreement. 14.Expenses. The Parties shall all pay their respective expenses incident to the preparation, execution and consummation of this Agreement. 15.Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective successors and assigns (including, without limitation, any purchaser of, or successor to, Company whether by purchase, merger, consolidation, reorganization, liquidation or any other type of transaction). 16.Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 17.Non-Waiver. Waiver of or acquiescence by City and/or GIAEDC in any default by Company, or any failure of City and/or GIAEDC to insist upon strict performance by Company of any warranties, agreements or other obligations contained in this Agreement shall not constitute a waiver of any subsequent or other default, failure or waiver of strict performance, whether similar or dissimilar. 18.Relationship of Parties. The Parties have entered into this Agreement solely for the purposes set forth in this Agreement. Nothing contained in this Agreement shall be construed to create or imply any (a) partnership or joint venture by or among of the Parties, or (b) any principal and agency relationship by or among the Parties. 19.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Nebraska, without giving effect to its conflict of laws principles. 20.Entire Agreement. This Agreement and the documents referred to in this Agreement constitute the entire agreement of the Parties respecting the subject matter contained in this Agreement and supersede any prior offers, understandings, agreements or representations by and between the Parties, written or oral, which may have related to the subject matter of this Agreement in any way. 21.Counterparts. This Agreement may be executed simultaneously in counterparts, each of which shall be deemed an original, but which together shall constitute the same instrument. Grand Island Council Session - 9/14/2021 Page 321 / 360 IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first above written. Hornady Manufacturing Company, a Nebraska corporation By:______________________________________ Its:______________________________________ City of Grand Island, Nebraska By:______________________________________ Its:______________________________________ Grand Island Area Economic Development Corporation By:______________________________________ Its:______________________________________ Grand Island Council Session - 9/14/2021 Page 322 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-234 WHEREAS, on November 6, 2012, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Hornady Manufacturing Company has applied for a forgivable loan for job creation, job training, and infrastructure in the amount of $425,000.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation on August 24, 2021 and was approved on September 2, 2021 by the Citizens Advisory Review Committee; and WHEREAS, Hornady Manufacturing Company will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Hornady Manufacturing Company as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Hornady Manufacturing Company, to provide $425,000.00 in economic assistance to Hornady Manufacturing Company to be used for job creation, job training, and infrastructure in Grand Island, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 323 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item I-2 #2021-235 - Consideration of Approving Cable Television Franchise Agreement with ALLO Grand Island, LLC Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/14/2021 Page 324 / 360 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:September 14, 2021 Subject:ALLO of Grand Island LLC Franchise Agreement Presenter(s):Stacy Nonhof, Interim City Attorney Background ALLO Grand Island LLC is seeking to offer cable television, internet, and telephone services within the City of Grand Island via a fiber cable system located within the public rights-of-way and public utility easements. ALLO Grand Island LLC is a Nebraska limited liability company in good standing with the Nebraska Secretary of State. It is affiliated with a group of limited liability companies that currently offer services or have services planned for the following Nebraska locations: Ashland Lakes, Alliance, Bridgeport, Columbus, Fremont, Gering, Hastings, Imperial, Kearney, Lincoln, Norfolk, North Platte, Ogallala, Scottsbluff, Valentine, and Wayne. They also operate systems in Colorado. A franchise agreement with the City of Grand Island is required to permit ALLO to occupy the City’s public rights-of-way and public utility easements. Discussion The proposed franchise agreement provides for a non-exclusive right to occupy public rights-of-ways and utility easements for the location of ALLO’s facilities and to operate a cable television service within the City of Grand Island. The terms of the proposed agreement are similar to the terms of the current franchise agreement between the City and Charter Communications, as that agreement requires any additional franchise agreement must contain substantially similar terms and conditions which do not provide more favorable terms or conditions than those required of Charter Communications, and the material provisions of any such agreement must be competitively neutral and nondiscriminatory and reasonably comparable to those contained in the Charter Communications franchise agreement. Like the Charter Communications agreement, the proposed ALLO agreement provides for a 5% franchise fee, the maximum allowed by law, and requires it to provide two government access channels for city programming. As with Charter Communications and other firms attaching to City’s utility poles, ALLO will pay an annual utility pole attachment fee at the rate established by the City’s fee schedule. Grand Island Council Session - 9/14/2021 Page 325 / 360 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends approval of the Franchise Agreement with ALLO Grand Island LLC. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/14/2021 Page 326 / 360 1 CABLE TELEVISION FRANCHISE AGREEMENT FOR THE CITY OF GRAND ISLAND, NEBRASKA AND ALLO GRAND ISLAND, LLC Grand Island Council Session - 9/14/2021 Page 327 / 360 2 AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into as of this day of , 2021, by and between the City of Grand Island, Nebraska, (hereinafter referred to as the “City”) and ALLO Grand Island, LLC (hereinafter referred to as the “Cable Operator”). WHEREAS, the City, pursuant to Chapter 9 of the Grand Island City Code, is authorized to grant one (1) or more nonexclusive, revocable, agreements to construct, reconstruct, operate, and maintain a cable communication system within the City; and WHEREAS, pursuant to Chapter 9 of the Grand Island City Code and in accordance with Section 626 of the Cable Communications Policy Act of 1984, the Cable Operator is agreeable to providing such services to the City and has made application to the City for renewal of its existing agreement; and WHEREAS, the City finds that the Cable Operator has substantially complied with the material terms of the existing agreement under applicable laws, and that the financial, legal and technical ability of the Cable Operator is sufficient to provide services, facilities and equipment necessary to meet the future cable-related needs of the community, and WHEREAS, the City Council wishes to grant to the Cable Operator and the Cable Operator wishes to accept the terms and conditions herein set forth for the use of City owned rights-of-way, of City owned easements, and of rights-of-way and access easements dedicated and accepted for public use by the City in installing and operating a Cable System in the City. WHEREAS, the City, after public proceedings and due evaluation, has determined that it is in the best interest of the City and its residents to grant a new franchise agreement to the Cable Operator for the term herein provided. WHEREAS, the City and Cable Operator have complied with all federal and State mandated procedural and substantive requirements pertinent to this franchise grant; NOW, THEREFORE, IN CONSIDERATION of the renewal of the franchise pursuant to this Agreement, the Cable Operator hereby agrees to comply with the provisions of this Agreement and Chapter 9 of the Grand Island City Code. The City hereby grants a franchise as hereinafter set forth: I.DEFINITIONS The following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number: A.“Agreement” shall mean the initial authorization or renewal thereof which authorizes the construction or operation of the Cable System. Grand Island Council Session - 9/14/2021 Page 328 / 360 3 B.“Applicable Law” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority. C.“Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Agreement to be carried on the basic tier in analog and/or digital format. Basic Cable Service as defined herein shall be consistent with 47 U.S.C. § 543(b)(7). D.“Cable Act” mean the Cable Communications Policy Act of 1984, as amended, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996 and any amendments thereto and any future cable television legislation. E.“Cable Service” or “Service” means (A) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. Cable Service as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(6). F.“Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include: (1)a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2)a facility that serves Subscribers without using any public Right-of-Way; (3)a facility of common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4)an open video system that complies with 47 U.S.C. § 573; or (5) any facilities of any electric utility used solely for operating its electric utility systems. Cable System as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(7). G.“Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Grand Island Council Session - 9/14/2021 Page 329 / 360 4 Channel as defined by the FCC. Cable Channel as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(4). H.“City” means the City of Grand Island, Nebraska or the lawful successor, transferee, or assignee thereof. I.“Converter” means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber. J.“Downstream” shall mean signals originating at the Headend or hubs and transmitted to Subscribers. K.“Drop” means the fiber cables and network interface unit connecting a Subscriber to the System. L.“FCC” shall mean the Federal Communications Commission or successor governmental entity thereto. M.“Franchise Fee” includes any tax, fee, or assessment of any kind imposed by the City or other governmental entity on Cable Operator or Subscriber, or both, solely because of their status as such. It does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers); capital costs which are required by the Agreement to be incurred by Cable Operator for public, educational, or governmental access facilities; requirements or charges incidental to the awarding or enforcing of the Agreement, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or any fee imposed under Title 17 of the United States Code. Franchise Fee defined herein shall be consistent with the definition set forth in 47 U.S.C. § 542(g). N.“Gross Revenues” means any and all revenue, as determined in accordance with generally accepted accounting principles and Applicable Law, received by Cable Operator from System to provide Cable Services in the Service Area; provided, however, that such phrase shall not include (1) any taxes, fees or assessments collected by the Cable Operator from Subscribers for pass-through to a government agency, including any sales or utility taxes; (2) unrecovered bad debt; (3) credits, refunds and deposits paid to Subscribers; (4) any exclusions available under Applicable Law. Notwithstanding anything herein to the contrary, but subject to Applicable Law, gross revenue shall include: 1) all Cable Service fees, 2) Franchise Fees, 3) late fees and returned check fees, 4) Installation and reconnection fees, 5) upgrade and downgrade fees, 6) local, state and national advertising revenue, 7) home shopping commissions, 8) equipment rental fees, and 9) guide revenue. City and Cable Operator acknowledge and agree that Cable Operator will maintain its books and records in accordance with generally accepted accounting principles (GAAP). Grand Island Council Session - 9/14/2021 Page 330 / 360 5 O.“Headend” shall mean the facility, including antennas and associated electronics which receives, controls, and switches the electronic information transmitted over the Cable System. P.“Installation” means any connection of the System from feeder cable to the point of connection including Standard Installations and custom Installations with the Subscriber Converter or other terminal equipment. Q.“Normal Business Hours” means those hours during which most similar businesses in City are open to serve Subscribers R.“Normal Operating Conditions” means those Service conditions which are within the control of Cable Operator. Those conditions which are not within the control of Cable Operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Cable Operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. Normal Operating Conditions as defined herein shall be consistent with the definition set forth in 47 C.F.R. § 76.309. S.“Other Programming Service” means information that a cable operator makes available to all Subscribers generally. Other Programming Services as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522 (14). T.“PEG” means public, educational and governmental. U.“Person” is any Person, firm, partnership, association, corporation, company, limited liability entity, excluding the City, or other legal entity. V.“Service Area” means the present boundaries of the City, and shall include any additions thereto by annexation or other legal means so that it covers both current and future areas subject to exceptions in Article VII hereof. W.“Service Interruption” means the loss of picture or sound on one (1) or more Cable Channels. Service Interruption as defined herein shall be consistent with the definition set forth in 47 C.F.R. § 76.309. X.“Standard Installation” means any residential or commercial Installation which can be completed using a Drop of one hundred twenty-five (125) feet or less. Y.“Street” means the surface of and the space above and below any public Street, road, highway, lane, path, alley, court, sidewalk, boulevard, parkway, drive or other easement now or hereafter held by the City. No reference in this Agreement to a “Street” shall be deemed to be a representation or guarantee by the City that its interests or other rights in such property are sufficient to permit its use for the installation and maintenance of a Cable System, and the Grand Island Council Session - 9/14/2021 Page 331 / 360 6 Cable Operator shall be deemed to gain only those rights which the City has the undisputed right and power to give. Z.“Subscriber” means any Person who receives broadcast programming distributed by a Cable System and does not further distribute it. Subscriber as defined herein shall be consistent with the definition set forth in 47 C.F.R. § 76.5(ee). AA.“Upstream” shall mean the transmission of signals through a Cable System from Subscribers to the Headend or hubs. BB.“Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. II GRANT OF AGREEMENT A.The City hereby grants to the Cable Operator, subject to the terms and conditions of this Agreement, a nonexclusive agreement which authorizes the Cable Operator to construct, operate and maintain a Cable System and offer Cable Service in, along, among, upon, across, above, over, under, or in any manner connected with Streets within the Service Area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any Street and all extensions thereof and additions thereto, such wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System. Nothing in this Franchise shall be construed to prohibit the Cable Operator from offering any service over its System that is not prohibited by Applicable Law. B.This Agreement is a contract negotiated in good faith by the parties and intended by both parties to govern the relationship between the parties; neither party may take any unilateral action that materially changes the explicit mutual promises and covenants contained herein. Any changes, modifications or amendments to this Agreement must be made in writing, signed by the Cable Operator and the City. To the extent consistent with the foregoing, this Agreement is subject to and the Cable Operator agrees to comply with the lawful and nondiscriminatory provisions of Grand Island City Code and other ordinances, statutes and regulations now in effect or hereafter made effective. Any conflict between this Agreement and the Multi-Channel Service Providers Regulatory Ordinance codified at Chapter 9 of the City Code as may be amended, shall be resolved in favor of this Agreement. Moreover, the specific terms of this Agreement will govern the parties in all cases where parallel regulation may also exist in Chapter 9 of the City Code. Subject to the foregoing and Applicable Law, the Cable Operator acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce lawful and nondiscriminatory ordinances necessary to the health, safety and welfare of the public and nothing in this Agreement shall be deemed to modify or reduce the City’s lawful police powers. Grand Island Council Session - 9/14/2021 Page 332 / 360 7 III RIGHT OF CITY TO ISSUE AGREEMENT The Cable Operator acknowledges and accepts the legal right of the City to issue this Agreement on the date of grant thereof. The Cable Operator agrees that this Agreement was granted pursuant to processes and procedures consistent with Applicable Law. IV EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective when approved by the City Council in accordance with Applicable Law and when the Cable Operator files its written acceptance of this Agreement and agreement to be bound by the terms herein with the City Clerk. If such acceptance is not filed within sixty (60) days after adoption by the City Council, this Agreement shall be void and of no force or effect. The grant of this Agreement shall have no effect on the Cable Operator’s duty under the prior agreement or any ordinance in effect prior to the effective date of this Agreement to indemnify or insure the City against acts and omissions occurring during the period that the prior agreement was in effect subject to Applicable Law regarding statutes of limitation. V TERM The term of this Agreement shall then be for a period of fifteen (15) years from the date of acceptance by the Cable Operator unless sooner terminated as provided in this Agreement. VI AGREEMENT NONEXCLUSIVE A.This Agreement shall not be construed as any limitation upon the right of the City to grant to other Persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other Streets, alleys, or other public ways or public places. The City specifically reserves the right to grant at any time during the life of this Agreement or renewal thereof, if any, such additional agreements for a wireline provider of Cable Service or Video Programming, to the extent permissible under Applicable Law, which (i) contain substantially similar terms and conditions which do not provide more favorable terms or conditions than those required of Cable Operator herein, and (ii) the material provisions thereof shall be competitively neutral and nondiscriminatory, in accordance with Applicable Law, and shall be reasonably comparable to those contained herein, in order that one wireline operator not be granted an unfair competitive advantage over another wireline operator as determined by City. B.Notwithstanding any provision to the contrary, if another wireline operator, legally authorized by state or federal law, makes available for purchase by Subscribers or customers Cable Service or its functional equivalent (including Video Programming under 47 U.S.C. § 571(a)(3) or § 573) within the Service Area without a Franchise or other similar lawful authorization granted by the City and the City has the lawful authority to require a franchise from that wireline operator, the City shall within thirty (30) days of a written request from Cable Operator, modify this Franchise to insure that the obligations applicable to Cable Operator are no more burdensome than those imposed on the new competing provider. If the City fails or refuses to make modifications consistent with this requirement, Cable Operator, upon ninety (90) days advance written notice to City, shall have the right to terminate this Franchise and secure a Grand Island Council Session - 9/14/2021 Page 333 / 360 8 replacement franchise, license, consent, certificate or other authorization from any appropriate governmental entity or exercise any other rights the Cable Operator may have under state or federal law. Nothing herein shall in any way limit or reduce Cable Operator’s right to provide Cable Service in the City under Applicable Laws, nor the City’s right to regulate Cable Operator’s provision of Cable Service in the City under Applicable Laws. VII SERVICE AREA AND LINE EXTENSIONS A.Cable Operator shall use commercially reasonable best efforts to extend the System to pass every residence within the Service Area no later than the fourth (4th) anniversary date of the Effective Date of this Agreement. Commercially reasonable best efforts shall take into consideration customer demand, competitive offerings from other providers, System extension costs, weather conditions, and other potential unforeseen issues outside of Cable Operator’s control that adversely affect the ability to extend the System within such timeframe. VIII SYSTEM A.System. Cable Operator shall operate and maintain for the term of this Agreement a System providing a minimum of 550 MHz. B.Public, Educational and Governmental Access. (1) Cable Operator shall provide two (2) PEG Access Channels on the Basic Service Tier. The Cable Operator will provide downstream transmission of such Access Channels on its Cable System at no charge to the City. The PEG Access Channels shall be carried on the Basic Service tier in compliance with all applicable FCC rules. All PEG Access Channels shall meet FCC technical standards commensurate with those which apply to the Cable System's commercial channels, provided that the Cable Operator shall not be responsible for the production quality of PEG access programming. (2) The Cable Operator shall not interfere with the ability of competing cable operators or other providers of multichannel video programming designated by the City to obtain or transmit to their own subscribers the content of any of the programming on the PEG Channels. (3) The Cable Operator shall provide all necessary technical equipment and support to provide a high-quality return feed of cable signals from the City’s PEG Origination Facilities at City Hall to the Cable System headend. The Cable Operator shall own, maintain, and repair or replace any Cable Operator-owned headend or hub-site audio or video signal processing equipment. The City shall own, maintain, and repair or replace its studio and modulators and demodulators. The demarcation point between the Cable Operator's equipment and the City's shall be at the output of the City's modulators. (4) The City shall manage the use of the PEG Access Channels. Grand Island Council Session - 9/14/2021 Page 334 / 360 9 (5) Except as otherwise provided by Applicable Law as it may be in effect from time-to-time, any costs to the Cable Operator associated with the provision of support for public, educational or governmental access pursuant to this Agreement shall not be treated by the Cable Operator, or considered in any way by the Cable Operator, as a Franchise Fee. (6) Except as expressly permitted by federal law, the Cable Operator shall not exercise any editorial control over the content of programming on the PEG Channels. (7) Within ninety (90) days of acceptance of this Agreement, the Cable Operator shall initiate a forty cents ($.40) per Subscriber, per month PEG capital fee, which shall be paid to the City quarterly in the same manner as Franchise Fees, throughout the life of this Agreement, solely to fund PEG access related capital expenditures (hereinafter “Access Fee”). Except as otherwise provided by Applicable Law as it may be in effect from time-to-time, the Access Fee payments by the Cable Operator to City in support of PEG access programming shall not be deemed “Franchise Fees” within the meaning of the Cable Act provided that the City utilizes the Access Fee solely for PEG access-related capital expenditures. C.Undergrounding requirements. The Cable Operator shall at all times comply with the City Code regarding undergrounding requirements; provided however, the Cable Operator may construct or upgrade its facilities aerially where existing utility(ies) are aerial and shall convert such facilities to underground when the existing utility(ies) are being converted on a schedule consistent with that of the other utilities. If public funds are available to any company, excluding the City or its affiliates, using such Street, easement, or right-of-way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the Cable Operator. IX TECHNICAL STANDARDS A.The Cable System shall at all times operate so that, at a minimum and in accordance with Applicable Law, it complies with the technical specifications promulgated by the FCC relating to Cable Communications Systems pursuant to the FCC’s rules and regulations and found in Title 47, Section 76.01 to 76.617, (as they may be amended from time to time), which regulations are expressly incorporated herein by reference. B.Cable Operator shall perform all System tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Agreement. C.Written records of all System test results performed by or for Cable Operator shall be maintained, and shall be available for City inspection upon request. D.Technical Tests. The City may perform technical tests of the Cable System by qualified Persons with proper equipment during reasonable times and in a manner which does Grand Island Council Session - 9/14/2021 Page 335 / 360 10 not unreasonably interfere with the Normal Operating Conditions of the Cable Operator or the Cable System in order to determine whether or not the Cable Operator is in compliance with FCC Technical Specifications. Such tests may be undertaken only after giving the Cable Operator reasonable notice thereof, and providing a representative of the Cable Operator, an opportunity to be present during such tests. In the event that such testing demonstrates that the Cable Operator has substantially failed to comply with the material provisions of the FCC Technical Specifications, the reasonable costs of such tests shall be borne by the Cable Operator. In the event that such testing demonstrates that the Cable Operator has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the City. Except in emergency circumstances, the City agrees that such testing shall be undertaken no more than one (1) time per calendar year, and that the results thereof shall be made available to the Cable Operator. E.Notice of shutdown. At least twelve (12) hours before any planned shutdown, the Cable Operator shall give notice to affected Subscribers when possible, of maintenance or major equipment change-outs which require loss of Cable Service to twenty-five (25) or more customers. X SYSTEM DESIGN AND CAPACITY A.Buried Drops. A Cable Operator must bury new Drops within a reasonable time period, subject to weather conditions. In the event the ground is frozen, a Cable Operator will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 1st. B.All Drops shall comply with the National Electrical Code and the National Electrical Safety Code in effect at the time the Drop is performed, as they relate to cable television Drop installation. C.Local Office. (1)For a minimum period of eight (8) years after the effective date of this Agreement, Cable Operator shall maintain a location in the City for receiving Subscriber inquiries, bill payments, and equipment transfers. The location must be staffed by a Person capable of receiving inquiries and bill payments and the location shall be open hours that are at the sole discretion of the Cable Operator that are economic and business logical. At such time as the Cable Operator may close the local office in the City (following completion of the first eight (8) years of this Franchise), Cable Operator shall maintain a drop box within the Service Area for receiving Subscriber payments. Subject to the foregoing, in the event another wireline multichannel video program distributor (“MVPD”) provides video service in the City and does not have an existing franchise or contractual obligation to maintain a local office in the City, Cable Operator may elect to Grand Island Council Session - 9/14/2021 Page 336 / 360 11 forego or cease operation of a local office or substantially reduce its functions in its sole discretion. (2)Payments at Cable Operator’s drop box location shall be deemed received on the date such payments are picked up by the Cable Operator if deposited no later than 3 PM of that day. Payments deposited later than 3 PM may be considered to be received in the following business day’s processing. D. Additional Construction Codes. (1)The Cable Operator shall at all times comply with: (a)National Electrical Safety Code (National Bureau of Standards); (b)National Electrical Code (National Bureau of Fire Underwriters); and (c)Applicable FCC or other federal, state and local regulations, including such construction, installation, and maintenance operational standards as may be adopted by the City from time to time and good and accepted industry practices as they pertain to the cable television industry. XI GENERAL PROVISIONS The following provisions shall be applicable to the Cable System throughout the life of this Agreement. A.Emergency Alert Capabilities. The Cable Operator shall continue to provide the existing Emergency Alert System (“EAS”). However, if the EAS is not tested at regular intervals by the appropriate civil defense authority, the Cable Operator shall not be liable if such EAS does not perform at required levels. In the case of any emergency or disaster, the Cable Operator shall, upon request of the City, make available its facilities and personnel to the City to provide technical assistance with the operation of the EAS during the emergency or disaster period. The EAS shall comply with FCC Standards. B.Parental Control Devices. The Cable Operator shall provide Subscribers the ability to lock out such Channels as they may desire and provide equipment to lock out such Channels. C.Employee Identification. The Cable Operator shall provide a standard identification document to all employees, including employees of subcontractors, who will be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, the Cable Operator shall use its best efforts to clearly identify all personnel, vehicles, and other major equipment that are operating under the authority of the Cable Operator. Grand Island Council Session - 9/14/2021 Page 337 / 360 12 D.Complimentary Cable Television Service. Except as provided herein, Cable Operator shall provide throughout the term of this Agreement, one complementary Basic Cable Television Service and expanded basic level of Cable Television Service or the future equivalent of such tiers of Service (“Complementary Service”), without charge to governmental and educational buildings designated by the City’s City Administrator, not to exceed 41 such designated buildings. The governmental or educational entity receiving the Complementary Service shall be responsible for installation and equipment fees at the Cable Operator’s rates charged to residential customers within the Service Area. Notwithstanding the foregoing, City acknowledges and agrees that Cable Operator’s obligations in this Section shall at all times be subject to Applicable Law. Upon 30 days prior written notice to City, Cable Operator may apply as an offset to the Franchise Fees the costs incurred by Cable Operator to provide Complementary Service. At any time throughout the term of this Agreement, City may provide written direction to Cable Operator to terminate the provision of Complementary Service. Within ten (10) calendar days following the mailing of such notice, Cable Operator shall terminate the Complementary Services and shall not be permitted to offset against the Franchise Fee the costs incurred for Complementary Services provided by Cable Operator following the date of termination. E.Reporting. In addition to the other reporting requirements provided herein the Cable Operator shall, upon request, submit reports to the City in a mutually agreed upon format consistent with the Cable Operator’s existing Systems, and demonstrate the Cable Operator’s compliance with the terms and provisions of this Agreement. F. Annexation by Municipality. It is understood that the annexation by the City of areas in the unincorporated part of the City and which are being served by the Cable Operator shall be governed by the provisions of this Agreement. The City shall promptly provide written notice to the Cable Operator of this annexation of any territory. Such annexed area will be subject to the provisions of this Franchise upon sixty (60) days written notice from the City, subject to the provisions of this Agreement. Cable Operator shall within ninety (90) days after receipt of the annexation notice, pay the City franchise fees on revenue received from the operation of the System to provide Cable Services in any area annexed by the City if the City has provided a written annexation notice XII SUBSCRIBER RIGHTS AND COMPLAINTS A.The Cable Operator shall comply with the standards and requirements for customer service set forth in Attachment A throughout the term of this Agreement. B.Subscriber Contracts. Annually, Cable Operator shall provide the City with any standard form residential Subscriber contract utilized by Cable Operator. A list of Cable Operator’s current Subscriber rates and charges for Cable Service shall be provided to the City and shall be available for public inspection. Grand Island Council Session - 9/14/2021 Page 338 / 360 13 C.Refund Policy. Cable Operator shall maintain a refund policy consistent with 47 U.S.C. §76.309(c)(3). If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, the Cable Operator shall, upon request by the Subscriber within sixty (60) days of such interruption or discontinuation, credit such Subscriber pro rata for such interruption or discontinuation. D.Late Fees. Cable Operator shall comply with all Applicable Laws with respect to any assessment, charge, cost, fee or sum, however characterized, that the Cable Operator imposes upon a Subscriber for late payment of a bill. E.Disputes. All Subscribers and members of the general public may direct complaints, regarding Cable Operator’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or commission of the City. F.Subject to the privacy provisions of 47 U.S.C. § 521 et seq. (1993), Cable Operator shall prepare and maintain written records of all written complaints made to them and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of Cable Operator. Upon request, Cable Operator shall provide City with a summary of such complaints. XIII EQUAL OPPORTUNITY The Cable Operator shall comply with Applicable Law regarding equal employment opportunity and the provision of Cable Service in the City. XIV AGREEMENT RENEWAL The City and the Cable Operator agree that renewal of this Agreement shall be governed by the requirements of the Cable Act, 47 U.S.C. Section 546, as may from time to time be amended. XV FRANCHISE FEE A.The Cable Operator shall pay, as a Franchise Fee, to the City five percent (5%) of the Cable Operator’s annual Gross Revenues collected during the period of its operation under this Agreement in the City. Each payment shall be accompanied by a brief report, certified as true and correct by a financial representative of the Cable Operator, showing the basis for the computation in form and substance substantially the same as Attachment B attached hereto. B.The Cable Operator shall file with the City, forty-five (45) days after the last day of each quarter, a revenue statement showing the Gross Revenues received by it during the preceding quarter. The Cable Operator shall pay on a quarterly basis (by the 45th day after the end of each quarter) the Franchise Fee to the City for the preceding quarter. Grand Island Council Session - 9/14/2021 Page 339 / 360 14 C.The City shall have the right to audit and copy the Cable Operator’s revenue records with respect to the Cable System within the City and all relevant records, and to recompute any amounts determined to be payable under this Agreement. If the results of the audit by the City show a discrepancy of more than five percent (5%) in the Franchise Fee that were to be paid to the City, the Cable Operator shall assume all reasonable document out-of- pocket costs of such audit, and pay same upon demand by the City, costs not to exceed Seven Thousand Five Hundred Dollars ($7,500). This cost reimbursement shall only be permitted, if applicable, two (2) times during the fifteen (15) year franchise term. D.In the event that any Franchise Fee payment is not received by the City on or before the applicable due date, the City shall send a written notice to Cable Operator informing the Cable Operator of the past due payment. If Cable Operator fails to remit payment within ten (10) days of receipt of said written notice from City, the Cable Operator shall remit a late payment surcharge of one percent (1.0%) per month of the total amount of the Franchise Fee payment due. The City shall not be entitled to any additional interest or liquidated damages unless the Cable Operator, thirty (30) days following receipt of the above referenced written notice from City has not remitted the applicable Franchise Fee payment and late payment surcharge to the City. Thereafter, the City shall be entitled to any and all available enforcement remedies under the Agreement and Applicable Law. In the event this Agreement is revoked or otherwise terminated prior to its expiration date, the Cable Operator shall file with the City, within ninety (90) days of the date of revocation or termination, a revenue statement showing the Gross Revenues received by it since the end of the previous year and shall make adjustments at that time for the Franchise Fee due up to the date of revocation or termination. E.No acceptance of any payment by the City shall be construed as a release, waiver or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a tax, fee or for the performance of any other obligation of the Cable Operator. F.In the event federal law is amended to allow Franchise Fees in excess of five percent (5%) of Gross Revenues, the City shall be entitled to raise said Franchise Fees payable by the Cable Operator up to the maximum allowed by federal law, subject to the Cable Operator’s prior written agreement. G.The Franchise Fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the City, the State of Nebraska, or the United States, including without limitation sales and other taxes, business license fees or other payments. XVI REGULATION, RATES, AND CHARGES A.Regulatory Authority. The City may exercise, continue to exercise, assign or delegate appropriate regulatory authority under the provisions of this Agreement or Applicable Law. Regulation may be exercised through any duly designated consortium, duly established Grand Island Council Session - 9/14/2021 Page 340 / 360 15 state body, or other entity created or appointed to advise or support the City or to handle its regulatory responsibilities subject to Applicable Law. B.The City and the Cable Operator acknowledge that any rates and charges relating to the provision of Cable Service and equipment under this Agreement shall be governed by Applicable Laws and the rules and regulations of the FCC (as amended). The City and Cable Operator do not waive any right they may have under Applicable Law.. The City and the Cable Operator, in evaluating and resolving any matters which arise concerning rates and charges, will adhere to Applicable Laws and FCC rules and regulations. XVII CONSTRUCTION PROVISIONS The Cable Operator shall at all times comply with the City Code regarding right-of-way use. XVIII INSURANCE AND BONDS OR OTHER SURETY PROVISIONS A. Insurance Requirements. (1)Cable Operator shall maintain in full force and effect, at its own cost and expenses, during the term of this Agreement, comprehensive general liability insurance in the amount of Two Million and No/100 Dollars ($2,000,000.00) combined single limit for bodily injury, death and property damage. City, and their capacity as such, City’s officers, agents and employees, shall be named as an additional insured on the policy and Cable Operator shall file a Certificate of Insurance with the City Clerk. The Cable Operator shall furnish the City with current certificates of insurance evidencing such coverage. (2)Each policy of insurance (including the certificates of insurance evidencing such coverage) shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for non-payment of premium, or otherwise, and whether at the request of Cable Operator or for other reasons, except after thirty (30) calendar days advanced written notice from the insurer to the City Clerk, which may be provided electronically or by US mail. B. Bonds and Other Surety. At all times hereunder until the Cable Operator has liquidated all of its obligations under the Agreement to the City, the Cable Operator shall furnish a bond or other surety in the amount of Twenty-Five Thousand Dollars ($25,000), conditioned upon the faithful performance by the Cable Operator of its material obligations under this Agreement. The City may, from year to year and in its sole discretion, reduce the amount of any such bond or other surety. The bond or other surety shall insure the faithful performance by the Cable Operator of all the provisions of this Agreement, and compliance with all orders, permits and directions of the City and the payment by Cable Operator of any claim, penalties, damages, liens and taxes due the City related thereto or which arise by reason of the construction, operation or maintenance of the Cable System. Any failure by Cable Operator to provide the bond or other surety as required herein shall constitute a breach of this Agreement Grand Island Council Session - 9/14/2021 Page 341 / 360 16 XIX PERFORMANCE GUARANTEE ESCROW; AND LIQUIDATED DAMAGES A.In the event that the City has reason to believe that the Cable Operator has defaulted in the performance of any material provision of this Agreement, except as excused by force majeure, the City shall notify the Cable Operator in writing, by certified mail, of the provision or provisions of which the City believes Cable Operator to be in default and the details relating thereto (“Alleged Default Notice”). B.Cable Operator shall have thirty (30) days from receipt of the notice described in paragraph (A) above to (a) respond to the City contesting the assertion of non-compliance, or (b) to cure such default or, in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed. In such case the City shall establish a reasonable deadline when such cure shall be completed having considered the reasonable input of the Cable Operator. C.In the event that Cable Operator fails to respond to the notice described in paragraph A above pursuant to the procedures set forth in paragraph B above, the City shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly or specially scheduled meeting of the City. The City shall notify the Cable Operator in writing via certified mail, of the time and place of such meeting at least fourteen (14) days prior to such meeting and provide the Cable Operator with an opportunity to be heard. D.Subject to the notice and cure requirements of this section, the City shall be authorized to withdraw from the bond or other surety the following penalties: (1)For failure to provide data, documents, reports or information or to participate with the City during a System review, the penalty shall be One Hundred Fifty and No/100 Dollars ($150.00) per day. (2)For failure to comply with any material provisions of this Agreement for which a penalty is not otherwise specifically provided, the penalty shall be One Hundred Fifty and No/100 Dollars ($150.00) per day. (3)For failure to test, analyze and report on the performance of the System following a request by the City, the penalty shall be One Hundred and No/100 Dollars ($100.00) per day. (4)Subject to applicable federal and state law, in the event the City determines that Cable Operator is in default of any provision of the Agreement and the Cable Operator has not cured such default in accordance with the terms of this Agreement, the City may: Foreclose on all or any part of any security provided under this Agreement, if any, including, without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the City reasonably determines is necessary to remedy the default; or Grand Island Council Session - 9/14/2021 Page 342 / 360 17 (5)Draw against the bond or other surety all penalties due it, as provided for under this Agreement; or (6)Commence an action at law for monetary damages or seek other equitable relief; or (7)Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages. (8)See termination in accordance with Section XXI. E.The Cable Operator shall not be relieved of any of its obligations to comply promptly with any provision of the Agreement by reason of any failure of the City to enforce prompt compliance. XX TERMINATION A.In addition to all other rights and powers retained by the City under this Agreement, the City reserves the right to terminate this Agreement, and the Cable Operator’s rights hereunder, in the event the Cable Operator shall default in the performance of any material term, covenant or agreement of this Agreement. By way of example, and not limitation, the City shall have the right to terminate this Agreement if the Cable Operator shall fail to cure any material default under this Agreement as provided in Section XX. B.Before the City may terminate this Agreement and the Cable Operator’s rights hereunder, the City shall conduct a public hearing, at which time the Cable Operator shall be given an opportunity to attend and present evidence and argument in opposition to the forfeiture or termination of this Agreement. The Cable Operator shall be provided with not less than thirty (30) days notice prior to such public hearing. C.Any such declaration of forfeiture or termination shall be subject to judicial review as provided by law. D.Nothing herein contained shall limit or restrict any legal rights that the City or the Cable Operator may have arising from a default in the performance of the terms, conditions and covenants of this Agreement by the Cable Operator. XXI REMOVAL OF CABLE SYSTEM A.In the event of termination or forfeiture of the Agreement or abandonment of the System, the City may require the Cable Operator to remove all or any portion of its System from all rights-of-way and public property within the City; provided, however, that the Cable Operator will not be required to remove those portions of its System so as long as Cable Operator is providing any service not prohibited by Applicable Law. Grand Island Council Session - 9/14/2021 Page 343 / 360 18 B.If the Cable Operator does not require all or any portion of the System required to provide any services not prohibited by Applicable Law, and has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for removal is given, or if the Cable Operator has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Agreement toward removal. XXII TRANSFER OF OWNERSHIP OR CONTROL Cable Operator’s right, title or interest in this Agreement shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, such consent not to be unreasonably withheld. No such consent shall be required, however, if the sale, transfer, assignment or encumbrance is to an affiliate of Cable Operator, when said affiliate is a wholly owned subsidiary. Additionally, no such consent shall be required, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Cable Operator in this Agreement or Cable System in order to secure indebtedness. XXIII PERIODIC REEVALUATION AND RENEGOTIATIONS A.Since the field of cable communications is rapidly evolving and many technological, regulatory, financial, marketing, legal, competitive, and other changes are likely to occur during the life of this Agreement, a degree of flexibility is needed in order to achieve and maintain a Cable System that adequately serves the public interest. To this end, and subject to Applicable Law, this Agreement may be amended by mutual written agreement of the City and Cable Operator. B.The City may evaluate the Cable Operator’s Cable Service and operations no more than once every five (5) years during the term of this Agreement. C.The City and the Cable Operator may meet at other times to discuss and negotiate changes to this Agreement which are mutually agreed upon by both parties. D.During any review and evaluation session, the Cable Operator shall cooperate with the City and shall provide such reasonable information and upon such terms and conditions as the parties shall mutually agree upon. XXIV RIGHTS OF INDIVIDUALS As previously set forth, the Cable Operator shall not deny Service, deny access nor otherwise discriminate against Subscribers, Channel users or any Person on the basis of race, creed, color, religion, national origin, sex, ancestry, age or marital status. The Cable Operator shall comply with all Applicable Laws relating to non-discrimination and privacy. Liability for obscenity, defamation or invasion of privacy on any PEG Channels shall rest with the Person, group of Persons or any organization utilizing said PEG Channels, and no indemnification or liability of the Cable Operator is hereby intended or provided herein. The Cable Operator shall Grand Island Council Session - 9/14/2021 Page 344 / 360 19 comply with all the privacy provisions pursuant to 47 USC §551 of the Cable Act or other Applicable Laws or regulations. XXV COOPERATION The parties recognize that it is in their mutual best interests for the Cable System to be operated as efficiently as possible. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this Agreement. XXVI WAIVER The failure of the City at any time to require performance by the Cable Operator of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof or the failure of the City to require or enforce prompt compliance be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. Nothing herein shall be deemed to waive or modify any statute of limitation or any lawful defense which is available to Cable Operator. XXVII BOOKS AND RECORDS A.Throughout the term of this Franchise, the Cable Operator agrees that the City, upon reasonable prior written notice to the Cable Operator, may review such of the Cable Operator’s books and records regarding the operation of the Cable System and the provision of Cable Service in the City which are reasonably necessary to monitor and enforce Cable Operator’s compliance with the provisions of this Agreement. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Cable Operator for a minimum period required by Applicable Laws. The Cable Operator shall not deny the City access to any of the Cable Operator's records on the basis that the Cable Operator's records are under the control of any parent corporation, affiliated entity or a third party. The Cable Operator agrees that the City may upon ten (10) days written request review and copy such of its books and records, during Normal Business Hours and on a non-disruptive basis in a location not more than twenty (20) miles from the City. The Cable Operator shall maintain sufficient books and records of customer service, customer complaints and billing and maintain other books and records in Grand Island to monitor compliance with the terms hereof. B.Confidential Information. Cable Operator may choose to provide any confidential books and records that it is obligated to make available to the City pursuant to Section XXVIII A of this Agreement, by allowing the City, or its designated representative(s), to view the books and records at a mutually agreeable location and without City obtaining its own copies of such books and records. Alternatively, confidential or proprietary information may be disclosed pursuant to a reasonable mutually agreeable non-disclosure agreement which shall substantially in the same form as attached as Attachment D, subject to modification as specifically required under Applicable Law. The intent of the parties is to work cooperatively to ensure that all books Grand Island Council Session - 9/14/2021 Page 345 / 360 20 and records reasonably necessary for City’s monitoring and enforcement of franchise obligations are provided to City. To the extent that Cable Operator does provide books or records directly to the City, City agrees to keep confidential any proprietary or confidential books or records to the extent permitted by Applicable Law and Attachment D. Cable Operator shall be responsible for clearly and conspicuously identifying any confidential or proprietary information so as to prevent inadvertent disclosure. XXVIII CUMULATIVE RIGHTS The rights and remedies reserved to the City and Cable Operator by this Agreement are cumulative and shall be in addition to and not in derogation of any other legal or equitable rights or remedies which the City and Cable Operator may have with respect to the subject matter of this Agreement, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. XXIX COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS The Cable Operator, its contractors, employees, and agents shall comply with all Applicable Laws, rules, and regulations. Except as otherwise provided for herein, the Cable Operator and the City shall be entitled to all rights and be bound by all changes in local, state, and federal law which occur subsequent to the effective date of this Agreement. In addition to the inherent powers of the City to regulate and control the Cable Operator under this Agreement, and those powers expressly reserved by the City, or agreed to and provided for herein, the right and power is hereby reserved by the City to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers, subject to Section II.B. herein. XXX NOTICES Every notice or response to be served upon the City or the Cable Operator shall be in writing, and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid. The notices or responses to the City shall be addressed as follows: The City of Grand Island, Nebraska Attention: City Administrator’s Office 100 East First Street, Box 1968 Grand Island, NE 68802 The notices or responses to the Cable Operator shall be addressed as follows: ALLO Grand Island, LLC Attn: Brad Moline, President 330 S. 21st Street Grand Island Council Session - 9/14/2021 Page 346 / 360 21 Lincoln, Nebraska 68510 With a non-binding courtesy copy to: ALLO Grand Island, LLC Attn: Legal Department 121 S. 13th Street, Suite 100 Lincoln, Nebraska 68508 The City and the Cable Operator may designate such other address or addresses from time to time by giving notice to the other. XXXI CAPTIONS The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein. XXXII INDEMNIFICATION Cable Operator hereby agrees to indemnify and hold the City, including its agents, elected and appointed officials and employees, harmless from any claims, actions, liabilities or damages resulting from the actions of Cable Operator in constructing, operating or maintaining the Cable System or arising from the existence of the Cable System in the City. City agrees to give the Cable Operator written notice of its obligation to indemnify City within ten (10) days of receipt of a claim or action pursuant to this section. Notwithstanding the foregoing, the Cable Operator shall not be obligated to indemnify City for any damages, liability or claims resulting from the willful misconduct or negligence of City or for the City’s use of the Cable System. XXXIII GOVERNMENTAL IMMUNITY The City is relying on, and does not waive, or intend to waive, by any provision of this Agreement, any right, immunity, limitation or protection (including complete damage immunity) otherwise available to the City, its officers, employees or agents under Applicable Law. XXXIV FORCE MAJEURE Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including but not limited to; acts of God, fire, explosion, vandalism or other similar catastrophes; national emergencies; insurrection; strike or organized work slowdown; riots or wars. XXXV TIME IS OF THE ESSENCE Whenever this Agreement sets forth any time for any act to be performed by either of the parties, such time shall be deemed to be of the essence of this Agreement. Grand Island Council Session - 9/14/2021 Page 347 / 360 22 XXXVI CONSTRUCTION OF AGREEMENT Except as otherwise provided for herein, this Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Nebraska (as amended), the Cable Act as amended, any applicable rules, regulations and orders of the FCC and any other Applicable Laws, rules, regulations, legislation, or orders (as such now exist, are later amended or subsequently adopted). XXXVII NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third Persons or the public in any manner which would indicate any such relationship with the other. XXXVIII ENTIRE AGREEMENT This Agreement and all attachments represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof: and supersede all prior oral negotiations between the parties. This Agreement can be amended, supplemented, modified, or changed only by an agreement in writing which makes specific reference to this Agreement or to the appropriate attachment and which is signed on behalf of both parties. XXXIX ACTIONS OF THE CABLE OPERATOR In any action by the City or the Cable Operator mandated or permitted under the terms hereof, it shall (unless specified otherwise in this Agreement) act in a reasonable, expeditious, and timely manner. XL SEVERABILITY If any section, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, unconstitutional or unenforceable, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term, or provision hereof, all of which will remain in full force and effect for the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:CITY OF GRAND ISLAND, NE Grand Island Council Session - 9/14/2021 Page 348 / 360 23 City Clerk Mayor ALLO GRAND ISLAND, LLC Bradley A. Moline, President ATTACHMENT A. CUSTOMER SERVICE STANDARDS A.Cable System office hours and telephone availability. (i)The Cable Operator will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. (ii)Trained company representatives will be available to respond to Subscriber telephone inquiries during Normal Business Hours. (iii)After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained company representative on the next business day. (iv)Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (v)The Cable Operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (vi)Under Normal Operating Conditions, the Subscriber will receive a busy signal less than three percent (3%) of the time. Grand Island Council Session - 9/14/2021 Page 349 / 360 24 (vii)Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. B.Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following four (4) standards will be met no less than ninety five percent (95%) of the time measured on a quarterly basis: (i)After the two (2) year anniversary date of this Agreement, Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system. (ii)Excluding conditions beyond the control of the Cable Operator, the Cable Operator will begin working on “Service Interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. The Cable Operator must begin actions to correct other Service problems the next business day after notification of the Service problem. (iii)The “appointment window” alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (The Cable Operator may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the Subscriber.) (iv)The Cable Operator may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment. (v)If a Cable Operator representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the Subscriber. C.Communications between the Cable Operator and Subscribers (i.)Notifications to Subscribers. (1) The Cable Operator shall provide written information on each of the following areas at the time of Installation of Cable Service on its website:: a.Products and Cable Services offered; b.Prices and options for programming services and Grand Island Council Session - 9/14/2021 Page 350 / 360 25 conditions of subscription to programming and other services; c.Installation and service maintenance policies; d.Instructions on how to use the Cable Service; e.Channel positions of programming carried on the Cable System; and f.Billing and complaint, procedures, including the address and telephone number of the City’s cable office. Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by the Cable Operator, including the address of the responsible officer of the City. (2)Customers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Cable Operator. In addition, the Cable Operator shall notify Subscribers thirty (30) days in advance of any significant changes in the information required by Section (C)(i)1(a)-(f) of this Attachment A. (3)In addition to the requirement of subparagraph (2) of this section regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Cable Operator shall give thirty (30) days’ written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, the Cable Operator need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. (4)To the extent Cable Operator is required to provide notice of Service and rate changes to Subscribers, the Cable Operator may provide such notice using any reasonable written means at its sole discretion. (5)Notwithstanding any other provision of this section, Cable Operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, Franchise Fee, or any other fee, tax, assessment, or Grand Island Council Session - 9/14/2021 Page 351 / 360 26 charge of any kind imposed by any federal agency, state, or City on the transaction between the Cable Operator and the Subscriber. D.Billing. (i.)Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (ii.)In case of a billing dispute, the Cable Operator must respond to a written complaint from a Subscriber within thirty (30) days. E.Refunds. Refund checks will be issued promptly, but no later than either: (i.)The Subscriber’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (ii.)The return of the equipment supplied by the Cable Operator if service is terminated. F.Credits. Credits for Service will be issued no later than the Subscriber’s next billing cycle following the determination that a credit is warranted. Grand Island Council Session - 9/14/2021 Page 352 / 360 27 ATTACHMENT B. FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET – CONFIDENTIAL Month/Year Month/Year Month/Year Total Cable Service Revenue Installation Charge Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Other Revenue Equipment rental REVENUE Fee Calculated Fee Factor: 5% Grand Island Council Session - 9/14/2021 Page 353 / 360 28 ATTACHMENT C Reserved. Grand Island Council Session - 9/14/2021 Page 354 / 360 29 ATTACHMENT D. NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT is made as of , 2021 between ALLO Grand Island, LLC (“ALLO”) and the City of Grand Island, NE (“Recipient”). WHEREAS, ALLO holds a cable television franchise (“Agreement”) issued by Recipient which requires that ALLO make available certain of its books and records to verify ALLO’s compliance with the terms and provisions of the Agreement; and WHEREAS, ALLO is making available for inspection by Recipient certain Confidential Material (as defined below) for the sole and exclusive purpose of permitting Recipient to perform an audit of the payments required under the Agreement and to compile a written report based on the audit findings (the “Purpose”); and WHEREAS, as a condition to making the Confidential Material available, the parties desire to protect the confidential nature of the Confidential Material in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the foregoing and of the promises contained in this Agreement, ALLO and Recipient hereby agree as follows: 1.Confidential Material. For purposes of this Agreement, the term Confidential Material shall include all business, financial, technical and other information concerning ALLO’s business, provided in writing or in any other form or media; provided, however, that “Confidential Material” shall not include any information that (a) becomes generally available to the public other than as a result of disclosure, directly or indirectly, by Recipient or its Representatives (as defined below), or (b) was available to Recipient on a non-confidential basis prior to disclosure by ALLO, (c) is lawfully obtained from a third party under no obligation of confidentiality, (d) is developed by the Recipient or is generally disclosed by ALLO to third parties without an obligation of confidentiality. This Agreement imposes no obligation on Recipient with respect to any portion of the Confidential Material disclosed by ALLO, unless such portion is marked “CONFIDENTIAL” prior to submitting such information to Recipient. 2.Restriction on Use and Disclosure. Consistent with Section of the Agreement, ALLO shall provide all books and records requested by the City or City’s agent in the following manner: 1) a mutually acceptable physical location within the City; or 2) via mail or electronic communication acceptable to the City and Cable Operator. Recipient and its Representatives may make such notes with respect to the Confidential Material (“Notes”) as may be necessary for the Purpose, and all such Notes shall be treated as Confidential Material hereunder. Recipient shall use the Confidential Material solely in furtherance of the Purpose, and shall not disclose the Confidential Material or any portion thereof to any person except those of its employees, consultants and advisors who need to know such information in furtherance of the Purpose (the persons to whom such disclosure is permitted being collectively referred to as “Representatives”). Recipient agrees that, before disclosing the Confidential Material or any portion thereof to any Representatives, Recipient will inform the Representatives of the Grand Island Council Session - 9/14/2021 Page 355 / 360 30 confidential nature of the Confidential Material and of the Representatives’ duty to treat the Confidential Material in accordance with this Agreement. Without in any way limiting the foregoing, Recipient shall take all steps necessary to prevent disclosure of the Confidential Material under any open records law, including, without limitation, by exercising its discretion not to disclose Confidential Material in response to an open records act request, and taking all necessary actions to defend against such request. If Recipient or any of its Representatives becomes legally compelled to disclose any of the Confidential Material, the compelled party shall provide ALLO with prompt notice of such requirement prior to disclosure so that Recipient may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, the compelled party shall furnish only that portion of the Confidential Material which it is legally required to furnish and shall use its best efforts to assure that confidential treatment will be accorded such Confidential Material. Recipient shall have the right to draft a written report to fulfill the Purpose of the review and Recipient agrees that in drafting said report cause any such audit report to be treated confidentially to the full extent permitted by law. Information shall, to the extent feasible, be provided in an aggregate form and Recipient shall use its best efforts not to communicate confidential information in the report unless necessary to communicate a finding of the audit/review. 3.Equitable Remedies. Recipient acknowledges that, in the event of a breach or threatened breach of this Agreement, there is a substantial likelihood of material, irreparable injury to ALLO, and that money damages would not be a sufficient remedy for any such breach or prospective breach by Recipient or its Representatives. Recipient therefore agrees that ALLO shall be entitled to specific performance of Recipient’s agreements herein, and to injunctive relief to terminate or prevent any breach or prospective breach of this Agreement. No bond or other security shall be necessary with respect to such relief. ALLO shall be entitled to receive from Recipient reimbursement of ALLO’s costs and expenses (including attorneys’ fees) incurred in connection with any breach or threatened breach by Recipient or its Representatives, but such reimbursement may only be ordered by a court of competent jurisdiction. 5.Miscellaneous. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, with respect to such matters. No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other exercise of any right, power or privilege hereunder. If any part or any provision of this Agreement shall be deemed to be invalid or unenforceable in any respect, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining provisions of this Agreement. No amendment to this Agreement shall be valid unless it is made in writing and signed by both parties. This Agreement shall inure to the benefit of, and be binding upon, the parties, their successors and permitted assigns. This Agreement shall be governed by laws of the State of Nebraska without regard to the choice of law provisions thereto Grand Island Council Session - 9/14/2021 Page 356 / 360 31 IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed on its behalf as of the date set forth above ALLO Grand Island, LLC By: Name: Title: CITY OF GRAND ISLAND, NE By: Name: Title______________________________________ Grand Island Council Session - 9/14/2021 Page 357 / 360 Approved as to Form ¤ ___________ September 13, 2021 ¤ City Attorney R E S O L U T I O N 2021-235 WHEREAS, ALLO Grand Island LLC (“ALLO”) desires to offer within the city of Grand Island cable television, internet, and telephone services via fiber cable and associated facilities located in the public rights-of-way and public utility easements; and WHEREAS, a franchise agreement between ALLO and the City of Grand Island is required to permit and authorize installation of the fiber cable television equipment; and WHEREAS, City Administration and ALLO engaged in negotiating a proposed non-exclusive fifteen-year franchise agreement for installation and operation of the fiber cable television system within the City of Grand Island; and WHEREAS, the proposed franchise agreement is substantially similar to the current franchise agreement whereby Charter Communications/Spectrum occupies the public rights-of-ways and public utility easements and offers cable television, internet, and telephone services; and WHEREAS, the proposed franchise agreement with ALLO provides for the City to receive a franchise fee in the amount of 5% of the gross revenue ALLO derives from cable television services provided in Grand Island; and WHEREAS, City Administration recommends that the proposed franchise agreement be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the Franchise Agreement for the City of Grand Island and ALLO Grand Island LLC should be and is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 14, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/14/2021 Page 358 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item J-1 Approving Payment of Claims for the Period of August 25, 2021 through September 14, 2021 The Claims for the period of August 25, 2021 through September 14, 2021 for a total amount of $8,159,562.25. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 9/14/2021 Page 359 / 360 City of Grand Island Tuesday, September 14, 2021 Council Session Item X-1 Strategy Session with Respect to IBEW Service Clerical Finance Union Negotiations The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/14/2021 Page 360 / 360