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11-23-2021 City Council Regular Meeting Packet City of Grand Island Tuesday, November 23, 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 - 11/23/2021 Page 1 / 206 City of Grand Island Tuesday, November 23, 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 Todd Bowen, Grace Covenant Church, 418 West 12th Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 11/23/2021 Page 2 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item C-1 Recognition of Grand Island Wastewater Division of the Public Works Department Awards at Fall Conference The Mayor and City Council will recognize the Grand Island Wastewater Division of the Public Works Department for receiving the Nebraska Water Environmental Association (NWEA) Scott Wilber Large Facility Best in Class Award during the 2021 American Public Works Association (APWA), Nebraska Water Environment Association (NWEA), and the American Water Works Association (AWWA) Fall Conference. The Scott Wilber Award, given by the Nebraska Water Environment Association, recognizes wastewater facilities across Nebraska that provide excellence in operations and maintenance. The Association committee evaluates the operations of facilities in four facility classes, ranging from lagoon systems to large treatment operations. Grand Island has received Outstanding Facility Awards every year since 2015 and the Large Facility Best in Class Award for 2021, with the Best in Class awards also being received in 2016. Large facilities are those handling over 5 million gallons of wastewater per day. The NWEA Safety Award recognizes excellence in accident prevention and promotion of safety in workplace facilities. The Grand Island Wastewater Division of the Public Works Department is firmly committed to the safety of those working within our facilities. Each section within the division has a weekly safety meeting that covers something of common interest to all members of the division. Recently, special meters have been put in use for workers at the plant which monitor gas levels, falls, and other potential safety concerns to ensure 24/7 protection for our workers. NWEA recognizes the efforts made by the City and, for 2021, again awarded the City their Silver Safety Award. This is the sixth year in a row the City has received a safety award from the State and fourth Grand Island Council Session - 11/23/2021 Page 3 / 206 year for the Silver Award. In 2015 the City received the Gold Award and in 2018 received the Bronze Award. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 4 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item E-1 Public Hearing on Zoning Change to Property located at 3732 Husker Highway from R2 Low Density Residential to RD Residential Development (Innate Development 2 LLC) Council action will take place under Ordinances item F-2. Staff Contact: Chad Nabity Grand Island Council Session - 11/23/2021 Page 5 / 206 Council Agenda Memo From:Regional Planning Commission Meeting:November 23, 2021 Subject:Change of Zoning from R2 Low Density Residential Zone to RD Residential Development Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background Innate Development 2 LLC. The owners of 200 acres located north of Husker Highway and west of Prairieview Street are requesting that the zoning on property be changed on a portion of this property from R2 Low Density Residential to RD Residential Development Zone. The proposal is to build 90 units of three story apartments in 10 unit buildings along with 2 carriage house apartments this property. A preliminary plat for the whole development is included in with the application along with renderings and elevations of the propose buildings. A final plat for the first phase (5.4 acres and 12 lots) of the development is also included for approval. Discussion At the regular meeting of the Regional Planning Commission, held November 3, 2021 the above item was considered following a public hearing. O’Neill opened the public hearing: Nabity stated the application has been made to rezone 5.43 acres of property proposed for platting as Legacy 34 Subdivision from R2 Low Density Residential Zone to RD Residential Development Zone. The developers are proposing to build nine apartment buildings (90 units) on the property. This property will be subject of many rezoning applications as it moves forward. The proposed development is consistent with the comprehensive plan. Staff is recommending approval. Albert Moeller, 3829 South Blaine Street, Grand Island, NE stated the project is north of his property. Mr. Moeller’s concern is how will the water flow be maintained so it does not back up. Grand Island Council Session - 11/23/2021 Page 6 / 206 Andrew Toupin, 1733 Ingalls, Grand Island, NE, an engineer with Olsson Associate, stated there is a wetland located in the southwest corner of the property and the development is staying away from it. Toupin explained how water from the wetland flows south underneath Husker Highway and then east. He explained, during the first phase of the project a detention cell will be created to help with drainage and water from the development will not drain into the wetland because the land would not be graded to drain in that direction. Mr. Toupin later explained water from the project site would generally flow north through the pond system being developed with the project. Commissioner Robb asked if water from the south husker Highway will be retain on site. Toupin showed on a map how water will flow, and noted with the possible expansion of Husker Highway drainage issues will be considered. Commissioner Rainforth asked about the retention capacity level of the detention cell. Tupin explained that it would retain a 100 year flood event well over the required 50year event by the State. O’Neill closed the public hearing. A motion was made by Ruge and second by Robb to approve rezoning from R2 Low Density Residential to RD Residential Development Zone. The motion was carried with nine members voting yes (Nelson, O’Neill, Ruge, Olson, Robb, Monter, Rainforth, Rubio and Randone) and no members voting no. O’Neill stated each final plat brought forward will also include a drainage plan. A motion was made by Ruge and second by Rubio to approve the preliminary and final plat for Legacy 34. The motion was carried with nine members voting yes (Nelson, O’Neill, Ruge, Olson, Robb, Monter, Rainforth, Rubio and Randone) and no members voting no. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue 4.Deny the application Grand Island Council Session - 11/23/2021 Page 7 / 206 Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance as presented. Grand Island Council Session - 11/23/2021 Page 8 / 206 Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: October 25, 2021 SUBJECT:Zoning Change (C-08-2022GI) PROPOSAL:An application has been made to rezone 5.43 acres of property proposed for platting as Legacy 34 Subdivision located west of Prairieview Street and north of Husker Highway from R2 Low Density Residential Zone to RD Residential Development Zone. The developers are proposing to build nine apartment building (90 units) on the property with buildings as shown on the attached plans. This is the first change of several that are proposed for the full 200 acre site as shown with the preliminary plat for the whole property. This change will only apply to the Legacy 34 First Subdivision area. OVERVIEW: Site Analysis Current zoning designation:R2- Low Density Residential Zone Permitted and conditional uses:R2: Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district. Comprehensive Plan Designation:Low to Medium Density Residential proposed as Mixed Use Commercial Existing land uses.Vacant Undeveloped Property Adjacent Properties Analysis Current zoning designations:West, East, and North: R2- Low Density Residential Zone South: TA Transitional Agricultural Zone Permitted and conditional uses:R2- Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district TA - Permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. The intent of the zoning district also would allow the raising of livestock to a limit and within certain density requirements. Grand Island Council Session - 11/23/2021 Page 9 / 206 Comprehensive Plan Designation:West, East, South and North: Low to Medium Density Residential Existing land uses:North, South, East, & West: Agricultural/ Vacant EVALUATION: Positive Implications: In general conformance with the City’s Comprehensive Land Use Plan: This particular site is designated Low to Medium Density uses within the plan. New Housing Choices in Southwestern Grand Island: Most of the new construction in Grand Island occurs in the northwest part of the city. This proposed development would build 90 new units in the southwestern part of the city. Infill Development: Most of the existing infrastructure is in place to support this development. Sewer and water are available. The developer is proposing private drive with access to public streets. Provides Housing for Grand Island Residents and potential workers near the newly developed Hospital. Negative Implications: Increased Traffic on Husker Highway: Development of this full 200 acres is likely to increase traffic on Husker Highway. The emphasis on walkability in this subdivision and Hike Bike Trail connection to the Hospital area may help mitigate vehicular traffic by allowing for multiple modes of transportation. Grand Island Council Session - 11/23/2021 Page 10 / 206 Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan Grand Island Council Session - 11/23/2021 Page 11 / 206 Figure 2 Future Land Use Map as Proposed for Consideration by the Grand Island City Council on November 9, 2021 RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from R2-Low Density Residential Zone to RD- Residential Development Zone. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 11/23/2021 Page 12 / 206 LOT 6 LOT 7 LOT 8 LOT 9 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 75.00'(M)136.91'(M)R=520.00'Δ=055°25'27"L=503.02'CB=S 28 °19'48"ECH= 4 83.63' OUTLOT A S89°22'55"W 211.91'(M) S00°15'06"E 5.00'(M)S89°08'25"W 220.96'(M)N02°27'17"W 448.05'(M)N25°00'49"E 118.98'(M)N64°1 4' 3 1 " E 61.00' ( M )N33°57'28"E 38.80'(M)S56°02'32"E 22.66'(M)N33°57'28"E 75.00'(M)R=59 5.00'Δ=055 °25'27" L =575.57'CB=S 28°19 '48"ECH=5 53.39'S00°37'05"E 166.00'(M)5.00'(M) LOT 10 LOT 11 POB FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 LOT 1 LOT 11 LOT 11 LOT 10 Grand Island Council Session - 11/23/2021 Page 13 / 206 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF SECTION 25-T11N-R10W; THENCE ON AN ASSUMED BEARING OF N00°15'06”W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4), A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, ALSO BEING THE POINT OF BEGINNING; THENCE S89°08'25”W, ALONG THE EXISTING NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 220.96 FEET; THENCE N02°27'17”W A DISTANCE OF 448.05 FEET; THENCE N25°00'49”E A DISTANCE OF 118.98 FEET; THENCE N64°14'31”E A DISTANCE OF 61.00 FEET; THENCE N33°57'28”E A DISTANCE OF 38.80 FEET; THENCE S56°02'32”E A DISTANCE OF 22.66 FEET; THENCE N33°57'28”E A DISTANCE OF 75.00 FEET TO A POINT OF CURVATURE; THENCE AROUND THE CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 055°25'27”, HAVING A RADIUS OF 595.00 FEET, AND A CHORD BEARING S28°19'48”E A CHORD DISTANCE OF 553.39 FEET; THENCE S00°37'05”E A DISTANCE OF 166.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55”W, ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 211.91 FEET; THENCE S00°15'06”E ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 236,678.95 SQUARE FEET OR 5.43 ACRES MORE OR LESS OF WHICH 1.24 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY THAT ON ______________________, 2021, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LAND CONSISTING OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS. _______________________________________________________ JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630 KNOW ALL MEN BY THESE PRESENTS, THAT JEROME K. SCHOEL, A SINGLE PERSON, BEING THE OWNER OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS " " IN PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2021. _______________________________ JEROME K. SCHOEL ON THIS ____ DAY OF ___________, 2021, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED JEROME K. SCHOEL, A SINGLE PERSON, TO BE PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _______________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS ____ DAY OF ______ , 2021. _______________________________ MAYOR _______________________________ CITY CLERK Grand Island Council Session - 11/23/2021 Page 14 / 206 DEVELOPMENT PLANSMG AT 021-02674 9.16.2021 1 of SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 FIRST SUBDIVISIONGRAND ISLAND, NEBRASKA20211 Grand Island Council Session - 11/23/2021 Page 15 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 16 / 206 MUD ROOMarchitects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 17 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 18 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 19 / 206 MUD ROOMarchitects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 20 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 21 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 22 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 23 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 24 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 25 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 26 / 206 MUD ROOMarchitects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 27 / 206 MUD ROOMarchitects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 28 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 29 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 30 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 31 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 32 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 33 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 34 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 35 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 36 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item E-2 Public Hearing on Request from Hall County Livestock Improvement Assn. for a Conditional Use Permit to Allow for Temporary Use to Facilitate Rework of CNHI Combines located at 700 East Stolley Park Road Council action will take place under Request and Referrals item H-1. Staff Contact: Craig Lewis Grand Island Council Session - 11/23/2021 Page 37 / 206 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:November 23, 2021 Subject:Request of Hall Co. Livestock Improvement Assn. for approval of a Conditional Use Permit for the property at 700 E. Stolley Park Rd. This request is to allow for a temporary use of the Beef Barn to accommodate CNHI Industrial for the installation of missing parts for combines previously assembled. Presenter(s):Craig Lewis, Building Department Director Background This request is to utilize the existing beef barn as a rework site to install missing parts on assembled combines. The proposed site is zoned B-2 General Business, that zoning classification does not allow as a permitted principal use manufacturing. A conditional use permit approved by the City Council could allow for a temporary use not to exceed six months in developed areas. Discussion The proposed request would utilize the existing building to rework the combines and install the missing part from November 2021 through April of 2022. The proposal is to truck in 8 to 10 units per day to facilitate the rework. A conditional use approved by the City Council would allow the use and provides the ability to rework the combines within an enclosed structure. The Conditional Use approved by the City Council may place additional conditions on the approval if applicable, and allows for neighboring properties to express any concerns. At this location it does not appear the proposed rework would have a negative impact on the surrounding neighborhood. Building and Fire codes will be imposed for the temporary use. Grand Island Council Session - 11/23/2021 Page 38 / 206 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a conditional use permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to the public health, safety, and welfare of the community. 2.Disapprove or / Deny the request finding that the proposed use does not conform to the purpose of the zoning regulations. 3.Modify the request to meet the wishes of the Council. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue. Recommendation City Administration recommends that the Council approve this request finding that the request does promote the health, safety, and general welfare of the community, does protect the 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 to allow a temporary manufacturing rework use from November 2021 to April 2022 for the building identified as the Beef Barn at 504 E. Stolley Park Road. Grand Island Council Session - 11/23/2021 Page 39 / 206 Grand Island Council Session - 11/23/2021 Page 40 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item E-3 Public Hearing on Acquisition of Public Utility Easement for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Council action will take place under Consent Agenda item G-9. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 41 / 206 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 23, 2021 Subject:Public Hearing on Acquisition of Public Utility Easement for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Presenter(s):John Collins PE, Public Works Director Background The Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 is for the improvement of Capital Avenue from the Moores Creek Drainway to the roundabout at North Road. This will be a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and all other related improvements needed to complete the project. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public utility easements are needed to accommodate the roadway improvements along Capital Avenue. The property owners have signed the necessary documents to grant the property, as shown on the attached exhibits. Engineering staff of the Public Works Department negotiated with the property owners for such acquisitions. Property Owner Legal Description Amount Martin Montelongo and Maria S. Montelongo A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 3, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET; THENCE N89o53’03”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 5.00 $100.00 Grand Island Council Session - 11/23/2021 Page 42 / 206 FEET; THENCE N00o07’04”E PARALLEL TO AND 5.00 FEET WEST OF THE EAST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE S89o53’03”E ALONG THE NORTH LINE OF SAID LOT 3, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID CAPITAL AVENUE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 60 SF MORE OR LESS. Tommy Lee Anderson A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 4, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE ON AN ASSUMED BEARING OF N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 4, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 5.00 FEET; THENCE S00o07’04”W PARALLEL TO AND 5.00 FEET EAST OF THE WEST LINE OF SAID LOT 4, A DISTANCE OF 12.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 5.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 60 SF MORE OR LESS. AND A PERMANENT UTILITY EASEMENT LOCATED IN LOT 4, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4, THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET; THENCE N00o07’04”E PARALLEL TO AND 10.00 FEET WEST OF THE EAST LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4; THENCE N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 100 SF MORE OR LESS. $160.00 Grand Island Council Session - 11/23/2021 Page 43 / 206 TS12, LLC A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 1, STERLING ESTATES SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF S89o52’30”W ALONG THE NORTH LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 80.53 FEET TO THE POINT OF BEGINNING; THENCE S00o07’30”W A DISTANCE OF 10.27 FEET; THENCE N89o52’30”W A DISTANCE OF 10.00 FEET; THENCE N00o07’30”E A DISTANCE OF 10.27 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE S89o52’30”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID CAPITAL AVENUE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 103 SF MORE OR LESS. Donated Total cost of Permanent Easements= $260.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the public utility easement from the affected property owners for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1, in the amount of $260.00. Sample Motion Move to approve the acquisitions. Grand Island Council Session - 11/23/2021 Page 44 / 206 Grand Island Council Session - 11/23/2021 Page 45 / 206 Grand Island Council Session - 11/23/2021 Page 46 / 206 Grand Island Council Session - 11/23/2021 Page 47 / 206 Grand Island Council Session - 11/23/2021 Page 48 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item F-1 #9861 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 11/23/2021 Page 49 / 206 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:November 23, 2021 Subject:Consideration of Approving Salary Ordinance No. 9861 Presenter(s):Aaron Schmid, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. The following explains the proposed changes to the salary ordinance. Discussion The proposed salary ordinance recognizes the changes to the collective bargaining agreement between the City of Grand Island and the International Brotherhood of Electrical Workers, Grand Island Lodge No. 1597 Utilities Department effective October 1, 2021. The ordinance amends the following: removes the Senior Meter Reader classification, amends the non-union Meter Reader Part Time classification, amends the minimum rate of the non-union Senior Electrical Engineer classification, amends shift differential of Dispatchers and Operators, and amends wages for the IBEW Utilities Department classifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/23/2021 Page 50 / 206 Recommendation City Administration recommends that the Council approve proposed Salary Ordinance No. 9861. Sample Motion Move to approve Salary Ordinance No. 9861. Grand Island Council Session - 11/23/2021 Page 51 / 206 Approved as to Form ¤ ___________ November 10, 2021 ¤ City Attorney ORDINANCE NO. 9861 An ordinance to amend Ordinance 9851 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend the salary ranges of those employees covered under the of IBEW Utilities labor agreement Service/Clerical/Finance employees; to remove the IBEW Service/Clerical/Finance position and salary range of Computer Operator; to reassign the IBEW Service/Clerical/Finance position and salary range of Administrative Assistant Building - Part Time to the non-union group; to remove the IBEW Utilities position of Senior Meter Reader; to amend the salary range of the non-union position of Community Service OfficerMeter Reader – Part Time to align with the Community Service OfficerMeter Reader – Full Time in the IBEW Service/Clerical/FinanceUtilities labor agreement; to amend the salary range of the non-union Senior Electrical Engineer; to amend the shift differential for those employees in the IBEW Utilities positions of Power Dispatcher I, Power Dispatcher II; Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator;to add the non-union positions and salary ranges for Grants Administrator and Interpreter/Translator; and to repeal those portions of Ordinance No. 9851 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such Grand Island Council Session - 11/23/2021 Page 52 / 206 ORDINANCE NO. 9861(Cont.) - 2 - classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 28.2676/41.0956 Exempt Accounting Technician – Solid Waste 20.8218/26.1926 40 hrs/week Administrative Assistant –Building – Part Time 20.4435/29.3215 40 hrs/week Administrative Coordinator – Public Works 23.8182/34.7669 40 hrs/week Assistant Finance Director 36.6364/54.4021 Exempt Assistant Public Works Director/Engineering 44.1891/67.2738 Exempt Assistant Public Works Director of Wastewater 52.4948/73.3160 Exempt Assistant Utilities Director – Engineering/Business Operations 57.3856/83.3704 Exempt Assistant Utilities Director – Production 57.3856/83.3704 Exempt Assistant Utilities Director – Transmission 57.3856/83.3704 Exempt Attorney 38.4573/56.8206 Exempt Building Department Director 43.7705/64.7396 Exempt Cemetery Superintendent 27.8026/40.1660 Exempt City Administrator 83.5875/96.3450 Exempt City Attorney 56.1473/77.4553 Exempt City Clerk 36.2973/48.1076 Exempt Civil Engineer I 31.3740/44.5826 Exempt Civil Engineer II 36.3159/52.2973 Exempt Collection System Supervisor 27.7512/41.1137 40 hrs/week Community Development Administrator 24.6956/36.6738 40 hrs/week Community Service Officer – Part time 17.5592/24.6211 40 hrs/week Custodian – Library, Police 16.5211/22.1077 40 hrs/week Customer Service Representative 11.2934/15.4904 40 hrs/week Customer Service Team Leader 22.9229/32.7796 Exempt Deputy City Clerk 29.0378/38.4860 40 hrs/week Electric Distribution Superintendent 41.9336/57.6781 Exempt Electric Distribution Supervisor 38.8735/53.7222 40 hrs/week Electric Underground Superintendent 41.2596/57.4986 Exempt Electrical Engineer I 31.4980/43.8334 Exempt Grand Island Council Session - 11/23/2021 Page 53 / 206 ORDINANCE NO. 9861(Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Electrical Engineer II 35.2926/50.7006 Exempt Emergency Management Deputy Director 30.7543/45.1964 Exempt Emergency Management Director 43.7705/64.7396 Exempt Engineer I – Public Works 34.6000/49.9636 Exempt Engineer I – WWTP 34.6000/49.9636 Exempt Engineering Technician - WWTP 23.4063/33.6893 40 hrs/week Equipment Operator - Solid Waste 22.0125/28.9944 40 hrs/week Finance Director 49.6760/74.7189 Exempt Finance Operations Supervisor 27.4819/38.6171 Exempt Fire Chief 51.3028/73.2971 Exempt Fire EMS Division Chief 43.5279/58.8883 Exempt Fire Operations Division Chief 43.5279/58.8883 Exempt Fire Prevention Division Chief 43.5279/58.8883 Exempt Fleet Services Shop Foreman 27.8789/41.2434 40 hrs/week GIS Coordinator - PW 30.3065/45.2375 Exempt Grants Administrator 28.2676/41.0956 40 hrs/week Grounds Management Crew Chief – Cemetery 22.2425/33.6894 40 hrs/week Grounds Management Crew Chief – Parks 24.3158/34.9630 40 hrs/week Human Resources Director 44.5499/66.8681 Exempt Human Resources Benefits/Risk Mgmt Coordinator 26.7780/40.3274 40 hrs/week Human Resources Recruiter 26.7780/40.3274 40 hrs/week Human Resources Specialist 26.7780/40.3274 40 hrs/week Information Technology Manager 42.0401/63.5004 Exempt Interpreter/Translator 17.5507/26.3534 40 hrs/week Legal Secretary 22.5094/33.5515 40 hrs/week Librarian I 26.4156/35.7006 Exempt Librarian II 30.6949/39.4211 Exempt Library Assistant I 17.6104/25.4509 40 hrs/week Library Assistant II 21.7632/30.8094 40 hrs/week Library Director 48.5101/73.1620 Exempt Library Page 12.5198/17.2716 40 hrs/week Library Secretary 18.5589/25.9374 40 hrs/week Maintenance Worker – Cemetery Part Time 15.7820/23.3988 40 hrs/week Meter Reader – Part Time 20.8602/27.9301 24.1758/30.1979 40 hrs/week Grand Island Council Session - 11/23/2021 Page 54 / 206 ORDINANCE NO. 9861(Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Meter Reader Supervisor 26.5439/34.2119 Exempt MPO Program Manager 29.8575/44.2044 Exempt Office Manager – Police Department 22.5835/33.4954 40 hrs/week Parks and Recreation Director 47.9659/71.9623 Exempt Parks Superintendent 35.5843/52.3295 Exempt Payroll Specialist 23.7770/34.7883 40 hrs/week Planner I 26.2252/39.0590 40 hrs/week Planning Director 44.7728/66.3355 Exempt Police Captain 41.0025/59.7113 Exempt Police Chief 48.7891/76.6353 Exempt Power Plant Maintenance Supervisor 40.0363/55.8464 Exempt Power Plant Operations Supervisor 40.6060/57.8480 Exempt Power Plant Superintendent – Burdick 49.9228/70.8321 Exempt Power Plant Superintendent – PGS 52.8326/76.7941 Exempt Public Works Director 50.6938/76.5018 Exempt Public Works Engineer 35.9586/53.6866 Exempt Receptionist 17.5507/26.3534 40 hrs/week Recreation Coordinator 26.0828/37.0175 Exempt Recreation Superintendent 34.2833/50.4243 Exempt Regulatory and Environmental Manager 43.3598/57.4829 Exempt Senior Civil Engineer 41.2645/61.1740 Exempt Senior Electrical Engineer 42.8924 48.8088/61.3995 Exempt Senior Public Safety Dispatcher 23.2192/30.4183 40 hrs/week Senior Utility Secretary 19.6160/27.4180 40 hrs/week Shooting Range Superintendent 31.4890/47.2754 Exempt Solid Waste Division Clerk - Full Time 21.3908/26.9660 40 hrs/week Solid Waste Division Clerk - Part Time 19.2517/24.2694 40 hrs/week Solid Waste Foreman 26.4749/36.9540 40 hrs/week Solid Waste Superintendent 36.2099/53.8010 Exempt Street Superintendent 33.7851/49.3640 Exempt Street Foreman 26.9844/39.9813 40 hrs/week Transit Program Manager 30.1356/45.2410 Exempt Utilities Director 75.7041/105.1509 Exempt Utility Production Engineer 41.0193/59.6150 Exempt Utility Warehouse Supervisor 30.0775/41.1263 40 hrs/week Grand Island Council Session - 11/23/2021 Page 55 / 206 ORDINANCE NO. 9861(Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Victim Assistance Unit Coordinator 18.4893/25.8710 40 hrs/week Victim/Witness Advocate 16.9519/23.7076 40 hrs/week Wastewater Plant Chief Operator 27.3718/38.4983 40 hrs/week Wastewater Plant Operations Engineer 49.9946/69.8306 Exempt Wastewater Plant Maintenance Supervisor 28.0480/41.0928 40 hrs/week Wastewater Plant Regulatory Compliance Manager 33.9519/41.9795 Exempt Water Superintendent 35.2743/52.1246 Exempt Water Supervisor 28.7632/42.1517 40 hrs/week Worker / Seasonal 9.0000/20.0000 Exempt Worker / Seasonal 9.0000/20.0000 40 hrs/week Worker / Temporary 9.0000/20.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria:  The referral cannot have worked as a City of Grand Island lifeguard in the past.  The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours.  Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such Grand Island Council Session - 11/23/2021 Page 56 / 206 ORDINANCE NO. 9861(Cont.) - 6 - classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 20.8650/30.9087 40 hrs/week Fleet Services Mechanic 23.3145/34.5422 40 hrs/week Horticulturist 23.8961/35.4669 40 hrs/week Maintenance Worker – Cemetery 19.7275/29.2485 40 hrs/week Maintenance Worker – Parks 19.4596/28.8679 40 hrs/week Maintenance Worker – Streets 19.4506/28.8342 40 hrs/week Senior Equipment Operator – Streets 22.3929/33.2126 40 hrs/week Senior Maintenance Worker – Streets 22.2384/32.9835 40 hrs/week Traffic Signal Technician 22.0846/32.7555 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 21.9201 22.3876/31.1427 40 hrs/week Custodian 17.3168/21.4065 /21.5822 40 hrs/week Electric Distribution Crew Chief 38.9666/50.8883 40 hrs/week Electric Underground Crew Chief 38.9666/50.8883 40 hrs/week Engineering Technician I 25.6354 26.1591/33.5904 40 hrs/week Engineering Technician II 32.4212 32.4526/42.0591 40 hrs/week Instrument Technician 34.3553/45.2280 37.0707/47.2568 40 hrs/week Lineworker Apprentice 26.6079/36.6610 27.7882/38.5498 40 hrs/week Lineworker First Class 33.0441/41.8296 35.4013/43.7249 40 hrs/week Grand Island Council Session - 11/23/2021 Page 57 / 206 ORDINANCE NO. 9861(Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Materials Handler 31.0007/38.0597 /39.4318 40 hrs/week Meter Reader 20.8602/27.9301 24.1758/30.1979 40 hrs/week Meter Technician 31.3285/36.6107 33.2499/37.7483 40 hrs/week Power Dispatcher I 33.7325/40.5910 36.1020/44.7877 40 hrs/week Power Dispatcher II 40.1796/48.0800 40.2854/50.7224 40 hrs/week Power Plant Maintenance Mechanic 31.9732/42.0591 34.6092/42.8018 40 hrs/week Power Plant Operator 34.5848/41.9279 37.8075/43.8578 40 hrs/week Senior Engineering Technician 33.2735/43.6982 36.0782/45.0109 40 hrs/week Senior Materials Handler 33.4702/43.5889 35.4941/49.2077 40 hrs/week Senior Meter Reader 22.0869/28.7680 40 hrs/week Senior Power Dispatcher 46.4846/54.8986 /55.9970 40 hrs/week Senior Power Plant Operator 40.6167/48.5947 43.5085/50.4378 40 hrs/week Senior Substation Technician 39.6994/44.7362 /46.2921 40 hrs/week Senior Water Maintenance Worker 25.8211 26.9446/35.9365 40 hrs/week Substation Technician 39.5895/41.3051 /44.4692 40 hrs/week Systems Technician 38.9776/45.0094 41.5793/46.6303 40 hrs/week Tree Trim Crew Chief 30.7493/41.4471 35.6425/44.8034 40 hrs/week Utility Electrician 31.9513/42.3869 34.6685/44.1017 40 hrs/week Utility Groundman 20.0188/28.0000 24.4206/30.8000 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.2461/42.5617 /45.5569 40 hrs/week Utility Warehouse Clerk 23.8324/30.1483 26.2350/32.7744 40 hrs/week Water Maintenance Worker 24.6738/32.5960 25.4102/33.4379 40 hrs/week Wireworker I 23.8324/36.0600 25.5350/37.6918 40 hrs/week Wireworker II 33.0441/41.8296 40 hrs/week Grand Island Council Session - 11/23/2021 Page 58 / 206 ORDINANCE NO. 9861(Cont.) - 8 - Classification Hourly Pay Range Min/Max Overtime Eligibility 35.4013/43.4249 SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 24.0225/38.1427 Police Sergeant 33.2774/45.2590 Police Lieutenant 36.7071/51.5830 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Grand Island Council Session - 11/23/2021 Page 59 / 206 ORDINANCE NO. 9861(Cont.) - 9 - A lateral hiring incentive is provided, namely for certified applicants, One-Thousand Five Hundred Dollars ($1,500) certification credit and fifty (50) hours of compensatory time if eligible. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.0309/29.6326 212 hrs/28 days Firefighter / EMT 17.3619/24.2884 212 hrs/28 days Firefighter / Paramedic 18.7687/26.5120 212 hrs/28 days Life Safety Inspector 26.4868/34.5345 40 hrs/week Battalion Chief 29.6036/34.1068 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Wastewater Treatment Plant labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such Grand Island Council Session - 11/23/2021 Page 60 / 206 ORDINANCE NO. 9861(Cont.) - 10 - employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 18.8680/28.2987 40 hrs/week Biosolids Technician 23.0200/33.9453 40 hrs/week Equipment Operator – WWTP 21.3138/ 29.8620 40 hrs/week Lead Maintenance Mechanic 23.4477/33.9307 40 hrs/week Lead Maintenance Worker 22.5717/31.7608 40 hrs/week Lead Wastewater Plant Operator 25.1151/36.0041 40 hrs/week Maintenance Mechanic I 19.9733/30.0117 40 hrs/week Maintenance Worker – WWTP 19.9316/29.5334 40 hrs/week Stormwater Program Manager 24.5901/36.8334 40 hrs/week Wastewater Plant Laboratory Technician 22.7916/31.5683 40 hrs/week Wastewater Plant Operator I 20.5507/28.8558 40 hrs/week Wastewater Plant Operator II 23.3588/33.0438 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Service/Clerical/Finance labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 18.1313/26.2818 40 hrs/week Accounting Technician – Streets 21.7231/28.4998 40 hrs/week Accounts Payable Clerk 20.4525/28.9122 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.4435/29.3215 40 hrs/week Administrative Assistant – Public Works 21.6005/31.2640 40 hrs/week Audio Video Technician 24.4873/32.9470 40 hrs/week Building Inspector 24.0080/35.9899 40 hrs/week Cashier 18.6247/25.5908 40 hrs/week Community Service Officer 17.5592/24.6211 40 hrs/week Grand Island Council Session - 11/23/2021 Page 61 / 206 ORDINANCE NO. 9861(Cont.) - 11 - Computer Technician 25.5128/36.6251 40 hrs/week Crime Analyst 25.1338/32.4789 40 hrs/week Electrical Inspector 24.1752/35.9119 40 hrs/week Emergency Management Coordinator 21.5894/31.2640 40 hrs/week Engineering Technician – Public Works 24.1683/34.0850 40 hrs/week Evidence Technician 20.2408/29.4361 40 hrs/week GIS Coordinator 31.0713/46.8124 40 hrs/week Maintenance Worker I – Building, Library, Police 17.1541/24.2867 40 hrs/week Maintenance Worker II – Building, Library, Police 20.1627/27.1401 40 hrs/week Payroll Clerk 21.2139/29.9773 40 hrs/week Plans Examiner 23.9582/35.9899 40 hrs/week Plumbing/Mechanical Inspector 24.1864/35.5663 40 hrs/week Police Records Clerk 18.0813/25.6821 40 hrs/week Public Safety Dispatcher 21.7901/28.8008 40 hrs/week Senior Accounting Clerk 20.2854/28.8676 40 hrs/week Shooting Range Operator 26.6273/35.8338 40 hrs/week Wastewater Secretary 20.3634/28.7450 40 hrs/week The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Public Safety Dispatcher who work any hours or portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of seventy-five cents ($0.75) per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. Grand Island Council Session - 11/23/2021 Page 62 / 206 ORDINANCE NO. 9861(Cont.) - 12 - and 11:00 p.m. A shift differential of seventy-five cents ($0.75) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 $0.50 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional forty-five cents ($0.45) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of twenty-five cents ($0.25) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional twenty-five cents ($0.25) per hour; employees who are regularly schedule to work graveyard shift will receive an additional thirty-five cents ($0.35) per hour for wages attributable to those shifts. Employees working twelve (12) or ten (10) hour shifts will receive an additional twenty-five cents ($0.25) per hour for wages attributable to the evening shift. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as Grand Island Council Session - 11/23/2021 Page 63 / 206 ORDINANCE NO. 9861(Cont.) - 13 - provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Three Hundred Twenty-five dollars ($325.00) semi-annually. New employees covered by the IBEW Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to One Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of Seven Hundred dollars ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non-union Community Service Officer Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars Grand Island Council Session - 11/23/2021 Page 64 / 206 ORDINANCE NO. 9861(Cont.) - 14 - ($25.00) per pay period. Full-time Community Services Officers shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of Six hundred Fifty dollars ($650.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW-Utilities labor agreement and the IBEW-Wastewater Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours unscheduled overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are Grand Island Council Session - 11/23/2021 Page 65 / 206 ORDINANCE NO. 9861(Cont.) - 15 - covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities, the non-union position of Meter Reader – Part Time, and IBEW Wastewater Treatment Plant labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full- time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($12) biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of Thirty dollars ($30.00) biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen Grand Island Council Session - 11/23/2021 Page 66 / 206 ORDINANCE NO. 9861(Cont.) - 16 - hundredths (586.18) hours [calculated at 53% x 1,106 hours], the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 hours]. The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two (542) hours [calculated at 50% x 1,084 = 542]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the IBEW Wastewater labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at Grand Island Council Session - 11/23/2021 Page 67 / 206 ORDINANCE NO. 9861(Cont.) - 17 - 36% x 1,339 hours]. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred eighty-six and eighteen-hundredths (586.18) hours [calculated at 53% x 1,106 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty- eight and sixty-five hundredths hours (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid twenty percent (20%) for their accumulated medical leave at separation of employment after twenty (20) years of service; forty percent (40%) for their accumulated medical leave at separation of employment after twenty-five (25) years of service; fifty percent (50%) of accumulated medical leave for a death not occurring in the line of duty and one hundred percent (100%) of accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half (1/2) of their accumulated medical leave, not to Grand Island Council Session - 11/23/2021 Page 68 / 206 ORDINANCE NO. 9861(Cont.) - 18 - exceed thirty (30) days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half (1/2) of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($20.00) per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of Ten Dollars ($10.00) per pay period. SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement: Five (5) years (beginning 6th year $ 350.00 Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 870.00 Grand Island Council Session - 11/23/2021 Page 69 / 206 ORDINANCE NO. 9861(Cont.) - 19 - Twenty (20) years (beginning 21st year) $1,096.00 Twenty-five (25) years (beginning 26th year) $1,270.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 Those employees who are represented by the IBEW Service/Clerical/Finance labor agreement shall annually receive longevity pay as a lump sum payment on the payroll which includes their anniversary date as follows: Grand Island Council Session - 11/23/2021 Page 70 / 206 ORDINANCE NO. 9861(Cont.) - 20 - Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law effective retroactive to October 10, 2021. SECTION 14. Those portions of Ordinance No. 9842 9851 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: November 23, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 71 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item F-2 #9864 - Consideration of Approving Zoning Change to Property located at 3732 Husker Highway from R2 Low Density Residential to RD Residential Development (Innate Development 2 LLC) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 11/23/2021 Page 72 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney ORDINANCE NO. 9864 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising part of the East ½ of the Southwest Quarter and the West half of the Southeast Quarter (E½ of the SW¼, and W½ of the SE¼ ) of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in Hall County, Nebraska. Located north of Husker Highway and west of Prairieview Street in Grand Island, Nebraska. from R2 Low Density Residential Zone to RD Residential Development Zone in Grand Island, Hall County, Nebraska as more particularly described below, and directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on November 3, 2021, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on November 23, 2021, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from R2 Low Density Residential Zone to amended RD Residential Development Zone: A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) Grand Island Council Session - 11/23/2021 Page 73 / 206 ORDINANCE NO. 9864 (Cont.) - 2 - NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF SECTION 25-T11N-R10W; THENCE ON AN ASSUMED BEARING OF N00°15'06”W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4), A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, ALSO BEING THE POINT OF BEGINNING; THENCE S89°08'25”W, ALONG THE EXISTING NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 220.96 FEET; THENCE N02°27'17”W A DISTANCE OF 448.05 FEET; THENCE N25°00'49”E A DISTANCE OF 118.98 FEET; THENCE N64°14'31”E A DISTANCE OF 61.00 FEET; THENCE N33°57'28”E A DISTANCE OF 38.80 FEET; THENCE S56°02'32”E A DISTANCE OF 22.66 FEET; THENCE N33°57'28”E A DISTANCE OF 75.00 FEET TO A POINT OF CURVATURE; THENCE AROUND THE CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 055°25'27”, HAVING A RADIUS OF 595.00 FEET, AND A CHORD BEARING S28°19'48”E A CHORD DISTANCE OF 553.39 FEET; THENCE S00°37'05”E A DISTANCE OF 166.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55”W, ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 211.91 FEET; THENCE S00°15'06”E ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 236,678.95 SQUARE FEET OR 5.43 ACRES MORE OR LESS OF WHICH 1.24 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY. SECTION 2. That the proposed development plan for the above described real estate, as shown on the plan submitted with the rezoning request is approved. SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance and that the approved development plan be kept in the records of the Hall County Regional Planning Department. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 11/23/2021 Page 74 / 206 ORDINANCE NO. 9864 (Cont.) - 3 - Enacted: November 23, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 75 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-1 Approving Minutes of November 9, 2021 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/23/2021 Page 76 / 206 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 9, 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 November 9, 2021. Notice of the meeting was given in The Grand Island Independent on November 3, 2021. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Justin Scott, Mark Stelk, Jason Conley, Vaughn Minton, Bethany Guzinski, Maggie Mendoza, and Mitch Nickerson. Councilmembers Michelle Fitzke 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. INVOCATION was given by Pastor Kevin Geurink, First Presbyterian Church, 2103 West Anna Street followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Comprehensive Plan to Consider Proposed Changes to the Future Land Use Map for Property located West of Prairieview Street and North of Husker Highway. Regional Planning Director Chad Nabity reported that Innate Development 2, LLC was proposing to purchase property northwest of the new hospital development of a mixed use subdivision. They were requesting that future land use be modified to allow the development of mixed use commercial along Husker Highway, low to medium density residential in the center of the property and low to medium density residential and mixed use manufacturing in the northwest corner of the property. The current map designates the south 160 acres as low to medium density residential and the north 40 as manufacturing. Their intent was to develop a combination of neighborhood commercial, apartments, townhomes, single family homes and light warehousing or storage on the property. Staff recommended approval. Ron Depue, 308 North Locust Street, attorney for the applicant, spoke in support. No further public testimony was heard. Public Hearing on Redevelopment Plan for CRA No. 33 for Property located North of Husker Highway and West of Prairieview Street (Innate Development 2, LLC). Regional Planning Director Chad Nabity reported that Innate Development 2, LLC, the purchaser of 200 acres proposed for development as Legacy 34 Subdivision had submitted an application for tax increment financing to aid in the redevelopment of property north of Husker Highway and west of Prairie View Street. The intended use of the property was a mixed use commercial and residential development. Staff recommended approval. Ron Depue, 308 North Locust Street, attorney for the applicant, spoke in support. No further public testimony was heard. Public Hearing on Redevelopment Plan for CRA No. 32 for Property located South of Old Potash Highway and West of North Road (3MJR LLC). Regional Planning Director Chad Nabity Grand Island Council Session - 11/23/2021 Page 77 / 206 Page 2, City Council Regular Meeting, November 9, 2021 reported that 3MJR, LLC, the purchaser of 26 acres proposed as Jaxson Subdivision had submitted an application for tax increment financing to aid in the redevelopment of property south of Old Potash Highway and west of North Road. The intended use of the property was 192 units of age restricted apartments in 3 and 5 unit buildings. Staff recommended approval. Zach Butz, 308 North Locust Street, attorney for the applicant, Bruce Schreiner, 2535 North Carlton, and Josh Rhoads, 830 Bronze Road spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3416 South Locust Street (Bosselman Pump & Pantry, Inc.). Utility Director Tim Luchsinger reported that the Utilities Department needed to acquire a utility easement located at 3416 South Locust Street in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Mountain Tower & Land, LLC was upgrading their existing electrical service to the tower located at 4940 Gold Core Drive. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3518 S. Locust Street (R.S. Wheel, LLC). Utility Director Tim Luchsinger reported that the Utilities Department needed to acquire a utility easement located at 3518 South Locust Street in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Bosselman Pump and Pantry, Inc., had requested a new three phase electrical service for their new Pump & Pantry facility located at 3416 South Locust Street. In conjunction with the new service the Utilities Department was converting the Overhead Electric Primary to Underground at the intersection of US Highway 34 and Locust. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Easement in Lake Heritage Second Subdivision- 2009 W US Highway 34 (Brian T. & Lori L. Fausch). Public Works Director John Collins reported that relocation of the existing septic utility easement at 2009 W US Highway 34 was necessary for construction of a new building at such location. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Drainage Easement for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 (The Leiser Trust- North of Faidley Avenue; East of North Road). Public Works Director John Collins reported that the North Road - Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 was for the improvement of North Road from just north of the intersection of Old Potash Highway to the intersection with 13th Street. The Engineering Division of the Public Works Department was proposing a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and related improvements needed to complete the project. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of 3051 South Locust Street for Lift Station No. 17 (Delvin Wayne Vanosdall). Public Works Director John Collins reported that Lift Station No. 17 Improvements; Project No. 2021-S-9 was for the relocation and construction of a new sanitary sewer lift station that would replace the existing lift station which was currently located north of the intersection of South Locust Street and Exchange Road, on the west side of South Locust Street. Due to lack of space, the replacement lift station would be moved to the east side of South Locust Street. Along with a new lift station, new force main would need to be installed such that Grand Island Council Session - 11/23/2021 Page 78 / 206 Page 3, City Council Regular Meeting, November 9, 2021 the discharge location would outlet to manhole 287 just east of the existing lift station. Also included would be the associated paving, sidewalk, traffic control and all other items needed to complete the project. Delvin Wayne Vanosdall approached the City about potentially acquiring 3051 South Locust Street, which was a suitable location for Lift Station No. 17. 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: #9855 - Consideration of Approving Zoning Change for Property located at 817 West 5th Street from R4-High Density Residential to B2-General Business (Veronica Ramos) (Second and Final Reading) #9856 - Consideration of Approving Zoning Change for Property located West of North Road and South of Old Potash Highway from LLR-Large Lot Residential to RD- Residential Development (Rhoads Enterprises, Inc.) (Second and Final Reading) #9857 - Consideration of Proposed Modifications to City Council Ward Boundaries Resulting from Redistricting (Second and Final Reading) #9858 - Consideration of Approving Benefits for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions (Second and Final Reading) #9859 - Consideration of Amending Chapter 4-9 of the Grand Island City Code Relative to Hours of Alcohol Sales #9860 - Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Semi Truck Parking (Second and Final Reading) #9861 - Consideration of Approving Salary Ordinance (This item was pulled from the agenda at the request of the Human Resources Department.) #9862 - Consideration of Vacation of Public Utility Easement in Lake Heritage Second Subdivision; 2009 W US Highway 34 (Brian T. & Lori L. Fausch) #9863 - Consideration of Vacation of Public Right-of-Way in Original Town; Wheeler Avenue between South Front Street and 3rd Street be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9855 - Consideration of Approving Zoning Change for Property located at 817 West 5th Street from R4-High Density Residential to B2-General Business (Veronica Ramos) (Second and Final Reading) Regional Planning Director Chad Nabity reported that the owners of 817 West 5th Street were requesting that the zoning on property be changed from R4 High Density Residential to B2 General Business. Staff recommended approval. Grand Island Council Session - 11/23/2021 Page 79 / 206 Page 4, City Council Regular Meeting, November 9, 2021 Motion by Paulick, second by Minton to approve Ordinance #9855 on second and final reading. City Clerk: Ordinance #9855 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 second and final readings, Ordinance #9855 is declared to be lawfully adopted upon publication as required by law. #9856 - Consideration of Approving Zoning Change for Property located West of North Road and South of Old Potash Highway from LLR-Large Lot Residential to RD- Residential Development (Rhoads Enterprises, Inc.) (Second and Final Reading) Regional Planning Director Chad Nabity reported that the proposed owners of 26 acres located south of Old Potash Highway and west of North Road were requesting that the zoning on property be changed from LLR Large Lot Residential to RD Residential Development Zone. The proposal was to build 192 units of single story apartments in three and five unit buildings on this property. Staff recommended approval. Discussion was held regarding streets and snow removal. Josh Rhoads stated they would provide snow removal and maintenance to the property owners. Motion by Stelk, second by Nickerson to approve Ordinance #9856 on second and final reading. City Clerk: Ordinance #9856 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, Councilmembers Nickerson, Mendoza, Guzinski, Minton, Conley, Stelk, and Scott voted aye. Councilmember Paulick voted no. Motion adopted. Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9856 is declared to be lawfully adopted upon publication as required by law. #9857 - Consideration of Proposed Modifications to City Council Ward Boundaries Resulting from Redistricting (Second and Final Reading) Regional Planning Director Chad Nabity reported that every 10 years following the release of the decennial census of population and housing counts, it was the responsibility of every governing body whose members are elected by wards or districts to balance the population across those wards or districts. A redistricting committee was formed and met and prepared a new ward map. Staff recommends approval. Motion by Conley, second by Scott to approve Ordinance #9857 on second and final reading. City Clerk: Ordinance #9857 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 - 11/23/2021 Page 80 / 206 Page 5, City Council Regular Meeting, November 9, 2021 Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9857 is declared to be lawfully adopted upon publication as required by law. #9858 - Consideration of Approving Benefits for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions Public Works Director John Collins reported that that the Certificate of Final Completion for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions was approved by City Council on September 28, 2021, via Resolution No. 2021-253; with October 26, 2021 set as the date for Council to sit as the Board of Equalization. The Diamond Engineering Company of Grand Island, Nebraska was hired to perform such work in the amount of $678,366.25. Work was completed at a price of $671,194.58; with additional costs of $275,131.98 for a total cost of $946,326.56. The costs for this project will be assessed to the benefitting properties. Staff recommended approval. Motion by Paulick, second by Conley to approve Ordinance #9858 on second and final reading. City Clerk: Ordinance #9858 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 second and final readings, Ordinance #9858 is declared to be lawfully adopted upon publication as required by law. #9859 - Consideration of Amending Chapter 4-9 of the Grand Island City Code Relative to Hours of Alcohol Sales Interim City Attorney Stacy Nonhof reported that at the request of some bar owners through their attorney and through their Councilmember it was requested to extend the hours of sale of alcohol from 1:00 a.m. until 2:00 a.m. The Grand Island Police Department and the Grand Island Fire Department were opposed to extending the hours. Staff recommended denial. The following people spoke in opposition: Police Chief Robert Falldorf Police Officer Grant Suchanek Sgt. Brandon Riley Katie Usasz, 3204 College Street The following people spoke in support: Amos Anson, 4234 Arizona Avenue Mark Porto, 308 North Locust Street Hurson Castanea, 1733 South Blaine Street Jose Ronquillo, 3111 College Street Motion by Guzinski, second by Minton to approve Ordinance #9859. Grand Island Council Session - 11/23/2021 Page 81 / 206 Page 6, City Council Regular Meeting, November 9, 2021 Motion by Guzinski, second by Minton to postpone this item until the December 14, 2021 City Council meeting. Upon roll call vote, Councilmember Guzinski voted aye. Councilmembers Nickerson, Mendoza, Minton, Conley, Stelk, Scott, and Paulick voted no. Motion failed. Discussion was held regarding support for the Police Department and public safety. Detective Jim Duering answered questions regarding staffing. Francisco Garcia and Hannah Witt, 1111 North Oklahoma Avenue commented on the extra revenue the one hour change would make. Questions were asked about what would happen when the casino came to town. Interim City Attorney Stacy Nonhof stated that the legislature would have to set the laws for the casinos. Comments were made about this coming back for another vote in the future. City Clerk: Ordinance #9859 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Guzinski and Minton voted aye. Councilmembers Nickerson, Mendoza, Conley, Stelk, Scott, and Paulick voted no. Motion failed. Mayor Steele stated had this Ordinance passed he would have vetoed it due to statistics of police calls. #9860 - Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Semi Truck Parking (Second and Final Reading) Interim City Attorney Stacy Nonhof reported that a complaint was made to Councilmember Haase about a semi-truck parked in the driveway of a home running all night long. The home was not on a designated truck route. This ordinance amends Chapter 22-92 of City Code, Truck and Trailer Parking Prohibited to make it clear that semi-trucks and trailers cannot be parked on residential lots. Staff recommends approval. Motion by Paulick, second by Nickerson to approve Ordinance #9860 on second and final reading. City Clerk: Ordinance #9860 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 second and final readings, Ordinance #9860 is declared to be lawfully adopted upon publication as required by law. #9862 - Consideration of Vacation of Public Utility Easement in Lake Heritage Second Subdivision; 2009 W US Highway 34 (Brian T. & Lori L. Fausch) Public Works Director John Collins reported that Public easements were dedicated with the original plat of Lake Heritage Second Subdivision. The initial location of the septic utility easement needed to be relocated to allow for construction of a new building. Staff recommended approval. Grand Island Council Session - 11/23/2021 Page 82 / 206 Page 7, City Council Regular Meeting, November 9, 2021 Motion by Minton, second by Mendoza to approve Ordinance #9862. City Clerk: Ordinance #9862 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 #9862 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 #9862 is declared to be lawfully adopted upon publication as required by law. #9863 - Consideration of Vacation of Public Right-of-Way in Original Town; Wheeler Avenue between South Front Street and 3rd Street Public Works Director John Collins reported that the section of Wheeler Avenue from South Front Street to 3rd Street had been utilized as a public event space for the past few years, however it is currently public street right-of-way. In order to continue the use of Wheeler Avenue from South Front Street to 3rd Street as a public event space this area requires vacation as public right- of-way. Due to several utilities being in this area a public utility easement would be retained over the complete section. Staff recommended approval. Motion by Guzinski, second by Conley to approve Ordinance #9863. City Clerk: Ordinance #9863 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 #9863 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 #9863 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-23 (Resolution #2021-321) was pulled for further discussion. Motion by Paulick, second by Stelk to approve the Consent Agenda excluding item G-23. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 26, 2021 City Council Regular Meeting. #2021-292 - Approving Preliminary and Final Plat for Jaxson Subdivision. It was noted that Rhoads Enterprises, Inc., owners, had submitted the Preliminary and Final Plat and Subdivision Grand Island Council Session - 11/23/2021 Page 83 / 206 Page 8, City Council Regular Meeting, November 9, 2021 Agreement for Jaxson Subdivision located south of Old Potash Highway and west of North Road for the purpose of creating 17 lots on 26.029 acres. #2021-301- Approving Purchase of a 2021 Skid Steer for Water Department from Central Nebraska Bobcat of Grand Island, Nebraska in an Amount of $38,372.68. #2021-302 - Approving Change Order #1 for PGS Chimney Inspection with Pullman Power, LLC, of Kansas City, Missouri for an Increase of $11,701.04 and a Revised Contract Amount of $80,501.04. #2021-303 - Approving Acquisition of Utility Easement - 3416 S. Locust St - Bosselman Pump & Pantry, Inc. #2021-304 - Approving Certificate of Final Completion for Water Main Project 2021-W-2 (Newcastle Road) with The Diamond Engineering Company of Grand Island, Nebraska. #2021-305 - Approving 2021 Victim of Crime Act (VOCA) Grant Award in an Amount of $128,394.00. #2021-306 - Approving Stryker Medical Equipment Maintenance Agreement in an Amount of $68,097.60 with annual payments of $17,024.40 per year for four years. #2021-307 - Approving Medical Supply Restocking Agreement with Grand Island Regional Medical Center of Grand Island, Nebraska. #2021-308 - Approving Change Order No. 1 for Air Handler Replacement of HVAC with Jerry’s Sheet Metal Company of Grand Island, Nebraska for an Increase of $1,694.00 and a Revised Contract Amount of $668,894.00. #2021-309 - Approving Acquisition of Public Easement in Lake Heritage Second Subdivision- 2009 W US Highway 34 (Brian T. & Lori L. Fausch). #2021-310 - Approving State Bid Award for One (1) 2022 Ford Explorer 4WD for the Engineering Division of the Public Works Department from Anderson Auto Group of Lincoln, Nebraska in an Amount of $28,335.00. #2021-311 - Approving Acquisition of Public Drainage Easement for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 (The Leiser Trust- North of Faidley Avenue; East of North Road). #2021-312 - Approving Acquisition of 3051 South Locust Street for Lift Station No. 17 (Delvin Wayne Vanosdall). #2021-313 - Approving Proposal to Furnish and Install Indoor Playground at the Community Fieldhouse with Crouch Recreation of Omaha, Nebraska in an Amount of $211,504.00. Grand Island Council Session - 11/23/2021 Page 84 / 206 Page 9, City Council Regular Meeting, November 9, 2021 #2021-314 - Approving State Bid Award for One (1) 2022 Ford F250 2WD and One (1) 2022 Ford F250 4WD Pickups for the Parks Division of the Parks & Recreation Department from Anderson Ford of Grand Island, Nebraska in an Amount of $80,095.00. #2021-315 - Approving Amendment to 2019 CDBG-6-CV Subrecipient Agreement with Heartland United Way. #2021-316 - Approving Amendment to 2019 CDBG-5-CV Subrecipient Agreement with YWCA. #2021-317 - Approving CDBG 2020-3 Subrecipient Agreement with Railside Downtown Business Improvement District- Sidewalk Repair Program. #2021-318 - Approving Amendment to 2020 CDBG-4 Subrecipient Agreement with Railside Downtown Business Improvement District. #2021-319 - Approving Amendment to 2019 CDBG-8-CV with Central Nebraska Community Action Partnership. #2021-320 - Approving Amendment to CDBG 2019-4-CV with YMCA. #2021-321 - Approving Bid Award for Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 with S.J. Louis Construction, Inc. of Rockville, Minnesota in an Amount of $6,130,000.00. Public Works Director John Collins reported that bids were received for this project and came in under the engineers estimate. The Hall County Board approved this bid at their meeting on November 9, 2021. Mentioned was that change orders could come forward if there was contamination in the soil or unforeseen things underground. Motion by Nickerson, second by Paulick to approve Resolution #2021-321. Upon roll call vote, all voted aye. Motion adopted. #2021-322 - Approving Letter of Credit for Employer’s Mutual Casualty Company (EMC) Insurance Reserve. REQUESTS AND REFERRALS: Consideration of Referring Blighted and Substandard Study for Area #35 to the Regional Planning Commission (Grand Island Public Schools). Regional Planning Director Chad Nabity reported that the Grand Island Public Schools has submitted a Substandard and Blight Study of approximately 3.4 acres of property west of Engleman Road and north of Capital Avenue (old Engleman School site). Staff recommended approval to forward the study to the Planning Commission to consider the use of Tax Increment Financing. Mr. Nabity stated the school district as a taxing entity would not be eligible for TIF but anybody they sold the property would be. It was the intention of the school district to tear down the building prior to selling the property. Once the building is torn down it would not qualify as a blighted area. Grand Island Council Session - 11/23/2021 Page 85 / 206 Page 10, City Council Regular Meeting, November 9, 2021 Keith Marvin with Marvin Planning Consultants from David City, Nebraska spoke in support and stated this was a micro blight area which was limited to just this property. Motion by Minton, second by Scott to approve the request. Upon roll call vote, Councilmembers Nickerson, Mendoza, Minton, Conley, Stelk, and Scott voted aye. Councilmembers Guzinski and Paulick voted no. Motion adopted. Consideration of Referring Blighted and Substandard Study for Area #36 to the Regional Planning Commission (Empire Development). Regional Planning Director Chad Nabity reported that Empire Development had submitted a Substandard and Blight Study of approximately 55.3 acres of property on either side of Independence Avenue south of Nebraska Highway 2. Staff recommended approval to forward the study to the Planning Commission to consider the use of Tax Increment Financing. Keith Marvin with Marvin Planning Consultants from David City, Nebraska answered questions and explained how the age of the structures were averaged. Motion by Guzinski, second by Scott to approve the request. Upon roll call vote, Councilmembers Nickerson, Guzinski, Minton, Conley, Stelk, and Scott voted aye. Councilmembers Mendoza and Paulick voted no. Motion adopted. RESOLUTIONS: #2021-323 - Consideration of Approving Comprehensive Plan to Consider Proposed Changes to the Future Land Use Map for Property located West of Prairieview Street and North of Husker Highway. This item was related to the aforementioned Public Hearing. Motion by Nickerson, second by Stelk to approve Resolution #2021-323. Upon roll call vote, all voted aye. Motion adopted. #2021-324 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 33 for Property located North of Husker Highway and West of Prairieview Street (Innate Development 2 LLC). This item was related to the aforementioned Public Hearing. Motion by Stelk, second by Mendoza to approve Resolution #2021-324. Upon roll call vote, all voted aye. Motion adopted. #2021-325 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 32 for Property located South of Old Potash Highway and West of North Road (3MJR LLC). This item was related to the aforementioned Public Hearing. Motion by Scott, second by Conley to approve Resolution #2021-325. Upon roll call vote, Councilmembers Nickerson, Mendoza, Guzinski, Minton, Conley, Stelk, and Scott voted aye. Councilmember Paulick voted no. Motion adopted. Grand Island Council Session - 11/23/2021 Page 86 / 206 Page 11, City Council Regular Meeting, November 9, 2021 #2021-326 - Consideration of Approving Labor Agreement between the City of Grand Island and the Union Local No. 1597, I.B.E.W., A.F.L.-C.I.O. (Utilities Department). This item was removed from the agenda at the request of the Human Resources Department. PAYMENT OF CLAIMS: Motion by Minton, second by Guzinski to approve the payment of claims for the period of October 27, 2021 through November 9, 2021 for a total amount of $3,428,768.55. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:26 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/23/2021 Page 87 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-2 Approving Re-Appointments of Hector Rubio, Robin Hendricksen, and Tony Randone to the Interjurisdictional Planning Commission Mayor Steele has submitted the re-appointments of Hector Rubio, Robin Hendricksen, and Tony Randone to the Interjurisditctional Planning Commission. These appointments would become effective December 1, 2021 upon approval by the City Council and would expire on November 30, 2022. Staff Contact: Mayor Roger Steele Grand Island Council Session - 11/23/2021 Page 88 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-3 #2021-327 - Approving the 3rd Amendment to the Energy Management and Settlement Service Agreement with Tenaska Power Service Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/23/2021 Page 89 / 206 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:November 9, 2021 Subject: Approving the 3rd Amendment to the Energy Management and Settlement Service Agreement with Tenaska Power Services Presenter(s):Tim Luchsinger, Utilities Director Background In order to ensure a reliable electric supply grid, electric utilities are required by federal and regional agencies to maintain accredited electric generation facilities in an amount to meet their maximum load requirements, plus a reserve to support outside needs in an emergency grid situation. This accreditation includes the operation of each unit at full load for a specified duration annually, and the generation source can be either owned by the utility or through an arrangement with another utility. Meeting this capacity accreditation is also a requirement for a utility to be part of the energy market in the regional Southwest Power Pool (SPP) and allow it to buy and sell power to meet its load. With its units at Platte and Burdick, and share of units at Nebraska City and Hastings, the Utilities Department currently has accredited generation of 231 megawatts to serve a maximum load of 170 megawatts. Discussion Tenaska Power Services, the Department’s power marketer, proposes to buy surplus capacity from the Department and sell to a third party which needs accredited capacity through May 2024 under the terms of the attached agreement as the 3rd Amendment to the Energy Management and Settlement Service Agreement with Tenaska Power Services. Attachment C-1 to Exhibit C includes confidential pricing and is forwarded under separate cover. The Utilities Department recommends that this amendment to the Tenaska agreement be approved by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 11/23/2021 Page 90 / 206 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 3rd Amendment to the Energy Management and Settlement Service Agreement with Tenaska Power Services. Sample Motion Move to approve the 3rd Amendment to the Energy Management and Settlement Service Agreement with Tenaska Power Services. Grand Island Council Session - 11/23/2021 Page 91 / 206 1 THIRD AMENDMENT TO THE ENERGY MANAGEMENT AND SETTLEMENT SERVICES AGREEMENT This Third Amendment to the Energy Management and Settlement Services Agreement (“Amendment”) is entered into as of November 24, 2021 (the “Effective Date”) by and between The City of Grand Island, which through its Electric Division operates a municipal electric utility organized under the laws of Nebraska (“Customer”) and Tenaska Power Services Co. (“TPS”). Each of Customer and TPS may be referred to herein as a “Party” and collectively as the “Parties” to this Amendment. WHEREAS, Customer and TPS are Parties to that certain Energy Management and Settlement Services Agreement dated as of May 22, 2012, as amended (the “Agreement”); and WHEREAS, the Parties desire to amend the Agreement to add a power purchase and sale transaction and update the Parties’ notice information. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both Parties, Customer and TPS hereby agree as follows: AMENDMENT 1. Unless otherwise defined in this Amendment, capitalized terms used in this Amendment shall have the same meaning as that given to such terms in the Agreement. 2. The Parties hereby amend the Agreement by deleting the Parties’ respective information for notices under Section 10.7 of the Agreement and replacing such information with the information contained in Exhibit B attached hereto. For avoidance of doubt, Exhibit B shall remain effective for the term of the Agreement. 3. The Parties hereby amend the Agreement to add Exhibit C attached hereto. Exhibit C of this Amendment shall terminate at the end of the Delivery Period, as defined in Exhibit C, provided that such termination shall not affect the Parties’ rights and obligations which arose prior to the date of termination, which shall remain in full force and effect. 4. The Parties hereby amend the Agreement to add an additional Section. The following paragraph is hereby inserted as Section 11.16: “11.16 Survival. The rights and obligations of the Parties hereunder which by their nature survive expiration or termination of this Agreement shall survive and inure to the benefit of the Parties.” 5. For avoidance of doubt, it is the intent of the Parties that this Amendment and all attachments hereto shall survive the expiration or earlier termination of the Agreement. 6. Unless expressly changed by this Amendment, all other terms of the Agreement shall remain in full force and effect. Grand Island Council Session - 11/23/2021 Page 92 / 206 2 7. This Amendment may be executed in multiple counterparts, including facsimile(s) or emails, each one of which will be considered an original Agreement, but all of which together will constitute one and the same instrument. 8. This Amendment contains the entire agreement between the Parties with respect to the subject matter of this Amendment and supersedes any previous understandings, commitments, or agreements, oral or written, with respect to such subject matter of this Amendment. Grand Island Council Session - 11/23/2021 Page 93 / 206 Signature Page to Third Amendment to the Energy Management and Settlement Services Agreement WHEREFORE, the Parties acknowledge and agree to this Amendment effective as of the Effective Date. TENASKA POWER SERVICES CO. THE CITY OF GRAND ISLAND By: By: Name: ________________________ Name: ________________________ Title: ________________________ Title: ________________________ Grand Island Council Session - 11/23/2021 Page 94 / 206 Page 4 of 11 EXHIBIT B Notice Information TENASKA POWER SERVICES CO. THE CITY OF GRAND ISLAND All Notices: All Notices: Address: 300 E. John Carpenter Freeway, Suite 1100 Irving, TX 75062 Address: 315 N. Jefferson Grand Island, NE 68802 Attn: Manager, Contract Administration Attn: Ryan Schmitz Phone: (817) 303-1860 Phone: (308) 385-5463 Facsimile: (817) 303-1867 Facsimile: (308) 382-0558 Email: TPSContractAdmins@tnsk.com Email: rschmitz@giud.com CICI Number: 549300K7NFSB93YGBN35 CICI Number: CFTC Designation: End User CFTC Designation: Duns: 01-501-6913 Duns: 040919607 Federal Tax ID Number: 47-0824081 (The above is the Tax ID for Tenaska Energy, Inc., the parent company of Party A. Party A is a disregarded entity for federal tax purposes.) Federal Tax ID Number: 47-6006205 Invoices: Attn: Accounts Payable Phone: (817) 462-1521 Facsimile: (817) 462-1038 Email: tps-accounting@tnsk.com Invoices: Attn: Ryan Schmitz Phone: (308) 385-5463 Facsimile: (308) 382-0558 Email: rschmitz@giud.com Real-Time Trading: Phone: (817) 462-1528 Facsimile: (817) 462-1104 Real-Time Trading: Phone: (308) 385-5461 Facsimile: (308) 382-0558 Confirmations: Attn: Contract Administration Phone: (817) 303-1860 Facsimile: (817) 462-1520 Email: confirms@tnsk.com Confirmations: Attn: Ryan Schmitz Phone: (308) 385-5461 Facsimile: (308) 382-0558 Email: pcc-dispatch@grand-island.com Payments: Attn: Accounts Receivable 14302 FNB Parkway Omaha, NE 68154 Phone: (402) 938-1621 Facsimile: (402) 938-1677 Payments: Attn: Ryan Schmitz Phone: (308) 385-5463 Facsimile: (308) 382-0558 Email: rschmitz@giud.com Wire/ACH Transfer: Bank: US Bank, Omaha, NE ABA No: 042000013 Account No: 130111671306 Account Name: Tenaska Power Services Co. Wire/ACH Transfer: Bank: Five Points Bank, Grand Island, NE ABA No: 104901678 Account No: 10731784 Account Name: City of Grand Island Grand Island Council Session - 11/23/2021 Page 95 / 206 Page 5 of 11 Credit and Collections: Attn: Credit Department Phone: (817) 303-1113 Facsimile: (817) 462-1038 Email: credit@tnsk.com Credit and Collections: Attn: Phone: Facsimile: Email: With additional Notices of an Event of Default or Potential Event of Default to: Attn: Associate General Counsel Phone: (817) 462-8053 Facsimile: (817) 303-1104 Email: eodnotices@tnsk.com With additional Notices of an Event of Default or Potential Event of Default to: Attn: Phone: Facsimile: Email: Grand Island Council Session - 11/23/2021 Page 96 / 206 Page 6 of 11 Exhibit C POWER PURCHASE AND SALE TRANSACTION AGREEMENT This Confirmation Agreement (“Confirmation”) shall confirm and govern solely the transaction (“Transaction”) agreed to on October 19, 2021 (“Effective Date”) between The City of Grand Island, which through its Electric Division operates a municipal electric utility organized under the laws of Nebraska (“Seller”), and Tenaska Power Services Co. (“Buyer”), individually a “Party” and collectively the “Parties”, regarding the sale/purchase of the Product under the terms and conditions as follows: Buyer: Tenaska Power Services Co. Seller: The City of Grand Island Facility: C.W. Burdick Station, 800 Bischeld Street Grand Island, Nebraska, 68801 Product: SPP Firm Capacity (“Firm Capacity”) as defined in Attachment AA of the OATT. Firm Capacity shall be sourced from the Facility, or a Seller specified replacement resource as specified below, which shall qualify as a Designated Resource in accordance with the OATT as provided in Transaction Contingencies set forth below. Seller shall be obligated to sell and deliver, and Buyer shall be obligated to purchase and receive Firm Capacity in an amount equal to the Contract Quantity. Buyer and Seller acknowledge and agree that Firm Capacity shall not include any planning reserves, energy or ancillary services. (“SPP”) means the Southwest Power Pool. Term: June 1, 2022 through and including May 31, 2024, subject to the Transaction Contingencies set forth below. Contract Quantity of Firm Capacity: For each month of the Planning Year listed in the table below, Seller and Buyer shall schedule the following volumes in SPP Resource Adequacy Workbook: KW/Month Planning Year Term 7,000 June 1, 2022-May 31, 2023 7,000 June 1, 2023-May 31, 2024 Governing Agreement: Energy Management Agreement dated May 22, 2012, as amended (“EMA”) Delivery Period: June 1, 2022 through and including May 31, 2024 Grand Island Council Session - 11/23/2021 Page 97 / 206 Page 7 of 11 Capacity Price: Per Attachment C-1, attached hereto. Delivery: Buyer shall be responsible for purchasing necessary firm transmission to deliver the Product to Buyer. Delivery of the Quantity of Firm Capacity will be completed upon (a) Buyer’s designation of the Facility in the applicable SPP Engineering Data Submission Tool (or successor) as a Source of Buyer’s Resource Adequacy obligations (as defined in the SPP Tariff) for the Delivery Period, and (b) Seller’s consent to that designation. Notices: All notices referred to in this Confirmation shall be according to Section 10.7 of the Governing Agreement, as amended. Payments: Per Section 5.1 of the Governing Agreement. Seller Failure to Perform: Unless otherwise excused by Force Majeure, in the event the Facility is not available to be used by Buyer to meet the Buyer’s SPP Capacity Obligation for an upcoming Planning Year, Seller shall have the right to supply the Product from a replacement resource, and (i) as long as Seller designates the replacement resource in the SPP Engineering Data Submission Tool by May 15th preceding the upcoming Planning Year and (ii) upon SPP acceptance of such designation as a Summer Season Resource for Buyer, Seller shall have no liability under this Confirmation to Buyer for failure to deliver the Product. Unless otherwise excused by Force Majeure, in the event Seller fails to select a replacement resource for the Product as provided in this section, and in respect of any penalty or costs Buyer incurs as a result of such failure for which Buyer seeks to be indemnified, Buyer shall provide Seller with sufficient supporting documentation of such costs incurred and Seller will refund to Buyer any payments made by Buyer for the Quantity of Firm Capacity for the previous Planning Year up to such costs incurred. The remedies in this section for failure by Seller to perform its obligations to provide the Quantity of Firm Capacity to Buyer shall be in lieu of any and all remedies whether under this Confirmation, the Governing Agreement, at law, in equity or otherwise, and shall be Buyer’s sole and exclusive remedies with respect to such failure. Capacity Representations: Seller represents that the Product made available hereunder shall meet, in all material respects (i) SPP Resource Adequacy requirements and standards, and (ii) the Firm Capacity requirements of SPP Open Access Transmission Tariff, effective October 1, 2021, as filed with the Federal Energy Regulatory Commission and as amended from time to time (“OATT”), as each of these requirements and/or standards in clause (i) and clause (ii) exist on the date the Parties execute this Confirmation. Grand Island Council Session - 11/23/2021 Page 98 / 206 Page 8 of 11 SPP Rules: Each party agrees to abide by all applicable SPP operating procedures, market rules, standards, protocols, and/or product definitions, each as promulgated from time to time by SPP or its successors (the “SPP Rules”). Capitalized terms used but not otherwise defined in this Confirmation or in the Governing Agreement shall have the meanings set forth in the SPP Rules. SPP Market Participant Status: If either Party ceases to be an SPP Market Participant (as defined in the SPP Documents) and is not able to perform its obligations under this Confirmation, an Event of Default under the Governing Agreement shall have occurred with respect to such Party unless such Party cures such default within 15 Business Days. For avoidance of doubt, SPP Documents means (i) the SPP OATT; (ii) the SPP Planning Criteria, Revision 1.6, effective January 31, 2019, as amended from time to time (“SPP Planning Criteria”); and (iii) any business practices and market protocols established or implemented by SPP, as amended from time to time; provided that in the event of any inconsistency in the SPP Documents, the OATT shall at all times prevail. Change in SPP Documents: If the Federal Energy Regulatory Commission or other applicable regulatory body shall implement any change in law, rule, regulation, tariff or practice that materially and adversely affects Seller’s or Buyer’s ability to perform its obligations hereunder, the Parties shall negotiate in good faith an amendment to this Confirmation or take other appropriate action the effect of which is to restore each Party, as closely as possible, to its same position as prior to such change. Buyer’s Re-Sale of Product: Seller acknowledges and agrees that Buyer will re-sell all or a portion of the Product hereunder to a third party purchaser (“Third Party Purchaser”); provided, however, that any such re-sale does not increase Seller’s obligations or liabilities hereunder. Transaction Contingencies: Designated Resource Status for Facility The obligations of the Parties related to the Scheduling, delivery, sale and purchase of, and payment for, Firm Capacity under this Agreement are conditioned on Buyer, or Buyer’s Third Party Purchaser, as applicable, obtaining Designated Resource status for the Facility pursuant to the applicable SPP transmission service study process, which status shall allow for the firm transmission of energy from the Facility to Buyer’s, or Buyer’s Grand Island Council Session - 11/23/2021 Page 99 / 206 Page 9 of 11 Third Party Purchaser’s, as applicable, load. Buyer will, or Buyer’s Third Party Purchaser agrees to, use commercially reasonable efforts to obtain Designated Resource status for the Facility and any Replacement Capacity Resource pursuant to the applicable SPP transmission service study process. If the Directly Assigned Upgrade Costs exceed $0, this Confirmation Letter may be terminated by Buyer by providing written notice to Seller, no later than five (5) Business Days after the Directly Assigned Upgrade Costs are made available by SPP, without penalty or further obligation on the part of Buyer or Seller. If Buyer fails to notify Seller in writing within ten (10) Business Days after the release of the results of the applicable Aggregate Facility Study that Buyer, or Buyer’s Third Party Purchaser, as applicable, has obtained Designated Resource status for the Facility in accordance with the OATT, this Confirmation Letter may be terminated by Seller by providing written notice to Buyer, without penalty or further obligation on the part of Buyer or Seller. This Confirmation is being provided pursuant to and in accordance with the EMA and constitutes part of and is subject to the terms and provisions of the EMA. Terms used but not defined herein shall have the meanings ascribed to them in the EMA, or if not defined therein, then in the SPP Documents. Specific provisions contained in this Confirmation shall control in the event of a conflict between the provisions of the EMA and the provisions of this Confirmation. Grand Island Council Session - 11/23/2021 Page 100 / 206 Page 10 of 11 Tenaska Power Services Co. The City of Grand Island By:____________________________ By:_____________________________ Name: Name: Title: Title: Grand Island Council Session - 11/23/2021 Page 101 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-327 WHEREAS, to ensure a reliable electric supply grid, electric utilities are required by federal and regional agencies to maintain accredited electric generation facilities in an amount to meet their maximum load requirements, plus a reserve to support outside needs in an emergency grid situation; and WHEREAS, with its units at Platte and Burdick, and a share of units at Nebraska City and Hastings, the Utilities Department currently has accredited generation of 231 megawatts to serve a maximum load of 170 megawatts; and WHEREAS, Tenaska Power Services proposes under the terms of Amendment #3 to the Energy Management and Settlement Service Agreement to buy surplus capacity from the Department and sell to a third party which needs accredited capacity through May 2024. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #3 to the Energy Management and Settlement Service Agreement with Tenaska Power Services is approved, and the Mayor is hereby authorized to sign the amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 102 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-4 #2021-328 - Approving Purchase of a 2023 Aerial Truck for the Line Division Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/23/2021 Page 103 / 206 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:November 23, 2021 Subject:Approving Purchase of a 2023 Truck with 55 Foot Articulating Aerial Device for Electric Overhead Department Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Electric Overhead Division of the Utilities Department has a 2009 Freightliner medium duty truck with an articulating telescopic aerial device. This vehicle has approximately 53,000 miles and 7,576 hours which is equivalent to approximately 240,000 miles on the engine and power transmission equipment. This vehicle is in need of replacement due to a variety of maintenance issues. The truck has recurring issues with the upper cylinders, upper control cables and the diesel exhaust fluid system. Current vehicle deliveries are being quoted for 2024, therefore, due to the extended lead time, it is recommended to order a replacement as soon as possible. Discussion The Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) on October 28, 2014, with Resolution 2014-326. To meet competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No.031014-ALT awarded to Altec Industries, Inc. Specifications for replacement of Unit #1561 were prepared by Department staff resulting in a recommendation of a 2023 truck with an articulating aerial device from Altec Industries Inc., of St. Joseph, Missouri, in the amount of $239,673.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 11/23/2021 Page 104 / 206 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2023 Truck with 55 Foot Articulating Aerial Device for the Line Division of the Utilities Department, from Altec Industries St. Joseph, Missouri, in the amount of $239,673.00. Sample Motion Move to approve the purchase of a 2023 Truck with 55 Foot Articulating Aerial Device from Altec Industries St. Joseph, Missouri, in the amount of $239,673.00. Grand Island Council Session - 11/23/2021 Page 105 / 206 Grand Island Council Session - 11/23/2021 Page 106 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-328 WHEREAS, the existing 2009 Freightliner aerial truck has an equivalent of approximately 240,000 miles on the engine and power transmission equipment and has a variety of maintenance issues; and WHEREAS, National Joint Powers Alliance Buying Group contract #031014- ALT was awarded to Altec Industries, Inc., of St. Joseph, Missouri; and WHEREAS, specifications to replace Unit #1561 were prepared by Department staff and a 2023 truck with an articulating aerial device from Altec Industries, Inc., of St. Joseph, Missouri would cost $239,673.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Line Department purchase a 2023 truck with a 55-foot articulating aerial device from Altec Industries Inc., of St. Joseph, Missouri, in the amount of $239,673.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 107 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-5 #2021-329 - Consideration of Change to 2021-2022 Fee Schedule Regarding Transit Division Fees Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 108 / 206 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:November 23, 2021 Subject:Consideration of Change to 2021-2022 Fee Schedule Regarding Transit Division Fees Presenter(s):John Collins PE, Public Works Director Background The Urbanized Area of public transit service has a set fare of $2.00 per boarding/per person for a one-way trip. Discussion In order to provide flexibility and alternatives, the Transit Division would like to allow an option to reduce or waive the $2.00 fare for transit services under the 2021-2022 Fee Schedule. Reductions or waivers would be made under the supervision of the Transit Division for special events such as Public Transit Week Free Ride Coupons, Free Rides for Veterans on Veterans Day and promotional events with the intent of increasing ridership at certain times of the day. The Transit Division will receive approval from the Public Works Director, with concurrence from the Finance Director before implementing a promotional fare. The Transit Division 2021-2022 Fee Schedule would be as follows, with changes in bold. One-Way Trip (collected by CRANE contractor) - $2* *Fares are subject to reduction Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/23/2021 Page 109 / 206 Recommendation City Administration recommends that the Council approve the change to the 2021-2022 Fee Schedule. Sample Motion Move to approve the change to the 2021-2022 Fee Schedule. Grand Island Council Session - 11/23/2021 Page 110 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-329 WHEREAS, On August 10, 2021, via Resolution No. 2021-199, City Council approved the 2021-2022 Fee Schedule; and WHEREAS, it is beneficial to provide flexibility and alternatives to such fee schedule by authorizing staff the ability to implement a reduction or waiver of the required fare for public transit during special events and/or promotions; and WHEREAS, such reduction or waiver of fares will be implemented by the Transit Division of the Public Works Department, upon approval of the Public Works Director, with concurrence from the Finance Director; and WHEREAS, it is recommended that such amendment be approved and adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Fee Schedule is hereby amended to authorize a reduction or fee waiver effective immediately, upon approval of the Public Works Director, with concurrence from the Finance Director during special events and/or promotions. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 111 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-6 #2021-330 - Year-End Certification of City Street Superintendent for Determining Incentive Payment for Calendar Year 2021 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 112 / 206 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:November 23, 2021 Subject:Year-End Certification of City Street Superintendent for Determining Incentive Payment for Calendar Year 2021 Presenter(s):John Collins PE, Public Works Director Background The Nebraska Department of Transportation offers an incentive payment to each municipality that employs a licensed Street Superintendent. The incentive payment is based on the level of licensure of such employee and the population of the municipality, as set by Nebraska State Statue 39-2515. Grand Island would receive $4,000 for a Class B License and $8,000 for a Class A License. Furthermore, State of Nebraska Statutes, sections 39-2302 and 39-2511 thru 39-2515 require a Municipality to certify having a licensed Street Superintendent in its employ during the calendar year preceding the year in which payment is made. Discussion Shannon Callahan, City of Grand Island Street Superintendent, held a Class A Street Superintendent License and was employed with the City of Grand Island during the 2021 calendar year; therefore the City will receive the 2021 annual incentive payment of $8,000 from the Nebraska Department of Transportation in February or March of 2022. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/23/2021 Page 113 / 206 Recommendation City Administration recommends that the Council approve the signing of the Year-End Certification of City Street Superintendent for determining incentive payment for the 2021 calendar year. Sample Motion Move to approve the signing of the Year-End Certification of City Street Superintendent for determining incentive payment for the 2021 calendar year. Grand Island Council Session - 11/23/2021 Page 114 / 206 Grand Island Council Session - 11/23/2021 Page 115 / 206 Grand Island Council Session - 11/23/2021 Page 116 / 206 Grand Island Council Session - 11/23/2021 Page 117 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-7 #2021-331 - Approving Bid Award of One (1) 2022 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 118 / 206 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 23, 2021 Subject:Approving Bid Award of One (1) 2022 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department Presenter(s):John Collins P.E., Public Works Director Background On October 30, 2021 the Solid Waste Division of the Public Works Department advertised for a 2022 Model Solid Waste Transfer Trailer. There were ten (10) potential bidders for such piece of equipment. Funds for the transfer trailer are in the approved 2021/ 2022 budget. Discussion One (1) bid was received and opened on November 16, 2021. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bid that was submitted. The transfer trailer bid by Wilkens Industries, Inc. of Morris, Minnesota meets all of the specifications. This transfer trailer is a front-line piece of equipment that is utilized on a daily basis for hauling solid waste form the Transfer Station to the Landfill for disposal. This transfer trailer will replace the 2014 Wilkens model that is being traded in with this purchase, which is 8 years old and in need of new tires, hydraulic hoses and lines, brakes, and several other repairs due to years of severe use in Transfer Station and Landfill operations. A picture of the Wilkens model transfer trailer to be traded is below. Grand Island Council Session - 11/23/2021 Page 119 / 206 Bidder Base Price Trade-In Net Cost Wilkens Industries of Morris, MN $105,483.00 $12,000.00 $93,483.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the solid waste transfer trailer from Wilkens Industries of Morris, MN for the net cost of $93,483.00. Sample Motion Move to approve the purchase of the solid waste transfer trailer from Wilkens Industries of Morris, MN for the net cost of $93,483.00. Grand Island Council Session - 11/23/2021 Page 120 / 206 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: November 16, 2021 at 2:15 p.m. FOR: One (1) 2022 Solid Waste Transfer Trailer – Re-Bid DEPARTMENT: Public Works ESTIMATE: $120,000.00 FUND/ACCOUNT: 505 PUBLICATION DATE: October 30, 2021 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: Wilkens Industries, Inc. Morris, MN Bid Security: Cashier Check Exceptions: None Bid Price: Base Price: $105,483.00 Trade-In: $ 12,000.00 Total Bid: $ 93,483.00 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Superintendent P2324 Grand Island Council Session - 11/23/2021 Page 121 / 206 Approved as to Form ¤ ___________ November 19, 20212 ¤ City Attorney R E S O L U T I O N 2021-331 WHEREAS, the City of Grand Island invited sealed bids for one (1) 2022 Model Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on November 16, 2021 bids were received, opened and reviewed; and WHEREAS, Wilkens Industries of Morris, Minnesota submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the net amount of $93,483.00; and WHEREAS, Wilkens Industries bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkens Industries of Morris, Minnesota in the net amount of $93,483.00 for one (1) 2022 Model Solid Waste Transfer Trailer is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 122 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-8 #2021-332 - Approving Bid Award for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 123 / 206 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 23, 2021 Subject:Approving Bid Award for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street Presenter(s):John Collins PE, Public Works Director Background On October 29, 2021 the Engineering Division of the Public Works Department advertised for bids for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street. The bid package for this project was sent to eight (8) potential bidders. This project will address maintenance and repair items identified during Olsson, Inc.’s Structural Investigation and Recommendations Report dated April 23, 2021 within the parking ramp at 103 North Locust Street. Discussion Four (4) bids were received and opened on November 16, 2021. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Base Bid Exceptions Wilkinson Industrial of Shelton, NE $70,488.00 None Diamond Engineering Co. of Grand Island, NE $71,844.31 None American Pavement Solutions, Inc. of Green Bay, WI $86,918.00 None Mid Plains Construction Co. of Grand Island, NE $28,939.00 Noted The bid of Wilkinson Industrial of Shelton, Nebraska is considered fair and reasonable and is well below the engineer’s estimate. The bid of Mid Plains Construction Co. of Grand Island, Nebraska was deemed non-compliant by the City’s Legal Department. Funds were approved in the FY 2021/2022 budget for this work. Grand Island Council Session - 11/23/2021 Page 124 / 206 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Wilkinson Industrial of Shelton, Nebraska in the amount of $70,488.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/23/2021 Page 125 / 206 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: November 16, 2021 at 2:00 FOR: Parking Ramp Maintenance & Repairs – 2021; 103 N Locust Street Re-Bid DEPARTMENT: Public Works ESTIMATE: $90,000.00 FUND/ACCOUNT: 270 & 10033002 PUBLICATION DATE: October 29, 2021 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Wilkinson Industrial Mid Plains Construction Co. Shelton, NE Grand Island, NE Bid Security: Universal Surety Co. Universal Surety Co. Exceptions: None Noted Bid Price: $70,488.00 $28,939.00 Bidder: Diamond Engineering Co. American Pavement Solutions, Inc. Grand Island, NE Green Bay, WI Bid Security: Universal Surety Co. Shore West Exceptions: None None Bid Price: $71,844.31 $86,918.00 cc: John Collins, Public Works Director Catrina DeLosh, Admin. Asst. Public Works Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2323 Grand Island Council Session - 11/23/2021 Page 126 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-332 WHEREAS, the City of Grand Island invited sealed bids for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street, according to plans and specifications on file with the Public Works Department; and WHEREAS, on November 16, 2021 bids were received, opened, and reviewed; and WHEREAS, Wilkinson Industrial of Shelton, Nebraska submitted a base 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 $70,488.00; and WHEREAS, Wilkinson Industrial’s base bid is considered fair and reasonable for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkinson Industrial of Shelton, Nebraska in the amount of $70,488.00 for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 127 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-9 #2021-333 - Approving Acquisition of Public Utility Easement for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 128 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2020-333 WHEREAS, a public utility easement is required by the City of Grand Island, from affected property owners in Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 project area: Property Owner Legal Description Amount Martin Montelongo and Maria S. Montelongo A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 3, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET; THENCE N89o53’03”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 5.00 FEET; THENCE N00o07’04”E PARALLEL TO AND 5.00 FEET WEST OF THE EAST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE S89o53’03”E ALONG THE NORTH LINE OF SAID LOT 3, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID CAPITAL AVENUE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 60 SF MORE OR LESS. $100.00 Tommy Lee Anderson A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 4, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE ON AN ASSUMED BEARING OF N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 4, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 5.00 FEET; THENCE S00o07’04”W PARALLEL TO AND 5.00 FEET EAST OF THE WEST LINE OF SAID LOT 4, A DISTANCE OF 12.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 5.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 60 SF MORE OR LESS. AND A PERMANENT UTILITY EASEMENT LOCATED IN LOT 4, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4, THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET; $160.00 Grand Island Council Session - 11/23/2021 Page 129 / 206 - 2 - THENCE S89o57’05”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET; THENCE N00o07’04”E PARALLEL TO AND 10.00 FEET WEST OF THE EAST LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4; THENCE N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 100 SF MORE OR LESS. TS12, LLC A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 1, STERLING ESTATES SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF S89o52’30”W ALONG THE NORTH LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTH RIGHT- OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 80.53 FEET TO THE POINT OF BEGINNING; THENCE S00o07’30”W A DISTANCE OF 10.27 FEET; THENCE N89o52’30”W A DISTANCE OF 10.00 FEET; THENCE N00o07’30”E A DISTANCE OF 10.27 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE S89o52’30”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID CAPITAL AVENUE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 103 SF MORE OR LESS. Donated Total cost of Permanent Easements= $260.00 WHEREAS, Agreements for the public utility easements have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreements for the public utility easements on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Grand Island Council Session - 11/23/2021 Page 130 / 206 - 3 - RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 131 / 206 Grand Island Council Session - 11/23/2021 Page 132 / 206 Grand Island Council Session - 11/23/2021 Page 133 / 206 Grand Island Council Session - 11/23/2021 Page 134 / 206 Grand Island Council Session - 11/23/2021 Page 135 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-10 #2021-334 - Approving Temporary Construction Easement for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 136 / 206 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 23, 2021 Subject:Approving Temporary Construction Easement for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Presenter(s):John Collins PE, Public Works Director Background The Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 is for the improvement of Capital Avenue from the Moores Creek Drainway to the roundabout at North Road. This will be a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and all other related improvements needed to complete the project. Temporary Construction easements are needed to accommodate the construction activities for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1, which must be approved by City Council. The temporary construction easements will allow for the roadway improvements to this area. A sketch of each temporary construction easement area is attached for reference. Discussion Temporary construction easements are needed from several property owners for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 to be constructed. Engineering staff of the Public Works Department negotiated with the property owners for use of such temporary construction easement areas. Property Owner Legal Description Amount TS12 Phase II, LLC A TEMPORARY EASEMENT LOCATED IN LOT 1, STERLING ESTATES NINTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; Donated Grand Island Council Session - 11/23/2021 Page 137 / 206 THENCE OIN AN ASSUMED BEARING S89o53’32”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 262.33 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00o06’28”W ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 30.00 FEET; THENCE N89o53’32”W PARALLEL TO AND 30.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 221.33 FEET; THENCE S00o06’28”W PARALLEL TO AND 41.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 12.00 FEET; THENCE N89o53’32”W PARALLEL TO AND 42.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 8.00 FEET; THENCE S00o06’28”W PARALLEL TO AND 33.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 44.01 FEET; THENCE N89o53’32”W PARALLEL TO AND 86.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 18.00 FEET; THENCE S00o06’28”W PARALLEL TO AND 15.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 11.92 FEET; THENCE N89o53’32”W PARALLEL TO AND 97.93 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o06’28”E ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 97.93 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 9993 SF MORE OR LESS. SB Communities, LLC A TEMPORARY EASEMENT LOCATED IN LOT 2, STERLING ESTATES NINTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF S89o53’32”E ALONG THE NORTH LINE OF SAID LOT 2, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 252.75 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S00o06’54”W ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 30.00 FEET; THENCE N89o53’32”W PARALLEL TO AND 30.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 252.74 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE N00o06’28”E ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 7582 SF MORE OR LESS. Donated TS12, LLC A TEMPORARY EASEMENT LOCATED IN LOT 1, STERLING ESTATES SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF S89o52’30”E ALONG THE NORTH LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTH Donated Grand Island Council Session - 11/23/2021 Page 138 / 206 RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 405.00 FEET TO THE NORTHWEST CORNER OF A PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S00o07’30”W A DISTANCE OF 10.27 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S89o52’30”E A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE N00o07’30”E A DISTANCE OF 10.27 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE S89o52’30”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 80.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00o37’19”E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET; THENCE N89o52’30”W PARALLEL TO AND 15.00 FEET SOUTH OF SAID NORTH LINE, A DISTANCE OF 90.73 FEET; THENCE N86o08’58”W A DISTANCE OF 46.17 FEET; THENCE N89o52’30”W A DISTANCE OF 30.01 FEET; THENCE S51o54’16”W A DISTANCE OF 50.11 FEET; THENCE N63o04’08”W A DISTANCE OF 33.26 FEET; THENCE N89o52’30”W A DISATNCE OF 177.94 FEET; THENCE S56o25’47”W A DISTANCE OF 18.03 FEET; THENCE N89o52’30”W A DISTANCE OF 66.92 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o06’28”E ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 38.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 12,396 SF MORE OR LESS. Barbara Wieczorek A TEMPORARY EASEMENT LOCATED IN LOT 7, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ON AN ASSUMED BEARING OF S89o42’07”E ALONG THE NORTH LINE OF SAID LOT 7, LINE ALSO BEING THE SOUTH RIGHT- OF-WAY LINE OF CAPITAL AVENUE. A DISTANCE OF 130.07 FEET TO THE NORTHEAST CORNER OF SAID LOT 7; THENCE S00o24’59”E ALONG THE EAST LINE OF SAID LOT 7, A DISTANCE OF 139.94 FEET; THENCE S89o35’01”W A DISTANCE OF 5.00 FEET; THENCE N00o24’59”W PARALLEL TO AND 5.00 FEET WEST OF THE EAST LINE OF SAID LOT 7, A DISTANCE OF 120.00 FEET; THENCE N89o42’07”W PARALLEL TO AND 20.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 59.19 FEET; THENCE N00o07’04”E A DISTANCE OF 10.00 FEET; THENCE N89o42’07”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 66.07 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7; THENCE $510.00 Grand Island Council Session - 11/23/2021 Page 139 / 206 N00o07’04”E ALONG THE WEST LINE OF SAID LOT 7, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,542 SF MORE OR LESS. Janice Dyer A TEMPORARY EASEMENT LOCATED IN LOT 6, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ON AN ASSUMED BEARING OF S89o51’56”E ALONG THE NORTH LINE OF SAID LOT 6, LINE ALSO BEING THE SOUTH RIGHT- OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 130.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE S00o07’04”W ALONG THE EAST LINE OF SAID LOT 6, A DISTANCE OF 10.00 FEET; THENCE N89o51’56”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 65.00 FEET; THENCE S00o07’04”W PARALLEL TO AND 65.00 FEET EAST OF THE WEST LINE OF SAID LOT 6, A DISTANCE OF 4.00 FEET; THENCE N89o51’56”W PARALLEL TO AND 14.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 65.00 FEET TO A POINT ON THE WEST LINE OF LOT 6; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 6, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,560 SF MORE OR LESS. $320.00 James Tinnell and Sheila Tinnell A TEMPORARY EASEMENT LOCATED IN LOT 5, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 5, A DISTANCE OF 14.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 14.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 65.92 FEET; THENCE S00o07’04”W PARALLEL TO AND 64.00 FEET EAST OF THE WEST LINE OF SAID LOT 5, A DISTANCE OF 8.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 22.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 64.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 5; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 22.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 5, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 129.92 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,331 SF MORE OR LESS. $470.00 Grand Island Council Session - 11/23/2021 Page 140 / 206 Hope E Nelsen A TEMPORARY EASEMENT LOCATED IN LOT 2, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 2, A DISATNCE OF 12.00 FEET; THENCE N89o52’49”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 86.00 FEET; THENCE N00o07’04”E A DISTANCE OF 12.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE S89o52’49”E ALONG THE NORTH LINE OF SAID LOT 2, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 86.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,032 SF MORE OR LESS. $210.00 Martin Montelongo and Maria S. Montelongo A TEMPORARY EASEMENT LOCATED IN LOT 3, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE ON AN ASSUMED BEARING S89o53’03”E ALONG THE NORTH LINE OF SAID LOT 3, LINE ALSO BEING THE SOUTH RIGHT-OF- WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 125.01 FEET TO THE NORTHWEST CORNER OF A PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S00o07’04”W PARALLEL TO AND 5.00 FEET WEST OF THE EAST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S89o53’03”E PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 5.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3; THENCE S00o07’04”W ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 7.00 FEET; THENCE N85o34’32”W A DISTANCE OF 93.18 FEET; THENCE N89o53’03”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 37.09 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3; THENCE N00o07’04”E, ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,825 SF MORE OR LESS. $370.00 Tommy Lee Anderson A TEMPORARY EASEMENT LOCATED IN LOT 4, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE ON AN ASSUMED BEARING OF S89o57’05”W ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE S00o07’04”W A $770.00 Grand Island Council Session - 11/23/2021 Page 141 / 206 DISTANCE OF 10.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 64.92 FEET; THENCE S00o07’04”W PARALLEL TO AND 55.00 FEET EAST OF THE WEST LINE OF SAID LOT 4, A DISTANCE OF 17.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 27.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 55.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 15.00 FEET TO THE SOUTHWEST CORNER OF A PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE N89o57’05”E PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 5.00 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE N00o07’04”E PARALLEL TO AND 5.00 FEET EAST OF THE WEST LINE OF SAID LOT 4, A DISTANCE OF 12.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4, POINT ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 4, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID CAPITAL AVENUE, A DISTANCE OF 114.92 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,074 SF MORE OR LESS. Total Cost of Temporary Easements= $2,650.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easement between the City of Grand Island and the affected property owners for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1, in the total amount of $2,650.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 11/23/2021 Page 142 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-334 WHEREAS, temporary construction easements are required by the City of Grand Island, from affected property owners in Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 project area: Property Owner Legal Description Amount TS12 Phase II, LLC A TEMPORARY EASEMENT LOCATED IN LOT 1, STERLING ESTATES NINTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE OIN AN ASSUMED BEARING S89o53’32”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 262.33 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00o06’28”W ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 30.00 FEET; THENCE N89o53’32”W PARALLEL TO AND 30.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 221.33 FEET; THENCE S00o06’28”W PARALLEL TO AND 41.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 12.00 FEET; THENCE N89o53’32”W PARALLEL TO AND 42.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 8.00 FEET; THENCE S00o06’28”W PARALLEL TO AND 33.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 44.01 FEET; THENCE N89o53’32”W PARALLEL TO AND 86.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 18.00 FEET; THENCE S00o06’28”W PARALLEL TO AND 15.00 FEET EAST OF THE WEST LINE OF SAID LOT 1, A DISTANCE OF 11.92 FEET; THENCE N89o53’32”W PARALLEL TO AND 97.93 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o06’28”E ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 97.93 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 9993 SF MORE OR LESS. Donated SB Communities, LLC A TEMPORARY EASEMENT LOCATED IN LOT 2, STERLING ESTATES NINTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF S89o53’32”E ALONG THE NORTH LINE OF SAID LOT 2, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 252.75 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S00o06’54”W ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 30.00 FEET; THENCE N89o53’32”W PARALLEL TO AND 30.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 252.74 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE N00o06’28”E ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 7582 SF MORE OR LESS. Donated TS12, LLC A TEMPORARY EASEMENT LOCATED IN LOT 1, STERLING ESTATES SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL Donated Grand Island Council Session - 11/23/2021 Page 143 / 206 - 2 - COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF S89o52’30”E ALONG THE NORTH LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 405.00 FEET TO THE NORTHWEST CORNER OF A PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S00o07’30”W A DISTANCE OF 10.27 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S89o52’30”E A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE N00o07’30”E A DISTANCE OF 10.27 FEET TO THE NORTHEAST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE S89o52’30”E ALONG THE NORTH LINE OF SAID LOT 1, LINE ALSO BEING THE SOUTH RIGHT- OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 80.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00o37’19”E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET; THENCE N89o52’30”W PARALLEL TO AND 15.00 FEET SOUTH OF SAID NORTH LINE, A DISTANCE OF 90.73 FEET; THENCE N86o08’58”W A DISTANCE OF 46.17 FEET; THENCE N89o52’30”W A DISTANCE OF 30.01 FEET; THENCE S51o54’16”W A DISTANCE OF 50.11 FEET; THENCE N63o04’08”W A DISTANCE OF 33.26 FEET; THENCE N89o52’30”W A DISATNCE OF 177.94 FEET; THENCE S56o25’47”W A DISTANCE OF 18.03 FEET; THENCE N89o52’30”W A DISTANCE OF 66.92 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE N00o06’28”E ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 38.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 12,396 SF MORE OR LESS. Barbara Wieczorek A TEMPORARY EASEMENT LOCATED IN LOT 7, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ON AN ASSUMED BEARING OF S89o42’07”E ALONG THE NORTH LINE OF SAID LOT 7, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE. A DISTANCE OF 130.07 FEET TO THE NORTHEAST CORNER OF SAID LOT 7; THENCE S00o24’59”E ALONG THE EAST LINE OF SAID LOT 7, A DISTANCE OF 139.94 FEET; THENCE S89o35’01”W A DISTANCE OF 5.00 FEET; THENCE N00o24’59”W PARALLEL TO AND 5.00 FEET WEST OF THE EAST LINE OF SAID LOT 7, A DISTANCE OF 120.00 FEET; THENCE N89o42’07”W PARALLEL TO AND 20.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 59.19 FEET; THENCE N00o07’04”E A DISTANCE OF 10.00 FEET; THENCE N89o42’07”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 66.07 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 7, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,542 SF MORE OR LESS. $510.00 Janice Dyer A TEMPORARY EASEMENT LOCATED IN LOT 6, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, $320.00 Grand Island Council Session - 11/23/2021 Page 144 / 206 - 3 - NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ON AN ASSUMED BEARING OF S89o51’56”E ALONG THE NORTH LINE OF SAID LOT 6, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 130.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE S00o07’04”W ALONG THE EAST LINE OF SAID LOT 6, A DISTANCE OF 10.00 FEET; THENCE N89o51’56”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 65.00 FEET; THENCE S00o07’04”W PARALLEL TO AND 65.00 FEET EAST OF THE WEST LINE OF SAID LOT 6, A DISTANCE OF 4.00 FEET; THENCE N89o51’56”W PARALLEL TO AND 14.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 65.00 FEET TO A POINT ON THE WEST LINE OF LOT 6; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 6, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,560 SF MORE OR LESS. James Tinnell and Sheila Tinnell A TEMPORARY EASEMENT LOCATED IN LOT 5, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 5, A DISTANCE OF 14.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 14.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 65.92 FEET; THENCE S00o07’04”W PARALLEL TO AND 64.00 FEET EAST OF THE WEST LINE OF SAID LOT 5, A DISTANCE OF 8.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 22.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 64.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 5; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 22.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 5, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 129.92 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,331 SF MORE OR LESS. $470.00 Hope E Nelsen A TEMPORARY EASEMENT LOCATED IN LOT 2, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF S00o07’04”W ALONG THE EAST LINE OF SAID LOT 2, A DISATNCE OF 12.00 FEET; THENCE N89o52’49”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 86.00 FEET; THENCE N00o07’04”E A DISTANCE OF 12.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE S89o52’49”E ALONG THE NORTH LINE OF SAID LOT 2, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 86.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,032 SF MORE OR LESS. $210.00 Grand Island Council Session - 11/23/2021 Page 145 / 206 - 4 - Martin Montelongo and Maria S. Montelongo A TEMPORARY EASEMENT LOCATED IN LOT 3, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE ON AN ASSUMED BEARING S89o53’03”E ALONG THE NORTH LINE OF SAID LOT 3, LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 125.01 FEET TO THE NORTHWEST CORNER OF A PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S00o07’04”W PARALLEL TO AND 5.00 FEET WEST OF THE EAST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE S89o53’03”E PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 5.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3; THENCE S00o07’04”W ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 7.00 FEET; THENCE N85o34’32”W A DISTANCE OF 93.18 FEET; THENCE N89o53’03”W PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 37.09 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3; THENCE N00o07’04”E, ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 1,825 SF MORE OR LESS. $370.00 Tommy Lee Anderson A TEMPORARY EASEMENT LOCATED IN LOT 4, NORTHWEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE ON AN ASSUMED BEARING OF S89o57’05”W ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE S00o07’04”W A DISTANCE OF 10.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 10.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 64.92 FEET; THENCE S00o07’04”W PARALLEL TO AND 55.00 FEET EAST OF THE WEST LINE OF SAID LOT 4, A DISTANCE OF 17.00 FEET; THENCE S89o57’05”W PARALLEL TO AND 27.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 55.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4; THENCE N00o07’04”E ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 15.00 FEET TO THE SOUTHWEST CORNER OF A PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE N89o57’05”E PARALLEL TO AND 12.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 5.00 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED PERMANENT DRAINAGE EASEMENT; THENCE N00o07’04”E PARALLEL TO AND 5.00 FEET EAST OF THE WEST LINE OF SAID LOT 4, A DISTANCE OF 12.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 4, POINT ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE; THENCE N89o57’05”E ALONG THE NORTH LINE OF SAID LOT 4, LINE ALSO BEING THE SOUTH RIGHT- OF-WAY LINE OF SAID CAPITAL AVENUE, A DISTANCE OF 114.92 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 2,074 SF MORE OR LESS. $770.00 Total Cost of Temporary Easements= $2,650.00 Grand Island Council Session - 11/23/2021 Page 146 / 206 - 5 - WHEREAS, such Temporary Construction easements have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owners for the Temporary Construction easements on the above described tracts of land, in the total amount of $2,650.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 147 / 206 Grand Island Council Session - 11/23/2021 Page 148 / 206 Grand Island Council Session - 11/23/2021 Page 149 / 206 Grand Island Council Session - 11/23/2021 Page 150 / 206 020-0583PROJECT NO: DRAWN BY: 1.18.2021DATE: LS EXHIBITTEMPORARY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 SITE LOCATION SEC. 12 T11N-R10W Grand IslandCouncil Session - 11/23/2021Page 151 / 206 Grand Island Council Session - 11/23/2021 Page 152 / 206 Grand Island Council Session - 11/23/2021 Page 153 / 206 Grand Island Council Session - 11/23/2021 Page 154 / 206 Grand Island Council Session - 11/23/2021 Page 155 / 206 Grand Island Council Session - 11/23/2021 Page 156 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-11 #2021-335 - Approving Agreement with Applied Pavement Technology, Inc. for 2022 Pavement Condition Assessment Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 157 / 206 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 23, 2021 Subject:Approving Agreement with Applied Pavement Technology, Inc. for 2022 Pavement Condition Assessment Presenter(s):John Collins PE, Public Works Director Background A Request for Qualifications (RFQ) for 2022 Pavement Condition Assessment was advertised in the Grand Island Independent on August 4, 2021. The RFQ was also sent to nine (9) potential proposers by the Engineering Division of the Public Works Department. The City is required to assess roadway pavement every three (3) years, at a minimum. Such assessment is used to determine roadways that become part of the annual maintenance project, as well as roadways that require more substantial work or rebuild. This information is also used for the City’s annual audit and for GASB 34 (GASB 34 provides a comprehensive framework for financial reporting with the objective of making annual reports easier to understand and more useful to the people who rely upon the financial condition contained therein. The most significant aspect of Statement 34 was that for the first time general infrastructure assets; such as roads, bridges and dams) were to be reported together with related depreciation or preservation costs. Discussion Three (3) submittals were received on September 2, 2021, with evaluation of each by Public Work staff based on established criteria in the RFQ. The pavement condition assessment and pavement management services were a requirement of the scope of services. Applied Pavement Technology, Inc. of Urbana, Illinois was selected as the best qualified firm to perform the requested services. An agreement was negotiated for the services to be performed at actual costs with a maximum amount of $136,655.00. It is anticipated that all work will be completed before the end of this fiscal year. Grand Island Council Session - 11/23/2021 Page 158 / 206 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 agreement with Applied Pavement Technology, Inc. of Urbana, Illinois for pavement condition assessment and pavement management services to be performed at actual costs with a maximum amount of $136,655.00. Sample Motion Move to approve the agreement. Grand Island Council Session - 11/23/2021 Page 159 / 206 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR 2022 PAVEMENT CONDITION ASSESSMENT RFP DUE DATE: September 2, 2021 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: August 4, 2021 NO. POTENTIAL BIDDERS: 9 PROPOSALS RECEIVED Applied Pavement Technology, Inc. ARA, Inc. Urbana, IL Champaign, IL ERI Savoy, IL cc: John Collins, Public Works Director Catrina DeLosh, Admin. Asst. Public Works Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Asst. Public Works Director P2299 Grand Island Council Session - 11/23/2021 Page 160 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-335 WHEREAS, on August 4, 2021 the Engineering Division of the Public Works Department for the City of Grand Island, advertised for Request for Qualifications for Consulting Services for Pavement Condition Assessment and Pavement Management Services; and WHEREAS, on September 2, 2021 Proposals for such services were opened and evaluated by Public Works staff based on established criteria; and WHEREAS, the proposal submitted by Applied Pavement Technology, Inc. of Urbana, Illinois received the highest ranking based on the established criteria; and WHEREAS, such work will consist of pavement condition assessment and pavement management services; and WHEREAS, the agreement was negotiated for the work to be performed at actual costs with a maximum amount of $136,655.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with Applied Pavement Technology, Inc. of Urbana, Illinois for actuals costs with a maximum amount of $136,655.00 for pavement condition assessment and pavement management services is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to enter into such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 161 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-12 #2021-336 - Approving Certificate of Final Completion for the 2021 Asphalt Resurfacing Project No. 2021-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/23/2021 Page 162 / 206 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:November 23, 2021 Subject:Approving Certificate of Final Completion for the 2021 Asphalt Resurfacing Project No. 2021-AC-1 Presenter(s):John Collins PE, Public Works Director Background Gary Smith Construction Co, Inc. of Grand Island, Nebraska was awarded a $641,901.26 contract by the City Council on March 23, 2021, via Resolution No. 2021-62, for the 2021 Annual Asphalt Resurfacing project. This year’s work involved asphalt resurfacing on: Section #1 – Anna Street; Grant Street to Adam Street Section #2 – Adams Street; Hedde Street to Phoenix Avenue Section #3 – Harrison Street; Stolley Park Road to Anna Street Section #4 – Bismark Road; Stuhr Road to Shady Bend Road Section #5- Eagle Scout Park; Parking Lot and Driveways Section #6- Ryder Park (West Lot) Parking Lot and Driveways On September 28, 2021, via Resolution No. 2021-251, City Council approved Change Order No. 1 at a cost of $15,320.00 to address additional time and reconstruction of the Ryder Park driveway. 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 $662,744.61, resulting in an overrun of $5,523.35. The project overrun was due to additional asphaltic concrete material needed to adequately resurface both Eagle Scout Lake and Ryder Park parking lot and driveway. Grand Island Council Session - 11/23/2021 Page 163 / 206 Additional project costs (detailed below) totaled $51,459.39 for a final project cost of $714,204.00. Additional Project Costs- GSI Engineering- Quality Assurance $ 1,040.00 Grand Island Independent- Advertising $ 233.88 City of Grand Island Public Works Engineering Services $ 50,185.51 Additional Project Costs Total =$ 51,459.39 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. 2021-AC-1. Sample Motion Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2021-AC-1. Grand Island Council Session - 11/23/2021 Page 164 / 206 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Asphalt Resurfacing Project No. 2021-AC-1 CITY OF GRAND ISLAND, NEBRASKA November 23, 2021 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Asphalt Resurfacing Project No. 2021-AC-1 has been fully completed by Gary Smith Construction Co, Inc. of Grand Island, Nebraska under the contract dated March 25, 2021. 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. 2021-AC-1 Item No.Description Total Quantity Unit Unit Price Total Cost Bid Section #1- ANNA STREET; GRANT STREET TO ADAMS STREET 1 MOBILIZATION 1.00 LS $ 5,700.00 $5,700.00 2 COLD MILLING, CLASS 4 (DEPTH 2")11,019.00 SY $ 1.85 $20,385.15 3 ASPHALTIC CONCRETE, TYPE SPR (2")1,281.84 TON $ 59.26 $75,961.84 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 0.00 TON $ 80.00 $0.00 5 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 120.00 $0.00 6 TACK COAT 1,600.00 GAL $ 2.00 $3,200.00 7 RAISED LANE MARKERS 43.00 EA $ 0.75 $32.25 8 TEMPORARY SIGN DAY 102.00 DAY $ 5.60 $571.20 9 BARRICADE, TYPE II 170.00 BDAY $ 1.00 $170.00 10 BARRICADE, TYPE III 89.00 BDAY $ 1.75 $155.75 11 FLAGGING 5.00 DAY $ 210.00 $1,050.00 12 FURNISHING & OPERATING PILOT VEHICLE 0.00 DAY $ 270.00 $0.00 Total Bid Section #1= $107,226.19 Bid Section #2- ADAMS STREET; HEDDE STREET TO PHOENIX AVENUE 1 MOBILIZATION 1.00 LS $ - $0.00 2 COLD MILLING, CLASS 3 (DEPTH 2")5,603.00 SY $ 1.85 $10,365.55 3 ASPHALTIC CONCRETE, TYPE SPR (2")740.47 TON $ 59.26 $43,880.25 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 0.00 TON $ 80.00 $0.00 5 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 120.00 $0.00 6 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 10.00 TONG AL $ 60.00 $600.00 7 TACK COAT 1,000.00 EA $ 2.00 $2,000.00 8 RAISED LANE MARKERS 79.00 DAY $ 0.75 $59.25 Grand Island Council Session - 11/23/2021 Page 165 / 206 9 TEMPORARY SIGN DAY 78.00 BDAY $ 5.60 $436.80 10 BARRICADE, TYPE II 207.00 BDAY $ 1.00 $207.00 11 BARRICADE, TYPE III 39.00 DAY $ 1.75 $68.25 12 FLAGGING 10.00 DAY $ 210.00 $2,100.00 13 FURNISHING & OPERATING PILOT VEHICLE 3.00 STA $ 270.00 $810.00 14 EARTH SHOULDER CONSTRUCTION 29.34 ACRE $ 100.00 $2,934.00 15 HYDRO-SEEDING 0.31 $ 5,500.00 $1,705.00 Total Bid Section #2= $65,166.10 Bid Section #3- HARRISON STREET; STOLLEY PARK ROAD TO ANNA STREET 1 MOBILIZATION 1.00 LS $ 5,700.00 $5,700.00 2 COLD MILLING, CLASS 3 (DEPTH 2")8,325.00 SY $ 1.85 $15,401.25 3 ASPHALTIC CONCRETE, TYPE SPR (2")1,027.17 TON $ 59.26 $60,870.09 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 0.00 TON $ 80.00 $0.00 5 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 120.00 $0.00 6 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 0.00 TON $ 60.00 $0.00 7 TACK COAT 1,200.00 GAL $ 2.00 $2,400.00 8 RAISED LANE MARKERS 36.00 EA $ 0.75 $27.00 9 TEMPORARY SIGN DAY 150.00 DAY $ 5.60 $840.00 10 BARRICADE, TYPE II 226.00 BDAY $ 1.00 $226.00 11 BARRICADE, TYPE III 79.00 BDAY $ 1.75 $138.25 12 FLAGGING 9.00 DAY $ 210.00 $1,890.00 13 FURNISHING & OPERATING PILOT VEHICLE 2.00 DAY $ 270.00 $540.00 14 EARTH SHOULDER CONSTRUCTION 0.00 STA $ 100.00 $0.00 15 HYDRO-SEEDING 0.00 ACRE $ 5,500.00 $0.00 Total Bid Section #3= $88,032.59 Bid Section #4- BISMARK ROAD; STUHR ROAD TO SHADY BEND ROAD 1 MOBILIZATION 1.00 LS $ 5,700.00 $5,700.00 2 COLD MILLING, CLASS 3 (DEPTH 1")13,692.00 SY $ 1.00 $13,692.00 3 ASPHALTIC CONCRETE, TYPE SPR (3")2,476.13 TON $ 60.26 $149,211.59 4 ASPHALTIC CONCRETE FOR INTERSECTIONS AND DRIVEWAYS, TYPE SPR 0.00 TON $ 80.00 $0.00 5 ASPHALTIC CONCCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 120.00 $0.00 6 CRUSHED CONCRETE SURFACE COURSE FOR DRIVEWAYS 15.00 TON $ 60.00 $900.00 7 TACK COAT 3,286.00 GAL $ 2.00 $6,572.00 8 RAISED LANE MARKERS 141.00 EA $ 0.75 $105.75 9 TEMPORARY SIGN DAY 86.00 DAY $ 5.60 $481.60 10 BARRICADE, TYPE II 152.00 BDAY $ 1.00 $152.00 11 BARRICADE, TYPE III 66.00 BDAY $ 1.75 $115.50 Grand Island Council Session - 11/23/2021 Page 166 / 206 12 FLAGGING 4.00 DAY $ 210.00 $840.00 13 FURNISHING & OPERATING PILOT VEHICLE 0.00 DAY $ 275.00 $0.00 14 EARTH SHOULDER CONSTRUCTION 104.00 STA $ 100.00 $10,400.00 15 HYDRO-SEEDING 1.26 ACRE $ 5,500.00 $6,930.00 16 ADJUST MANHOLE TO GRADE 7.00 EA $ 2,100.00 $14,700.00 17 BNSF RAILROAD COORDINATION 1.00 LS $ 5,000.00 $5,000.00 18 BNSF RAILROAD FLAGGING 3.00 DAY $ 1,500.00 $4,500.00 Total Bid Section #4= $219,300.44 Bid Section #5- EAGLE SCOUT PARK; PARKING LOT AND DRIVEWAYS 1 MOBILZATION 1.00 LS $ 5,700.00 $5,700.00 2 COLD MILLING, CLASS 5 1,192.00 SY $ 5.00 $5,960.00 3 ASPHALTIC CONCRETE, TYPE SPR (2")910.69 TON $ 79.00 $71,944.51 4 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 13.93 TON $ 120.00 $1,671.60 5 TACK COAT 1,000.00 GAL $ 2.00 $2,000.00 6 TEMPORARY SIGN DAY 14.00 DAY $ 5.60 $78.40 7 BARRICADE, TYPE II 78.00 BDAY $ 1.00 $78.00 8 BARRICADE, TYPE III 16.00 BDAY $ 1.75 $28.00 9 REMOVE AND REPLACE 4" PCC SIDEWALK 0.00 SF $ 20.00 $0.00 10 REMOVE AND RESET CONCRETE PARKING CURB 3.00 EA $ 50.00 $150.00 11 EARTH SHOULDER CONSTRUCTION 26.10 STA $ 100.00 $2,610.00 12 HYDRO-SEEDING 0.35 ACRE $ 5,500.00 $1,925.00 Total Bid Section #5= $92,145.51 Bid Section #6- RYDER PARK (WEST LOT) PARKING LOT AND DRIVEWAYS 1 MOBILIZATION 1.00 LS $ - $0.00 2 COLD MILLING, CLASS 5 961.00 SY $ 6.00 $5,766.00 3 ASPHALTIC CONCRETE, TYPE SPR (2")808.08 TON $ 79.00 $63,838.32 4 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 0.00 TON $ 120.00 $0.00 5 TACK COAT 800.00 GAL $ 2.00 $1,600.00 6 TEMPORARY SIGN DAY 37.00 DAY $ 5.60 $207.20 7 BARRICADE, TYPE II 74.00 BDAY $ 1.00 $74.00 8 BARRICADE, TYPE III 13.00 BDAY $ 1.75 $22.75 9 REMOVE AND REPLACE 4" PCC SIDEWALK 0.00 SF $ 20.00 $0.00 10 REMOVE AND RESET CONCRETE PARKING CURB 26.50 EA $ 75.00 $1,987.50 11 EARTH SHOULDER CONSTRUCTION 8.70 STA $ 100.00 $870.00 12 HYDRO-SEEDING 0.12 ACRE $ 5,500.00 $660.00 Total Bid Section #6= $75,025.77 Grand Island Council Session - 11/23/2021 Page 167 / 206 CHANGE ORDER NO. 1 CO1-1 MOBILIZATION 1.00 LS $ 3,000.00 $3,000.00 CO1-2 SPR PATCHING 65.40 TON $ 120.00 $7,848.00 CO1-3 TACK OIL 50.00 GAL $ 2.00 $100.00 CO1-4 REMOVE 12" BAD BASE & REPLACE WITH 6" CRUSHED CONCRETE 1.00 LS $ 4,900.00 $4,900.00 Total Bid Section #6= $15,848.00 Grand Total= $662,744.61 Additional Project Costs- GSI Engineering – Quality Assurance $ 1,040.00 Grand Island Independent- Advertising $ 233.88 City of Grand Island Public Works Engineering Services $ 50,185.51 Additional Project Costs Total =$ 51,459.39 Asphalt Resurfacing Project No. 2021-AC-1 Project Total = $714,204.00 I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No. 2021-AC-1 be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Roger G. Steele – Mayor Grand Island Council Session - 11/23/2021 Page 168 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-336 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Project No. 2021-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 $662,744.61; and WHEREAS, additional project costs equate to $51,459.39, as detailed below, resulting in a total project cost of $714,204.00; and GSI Engineering – Quality Assurance $ 1,040.00 Grand Island Independent- Advertising $ 233.88 City of Grand Island Public Works Engineering Services $ 50,185.51 Additional Project Costs Total =$ 51,459.39 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. 2021-AC-1, Asphalt Resurfacing, in the amount of $714,204.00, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 169 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-13 #2021-337 - Approving Designating the City's Tabitha Grand Island Project Series 2021 Revenue Bond as it's Qualified Tax- Exempt Obligations not to Exceed $10,000,000 Staff Contact: Jerry Janulewicz Grand Island Council Session - 11/23/2021 Page 170 / 206 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:November 23, 2021 Subject:Designate Revenue Bonds (Tabitha Grand Island Project), Series 2021, in an Aggregate Principal Amount Not To Exceed $10,000,000 As Qualified Tax-Exempt Obligations Under Section 265 of The Internal Revenue Code. Presenter(s):Jerry Janulewicz, City Administrator Background Tabitha Grand Island, Inc., a nonprofit corporation duly organized and validly existing under the laws of the State of Nebraska (the “Borrower”), requested the City of Grand Island (the “City”) to, and the City issued, its Revenue Bonds (Tabitha Grand Island Project), in an aggregate principal amount not to exceed $13,950,000, (the “Bonds”) pursuant to Sections 13-1101 to 13-1110, inclusive, Reissue Revised Statutes of Nebraska, as amended on May 11, 2021, the Grand Island City Council adopted Resolution 2021-112 authorizing issuance of the Bonds, the proceeds of which, when advanced, will be loaned to the Borrower pursuant to a Loan Agreement among the City, Pinnacle Bank, as lender, and the Borrower, for the purpose of financing or reimbursing a portion of the costs of constructing and equipping a new senior living campus (expected to consist of 157 units providing a 200,000 square foot, full-continuum of senior housing and services) and associated site improvements in the City of Grand Island, Nebraska. On May 11, 2021, bond counsel informed the City Council that Borrower would later seek the City’s consent to designate the Bonds as Qualified Tax Exempt Obligations under the Internal Revenue Code to the extent that the City had not issued Qualified Tax Exempt Obligations in 2021. Qualified Tax Exempt Obligations, also known as bank- qualified debt, carries lower interest costs, as this designation allows banks and other financial institutions to avoid certain adverse tax consequences that would otherwise be imposed on holders for carrying tax-exempt debt. Discussion The City has not designated nor does it anticipate designating any bonds issued or debt incurred in 2021 as Qualified Tax Exempt Obligations. The City may designate Grand Island Council Session - 11/23/2021 Page 171 / 206 $10,000,000 of the $13,950,000 Bond Issue as Qualified Tax Exempt Obligations without impeding or impairing any bond or other debt financing arrangement of the City. If not designated for this purpose, the City’s 2021 tax exempt/bank qualified debt authority will be unused and will expire at the end of the calendar year. Conclusion City Administration recommends the City designate $10,000,000 of the Tabitha Grand Island Project Bonds as the City’s 2021 “qualified tax-exempt obligations” under Section 265(b)(3)(B)(i)(III) of the Internal Revenue Code of 1986, as amended. 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 Sample Motion Move to approve the resolution. Grand Island Council Session - 11/23/2021 Page 172 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-337 CITY OF GRAND ISLAND, IN THE STATE OF NEBRASKA A RESOLUTION DELEGATING AND DESIGNATING THE ISSUER’S REVENUE BONDS (TABITHA GRAND ISLAND PROJECT), SERIES 2021, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 AS ITS QUALIFIED TAX-EXEMPT OBLIGATIONS UNDER SECTION 265 OF THE INTERNAL REVENUE CODE AND RELATED MATTERS. WHEREAS, the City of Grand Island, Nebraska (the “Issuer”) is a city and political subdivision of the State of Nebraska (the “State”); WHEREAS, Tabitha Grand Island, Inc., a nonprofit corporation duly organized and validly existing under the laws of the State (the “Borrower”), requested the Issuer to, and the Issuer issued, its Revenue Bonds (Tabitha Grand Island Project), in an aggregate principal amount not to exceed $13,950,000, (the “Bonds”) pursuant to Sections 13-1101 to 13-1110, inclusive, Reissue Revised Statutes of Nebraska, as amended, and a Resolution of the Issuer adopted May 11, 2021 (the “Authorizing Resolution”), the proceeds of which, when advanced, will be loaned to the Borrower pursuant to a Loan Agreement (the “Loan Agreement”) among the Issuer, Pinnacle Bank, as lender, (the “Lender”) and the Borrower, for the purpose of financing or reimbursing a portion of the costs of constructing and equipping a new senior living campus (expected to consist of 157 units providing a 200,000 square foot, full-continuum of senior housing and services) and associated site improvements in the City of Grand Island, Nebraska; WHEREAS, the Bonds were issued as taxable bonds and may be converted to tax- exempt, bank-qualified bonds pursuant to the provisions of the Loan Agreement; although no Bonds have been drawn upon to-date; and WHEREAS, certain conversion documents will be prepared or updated in connection with the conversion of a portion of the Bonds from Taxable Bonds to Tax-Exempt Bonds (as such terms are defined in the Loan Agreement). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA AS FOLLOWS: Section 1. Bank Qualification. The Issuer hereby designates $10,000,000 of the Bonds as its “qualified tax-exempt obligations” under Section 265(b)(3)(B)(i)(III) of the Internal Revenue Code of 1986, as amended (the “Code”). The Issuer further covenants and warrants that it does not reasonably anticipate issuance of tax-exempt obligations by it during calendar year 2021 in an amount in excess of $10,000,000, including the Tax-Exempt Bonds and all other bonds issued by the Issuer, but excluding current refunding issues as provided in Section 265(b)(3) of the Code. Section 2. Approval of Conversion Documents. The preparation of the proposed conversion documents is, in all respects, hereby approved, authorized, ratified, and confirmed, Grand Island Council Session - 11/23/2021 Page 173 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney and the Mayor, City Administrator, City Clerk, or Finance Director of the Issuer (each, an “Authorized Officer”) are each separately and individually hereby authorized and directed to finalize, execute, acknowledge, and deliver the such documents, including counterparts thereof, in the name and on behalf of the Issuer. From and after the execution and delivery of the conversion documents by the Issuer, the officers, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents, certificates, and instruments as may be necessary to carry out and comply with the provisions of the conversion documents, including but not limited to any documentation related to the conversion of the tax status of interest on Bonds from taxable to tax-exempt. Section 3. Prior Resolutions. To the extent that the provisions of this Resolution conflict with provisions of prior resolutions, or parts thereof, the provisions of this Resolution shall control, to the extent of such conflicts. Section 4. Captions. The captions or headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 5. Validity of Bonds. Each Bond shall contain a recital that such Bond is issued pursuant to and under the Act, and such recital shall be conclusive evidence of its validity and of the regularity of its issuance. Section 6. Electronic Transactions. The transactions described herein may be conducted and this Resolution and related documents may be sent, received and stored by electronic means. All closing documents, certificates, and related instruments may be executed by electronic transmission. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents (or documents executed by electronic transmission) shall be deemed to be authentic and valid counterparts of such documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 7. Effective Date. This Resolution shall be in full force and effect immediately upon its passage and approval by the Mayor and City Council of the Issuer. DATED: November 23, 2021 CITY OF GRAND ISLAND, NEBRASKA ATTEST: By: Roger G. Steele, Mayor By: RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 174 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item G-14 #2021-338 - Approving Preliminary and Final Plat for Legacy 34 Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 11/23/2021 Page 175 / 206 Council Agenda Memo From:Regional Planning Commission Meeting:November 23, 2021 Subject:Legacy 34 Subdivision – Preliminary and Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Husker Highway and west of Prairieview Street in the City of Grand Island, Nebraska. Preliminary Plat for Legacy 34 Subdivision (304 Lots, 12 Outlots and 197.14 Acres) Final Plat for Legacy 34 First Subdivision (12 lots, 1 Outlot, 5.4 Acres). Legacy 34 First Subdivision will be zoned RD – Residential Development Zone if approved. A variety of other zoning district are expected on the balance of the property. Discussion The preliminary plat for the whole property and final plat for Legacy 34 First Subdivision were considered at the Regional Planning Commission at the November 3, 2021 meeting during the discussion of the rezoning. A motion was made by Ruge and second by Rubio to approve the preliminary and final plat for Legacy 34. The motion was carried with nine members voting yes (Nelson, O’Neill, Ruge, Olson, Robb, Monter, Rainforth, Rubio and Randone) and no members voting no. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/23/2021 Page 176 / 206 Recommendation City Administration recommends that Council approve the preliminary and final plats as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 11/23/2021 Page 177 / 206 Developer/Owner Innate Development 2 LLC 1201 Allen Dr. #240 Grand Island, NE 68803 To create Size: Final Plat 12 lots 1 outlot, 54.Acres Zoning: RD – Residential Development Zone. Road Access: Legacy Drive will be a 37’ concrete curb and gutter public street. Innate Circle will be a private drive providing access to the apartments. Water: City Water is available to the subdivision and will be extended to all lots. Sewer: City Sewer is available to the subdivision and will be extended to all lots. Grand Island Council Session - 11/23/2021 Page 178 / 206 304229285OUTLOT I26430278OUTLOT A48235276134OUTLOT H8910214615481622111213141519171821202425262729OUTLOT F122123OUTLOT C109OUTLOT E54927827326927427027727127227527928928828028128328228728628429029129229329429729829529629930130030326725725225626526625826226326126025925525425125325022522622722823323023123268706966677274737576777911311211111010510610710810410310010199989796959493919085888786828492838081140142147148150151153130133132131129137139138135136127125126124128121114115116117118119183182181180184179197198199200194201202195196193214215213212211210209208206178171169170174172173176175177168166162167158164163165161OUTLOT G1601591557109OUTLOT B20712071234212681561572823504746453643303135444134334232383740395251OUTLOT D55545363596064656162565758203192186187188189190191218223221220219216217224149152141143144145418532056236243237244238245246239247241248249240SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021HUSKER HWYLOT LAYOUT1 PRAIRIEVIEW ST MEMORIAL PARK RD A TRACT OF LAND LOCATED IN PART OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF SECTION 25-T11N-R10W; THENCE ON AN ASSUMED BEARING OF N00°15'06”W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4), A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, ALSO BEING THE POINT OF BEGINNING; THENCE S89°08'25”W, ALONG THE NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 1329.29 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY AND THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTERH; THENCE N00°02'24”E, ALONG SAID WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER, A DISTANCE OF 1048.43 FEET TO THE NORTHEAST CORNER OF LOT 1 MARYLANE 2ND SUBDIVISION; THENCE N00°03'56”E, ALONG THE EAST LINE OF MARYLANE SUBDIVISION, A DISTANCE OF 229.74 FEET TO THE SOUTHEAST CORNER OF KENTISH HILLS SUBDIVISION; THENCE N00°03'54”E, ALONG THE EAST LINE OF KENTISH HILLS SUBDIVIONS, A DISTANCE OF 659.57 FEET TO THE NORTHEAST CORNER OF KENTISH HILLS SUBDIVISION; THENCE N00°29'07”E A DISTANCE OF 659.16 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER; THENCE N00°17'39”W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1330.00 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE N89°33'29”E, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1311.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S00°14'33”E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1323.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE N89°12'37”E, ALONG THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.54 FEET TO THE NORTHWEST CORNER OF LOT 2, PEDCOR 2ND SUBDIVISION; THENCE S00°28'30”E, ALONG THE WEST LINE OF SAID PEDCOR 2ND SUBDIVISION AND THE WEST ROW LINE OF PRAIRIEVIEW STREET, A DISTANCE OF 2592.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55”W, ALONG THE NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 1324.61 FEET; THENCE S00°15'06”E, ALONG THE NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 8,587,328.92 SQUARE FEET OR 197.14 ACRES MORE OR LESS OF WHICH 32.13 ACRES AREA DEDICATED PUBLIC ROAD RIGHT-OF-WAY. LOT 2 PEDCOR 2ND SUBDIVISION MARYLANE 2ND SUB.KENTISH HILLS SUB.UNPLATTEDBLAIR SUB.UNPLATTEDUNPLATTED Grand Island Council Session - 11/23/2021 Page 179 / 206 SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021EXISTING ZONING9.13.2021 2 M-1 R-2 MEMORIAL PARK RD Grand Island Council Session - 11/23/2021 Page 180 / 206 SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021PROPOSED ZONING9.16.2021 3 M-1 R-2 B-2 RD/CD HUSKER HWYPRAIRIEVIEW ST R-3SL R-3SLR-3SL MEMORIAL PARK RD R-2 R-3 CUL-DE-SAC Grand Island Council Session - 11/23/2021 Page 181 / 206 SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021HUSKER HWYUTILITY LAYOUT4 PRAIRIEVIEW ST AREA 1 AREA 2 AREA 3 MEMORIAL PARK RD SANITARY SEWER SERVICE AREA Grand Island Council Session - 11/23/2021 Page 182 / 206 SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021HUSKER HWY UTILITY LAYOUT5PRAIRIEVIEW ST.Grand Island Council Session - 11/23/2021 Page 183 / 206 SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021MEMORIAL PARK RDUTILITY LAYOUT6 Grand Island Council Session - 11/23/2021 Page 184 / 206 SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34PRELIMINARY PLATGRAND ISLAND, NEBRASKA20217 SMG AT AT MMR 021-02674 10.28.2021 ofPRELIMINARYNOT TO BE USED FOR CONSTRUCTIONDATE PRINTEDOLSSON October 28, 2021HUSKER HWYGRADING / DRAINGAGE LAYOUT7 PRAIRIEVIEW ST DETENTION WATER ELEVATION= 1865.50 DETENTION WATER ELEVATION= 1865.50 DETENTION WATER ELEVATION= 1865.50 DRAINAGE AREA 1 180.54 ACRES DRAINAGE AREA 211.61 ACRESMEMORIAL PARK RD DRAINAGE OUTLET @ 0.13% TOHIGHWAY 281 CULVERT OUTFALLHUSKER HWY HWY 281Grand Island Council Session - 11/23/2021 Page 185 / 206 LOT 6 LOT 7 LOT 8 LOT 9 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 75.00'(M)136.91'(M)R=520.00'Δ=055°25'27"L=503.02'CB=S 28 °19'48"ECH= 4 83.63' OUTLOT A S89°22'55"W 211.91'(M) S00°15'06"E 5.00'(M)S89°08'25"W 220.96'(M)N02°27'17"W 448.05'(M)N25°00'49"E 118.98'(M)N64°1 4' 3 1 " E 61.00' ( M )N33°57'28"E 38.80'(M)S56°02'32"E 22.66'(M)N33°57'28"E 75.00'(M)R=59 5.00'Δ=055 °25'27" L =575.57'CB=S 28°19 '48"ECH=5 53.39'S00°37'05"E 166.00'(M)5.00'(M) LOT 10 LOT 11 POB FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 LOT 1 LOT 11 LOT 11 LOT 10 Grand Island Council Session - 11/23/2021 Page 186 / 206 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF SECTION 25-T11N-R10W; THENCE ON AN ASSUMED BEARING OF N00°15'06”W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4), A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, ALSO BEING THE POINT OF BEGINNING; THENCE S89°08'25”W, ALONG THE EXISTING NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 220.96 FEET; THENCE N02°27'17”W A DISTANCE OF 448.05 FEET; THENCE N25°00'49”E A DISTANCE OF 118.98 FEET; THENCE N64°14'31”E A DISTANCE OF 61.00 FEET; THENCE N33°57'28”E A DISTANCE OF 38.80 FEET; THENCE S56°02'32”E A DISTANCE OF 22.66 FEET; THENCE N33°57'28”E A DISTANCE OF 75.00 FEET TO A POINT OF CURVATURE; THENCE AROUND THE CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 055°25'27”, HAVING A RADIUS OF 595.00 FEET, AND A CHORD BEARING S28°19'48”E A CHORD DISTANCE OF 553.39 FEET; THENCE S00°37'05”E A DISTANCE OF 166.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55”W, ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 211.91 FEET; THENCE S00°15'06”E ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 236,678.95 SQUARE FEET OR 5.43 ACRES MORE OR LESS OF WHICH 1.24 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY THAT ON ______________________, 2021, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LAND CONSISTING OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS. _______________________________________________________ JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630 KNOW ALL MEN BY THESE PRESENTS, THAT INNATE DEVELOPMENT 2, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNER OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "" IN PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2021. _______________________________ SCOTT P. RIEF MANAGING MEMBER INNATE DEVELOPMENT 2, LLC ON THIS ____ DAY OF ___________, 2021, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED SCOTT P. RIEF, MANAGING MEMBER, INNATE DEVELOPMENT 2, LLC TO BE PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _______________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS ____ DAY OF ______ , 2021. _______________________________ MAYOR _______________________________ CITY CLERK Grand Island Council Session - 11/23/2021 Page 187 / 206 SUBDIVISION AGREEMENT LEGACY 34 FIRST SUBDIVISION LOTS 1-11 Inclusive and Outlot A In the City of Grand Island, Hall County Nebraska The undersigned, Innate Development 2 LLC, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2, SW1/4) AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2, SE1/4) OF SECTION TWENTY- FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF SECTION 25-T11N-R10W; THENCE ON AN ASSUMED BEARING OF N00°15'06”W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER (1/4), A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, ALSO BEING THE POINT OF BEGINNING; THENCE S89°08'25”W, ALONG THE * This Space Reserved for Register of Deeds * Grand Island Council Session - 11/23/2021 Page 188 / 206 - 2 - EXISTING NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 220.96 FEET; THENCE N02°27'17”W A DISTANCE OF 448.05 FEET; THENCE N25°00'49”E A DISTANCE OF 118.98 FEET; THENCE N64°14'31”E A DISTANCE OF 61.00 FEET; THENCE N33°57'28”E A DISTANCE OF 38.80 FEET; THENCE S56°02'32”E A DISTANCE OF 22.66 FEET; THENCE N33°57'28”E A DISTANCE OF 75.00 FEET TO A POINT OF CURVATURE; THENCE AROUND THE CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 055°25'27”, HAVING A RADIUS OF 595.00 FEET, AND A CHORD BEARING S28°19'48”E A CHORD DISTANCE OF 553.39 FEET; THENCE S00°37'05”E A DISTANCE OF 166.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55”W, ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 211.91 FEET; THENCE S00°15'06”E ALONG THE NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 236,678.95 SQUARE FEET OR 5.43 ACRES MORE OR LESS OF WHICH 1.24 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as LEGACY 34 FIRST SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said LEGACY 34 FIRST SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: Grand Island Council Session - 11/23/2021 Page 189 / 206 - 3 - 1.Residential Development Zone. This subdivision is within a designated Residential Development Zone and shall be regulated in accordance with Chapter 36 of the Grand Island City Code. A Development Plan as attached hereto and incorporated herein by reference is hereby approved for such Subdivision. Any amendments to such Development Plan shall be approved by the City of Grand Island in accordance with the Grand Island City Code. The official Development Plan shall be on file with the City's Planning Department. 2.Paving. The Subdivider agrees to pave Legacy Drive in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. The Subdivider agrees to pay for improvements to Husker Highway at such time as improvements are deemed necessary by the City’s Director of Public Works. If the Subdivider fails to pave Legacy Drive, the City may create a paving district to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving district for Husker Highway where it abuts the subdivision. The Subdivider agrees that Innate Circle is a private street that provides access to the apartment buildings built around the circle. The developer or owners association is responsible for all maintenance and snow removal on Innate Circle. 3.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 4.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the Grand Island Council Session - 11/23/2021 Page 190 / 206 - 4 - subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. A sanitary sewer tap fee of $23,594.06 has been assessed to this property for construction of the Southwest Interceptor in Husker Highway. This fee is due and payable with this agreement and the Subdivider shall be permitted to connect to the interceptor main in Husker Highway in accordance with plans approved by the Director of Public Works. 5.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 6.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Street Name Curb sidewalk Conventional Sidewalk Hike/Bike Trail Legacy Drive Immediate sidewalk construction adjacent to Husker Highway shall be waived based on the planned improvements across and throughout the development for Hike/Bike Trail. However, the sidewalks shall be constructed when the property owner is directed to do so by the Grand Island Council Session - 11/23/2021 Page 191 / 206 - 5 - City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. 7.Electric. The Subdivider agrees to install all conduit, both primary and secondary, as well as all necessary transformer pads in the subdivision in accordance with plans and specifications approved by the Utilities Department, and subject to the City’s inspection. 8.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. 9.Design and Construction. No building shall be constructed except within the Building Envelope Areas as defined on the Development Plan. The buildings to be constructed shall be consistent with the designs approved with the development plan including 90 units of apartments in three story buildings with 10 units per building as shown in the attached development plan and attached elevations and floor plans and two carriage houses with one dwelling unit in each carriage house. No portion of any building constructed (including architectural features) shall exceed a height of 50 feet above the center of the street at the midpoint of the front property line. 10.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. Grand Island Council Session - 11/23/2021 Page 192 / 206 - 6 - 11.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 12.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as LEGACY 34 FIRST SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 13.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2021. Grand Island Council Session - 11/23/2021 Page 193 / 206 - 7 - INNATE DEVELOPMENT 2., A NEBRASKA LIMITED LIABILITY COMPANY, Subdivider By: ____________________________________ Scott P. Rief, Managing Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Scott P. Rief, Managing Member of Innate Development 2, L.L.C., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of SSB Development, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Grand Island Council Session - 11/23/2021 Page 194 / 206 - 8 - Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2021-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 11/23/2021 Page 195 / 206 DEVELOPMENT PLANSMG AT 021-02674 9.16.2021 1 of SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 FIRST SUBDIVISIONGRAND ISLAND, NEBRASKA20211 Grand Island Council Session - 11/23/2021 Page 196 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 197 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 198 / 206 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 11/23/2021Page 199 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-338 WHEREAS know all men by these presents, that Innate Development 2, L.L.C., a Nebraska Limited Liability Company, being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “LEGACY 34 FIRST SUBDIVISION”, a tract of land located in part of the East Half of the Southwest Quarter (E1/2, SW1/4) and part of the West Half of the Southeast Quarter (W1/2, SE1/4) of section twenty-five (25), Township Eleven (11) North, Range Ten (10) West of the 6TH P.M., in the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LEGACY 34 FIRST SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 200 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item H-1 Consideration of Approving Request from Hall County Livestock Improvement Assn. for a Conditional Use Permit to Allow for Temporary Use to Facilitate Rework of CNHI Combines located at 700 East Stolley Park Road This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Craig Lewis Grand Island Council Session - 11/23/2021 Page 201 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item I-1 #2021-326 - Consideration of Approving Labor Agreement between the City of Grand Island and the Union Local No. 1597, I.B.E.W., A.F.L.-C.I.O. (Utilities Department) Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 11/23/2021 Page 202 / 206 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:November 23, 2021 Subject:Consideration of Approving Labor Agreement between the City Of Grand Island and the Union Local No. 1597, I.B.E.W., A.F.L.-C.I.O (Utilities Department) Presenter(s):Aaron Schmid, Human Resources Director Background Thirty-nine job classifications in the Utilities Department currently work under the conditions outlined in the labor agreement between the City of Grand Island (City) and the International Brotherhood of Electrical Workers (IBEW), Local No. 1597. The current labor agreement expired as of midnight September 30, 2021. The City and the IBEW met to negotiate and have reached an agreement. Discussion The proposed labor agreement will run through September 30, 2024. A salary array was mutually conducted as part of the negotiations process. The changes that are proposed were primarily based on comparability studies from the salary array. A summary of changes are listed below and follow the order of the contract: 1.The agreement will be effective October 1, 2021 to September 30, 2024. 2.The Senior Meter Reader classification will be removed from the contract. 3.Language stating, “The hours of work shall be arranged in eight (8) hour periods” will be removed from the contract. The department utilizes a variety of shifts and hours. 4.Schedules with alternating 8 and 12 hour work shifts will include the classifications of Power Plant Operator and Senior Power Plant Operator. 5.Use of annual personal leave will be included in the calculation of overtime. 6.Add clarifying language to when meal allowances are granted. 7.Increase shift differential from $0.25 to $0.50 per hour for Dispatchers and Operators. 8.Revise how overtime is calculated for alternating shifts. Clarify how relief shifts are scheduled. 9.Include compensatory time language in the contract. This language will match the language found in the Wastewater Treatment Plant and Service/Clerical/Finance contracts. Grand Island Council Session - 11/23/2021 Page 203 / 206 10.Add language on how pay is administered during daylight savings time changes. 11.Add language regarding Mutual Aid and Storm Restoration. This section addresses response outside of the City of Grand Island Utilities Department service area. 12.Language was amended to clarify that premium pay will not be included in the calculation of overtime. 13.Add language to provide 12 hours of holiday pay if an employee is on a 12 hour shift. 14.Add language to provide 12 hours of annual personal leave if an employee is on a 12 hour shift. 15.Vacation usage will be allowed in tenths of an hour to accommodate payroll software. 16.Remove language requiring a five day minimum for vacation scheduling. 17.Remove secondary vacation scheduling from vacation planning. 18.Incorporate MOU on medical leave use for EEs immediate family member. Medical leave may be taken in 1/10th hour increments to accommodate ExecuTime. 19.Clarify bereavement leave to match SCF language. 20.Include language to allow Union to discuss union matters with the City Management. 21.3% wage increase year 1 with individual adjustments based on survey results. 3% increases for years 2 and 3. 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 labor agreement between the City of Grand Island and the IBEW, Local No. 1597 (Utilities Department). Sample Motion Move to approve the labor agreement between the City of Grand Island and the IBEW, Local No. 1597 (Utilities Department). Grand Island Council Session - 11/23/2021 Page 204 / 206 Approved as to Form ¤ ___________ November 19, 2021 ¤ City Attorney R E S O L U T I O N 2021-326 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City Of Grand Island (City) has the authority to make all contracts and do all other acts in relation to the property and concerns of the City necessary to the exercise of its corporate powers; and WHEREAS, an employee bargaining unit at the City of Grand Island is represented by the Union Local No. 1597, I.B.E.W., AFL-CIO Utilities Department and WHEREAS, representatives of the City and the IBEW met to negotiate a labor agreement, and WHEREAS, the City reached an agreement with the IBEW and the agreement has been presented to City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO Utilities Department for the period of October 1, 2021 through September 30, 2024. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/23/2021 Page 205 / 206 City of Grand Island Tuesday, November 23, 2021 Council Session Item J-1 Approving Payment of Claims for the Period of November 10, 2021 through November 23, 2021 The Claims for the period of November 10, 2021 through November 23, 2021 for a total amount of $6,201,741.67. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 11/23/2021 Page 206 / 206