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04-26-2022 City Council Regular Meeting Packet City of Grand Island Tuesday, April 26, 2022 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 - 4/26/2022 Page 1 / 188 City of Grand Island Tuesday, April 26, 2022 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 Ray Stone, First Faith United Methodist Church, 4190 West Capital Avenue 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 - 4/26/2022 Page 2 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item C-1 Presentation of Tree Board Report Tree Board President Barry Burrows will provide a brief report to City Council regarding the activities of the Tree Board. Activities include Arbor Day events, Hall County Champion Tree Program, Emerald Ash Bore Management Plan, and ongoing efforts to advocate and educate the community about trees. Staff Contact: Todd McCoy Grand Island Council Session - 4/26/2022 Page 3 / 188 z Grand Island Tree Board 2022 Update Grand Island Council Session - 4/26/2022 Page 4 / 188 City of Grand Island 36 Years Tree City USA Grand Island Council Session - 4/26/2022 Page 5 / 188 Tree Board Members Barry Burrows –President Bryan Fiala –Vice President Steve Meyer –Secretary/Treasurer Darwin Wicht –Member Leon VanWinkle –Member Bob Thomas –Member Erich Frueling –Member Elizabeth Exstrom –Ex Officio Member Todd McCoy –Ex Officio Member Grand Island Council Session - 4/26/2022 Page 6 / 188 What has the Tree Board been doing the last two years? Covid Nebraska State Fair Sustainability Booth Arbor Day Celebration (Annually) Hall County Champion Tree Program Emerald Ash Bore Management Plan Advocating for Trees in our Urban Forest Grand Island Council Session - 4/26/2022 Page 7 / 188 Nebraska State Fair Sustainability Booth Participated by setting up a booth. Board members were there to advocate the importance of trees. Answered questions about trees. Exposure to the Tree Board. Grand Island Council Session - 4/26/2022 Page 8 / 188 Arbor Day Celebrations Arbor Day Celebrations (Annually) 2021 Daughters of American Revolution and an Outside Donor. Donated two trees planted at Pioneer Park & Lions Club Park. Demonstration on how to properly plant, mulch, and stake a newly planted tree. Hall County Tree Champions are recognized with a certificate. Q & A Grand Island Council Session - 4/26/2022 Page 9 / 188 Hall County Tree Champion Program Tree Board Promoting Program. 17 Champion Trees Registered as of Today. 1 Honored This Arbor Day 2022. Anyone can Nominate a Hall County Tree. Broachers/Application Grand Island Council Session - 4/26/2022 Page 10 / 188 Emerald Ash Borer Management Plan Tree Board Designed and Implemented this plan. (EAB was discovered last year in Grand Island.) Plan helps the City to mitigate the disruption of our urban forest caused by EAB. Helps the City to address public and private needs in a more efficient and effective manner. Some Tree Grant Programs require Cities to have a EAB Management Plan in Place to be Awarded Tree Grants. Grand Island Council Session - 4/26/2022 Page 11 / 188 Advocating for Trees in our Urban Forest. Ongoing commitment by our Tree Board We help groups with tree planting projects. Stay up to date on our industry and offer the latest tree care advice. Stay up to date on the potential insect and disease infestations. Grand Island Council Session - 4/26/2022 Page 12 / 188 Goals Keep Helping out with Tree Projects & Advocating. Tree Inventory (Help with the Nebraska Forest Service; using Tree Plotter). Arbor Day Celebration. Hall County Champion Tree Program. Sustainability Booth at the State Fair. Tree Project. Grand Island Council Session - 4/26/2022 Page 13 / 188 2022 ARBOR DAY CELEBRATION NEBRASKA CELEBRATES 150 YEARS Tree Planting Ceremony and Hall County Tree Champion Award Presentation. When: April 29th @ 1 pm Where: South of Engelmann Elementary School Who: Engelmann Kindergarteners, Pubic, and Tree Board Members. ***Rain Date May 6, 2022 same time and Place. Grand Island Council Session - 4/26/2022 Page 14 / 188 Grand Island Tree Board Motto Grand Island Council Session - 4/26/2022 Page 15 / 188 Thank You! Grand Island Council Session - 4/26/2022 Page 16 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item C-2 Presentation Regarding the Hall County Veteran’s Warriors Memorial Presenters from the Hall County Warriors Memorial Committee will present information regarding the Hall County Veteran's Memorial Fund-Raising project. Staff Contact: RaNae Edwards Grand Island Council Session - 4/26/2022 Page 17 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - 3732 W. Husker Highway (Innate Development 2, LLC) Council action will take place under Consent Agenda item G-9. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 18 / 188 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:April 26, 2022 Subject:Acquisition of Utility Easement – 3732 W. Husker Highway – Innate Development 2, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Innate Development 2, LLC, through a part of Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4), of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th PM and through a part of Outlot A, Legacy 34 First Subdivision, in the City of Grand Island, Hall County, Nebraska (3732 W. Husker Highway), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Innate Development 2, LLC has requested the conversion of Overhead power to Underground power along Husker Highway for the development of Legacy 34 Subdivision. To accommodate the conversion, approximately 1,440 linear feet of 6” conduit with 500 mcm Cable, 1,375 linear feet of 4” conduit with 1/0 cable, an underground distribution switch, and two high voltage terminals will be installed in the proposed easement. The proposed easement will allow the Department to install, access, operate, and maintain the water main and water service infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/26/2022 Page 19 / 188 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 4/26/2022 Page 20 / 188 N00°02'37"E 10.00'(M)N89°08'25"E 1107.00'(M)S02°27'17"E 10.00'(M)S89°08'25"W 1107.43'(M)N00°02'37"E60.09'(M)NO SCALELOCATION MAPSEC. 25, T11N, R10W021-02674PROJECT NO:DRAWN BY:3/3/2022DATE:LJWEXHIBITUTILITY EASEMENT1TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801Grand IslandCouncil Session - 4/26/2022Page 21 / 188 Grand Island Council Session - 4/26/2022 Page 22 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 5620 Quandt Rd Well #103 (Jared Leiser) Council action will take place under Consent Agenda item G-10. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 23 / 188 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:April 26, 2022 Subject:Acquisition of Utility Easement – 5620 N, Quandt Rd (Well #103) – Jared W. Leiser Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Statutes state that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. The Utilities Department needs to acquire an easement tract through a part of the South Half of the Northeast Quarter (S1/2, NE1/4), of Section Twenty-Three (23) Township Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska (5620 N, Quandt Rd - Well #103), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Jared Leiser has requested to have the 13.8kv 3 phase overhead power line relocated to accommodate a pivot location. The existing line from the North (One-R Road) will be removed and approximately 2,643 l.f. of 13.8kv 3 phase overhead line will be installed from the East (Quandt Road) to accommodate the relocation of the well service. The proposed easement will allow the Department to install, access, operate, and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/26/2022 Page 24 / 188 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 4/26/2022 Page 25 / 188 Grand IslandCouncil Session - 4/26/2022Page 26 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item E-3 Public Hearing on Electric Utility Integrated Resource Plan Council action will take place under Consent Agenda item G-12. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 27 / 188 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:April 26, 2022 Subject:Approving Electric Utility Integrated Resource Plan Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Utility Department has been a long-term customer of the Western Area Power Agency, which manages hydro-electric production facilities on the upper Missouri river. One of the conditions of being a WAPA customer is that the utility must develop an Integrated Resource Plan (IRP) of its system every five years, including public notice and participation. Discussion At the April 12, 2022, meeting, an IRP for the Department was presented to Council and a public hearing is included in the agenda for April 26, 2022. The attached IRP, along with any relevant comments by the public, is recommended for acceptance by the Council and submitted to WAPA. 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 presented in this motion. Recommendation City Administration recommends that the Council approve the Electric Utility Integrated Resource Plan. Sample Motion Move to approve the Electric Utility Integrated Resource Plan. Grand Island Council Session - 4/26/2022 Page 28 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item F-1 #9879 - Consideration of Vacation of Public Utility Easement in Lot 2 of Pedcor Subdivision- (City of Grand Island) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/26/2022 Page 29 / 188 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director- Engineering Meeting:April 26, 2022 Subject:Consideration of Vacation of Public Utility Easement in Lot 2 of Pedcor Subdivision- (City of Grand Island) Presenter(s):John Collins PE, Public Works Director Background A utility easement within Pedcor Subdivision was filed with Hall County Register of Deeds on February 28, 2003 as Document No. 200302371. Discussion Due to the construction of a new sanitary sewer buffer tank that will extend the useful life of existing Lift Station No. 28 by effectively improving its peak capacity, an easement vacation is necessary. Lift Station No. 28 is located northeast of the intersection of Husker Highway/James Road. The easement vacation area is depicted on the attached sketch. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass an ordinance vacating the utility easement in Lot2 of Pedcor Subdivision- (City of Grand Island). Sample Motion Move to pass an ordinance vacating the easement. Grand Island Council Session - 4/26/2022 Page 30 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9879 An ordinance to vacate existing drainage easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Vacating a portion of an existing easement in Lot 2, Pedcor as recorded in Instrument No. 200302371, filed February 28, 2003 at the Hall County Register of Deeds, as described as follows: COMMENCING AT A SOUTHWEST CORNER OF LOT 2, PEDCOR SUBDIVISION AND ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF JAMES ROAD; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, ALONG SAID EAST RIGHT-OF- WAY LINE OF JAMES ROAD, HAVING A DELTA OF 4o14’17”, A RADIUS OF 270.64’ A CHORD BEARING OF N01o31’57”E, AND A CHORD DISTANCE OF 20.01 FEET; THENCE N89o21’17”E A DISATNCE OF 149.29 FEET TO A POINT 20 FEET WEST OF THE EAST LINE OF SAID LOT 2, PEDCOR SUBDIVISION; THENCE S00o38’55”E, PARALLEL AND 20 FEET WEST OF SAID EAST LINE OF LOT 2, A DISTANCE OF 20.00 FEET TO A POINT ON THE NORTH LINE OF EXISTING EASEMENT DOCUMENT NO. 93-105819, FILED JULY 1993; THENCE S89o21’17”W A DISTANCE OF 150.05 FEET TO THE POINT OF BEGINNING. SAID VACATED EASEMENT CONTAINS A CALCULATED AREA OF 2995.89 SQUARE FEET MORE OR LESS. Grand Island Council Session - 4/26/2022 Page 31 / 188 ORDINANCE NO. 9879 (Cont.) - 2 - SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 26, 2022 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 32 / 188 S00°38'55"E 20.00'(M)S89°21'17"W 150.05'(M)R=270.07'Δ=004°14'50"L=20.02'CB=N01°32'05"ECH=20.01'N89°21'17"E 149.29'(M)2021-05281PROJECT NO:DRAWN BY:2022-04-04DATE:CWMEXHIBIT EASEMENT VACATE1TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801VACATING A PORTION OF AN EXISTING EASEMENT IN LOT2, PEDCOR SUBDIVISION AS RECORDED IN INSTRUMENTNUMBER 200302371, FILED FEBRUARY 28, 2003 AT THEHALL COUNTY REGISTER OF DEEDS, AS DESCRIBED ASFOLLOWS:COMMENCING AT A SOUTHWEST CORNER OF LOT 2,PEDCOR SUBDIVISION AND ALSO BEING ON THE EASTRIGHT OF WAY LINE OF JAMES ROAD; THENCE AROUND ACURVE IN A CLOCKWISE DIRECTION, ALONG SAID EASTRIGHT OF WAY LINE OF JAMES ROAD, HAVING A DELTA OF4°14'17", A RADIUS OF 270.64', A CHORD BEARING OFN01°31'57"E, AND A CHORD DISTANCE OF 20.01 FEET;THENCE N89°21'17"E A DISTANCE OF 149.29 FEET TO APOINT 20 FEET WEST OF THE EAST LINE OF SAID LOT 2,PEDCOR SUBDIVISION; THENCE S00°38'55"E, PARALLELAND 20 FT. WEST OF SAID EAST LINE OF LOT 2, A DISTANCEOF 20.00 FEET TO A POINT ON THE NORTH LINE OFEXISTING EASEMENT DOCUMENT NUMBER 93-105819,FILED JULY 1993; THENCE S89°21'17"W A DISTANCE OF150.05 FEET TO THE POINT OF BEGINNING. SAID VACATEDEASEMENT CONTAINS A CALCULATED AREA OF 2995.89SQUARE FEET MORE OR LESS.P.O.BPROPERTY LINEEASEMENT LINEEASEMENT VACATE AREAEASEMENT AREA TO REMAINGrand IslandCouncil Session - 4/26/2022Page 33 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item F-2 #9880 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 4/26/2022 Page 34 / 188 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:April 26, 2022 Subject:Consideration of Approving Salary Ordinance No. 9880 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 would amend the salary range of the non-union position of Police Chief. Current Police Chief, Robert Falldorf, has submitted his retirement letter after 35+ years of service to the Grand Island Police Department. Chief Falldorf’s last day with the department will be January 13, 2023. In an effort to ensure a smooth transition of leadership, Administration would like to begin a search for a new replacement. An initial step in the process was to conduct a wage survey. Based on the results, Administration is proposing to amend the salary range from $48.7891 $76.6353 to $62.4286/$83.8548 hourly or $101,481.33/$159,401.42 to $129,851.49/$174,417.98 annually. If approved, Administration would not request an additional amendment with the 2022-2023 fiscal budget. 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 Grand Island Council Session - 4/26/2022 Page 35 / 188 City Administration recommends that the Council approve proposed Salary Ordinance No. 9880. Sample Motion Move to approve Salary Ordinance No. 9880. Grand Island Council Session - 4/26/2022 Page 36 / 188 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9880 An ordinance to amend Ordinance 9877 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 add the IBEW Service/Clerical/Finance position and salary range of Public Safety Apprentice Full Time; to add a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period for the Public Safety Apprentice Full time position; to add the non-union position and salary range of Public Safety Apprentice-Part Time; to add non-union Public Safety Apprentice Part Time a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay periodamend the salary range of the non-union position of Police Chief; and to repeal those portions of Ordinance No. 9877 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 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 Grand Island Council Session - 4/26/2022 Page 37 / 188 ORDINANCE NO. 9880 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 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 Grand Island Council Session - 4/26/2022 Page 38 / 188 ORDINANCE NO. 9880 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 24.1758/30.1979 40 hrs/week 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 Grand Island Council Session - 4/26/2022 Page 39 / 188 ORDINANCE NO. 9880 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Police Captain 41.0025/59.7113 Exempt Police Chief 48.7891/76.6353 62.4286/83.8548 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 Safety Apprentice - Part Time 17.5592/24.6211 40 hrs/week 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 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 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 Grand Island Council Session - 4/26/2022 Page 40 / 188 ORDINANCE NO. 9880 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 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 Grand Island Council Session - 4/26/2022 Page 41 / 188 ORDINANCE NO. 9880 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 22.3876/31.1427 40 hrs/week Custodian 17.3168/21.5822 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 26.1591/33.5904 40 hrs/week Engineering Technician II 32.4526/42.0591 40 hrs/week Instrument Technician 37.0707/47.2568 40 hrs/week Lineworker Apprentice 27.7882/38.5498 40 hrs/week Lineworker First Class 35.4013/43.7249 40 hrs/week Materials Handler 31.0070/39.4318 40 hrs/week Meter Reader 24.1758/30.1979 40 hrs/week Meter Technician 33.2499/37.7483 40 hrs/week Power Dispatcher I 36.1020/44.7877 40 hrs/week Power Dispatcher II 40.2854/50.7224 40 hrs/week Power Plant Maintenance Mechanic 34.6092/42.8018 40 hrs/week Power Plant Operator 37.8075/43.8578 40 hrs/week Senior Engineering Technician 36.0782/45.0109 40 hrs/week Grand Island Council Session - 4/26/2022 Page 42 / 188 ORDINANCE NO. 9880 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Senior Materials Handler 35.4941/49.2077 40 hrs/week Senior Power Dispatcher 46.4846/55.9970 40 hrs/week Senior Power Plant Operator 43.5085/50.4378 40 hrs/week Senior Substation Technician 39.6994/46.2921 40 hrs/week Senior Water Maintenance Worker 26.9446/35.9365 40 hrs/week Substation Technician 39.5895/44.4692 40 hrs/week Systems Technician 41.5793/46.6303 40 hrs/week Tree Trim Crew Chief 35.6425/44.8034 40 hrs/week Utility Electrician 34.6685/44.1017 40 hrs/week Utility Groundman 24.4206/30.8000 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.2461/45.5569 40 hrs/week Utility Warehouse Clerk 26.2350/32.7744 40 hrs/week Water Maintenance Worker 25.4102/33.4379 40 hrs/week Wireworker I 25.5350/37.6918 40 hrs/week Wireworker II 35.4013/43.7249 40 hrs/week 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 Grand Island Council Session - 4/26/2022 Page 43 / 188 ORDINANCE NO. 9880 (Cont.) - 8 - 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. A lateral hiring incentive is provided, namely for certified applicants, Five Thousand dollars ($5,000) certification credit and fifty (50) hours of compensatory time if eligible. A referral incentive is provided for existing Officers who successfully recruit applicants, specifically, a Three Hundred dollar ($300) incentive for the referral of one non-certified applicant who makes the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of two or more non-certified applicants who make the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of one or more certified applicants who make the Civil Service eligibility list; and a One Thousand Seven Hundred dollar ($1,700) incentive if one or more of the referred applicants is hired. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Grand Island Council Session - 4/26/2022 Page 44 / 188 ORDINANCE NO. 9880 (Cont.) - 9 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.0309/29.6326 212 hrs/28 days Firefighter / EMT 17.3619/24.2884 212 hrs/28 days Firefighter / Paramedic 18.7687/26.5120 212 hrs/28 days Life Safety Inspector 26.4868/34.5345 40 hrs/week Battalion Chief 29.6036/34.1068 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.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 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 Grand Island Council Session - 4/26/2022 Page 45 / 188 ORDINANCE NO. 9880 (Cont.) - 10 - 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 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 Apprentice 17.5592/24.6211 40 hrs/week Grand Island Council Session - 4/26/2022 Page 46 / 188 ORDINANCE NO. 9880 (Cont.) - 11 - 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. 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 $0.50 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 Grand Island Council Session - 4/26/2022 Page 47 / 188 ORDINANCE NO. 9880 (Cont.) - 12 - 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 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 Grand Island Council Session - 4/26/2022 Page 48 / 188 ORDINANCE NO. 9880 (Cont.) - 13 - 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 and the non-union Public Safety Apprentice Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers and full time Public Safety Apprentices 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 Grand Island Council Session - 4/26/2022 Page 49 / 188 ORDINANCE NO. 9880 (Cont.) - 14 - 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-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 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. Grand Island Council Session - 4/26/2022 Page 50 / 188 ORDINANCE NO. 9880 (Cont.) - 15 - 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 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 Grand Island Council Session - 4/26/2022 Page 51 / 188 ORDINANCE NO. 9880 (Cont.) - 16 - 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 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 Grand Island Council Session - 4/26/2022 Page 52 / 188 ORDINANCE NO. 9880 (Cont.) - 17 - 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 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. Grand Island Council Session - 4/26/2022 Page 53 / 188 ORDINANCE NO. 9880 (Cont.) - 18 - 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 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 Grand Island Council Session - 4/26/2022 Page 54 / 188 ORDINANCE NO. 9880 (Cont.) - 19 - 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: 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 Grand Island Council Session - 4/26/2022 Page 55 / 188 ORDINANCE NO. 9880 (Cont.) - 20 - 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. SECTION 14. Those portions of Ordinance No. 9877 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: April 26, 2022 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 56 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-1 Approving Minutes of April 12, 2022 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 4/26/2022 Page 57 / 188 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 12, 2022 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 April 12, 2022. Notice of the meeting was given in The Grand Island Independent on April 6, 2022. 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, Michelle Fitzke, Mark Stelk, Jason Conley, Vaughn Minton, Bethany Guzinski, Mitch Nickerson, and Maggie Mendoza. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Interim City Attorney Stacy Nonhof, Finance Director Patrick Brown, and Public Works Director John Collins. INVOCATION was given by Pastor Tim Rust, Destiny Church, 4306 US Highway 30 followed by the PLEDGE OF ALLEGIANCE. Mayor Steele introduced Interpreter/Translator Dennis Guerrero. PRESENTATIONS AND PROCLAMATIONS: Proclamation "Child Abuse Prevention Month" April 2022. Mayor Steele proclaimed the month of April 2022 as “Child Abuse Prevention Month”. Members from the First Light Child Advocacy Center were present to receive the proclamation. Presentation of Electric Utility Integrated Resource Plan. Utilities Director Tim Luchsinger introduced John Krajewski, 74408 Road 433, Smithfield, Nebraska representing JK Energy Consulting who presented the IRP he developed for Grand Island Utility Department in accordance with the WAPA requirements. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement - 4058 Enterprise Avenue (Mick & Lori Brown Trust). Utilities Director Tim Luchsinger reported that a utility easement was needed at 4058 Enterprise Avenue in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The Mick Brown and Lori Brown Trust had requested a new electrical service for the new Brown Reception Hall at this location. The proposed easement would allow the Utilities Department to install, access, operate, and maintain the electrical infrastructure at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Ingress/Egress Easement in NW1/4, SW1/4 of Section 27, Township 11 North, Range 9- 3021 S Locust Street (The Grand Island Extended Stay, LLC). Grand Island Council Session - 4/26/2022 Page 58 / 188 Page 2, City Council Regular Meeting, April 12, 2022 Public Works Director John Collins reported that to allow for access to the new Lift Station No. 17 planned at this location it was requested that the City acquire an Ingress/Egress easement from The Grand Island Extended Stay, LLC. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement in Nikodym Subdivision- 655 S Cherry Street (Nikodym). Public Works Director John Collins reported that to allow for development of the property at the northeast corner of Cherry Street and Bismark Road, a public drainage easement was necessary. This area would be maintained by the developer per the subdivision agreement. Staff recommended approval. No public testimony was heard. RESOLUTION: #2022-105 - Consideration of Approving Resolution Recognizing IBEW Local 1597 (Service/Clerical/Finance) as Labor Representative for the Public Safety Apprentice Classification and Amending Relevant Labor Contract. Human Resources Director Aaron Schmid reported that due to difficulty in recruiting Police Officers the City was proposing the creation of a Public Safety Apprentice program. The Resolution, if approved, would definitively recognize the IBEW as the labor representative for the PSAs and add that job classification to the list of positions covered under the present contract the IBEW has with the City for the Service/Clerical/Finance bargaining unit. Staff recommended approval. Police Captain Jim Duering spoke in support. Motion by Nickerson, second by Guzinski to approve Resolution #2022-105. Upon roll call vote, all voted aye. Motion adopted. 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: #9877 - Consideration of Approving Salary Ordinance #9878 - Consideration of Vacation of Public Drainage Easement in Lots 1-20 of Copper Creek Seventeenth Subdivision- (The Guarantee Group, LLC) 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 Paulick seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9877 - Consideration of Approving Salary Ordinance This item was related to the aforementioned Resolution #2022-105. Motion by Paulick, second by Fitzke to approve Ordinance #9877. Grand Island Council Session - 4/26/2022 Page 59 / 188 Page 3, City Council Regular Meeting, April 12, 2022 City Clerk: Ordinance #9877 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 #9877 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9877 is declared to be lawfully adopted upon publication as required by law. #9878 - Consideration of Vacation of Public Drainage Easement in Lots 1-20 of Copper Creek Seventeenth Subdivision- (The Guarantee Group, LLC) Public Works Director John Collins reported that the current property owner of Lots 1-20 in Copper Creek Seventeenth Subdivision was requesting to vacate such dedicated easement to allow for development of the area. Motion by Nickerson, second by Minton to approve Ordinance #9878. City Clerk: Ordinance #9878 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 #9878 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9878 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-10 and G-11 (Resolutions #2022-86 and #2022-87) were removed for further discussion. Motion by Paulick, second by Minton to approve the Consent Agenda excluding items G-10 and G-11. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 22, 2022 City Council Regular Meeting. Approving Change of Location for Bosselman Pump & Pantry, Inc. dba Pump & Pantry #10, 3212 South Locust Street to Pump & Pantry 54, 3436 South Locust Street – Liquor License D- 104597. #2022-75 - Approving Updated Parking Regulations. Grand Island Council Session - 4/26/2022 Page 60 / 188 Page 4, City Council Regular Meeting, April 12, 2022 #2022-80 - Approving Acquisition of Utility Easement - 4058 Enterprise Avenue (Mick & Lori Brown Trust). #2022-81 - Approving Bid Award for Boiler Inspection and Repair - Spring 2022 with AMI, LLC of Olathe, Kansas in an Amount of $86,501.00. #2022-82 - Approving Bid Award for GT2 Hot Gas Path Inspection with General Electric International, Inc. of Atlanta, Georgia in an Amount of $1,024,021.25. #2022-83 - Approving Re-allocation of Utility Electrician to Instrument Technician. #2022-84 - Approving Purchase of Air Bottles for Self Contained Breathing Apparatus from Danko Emergency Equipment of Snyder, Nebraska in an Amount or $33,280.00. #2022-85 - Approving Overnight RV Camp Parking for May 2022 Softball Tournament at Veterans Sports Complex – Parks & Recreation Department. #2022-86 - Approving Bid Award for Furnishing and Installation of Irrigation System at Ashley Park – Parks & Recreation Department with Precision Sprinklers of Hastings, Nebraska in an Amount of $96,500.00. Parks & Recreation Director Todd McCoy reported that the current irrigation system at Ashley Park was outdated, inefficient, and was experiencing many failures which was costly to repair. Bids were received with the low bid from Precision Sprinkles of Hastings, Nebraska in an amount of $96,500.00. Discussion was held regarding the difference in the bids received. Motion by Nickerson, second by Fitzke to approve Resolution #2022-86. Upon roll call vote, all voted aye. Motion adopted. #2022-87 - Approving Contract for Comprehensive Facility Evaluation and Master Plan for Island Oasis Water Park – Parks & Recreation Department with Waters Edge Aquatics Design of Lenexa, Kansas in an Amount of $54,700.00. Parks & Recreation Director Todd McCoy reported that Request for Qualifications were received from four companies. The last study was done in 2004. Mr. McCoy answered questions regarding what had been done since the last study and that this study would be just for the Island Oasis Water Park. Motion by Nickerson, second by Paulick to approve Resolution #2022-87. Upon roll call vote, all voted aye. Motion adopted. #2022-88 - Approving Setting April 26, 2022 for a Study Session on Renewal of the City’s Economic Development Plan (LB840). #2022-89 - Approving Supplemental Agreement No. 1 with NDOT- Intermodal Planning Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2022 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program. Grand Island Council Session - 4/26/2022 Page 61 / 188 Page 5, City Council Regular Meeting, April 12, 2022 #2022-90 - Approving Certificate of Final Completion for Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska. #2022-91 - Approving Amendment No. 4 to Engineering Consulting Agreement for Custer Avenue- Forrest Street to Old Potash Highway Roadway Rehabilitation; Project No. 2019-P-13 (Phase I) & 2021-P-8 (Phase II) with Olsson, Inc. of Grand Island, Nebraska for an Increase of $73,000.00 and a Revised Contract Amount of $420,430.00. #2022-92 - Approving Agreement Amendment No. 1 with Central Platte Natural Resources District, Hall County, and Grand Island Area Economic Development Corporation Related to Portions of Platte Valley Industrial Park Subdivisions. #2022-93 - Approving Acquisition of Ingress/Egress Easement in NW1/4, SW1/4 of Section 27, Township 11 North, Range 9- 3021 S Locust Street (The Grand Island Extended Stay, LLC). #2022-94 - Approving Acquisition of Drainage Easement in Nikodym Subdivision- 655 S Cherry Street (Nikodym). #2022-95 - Approving Change Order No. 2 for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation; Project No. 2017-WWTP-2 with Sampson Construction Co., Inc. of Lincoln, Nebraska for a Decrease of $2,262.00 and a Revised Contract Amount of $3,455,856.00. #2022-96 - Approving Bid Award for the 2022 Asphalt Resurfacing Project No. 2022-AC-1 with Gary Smith Construction Co., Inc. of Grand Island, Nebraska in an Amount of $852,351.23. #2022-97 - Approving Amendment No. 1 for Various Locations Drainage Projects with JEO Consulting Group, Inc. of Grand Island, Nebraska for an Increase of $13,045.00 and a Revised Contract Amount of $110,015.00. #2022-98 - Approving Change Order No. 1 for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 with Elsbury Construction, LLC of Grand Island, Nebraska for an Increase of $66,374.33 and a Revised Contract Amount of $1,516,131.19. #2022-99 - Approving Amendment to Subrecipient Agreement CDBG #2019-11-CV with Hall County Community Collaborative. #2022-100 - Approving Amendment #2 to Agreement CDBG #2019-7-CV with Heartland United Way. #2022-101 - Approving Termination of Subrecipient Agreement with Senior Citizen Industries. #2022-102 - Approving Final Plat and Subdivision Agreement for Nikodym Third Subdivision. It was noted that JNIK, Inc., owner, had submitted the Final Plat and Subdivision Agreement for Grand Island Council Session - 4/26/2022 Page 62 / 188 Page 6, City Council Regular Meeting, April 12, 2022 Nikodym Third Subdivision located east of Cherry Street and north of Bismark Avenue for the purpose of creating 47 lots on 13.35 acres. #2022-103 - Approving an Intern 0.12 FTE for the City Attorney's Office. RESOLUTION: #2022-104 - Consideration of Approving Donor Recognition for Playground at Ryder Park – Parks & Recreation Department. Parks and Recreation Director Todd McCoy reported that the City was approached by students and staff from the Central Community College Occupational Therapy Class with the idea of raising funds to build a new community inclusive playground. Central Community College Foundation had begun fundraising efforts and was requesting approval to recognize donors of over $5,000 with signage at the playground site. Staff recommended approval. Representatives from the Central Community College Foundation were present. Motion by Guzinski, second by Conley to approve Resolution #2022-104. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Paulick to approve the payment of claims for the period of March 23, 2022 through April 12, 2022 for a total amount of $6,626,533.59. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/26/2022 Page 63 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-2 Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street Staff Contact: RaNae Edwards Grand Island Council Session - 4/26/2022 Page 64 / 188 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 26, 2022 Subject:Approving Renewal of Pawnbrokers Official Bond Presenter(s):RaNae Edwards, City Clerk Background Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Each license expires on April 30th of each year and must be renewed prior to that date. Discussion G.I. Loan Shop, 1004 West Second Street and Express Pawn, 645 South Locust Street have submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the renewals 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the application and bond for renewal of pawnbroker’s license. Sample Motion Move to approve the renewal applications and bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street. Grand Island Council Session - 4/26/2022 Page 65 / 188 Grand Island Council Session - 4/26/2022 Page 66 / 188 Grand Island Council Session - 4/26/2022 Page 67 / 188 Grand Island Council Session - 4/26/2022 Page 68 / 188 Grand Island Council Session - 4/26/2022 Page 69 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-3 Approving Appointment of Tom Barnes to the Zoning Board of Adjustment Board Mayor Steele has submitted the appointment of Tom Barnes to the Zoning Board of Adjustment board. This appointment would become effective immediately upon approval by the City Council and would expire on August 31, 2024. Staff Contact: Mayor Roger Steele Grand Island Council Session - 4/26/2022 Page 70 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-4 Approving Appointment of Gail Yenny to the Animal Advisory Board Mayor Steele has submitted the appointment of Gail Yenny to the Animal Advisory board to replace Bob Loewenstein. This appointment would become effective immediately upon approval by the City Council and would expire on August 31, 2023. Staff Contact: Mayor Roger Steele Grand Island Council Session - 4/26/2022 Page 71 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-5 #2022-106 - Approving Final Plat and Subdivision Agreement for Copper Creek Estates 21st Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 4/26/2022 Page 72 / 188 Council Agenda Memo From:Regional Planning Commission Meeting:April 26, 2022 Subject:Copper Creek Estates Twenty-First Subdivision- Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is generally located east of Kenneth Drive and south of Thomas Street in Grand Island, Nebraska. (20 lots, 4.917 acres). This property is zoned R2 Low Density Residential. Discussion The final plat for Copper Creek Estates Twenty-First Subdivision was considered at the Regional Planning Commission at the April 6, 2022 meeting. A motion was made by Ruge and second by Monter to approve all items on the consent agenda. The motion carried with eleven members voting in favor (Nelson, Allan, O’Neill, Ruge, Olson, Robb, Monter, Rubio, Randone, and Randone) with no members voting no. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the preliminary plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 4/26/2022 Page 73 / 188 Developer/Owner Guarantee Group LLC PO Box 5916 Grand Island, NE 68802 To create Size: Final Plat 20 lots, 4.917 Acres Zoning: R2 Low Density Residential Road Access: New streets are proposed as 37’ concrete curb and gutter streets. Water: City water is available to the subdivision and will be extended to all new lots. Sewer: City sewer is available to the subdivision and will be extended to all new lots. Grand Island Council Session - 4/26/2022 Page 74 / 188 N89°39'52"E 242.04'(M,P1)S07°55'44"E78.69'(M)S05°01'23"E 160.52'(M)S00°46'31"E 405.73'(M)N89°36'39"E 10.00'(M)S00°46'31"E98.48'(M)N89°40'53"W 344.06'(M) 95.92'(M,P2)N00°46'31"W95.57'(M,P2) N89°35'39"E N00°46'31"W 60.00'(M,P2) S89°35'39"W 10.00'(M,P2)N00°46'31"W 564.01'(M,P2)78.35'(M,P2)N03°30'02"W95.84'(M,P1)78.59'(M)S06°31'59"ES89°36'39"W 100.00'(M)N00°46'31"W 565.73'(M)80.00'(M)S00°46'31"ES89°36'39"W 100.00'(M)N00°46'31"W80.00'(M,P2)80.00'(M)S89°36'39"W 100.00'(M)80.00'(M,P2)S00°46'31"E 565.73'(M)80.00'(M)S89°36'39"W 100.00'(M)80.00'(M,P2)80.00'(M)S89°36'39"W 100.00'(M)80.00'(M,P2)80.00'(M)S89°36'39"W 100.00'(M)80.00'(M,P2)80.00'(M)S89°36'39"W 100.00'(M)80.00'(M,P2)85.72'(M)S00°46'31"EN00°46'31"W84.00'(M,P2)S00°46'31"E96.30'(M)88.02'(M)N00°46'31"W96.93'(M)N89°36'39"E 88.00'(M)S00°46'31"E97.39'(M)88.02'(M) N89°36'39"E 88.00'(M) 88.02'(M) N89°40'53"W N89°36'39"E 187.57'(M)85.72'(M)S00°46'31"E100.00'(M)N00°46'31"W85.72'(M)N89°36'39"E 100.00'(M) S89°36'39"W 110.00'(M)80.00'(M)80.00'(M)N89°36'39"E 100.00'(M)80.00'(M)80.00'(M)N89°36'39"E 100.00'(M)80.00'(M)80.00'(M)N89°36'39"E 100.00'(M) N89°36'39"E 100.00'(M) 80.00'(M)S00°46'31"E80.00'(M) 80.26'(M)S05°01'23"E80.00'(M)N89°36'39"E 94.06'(M)80.26'(M)S05°01'23"EN00°46'31"W80.00'(M)86.10'(M,P1)N06°31'59"W 78.54'(M)N89°35'39"E 80.00'(M) 80.01'(M) N89°40'53"W 60.10'(M,P1) 1277.92'(M) N89°40'53"W N89°40'53"W 2627.73'(M) N89°40'53"W 2163.95'(M)S00°46'31"E60.00'(M)S89°36'39"W 11.57'(M) L1 L2 L3 L4 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LINE TABLE L1 L2 L3 L4 N89°01'40"W S89°36'39"W N89°35'39"E S89°01'40"E 72.46 17.57 15.57 72.46 N89°36'39"E 88.11'(M)N00°02'17"W80.00'(M)80.00'(M)N00°02'10"W34.98'(M) 428.80'(M) 428.77'(P) N89°41'16"W SECTION CORNER POB FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 WEST 1/4 CORNER, SEC. 23-T11N-R10W FOUND SURVEY MARKER E 38.53' TO NAIL IN POWER POLE W 32.70' TO 1/2" IRON PIPE SE 45.63' TO TOP CENTER OF FIRE HYDRANT CENTER 1/4 CORNER, SEC. 23-T11N-R10W FOUND 1/2" IRON PIPE W 34.98' TO 1/2" IRON PIPE NW 77.03' TO SOUTH END 24" RCP SW 10.42' TO NOTCH IN WEST END RCP OWNERS: THE GUARANTEE GROUP, LLC SUBDIVIDER: THE GUARANTEE GROUP, LLC SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 21 EXISTING PROPERTY LINE NEW PROPERTY LINE SET CORNER (5/8"x24" REBAR W/CAP) MEASURED DISTANCEM SUBDIVISION LINE FOUND CORNER (5/8" REBAR or as Noted) PLAT DISTANCE COPPER CREEK ESTATES 9TH SUBP SECTION LINE PROPOSED DRAINAGE EASEMENT LINEPROPOSED UTILITY EASEMENT LINE EXIST. DRAINAGE EASEMENT LINE EXIST. UTILITY EASEMENT LINE PLAT DISTANCE COPPER CREEK ESTATES 17TH SUBP1PLAT DISTANCE COPPER CREEK ESTATES 18TH SUBP2 A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 24, COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S07°55'44"E A DISTANCE OF 78.69 FEET; THENCE S05°01'23"E A DISTANCE OF 160.52 FEET; THENCE S00°46'31"E A DISTANCE OF 405.73 FEET; THENCE N89°36'39"E A DISTANCE OF 10.00 FEET; THENCE S00°46'31"E A DISTANCE OF 60.00 FEET; THENCE S89°36'39"W A DISTANCE OF 11.57 FEET; THENCE S00°46'31"E A DISTANCE OF 98.48 FEET TO THE NORTH LINE OF A TRACT AS DESCRIBED IN INST. NO. 201901301; THENCE S89°40'53"W, ALONG SAID NORTH LINE OF SAID TRACT, A DISTANCE OF 344.06 FEET TO A POINT BEING THE SOUTHEAST CORNER OF LOT 32, COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N00°46'31"W, ALONG THE EAST LINE OF SAID LOT 32, A DISTANCE OF 95.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 32 AND ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF AIDEN STREET; THENCE N89°35'39"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 95.57 FEET; THENCE N00°46'31"W, ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF AIDEN STREET; THENCE S89°35'39"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF LOT 34, SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N00°46'31"W, ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 564.01 FEET TO THE SOUTHEAST CORNER OF LOT 41, SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N03°30'02"W, ALONG THE EAST LINE OF SAID LOT 41, A DISTANCE OF 78.35 FEET TO THE NORTHEAST CORNER OF SAID LOT 41 AND SAID POINT ALSO BEING ON THE SOUTH LINE OF COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION; THENCE N89°39'52"E, ALONG A SOUTH LINE OF SAID COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, A DISTANCE OF 242.04 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 214,174.99 SQUARE FEET OR 4.917 ACRES MORE OR LESS OF WHICH 1.245 ACRES IS NEW DEDICATED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY THAT ON ______________________, 2022, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS. _______________________________________________________ JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630 KNOW ALL MEN BY THESE PRESENTS, THAT THE GUARANTEE GROUP, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNERS OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS " IN PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA THIS ____ DAY OF ____________, 2022. _______________________________ SEAN P. O'CONNOR, A MEMBER THE GUARANTEE GROUP, LLC, A NEBRASKA LIMITED LIABILITY COMPANY ON THIS ____ DAY OF ___________, 2022, BEFORE ME , A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED SEAN P. O'CONNOR, A MEMBER, THE GUARANTEE GROUP, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ______________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _____________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS ____ DAY OF ______ , 2022. _______________________________ MAYOR _______________________________ CITY CLERK Grand Island Council Session - 4/26/2022 Page 75 / 188 SUBDIVISION AGREEMENT COPPER CREEK TWENTY FIRST SUBDIVISION Lots 1-20 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, GUARANTEE GROUP 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: A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY- THREE (23), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 24, COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S07°55'44"E A DISTANCE OF 78.69 FEET; THENCE S05°01'23"E A DISTANCE OF 160.52 FEET; THENCE S00°46'31"E A DISTANCE OF 405.73 FEET; THENCE N89°36'39"E A DISTANCE OF 10.00 FEET; THENCE * This Space Reserved for Register of Deeds * Grand Island Council Session - 4/26/2022 Page 76 / 188 - 2 - S00°46'31"E A DISTANCE OF 60.00 FEET; THENCE S89°36'39"W A DISTANCE OF 11.57 FEET; THENCE S00°46'31"E A DISTANCE OF 98.48 FEET TO THE NORTH LINE OF A TRACT AS DESCRIBED IN INST. NO. 201901301; THENCE S89°40'53"W, ALONG SAID NORTH LINE OF SAID TRACT, A DISTANCE OF 344.06 FEET TO A POINT BEING THE SOUTHEAST CORNER OF LOT 32, COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N00°46'31"W, ALONG THE EAST LINE OF SAID LOT 32, A DISTANCE OF 95.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 32 AND ALSO BEING THE SOUTH RIGHT-OF- WAY LINE OF AIDEN STREET; THENCE N89°35'39"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 95.57 FEET; THENCE N00°46'31"W, ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF AIDEN STREET; THENCE S89°35'39"W, ALONG SAID NORTH RIGHT-OF- WAY LINE, A DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF LOT 34, SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N00°46'31"W, ALONG AN EAST LINE OF SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION, A DISTANCE OF 564.01 FEET TO THE SOUTHEAST CORNER OF LOT 41, SAID COPPER CREEK ESTATES EIGHTEENTH SUBDIVISION; THENCE N03°30'02"W, ALONG THE EAST LINE OF SAID LOT 41, A DISTANCE OF 78.35 FEET TO THE NORTHEAST CORNER OF SAID LOT 41 AND SAID POINT ALSO BEING ON THE SOUTH LINE OF COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION; THENCE N89°39'52"E, ALONG A SOUTH LINE OF SAID COPPER CREEK ESTATES SEVENTEENTH SUBDIVISION, A DISTANCE OF 242.04 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 214,174.99 SQUARE FEET OR 4.917 ACRES MORE OR LESS OF WHICH 1.245 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 Grand Island Council Session - 4/26/2022 Page 77 / 188 - 3 - subdivision, to be known as COPPER CREEK TWENTY 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 COPPER CREEK TWENTY 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: 1.Paving. The Subdivider agrees to pave Buffalo Grass Street and Aiden Street in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. If the Subdivider fails to pave Buffalo Grass Street and Aiden Street, the City may create a paving district to perform such work. 2.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. Grand Island Council Session - 4/26/2022 Page 78 / 188 - 4 - 4.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Street Name Curb sidewalk Conventional Sidewalk Sidewalk Requirement Waived by Council Buffalo Grass Street x NO Aiden Street x NO 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Grand Island Council Session - 4/26/2022 Page 79 / 188 - 5 - 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. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as COPPER CREEK TWENTY 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. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2022. GUARANTEE GROUP, L.L.C., Subdivider By: ____________________________________ Sean P. O’Connor, Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sean P. O’Connor, Member, Guarantee Group, 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 Guarantee Group, L.L.C. WITNESS my hand and notarial seal the date above written. Grand Island Council Session - 4/26/2022 Page 80 / 188 - 6 - _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2022-____, 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 - 4/26/2022 Page 81 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-106 WHEREAS know all men by these presents, that Guarantee Group, A Nebraska Limited Liability Company, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “COPPER CREEK ESTATES TWENTY- FIRST SUBDIVISION”, A tract of land consisting of the northwest quarter (NW ¼ ) of section twenty-three (23), 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 COPPER CREEK ESTATES TWENTY-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, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 82 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-6 #2022-107 - Approving Final Plat and Subdivision Agreement for Sargent Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 4/26/2022 Page 83 / 188 Council Agenda Memo From:Regional Planning Commission Meeting:April 26, 2022 Subject:Sargent Subdivision- Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is generally located north of Dodge Street and west of Eugene Street (2 lots, 0.299 acres). This property is zoned R2 Low Density Residential. Discussion The final plat for Sargent Subdivision was considered at the Regional Planning Commission at the April 6, 2022 meeting. A motion was made by Ruge and second by Monter to approve all items on the consent agenda. The motion carried with eleven members voting in favor (Nelson, Allan, O’Neill, Ruge, Olson, Robb, Monter, Rubio, Randone, and Randone) with no members voting no. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 4/26/2022 Page 84 / 188 Developer/Owner Brennan Sargent 614 E. Dodge Grand Island, NE 68801 To create Size: Final Plat 2 lots, 0.299 Acres Zoning: R2 Low Density Residential. Road Access: Existing City Streets Water: City water is available to the subdivision. Sewer: City sewer is available to the subdivision. Grand Island Council Session - 4/26/2022 Page 85 / 188 NScale 1" = 20'EUGENE STREET 156.05' A (156.00' R) S 00°00'26" W 156.00' A (156.00' R) N 00°08'29" E 83.50' A (83.50' R) N 89°45'27" E83.87' A (83.50' R) S 89°47'36" WDODGE STREET21.10'S 89°54'08" E98.17' 66.12' 57.83' 89.93' - Corner Found 1/2" Pipe Unless Otherwise Noted - 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted - Temporary PointAll Distances on Curves areChord DistanceR - Recorded DistanceA- Actual DistanceP- Prorated DistanceLegendGrand Island, Nebraska1" = 20'2/2/2022Brent C.22-0251 OF 1INITIAL POINT SURVEYING LLC1811 W 2nd Street; Suite 280Grand Island, NE 68803308-383-6754 Cell308-675-4141 OfficePart Lot One ( 1), Anderson SubdivisionSARGENT SUBDIVISIONCITY OF GRAND ISLAND , NEBRASKA KNOW ALL MEN BY THESE PRESENTS, that "Brennan Sargent." being the owner of the land described hereon have caused sameto be surveyed, subdivided, platted and designated as 'SARGENT SUBDIVISION', in the City of Grand Island, Nebraska, as shown onthe accompanying plat thereof, and do hereby dedicate the easements, if any, as shown thereon for the location, construction andmaintenance of public service utilities, together with the right of ingress and egress thereto, and hereby prohibiting the planting oftrees, bushes and shrubs, or placing other obstructions upon, over, along or underneath the surface of such easements; and that theforegoing subdivision as more particularly described in the description hereon as appears on this plat is made with the free consentand in accordance with the desires of the undersigned owners and proprietors. IN WITNESS WHEREOF, we have affixed our signatures hereto, at Grand Island, Nebraska this day of , 2022 Brennan Sargent Date I hereby certify that on February 2, 2022, I completed an accurate survey of 'SARGENT SUBDIVISION', inthe City of Grand Island, Nebraska, as shown on the accompanying plat thereof; that the lots, block, streets,avenues, alleys, parks, commons and other grounds as contained in said subdivision as shown on theaccompanying plat thereof are well and accurately staked off and marked; that iron markers were placed at alllot corners; that the dimensions of each lot are as shown on the plat; that each lot bears its own number; andthat said survey was made with reference to known and recorded monuments. Brent D Cyboron, Reg. Land Surveyor No. 727ACKNOWLEDEGEMENTState Of NebraskaCounty Of Hall On the day of ,2022, before me a Notary Public within and for said County, personally appeared BrennanSargent, to me personally known to be the identical person whose signatures are affixed hereto, and that each did acknowledge the execution thereof tobe his or her voluntary act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Grand Island, Nebraska, on the date last above written. My commission expires . Notary PublicDEDICATIONSURVEYOR'S CERTIFICATEAPPROVALSSubmitted to and approved by the Regional Planning Commissionof Hall County, Grand Island and Wood River, and The Villagesof Alda, Cairo, and Doniphan, NebraskaChairmanDateApproved and accepted by the City of Grand Island, Hall County, Nebraska this________Day of , 2022Mayor City ClerkLOT 26007.815 Sq. Ft. +/-LEGAL DESCRIPTIONA tract of land comprising the West Eighty Three and Five Tenths (83. 5) feet of the Northerly One HundredFifty -Six (156. 0) feet of Lot One ( 1), Anderson Subdivision, in the City of Grand Island, Hall County,Nebraska.29.57' N 89°45'29" E7.59'S 00°27'35" E18.76'S 00°20'33" E5.03' AS 00°00'00" E8.79'S 89°24'43" E24.00'S 90°00'00" ELOT 17046.785 Sq. Ft. +/-Grand IslandCouncil Session - 4/26/2022Page 86 / 188 SUBDIVISION AGREEMENT SARGENT SUBDIVISION Lots 1 and 2 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, BRENNAN SARGENT, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A tract of land comprising the West Eighty Three and Five Tenths (83.5) feet of the Northerly One Hundred Fifty-Six (156.0) feet of Lot One (1), Anderson Subdivision, in the City of Grand Island, Hall County, Nebraska.; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as SARGENT SUBDIVISION, designating explicitly the land to be * This Space Reserved for Register of Deeds * Grand Island Council Session - 4/26/2022 Page 87 / 188 - 2 - 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 SARGENT SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Eugene Street and Dodge Street where they abut the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. Grand Island Council Session - 4/26/2022 Page 88 / 188 - 3 - 5.Sidewalks. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Front Yard Setback. The Subdivider shall be limited to building on Lot 1 in a manner that preserves the front yard setback along Dodge Street and the rear yard setback along the northern lot boundary. This restriction will not apply if the existing structures are demolished and reconstructed based on the setbacks at the time of construction. 8.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. Grand Island Council Session - 4/26/2022 Page 89 / 188 - 4 - 9.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as SARGENT SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 10.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2022. BRENNAN SARGENT, Subdivider By: ____________________________________ Brennan Sargent ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Brennan Sargent, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation Grand Island Council Session - 4/26/2022 Page 90 / 188 - 5 - By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2022-____, 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 - 4/26/2022 Page 91 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-107 WHEREAS know all men by these presents, that Brennan Sargent, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “SARGENT SUBDIVISION”, A tract of land comprising the West Eighty Three and Five Tenths (83.5) feet of the Northerly One Hundred Fifty-Six (156.0) feet of Lot One (1), Anderson Subdivision, 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 SARGENT 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, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 92 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-7 #2022-108 - Approving Final Plat and Subdivision Agreement for Eynetich Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 4/26/2022 Page 93 / 188 Council Agenda Memo From:Regional Planning Commission Meeting:April 26, 2022 Subject:Eynetich Acres Subdivision- Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is generally located south of Abbott Road and east of North Road in Grand Island, Nebraska. (1 lot, 3 acres). This property is zoned AG-2 Secondary Agriculture. Discussion The final plat for Eynetich Acres Subdivision was considered at the Regional Planning Commission at the April 6, 2022 meeting. A motion was made by Ruge and second by Monter to approve all items on the consent agenda. The motion carried with eleven members voting in favor (Nelson, Allan, O’Neill, Ruge, Olson, Robb, Monter, Rubio, Randone, and Randone) with no members voting no. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 4/26/2022 Page 94 / 188 Developer/Owner Tony & Camalla Eynetich 3601 N. North Road Grand Island, NE 68803 To create Size: Final Plat 1 lots, 3 Acres Zoning: AG-2 Secondary Agriculture Road Access: Existing County Road Water: City water is not available to the subdivision. Sewer: City sewer is not available to the subdivision. Grand Island Council Session - 4/26/2022 Page 95 / 188 Grand IslandCouncil Session - 4/26/2022Page 96 / 188 SUBDIVISION AGREEMENT EYNETICH ACRES SUBDIVISION LOT 1 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, TONY and CAMALLA EYNETICH, husband and wife hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A PARCEL OF LAND LOCATED IN THE SOUTH ONE HALF OF THE NORTHWEST QUARTER (S.1/2-NW ¼) OF SECTION THIRTY-SIX (36) TOWNSHIP TWELVE (12) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH ONE HALF OF THE NORTHWEST QUARTER (WEST ¼ CORNER), THENCE S89°53’50”E (ASSUMED BEARING) ON THE SOUTH LINE OF SAID SOUTH ONE HALF OF THE NORTHWEST QUARTER A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING AND THIS BEING THE EAST RIGHT OF WAY LINE OF A COUNTY ROAD, THENCE N00°20’37”E ON SAID EAST RIGHT OF WAY LINE A * This Space Reserved for Register of Deeds * Grand Island Council Session - 4/26/2022 Page 97 / 188 - 2 - DISTANCE OF 20.00 FEET, THENCE N40°47’01”E A DISTANCE OF 423.28 FEET, THENCE S89°53’50”E A DISTANCE OF 216.00 FEET, THENCE S00°06’10”W A DISTANCE OF 216.00 FEET, THENCE S89°53’50”E A DISTANCE OF 50.00 FEET, THENCE S00°06’10”W A DISTANCE OF 125.00 FEET TO SAID SOUTH LINE OF THE SOUTH ONE HALF OF THE NORTHWEST QUARTER S.1/2- NW ¼), THENCE N89°53’50”W ON SAID SOUTH LINE A DISTANCE OF 550.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3.00 ACRES MORE OR LESS. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as EYNETICH ACRES SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said EYNETICH ACRES SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for North Road where it abuts the subdivision. 2.Water. Public water supply is not available to the subdivision. Grand Island Council Session - 4/26/2022 Page 98 / 188 - 3 - Therefore, individual water well systems shall be permissible on an initial basis. The Subdivider waives the right to protest the creation of any future water district within or abutting the subdivision. 3.Sanitary Sewer. Public sanitary sewer main is not available to the subdivision; therefore individual systems shall be permissible on an initial basis. However, the Subdivider waives the right to protest the creation of a sanitary sewer district within or abutting the subdivision. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision 5.Sidewalks. Immediate sidewalk construction adjacent to North Road shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. Grand Island Council Session - 4/26/2022 Page 99 / 188 - 4 - In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Flood Plain. Since portions of the subdivision are within a delineated flood plain, all structures within areas identified as a special flood hazard area constructed shall have the lowest floor elevation to a minimum of one foot above the elevation of the 100-year flood as determined by the building permit received by the Subdivider or successors from the Building Department under the provisions of applicable Federal, State, or local laws and regulations. No basement shall be constructed in connection with any structure in the flood plain unless such basement is floodproofed and certified as such by a qualified engineer or architect. 8.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 9.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as EYNETICH ACRES Grand Island Council Session - 4/26/2022 Page 100 / 188 - 5 - SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 10.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2022. TONY and CAMALLA EYNETICH, Subdivider By: ____________________________________ Tony Eynetich By: ____________________________________ Camalla Eynetich STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Tony Eynetich, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Grand Island Council Session - 4/26/2022 Page 101 / 188 - 6 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Camalla Eynetich, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2022-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. Grand Island Council Session - 4/26/2022 Page 102 / 188 - 7 - ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 4/26/2022 Page 103 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-108 WHEREAS know all men by these presents, that Tony T. Eynetich and Camalla M. Eynetich, husband and wife, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “EYNETICH ACRES SUBDIVISION”, A parcel of land located in the South one half of the Northwest Quarter (S ½ - NW ¼ ) of Section Thirty-Six (36) Township Twelve (12) North, Range Ten (10) West of the 6th P.M., 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 EYNETICH ACRES SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 104 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-8 #2022-109 - Approving Amendment to McCoy Meadows Subdivision Agreement Staff Contact: Chad Nabity Grand Island Council Session - 4/26/2022 Page 105 / 188 Council Agenda Memo From:Regional Planning Commission Meeting:April 26, 2022 Subject:McCoy Meadows Subdivision – Subdivision Agreement Amendment Presenter(s):Chad Nabity, AICP, Regional Planning Director Background McCoy Meadows Subdivision, located east of Ebony Lane and north of State Street was approved by the Grand Island City Council on July 23, 2019. Staff and the developer are requesting that Council approve the attached amendment to the Subdivision Agreement specifically paragraph 9 Design and Construction and paragraph 11 Landscaping. Discussion General development practices and setbacks in Grand Island are measure setbacks form the property line between the property line and the wall of the structure. Overhangs and projections from the buildings are permitted in a limited fashion in side front and rear yard setbacks. The original subdivision agreement for McCoy Meadows limited all parts of the building to the defined building envelope. The developer expected that projections would be permitted and the designs were submitted with that in mind. The proposed changes to paragraphs 9 and 11 will eliminate any confusion and make it clear that projections from the building are permitted in the same manner that they would be permitted on any other lot in Grand Island following the same codes applicable to other lots. 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 - 4/26/2022 Page 106 / 188 Recommendation City Administration recommends that Council approve the amendments to the subdivision agreement as presented, authorize the Mayor to sign the agreement and the City Clerk to file said agreement against the property with the Register of Deeds. Sample Motion Move to approve as recommended. Grand Island Council Session - 4/26/2022 Page 107 / 188 Grand Island Council Session - 4/26/2022 Page 108 / 188 Return to: RaNae Edwards City Clerk 100 East 1st Street Grand Island, NE 68801 SUBDIVISION AGREEMENT AMENDMENT McCoy Meadows Subdivision (Block 1 Lots 1 through 8, Block 2 Lots 1 through 12, Block 3 Lots 1 through 14, Block 4 Lots 1through 14 and Outlot A) In the City of Grand Island, Hall County, Nebraska WHEREAS, , DANA POINT DEVELOPMENT CORPORATION, a Wyoming Corporation,as owner of the tracts of land in the City of Grand Island, Hall County Nebraska, more particularly described as follows: Block 1 Lots 1 through 8, Block 2 Lots 1 through 12, Block 3 Lots 1 through 14, Block 4 Lots 1through 14 and Outlot A of McCoy Meadows Subdivision in the City of Grand Island, Hall County, Nebraska, collectively referred to as the Property; and WHEREAS, Subdivider and the City of Grand Island, hereinafter called City, are parties to the Subdivision Agreement for McCoy Meadows Subdivision in the City of Grand Island, Hall County Nebraska, recorded as Document No. 201905690 in the office of the Hall County Register of Deeds, hereinafter called the Agreement; and WHEREAS, Subdivider and City desire to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants set forth below, City and Subdivider amend the Agreement to replace Paragraph 9 Design and Construction and Paragraph 11 Landscaping with the following: 9. Design and Construction. No building shall be constructed except within the Building Envelope Areas as defined on the Development Plan (Exhibit "A"). The buildings to be constructed shall be consistent with the designs approved with the development plan to include Grand Island Council Session - 4/26/2022 Page 109 / 188 four single family detached homes on Lots 1 through 4 of Block 1 and duplex units on the remaining lots generally as shown in the attached elevations and floor plans. No portion of any building constructed (including architectural features) shall exceed a height of 35 feet above the center of the street at the midpoint of the front property line. Roof eaves may comply with §36- 26 Projections from Buildings and project outside of the building envelope and into the buffer yard. 11. Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island. The Subdivider shall install and maintain landscaping at its own expense. Thirty foot landscape buffers shall be maintained south of McCoy Lane on Outlot A and on the west side of Lots 1-4 of Block 1 adjacent to Ebony Lane. A ten foot landscape buffer with a 6 foot fence or shrubbery shall be maintained along the west side of Lots 5-8 Block 1, at the north end of Outlot A adjacent to the end of Brandie Lane and north of Lots 1- 4 of Block 2. No buildings or other structures shall be permitted outside of the building envelopes in a manner that encroaches into the required landscape buffer, except for roof eaves in compliance with §36-26 Projections from Buildings of the Grand Island City Code. 2. 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 Outlot A and any Lot shall be responsible to perform any of the conditions in this agreement if the Subdivider has not performed such conditions. Grand Island Council Session - 4/26/2022 Page 110 / 188 Dated _____________________, 2022. DANA POINT DEVELOPMENT CORPORATION, a Wyoming Corporation, Subdivider By: ____________________________________ Matthew Thomas, President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew Thomas, President of Dana Point Development, a Wyoming Corporation, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of Dana Point Development Corporation. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Grand Island Council Session - 4/26/2022 Page 111 / 188 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 _________________________, 2022, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2022-____, 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 - 4/26/2022 Page 112 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-109 WHEREAS know all men by these presents, that Dana Point Development Corporation, A Wyoming Corporation, being the owners of the land described as Block 1 Lots 1 through 8, Block 2 Lots 1 through 12, Block 3 Lots 1 through 14, Block 4 Lots 1through 14 and Outlot A of McCoy Meadows Subdivision in the City of Grand Island, Hall County, Nebraska and wish to amend the Subdivision Agreement WHEREAS, a copy of the plat of such subdivision has been approved and filed with the Hall County Register of Deeds along with the original subdivision agreement; and WHEREAS, an amendment to such 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 amendment to 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 and that the City Clerk is authorized to file said agreement with the Hall County Register of Deed - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 113 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-9 #2022-110 - Approving Acquisition of Utility Easement - 3732 W. Husker Highway (Innate Development 2, LLC) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 114 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-110 WHEREAS, a public utility easement is required by the City of Grand Island from Innate Development 2, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines; and WHEREAS, a public hearing was held on April 26, 2022, for the purpose of discussing the proposed acquisition of a Ten (10.0) foot wide easement and right-of-way tract located through a part of Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4), of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th PM and through a part of Outlot A, Legacy 34 First Subdivision, in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: TRACT 1 (EXHIBIT A) Commencing at the Southeast corner of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th PM, in the City of Grand Island, Hall County, Nebraska; thence on an assumed bearing of N00°02’37”E, along the West line of said Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4), a distance of sixty and nine hundredths (60.09) feet to a point on the North line of an existing twenty (20.0) foot wide Utility Easement as described in Instrument #96-103765, recorded in the Hall County Register of Deeds Office, Grand Island, Nebraska, said point also being the ACTUAL Point of Beginning; thence continuing N00°02’37”E along said West line of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4), a distance of ten (10.0) feet; thence N89°08’25”E, a distance of one thousand one hundred and seven (1,107) feet to a point on the West line of Legacy 34 First Subdivision; thence S02°27’17”E along said West line of Legacy 34 First Subdivision, a distance of ten (10.0) feet to a point on the said North line of and existing twenty (20.0) foot wide Utility Easement; thence S89°08’25”W, along said North line of an existing twenty (20.0) foot wide Utility Easement, a distance of one thousand one hundred seven and forty-three hundredths (1,107.43) feet to the Point of Beginning. TRACT 2 (EXHIBIT B) Commencing at the Southwest corner of Outlot A, Legacy 34 First Subdivision in the City of Grand Island, Hall County, Nebraska; thence on an assumed bearing of N02°27’17”W, along the West line of said Outlot A, a distance of fifteen and one hundredth (15.01) feet to the North line of an existing twenty (20.0) foot wide Utility Easement as described in Instrument #96-103765, recorded in the Hall County Register of Deeds Office, Grand Island, Nebraska, said point also being the ACTUAL Point of Beginning; thence continuing N02°27’17”W, along said West line of Outlot A, a distance of ten (10.0) feet; thence N89°08’25”E a distance of two hundred twenty-two and twelve hundredths (222.12) feet to a Grand Island Council Session - 4/26/2022 Page 115 / 188 - 2 - point on the East line of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th PM; thence S00°15’06”E along said East line of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4), a distance of ten (10.0) feet to a point on said North line an existing twenty (20.0) foot wide Utility Easement; thence S89°08’25”W, along the said North line of an existing twenty (20.0) foot wide Utility Easement, a distance of two hundred twenty-one and seventy-three hundredths (221.73) feet to the Point of Beginning. The above-described easements and right-of-way containing a combined total of .305 acres, more or less, as shown on the plats dated 3/3/2022, marked Exhibit "A" and Exhibit “B” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Innate Development 2, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 116 / 188 N00°02'37"E 10.00'(M)N89°08'25"E 1107.00'(M)S02°27'17"E 10.00'(M)S89°08'25"W 1107.43'(M)N00°02'37"E60.09'(M)NO SCALELOCATION MAPSEC. 25, T11N, R10W021-02674PROJECT NO:DRAWN BY:3/3/2022DATE:LJWEXHIBITUTILITY EASEMENT1TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801Grand IslandCouncil Session - 4/26/2022Page 117 / 188 Grand Island Council Session - 4/26/2022 Page 118 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-10 #2022-111 - Approving Acquisition of Utility Easement - 5620 Quandt Rd Well #103 (Jared Leiser) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 119 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-111 WHEREAS, a public utility easement is required by the City of Grand Island from Jared W. Leiser, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines; and WHEREAS, a public hearing was held on April 26, 2022, for the purpose of discussing the proposed acquisition of a permanent and perpetual easement and right-of-way tract located through a part of the South Half of the Northeast Quarter (S1/2, NE1/4), of Section Twenty-Three (23), Township Twelve (12) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska, and more particularly described as follows: Commencing at the Northeast corner of the South Half of the Northeast Quarter (S1/2, NE1/4) of Section Twenty Three (23), Township Twelve (12) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska; thence westerly on an assumed bearing of N 88°06’43” W, along the North line of said South Half of the Northeast Quarter (S1/2, NE1/4), a distance of thirty-three and two hundredths (33.02) feet to a point on the westerly right-of-way line of Quandt Road, said point being the ACTUAL Point of Beginning; thence S 00°00’44” W, along westerly right-of-way line of said Quandt Road, a distance of fourteen and one hundredth (14.01) feet; thence N 88°06’43” W, a distance of one thousand three hundred six and ninety-eight hundredths (1,306.98) feet; thence N 01°53’42” E, a distance of nine (9.0) feet; thence N 88°06’43” W, a distance of one thousand three hundred and three and thirty-eight hundredths (1,303.38) feet to a point on the West line of said South Half of the Northeast Quarter (S1/2, NE1/4); thence N 00°19’28” W, along said West line of the said South Half of the Northeast Quarter (S1/2, NE1/4), a distance of five (5.0) feet to the Northwest corner of said South Half of the Northeast Quarter (S1/2, NE1/4); thence S 88°06’43” E, along North line of said South Half of the Northeast Quarter (S1/2, NE1/4), a distance of two thousand six hundred ten and ten hundredths (2,610.10) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of .57 acres, more or less, as shown on the plat dated 1/31/2022, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Jared W. Leiser, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 120 / 188 Grand IslandCouncil Session - 4/26/2022Page 121 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-11 #2022-112 - Approving PGS Coal Combustion Residual (CCR) Groundwater Services Task 19 with HDR Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 122 / 188 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:April 26, 2022 Subject:PGS - Coal Combustion Residual (CCR) Groundwater Services – Task 19 Presenter(s):Timothy G. Luchsinger, Utilities Director Background On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the final rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA). The rule became effective on October 19, 2015. In general, CCR compliance activities include publication of public information on the web, signage, groundwater sampling, and impoundment structural and safety assessment is required for the Platte Generating Station. Platte Generating Station personnel reviewed the regulations and determined consulting services were needed to meet the CCR Rule compliance schedule. HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska. Discussion On September 27th, 2016, Council Approved HDR Engineering to complete Tasks 1-4 to include ground water sampling, review of the Ash land fill closure plan, Post-closure plan, and Run on/run off control system plan for a cost not to exceed $86,290. On September 24, 2019, Council approved HDR Engineering to complete Tasks 5-9 to include groundwater sampling, fugitive dust control, alternative source demonstration (ASD) investigation, statistical analysis reporting, and preparation of a conceptual site model of the hydrologic and hydro-geochemical setting of the PGS Ash Landfill including evaluation of the results of the model for a cost not to exceed $189,960.00. On October 8, 2019, Council approved HDR Engineering to complete Task 10 to include preparation for the Title 132 Permit Renewal Application and amend the CCR Run-On and Run-Off Control System Plan for a cost not to exceed $39,970.00. On March 10, Grand Island Council Session - 4/26/2022 Page 123 / 188 2020, Council approved HDR Engineering to amend Task 10 to address and respond to NDEE regarding the Title 132 Permit Renewal Application revisions and amend the CCR Run-On and Run-Off Control system for an additional cost not to exceed $14,860.00. On October 8, 2019, Council approved HDR Engineering to complete Task 11 for the CCR 2019 Annual Landfill Inspection and Fugitive Dust Control Reporting for a cost not to exceed $12,990.00. On November 26, 2019, Council approved HDR Engineering to complete Task 12 to meet the next phase of the CCR Rule for finalizing the Assessment of Corrective Measures (ACM) and update the CCR Groundwater Certifications including the upgradient well MW-10, Task 12 for a cost not to exceed $16,600.00. On March 10, 2020, Council approved HDR Engineering to complete Task 13 for the CCR Groundwater Monitoring and Reporting, including semi-annual Groundwater Sampling for the First and Second half of 2020, and the 2020 Spring and Fall Groundwater Reports for a cost not to exceed $47,100.00. On June 23, 2020, Council approved HDR Engineering to complete Task 14 for the Site Investigation services for the detection of contaminants at an increased level for a cost not to exceed $25,900.00. On August 11, 2020, Council approved HDR Engineering to complete Task 15 for the CCR Groundwater Services-NDEE Meeting and Corrective Action for the NDEE Meeting and Corrective Action and Monitoring Plan following the ACM report for a cost not to exceed $35,600.00. On September 22, 2020, Council approved HDR Engineering to complete Task 16 for the CCR 2020 Annual Landfill Inspection, Fugitive Dust Control Reporting, and initial Generation and Utilization Report for a cost not to exceed $13,310.00. On March 9, 2021, Council approved HDR Engineering to complete Task 17 for the CCR 2021 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2021, and the 2021 Spring and Fall Groundwater reports for a cost not to exceed $39,900.00. On December 28, 2021, Council approved HDR Engineering to complete Task 18 for the CCR Annual Landfill Inspection, Fugitive Dust Control report and the annual CCR generation and utilization report for a cost not to exceed $13,580.00. Task 19 is being presented for the CCR 2022 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2022, and the 2022 Spring and Fall Groundwater Reports. Task 19 is being presented for a cost not to exceed $40,000.00. Grand Island Council Session - 4/26/2022 Page 124 / 188 To ensure the same high quality and consistency for these next phases of the CCR Rule 257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with these tasks. HDR is providing state-wide consistency across the state of Nebraska with the NDEE. In accordance with City procurement code, plant staff recommends that the Council authorize HDR Engineering continue their services as the Consulting Engineer for the Platte Generating Station CCR requirements. 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 authorize HDR Engineering, Inc of Omaha, Nebraska, for providing Engineering services to meet the Coal Combustion Residuals program CCR Groundwater Services – Task 19 for a fee not to exceed $40,000.00. Sample Motion Move to authorize HDR Engineering, Inc, of Omaha, Nebraska for providing Engineering Services for the Platte Generating Station CCR Groundwater Services –Task 19 for a fee not to exceed $40,000.00. Grand Island Council Session - 4/26/2022 Page 125 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 1 TASK ORDER 19 This Task Order pertains to an Agreement by and between the City of Grand Island, NE (CITY), (“OWNER”), and HDR Engineering, Inc. (HDR), (“ENGINEER”), per the January 5, 2018 Master Services Agreement, (“the Agreement”). Engineer shall perform services on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NUMBER: 19 PROJECT NAME: CCR 2022 Groundwater Monitoring & Reporting PART 1.0 PROJECT DESCRIPTION: The intent of the Scope of Services is to conduct the 2022 annual groundwater sampling, statistical analysis, and reporting required by the Environmental Protection Agency’s (EPA) coal combustion residuals (CCR) rule [40 CFR, Part 257] and the Nebraska Department of Environment and Energy (NDEE) Title 132 permit, for the Ash Landfill (CCR unit) at the Platte Generating Station (PGS). Statistically significant increases (SSIs) were detected for boron at MW-3 during verification sampling completed July 31, 2018. An Alternate Source Determination (ASD) evaluation was conducted for the published SSI (dated November 14, 2018) at which point an additional upgradient monitoring well (MW-10) and nine downgradient delineation wells (MW-11 through MW-19) were installed. The ASD evaluation, submitted in the 2018 annual report, confirmed the SSI for the PGS Ash Landfill based on the data available at that time, and the City initiated an assessment monitoring program within the 90-day period specified in 40 CFR §257.95. As a result of entering the assessment monitoring program, groundwater protection standards (GWPS) were established for Appendix IV constituents. During the spring 2019 semiannual sampling event, a statistically significant level (SSL) above the GWPS for cobalt was detected in monitoring well MW-3. The City conducted an ASD (dated October 31, 2019) which included statistical re-analysis of background threshold values (BTVs) with the inclusion of upgradient monitoring well MW-10 and analysis of stormwater samples from within the landfill. Results of the ASD indicated the cobalt concentrations at MW-3 are partially due to spatial variation of naturally existing concentrations, potential upgradient source, and natural cobalt bound to the soil matrix into the surrounding grassland area. Concurrent with the ASD, the City initiated an assessment of remedial measures by characterizing the nature and extent of cobalt at the site and completing an assessment of corrective measures report (dated January 12, 2020). Additional site investigations and monitoring occurred in 2020 with the supplementary data summarized in a Nature and Extent Report Addendum (dated September 24, 2020). A public hearing was held on July 8, 2021 for the remedial options, followed by completion of the Selection of Remedy Report (dated October 18, 2021). In 2022, the eight wells in the CCR/Title 132 groundwater monitoring network will continue to be sampled semiannually, in accordance with the assessment monitoring program requirements (40 CFR §257.96(b)) and the Selection of Remedy long-term monitoring. The scope of services proposed herein continues HDR’s groundwater monitoring and reporting program to complete the 2022 semiannual groundwater sampling, annual groundwater statistical analysis, and reporting required by the EPA’s CCR rule and the NDEE Title 132 permit for the PGS Ash Landfill. The groundwater reporting will follow the current Title 132 sampling and analysis plan (SAP) and the CCR monitoring well network certification. Our understanding of task objectives, activities, deliverables, key assumptions, and approaches that HDR will use to complete the work is described below. PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE PROJECT: Services to be performed by HDR will include the following activities: Task 19-100 – Groundwater Field Sampling 1. HDR will conduct groundwater sampling for the analysis of CCR rule Appendix III & Appendix IV constituents at the existing CCR Unit. Groundwater sampling will include two (2) separate sampling events (anticipated to occur in April 2022 and October 2022). During each sampling event, CCR network monitoring wells will be sampled for a total of eight (8) monitoring wells, one (1) duplicate sample, and one Grand Island Council Session - 4/26/2022 Page 126 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 2 (1) field blank sample. This will result in a total of 10 samples analyzed each semiannual sampling event. Two (2) additional samples have been included within this Task Order for stormwater samples. The stormwater samples will be collected by City staff when deemed appropriate. Analytical costs and coordination with the City have been included in this Task Order. The spring and fall sampling events are anticipated to take one (1) field personnel one (1) field day to complete and will include the following activities:  Contact City one to two weeks in advance to schedule the event, discuss site access and other matters that need to be addressed and coordinate with the laboratory for sample container delivery.  Complete internal quality control review with field sampling team. Review will include list of supplies/equipment, Health and Safety Plan, the current SAP, and field procedures.  Collect the sample bottles, coolers, and field equipment required. Set up rental for groundwater pump and water quality meter. Purchase necessary disposable tubing and sampling supplies. Review sample bottles and equipment to assure adequate materials are available for the sampling activities.  At each well planned for monitoring, the protective casings, well caps, ID labels, and locks will be inspected for integrity. Deficiencies will be documented and reported to the City.  Collection of static water level and bottom of well casing measurements will be obtained from each of the monitoring wells being sampled and from each delineation well.  Field measurements of temperature, pH, specific conductivity, turbidity, dissolved oxygen, and oxidation-redox potential will be collected during purging of each well. Purging and sampling data will be recorded using a groundwater sampling data form. The form will be completed for each well.  Water level measurements will be collected at each monitoring well, including those not sampled.  Groundwater samples will be shipped to laboratory for analyses.  The parameters to be included in the analyses are Appendix III (detection Monitoring constituents) and Appendix IV (assessment monitoring constituents) of the federal CCR Rule at each monitoring well. Task Deliverables:  None anticipated Planned Meetings: None anticipated. Key Understandings: 1. Groundwater sampling will be completed by HDR personnel with a current Nebraska water well monitoring technician (WWMT) license. Task 19-200 – 2022 Spring Reporting Objective: Evaluate assessment monitoring data collected during the first 2022 semi-annual sampling event in accordance with 40 CFR §257.96(b) and NDEE Title 132, Chapter 7, Section 005.02 to determine if the PGS Ash Landfill has continued exceedances for existing Appendix IV SSLs above the GWPS or if additional SSLs are detected. HDR Activities: HDR will analyze the existing CCR monitoring well data collected as part of the first 2022 semiannual sampling event at the PGS Ash Landfill. Analysis of the data will include the following activities: 1. Upon receiving the laboratory analytical results for the spring 2022 semiannual assessment monitoring event, HDR will review the data, update the facility’s database, summarize the sampling event, and perform statistical analysis of the groundwater data in accordance with the facility’s most recent SAP and CCR Statistical Method Certification for inclusion in: Grand Island Council Session - 4/26/2022 Page 127 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 3  NDEE Title 132 Semiannual Groundwater Monitoring Report.  A technical memorandum with the results of the statistical analysis for assessment monitoring program requirements (40 CFR §257.96(b)) and the Selection of Remedy long-term monitoring will be provided to the City and will be included in the Annual CCR Report. The CCR Rule requires an Annual Groundwater Monitoring & Corrective Action Report; therefore, a CCR report will not be completed for the spring 2021 sampling event.  CCR Rule notification letter, if necessary, to be placed in the operating record and on the owner or operator’s publicly accessible internet site. The notification letter will be developed, as required by the CCR rule, if a new SSL above the GWPS is detected during the spring 2022 sampling event for any Appendix IV constituents at the certified groundwater monitoring system for the PGS Ash Landfill. 2. HDR will complete a draft of the NDEE Title 132 Semiannual Groundwater Monitoring Report and provide to the City for review and comment. Comments will be incorporated into the report and final copy will be provided to the City for placement in their operating record (not to be posted to the facility’s publicly accessible internet site). The Title 132 Semiannual Groundwater Monitoring Report will be submitted to NDEE (by HDR on behalf of the City, unless otherwise requested). 3. HDR will provide copies of notification letters required by the CCR Rule. Notification letters will be prepared in accordance with 40 CFR §257.106. Notifications may include but are not limited to: notification identifying constituents in Appendix IV that were detected statistically above the GWPS (and not previously identified in prior notifications); notification of an ASD evaluation; and notification to the NDEE of placement of information in the operating record and on the publicly accessible website. 4. HDR will develop a groundwater contour map for the spring 2022 sampling event to be included in the Title 132 Semiannual Groundwater Monitoring Report. Groundwater contours will include groundwater flow direction and an estimated flow velocity. Anticipated Meetings and Site Visits: It is anticipated that one (1) conference call will be held with the City and HDR to discuss results of the spring 2022 groundwater sampling event, and comments on the draft Title 132 Semiannual Groundwater Monitoring Report. Task Deliverables:  Draft Title 132 Semiannual Groundwater Monitoring Report for the City to review, submitted electronically.  Final Title 132 Semiannual Groundwater Monitoring Report (one (1) electronic copy and one (1) paper copy to the City (if requested); and electronic document submittal to NDEE Records Management).  Notification letter(s), if necessary, to be placed on City’s letterhead (for placement in the facility’s operating record and publicly accessible internet site). Key Understandings and Assumptions: 1. HDR will use the SANITASTM software package, by Sanitas Technologies, Inc., to provide the statistical analysis. Software renewal fees will be required for 2022 and have been included in this Task Order. 2. The NDEE Title 132 Semiannual Groundwater Monitoring Report will be completed by HDR’s qualified professional engineer for placement in the facility operating record. The report will be provided in both electronic format and paper copy to the City. HDR will submit the report to NDEE on behalf of the City (unless otherwise requested). HDR will electronically submit the report to NDEE that ensures receipt no later than August 1, 2022. 3. In the event notification letter(s) are required by the CCR rule, the draft notification letter will be provided in electronic format to the City. The City will place the notification on the City’s letterhead prior to placement in operating record and posting to the operator’s publicly accessible internet site. 4. Pending the results of the spring 2022 groundwater sampling event and statistical analysis, verification sampling and reporting may be required. This Task Order does not include verification sampling. If necessary, an amendment to the scope and fee will be submitted to the City. Grand Island Council Session - 4/26/2022 Page 128 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 4 5. The scope of this work does not include an ASD or reporting requirements specified under the Corrective Action Monitoring Program in the CCR rule and the NDEE Title 132. In the event a formal ASD or Corrective Action Monitoring reporting is required, an amendment to the scope and fee will be provided to the City. Task 19-300 – 2022 Fall Reporting Objective: Evaluate assessment monitoring data collected during the second 2022 semi-annual sampling event in accordance with 40 CFR §257.96(b) and NDEE Title 132, Chapter 7, Section 005.02 to determine if the PGS Ash Landfill has continued exceedances for existing Appendix IV SSLs above the GWPS or if additional SSLs are detected. HDR Activities: HDR will analyze the existing CCR monitoring well data collected as part of the second 2022 semiannual sampling event at the PGS Ash Landfill. Analysis of the data will include the following activities: 1. Upon receiving the laboratory analytical results for the fall 2022 semiannual assessment monitoring event, HDR will review the data, update the facility’s database, summarize the sampling event, and perform statistical analysis of the groundwater data in accordance with the facility’s most recent SAP and CCR Statistical Method Certification for inclusion in:  the Annual Groundwater Monitoring & Corrective Action Report, as required by the CCR rule; and  NDEE Title 132 Semiannual Groundwater Monitoring Report. 2. HDR will complete a draft of the Annual Groundwater Monitoring & Corrective Action Report and provide to the City for review and comment. Comments will be incorporated into the report and final copy will be provided to the City for placement in the operating record and on the facility’s publicly accessible internet site. 3. HDR will complete a draft of the NDEE Title 132 Groundwater Monitoring Report and provide to the City for review and comment. Comments will be incorporated into the report and final electronic copy will be provided to the City. HDR will submit the report to NDEE on behalf of the City (unless otherwise requested). 4. HDR will provide copies of notification letters required by the CCR Rule. Notification letters will be prepared in accordance with 40 CFR §257.106. Notifications may include but are not limited to: notification identifying constituents in Appendix IV that were detected statistically above the GWPS (and not previously identified in prior notifications); notification of an ASD evaluation; and notification to the NDEE of placement of information in the operating record and on the publicly accessible website. 5. HDR will develop a groundwater contour map for the fall 2022 sampling event to be included in the Title 132 Semiannual Groundwater Monitoring Report. Groundwater contours will include groundwater flow direction and an estimated flow velocity. Anticipated Meetings and Site Visits: It is anticipated that one (1) conference call will be held with the City and HDR to discuss results of the second 2022 semi-annual sampling event, and the City’s comments on the draft Title 132 Semiannual Groundwater Monitoring Report and the CCR Annual Groundwater Monitoring & Corrective Action Report. Task Deliverables:  Draft Title 132 Semiannual Groundwater Monitoring Report for the City’s review, submitted electronically.  Final Title 132 Semiannual Groundwater Monitoring Report (one (1) electronic copy and one (1) paper copy to the City (if requested); and electronic document submittal to NDEE Records Management).  Draft CCR Annual Groundwater Monitoring & Corrective Action Report for the City’s review, submitted electronically. Grand Island Council Session - 4/26/2022 Page 129 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 5  Final CCR Annual Groundwater Monitoring & Corrective Action Report (one (1) electronic copy and one (1) paper copy to the City (if requested)).  Notification letter(s), if necessary, to be placed on City’s letterhead (for placement in the facility’s operating record and publicly accessible internet site). Key Understandings and Assumptions: 1. The NDEE Title 132 Semiannual Groundwater Monitoring Report will be completed by HDR’s qualified professional engineer for placement in the facility operating record. The report will be provided in electronic format. HDR will submit the report to NDEE on behalf of the City (unless otherwise requested). HDR will electronically submit the report to NDEE at a date which ensures receipt no later than February 1, 2023. 2. In the event notification letter(s) are required by the CCR rule, the draft notification letter will be provided in electronic format to the City. The City will place the notification on the City’s letterhead prior to placement in operating record and posting to the operator’s publicly accessible internet site. 3. The Annual Groundwater Monitoring & Corrective Action Report will be completed by HDR’s qualified professional engineer for placement in the facility operating record. The City will place in their operating record the final version of the Annual Groundwater Monitoring & Corrective Action Report no later than January 31, 2023. 4. The City will post the final version of the Annual Groundwater Monitoring & Corrective Action Report to the facility’s publicly accessible internet site no later than 30 days after placement in the operating record (by March 2, 2023). 5. Pending the results of the spring 2022 and/or fall 2022 groundwater sampling events and statistical analyses, verification sampling and reporting may be required. This Task Order does not include verification sampling. If necessary, an amendment to the scope and fee will be submitted to the City. 6. The scope of this work does not include an ASD or reporting requirements specified under the Corrective Action Monitoring Program in the CCR rule and the NDEE Title 132. In the event a formal ASD or Corrective Action Monitoring reporting is required, an amendment to the scope and fee will be provided to the City. PART 3.0 OWNER’S RESPONSIBILITIES: 1. The City will provide access to the site related to the PGS Ash Landfill. 2. The City will place reports and documents in the facility operating record. 3. The City will post the 2022 Annual Groundwater Monitoring & Corrective Action Report on their CCR website within 30 days of placing report in the facility operating record. 4. The City will place draft notification on City letterhead, finalize, sign, and submit notification to NDEE that the 2022 Annual Groundwater Monitoring & Corrective Action Report was placed in operating record and posted to the CCR website. PART 4.0 PERIODS OF SERVICE: Services associated with this project will commence upon Notice to Proceed from the City of Grand Island. The schedule outlined below is proposed by HDR based on anticipated approval by April 1, 2022. CCR 2022 Groundwater Monitoring & Reporting Start Date End Date Contract Award April 2022 Task 19-100 – Groundwater Sampling 1st Semi-Annual Groundwater Sampling Event (completed by HDR) April 2022 April 2022 2nd Semi-Annual Groundwater Sampling Event (completed by HDR) October 2022 October 2022 Stormwater Sampling Event(s) (completed by the City) TBD TBD Grand Island Council Session - 4/26/2022 Page 130 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 6 CCR 2022 Groundwater Monitoring & Reporting Start Date End Date Task 19-200 – 2022 Spring Reporting Statistical Analysis & Draft Title 132 Groundwater Report to the City May 2022 June 2022 Final Title 132 Groundwater Report to the City July 2022 July 2022 HDR to Submit Final Title 132 Groundwater Report to NDEE No later than August 1, 2022 Notification Letter(s), as necessary TBD TBD Task 19-300 – 2022 Fall Reporting Statistical Analysis & Draft Title 132 & CCR Annual Groundwater Reports to the City Nov. 2022 Jan. 2023 Final Title 132 & CCR Annual Groundwater Reports to the City Jan. 2023 Jan. 2023 City to Place CCR Annual Report in Operating Record No later than January 31, 2023 City to Place CCR Annual Report on CCR website No later than March 2, 2023 HDR to Submit Final Title 132 Groundwater Report to NDEE No later than February 1, 2023 Notification Letter(s), as necessary TBD TBD PART 5.0 PAYMENTS TO ENGINEER: Compensation for these Services shall be on a per diem basis with an agreed maximum amount of Forty Thousand dollars ($40,000). The following table contains a breakdown of the estimated fee by task for this project. Task Description Estimated Total Fee Task 19-100 Groundwater Field Sampling (2 Events) $16,000 Task 19-200 2022 Spring Reporting $10,000 Task 19-300 2022 Fall Reporting $14,000 TOTALS $40,000 Per Diem shall mean an hourly rate equal to Direct Labor Cost times a multiplier of 3.2 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, meals, equipment rental and field supplies, subconsultants, subcontractors, technology charge, telephone, telex, shipping and express, and other incurred expenses. HDR will add ten percent (10%) to invoices received by HDR from subconsultants and subcontractors to cover supervision, administrative, and insurance expenses. Eurofins TestAmerica will be the contracted subcontractor for laboratory services. Grand Island Council Session - 4/26/2022 Page 131 / 188 City of Grand Island & HDR Master Agreement Task Order 19 – Page 7 This Task Order is executed this __________ day of ____________________, 2022. CITY OF GRAND ISLAND, NE HDR ENGINEERING, INC. “OWNER” “ENGINEER” BY: BY: NAME: NAME: Matthew B. Tondl TITLE: TITLE: Senior Vice President ADDRESS: ADDRESS: 1917 S 67th St Omaha, NE 68106 Grand Island Council Session - 4/26/2022 Page 132 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-112 WHEREAS, the U.S. Environmental Protection Agency’s Rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA) became effective on October 19, 2015; and WHEREAS, personal at the Platte Generating Station reviewed the regulations and determined consulting services were needed to meet the CCR Rule Compliance schedule, and HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska; and WHEREAS, on September 27, 2016, Council approved HDR Engineering to complete task 1-4 to include ground water sampling, review of the Ash Landfill Closure Plan, Post-closure Plan, and Run-on/run-off Control System Plan at a cost not to exceed $86,290.00; and WHEREAS, on September 24, 2019, Council approved HDR Engineering to complete Tasks #5-9 to allow compliance with the CCR Rule at an amount not to exceed $189,960.00; and WHEREAS, on October 8, 2019, Council approved HDR Engineering to complete Task 10 to include preparation for the Title 132 Permit Renewal Application and amend the CCR Run-On and Run-Off Control System Plant at a cost not to exceed $39,970.00; and Task 11 for the CCR 2019 Annual Landfill Inspection and Fugitive Dust Control Reporting at a cost not to exceed $12,990.00; and WHEREAS, on November 26, 2019, Council approved HDR Engineering to completed Task 12, upgradient Well MW-11, at a cost not to exceed $16,660.00; and WHEREAS, to ensure continued preparation and to address and respond to NDEE regarding the Title 132 Permit Renewal Application revisions and amend the CCR Run-on and Run-off Control System, Task 10-300, it is recommended that HDR Engineering continue with these tasks. Task 10-300 is being presented at a cost not to exceed $14,860.00; and WHEREAS, on March 10, 2020, Council approved Task 13 for the CCR Groundwater Monitoring and Reporting which included semi-annual Groundwater Sampling for the first and second half of 2020, and the 2020 Spring and Fall Groundwater Reports at a cost not to exceed $47,100.00; and WHEREAS, on June 23, 2020, Council approved HDR Engineering to complete Task 14 for the Site Investigation Services for the detection of contaminants at an increased level at a cost not to exceed $25,900.00; and WHEREAS, on August 11, 2020, Council approved Task 15 for the CCR Groundwater Services – NDEE Meeting and Corrective Action and Monitoring Plan following the ACM report at a cost not to exceed $35,600.00; and Grand Island Council Session - 4/26/2022 Page 133 / 188 - 2 - WHEREAS, on September 22, 2020, Council approved Task 16 for the CCR Groundwater Services for the CCR Annual Landfill Inspection, Fugitive Dust Control Reporting, and initial Generation and Utilization Report for a cost not to exceed $13,310.00; and WHEREAS, on March 9, 2020, Council approved Task 17 for the CCR 2021 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2021, and the 2021 Spring and Fall Groundwater Reports at a cost not to exceed $39,900.00; and WHEREAS, on December 28, 2021, Council approved HDR Engineering to complete Task 18 for the CCR Annual Landfill Inspection, Fugitive Dust Control report and the annual CCR generation and utilization report for a cost not to exceed $13,580.00; and WHEREAS, Task 19 is being presented for the CCR 2022 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2022, and the 2022 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00; and WHEREAS, to ensure the same high quality and consistency for these next phases of the CCR Rule 257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with Task 19 for the 2022 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2022, and the 2022 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that HDR Engineering is authorized to continue with Task 19 associated with the CCR Rule and NDEE Title 132 in an amount not to exceed $40,000.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _____________________________ Roger G. Steele, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 134 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-12 #2022-113 - Approving Electric Utility Integrated Resource Plan This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 135 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-113 WHEREAS, the Utility Department has been a long-term customer of the Western Area Power Agency and one of the conditions of being a customer is that the utility must develop an Integrated Resource Plan (IRP) of its system every five years, including public notice and participation; and WHEREAS, an IRP was presented to Council at the April 12, 2022 meeting and a public hearing was held at the April 26, 2022 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Electric Utility Integrated Resource Plan is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 136 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-13 #2022-114 - Approving Renewal of Coal Market Services with Western Fuels Association Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 137 / 188 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:April 26, 2022 Subject:Approving Renewal of Coal Market Services with Western Fuels Association Presenter(s):Timothy G. Luchsinger, Utilities Director Background On June 12, 2012, Council approved an agreement with Western Fuels Association (WFA), a not-for-profit cooperative formed by public power utilities, to provide coal and freight management services. Nebraska members include Nebraska Public Power District, Lincoln Electric System, and Fremont Utilities. To provide fuel management services, WFA requires Grand Island to become a Class “C”, or non-voting member, and pay an annual fee as provided for in the separately attached confidential agreement. This fee is approximately 0.15% of the delivered coal cost to Platte Generating Station. The fuel management services include soliciting coal that meets Platte Generating Station’s requirements as part of their bulk solicitation for their other members and providing a recommended purchase agreement meeting the procurement policies of the City. The final agreement is a contract negotiated between the City and the coal supplier and presented for consideration by Council. Upon approval of the coal supply contract, WFA also manages scheduling of coal deliveries with plant staff, the coal supplier, and the railroad. Discussion Western Fuels Association has a full-time professional staff that monitors coal market conditions and tests the market several times a year with multi-million ton solicitations. The Utilities Department requires around 350,000 tons of coal per year and can be in a position to obtain more favorable coal pricing by being included in these large transactions, which would allow our electric rates to remain competitive with regional power producers. The current agreement expires on June 11, 2022, and the Utilities Department recommends that the Mayor be authorized to execute the Second Amendment to the Grand Island Council Session - 4/26/2022 Page 138 / 188 Services Agreement with Western Fuels Association of Northglenn, CO, for fuel management services, which renews the existing agreement to June 12, 2025. 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 presented in this motion. Recommendation City Administration recommends that the Council authorize the Mayor to execute the Second Amendment to Services Agreement with Western Fuels Association of Northglenn, Colorado, for fuel management services. Sample Motion Move to authorize the Mayor to execute the Second Amendment to Services Agreement with Western Fuels Association of Northglenn, Colorado, for fuel management services. Grand Island Council Session - 4/26/2022 Page 139 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-114 WHEREAS, on June 12, 2012, Council approved an agreement with Western Fuels Association (WFA) to provide coal and freight management services, which puts the Utilities Department in a position to obtain more favorable coal pricing and in turn allow our electric rates to remain competitive; and WHEREAS, the current agreement expires on June 11, 2022; and WHEREAS, the Second Amendment to the Services Agreement with Western Fuels Association would renew the existing agreement to June 12, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Second Amendment to the Services Agreement with Western Fuels Association 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, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 140 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-14 #2022-115 - Approving Termination Agreement with Prairie Hills Wind, LLC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/26/2022 Page 141 / 188 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:April 26, 2022 Subject:Approving Termination Agreement with Prairie Hills Wind, LLC Presenter(s):Timothy G. Luchsinger, Utilities Director Background On January 24, 2017, the City of Grand Island entered into a Power Purchase Agreement (PPA) with Prairie Hills, LLC, for a share of the Prairie Hills Wind Project being developed in Custer County. The project originally had a Commercial Operation Date (COD) of July 1, 2019, but due to delays in the interconnection agreement process with the Southwest Power Pool, this COD was extended to December 1, 2021 and then to December 1, 2022. Discussion The interconnection agreement with SPP and the Prairie Hills Wind Project is dependent on the final construction of a large transmission project being done by the Nebraska Public Power District. The transmission project has been subject to ongoing litigation and the current timeline of Prairie Hills is for operation in 2026 or 2027, assuming all contingencies and conditions are addressed by SPP. Due to these uncertainties, Prairie Hills has offered to terminate the PPA with the attached agreement which includes a termination payment of $200,000 to the City. Department management and City administration and legal have reviewed this agreement and concur that it is in the mutual interests of both parties to terminate the PPA. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee. 3.Postpone the issue to future date. Grand Island Council Session - 4/26/2022 Page 142 / 188 4.Take no action on the issue presented in this motion. Recommendation City Administration recommends that the Council authorize the Mayor to execute the termination agreement with Prairie Winds, LLC. Sample Motion Move to authorize the Mayor to execute the termination agreement with Prairie Winds, LLC. Grand Island Council Session - 4/26/2022 Page 143 / 188 1 TERMINATION AGREEMENT THIS TERMINATION AGREEMENT (“Agreement”), is made as of the 27th day of April, 2022, by and among Prairie Hills Wind, LLC (“Prairie Hills” or “Seller”) and the City of Grand Island, Nebraska doing business as City of Grand Island, a municipal corporation and City of the First Class organized and existing pursuant to Neb. Rev. Stat. §§16-101 et seq., and under the laws of the State of Nebraska (“Grand Island”). WITNESSETH: WHEREAS, Prairie Hills and Grand Island are parties to a Power Purchase Agreement dated January 24, 2017, as amended (collectively, the “PPA”); and WHEREAS, since June 27, 2018, Prairie Hills provided Grand Island with a Notice of Force Majeure related to delays associated with the Southwest Power Pool (SPP) process for interconnection and SPP’s inability to meet tariff-defined timelines for interconnection of the Project, which has caused considerable delay, a delay which has been further exacerbated by Covid 19 pandemic, and several contingencies or conditions remain at SPP before the wind project could ever become operational, such that a currently projected timeline for operation of the project would be in 2026 or 2027, and that assumes that all such contingencies or conditions are cleared or addressed by SPP. WHEREAS, given the extensive delays and uncertainty surrounding the development of the project, Prairie Hills desires to make a termination proposal to Grand Island that would include a termination payment from Prairie Hills to Grand Island in the amount of Two Hundred Thousand Dollars ($200,000.00) in return for a termination of the PPA. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: 1.Termination of PPA. Prairie Hills and Grand Island agree to terminate, by mutual agreement, the PPA effective as of April 27, 2022 (the “Termination Date”) in return for a termination payment in the amount of Two Hundred Thousand Dollars ($200,000.00), such payment to be made within fifteen days of the execution of this Agreement. Grand Island and Prairie Hills are each released and discharged from further obligations to each other with respect to the PPA and their respective rights against each other thereunder are terminated effective as of the Termination Date, and any posted Grand Island Default Security or Seller Default Security will be promptly returned to each party, respectively no later than fifteen days of the execution of this Agreement. 2.Representations and Warranties. Each party hereto represents and warrants to each of the other parties hereto as follows: (a) Such party is a corporation duly organized and validly existing under the laws of the state of its incorporation and has the full legal right, power and authority to conduct its business, to own its properties and to execute, deliver and perform its obligations under this Agreement. Grand Island Council Session - 4/26/2022 Page 144 / 188 (b) This Agreement constitutes legal, valid and binding obligations of such party and are enforceable against such party in accordance with their terms. (c) The promises, covenants and agreements of such party expressly set forth in this Agreement constitute the only consideration given by such party for the promises, covenants and agreements of the other parties expressly set forth in this Agreement. 3.Miscellaneous. This Agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Capitalized terms used in this Agreement shall have the meaning identified in the PPA. This Agreement may not be amended or modified in any manner whatsoever, except in a writing signed by all of the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to conflict of Law principles. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST THE CITY OF GRAND ISLAND, NEBRASKA DOING BUSINESS AS CITY OF GRAND ISLAND Name: Title: Name: Title: PRAIRIE HILLS WIND, LLC Name: Greg B. Hall Title: President Grand Island Council Session - 4/26/2022 Page 145 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-115 WHEREAS, on January 24, 2017, the City of Grand Island entered into a Power Purchase Agreement (PPA) with Prairies Hills, LLC for a share of the Prairie Hills Wind Project; and WHEREAS, the project originally had a Commercial Operation Date (COD) of July 1, 2019, but due to delays in the interconnection agreement process with the Southwest Power Pool (SPP), this COD was extended to December 1, 2021 and then to December 1, 2022; and WHEREAS, the interconnection agreement is dependent on the final construction of a large transmission project which has been subject to ongoing litigation, the current timeline of Prairie Hills is for operation in 2026 or 2027; and WHEREAS, due to these uncertainties, Prairie Hills has offered to terminate the PPA, which includes a termination payment of $200,00 to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Termination Agreement with Prairie Hills Wind, LLC is approved and the Mayor is hereby authorized to sign the agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 146 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-15 #2022-116 - Approving Purchase of Motorola CommandCentral Analytics Software under 5-year Contract for Police Department Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 4/26/2022 Page 147 / 188 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:April 26, 2022 Subject:Purchase of Motorola CommandCentral Analytics Software under 5-year contract. Presenter(s):Robert Falldorf, Police Chief Background The Police Department had been using a crime analytics software module for the past several years called Spillman Analytics through Lexis Nexis. Lexis Nexis has decided to shut down the Spillman Analytics module. Therefore, the Police Department will need to move to a new Spillman Analytics module, now called CommandCentral Investigate with an added feature called CommandCentral Community, which will allow for a more robust on-line reporting product. Discussion The new proposal from Motorola Solutions for CommandCentral Investigate and CommandCentral Community modules for the Police Department includes a 5-year contract at a total 5-year cost of $45,812.10, billed annually. The expiring Spillman Analytics module price is $7,599.42 annually. Therefore, we will see an increased cost of $1,563 per year for the 5-year life of the contract. Currently, the Spillman Analytics module is being paid for through the Hall County Interlocal Agreement and the recommendation is that the Police Department continue to pay for the new proposed Analytics product through the same County Interlocal Agreement. The CommandCentral Investigate and CommandCentral Community modules are offered as a sole source through Motorola Solutions only (See Sole Source letter) so no comparative pricing or competitive bidding was available for this product. 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 Grand Island Council Session - 4/26/2022 Page 148 / 188 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 Motorola Solutions CommandCentral Investigate and CommandCentral Community modules for the Police Department under a 5-year contract at a total price of $45,812.10, billed annually and paid for through the Hall County Spillman Interlocal Agreement. Sample Motion Move to approve the purchase of the Motorola Solutions CommandCentral Investigate and CommandCentral Community modules for the Police Department under a 5-year contract at a total price of $45,812.10, billed annually and paid for through the Hall County Spillman Interlocal Agreement. Grand Island Council Session - 4/26/2022 Page 149 / 188 March 15, 2022 Hall County /City of Grand Island Stephanie Gosda 100 East 1st Street City of Grand Island, Nebraska, 68801 RE: Sole Source Justification for CommandCentral Investigate and Community To whom it may concern: The city of Grand Island currently uses software provided by Motorola Solutions for its public safety operations. The police department plans to supplement this technology with the CommandCentral Investigate Interface with Lexus Nexus Analytics. The requested interface is developed and supported entirely by Motorola Solutions, Inc. As the sole owner and developer of the existing software solution in place at Grand Island PD, and as the sole owner and developer of the requested software and services that are proprietary to Motorola Solutions, it is recognized that there is no substitute vendor or product that can provide the integrated system offered by Motorola Solutions. Additionally, CommandCentral Community contains proprietary software developed and owned by Motorola. To provide complete software maintenance services for the products, another vendor would need access to Motorola’s proprietary software source code. No other vendor has access to Motorola source code and Motorola has not authorized any dealer or other party to obtain such access. Thank you for your continued support of Motorola. Let us know if we can provide any additional information. Sincerely, Caleb Jenson Account Sales Executive Motorola Solutions, Inc. Motorola, Inc., Public Safety Applications v 5/19/15 4625 West Lake Park, Blvd. Salt Lake City, UT 84120 Grand Island Council Session - 4/26/2022 Page 150 / 188 Grand Island Council Session - 4/26/2022 Page 151 / 188 Grand Island Council Session - 4/26/2022 Page 152 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-116 WHEREAS, the Police Department of the City of Grand Island had been using a crime analytics software module called Spillman Analytics that is expiring and will become obsolete; and WHEREAS, Spillman Analytics will be replaced by a new crime analytics software called CommandCentral Investigate and CommandCentral Community that the Police Department would like to purchase under a 5-year contract for a total price of $45,812.10, and WHEREAS, the purchase will be made through the Hall County Interlocal Agreement, which is where the expiring Spillman Analytics was paid for. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of crime analytics software modules for the Police Department called CommandCentral Investigate and CommandCentral Community at a 5-year contracted cost of $45,812.10 paid through the Hall County Interlocal Agreement is hereby approved. BE IS FURTHER RESOLVED, that the Mayor is here by authorized and directed to execute such grant on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 153 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-16 #2022-117 - Approving Purchase of Braun Type I Ambulance Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 4/26/2022 Page 154 / 188 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:April 26, 2022 Subject:Purchase Braun Type I Ambulance Presenter(s):Cory Schmidt, Russ Blackburn Background The Grand Island Fire Department maintains a fleet of seven ambulances. There are two ambulances at Stations 1, 2, and 4 and one ambulance at Station 3. Station 1 and 2 ambulances are staffed every day to respond to medical calls. If staffing allows, a third ambulance is placed in service at Station 4. If medical calls exceed the number of staffed ambulances, the crew from an engine company will transfer to a back-up ambulance and respond with advanced life support capability. This is possible because every engine company has a paramedic on it. During 2021, the highest number of ambulances we had out on calls simultaneously was five. Every month we hit multiple days that 3 to 4 ambulances are out at the same time. Those numbers do not take into account other units out on fire calls at the same time. Current economic conditions and supply chain issues have caused the delivery of a new ambulance from Braun Manufacturing to reach two years from date of order, and multiple price increases since our last ambulance purchase. With permission from the City Administrator and the Finance Director we bring this to City Council to approve a purchase of an ambulance that will likely be delivered in the 2023/2024 budget year, and paid for at that time. Ordering now saves our place in the production queue and prevents even longer delays. Discussion The purchase of an ambulance in the 2023/2024 budget for a budgeted amount of not more than $409,000. he Fire Department would like to replace a 2003 Ford type III ambulance. This will be our third purchase of a type I ambulance with 4x4 traction capabilities. The GIFD requests approval to purchase a 2024 Braun Chief XL Modular Ambulance on a 2024 Ford F550, 4X4, diesel chassis for not more than $409,000.00 from North Central Emergency Vehicles of Lester Prairie, Minnesota. The ambulance will be purchased through BuyHGAC so it is already pre-bid through them. The ambulance will be paid for Grand Island Council Session - 4/26/2022 Page 155 / 188 upon delivery. The ambulance will come prewired for our communications radio, an Opticom preemptive device, the Stryker Power-load/ Power cot, and GIFD graphics. These four things are usually additional expenses after the ambulance is delivered. An approval by Council will allow the GIFD to place the order and secure a spot in the production line. The ambulance purchase will also require approval as part of the fire department’s capital budget for the fiscal year when the ambulance is expected to be delivered which is anticipated as FY 2023-24. 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 2024 Braun Chief XL Modular Ambulance on a 2024 Ford F550, 4X4, diesel chassis for not more than $409,000.00 for use by the GIFD for emergency service use. Sample Motion Move to approve the purchase of the 2024 Braun Chief XL Modular Ambulance on a 2024 Ford F550, 4X4, diesel chassis for use by the GIFD for emergency service use. Grand Island Council Session - 4/26/2022 Page 156 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-117 WHEREAS, economics conditions have caused delays in delivery and price increases of a Braun Chief XL Modular Ambulance; and WHEREAS, the Fire Department needs to replace a 2003 ambulance to make the fleet of ambulances and emergency response more reliable; and WHEREAS, North Central Emergency Vehicles of Lester Prairie, Minnesota has submitted a cost through BuyHGAC for a 2024 Braun Chief XL Modular Ambulance on a 2024 Ford F550, 4X4, diesel chassis for not more than $409,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to purchase the 2024 Braun Chief XL Modular Ambulance on a 2024 Ford F550, 4X4, diesel chassis from North Central Emergency Vehicles of Lester Prairie, Minnesota for the price of not more than $409,000.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 157 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-17 #2022-118 - Approving Bid Award for Moores Creek Storm Sewer Improvements; Project No. 2021-D-2(B) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/26/2022 Page 158 / 188 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director- Engineering Meeting:April 26, 2022 Subject:Approving Bid Award for Moores Creek Storm Sewer Improvements; Project No. 2021-D-2(B) Presenter(s):John Collins PE, Public Works Director Background On March 18, 2022 the Engineering Division of the Public Works Department advertised for bids for Moore Creek Storm Sewer Improvements; Project No. 2021-D-2(B). The bid package for this project was sent to fifteen (15) potential bidders. This project consists of a detention cell on the southwest corner of Old Potash Highway and North Road. Discussion Three (3) bids were received and opened on April 12, 2022. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Mid Nebraska Land Developers, LLC of Aurora, NE None $146,420.35 Ramos Brothers of Grand Island, NE None $269,910.00 AMP Works, LLC of Grand Island, NE None $562,890.83 The bid of Mid Nebraska Land Developers of Aurora, Nebraska is considered fair and reasonable and is well below the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 4/26/2022 Page 159 / 188 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 Mid Nebraska Land Developers, LLC of Aurora, Nebraska in amount of $146,420.35. Sample Motion Move to approve the bid award. Grand Island Council Session - 4/26/2022 Page 160 / 188 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:April 12, 2022 at 2:00 p.m. FOR:Moores Creek Storm Sewer Improvements; Project No. 2021-D-2(B) DEPARTMENT:Public Works ESTIMATE:$250,000.00 FUND/ACCOUNT:40000400 PUBLICATION DATE:March 18, 2022 NO. POTENTIAL BIDDERS:15 SUMMARY Bidder:Mid Nebraska Land Developers, LLC AMP Works, LLC Aurora, NE Grand Island, NE Bid Security:United Fire & Casualty Co.Granite Re, Inc. Exceptions:None None Bid Price:$146,420.20 $562,890.83 Bidder:Ramos Brothers Grand Island, NE Bid Security:Farmington Casualty Co. Exceptions:None Bid Price:$269,910.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Coordinator Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, PW Engineer I P2369 Grand Island Council Session - 4/26/2022 Page 161 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-118 WHEREAS, the City of Grand Island invited sealed bids for Moores Creek Storm Sewer Improvements; Project No. 2021-D-2(B), according to plans and specifications on file with the Public Works Department; and WHEREAS, on April 12, 2022, bids were received, opened, and reviewed; and WHEREAS, Mid Nebraska Land Developers of Aurora, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $146,420.35; and WHEREAS, Mid Nebraska Land Developers’ 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 Mid Nebraska Land Developers of Aurora, Nebraska in amount of $146,420.35 for Moores Creek Storm Sewer Improvements; Project No. 2021-D-2(B) 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, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 162 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-18 #2022-119 - Approving Bid Award for Diffuser Replacement; Project No. 2022-WWTP-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/26/2022 Page 163 / 188 Council Agenda Memo From:Matt Walker PE, Assistant Public Works Director- Wastewater Meeting:April 26, 2022 Subject:Approving Bid Award for Diffuser Replacement; Project No. 2022-WWTP-2 Presenter(s):John Collins PE, Public Works Director Background On March 14, 2022 the Engineering Division of the Public Works Department advertised for bids for Diffuser Replacement; Project No. 2022-WWTP-2, for Basin No. 3. This project will replace the existing ethylene propylene diene terpolymer (EPDM) membrane component within the diffuser assemblies in the oxic zones of one (1) of the four (4) aeration basins with a 9-inch membrane diffuser at the Wastewater Treatment Plant. The original membranes were installed in 2012 and require replacement on a seven (7) year cycle. Aeration Basin Grand Island Council Session - 4/26/2022 Page 164 / 188 Discussion Two (2) bids were received and opened on April 5, 2022. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. EXCEPTIONS BID PRICE JCI Industries, Inc. of Lee’s Summit, MO None $25,125.00 Industrial Process Technology of Mitchell, SD None $25,273.00 There are sufficient funds in the approved 2021/2022 budget to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, JCI Industries, Inc. of Lee’s Summit, Missouri in the amount of $25,125.00. Sample Motion Move to approve the bid award. Diffuser Grand Island Council Session - 4/26/2022 Page 165 / 188 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:April 5, 2022 at 2:00 p.m. FOR:Diffuser Replacement Project No. 2022-WWTP-2 DEPARTMENT:Public Works ESTIMATE:$50,000.00 FUND/ACCOUNT:53030054 PUBLICATION DATE:March 14, 2022 NO. POTENTIAL BIDDERS:16 SUMMARY Bidder:Industrial Process Technology JCI Industries Mitchell, SD Lee’s Summit, MO Bid Security:Atlantic Specialty Ins. Co.Western Surety Co. Exceptions:None None Bid Price:$25,273.00 $25,125.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Coordinator Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Assist. PW Director P2367 Grand Island Council Session - 4/26/2022 Page 166 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-119 WHEREAS, the City of Grand Island invited sealed bids for Diffuser Replacement; Project No. 2022-WWTP-2, according to plans and specifications on file with the Public Works Department; and WHEREAS, on April 5, 2021 bids were received, opened, and reviewed; and WHEREAS, JCI Industries, Inc. of Lee’s Summit, Missouri submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $25,125.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of JCI Industries, Inc. of Lee’s Summit, Missouri in the amount of $25,125.00 for Diffuser Replacement; Project No. 2022- WWTP-2 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 167 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-19 #2022-120 - Approving Change Order #1 for Stolley Park Wading Pool Demo Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 4/26/2022 Page 168 / 188 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:April 26, 2022 Subject:Approving Change Order No. 1 for Stolley Park Wading Pool Demolition Presenter(s):Todd McCoy, Parks and Recreation Director Background Replacing the Stolley Park wading pool with a new splash pad is included in the current City budget. The Stolley wading pool is nearly 40 years old and is labor intensive to maintain. A modern splash pad will require less maintenance and be an attractive addition to Stolley Park. On March 8, 2022 City Council approved Resolution 2022-59 to demo the Stolley wading pool to make way for a new splash pad. A contract with O’Neill Transportation & Equipment of Alda, Nebraska to complete the project was approved in the amount of $39,312.00. Discussion After the contract was approved the following items were identified to enhance the project. 1.Demo the concrete floor of existing building increase $680.00 2.Demo west doors and infill with CMU increase $1,265.00 The total increase to the existing contract from Change Order No. 1 is $1,945.00. This project is funded with Food and Beverage Tax revenue. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 4/26/2022 Page 169 / 188 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve Stolley Wading Pool Demo Change Order No. 1 in the amount of $1,945.00. Doing so will increase the total amount of the contract with O’Neill Transportation & Equipment of Alda, Nebraska to $41,257.00. Sample Motion Move to approve Change Order No. 1 to O’Neill Transportation & Equipment. Grand Island Council Session - 4/26/2022 Page 170 / 188 City Hall • 100 East First Street • Box 1968 • Grand Island, Nebraska 68802-1968 (308) 385-5444 ext. 290 • Fax: 385-5488 Parks & Recreation Department Working Together for a Better Tomorrow, Today. CHANGE ORDER #1 TO:O’Neill Transportation & Equipment LLC PO Box 2202 Grand Island, NE 68802 PROJECT:Labor & Material to Demo the Stolley Wading Pool You are hereby directed to make the following change in your contract. 1.Demo concrete floor in building increase $ 680.00 2.Demo door and infill with CMU increase $1,265.00 __________________________________________________________ The original Contract Sum $ 39,312.00 Previous Change Order Amount $ 0.00 The Contract Sum is increased by this Change Order $ 1,945.00 The total modified Contract Sum to date $ 41,257.00 The Contract Time is substantial unchanged. ___________________________________________________________ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described herein. Additional claims will not be considered. APPROVED:CITY OF GRAND ISLAND By ________________________________________Date _______________ Mayor Attest _____________________________________ ___________________________________ Approved as to Form, City Attorney ACCEPTED:O’Neill Transportation & Equipment LLC By ________________________________________Date _______________ Grand Island Council Session - 4/26/2022 Page 171 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-120 WHEREAS, on March 8, 2022 by Resolution 2022-59, the City Council of the City of Grand Island awarded O’Neill Transportation & Equipment from Alda, Nebraska, the bid in the amount of $39,312.00, for the Stolley Park Wading Pool Demolition; and WHEREAS, it has been determined that additional demo work is needed to enhance the project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, such modifications will be funded through the Food & Beverage Tax; and WHEREAS, the result of such modifications will increase the contract amount by $1,945.00 for a revised contract price of $41,257.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and O’Neill Transportation & Equipment from Alda, Nebraska to provide the modifications set out as follows: 1.Demo concrete floor in building increase $ 680.00 2.Demo door and infill with CMU increase $1,265.00 Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 172 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-20 #2022-121 - Approving Bid Award for Construction of Stolley Park Splash Pad Staff Contact: Todd McCoy Grand Island Council Session - 4/26/2022 Page 173 / 188 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:April 26, 2022 Subject:Approving Construction of New Splash Pad at Stolley Park Presenter(s):Todd McCoy, Parks and Recreation Director Background Replacing the Stolley Park wading pool with a new splash pad is included in the current City budget. The Stolley wading pool is nearly 40 years old and is labor intensive to maintain. A modern splash pad will require less maintenance and be an attractive addition to Stolley Park. On March 8, 2022 City Council approved Resolution 2022-59 to demo the existing Stolley wading pool. Discussion The Parks and Recreation Department advertised a Request for Proposals (RFP) to build a new splash pad on March 11, 2022. Three (3) proposals were received. Grand Island Council Session - 4/26/2022 Page 174 / 188 City staff recommends selecting the proposal from Crouch Recreation, Inc. of Elkhorn, Nebraska in the amount of $194,905.00. Food and Beverage Tax proceeds will be utilized to complete the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve the proposal from Crouch Recreation, Inc. of Elkhorn, Nebraska in the amount of $194,905.00 to construct a new splash pad at Stolley Park. Sample Motion Move to accept the proposal from Crouch Recreation, Inc. to construct a new splash pad at Stolley Park. Grand Island Council Session - 4/26/2022 Page 175 / 188 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR STOLLEY PARK SPLASH PAD RFP DUE DATE:March 29, 2022 at 4:00 p.m. DEPARTMENT:Parks & Recreation PUBLICATION DATE:March 11, 2022 NO. POTENTIAL BIDDERS:7 PROPOSALS RECEIVED Crouch Recreation, Inc.Commercial Recreation Specialists Elkhorn, NE Verona, WI Water Splash Champlain, NY cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2366 Grand Island Council Session - 4/26/2022 Page 176 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-121 WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for a Stolley Park Splash Pad; and WHEREAS, three (3) request for proposals were received; and WHEREAS, Crouch Recreation, Inc. from Elkhorn, Nebraska, submitted a proposal for such project in accordance with the Request for Proposals; and WHEREAS, a contract amount of $194,905.00 has been negotiated for a Stolley Park Splash Pad; and WHEREAS, such project will be funded through the Food & Beverage Funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Crouch Recreation, Inc. from Elkhorn, Nebraska for a Stolley Park Splash Pad is hereby approved at a cost of $194,905.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 177 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-21 #2022-122 - Approving Change Order #1 for Island Oasis Water Slides Project Staff Contact: Todd McCoy Grand Island Council Session - 4/26/2022 Page 178 / 188 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:April 26, 2022 Subject:Recondition of Water Slides at Island Oasis Water Park Change Order No. 1 Presenter(s):Todd McCoy, Parks and Recreation Director Background On September 10, 2021 the Parks and Recreation Department advertised a Request for Proposals (RFP) to Recondition Water Slides at Island Oasis Water Park. The project includes gel coating the interior and painting the interior of two (2) open flume slides, painting the exterior and gel coating the entrance/exits of the two (2) enclosed slides, and evaluating two (2) speed slides for needed repairs. The proposed work is anticipated to improve the quality and the overall look of the slides. On October 26, 2021 City Council approved by Resolution #2021-299 the proposal from Slide Guys Restoration of Croswell, Michigan to complete the project in the amount of $67,774.00. Discussion After the proposal was approved the following items were identified to enhance the project. 1.Remove oxidation and scale build up on both speed slides, caulk seams polish and buff slides, refurbish minor chips, inspect hardware increase $15,925.00 2.Repair seams on enclosed speed slide, sand seam and polish to smooth finish, re-laminate seams increase $ 2,500.00 3.Grind/repair panel in green runout, re-laminate, fix chips increase $ 1,500.00 The total increase to the existing contract from Change Order No. 1 is $19,925.00. This project is funded with KENO fund revenue. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 4/26/2022 Page 179 / 188 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve Island Oasis Water Slides Reconditioning Change Order No. 1 in the amount of $19,925.00. Doing so will increase the total amount of the contract with Slide Guys Restoration of Croswell, Michigan to $87,699.00. Sample Motion Move to approve Change Order No. 1 to Slide Guys Restoration. Grand Island Council Session - 4/26/2022 Page 180 / 188 Grand Island Council Session - 4/26/2022 Page 181 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-122 WHEREAS, on October 26, 2021 by Resolution 2021-299, the City Council of the City of Grand Island awarded Slide Guys Restoration Inc. of Croswell, Michigan, the bid in the amount of $67,774.00, for the Reconditioning/Resurfacing of Island Oasis Water Slides at the Island Oasis Water Park; and WHEREAS, it has been determined during the evaluating process of the speed slides they are in need to be reconditioned as well; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, such modifications will be funded through the Keno Funds; and WHEREAS, the result of such modifications will increase the contract amount by $19,925 for a revised contract price of $87,699. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Slide Guys Restoration Inc. of Croswell, Michigan to provide the modifications set out as follows: 1.Remove oxidation and scale build up on both speed slides, caulk seams polish and buff slides, refurbish minor chips, inspect hardware increase $15,925.00 2.Repair seams on enclosed speed slide, sand seam and polish to smooth finish, re-laminate seams increase $ 2,500.00 3.Grind/repair panel in green runout, re-laminate, fix chips increase $ 1,500.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 182 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item G-22 #2022-123 - Approving Change Order #2 for Heartland Public Shooting Park Baffle Project Staff Contact: Todd McCoy Grand Island Council Session - 4/26/2022 Page 183 / 188 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:April 26, 2022 Subject:Approving Change Order No. 2 - Heartland Public Shooting Park Rifle/Pistol Baffle System Project Presenter(s):Todd McCoy, Parks and Recreation Director Background The Heartland Public Shooting Park (HPSP) pistol and rifle ranges include a baffles system to stop stray bullets from leaving the range making the baffles an important safety feature. Nearly half of the HPSP baffles were damaged or destroyed during wind storms in 2019 and 2020. The majority of the remaining baffles have aged or are damaged to a point that staff recommended a redesign and reconstruction of the baffle system. In September of 2020 City Council approved Resolution 2020-239 to design new overhead baffles at HPSP. On January, 11 2022 City Council approved Resolution 2022-14 the bid award to Lacy Construction to reconstruct the baffle system in the amount of $923,175.00. On February 22, 2022 Resolution 2022-40 Change Order No. 1 was approved by City Council in the amount of $8,821.60. Discussion The flowing three changes to the contract have been requested. 1.Cost to install (25) 2x10x12 treated lumber in lieu of 2x10x10’s and cost to change to HUS 28-2 wood hanger in lieu of HUS28. Increase $3,626.37 2.Steel price increase. During shop drawing process still mill could not hold prices. Increase $15,628.20 3.Credit for using used conveyor belt in lieu of new belts. Decrease ($21,638.40) Grand Island Council Session - 4/26/2022 Page 184 / 188 The total decrease to the existing contract from Change Order No. 2 is ($2,383.83). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve HPSP Baffle Project Change Order No. 2 in the amount of ($2,383.83). Doing so will decrease the total amount of the contract with Lacy Construction to $929,612.77. Sample Motion Move to approve Change Order No. 2 to Lacy Construction. Grand Island Council Session - 4/26/2022 Page 185 / 188 Grand Island Council Session - 4/26/2022 Page 186 / 188 Approved as to Form ¤ ___________ April 22, 2022 ¤ City Attorney R E S O L U T I O N 2022-123 WHEREAS, on January 11, 2022 by Resolution 2022-14, and on February 22, 2022 by Resolution 2022-40 the City Council of the City of Grand Island awarded Lacy Construction Co. of Grand Island, Nebraska, the bid in the amount of $923,175.00 and Change Order #1 amount of $8,821.60, for the re-construction of Rifle/Pistol Baffles at the Heartland Public Shooting Park; and WHEREAS, the size of 2x10’s where changed from 10 ft. to 12 ft., the HUS28 wood hanger was changed to HUS 28-2, steel prices increased during the shop drawing process as the still mill could not hold their prices and a credit was issued for using used conveyor belts in lieu of new belts; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, such modifications will be funded through the Food and Beverage Tax; and WHEREAS, the result of such modifications will decrease the contract amount by ($2,383.83) for a revised contract price of $929,612.77. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and Lacy Construction Co. of Grand Island, Nebraska to provide the modifications set out as follows: 1.Cost to install (25) 2x10x12 treated lumber in lieu of 2x10x10’s and cost to change to HUS 28-2 wood hangers in lieu of HUS28 increase $ 3,626.37 2.Steel Price increase. During the shop drawing process still mill could not hold their prices increase $ 15,628.20 3.Credit on using used conveyor belt in lieu of new belts decrease ($21,638.40) - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/26/2022 Page 187 / 188 City of Grand Island Tuesday, April 26, 2022 Council Session Item J-1 Approving Payment of Claims for the Period of April 13, 2022 through April 26, 2022 The Claims for the period of April 13, 2022 through April 26, 2022 for a total amount of $6,010,946.51. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 4/26/2022 Page 188 / 188