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05-24-2022 City Council Regular Meeting Packet City of Grand Island Tuesday, May 24, 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 - 5/24/2022 Page 1 / 234 City of Grand Island Tuesday, May 24, 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 Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 5/24/2022 Page 2 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item C-1 Recognition of Public Works Director John Collins Retirement The Mayor and City Council will recognize Public Works Director/City Engineer John Collins on his retirement and thank him for his years of service with the City of Grand Island. We wish him the best in his retirement. Staff Contact: Mayor Roger Steele Grand Island Council Session - 5/24/2022 Page 3 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item E-1 Public Hearing on Request from GICS Hospitality Inc. dba Candlewood Suites Grand Island, 859 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska Council action will take place under Consent Agenda item G-3. Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 4 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 24, 2022 Subject:Public Hearing on Request from GICS Hospitality Inc. dba Candlewood Suites Grand Island, 859 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion GICS Hospitality Inc. dba Candlewood Suites Grand Island, 859 Allen Drive has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol and distilled spirits on and off sale inside the corporate limits of the city. Grand Island Council Session - 5/24/2022 Page 5 / 234 City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Margarita Younes- Holz, 12 21st Avenue Place, Kearney, Nebraska. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska contingent upon passing a state approved alcohol server/seller training course. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for GICS Hospitality Inc. dba Candlewood Suites Grand Island, 859 Allen Drive for a Class “C” Liquor License contingent upon final inspections and Liquor Manager designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska contingent upon passing a state approved alcohol server/seller training course. Grand Island Council Session - 5/24/2022 Page 6 / 234 Grand Island Council Session - 5/24/2022 Page 7 / 234 Grand Island Council Session - 5/24/2022 Page 8 / 234 Grand Island Council Session - 5/24/2022 Page 9 / 234 Grand Island Council Session - 5/24/2022 Page 10 / 234 Grand Island Council Session - 5/24/2022 Page 11 / 234 Liquor License Application:Class “C”: Candlewood Suites !!! ! ! ! ! ! ! ! ! ! ! ! ^_US HIGHWAY 281 NWEBB RD NFAIDLEY AVE W KENNEDY DRARLINGTON CIR JOHNSON DRCONCORD AVE WEIS DRKENNEDY CIR KENNEDY WAY PRIVATE DR DIXIE SQ RICHMOND CIR MEMPHIS PL MAGNOLIA CT NORTH FRONT ST WEISENHO WER DRDIERS AVE NALLEN DR859 ALLEN DR ¯ Legend !Licensed Locations Road Centerlines ^_859 Allen Drive 1 inch = 400 feet Grand Island Council Session - 5/24/2022 Page 12 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item E-2 Public Hearing on Request from GICS Hospitality Inc. dba Fairfield Inn - Marriot - Grand Island, 805 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska Council action will take place under Consent Agenda item G-4. Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 13 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 24, 2022 Subject:Public Hearing on Request from GICS Hospitality Inc. dba dba Fairfield Inn - Marriot - Grand Island, 805 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion GICS Hospitality Inc. dba dba Fairfield Inn - Marriot - Grand Island, 805 Allen Drive has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol and distilled spirits on and off sale inside the corporate limits of the city. Grand Island Council Session - 5/24/2022 Page 14 / 234 City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Margarita Younes- Holz, 12 21st Avenue Place, Kearney, Nebraska. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska contingent upon passing a state approved alcohol server/seller training course. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for GICS Hospitality Inc. dba Fairfield Inn - Marriot - Grand Island, 805 Allen Drive for a Class "C" Liquor License contingent upon final inspections and Liquor Manager designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska contingent upon passing a state approved alcohol server/seller training course. Grand Island Council Session - 5/24/2022 Page 15 / 234 Grand Island Council Session - 5/24/2022 Page 16 / 234 Grand Island Council Session - 5/24/2022 Page 17 / 234 Grand Island Council Session - 5/24/2022 Page 18 / 234 Grand Island Council Session - 5/24/2022 Page 19 / 234 Grand Island Council Session - 5/24/2022 Page 20 / 234 Liquor License Application:Class “C”:Fairfield Inn – Marriot !!! ! ! !! ! ! ! ! ! ! ! ^_KENNEDY DRNORTH FRONT ST W ARLINGTON CIR FAIDLEY AVE W CONCORD AVE WEIS DRKENNEDY CIR KENNEDY WAY DIXIE SQ RICHMOND CIR JOHNSON DRUS HIGHWAY 281 NWEBB RD NMAGNOLIA CT MEMPHIS PL EISENHOWER DRWILMAR AVEKAUFMAN AVE DIERS AVE NALLEN DR805 ALLEN DR ¯ Legend !Licensed Locations Road Centerlines ^_805 Allen Drive 1 inch = 400 feet Grand Island Council Session - 5/24/2022 Page 21 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item E-3 Public Hearing on Request from Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise Avenue for a Class "I" Liquor License and Liquor Manager Designation for Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska Council action will take place under Consent Agenda item G-5. Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 22 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 24, 2022 Subject:Public Hearing on Request from Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise Avenue for a Class "I" Liquor License and Liquor Manager Designation for Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise Avenue has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol and distilled spirits on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 5/24/2022 Page 23 / 234 Also submitted was a request for Liquor Manager Designation for Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise Avenue for a Class "I" Liquor License contingent upon final inspections and Liquor Manager designation for Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska. Grand Island Council Session - 5/24/2022 Page 24 / 234 Grand Island Council Session - 5/24/2022 Page 25 / 234 Grand Island Council Session - 5/24/2022 Page 26 / 234 Grand Island Council Session - 5/24/2022 Page 27 / 234 Grand Island Council Session - 5/24/2022 Page 28 / 234 Grand Island Council Session - 5/24/2022 Page 29 / 234 Liquor License Application:Class “I”: Boulder Flatts, LLC ! ! ^_ R OLLING G RE EN D R ENTERPRISE AVE TERRACE CIR NORTH RD SHAMPTON RDGOOD SAMARITAN PLPONCA CIRUS HIGHW AY 30 W KNIGHTS RD BISON CTLARA MIE DRMARY LN TIMBERLINE STKENT AVEBIGHORN PL INDIANHEAD DRPALACE DRTRUST ST BUCKINGHAM DR4058 ENTERPRISE AVE ¯ Legend ^_4058 ENTERPRISE AVE !Licensed Locations Road Centerlines1 inch = 400 feet Grand Island Council Session - 5/24/2022 Page 30 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item E-4 Public Hearing on Redevelopment Plan for CRA No. 36 for Property Located South of Nebraska Highway 2 and East of Independence Avenue Along Montana Avenue, Grand Island, Nebraska for Residential Purposes(Paramount Development) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 5/24/2022 Page 31 / 234 Council Agenda Memo From:Chad Nabity, AICP Meeting:May 24, 2022 Subject:Site Specific Redevelopment Plan for CRA Area #36 Paramount Development Montana Avenue Presenter(s):Chad Nabity, AICP CRA Director Background Paramount Development is proposing to develop property south of Montana Avenue and east of Independence Avenue for residential uses. They are also proposing 6 units of housing in 3 duplexes. The property is zoned RO Residential Office and consists of 3 lots within the Northwest Gateway Subdivision. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on April 13, 2022 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on May 11, 2022. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on May 11, 2022. The Planning Commission approved Resolution 2022-10 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 392 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Grand Island Council Session - 5/24/2022 Page 32 / 234 Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #36 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for the acquisition costs of the property as well as the site work, grading and sidewalks. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project will be issued for a period of 15 years. The proposed bond for this project will be issued for the amount of $263,200. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 5/24/2022 Page 33 / 234 Redevelopment Plan Amendment Grand Island CRA Area 36 April 2022 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 36 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 36. Executive Summary: Project Description THE REDEVELOPMENT OF LOTS 10, 11, AND 12 OF NORTHWEST GATEWAY SUBDIVISION LOCATED SOUTH OF MONTANA AVENUE AND WEST OF IDAHO AVENUE IN NORTHWEST GRAND ISLAND FOR A RESIDENTIAL DEVELOPMENT 6 UNITS OF HOUSING IN 3 DUPLEXES. The use of Tax Increment Financing to aid in redevelopment expenses associated with building 3 duplexes (6 units of housing) including acquisition, fill and grading, sidewalks and utility improvements. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project affordable. The 2020 Housing Study for the City of Grand Island identified a need of 1361 new rental and owner occupied housing units by 2024. Paramount Development will be acquiring this property from O’Neill Wood Resources who acquired it in 2021. Changes in the cost of construction, availability of materials have led to this application for assistance with the project. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the construction of units. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over multiple 15 year periods beginning January 1, 2024 towards the allowable costs and associated financing for the development of this property. TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: Lots 10, 11 and 12 of Northwest Gateway Subdivision in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 5/24/2022 Page 34 / 234 Existing Land Use and Subject Property Grand Island Council Session - 5/24/2022 Page 35 / 234 The tax increment will be captured for the tax years the payments for which become delinquent in years 2024 through 2039 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from development of the property for residential and commercial uses as previously described. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract or any amendment to the redevelopment contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise,such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. Grand Island Council Session - 5/24/2022 Page 36 / 234 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on January 25, 2022.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to rehabilitate the building for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on May 11, 2022 and passed Resolution 2022-10 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. The Grand Island Public School District has submitted a formal request to the Grand Island CRA to notify the District any time a TIF project involving a housing subdivision and/or apartment complex is proposed within the District. The school district was notified of this plan amendment prior to it being submitted to the CRA for initial consideration. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: This Redevelopment Plan for Area 36 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for mixed use commercial development which includes residential, commercial and office uses. The property is zoned RO residential office and residential or office uses would be permitted. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 5/24/2022 Page 37 / 234 City of Grand Island Future Land Use Map Grand Island Council Session - 5/24/2022 Page 38 / 234 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned RO Residential Office. The future land use map calls for mixed use commercial development across this entire site. New public streets and utilities have been extended throughout the site and the cost of the property included payments for those improvements. TIF revenues will offset the cost of acquisition and sitework of those improvements. No changes are anticipated in building codes or other ordinances. No other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The RO zoning district does not have a maximum residential density but does require a 6000 square foot minimum lot size. Two off street parking spaces are required for each dwelling unit constructed. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sanitary sewer and water are available to support this development. Electric utilities are sufficient for the proposed use of this property. Electric lines, transformers, and conduit will need to be extended throughout the property. No other publicly owned utilities would be impacted by the development. §18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The purchase price of the property is $135,000 as an eligible expense. The estimated costs of utilities including sewer, water and electric is $38,000. The cost of grading, site prep and dirt work is $45,000. Sidewalks and drainage are estimated at $28,500. Other costs including landscaping and financing fees are estimated at $33,000 Planning activities including engineering, architecture, legal fees and government fees are Grand Island Council Session - 5/24/2022 Page 39 / 234 estimated at $12,700. The total of the eligible expenses for this project is estimated by the developer at over $1,220,000. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $263,200 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2024 through December 2039. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of increasing the number of residential units within the City of Grand Island and encouraging infill development. 8. Time Frame for Development Development of this project is anticipated to begin in the 2022 year. The duplexes should be completed before the end of 2023. It is anticipated that the units in this development will be fully built out in 2023 with the tax increment on those homes beginning with the Grand Island Council Session - 5/24/2022 Page 40 / 234 2024 tax year. Based on the projected valuation of this project it is estimated that the TIF Bonds will pay off in just under 8 years. 9. Justification of Project The 2020 housing study for the City of Grand Island projected that by 2024 we would need an additional 1361 new housing units. There should be 902 non-age restricted units with 518 owner occupied and with 384 rental units. There should be 459 age restricted unit 459 with 222 as 55+ owner occupied and with 237 as 55+ rental units. Between January 1 of 2020 and December of 2021 the city issued permits for 430 new housing units including both restricted and unrestricted units leaving a need for 931 additional units by 2024. The current housing market, a combination of the cost of producing housing and the prevailing wages, has not created a situation that gives the markets sufficient incentive to build the number housing units required to meet community needs. This lack of housing options impacts a variety of other areas within the community including work force development, overcrowding, and maintenance of residential units. This project will create new housing options for all citizens and potential citizens of Grand Island and will likely result in the sale of existing homes around the city. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2019), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $263,200 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $961,083 in private sector financing; a private investment of $3.65 for every TIF dollar invested. Use of Funds Description TIF Funds Private Funds Total Site Acquisition $135,000 $135,000 Building Costs $932,083 $932,083 Sewer $10,000 $10,000 Water $10,000 $10,000 Electric $18,000 $18,000 Public Streets/ sidewalks $28,500 $28,500 Site prep/ Dirt work $45,000 $45,000 Planning (Arch. & Eng.)$3,000 $3,000 Financing fees/ audit $0 $5,000 $5,000 Legal/ TIF contract $9,700 $9,700 Other $4,000 $24,000 $28,000 $0 Total $263,200 $961,083 $1,224,283 Source of funds Grand Island Council Session - 5/24/2022 Page 41 / 234 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2022 valuation of approximately $22,014. Based on the 2021 levy this would result in a real property tax of approximately $477. It is anticipated that the assessed value will increase by $1,681,986 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $36,472 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for the period of the bonds, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2022 assessed value: $ 22,014 Estimated value after completion $ 1,704,000 Increment value $ 1,681,986 Annual TIF generated (estimated) $ 36,472 TIF bond issue $ 263,200 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $22,014. The proposed redevelopment will create additional valuation of $1,704,000 over the course of the next year. The project creates additional valuation that will support taxing entities long after the project is paid off along with providing 6 additional housing units. The tax shift from this project will be equal to the total of the bond principal of $263,200 if fully funded and any associated interest on the bond to be assigned with contract approval. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; Existing water and waste water facilities will not be negatively impacted by this development. The electric utility has sufficient capacity to support the development. This is infill development with services connecting to existing line with capacity. This development will result in a larger number of students in the Engleman Elementary School service area. Fire and police protection are available and should not be negatively impacted by this development though there will be some increased need for officers and fire fighters as the City continues to grow whether from this project or others. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional housing options for the residents of Grand Island. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and Grand Island Council Session - 5/24/2022 Page 42 / 234 This project will not have a negative impact on other employers different from any other expanding business within the Grand Island area. Grand Island does have tight labor market and part of that is due to the availability and cost of housing. This development may help alleviate some of those pressures. (e) Impacts on student populations of school districts within the City or Village: This development will have an impact on the Grand Island School system and will likely result in additional students at the elementary and secondary school levels. The average number of persons per household in Grand Island for 2015 to 2019 according the American Community Survey is 2.61. Six additional households would house 16 people. According to the 2010 census 19.2% of the population of Grand Island was over 4 years old and under 18 years old. 2020 census number for this population cohort are not yet available but 27.6% of the 2021 population is less than 18 years of age this is the same percentage as the under 18 age cohort in 2010. If the averages hold it would be expected that there would be an additional 3 school age children generated by this development. According to the National Center for Educational Statistics1 the 2019- 20 enrollment for GIPS was 10,070 students and the cost per student in 2017-18 was $12,351 of that $4,653 is generated locally. The Grand Island Public School System was notified on April 6, 2022 that the CRA would be considering this application at their April 13, 2022 meeting. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project is consistent the goals of the 2020 Housing Study for the City of Grand Island to create more than 1361 new housing units. Between January of 2020 and December of 2021 the City of Grand Island has issue permits for 430 housing units. The local housing market is not capable of producing the number of units needed at market rate given the costs of building and development. Time Frame for Development Development of this project is anticipated to be completed during between Fall of 2022 and the end of 2023. The base tax year should be calculated on the value of the property as of January 1, 2023. Excess valuation should be available for this project beginning in 2024 with taxes due in 2025. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years on each property or an amount not to exceed $263,200 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $263,200 on TIF eligible activities. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Grand Island Council Session - 5/24/2022 Page 43 / 234 Form Updated 7-25-2019cn Page | 1 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: ______________________________________________________________ Address: _______________________________________________________________ Telephone No.: __________________________ Fax No.: _______________ Email: _________________________________________________________ Contact: _______________________________________________________________ Application Submission Date: Brief Description of Applicant’s Business:__ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________ Legal Description/Address of Proposed Project Community Redevelopment Area Number ________ Grand Island Council Session - 5/24/2022 Page 44 / 234 Form Updated 7-25-2019cn Page | 2 Present Ownership Proposed Project Site: ________________________________________________________________ _____________________________________ Is purchase of the site contingent on Tax Increment Financing Approval? Yes No Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________ If Property is to be Subdivided, Show Division Planned: VI. Estimated Project Costs: Acquisition Costs: A. Land $ ______________ B. Building $ ______________ Construction Costs: A. Renovation or Building Costs: $ ______________ B. On-Site Improvements: Sewer $ ______________ Water $ ______________ Electric $ ______________ Gas $ ______________ Public Streets/Sidewalks $ ______________ Grand Island Council Session - 5/24/2022 Page 45 / 234 Form Updated 7-25-2019cn Page | 3 Private Streets $ ______________ Trails $ ______________ Grading/Dirtwork/Fill $ ______________ Demolition $ ______________ Other $ ______________ Total $ ______________ Soft Costs: A. Architectural & Engineering Fees: $ ______________ B. Financing Fees: $ ______________ C. Legal $ ______________ D. Developer Fees: $ ______________ E. Audit Fees $ ______________ F. Contingency Reserves: $ ______________ G. Other (Please Specify) $ ______________ TOTAL $ ______________ Total Estimated Market Value at Completion: $ Source for Estimated Market Value________________________________________ Source of Financing: A. Developer Equity: $ ______________ B. Commercial Bank Loan: $ ______________ C. Tax Credits: 1. N.I.F.A. $ ______________ 2. Historic Tax Credits $ ______________ 3. New Market Tax Credits $ ______________ 4. Opportunity Zone $ ______________ D. Industrial Revenue Bonds: $ ______________ E. Tax Increment Assistance: $ ______________ F. Enhanced Employment Area $ ______________ Grand Island Council Session - 5/24/2022 Page 46 / 234 Form Updated 7-25-2019cn Page | 4 G. Nebraska Housing Trust Fund $ ______________ H. Other $ ______________ Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Project Construction Schedule: Construction Start Date: _________________________________________________ Construction Completion Date: ___________________________________________ If Phased Project: _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete Grand Island Council Session - 5/24/2022 Page 47 / 234 Form Updated 7-25-2019cn Page | 5 XII. Please Attach Construction Pro Forma XIII. Please Attach Annual Income & Expense Pro Forma (With Appropriate Schedules) TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ______________________________________________________________ Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: ______________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________ Grand Island Council Session - 5/24/2022 Page 48 / 234 Form Updated 7-25-2019cn Page | 6 Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________ Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Grand Island Council Session - 5/24/2022 Page 49 / 234 Acquisition $135,000.00 Earthwork $45,000.00 Concrete $176,772.00 Sidewalks and drives $28,500.00 HVAC Island Indoor Climate $43,770.00 Electrical Island Electrical $40,500.00 New service to building $18,000.00 Plumbing Plumbing bid $59,616.00 New sewer line to building Sewer Rooter $18,000.00 Drafting Fees $3,000.00 Employee Labor Site prep $4,000.00 Landscaping UGS, Sod, Plants, Rocks, Mulch and Trees $24,000.00 Mead Lumber Roof Framing & Trusses $104,481.09 Main Framing $49,586.22 Roofing Materials $16,335.90 Siding, Soffit & Fascia $17,835.27 Drwall & Insulation $28,902.99 Ext Doors & Windows $19,790.22 Int Doors & Hardware $18,037.65 Moulding $1,151.68 Cabinets $24,597.66 Subtotal $280,718.68 7.5% Tax $21,053.90 $301,772.58 Sheet Rock Install, Mud and Finish JPR Drywall $30,000.00 Fiber Cement Siding 4 ft back building $5,000.00 Gutters Meister Gutter Projected 3 Duplexes Cost 4157, 4161 and 4163 Montana Grand Island, NE Footings, House pad, front and back patios, dirt work Grand Island Council Session - 5/24/2022 Page 50 / 234 $4,500.00 Vinyl Fencing $600.00 Concrete and forms $600.00 Posts $600.00 $1,800.00 Painting Paint and Primer $3,450.00 Labor $25,500.00 $28,950.00 Labor 3 full time laborers - 8 month project Includes all framing, roofing, siding, soffit, facia, $139,800.00 Install of cabinetry, interior and exterior doors, windows, trim, countertops Kitchen Cabinets White Shaker Style On Mead Quote Hardware $30.00 Appliances Blk 4 pc each kitchen $2,200.00 Countertops $350.00 Backsplash $275.00 Sink $200.00 Faucet $185.00 Garbage Disposal $125.00 Per Unit $3,365.00 X 6 $20,190.00 Lighting Fixtures Int/Ext Lighting fixtures, Ceiling Fans $4,860.00 2 Full Baths Each Unit Tub/Shower Combo $600.00 Master Shower $1,500.00 Toilet $410.00 Vanity w/ Top and Sink $600.00 Tri-View Med Cabinet $130.00 Backsplash $300.00 Towel Bar Set $70.00 Lighting $150.00 Faucet $300.00 Per Unit $4,060.00 X 6 $24,360.00 Flooring Bdrm Carpets $6,500.00 VPL and adhesive $10,692.00 Back patio dividers Grand Island Council Session - 5/24/2022 Page 51 / 234 All Units $17,192.00 Garages Insulated Door/ Openers $4,500.00 Total Build Cost $1,179,082.58 Grand Island Council Session - 5/24/2022 Page 52 / 234 Grand Island Council Session - 5/24/2022 Page 53 / 234 Grand IslandCouncil Session - 5/24/2022Page 54 / 234 Grand IslandCouncil Session - 5/24/2022Page 55 / 234 Grand IslandCouncil Session - 5/24/2022Page 56 / 234 Grand Island Council Session - 5/24/2022 Page 57 / 234 Grand Island Council Session - 5/24/2022 Page 58 / 234 Grand Island Council Session - 5/24/2022 Page 59 / 234 Grand Island Council Session - 5/24/2022 Page 60 / 234 Grand Island Council Session - 5/24/2022 Page 61 / 234 Grand Island Council Session - 5/24/2022 Page 62 / 234 Grand Island Council Session - 5/24/2022 Page 63 / 234 Area 36 Paramount Development Montana Page 3 EXHIBIT A LEGAL DESCRIPTION OF REDEVELOPMENT PROJECT AREA Legal Descriptions: Lots 10, 11 and 12 of Northwest Gateway Subdivision in the City of Grand Island, Hall County, Nebraska. (Parcel Numbers 400149631, 400149633, 400149635) Grand Island Council Session - 5/24/2022 Page 64 / 234 Area 36 Paramount Development Montana Page 4 * * * * * EXHIBIT B FORM OF REDEVELOPMENT PLAN Grand Island Council Session - 5/24/2022 Page 65 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item E-5 Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to 36-55; Secondary Agricultural District Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 5/24/2022 Page 66 / 234 Council Agenda Memo From:Regional Planning Commission Meeting:May 24, 2022 Subject:Concerning proposed amendments to Section 36-55 Secondary Agricultural Zone Presenter(s):Chad Nabity, AICP Planning Director Background Stephen Mossman, on behalf of Mid America Truck LLC has submitted a request for the text amendment to the AG-2 Secondary Agriculture Zone to consider allowing Trailer Washouts as a conditional use in this zoning district. The stated reason for the request is “Trailer Washouts are vital to Hall County/Grand Island economy and compatible with the AG-2 uses. ”A copy of the request to change the regulations and cover letter are attached. The (AG-2) Secondary Agricultural Zoning District regulations are intended to provide for the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of livestock to specific limits and accessory uses; to prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential and urban development and other incompatible and conflicting land uses. The (AG-2) Secondary Agricultural Zoning District is also intended to conserve and protect the value of open space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible land uses and to provide for their timely utilization. The zoning district intends to provide for the location and to govern the establishment and operation of land uses that are compatible with agriculture and are of such nature that their location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the location and to govern the establishment of residential uses which are accessory to and necessary for the conduct of agriculture and to provide the location and to govern the establishment and use of limited non- agricultural residential uses. Such non-agricultural residential uses shall not be so located as to be detrimental to or conflict with other uses that are named as permitted or conditional uses in this zoning district and are appropriate to other property in the area. The nature of the (AG-2) Secondary Agricultural Zoning District and the uses allowed outright or by conditional use permit precludes the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of other zoning districts, Grand Island Council Session - 5/24/2022 Page 67 / 234 and it is not intended that the AG-2 Secondary Agricultural Zoning District regulations afford such services, amenities and protection to residential uses located therein. The AG-2 District is generally located that the periphery of the Grand Island Zoning Jurisdiction and in most cases is separated from the more intense districts near the city by a Transitional Agriculture Zone. The AG-2 District was designed to be similar to the Hall County A-3 Agricultural Transitional District. The county A-3 District allows Truck Washes as a conditional use permit. Allowing a Trailer Washout, a similar but less intensive use in the Grand Island AG- 2 District would be consistent with the intent of the district and the uses allowed in the typically adjacent district in the county jurisdiction. Discussion The proposed changes are attached with this. Strikeouts will be removed from the regulation and underlined will be added to the regulations. All changes are shown in red typeface in the proposed ordinance. The only proposed change is to add Trailer Washout as a listed conditional use. A complete copy of the proposed changes is included as an attachment to this memo and in a the ordinance. From the May 17, 2022 Regional Planning Commission Meeting Minutes: 3.Public Hearing – Zoning Text Amendment – Grand Island – Public Hearing to consider amending section 36-55 Secondary Agriculture Zone to add Trailer Washout as a listed conditional use. (C-28-22HC) O’Neill opened the public hearing. Nabity stated the (AG-2) Secondary Agricultural Zoning District is the largest zoning district in the Grand Island jurisdiction. The AG-2 Zone was designed to be similar to the Hall County A-3 Agriculture Transitional District. The county A-3 District allows Truck Washes as a conditional use permit. Staff is recommending approval as it is consistent with the intent of the district and the uses allowed by conditional use permit in those County zoning that are typically adjacent district but within the county jurisdiction. Stephen Mossman, an attorney representing Mid America Truck Wash LLC, Was available for questions. Chad S. Ruda – 321 East Cathy Fremont, NE – owner of Mid America Truck Wash LLC - was available for questions O’Neill closed the public hearing A motion was made by Ruge and second by Olson to recommend approval of the zoning Grand Island Council Session - 5/24/2022 Page 68 / 234 text amendment section 36-55 Secondary Agriculture Zone to add Trailer Washout as a listed conditional use, with finding it is permitted by conditional use permit in the adjacent county zoning districts. The motion was carried with nine members voting in favor (Nelson, O’Neill, Ruge, Olson, Monter, Rainforth, Rubio, Hendricksen and Randone) and no members voting no or abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed changes as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/24/2022 Page 69 / 234 §36-55. (AG-2) Secondary Agricultural Zone Intent: The (AG-2) Secondary Agricultural Zoning District regulations are intended to provide for the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of livestock to specific limits and accessory uses; to prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential and urban development and other incompatible and conflicting land uses. The (AG-2) Secondary Agricultural Zoning District is also intended to conserve and protect the value of open space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible land uses and to provide for their timely utilization. The zoning district intends to provide for the location and to govern the establishment and operation of land uses that are compatible with agriculture and are of such nature that their location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the location and to govern the establishment of residential uses which are accessory to and necessary for the conduct of agriculture and to provide the location and to govern the establishment and use of limited non-agricultural residential uses. Such non- agricultural residential uses shall not be so located as to be detrimental to or conflict with other uses that are named as permitted or conditional uses in this zoning district and are appropriate to other property in the area. The nature of the (AG-2) Secondary Agricultural Zoning District and the uses allowed outright or by conditional use permit precludes the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of other zoning districts, and it is not intended that the AG-2 Secondary Agricultural Zoning District regulations afford such services, amenities and protection to residential uses located therein. (A) Permitted Principal Uses: The following principal uses are permitted in the (AG-2) Secondary Agriculture Zoning District. (1) Agricultural operations, and the usual agricultural and farm buildings and structures, including the residences of owners and their families and any tenants and employees who are engaged in agricultural operations on the premises (a) State agencies shall govern all use of farm chemicals, including application of pesticides and herbicides, and applicants using restricted-use pesticides shall be required to be certified as required by law (b) The spreading of manure by a "farming" operation (as defined in §36-8 of this chapter) (c) Agricultural operations having up to 300 animal units are considered a farm and are permitted by right, provided other requirements in this zoning district are met and submission of a no-fee livestock registration permit to the Hall County Regional Planning Director is done (d) Operations having up to 300 animal units shall locate at least 300 feet from a platted residential area, public park, recreational area, church, cemetery, religious area, school, and residential district (2) Ranch and farm dwellings, subject to §36-55(e) (3) Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, and other similar recreational uses (4) Single family dwelling subject to §36-55(e) (5) Utility substation, pumping station, water reservoir and telephone exchange (6) Fire stations (7) Churches, seminary and convent (8) Public and parochial school; college (9) Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries, museums (10) Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet from the property line and three hundred feet from any neighboring residence (11) Roadside stands offering agricultural products for sale on the premises (12) Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary occupation in conjunction with an agricultural operation and be operated on the premises (13) Farm and industrial equipment sales (14) Public and private riding academies provided that no stable, building or structure in which horses or other animals are kept are no closer than one hundred (100) feet from the property line (15) All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-2) Secondary Agricultural Zoning District: Grand Island Council Session - 5/24/2022 Page 70 / 234 (1) Bed and breakfast residence subject to the following conditions in addition to those imposed by the City Council (a) The bed and breakfast residence shall be within a conforming single-family dwelling (b) Guest rooms shall be within the principal residential building only and not within an accessory building (c) Each room that is designated for guest occupancy must be provided with a smoke detector which is kept in good working order (d) Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests. Such parking areas shall not be within the required front or side yards (e) One (1) identification sign on not more than four (4) square feet of sign area shall be permitted (2) Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges, motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet ranges (3) Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum conditions are met: (a) Meets minimum lot requirements as established in this chapter (b) Meets minimum off-street parking requirements as established by this chapter (c) The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway (4) Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum conditions are met: (a) Meets minimum lot requirements as established in this chapter (b) Meets minimum off-street parking requirements as established by this chapter (c) The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway (5) All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided the following minimum conditions are met: (a) Meets minimum lot requirements as established in this chapter (b) Meets minimum off-street parking requirements as established by this chapter (c) The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway (6) Development of natural resources and the extraction of raw materials such as rock, gravel, sand, etc., including gas and oil extraction and exploration, and subject to the requirements of the Supplementary Regulations herein (7) Radio, cellular and television towers and transmitters and subject to the requirements of the Supplementary Regulations herein (8) Airports (9) Manufacture of light sheet metal products including heating and ventilation equipment (10) Manufacture and/or processing of agricultural products including but not limited to ethanol plants and mills (11) Truck and freight terminals (12) Commercial mining, quarries, sand and gravel pits and accessory uses (13) Storage of trucks, tractors, and trailers engaged in the transportation of explosives (14) Race tracks, drag strips and similar uses and associated accessory uses (15) Wind Energy devices (16) Community sewage disposal facilities (17) Sanitary landfill siting or expansion conducted in a manner and method approved by the City Council provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or one mile to any village or city limits or any subdivision, addition or residence. See the Supplementary Regulations herein (18) Lawn and garden nurseries (19) Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small animals, including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least one hundred (100) feet from the property line and three hundred (300) feet from any neighboring residence. (20) The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside or outside of the Grand Island jurisdiction (21) The application of livestock manure within the jurisdiction of Grand Island by operations located outside Hall County Grand Island Council Session - 5/24/2022 Page 71 / 234 (22) Livestock feeding operations, subject to the licensure requirements, waste disposal requirements and recommendations of the State of Nebraska and the Land Use specifications of the Grand Island Comprehensive Development Plan (23) Trailer Washout (C) Standards for Livestock Feeding Operations: (1) The following setbacks and design standards are the minimum sanitation and odor practices for Grand Island and its extra territorial jurisdiction. In addition, the City Council of Grand Island, when considering the health, safety, and general welfare of the public, may impose more restrictive requirements. These requirements should consider such things as: (a) property values (b) dust (c) lighting (d) waste disposal (e) dead livestock (2) A Conditional Use Permit may be approved after public notice has been given and public hearing is conducted as required by law (3) Agricultural operations of 300 animal units and under are considered a farm as defined in these regulations and do not require a Conditional Use Permit, see §36-8 of this chapter (4) All existing livestock feeding operations over 300 animal units shall be required to meet specific density requirements for a Class I facility. These density requirements are: (a) One (1) acre of ground for the first animal unit and one-half (1/2) acre for each additional animal unit. Class II, III, IV facilities are not permitted in the (AG-2) Secondary Agricultural Zoning District (5) All existing livestock feeding operations that have been granted a conditional use permit may expand within their designated level, as outlined in Table 1, without applying for another conditional use permit. All new livestock feeding operations and those expanding to the next level shall require a Conditional Use Permit and shall be located no less than at a distance from non-farm residences or other residences not on an owner's property in any affected zoning district as hereafter described: (a) Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled Housing (ECH) operations or Open Lot Operations. Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the operation which constitutes the majority of the total operation. Each operation type shall be classified in one of four levels according to total number of animal units (A.U.) in the operation at any one time. Levels will include: Class I facility = 301 - 1,000 animal units Class II facility = 1,001 – 5,000 animal units Class III facility = 5,001 – 20,000 animal units Class IV facility = 20,001 or more animal units Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the total number of animal units TABLE 3: Livestock Feeding Operations Spacing and Distance (Distances given in feet) Size of Proposed LFO in Animal Units Non-farm or Other Residence and Other LFOs (feet) ECH 1,320Class I 301-1000 OPEN 1,320 ECH Not allowed in the AG-2 Zoning DistrictClass II 1001-5000 OPEN Not allowed in the AG-2 Zoning District ECH Not allowed in the AG-2 Zoning DistrictClass III 5001-20,000 OPEN Not allowed in the AG-2 Zoning District ECH Not allowed in the AG-2 Zoning DistrictClass IV 20,000+OPEN Not allowed in the AG-2 Zoning District Grand Island Council Session - 5/24/2022 Page 72 / 234 ECH = Environmentally Controlled Housing OPEN = Open Lot Operations (b) The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning Director and the Grand Island Building Director or his/her designee to discuss tentative plans and layouts prior to formal submission of the Conditional Use Permit for Livestock Feeding Operations (i) A proposed site plan and conditions or requirements of this regulation pending approval of application for a proposed operation and waste disposal plan from the Nebraska Department of Environmental Quality (NDEQ) or any other applicable state agency (ii) The applicant shall submit all pertinent materials and designs, as per the Conditional Use Permit application for Livestock Feeding Operations (iii) The applicant shall file a copy of the proposed Operation and Maintenance Plan and proposed Manure Management Plan. The approved plans shall be submitted after NDEQ approval if different from the proposed. Said plans shall be filed with the Hall County Regional Planning Director (iv) The applicant shall file a copy of all approved NDEQ plans and permits with the Hall County Regional Planning Director within thirty (30) days after they are issued by the NDEQ (v) An annual manure management plan shall be submitted to the Hall County Regional Planning Director which shall follow "best possible management practices" as specified by NDEQ in order to protect the environment, as well as the health, safety and general welfare of the public and their property values (vi) If stockpiling of animal waste and/or composting of dead carcasses, as per state statutes, is part of the manure management plan, the waste shall be maintained in an area as outlined in Table 1 of this section. Said area shall also be located on the proposed site plan. (vii) All ground surfaces within outside livestock pens shall be maintained to insure proper drainage of animal waste and storm or surface runoff in such a manner as to minimize manure from being carried into any roadway ditch, drainage area or onto a neighbor's property (viii) In no event shall any manure storage unit or system be constructed where the bottom of the unit or system is either in contact with or below the existing water table where the unit or system is to be constructed. Application of manure in flooded areas of standing water shall be prohibited (ix) All runoff or waste generated by a livestock feeding operation facility shall be contained within the associated farming operation, or, on the premises upon which the confined feeding facility or feedlot is located. The applicant must verify that all runoff control ponds, lagoons, methods of manure disposal and dust control measures are designed to minimize offal and air pollution, and avoid surface or groundwater contamination as regulated by the State of Nebraska (x) The setbacks from a livestock feeding operation to any non-farm dwelling, other residence, or other livestock feeding operation are as follows in Table 3. (5) Exceptions: (a) Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is located within the minimum spacing distance in Table 1 to any church, school, public use, other livestock feeding operation or single-family dwelling within the current class or to the next class may expand in animal units and/or land area under a Conditional Use Permit, provided the proposed expansion complies with all the following limitations: (i) Such expansion will not decrease the distance from the livestock feeding operation use to any church, school, public use, other livestock feeding operation or single-family dwelling not of the same ownership and not on the same premises with said livestock feeding operation which is less than the minimum prescribed spacing distance (ii) Any physical expansion of the existing livestock feeding operation shall be immediately contiguous with the facilities of the existing livestock feeding operation (iii) Such expansion may occur in phases over time, but in no event shall such expansion(s) result in a livestock feeding operation that is more than fifty (50) percent larger in animal units than the one-time capacity of the use which existed as of August 1, 2004. Any expansion beyond this limitation is prohibited unless a Conditional Use Permit for expansion that meets all requirements is heard by and authorized by the City Council of Grand Island (iv) If such expansion results in such livestock feeding operation being required to obtain a new construction permit from NDEQ, introduction of additional animals shall be prohibited until said permit is issued by NDEQ or other applicable or successor agency has been issued and such livestock Grand Island Council Session - 5/24/2022 Page 73 / 234 feeding operation shall be operated at all times in a manner consistent with the requirements of said permit and applicable regulations of this chapter (D) Accessory Uses: The following accessory buildings and uses are permitted in the (AG-2) Secondary Agricultural Zoning District. (1) Buildings and uses customarily incidental to the permitted and conditional uses (2) Home occupation (3) Temporary buildings and uses incidental to construction work which shall be removed upon the completion or abandonment of the construction work (E) Lot Requirements and Intensity of Use: The following table lists the minimum lot requirements and maximum building requirements in an (AG-2) Secondary Agricultural Zoning District. These requirements shall be followed unless otherwise modified by this chapter. Setbacks A B C D E Uses Min Lot Area (acres) Min. Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Max. Lot Coverage Min Lot Area per dwelling unit (sq. ft.) Max. Building Height (feet) Permitted Uses 20 100 35 35 20 20 10%20,000 351 Conditional Uses 20 100 35 35 20 20 10%20,000 351 Agricultural Uses 1 100 35 35 20 20 10%20,000 351 1 for structures intended for human occupancy, all others no restrictions. 2 The following requirements are allowed in specific situations within the jurisdiction of Grand Island. These requirements are: (A) Any person or persons who: (1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing such sale has not been previously exercised on the large tract; and/or (2) owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is ten years old or more may sell a tract containing such dwelling; (3) providing the following space limitations are complied with: Setbacks Min Lot Area (sq. ft.) Min. Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Max. Lot Coverage Max. Building Height (feet) 20,000 100 30 25 15 25%351 1 for structures intended for human occupancy, all others no restrictions. (F) Prohibited Uses: (1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use. (G) Supplementary Regulations: (1) Residential dwelling units on non-agricultural land, may construct accessory structures, make repairs, replace, remodel, rebuild, or replace the residential structure in case of damage regardless of the percent of damage or extent of structural change provided the use does not change. (2) All new and existing livestock feeding operations and farms with livestock of 300 animal units or less shall require a no-fee livestock registration permit. In addition, all new or expanded livestock feeding operations of over 300 animal units shall require a Conditional Use Permit. (a) New non-farm residences in the AG-1 or AG-2 zoning districts shall be located no less than at the following distances as those shown in Table 4: Non-farm Residence Spacing and Distance, from an Grand Island Council Session - 5/24/2022 Page 74 / 234 existing agricultural operation having between 50 and 300 animal units and a livestock feeding operation based upon the type of operation. TABLE 4: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet) Size of Existing Agricultural Operation and Livestock Feeding Operation in Animal Units 100-300 301-1,000 1,001-5,000 5,001-10,000 10,000+ New Non-farm Residence 0 1,980 3,960 3,960 5,940 Grand Island Council Session - 5/24/2022 Page 75 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item E-6 Public Hearing on Acquisition of Property commonly known as Kaufman Plaza Council action will take place under Consent Agenda item G-14 and G-15. Staff Contact: Stacy Nonhof, Interim City Attorney Grand Island Council Session - 5/24/2022 Page 76 / 234 Council Agenda Memo From:Stacy R. Nonhof, Interim City Attorney Meeting:May 24, 2022 Subject:Public Hearing on Acquisition of Property commonly known as Kaufman Plaza Presenter(s):Stacy R. Nonhof, Interim City Attorney Background The area commonly known as Kaufman Plaza was designated as Road Right-of-Way on the original plat. The right-of-way was vacated in 2021 as that property is not needed as right-of-way nor was it being used as right-of-way. Upon vacation of the right-of-way, that property reverted back to the adjacent property owners. Amur Real Estate I, LLC and Panthera Investment Group, LLC own the properties immediately adjacent to the plaza. An agreement was reached with Amur Real Estate I, LLC and Panthera Investment Group, LLC to have the properties deeded back to the City of Grand Island for use as a plaza. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Railside BID, the Finance Department and the Legal Department have worked with the property owners, Amur Real Estate I LLC, and Panthera Investment Group, LLC who have each agreed to a purchase price of $0.00 for the City’s acquisition. These transfers will allow for the continued use of this property as a Plaza and the continued uses of the Railside BID. Amur has retained as part of this transfer ingress and egress easements. The retained easements are for: 1.Entry upon and ingress and egress over, and across for persons, and the movement of material, supplies, equipment, furniture, furnishing and appliances; 2.Maintenance, inspection, painting, repair and replacement of buildings, structures, landscaping, and sidewalks; and Grand Island Council Session - 5/24/2022 Page 77 / 234 3.Use, operation, maintenance, inspection, repair and replacement of all plumbing, drainage, electrical, phone, television, sewage, gas, domestic water, and other piping lines, ducts, conduits, cables, and all other facilities whatsoever now or later located in or upon said easement area. The property is conveyed to and accepted by the City subject to the condition that no buildings shall be erected thereon and that the land shall not be used for any other purpose than for pedestrian right-of-way and for beautifying the city, to which end the City shall establish and maintain thereon a public plaza with landscaping and that the City will enact ordinances to provide for its use and maintenance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of property commonly known as Kaufman Plaza. Sample Motion Move to approve. Grand Island Council Session - 5/24/2022 Page 78 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item F-1 #9881 - Consideration of Approving Changes to Chapter 36 of the Grand Island City Code Relative to 36-55; Secondary Agricultural District This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Chad Nabity Grand Island Council Session - 5/24/2022 Page 79 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney ORDINANCE NO. 9881 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-55 Secondary Agricultural Zone; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-55 Secondary Agricultural Zone of this ordinance, of Grand Island City Code are hereby amended to read as follows: §36-55. (AG-2) Secondary Agricultural Zone Intent: The (AG-2) Secondary Agricultural Zoning District regulations are intended to provide for the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of livestock to specific limits and accessory uses; to prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential and urban development and other incompatible and conflicting land uses. The (AG-2) Secondary Agricultural Zoning District is also intended to conserve and protect the value of open space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible land uses and to provide for their timely utilization. The zoning district intends to provide for the location and to govern the establishment and operation of land uses that are compatible with agriculture and are of such nature that their location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the location and to govern the establishment of residential uses which are accessory to and necessary for the conduct of agriculture and to provide the location and to govern the establishment and use of limited non-agricultural residential uses. Such non- agricultural residential uses shall not be so located as to be detrimental to or conflict with other uses that are named as permitted or conditional uses in this zoning district and are appropriate to other property in the area. The nature of the (AG-2) Secondary Agricultural Zoning District and the uses allowed outright or by conditional use permit precludes the provision of services, amenities and protection from other land uses which are afforded to residential uses by the regulations of other zoning districts, and it is not intended that the AG-2 Secondary Agricultural Zoning District regulations afford such services, amenities and protection to residential uses located therein. (A) Permitted Principal Uses: The following principal uses are permitted in the (AG-2) Secondary Agriculture Zoning District. (1) Agricultural operations, and the usual agricultural and farm buildings and structures, including the residences of owners and their families and any tenants and employees who are engaged in agricultural operations on the premises (a) State agencies shall govern all use of farm chemicals, including application of pesticides and herbicides, and applicants using restricted-use pesticides shall be required to be certified as required by law (b) The spreading of manure by a "farming" operation (as defined in §36-8 of this chapter) (c) Agricultural operations having up to 300 animal units are considered a farm and are permitted by right, provided other requirements in this zoning district are met and submission of a no-fee livestock registration permit to the Hall County Regional Planning Director is done (d) Operations having up to 300 animal units shall locate at least 300 feet from a platted residential area, public park, recreational area, church, cemetery, religious area, school, and residential district (2) Ranch and farm dwellings, subject to §36-55(e) (3) Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, and other similar Grand Island Council Session - 5/24/2022 Page 80 / 234 ORDINANCE NO. 9881 - 2 - recreational uses (4) Single family dwelling subject to §36-55(e) (5) Utility substation, pumping station, water reservoir and telephone exchange (6) Fire stations (7) Churches, seminary and convent (8) Public and parochial school; college (9) Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries, museums (10) Private kennels and facilities, provided that all buildings and facilities be at least one hundred feet from the property line and three hundred feet from any neighboring residence (11) Roadside stands offering agricultural products for sale on the premises (12) Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary occupation in conjunction with an agricultural operation and be operated on the premises (13) Farm and industrial equipment sales (14) Public and private riding academies provided that no stable, building or structure in which horses or other animals are kept are no closer than one hundred (100) feet from the property line (15) All other Permitted Uses as indicated as permitted within the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (AG-2) Secondary Agricultural Zoning District: (1) Bed and breakfast residence subject to the following conditions in addition to those imposed by the City Council (a) The bed and breakfast residence shall be within a conforming single-family dwelling (b) Guest rooms shall be within the principal residential building only and not within an accessory building (c) Each room that is designated for guest occupancy must be provided with a smoke detector which is kept in good working order (d) Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests. Such parking areas shall not be within the required front or side yards (e) One (1) identification sign on not more than four (4) square feet of sign area shall be permitted (2) Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges, motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet ranges (3) Industrial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum conditions are met: (a) Meets minimum lot requirements as established in this chapter (b) Meets minimum off-street parking requirements as established by this chapter (c) The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway (4) Commercial uses as provided in the Zoning Matrix [Attachment A hereto] and the following minimum conditions are met: (a) Meets minimum lot requirements as established in this chapter (b) Meets minimum off-street parking requirements as established by this chapter (c) The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway (5) All other Conditional Uses as indicated within the Zoning Matrix [Attachment A hereto], provided the following minimum conditions are met: (a) Meets minimum lot requirements as established in this chapter (b) Meets minimum off-street parking requirements as established by this chapter (c) The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway (6) Development of natural resources and the extraction of raw materials such as rock, gravel, sand, etc., including gas and oil extraction and exploration, and subject to the requirements of the Supplementary Regulations herein (7) Radio, cellular and television towers and transmitters and subject to the requirements of the Supplementary Regulations herein Grand Island Council Session - 5/24/2022 Page 81 / 234 ORDINANCE NO. 9881 - 3 - (8) Airports (9) Manufacture of light sheet metal products including heating and ventilation equipment (10) Manufacture and/or processing of agricultural products including but not limited to ethanol plants and mills (11) Truck and freight terminals (12) Commercial mining, quarries, sand and gravel pits and accessory uses (13) Storage of trucks, tractors, and trailers engaged in the transportation of explosives (14) Race tracks, drag strips and similar uses and associated accessory uses (15) Wind Energy devices (16) Community sewage disposal facilities (17) Sanitary landfill siting or expansion conducted in a manner and method approved by the City Council provided said landfill is not closer than one thousand (1,000) feet to a municipal well and/or one mile to any village or city limits or any subdivision, addition or residence. See the Supplementary Regulations herein (18) Lawn and garden nurseries (19) Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small animals, including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least one hundred (100) feet from the property line and three hundred (300) feet from any neighboring residence. (20) The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside or outside of the Grand Island jurisdiction (21) The application of livestock manure within the jurisdiction of Grand Island by operations located outside Hall County (22) Livestock feeding operations, subject to the licensure requirements, waste disposal requirements and recommendations of the State of Nebraska and the Land Use specifications of the Grand Island Comprehensive Development Plan (23) Trailer Washout (C) Standards for Livestock Feeding Operations: (1) The following setbacks and design standards are the minimum sanitation and odor practices for Grand Island and its extra territorial jurisdiction. In addition, the City Council of Grand Island, when considering the health, safety, and general welfare of the public, may impose more restrictive requirements. These requirements should consider such things as: (a) property values (b) dust (c) lighting (d) waste disposal (e) dead livestock (2) A Conditional Use Permit may be approved after public notice has been given and public hearing is conducted as required by law (3) Agricultural operations of 300 animal units and under are considered a farm as defined in these regulations and do not require a Conditional Use Permit, see §36-8 of this chapter (4) All existing livestock feeding operations over 300 animal units shall be required to meet specific density requirements for a Class I facility. These density requirements are: (a) One (1) acre of ground for the first animal unit and one-half (1/2) acre for each additional animal unit. Class II, III, IV facilities are not permitted in the (AG-2) Secondary Agricultural Zoning District (5) All existing livestock feeding operations that have been granted a conditional use permit may expand within their designated level, as outlined in Table 1, without applying for another conditional use permit. All new livestock feeding operations and those expanding to the next level shall require a Conditional Use Permit and shall be located no less than at a distance from non-farm residences or other residences not on an owner's property in any affected zoning district as hereafter described: (a) Livestock feeding operations (LFO) will be categorized either as Environmentally Controlled Housing (ECH) operations or Open Lot Operations. Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the operation which constitutes the majority of the total operation. Each operation type shall be classified in one of four levels according to total number of animal units (A.U.) in the operation at any one time. Levels will include: Class I facility = 301 - 1,000 animal units Class II facility = 1,001 – 5,000 animal units Grand Island Council Session - 5/24/2022 Page 82 / 234 ORDINANCE NO. 9881 - 4 - Class III facility = 5,001 – 20,000 animal units Class IV facility = 20,001 or more animal units Livestock feeding operations having more than one type of feeding operation at one location shall be categorized according to the total number of animal units TABLE 3: Livestock Feeding Operations Spacing and Distance (Distances given in feet) Size of Proposed LFO in Animal Units Non-farm or Other Residence and Other LFOs (feet) ECH 1,320Class I 301-1000 OPEN 1,320 ECH Not allowed in the AG-2 Zoning DistrictClass II 1001-5000 OPEN Not allowed in the AG-2 Zoning District ECH Not allowed in the AG-2 Zoning DistrictClass III 5001-20,000 OPEN Not allowed in the AG-2 Zoning District ECH Not allowed in the AG-2 Zoning DistrictClass IV 20,000+OPEN Not allowed in the AG-2 Zoning District ECH = Environmentally Controlled Housing OPEN = Open Lot Operations (b) The applicant shall have a Pre-Submission meeting with the Hall County Regional Planning Director and the Grand Island Building Director or his/her designee to discuss tentative plans and layouts prior to formal submission of the Conditional Use Permit for Livestock Feeding Operations (i) A proposed site plan and conditions or requirements of this regulation pending approval of application for a proposed operation and waste disposal plan from the Nebraska Department of Environmental Quality (NDEQ) or any other applicable state agency (ii) The applicant shall submit all pertinent materials and designs, as per the Conditional Use Permit application for Livestock Feeding Operations (iii) The applicant shall file a copy of the proposed Operation and Maintenance Plan and proposed Manure Management Plan. The approved plans shall be submitted after NDEQ approval if different from the proposed. Said plans shall be filed with the Hall County Regional Planning Director (iv) The applicant shall file a copy of all approved NDEQ plans and permits with the Hall County Regional Planning Director within thirty (30) days after they are issued by the NDEQ (v) An annual manure management plan shall be submitted to the Hall County Regional Planning Director which shall follow "best possible management practices" as specified by NDEQ in order to protect the environment, as well as the health, safety and general welfare of the public and their property values (vi) If stockpiling of animal waste and/or composting of dead carcasses, as per state statutes, is part of the manure management plan, the waste shall be maintained in an area as outlined in Table 1 of this section. Said area shall also be located on the proposed site plan. (vii) All ground surfaces within outside livestock pens shall be maintained to insure proper drainage of animal waste and storm or surface runoff in such a manner as to minimize manure from being carried into any roadway ditch, drainage area or onto a neighbor's property (viii) In no event shall any manure storage unit or system be constructed where the bottom of the unit or system is either in contact with or below the existing water table where the unit or system is to be constructed. Application of manure in flooded areas of standing water shall be prohibited (ix) All runoff or waste generated by a livestock feeding operation facility shall be contained within the associated farming operation, or, on the premises upon which the confined feeding facility or feedlot is located. The applicant must verify that all runoff control ponds, lagoons, methods of manure disposal and dust control measures are designed to minimize offal and air pollution, and avoid surface or groundwater contamination as regulated by the State of Nebraska (x) The setbacks from a livestock feeding operation to any non-farm dwelling, other residence, or other Grand Island Council Session - 5/24/2022 Page 83 / 234 ORDINANCE NO. 9881 - 5 - livestock feeding operation are as follows in Table 3. (5) Exceptions: (a) Any Class I livestock feeding operation use in existence as of August 1, 2004, and which is located within the minimum spacing distance in Table 1 to any church, school, public use, other livestock feeding operation or single-family dwelling within the current class or to the next class may expand in animal units and/or land area under a Conditional Use Permit, provided the proposed expansion complies with all the following limitations: (i) Such expansion will not decrease the distance from the livestock feeding operation use to any church, school, public use, other livestock feeding operation or single-family dwelling not of the same ownership and not on the same premises with said livestock feeding operation which is less than the minimum prescribed spacing distance (ii) Any physical expansion of the existing livestock feeding operation shall be immediately contiguous with the facilities of the existing livestock feeding operation (iii) Such expansion may occur in phases over time, but in no event shall such expansion(s) result in a livestock feeding operation that is more than fifty (50) percent larger in animal units than the one-time capacity of the use which existed as of August 1, 2004. Any expansion beyond this limitation is prohibited unless a Conditional Use Permit for expansion that meets all requirements is heard by and authorized by the City Council of Grand Island (iv) If such expansion results in such livestock feeding operation being required to obtain a new construction permit from NDEQ, introduction of additional animals shall be prohibited until said permit is issued by NDEQ or other applicable or successor agency has been issued and such livestock feeding operation shall be operated at all times in a manner consistent with the requirements of said permit and applicable regulations of this chapter (D) Accessory Uses: The following accessory buildings and uses are permitted in the (AG-2) Secondary Agricultural Zoning District. (1) Buildings and uses customarily incidental to the permitted and conditional uses (2) Home occupation (3) Temporary buildings and uses incidental to construction work which shall be removed upon the completion or abandonment of the construction work (E) Lot Requirements and Intensity of Use: The following table lists the minimum lot requirements and maximum building requirements in an (AG-2) Secondary Agricultural Zoning District. These requirements shall be followed unless otherwise modified by this chapter. Setbacks A B C D E Uses Min Lot Area (acres) Min. Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Max. Lot Coverage Min Lot Area per dwelling unit (sq. ft.) Max. Building Height (feet) Permitted Uses 20 100 35 35 20 20 10%20,000 351 Conditional Uses 20 100 35 35 20 20 10%20,000 351 Agricultural Uses 1 100 35 35 20 20 10%20,000 351 1 for structures intended for human occupancy, all others no restrictions. 2 The following requirements are allowed in specific situations within the jurisdiction of Grand Island. These requirements are: (A) Any person or persons who: (1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing such sale has not been previously exercised on the large tract; and/or (2) owns an existing ranch or farm dwelling excluding a single-wide manufactured home that is ten years old or more may sell a tract containing such dwelling; Grand Island Council Session - 5/24/2022 Page 84 / 234 ORDINANCE NO. 9881 - 6 - (3) providing the following space limitations are complied with: Setbacks Min Lot Area (sq. ft.) Min. Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Max. Lot Coverage Max. Building Height (feet) 20,000 100 30 25 15 25%351 1 for structures intended for human occupancy, all others no restrictions. (F) Prohibited Uses: (1) Any use not specifically listed as a permitted principal use, conditional use or permitted accessory use. (G) Supplementary Regulations: (1) Residential dwelling units on non-agricultural land, may construct accessory structures, make repairs, replace, remodel, rebuild, or replace the residential structure in case of damage regardless of the percent of damage or extent of structural change provided the use does not change. (2) All new and existing livestock feeding operations and farms with livestock of 300 animal units or less shall require a no-fee livestock registration permit. In addition, all new or expanded livestock feeding operations of over 300 animal units shall require a Conditional Use Permit. (a) New non-farm residences in the AG-1 or AG-2 zoning districts shall be located no less than at the following distances as those shown in Table 4: Non-farm Residence Spacing and Distance, from an existing agricultural operation having between 50 and 300 animal units and a livestock feeding operation based upon the type of operation. TABLE 4: NON-FARM RESIDENCE SPACING AND DISTANCE (Distances given in feet) Size of Existing Agricultural Operation and Livestock Feeding Operation in Animal Units 100-300 301-1,000 1,001-5,000 5,001-10,000 10,000+ New Non-farm Residence 0 1,980 3,960 3,960 5,940 SECTION 2. Section 36-55 Secondary Agricultural Zone as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Grand Island Council Session - 5/24/2022 Page 85 / 234 ORDINANCE NO. 9881 - 7 - Enacted: May 24, 2022 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 86 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-1 Approving Minutes of May 10, 2022 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 87 / 234 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 10, 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 May 10, 2022. Notice of the meeting was given in The Grand Island Independent on May 4, 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, Maggie Mendoza, Mitch Nickerson, and Chuck Haase. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Interim City Attorney Stacy Nonhof, Assistant Finance Director Brian Schultz, and Public Works Director John Collins. INVOCATION was given by Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Renewal of the City's Economic Development Program. City Administrator Jerry Janulewicz reported that a ballot question must be presented to the City electors at the November 2022 General Election if the City Council desires to extend the City’s Economic Development Plan. The current plan would expire on September 30, 2023. Reviewed were the changes to the current plan. Staff recommended approval. The following people spoke in support: Will Armstrong, 2424 South Locust Street, Suite B Laban Njuguna, 222 North Walnut Street Jay Vavricek, 2729 Brentwood Blvd. Saffron Buettner, 918 South Vine Street April Sundberg, 402 Switchgrass Street Chris Kotulak, 5066 Ft. Kearney Road No further public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9879 - Consideration of Vacation of Public Utility Easement in Lot 2 of Pedcor Subdivision- (City of Grand Island) (Second & Final Reading) #9880 - Consideration of Approving Salary Ordinance (Second & Final Reading) Grand Island Council Session - 5/24/2022 Page 88 / 234 Page 2, City Council Regular Meeting, May 10, 2022 be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9879 - Consideration of Vacation of Public Utility Easement in Lot 2 of Pedcor Subdivision- (City of Grand Island) Public Works Director John Collins reported that due to the construction of a new sanitary sewer buffer tank that would extend the useful life of existing Lift Station No. 28 by effectively improving its peak capacity, an easement vacation was necessary. Staff recommended approval. Motion by Guzinski, second by Paulick to approve Ordinance #9879 on second and final reading. City Clerk: Ordinance #9879 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. #9880 - Consideration of Approving Salary Ordinance Human Recourses Director Aaron Schimd reported that the proposed salary ordinance would amend the salary range of the non-union position of Police Chief. Current Police Chief, Robert Falldorf, had submitted his retirement letter after 35+ years of service to the Grand Island Police Department. Chief Falldorf’s last day with the department would 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 was 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. Motion by Paulick, second by Stelk to approve Ordinance #9880 on second and final reading. City Clerk: Ordinance #9880 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, Councilmembers Nickerson, Mendoza, Guzinski, Minton, Conley, Stelk, Fitzke, Scott, and Paulick voted aye. Councilmember Haase voted no. Motion adopted. CONSENT AGENDA: Consent Agenda items G-8 and G-9 (Resolutions #2022-128 and #2022- 129) were removed for further discussion. Motion by Paulick, second by Minton to approve the Consent Agenda excluding items G-8 and G-9. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 26, 2022 City Council Regular Meeting. Grand Island Council Session - 5/24/2022 Page 89 / 234 Page 3, City Council Regular Meeting, May 10, 2022 Approving Minutes of April 26, 2022 City Council Study Session. Approving Request from Besi & Zeki LLC dba Napolis Italian Restaurant for a Change of Location from 3421 Conestoga Drive to 3333 Ramada Road – Liquor License I-102784. #2022-124 - Considering the Adoption of the 2022 Hazard Mitigation Plan. #2022-125 - Approving Award of Proposal for Sludge Dewatering Polymer with Consolidated Water Solutions of Omaha, Nebraska in an Amount of $2.20 per pound. #2022-126 - Approving Amendment No. 1 to Distribution Transformers Contract with Wesco Distribution, Inc. to Extend the Contract through December 31, 2023. #2022-127 - Approving Amendment No. 4 to the Energy Management Agreement with Tenaska Power Services to buy surplus capacity from June 2023 through May 2028. #2022-128 - Approving Agreement for Densel’s Dream Sculpture with Grand Island Partnership for the Arts, Inc., Placzek Studios Inc., and the City of Grand Island. City Administrator Jerry Janulewicz reported that the Grand Island Partnership for the Arts, Inc. (GIPA) obtained public funding for the commission and installation of an artwork to honor Densel Rasmussen, to be located near the intersection of US Highway 281 and South Webb Road on land the City obtained from the Nebraska Department of Transportation (NDOT). The land was acquired at no cost to be used for highway beautification purposes following City Council approval of Resolution #2019-310 granting preliminary approval for acquisition the 0.373 acre parcel and, in December 2020, the City Council granted final approval for acquisition of the property. City Administration, GIPA, and Placzek Studios, Inc. negotiated terms of a proposed agreement providing for construction and installation of the artwork to be donated to the City upon completion and acceptance by the City Council. The artwork would be displayed for at least 30 years provided, however, it may be removed from public display if it becomes unsuitable for display for reasons such as damage or deterioration. The proposed Public Artwork Donation Agreement sets forth the respective rights of the Artist and City regarding reproduction and use of images of the work. GIPA will establish an endowment fund at the Grand Island Community Foundation for periodic cleaning and maintenance expense. Steve Anderson, 1523 Stagecoach Road answered questions regarding the artwork. He stated the work would hopefully start before the State Fair. Motion by Stelk, second by Guzinski to approve Resolution #2022-128. Upon roll call vote, all voted aye. Motion adopted. #2022-129 - Approving Changes to the Waiver Fine Schedule. Interim City Attorney Stacy Nonhof reported that this change would be for Animal Abandonment fine from $25.00 to $200.00. The purpose of this change was to make people think twice before they abandon their animal at the Central Nebraska Humane Society. She stated the fine would be a criminal offense Grand Island Council Session - 5/24/2022 Page 90 / 234 Page 4, City Council Regular Meeting, May 10, 2022 and the fees would not go to the Human Society but would be filed with the County Court and those fees would go to the School District. Motion by Nickerson, second by Guzinski to approve Resolution #2022-129. Upon roll call vote, Councilmembers Nickerson, Mendoza, Guzinski, Minton, Conley, Stelk, Fitzke, and Scott voted aye. Councilmembers Haase and Paulick voted no. Motion adopted. #2022-130 - Approving Amendment #2 to Subrecipient Agreement 2019-6 CV with Heartland United Way. #2022-131 - Approving CDBG-2021-3 Subrecipient Agreement with YMCA. RESOLUTIONS: #2022-132 - Consideration of Approving Election for Consideration of an Economic Development Program. This item was related to the Public Hearing. Motion by Nickerson, second by Paulick to approve Resolution #2022-132. Upon roll call vote, all voted aye. Motion adopted. #2022-133 - Consideration of Approving Changes to Speed Limit Resolution No. 2018-300. Public Works Director John Collins reported that due to the improvements to Nebraska Highway 2 the Nebraska Department of Transportation (NDOT) had requested a decrease of speed limit. Staff recommended approval. Discussion was held regarding this being a NDOT requirement. Motion by Minton, second by Conley to approve Resolution #2022-133. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Guzinski to approve the payment of claims for the period of April 27, 2022 through May 10, 2022 for a total amount of $3,491,029.07. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/24/2022 Page 91 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-2 Approving Request from Tanner Morton, 1309 West 5th Street for Liquor Manager Designation with Texas Roadhouse, 232 Wilmer Avenue Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 92 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 24, 2022 Subject:Requests from Tanner Morton, 1309 West 5th Street for Liquor Manager Designation with Texas Roadhouse, 232 Wilmer Avenue Presenter(s):RaNae Edwards, City Clerk Background Tanner Morton, 1309 West 5th Street has submitted an application with the City Clerk’s Office for Liquor Manager Designation in conjunction with the Class “IK-096736” Liquor License for Texas Roadhouse, 232 Wilmer Avenue. The application has been reviewed by the Police Department and City Clerk’s Office. See Police Department report attached. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Mr. Morton has completed a state approved alcohol server/seller training program. Staff recommends approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Forward the requests with no recommendation. 3.Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Grand Island Council Session - 5/24/2022 Page 93 / 234 Sample Motion Move to approve the request from Tanner Morton, 1309 West 5th Street for Liquor Manager Designation in conjunction with the Class “IK-096736” Liquor License for Texas Roadhouse, 232 Wilmer Avenue. Grand Island Council Session - 5/24/2022 Page 94 / 234 Grand Island Council Session - 5/24/2022 Page 95 / 234 Grand Island Council Session - 5/24/2022 Page 96 / 234 Grand Island Council Session - 5/24/2022 Page 97 / 234 Grand Island Council Session - 5/24/2022 Page 98 / 234 Grand Island Council Session - 5/24/2022 Page 99 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-3 #2022-134 - Approving Request from GICS Hospitality Inc. dba Candlewood Suites Grand Island, 859 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 100 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-134 WHEREAS, an application was filed by GICS Hospitality Inc. dba Candlewood Suites Grand Island, 859 Allen Drive for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 17, 2022; such publication cost being $9.18; and WHEREAS, a public hearing was held on May 24, 2022 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 101 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-4 #2022-135 - Approving Request from GICS Hospitality Inc. dba Fairfield Inn - Marriot - Grand Island, 805 Allen Drive for a Class "C" Liquor License and Liquor Manager Designation for Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 102 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-135 WHEREAS, an application was filed by GICS Hospitality Inc. dba Fairfield Inn - Marriot - Grand Island, 805 Allen Drive for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 17, 2022; such publication cost being $9.18; and WHEREAS, a public hearing was held on May 24, 2022 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Margarita Younes-Holz, 12 21st Avenue Place, Kearney, Nebraska as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 103 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-5 #2022-136 - Approving Request from Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise Avenue for a Class "I" Liquor License and Liquor Manager Designation for Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska This item relates to the aforementioned Public Hearing item E-3. Staff Contact: RaNae Edwards Grand Island Council Session - 5/24/2022 Page 104 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-136 WHEREAS, an application was filed by Boulder Flatts, LLC dba Boulder Flatts, 4058 Enterprise Avenue for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 17, 2022; such publication cost being $9.18; and WHEREAS, a public hearing was held on May 24, 2022 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Mckenzie Brown, 2510 South North Road, Grand Island, Nebraska as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 105 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-6 #2022-137 - Approving Purchase of 2022 John Deere Backhoe Loader for the Underground Division Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/24/2022 Page 106 / 234 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:May 24, 2022 Subject:Approving Purchase of 2022 John Deere Backhoe Loader for the Electric Underground Division Presenter(s):Timothy Luchsinger, Utilities Director Background The Electric Underground Division of the Utilities Department has a 1995 Ford 475D backhoe loader. This vehicle has approximately 5000 hours which is equivalent to approximately 300,000 miles on the engine and power transmission equipment. This vehicle is heavily used for installation of underground electrical for new developments. This vehicle is in need of replacement due to general wear and tear as well as difficulty in getting replacement parts. Much of it was rebuilt several years ago with limited success. Discussion The Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (now Sourcewell) on October 28, 2014 with Resolution 2014-326. To meet competitive bidding requirements, the Utilities Department obtained pricing from a local provider under the Sourcewell contract. An acceptable replacement backhoe with the necessary attachments was quoted by Murphy Tractor & Equipment of Grand Island, NE in the amount of $125,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 5/24/2022 Page 107 / 234 Recommendation City Administration recommends that the Council approve the purchase of the 2022 John Deere Backhoe Loader for the Underground Division of the Utilities Department, from Murphy Tractor & Equipment of Grand Island, NE, in the amount of $125,000.00. Sample Motion Move to approve the purchase of a 2022 John Deere Backhoe Loader from Murphy Tractor & Equipment of Grand Island, NE, in the amount of $125,000.00. Grand Island Council Session - 5/24/2022 Page 108 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-137 WHEREAS, the existing 1995 Ford 475D backhoe loader has an equivalent of approximately 300,000 miles on the engine and power transmission equipment and has a variety of maintenance issues; and WHEREAS, National Joint Powers Alliance Buying Group (now Sourcewell) was approved for use by Council on October 28, 2014; and WHEREAS, an acceptable replacement backhoe with the necessary attachments was quoted by Murphy Tractor and Equipment of Grand Island, Nebraska, in the amount of $125,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Underground Department purchase a 2022 John Deere Backhoe Loader from Murphy Tractor and Equipment of Grand Island, Nebraska, in the amount of $125,000 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 109 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-7 #2022-138 - Approving Inter-local Agreement with Hall County for Improvements to Old Potash Highway between Engleman Road and North Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 110 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 24, 2022 Subject:Approving Inter-local Agreement with Hall County for Improvements to Old Potash Highway between Engleman Road and North Road Presenter(s):John Collins PW, Public Works Director Background On April 12, 2022, via Resolution No. , City Council awarded the Asphalt Maintenance Project No. 2022-AC-1 contract to Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $852,351.23. The following segments of road were awarded as part of the contract: Section #3– Old Potash Highway; Engleman Road to North Road Section #4– Stolley Park Road; South Locust Street to Stuhr Road Section #5- Stuhr Road; Stolley Park Road to Bismark Road Section #6- Stuhr Road; BNSF Railroad to 1070’ South of US Highway 30 Section #7- Wheeler Avenue; 18th Street to Capital Avenue *Bid sections #1 and #2 were not awarded. Council approval is required before entering into an agreement. Pursuing an inter-local agreement between governmental entities is an efficient means of collaborating efforts to better our community. Roadways in the City and County cross between both entities with jurisdiction of each and it is more efficient to perform work together. Discussion This agreement is for improvements to the following roadway, which has a segment within the Grand Island City limits and Hall County. Old Potash Highway between Engleman Road and North Road (0.93 miles) Per the agreement the City will submit to Hall County an itemized bill for payment of their share of the project cost. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 5/24/2022 Page 111 / 234 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 inter-local agreement with Hall County and pass a Resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the inter-local agreement with Hall County. Grand Island Council Session - 5/24/2022 Page 112 / 234 1 2 3 7 4 6 5 PUBLIC WORKS DEPARTMENT 2022 AC-1 PROJECT MAP NOT TO SCALE N Section 1 - Capital Ave - Engleman Rd to North Rd Section 2 - 13th St - Engleman Rd to North Rd Section 3 - old potash hwy - Engleman Rd to North Rd Section 4 - Stolley Park Rd - Locust St to Stuhr Rd Section 5 - Stuhr Rd - Stolley Park Rd to Bismark Rd Section 6 - Stuhr Rd - BNSF RR to 1070' South of US Hwy 30 Section 7 - Wheeler Ave - 18th St Rd to Capital Ave Location map Grand Island Council Session - 5/24/2022 Page 113 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-138 WHEREAS, the City of Grand Island is proposing an asphalt overlay project, known as 2022-AC-1, for a section of Old Potash Highway between Engleman Road and North Road (0.93 miles); and WHEREAS, a portion of such work will be within the limits of Hall County; and WHEREAS, it is recommended that an Inter-local Agreement be entered into with Hall County for sharing in the cost of such work; and WHEREAS, the City of Grand Island has prepared an Inter-local Agreement, which has been reviewed by the City’s Legal Department and Hall County, for such work to be completed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Inter-local Agreement by and between the City of Grand Island and Hall County, Nebraska for the asphalt overlay work, known as 2022-AC-1, to be performed on a section of Old Potash Highway between Engleman Road and North Road (0.93 miles) is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 114 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-8 #2022-139 - Approving Change Order No. 1 for Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 115 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director- Engineering Meeting:May 24, 2022 Subject:Approving Change Order No. 1 for Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 Presenter(s):John Collins PE, Public Works Director Background S.J. Louis Construction, Inc. of Rockville, Minnesota was awarded a $6,130,000.00 contract on November 9, 2021, via Resolution No. 2021-321, for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4. Discussion Change Order No. 1 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 is requested to address the need for additional 10” PVC sanitary sewer pipe to make future expansion less disruptive and not as close to the proposed lift station, the addition of several manholes due to a condition in the field that was not discovered during design, and the option of using high early concrete pavement repair that will allow the pavement to be driven on sooner. The cost associated with Change Order No. 1 is a total of $64,994.50, resulting in a revised contract amount of $6,194,994.50. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 with S.J. Louis Construction, Inc. of Rockville, Minnesota. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/24/2022 Page 116 / 234 CHANGE ORDER NO. 1 PROJECT: Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 CONTRACTOR:S.J. Louis Construction, Inc. AMOUNT OF CONTRACT: $6,130,000.00 CONTRACT DATE: December 6, 2021 Address the need for additional 10” PVC sanitary sewer pipe, as well as upgrades to existing manholes and asphalt pavement to concrete within this project Item No.Description Quantity Unit Unit Price Total Price CO1-1 Construct 10” Gravity PVC Sanitary Sewer Pipe 100.00 LF $ 100.00 $ 10,000.00 CO1-2 Market Adjustment- PVC Material 100.00 LF $ 66.00 $ 6,600.00 CO1-3 Remove and Replace Concrete Pavement 78.00 SY $ 100.00 $ 7,800.00 CO1-4 Remove and Replace Gravel Surface 41.00 SY $ 25.00 $ 1,025.00 CO1-5 Install Seeding- Type A 350.00 SY $ .30 $ 105.00 CO1-6 Install Seeding- Wetland 100.00 SY $ .60 $ 60.00 CO1-7 Topsoil Stripping and Replacement 450.00 SY $ 15.00 $ 6,750.00 CO1-8 General Conditions @ 5% of $32,340 (CO1-1 thru CO1-7 total cost)1.00 %$ 1,617.00 $ 1,617.00 CO1-9 Install 10” Mechanical Plug 1.00 EA $ 600.00 $ 600.00 CO1-10 Construct 10” Gravity HDPE Sanitary Sewer Pipe 50.00 LF $ 200.00 $ 10,000.00 CO1-11 Market Adjustment- HDPE Material 50.00 LF $ 64.00 $ 3,200.00 CO1-12 Construct 6” Stubout and cap 20.00 LF $ 60.00 $ 1,200.00 CO1-13 Remove and Replace Gravel Surface 100.00 SY $ 25.00 $ 2,500.00 CO1-14 Reconnect and reconstruct sanitary sewer service 1.00 EA $ 2,500.00 $ 2,500.00 CO1-15 H02-6495 Credit Standard Manhole 13.00 VF $ (400.00) $ (5,200.00) CO1-16 H02-6495 New Drop Manhole 13.00 VF $ 450.00 $ 5,850.00 CO1-17 H02-6496 Modifications to Manhole & connect 8” (W)1.00 LS $ 2,500.00 $ 2,500.00 CO1-18 H02-6497 Credit Standard Manhole 15.00 VF $ (400.00)$ (6,000.00) CO1-19 H02-6497 New Drop Manhole 16.00 VF $ 450.00 $ 7,200.00 CO1-20 General Conditions @ 5% of $23,750 (CO1-10 thru CO1-20)1.00 %$ 1,187.50 $ 1,187.50 CO1-21 Sky Park Road & Metro Street Concrete 200.00 SY $ 10.00 $ 2,000.00 CO1-22 Sky Park Road & Baron Lane Concrete 85.00 SY $ 10.00 $ 850.00 CO1-23 Sky Park Road & Airport Road Concrete 265.00 SY $ 10.00 $ 2,650.00 Change Order No. 1 Total = $ 64,994.50 Contract Price Prior to this Change Order…………………………………$6,130,000.00 Net Increase Resulting from this Change Order……………………………$ 64,994.50 Revised Contract Price Including this Change Order………………………$6,194,994.50 Grand Island Council Session - 5/24/2022 Page 117 / 234 2 | Page City of Grand Island | Change Order No. 1 Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 The Above Change Order Accepted: S.J. LOUIS CONSTRUCTION, INC. By____________________________________Date_______________________ Approval Recommended: By______________________________________________Date________________ John Collins PE, Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 5/24/2022 Page 118 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-139 WHEREAS, on November 9, 2021, via Resolution No.2021-321, the City of Grand Island awarded S.J. Louis Construction, Inc. of Rockville, Minnesota the bid in the amount of $6,130,000.00 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4; and WHEREAS, it has been determined that modifications are necessary to complete such project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the cost associated with such change order is $64,994.50, resulting in a revised contract amount of $6,194,994.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, at a cost of $64,994.50 between the City of Grand Island and S.J. Louis Construction, Inc. of Rockville, Minnesota to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 119 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-9 #2022-140 - Approving Amendment No. 1 to Engineering Consulting Agreement for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 120 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 24, 2022 Subject:Approving Amendment No. 1 to Engineering Consulting Agreement for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1 Presenter(s):John Collins PE, Public Works Director Background The City is taking a proactive approach in rehabilitating sanitary sewer areas prior to any major failures. This project will focus on an area north of the Union Pacific Railroad (UPRR) tracks in the area around Broadwell Avenue and North Front Street. This pipe is primarily clay tile. Spot locations will be evaluated for sanitary sewer rehabilitation, with the thought that cured in place pipe (CIPP) will be the ideal solution as existing pipe segments are mostly within constricted areas, however other solutions may be considered. Manhole rehabilitation may also be completed if needed to reinforce structural integrity. On October 12, 2021, via Resolution No. 2021-273, City Council approved an Engineering Services Agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $65,028.00 to provide design and cost estimate engineering consulting services for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1. Discussion With the completion of the design it is now time to move forward with construction phase services and project closeout for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1. As anticipated, this project consists of cure-in-place-pipe liner which will avoid costly full collapse repairs should a pipe fail in the future. An amendment to the original agreement with Olsson, Inc. is requested, in the amount of $69,400.00 resulting in a revised agreement amount of $134,428.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 5/24/2022 Page 121 / 234 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 Amendment No. 1 to the original agreement with Olsson, Inc. of Grand Island, Nebraska, in the amount of $69,400.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/24/2022 Page 122 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-140 WHEREAS, on October 12, 2021, via Resolution No. 2021-273 the Grand Island City Council approved entering into an agreement with Olsson, Inc. of Grand Island, Nebraska in the amount of $65,028.00 for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1; and WHEREAS, the original agreement is now being amended to include construction phase services and project closeout for such project; and WHEREAS, such amendment is in the amount of $69,400.00, for a revised agreement amount of $134,428.00; and WHEREAS, Amendment No. 1 to the original agreement with Olsson, Inc. of Grand Island, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Olsson, Inc. of Grand Island, Nebraska for construction phase services and project closeout related to 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 123 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-10 #2022-141 - Approving Transfer of Water Irrigation Rights in the Area of Old Potash Highway and North Road- Parcel No.’s 400201001, 400200933, and 400475310 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 124 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 24, 2022 Subject:Approving Transfer of Water Irrigation Rights in the Area of Old Potash Highway and North Road- Parcel No.’s 400201001, 400200933, and 400475310 Presenter(s):John Collins PE, Public Works Director Background Over the past several years Public Works Engineering staff has been working on land acquisitions related to the Moore’s Creek drainage improvements, which will extend drainage to the southwest, serve current areas, as well as the proposed US Highway 30 realignment project. During property negotiations for the necessary land, and subsequent executed Purchase Agreements the seller retained the right to transfer the irrigation water rights pertaining to the subject property. The executed agreements and corresponding resolutions are attached for reference. Parcel No. 400201001 Resolution No. 2019-351 Parcel No. 400200933 Resolution No. 2013-184 Parcel No. 400475310 Resolution No. 2019-351 Discussion City Council approval is required for the City of Grand Island to transfer the water irrigation rights from the subject parcels noted above per the seller of such. There is no cost to the City in relation to this transaction. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 5/24/2022 Page 125 / 234 Recommendation City Administration recommends that the Council approve the resolution transferring the water irrigation rights. Sample Motion Move to approve. 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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the transfer of water irrigation rights on the parcels listed above is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the necessary Central Platte Natural Resources District document on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 171 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-11 #2022-142 - Approving Certificate of Final Completion for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 172 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 24, 2022 Subject:Approving Certificate of Final Completion for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $172,213.20 contract on December 28, 2021, via Resolution No. 2021-366, for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12. Public Works is taking a proactive approach in rehabilitating sanitary sewer throughout the City to avoid failures. This project fixed known pipe breaks on sewer mains in difficult to access locations. The first part of the engineering work was for investigation and conceptual design. Various alternatives such as open cut repairs or pipe lining solutions were looked at to fix known issues. Existing conditions of the pipe with video inspections, local site conditions, and property owners were reviewed and evaluated. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. Construction was completed for a total cost of $135,327.35. Additional project costs are shown below. ADDITIONAL COSTS City of Grand Island- PW Engineering Engineering Services $ 5,504.21 Grand Island Independent Advertising $ 105.08 Total Additional Costs= $ 5,609.29 Total project cost is $140,936.64. Grand Island Council Session - 5/24/2022 Page 173 / 234 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S- 12. Sample Motion Move to approve the Certificate of Final Completion. Grand Island Council Session - 5/24/2022 Page 174 / 234 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12 CITY OF GRAND ISLAND, NEBRASKA May 24, 2022 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract awarded December 28, 2021. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Item No.Description Total Quantity Unit Unit Price Total Cost BASE BID- PIPE REPAIR 22575 1 MOBILIZATION/DEMOBILIZATION 1.00 LS $ 2,500.00 $ 2,500.00 2 SANITARY SEWER REPAIR- TYPE 1 1.00 EA $ 9,000.00 $ 9,000.00 3 REMOVE AND REPLACE 8" CONCRETE PAVEMENT 72.00 SY $ 125.60 $ 9,043.20 Base Bid Total= $ 20,543.20 ADD ALTERNATE "B"- PIPE 21873 1 MOBILIZATION/DEMOBILIZATION 2.00 LS $ 1,700.00 $ 3,400.00 2 SANITARY SEWER REPAIR- TYPE 2 2.00 EA $ 7,900.00 $ 15,800.00 3 SUPPLEMENT GRAVEL IN ALLEY 98.30 TON $ 34.50 $ 3,391.35 CO1-1 SANITARY SEWER REPAIR- TYPE 3 1.00 EA $ 9,965.00 $ 9,965.00 CO1-2 REMOVE AND REPLACE 8" CONCRETE PAVEMENT 18.00 SY $ 125.60 $ 2,260.80 Add Alternate "B" Total= $ 34,817.15 ADD ALTERNATE "C"- PIPE REPAIR 21871 1 MOBILIZATION/DEMOBILIZATION 0.00 LS $ 1,500.00 $ - 2 SANITARY SEWER REPAIR - TYPE 2 0.00 EA $ 7,900.00 $ - 3 SANITARY SEWER REPAIR- TYPE 3 0.00 EA $ 9,965.00 $ - 4 SUPPLEMENT GRAVEL IN ALLEY 0.00 TON $ 34.50 $ - Add Alternate "C" Total= $ - Grand Island Council Session - 5/24/2022 Page 175 / 234 ADD ALTERNATE "D"- PIPE REPAIR 20914 1 MOBILIZATION/DEMOBILIZATION 1.00 LS $ 2,000.00 $ 2,000.00 2 SANITARY SEWER REPAIR- TYPE 3 1.00 EA $17,535.00 $ 17,535.00 3 SUPPLEMENT GRAVEL IN ALLEY 10.00 TON $ 34.50 $ 345.00 4 DEWATERING 1.00 LS $22,935.00 $ 22,935.00 Add Alternate "D" Total= $ 42,815.00 ADD ALTERNATE "E"- PIPE REPAIR 20911 1 MOBILIZATION/DEMOBILIZATION 1.00 LS $ 2,300.00 $ 2,300.00 2 SANITARY SEWER REPAIR- TYPE 3 1.00 EA $ 22,820.00 $ 22,820.00 3 SITE RESTORATION 2,560.00 SF $ 4.70 $ 12,032.00 Add Alternate "D" Total= $ 37,152.00 Total Project Cost= $ 135,327.35 Additional Costs: City of Grand Island- PW Engineering Engineering Services $ 5,504.21 Grand Island Independent Advertising $ 105.08 Total Additional Costs= $ 5,609.29 Total Project Cost= $140,936.64 I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12 be approved. ___________________________________________________________________________ John Collins – City Engineer/Public Works Director Roger G. Steele – Mayor Grand Island Council Session - 5/24/2022 Page 176 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-142 WHEREAS, the City Engineering/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12 certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed such project for the total construction amount of $135,327.35; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, additional project costs equate to $5,609.29, as shown ADDITIONAL COSTS City of Grand Island- PW Engineering Engineering Services $ 5,504.21 Grand Island Independent Advertising $ 105.08 $ 5,609.29 WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2021-S-12, in the total amount of $140,936.64 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 177 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-12 #2022-143 - Approving Certificate of Final Completion for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 178 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:May 24, 2022 Subject:Approving Certificate of Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street Presenter(s):John Collins PE, Public Works Director Background Wilkinson Industrial of Shelton, Nebraska was awarded a $70,488.00 contract on November 23, 2021, via Resolution No. 2021-332, for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street. On April 4, 2022 during a site visit with Wilkinson Industrial and Public Works Engineering staff it was determined that additional railing, beyond what was originally bid, required blasting and coating. The cost of such additional work was $1,500.00, resulting in a revised contract amount of $71,988.00. In accordance with Section 27-34 of Grand Island City Code this additional work was approved by the Public Works Director, as it was within 5% of the original contract amount. This project addressed maintenance and repair items identified during Olsson, Inc.’s Structural Investigation and Recommendations Report dated April 23, 2021 within the parking ramp at 103 North Locust Street. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. Construction was completed for a total cost of $71,988.00. Additional project costs are shown below. ADDITIONAL COSTS City of Grand Island- PW Engineering Engineering Services $ 1,743.23 Grand Island Independent Advertising $ 113.43 Total Additional Costs= $ 1,856.66 Total project cost is $73,844.66. Grand Island Council Session - 5/24/2022 Page 179 / 234 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street. Sample Motion Move to approve the Certificate of Final Completion. Grand Island Council Session - 5/24/2022 Page 180 / 234 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street CITY OF GRAND ISLAND, NEBRASKA May 24, 2022 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street has been fully completed by Wilkinson Industrial of Shelton, Nebraska under the contract awarded November 23, 2021. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Item No.Description Total Quantity Unit Unit Price Total Cost BASE BID SECTION 1 Clean & Flush all Floor Drains 9.00 EA $ 250.00 $ 2,250.00 2 Clean & Flush Larger Junction Box and Drain Line 1.00 EA $2,250.00 $ 2,250.00 3 Replace Grate on SE Rooftop Floor Drain 1.00 EA $ 753.00 $ 753.00 4 Repair Spalled Areas in Floor Deck, Flange of Tee Beam, and Top of Column on West Wall 15.00 EA $ 871.20 $13,068.00 5 Replace Concrete Sidewalk on North End of Rooftop Level 32.00 SF $ 299.00 $ 9,568.00 6 Repair Seal Joints in Concrete Toping, Slab-on-Grade Floors, Elevated Sidewalks, Wall Joint, and Additional Locations 100.00 SF $ 10.85 $ 1,085.00 7 Rout and Seal Cracks in Concrete Topping, Elevated Sidewalks, Precast Walls, and Additional Locations 200.00 LF $ 10.17 $ 2,034.00 8 Power Wash and Seal Rooftop Level 22,200.00 SF $ 0.88 $19,536.00 9 Power Wash and Seal Lower Level 11,100.00 SF $ 0.90 $ 9,990.00 10 Remove Rust & Repaint Guardrail on Northwest Stairwell 1.00 EA $ 8,333.00 $ 8,333.00 11 Re-install Rain Track in Lower Level 1.00 EA $ 1,621.00 $ 1,621.00 Base Bid Total= $70,488.00 CHANGE ORDER NO. 1 (CITY CODE SECTION 27-34) CO1-1 Remove Rust & Repaint Guardrail of Southeast Stairwell 1.00 EA $1,500.00 $1,500.00 Change Order No. 1 Total= $1,500.00 Total Project Cost= $71,988.00 Grand Island Council Session - 5/24/2022 Page 181 / 234 Additional Costs: City of Grand Island- PW Engineering Engineering Services $ 1,743.23 Grand Island Independent Advertising $ 113.43 Total Additional Costs= $ 1,856.66 Total Project Cost= $73,844.66 I hereby recommend that the Engineer’s Certificate of Final Completion for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street be approved. ___________________________________________________________________________ John Collins – City Engineer/Public Works Director Roger G. Steele – Mayor Grand Island Council Session - 5/24/2022 Page 182 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-143 WHEREAS, the City Engineering/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street certifying that Wilkinson Industrial of Shelton, Nebraska, under contract, has completed such project for the total construction amount of $71,988.00; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, additional project costs equate to $1,856.66, as shown ADDITIONAL COSTS City of Grand Island- PW Engineering Engineering Services $ 1,743.23 Grand Island Independent Advertising $ 113.43 $ 1,856.66 WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Parking Ramp Maintenance & Repairs- 2021; 103 North Locust Street, in the total amount of $73,844.66 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 183 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-13 #2022-144 - Approving Amendment No. 2 for Various Locations Drainage Projects with JEO Consulting Group, Inc. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/24/2022 Page 184 / 234 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director- Engineering Meeting:May 24, 2022 Subject:Approving Amendment No. 2 for Various Locations Drainage Projects with JEO Consulting Group, Inc. Presenter(s):John Collins PE, Public Works Director Background The Various Locations Drainage Projects; Brookline Drive and Henry Street/ South Street Intersection will plan, design, and build projects to improve drainage. One project is improving drainage along Brookline Drive. City staff have looked at several options, but constructing a concrete cur band gutter street appears to be the best alternative. The other project is paving the intersection of Henry Street and South Street. With the heavy truck traffic and large amounts of water drainage from the north, this appears to be the preferred option to fix drainage problems. On September 28, 2021, via Resolution No. 2021-250, City Council approved an engineering services agreement with JEO Consulting Group, Inc. of Grand Island, Nebraska in the amount of $96,970.00 for the various drainage projects in FY 2022. On March 8, 2022 Street Improvement District No. 1266; Circle Drive, which consists of the northwest area of Stewart Place Subdivision was presented to City Council for creation. Upon Council discussion Public Works was directed to design, bid and construct this paving and drainage improvement at City cost, rather than through the assessment district. On April 12, 2022, via Resolution No. 2022-97, City Council approved Amendment No. 1 to the original agreement with JEO Consulting Group, Inc. of Grand Island, Nebraska in the amount of $13,045.00 for engineering services on Street Improvement District No. 1266; Circle Drive. This amendment resulted in a revised agreement amount of $110,015.00. Grand Island Council Session - 5/24/2022 Page 185 / 234 Discussion The Public Works Engineering office has received multiple complaints from residents in the neighborhood of Tri Street and Highway 34 regarding poor drainage after the recent development in the area. It is recommended to amend the engineering services agreement with JEO Consulting Group, Inc. to evaluate and possibly design a solution. A preliminary design of Tri Street south to the end of existing pavement on Lake Street would be done to make sure a future paving project/district would not be hindered by any possible work done today. Amendment No. 2 will increase the original agreement with JEO Consulting Group, Inc. by $13,895.00, resulting in a revised amount of $123,910.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No. 2 to the original agreement with JEO Consulting Group, Inc. of Grand Island, Nebraska, in the amount of $13,895.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/24/2022 Page 186 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-144 WHEREAS, on September 28, 2021, via Resolution No. 2021-250, City Council approved an engineering services agreement with JEO Consulting Group, Inc. of Grand Island, Nebraska in the amount of $96,970.00 for the various drainage projects in FY 2022; and WHEREAS, On March 8, 2022 Street Improvement District No. 1266; Circle Drive, which consists of the northwest area of Stewart Place Subdivision was presented to City Council for creation; and WHEREAS, on April 12, 2002, via Resolution No. 2022-97, City Council approved Amendment No. 1 to the original agreement in the amount of $13,045.00 for engineering services on Street Improvement District No. 1266; Circle Drive; and WHEREAS, the Public Works Engineering office has received multiple complaints from residents in the neighborhood of Tri Street and Highway 34 regarding poor drainage after the recent development in the area; and WHEREAS, it is recommended to amend the engineering services agreement with JEO Consulting Group, Inc. to evaluate and design a possible solution; and WHEREAS, Amendment No. 2 will increase the original agreement with JEO Consulting Group, Inc. by $13,895.00, resulting in a revised amount of $123,910.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 with JEO Consulting Group, Inc. of Grand Island, Nebraska for various drainage projects FY 2022 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 187 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-14 #2022-145 - Approving Acquisition of Property commonly known as Kaufman Plaza (Amur Real Estate I, LLC) This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Stacy Nonhof, Interim City Attorney Grand Island Council Session - 5/24/2022 Page 188 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-145 WHEREAS, property is being acquired by the City of Grand Island from Amur Real Estate I, LLC, described as follows: A TRACT OF LAND COMPRISING THE WESTERLY FORTY (40) FEET OF VACATED WHEELER AVENUE LOCATED BETWEEN LOT FIVE (5), BLOCK FIFTY-SIX (56) AND LOT EIGHT (8), BLOCK FIFTY-SEVEN (57), ORIGINAL TOWN OF GRAND ISLAND, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. WHEREAS, an agreement for the acquisition has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the acquisition on the above described tract of land, in the amount of $0.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 189 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-15 #2022-146 - Approving Acquisition of Property commonly known as Kaufman Plaza (Panthera Investment Group, LLC) This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Stacy Nonhof, Interim City Attorney Grand Island Council Session - 5/24/2022 Page 190 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-146 WHEREAS, property is being acquired by the City of Grand Island from Panthera Investment Group LLC, described as follows: A TRACT OF LAND COMPRISING THE EASTERLY FORTY (40) FEET OF VACATED WHEELER AVENUE LOCATED BETWEEN LOT FIVE (5), BLOCK FIFTY-SIX (56) AND LOT EIGHT (8), BLOCK FIFTY-SEVEN (57), ORIGINAL TOWN OF GRAND ISLAND, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. WHEREAS, an agreement for the acquisition has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the acquisition on the above described tract of land, in the amount of $0.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 191 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-16 #2022-147 - Approving CHI-Nebraska Land Sale – Authorize Mayor to Execute Closing Documents Staff Contact: Jerry Janulewicz Grand Island Council Session - 5/24/2022 Page 192 / 234 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:May 26, 2022 Subject:CHI-Nebraska Land Sale – Approve Title Insurance Gap Indemnity Presenter(s):Jerry Janulewicz Background CHI –Nebraska is requesting a title insurance gap policy as part of the closing of the sale. Gap closings are transactions where, after documents and funds are delivered, there remains an interval of time before recording of the documents. As with traditional closings, a title policy is issued insuring title typically from the date of the most recent title commitment. The title insurance company insures the “gap” between the closing table and the recording of documents. With respect to this transaction, funds will be wired to the title insurance company and we will send the deed by courier service for a closing on June 2. It will be several days thereafter before the deed is presented to the register of deeds for recording. The gap coverage insures against liens, special assessments, and other matters being recorded against the property during the gap period. Discussion The Buyer’s title insurance provider will not issue the gap coverage unless the City executes and delivers an “Owner’s Certification and Gap Indemnity” whereby the City agrees to indemnify the title insurance company for matters that would become an encumbrance or lien on the property during the gap period. City Council approval of the gap indemnity is required to permit its execution by the City’s Mayor on behalf of the City. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date Grand Island Council Session - 5/24/2022 Page 193 / 234 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Owner’s Certification and Gap Indemnity. Sample Motion Move to approve the resolution for Owner’s Certification and Gap Indemnity. Grand Island Council Session - 5/24/2022 Page 194 / 234 OWNER’S CERTIFICATION AND GAP INDEMNITY A.The undersigned, City of Grand Island in the State of Nebraska (Owner”) which owns title to the real property located in the City ofGrand Island, County of Hall, State of Nebraska (the “Property”) described in the Commitment for Title Insurance issued under Order NCS-1108782- LA2 (the “Commitment”), and in consideration of First American Title Insurance Company ( the “Company”) issuing its policies of title insurance insuring an interest in the Property under said order number, hereby represents and certifies as follows: 1.That Owner is the owner of the Property and has not conveyed title to the Property to any third party and is not aware of any third party disputing the Owner’s ownership of the Property; 2.That there are no delinquent real estate taxes or unpaid current real estate taxes; nor any pending or levied assessments on the Property, including but not limited to those for trees, sidewalks, streets, sewers and water lines; 3.That Owner has not contracted for any labor to be supplied to the Property, or for any materials to be delivered thereto that might become the subject of a lien upon the Property except as shown on the attached Exhibit A, nor has Owner received any notice regarding, and does not know of any improvement, alteration or change in progress or recently completed by a tenant in or about the Property, except as shown on the attached Exhibit A. That there has not been any new construction or major repair work performed on the Property for at least One Hundred and Twenty (120) days prior to the date hereof that has not been completed and paid for in full, except as shown on the attached Exhibit A; 4.That the Owner is in sole possession of the Property, and that no other party has possession, or has a right of possession under any tenancy, lease or other agreement, written or oral, except as shown on the attached Exhibit B, and that in connection with any such possessory right, lease or other agreement, there are no rights of first refusal, rights or first offer, or options to purchase all or any portion of the Property. 5.That the covenants and restrictions, if any, shown in the Commitment have not been violated by the erection of the improvements on the Property or the use of the Property, and there are no known facts which would cause such violation, nor has Owner received any notices of any violations thereof. 6.In order to induce the Company to issue its policies of title insurance with full knowledge that the Company will rely upon the accuracy of the statements made herein, Owner hereby agrees to hold the Company harmless from and indemnify the Company against any and all loss, cost, damage or expense of every kind, including attorneys’ fees, which the Company may suffer or incur or become liable for under its said policies directly or indirectly, due to its reliance on the accuracy of the foregoing representations or in connection with its enforcement of its rights under this certificate and indemnity. B.The Owner acknowledges and agrees as follows: 1.The Company is unwilling to issue said policy or policies until the closing instrument(s) under which the proposed insured acquires an interest in the Property is/are filed for record in the appropriate recording office(s) (the “Recording Date”); 2.The parties in the transaction have requested the Company to provide a so-called “New York Style Closing” which provides for the unconditional delivery, upon the closing, of the title policies concurrently with the delivery of the instrument(s) between the parties and the passing of consideration therefor; Grand Island Council Session - 5/24/2022 Page 195 / 234 3.In consideration of the Company issuing its policies without taking exception therein for matters which may arise between the most recent effective date of the Commitment (the “Effective Date”) and the Recording Date, known as the “Gap Period”, and which matters may constitute an encumbrance, lien or objectionable matter to or may affect said title (collectively, “Objections to Title”), the Owner agrees to promptly defend, remove, bond or otherwise dispose of any Objections to Title which may arise or be filed, as the case may be, against the Property during the Gap Period, and to hold the Company harmless from and indemnify the Company against all expenses, costs and reasonable attorneys’ fees which may arise out of Owner’s failure to so remove, bond or otherwise dispose of any of said Objections to Title. Dated:__________________________ City of Grand Island By:________________________________ Roger G. Steele, Mayor Execution authorized by Resolution #2022-_____ Approved as to form: ____________________________ Stacy Nonhof, Interim City Attorney Grand Island Council Session - 5/24/2022 Page 196 / 234 EXHIBIT A WORK AT PROPERTY None Grand Island Council Session - 5/24/2022 Page 197 / 234 EXHIBIT B PARTIES IN POSSESSION AT PROPERTIES RIGHTS OF FIRST REFUSAL, RIGHTS OF FIRST OFFER OR OPTIONS TO PURCHASE None. Grand Island Council Session - 5/24/2022 Page 198 / 234 1 82821816.2 Drafted by and Return to: Polsinelli PC 900 W. 48th Place, Suite 900 Kansas City, MO 64112 Attn: Paul Boppart, Esq. RESTRICTIVE COVENANT AGREEMENT THIS RESTRICTIVE COVENANT AGREEMENT (“Agreement”) is executed as of _________, 2022 (the “Effective Date”) by CITY OF GRAND ISLAND, a body politic and corporate and a political subdivision of the State of Nebraska (“City”) and CHI NEBRASKA, a Nebraska nonprofit corporation (“CHI”). RECITALS WHEREAS, City is the owner of certain property more particularly described on Exhibit A attached hereto and made a part hereof (the “City Property”); WHEREAS, CHI is the owner of that certain adjacent property more particularly described on Exhibit B attached hereto and made a part hereof (the “CHI Property”); WHEREAS, City and CHI desire to memorialize certain restrictive covenants restricting the use of a portion of the City Property for the benefit of the CHI Property. AGREEMENT NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and CHI hereby agree as follows: 1.Restrictive Covenant. City and CHI hereby agree and acknowledge that a portion of the City Property shall be subject to the following restrictive covenant (“Restrictive Covenant”) for a period of ten (10) years from the Effective Date: “No portion of the City Property within three hundred (300) feet of the CHI Property (the “Restricted Property”) may be used for any of the following uses: surgery centers, medical clinics, imaging centers, pharmacies, or physical therapy clinics.” Grand Island Council Session - 5/24/2022 Page 199 / 234 2 82821816.2 2.Breach of Agreement. If any party having the benefit or burden of this Agreement shall fail to comply with or violate any of the provisions of this Agreement, then any other party entitled to the benefit of such provision may institute such actions or proceedings as may be available at law or in equity and are appropriate and permissible, including actions and proceedings to compel specific performance and compel payment of damages, expenses and costs. All costs and expenses, if any, of such suit or proceeding, including reasonable attorneys’ fees, shall be assessed against the defaulting party. The remedies provided herein shall be cumulative and not exclusive. 3.Indemnity; Injunctive Relief. (a)Indemnity. Any owner of a fee title interest in any portion of the Restricted Property from time to time, including the City during any period of its ownership (“Owner”) shall indemnify, defend, and hold harmless CHI from any and all claims, demands, liabilities, causes of action, judgements, awards, losses, penalties, fines, assessments, impositions, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs of expert witnesses, court costs, and other expenses of litigation) that may be suffered or incurred by CHI arising from or based on the breach or violation of the provisions of Section 1 of this Agreement by such Owner or the failure of any Owner to cause its respective tenants, subtenants, licensee or invitee to comply with Section 1 of this Agreement. (b)Injunctive Relief. If the Restricted Property is at any time used in violation of this Agreement, the parties agree that no adequate remedy exists at law for such violation, that it would be difficult to ascertain the amount of damages that would result from such violation, and that CHI would suffer irreparable harm from such violation. Therefore, in the event of such violation, CHI may specifically enforce the terms of this Agreement and shall have the right to an injunction to prevent or restrain further violation. 4.Restrictive Covenant Runs with Land. The Restrictive Covenant and other rights and benefits under this Agreement shall run with the land for the benefit of CHI and all future owners of the CHI Property and shall be binding upon City and all future owners of the Restricted Property. 5.Applicable Law and Recording. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Nebraska and this Agreement shall be recorded in the office of the Register of Deeds of Hall County, Nebraska. 6.Written Amendment. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds of Hall County, Nebraska. 7.Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given and served if sent by certified mail, return receipt requested, or by overnight delivery, to the party or parties at the addresses set forth below and either party may, by written notice at any time and from time to time, designate a different address to which notice shall subsequently be sent. Notices given in accordance with the provisions of this paragraph shall be Grand Island Council Session - 5/24/2022 Page 200 / 234 3 82821816.2 deemed received the following day after mailing if sent by overnight delivery or the date actually received as evidenced by the return receipt if sent by certified mail. IF TO GRANTOR:City Clerk City of Grand Island 100 East First Street Grand Island, Nebraska 68802 IF TO GRANTEE:CommonSpirit Health 3400 Data Drive Rancho Cordova, CA 95670 Attn: National Real Estate Services With a copy to:CommonSpirit Health 3200 N. Central Avenue, 23rd Floor Phoenix, AZ 85012 Attn: Legal Team And to:CommonSpirit Health 198 Inverness Drive West Englewood, CO 80112 Attn: System SVP National Real Estate Services 8.Severability. If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstance shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law. 9.Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Agreement may be executed and notarized on separate pages, and when attached to this Agreement shall constitute one complete document. [SIGNATURE PAGE FOLLOWS] Grand Island Council Session - 5/24/2022 Page 201 / 234 4 82821816.2 IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the day and year first above written. CITY: CITY OF GRAND ISLAND By: Roger G. Steele, Mayor STATE OF NEBRASKA § § COUNTY OF HALL § This instrument was acknowledged before me on the ___ day of ___________, 2022, by Roger G. Steele, the Mayor of the City of Grand Island, a body politic and corporate and a political subdivision of the State of Nebraska, on behalf of said entity. Notary Public State of Nebraska My commission expires: (STAMP) Approved as to form: _____________________________ Stacy Nonhof, Interim City Attorney Grand Island Council Session - 5/24/2022 Page 202 / 234 5 82821816.2 IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the day and year first above written. CHI: CHI NEBRASKA, a Nebraska nonprofit corporation By: Name: Title: STATE OF ____________§ § COUNTY OF _________ § This instrument was acknowledged before me on the ___ day of ____________, 2022, by _____________, the __________ of CHI Nebraska, a Nebraska nonprofit corporation, on behalf of said corporation. Notary Public State of My commission expires: (STAMP) Grand Island Council Session - 5/24/2022 Page 203 / 234 6 82821816.2 EXHIBIT A Legal Description of the City Property Grand Island Council Session - 5/24/2022 Page 204 / 234 7 82821816.2 EXHIBIT B Legal Description of the CHI Property Grand Island Council Session - 5/24/2022 Page 205 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-147 WHEREAS, the sale of Lot 3 in Veterans Legacy South Subdivision was approved by the adoption of Ordinance No. 9875; and WHEREAS, the terms of the purchase sale agreement included title insurance gap coverage and a restrictive covenant agreement; and WHERAS, the closing will require the City to execute and deliver an Owner’s Certification and Indemnity and a Restrictive Covenant Agreement and may also require execution of a real estate closing statement and other related documents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the City’s Mayor is hereby authorized to execute necessary documents for the closing of the sale of Lot 3 in Veterans Legacy South Subdivision, to include the Owner’s Certification and Indemnity, the Restrictive Covenant Agreement, a real estate closing statement, and other related documents. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 206 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-17 #2022-148 - Approving Amendment to Jaxson Subdivision Agreement Staff Contact: Chad Nabity Grand Island Council Session - 5/24/2022 Page 207 / 234 Council Agenda Memo From:Regional Planning Commission Meeting:May 24, 2022 Subject:Jaxson Subdivision – Subdivision Agreement Amendment Presenter(s):Chad Nabity, AICP, Regional Planning Director Background Jaxson Subdivision, located west of North Road and south of Old Potash Highway was approved by the Grand Island City Council on November 10, 2021. Staff and the developer are requesting that Council approve the attached amendment to the Subdivision Agreement specifically paragraph 6, Sidewalks and paragraph 8, Design and Construction. Discussion The original paragraph 6 Sidewalks anticipated a 10’ trail would be constructed adjacent to Old Potash Highway as approved by the City Engineer. The configuration of the existing road and ditch and the anticipated elevation of the lots does not allow for a 10’ foot wide trail but will accommodate an 8’ trail along this stretch of Old Potash. Staff is recommending the approval of an 8’ trail instead of just allowing a 5’ sidewalk. The Original Agreement anticipated the development of 192 units of apartment in buildings with 3 or 5 units in each building. Due to lot constraints and requirement for accessibility most of the 5 unit buildings will likely be changed to 4 unit buildings. The proposed changes would allow up to 192 units of housing in 3 to 5 unit buildings. 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 Jaxson Subdivision 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 paragraph 8 will eliminate any confusion and make it clear that projections from the building are permitted in the same manner that they would be Grand Island Council Session - 5/24/2022 Page 208 / 234 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 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 - 5/24/2022 Page 209 / 234 Grand Island Council Session - 5/24/2022 Page 210 / 234 Return to: RaNae Edwards City Clerk 100 East 1st Street Grand Island, NE 68801 SUBDIVISION AGREEMENT AMENDMENT All of Jaxson Subdivision Including Lots 1-16 and Outlot A In the City of Grand Island, Hall County, Nebraska WHEREAS, 3MJR LLC,as owner of the tracts of land in the City of Grand Island, Hall County Nebraska, more particularly described as follows: All of Jaxson Subdivision including Lots 1-16 and Outlot A 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 Jaxson Subdivision in the City of Grand Island, Hall County Nebraska, recorded as Document No. 202110278 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: 6.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island. The Subdivider shall install a 10 eight foot (8’) hike bike trail along Old Potash Highway according to plans approved by the City Engineer within the subdivision, and shall if permitted, extend the hike bike trail along the city property to the east to Grand Island Council Session - 5/24/2022 Page 211 / 234 North Road. The Subdivider shall provide sidewalks adjacent to the private streets when each lot is built upon. 8.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 no more than 192 units of single story 2 and 3 bedroom apartments in buildings with between 3 or and 5 units per building as shown in the attached development plan and 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. 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 - 5/24/2022 Page 212 / 234 Dated _____________________, 2022. 3MJR LLC, a By: ____________________________________ Joshua R. Rhoads, 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 Joshua R. Rhoads, Member 3MJR LLC,, 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 - 5/24/2022 Page 213 / 234 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 - 5/24/2022 Page 214 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-148 WHEREAS know all men by these presents, 3MJR LLC, as owner of the tracts of land in the City of Grand Island, Hall County Nebraska, more particularly described as follows: All of Jaxson Subdivision including Lots 1-16 and Outlot A in the City of Grand Island, Hall County, Nebraska, collectively referred to as the Property; and wishes 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, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 215 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-18 #2022-149 - Approving Proposal for Roof Replacement at City Hall Staff Contact: Craig Lewis Grand Island Council Session - 5/24/2022 Page 216 / 234 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:May 24, 2022 Subject:Request for Proposals for the Replacement of the Roof Covering System on City Hall Presenter(s):Craig Lewis, Building Department Director Background On March 28, 2022 the City of Grand Island issued a request for proposal for the replacement of the roof covering system at City Hall. Three proposal were received on May 5, 2022 ranging in cost from $198,864.00 to $60,916.00. Discussion The proposals received were: Weathercraft Co. of Grand Island, Grand Island, NE. -- $198,864.00 Tri-Cities Roofing & Sheet Metal, Grand Island, NE. -- $154,482.57 Scarborough Const. Inc., Grand Island, NE. -- $60,916.00 Tri-Cities Roofing & Sheet Metal of Grand Island submitted the lowest responsive proposal for a replacement roof covering system. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the proposal from Tri-Cities Roofing & Sheet Metal. 2.Disapprove or /Deny all of the submitted proposals. 3.Modify the proposals to meet the wishes of the Council 4.Table the issue Grand Island Council Session - 5/24/2022 Page 217 / 234 Recommendation City Staff recommends that the Council approve the request for proposal submitted by Tri-Cities Roofing & Sheet Metal in the amount of $154,482.57. Sample Motion Move to approve the proposal submitted by Tri-Cities Roofing & Sheet Metal for the amount of $154,482.57 and authorize the Mayor to sign the proposal. Grand Island Council Session - 5/24/2022 Page 218 / 234 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ROOF REPLACEMENT CITY HALL RFP DUE DATE:May 5, 2022 at 4:00 p.m. DEPARTMENT:Building PUBLICATION DATE:April 6, 2022 NO. POTENTIAL BIDDERS:6 PROPOSALS RECEIVED Scarborough Const., Inc.Tri-Cities Roofing & Sheet Metal Grand Island, NE Grand Island, NE Weathercraft Co. Grand Island, NE cc:Craig Lewis, Building Department Director Karla Collinson, Building Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Clint Rempe, Building Maintenance P2370 Grand Island Council Session - 5/24/2022 Page 219 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-149 WHEREAS, the City of Grand Island published a request for proposal for the roof replacement to the Grand Island City Hall located at 100 E. 1st Street; and WHEREAS, three (3) proposal were received and evaluated; and WHEREAS, the City has determined the most beneficial proposal for the roofing project was submitted by Tri-Cities Roofing & Sheet Metal of Grand Island to install a new roofing membrane. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be authorized to sign the proposal submitted by Tri-Cities Roofing & Sheet Metal in the amount of $154,482.57 for the installation of a new Firestone EPDM roofing system. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 220 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item G-19 #2022-150 - Approving Amendment No. 5 to Energy Management Agreement with Tenaska Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/24/2022 Page 221 / 234 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:May 24, 2022 Subject:Amendment No. 5 to Marketing Agreement with Tenaska Presenter(s):Tim Luchsinger, Utilities Director Background At the May 12, 2012 meeting, City Council approved a Marketing Agreement with Tenaska. This agreement provided a means for the Utilities Department to buy and sell power through the regional Southwest Power Pool (SPP) market. On March 24, 2020, the second amendment to the agreement was approved to allow Tenaska to market excess ARR/TCR’s on a commission basis. Discussion Tenaska has proposed an amendment to the original Marketing Agreement ARR/TCR Services. ARR (Auction Revenue Rights) and TCR (Transmission Congestion Rights) are components of our electric transmission transactions that we must regularly conduct to receive energy from our participation in generating facilities outside of Grand Island, and currently, our excess ARR/TCR’s are not used. The Southwest Power Pool Transmission Congestion Rights Markets (TCR Markets) provide financial rights that can be used to hedge against the Day-Ahead Market transmission congestion between two settlement locations. The SPP TCR Markets process uses two forms of rights. First, the TCR is used to distribute the Day-Ahead congestion rents that occur each hour. Second, the Auction Revenue Rights (ARRs) are used for the distribution of the revenue generated in the auctioning and awarding of TCRs. TCRs and ARRs are source-to-sink (point-to-point) instruments that are awarded in 0.1 MW increments. The SPP TCR Markets process consists of an annual process followed by monthly processes to award Long-Term Congestion Rights (LTCRs) and On-Peak and Off-Peak ARRs and TCRs. The annual ARR and TCR process includes 14 distinct products, one product for each unique combination of On-Peak or Off-Peak Time of Use across the seven different periods that make up the TCR year (June through the following May). Those seven periods are: June, July, August, September, fall, winter and spring. The seasonal products are separated into monthly products before the applicable SPP TCR Markets monthly Grand Island Council Session - 5/24/2022 Page 222 / 234 process. These are speculative markets and therefore can be monetary losses and our staff does not have the expertise to analyze these markets, nor do we want to be in a position where we are incurring avoidable risk. Via the Second Amendment to the original Contract, Tenaska was given the authority to participate in the ARR/TCR annual market with Grand Island’s excess ARR/TCR’s on a commission basis based on their acceptance of all risk and any financial loss. The proposed amendment herein will, additionally, give Tenaska the authority to participate in the ARR/TCR monthly market with our excess ARR/TCR’s on a commission basis while continuing to accept all risk. Alternatives It appears that the Council that the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Fifth Amendment to the Tenaska SPP Marketing Agreement. Sample Motion Move to approve the Fifth Amendment to the Tenaska SPP Marketing Agreement. Grand Island Council Session - 5/24/2022 Page 223 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-150 WHEREAS, at the May 22, 2012 meeting, Council approved a Marketing Agreement with Tenaska to provide a means for the Utilities Department to buy and sell power through the regional Southwest Power Pool (SPP) market; and WHEREAS, Auction Revenue Rights (ARR) and Transmission Congestion Rights (TCR) are components of our electric transmission transactions that we must regularly conduct to receive energy from our participation in generating facilities outside of Grand Island, and currently, our excess ARR/TCR’s are not used; and WHEREAS, at the March 24, 2020 meeting, Council approved Amendment #2 to the original Marketing Agreement to allow Tenaska the ability to participate in the annual ARR/TCR market with our excess ARR/TCR’s on a commission basis based on their acceptance of all risk and financial loss; and WHEREAS, Tenaska proposes under the terms of Amendment #5 to also participate in the monthly ARR/TCR markets with our excess ARR/TCR’s on a commission basis based on their acceptance of all risk and financial loss. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #5 to the Marketing Agreement with Tenaska 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, May 24, 2022. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 224 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item I-1 #2022-151 - Consideration of Approving the Redevelopment Plan for CRA No. 36 for Property Located South of Nebraska Highway 2 and East of Independence Avenue Along Montana Avenue, Grand Island, Nebraska for Commercial and Residential Purposes (Paramount Development) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 5/24/2022 Page 225 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-151 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 36 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to redevelop property residential purposes including necessary costs for acquisition, site work, sidewalks along with eligible planning expenses and fees associated with the redevelopment project and that such project would not be economically feasible without such aid as is proposed within the Redevelopment Plan. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 5/24/2022 Page 226 / 234 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 36 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The CRA is authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Grand Island Council Session - 5/24/2022 Page 227 / 234 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 228 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item I-2 #2022-152 - Consideration of Approving Appointment of Keith Kurz as Interim Public Works Director/City Engineer Staff Contact: Mayor Roger Steele Grand Island Council Session - 5/24/2022 Page 229 / 234 Council Agenda Memo From:Roger G. Steele, Mayor Meeting:May 24, 2022 Subject:Appointment of Keith Kurz at Interim Public Works Director/City Engineer Presenter(s):Roger G. Steele, Mayor Background John Collins, current Public Works Director/City Engineer, gave notice of his retirement effective May 31, 2022. According to Article III – Appointed and Hired Officials, Section 2-30 Officers; Appointive of the Grand Island City Code and Neb. Rev. Stat., §16-308, the Mayor is required to appoint statutory officers for his term. Statutory officers include: 1).City Administrator 2).City Attorney 3)City Clerk 4)City Engineer/Public Works Director 5)City Treasurer/Finance Director These officers also must be approved by the City Council. Discussion According to Grand Island City Code Section 2-30, I am requesting approval of Keith Kurz as the Interim Public Works Director/City Engineer. Mr. Kurz presently serves as the Assistant Public Works Director in the Finance Department. Mr. Kurz earned a Bachelor’s Degree in Civil Engineering from the University of Nebraska-Lincoln and is registered as a Professional Engineer in the State of Nebraska. Mr. Kurz served as a Public Works Engineer with the city prior to taking his current position. Prior to his employment with the City of Grand Island Mr. Kurz worked as a consulting engineer. The interim appointment will become effective May 29, 2022 to coincide with the beginning of a new payroll week. Grand Island Council Session - 5/24/2022 Page 230 / 234 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 Council is recommended to approve the interim appointment of Mr. Kurz. Sample Motion Move to approve the appointment of Keith Kurz as the Interim Public Works Director/City Engineer. Grand Island Council Session - 5/24/2022 Page 231 / 234 Approved as to Form ¤ ___________ May 23, 2022 ¤ City Attorney R E S O L U T I O N 2022-152 WHEREAS, under Neb. Rev. Stat., §16-308, the office of Public Works Director/City Engineer for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, under Grand Island City Code, §2-30, the office of Public Works Director/City Engineer for the City of Grand Island, Nebraska shall be appointed by the mayor and approved by the council; and WHEREAS, the position will become vacant on June 1, 2022 and an interim appointment may be made; and WHEREAS, the Mayor has recommended the appointment of Keith Kurz as Interim Public Works Director/City Engineer effective May 29, 2022 until such time as another appointment is made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Keith Kurz is hereby duly appointed Interim Public Works Director/City Engineer for the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/24/2022 Page 232 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item J-1 Approving Payment of Claims for the Period of May 11, 2022 through May 24, 2022 The Claims for the period of May 11, 2022 through May 24, 2022 for a total amount of $6,398,666.16. A MOTION is in order. Staff Contact: Patrick Brown, Finance Director Grand Island Council Session - 5/24/2022 Page 233 / 234 City of Grand Island Tuesday, May 24, 2022 Council Session Item X-1 Strategy Session with Respect for FOP Union Negotiations The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 5/24/2022 Page 234 / 234