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10-11-2022 City Council Regular Meeting Packet City of Grand Island Tuesday, October 11, 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 - 10/11/2022 Page 1 / 210 City of Grand Island Tuesday, October 11, 2022 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial Drive 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 - 10/11/2022 Page 2 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item E-1 Public Hearing on Zoning Change to Property located at 3600 Husker Highway from R2 Low Density Residential to CD Commercial Development (Innate Development 2, LLC) Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 3 / 210 Council Agenda Memo From:Regional Planning Commission Meeting:October 11, 2022 Subject:Change of Zoning from R2 Low Density Residential Zone to RD Residential Development Zone and CD Commercial Development Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background Innate Development 2 LLC. The owners of 200 acres located north of Husker Highway and west of Prairieview Street are requesting that the zoning on property be changed on a portion of this property from R2 Low Density Residential to RD Residential Development Zone and Commercial Development Zone. The proposal is to build 150 units of three story apartments in 10 unit buildings along with 4 carriage house apartments the Residential Development portion of this property. In the Commercial Development Zone they have plans for a small commercial node to serve the neighborhood. Plans for the commercial node are not solid yet and will require additional approvals by the Planning Commission and Council but at this time include a sports bar, ice cream shop and coffee house. A preliminary plat for the whole development was approved in 2021. A final plat for this second phase (20.109 acres and 23 lots and 10 outlots )of the development is also included for approval. Discussion At the regular meeting of the Regional Planning Commission, held September 7, 2022 the above item was considered following a public hearing. O’Neill opened the public hearing for the rezoning. O’Neill also opened the item # 5 public hearing for Redevelopment Plan Area #33. Nabity stated this is the next phase of Legacy 34 subdivision and is consistent with the preliminary plat that was approved in October 2021. Developers are moving forward with the next phase which involves rezoning the property from R2 to CD. The developers are proposing 154 units of housing. The request is consistent with the plan that was presented last year. Innate Development has also requested Tax Increment Financing to aid in the redevelopment of the project. This project is consistent with the proposed zoning and the future land use Grand Island Council Session - 10/11/2022 Page 4 / 210 plan for the area within the City of Grand Island. The Planning Commission finds that the redevelopment plan is consistent with the Comprehensive Plan. Ron Dupue - 308 North Locust, Grand Island, NE – Mr. Dupue representing Innate Development - was available for questions. O’Neill closed the public hearing. A motion was made by Hendricksen and second by Randone to approve the proposed rezoning and Final Plat of Legacy 34 Second Subdivision. The motion was carried with ten members voting in favor (Nelson, O’Neill, Ruge, Olson, Robb, Monter, Rainforth, Rubio, Hendricksen and Randone) and no members abstaining or voting no (Allan and Doane were absent). The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue 4.Deny the application Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance as presented. Grand Island Council Session - 10/11/2022 Page 5 / 210 Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 29, 2022 SUBJECT:Zoning Change (C-35-2022GI) PROPOSAL:An application has been made to rezone 20.109 acres of property proposed for platting as part of the Legacy 34 development located west of Prairie View Street and north of Husker Highway from R2 Low Density Residential Zone to RD Residential Development Zone and CD Commercial Development Zone. The developers are proposing to build fifteen apartment buildings (150 units) on the property with buildings as shown on the attached plans, four carriage houses and four commercial buildings including a civic center to support the neighborhood.. This is the second change of several that are proposed for the full 200 acre site as shown with the preliminary plat for the whole property. OVERVIEW: Site Analysis Current zoning designation:R2- Low Density Residential Zone Permitted and conditional uses:R2: Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district. Comprehensive Plan Designation:Low to Medium Density Residential proposed as Mixed Use Commercial Existing land uses.Vacant Undeveloped Property Adjacent Properties Analysis Current zoning designations:North: R2- Low Density Residential Zone East: B2 General Business Zone and RD Residential Development Zone West: RD Residential Development Zone South: TA Transitional Agricultural Zone and RO Residential Office Zone Permitted and conditional uses:R2- Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district Grand Island Council Session - 10/11/2022 Page 6 / 210 RD- Residential uses as approved by the submitted plan with density up to 42 units per acre. Churches, schools, parks and retirement facilities are also permitted in this district. Can allow more than one principle use per lot and development of private streets and utilities. TA - Permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. The intent of the zoning district also would allow the raising of livestock to a limit and within certain density requirements. B2 - The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. RO: The intent of this zoning district is to provide the highest density of residential uses as well as for various office, personal services and professional uses. This zoning district is also used as a transitional zone between lower density residential zones and business or manufacturing zones. Comprehensive Plan Designation:West, East, South and North: Mixed Use Commercial Existing land uses:North, and South: Agricultural/ Vacant East: Multifamily Residential and Commercial Lots some are developed some are vacant. West: Multi-Family Residential and vacant property EVALUATION: Positive Implications: In conformance with the City’s Comprehensive Land Use Plan: This particular site is designated for mixed use commercial uses within the plan. This would typically be a combination of commercial and multi-family residential. Grand Island Council Session - 10/11/2022 Page 7 / 210 New Housing Choices in Southwestern Grand Island: Most of the new construction in Grand Island occurs in the northwest part of the city. This proposed development would build 154 new units in the southwestern part of the city. Infill Development: Most of the existing infrastructure is in place to support this development. Sewer and water are available. The developer is proposing a combination of private and public streets to support this development. Provides Housing for Grand Island Residents and potential workers near the newly developed Hospital. Develops a neighborhood commercial node to support this development and the hospital development to the south. Negative Implications: Increased Traffic on Husker Highway: Development of this full 200 acres is likely to increase traffic on Husker Highway. The emphasis on walkability in this subdivision and Hike Bike Trail connection to the Hospital area may help mitigate vehicular traffic by allowing for multiple modes of transportation. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from R2-Low Density Residential Zone to RD- Residential Development Zone and CD Commercial Development Zone. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 10/11/2022 Page 8 / 210 Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan Grand Island Council Session - 10/11/2022 Page 9 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item E-2 Public Hearing on Redevelopment Plan for CRA No. 33 for Redevelopment for Property Located North of Husker Highway and West of Prairie View Street Subdivision (Innate Development LLC) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 10 / 210 Council Agenda Memo From:Chad Nabity, AICP Meeting:October 11, 2022 Subject:Site Specific Redevelopment Plan for CRA Area #33 Innate Development LLC – Millennial Estates Presenter(s):Chad Nabity, AICP CRA Director Background Innate Development LLC is proposing to develop property north of Husker Highway and west of Prairieview Street for residential and commercial uses. They are proposing 154 units of housing and a small neighborhood commercial area. The property is currently zoned R2 Low Density Residential consists of unplatted property that they are proposing to develop as Legacy 34 Second Subdivision; rezoning it to RD Residential Development Zone and CD Commercial Development Zone. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on August 10, 2022 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on September 7, 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 September 7, 2022. The Planning Commission approved Resolution 2022-12 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 403 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) Grand Island Council Session - 10/11/2022 Page 11 / 210 and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #33 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 of the property as well as the site work, grading, streets, utilities, and trails. 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 $9,839,089. 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 - 10/11/2022 Page 12 / 210 Redevelopment Plan Amendment Grand Island CRA Area 33 Amended August 2022 for Legacy 34 2023 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 33 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 33. Executive Summary: Project Description THE REDEVELOPMENT APPROXIMATELY 200 ACRES OF PROPERTY LOCATED WEST OF PRAIRIEVIEW STREET AND NORTH OF HUSKER HIGHWAY IN SOUTHWESTST GRAND ISLAND FOR THE DEVELOPMENT OF A WALKABLE MIXED USE COMMUNITY (DETACHED SINGLE FAMILY RESIDENTIAL, ATTACHED SINGLE FAMILY RESIDENTIAL, MULTIFAMILY RESIDENTIAL, NEIGHBORHOOD SCALE COMMERICAL, AND RECREATIONAL USES) WHILE PROTECTING PRESERVING AND ENHANCING THE NATURAL WETLANDS ON THE PROPERTY. THIS WILL BE A MULTI- PHASE DEVELOPMENT WITH A REDEVELOPEMENT PLAN AMENDMENT FOR EACH PHASE OF THE DEVELOPMENT TO BE APPROVED SEPARATELY. This is a site specific plan for 14.08 acres and the second phase of this development to be referred to as Legacy 34 2023. The Legacy 34 2023 project is located directly east of the Legacy 34 2022 project and will include civic, commercial multifamily residential single family residential and recreational uses. Amenities for the neighborhood and community including hike bike trail extensions, civic center building and green space will also be a part of the Legacy 34 2023 phase of this development. The use of Tax Increment Financing to aid in redevelopment expenses associated with platting and installing the necessary infrastructure (streets, sanitary sewer, water, and storm sewer) for the development of a 7000 square foot civic building, 150 units of apartments in 10 unit buildings, 4 carriage houses and about 11,000 square foot of commercial space planned for a sports bar, ice cream shop and coffee shop. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project feasible as presented this was anticipated with the approval of the general development plan for this property in 2022. The proposed development does not maximize the number of units that can be built on the property but maximizes the livability of the neighborhood by creating a walkable neighborhood with a mix of housing types and recreation features scattered throughout the development. It is anticipated that the Legacy 34 2023 phase of this development will take up to 6 years to complete and that the next phase will likely begin before the last of this one has been developed. Grand Island Council Session - 10/11/2022 Page 13 / 210 Innate Development 2, LLC has purchased the full 200 acres that will encompass this development. The property was annexed in 2011.The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with this project. 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 redevelopment of this property. TAX INCREMENT FINANCING TO PAY FOR THE REDEVELOPMENT OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: Property to be platted as Legacy 34 Second Subdivision in the SE ¼ of the NW ¼ and the E ½ of the SW ¼ and the W ½ of the SE ¼ of 25-11-10 (Parcels 400201089 and 400201097) in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 10/11/2022 Page 14 / 210 Existing Land Use and Subject Property Grand Island Council Session - 10/11/2022 Page 15 / 210 The tax increment on Legacy 34 2023 will be captured for the tax years the payments for which become delinquent in years 2024 through 2046 inclusive. The TIF contract will be structured so it can be amended each year for up to six years to add the buildings to be completed during that year. No single building will be eligible for TIF for a period of more than 15 years. 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 a mix of residential and commercial uses in the project area to be permitted as the project progresses. 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 redevelopment contract amendment, consistent with this Redevelopment Plan. The general plan approved in 2021 anticipated that the whole 200 acre project will be developed in several phases with a redevelopment plan amendment specific to each phase of the development. This is the second of the proposed phases and should be referred to as Legacy 34 2023. The Legacy 34 2023 plan anticipates that buildings constructed each year of the development will constitute new effective date for the purposes of determining the period of fifteen years. Improvements for the overall development may be constructed prior to the development of later phases and eligible expenses from those improvements not covered by early phases may be applied to later phases for reimbursement by TIF funds generated in the later phases. 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, Grand Island Council Session - 10/11/2022 Page 16 / 210 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. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on August 26, 2021.[§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 and has maintained and amended it since that time. Changes to future land use map in the Grand Island Comprehensive Plan for this project were approved in 2021 with Legacy 34 2022. This phase of the project including the multifamily, single family residential, commercial and civic space is consistent with the planned development for this area shown on the future landuse map as mixed use commercial. The Hall County Regional Planning Commission held a public hearing at their meeting on September 7, 2022 and passed Resolution 2022- 13 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 33 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. Grand Island Council Session - 10/11/2022 Page 17 / 210 c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The future land use map for the 2004 plan was amended in 2021 to show the southern portion of this 200 acres as planned for mixed use commercial. Legacy 34 2023 is within the portion planned for mixed use development. This property is in private ownership. [§18-2103(b) and §18-2111] The general plan approved in 2022 anticipated development of 278 single family detached lots, 25 duplex lots, 53 townhouse/condo lots, 300 units of apartments and 6.3 acres of retail and 9 acres of light industrial backing on to the industrial property to the north across the entire 200 acres. The development of this 14 acres is consistent with that original plan. [§18-2111(5)] d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned R-2 Low Density Residential zone and M-1 Light Manufacturing Zone. The property has historically been farmed a permitted use in both of those districts. The plan for a mixed use neighborhood at this location will require a mix of zoning changes. New streets and storm drainage are planned throughout the site as part of the development in a manner consistent with the existing development. It is anticipated that TIF revenues will offset the costs of those improvements and that some of these improvements may be built. No changes are anticipated in building codes or ordinances. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The proposed development will meet the coverage and intensity of use requirements for each phase of the development as it is approved. The overall planned density of the project is less than would be permitted with no changes. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sanitary sewer and water are available to support this development. Both sanitary sewer and water will need to be extended throughout the site. TIF revenues will be used to offset the cost of these public utility improvements. Electric utilities are sufficient for the proposed use of this property. Electric lines 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] Grand Island Council Session - 10/11/2022 Page 18 / 210 City of Grand Island Future Land Use Map Grand Island Council Session - 10/11/2022 Page 19 / 210 Proposed layout for Legacy 34 2023 Phase of the Proposed Development in blue located to the east of Legacy 34 2022 in red. 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 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. Grand Island Council Session - 10/11/2022 Page 20 / 210 The developer has purchased this property and proposing to use $220,000 of that purchase price as an eligible expense attributed to the Legacy 34 2023 project. For the Legacy 34 2023 phase the estimated costs of utilities including sanitary sewer, water, storm sewer, electric and gas is $1,666,875. Site work and grading is expected to cost $2,612,000. Total cost for paving of public and private streets, public parking, sidewalks and trails is $3,940,214. It is anticipated that planning activities including design, engineering and architecture for the site will be at least $1,300,000 and need to be included in Legacy 34 2022 project costs. Other eligible activities including government fees and expenses and legal and contract expenses are expected to be $100,000. The total of the eligible expenses for this project is estimated by the developer at $9,839,089. 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 Legacy 34 2022 project by granting the sum of $9,839,089 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 2046. 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 Grand Island Council Session - 10/11/2022 Page 21 / 210 conditions. This will accomplish the goal of increasing the number of residential units, commercial development and recreational opportunities 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 Legacy 34 2023 phase will likely be built over a six year period between 2022 and 2028 based on market demand. Excess valuation should be available for the Legacy 34 2023 project for 15 years beginning with the 2024 tax year. Additional phases of development are anticipated for the remainder of the project. It is anticipated that the developers will be including TIF in the capital stack of future phases but each future phase will be evaluated with a site specific redevelopment plan prior to contract approval similar to this one. 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. Between January 1 of 2020 and June of 2022 permits for 547 new housing units had been issued leaving a need for more than 800 additional units in the next 2 years to meet the anticipated need. 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, maintenance of residential units and rents. 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 $9,839,089 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 $20,332,911 in private sector financing; a private investment of $2.06 for every TIF and grant dollar investment. Grand Island Council Session - 10/11/2022 Page 22 / 210 Use of Funds. Description TIF Funds Private Funds Total Site Acquisition 220,000$ $ 220,000 Building Costs $ 20,332,911 $ 20,332,911 Sewer $ 388,000 $ 388,000 Water $ 528,875 $ 528,875 Electric $ 725,000 $ 725,000 Gas $ 25,000 $ 25,000 Public Streets/Sidewalks/Plaza $ 1,629,814 $ 1,629,814 Private Streets/Public Parking $ 2,010,400 $ 2,010,400 Trails $ 300,000 $ 300,000 Grading/Dirtwork/Fill $ 2,612,000 $ 2,612,000 Demolition $ - Other $ - Architectural & Engineering Fees $ 1,300,000 $ 1,300,000 Financing Fees $ 25,000 $ 25,000 Legal $ 50,000 $ 50,000 Developer Fees $ - Audit Fees $ 25,000 $ 25,000 Contingency Reserve $ - Other $ - Total $ 9,839,089 $ 20,332,911 $ 30,172,000 Source of Funds Tax Revenue. The 14.08 acres of this site to be redeveloped as Legacy 34 2022 is anticipated to have a January 1, 2022, valuation of approximately $41,325 based on the per acre valuation of the current parcel. Based on the 2021 levy this would result in a real property tax of approximately $853. It is anticipated that the assessed value will increase by $30,172,000 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $655,939 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 2023 assessed value (14.08 acres): $ 41,235 Estimated value after completion $ 30,213,235 Increment value $ 30,172,000 Annual TIF generated (estimated) $ 655,939 TIF bond issue $ 9,839,089 Grand Island Council Session - 10/11/2022 Page 23 / 210 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $41,235. The proposed redevelopment will create additional valuation of $30,172,000 over the course of the next six years. The project creates additional valuation that will support taxing entities long after the project is paid off along with providing 154 additional housing units, neighborhood commercial space and recreational trail connections and opportunities. The tax shift from this project will be equal to the total of the bond principal of $9,839,089 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 is likely to result in a larger number of students in the Gates 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. Housing of the type proposed in Legacy 34 2023 (1 and 2 bedroom apartments) is less likely to attract families to the neighborhood than the single family detached housing proposed for later phases of this project. Overall there will be a net increase in the number of students attending the Grand Island Public School system as a result of this development. (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. The National Homebuilders Association estimates that each new single family home is the equivalent of 2.5 full time equivalent jobs and each unit of multifamily housing results in an FTE of 1.16 job. An average of 25 apartments and 1 carriage house would produce about 31 FTE’s per year for the next 6 years plus additional FTE’s for the commercial space that is proposed. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project 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. Grand Island Council Session - 10/11/2022 Page 24 / 210 (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 both 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. 173 additional households would house 402 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 77 school age children generated by this development. Given the nature of the units (150- 1 and 2 bedroom apartments) proposed for Legacy 34 2023 these numbers are likely to be significantly less than for detached single family development. If this develops at a rate of 25 unit per year for 6 years approximately 13 children could be added to the school age population every year with this development. These 13 children will likely be spread over the full school age population from elementary to secondary school. 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 August 4, 2022 that the CRA would be considering this application at their August 10, 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 1300 new dwelling units by 2024. Based on the permits between January of 2020 and June of 2022 there are 547 units of housing that have been permitted. More than 750 units still need to be built before the end of 2024 to meet the projected need. 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 the Legacy 34 2023 project is anticipated to be completed during between the Spring of 2023 and the end of 2028. The base tax year should be calculated on the value of the property as of January 1, 2023 for the first phase with each phase based on the preceding year’s valuation of the property included in the amendment for that year. 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 $9,839,089 the projected amount of increment based upon the anticipated value of the project and current tax rate. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Grand Island Council Session - 10/11/2022 Page 25 / 210 This is the second phase of this development just over 42 acres of the full 200 acres will be subject to redevelopment contracts upon final approval of this plan and the associated contracts. It is anticipated that full development of the 200 acre site will take a minimum of 15 years thought it could take as long as 30 or more based on average development in Grand Island. Each additional project will be brought forward as an amendment in a format similar to this amendment. Grand Island Council Session - 10/11/2022 Page 26 / 210 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 - 10/11/2022 Page 27 / 210 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 - 10/11/2022 Page 28 / 210 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 - 10/11/2022 Page 29 / 210 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 - 10/11/2022 Page 30 / 210 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 - 10/11/2022 Page 31 / 210 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 - 10/11/2022 Page 32 / 210 Grand IslandCouncil Session - 10/11/2022Page 33 / 210 Grand Island Council Session - 10/11/2022 Page 34 / 210 Grand Island Council Session - 10/11/2022 Page 35 / 210 Grand Island Council Session - 10/11/2022 Page 36 / 210 Grand Island Council Session - 10/11/2022 Page 37 / 210 Grand Island Council Session - 10/11/2022 Page 38 / 210 Grand Island Council Session - 10/11/2022 Page 39 / 210 Grand Island Council Session - 10/11/2022 Page 40 / 210 Grand Island Council Session - 10/11/2022 Page 41 / 210 Grand Island Council Session - 10/11/2022 Page 42 / 210 Grand Island Council Session - 10/11/2022 Page 43 / 210 Grand Island Council Session - 10/11/2022 Page 44 / 210 Grand Island Council Session - 10/11/2022 Page 45 / 210 Grand Island Council Session - 10/11/2022 Page 46 / 210 Grand Island Council Session - 10/11/2022 Page 47 / 210 Grand Island Council Session - 10/11/2022 Page 48 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item E-3 Public Hearing on Redevelopment Plan for CRA No. 1 for Redevelopment for Property Located at 124 West 3rd Street (Living Waters LLC) Council action will take place under Resolutions item I-2. Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 49 / 210 Council Agenda Memo From:Chad Nabity, AICP Meeting:October 11, 2022 Subject:Site Specific Redevelopment Plan for CRA Area #1 Living Waters – 124 W. 3rd Street Presenter(s):Chad Nabity, AICP CRA Director Background Living Waters LLC is proposing to redevelop the building at 124 W. 3rd Street adding 3 upper story apartments to the existing commercial uses. The property is zoned B3 Heavy Business and is in downtown Grand Island. The CRA reviewed the proposed development plan on August 10, 2022 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on September 7, 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 September 7, 2022. The Planning Commission approved Resolution 2022-13 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 404 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan Grand Island Council Session - 10/11/2022 Page 50 / 210 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 of the property as well renovation. 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 $123,400. 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 - 10/11/2022 Page 51 / 210 Redevelopment Plan Amendment Grand Island CRA Area 1 August 2022 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 1 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 1. Executive Summary: Project Description THE REDEVELOPMENT OF THE BUILDING LOCATED AT 124 W 3RD STREET FOR RESIDENTIAL AND COMMERCIAL USES, INCLUDING FIRE/LIFE SAFETY IMPROVEMENTS AND BUILDING REHABILITATION AND REMODELING. The use of Tax Increment Financing to aid in rehabilitation expenses associated with redevelopment of the entire building located at 124 W. 3rd Street. The developer is proposing to a mixed used project with commercial retail space on the first floor and upper story residential at this location. This project would not be feasible without the use of TIF. LIVING WATERS, LLC purchased the property for $390,000. The purchase price is included as an eligible TIF activity. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the remodeling and rehabilitation of this building. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2024 towards the allowable costs and associated financing for rehabilitation. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) The property is located at 124 W. 3rd Street in Grand Island Nebraska, the attached map identifies the subject property and the surrounding land uses. Legal Descriptions: The South 44.5 feet of Lot Five (5) in Block Fifty-Five (55) in the Original Town, now City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 10/11/2022 Page 52 / 210 Existing Land Use and Subject Property Grand Island Council Session - 10/11/2022 Page 53 / 210 The tax increment will be captured for the tax years the payments for which become delinquent in years 2024 through 2038 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 rehabilitation of this portion of the building for commercial and residential uses as permitted in the B3 Heavy Business Zoning District. 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, 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 - 10/11/2022 Page 54 / 210 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on December 19, 2000.[§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 September 7, 2022 and passed Resolution 2022-13 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area 1 provides for real property acquisition and this plan amendment does not prohibit such acquisition. The developer has acquired the property and will be including acquisition as an eligible activity. 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. Demotion of internal structures to accommodate the redevelopment is anticipated and permitted. 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 Downtown Commercial development; this includes housing and commercial uses within the same structure. 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 - 10/11/2022 Page 55 / 210 City of Grand Island Future Land Use Map Grand Island Council Session - 10/11/2022 Page 56 / 210 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is rehabilitating the existing building. The developer is not proposing to increase the size of the building and current building meets the applicable regulations regarding site coverage and intensity of use. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. Electric utilities are sufficient for the proposed use of this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 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 not been used for any residential purposes. [§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 developer purchased the property for $390,000. The estimated costs of rehabilitation of this property is $401,573. Other construction and soft costs are $39,792. Legal, Developer and Audit Fees of $13,500 for reimbursement to the City and the CRA for costs to prepare the contract and monitor the project over the course of the development are included in the eligible expenses. The total of eligible expenses for this project exceeds $844,465. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. Grand Island Council Session - 10/11/2022 Page 57 / 210 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 $123,400 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 2038. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of both the Railside Business Improvement District and the Grand Island City Council of refurbishing street level commercial space and increasing the number of residential units available in the Downtown area that has been underutilized for several years. 8. Time Frame for Development Development of this project is anticipated to be completed by October 2023. Excess valuation should be available for this project for 15 years beginning with the 2024 tax year. 9. Justification of Project This building in downtown Grand Island was built in 1915 and will be preserved with this project. The mixed use of commercial space and residential units is consistent with the long term development plans for Downtown. 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 Grand Island Council Session - 10/11/2022 Page 58 / 210 Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $123,400 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 $721,465 in private sector financing; a private investment of $5.84 for every TIF dollar invested. Use of Funds Source of Funds Description TIF Funds Private Funds Total Site Acquisition $123,400 $266,600 $390,000 Renovation Costs $401,573 $401,573 Contingency $20,079 $20,079 Architectural & Engineering $7,900 $7,900 Financing fees/ audit $11,813 $11,813 Legal/ TIF contract $13,500 $13,500 Total $123,400 $721,465 $844,365 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2024, valuation of approximately $219,769. Based on the 2021 levy this would result in a real property tax of approximately $4,765. It is anticipated that the assessed value will increase by $331,326 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $184,7 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2021 assessed value: $219,769 Estimated value after completion $551,095 Increment value $331,326 Annual TIF generated (estimated)$$7,184 TIF bond issue $123,400 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $219,769. The proposed redevelopment will create additional valuation of $331,326. No tax shifts are anticipated from the project outside of the use of TIF to support the redevelopment. It is not anticipate that any additional tax burdens will be assumed by public entities as a result of this project. The project creates additional valuation that will support taxing entities long after the project is paid off. Grand Island Council Session - 10/11/2022 Page 59 / 210 (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools in any significant way. Fire and police protection are available and should not be negatively impacted by this development. The addition of life safety elements to this building including fire sprinklers and a second exit actually reduce the chances of negative impacts to the fire department. (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 residential and commercial space options in the downtown area consistent with the planned development in Downtown 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 This project will not have a negative impact on other employers in any manner different from any other expanding business within the Grand Island area. This will provide refurbish Downtown residential and commercial space options for residents and business owners who wish to relocate to the Downtown area. (e) Impacts on student populations of school districts within the City or Village: This development will have a minimal impact on the Grand Island School system as it will likely not result in any increased attendance. The majority of the units to be developed with this project is a two bedroom unit and unlikely to be a family unit, especially for families with school age children. The average number of persons per household in Grand Island for 2015 to 2019 according the American Community Survey is 2.61. According to the 2010 census 19.2% of the population of Grand Island was between the ages of 5 and 18. 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 a maximum of one school age child generated by this development though that is mitigated by the fact that there are 2 small 2 bedroom units and a single 1 bedroom unit.. (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 Council, the Downtown BID, the CRA, and Grow Grand Island to create additional upgraded residential and commercial spaces within downtown Grand Island. Grand Island Council Session - 10/11/2022 Page 60 / 210 Time Frame for Development Development of this project is anticipated to be completed October 2023. The base tax year should be calculated on the value of the property as of January 1, 2024. Excess valuation should be available for this project for 15 years beginning in 2024 with taxes due in 2024. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $123,400 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 $721,465.on TIF eligible activities in excess of other grants given. Grand Island Council Session - 10/11/2022 Page 61 / 210 Form Updated 7-25-2019cn Page | 1 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: Living Waters LLC Address: 320 Sunflower Circle, Grand Island NE 68803 Telephone No.: 308-390-5925 Fax No.: Email:m3joslyn@gmail.com Contact: Michaela Goosic Application Submission Date: 7/1/22 Brief Description of Applicant’s Business: Legal Description/Address of Proposed Project ORIGINAL TOWN S 44.5' LT 5 BLK 55 Community Redevelopment Area Number Grand Island Council Session - 10/11/2022 Page 62 / 210 Form Updated 7-25-2019cn Page | 2 Present Ownership Proposed Project Site: Living Waters LLC 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. Commercial/residnetial mixed use building, see attached If Property is to be Subdivided, Show Division Planned: VI. Estimated Project Costs: Acquisition Costs: A. Land $ B. Building $ 390,000 Construction Costs: A. Renovation or Building Costs: $ 401,573 B. On-Site Improvements: Sewer $ Water $ Electric $ Gas $ Public Streets/Sidewalks $ Private Streets $ Trails $ Grading/Dirtwork/Fill $ Demolition $ Grand Island Council Session - 10/11/2022 Page 63 / 210 Form Updated 7-25-2019cn Page | 3 Other $ Total Soft Costs: $ 401,573 A. Architectural & Engineering Fees: $ 7,900 B. Financing Fees: $ 11,813 C. Legal $ 13,500 D. Developer Fees: $ E. Audit Fees $ F. Contingency Reserves: $ 20,079 G. Other (Please Specify) $ TOTAL $ 53,291 Total Estimated Market Value at Completion: $ Source for Estimated Market Value Source of Financing: A. Developer Equity: B. Commercial Bank Loan: C. Tax Credits: $ 157,090 $ 687,774 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 - 10/11/2022 Page 64 / 210 Form Updated 7-25-2019cn Page | 4 G. Nebraska Housing Trust Fund $ H. Other $ 844,864 Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: Living Waters LLC, 320 Sunflower Circle, Grand Island NE 68803 Mike Spilinek, Olsson Associates 201 E. Second Street Grand Island, NE 68801 Architect: Toby Gay, Gay and Associates, 1470 31st ave. Columbus Ne 68601 Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) Project Construction Schedule: Construction Start Date: Oct 22 Construction Completion Date: Oct 23 If Phased Project: Year % Complete Year % Complete Year % Complete Year % Complete Year % Complete Year % Complete Grand Island Council Session - 10/11/2022 Page 65 / 210 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: Living Waters LLC is asking for $123,400 worth of tax increment financing. The TIF funds will be used to make the project a success. Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: As the attached proforma’s show, given the risk of today’s markets, without TIF the project does not have a high enough return (see the DSCR on the attached proforma) for the risk that is being taken. Grand Island Council Session - 10/11/2022 Page 66 / 210 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 - 10/11/2022 Page 67 / 210 PROFORMA 124 W 3rd With TIF EXPENSES USE OF FUNDS TOTAL Property Taxes $3,862 PURCHASE OF BUILDING $390,000 BID Taxes $432 CONSTRUCTION $401,573 Parking Taxes $330 CONTINGENCY 5%$20,079 Insurance $1,700 TENANT ALLOWANCE $0 Utilities $0 ARCHITECT/ENGINEER $7,900 Management $2,927 SOFT COSTS $25,313 Maintnance $2,927 TOTAL $844,864 Total $12,179 SOURCE OF FUNDS BANK 2220 $687,774 Debt Service Façade Grant 1431 $0 X 1421 $0 Loan amount 687,774$ X 1327 $0 Annual interest rate 5.750% X $0 Loan period in years 15 OWNER EQUITY (20% of appraised value)$157,090 TOTAL $844,864 Monthly payment 5,711$ Soft costs OPERATING PROFORMA ANNUAL RENTAL INCOME Annual Monthly TIF fee $7,000 0 Consultant $3,500 s.f.$/s.f.Interest $11,813 Commercial 2946 15 $44,190 $3,683 Misc $3,000 Basement 2946 3 $8,838 $737 Residential 2970 15 $44,550 $3,713 $25,313 1431 Construction 4968 S.F.$/S.F. GROSS INCOME $97,578 2970 $135 $401,573 s Actual CAP 11.99% VACANCY $2,927 3.0%Cap Rate 10.5% DSCR 1.20 EXPENSES $12,179 12.5%NOI $82,472 $15,106 Appraisal $785,449 LTV 20%$157,090 NET OPERATING INCOME $82,472 Equity $97,675 DEBT SERVICE $68,536 Cash $59,415 CASH FLOW $13,936 DSCR 1.20 Grand Island Council Session - 10/11/2022 Page 68 / 210 PROFORMA 124 W 3rd Without TIF EXPENSES USE OF FUNDS TOTAL Property Taxes $12,089 PURCHASE OF BUILDING $390,000 BID Taxes $432 CONSTRUCTION $401,573 Parking Taxes $330 CONTINGENCY 7%$20,079 Insurance $1,700 TENANT ALLOWANCE $0 Utilities $0 ARCHITECT/ENGINEER $7,900 Management $2,927 SOFT COSTS $25,313 Maintnance $2,927 TOTAL $844,864 Total $20,405 SOURCE OF FUNDS BANK 2220 $703,444 Debt Service Façade Grant 1431 $0 X 1421 $0 Loan amount $703,444 X 1327 $0 Annual interest rate 5.750% X $0 Loan period in years 15 OWNER EQUITY (20% of appraised value)$141,420 TOTAL $844,864 Monthly payment 5,841$ Soft costs OPERATING PROFORMA ANNUAL RENTAL INCOME Annual Monthly TIF fee $7,000 0 Consultant $3,500 s.f.$/s.f.Interest $11,813 Commercial 2946 15 $44,190 $3,683 Misc $3,000 Basement 2946 3 $8,838 $737 Residential 2970 15 $44,550 $3,713 $25,313 1431 Construction 4968 S.F.$/S.F. GROSS INCOME $97,578 2970 $135 $401,573 s Actual CAP 10.55% VACANCY $2,927 3.0%Cap Rate 10.5% DSCR 1.06 EXPENSES $20,405 20.9%NOI $74,245 $23,333 Appraisal $707,100 LTV 20%$141,420 NET OPERATING INCOME $74,245 Equity $3,656 DEBT SERVICE $70,098 Cash $137,764 CASH FLOW $4,148 DSCR 1.06 Grand Island Council Session - 10/11/2022 Page 69 / 210 Grand Island Council Session - 10/11/2022 Page 70 / 210 Grand Island Council Session - 10/11/2022 Page 71 / 210 Grand Island Council Session - 10/11/2022 Page 72 / 210 Grand IslandCouncil Session - 10/11/2022Page 73 / 210 Estimated Project Costs: Acquisition Costs: A. Land $0 B. Building $390,000 Construction Costs: A. Renovation or Building Costs:$401,573 B. On-Site Improvements: Sewer $0 Water $0 Electric $0 Gas $0 Public Streets/Sidewalks $0 Private Streets $0 Trails $0 Grading/Dirtwork/Fill $0 Demolition $0 Other: Parks/Public Space $0 Total $401,573 Soft Costs: A. Architectural & Engineering Fees:$7,900 B. Financing Fees: Construction $11,813 C. Legal $13,500 D. Developer Fees:$0 E. Audit Fees $0 F. Contingency Reserves:$20,079 G. Other: TIF fees/Misc fees $0 TOTAL $53,291 Total Estimated Market Value at Completion:$785,449 Source of Financing: A. Developer Equity:157,090$ B. Commercial Bank Loan:687,774$ E. Tax Increment Assistance:-$ H. Other: Façade grant -$ Total 844,864$ Grand Island Council Session - 10/11/2022 Page 74 / 210 Grand Island Council Session - 10/11/2022 Page 75 / 210 Grand Island Council Session - 10/11/2022 Page 76 / 210 Grand Island Council Session - 10/11/2022 Page 77 / 210 Grand Island Council Session - 10/11/2022 Page 78 / 210 Grand Island Council Session - 10/11/2022 Page 79 / 210 Grand Island Council Session - 10/11/2022 Page 80 / 210 Grand Island Council Session - 10/11/2022 Page 81 / 210 Grand Island Council Session - 10/11/2022 Page 82 / 210 Grand Island Council Session - 10/11/2022 Page 83 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item F-1 #9902 - Consideration of Approving Zoning Change to Property located at 3600 Husker Highway from R2 Low Density Residential to CD Commercial Development (Innate Development 2, LLC) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 84 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney ORDINANCE NO. 9902 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising part of the East ½ of the Southwest Quarter and the West half of the Southeast Quarter (E½ of the SW¼, and W½ of the SE¼ ) of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in Hall County, Nebraska. Located north of Husker Highway and west of Prairieview Street in Grand Island, Nebraska from R2 Low Density Residential Zone to RD Residential Development Zone and CD Commercial Development Zone in Grand Island, Hall County, Nebraska as more particularly described below, and directing that such zoning changes and classifications be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 7, 2022, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, on October 11, 2022, the City Council held a public hearing on the proposed zoning of such area and all persons who desired to speak were heard and any comments were made a part of the record. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1.The City Council makes the following findings with regards to the proposed zoning changes: Grand Island Council Session - 10/11/2022 Page 85 / 210 ORDINANCE NO. 9902 (Cont.) - 2 - A.The proposed changes to the zoning from R2 Low Density Residential Zone to RD Residential Development Zone and CD Commercial Development Zone are each consistent with the Future Land Use Map of the City of Grand Island. B.The proposed changes to the zoning from R2 Low Density Residential Zone to RD Residential Development Zone and CD Commercial Development Zone are each consistent with the preliminary plat previously approved for the development of the area. SECTION 2.The following tract of land is hereby rezoned and reclassified and changed from R2 Low Density Residential Zone to amended RD Residential Development Zone: RD RESIDENTIAL DEVELOPMENT ZONE A TRACT OF LAND LOCATED IN PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY AND THE EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00°37'05"W, ALONG SAID EAST RIGHT- OF-WAY LINE OF LEGACY DRIVE, A DISTANCE OF 166.00 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 35°19' 00", HAVING A RADIUS OF 595.00 FEET, AND CHORD BEARING N18°16'35"W A CHORD DISTANCE OF 360.97 FEET; THENCE N50°27'30"E A DISTANCE OF 206.12 FEET; THENCE N80°27'30"E A DISTANCE OF 43.50 FEET; THENCE N45°34'52"E A DISTANCE OF 70.18 FEET; THENCE S44°57'29"E A DISTANCE OF 156.74 FEET; THENCE N73°12'23"E A DISTANCE OF 53.01 FEET; THENCE S69°49'40"E A DISTANCE OF 29.93 FEET; THENCE S16°12'57"E A DISTANCE OF 224.65 FEET; THENCE S00°26'55"E A DISTANCE OF 150.46 FEET; THENCE N89°22'55"E A DISTANCE OF 402.33 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 31°59'20", HAVING A RADIUS OF 189.64 FEET, AND CHORD BEARING N737°11'59"E A CHORD DISTANCE OF 104.51 FEET; THENCE Grand Island Council Session - 10/11/2022 Page 86 / 210 ORDINANCE NO. 9902 (Cont.) - 3 - N57°01'04"E A DISTANCE OF 58.74 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 45°28'12", HAVING A RADIUS OF 181.00 FEET, AND CHORD BEARING S67°52'59"E A CHORD DISTANCE OF 139.90 FEET; THENCE N89°22'55"E A DISTANCE OF 39.05 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4); THENCE S00°28'30"E, ALONG SAID EAST LINE OF THE SW1/4, SE1/4, A DISTANCE OF 133.27 FEET; THENCE S11°48'05"W A DISTANCE OF 40.92 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 56°18'24", HAVING A RADIUS OF 60.00 FEET, AND CHORD BEARING S39°56'52"E A CHORD DISTANCE OF 56.62 FEET; THENCE S72°38'11"E A DISTANCE OF 35.59 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55"W, ALONG SAID NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 1033.23 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 418467.63 SQUARE FEET OR 9.607 ACRES MORE OR LESS. SECTION 3.The following tract of land is hereby rezoned and reclassified and changed from R2 Low Density Residential Zone to amended CD Commercial Development Zone: CD COMMERCIAL DEVELOPMENT ZONE: A TRACT OF LAND LOCATED IN PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY AND THE EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE; THENCE ON AN ASSUMED BEARING OF N00°37'05"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE, A DISTANCE OF 166.00 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 35°19' 00", HAVING A RADIUS OF 595.00 FEET, AND CHORD BEARING N18°16'35"W A CHORD DISTANCE OF 360.97 FEET; THENCE N50°27'30"E A DISTANCE OF 206.12 FEET; THENCE N80°27'30"E A DISTANCE OF 43.50 FEET; THENCE N45°34'52"E A DISTANCE OF 70.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N45°34'52"E A DISTANCE OF 318.05 FEET; THENCE S42°52'32"E A DISTANCE OF 249.70 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 89°25'48", HAVING A RADIUS OF 70.00 FEET, AND CHORD BEARING S87°35'26"E A CHORD DISTANCE OF 98.50 FEET TO A CONTINUED POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 41°49'49", HAVING A RADIUS OF 285.00 FEET, AND CHORD BEARING N68°36'35"E A CHORD DISTANCE OF 203.48 FEET; THENCE N89°32'23"E A DISTANCE OF 284.12 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4); THENCE S00°28'30"E, ALONG SAID EAST LINE OF THE SW1/4, SE1/4, A DISTANCE OF 569.80 FEET; THENCE S89°22'55"W A DISTANCE OF 39.05 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 45°28'12", HAVING A Grand Island Council Session - 10/11/2022 Page 87 / 210 ORDINANCE NO. 9902 (Cont.) - 4 - RADIUS OF 181.00 FEET, AND CHORD BEARING N67°52'59"W A CHORD DISTANCE OF 139.90 FEET; THENCE S57°01'04"W A DISTANCE OF 58.74 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 31°59'20", HAVING A RADIUS OF 189.64 FEET, AND CHORD BEARING S737°11'59"W A CHORD DISTANCE OF 104.51 FEET; THENCE S89°22'55"W A DISTANCE OF 402.33 FEET; THENCE N00°26'55"W A DISTANCE OF 150.46 FEET; THENCE N16°12'57"W A DISTANCE OF 224.65 FEET; THENCE N69°49'40"W A DISTANCE OF 29.93 FEET; THENCE S73°12'23"W A DISTANCE OF 53.01 FEET; THENCE N44°57'29"W A DISTANCE OF 156.74 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 455757.87 SQUARE FEET OR 10.463 ACRES MORE OR LESS. SECTION 4. That the proposed development plan for the above described real estate, as shown on the plan submitted with the rezoning request is approved. SECTION 5. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance and that the approved development plan be kept in the records of the Hall County Regional Planning Department. SECTION 6. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 11, 2022. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 88 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item F-2 #9903 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 10/11/2022 Page 89 / 210 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:October 11, 2022 Subject:Consideration of Approving Salary Ordinance No. 9903 Presenter(s):Robert Falldorf, Police Chief Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. The following explains the proposed changes to the salary ordinance. Discussion The Grand Island Police Department is requesting the addition 1.5 FTE civilian Evidence Technician positions. Prior to September 15, 2022 the Police Department’s Evidence Division was run by one (1) full time sworn Police Officer and two (2) full time civilian Evidence Technicians. The Police Department has understood that there would be a future need to add additional staff to the Evidence Division beyond the three (3) full time employees that were working the division prior to September 15, 2022. Evidence and property handling numbers continue to increase and the Evidence Division has seen significant increases in the need to process video evidence for defense attorneys and prosecutors. There has also been a significant increase in the need to process mobile video and body worn camera evidence. Since the Police Department is so short on Police Officers, the department continued to make filling the fifteen (15) vacant Police Officer positions the main priority and set aside, for the time being, pursuing adding additional Evidence Division personnel. That all changed with the recent resignation of the department’s sworn Officer staff member assigned to the division. We feel that the timing is right to add 1.5 FTE Civilian Evidence Tech positons to the division to replace the sworn Officer staff member. We understand that the timing is not great for this request as we just finished with the 2022-2023 fiscal year budget; however, the recent resignation of the Officer came as a surprise to all of us and did not occur until after the recent budget was approved. We also understand that it would not be prudent to move another sworn officer into the Evidence Division since we are working so short in our Patrol and Criminal Divisions at this time. Grand Island Council Session - 10/11/2022 Page 90 / 210 The Police Department Administration understands that there will be excess unspent personnel funds left in our budget at the end of the next two fiscal years, as it will take at least two years to fill all of our vacant Police Officer Positions. We also know that the top pay for the Officer’s vacancy would be more than enough personnel cost savings to pay entry level pay for the entire 1.5 FTE Evidence Tech positions we are requesting. This ordinance would create an Evidence Technician PT classification to allow for hiring the 0.5 of the 1.5 FTE request. Wages would mirror the wages of the Evidence Technician FT classification. 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 proposed Salary Ordinance No. 9903. Sample Motion Move to approve Salary Ordinance No. 9903. Grand Island Council Session - 10/11/2022 Page 91 / 210 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9903 An ordinance to amend Ordinance 9901 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend add the non-union position and salary ranges of non-union employeesEvidence Technician – Part Time; to add the IBEW Wastewater Treatment Plant positions and salary ranges of Administrative Assistant; FOG Program Manager and Senior Equipment Operator; to amend the salary ranges for those employees covered under the IBEW Wastewater Treatment Plant labor agreement; to correct the salary range for the IBEW Utilities Senior Water Maintenance Worker position; and to repeal those portions of Ordinance No. 9901 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 29.9400/43.5700 Exempt Accounting Technician – Solid Waste 22.5000/29.3600 40 hrs/week Administrative Assistant –Building – Part Time 20.4435/29.3215 40 hrs/week Administrative Coordinator – Public Works 24.1100/39.3800 40 hrs/week Grand Island Council Session - 10/11/2022 Page 92 / 210 ORDINANCE NO. 9903 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Airport Police Officer – Part Time 30.0000 40 hrs/week Assistant Finance Director 39.5700/57.4600 Exempt Assistant Public Works Director/Engineering 53.0600/78.9100 Exempt Assistant Public Works Director of Wastewater 53.0600/78.9100 Exempt Assistant Utilities Director – Engineering/Business Operations 71.5000/97.7600 Exempt Assistant Utilities Director – Production 71.5000/97.7600 Exempt Assistant Utilities Director – Transmission 71.5000/97.7600 Exempt Attorney 45.2400/64.5100 Exempt Building Department Director 52.0500/71.8700 Exempt Cemetery Superintendent 29.1300/43.1100 Exempt City Administrator 86.6300/112.9200 Exempt City Attorney 60.7500/80.8000 Exempt City Clerk 38.4400/53.4400 Exempt Civil Engineer I – PW/Eng., PW/WWTP 31.5300/44.0800 Exempt Civil Engineer I – Utilities 34.3500/48.7800 Exempt Civil Engineer II – PW/Eng., PW/WWTP 38.6300/54.8200 Exempt Civil Engineer II – Utilities 40.9600/59.3500 Exempt Collection System Supervisor 30.7500/41.3300 40 hrs/week Community Development Administrator 30.8400/42.5500 40 hrs/week Community Service Officer – Part time 19.7531/25.8858 40 hrs/week Custodian –Police Part Time 16.6900/23.7300 40 hrs/week Customer Service Representative 19.8700/26.3600 40 hrs/week Customer Service Team Leader 23.3300/34.7400 Exempt Deputy City Clerk 30.7500/42.7500 40 hrs/week Electric Distribution Superintendent 47.1700/63.1800 Exempt Electric Distribution Supervisor 43.5000/58.2500 40 hrs/week Electric Underground Superintendent 47.1700/63.1800 Exempt Electrical Engineer I 33.7300/50.0000 Exempt Electrical Engineer II 41.0600/58.0800 Exempt Emergency Management Deputy Director 32.8500/48.8300 Exempt Emergency Management Director 52.0500/71.8700 Exempt Engineering Technician I – PW/WWTP 25.2600/32.4500 40 hrs/week Engineering Technician II – PW/WWTP 31.3500/40.6300 40 hrs/week Equipment Operator - Solid Waste 23.9200/30.8100 40 hrs/week Evidence Technician – Part Time 22.2054/31.4488 40 hrs/week Grand Island Council Session - 10/11/2022 Page 93 / 210 ORDINANCE NO. 9903 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Finance Director 54.1600/78.4800 Exempt Finance Operations Supervisor 30.9200/41.5000 Exempt Fire Chief 58.0000/81.5700 Exempt Fire EMS Division Chief 48.0300/62.7200 Exempt Fire Operations Division Chief 48.0300/62.7200 Exempt Fire Prevention Division Chief 48.0300/62.7200 Exempt Fleet Services Shop Foreman 29.9600/43.7700 40 hrs/week GIS Coordinator - PW 34.2400/47.8500 Exempt Grants Administrator 28.6000/43.5800 40 hrs/week Grounds Management Crew Chief – Cemetery 26.5000/35.1200 40 hrs/week Grounds Management Crew Chief – Parks 27.0100/36.4900 40 hrs/week Human Resources Director 52.0500/71.8700 Exempt Human Resources Benefits/Risk Mgmt Coordinator 31.7400/44.1000 40 hrs/week Human Resources Recruiter 31.7400/44.1000 40 hrs/week Human Resources Specialist 31.7400/44.1000 40 hrs/week Information Technology Manager 48.5200/68.3100 Exempt Interpreter/Translator 20.0600/27.6300 40 hrs/week Legal Secretary 24.3000/35.8200 40 hrs/week Librarian I 28.1400/38.0400 Exempt Librarian II 30.6949/41.5500 Exempt Library Assistant I 17.6104/25.4509 40 hrs/week Library Assistant II 21.7632/30.8094 40 hrs/week Library Director 51.4400/73.1620 Exempt Library Page – Part Time 15.5100/18.8900 40 hrs/week Library Secretary 21.9700/26.0300 40 hrs/week Maintenance Worker – Cemetery Part Time 15.7820/23.3988 40 hrs/week Meter Reader – Part Time 24.9011/31.1038 40 hrs/week Meter Reader Supervisor 33.6200/46.1600 Exempt MPO Program Manager 34.4200/50.4100 Exempt Office Manager 29.1100/37.0900 40 hrs/week Parks and Recreation Director 53.2400/73.8400 Exempt Parks Superintendent 38.9200/57.1200 Exempt Payroll Specialist 26.2100/36.6900 40 hrs/week Planner I 32.8000/44.9100 40 hrs/week Planning Director 53.7500/79.4500 Exempt Grand Island Council Session - 10/11/2022 Page 94 / 210 ORDINANCE NO. 9903 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Police Captain 46.6400/62.4700 Exempt Police Chief 62.4285/83.8548 Exempt Power Plant Maintenance Supervisor 44.3100/62.2900 Exempt Power Plant Operations Supervisor 45.5300/64.8900 Exempt Power Plant Superintendent – PGS 57.2400/83.0400 Exempt Public Safety Apprentice - Part Time 19.7531/25.8858 40 hrs/week Public Works Director 62.8300/90.9700 Exempt Recreation Coordinator 28.1000/40.0900 Exempt Recreation Superintendent 37.2800/53.2000 Exempt Regulatory and Environmental Manager 43.3598/64.8700 Exempt Senior Civil Engineer – PW/Eng., PW/WWTP 43.2400/61.6600 Exempt Senior Civil Engineer – Utilities 50.1300/69.6500 Exempt Senior Electrical Engineer 48.8088/70.6800 Exempt Senior Engineering Technician – PW/WWTP 34.8500/43.4800 40 hrs/week Senior Public Safety Dispatcher 25.0300/33.6800 40 hrs/week Senior Utility Secretary 20.5000/29.4900 40 hrs/week Shooting Range Superintendent 37.2800/53.2000 Exempt Solid Waste Division Clerk 23.9000/30.9200 40 hrs/week Solid Waste Foreman 28.4300/39.8800 40 hrs/week Solid Waste Superintendent 39.4600/54.4100 Exempt Street Superintendent 37.1900/53.6400 Exempt Street Foreman 29.9600/42.8000 40 hrs/week Transit Program Manager 37.3000/55.9400 Exempt Utilities Director 96.8100/137.8100 Exempt Utility Production Engineer 49.7300/70.1400 Exempt Utility Warehouse Supervisor 31.8200/44.3500 40 hrs/week Victim Assistance Unit Coordinator 24.1500/33.6000 40 hrs/week Victim/Witness Advocate 18.1100/25.2000 40 hrs/week Wastewater Plant Chief Operator 31.2500/44.0000 40 hrs/week Wastewater Plant Operations Engineer 49.9946/69.8306 Exempt Wastewater Plant Maintenance Supervisor 31.5500/42.5000 40 hrs/week Wastewater Plant Regulatory Compliance Manager 34.4400/49.0100 Exempt Water Superintendent 40.5500/55.5300 Exempt Water Supervisor 35.0800/47.1300 40 hrs/week Worker / Seasonal 9.0000/30.0000 Exempt Grand Island Council Session - 10/11/2022 Page 95 / 210 ORDINANCE NO. 9903 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 9.0000/30.0000 40 hrs/week Worker / Temporary 9.0000/30.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/30.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria:  The referral cannot have worked as a City of Grand Island lifeguard in the past.  The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours.  Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 20.8650/30.9087 40 hrs/week Fleet Services Mechanic 23.3145/34.5422 40 hrs/week Horticulturist 23.8961/35.4669 40 hrs/week Maintenance Worker – Cemetery 19.7275/29.2485 40 hrs/week Maintenance Worker – Parks 19.4596/28.8679 40 hrs/week Maintenance Worker – Streets 19.4506/28.8342 40 hrs/week Senior Equipment Operator – Streets 22.3929/33.2126 40 hrs/week Senior Maintenance Worker – Streets 22.2384/32.9835 40 hrs/week Traffic Signal Technician 22.0846/32.7555 40 hrs/week Grand Island Council Session - 10/11/2022 Page 96 / 210 ORDINANCE NO. 9903 (Cont.) - 6 - SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 23.0592/31.1427 40 hrs/week Custodian 17.3168/22.2297 40 hrs/week Electric Distribution Crew Chief 40.0180/50.8883 40 hrs/week Electric Underground Crew Chief 40.0180/50.8883 40 hrs/week Engineering Technician I 26.9438/33.6054 40 hrs/week Engineering Technician II 33.4262/42.0591 40 hrs/week Instrument Technician 38.1828/48.6745 40 hrs/week Lineworker Apprentice 28.6219/39.7063 40 hrs/week Lineworker First Class 36.4634/45.0366 40 hrs/week Materials Handler 31.9304/40.6147 40 hrs/week Meter Reader 24.9011/31.1038 40 hrs/week Meter Technician 34.2474/38.8808 40 hrs/week Power Dispatcher I 37.1850/46.1314 40 hrs/week Power Dispatcher II 41.4939/52.2441 40 hrs/week Power Plant Maintenance Mechanic 35.6475/44.0858 40 hrs/week Power Plant Operator 38.9418/45.1736 40 hrs/week Senior Engineering Technician 37.1606/46.3613 40 hrs/week Senior Materials Handler 36.5589/50.6839 40 hrs/week Senior Power Dispatcher 46.4846/57.6769 40 hrs/week Senior Power Plant Operator 44.8138/51.9510 40 hrs/week Senior Substation Technician 40.3461/47.6808 40 hrs/week Senior Water Maintenance Worker 27.7530/36.3262 40 hrs/week Substation Technician 40.1454/45.8032 40 hrs/week Systems Technician 42.8267/48.0292 40 hrs/week Tree Trim Crew Chief 36.7118/46.1475 40 hrs/week Utility Electrician 35.7086/45.4247 40 hrs/week Grand Island Council Session - 10/11/2022 Page 97 / 210 ORDINANCE NO. 9903 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Utility Groundman 25.1532/31.7240 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.8148/46.9236 40 hrs/week Utility Warehouse Clerk 27.0220/33.7577 40 hrs/week Water Maintenance Worker 26.1725/34.4410 40 hrs/week Wireworker I 26.3010/38.8226 40 hrs/week Wireworker II 36.4634/45.0366 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 29.0000/41.0000 Police Sergeant 39.0000/47.0000 Police Lieutenant 42.0000/54.0000 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave, bereavement leave, and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. All work completed after eighty (80) hours in a pay period that is performed Grand Island Council Session - 10/11/2022 Page 98 / 210 ORDINANCE NO. 9903 (Cont.) - 8 - for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any Police Officer assigned as a Field Training Officer shall, in addition to his/her regular salary, be paid Two dollars ($2.00) per hour while actively working with a trainee or other issues directly concerning a trainee. A lateral hiring incentive is provided, namely for certified applicants, Five Thousand dollars ($5,000) certification credit and fifty (50) hours of compensatory time if eligible. A referral incentive is provided for existing Officers who successfully recruit applicants, specifically, a Three Hundred dollar ($300) incentive for the referral of one non-certified applicant who makes the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of two or more non-certified applicants who make the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of one or more certified applicants who make the Civil Service eligibility list; and a One Thousand Seven Hundred dollar ($1,700) incentive if one or more of the referred applicants is hired. A retention incentive will offered to active sworn Officers’ for the life of the contract with final payment made in October of 2025. Each current employee as of October 1, 2022, who maintains active employment status, will receive a lump sum payment in the first full pay period of the dates specified in the following schedule: Completion of Contract Year 2022-2023: $5,000.00 (paid in October 2023) Completion of Contract Year 2023-2024: $3,000.00 (paid in October 2024) Completion of Contract Year 2024-2025: $2,000.00 (paid in October 2025) Grand Island Council Session - 10/11/2022 Page 99 / 210 ORDINANCE NO. 9903 (Cont.) - 9 - Employees hired between October 2, 2022 and October 1, 2024 will receive a retention incentive after completing a full contract year of service. The amount paid will correspond with the applicable contract year completed. Designated Officers who are covered under the FOP labor agreement and are assigned to specialized assignments that routinely involve changes in schedules for training purposes, call in for duty, and/or specialized training and certifications as listed below are eligible for additional compensation. Tier I specialized assignments will receive an additional sixty cents ($0.60) per hour. Tier II specialized assignments will receive an additional thirty cents ($0.30) per hour. Officers shall only be compensated for one (1) Tier I assignment and one (1) Tier II assignment regardless of how many assignments they may possess within that Tier. Maximum specialty pay will be ninety cents ($0.90) per hour which is equal to a Tier I and Tier II assignment. Tier I Tier II SWAT All Department Designated Instructors: Police K9 Firearms Drug Recognition Expert Defensive Tactics Accident Reconstruction Team Less Lethal CERT/Hostage Negotiator Drone SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.4916/30.5216 212 hrs/28 days Grand Island Council Session - 10/11/2022 Page 100 / 210 ORDINANCE NO. 9903 (Cont.) - 10 - Firefighter / EMT 17.7091/25.0171 212 hrs/28 days Firefighter / Paramedic 19.1441/27.3074 212 hrs/28 days Life Safety Inspector 27.0165/35.5705 40 hrs/week Battalion Chief 30.1957/35.1300 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Wastewater Treatment Plant labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 22.2214/29.4817 40 hrs/week Administrative Assistant - WWTP 20.4435/29.3215 40 hrs/week Biosolids Technician 25.3842/36.7560 40 hrs/week Equipment Operator – WWTP 23.2949/31.5147 40 hrs/week FOG Program Manager 28.7162/39.3130 40 hrs/week Lead Maintenance Mechanic 28.0427/37.2338 40 hrs/week Lead Maintenance Worker 22.9094/32.9018 40 hrs/week Lead Wastewater Plant Operator 27.5666/38.5945 40 hrs/week Maintenance Mechanic I 23.7880/32.0519 40 hrs/week Maintenance Worker – WWTP 23.0713/30.6957 40 hrs/week Senior Equipment Operator 27.0346/34.7365 40 hr/week Stormwater Program Manager 28.7162/39.3130 40 hrs/week Wastewater Plant Laboratory Technician 25.4677/33.7709 40 hrs/week Grand Island Council Session - 10/11/2022 Page 101 / 210 ORDINANCE NO. 9903 (Cont.) - 11 - Wastewater Plant Operator I 22.8165/30.1690 40 hrs/week Wastewater Plant Operator II 25.3735/33.7967 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Service/Clerical/Finance labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 19.7952/26.5714 40 hrs/week Accounting Technician – Streets 21.7231/29.0721 40 hrs/week Accounts Payable Clerk 21.9060/29.5514 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.4435/29.3215 40 hrs/week Audio Video Technician 26.8201/36.8240 40 hrs/week Building Inspector 27.0111/37.2347 40 hrs/week Cashier 20.0668/25.6234 40 hrs/week Community Service Officer 19.7531/25.8858 40 hrs/week Computer Technician 25.5128/36.8584 40 hrs/week Crime Analyst 28.6794/38.1368 40 hrs/week Electrical Inspector 27.1431/37.0999 40 hrs/week Emergency Management Coordinator 25.0300/33.6800 40 hrs/week Engineering Technician I - Public Works 25.2600/32.4500 40 hrs/week Engineering Technician II – Public Works 31.3500/40.6300 40 hrs/week Evidence Technician 22.2054/31.4488 40 hrs/week GIS Coordinator 34.2400/47.8500 40 hrs/week Maintenance Worker I – Building, Library, Police 18.8024/25.2757 40 hrs/week Maintenance Worker II – Building, Library, Police 21.5781/28.7625 40 hrs/week Payroll Clerk 23.1606/32.5054 40 hrs/week Plans Examiner 27.0157/39.8241 40 hrs/week Plumbing/Mechanical Inspector 27.0830/36.5581 40 hrs/week Police Records Clerk 19.9522/26.7203 40 hrs/week Public Safety Apprentice 19.7531/25.8858 40 hrs/week Public Safety Dispatcher 22.5270/30.3120 40 hrs/week Senior Accounting Clerk 22.1760/29.8667 40 hrs/week Grand Island Council Session - 10/11/2022 Page 102 / 210 ORDINANCE NO. 9903 (Cont.) - 12 - Senior Engineering Technician – Public Works 34.8500/43.4800 40 hrs/week Shooting Range Operator 26.6273/35.8338 40 hrs/week Systems Technician 42.8267/48.0292 40 hrs/week Wastewater Secretary 20.6626/29.0337 40 hrs/week The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Public Safety Dispatcher who work any hours or portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of seventy-five cents ($0.75) per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. and 11:00 p.m. A shift differential of seventy-five cents ($0.75) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.50 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Grand Island Council Session - 10/11/2022 Page 103 / 210 ORDINANCE NO. 9903 (Cont.) - 13 - Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional Two dollars ($2.00) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of twenty-five cents ($0.25) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work the night shift will receive an additional one dollar ($1.00) per hour for wages attributable to those shifts. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Five-hundred fifty dollars ($550.00) semi-annually. New employees covered by the IBEW Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to One Grand Island Council Session - 10/11/2022 Page 104 / 210 ORDINANCE NO. 9903 (Cont.) - 14 - Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of Seven Hundred dollars ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non- union Community Service Officer Part Time position and the non-union Public Safety Apprentice Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers and full time Public Safety Apprentices shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of Six hundred Fifty dollars ($650.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Grand Island Council Session - 10/11/2022 Page 105 / 210 ORDINANCE NO. 9903 (Cont.) - 15 - Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW-Wastewater Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours unscheduled overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities, the non-union position of Meter Reader – Part Time, and IBEW Wastewater Treatment Plant labor agreements Grand Island Council Session - 10/11/2022 Page 106 / 210 ORDINANCE NO. 9903 (Cont.) - 16 - and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full- time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($12) biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of Thirty dollars ($30.00) biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths (586.18) hours [calculated at 53% x 1,106 hours], the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 hours]. The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two Grand Island Council Session - 10/11/2022 Page 107 / 210 ORDINANCE NO. 9903 (Cont.) - 17 - (542) hours [calculated at 50% x 1,084 = 542]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the IBEW Wastewater labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at 36% x 1,339 hours]. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred nine and one-half (609.5) hours [calculated at 53% x 1,150 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty-eight and sixty-five hundredths Grand Island Council Session - 10/11/2022 Page 108 / 210 ORDINANCE NO. 9903 (Cont.) - 18 - hours (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid forty percent (40%) for their accumulated medical leave at separation of employment after sixteen (16) years of sworn officer service and fifty (50) years of age; fifty percent (50%) for their accumulated medical leave at separation of employment after twenty (20) years of sworn Officer service and fifty-five (55) years of age. An employee’s beneficiary shall be paid fifty percent (50%) of accumulated medical leave an employee’s death not occurring in the line of duty. An employee’s beneficiary shall be paid one hundred percent (100%) of an employee’s accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. Years of service includes time at a previous agency as a sworn Officer and service must be verified. The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half (1/2) of their accumulated medical leave, not to exceed thirty (30) days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half (1/2) of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. Grand Island Council Session - 10/11/2022 Page 109 / 210 ORDINANCE NO. 9903 (Cont.) - 19 - SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($20.00) per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of Ten Dollars ($10.00) per pay period. SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement based upon the total length of service with the City or as a sworn officer with another agency: Officer Five (5) years (beginning 6th year) $ 350.00 Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,000.00 Twenty (20) years (beginning 21st year) $1,350.00 Twenty-five (25) years (beginning 26th year) $1,750.00 Sergeant and Five (5) years (beginning 6th year) $ 375.00 Lieutenant Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,250.00 Twenty (20) years (beginning 21st year) $1,700.00 Twenty-five (25) years (beginning 26th year $2,400.00 Grand Island Council Session - 10/11/2022 Page 110 / 210 ORDINANCE NO. 9903 (Cont.) - 20 - Non-union employees shall receive longevity pay on a prorated basis each regular pay day as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,150.00 Twenty-five (25) years (beginning 26th year) $ 1,650.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $1,000.00 Twenty-five (25) years (beginning 26th year) 1,500.00 Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 Grand Island Council Session - 10/11/2022 Page 111 / 210 ORDINANCE NO. 9903 (Cont.) - 21 - Those employees who are represented by the IBEW Service/Clerical/Finance labor agreement shall annually receive longevity pay as a lump sum payment on the payroll which includes their anniversary date as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. effective October 9, 2022. SECTION 14. Those portions of Ordinance No. 9901 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: October 11, 2022 Roger G. Steele, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 112 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-1 Approving Minutes of September 27, 2022 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 10/11/2022 Page 113 / 210 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 27, 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 September 27, 2022. Notice of the meeting was given in The Grand Island Independent on September 21, 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, Jason Conley, Vaughn Minton, Bethany Guzinski, Maggie Mendoza, Mitch Nickerson, and Chuck Haase. Councilmember Mark Stelk was absent. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Laura McAloon and Interim Public Works Director Keith Kurz. INVOCATION was given by Father Martin Egging, Blessed Sacrament Catholic Church, 518 West State Street followed by the PLEDGE OF ALLEGIANCE. Mayor Steele recognized the employees of the Jackrabbit Run Golf Course and the recognition they received from The Grand Island Independent for the best golf course in Grand Island. PRESENTATIONS: Presentation of the Food & Beverage Occupation Tax Oversight Committee 2022 Annual Report. Chairman Ron Depue presented the 2022 Annual Report of the Food & Beverage Occupation Tax Oversight Committee. PUBLIC HEARINGS: Public Hearing on Request from 4th St Banquet, LLC dba 4th St Banquet, 108 East 4th Street for a Class "CK" Liquor License. City Clerk RaNae Edwards reported that an application for a Class “CK” Liquor License had been received from 4th St Banquet, LLC dba 4th St Banquet, 108 East 4th Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on September 9, 2022; notice to the general public of date, time, and place of hearing published on September 17, 2022; notice to the applicant of date, time, and place of hearing mailed on September 9, 2022. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way for Circle Drive Drainage Improvements; Project No. 2022-D-1 (Michael & Jean Wilson and LA Rentals, LLC). Interim Public Works Director Keith Kurz reported that public right-of-way was needed to accommodate one of the connections from Diers Avenue to the new Claude Road section. The property owners had signed the necessary documents to grant the property. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 10/11/2022 Page 114 / 210 Page 2, City Council Regular Meeting, September 27, 2022 RESOLUTION: #2022-277 - Consideration of Approving Labor Agreement between the City of Grand Island and the International Brotherhood of Electrical Workers, Local 1597 Wastewater Treatment Plant. Human Resources Director Aaron Schmid reported that fourteen job classifications in the Public Works Department were included in the conditions outlined in the labor agreement between the City of Grand Island (City) and the International Brotherhood of Electrical Workers (IBEW), Local 1597 Wastewater Treatment Plant. The current labor agreement would expire as of midnight September 30, 2022. The City and the IBEW met to negotiate the terms of a new agreement. Staff recommended approval. Motion by Nickerson, second by Minton to approve Resolution #2022-227. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: Councilmember Guzinski moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9901 - Consideration of Approving Salary Ordinance 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 this ordinance 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 failed. Human Resources Director Aaron Schmid reported that the proposed salary ordinance recognized the changes to the collective bargaining agreement between the City of Grand Island and the International Brotherhood of Electrical Workers, Grand Island Lodge No. 1597 Wastewater Treatment Plant effective October 1, 2022. Staff recommended approval. Motion by Paulick, second by Minton to approve Ordinance #9901. City Clerk: Ordinance #9901 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9901 on second and final reading. All those in favor of this passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9901 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 10/11/2022 Page 115 / 210 Page 3, City Council Regular Meeting, September 27, 2022 CONSENT AGENDA: Consent Agenda item G-10 (Resolution #2022-267) was removed from the agenda for further discussion. Motion by Paulick, second by Conley to approve the Consent Agenda excluding item G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 13, 2022 City Council Regular Meeting. Approving Minutes of September 20, 2022 City Council Study Session. Approving Garbage Permits for Grand Island Disposal, Inc. and Mid-Nebraska Disposal, Inc. and Refuse Permits for Trash Bee Gone, O’Neill Transportation and Equipment, LLC, and United Trailer Sales, LLC. #2022-261 - Approving Request from 4th St Banquet, LLC dba 4th St Banquet, 108 East 4th Street for a Class "CK" Liquor License and Liquor Manager Designation for Reyna Romero, 5419 W Old Potash Highway. #2022-262 - Approving Acquisition of Public Right-of-Way for Circle Drive Drainage Improvements; Project No. 2022-D-1 (Michael & Jean Wilson and LA Rentals, LLC). #2022-263 - Approving Temporary Construction Easement for Circle Drive Drainage Improvements; Project No. 2022-D-1 (Michael & Jean Wilson and LA Rentals, LLC). #2022-264 - Consideration of Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2022 Eucharistic Procession. #2022-265 - Approving Certificate of Final Completion for St. James Downtown Parking Lot Improvements; Project No. 2021-PL-1 with Morten Construction, LLC of Kearney, Nebraska. #2022-266 - Approving Amendment No. 2 to Engineering Consulting Agreement for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 with Alfred Benesch & Company of Lincoln, Nebraska for an Increase of $226,521.00 and a Revised Contract Amount of $419,789.00. #2022-267 - Approving Resolution Directing Property Owner to Repair Sidewalk at 3108 Dixie Square. Interim Public Works Director Keith Kurz explained the process taken with the Public Works Department and Code Enforcement to repair sidewalks. These were complaint driven and there had been no response from the property owner. Motion by Nickerson, second by Minton to approve Resolution #2022-267. Upon roll call vote, all voted aye. Motion adopted. #2022-268 - Approving Change Order No. 2 for Moores Creek Storm Sewer Improvements; Project No. 2021-D-2(B) with Mid Nebraska Land Developers, LLC of Aurora, Nebraska for Time Extension from September 30, 2022 to November 30, 2022. Grand Island Council Session - 10/11/2022 Page 116 / 210 Page 4, City Council Regular Meeting, September 27, 2022 #2022-269 - Approving Change Order No. 2 for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 with Elsbury Construction, LLC of Grand Island, Nebraska for Time Extension from October 1, 2022 to November 30, 2022. #2022-270 - Approving Change Order No. 2 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 with The Diamond Engineering Company of Grand Island, Nebraska to Time Extension from October 14, 2022 to March 31, 2023. #2022-271 - Approving Change Order No. 1 for Asphalt Resurfacing Project No. 2022-AC-1 with Gary Smith Construction Co., Inc. of Grand Island, Nebraska for Time Extension from September 9, 2022 to October 31, 2022. #2022-272 - Approving Change Order #1 Gas Turbine 2 Hot Gas Path Inspection with General Electric International, Inc. for an Increase of $40,960.85 and a Revised Contract Amount of $1,064,982.10. #2022-273 - Approving Certificate of Final Completion WMP 2022-W-1 - 18th Street Conflicts with The Diamond Engineering Co. of Grand Island, Nebraska. #2022-274 - Approving Designating Revenue Bonds (Tabitha Grand Island Project), Series 2021B, as Qualified Tax-Exempt Obligations Under Section 265 of The Internal Revenue Code. #2022-275 - Approving Purchase of Self Contained Breathing Apparatus from Sandry Fire Supply of De Witt, Iowa in an Amount of $31,832.00. #2022-276 - Approving Amendment to the Interlocal Cooperation Agreement with the Hall County Airport Authority. PAYMENT OF CLAIMS: Motion by Minton, second by Guzinski to approve the payment of claims for the period of September 14, 2022 through September 27, 2022 for a total amount of $9,841,352.53. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/11/2022 Page 117 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-2 #2022-278 - Approving Final Plat and Subdivision Agreement for Legacy 34 Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 118 / 210 Council Agenda Memo From:Regional Planning Commission Meeting:October 11, 2022 Subject:Legacy 34 Second Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Husker Highway and west of Prairieview Street in the City of Grand Island, Nebraska. The Preliminary Plat for Legacy 34 Subdivision (304 Lots, 12 Outlots and 197.14 Acres) was approved in November of 2021. This final plat for Legacy 34 Second Subdivision (23 lots, 10 Outlots, 20.109 Acres). Legacy 34 Second Subdivision will be zoned RD – Residential Development Zone and CD Commercial Development Zone if approved. Discussion The preliminary plat for the whole property and final plat for Legacy 34 First Subdivision were considered at the Regional Planning Commission at the November 3, 2021 meeting during the discussion of the rezoning. A motion was made by Hendricksen and second by Randone to approve the proposed rezoning and Final Plat of Legacy 34 Second Subdivision. The motion was carried with ten members voting in favor (Nelson, O’Neill, Ruge, Olson, Robb, Monter, Rainforth, Rubio, Hendricksen and Randone) and no members abstaining or voting no (Allan and Doane were absent). 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 - 10/11/2022 Page 119 / 210 Recommendation City Administration recommends that Council approve the preliminary and final plats as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/11/2022 Page 120 / 210 Developer/Owner Innate Development 2 LLC 1201 Allen Dr. #240 Grand Island, NE 68803 To create Size: Final Plat 23 lots 10 0utlots, 20.109 Acres Zoning: RD – Residential Development Zone and CD Commercial Development Zone. Road Access: Nyla Avenue will be a 37’ concrete curb and gutter, public street. Weaver Street, Innate Land and Brecken Street will be a private street to be owned and maintained by the development. Water: City Water is available to the subdivision and will be extended to all lots. Sewer: City Sewer is available to the subdivision and will be extended to all lots. Grand Island Council Session - 10/11/2022 Page 121 / 210 SOUTH 1/4 COR. SEC. 25-T11N-R10W LOT 3 LOT 4 LOT 5 SOUTHEAST COR. SOUTHWEST 1/4, SOUTHEAST 1/4 SEC. 25-T11N-R10W N50°2 7'30" E 206. 12'( M) N80°27'30"E 43.50'(M) N45°34'52"E 388.23'( M) S 4 2 ° 5 2 ' 3 2 " E 2 4 9 . 7 0 ' (M ) C2 C3 N89°32'23"E 284.12'(M)S00°28'30"E 796.30'(M)S89°22'55"W 1112.70'(M)N00°37'05"W 166.00'(M,P)C181.74'(M) L11 S 4 2 ° 5 2 ' 3 2 " E 1 6 7 . 0 1 ' (M ) C7 C6 N89°31'30"E 63.62'(M) N00°28'30"W 60.00'(M) S89°31'30"W 63.62'(M) C11 N89°22'55"E 591.71'(M)C9 N57°01'04"E 59.58'(M) N82°12'35"E 147. 7 6 ' ( M ) C10 N89°22'55"E 591.71'(M) C8 N57°01'04"E 58.74'(M) S89°22'55"W 39.05'(M) C5N00°28'30"W 388.97'(M)L24 S00°28'30"E 388.97'(M)C 4 N89°22'55"E 39.20'(M)L25N89°31'30"E 76.00'(M)N00°28'30"W 328.94'(M)S89°31'30"W 76.00'(M)NYLA STREET105.54'(M)105.54'(M)107.93'(M)107.93'(M)115.47'(M)S89°31'30"W 76.00'(M)115.47'(M)N89°31'30"E 76.00'(M) N00°28'30"W 60.03'(M) N89°33'05"E 158.50'(M)S00°28'30"E 507.80'(M)N89°22'55"E 376.93'(M) C12 133.27'(M)S11°48'05"W 40.92'(M)S00°37'05"E 220.00'(M)S89°22'55"W 418.27'(M) C13 N89°22'55"E 214.78'(M) N50°27' 30"E 2 22.24'( M) N20°27'30"E 46.51'(M)72.98'(M)S4 5 ° 0 6 ' 4 9 " E 9 6 . 7 4 ' (M ) N73°12'23"E 53.01'(M) S69°49'40"E 29.93'(M)S16°12'57"E 224 .65 '(M) S00°37'05"E 70.46'(M) 189.83'(M) S82°12'35"W 147 . 4 3 ' ( M )S45°34'52"W 389.12'( M)125.01'(M) L 1 2 L13L14104.43'(M) N 4 4 ° 4 1 ' 4 9 "W 8 0 . 0 2 ' (M )109.39'(M)108.80'(M)80.55'(M)L1 8 L20S44°51'16"W 149.37'( M) L10 N45°18'11"E 213.22'( M) L 1 5 L16L2 1 S22°03'18"W105.81'(M)S10°05'56"E 201.61'(M)N89°22'55"E 42.01'(M)S00°37'05"E71.87'(M)102.37'(M)N00°37'14"W 114.78'(M)73.33'(M)N09°37'05"WS80°22'55"W 72.00'(M)N10°05'56"W88.29'(M)N22°03'18"E100.44'(M)C18 S28°15 '11 "E 1 4 0 .64 ' (M )S00°37'14"E 226.88'(M)L9110.21'(M) N89°22'55"E 44.11'(M)N09°37'05"W105.37'(M)N79°54'04"E 85.83'(M) 86.12'(M) S89°22'55"W91.18'(M)110.43'(M)S85°38'06"E 88.64'(M) C17L22L23 C19 S89°22'55"W 88.66'(M)109.42 ' (M )101.29'(M)S89°22'55"W 74.17'(M)73.63'(M)L2 6 111.00'(M)L7 L862.16'(M)N00°37'14"W 153.25'(M)N89°22'55"E 52.00'(M)L552'(M)L4 L6N00°37'05"W 212.29'(M)N29° 5 4 '19 "W117.21 ' (M ) C20 C21 S11°27'59"E75.69'(M) S 4 3 ° 0 6 ' 4 3 " E 6 6 . 9 3 ' (M )S00°37'05"E 273.96'(M)102.50'(M)N89°22'55"E 77.68'(M)102.50'(M)S89°22'55"W 77.42'(M) 53.81'(M)N00°37'05"W 231.71'(M)N79°29'38"E 100.51'(M)S00°37'05"E 298.32'(M)31.12'(M)C16C15L112.62'(M)96.82'(M)N89°22'55"E 66.42'(M) C14L2L3 99.00'(M)N89°22'55"E 77.93'(M)99.00'(M)C23 96.36'(M)N12°17'09"W96.01'(M)C22 L 1 7 L1 9 C24 C25S72°38'11"W 35.59'(M)L27L28 ROAD RIGHT-OF-WAY DEDICATED WITH THIS PLAT BREC K E N S T R E E T INNATE LANE WEA V E R ST R EET 20' UTILITY EASEMENT DEDICATED WITH THIS PLAT 7' UTILITY EASEMENT DEDICATED WITH THIS PLAT 7' UTILITY EASEMENT DEDICATED WITH THIS PLAT 62' R.O.W. N00°28'30"W 45.00'(M,D)N00°28'30"W 2637.00'(M)OUTLOT A C26 C27C2 8 S 4 2 ° 5 2 ' 3 2 " E 6 0 . 0 2 ' (M ) 7' UTILITY EASEMENT DEDICATED WITH THIS PLAT 20' SOUTHEAST CORNER LEGACY 34 FIRST SUB 80' 80' 105'60'60'62'RIGHT-OF-WAYDEDICATEDWITH THISPLATC291 8 9 . 6 8 ' (M ) S89°22'55"W 614.96'(M) CURVE TABLE LINE TABLE EXISTING ROW LINE SECTION CORNER SECTION LINE SET CORNER (5/8"x24" REBAR w/CAP) MEASURED DISTANCE PLATTED DISTANCE - LEGACY 34 1ST SUB M P NEW SUBDIVISION LINE NEW LOT LINE FOUND CORNER (5/8" REBAR w/CAP) POB FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 NORTHEAST COR. WEST 1/2, SOUTHEAST 1/4 SEC.25-T11N-R10W EASEMENT LINE DEEDED DISTANCED OWNERS: INNATE DEVELOPMENT 2, LLC SUBDIVIDER: INNATE DEVELOPMENT 2, LLC SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 23 LOTS/ 10 OUTLOTS SOUTH 1/4 CORNER, SEC. 25-T11N-R10W FOUND 2" ALUMINUM CAP AT GRADE S 1.0'TO CENTERLINE OF HUSKER HIGHWAY NNW 43.40'TO SOUTH NUT OF FIRE HYDRANT NW 51.10'TO NAIL IN POWER POLE SW 46.50'TO NAIL IN FENCE POST S 43.05'TO NAIL IN FENCE POST SE 56.47'TO PK NAIL w/WASHER STAMPED L.S. 458 ON FENCE POST NORTHEAST CORNER, W1/2, SE1/4, SECTION 25-T11N-R10W FOUND 3/4" BAR 0.4'± BELOW GRADE N 1.3' TO CHAIN LINK FENCE SE 13.15' TO MAG NAIL WITH WASHER IN NORTH FACE OF CORNER FENCE POST SE 6.79' TO MAG NAIL WITH WASHER IN NORTH FACE OF BRACE POST SOUTHEAST CORNER, SW 1/4, SE 1/4 , SEC. 25-T11N-R10W SET 5/8" REBAR w/CAP NNW 27.98' TO MAG NAIL IN TOP OF CURB INSIDE OF DRIVING LANE ON CONCRETE BRICK JOINT NE 68.15' TO MAG NAIL IN TOP OF CURB INSIDE OF DRIVING LANE ON CONCRETE BRICK JOINT ESE 71.83' TO MAG NAIL IN TOP OF CURB INSIDE OF DRIVING LANE ON CONCRETE BRICK JOINT E 34.34' TO MAG NAIL IN TOP OF CUB INSIDE OF DRIVING LANE NEXT TO CONCRETE BRICK JOINT ESE 58.74' TO MAG NAIL IN TOP OF CURB INNER CIRCLE Grand Island Council Session - 10/11/2022 Page 122 / 210 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 A TRACT OF LAND LOCATED IN PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LEGACY 34 FIRST SUBDIVISION AND BEING THE INTERSECTION OF NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY AND THE EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00°37'05"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE, A DISTANCE OF 166.00 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 35°19' 00", HAVING A RADIUS OF 595.00 FEET, AND CHORD BEARING N18°16'35"W A CHORD DISTANCE OF 360.97 FEET; THENCE N50°27'30"E A DISTANCE OF 206.12 FEET; THENCE N80°27'30"E A DISTANCE OF 43.50 FEET; THENCE N45°34'52"E A DISTANCE OF 388.23 FEET; THENCE S42°52'32"E A DISTANCE OF 249.70 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 89°25'48", HAVING A RADIUS OF 70.00 FEET, AND CHORD BEARING S87°35'26"E A CHORD DISTANCE OF 98.50 FEET TO A CONTINUED POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 41°49'49", HAVING A RADIUS OF 285.00 FEET, AND CHORD BEARING N68°36'35"E A CHORD DISTANCE OF 203.48 FEET; THENCE N89°32'23"E A DISTANCE OF 284.12 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4); THENCE S00°28'30"E, ALONG SAID EAST LINE OF THE SW1/4, SE1/4, A DISTANCE OF 796.30 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55"W, ALONG SAID NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 1112.70 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 875932.17 SQUARE FEET OR 20.109 ACRES MORE OR LESS OF WHICH 0.984 ACRES ARE NEW DEDICATED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY THAT ON ______________________, 2022, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LAND CONSISTING OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS. _______________________________________________________ JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630 KNOW ALL MEN BY THESE PRESENTS, THAT INNATE DEVELOPMENT 2, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNER OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "" IN PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2022. _______________________________ SCOTT P. RIEF, MANAGING MEMBER INNATE DEVELOPMENT 2, LLC ON THIS ____ DAY OF ___________, 2022, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED SCOTT P. RIEF, MANAGING MEMBER, INNATE DEVELOPMENT 2, LLC , TO BE PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _______________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS ____ DAY OF ______ , 2022. _______________________________ MAYOR _______________________________ CITY CLERK OWNERS: INNATE DEVELOPMENT 2, LLC SUBDIVIDER: INNATE DEVELOPMENT 2, LLC SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 23 LOTS/ 10 OUTLOTS Grand Island Council Session - 10/11/2022 Page 123 / 210 SUBDIVISION AGREEMENT LEGACY 34 SECOND SUBDIVISION LOTS 1-23 Inclusive and Outlots A-J Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, Innate Development 2 LLC, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LEGACY 34 FIRST SUBDIVISION AND BEING THE INTERSECTION OF NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY AND THE EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00°37'05"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF LEGACY DRIVE, A DISTANCE OF 166.00 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE * This Space Reserved for Register of Deeds * Grand Island Council Session - 10/11/2022 Page 124 / 210 - 2 - IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 35°19' 00", HAVING A RADIUS OF 595.00 FEET, AND CHORD BEARING N18°16'35"W A CHORD DISTANCE OF 360.97 FEET; THENCE N50°27'30"E A DISTANCE OF 206.12 FEET; THENCE N80°27'30"E A DISTANCE OF 43.50 FEET; THENCE N45°34'52"E A DISTANCE OF 388.23 FEET; THENCE S42°52'32"E A DISTANCE OF 249.70 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 89°25'48", HAVING A RADIUS OF 70.00 FEET, AND CHORD BEARING S87°35'26"E A CHORD DISTANCE OF 98.50 FEET TO A CONTINUED POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, WITH A DELTA ANGLE OF 41°49'49", HAVING A RADIUS OF 285.00 FEET, AND CHORD BEARING N68°36'35"E A CHORD DISTANCE OF 203.48 FEET; THENCE N89°32'23"E A DISTANCE OF 284.12 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4); THENCE S00°28'30"E, ALONG SAID EAST LINE OF THE SW1/4, SE1/4, A DISTANCE OF 796.30 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY; THENCE S89°22'55"W, ALONG SAID NORTH RIGHT-OF-WAY LINE OF HUSKER HIGHWAY, A DISTANCE OF 1112.70 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 875932.17 SQUARE FEET OR 20.109 ACRES MORE OR LESS OF WHICH 0.984 ACRES ARE NEW DEDICATED ROAD RIGHT-OF-WAY. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as LEGACY 34 SECOND SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said LEGACY 34 SECOND SUBDIVISION, the Grand Island Council Session - 10/11/2022 Page 125 / 210 - 3 - Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Residential and Commercial Development Zone. This subdivision is within a designated Residential Development Zone and Commercial Development Zone and shall be regulated in accordance with Chapter 36 of the Grand Island City Code. A Development Plan as attached hereto and incorporated herein by reference is hereby approved for such Subdivision. Any amendments to such Development Plan shall be approved by the City of Grand Island in accordance with the Grand Island City Code. The official Development Plan shall be on file with the City's Planning Department. 2.Paving. The Subdivider agrees to pave Nyla Street in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. If the Subdivider fails to pave Nyla Street, the City may create a paving district to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving district for Husker Highway where it abuts the subdivision. The Subdivider agrees that Weaver Street, Innate Lane and Brecken Street are private streets that provide access to the adjoining properties. The developer or owners association is responsible for all maintenance and snow removal on Weaver Street, Innate Lane and Brecken Street. 3.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 4.Sanitary Sewer. Public sanitary sewer is available to the subdivision and Grand Island Council Session - 10/11/2022 Page 126 / 210 - 4 - the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 5.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 6.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Street Name Curb sidewalk Conventional Sidewalk Hike/Bike Trail Nyla Street x 7.Electric. The Subdivider agrees to install all conduit, both primary and secondary, as well as all necessary transformer pads in the subdivision in accordance with plans and specifications approved by the Utilities Department, and subject to the City’s inspection. 8.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. Grand Island Council Session - 10/11/2022 Page 127 / 210 - 5 - 9.Outlots. Subdivider, its successors, assigns, heirs, devisees, and legatees, and any subsequent owners of any Lot shall have a perpetual right of ingress/egress to Outlots A- J inclusive for the purpose of fire company operations, parking access including but not limited to parking stalls, access to common green spaces, access for the purpose of surveying, constructing, inspecting, maintaining, repairing, replacing, relocating, extending, removing and operating private utilities, including but not limited to –electric, water, sewer, storm sewer, telecommunication, data and items incidental or related thereto which may be under, upon or over Outlots A-J inclusive which shall be completed at the expense of the benefitted Lot Owners. Additionally, the benefitted Lot Owners shall be responsible for restoring Outlots A-J inclusive to its condition as it existed prior to such construction, replacement, maintenance or repairs. 10.Design and Construction. No building shall be constructed except within the Building Envelope Areas as defined on the Development Plan. The buildings to be constructed shall be consistent with the designs approved with the development plan including 150 units of apartments in three story buildings with 10 units per building as shown in the attached development plan and attached elevations and floor plans and four carriage houses with one dwelling unit in each carriage house. No portion of any building constructed (including architectural features) shall exceed a height of 50 feet above the center of the street at the midpoint of the front property line. The subdivider further agrees that no buildings shall be constructed on lots 1, 23 and 24 (CD Commercial Development Zone) without approval of building layout and design through an amendment to the CD Zone approved by the City Council. 11.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. Grand Island Council Session - 10/11/2022 Page 128 / 210 - 6 - In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 12.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 13.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as LEGACY 34 SECOND SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 14.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots or Outlots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Grand Island Council Session - 10/11/2022 Page 129 / 210 - 7 - Dated _____________________, 2022. INNATE DEVELOPMENT 2., A NEBRASKA LIMITED LIABILITY COMPANY, Subdivider By: ____________________________________ Scott P. Rief, Managing Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2021, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Scott P. Rief, Managing Member of Innate Development 2, L.L.C., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of Innate Development 2, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) Grand Island Council Session - 10/11/2022 Page 130 / 210 - 8 - 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 - 10/11/2022 Page 131 / 210 - 9 - Grand Island Council Session - 10/11/2022 Page 132 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-278 WHEREAS know all men by these presents, that “Innate Development 2 , LLC, A Nebraska Limited Liability Company, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “LEGACY 34 SECOND SUBDIVISION”, A tract of land located in part of the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) Of Section Twenty-Five (25), Township Eleven (11) North, Range Ten (10) West of the 6TH P.M., In The City of Grand Island, Hall County, Nebraska; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LEGACY 34 SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 133 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-3 #2022-279 - Approving Purchase of One (1) 2023 D7 Tracked Dozer with Waste Handler Arrangement for the Solid Waste Division of the Public Works Department Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 134 / 210 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:October 11, 2022 Subject:Approving Purchase of One (1) 2023 D7 Tracked Dozer with Waste Handler Arrangement for the Solid Waste Division of the Public Works Department Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Solid Waste Division utilizes a dozer on a daily basis for pushing and spreading solid waste and cover material at the landfill, making it a vital piece of equipment. The 2019 D8T dozer currently used at the landfill has nearly 8,000 operating hours on it. Grand Island Council Session - 10/11/2022 Page 135 / 210 Discussion The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) with Resolution 2014-326, which is now known as Sourcewell. To meet competitive bidding requirements, the Solid Waste Division obtained pricing from the Sourcewell Contract No. 032119 CAT awarded to NMC/ Nebraska Machinery Company of Doniphan, Nebraska. Public Works staff is recommending the purchase of one (1) 2023 Caterpillar D7 Tracked Dozer with Waste Handler Arrangement from NMC/ Nebraska Machinery Company of Doniphan, Nebraska in the amount of $889,800.00. NMC is offering $215,500.00 trade value for the 2019 D8T Dozer (which is estimated to have 9,500-10,000 hours at trade time) for a net purchase price of $674,300.00. 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 Grand Island Council Session - 10/11/2022 Page 136 / 210 Recommendation City Administration recommends that the Council approve the purchase of one (1) 2023 Model D7 Tracked Dozer with Waste Handler Arrangement from NMC/ Nebraska Machinery Company of Doniphan, Nebraska in the amount of $889,800.00, with a trade in allowance of $215,500.00 for a net purchase price of $674,300.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 137 / 210 Approved as to Form ¤ ___________ October 6, 20222 ¤ City Attorney R E S O L U T I O N 2022-279 WHEREAS, the National Joint Powers Alliance Buying Group, now known as Sourcewell, was utilized to secure competitive bids for one (1) 2023 Model D7 Tracked Dozer with Waste Handler Arrangement by the Solid Waste Division of the Public Works Department; and WHEREAS, the Sourcwell Contract No. 032119 CAT was awarded to NMC/ Nebraska Machinery Company of Doniphan, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of one (1) 2023 Model D7 Tracked Dozer with Waste Handler Arrangement from NMC/ Nebraska Machinery Company of Doniphan, Nebraska in the amount of $889,800.00, with a trade in allowance of $215,500.00 for a net purchase price of $674,300.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for the 2023 D7 Tracked Dozer with Waste Handler Arrangement from NMC/ Nebraska Machinery Company of Doniphan, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 138 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-4 #2022-280 - Approving Bid Award for Circle Drive Drainage Improvements; Project No. 2022-D-1 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 139 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Bid Award for Circle Drive Drainage Improvements; Project No. 2022-D-1 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On September 13, 2022 the Engineering Division of the Public Works Department advertised for bids for Circle Drive Drainage Improvements; Project No. 2022-D-1. The bid package for this project was sent to twelve (12) potential bidders. This project consists of the northwest area of Stewart Place Subdivision. Discussion Three (3) bids were received and opened on September 29, 2022. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Elsbury Construction, LLC of Grand Island, NE None $57,648.80 The Diamond Engineering Co. of Grand Island, NE None $82,725.37* Myers Construction, Inc. of Broken Bow, NE None $99,142.00 *Corrected Bid Public Works Engineering staff has negotiated with the low bidder to come up with cost saving options. After value engineering the project the revised construction cost with Elsbury Construction, LLC is $55,628.18. Grand Island Council Session - 10/11/2022 Page 140 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Elsbury Construction, LLC of Grand Island, Nebraska in amount of $55,628.18. Sample Motion Move to approve the bid award. Grand Island Council Session - 10/11/2022 Page 141 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 29, 2022 at 2:00 p.m. FOR:Circle Drive Drainage Improvements; Project No. 2022-D-1 DEPARTMENT:Public Works ESTIMATE:$53,000.00 FUND/ACCOUNT:40000400 PUBLICATION DATE:September 10, 2022 NO. POTENTIAL BIDDERS:16 SUMMARY Bidder:Diamond Engineering Co.Myers Construction, Inc. Grand Island, NE Broken Bow, NE Bid Security:Universal Surety Co.United Fire & Casualty Co. Exceptions:None None Bid Price:$83,725.37 $99,142.00 cc: Bidder:Elsbury Construction, LLC Grand Island, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$57,648.80 Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, Engineer I P2395 Grand Island Council Session - 10/11/2022 Page 142 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-280 WHEREAS, the City of Grand Island invited sealed bids for Circle Drive Drainage Improvements; Project No. 2022-D-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on September 29, 2022, bids were received, opened, and reviewed; and WHEREAS, Elsbury Construction, LLC of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $55,628.18. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Elsbury Construction, LLC of Grand Island, Nebraska in amount of $55,628.18 for Circle Drive Drainage Improvements; Project No. 2022-D-1 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 143 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-5 #2022-281 - Approving Bid Award for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019- P-12 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 144 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Bid Award for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 Presenter(s):Keith Kurz PE, Interim Public Works Director Background The North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 is for the improvement of North Road from just north of the intersection with US Highway 30 and the intersection with Old Potash Highway. The Engineering Division of the Public Works Department is proposing a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and all other related improvements needed to complete the project. On September 15, 2022 the Engineering Division of the Public Works Department advertised for bids for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12. There were fifteen (15) potential bidders for this project. Discussion Two (2) bids were received and opened on October 4, 2022. The bids were submitted in compliance with the contract, plans and specifications. A summary of the bids is shown below. Bidder Exceptions Base Bid The Diamond Engineering Co of Grand Island, Nebraska None $1,357,957.70 Elsbury Construction, LLC of Grand Island, Nebraska None $1,431,109.80 There are sufficient funds in Account No. 21000001-2100-40041 to fund this project. Grand Island Council Session - 10/11/2022 Page 145 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the contract for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,357,957.70 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 10/11/2022 Page 146 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 4, 2022 at 2:15 p.m. FOR:North Road – Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 DEPARTMENT:Public Works ESTIMATE:$2,500,000.00 FUND/ACCOUNT:21000001-2100-40041 PUBLICATION DATE:September 15, 2022 NO. POTENTIAL BIDDERS:20 SUMMARY Bidder:Diamond Engineering Co.Elsbury Construction Grand Island, NE Grand Island, NE Bid Security:Universal Suety Co.Universal Suety Co Exceptions:None None Section A:$1,257,174.35 $1,280,419.93 Section B:$ 80,263.35 $ 122,959.01 Section C:$ 18,270.00 $ 26,959.47 Section D:$ 2,250.00 $ 771.39 Total Bid:$1,357,957.70 $1,431,109.80 cc:Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, Engineer I P2396 Grand Island Council Session - 10/11/2022 Page 147 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-281 WHEREAS, the City of Grand Island invited sealed bids for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on October 4, 2022 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,357,957.70; and WHEREAS, The Diamond Engineering Company’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2022/2023 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,357,957.70 for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 148 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-6 #2022-282 - Approving Change Order No. 1 for Lift Station No. 17 Improvements; Project No. 2021-S-9 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 149 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Change Order No. 1 for Lift Station No. 17 Improvements; Project No. 2021-S-9 Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $1,574,703.47 contract on July 26, 2022, via Resolution No. 2022-186, for Lift Station No. 17 Improvements; Project No. 2019-S-9. Lift Station No. 17 Improvements; Project No. 2021-S-9 is for the relocation and construction of a new sanitary sewer lift station that will replace the existing lift station which is currently located north of the intersection of South Locust Street and Exchange Road, on the west side of South Locust Street. Due to lack of space, the replacement lift station would more than likely go on the east side of South Locust Street. Along with a new lift station, new force main will need to be installed such that the discharge location will outlet to manhole 287 just east of the existing lift station. Also included will be the associated paving, sidewalk, traffic control and all other items needed to complete the project. Discussion Change Order No. 1 to the referenced project is being requested to repair sanitary sewer main in the immediate vicinity of Lift Station No. 17. Change Order No. 1 will result in a contract increase of $93,123.10, resulting in a revised contract amount of $1,667,826.57. A time extension to the original contract is also requested from August 15, 2023 to September 15, 2023. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 10/11/2022 Page 150 / 210 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 Lift Station No. 17 Improvements; Project No. 2021-S-9 with The Diamond Engineering Company of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 151 / 210 CHANGE ORDER NO. 1 PROJECT:Lift Station No. 17 Improvements; Project No. 2021-S-9 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $1,574,703.47 CONTRACT DATE: July 27, 2022 Sanitary sewer main repair in the immediate vicinity of Lift Station No. 17. Item No.Description Quantity Unit Unit Price Total Price 2 Remove Existing Pavement + 115.00 SY $ 12.10 $ 1,391.50 23 10” Concrete Pavement + 115.00 SY $ 126.10 $ 14,501.50 30 Dewatering + 1.00 LS $ 26,272.00 $ 26,272.00 34 Traffic Control + 1.00 LS $ 3,760.00 $ 3,760.00 CO1-1 Type 1 Sanitary Sewer Repair + 1.00 LS $ 47,198.10 $ 47,198.10 Change Order No. 1 Total =$ 93,123.10 Contract Price Prior to this Change Order……………………………………$ 1,574,703.47 Increase Resulting from this Change Order……………………….…………$ 93,123.10 Revised Contract Price Including this Change Order…………….…………$ 1,667,826.57 Notice to Proceed Date ………………………………………………..………July 27, 2022 Original Completion Date ………………………………………………...……August 15, 2023 Change Order No. 1 Revised Completion Date ……………………….……September 15, 2023 The Above Change Order Accepted: The Diamond Engineering Company By___________________________________________________Date_______________________ Approval Recommended: By__________________________________________________Date________________ Keith Kurz PE, Interim Public Works Director/City Engineer Grand Island Council Session - 10/11/2022 Page 152 / 210 2 | Page City of Grand Island | Change Order No. 1 Lift Station No. 17 Improvements; Project No. 2021-S-9 Approved for the City of Grand Island, Nebraska By____________________________________________________Date________________________ Mayor Attest_________________________________________________ City Clerk Grand Island Council Session - 10/11/2022 Page 153 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-282 WHEREAS, on July 26, 2022, via Resolution No.2022-186, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $1,574,703.47 for Lift Station No. 17 Improvements; Project No. 2021-S-9; and WHEREAS, a sanitary sewer main repair in the immediate vicinity of Lift Station No. 17 is necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $93,123.10 for a revised contract price of $1,667,826.57; and WHEREAS, a time extension to the original contract is also requested from August 15, 2023 to September 15, 2023. 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 in the amount of $93,123.10 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 154 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-7 #2022-283 - Approving Award of Landfill Grade Software for the Solid Waste Division of the Public Works Department Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 155 / 210 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:October 11, 2022 Subject:Approving Award of Landfill Grade Software for the Solid Waste Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Solid Waste Division of the Public Works Department uses a geospatial positioning system (GPS) daily at the Grand Island Regional Landfill, which is a complete GPS system that allows the user to perform modeling, survey, and machine control functions. This system is also critical for guiding equipment operators to properly place waste on a daily basis for maintaining proper grades for storm water to flow properly. The current GPS Trimble equipment and software was purchased in 2008 and is in need of replacement. Discussion The City of Grand Island City Council approved the use of the Admin Minnesota Materials Management with Resolution No. 2013-368. To meet competitive bidding requirements the Solid Waste Division obtained pricing from the Admin Minnesota Materials Management Contract No. 171660 awarded to RDO Integrated Controls of Bloomington, Minnesota. The package to be purchased includes the MC-8 display, which is simply the main display that the machine operator uses for daily work; along with Vx7 receiver, receiver and display mounts, all necessary cables, software, installation and warranty. The system and software is from a U.S. company with knowledgeable support based in North America. It will also enable staff to begin archiving daily data in CAD friendly formats that anyone in the Public Works Department would be able to use and access. Public Works staff is recommending the purchase of one (1) complete GPS system from RDO Integrated Controls of Bloomington, Minnesota in the amount of $43,642.75. Grand Island Council Session - 10/11/2022 Page 156 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of one (1) MC-8 Control Box, with associated software and accessories from RDO Integrated Controls of Bloomington, Minnesota in the amount of $43,642.75 for the Solid Waste Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 157 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-283 WHEREAS, Admin Minnesota Materials Management, cooperative purchasing group was utilized to secure competitive bids for (1) MC-8 Control Box, with associated software and accessories for the Solid Waste Division of the Public Works Department; and WHEREAS, Admin Minnesota Materials Management Contract No. 171660 was awarded to RDO Integrated Controls of Bloomington, Minnesota; and WHEREAS, the Public Works Department has recommended the purchase of (1) MC-8 Control Box, with associated software and accessories from RDO Integrated Controls in the amount of $43,642.75. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of (1) MC-8 display, with associated software and accessories from RDO Integrated Controls in the amount of $43,642.75 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 158 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-8 #2022-284 - Approving Purchase of New Front-End Loader for the Wastewater Division of the Public Works Department Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 159 / 210 Council Agenda Memo From:Matt Walker PE, Assistant Public Works Director- Wastewater Meeting:October 11, 2022 Subject:Approving Purchase of New Front-End Loader for the Wastewater Division of the Public Works Department Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Wastewater Division of the Public Works Department has budgeted funds for a new Front End Loader in the 2022/2023 fiscal year. The current 2006 Case 621D Unit has 2,264 hours and has been offered for trade-in, with a value of $31,600.00. The front end loader is used daily to load wastewater sludge, manage the compost area, clean out dump site and for snow removal. Discussion The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326. To meet competitive bidding requirements, the Wastewater Division obtained pricing Grand Island Council Session - 10/11/2022 Page 160 / 210 from the (NJPA) Sourcewell Contract No. 032119CAT awarded to Caterpillar, Inc.; with NMC of Doniphan, Nebraska assigned as our authorized dealer. NMC has on-hand a new 2023 model 938M. Per the Sourcewell Contract No. 032119CAT the price for the new unit, that meets the City’s requirements, will be $348,088.00. NMC is offering $31,600.00 trade value for the 2006 Case 621D for a net purchase price of $316,488.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a 2023 CAT 938M from NMC of Doniphan, Nebraska for a net purchase price of $316,488.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 161 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-284 WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance, cooperative purchasing group was utilized to secure competitive bids for a New Front End Loader by the Wastewater Division of the Public Works Department; and WHEREAS, Sourcewell Contract No. 032119CAT was awarded to Caterpillar, Inc. and authorized NMC of Doniphan, Nebraska to offer said contract pricing to the City of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of a 2023 CAT 938M Front End Loader from NMC of Doniphan, Nebraska for a purchase price of $348,088.00 with a trade in allowance of $31,600.00 for a net purchase price of $316,488.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for the 2023 CAT 938M Front End Loader from NMC of Doniphan, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 162 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-9 #2022-285 - Approving Concurrence of Bid Award to The Diamond Engineering Company for Five Points Intersection Improvements Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 163 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Concurrence of Bid Award to The Diamond Engineering Company for Five Points Intersection Improvements Presenter(s):Keith Kurz PE, Interim Public Works Director Background On February 14, 2017, via Resolution No. 2017-34, City Council approved an agreement with Olsson Associates of Lincoln, Nebraska, in the amount of $72,550.00 for engineering services related to Five Points Signal and Geometric Improvements. This project was for the improvement of the 5 Points intersection in areas of both lane use and traffic signal operation. The existing cable span signals were to be replaced with new mast arm signals, improvement of existing roadway geometrics, evaluation of existing lane configurations for operation, and installation of signing improvements to meet 2009 MUTCD requirements in the area of this intersection. During the course of Olsson Associates engineering services work on this project it was recommended that a study of the entire area surrounding the 5 Points intersection be considered. Further study allowed for examination of the Five Points intersection to aid in specifically reducing the incidence of crashes; reducing vehicle delay, improving the mobility of the traveling pedestrians and correcting roadway geometric deficiencies. Public Works applied for Nebraska Department of Transportation (NDOT) safety funds to help with costs of the 5 Points intersection improvements. The project was selected as a NDOT safety project, with Federal-aid funding available through NDOT. The federal share payable on any portion of a local federal-aid project is a maximum of 80% of the eligible participating costs, while the Local Public Agency (LPA) is responsible for the remaining 20% as well as all other nonparticipating or ineligible costs of the project. The estimate of this project was $2,265,300.00, with the LPA share being $565,300.00, and the Federal share payable capped at $1,700,000.00. Such project consists of geometric improvements with a multi-lane roundabout and will right size the lane configuration to optimize safety and efficiency, and meet the Federal Highway Administration (FHWA) safety program requirements. Grand Island Council Session - 10/11/2022 Page 164 / 210 On April 27, 2021, via Resolution No. 2021-97 City Council approved Program Agreement Supplement No. 1, which increased the Federal funding cap from $1,700,000.00 to $2,640,000.00, with the funding split of 80% federal Highway Safety Improvements Project (HSIP) funding and 20% match from the Local Public Agency (LPA). Discussion As specified in the Program Agreement with NDOT, the State advertised and conducted the letting for this project. Three (3) bids were received and opened on September 29, 2022. The bids were submitted in compliance with the contract, plans and specifications and summarized below. Bidder Exceptions Bid The Diamond Engineering Company of Grand Island, NE None $ 2,929,887.08 Bauer Infrastructure, LLC of Martell, NE None $2,963,436.51 Werner Construction, LLC of Hastings, NE None $3,905,974.50 Public Works and the NDOT Contracts Section have reviewed the bids and determined them to be acceptable. Total project costs are now estimated at $4,256,244.01, which are detailed below. City share total is estimated at $1,616,244.01, of which $948,375.00 has been paid to date. Preliminary Engineering $ 398,075.00 ROW $457,000.00 Construction Engineering $ 439,483.06 Construction $ 2,929,887.08 NDOT Administrative $ 31,798.87 Total Estimated Project Costs =$4,256,244.01 The tentative start date for construction is March 2023. The project is expected to be completed by September 2023. Grand Island Council Session - 10/11/2022 Page 165 / 210 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 concurrence of bid award to The Diamond Engineering Company of Grand Island, Nebraska for the construction of Five Points Intersection Improvements. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 166 / 210 Grand Island Council Session - 10/11/2022 Page 167 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-10 #2022-286 - Approving Program Agreement with NDOT for Broadwell Avenue Grade Separation Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 168 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Program Agreement with NDOT for Broadwell Avenue Grade Separation Presenter(s):Keith Kurz PE, Interim Public Works Director Background Continuing to explore ways to accommodate the growing traffic within the city, Public Works Engineering staff completed a feasibility study for a grade separation structure with the UPRR to be located at or around the existing Broadwell Avenue crossing north of 3rd Street. The study was necessary for the city to submit to the Nebraska Department of Transportation (NDOT) in order to secure potential federal funding for assistance in building a grade separation in this area. Without the study, additional funding sources could not be secured. A Concept Design Report for Broadwell Avenue Grade Separation across the UPRR Tracks was done in 2004 and was used as the starting point for this study. On November 20, 2018, via Resolution No. 2018-350, City Council approved an agreement for engineering consulting services related to Broadwell Avenue & UPRR Grade Separation Study with HDR, Inc. of Omaha, Nebraska in the amount of $226,660.00. On June 25, 2019, via Resolution No. 2019-195, City Council approved an amendment to the original agreement with HDR, Inc. in the amount of $185,123.00 to allow for an in depth environmental review, a Planning and Environmental Linkages Study (PEL) that was beyond the scope originally developed for this project. Amendment No. 1 resulted in a revised agreement amount of $411,783.00. Discussion Public Works applied for Federal-aid funds that are available for transportation projects on eligible routes within the jurisdiction of the Local Public Agency (LPA) for a grade separation near the existing Broadwell Avenue UPRR crossing, north of 3rd Street. The project was selected as a NDOT grade separation/railroad safety improvement project, with Federal-aid funding available through NDOT. Grand Island Council Session - 10/11/2022 Page 169 / 210 The total cost of the project is currently estimated at $34,210,000.00, which is detailed below. Preliminary Engineering $ 3,190,000 ROW $ 1,720,000 Construction Engineering $ 2,660,000 Utilities $ 480,000 Construction $26,160,000 Total Estimated Project Costs =$34,210,000 The federal share payable on any portion of a local federal-aid project is a maximum of 80% of the eligible participating costs, while the Local Public Agency (LPA) is responsible for the remaining 20% as well as all other nonparticipating or ineligible costs of the project. The current estimate of this project is $34,210,000.00, with the LPA share being $6,872,000.00 at this time. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 10/11/2022 Page 170 / 210 Grand Island Council Session - 10/11/2022 Page 171 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-11 #2022-287 - Approving Change Order No. 1 for Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 172 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Change Order No. 1 for Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1 Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $356,193.50 contract on March 22, 2022, via Resolution No. 2022-74, for Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1. One project is improving drainage along Brookline Drive. City staff looked at several options, but constructing a concrete curb and 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. Discussion Due to concrete shortages The Diamond Engineering Company has requested a time extension to complete Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1. Original completion date was set at October 15, 2022, with the request to extend this to November 30, 2022. There will not be any contract amount modification with this change order. Grand Island Council Session - 10/11/2022 Page 173 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve extending the completion date to November 30, 2022, as noted in Change Order No. 1. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 174 / 210 CHANGE ORDER NO. 1 PROJECT:Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $356,193.50 CONTRACT DATE: March 23, 2022 Notice to Proceed Date -------------------------------------------------March 23, 2022 Original Completion Date -----------------------------------------------October 15, 2022 Revised Completion Date ----------------------------------------------November 30, 2022 The Above Change Order Accepted: The Diamond Engineering Company By____________________________________Date_______________________ Approval Recommended: By________________________________________________Date________________ Keith Kurz PE, Interim Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 10/11/2022 Page 175 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-287 WHEREAS, on March 22, 2022, via Resolution 2022-74, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $356,193.50 for Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1; and WHEREAS, the completion of such project has been delayed due to a concrete shortage; and WHEREAS, The Diamond Engineering Company has requested an extension from October 15, 2022 to November 30, 2022 in order to complete the project; and WHEREAS, there will not be any contract amount modification with such time extension; and WEREAS, the Public Works Department supports such contract extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the requested time extension for Various Locations Drainage Projects; Brookline Drive and Henry Street/South Street Intersection; Project No. 2021-D-1. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 176 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-12 #2022-288 - Approving Change Order No. 1 for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 10/11/2022 Page 177 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:October 11, 2022 Subject:Approving Change Order No. 1 for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 Presenter(s):Keith Kurz PE, Interim Public Works Director Background Elsbury Construction, LLC of Grand Island, Nebraska was awarded a $2,655,803.05 contract on October 12, 2021, via Resolution No. 2021-269, for the North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6. Discussion Change Order No. 1 for North Road improvements is being requested to address raising of storm sewer, lowering of existing water main, removal of underground storm sewer structure, construction of new outfall pipe for Sweetwood detention cell, crushed rock base material for special junction box, and relocation of curb stop water boxes.. The cost associated with Change Order No. 1 is a total of $152,812.81, resulting in a revised contract amount of $2,808,615.86. 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 - 10/11/2022 Page 178 / 210 Recommendation City Administration recommends that the Council approve Change Order No. 1 for the North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 with Elsbury Construction, LLC of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/11/2022 Page 179 / 210 CHANGE ORDER NO. 1 PROJECT: North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 CONTRACTOR:Elsbury Construction, LLC AMOUNT OF CONTRACT: $2,655,803.05 CONTRACT DATE: October 25, 2021 Address raising of storm sewer, lowering of existing water main, removal of underground storm sewer structure, construction of new outfall pipe for Sweetwood detention cell, crushed rock base material for special junction box, and relocation of curb stop water boxes. Item No.Description Quantity Unit Unit Price Total Price CO1-1 Curb Stop Move- 4005 Roth Rd 1.00 LS 5,852.46$ 5,852.46$ Co1-2 4005 Roth Sump Exploration and Box Tap 1.00 LS 1,840.66$ 1,840.66$ CO1-3 install/Abandon Service 830 North Rd 1.00 LS 5,860.76$ 5,860.76$ CO1-4 Knee Wall at Reed 1.00 LS 1,653.95$ 1,653.95$ CO1-5 4023 Greenwood Supm Extension 1.00 LS 950.25$ 950.25$ CO1-6 Encase Watermain Storm Box Removal 1.00 LS 7,415.07$ 7,415.07$ CO1-7 12" SDR 35 Drain Extension at Moores Creek 1.00 LS 1,530.01$ 1,530.01$ CO1-8 Temporary PVC Connection 1.00 LS 977.82$ 977.82$ CO1-9 Temporary Detention Cell Drainage 1.00 LS 1,481.67$ 1,481.67$ CO1-10 Watermain Cut In 1.00 LS 5,922.55$ 5,922.55$ CO1-11 16" Solid Sleeve- Labor Only 1.00 EA 224.91$ 224.91$ CO1-12 16" Solid Sleeve- Labor and Materials 3.00 EA 1,659.20$ 4,977.60$ CO1-13 6" D.I.P. Watermain 5.00 LF 202.74$ 1,013.70$ CO1-14 8" D.I.P. Watermain 10.00 LF 136.90$ 1,369.00$ CO1-15 16" D.I.P. Watermain 40.00 LF 207.67$ 8,306.80$ CO1-16 6"x24" M.J. Grade-Lok 1.00 EA 854.15$ 854.15$ CO1-17 8"x6" M.J. Tee 1.00 EA 722.32$ 722.32$ CO1-18 16" x 8" M.J. Tee 1.00 EA 2,429.71$ 2,429.71$ CO1-19 1" Testing & Sampling Tap 2.00 EA 1,025.08$ 2,050.16$ CO1-20 Fire Hydrant- Labor Only 1.00 EA 1,386.00$ 1,386.00$ CO1-21 6" M.J. Gate Valve w/ Box 1.00 EA 1,745.67$ 1,745.67$ CO1-22 8" M.J. Gatge valve w/ Box 1.00 EA 2,518.81$ 2,518.81$ CO1-23 16" M.J. Butterfly Valve w/ Box 1.00 EA 5,932.80$ 5,932.80$ CO1-24 6" M.J. 90 Deg Bend 1.00 EA 446.51$ 446.51$ CO1-25 16" M.J. 22.5 Deg Bend- Labor Only 4.00 EA 850.75$ 3,403.00$ Grand Island Council Session - 10/11/2022 Page 180 / 210 2 | Page City of Grand Island | Change Order No. 1 North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 CO1-26 8" M.J. Plug 1.00 EA 317.93$ 317.93$ CO1-27 16" M.J. Retainer Gland- Labor Only 14.00 EA 112.17$ 1,570.38$ CO1-28 16" M.J. Retainer Gland- Labor and Materials 6.00 EA 406.20$ 2,437.20$ CO1-29 8" M.J. Retainer Gland 4.00 EA 125.04$ 500.16$ CO1-30 6" M.J. Retainer Gland 7.00 EA 96.87$ 678.09$ CO1-31 Dewatering 1.00 LS 9,105.41$ 9,105.41$ 7 Overexcavation 2,500.00 CY 6.55$ 16,375.00$ 8 Temporary Crushed Rock Surfacing 325.00 TN 41.40$ 13,455.00$ 29 Sodding 6,292.00 SY 4.40$ 27,684.80$ 58 Waterproof Inlet 1.00 EA 1,511.00$ 1,511.00$ 59 Waterproof Storm Sewer Pipe 90.00 LF 92.35$ 8,311.50$ 152,812.81$ CHANGE ORDER NO. 1 T0TAL= Contract Price Prior to this Change Order…………………………………$2,655,803.05 Net Increase Resulting from this Change Order……………………………$ 152,812.81 Revised Contract Price Including this Change Order………………………$2,808,615.86 The Above Change Order Accepted: Elsbury Construction, LLC By____________________________________Date_______________________ Approval Recommended: By______________________________________________Date________________ Keith Kurz PE, Interim Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 10/11/2022 Page 181 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-288 WHEREAS, on October 12, 2021, via Resolution No.2021-269, the City of Grand Island awarded Elsbury Construction, LLC of Grand Island, Nebraska the bid in the amount of $2,655,803.05 for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6; 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 $152,812.81, resulting in a revised contract amount of $2,808,615.86. 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 $152,812.81, between the City of Grand Island and Elsbury Construction, LLC of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 182 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-13 #2022-289 - Approving Purchase of Power and Concentric Neutral Cable Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/11/2022 Page 183 / 210 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:October 11, 2022 Subject:Power and Concentric Neutral Cable Presenter(s):Timothy Luchsinger, Utilities Director Background With lead times on materials exceeding seven (7) months or more, it is necessary to replace inventory and order for the bulk of anticipated power cable requirements for calendar year 2023. Specifications were developed, publicly advertised, and posted on the City’s web site. The estimate for this material was $900,000.00. Discussion Proposals were received on September 15, 2022. Five (5) proposals were received, with four (4) conforming to the specification requirements. Due to the volatility of the market, prices will be adjusted up or down to reflect changes in copper and aluminum pricing (on a unit weight basis), as indexed at the time of shipment. Baseline pricing given herein is based on market indexes in September of 2022. The results are as follows: Dutton- Lainson Wesco Border States Graybar NexGen 1 40,000 LF of 1/O Power Cable $205,600 $248,000 $209,600 $206,400 Did not meet requirements of RFQ 2 20,000 LF of 4/O Power Cable $154,800 $171,400 $167,600 $155,600 Did not meet requirements of RFQ 3 24,000 LF of 500 MCM Power Cable $363,840 $408,000 $396,240 $367,200 Did not meet requirements of RFQ 4 25,000 LF of #2 Concentric Neutral Cable $73,750 $78,000 Did not Bid $73,750 Did not meet requirements of RFQ Grand Island Council Session - 10/11/2022 Page 184 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that City Council approve the purchase cable from Dutton-Lainson. Total purchase price of all items is $797,990.00 + commodity index adjustment at time of shipment + sales tax. Sample Motion Move to approve the purchase of cable from Dutton-Lainson in the amount of $797,990.00 + commodity index adjustment at time of shipment + sales tax. Grand Island Council Session - 10/11/2022 Page 185 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUOTES FOR POWER & CONCENTRIC NEUTRAL CABLE RFP DUE DATE:September 15, 2022 at 4:00 p.m. DEPARTMENT:Utilities PUBLICATION DATE:September 2, 2022 NO. POTENTIAL BIDDERS:7 PROPOSALS RECEIVED WESCO Distribution Nexgen Power, Inc. Sioux City, IA Gardena, CA Border States Industries, Inc.,Dutton-Lainson Company Grand Island, NE Hastings, NE Graybar Electric Company, Inc. North Platte, NE cc:Tim Luchsinger, Utilities Director Christy Lesher, Utilities Secretary Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Ryan Schmitz, Assist. Utility Director P2394 Grand Island Council Session - 10/11/2022 Page 186 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-289 WHEREAS, the City of Grand Island invited proposals for Power and Concentric Neutral Cable, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 15, 2022 proposals were received, opened and reviewed; and WHEREAS, five (5) proposals were received for the various items, with four (4) conforming to the specification requirements, and the items are listed below: Dutton- Lainson Wesco Border States Graybar NexGen 1 40,000 LF of 1/O Power Cable $205,600 $248,000 $209,600 $206,400 Did not meet requirements of RFQ 2 20,000 LF of 1/O Power Cable $154,800 $171,400 $167,600 $155,600 Did not meet requirements of RFQ 3 24,000 LF of 1/O Power Cable $363,840 $408,000 $396,240 $367,200 Did not meet requirements of RFQ 4 25,000 LF of 1/O Power Cable $73,750 $78,000 Did not Bid $73,750 Did not meet requirements of RFQ WHEREAS, the total price submitted by Dutton-Lainson is the lowest amount quoted in the amount of $797,990.00 + commodity index adjustment at time of shipment + sales tax. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that amounts quoted in the above statement are lower than the estimate of $900,000.00 for the items and they are hereby approved as the lowest responsible cost. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 187 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-14 #2022-290 - Approving Bid Award for Electrical Underground Conduit Installation - Electrical Project 2023-UG-1 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/11/2022 Page 188 / 210 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:October 11, 2022 Subject:Electrical Underground Conduit Installation – Project 2023-UG-1 Presenter(s):Timothy Luchsinger, Utilities Director Background On September 14, 2022, the Utilities Department advertised for bids for Electrical Underground Conduit to be installed during the 2023 fiscal year. It is being recommended that a price agreement be approved with the bidder for each line item so that electrical underground conduit can be installed on as as-needed basis within the City of Grand Island. Discussion Bids were advertised on September 14, 2022 and send to eight (8) potential bidders. Bids were publicly opened on September 29, 2022, and one (1) firm submitted prices as listed below: D&A Trenching Alda, NE LABOR ONLY: Mobilization per Area $150.00 Bore 6" Conduit $16.00 Bore 5" Conduit $15.00 Bore 4" Conduit $14.00 Bore 3" Conduit $12.00 Bore 2" Conduit $10.00 Bore 1" Cable-con $10.00 D&A Trenching Grand Island Council Session - 10/11/2022 Page 189 / 210 Trench/Vibratory Plowing 6" Conduit $8.00 Trench/Vibratory Plowing 5" Conduit $8.00 Trench/Vibratory Plowing 4" Conduit $8.00 Trench/Vibratory Plowing 3" Conduit $8.00 Trench/Vibratory Plowing 2" Conduit $6.00 Trench/Vibratory Plowing 1" Cable-con $6.00 6" GRC Conduit Riser - Complete $400.00 5" GRC Conduit Riser - Complete $400.00 4" GRC Conduit Riser - Complete $300.00 3" GRC Conduit Riser - Complete $300.00 2" GRC Conduit Riser - Complete $200.00 6” x 30º - 45º - 90º Bend $100.00 5” x 30º - 45º - 90º Bend $100.00 4” x 30º - 45º - 90º Bend $100.00 3” x 30º - 45º - 90º Bend $80.00 2” x 30º - 45º - 90º Bend $80.00 Secondary Pedestal $200.00 Protective Post $200.00 Remove & Dispose Existing Bollard $100.00 Remove & Replace Concrete $110.00 Remove & Replace Asphalt $110.00 Seeding Non-residential Areas $2.00 Sodding Residential Areas $4.00 MATERIALS ONLY: 6" HDPE Conduit $16.00 5" HDPE Conduit $13.00 4" HDPE Conduit $6.00 3" HDPE Conduit $5.00 2" HDPE Conduit $2.50 There were no exceptions. The bidder is qualified to do the work. The bid was evaluated and is in compliance with the specifications. Grand Island Council Session - 10/11/2022 Page 190 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to a future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approved the prices submitted by D & A Trenching of Alda, Nebraska, for Electrical Underground Conduit Installation 2023-UG-1. Sample Motion Move to approve Electrical Underground Conduit Installation 2023-UG-1 according to the bid award recommendation. Grand Island Council Session - 10/11/2022 Page 191 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 29, 2022 at 2:15 p.m. FOR: Electrical Underground Conduit Installation Project 2023-UG-1 DEPARTMENT: Utilities ESTIMATE: N/A FUND/ACCOUNT: 520 PUBLICATION DATE: September 14, 2022 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: D. A. Trenching Alda, NE Exceptions: None Labor Only: Mobilization per Area $150.00 Bore 6” Conduit $ 16.00 Bore 5” Conduit $ 15.00 Bore 4” Conduit $ 14.00 Bore 3” Conduit $ 12.00 Bore 2” Conduit $ 10.00 Bore 1” Cable-con $ 10.00 Trench/Vibratory Plowing 6” Conduit $ 8.00 Trench/Vibratory Plowing 5” Conduit $ 8.00 Trench/Vibratory Plowing 4” Conduit $ 8.00 Trench/Vibratory Plowing 3” Conduit $ 8.00 Trench/Vibratory Plowing 2” Conduit $ 6.00 Trench/Vibratory Plowing 1” Cable-con $ 6.00 6” GRC Conduit Riser – Complete $400.00 5” GRC Conduit Riser – Complete $400.00 4” GRC Conduit Riser – Complete $300.00 3” GRC Conduit Riser – Complete $300.00 2” GRC Conduit Riser – Complete $200.00 6” X 30° - 45° - 90° Bend $100.00 5” X 30° - 45° - 90° Bend $100.00 4” X 30° - 45° - 90° Bend $100.00 3” X 30° - 45° - 90° Bend $ 80.00 Grand Island Council Session - 10/11/2022 Page 192 / 210 2” X 30° - 45° - 90° Bend $ 80.00 Secondary Pedestal $200.00 Protective Post (Bollard) $200.00 Remove & Dispose Existing Bollard $100.00 Remove & Replace Concrete $110.00 Remove & Replace Asphalt $110.00 Seeding Non-residential Areas $ 2.00 Sodding Residential Areas $ 4.00 Materials Only: 6” HDPE Conduit $ 16.00 5” HDPE Conduit $ 13.00 4” HDPE Conduit $ 6.00 3” HDPE Conduit $ 5.00 2” HDPE Conduit $ 2.50 cc: Tim Luchsinger, Utilities Director Angie Schulte, Utilities Secretary Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Jamie Royer, Civil Engineer II Christy Lesher, Utilities Secretary Randy Leiser, Electrical Underground Supt. P2397 Grand Island Council Session - 10/11/2022 Page 193 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-290 WHEREAS, the City of Grand Island invited sealed bids for furnishing Electrical Underground Conduit Installation for the 2023 Fiscal Year for the Utilities Department, according to specifications on file with the Utilities Department; and WHEREAS, on September 29, 2022, bids were received, opened and reviewed; and WHEREAS, D & A Trenching of Alda, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount listed below: D&A Trenching Alda, NE LABOR ONLY: Mobilization per Area $150.00 Bore 6" Conduit $16.00 Bore 5" Conduit $15.00 Bore 4" Conduit $14.00 Bore 3" Conduit $12.00 Bore 2" Conduit $10.00 Bore 1" Cable-con $10.00 Trench/Vibratory Plowing 6" Conduit $8.00 Trench/Vibratory Plowing 5" Conduit $8.00 Trench/Vibratory Plowing 4" Conduit $8.00 Trench/Vibratory Plowing 3" Conduit $8.00 Trench/Vibratory Plowing 2" Conduit $6.00 Trench/Vibratory Plowing 1" Cable-con $6.00 6" GRC Conduit Riser - Complete $400.00 5" GRC Conduit Riser - Complete $400.00 4" GRC Conduit Riser - Complete $300.00 3" GRC Conduit Riser - Complete $300.00 2" GRC Conduit Riser - Complete $200.00 6” x 30º - 45º - 90º Bend $100.00 5” x 30º - 45º - 90º Bend $100.00 4” x 30º - 45º - 90º Bend $100.00 3” x 30º - 45º - 90º Bend $80.00 2” x 30º - 45º - 90º Bend $80.00 Secondary Pedestal $200.00 Protective Post $200.00 Remove & Dispose Existing Bollard $100.00 Remove & Replace Concrete $110.00 Remove & Replace Asphalt $110.00 Seeding Non-residential Areas $2.00 Sodding Residential Areas $4.00 MATERIALS ONLY: 6" HDPE Conduit $16.00 5" HDPE Conduit $13.00 4" HDPE Conduit $6.00 3" HDPE Conduit $5.00 2" HDPE Conduit $2.50 Grand Island Council Session - 10/11/2022 Page 194 / 210 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of D&A Trenching is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 195 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item G-15 #2022-291 - Approving Tri-City Drug Enforcement Team (TRIDENT) Civil Forfeiture Signature Authorization Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 10/11/2022 Page 196 / 210 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:October 11, 2022 Subject:Tri-City Drug Enforcement Team (TRIDENT) civil forfeiture signature authorization Presenter(s):Robert Falldorf, Police Chief Background The Police Department serves as the fiduciary for the Tri-City Drug Enforcement Team (TRIDENT) Task Force. As a part of this responsibility, the “Governing Body Official” is required to sign all submitted requests for asset forfeiture. Discussion The Police Department, as the fiduciary for the TRIDENT Task Force, holds oversite responsibility for financial aspects of TRIDENT Task Force Operations. The responsibilities include submitting requests for Asset Forfeiture’s on Federal Task Force cases. As a part of this submission, the signature of the “Governing Body Official”, in this case the Mayor, is required on forms associated with each submission and Equitable Sharing Agreement and Certification. In order to avoid unnecessary delay and the publication of sensitive and confidential investigative information, authorization by resolution for the mayor as the “Governing Body Official” is believed to be prudent and is being requested. 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 - 10/11/2022 Page 197 / 210 Recommendation City Administration recommends that the Council approve that the Mayor of the City of Grand Island is hereby authorized to sign civil forfeiture documents for the Tri-City Drug Enforcement Team Task Force as the Governing Body Official. Sample Motion Move that the Mayor of the City of Grand Island be hereby authorized to sign civil forfeiture documents for the Tri-City Drug Enforcement Team Task Force as the Governing Body Official. Grand Island Council Session - 10/11/2022 Page 198 / 210 Law Enforcement Center  111 Public Safety Dr Grand Island, Nebraska 68801 (308) 385-5400  FAX: 385-5398  Emergency: 911 Police Department To Protect and Serve Since 1872 .Working Together for a Better Tomorrow. Today .I, Mayor Roger Steele, as the Governing Body Official for the City of Grand Island, who is acting as the fiduciary for the Tri-City Drug Enforcement Team (TRIDENT) Task Force, do hereby approve of the following submission as a claim for asset forfeiture. 2020 Ram 1500 Bighorn Edition Pickup, VIN: 1C6SRFBTOLN208015 Reference Case Number: 245C-OM-2204246 Asset ID Reference Number: 22-FBI-003619 The asset has been seized with the expectation of being auctioned by the US Marshall’s service, with the qualifying percent of the sale to go back to the Nebraska TRIDENT Task Force. Signed, Mayor Roger Steele City of Grand Island, Nebraska Grand Island Council Session - 10/11/2022 Page 199 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-291 WHEREAS, the City of Grand Island is the fiduciary for the Tri-City Drug Enforcement Team (TRIDENT) Task Force; and WHEREAS, as the fiduciary the City of Grand Island is required to sign documents on behalf of TRIDENT when property is seized and forfeited to the arresting agency in TRIDENT cases; and WHEREAS, the documents now require that the “Governing Body Official” signs the civil forfeiture forms; and WHEREAS, to avoid unnecessary delay and the publication of sensitive and confidential investigative information, it is prudent to formally designate the Mayor as the Governing Body Official authorized to execute all documents necessary to finalize the civil forfeiture of property in TRIDENT investigations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor of the City of Grand Island is hereby authorized to sign civil forfeiture documents for the Tri-City Drug Enforcement Team Task Force as the Governing Body Official. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 200 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item I-1 #2022-292 - Consideration of Approving the Redevelopment Plan for CRA No. 33 for Redevelopment for Property Located North of Husker Highway and West of Prairie View Street Subdivision (Innate Development LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 201 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-292 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. 33 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 commercial and residential purposes including necessary costs for acquisition, streets, site work/grading, utilities and trails 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 - 10/11/2022 Page 202 / 210 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 33 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 - 10/11/2022 Page 203 / 210 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, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 204 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item I-2 #2022-293 - Consideration of Approving the Redevelopment Plan for CRA No. 1 for Redevelopment for Property Located at 124 West 3rd Street (Living Waters LLC) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 10/11/2022 Page 205 / 210 Approved as to Form ¤ ___________ October 6, 2022 ¤ City Attorney R E S O L U T I O N 2022-293 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. 1 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 mixed use purposes including necessary costs for acquisition, and renovation 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 - 10/11/2022 Page 206 / 210 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 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 - 10/11/2022 Page 207 / 210 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, October 11, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/11/2022 Page 208 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item J-1 Approving Payment of Claims for the Period of September 28, 2022 through October 11, 2022. The Claims for the period of September 28, 2022 through October 11, 2022 for a total amount of $5,202,746.91. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 10/11/2022 Page 209 / 210 City of Grand Island Tuesday, October 11, 2022 Council Session Item X-1 Strategy Session Regarding Labor Negotiations with AFSCME Labor Contract 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 - 10/11/2022 Page 210 / 210