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03-14-2023 City Council Regular Meeting Packet City of Grand Island Tuesday, March 14, 2023 Council Session Agenda City Council: Jason Conley Michelle Fitzke Bethany Guzinski Chuck Haase Doug Lanfear Maggie Mendoza Mitchell Nickerson Mike Paulick Jack Sheard Mark Stelk Mayor: Roger G. Steele Interim City Administrator: Laura McAloon City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 3/14/2023 Page 1 / 199 City of Grand Island Tuesday, March 14, 2023 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 Paul Canady, True North Church, 1804 West State Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 3/14/2023 Page 2 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item C-1 Recognition of the Central Catholic Ben Alberts Wrestling State Championship The Mayor and City Council will recognize Grand Island Central Catholic Ben Alberts and coach for his Class C-1 State Wrestling Championship win. Congratulations to Ben for an outstanding season. Coach: Zach Schroder Staff Contact: Mayor Roger Steele Grand Island Council Session - 3/14/2023 Page 3 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item C-2 Recognition of Dave Chavez, Equipment Operator for the Streets Department for 45 Years of Service with the City of Grand Island Mayor Steele and the City Council will recognize Equipment Operator David Chavez for 45 years of service with the City of Grand Island. Mr. Chavez was hired as part of the CETA program in December 1977. On March 27, 1978 he was hired by the City as a Utilities Worker II. On February 9, 1992 he was promoted to Equipment Operator for the Streets Department and has worked as a street sweeper operator which is still his role today. We thank Mr. Chavez for his service to the City of Grand Island and congratulate him for his 45 years of service. Staff Contact: Mayor Roger Steele Grand Island Council Session - 3/14/2023 Page 4 / 199 Grand Island Council Session - 3/14/2023 Page 5 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item C-3 Recognition of Fire Chief Cory Schmidt's Acceptance into the Executive Leaders Program Mayor Steele and the City Council will recognize Fire Chief Cory Schmidt's acceptance into the Executive Leaders Program, a unique educational opportunity for senior-level homeland security and public safety leaders who are at the forefront of the nation's homeland security mission. Cory will be attending the program at the Naval Postgraduate School in Monterey, California, June 6th-9th, August 28th-31st, November 14th-17th and February 6th-9th (2024). Congratulations on your acceptance into the Executive Leaders Program. Staff Contact: Mayor Roger Steele Grand Island Council Session - 3/14/2023 Page 6 / 199 Grand Island Council Session - 3/14/2023 Page 7 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item E-1 Public Hearing on Zoning Change for Legacy 34 Third Sub. located W. of Prairie View St and N. of Husker Hwy from CD Commercial Dev & RD Residential Dev to Amended CD Commercial Dev & RD Residential Dev & B2 General Business Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 3/14/2023 Page 8 / 199 Council Agenda Memo From:Regional Planning Commission Meeting:March 14, 2023 Subject:Change of Zoning from RD Residential Development Zone and CD Commercial Development Zone to Amended RD Residential Development Zone and Amended CD Commercial Development Zone and B2 General Business Presenter(s):Chad Nabity AICP, Regional Planning Director Background Innate Development the owners of 200 acres located north of Husker Highway and west of Prairieview Street, are requesting that amendments to their RD and CD zones are approved along with a change for a small portion of the property to B2 General Business. 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 that will have one building on each lot that will provide for neighborhood commercial services and office space. Plans for the commercial node include a sports bar, ice cream shop and coffee house. The very southeast lot at Husker Highway and Prairieview Street is proposed a B2 General Business and they are proposing that a hotel would be built on that lot. A preliminary plat for the whole development was approved in 2021. This is a replat of the second subdivision approved in October 2022 with 20.109 acres and 23 lots and 10 outlots. Legacy 34 presents a more complete vision of the development with 20.109 acres 28 lots and 10 outlots. This final plat 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 Nabity stated changes were made from the original plan that was brought forward about 4 months ago. The request would rezone property from CD Commercial Development Zone and RD Residential Development Zone to an amended CD Grand Island Council Session - 3/14/2023 Page 9 / 199 Commercial Development Zone and RD Residential Development Zone and B2 General Business. The proposed changes are generally minor modifications to the development plan with more specific details about the size and placement of the proposed commercial buildings with the CD Zone. Nabity also mentioned another proposed change to B2 General Business is the located at the southeast corner for a proposed hotel. Nabity stated the proposed changes are consistent with the Comprehensive Plan and recommending approval. O’Neill closed the public hearing. A motion was made by Ruge and second by Robb to approve the proposed rezoning of Legacy 34 Second Subdivision and the Final Plat for Legacy 34 Third Subdivision. The motion was carried with eight members voting in favor (Nelson, O’Neill, Ruge, Robb, Monter, Rainforth, Goplin and Doane), no members voting no or abstaining, (Allan, Stevenson, Hendrickson, and Randone 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 - 3/14/2023 Page 10 / 199 Agenda Item #6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: February 20, 2023 SUBJECT:Zoning Change (C-15-23GI) 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 RD Residential Development Zone and CD Commercial Development Zone to amended RD Residential Development Zone and amended CD Commercial Development Zone and B2 General Business. 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 seven 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:RD- Residential Development Zone CD- Commercial Development Zone Permitted and conditional uses:Approve development plan for RD and CD Zones: The current plan called for fifteen 10 unit apartment buildings and 4 carriage houses and 4 commercial buildings. The proposed plan maintains the same number of residential units in the same general locations but amends the building envelopes to encompass all of the architectural projections from the buildings within those envelopes. The majority of the parking is included in the RD zone even that intended to serve the CD zone. The number of commercial buildings is changing from 4 to 7. The general location of the buildings is not changing but they have more detail Comprehensive Plan Designation:Mixed Use Commercial Existing land uses.Vacant Undeveloped Property Grand Island Council Session - 3/14/2023 Page 11 / 199 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 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: Agricultural/ Vacant Grand Island Council Session - 3/14/2023 Page 12 / 199 South: Agricultural/Lake/Tabitha 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. 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: None foreseen. This request does not materially change what has already been approved for the site. The proposed changes are generally minor modifications to the development plan with more specific details about the size and placement of the proposed commercial buildings with the CD Zone. The B2 zone in the southeast corner does gives the developer additional flexibility for the location of buildings but the uses would be consistent with the CD and RD zones. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site approve the amended RD-Residential Development Zone and amended CD Commercial Development Zone along with the B2 General Business Zone. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 3/14/2023 Page 13 / 199 Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan Grand Island Council Session - 3/14/2023 Page 14 / 199 Figure 2- Proposed Zoning Grand Island Council Session - 3/14/2023 Page 15 / 199 APPLICATION FOR REZONING OR ZONING ORDINANCE CHANGE Regional Planning Commission Check Appropriate Location: RPC Filing Fee City of Grand Island and 2 mile zoning jurisdiction (see reverse side) Alda, Cairo, Doniphan, Wood River and 1 mile zoning jurisdiction plus Municipal Fee* $50.00 Hall County *applicable only in Alda, Doniphan, Wood River A. Applicant/Registered Owner Information (please print): Applicant Name Phone (h) (w) Applicant Address Registered Property Owner (if different from applicant) Address Phone (h) (w) B. Description of Land Subject of a Requested Zoning Change: Property Address Legal Description: (provide copy of deed description of property) Lot Block Subdivision Name , and/or All/Part ¼ of Section TWP RGE W6PM C. Requested Zoning Change: 1. Property Rezoning (yes ) (no ) (provide a properly scaled map of property to be rezoned) From to 2. Amendment to Specific Section/Text of Zoning Ordinance (yes ) (no ) (describe nature of requested change to text of Zoning Ordinance) D. Reasons in Support of Requested Rezoning or Zoning Ordinance Change: NOTE: This application shall not be deemed complete unless the following is provided: 1. Evidence that proper filing fee has been submitted. 2. A properly scaled map of the property to be rezoned (if applicable), and copy of deed description. 3. The names, addresses and locations of all property owners immediately adjacent to, or within, 300 feet of the perimeter of the property to be rezoned (if the property is bounded by a street, the 300 feet shall begin across the street from the property to be rezoned). 4. Acknowledgement that the undersigned is/are the owner(s), or person authorized by the owner(s) of record title of any property which is requested to be rezoned: *A public hearing will be held for this request* Signature of Owner or Authorized Person Date Note: Please submit a copy of this application, all attachments plus any applicable municipal filing fee to the appropriate Municipal Clerk’s Office. RPC filing fee must be submitted separately to the Hall County Treasurer’s Office (unless application is in Grand Island or its 2 mile zoning jurisdiction, then the RPC filing fee must be submitted to the G.I. City Clerk’s Office). Application Deemed Complete by RPC: mo. day. yr. Initial RPC form revised 10/23/19 Grand Island Council Session - 3/14/2023 Page 16 / 199 REGIONAL PLANNING COMMISSION FEES AND CHARGES Effective October 1, 2020 Service or Product Fee Zoning Map Amendment (General) $900.00 Zoning Ordinance Text Amendment $900.00 CD or RD Comprehensive Rezoning (Grand Island 2 mile) $900.00 P.U.D. Rezoning $850.00 + $10.00/lot Payment of Fees and Charges: Zoning, Subdivision and Comprehensive plan amendment fees associated with land located within Grand Island or its 2 mile jurisdiction, are payable to the City Clerk of Grand Island. Zoning, Subdivision and Comprehensive plan amendment fees associated with lands located within all other areas of Hall County are payable to the Hall County Treasurer’s Office. *Additional fees are charged for zoning within the City of Wood River, and the Villages of Alda and Doniphan of $50.00 each, payable to the appropriate Clerk’s office. Grand Island Council Session - 3/14/2023 Page 17 / 199 OUTLOT A SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 THIRD SUBDIVISIONDEVELOPMENT PLANGRAND ISLAND, NEBRASKA20236 AST MMR 022-01265 2.17.2023 ofDEVELOPMENT PLAN1 of INNATE LANE BRE C K E N S T R E E T WEA V E R S T R E E T Grand Island Council Session - 3/14/2023 Page 18 / 199 OUTLOT A SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 THIRD SUBDIVISIONDEVELOPMENT PLANGRAND ISLAND, NEBRASKA20236 AST MMR 022-01265 2.17.2023 ofWATER MAIN PLAN2 of INNATE LANE BRE C K E N S T R E E T NYLA STREETWEAVE R ST R E ET Grand Island Council Session - 3/14/2023 Page 19 / 199 OUTLOT A SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 THIRD SUBDIVISIONDEVELOPMENT PLANGRAND ISLAND, NEBRASKA20236 AST MMR 022-01265 2.17.2023 ofSANITARY SEWER PLAN3 of INNATE LANE B R E C K E N S T R E E T NYLA STREETWEA V E R S T R E E T Grand Island Council Session - 3/14/2023 Page 20 / 199 OUTLOT A SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 THIRD SUBDIVISIONDEVELOPMENT PLANGRAND ISLAND, NEBRASKA20236 AST MMR 022-01265 2.17.2023 ofELECTRICAL PLAN4 of INNATE LANE B R E C K E N S T R E E T NYLA STREETWEA V E R S T R E E T Grand Island Council Session - 3/14/2023 Page 21 / 199 OUTLOT A SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 THIRD SUBDIVISIONDEVELOPMENT PLANGRAND ISLAND, NEBRASKA20236 AST MMR 022-01265 2.17.2023 ofFIRE SERVICE/TRUCK ACCESS5 of INNATE LANE BRE C K E N S T R E E T NYLA STREETWEAVE R ST R E ET Grand Island Council Session - 3/14/2023 Page 22 / 199 OUTLOT A SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.: approved by: checked by: drawn by: drawing no.: QA/QC by: date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801LEGACY 34 THIRD SUBDIVISIONDEVELOPMENT PLANGRAND ISLAND, NEBRASKA20236 AST MMR 022-01265 2.17.2023 ofCOMBINED UTILITIES6 of INNATE LANE BRE C K E N S T R E E T NYLA STREETWEAVE R ST R E ET LEGEND: Grand Island Council Session - 3/14/2023 Page 23 / 199 Grand Island Council Session - 3/14/2023 Page 24 / 199 Grand Island Council Session - 3/14/2023 Page 25 / 199 Grand Island Council Session - 3/14/2023 Page 26 / 199 architects and land planners6201 carrollton avenueIndianapolis, in 46220phone 317 202 0661fax 317 202 0662email office@weaversherman.comweaver sherman designGrand Island Council Session - 3/14/2023 Page 27 / 199 architects and land planners6201 carrollton avenueIndianapolis, in 46220phone 317 202 0661fax 317 202 0662email office@weaversherman.comweaver sherman designGrand Island Council Session - 3/14/2023 Page 28 / 199 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 3/14/2023Page 29 / 199 architects and land planners 6201 carrollton avenue Indianapolis, in 46220 phone 317 202 0661 fax 317 202 0662 email office@weaversherman.com weaver sherman designGrand IslandCouncil Session - 3/14/2023Page 30 / 199 Grand IslandCouncil Session - 3/14/2023Page 31 / 199 Grand IslandCouncil Session - 3/14/2023Page 32 / 199 Grand IslandCouncil Session - 3/14/2023Page 33 / 199 Grand IslandCouncil Session - 3/14/2023Page 34 / 199 Grand IslandCouncil Session - 3/14/2023Page 35 / 199 Grand IslandCouncil Session - 3/14/2023Page 36 / 199 Grand IslandCouncil Session - 3/14/2023Page 37 / 199 Grand IslandCouncil Session - 3/14/2023Page 38 / 199 Grand IslandCouncil Session - 3/14/2023Page 39 / 199 Grand IslandCouncil Session - 3/14/2023Page 40 / 199 Grand IslandCouncil Session - 3/14/2023Page 41 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item F-1 #9919 - Consideration of Approving Zoning Change for Legacy 34 Third Sub. located W. of Prairie View St and N. of Husker Hwy from CD Commercial Dev & RD Residential Dev to Amended CD Commercial Dev & RD Residential Dev & B2 General Business This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 3/14/2023 Page 42 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney ORDINANCE NO. 9919 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 RD Residential Development Zone and CD Commercial Development Zone to an amended RD Residential Development Zone, amended CD Commerical Development Zone and B2 General Business 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 March 1, 2023, 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 March 14, 2023, 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: Grand Island Council Session - 3/14/2023 Page 43 / 199 ORDINANCE NO. 9919 (Cont..) - 2 - SECTION 1.The City Council makes the following findings with regards to the proposed zoning changes: A.The proposed changes to the zoning from RD Residential Development Zone and CD Commercial Development Zone to an amended RD Residential Development Zone, amended CD Commerical Development Zone and B2 General Business Zone are each consistent with the Future Land Use Map of the City of Grand Island. B.The proposed changes to the zoning from RD Residential Development Zone and CD Commercial Development Zone to an amended RD Residential Development Zone, amended CD Commerical Development Zone and B2 General Business 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 RD Residential Development Zone and/or CD Commercial Development Zone to amended RD Residential Development Zone: RD RESIDENTIAL DEVELOPMENT ZONE A TRACT OF LAND LOCATED IN PART OF LEGACY 34 THIRD SUBDIVISION, 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 AND ALSO BEING THE SOUTHWEST CORNER OF LEGACY 34 THIRD SUBDIVISION AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00°37'23”W ALONG SAID EAST RIGHT OF WAY LINE OF LEGACY DRIVE, A DISTANCE OF 60.10 FEET; THENCE N89°22'55”E A DISTANCE OF 242.28 FEET; THENCE N00°37'05”W A DISTANCE OF 77.49 FEET; THENCE N30°15'01”E A DISTANCE OF 68.84 FEET; THENCE N00°37'05”W A DISTANCE OF 23.31 FEET; THENCE N89°22'55”E A DISTANCE OF 163.56 FEET; THENCE S00°37'05”E A DISTANCE OF 94.25 FEET; THENCE N89°22'55”E A DISTANCE OF Grand Island Council Session - 3/14/2023 Page 44 / 199 ORDINANCE NO. 9919 (Cont..) - 3 - 116.00 FEET; THENCE N00°37'05”W A DISTANCE OF 94.25 FEET; THENCE N00°37'05”W A DISTANCE OF 80.00 FEET; THENCE S89°23'09”W A DISTANCE OF 163.85 FEET; THENCE N00°37'05”W A DISTANCE OF 70.46 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; THENCE N45°34'52”E A DISTANCE OF 317.00 FEET; THENCE S43°06'57”E A DISTANCE OF 249.68 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF THROUGH 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 POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF AN 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 SW1/4, SE1/4, A DISTANCE OF 507.80 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF NYLA STREET; THENCE S89°22'55”W, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 39.20 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, ALONG SAID NORTHERLY RIGHT OF WAY LINE, HAVING A DELTA ANGLE OF AN ANGLE OF 38°56'26", HAVING A RADIUS OF 119.00 FEET, AND CHORD BEARING N71°08'52”W A CHORD DISTANCE OF 79.33 FEET; THENCE S57°01'03”W A DISTANCE OF 122.95 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 13°58'09", HAVING A RADIUS OF 195.12 FEET, AND CHORD BEARING S64°17'16”W A CHORD DISTANCE OF 47.46 FEET; THENCE S89°22'55”W A DISTANCE OF 242.39 FEET; THENCE S00°37'05”E A DISTANCE OF 229.00 FEET; THENCE S89°22'55”W A DISTANCE OF 610.20 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 513794.82 SQUARE FEET OR 11.795 ACRES MORE OR LESS. SECTION 3.The following tract of land is hereby rezoned and reclassified and changed from RD Residential Development Zone and/or CD Commercial Development Zone to amended CD Commercial Development Zone: CD COMMERCIAL DEVELOPMENT ZONE: A TRACT OF LAND LOCATED IN PART OF LEGACY 34 THIRD SUBDIVISION, 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 AND ALSO BEING THE SOUTHWEST CORNER OF LEGACY 34 THIRD SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N00°37'23”W ALONG SAID EAST RIGHT OF WAY LINE OF LEGACY DRIVE, A DISTANCE OF 60.10 FEET TO THE POINT OF BEGINNING; THENCE N00°37'05”W ALONG SAID EAST RIGHT OF WAY Grand Island Council Session - 3/14/2023 Page 45 / 199 ORDINANCE NO. 9919 (Cont..) - 4 - LINE, A DISTANCE OF 105.90 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, ALONG SAID EAST RIGHT OF WAY LINE OF LEGACY DRIVE, HAVING A DELTA ANGLE OF 35°19'00", HAVING A RADIUS OF 595.00 FEET, AND CHORD BEARING N18°16'35”W A DISTANCE OF 360.98 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°37'05”E A DISTANCE OF 70.46 FEET; THENCE N 89°22'55" E A DISTANCE OF 163.85 FEET; THENCE S00°37'04.6”E A DISTANCE OF 174.25 FEET; THENCE S89°22'55.4”W A DISTANCE OF 116.00 FEET; THENCE N00°37'04.6”W A DISTANCE OF 94.25 FEET; THENCE S89°22'55.4”W A DISTANCE OF 163.56 FEET; THENCE S00°37'04.6”E A DISTANCE OF 23.31 FEET; THENCE S30°15'01.2”W A DISTANCE OF 68.84 FEET; THENCE S00°37'04.6”E A DISTANCE OF 77.49 FEET; THENCE S89°22'55.4”W A DISTANCE OF 242.28 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 233568.99 SQUARE FEET OR 5.362 ACRES MORE OR LESS. SECTION 4.The following tract of land is hereby rezoned and reclassified and changed from RD Residential Development Zone and/or CD Commercial Development Zone to B2 General Business Zone: A TRACT OF LAND LOCATED IN PART OF LEGACY 34 THIRD SUBDIVISION, 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 AND ALSO BEING THE SOUTHWEST CORNER OF LEGACY 34 THIRD SUBDIVISION; THENCE S89°22'55"W, ALONG SAID NORTH RIGHT OF WAY LINE OF HUSKER HIGHWAY A DISTANCE OF 610.20 FEET TO THE POINT OF BEGINNING; THENCE N00°37'05”W A DISTANCE OF 229.00 FEET; THENCE N89°22'55”E A DISTANCE OF 242.39 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 14°32'25", HAVING A RADIUS OF 187.50 FEET, AND CHORD BEARING N64°17'16”E A CHORD DISTANCE OF 47.4551 FEET; THENCE N57°01'03”E A DISTANCE OF 122.95 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 38°56'25", HAVING A RADIUS OF 119.0000 FEET, AND CHORD BEARING S71°08'52”E A CHORD DISTANCE OF 79.33 FEET; THENCE N89°22'55”E A DISTANCE OF 39.20 FEET; THENCE S00°28'30”E A DISTANCE OF 195.27 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, HAVING A DELTA ANGLE OF 56°18'24", HAVING A RADIUS OF 60.00 FEET, AND CHORD BEARING S39°56'52”W A CHORD DISTANCE OF 56.62 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 09°04'21", HAVING A RADIUS OF 225.00 FEET, AND CHORD BEARING S72°38'11”W A CHORD DISTANCE OF 35.59 FEET; THENCE S89°22'55”W A Grand Island Council Session - 3/14/2023 Page 46 / 199 ORDINANCE NO. 9919 (Cont..) - 5 - DISTANCE OF 423.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 126746.66 SQUARE FEET OR 2.910 ACRES MORE OR LESS. SECTION 5. That the proposed development plan for the above described real estate, as shown on the plan submitted with the rezoning request is approved. SECTION 6. 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 7. 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: March 14, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 47 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item F-2 #9920 - Consideration of Vacation of Utility Easement - 2819 N. Engleman Rd Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/14/2023 Page 48 / 199 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:March 14, 2023 Subject:Ordinance #9920 - Consideration of Vacation of Utility Easement – 2819 N. Engleman Road Presenter(s):Timothy Luchsinger, Utilities Director Background There is an existing sixteen (16.0) foot wide Utility Easement for utility usage along the South line of Lot One (1), Miracle Valley Second Subdivision in the City of Grand Island, Hall County, Nebraska. The easement now needs to be partially vacated for construction purposes. Discussion The property owner for Lot One (1), Miracle Valley Second Subdivision (2819 N. Engleman Road) has requested that the unused part of the existing sixteen (16.0) foot wide utility easement along the entire south side of their property be vacated so the owner can utilize the land for construction purposes. Ordinance #9920 will provide said vacation and retain the remaining part of the existing sixteen (16.0) easement to allow the Department to install, access, operate, and maintain the existing power line and infrastructure. 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 - 3/14/2023 Page 49 / 199 Recommendation City Administration recommends that the Council approve the Ordinance, and that the described easement tracts be vacated. Sample Motion Move to approve the Ordinance and vacate the utility easements as described. Grand Island Council Session - 3/14/2023 Page 50 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9920 An ordinance to vacate part of an easement tract currently located in part of Lot One (1), Miracle Valley Second Subdivision, and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; and to provide for the publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the partial easement tract located in part of Lot One (1) Miracle Valley Second Subdivision, and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska being more particularly described as follows: TRACT 1 A portion of an existing sixteen (16.0) foot wide Utility Easement tract described in Instrument Number 201703955, recorded in the Hall County Register of Deeds Office being located in a part of Lot One (1), Miracle Valley Second Subdivision, in the City of Grand Island, Hall County, Nebraska, the portion of the existing sixteen (16.0) foot wide utility easement and right-of-way tract being more particularly described as follows: The easterly two hundred thirty-five (235.0) feet of the southerly sixteen 16.0) feet of Lot One (1), Miracle Valley Second Subdivision, in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 3/14/2023 Page 51 / 199 ORDINANCE NO. 9920 (Cont.) - 2 - Such Utility Easement to be vacated as shown on Exhibit “A” attached hereto dated 2/28/2023 and incorporated herein by reference. SECTION 2. This Ordinance is hereby directed to be recorded in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall be in force and take effect from and after its passage and publication within fifteen (15) days in one issue of the Grand Island Daily Independent as provided by law. Enacted:March 14, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 52 / 199 Grand IslandCouncil Session - 3/14/2023Page 53 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item F-3 #9921 - Consideration of Vacation of Access Easements in Legacy 34 Second Subdivision; West of Prairieview Street, North of Husker Highway (Innate 3, LLC / Innate 4, LLC / Innate 5, LLC / Innate 6, LLC) Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 3/14/2023 Page 54 / 199 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:March 14, 2023 Subject:Consideration of Vacation of Access Easements in Legacy 34 Second Subdivision; West of Prairieview Street, North of Husker Highway (Innate 3, LLC / Innate 4, LLC / Innate 5, LLC / Innate 6, LLC) Presenter(s):Keith Kurz PE, Interim Public Works Director Background Access easements within Legacy 34 Second Subdivision were filed with Hall County Register of Deeds on October 28, 2022 as Document No. 202207675. Discussion The request at this time is to vacate five (5) of the access easements within the original Legacy 34 Second Subdivision. The current property owners have worked with the Planning Department to replat Legacy 34 Second Subdivision and will be dedicating access easements within the new plat for further development of this area. The attached sketch details the referenced easements to be vacated. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass an ordinance vacating the access easements in Legacy 34 Second Subdivisions; West of Prairieview Street, North of Husker Highway (Innate 3, LLC / Innate 4, LLC / Innate 5, LLC / Innate 6, LLC). Sample Motion Move to pass an ordinance vacating the access easements. Grand Island Council Session - 3/14/2023 Page 55 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9921 An ordinance to vacate existing access easements and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That existing access easements located in Legacy 34 Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: AN EASEMENT VACATION OF ALL ACCESS EASEMENTS IN ALL OF OUTLOT D, OUTLOT E, OUTLOT G, OUTLOT H, AND OUTLOT J, ALL IN LEGACY 34 SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. is hereby vacated. Such easements to be vacated are shown and more particularly described on Access Easement Vacation Exhibit 1 attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. Grand Island Council Session - 3/14/2023 Page 56 / 199 ORDINANCE NO. 9921 (Cont.) - 2 - SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 14, 2023 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 57 / 199 PRAIRIEVIEW STREETLEGACY DRIVEEXISTING ACCESS EASEMENTAREA TO BE VACATED2022-01265PROJECT NO:DRAWN BY:2023-03-02DATE:JMJACCESS EASEMENT VACATION1EXHIBITSouth Sioux City, NE 68776TEL 402.494.30591707 Dakota AvenueVACATE DESCRIPTIONAN EASEMENT VACATION OF ALL ACCESS EASEMENTS IN ALL OF OUTLOT D,OUTLOT E, OUTLOT G, OUTLOT H, AND OUTLOT J, ALL IN LEGACY 34 SECONDSUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.NYLA STREETBRECKEN STREETINNATE LANEWEAVER STREET HUSKER HIGHWAYGrand IslandCouncil Session - 3/14/2023Page 58 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-1 Approving Minutes of February 28, 2023 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 3/14/2023 Page 59 / 199 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 28, 2023 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 February 28, 2023. Notice of the meeting was given in The Grand Island Independent on February 22, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear and Jason Conley. Councilmember Mike Paulick was absent. The following City Officials were present: City Clerk RaNae Edwards, Interim City Administration/City Attorney Laura McAloon, Finance Director Patrick Brown, Stacy Nonhof, Assistant City Attorney, and Interim Public Works Director Keith Kurz. INVOCATION was given by Pastor Jeremy Reagen, Solid Rock Baptist Church, 3221 West 13th Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Grand Island Senior High Boys Bowling Team for Class "A" State Championship. Mayor Steele and the City Council recognized the Grand Island Senior High Boys Bowling Team for their Class “A” State Championship and special recognition was given to Kaden Kuusela for his State Singles Championship. Present were the Bowling team and their coaches. Presentation by Central Community College for Infrastructure Funding. Dr. Matt Gotschall, CCC College President presented a preliminary plan for improvement at the Grand Island campus and mentioned their interest in partnering with the City on the cost to install certain infrastructure improvements. Requested was the amount of $500,000 plus a potential for an additional $50,000 contribution to the Grand Island campus. Mr. Gotschall answered questions regarding ARPA Funds and that these improvements would bring in more students. Cost of the project was brought forward. Finance Director Patrick Brown answered questions regarding the use of ARPA Funds. PUBLIC HEARINGS: Public Hearing on Request from Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd 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 Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 1, 2023; notice to the general public of date, time, and place of hearing published on February 18, 2023; Grand Island Council Session - 3/14/2023 Page 60 / 199 Page 2, City Council Regular Meeting, February 28, 2023 notice to the applicant of date, time, and place of hearing mailed on February 1, 2023. Staff recommended approval contingent upon final inspections and completing a state approved alcohol server/seller training program. Angela Dowd, 2140 2nd Avenue, Boelus, Nebraska was present to answer questions. No further public testimony was heard. Public Hearing on Request from Wish Nebraska, Inc. for a Conditional Use Permit to allow for an 88’ Monopole located at 1515 East 4th Street. Building Department Director Craig Lewis reported that an application for a Conditional Use Permit was received from Wish Nebraska, Inc. for an 80’ monopole telecommunication tower with an 8’ lighting rod attached for a total of 88’ at 1515 East 4th Street. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 1921 Sagewood Avenue). Interim Public Works Director Keith Kurz reported that public right-of-way was needed to accommodate the new Claude Road section from the proposed 18th Street, which was scheduled to be built this coming spring, to State Street. The property owner had signed the necessary documents to grant the property. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Fitzke moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9917 - Consideration of Amending Grand Island City Code Section 31-25.1 Relative to Development Signs #9918 - 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 these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion failed. #9917 - Consideration of Amending Grand Island City Code Section 31-25.1 Relative to Development Signs Building Department Director Craig Lewis reported that the proposed ordinance change to 31-25 would increase the square footage of development signs from 200 square feet to 450 square feet. Staff recommended approval. Motion by Guzinski, second by Lanfear to approve Ordinance #9917. City Clerk: Ordinance #9917 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. Grand Island Council Session - 3/14/2023 Page 61 / 199 Page 3, City Council Regular Meeting, February 28, 2023 City Clerk: Ordinance #9917 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 #9917 is declared to be lawfully adopted upon publication as required by law. #9918 - Consideration of Approving Salary Ordinance Human Resources Director Aaron Schmid reported that the Public Works Director/City Engineer position had been vacant since May 31, 2022. After review of the position requirements and salary range, it was recommended to increase the salary range. Administration was recommending an increase of the salary range to $84.1346 - $108.1731 hourly or $175,000.00 - $225,000.00 annually. The proposed increase would seek to attract candidates who meet the knowledge, skills and abilities of the position. Staff recommended approval. Motion by Guzinski, second by Lanfear to approve Ordinance #9918. Discussion was held concerning the salary range from other comparable cities. Interim Public Works Director Keith Kurz commented on the PE Engineering designation. Motion by Nickerson, second by Lanfear to amend the salary range from $84.1346/$108.1731 to $72.50/$93.50. Upon roll call vote, Councilmembers Nickerson and Haase, vote aye. Councilmembers Conley, Lanfear, Stelk, Fitzke, Sheard, Guzinski, and Mendoza voted no. Motion failed. City Clerk: Ordinance #9918 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Conley, Lanfear, Stelk, Fitzke, Sheard, Guzinski, and Mendoza voted aye. Councilmembers Nickerson and Haase voted no. Motion adopted. City Clerk: Ordinance #9918 on second and final reading. All those in favor of this passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Conley, Lanfear, Stelk, Fitzke, Sheard, Guzinski, and Mendoza voted aye. Councilmembers Nickerson and Haase voted no. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9918 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent agenda items G-18 and G-21 (Resolutions #2023-54 and #2023- 56) were removed for further discussion. Motion by Stelk, second by Lanfear to approve the Consent Agenda excluding items G-18 and G-21. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 3/14/2023 Page 62 / 199 Page 4, City Council Regular Meeting, February 28, 2023 Approving Minutes of February 14, 2023 City Council Regular Meeting. #2023-37 - Approving Request from Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street for a Class "CK" Liquor License and Liquor Manager Designation for Angela Dowd, 2140 2nd Avenue, Boelus, NE. #2023-38 - Approving Amendment to the Farmers National Company Manager Agreement to add Acquired Land in 2022. #2023-39 - Approving Bid Award for Asphalt Hot-Mix 2023 with J.I.L. Asphalt Paving Co. of Grand Island, Nebraska and Gary Smith Construction Co. of Grand Island, Nebraska for Various Amounts. #2023-40 - Approving Bid Award for Concrete Ready-Mix for 2023 with Gerhold Concrete Company, Inc. of Grand Island, Nebraska and Consolidated Concrete Co. of Grand Island, Nebraska for Various Amounts. #2023-41 - Bid Award for Annual Pavement Markings 2023 with Straight-Line Striping of Grand Island, Nebraska in an Amount of $138,564.00. #2023-42 - Approving Bid Award for Curb Ramp Project No. 2023-CR-1 with Galvan Construction, Inc. of Grand Island, Nebraska in an Amount of $184,148.50. #2023-43 - Approving Bid Award for the 2023 Asphalt Resurfacing Project No. 2023-AC-1 with Gary Smith Construction Co., Inc. of Grand Island, Nebraska in an Amount of $738,832.37. #2023-44 - Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2023 with The Diamond Engineering Co. of Grand Island, Nebraska in an Amount of $868,122.50. #2023-45 - Approving Purchase of One (1) New F150, Four-Wheel Drive Pick-up for the Streets Division of the Public Works Department from Anderson Ford of Lincoln, Nebraska in an Amount of $41,298.00. #2023-46 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 1921 Sagewood Avenue) in an Amount of $140,000.00. #2023-47 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 19121 Sagewood Avenue) in an Amount of $2,400.00. #2023-48 - Approving Purchase of a New 14’ Vee Box Bulk Salt Spreader for the Streets Division of the Public Works Department from Henderson Products, Inc. of Manchester, Iowa in an Amount of $36,288.20. Grand Island Council Session - 3/14/2023 Page 63 / 199 Page 5, City Council Regular Meeting, February 28, 2023 #2023-49 - Approving Award of Professional Engineering Consulting Services for Storm Water Modeling Project with Olsson, Inc. of Grand Island, Nebraska in an Amount not to exceed $89,400.00. #2023-50 - Approving PGS Coal Combustion Residual (CCR) Groundwater Services - Task 21 with HDR Engineering of Omaha, Nebraska in an Amount not to exceed $40,000.00. #2023-51 - Approving Emergency Procurement of Burdick Station CO2 Fire Suppression System in an Amount not to exceed $200,000.00. #2023-52 - Approving Bid Award for Water Main Project 2023-W-1 with Myers Construction, Inc. of Broken Bow, Nebraska in an Amount of $285,378.13. #2023-53 - Approving Change Order #1 for New Restroom Facilities for Ryder and George Parks with CXT, Inc. of Dallas, Texas for an Increase of $16,000.00 an a Revised Contract Amount of $511,910.00. #2023-54 - Approving RFP for a New Playground at Lincoln Park with Creative Sites, LLC of Omaha, Nebraska in an Amount of $178,000.00. Parks and Recreation Director Todd McCoy stated this was for the purchase of new playground equipment at Lincoln Park. Motion by Nickerson, second by Lanfear to approve Resolution #2023-54. Upon roll call vote, all voted aye. Motion adopted. #2023-55 - Approving RFQ for Ryder Park Parking Lot Hard Surfacing with Olsson of Grand Island, Nebraska in an Amount of $44,000.00. #2023-56 - Approving Amendment to Executive Recruitment Services Contract Agreement with Government Professional Services, LLC of Monument, Colorado to include the Utilities Director Position for an Additional Cost of $16,500.00. Human Resources Director Aaron Schmid reported with the announcement of the retirement of Utilities Director Tim Luchsinger effective April 6, 2023, it was staff’s recommendation that the Utilities Director position be added to the recruitment services contract with Government Professional Services. Discussion was held regarding hiring internally. Motion by Lanfear, second by Guzinski to approve Resolution #2023-56. Upon roll call vote, Councilmembers Conley, Lanfear, Stelk, Fitzke, Sheard, Guzinski, and Mendoza voted aye. Councilmembers Nickerson and Haase voted no. Motion adopted. #2023-57 - Approving Addition to the Fee Schedule for Joint Trenching Installations at a cost of $2.40 per lineal foot. #2023-58 - Approving Addendum to the East Central 911 Interlocal Agreement. Grand Island Council Session - 3/14/2023 Page 64 / 199 Page 6, City Council Regular Meeting, February 28, 2023 REQUESTS AND REFERRALS: Consideration of Approving the Request from Wish Nebraska, Inc. for a Conditional Use Permit to allow for an 88’ Monopole located at 1515 East 4th Street. This item was related to the aforementioned Public Hearing. Motion by Nickerson, second by Stelk to approve the request for a Conditional Use Permit from Wish Nebraska, Inc.. Upon roll call vote, all voted aye. Motion adopted. Consideration of Approving Grant Application to ICMA/Gates Foundation for Economic Mobility Opportunities. Interim City Administrator Laura McAllon reported that on February 1, 2023 the International City Managers Association (ICMA) announced a partnership with the Bill and Melinda Gates Foundation to provide up to $30,000 in grant funding to ten selected cities regionally distributed across the United States. The grant program was called the Economic Mobility and Opportunity (EMO) Cohort and Grant. ICMA described the Grant as an opportunity for ICMA members “to receive training, technical assistance, and funding to inform policies and effect conditions that promote overall well-being and upward mobility for their residents.” Both the Finance Director and City Attorney are members of ICMA, which enables the City to apply for the grant funding. Staff recommended approval. Motion by Lanfear, second by Gudzinski to approve the Grant Application to ICMA/Gates Foundation for Economic Mobility Opportunities. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Fitzke, second by Lanfear to approve the payment of claims for the period of February 15, 2023 through February 28, 2023 for a total amount of $6,279,351.33. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:12 p.m. RaNae Edwards City Clerk Grand Island Council Session - 3/14/2023 Page 65 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-2 Approving Request from Full Circle Venue LLC dba Full Circle Venue for a Change of Location from 3333 Ramada Road to 220 West 3rd Street – Liquor License C-088739 Staff Contact: RaNae Edwards Grand Island Council Session - 3/14/2023 Page 66 / 199 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:March 14, 2023 Subject:Public Hearing on Request from Full Circle Venue, LLC dba Full Circle Venue, 3333 Ramada Road for a Change of Location for Class “C-088739” Liquor License to 220 W. 3rd Street Presenter(s):RaNae Edwards, City Clerk Background Full Circle Venue, LLC dba Full Circle Venue, 3333 Ramada Road has submitted an application for a Change of Location for their Class “C-088739” Liquor License to 220 W. 3rd Street. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Staff recommends approval contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 3/14/2023 Page 67 / 199 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon final inspections. Sample Motion Move to approve the application for a change of location requested by Full Circle Venue, LLC dba Full Circle Venue, 3333 Ramada Road to 220 W. 3rd Street for Liquor License “C-088739” contingent upon final inspections. Grand Island Council Session - 3/14/2023 Page 68 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-3 Receipt of Official Document – Tort Claim filed by Petersen Farms Inc. Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 3/14/2023 Page 69 / 199 Council Agenda Memo From:Stacy Nonhof, Assistant City Attorney Meeting:March 14, 2023 Subject:Receipt of Official Document – Tort Claim filed by Petersen Farms Inc. Presenter(s):Stacy Nonhof, Assistant City Attorney Background The City of Grand Island has received a Notice of Tort Claim from Petersen Farms Inc. alleging certain claims for an incident in which occurred between the Spring of 2022 and November of 2022. Petersen Farms began experiencing adverse impacts to numerous irrigation wells during the 2022 irrigation season. Petersen Farms claims the dewatering efforts conducted by the City significantly decreased the groundwater levels in the area immediately adjacent to the dewatering operations, and lowered water levels in the vicinity of numerous Petersen Farms wells. This resulted in the damages summarized in this letter and may continue to impact groundwater levels. A copy of the claim is attached. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney’s office, and we will provide you with any additional information we may have regarding the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Grand Island Council Session - 3/14/2023 Page 70 / 199 Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the Tort Claim filed by Petersen Farms Inc. Grand Island Council Session - 3/14/2023 Page 71 / 199 Grand Island Council Session - 3/14/2023 Page 72 / 199 Grand Island Council Session - 3/14/2023 Page 73 / 199 Grand Island Council Session - 3/14/2023 Page 74 / 199 Grand Island Council Session - 3/14/2023 Page 75 / 199 Grand Island Council Session - 3/14/2023 Page 76 / 199 Grand Island Council Session - 3/14/2023 Page 77 / 199 Grand Island Council Session - 3/14/2023 Page 78 / 199 Grand Island Council Session - 3/14/2023 Page 79 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-4 Receipt of Official Document – Tort Claim filed by Lancer Insurance Company on Behalf of its Insured Navigator Motorcoaches, Inc. and Navigator Motorcoaches, Inc. Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 3/14/2023 Page 80 / 199 Council Agenda Memo From:Stacy Nonhof, Assistant City Attorney Meeting:March 14, 2023 Subject:Receipt of Official Document – Tort Claim filed by Lancer Insurance Company on Behalf of its Insured Navigator Motorcoaches, Inc. and Navigator Motorcoaches, Inc. Presenter(s):Stacy Nonhof, Assistant City Attorney Background The City of Grand Island has received a Notice of Tort Claim from Lancer Insurance Company on behalf of its Insured Navigator Motorcoaches, Inc. and Navigation Motocoahces, Inc.. alleging certain claims for an incident in which occurred on March 10, 2022. A motor vehicle accident occurred at West U.S. Highway 30 and West Stolley Park Road because the stop sign on West Stolley Park Road had been damaged and was not visible to westbound traffic. As a result, the motor vehicle accident occurred between a 2016 Ford Transit Wagon belonging to Navigator Motorcoach, Inc. and a 2021 Ford Explorer belong to Shari B. Dahlstrom. There was property damage to both vehicles and Shari B. Dahlstrom suffered bodily injuries. The stop sign was not replaced until after the March 10, 2022 accident. A copy of the claim is attached. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney’s office, and we will provide you with any additional information we may have regarding the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal Grand Island Council Session - 3/14/2023 Page 81 / 199 consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the Tort Claim filed by Lancer Insurance Company on behalf of its Insured Navigator Motorcoaches, Inc. and Navigation Motocoahces, Inc. Grand Island Council Session - 3/14/2023 Page 82 / 199 Grand Island Council Session - 3/14/2023 Page 83 / 199 Grand Island Council Session - 3/14/2023 Page 84 / 199 Grand Island Council Session - 3/14/2023 Page 85 / 199 Grand Island Council Session - 3/14/2023 Page 86 / 199 Grand Island Council Session - 3/14/2023 Page 87 / 199 Grand Island Council Session - 3/14/2023 Page 88 / 199 Grand Island Council Session - 3/14/2023 Page 89 / 199 Grand Island Council Session - 3/14/2023 Page 90 / 199 Grand Island Council Session - 3/14/2023 Page 91 / 199 Grand Island Council Session - 3/14/2023 Page 92 / 199 Grand Island Council Session - 3/14/2023 Page 93 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-5 #2022-59 - Approving Final Plat and Subdivision Agreement for Legacy 34 Third Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/14/2023 Page 94 / 199 Council Agenda Memo From:Regional Planning Commission Meeting:March 14, 2023 Subject:Legacy 34 Third 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. A final plat for Legacy 34 Second Subdivision (23 lots, 10 Outlots, 20.109 Acres) was approved in October of 2023 with the expectation at least portion of it would come back for approval a future date. A final plat for Legacy 34 Third Subdivision (28 lots, 10 Outlots, 20.109 Acres) is presented for approval. Legacy 34 Second Subdivision will be zoned RD – Residential Development Zone and CD Commercial Development Zone and B2 General Business if approved. Discussion A motion was made by Ruge and second by Robb to approve the proposed rezoning of Legacy 34 Second Subdivision and the Final Plat for Legacy 34 Third Subdivision. The motion was carried with eight members voting in favor (Nelson, O’Neill, Ruge, Robb, Monter, Rainforth, Goplin and Doane), no members voting no or abstaining, (Allan, Stevenson, Hendrickson, and Randone 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 - 3/14/2023 Page 95 / 199 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 - 3/14/2023 Page 96 / 199 Developer/Owner Innate Development 2, 3, 4, 5 and 6 LLC 1201 Allen Dr. #240 Grand Island, NE 68803 To create Size: Final Plat 28 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 - 3/14/2023 Page 97 / 199 PRAIRIEVIEW STREETLOT 3 LOT 4 LOT 5 LEGACY DRIVE HUSKER HIGHWAY N89°22'55"E 591.71'(M,P) 94.87'(M)127.71'(M)NYLA STREETBREC K E N S T R E E T INNATE LANE WEA V E R ST R EET EXISTING 7' UTILITY EASEMENT EXISTING 62' R.O.W. OUTLOT A EXISTING 16.5' TELEPHONE EASEMENT INST NO 94-105265 EXISTING 7' UTILITY EASEMENT SOUTHEAST CORNER LEGACY 34 SECOND SUB 80' 71'105'60'60'EXISTING 7' UTILITY EASEMENT EXISTING 20' UTILITY EASEMENT 20' ACCESS/ DRAINAGE EASEMENT ACCESS EASEMENT ACCESSEASEMENT ACCESS EASEMENT ACCESS EASEMENT ACCESS EASEMENT EXISTING ACCESS/UTILITY EASEMENT EXISTING ACCESS/UTILITY EASEMENT EXISTINGACCESS/UTILITYEASEMENT ACCESS EASEMENT EXISTING 7' UTILITY EASEMENT DRAINAGE/ACCESS EASEMENT EXISTING ACCESS/UTILITY EASEMENT 423.03'(M) S89°22'55"W 1033.23'(M,P) N50°27' 30"E 2 06.12'( M,P) N80°27'30"E 43.50'(M,P) N45°34'52"E 388.23'( M,P) S 4 2 ° 5 2 ' 3 2 " E 2 4 9 . 7 0 ' (M , P ) C2 C3 N89°32'23"E 284.12'(M,P)S00°28'30"E 703.07'(M,P)S11°48'05"W 40.92'(M,P)C12S72°38'11"W 35.59'(M,P)N00°37'05"W 166.00'(M,P)C1C 5 62.00'(M,P)S00°28'30"E 388.97'(M,P)C 4 N89°22'55"E 39.20'(M,P)62.00'(M,P)S00°28'30"EN89°31'30"E 78.50'(M)N00°28'30"W 328.94'(M)S89°31'30"W 78.50'(M) N89°31'30"E 78.50'(M) N89°31'30"E 78.50'(M) N82°12'35"E 147.7 6 ' ( M , P ) C10 N89°22'55"E 406.71'(M,P) C8 N89°22'55"E 242.39'(M,P) N82°12'35"E 147. 4 3 ' ( M , P )C11 C9 N57°0 1' 0 4 " E 59.58'( M, P) N50°27'3 0"E 22 2.2 4'( M, P) N20°27'30"E 46.51'(M,P)N45°34'52"E 389.12'(M,P) S89°22'55"W 53.93'(M)N00°37'05"W 174.78'(M)N00°37'05"W 229.00'(M)N89°22'55"E 242.28'(M) N00°37'05"W 77.49'(M) N30°15'01"E 68.84'(M) N00°37'05"W 23.31'(M) N00°37'05"W 86.00'(M) N62°49'30"E 44.73'(M)N5 9 ° 4 4 ' 5 9 " W 55. 5 6 ' ( M ) N00°37'05"W 53.81'(M) C17N57°01'04"E 58.74'(M)C14 C13N00°37'05"W105.90'(M)87.70'(M)154.59'(M) C31 L45S65°16'36"W 62.38'(M) S00°37'05"E 45.99'(M) C33204.03'(M) 48.33'(M)C34 L4 4 C15C 1 6 S4 5 ° 0 6 ' 4 9 " E 8 3 . 0 5 ' (M )L169.08'(M)N22°17'13"W127.35 ' (M ) N43°52'32"W 47.26'(M)L46 L47S4 4 ° 4 1 ' 4 9 " E 7 7 . 9 5 ' (M ) N45°17'43"E81.55'(M)L17 L16 L15 141.50'(M) 83 . 7 7 ' ( M ) N5 6 ° 5 9 ' 2 5 " W113.28'(M) S4 4 ° 4 1 ' 4 9 " E 8 2 . 5 3 ' (M )112.68'(M)125.01'(M) L 3 L4L596.91'(M) L 1 4 L9L8 L7L6 112.88'(M)S01°31'56"EL24 S00°37'05"E69.37'(M)N00°37'05"W70.46'(M,P)N16°12'57"W 224 .65 '(M ,P) L20 L21 L22 S09°37'05"E95.26'(M)L2392.49'(M)S10°04'51"E91.72'(M)28.03'(M)78.71'(M)S88°00'57"E 86.31'(M) L1 0 C28 L11 L12 C2 7 L26S22°03'18"W62.37'(M)L19N22°03'18"E72.11'(M)N79°55'09"E 97.65'(M) L25 C25 92.22 ' (M ) S61°2 5' 1 8 " W 90.71'( M)130.42 ' (M )N28°15 '11 "W 1 8 9 . 6 8 ' (M , P ) 63.62'(M,P)60.02'(M,P)S00°28'30"ES89°32'23"W 63.62'(M,P)C6 C7 L2 N45°34'52"E81.74'(M,P)104.65'(M)S89°22'55"W 92.47'(M)61.03'(M)L27 L28 109.00'(M)L29 L30L31153.25'(M)C24 C23 S11°27'59"E82.17'(M)S4 2 ° 5 8 ' 1 0 " E 5 9 . 2 5 ' (M )S00°36'59"E 268.96'(M)L35L34N00°37'05"W 213.65'(M)65.69'(M)L32 L33 C22 S12°17'09"E90.82 '(M) S33°49'52"W 20.53'(M) S79°29'38"W 95.44'(M) L39 L38L37 S05°18'40"E87.86'(M)S00°37'05"E 197.32'(M)C21 90.84'(M)N89°22'55"E 76.00'(M)104.50'(M)S89°22'55"W 80.18'(M)102.50'(M)102.50'(M) 79.92'(M) S89°22'55"W S00°28'30"E 31.12'(M)C20C29L42 L4197.72'(M)109.43'(M)109.43'(M)113.97'(M)113.97'(M)105.54'(M)105.54'(M)N00°28'30"W60.03'(M)158.50'(M,P)S00°28'30"E 507.80'(M)C18 C30L43 C32 C19 L40 L 1 3 L 1 8 S00°37'14"E 214.28'(M)1 6 7 . 0 1 ' (M , P ) N 4 2 ° 5 2 ' 3 2 "W N00°37'05"W 47.18'(M)S10°05'56"E120.52'(M)3.68'(M)N44°51'16"E 141.40'(M)117.51 ' (M )N2 9 °37 '38 "W L36N45°17'43"E 209.59'(M) S89°22'55"W 39.05'(M,P) 6 0 . 0 2 ' (M )133.27'(M)53.04'(M)S00°37'05"E 220.00'(M)S89°22'55"W 610.21'(M) N00°37'05"W 60.10'(M) N89°22'55"E 242.28'(M) 163.56'(M)S00°37'05"E94.25'(M)S89°22'55"W 116.00'(M)N00°37'05"W94.25'(M)N89°22'55"E 116.00'(M)74.11'(M) N00°37'05"W 9.00'(M)N00°28'30"W 388.97'(M,P)C26 C36C 3 5 DRAINAGE EASEMENT CURVE TABLE LINE TABLE LINE TABLE EXISTING ROW LINE EXISTING UTILITY EASEMENT LINE SET CORNER (5/8"x24" REBAR w/CAP) MEASURED DISTANCE PLATTED DISTANCE - LEGACY 34 2ND SUB M P NEW SUBDIVISION LINE NEW LOT LINE FOUND CORNER (5/8" REBAR w/CAP) FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 EAST LINE SW1/4, SE1/4 SEC.25-T11N-R10W DEDICATED EASEMENT LINE NOTE: SEE SHEET 2 FOR EASEMENTS DEDICATED WITH THIS PLAT INFORMATION DRAINAGE EASEMENT TO BE DEDICATED WITH PLAT EXISTING ACCESS EASEMENT LINE Grand Island Council Session - 3/14/2023 Page 98 / 199 PRAIRIEVIEW STREETLOT 3 LOT 4 LOT 5 LEGACY DRIVE HUSKER HIGHWAY NYLA STREETBREC K E N S T R E E T INNATE LANE WEA V E R ST R EET EXISTING 7' UTILITY EASEMENT EXISTING 62' R.O.W. OUTLOT A EXISTING 16.5' TELEPHONE EASEMENT INST NO 94-105265 EXISTING 7' UTILITY EASEMENT SOUTHEAST CORNER LEGACY 34 SECOND SUB 80' 71'105'60'60'EXISTING 7' UTILITY EASEMENT EXISTING 20' UTILITY EASEMENT 20' DEDICATED WITH THIS PLAT ACCESS/ DRAINAGE EASEMENT ACCESS EASEMENTDEDICATED WITH THISPLAT ACCESSEASEMENTDEDICATED WITH THIS PLAT ACCESS EASEMENTDEDICATED WITH THIS PLAT ACCESS EASEMENT DEDICATEDWITH THIS PLAT ACCESS EASEMENTDEDICATED WITH THIS PLAT EXISTING ACCESS/UTILITY EASEMENT EXISTING ACCESS/UTILITY EASEMENT EXISTINGACCESS/UTILITYEASEMENT ACCESS EASEMENTDEDICATED WITH THIS PLAT EXISTING 7' UTILITY EASEMENT DRAINAGE/ACCESS EASEMENT DEDICATED WITH THISPLAT UTILITY EASEMENT DEDICATED WITH THIS PLAT EXISTING ACCESS/UTILITY EASEMENT DEDICATEDWITH THIS PLAT DRAINAGE EASEMENT 15' UTILITY EASEMENT DEDICATED WITH THIS PLAT 20' UTILITY EASEMENT DEDICATED WITH THIS PLAT 25' UTILITY EASEMENT DEDICATED WITH THIS PLAT 15' UTILITY EASEMENT DEDICATED WITH THIS PLAT 10' UTILITY EASEMENT DEDICATED WITH THIS PLAT 7.5' 8.0' 17' 5' 20' UTILITY EASEMENT DEDICATED WITH THIS PLAT UTILITY EASEMENT DEDICATED WITH THIS PLAT 15' 13' 10' 16'x16' UTILITY EASEMENT DEDICATED WITH THIS PLAT 25' 15' UTILITY EASEMENT DEDICATED WITH THIS PLAT 15' UTILITY EASEMENT DEDICATED WITH THIS PLAT 19' UTILITY EASEMENT DEDICATED WITH THIS PLAT 10' UTILITY EASEMENT DEDICATED WITH THIS PLAT 15' UTILITY EASEMENT DEDICATED WITH THIS PLAT 10' UTILITY EASEMENT DEDICATED WITH THIS PLAT 10' UTILITY EASEMENT DEDICATED WITH THIS PLAT 20' UTILITY EASEMENT DEDICATED WITH THIS PLAT 7.5' UTILITY EASEMENT DEDICATED WITH THIS PLAT 7' SIDEWALK EASEMENT DEDICATED WITH THIS PLAT 7' SIDEWALK EASEMENT DEDICATED WITH THIS PLAT 10' SIDEWALK EASEMENT DEDICATED WITH THIS PLAT R30' FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 EAST LINE SW1/4, SE1/4 SEC.25-T11N-R10W DRAINAGE EASEMENT TO BE DEDICATED WITH PLAT EXISTING EASEMENT EXISTING ROW LINE EXISTING UTILITY EASEMENT LINE SET CORNER (5/8"x24" REBAR w/CAP) MEASURED DISTANCE PLATTED DISTANCE - LEGACY 34 2ND SUB M P NEW SUBDIVISION LINE NEW LOT LINE FOUND CORNER (5/8" REBAR w/CAP) DEDICATED EASEMENT LINE EXISTING ACCESS EASEMENT LINE Grand Island Council Session - 3/14/2023 Page 99 / 199 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 A REPLAT OF ALL OF LOTS 1-23 AND ALL OF OUTLOTS A, D-J, ALL IN LEGACY 34 SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 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 ______________________, 2023, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LAND CONSISTING OF A REPLAT OF ALL OF LOTS 1-23 AND ALL OF OUTLOTS A, D-J, ALL IN LEGACY 34 SECOND SUBDIVISION, 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, INNATE 3, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, INNATE 4, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, INNATE 5, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, AND INNATE 6, 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 ALL OF LOTS 1-23 AND ALL OF OUTLOTS A, D-J, ALL IN LEGACY 34 SECOND SUBDIVISION, 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 ____________, 2023 _______________________________ BY SCOTT P. RIEF MANAGING MEMBER OF INNATE DEVELOPMENT 2, LLC MEMBER OF INNATE 3, LLC MEMBER OF INNATE 4, LLC SOLE MEMBER OF INNATE 5, LLC MEMBER OF INNATE 6, LLC ON THIS ____ DAY OF ____________________, 2023, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED SCOTT P. RIEF MANAGING MEMBER OF INNATE DEVELOPMENT 2, LLC MEMBER OF INNATE 3, LLC MEMBER OF INNATE 4, LLC SOLE MEMBER OF INNATE 5, LLC MEMBER OF INNATE 6, 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 ______ , 2023 _______________________________ MAYOR _______________________________ CITY CLERK OWNERS: INNATE DEVELOPMENT 2, LLC INNATE 3, LLC, INNATE 4, LLC, INNATE 5, LLC, AND INNATE 6, LLC SUBDIVIDER: INNATE DEVELOPMENT 2, LLC INNATE 3, LLC, INNATE 4, LLC, INNATE 5, LLC, AND INNATE 6, LLC SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 28 LOTS/ 13 OUTLOTS Grand Island Council Session - 3/14/2023 Page 100 / 199 SUBDIVISION AGREEMENT LEGACY 34 THIRD SUBDIVISION LOTS 1-28 Inclusive and Outlots A-J Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, Innate Development 2 L.L.C., A Nebraska Limited Liability Company, Innate Development 3 L.L.C., A Nebraska Limited Liability Company, Innate Development 4 L.L.C., A Nebraska Limited Liability Company, Innate Development 5 L.L.C., A Nebraska Limited Liability Company, and Innate Development 6 L.L.C., A Nebraska Limited Liability Company, 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: LOTS 1-23 INCLUSIVE AND OUTLOT A-J INCLUSIVE OF LEGACY 34 SECOND SUBDIVISION. 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 * This Space Reserved for Register of Deeds * Grand Island Council Session - 3/14/2023 Page 101 / 199 - 2 - such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as LEGACY 34 THIRD 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 THIRD SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Residential and Commercial Development Zone. Those parts of 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 parts of the 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 Grand Island Council Session - 3/14/2023 Page 102 / 199 - 3 - 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 required 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 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 Grand Island Council Session - 3/14/2023 Page 103 / 199 - 4 - 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. Landscaping in the CD and RD zones shall be consistent with the landscaping plan for those developments as approved with the development plan. 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. Grand Island Council Session - 3/14/2023 Page 104 / 199 - 5 - 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 in the RD Residential Development Zone, lots 1-21 inclusive, 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 agrees that within the CD Commercial Development Zone, lots 23-28 inclusive shall be consistent with the designs approved with the development plan including one principal building per lot 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. Lot 22 is zoned B2 General Business and shall conform to the rules and regulations of Chapter 36 as they apply. 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. 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 Grand Island Council Session - 3/14/2023 Page 105 / 199 - 6 - 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. Dated _____________________, 2023. INNATE DEVELOPMENT 2 L.L.C. INNATE DEVELOPMENT 3 L.L.C. INNATE DEVELOPMENT 4 L.L.C. INNATE DEVELOPMENT 5 L.L.C. INNATE DEVELOPMENT 6 L.L.C., Subdivider Grand Island Council Session - 3/14/2023 Page 106 / 199 - 7 - By: ____________________________________ Scott P. Rief STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, 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., member of Innate 3, L.L.C., member of Innate 4, L.L.C., sole member of Innate 5, L.L.C., and member of Innate 6, L.L.C., Nebraska Limited Liability Companies, 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,through 6 L.L.Cs. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, 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 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. Grand Island Council Session - 3/14/2023 Page 107 / 199 - 8 - ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 3/14/2023 Page 108 / 199 - 9 - Grand Island Council Session - 3/14/2023 Page 109 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-59 WHEREAS know all men by these presents, that “Innate Development 2 L.L.C., A Nebraska Limited Liability Company, Innate Development 3 L.L.C., A Nebraska Limited Liability Company, Innate Development 4 L.L.C., A Nebraska Limited Liability Company, Innate Development 5 L.L.C., A Nebraska Limited Liability Company, and Innate Development 6 L.L.C., 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 THIRD 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. 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 THIRD 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, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 110 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-6 #2023-60 - Approving Lease for Dedicated Parking Stall in the Public Parking Lot at West South Front Street and Walnut Street- Railside District Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 3/14/2023 Page 111 / 199 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:March 14, 2023 Subject:Approving Lease for Dedicated Parking Stall in the Public Parking Lot at West South Front Street and Walnut Street- Railside District Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Railside District has requested use of a designated public parking stall for placement of a shipping container to store the Green Team equipment and supplies. Discussion The Railside District would like to purchase a shipping container for storage of the Green Team equipment and supplies year round. The Public Works Department received a request for such container to be located in the public parking lot at West South Front Street and Walnut Street, as shown on the attached exhibit. In following the recent parking lot leases approved by City Council the fee set for this request is $300.00 per year, per stall; for a total of $300.00 annually. It should be noted there are current parking lease agreements in place at the following locations. Northern portion of 3rd Street and Pine Street parking lot- Pinnacle Bank Southern portion of 3rd Street and Pine Street parking lot- ProCon Management, Inc. Oak Street and South Front Street (southeast) parking lot- American Red Cross South Front Street (east of YMCA) parking lot- YMCA 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 - 3/14/2023 Page 112 / 199 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the parking lease agreement at West South Front Street and Walnut Street for Railside District, according to Exhibit “A”. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/14/2023 Page 113 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-60 WHEREAS, the City Council, by authority of 22-77 of the Grand Island City Code, may be resolution, entirely prohibit, or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or potion thereof; and WHEREAS, Railside District requests to dedicate one (1) parking stall in the public parking lot at West South Front Street and Walnut Street, according to attached Exhibit “A”; and WHEREAS, an agreement for such dedicated parking stall has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Parking Lease Agreement with Railside District for placement of a shipping container, according to the attached Exhibit “A”. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 114 / 199 w. sou t h f r o n t s t r e e t N. WALNUT STREET PUBLIC WORKS DEPARTMENT PARKING LEASE AGREEMENT RAILSIDE DISTRICT GRAND ISLAND, NEBRASKA N EXHIBIT 'A' Grand Island Council Session - 3/14/2023 Page 115 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-7 #2023-61 - Approving Lease Agreement with Arnold and Linda Wenn for Property at 1204 W North Front Street for the Wastewater Division of the Public Works Department Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 3/14/2023 Page 116 / 199 Council Agenda Memo From:Matt Walker PE, Assistant Public Works Director- Wastewater Meeting: March 14, 2023 Subject:Approving Lease Agreement with Arnold and Linda Wenn for Property at 1204 W North Front Street 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 a camera van and televising equipment that must be kept in warm storage, away from chemicals to prevent damage to such. At the present time this equipment is stored in a building at the Street Division campus, however due to capacity of other buildings the Streets Division is in need of this space. Discussion Wastewater staff has worked with the City’s Legal Department to negotiate a lease with the property owners for the property at 1204 West North Front Street. This location was chosen due to the centralized area of the City. The lease will run from April 1, 2023 to December 31, 2023 with a monthly payment of $800.00. The City will have the option to purchase the property within the lease term at an agreed upon cash price of $100,000.00. 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 - 3/14/2023 Page 117 / 199 Recommendation City Administration recommends that the Council approve the lease agreement with Arnold and Linda Wenn for property located at 1204 West North Front Street to begin on April 1, 2023. Sample Motion Move to approve the lease agreement with Arnold and Linda Wenn for property located at 1204 West North Front Street to begin on April 1, 2023. Grand Island Council Session - 3/14/2023 Page 118 / 199 Grand IslandCouncil Session - 3/14/2023Page 119 / 199 Approved as to Form ¤ ___________ March 10, 20232 ¤ City Attorney R E S O L U T I O N 2023-61 WHEREAS, the Wastewater Division of the Public Works Department wishes to lease the property at 1204 West North Front Street from Arnold and Linda Wenn; and WHEREAS, the lease will run from April 1, 2023 to December 31, 2023 with a monthly payment of $800.00; and WHEREAS, the Wastewater Division will be responsible for monthly utility charges, including gas, electricity, light, heat, power or telephone or other communication services; and WHEREAS, the Wastewater Division does have the option to purchase the property at 1204 West North Front Street, during the lease term, for a cash price of $100,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Lease of Property by and between the City of Grand Island, Nebraska and Arnold and Linda Wenn for use of property at 1204 West North Front Street is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 120 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-8 #2023-62- Approving Change Order No. 3 for Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 3/14/2023 Page 121 / 199 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:March 14, 2023 Subject:Approving Change Order No. 3 for Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 Presenter(s):Keith Kurz PE, Interim Public Works Director Background This project is for the construction of a new sanitary sewer collection system, force main system and lift station at the Central Nebraska Regional Airport. This project includes building over two (2) miles of new sanitary sewer gravity collection system, thirty-six (36) new manholes, two (2) miles of force main and a new 282-gpm pump station to transport wastewater back to the existing City collection system near the southwest corner of the airport property. The original engineer’s estimate for the project was $8,971,350.00. Four (4) bids were received; $6,130,000.00, $6,247,170.00, $9,975,264.56, and $10,226,495.00, from low to high respectively. S.J. Louis Construction, Inc. of Rockville, Minnesota was awarded a $6,130,000.00 contract on November 9, 2021, via Resolution No. 2021-321, for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4. On May 24, 2022, via Resolution No. 2022-139 City Council approved Change Order No. 1 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 to address the need for additional 10” PVC sanitary sewer pipe to make future expansion less disruptive and not as close to the proposed lift station, the addition of several manholes due to a condition in the field that was not discovered during design, and the option of using high early concrete pavement repair that would allow the pavement to be driven on sooner. The cost associated with Change Order No. 1 was a total of $64,994.50, resulting in a revised contract amount of $6,194,994.50. On July 26, 2022, via Resolution No. 2022-188, City Council approved Change Order No. 2 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 to address removal and replacement of storm sewer pipe, as the deteriorated condition prevents the reinstallation of such; removal and reinstallation of security fencing in accordance with Airport Authority requirements; and additional work necessary to remove and replace existing pavement which is in excess of Grand Island Council Session - 3/14/2023 Page 122 / 199 8-inches in thickness. The cost associated with Change Order No. 2 was a total of $133,907.22, resulting in a revised contract amount of $6,328,901.72. Discussion Change Order No. 3 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 is requested to address multiple issues encountered during construction. Most of the need for these changes stem from the airport infrastructure being very old and that the existing infrastructure was not documented correctly. Due to this fact, the majority of the items in this change order could not be properly verified or discovered until excavation occurred. These items include issues such as the following: Additional storm sewer pipe reconstruction found during excavation Measures to avoid harming existing utilities not noted on the original design plans resulting in loss of production efficiency Mitigation needed when 10 unknown water services were discovered while excavating for proposed sewer main Rerouting of a proposed sewer service due to existing water main being closer to proposed new service than allowed by 10 State Standards Raise existing water main to acquire needed vertical separation between water and sewer main Build new 2” force main for existing grinder pump service found to be discharging into existing force main that will be abandoned with project Reconstructing existing fire hydrant that was documented to be different than found during excavation to gain proper clearance Reconnection of tower and terminal services to proposed main as they were not documented correctly which requires extra work to change Reconnection of north building area services as they were found to be different than documented when excavated Depth of a building service deeper than figured originally which requires additional service replacement to reconnect Rectify quantities in the existing contract at the time of bidding. This item, which amounts to approximately $292,000.00, accounts for changes in existing bid quantities from the existing contract utilizing unit bid prices. The biggest change is due to pavement removal and replacement being higher than in the original contract due to constructability, continuity and to account for some field changes of alignment. The cost associated with Change Order No. 3 is a total of $924,778.89, resulting in a revised contract amount of $7,253,680.61, $1,717,669.39 below the engineer’s estimate. Additional time is also requested to address the issues encountered. The original substantial completion date is requested to move from April 14, 2023 to May 23, 2023, with the final completion date to move from May 16, 2023 to June 24, 2023. Grand Island Council Session - 3/14/2023 Page 123 / 199 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 3 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 with S.J. Louis Construction, Inc. of Rockville, Minnesota. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/14/2023 Page 124 / 199 CHANGE ORDER NO. 3 PROJECT: Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 CONTRACTOR:S.J. Louis Construction, Inc. AMOUNT OF CONTRACT: $6,130,000.00 CONTRACT DATE: December 6, 2021 Address multiple issues encountered during construction. Most of the issues stem from the airport being very old and the existing infrastructure not being documented correctly, which could not be properly verified until excavation occurred. Item No.Description Qty Change Unit Unit Price Total CPR No. 7 CO3-1 Install Concrete Collar 2.00 EA $ 4,367.65 $ 8,735.30 CO3-2 Remove Existing Storm Sewer 1.00 LS $ 2,313.99 $ 2,313.99 CO3-3 Install 15" RCP Storm Sewer 32.00 LS $ 328.00 $ 10,496.00 $ 21,545.29 CPR No. 8 CO3-4 Gravity Sewer- 10" Sewer 664.00 LF $ 153.30 $ 101,791.20 13 Construct 10-inch Gravity Sewer 664.00 LF $ (100.00)$ (66,400.00) CO3-5 Force Main- 6" High Temp 2375.00 LF $ 121.68 $ 288,990.00 16 Construct 6-inch HDPE High Temp FM 2375.00 LF $ (60.00)$ (142,500.00) $ 181,881.20 CPR No. 9-1 & No. 10 CO3-6 Unknown Water Line Services 10.00 EA $ 2,808.01 $ 28,080.11 CO3-7 Install Cleanouts 2.00 EA $ 4,185.16 $ 8,370.32 CO3-8 Connect to Existing Sewer Main 1.00 EA $ 6,031.66 $ 6,031.66 CO3-9 Connect to Existing Sewer Service 1.00 EA $ 5,275.18 $ 5,275.18 CO3-10 Install 6" Sewer Service 230.00 LF $ 132.74 $ 30,529.85 CO3-11 Licensed Plumber- Service Connections 1.00 LS $ 7,017.96 $ 7,017.96 CO3-12 Concrete Remove and Replace 13.00 SY $ 100.00 $ 1,300.00 CO3-13 Seeding - Type A 700.00 SY $ 0.30 $ 210.00 CO3-14 General Conditions $ 2,936.75 $ 89,751.83 Grand Island Council Session - 3/14/2023 Page 125 / 199 2 | Page City of Grand Island | Change Order No. 3 Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 CPR No. 11 CO3-15 City Tap 1.00 LS $ 405.00 $ 405.00 CO3-16 City Valve Operation 1.00 LS $ 1,120.00 $ 1,120.00 CO3-17 Install Taps 2.00 EA $ 8,465.07 $ 16,930.15 CO3-18 Install Gate Valve 1.00 EA $ 11,435.28 $ 11,435.28 CO3-19 Install Water Main 1.00 LS $ 28,189.69 $ 28,189.69 27 Remove and Replace Asphalt 53.33 SY $ 100.00 $ 5,333.33 28 Remove and Replace Concrete 44.44 SY $ 100.00 $ 4,444.44 CO3-20 Seeding 200.00 SY $ 0.30 $ 60.00 $ 67,917.89 CPR No. 12 CO3-21 Directionally Drill 2-inch HPDE Force Main 385.00 LF $ 145.71 $ 56,098.35 CO3-22 Mobilization 1.00 EA $ 1,200.00 $ 1,200.00 CO3-23 Reconnect and Reconstruct Sanitary Sewer Service- Licensed Plumber 1.00 LS $ 12,899.38 $ 12,899.38 CO3-24 Install Seeding- Type A 270.00 SY $ 0.30 $ 81.00 CO3-25 Remove and Replace Asphalt Pavement 50.00 SY $ 100.00 $ 5,000.00 CO3-26 Deduct- Reconnect and Reconstruct Sanitary Sewer Service 1.00 EA $ (2,500.00)$ (2,500.00) CO3-27 General Conditions $ 3,638.94 $ 76,417.67 CPR No. 13 CO3-28 Remove Existing Water Main 1.00 EA $ 6,925.94 $ 6,925.94 CO3-29 Install New Water Main and Couplings 1.00 EA $ 9,762.34 $ 9,762.34 CO3-30 Install Fire Hydrant 1.00 EA $ 5,000.00 $ 5,000.00 $ 21,688.28 CPR No. 14 CO3-31 Core Drill 1.00 LS $ 5,400.00 $ 5,400.00 CO3-32 Concrete (2 CY min)2.00 CY $ 182.75 $ 365.50 CO3-33 Install 8-inch SDR 35 Sewer Service 40.00 LF $ 257.25 $ 10,290.00 CO3-34 Plumber Fees & Service Connection 1.00 LS $ 3,646.51 $ 3,646.51 24 Reconnect and Reconstruct Sanitary Sewer Service -1.00 LS $ (2,500.00)$ (2,500.00) CO3-35 General Conditions $ 860.10 $ 18,062.11 CPR No. 15 CO3-36 Barrel Section 1.00 LS $ 3,400.00 $ 3,400.00 CO3-37 10" MH Core 1.00 EA $ 5,507.80 $ 5,507.80 CO3-38 Remove and Dispose Existing Brick MH 1.00 EA $ 12,344.80 $ 12,344.80 CO3-39 Install 6" SDR 35 18.00 LF $ 107.54 $ 1,935.72 CO3-40 Install 8" SDR 35 10.00 LF $ 147.61 $ 1,476.10 CO3-41 Install 10" SDR 35 72.00 LF $ 214.59 $ 15,450.48 CO3-42 Licensed Plumber 1.00 LS $ 7,375.00 $ 7,375.00 CO3-43 Reconnect and Reconstruct Sanitary Sewer Service 1.00 LS $ (2,500.00)$ (2,500.00) CO3-44 General Conditions $ 2,249.50 $ 47,239.40 Grand Island Council Session - 3/14/2023 Page 126 / 199 3 | Page City of Grand Island | Change Order No. 3 Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 CPR No. 16 CO3-45 Remove 8" Clay Pipe 5.00 LF $ 1,004.35 $ 5,021.75 CO3-46 Replace 4" Concrete MH Riser 2.00 EA $ 1,214.25 $ 2,428.50 CO3-47 Reset MH Ring and Cover 1.00 EA $ 2,638.25 $ 2,638.25 CO3-48 MH Concrete Plug- 8" Penetration 1.00 EA $ 2,865.25 $ 2,865.25 CO3-49 Install 8" Fernco Coupling w/ Concrete Encasement 2.00 EA $ 2,769.25 $ 5,538.50 CO3-50 Install 8" Wye (SDR-35, gasketed)2.00 EA $ 3,113.25 $ 6,226.50 CO3-51 Remove 10x6 Tee 1.00 EA $ 1,152.25 $ 1,152.25 CO3-52 Install 10x8 Tee 1.00 EA $ 2,335.25 $ 2,335.25 CO3-53 Install 6" Wye (SDR-35, gasketed)1.00 EA $ 3,019.25 $ 3,019.25 CO3-54 Install 8" Clean-Out 1.00 EA $ 4,185.16 $ 4,185.16 CO3-55 Remove 8" VCP Pipe 30.00 LF $ 5.00 $ 150.00 CO3-56 1818 E Citation Way- Reconnect Service Lateral 1.00 EA $ 4,522.50 $ 4,522.50 CO3-57 1925 E Gulf Stream- Reconnect Service Lateral-wast 1.00 EA $ 4,522.50 $ 4,522.50 CO3-58 Maintain 8" Sewer in Service (not abandon)170.00 LF $ (5.00)$ (850.00) CO3-59 Maintain MH in Service (not abandon MH H02-2)1.00 EA $ (2,500.00)$ (2,500.00) CO3-60 General Conditions $ 2,062.78 $ 43,318.44 CPR No. 17 CO3-61 Core Drill for 6" Connection 1.00 LS $ 5,442.80 $ 5,442.80 CO3-62 Concrete (2 CY min)2.00 CY $ 188.75 $ 377.50 CO3-63 Install 6-inch Serwer Service Connection 181.00 LF $ 158.12 $ 28,619.72 CO3-64 Plumber Fees 1.00 LS $ 6,246.88 $ 6,246.88 CO3-65 Reconnect & Reconstruct Sanitary Sewer Service -1.00 LS $ (2,500.00)$ (2,500.00) CO3-66 General Conditions $ 1,837.34 $ 40,024.24 CPR No. 18 CO3-67 Disinfection and Testing 1.00 LS $ 675.11 $ 675.11 CO3-68 Install Taps 1.00 EA $ 7,415.35 $ 7,415.35 CO3-69 Install Water Main 1.00 EA $ 15,968.04 $ 15,968.04 $ 24,058.50 Total CPRs= $631,904.85 Grand Island Council Session - 3/14/2023 Page 127 / 199 4 | Page City of Grand Island | Change Order No. 3 Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 Quantity Adjustments Original Total Est Installed Total Change Cost CO3-70 Debeading Credit $ (3,202.00) $ (3,202.00) 27 Remove and Replace Asphalt Pavement $ 140,000.00 $ 452,359.00 $ 312,359.00 CO1-1 Construction 10" Gravity PVC Sewer $ 10,000.00 $ 11,200.00 $ 1,200.00 CO1-2 Market Adjustment- PVC Material $ 6,600.00 $ 7,392.00 $ 792.00 CO1-3 Remove and Replace Concrete Pavement $ 7,800.00 $ 9,100.00 $ 1,300.00 CO1-15 H02-6495 Credit Standard Manhole $ (5,200.00) $ (5,364.00) $ (164.00) CO1-16 H02-6495 New Drop Manhole $ 5,850.00 $ 6,034.50 $ 184.50 CO1-18 H02-6497 Credit Standard Manhole $ (6,000.00) $ (6,268.00) $ (268.00) CO1-19 H02-6497 New Drop Manhole $ 7,200.00 $ 7,051.50 $ (148.50) CO1-22 Sky Park Rd & Baron Lane Concrete $ 850.00 $ 1,530.00 $ 680.00 CO1-23 Sky Park Rd & Airport Rd Concrete $ 2,650.00 $ 1,720.00 $ (930.00) CO2-6 Mobilization- Sub- Saw Cutting Machine $ 40,664.00 $ 16,744.00 $ (23,920.00) CO2-7 Saw Cutting- Sub- 8"+ Thickness $ 17,146.50 $ 25,257.54 $ 8,111.04 CO2-8 Water Tank & Pumps- Saw Cut Sub $ 6,630.00 $ 2,535.00 $ (4,095.00) CO2-10 Min. Cost of Cut per Mob- Sub $ 1,950.00 $ 2,925.00 $ 975.00 $ 236,140.50 $ 529,014.54 $ 292,874.04 Change Order No. 3 Total= $924,778.89 Original Contract Price …………………….……………$6,130,000.00 Net Increase Resulting from Change Order No. 1 …$ 64,994.50 Net Increase Resulting from Change Order No. 2 ...$ 133,907.22 Net Increase Resulting from this Change Order…… $ 924,778.89 Revised Contract Price Including this Change Order…$7,253,680.61 ---------------------------------------------------------------------------------------------------------------- Notice to Proceed Date…………………………….……December 7, 2021 Original Substantial Completion Date…………………April 14, 2023 Revised Substantial Completion Date…………………May 23, 2023 Original Final Completion Date………………..………. May 16, 2023 Revised Final Completion Date……………..…………. June 24, 2023 Grand Island Council Session - 3/14/2023 Page 128 / 199 5 | Page City of Grand Island | Change Order No. 3 Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 The Above Change Order Accepted S.J. LOUIS CONSTRUCTION, INC. By____________________________________Date_______________________ Approval Recommended: By__________________________________________________Date________________ 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 - 3/14/2023 Page 129 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-62 WHEREAS, on November 9, 2021, via Resolution No.2021-321, the City of Grand Island awarded S.J. Louis Construction, Inc. of Rockville, Minnesota the bid in the amount of $6,130,000.00 for the Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4; and WHEREAS, On May 24, 2022, via Resolution No. 2022-139 City Council approved Change Order No. 1, in the amount of $64,994.50, to address the need for additional 10” PVC sanitary sewer pipe to make future expansion less disruptive and not as close to the proposed lift station, the addition of several manholes due to a condition in the field that was not discovered during design, and the option of using high early concrete pavement repair that would allow the pavement to be driven on sooner; and WHEREAS, on July 26, 2022, via Resolution No. 2022-188, City Council approved Change Order No. 2, in the amount of $133,907.22, to address removal and replacement of storm sewer pipe, as the deteriorated condition prevents the reinstallation of such; removal and reinstallation of security fencing in accordance with Airport Authority requirements; and additional work necessary to remove and replace existing pavement which is in excess of 8-inches in thickness; and WHEREAS, it has been determined that further modifications are necessary to complete such project; and WHEREAS, such modifications have been incorporated into Change Order No. 3; and WHEREAS, the cost associated with such change order is $924,778.89, resulting in a revised contract amount of $7,253,680.61. 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. 3, at a cost of $924,778.89 between the City of Grand Island and S.J. Louis Construction, Inc. of Rockville, Minnesota to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 130 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-9 #2023-63 - Approving Purchase of a 2023 Service Truck for Water Distribution Department Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/14/2023 Page 131 / 199 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:March 14, 2023 Subject:Approving Purchase of a 2023 Service Truck for Water Distribution Department Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Water Distribution Department has a fleet of eight service trucks used to move personnel and equipment to repair water mains, maintain fire hydrants, maintain line valves, locate water lines, install water meters, and remove snow. These trucks are used throughout the city and must be available 24/7 in all types of weather. The average age of the eight trucks is 8.8 years with the newest being 4 years and the oldest 16 years. Water Department management developed a replacement program for all equipment that is reviewed each year to ensure equipment used by the Water Shop is ready to use when needed. The oldest truck of 16 years is past its useful life and will be replaced with this new truck. Discussion To ensure reliability, and readiness 24/7 for repairs to the water distribution system, a service truck was budgeted for FY 2022-2023. Using State Contract #15727 allows for a discounted purchase of a 2023 Ford F150 service truck, for a total cost of $41,979.00. Utilities Department staff is recommending the purchase of the 2023 Ford F150 from Anderson Auto Group of Lincoln, NE in the amount of $41,979.00. An amount of $50,000.00 was approved in the FY 2022-2023 budget for this purchase. 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 - 3/14/2023 Page 132 / 199 Recommendation City Administration recommends that Council approve the purchase of a 2023 Ford F150 service truck from Anderson Auto Group of Lincoln, NE in the amount of $41,979.00. Sample Motion Move to approve the purchase of a 2023 Ford F150 Service Truck from Anderson Auto Group of Lincoln, NE in the amount of $41,979.00. Grand Island Council Session - 3/14/2023 Page 133 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-63 WHEREAS, the average age of the eight Water Department trucks is 8.8 years, with the oldest being 16 years; and WHEREAS, the Water Department has developed a replacement program for all equipment to ensure that all equipment is ready to use when needed; and WHEREAS, State Contract #15727 allows for a discounted purchase of a 2023 Ford F150 service truck for a total cost of $41,979.00 and WHEREAS, Utilities Department staff is recommending the purchase of the 2023 Ford F150 from Anderson Auto Group of Lincoln, NE in the amount of $41,979.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Water Department purchase a 2023 Ford F150 from Anderson Auto Group of Lincoln, NE, in the amount of $41,979.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 134 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-10 #2023-64 - Appointment of City's Representative at the Nebraska Municipal Power Pool Staff Contact: Tim Luchsinger Grand Island Council Session - 3/14/2023 Page 135 / 199 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:March 14, 2023 Subject:Appointment of City’s Representatives at the Nebraska Municipal Power Pool Presenter(s):Tim Luchsinger, Utilities Director Background Grand Island has been a member of the Nebraska Municipal Power Pool (NMPP) since it was formed in 1975. The primary goal of the organization is to develop means by which the state’s municipal electric utilities could cooperate in developing electric power supply. That organization has since grown to include nearly 200 municipal electric utilities not only in Nebraska, but also from Colorado, Kansas, North Dakota, Wyoming, and Iowa, and has also expanded its scope of services to include wholesale power supply, transmissions services, power marketing, natural gas supply, load aggregation and bulk purchasing, computer programming services and other services specifically designed to serve municipal utilities. NMPP is also the parent company of the Municipal Energy Agency of Nebraska (MEAN), which is one of our partners in the Public Power Generating Agency (PPGA), the interlocal agency created for the Whelan Energy Center Unit 2 power plant in Hastings. Grand Island was a charter member of NMPP and has had a representative on the Board of Directors since the organization’s creation. I have served as the City of Grand Island’s representative since 2011. Discussion With my retirement in April, I will no longer be available to represent the City at that organization. NMPP is requesting that Grand Island continue its participation in NMPP and formally appoint a replacement and alternate representative. It is recommended that Assistant Utilities Director Travis Burdett, the current alternate representative, be designated as the replacement representative to the Nebraska Municipal Power Pool. It is also recommended that Assistant Utilities Director Lynn Mayhew be designated as the alternate representative. After my retirement, Mr. Burdett and Mr. Mayhew will be the longest serving senior managers in the Department. Mr. Burdett and Mr. Mayhew both have the specific experience and knowledge to best serve Grand Island as the City’s representatives at NMPP. Grand Island Council Session - 3/14/2023 Page 136 / 199 NMPP bylaws require the appointment of representatives to be done by the represented city’s governing board, therefore, these recommended appointments are submitted to the City Council for their consideration. 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 appoint Travis Burdett as the representative, and Lynn Mayhew as the alternate representative, for the City of Grand Island at the Nebraska Municipal Power Pool. Sample Motion Move to approve appointment of Travis Burdett as the representative, and Lynn Mayhew as the alternate representative, for the City of Grand Island at the Nebraska Municipal Power Pool. Grand Island Council Session - 3/14/2023 Page 137 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-64 WHEREAS, the City of Grand Island has had a representative on the Nebraska Municipal Power Pool’s (NMPP) Board of Directors since it’s creation in 1975; and WHEREAS, Tim Luchsinger, the City’s current representative, is retiring in April and will no longer be able to fulfill this role; and WHEREAS, it is recommended that Assistant Utilities Director Travis Burdett, the current alternate representative, be designated as the replacement representative and that Assistant Utilities Director Lynn Mayhew be designated at the alternate representative. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Tavis Burdett be designated as the replacement NMPP representative and Lynn Mayhew be designated as the alternate representative. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 138 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-11 #2023-65 - Approving Engineering Services for Electric System Master Plan Staff Contact: Tim Luchsinger Grand Island Council Session - 3/14/2023 Page 139 / 199 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:March 14, 2023 Subject:Approving Engineering Services for Electric System Master Plan Presenter(s):Tim Luchsinger, Utilities Director Background The City of Grand Island electric system requires continual planning and upgrades to adequately and reliably serve its customers and meet increasing load. Most of this planning is performed in-house. It is considered good practice to occasionally get an outside perspective on current system conditions and upgrade plans. The last full master plan was completed in 2015. Due to a number of emerging technologies including distributed energy resources and electric vehicles as well as challenges such as substation security, it is appropriate to have an outside consultant take a fresh look at the system. Discussion The Request for Proposals was advertised in accordance with City procurement procedures and three proposals were received from the following consultants. Olsson, Grand Island, NE Sargent & Lundy, Chicago, IL Larsen & Toubro LTD, Fairfield, CA An evaluation team evaluated the proposals based on the specified criteria. The team ranked the proposals based upon the total score and recommend that the proposal from Sargent & Lundy be accepted for the Electric System Master Plan. The proposal from Sargent & Lundy includes a detailed estimated activity pricing breakdown which will be billed at actual cost, for a not-to-exceed total price of $132,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 3/14/2023 Page 140 / 199 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Electric System Master Plan proposal from Sargent & Lundy of Chicago, IL, to be billed at actual cost, for a not-to-exceed price of $132,000. Sample Motion Move to approve the resolution authorizing the Mayor to execute a contract with Sargent & Lundy of Chicago, IL, for Electric System Master Plan to be billed at actual cost, for a not-to-exceed price of $132,000. Grand Island Council Session - 3/14/2023 Page 141 / 199 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ELECTRIC SYSTEM ENGINEERING SERVICES RFP DUE DATE: February 15, 2023 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: January 23, 2023 NO. POTENTIAL BIDDERS: 3 PROPOSALS RECEIVED Larsen & Toubro LTD Sargent & Lundy Fairfield, CA Chicago, IL Olsson Grand Island, NE cc: Tim Luchsinger, Utilities Director Angela Schulte, Utilities Dept. Laura McAloon, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Travis Burdett, Assist. Utilities Director P2421 Grand Island Council Session - 3/14/2023 Page 142 / 199 Grand Island Council Session - 3/14/2023 Page 143 / 199 Grand Island Council Session - 3/14/2023 Page 144 / 199 Grand Island Council Session - 3/14/2023 Page 145 / 199 Grand Island Council Session - 3/14/2023 Page 146 / 199 Grand Island Council Session - 3/14/2023 Page 147 / 199 Grand Island Council Session - 3/14/2023 Page 148 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-65 WHEREAS, the City of Grand Island invited proposals for Engineering Services for Electric System Master Plan, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 15, 2023, proposals were received, opened and reviewed; and WHEREAS, Sargent & Lundy of Chicago, IL, submitted a proposal in accordance with the terms of the advertisement of proposals and plans and specifications and all other statutory requirements contained therein, such proposal not to exceed a total amount of $132,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Sargent & Lundy, of Chicago, IL not to exceed a total amount of $132,000, for Engineering Services for Electric System Master Plan, is hereby approved as the lowest responsible proposal. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 149 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-12 #2023-66 - Approving Purchase of Police Laptops and Docking Stations Staff Contact: Kevin Denney Grand Island Council Session - 3/14/2023 Page 150 / 199 Council Agenda Memo From:Chief Kevin Denney, Police Department Meeting:March 14, 2023 Subject:Approving Purchase of Police Laptops and Docking Stations Presenter(s):Chief Kevin Denney, Police Department Background The Police Department has budget authority and grant funds for the purchase of new laptop computers, for our Patrol fleet, on our regular rotation. The Department is recommending the purchase of ten (10) Dell Latitude 5430 Rugged laptops, unit cost of $2,987.04, and (10) Havis DS-Dell-422 docking stations, unit cost $681.43, for a total cost of $36,684.70. This purchase is being made under the State of Nebraska contract number 14252 OC with Dell Technologies. Discussion The Police Department has budget authority and grant funds for the purchase of new laptop computers and docking stations for the Patrol Division fleet on our regular rotation. The Police Department and City I.T. Department have determined the best and most cost effective equipment configuration for the cars to be the Dell Latitude 5430 Rugged laptops and the Havis DS-Dell-422 docking stations. The Department currently has similar Dell laptops in the patrol vehicles. The Department is requesting the purchase of ten (10) Dell Latitude 5430 Rugged laptops and ten (10) Havis DS-Dell-422 docking stations, for a total cost of $36,684.70. These ten laptops and docking stations will replace worn out and out of warranty laptops that are currently in the fleet. Cost breakdown for this purchase will consist of $21,703.00 from our Justice Assistance Grant (JAG) and $14,981.70 out of our Miscellaneous Operations Police Department line item. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 3/14/2023 Page 151 / 199 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 ten (10) Dell Latitude 5430 Rugged laptops and ten (10) Havis DS-Dell-422 docking stations, for the Police Department Patrol fleet, for a total cost of $36,684.70. The purchase is being made under the State of Nebraska contract number 14252 OC. Sample Motion Move to approve the purchase of ten (10) Dell Latitude 5430 Rugged laptops and ten (10) Havis DS-Dell-422 docking stations for the Police Department Patrol fleet for a total cost of $36,684.70. The purchase is being made under the State of Nebraska contract number 14252 OC with Dell Technologies. Grand Island Council Session - 3/14/2023 Page 152 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-66 WHEREAS, the Police Department budgeted for and has grant funding, for the purchase of new laptop computers and docking stations for the Patrol Division vehicle fleet; and WHEREAS, the Police Department has determined that the Dell Latitude 5430 Rugged laptops and Havis DS-Dell-422 docking stations, both purchased through Dell Technologies, are the products that best meet the Department’s needs; and WHEREAS, the State of Nebraska has a contract, 14252 OC, for the purchase of the Dell laptops; and WHEREAS, the cost of ten (10) Dell Latitude 5430 Rugged laptops and ten (10) Havis DS-Dell-422 docking stations, both purchased through Dell Technologies, is $36,684.70, which is within the estimated amount budgeted and grant fund availability. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, approve the purchase of ten (10) Dell Latitude 5430 Rugged laptops and ten (10) Havis DS-Dell-422 docking stations, both purchased through Dell Technologies, at a price of $36,684.70. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 153 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-13 #2023-67 - Approving Purchase of 2023 Police Fleet Vehicles Staff Contact: Kevin Denney Grand Island Council Session - 3/14/2023 Page 154 / 199 Council Agenda Memo From:Kevin Denney, Police Chief Meeting:March 14, 2023 Subject:2023 Police Fleet Vehicle Purchases Presenter(s):Kevin Denney, Police Chief Background The Police Department has budget authority under Capital expenditures for the purchase of four (4) fleet vehicles. Three (3) of these vehicles will be Ford PUVs (Police Utility Vehicle) with a Hybrid engine. One (1) of these vehicles will be a 2023 Chevrolet Malibu. Discussion The Police Department has budget authority under Capital Outlay for the purchase of four (4) fleet vehicles. The Department is replacing higher mileage vehicles from the marked Patrol and Administrative Division fleet on our regular vehicle rotation. The Department is requesting to purchase the three (3) 2023 Police Interceptor Utility vehicles under State contract #15778 OC from Anderson Auto Group, Lincoln, Nebraska. Cost for the three (3) hybrid engine vehicles, after some adds and deductions, will be $48,553 each. There is an included $100 for drop shipping for each vehicle. The Department is also requesting to purchase one (1) 2023 Chevrolet Malibu under State contract #15666 OC from Husker Auto Group, Lincoln Nebraska. The cost of one (1) Chevrolet Malibu vehicle, after some adds and deductions, will be $21,703.97. The total cost for all four (4) is $167,362.97. 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 - 3/14/2023 Page 155 / 199 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 three (3) 2023 Ford Police Interceptor Utility vehicles, with hybrid engine, at a cost of $48,553 each, under State contract from Anderson Auto Group, Lincoln, NE and one (1) 2023 Chevrolet Malibu, at a cost of $21,703.97, also under state contract, from Husker Auto Group, Lincoln, NE for a total cost of $167,362.97. Sample Motion Move to purchase three (3) 2023 Ford Police Interceptor Utility vehicles under State contract from Anderson Auto Group, Lincoln, NE and one (1) 2023 Chevrolet Malibu under state contract from Husker Auto Group for a total cost of $167,362.97. Grand Island Council Session - 3/14/2023 Page 156 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-67 WHEREAS, the City has approved budget authority for the purchase of four (4) Police Department fleet vehicles; and WHEREAS, the State of Nebraska has released the State contracts, for vehicle purchases, which include the vehicles the Police Department regularly acquires, State Contracts #15666 OC and #15778 OC; and WHEREAS, the Police Department desires to purchase three (3) 2023 Ford Police Interceptor Utility vehicles, with a hybrid engine, at a cost of $48,553 each, and one (1) 2023 Chevrolet Malibu, at a cost of $21,703.97, for a total cost of $167,362.97. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of three (3) 2023 Ford Police Interceptor Utility vehicles, from Anderson Auto Group, Lincoln, Nebraska and one (1) 2023 Chevrolet Malibu, from Husker Auto Group, Lincoln, Nebraska, all under state contract for a total cost of $167,362.97. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 157 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-14 #2023-68 - Approving 2023-2024 Victims of Crime Act (VOCA) Grant Award for Police Department Staff Contact: Kevin Denney Grand Island Council Session - 3/14/2023 Page 158 / 199 Council Agenda Memo From:Chief Kevin Denney, Police Department Meeting:March 14, 2023 Subject:Approving 2023-2024 VOCA Grant Award for Police Department Presenter(s):Chief Kevin Denney, Police Department Background The Grand Island Police Department has applied for a 2023 Victims of Crime Act (VOCA) grant in the amount of $146,339.00 from the Nebraska Commission on Law Enforcement and Criminal Justice. This is a two-year grant and application and funding for the second year is yet to be determined. There is no city and county match (cash and in-kind) for this grant however occasionally, in the past, the City of Grand Island has met any financial shortfalls related to the program needs. The program period for this grant is from 7-1-2023 through 6-30-2024. Discussion A requirement for acceptance of the grant is that the grant application and special conditions document is signed by the Mayor. The Grand Island Police Department is requesting that the listed grant application be signed for the acceptance of the award. 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 - 3/14/2023 Page 159 / 199 Recommendation City Administration recommends that the Council approve the award application and accept the 2023 VOCA grant funding in the amount of $146,339.00. Sample Motion Move to approve the award application and accept the 2024 Victims of Crime Act (VOCA) grant funding for the period beginning July 1, 2023 and ending June 30, 2024. Grand Island Council Session - 3/14/2023 Page 160 / 199 Federal Grants & Programs Division Standard Grant Application FG&P Division Standard Grant Application Page 1 of 15 1. Applicable Grant Program: Select one from the menu: 2. If Awarded, These Funds Will: Check only one Create New Service/Activity Enhance Existing Program Continue Existing Program Expand or enhance an existing project not funded under the Applicable Grant Program in the previous year Start up a new victim services project Start up a new Native American victim services project Expand or enhance an existing Native American project Technology Other: (explain) 3. Applicant Legal Name: The applicant must be the agency that will receive and disburse the grant funds. 4. Applicant Physical Address: (Include zip code + 4 digits) 5. Applicant Telephone & Fax #: Telephone#: Fax#: 6. Applicant Federal Employer ID & DUNS #: Employer ID#: must be 9 digits DUNS#: 7. Project Title: 8. Project Point of Contact (PPOC): (Main contact. Responsible for all correspondence regarding grant award and project.) Name: Title: Email: Work Phone#: Address: (Include zip code + 4 digits) Grand Island Council Session - 3/14/2023 Page 161 / 199 FG&P Division Standard Grant Application Page 2 of 15 COMMUNITY OR SERVICE AREA DESCRIPTION: 1. Areas served by this project (Counties/Cities/Statewide): 2. Geographic size of the service area indicated: 9. Fiscal Point of Contact (FPOC): (Responsible for fiscal oversight and fiscal reports. Cannot be same as the PPOC) Name: Title: Email: Work Phone#: Address: (Include zip code + 4 digits) 10. Authorized Official: (NOTE: The Authorized Official is the Mayor, Chair of County Board or City Council or the Board Chair of a Private Non-profit Agency, or Designee through Tribal Resolution) Name: Title: Email: Work Phone#: Address: (Include zip code + 4 digits) 11. Type of Agency (check only one) Government Agency Other: (explain) Non-Profit Organization Campus Organization Federally Recognized Tribal Government, Agency, or Organization Technology Grand Island Council Session - 3/14/2023 Page 162 / 199 FG&P Division Standard Grant Application Page 3 of 15 3. Identify the service area designation(s) as rural, urban, and/or frontier. If more than one designation explain and include the percentage of each designation within the service area. 4. Complete the table for service area described in #1 by using US Census data available at: http://www.census.gov/quickfacts/table/PST045215/00 Race Number % of Total Population American Indian/Alaska Native Asian Black/African American Hispanic or Latino Native Hawaiian/Other Pacific Islander White Non-Latino/Caucasian Multiple Races Some Other Race Total Population: 100% Ethnicity Number % of Total Population Hispanic or Latino Not Hispanic or Latino Grand Island Council Session - 3/14/2023 Page 163 / 199 FG&P Division Standard Grant Application Page 4 of 15 5. Complete the chart for service area described in #1. Do not repeat populations identify in above table. Add populations as needed. Marginalized / Underserved Populations Number % of Total Population LGBTQ+ Elders (55+ years) Veterans Persons w Mental Health Issues Persons w Substance Abuse Issues Limited English Proficiency Individuals Rural Undocumented Person with Disabilities Deaf or Hard of Hearing Homeless Low to No Income Child and Youth Grand Island Council Session - 3/14/2023 Page 164 / 199 FG&P Division Standard Grant Application Page 5 of 15 SUSTAINABILITY: 1. Mission and Purpose Statement: (150 words) 2. Length of time agency has been in operations: (150 words) 3. Agency paid staff and unpaid volunteers: Total # # FTEs Agency volunteers (excluding board members) Agency board member volunteers Paid agency staff Grand Island Council Session - 3/14/2023 Page 165 / 199 FG&P Division Standard Grant Application Page 6 of 15 4. Describe organization’s structure: (250 words) 5. Describe agency’s current scope of services or operations: (250 words) Grand Island Council Session - 3/14/2023 Page 166 / 199 FG&P Division Standard Grant Application Page 7 of 15 6. List agency accreditations, licenses, and membership associations relevant to provision of services: (250 words) Grand Island Council Session - 3/14/2023 Page 167 / 199 FG&P Division Standard Grant Application Page 8 of 15 7. List at least three milestones or achievements from the most recently completed 12-month budget period related to sustaining the agency or the agency’s services. (500 words) Grand Island Council Session - 3/14/2023 Page 168 / 199 FG&P Division Standard Grant Application Page 9 of 15 Supplemental Funding: 1. Supplemental Funding Chart (complete for the agency’s most recently completed 12-month budget period). Budget Period: (month/day/year) From: To: Agency’s total operating budget: $ Funding Sources Amount Received JAG Office of Violence Prevention (OVP) Residential Substance Abuse Treatment (RSAT) Sexual Assault Services (SAS) VAWA STOP VAWA VOCA OTHER FEDERAL (list below) STATE (list below) LOCAL (list below) OTHER (list below) Grand Island Council Session - 3/14/2023 Page 169 / 199 FG&P Division Standard Grant Application Page 10 of 15 Applicant Disclosures of Pending Applications: Applicants are to disclose any pending applications, submitted within the last 12 months for federally and or state funded grants that include requests for funding to support the same project proposed under this solicitation and will cover the identical cost items outlined in the budget in the application under this solicitation. Mark none if there are no pending applications. Federal or State Funding Agency Solicitation Name / Project Name Name/Phone/E-mail for Point of Contact at Funding Agency Grand Island Council Session - 3/14/2023 Page 170 / 199 FG&P Division Standard Grant Application Page 11 of 15 CERTIFICATIONS: Certifications and requirements listed below that apply to federal funds are not subject to applicants applying for state funding under the OVP Grant Program. 1. Certification of Application I hereby certify the information in this application is accurate and, as the authorized official for the project, hereby agree to comply with all provisions of the grant program and all other applicable state and federal laws. Applicant certifies that during the development of this grant application victim services providers were consulted with in order to ensure proposed activities and requests are designed to promote the safety, confidentiality and economic independence of victims of intimate partner violence, sexual assault and stalking. Authorized Official Initials: 2. Discrimination & Harassment Policy Certification My signature below hereby acknowledges my review of the Nebraska Crime Commission’s Discrimination & Harassment Policy located at: https://ncc.nebraska.gov/sites/ncc.nebraska.gov/files/OI%2342.pdf Authorized Official Initials: 3. Certified Assurances A. The applicant assures that federal grant funds made will not be used to supplant existing funds. B. The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Nebraska Commission on Law Enforcement and Criminal Justice (Crime Commission) shall prescribe will be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the Act. C. The applicant assures that they and all subawards under this award have a DUNS number and are registered with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and OVW). D. The applicant assures that it shall maintain such data and information and submit such reports, in such form, at such times, and containing such information as the Crime Commission may require. E. The applicant certifies that the proposed project fulfills all program requirements; that all the information is correct; that there has been and will be throughout the life of the grant, appropriate coordination with affected agencies; and, that the applicant will comply with all provisions of the Applicable Grant Program as well as all other applicable federal and state laws. F. The applicant assures that it will comply, and all its contractors will comply, with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322 and the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968 as amended, 42 U.S.C. Grand Island Council Session - 3/14/2023 Page 171 / 199 FG&P Division Standard Grant Application Page 12 of 15 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and OVW’s implementing regulations at 28 CFR Part 90. G. The applicant assures it will comply with the Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. Applicant will take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). H. The applicant assures that in the event a federal or state court or administrative agency makes a finding of discrimination after a due process hearing the subrecipient of funds will forward a copy of the finding to the Office of Civil Rights Compliance of the Office of Justice Programs in Washington, D.C. Additionally, a copy of the findings will be sent to the Crime Commission. I. The applicant assures that, if required, it will formulate an equal employment opportunity program (EEOP) in accordance with 28 CFR 42.301 et. seq., and submit a certification to the state that it has a current EEOP on file which meets the requirements therein. J. The subgrantee assures that it and its contractors and any subawards will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CRF Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 CFR Part 2800 (together, the Part 200 Uniform Requirements), and the current edition of the DOJ Grants Financial Guides as posted on the OVW website to include any amendments made throughout the course of the grant period. K. The applicant, if a non-Federal entity assures that if it expends $750,000 or more in Federal funds (from all sources including pass-through subawards) in the organization’s fiscal year it will arrange for a single organization-wide audit to be conducted in accordance with the provisions of Title 2 CFR Subpart F. If less than $750,000 is expended in a year then the agency is exempt from Federal audit requirements. In this case, the non-Federal entity assures that financial records will be maintained in an acceptable accounting system and be available for review or audit by appropriate officials of Federal, state or local agencies. L. The applicant agrees to attend training as required by the Crime Commission. M. The applicant agrees to establish and maintain a Drug Free Workplace Policy. N. VAWA Grant Program Applicants: Applicant assures that it and any subawards will document their compliance with the confidentiality and privacy provisions required under the VAWA SAS and STOP Grant Programs. CERTIFICATION I certify that I have read and reviewed the above assurances, that the Applicant will comply with all provisions of the Applicable Grant Program selected on page one of this application and all other applicable federal laws and state laws, and the Applicant will implement the project as written if approved by the Crime Commission. NCC06.02.2020 Authorized Official Initials: Grand Island Council Session - 3/14/2023 Page 172 / 199 Page 13 of 15 5. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance on Nonprocurement Debarment and Suspension," and 28 CFR Part 83, "Government-wide Debarment and Suspension," and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. A. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. B. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other requirements: 1. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a two-year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. (d) Are not presently indicted for or otherwise Grand Island Council Session - 3/14/2023 Page 173 / 199 Page 14 of 15 criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (e) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. C. FEDERAL TAXES 1. If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. D. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for grantees, as defined at 28 CFR Sections 83.620 and 83.650: 1. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against Grand Island Council Session - 3/14/2023 Page 174 / 199 Page 15 of 15 such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Authorized Official Initials: My signature below indicates I have read and initialed each of the certifications contained in this application for funding document, and I hereby certify that the applicant will comply with these certifications as outlined for and relevant to the Applicable Grant Program. Organization Name: Organization Address: Authorized Official Name: Authorized Official Title: Signature of Authorized Official: Date Signed (month/day/year): Grand Island Council Session - 3/14/2023 Page 175 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-68 WHEREAS, The U.S. Department of Justice has provided funding for Victims of Crime Act (VOCA) grants and instituted a 12-month grant award process; and WHEREAS, The Grand Island Police Department has a Victim / Witness Unit that serves as a valuable resource to victims of crime in our community; and WHEREAS, the Grand Island Police Department has received VOCA grant funding in past years to support the Victim / Witness Unit; and WHEREAS, the VOCA grant application requesting $146,339.00 in funding must be submitted to the Nebraska Crime Commission; and WHEREAS, the Police Department must have Council approval to submit a VOCA grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Police Department 12- month Victims of Crime Act (VOCA) grant application to the Nebraska Crime Commission requesting an amount of $146,339.00 to fund the Victim / Witness Unit. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 176 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item G-15 #2023-69 - Approving FY24 Community Project Funding Grant Request for P25 Radio System Staff Contact: Jon Rosenlund Grand Island Council Session - 3/14/2023 Page 177 / 199 Council Agenda Memo From:Libby Finochiaro, Grants Administrator Meeting:March 14, 2023 Subject:Community Project Fund Request for P25 Radio System Presenter(s):Jon Rosenlund, Grand Island-Hall County Emergency Management Chief Kevin Denney, Grand Island Police Department Background Grand Island-Hall County Emergency Management in conjunction with the Police Department is requesting to apply to the FY24 Community Project Fund to purchase and install two ASR tower sites and nine consoles in the Emergency Operations Center and seventy-five (75) P25 multi-band radios for the Police Department. The purchase of this equipment will allow the City of Grand Island to connect to the Statewide Radio System and communicate with our partners who have already switched over to the P25 system. Our Community Project Fund request will go to Congressman Adrian Smith. Selected projects will be presented to the federal appropriations committee for funding under specific federal agencies. We are requesting $3 million in funding from the Department of Homeland Security toward the purchase of the two ASR tower sites and the installation of nine consoles at the EOC. This grant requires a 25% match that will be split between the City of Grand Island and Hall County 50/50 per an already existing interlocal agreement. The cities portion of this project would total approximately $375,000, with $2.25 million coming from the grant and $375,000 from Hall County. We are also requesting $550,000 in funding from the Department of Justice toward the purchase of seventy-five P25 multi-band radios. This grant requires a 25% match. The cities portion of this project would total approximately $137,500, with $412,500 coming from the grant. A copy of the grant applications has been included with this packet for your review. Discussion At the 01/24/2023 council meeting, council approved Grand Island Police Department to purchase seventy-five P25 multi-band radios due to safety concerns and lack of interoperability of the current system with our partner organizations. In the same meeting, Grand Island Council Session - 3/14/2023 Page 178 / 199 Grand Island Fire Department received approval to apply to the FY23 Assistance to Firefighters Grant for the purchase of seventy P25 multi-band radios for their department. The purchase and installation of two ASR tower sites and nine consoles for the Emergency Operations Center will provide full functionality to our P25 radio system and complete our conversion to a multi-band system. If selected for funding, this generous opportunity would provide a critical $2.25 million of this $3 million project. There is a 25% match for this grant, amounting to $750,000. The City of Grand Island and Hall County have an existing interlocal agreement where each entity would pay for 50% of the grant match, amounting to $375,000 for the City of Grand Island. The purchases would be budgeted for in the FY24 budget. There is an expected cost savings benefit of $19,140 annually with the purchase of this equipment. The State of Nebraska charges a fee of $132 per radio to patch onto the Statewide Radio System. Council has approved of the purchase of 145 radios that will need to be patched into the state system if we choose not to upgrade our towers and consoles. This savings benefit will increase if more radios are purchased for additional staff. We are also requesting $550,000 in funding from the Department of Justice toward the purchase seventy-five P25 multi-band radios. This grant requires a 25% match. The cities portion of this project would total approximately $137,500, with $412,500 coming from the grant. The purchase of this equipment is essential to completing our conversion to a multi-band radio system. It will improve safety for our staff and our community, reducing barriers to interoperability with our responding partners and improving efficiency in daily operations among our staff. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the submittal of a grant application. 2.Take no action. Recommendation City Administration recommends that the Council authorizes the submittal of the FY24 Community Project Fund applications and $512,500 ($375,000 EOC and $137,500 Police Department) match for the purchase of two ASR towers, nine consoles, and seventy-five P25 radios. Grand Island Council Session - 3/14/2023 Page 179 / 199 Sample Motion Move to authorize the submittal of the FY24 Community Project Fund applications and $512,500 ($375,000 EOC and $137,500 Police Department) match for the purchase of two ASR towers, nine consoles, and seventy-five P25 radios. Grand Island Council Session - 3/14/2023 Page 180 / 199 Rep. Adrian Smith – FY24 Community Project Funding Request Form Additional materials may be requested. Any submitted material may be published on the Congressman’s website or in the Congressional Record. Instructions 1)Applications, including all supplemental documentation, must be submitted by 11:59 PM MDT on Friday, March 17, 2023. 2)Individuals/Organizations must respond to all questions on the form. 3)All requests must be submitted via e-mail. Please return all documents as attachments via e-mail. Completed forms must be submitted to josh.jackson@mail.house.gov. Please make sure the subject line of your email corresponds with your request. Please contact Josh via email or at 202-225-6435 with any questions about this form or the process. Section: 1 (Organization Information) Organization Name:City of Grand Island Street Address:100 E. 1st St. City:Grand Island State:NE Zip Code:68801 Section: 2 (Contact Information) Point person at your organization who staff may contact regarding this request First Name:Jon Last Name:Rosenlund Phone Number:308-385-5362 E-mail Address:jonr@grand-island.com Section 3: Request Details 1)Appropriations Subcommittee Homeland Security 2)Eligible Account Federal Assistance – Emergency Operations Centers 3)Legal Name of Organization to Receive Funds Grand Island-Hall County Emergency Management Department 4)Location of Project Grand Island and Hall County, NE 5)Project Description Grand Island Council Session - 3/14/2023 Page 181 / 199 The Grand Island – Hall County Emergency Management Department fills the role of emergency management and 911 communications for Hall County, NE and is the primary owner and maintenance organization for the public safety radio system in Hall County. The City and County seek to install a P25 Radio system in our EOC to serve the needs of all public safety agencies inside Hall County. This includes the installation of two (2) ASR Tower sites and the installation of 9 consoles in the Grand Island Emergency Operations Center. This is the critical infrastructure for the County-wide P25 Radio system and will be maintained by the Emergency Management Department. Cost for the P25 capable consoles is $2.0 million and cost for two ASR Tower sites is $1 million. This new system would be capable of connecting to the Statewide Radio System as well as neighboring Buffalo County’s P25 system, providing full integration and seamless radio access to State and local responders. 6)Overall Cost of Project $3.0 Million 7)Amount Requested $2.25 Million 8)Does this account have a local match requirement? How will this match be met? Yes, the match is 25% and equals approximately $750,000. This will be met through the Interlocal Agreement between City of Grand Island and Hall County that funds the Emergency Management Department. 9)If this project is funded, how much of the requested amount would be spent in FY24? 100% 10)Justification for the project The purchase of the two ASR Tower Sites and nine consoles will allow our EOC to seamlessly communicate over a digital trunked radio system with responders throughout Nebraska. It removes interoperability barriers like radio band or frequency between our local and State responders. It provides direct interface between the EOC and our Incident Commanders, more effectively supporting incidents like the 2019 floods and special events such as the Nebraska State Fair. This project allows us to patch disparate systems together to bridge gaps that may remain between partners. The lack of interoperability of our current system is putting our entire staff and community at risk during responses with other jurisdictions. Grand Island Fire Department is a member of the Platte River Valley Mutual Aid District, providing mutual aid to surrounding communities. GIFD and GIPD regularly work alongside the Nebraska State Patrol and local sheriff’s offices. Our staff are at risk during our mutual aid operations due to our inability to communicate directly with our partners. The replacement of this equipment is an urgent issue and without this grant funding, our community will be faced with significantly cutting staff or services to make the purchase. 11)How will this project benefit the Third District of Nebraska? Hall County is the largest county in the District, and Grand Island is the largest municipality. This area also serves as an anchor in the Third District for economic and tourism interests. Emergency response agencies in Hall County cooperate routinely with neighboring jurisdictions as well as the State of Nebraska on issues of public safety. The ability to communicate with agencies such as the State Patrol and neighboring agencies who are already on a P25 radio system will help overcome serious interoperability challenges. This will also allow Hall County to collaborate directly with existing P25 systems in Buffalo County and the Statewide Radio System by Memorandum of Agreement, thus providing a more seamless communications infrastructure for State, county and municipal agencies. 12)Have you submitted a CFP request for this project to other offices? No Grand Island Council Session - 3/14/2023 Page 182 / 199 13)Did your organization receive CFP funding in FY22 or FY23? No Section 4: Mandatory Supplemental Documents Please provide the following documents as separate PDFs when submitting this application. List of evidenced community support for the project. Signed, dated letter from the chief executive of the requesting organization receiving funding certifying the following: o No funding will be used for commemorative purposes in accordance with House Appropriations Committee guidelines o No for-profit entity will directly profit from the project funding o No immediate family member of Congressman Smith has a financial interest in the requested project. Grand Island Council Session - 3/14/2023 Page 183 / 199 Rep. Adrian Smith – FY24 Community Project Funding Request Form Additional materials may be requested. Any submitted material may be published on the Congressman’s website or in the Congressional Record. Instructions 1)Applications, including all supplemental documentation, must be submitted by 11:59 PM MDT on Friday, March 17, 2023. 2)Individuals/Organizations must respond to all questions on the form. 3)All requests must be submitted via e-mail. Please return all documents as attachments via e-mail. Completed forms must be submitted to josh.jackson@mail.house.gov. Please make sure the subject line of your email corresponds with your request. Please contact Josh via email or at 202-225-6435 with any questions about this form or the process. Section: 1 (Organization Information) Organization Name:City of Grand Island Street Address:100 E. 1st St. City:Grand Island State:NE Zip Code:68801 Section: 2 (Contact Information) Point person at your organization who staff may contact regarding this request First Name:Kevin Last Name:Denney Phone Number:308-385-5400 E-mail Address:kdenney@gipolice.org Section 3: Request Details 1)Appropriations Subcommittee Commerce, Justice, Science 2)Eligible Account Community Oriented Policing Services (COPS) – Technology and Equipment 3)Legal Name of Organization to Receive Funds City of Grand Island, NE 4)Location of Project Grand Island, Nebraska Grand Island Council Session - 3/14/2023 Page 184 / 199 5)Project Description The purchase of P25 Radios, Mobile and Portable, for the Grand Island Police Department office sworn staff. 6)Overall Cost of Project $550,000.00 7)Amount Requested $412,500.00 8)Does this account have a local match requirement? How will this match be met? Yes, the City of Grand Island would provide the 25% matching funding for this project. 9)If this project is funded, how much of the requested amount would be spent in FY24? 100% 10)Justification for the project The purchase of P25 capable radios will allow the Grand Island Police Department to have seamless and interoperable radio communication capabilities within Hall County as they migrate to a P25 digital trunked radio system, as well as collaborate with other P25 systems throughout the State of Nebraska, including the Nebraska State Patrol and neighboring Buffalo County, which already have P25 system. 11)How will this project benefit the Third District of Nebraska? Grand Island is the largest city within the Nebraska Third District with a population over 50,000 and participates in a number of regional partnerships such as SCALES, the South Central Planning Exercise and Training Region, and cooperative efforts to share sensitive law enforcement intelligence with one another. This project will allow GIPD to have seamless communication capabilities with not only other P25 systems in the Region or State, but also the ability to speak on other “legacy” systems such as UHF and VHF analogue system. Thus the GIPD could have interoperable radio communications with any local jurisdiction in the Third District and provide life-saving assistance in mutual aid, disaster or special event response. 12)Have you submitted a CFP request for this project to other offices? No 13)Did your organization receive CFP funding in FY22 or FY23? No Section 4: Mandatory Supplemental Documents Please provide the following documents as separate PDFs when submitting this application. List of evidenced community support for the project. Signed, dated letter from the chief executive of the requesting organization receiving funding certifying the following: o No funding will be used for commemorative purposes in accordance with House Appropriations Committee guidelines o No for-profit entity will directly profit from the project funding o No immediate family member of Congressman Smith has a financial interest in the requested project. Grand Island Council Session - 3/14/2023 Page 185 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-69 WHEREAS, the City of Grand Island- is applying to the FY24 Community Project Fund for federal assistance to purchase and install two ASR tower sites, nine consoles, and seventy-five P25 multi-band radios. WHEREAS, in order to communicate via radio with surrounding departments the City of Grand Island must upgrade their current equipment to be P25 complaint; and WHEREAS, the cost for the purchase and installation of the two ASR tower sites and nine consoles is $3,000,000 with $2,250,000 of that cost being requested in federal grant funding and $750,000 is required in local match funding for FY24; and WHEREAS, there is an existing interlocal agreement between the City of Grand Island and Hall County for the local match to be split 50/50 between the two entities with $375,000 in funding requested in local match funding for FY24 from the City of Grand Island; and WHEREAS, the cost for the purchase of seventy-five P25 multi-band radios is $550,000 with $412,500 of that cost being requested in federal grant funding and $137,500 is required in local match funding for FY24. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the FY24 Community Project Funding Grant applications and $512,500 local match in FY24 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant applications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. ______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 186 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item I-1 #2023-70 - Consideration of Approving Public Transit Service Agreement Budget Amendment for Fiscal Year 2023 and 2024 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 3/14/2023 Page 187 / 199 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:March 14, 2023 Subject:Approving Public Transit Service Agreement Budget Amendment for Fiscal Year 2023 and 2024 Presenter(s):Keith Kurz PE, Interim Public Works Director Background The City of Grand Island became eligible for receipt of funds for public transit services from the Federal Transit Administration as a result of the City’s status as a metropolitan statistical area. Commencing July 1, 2016, public transportation trips originating or terminating within the urbanized area of the City of Grand Island must be funded utilizing urban transportation funds from the Federal Transit Administration. On June 25, 2019, via Resolution No. 2019-197, City Council approved an agreement with Senior Citizens Industries, Inc. for Public Transit Services. The initial agreement provided for services to June 30, 2022, with the City having the option of renewing the agreement on an annual basis for a two (2) year period. Compensation was approved at the following maximum annual rate: July 1, 2019- June 30, 2020- $697,213.17 July 1, 2020- June 30, 2021- $718,129.57 July 1, 2021- June 30, 2022- $739,673.46 July 1, 2022- June 30, 2023- $761,863.66 July 1, 2023- June 30, 2024- $784,719.57 On March 8, 2022, via Resolution No. 2022-55, City Council approved a budget amendment with Senior Citizens Industries, Inc. for Public Transit Services. The amendment provided for an increase of $67,404.64 for a portion of FY 2021/2022 (March 1, 2022- June 30, 2022), resulting in a revised total amount of $807,078.10. The amendment also increased FY 2022/2023 (July 1, 2022- June 30, 2023) by $174,108.61, for a revised total amount of $935,972.27. Grand Island Council Session - 3/14/2023 Page 188 / 199 Discussion It is being proposed at this time to enter into the FY 2023/2024 option available in the contract on a month-to-month basis. The City of Grand Island would give Senior Citizens Industries, Inc. a minimum of 90-day notice before the end of service provision. Additionally, Senior Citizens Industries, Inc. has requested a contract amendment for both FY 2022/2023 and 2023/2024 for provision of services in the Urbanized Area of Grand Island. The request for the remainder of FY 2022/2023 (March 1, 2023- June 30, 2023) results in an increase of $295,885.00, for a revised total amount of $1,231,857.27. FY 2023/2024 (July 1, 2023- June 30, 2024) results in an increase of $719,971.43, for a revised total amount of $1,504,691.00. The FY 2023/2024 change to contract price would be administered on a monthly basis instead of an annual basis. Senior Citizens Industries, Inc. (SCI) cites two (2) major reasons for their request; overall inflation and a 46% increase in ridership during the first six (6) months of FY 2022/2023 compared to the same period last year. Per SCI, ridership alone has increased their average hours worked per pay period by 17%. It is also noted that fuel, maintenance, and administrative costs have risen accordingly. This budget amendment will not advance any funds to Senior Citizens Industries, Inc., it will simply allow the budget authority should the increased ridership and associated costs continue to trend upward. Acquisition of capital equipment remains difficult, and it is anticipated that ridership will not continue to grow at previous rates due to this hindrance. The City will work closely with SCI to remain in budget as capital equipment is delivered. No additional City funding will need to be allocated for the FY 2022/2023 budget amendment, as CARES funding will be used to cover the associated expenses. CARES reimburses operational expenses at 100%. The FY 2023/2024 City match will be presented in the budget proposal for that fiscal year, with CARES funding being an option for aiding in reimbursement. 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 - 3/14/2023 Page 189 / 199 Recommendation City Administration recommends that the Council approve the Public Transit Service Provider agreement budget amendment with Senior Citizens Industries, Inc. of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/14/2023 Page 190 / 199 PUBLIC TRANSIT SERVICE AGREEMENT BUDGET AMENDMENT CONTRACTOR:Senior Citizens Industries, Inc. AMOUNT OF CONTRACT: July 1, 2021- June 30, 2022- $739,673.46 July 1, 2022- June 30, 2023- $761,863.66 July 1, 2023- June 30, 2024- $784,719.57 CONTRACT DATE: June 25, 2019 Senior Citizens Industries, Inc. (SCI) sites two (2) major reasons for their request; overall inflation and a 46% increase in ridership during the first six (6) months of FY 2022/2023 compared to the same period last year. Per SCI ridership, alone, has increased their average hours worked per pay period by 17%. It is also noted that fuel, maintenance, and administrative costs have risen accordingly. The FY 2023/2024 option will be available in the contract on a month-to-month basis. The City of Grand Island would give Senior Citizens Industries, Inc. a minimum of 90- day notice before the end of service provision. July 1, 2021- June 30 2022- Contract Price Prior to this Change Order…………………………………$739,673.46 Net Increase Resulting from Amendment No. 1……………..……………$ 67,404.64 Revised Contract Price Including this Amendment…...…………………… $807,078.10 July 1, 2022- June 30, 2023- Contract Price Prior to this Change Order………………………………… $ 761,863.66 Net Increase Resulting from Amendment No. 1…………..……………… $ 174,108.61 Net Increase Resulting from Amendment No. 2………………………….. $ 295,885.00 Revised Contract Price Including this Amendment…...………………… $1,231,857.27 July 1, 2023- June 30, 2024- Contract Price Prior to this Change Order………………………………… $ 784,719.57 Net Increase Resulting from Amendment No. 1…………..……………… $ 0.00 Net Increase Resulting from Amendment No. 2………………………….. $ 719,971.43 Revised Contract Price Including this Amendment…...………………… $1,504,691.00 Grand Island Council Session - 3/14/2023 Page 191 / 199 2 | Page City of Grand Island | Budget Amendment No. 2 Public Transit Service Agreement The Above Change Order Accepted: Senior Citizens Industries, Inc. 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 - 3/14/2023 Page 192 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-70 WHEREAS, On June 25, 2019, via Resolution No. 2019-197, City Council approved an agreement with Senior Citizens Industries, Inc. for Public Transit Services. The initial agreement provided for services to June 30, 2022, with the City having the option of renewing the agreement on an annual basis for a two (2) year period. Compensation was approved at the following maximum annual rate: July 1, 2019- June 30, 2020- $697,213.17 July 1, 2020- June 30, 2021- $718,129.57 July 1, 2021- June 30, 2022- $739,673.46 July 1, 2022- June 30, 2023- $761,863.66 July 1, 2023- June 30, 2024- $784,719.57; and WHEREAS, on March 8, 2022, via Resolution No. 2022-55, City Council approved a budget amendment with Senior Citizens Industries, Inc. for Public Transit Services; and WHEREAS, the amendment provided for an increase of $67,404.64 for a portion of FY 2021/2022 (March 1, 2022- June 30, 2022), resulting in a revised total amount of $807,078.10; and WHEREAS, the amendment further provided an increase to FY 2022/2023 (July 1, 2022- June 30, 2023) by $174,108.61, for a revised total amount of $935,972.27; and WHEREAS, at this time the FY 2023/2024 option of the contract is being and entered into on a month-by-month basis; and WHEREAS, at this time Senior Citizens Industries, Inc. has requested another contract amendment for FY 2022/2023, which ends June 30, 2023; as well as to their FY 2023/2024; and WHEREAS, the request for the remainder of FY 2022/2023 (March 1, 2023- June 30, 2023) results in an increase of $295,885.00, for a revised total amount of $1,231,857.27; and WHEREAS, FY 2023/2024 (July 1, 2023- June 30, 2024) results in an increase of $719,971.43, for a revised total amount of $1,504,691.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Transit Provider Agreement Budget Amendment by and between the City and Senior Citizens Industries, Inc. for the provision of public transit services should be, and hereby is, approved.+ - - - Grand Island Council Session - 3/14/2023 Page 193 / 199 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 194 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item I-2 #2023-71 - Consideration of Approving the Final Allocation of the ARPA Funds Staff Contact: Laura McAloon Grand Island Council Session - 3/14/2023 Page 195 / 199 Council Agenda Memo From:Laura D. McAloon, Interim City Administrator/City Attorney Meeting:March 14, 2023 Subject:Allocation of ARPA Funds Presenter(s):Laura D. McAloon, Interim City Administrator/City Attorney Background City Administration presented its recommendation to Council for the allocation of the remaining American Recovery Plan Act (ARPA) funds of approximately $5,500,000 on January 24, 2023. The Administration’s recommendation was to allocate all of the ARPA funds to the $5,500,000 financial commitment of the City to the funding of public infrastructure improvements within the Conestoga Marketplace redevelopment area. On February 28, 2023, the Council heard a presentation from Central Community College about the planned improvements to its Grand Island campus and a request that the City contribute $550,000 to the public infrastructure improvements that will be made to the campus. Discussion Based on the discussion by Council following the two presentations referenced above, City Administration has prepared a proposed resolution allocating $5,000,000 of the remaining ARPA funds to Woodsonia Hwy 281 LLC’s Conestoga Marketplace infrastructure reimbursements and $500,000 of the remaining ARPA funds to Central Community College’s infrastructure improvements on its Grand Island Campus. Any funds not spent on the two infrastructure projects would be allocated to the General Fund for operations. The ARPA funds must be allocated to eligible projects no later than December 31, 2024 and disbursed by December 31, 2026. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 3/14/2023 Page 196 / 199 1.Move to approve 2.Postpone the issue to future date 3.Take no action on the issue Recommendation City Administration has no position. Sample Motion Move to approve the resolution allocating the City’s remaining ARPA funds. Grand Island Council Session - 3/14/2023 Page 197 / 199 Approved as to Form ¤ ___________ March 10, 2023 ¤ City Attorney R E S O L U T I O N 2023-71 WHEREAS, by Resolution 2022-341, the City approved a Redevelopment Plan for all of Area No. 28 for the Conestoga Marketplace project and committed up to $5,500,000 in reimbursements for public infrastructure acquisition and construction related to the Redevelopment Plan; and WHEREAS, on February 20, 2023 Central Community College (CCC) came before City Council to provide a detailed cost estimate and request funding for infrastructure improvements on the CCC Grand Island campus in the total amount of $550,000; and WHEREAS, the City has remaining American Rescue Plan Act (ARPA) funds in the amount of $5,500,000 and the City Council now wishes to allocate the remaining ARPA funds to the Conestoga Marketplace redevelopment project and to the CCC Grand Island campus project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City’s remaining ARPA funds shall be allocated as follows: 1.Up to $5,000,000 to the City’s contributions to the Conestoga Marketplace Redevelopment Plan. 2.Up to $500,000 to the City’s contributions to the Central Community College Grand Island Campus infrastructure improvements. 3.Should any ARPA funds remain unallocated or unspent after the City has satisfied its reimbursement obligations to Conestoga Marketplace and Central Community College, such funds shall be deposited to the City’s General Fund for City operations. BE IT FURTHER RESOLVED, that the Mayor and his designees are hereby authorized and directed to take all actions necessary to carry out the intent of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Grand Island Council Session - 3/14/2023 Page 198 / 199 City of Grand Island Tuesday, March 14, 2023 Council Session Item J-1 Approving Payment of Claims for the Period of March 1, 2023 through March 14, 2023 The Claims for the period of March 1, 2023 through March 14, 2023 for a total amount of $4,112,887.67. A MOTION is in order. Staff Contact: Patrick Brown, Finance Director Grand Island Council Session - 3/14/2023 Page 199 / 199