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04-25-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of April 25, 2023 7:00 PM 1. 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. 2. INVOCATION Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence Avenue 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA 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. 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items wishing to reserve time to speak if you did not sign up to speak on an agenda item. Please come forward, state your name and the Agenda topic on which you will be speaking. 7. PRESENTATIONS AND PROCLAMATIONS 8. CONSENT AGENDA a. Approving Minutes of April 11, 2023 City Council Regular Meeting b. Approving Payment of Claims for the Period of April 12, 2023 through April 25, 2023 for a total amount of $7,357,621.71. c. Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street d. Approving Request from Diane DuBois, 3763 N W. Capital Avenue, Unit N210 for a Liquor Manager Designation with Walmart #1326, 2250 N. Diers Avenue e. Approving Request from Christopher Sieck, 14002 Parker Street, Omaha, Nebraska for Liquor Manager Designations for all Casey's Stores in Grand Island (8 locations) f. #2023-101 - Approving Supplemental Agreement No. 1 with Nebraska Department of Transportation (NDOT) for Improving US Highway 30 in Grand Island g. #2023-102 - Approving ClearGov Budgeting Software Purchase h. #2023-103 - Approving Final Plat and Subdivision Agreement for JBA Ventures Subdivision Page 1 of 223 i. #2023-104 - Approving Final Plat and Subdivision Agreement for Eilienstine Subdivision. j. #2023-105 - Approving Final Plat and Subdivision Agreement for Platte View Second Subdivision. k. #2023-106 - Approving Final Plat and Subdivision Agreement for T&L Atkins Subdivision. l. #2023-107 - Approving Energy Efficiency and Conservation Block Grant Award m. #2023-108 - Approving Purchase of a 2023 Expedition for the Police Department n. #2023-109 - Approving Transportation Alternatives Program Grant Amendment 9. PUBLIC HEARINGS a. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Starostka Group Unlimited, Inc.- South of State Street, West of Diers Avenue) #2023-110 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Starostka Group Unlimited, Inc.- South of State Street, West of Diers Avenue) b. Public Hearing Concerning Redevelopment Plan for CRA Area No. 34 to Allow for Redevelopment of Property Located South of 13th Street between Diers Avenue and the Moore's Creek Drainway in Grand Island, NE (Crane Valley Investments, LLC) #2023-111 - Approving Redevelopment Plan for CRA Area No. 34 to Allow for Redevelopment of Property Located South of 13th Street between Diers Avenue and the Moore's Creek Drainway in Grand Island, NE (Crane Valley Investments, LLC) c. Public Hearing on Zoning Change for Properties located at 4030, 4022, 4014 and 4006 Huff Boulevard from R1 Suburban Residential Zone to R3 Medium Density Residential Zone (Trent Huff) #9926 - Consideration of Approving Zoning Change for Properties located at 4030, 4022, 4014 and 4006 Huff Boulevard from R1 Suburban Residential Zone to R3 Medium Density Residential Zone (Trent Huff) 10. REQUEST AND REFERRALS 11. RESOLUTIONS a. #2023-112 - Approving Contract for EMS Billing Services to EMS Management & Consultants 12. ORDINANCES a. #9927 - Consideration of Amending Grand Island City Code 4-19 regarding Alcohol Consumption on City Owned Property 13. OTHER ITEMS a. Strategy Session Regarding City Administrator Selection Discussion Page 2 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.a. Subject: Approving Minutes of April 11, 2023 City Council Regular Meeting Staff Contact: RaNae Edwards BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes of Meeting 04-11-23 Page 3 of 223 City Council Meeting Minutes Regular Meeting April 11, 2023 1. CALL TO ORDER Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 11, 2023. Notice of the meeting was given in The Grand Island Independent on April 5, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear and Jason Conley.. The following City Officials were present: City Clerk RaNae Edwards, Interim City Administrator Laura McAloon, Finance Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works Director Keith Kurz. 2. INVOCATION Pastor Ray Stone, First Faith United Methodist Church, 4190 West Capital Avenue. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS a. City Financials Update Finance Director Patrick Brown gave an update on the March 2023 Revenue Report. He mentioned the US Consumer Confidence increased slightly in March but remained below the average level seen in 2022. Year to date (YTD) Sales tax receipts for the General Fund for fiscal year 2023 was positive at 6.1% or $507k. This reflected the receipts of sales tax collections in Page 4 of 223 Page 2, City Council Regular Meeting, April 11, 2023 the month of January. He expected to see sales tax receipts at about a 3-4% growth over the prior year for the rest of this fiscal year. YTD Property Tax revenue for FY2023 was 1.3% more than the same period last year. YTD Licenses & Permits receipts were down 27.6% over the same period last year. Motor Vehicle Sales Tax and Motor Vehicle Tax revenues were still strong at 7.0% growth over FY2022. Food and Beverage Occupation Tax continued to do weill. YTD Food & Beverage Tax was up by 18.4% or $243k. Reviewed were the expenses. He stated the personnel and operating expenses in the General Fund were trending as expected. Discussion was held regarding ARPA funds and cash reserves. 8. CONSENT AGENDA Moved by Mike Paulick, seconded by Doug Lanfear to approve excluding items i, j, & k.. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. a. Approving Minutes of March 28, 2023 City Council Regular Meeting. b. Approving Minutes of April 4, 2023 City Council Study Session. c. Approving Payment of Claims for the Period of March 29, 2023 through April 11, 2023 for a total amount of $4,585,684.96. d. #2023-90 - Approving Certificate of Final Completion for 2022 Sanitary Sewer Rehabilitation; Project No. 2022-S-1 with Insituform Technologies USA, LLC of Chesterfield, Missouri. e. #2023-91 - Approving Bid Award - Precipitator, Bottom Ash and Boiler Industrial Cleaning - Spring 2023 with W-S Industrial Services, Inc. of Council Bluffs, Iowa in an Amount of $235,649.68. f. #2023-92 - Approving Purchase of 2023 John Deere 5100E Tractor as a Replacement from AKRS Equipment Solutions, Inc. of Grand Island, Nebraska in an Amount of $58,323.17. g. #2023-93 - Approving Second Amendment to Fundraising Agreement for the Fundraising of a New Playground at Ryder Park. h. #2023-94 - Approving West Connector Trail Transportation Alternatives Program (TAP) Grant Application. i. #2023-95 - Approving CDBG-2022-3 Sub-recipient Agreement with Hope Harbor. Community Development Administrator Amber Alvidrez reported that in October 2022, the City of Grand Island was awarded an annual allocation of $365,907 from the United States Department of Housing and Urban Development's Community Development Block Grant Program. As part of the 2022-2023 Annual Action Plan, it was recommended to allocate funds to Hope Harbor, Inc. to acquire property located directly adjacent to their current facilities. The property would include 611 W. First Street, 605 W. First Street, 601 W. First Street and 112 S. Elm Street. Hope Harbor's main function was to provide emergency and transitional shelter for women, children and families. Staff recommended approving CDBG Contract #2022-3 with Page 5 of 223 Page 3, City Council Regular Meeting, April 11, 2023 Hope Harbor, Inc. Discussion was held concerning the improvements to the area of Hope Harbor. Moved by Doug Lanfear, seconded by Bethany Guzinski to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. j. #2023-96 - Approving Amendment of the CDBG 2022 Annual Action Plan. Community Development Administrator Amber Alvidrez reported that currently the City of Grand Island had $352,298.59 of unallocated funds from previous annual allocations. The substantial amendment would change City of Grand Island Park Playground projects CDBG funding from $70,907 to$323,205.59. Staff recommended approval. Discussion was held regarding park projects and upgrades. Moved by Mitchell Nickerson, seconded by Doug Lanfear to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. k. #2023-97 - Approving Work in Water Summer Intern. Interim Utilities Director Ryan Schmitz reported that the Grand Island Utilities Department was requesting the addition of .15 FTE's for a grant funded water internship position for seven weeks during the summer of 2023. If the City of Grand Island was awarded the grant, it would be sponsored by Wichita State University to introduce local high school students to the numerous job opportunities available within the water department. Mr. Schmitz answered questions regarding the selection process of students for the program. Moved by Mitchell Nickerson, seconded by Doug Lanfear to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. 9. PUBLIC HEARINGS a. Public Hearing on Request from Bamboo, LLC dba Bamboo, 217 East Stolley Park Road Suite I for a Class "I" Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Bamboo, LLC dba Bamboo, 217 East Stolley Park Road, Suite 1. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 16, 2023; notice to the general public of date, time, and place of hearing published on April 1, 2023; notice to the applicant of date, time, and place of hearing mailed on March 16, 2023. Also submitted was a Liquor Manager Designation for Francisco Ordonez, 308 E. 12th Street. Mr. Ordonez had completed a state approved alcohol Page 6 of 223 Page 4, City Council Regular Meeting, April 11, 2023 server/seller program. Staff recommended approval contingent upon final inspections. No public testimony was heard. #2023-98 - Approving Request from Bamboo, LLC dba Bamboo, 217 East Stolley Park Road Suite I for a Class "I" Liquor License and Francisco Ordonez, 308 E 12th Street for Liquor Manager Designation. Moved by Mike Paulick, seconded by Bethany Guzinski to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. b. Public Hearing on Acquisition of Utility Easement - 707 W. State St (RZ Investments). Interim Utilities Director Ryan Schmitz reported that the Grand Island Utilities Department was in the process of rebuilding the electrical lines and services in conjunction with the infrastructure improvements in the Five Points area. The Utilities Department needed to acquire a 10' wide easement located at 707 W. State Street from RZ Investments so the electric lines and services would be converted from overhead to underground. The proposed easement would allow the Department to install, access, operate, and maintain the existing power lines and infrastructure at this location. Staff recommended approval. No public testimony was heard. #2023-99 - Approving Acquisition of Utility Easement - 707 W. State St (RZ Investments). Moved by Doug Lanfear, seconded by Bethany Guzinski to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. c. Public Hearing on Acquisition of Utility Easement - 2815 S. Stuhr Rd (Villatoro). Interim Utilities Director Ryan Schmitz reported that the Grand Island Utilities Department needed to acquire a 10' wide easement located at 2815 S. Stuhr Road. Jorge and Diane Villatoro had requested a new electrical service to serve their property.. The proposed easement would allow the Department to install, access, operate, and maintain the existing power lines and infrastructure at this location. Staff recommended approval. No public testimony was heard. #2023-100 - Approving Acquisition of Utility Easement - 2815 S. Stuhr Rd (Villatoro). Moved by Mike Paulick, seconded by Mark Stelk to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. 10. REQUEST AND REFERRALS a. Consideration of Referring Blight Study for Proposed Area #37 to the Regional Planning Commission. Page 7 of 223 Page 5, City Council Regular Meeting, April 11, 2023 Regional Planning Director Chad Nabity reported that Phillip Becket and Steve Steck had submitted a Blight and Substandard Study for approximately 9.1 acres of property located south of Faidley Avenue between Carey Avenue and White Avenue. The request was for the Council to forward the study to the Planning Commission for their review and recommendation. Mason Herrman representing Marvin Planning was present to answer questions. Phillip Beckett answered questions regarding his plans for this property. Moved by Mitchell Nickerson, seconded by Doug Lanfear to approve. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. 11. RESOLUTIONS 12. ORDINANCES a. #9924 - Consideration of Vacation of Utility Easement in Bosselman Subdivision; 2537 N Diers Avenue (Bosselman, Inc.). Regional Planning Director Chad Nabity reported that the vacation of utility easements located at 2537 N. Diers Avenue (Bosselman, Inc.) were needed for the redevelopment of Lot 1 Bosselman Subdivision. Staff recommended approval. Motion to suspend the rules was moved by Bethany Guzinski, seconded by Jason Conley. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. Moved by Mike Paulick, seconded by Bethany Guzinski to approve Ordinance #9924. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. b. #9925 - Consideration of Vacation of Utility Easement in Crane Valley Eighth Subdivision; 1004 N Diers Avenue (Concord Development, LLC). Regional Planning Director Chad Nabity reported that the vacation of a utility easement located at 1004 N. Diers Avenue (Concord Development, Inc.) was needed for the redevelopment of Lot 3 Crane Valley Eighth Subdivision. Staff recommended approval. Motion to suspend the rules was moved by Bethany Guzinski, seconded by Maggie Mendoza. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. Page 8 of 223 Page 6, City Council Regular Meeting, April 11, 2023 Moved by Mitch Nickerson, seconded by Jack Sheard to approve Ordinance #9925. Roll Call: Ayes: Jack Sheard, Michelle Fitzke, Maggie Mendoza, Mark Stelk, Jason Conley, Bethany Guzinski, Mitchell Nickerson, Mike Paulick, Doug Lanfear, Chuck Haase. Motion adopted. 13. OTHER ITEMS a. Potential Closed Session Regarding Councilmember Chuck Haase. This item was pulled from the agenda. ADJOURN The meeting was adjourned at 7:57 p.m. RaNae Edwards City Clerk Page 9 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.b. Subject: Approving Payment of Claims for the Period of April 12, 2023 through April 25, 2023 for a total amount of $7,357,621.71. Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 10 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.c. Subject: Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street Staff Contact: RaNae Edwards BACKGROUND: Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Each license expires on April 30th of each year and must be renewed prior to that date. DISCUSSION: G.I. Loan Shop, 1004 West Second Street and Express Pawn, 645 South Locust Street have submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached) FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the application and bond for renewal of pawnbroker’s license. SAMPLE MOTION: Move to approve as recommended. Page 11 of 223 ATTACHMENTS: 1. Applications Page 12 of 223 Page 13 of 223 Page 14 of 223 Page 15 of 223 Page 16 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.d. Subject: Approving Request from Diane DuBois, 3763 N W. Capital Avenue, Unit N210 for a Liquor Manager Designation with Walmart #1326, 2250 N. Diers Avenue Staff Contact: RaNae Edwards BACKGROUND: Diane DuBois, 3763 N W. Capital Avene, Unit N210, Grand Island, Nebraska has submitted an application with the City Clerk's Office for a Liquor Manager Designation in conjunction with Walmart #1326, 2250 N. Diers Avenue. This application has been reviewed by the Police Department and City Clerk's Office. See Police Department report attached. DISCUSSION: City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Ms. DuBois has completed a state approved alcohol server/seller training program. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Move to approve Refer the issue to a Committee. Postpone the issue to future date. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the request for Liquor Manager Designation. SAMPLE MOTION: Move to approve as recommended. Page 17 of 223 ATTACHMENTS: 1. Police Report Page 18 of 223 04/18/23 Grand Island Police Department Officer Report for Incident L23040943 Nature: Liquor Lic Inv Address: 2250 DIERS AVE N; WALMART NORTH Location: PCID Grand Island NE 68803 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 04/18/23 When Reported: 15:27:27 04/12/23 Occurred Between: 15:27:27 04/12/23 and 15:27:27 04/12/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT03 LT03 Bar/Night Club Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Dvorak T Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 15:27:27 04/12/23 Disposition: CLO Date: 04/18/23 Judicial Status: Occurred between: 15:27:27 04/12/23 Misc Entry: and: 15:27:27 04/12/23 Modus Operandi: Description : Method : Involvements Date Type Description Page 19 of 223 Officer Report for Incident L23040943 Page 2 of 5 04/18/23 04/12/23 Name Walmart North #1326, location 04/12/23 Name DuBois, Diana M proposed manager Page 20 of 223 Officer Report for Incident L23040943 Page 3 of 5 04/18/23 Narrative Liquor Manager Grand Island Police Department Diane DuBois has applied to become the new Liquor Manager for Walmart North. DuBois has been employed with Walmart, in South Dakota, for several years and is moving to Grand Island to become the Manager at the North Walmart. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 21 of 223 Officer Report for Incident L23040943 Page 4 of 5 04/18/23 Supplement 309 North Walmart Liquor Manager Grand Island Police Department Supplemental Report Date, Time:4-14-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID Diane DuBois has applied to be named the Liquor Manager for the North Walmart location. DuBois indicates she is in Management with Walmart Corporate, and was last stationed in Pierre, South Dakota. DuBois has already moved to Grand Island. She does not list a spouse. I utilized local and State files, and a paid law enforcement only website to check DuBois' background. I found no active warrants. She had no entry in local Spillman files. Diane had no criminal history in Nebraska. DuBois had no concerning entries on the law enforcement only site, which covers mostly civil matters such as bankruptcies, judgements and liens. I found no entries of concern in any of the databases. The Grand Island Police Department does not object to Diane DuBois being granted a Liquor Manager license for the North Walmart location. Page 22 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.e. Subject: Approving Request from Christopher Sieck, 14002 Parker Street, Omaha, Nebraska for Liquor Manager Designations for all Casey's Stores in Grand Island (8 locations) Staff Contact: RaNae Edwards BACKGROUND: Christopher Sieck, 14022 Parker Street, Omaha, Nebraska has submitted applications with the City Clerk’s Office for a Liquor Manager Designation for the following Casey's Stores: 1. Casey's #2742, 2223 South Locust Street 2. Casey's #2737, 1814 N. Eddy Street 3. Casey's #2732, 4150 W. US Highway 30 4. Casey's #2903, 3428 W. Capital Avenue 5. Casey's #1768, 420 N. Broadwell Avenue 6. Casey's #2707, 806 N. Eddy Street 7. Casey's #2882, 1404 West 2nd Street 8. Casey's #2883, 1420 South Locust Street These applications have been reviewed by the Police Department and the City Clerk’s Office. See Police Department report attached. DISCUSSION: City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Mr. Sieck has completed a state approved alcohol server/seller training program. FISCAL IMPACT: N/A ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Page 23 of 223 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the request for Liquor Manager Designation. SAMPLE MOTION: Move to approve the request from Christopher Sieck, 14002 Parker Street, Omaha, Nebraska for Liquor Manager Designations in conjunction with the following liquor licenses. 1. Casey's #2742, 2223 South Locust Street - Class "D-122343" 2. Casey's #2737, 1814 N. Eddy Street - Class "D-122345" 3. Casey's #2732, 4150 W. US Highway 30 - Class "D-122353" 4. Casey's #2903, 3428 W. Capital Avenue - Class "D-122354" 5. Casey's #1768, 420 N. Broadwell Avenue - Class "D-122366" 6. Casey's #2707, 806 N. Eddy Street - Class "D-122403" 7. Casey's #2882, 1404 West 2nd Street - Class "D-124251" 8. Casey's #2883, 1420 South Locust Street - Class "D-124268" ATTACHMENTS: 1. Police Report - Christopher Sieck Page 24 of 223 04/20/23 Grand Island Police Department Officer Report for Incident L23041368 Nature: Liquor Lic Inv Address: 2223 LOCUST ST S; CASEYS CONVENIENCE STORE Location: PCID Grand Island NE 68801 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 04/20/23 When Reported: 11:13:19 04/18/23 Occurred Between: 11:13:19 04/18/23 and 11:13:19 04/18/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT07 LT07 Convenience Store Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Dvorak T Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 11:13:19 04/18/23 Disposition: CLO Date: 04/20/23 Judicial Status: Occurred between: 11:13:19 04/18/23 Misc Entry: and: 11:13:19 04/18/23 Modus Operandi: Description : Method : Involvements Date Type Description Page 25 of 223 Officer Report for Incident L23041368 Page 2 of 5 04/20/23 04/18/23 Name Caseys General Store #2737, location 04/18/23 Name Sieck, Christopher C proposed manager 04/18/23 Name Sieck, Kelly A spouse Page 26 of 223 Officer Report for Incident L23041368 Page 3 of 5 04/20/23 Narrative Liquor Manager for Casey's Stores Grand Island Police Department Christopher Sieck, of Omaha, has applied to become the new Liquor Manager for all eight (8) of the Grand Island Casey'c General Store locations. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 27 of 223 Officer Report for Incident L23041368 Page 4 of 5 04/20/23 Supplement 309 Liquor Manager for GI Casey's Stores Grand Island Police Department Supplemental Report Date, Time:4-18-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID Christopher Sieck, an Omaha resident, has applied to become the regional Liquor Manager for all eight (8) Casey's General Store locations in Grand Island. The application indicates that Sieck has been in Management with Casey's for three years, and was in Management for Dollar General stores in Omaha and Iowa for about 20 years. Christopher indicates he is married, to Kelly Sieck. Kelly signed the Spousal Affidavit of Non Participation. I utilized local Spillman files, State of NE NCJIS files, and a paid law enforcement only database to check backgrounds for Christopher and Kelly. I found no warrant for arrest. Neither were listed in local files. Christopher self disclosed a traffic conviction from 2021. However, he failed to disclose a misdemeanor conviction for Disorderly Conduct from 2007. I found no entries for Kelly. Given that the undisclosed incident occurred sixteen years ago, I did not feel the omission was disqualifying. The law enforcement only database generally covers items of a civil nature, to include bankruptcies, liens and judgements. Both Christopher and Kelly went through bankruptcies in the past, but the most recent was ten years ago, and the other was over 15 years ago. No current or concerning liens or judgements for either party. The Grand Island Police Department does not object to Christopher Sieck being appointed Liquor Manager for the eight (8) Grand Island Casey's General Stores locations. Page 28 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.f. Subject: #2023-101 - Approving Supplemental Agreement No. 1 with Nebraska Department of Transportation (NDOT) for Improving US Highway 30 in Grand Island Staff Contact: Keith Kurz BACKGROUND: The Nebraska Department of Transportation (NDOT) is preparing plans for improvements to US Highway 30 from just west of Monitor Road east to the existing four-lane divided section west of the US-281/N-2/US-30 interchange in Grand Island for a distance of 3.4 miles, with the City cost sharing on the portion within City limits. On July 24, 2018, via Resolution No. 2018-216, City Council approved an agreement with the Nebraska Department of Transportation (NDOT) for improvements to US Highway 30. At that time the City cost share on the portion within City limits was estimated at $2,775,764.00. DISCUSSION: The Nebraska Department of Transportation (NDOT) has made updates to the original agreement, which are detailed below. • Section 2.2- The improvements begin at R.P. 308+8488 and ends at R.P. 312+55. The highway enters the west corporate limits at R.P. 311+9370 and proceeds east ending at R.P. 312+55, as shown on Exhibit "C", attached and incorporated. • Section 2.2.5- At the Municipality's request, State is including intersection lighting outside the corporate limits at the US-30 intersections with Husker Highway, South Engleman Road, and West Stolley Park Road. • Section 2.3.1- Continuous Median street lighting from the Engleman North Road intersection to the east end of the project and intersection lighting at the intersection of US 30 and Monitor Road. • Section 2.3.2- 12'x10'x177' pedestrian underpass at R.P. 311+7093, which includes grading for a 3.5 foot grade raise in the highway profile, for a future recreational trail. Page 29 of 223 • Section 2.3.3- Twin 36" RCP in conjunction with pedestrian underpass at R.P. 311+70 93 to accommodate a crossing of Municipality's future Moore's Creek drainage way. • Section 2.3.4- Twin 36" RCP at R.P. 310+2002 to accommodate a crossing of Municipality's future Moore's Creek drainage way. • Section 2.4- State and City will enter into a trail agreement before the trail is constructed to address roles and responsibilities. • Section 4.6- Obtain approval of State, with Federal Highway Administration concurrence, prior to making or causing changes in the roadway geometrics, either during project construction or after the project is completed. • Section 11- MUNICIPALITY'S FINANCIAL RESPONSIBILITIES- Municipality's cost of this project will be the sum of the following: o 100% of the cost of work requested by Municipality as described in Section 2.43 of the original agreement and as modified in Section 1 of this Supplemental Agreement (Section 113.1) o 20% of all other costs of the project within the corporate limits along with intersection lighting (Section 113.2), including costs incurred to date and future costs. State's preliminary estimate of Municipality's cost is $2,775,7643,908,270, however Municipality's actual cost is likely to be greater than the preliminary estimate as the details of design are further developed and during construction unit prices and final quantities may be different than bid prices and estimated quantities as a result of field measurement and the contractor change order-supplemental agreement process. Municipality's requested work estimate has increased from $798,301.00 to $969,450.00, as detailed below. • Preliminary Engineering= $28,34584,300 • Construction= $733,198843,000 o Continuous lighting from North Road intersection to the east end of the projectLighting along Engleman Road= $150,00023,000 o 12'x10'x177' pedestrian underpass for multi-use trail= $344,518700,000 o Twin 36" RCP in conjunction with pedestrian underpass to accommodate a crossing of Municipality's future& Moore's Creek drainage way and Twin 36" RCP to accommodate a crossing of Municipality's future Moores Creek drainage way. This will be in conjunction with equalizer pipe at the same location which is at no cost to the Municipality= $238,680120,000 • Construction Engineering= $36,75842,150 The total cost of the project has increased to $45,699,000 from $31,966,000, which is attributed to NDOT updating estimates based on today's prices. The City has paid $1,883,198 towards the Municipality's share of this project, with the remaining $2,025,072.00 to be invoiced in two (2) installments; $1,012,536 on October 1, 2023 and the remaining $1,012,536 on October 1, 2024. Page 30 of 223 FISCAL IMPACT: New Costs FY2023 FY2024 FY2025 FY2026 FY2027 Number of New Staff Estimated cost of new staff (# of FTE X Salaries & Benefits (Payroll) New Capital Outlay (furniture & equipment) New Operational Costs Total New Costs Revenue Offset Fiscal impact of new costs to Department 0.00 $1,012,536 $1,012,536 Notes previous projection was $0 previous projection was $892,566 ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve a resolution authorizing the Mayor to sign Supplemental Agreement No. 1 for Improving US Highway 30 in Grand Island. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 31 of 223 R E S O L U T I O N 2023-101 WHEREAS, on July 24, 2018, via Resolution No. 2018-216, Grand Island City Council approved an agreement with the Nebraska Department of Transportation (NDOT) for improvements to US Highway just west of Monitor Road east to the existing four-lane divided section west of the US-281/N-2/US-30 interchange in Grand Island for a distance of 3.4 miles, with the City cost sharing on the portion within City limits estimated at $2,775,764; and WHEREAS, the Nebraska Department of Transportation (NDOT) has made updates to the original agreement, which are detailed below; and •Section 2.2- The improvements begin at R.P. 308+88 and ends at R.P. 312+55. The highway enters the west corporate limits at R.P. 311+70 and proceeds east ending at R.P. 312+55, as shown on Exhibit “C”, attached and incorporated. •Section 2.2.5- At the Municipality’s request, State is including intersection lighting outside the corporate limits at the US-30 intersections with Husker Highway, South Engleman Road, and West Stolley Park Road •Section 2.3.1- Continuous lighting from North Road intersection to the east end of the project •Section 2.3.2- 12’x10’x177’ pedestrian underpass at R.P. 311+93, which includes grading for a 3.5 foot grade raise in the highway profile, for a future recreational trail. •Section 2.3.3- Twin 36” RCP in conjunction with pedestrian underpass at R.P. 311+93 to accommodate a crossing of Municipality’s future Moore’s Creek drainage way •Section 2.3.4- Twin 36” RCP at R.P. 310+02 to accommodate a crossing of Municipality’s future Moore’s Creek drainage way. •Section 2.4- State and City will enter into a trail agreement before the trail is constructed to address roles and responsibilities. •Section 4.6- Obtain approval of State, prior to making or causing changes in the roadway geometrics, either during project construction or after the project is completed. •Section 11- MUNICIPALITY’S FINANCIAL RESPONSIBILITIES- Municipality’s cost of this project will be the sum of the following: o 100% of the cost of work requested by Municipality as described in Section 2.3 of the original agreement and as modified in Section 1 of this Supplemental Agreement (Section 3.1) o 20% of all other costs of the project within the corporate limits along with intersection lighting (Section 3.2), including costs incurred to date and future costs. WHEREAS, State’s preliminary estimate of Municipality’s cost is $3,908,270, but Municipality’s actual cost is likely to be greater than the preliminary estimate as the details of design are further developed and during construction unit prices and final quantities may be different than bid prices and estimated quantities as a result of field measurement and the contractor change order-supplemental agreement process; and WHEREAS, Municipality’s requested work estimate has increased from $798,301 to $969,450.00, as detailed below. Preliminary Engineering- $84,300 Construction- $843,000 Page 32 of 223 - 2 - •Continuous lighting from North Road intersection to the east end of the project- $23,000 •12’x10’x177’ pedestrian underpass for multi-use trail- $700,000 •Twin 36” RCP in conjunction with pedestrian underpass to accommodate a crossing of Municipality’s future Moore’s Creek drainage way and Twin 36” RCP to accommodate a crossing of Municipality’s future Moores Creek drainage way. This will be in conjunction with equalizer pipe at the same location which is at no cost to the Municipality- $120,000 Construction Engineering- $42,150 WHEREAS, the City has paid $1,883,198 towards the Municipality’s share of this project, with the remaining $2,025,072.00 to be invoiced in two (2) installments; $1,012,536 on October 1, 2023 and the remaining $1,012,536 on October 1, 2024; and WHEREAS, a supplemental agreement with the Nebraska Department of Transportation (NDOT) is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement with the Nebraska Department of Transportation (NDOT) for the improvement to US Highway 30 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such supplemental agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 33 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.g. Subject: #2023-102 - Approving ClearGov Budgeting Software Purchase Staff Contact: Patrick (Pat) Brown BACKGROUND: On November 14, 2017, the Council approved the purchase and implementation of OpenGov software solution for budgeting and reporting via resolution 2017-309. This software served as the primary budget software tool for the City of Grand Island budget process. The software was purchased through SHI International Corp using the State of Nebraska service contract. The contract was for a five-year term. DISCUSSION: The budget process typically begins about halfway through the current budget year. It begins with a copy of the prior year's budget that departments then adjust to what they believe will be needed the following year. The budgets drafted by each department are then reviewed by the Administration and the Finance Department. After this step, several additional steps can occur; including, but not limited to, formal budget reviews by each department, additional requests by the Administration, reviews by the Council and public discussions of various budget aspects. After all of this, a budget is presented to the City Council for approval, which can always be further amended after the necessary votes are taken. Throughout this entire process, multiple versions of the budget will be created, not only in total, but also at the department level. The ClearGov product will push the creation of these various versions into a more streamlined process. Departments will be able to create multiple versions of their budget, each taking into account the variables that need to be considered, but also maintaining those variables that do not need to change. Then the final version for each department will move through a formal approval process that maintains an easily accessible log of what changes have been made. It will also prevent changes from being unknowingly made after approval has occurred. The tool will also provide access to the budget by the City Council and produce easy-to read reports that can be shared with the public. Page 34 of 223 At any point during the budgeting process, a budget book can be produced from the ClearGov product. This budget book program maintains data integrity with one set of data that is used throughout the budget book. It will also save hundreds of work hours spent on updating and tying out other software imports and excel documents that currently make up the budget book. ClearGov’s cloud-native Budget Cycle Management suite provides efficiency at every step of the process so you can budget better. The financial solutions are easy-to-use, complementing our existing Tyler MUNIS accounting system, and automatically deliver website-based results that Grand Island and council members will appreciate. Capital budgeting - automates the process we currently have in place along with prioritizing projects. Eliminate manual spreadsheet work with web-based request forms and scenario planning tools. It allows the users to collaborate with contributors directly in the budget. The capital request data turns into detailed pages instantly with auto- generated graphs. Personnel budgeting – builds the personnel budget. It will easily manage salaries, benefits, vacancies, and inform union negotiations. We can plan future scenarios and analyze how each impacts our budget at multiple levels. It would streamline position requests from department heads. Operational budgeting – the ability to build budgets with ease as requests flow in from departments automatically for approval. Create AI-driven forecasts for long-term planning or use a baseline for budget. Easier collaboration with contributors as line items are edited. Digital Budget Book – the industry’s first website-based solution that builds a budget book in a fraction of the time. Automate the creation of fund summary pages, charts, tables and more. Invite contributors to create new pages quickly with easy-to-use templates. ClearGov meets GFOA award criteria with built-in guidelines. Transparency – the ability to tell our financial story in a way everyone can understand, and that’s ADA-optimized by design. The turnkey, website-based solution is pre- populated with state-available data using dynamic infographics. It will customize our profile with charts, department dashboards, project pages, and more. We’ll be able to add a narrative to the numbers that help stakeholders understand our finances and performance. The ClearGov product that is being proposed for approval will not only streamline the budgeting process for the City of Grand Island, but it will enhance reporting and analytical analysis while providing more transparency in the budget process. Digital Budget Book is like Wikipedia. While no one is going to read every article, everything is there in one place. Citizens can easily navigate the budget book site to find what they’re interested in, and the data is in an easy to understand, predictable format across all departments. Citizens have more fun playing around with the website and engaging with the charts and graphs, versus reading a 400 page PDF of the budget like a book. Page 35 of 223 FISCAL IMPACT: Fiscal impact for FY2023 is $27,050.83 which is a prorated amount. A one-time charge and annual subscription fee of $73,645 for FY2024. After FY2024, the City has the option of renewing for one year at the cost of $60,772. Each year is renewable with a 3% increase. This is only a net increase of $10,000 because it is replacing the current budget tool software. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the purchase of ClearGov Budgeting software. SAMPLE MOTION: Motion to approve the purchase of ClearGov Budgeting software for the amount of $27,050.83. ATTACHMENTS: 1. CG Grand Island NE - Service Order 2. ClearGov Grand Island NE - Proposal 3. Resolution Page 36 of 223 Service Order 2 Mill & Main; Suite 630; Maynard, MA 01754 Created by Sarah Sears Order Date Apr 12, 2023 Contact Phone 913-707-0020 Order valid if signed by Apr 14, 2023Contact Email ssears@cleargov.com Customer Information Customer Grand Island, NE Contact Patrick Brown Billing Contact Alicia Jonak Address 100 East First Street Title Finance Director Title Accountant City, St, Zip Grand Island, NE 68801 Email patrickb@grand-island.com Email AliciaJ@grand-island.com Phone 308.385.5444 PO # (If any) This Service Order will be contracted through... Procurement Aggregator ClearGov Contract Buyboard Buyboard Proposal No. #692-23 The Services you will receive and the Fees for those Services are... Set up Services Tier/Rate Service Fees ClearGov Setup: Includes activation, onboarding and training for ClearGov solutions Tier 4 ($ 22,500.00) ClearGov Setup Bundle Discount: Discount for bundled solutions Tier 4 ($ (7,875.00) Total ClearGov Setup Service Fee - Billed ONE-TIME ($ 14,625.00) Subscription Services Tier Service Fees ClearGov Operational Budgeting - Civic Edition Tier 4 ($ 24,000.00) ClearGov Personnel Budgeting - Civic Edition Tier 4 ($ 21,800.00) ClearGov Capital Budgeting - Civic Edition Tier 4 ($ 17,300.00) ClearGov Digital Budget Book - Civic Edition Tier 4 ($ 14,400.00) ClearGov Transparency - Civic Edition Tier 4 ($ 13,300.00) ClearGov Budget Cycle Management Bundle Discount: Discount for bundled solutions Tier 4 ($ (31,780.00) Total ClearGov Subscription Service Fee - Billed ANNUALLY IN ADVANCE ($ 59,020.00) ClearGov will provide your Services according to this schedule... Period Start Date End Date Description Setup Apr 17, 2023 Apr 17, 2023 ClearGov Setup Services Pro-Rata Apr 17, 2023 Sep 30, 2023 ClearGov Subscription Services Initial Oct 1, 2023 Sep 30, 2028 ClearGov Subscription Services To be clear, you will be billed as follows... Billing Date(s)Amount(s)Notes Apr 17, 2023 ($27,050.83) 5.5 Month Pro-Rata Subscription Fee Oct 1, 2023 ($14,625.00) One Time Setup Fee Oct 1, 2023 ($59,020.00) Annual Subscription Fee Additional subscription years and/or renewals will be billed annually in accordance with pricing and terms set forth herein. Billing Terms and Conditions Page 37 of 223 Valid Until Apr 14, 2023 Pricing set forth herein is valid only if ClearGov Service Order is executed on or before this date. Payment Net 30 All invoices are due Net 30 days from the date of invoice. Initial Period Rate Increase 3% per annum During the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. Rate Increase 4% per annum After the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. General Terms & Conditions Cancellation Option This ClearGov Service Order is subject to the approval of the Grand Island City Council (the "Board") as set forth herein. In the event that the Board does not approve this Service Order at its April 2023 meeting, Customer shall have the option to terminate this Service Order immediately by providing written notice. In the event that Customer exercises this option, Customer shall have no payment obligation under this Service Order. Appropriations ClearGov acknowledges that this Service Order is subject to ongoing appropriations by Customer's applicable appropriating body and/or board of directors. Customer Satisfaction Guarantee During the first thirty (30) days of the Service, Customer shall have the option to terminate the Service, by providing written notice. In the event that Customer exercises this customer satisfaction guarantee option, such termination shall become effective immediately and Customer shall be eligible for a full refund of the applicable Service Fees. Statement of Work ClearGov and Customer mutually agree to the ClearGov Service activation and onboarding process set forth in the attached Statement of Work. Taxes The Service Fees and Billing amounts set forth above in this ClearGov Service Order DO NOT include applicable taxes. In accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, ClearGov shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to ClearGov demonstrating Customer's exemption from such taxes. Term & Termination Subject to the termination rights and obligations set forth in the ClearGov Service Agreement, this ClearGov Service Order commences upon the Order Date set forth herein and shall continue until the completion of the Service Period(s) for the Service(s) set forth herein. Each Service shall commence upon the Start Date set forth herein and shall continue until the completion of the applicable Service Period. To be clear, Customer shall have the option to Terminate this Service Order on an annual basis by providing notice at least sixty (60) days prior to the end of the then current Annual Term. Auto-Renewal After the Initial Period, the Service Period for any ClearGov Annual Subscription Services shall automatically renew for successive annual periods (each an "Annual Term”), unless either Party provides written notice of its desire not to renew at least sixty (60) days prior to the end of the then current Annual Term. Agreement This ClearGov Service Order shall become binding upon execution by both Parties. The signature herein affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this ClearGov Service Order and also acknowledges that you have read and agree to the terms and conditions set forth in the ClearGov BCM Service Agreement found at the following URL: http://www.ClearGov.com/terms-and-conditions. This Service Order incorporates by reference the terms of such ClearGov BCM Service Agreement. Customer ClearGov, Inc. Signature Signature Name Patrick Brown Name Bryan A. Burdick Title Finance Director Title President Please e-mail signed Service Order to Orders@ClearGov.com or Fax to (774) 759-3045 Customer Upgrades (ClearGov internal use only) This Service Order is a Customer Upgrade No If Yes: Original Service Order Date Page 38 of 223 Statement of Work This Statement of Work outlines the roles and responsibilities by both ClearGov and Customer required for the activation and onboarding of the ClearGov Service. ClearGov will begin this onboarding process upon execution of this Service Order. All onboarding services and communications will be provided through remote methods - email, phone, and web conferencing. ClearGov Responsibilities - ClearGov will activate ClearGov Service subscription(s) as of the applicable Start Date(s). ClearGov will create the initial Admin User account, and the Customer Admin User will be responsible for creating additional User accounts. - ClearGov will assign an Implementation Manager (IM) responsible for managing the activation and onboarding process. ClearGov IM will coordinate with other ClearGov resources, as necessary. - ClearGov IM will provide a Kickoff Call scheduling link to the Customer’s Primary Contact. Customer should schedule Kickoff Call within two weeks after the Service Order has been executed. - If Customer is subscribing to any products that require data onboaording: - ClearGov IM will provide a Data Discovery Call scheduling link to the Customer’s Primary Contact. Customer should schedule Data Discovery Call based on the availability of Customer’s staff. - ClearGov will provide Customer with financial data requirements and instructions, based on the ClearGov Service subscription(s). - ClearGov will review financial data files and confirm that data is complete, or request additional information, if necessary. Once complete financial data files have been received, ClearGov will format the data, upload it to the ClearGov platform and complete an initial mapping of the data. - After initial mapping, ClearGov will schedule a Data Review call with a ClearGov Data Onboarding Consultant (DOC), who will present how the data was mapped, ask for feedback, and address open questions. Depending upon Customer feedback and the complexity of data mapping requests, there may be additional follow-up calls or emails required to complete the data onboarding process. - ClearGov will inform Customer of all training, learning, and support options. ClearGov recommends all Users attend ClearGov Academy training sessions and/or read Support Center articles before using the ClearGov Service to ensure a quick ramp and success. As needed, ClearGov will design and deliver customized remote training and configuration workshops for Admins and one for End Users - via video conference - and these sessions will be recorded for future reference. - ClearGov will make commercially reasonable efforts to complete the onboarding/activation process in a timely fashion, provided Customer submits financial data files and responds to review and approval requests by ClearGov in a similarly timely fashion. Any delay by Customer in meeting these deliverable requirements may result in a delayed data onboarding process. Any such delay shall not affect or change the Service Period(s) as set forth in the applicable Service Order. Customer Responsibilities - Customer's Primary Contact will coordinate the necessary personnel to attend the Kickoff and Data Discovery Calls within two weeks after the Service Order has been executed. If Customer needs to change the date/time of either of these calls, the Primary Contact will notify the ClearGov IM at least one business day in advance. - If Customer is subscribing to any products that require data onboaording: - Customer will provide a complete set of requested financial data files (revenue, expense, chart of accounts, etc.) to ClearGov in accordance with the requirements provided by ClearGov. - Customer's Primary Contact will coordinate the necessary personnel to attend the Data Discovery and Data Review calls. It is recommended that all stakeholders with input on how data should be mapped should attend. Based on these calls and any subsequent internal review, Customer shall provide a detailed list of data mapping requirements and requested changes to data mapping drafts in a timely manner, and Customer will approve the final data mapping, once completed to Customer’s satisfaction. - Customer will complete recommended on-demand training modules in advance of customized training & configuration workshops. - Customer shall be solely responsible for importing and/or inputting applicable text narrative, custom graphics, performance metrics, capital requests, personnel data, and other such information for capital budget, personnel budget, budget books, projects, dashboards, etc. Page 39 of 223 DocumentHistory SignNowE-SignatureAuditLog AlldatesexpressedinMM/DD/YYYY(US) Documentname:CG&GrandIslandNE-BCMServiceOrder-Client2(PR)(1) Documentcreated:04/13/202313:38:04 Documentpages:3 DocumentID:5f3cd1531b094ea189e38f458aad0950b2b81d61 DocumentSent:04/13/202313:39:15UTC DocumentStatus:Signed 04/13/202315:36:03UTC Sender:ssears@cleargov.com Signers:patrickb@grand-island.com,bburdick@cleargov.com CC:serviceorders@cleargov.com Client Event By ServerTime ClientTime IPAddress SignNowWebApplication UploadedtheDocument ssears@cleargov.com 04/13/202313:38:04pmUTC 04/13/202313:38:01pmUTC 209.33.221.139 SignNowWebApplication ViewedtheDocument ssears@cleargov.com 04/13/202313:38:08pmUTC 04/13/202313:38:06pmUTC 209.33.221.139 SignNowWebApplication DocumentSaved ssears@cleargov.com 04/13/202313:38:57pmUTC 04/13/202313:38:55pmUTC 209.33.221.139 SignNowWebApplication InviteSentto: patrickb@grand-island.com ssears@cleargov.com 04/13/202313:39:15pmUTC 04/13/202313:39:12pmUTC 209.33.221.139 SignNowWebApplication ViewedtheDocument patrickb@grand-island.com 04/13/202314:46:35pmUTC 04/13/202314:46:35pmUTC 192.81.49.2 SignNowWebApplication DocumentDownloaded patrickb@grand-island.com 04/13/202314:46:51pmUTC 04/13/202314:46:49pmUTC 192.81.49.2 SignNowWebApplication InviteSentto: bburdick@cleargov.com ssears@cleargov.com 04/13/202315:36:03pmUTC 192.81.49.2 SignNowWebApplication SignedtheDocument patrickb@grand-island.com 04/13/202315:36:03pmUTC 04/13/202315:36:03pmUTC 192.81.49.2 SignNowWebApplication DocumentSaved patrickb@grand-island.com 04/13/202315:36:03pmUTC 04/13/202315:36:03pmUTC 192.81.49.2 SignNowWebApplication ViewedtheDocument bburdick@cleargov.com 04/13/202315:52:51pmUTC 04/13/202315:52:51pmUTC 98.110.245.140 SignNowWebApplication SignedtheDocument bburdick@cleargov.com 04/13/202316:30:22pmUTC 04/13/202316:30:22pmUTC 98.110.245.140 SignNowWebApplication DocumentSaved bburdick@cleargov.com 04/13/202316:30:22pmUTC 04/13/202316:30:22pmUTC 98.110.245.140 Page 40 of 223 PREPARED ON 04/12/2023 PREPARED FOR Patrick Brown Finance Director City of Grand Island PREPARED BY Sarah Sears ClearGov,Inc. ssears@cleargov.com 913-707-0020 ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 1 of 41Page 41 of 223 OUR MISSION We Create Easy-to-Use Software to Help Governments Budget Better ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 2 of 41Page 42 of 223 04/12/2023 Patrick Brown Finance Director City of Grand Island 100 East First Street Grand Island,NE 68801 Dear Pat, Per our discussions,I am pleased to provide you and your team at Grand Island with the attached software proposal for your consideration Our mission at ClearGov is to create easy-to-use,modern software to help governments budget better. We make it easy for governments like yours to operate more efficiently and communicate more effectively.Our solutions are easy to afford,implement,and use.They don't cause a lot of upheaval,and they don't force you to reinvent the wheel.ClearGov solutions are designed to be just right for local governments like Grand Island. We fully appreciate the demands on your time,so I’d like to thank you in advance for the time that you and your team will spend reviewing this proposal.If you have any questions or need additional information of any kind,please do not hesitate to ask. I am confident that you and your team will be impressed by the ClearGov solutions and even more impressed by how hard we will work to make you happy. We look forward to working with you. Sincerely yours, Sarah Sears ClearGov,Inc. ssears@cleargov.com 913-707-0020 ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 3 of 41Page 43 of 223 EXECUTIVE SUMMARY 4 BUDGET CYCLE MANAGEMENT OVERVIEW 6 PRODUCT SCOPE 22 IMPLEMENTATION PLAN 25 TRAINING &SUPPORT 32 TECHNICAL &SECURITY OVERVIEW 34 FAQs 36 ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 4 of 41Page 44 of 223 EXECUTIVE SUMMARY Mission ClearGov’s mission is to create easy-to-use,modern software that helps local governments budget better.We believe that every local government should have the opportunity to leverage technology to operate more efficiently and communicate more effectively.We pursue this mission by carefully designing solutions that are clear,collaborative,compelling and cost-effective to fuel better budgeting and drive community support. Solutions Overview Based on our conversations with Grand Island and our understanding of your key needs and objectives, we are proposing the following ClearGov solutions: ClearGov Operational Budgeting ●A robust,yet simple-to-use budgeting solution that is specifically tailored to the needs of local governments to streamline the budgeting process. ●Enables finance teams to easily collaborate in real time ●Eliminates spreadsheet errors ●Provides visual dashboards for all funds summary and budget to actuals ●Enables end-of-year projections and fund balance analytics ClearGov Personnel Budgeting ●A filterable personnel dashboard provides a birds-eye view of your headcount budget and enables you to visually compare unlimited personnel budgeting scenarios ●Automated workflows streamline position and reclassification requests ●Create salary and benefits plans for up to 20 years ●Analyze the effects of salary/benefit adjustments for more informed union negotiations ●Create and export custom reports to share your personnel budget internally and externally ClearGov Capital Budgeting ●Utilize built-in templates to easily create customized capital request forms ●Automated workflows collect,organize and present capital requests in an intuitive dashboard with the ability to filter by department,funding source,request type and more ●Leverage capital request template forms and create custom forms ●Create unlimited multi-year scenario plans to optimize capital utilization ●Score and rank capital requests based on custom criteria to prioritize requests ClearGov Digital Budget Book ●The easiest and fastest way to build an award-winning budget book ●Automatically generates a professionally formatted template that’s pre-populated with your financials,capital request data,charts,and more ●Let’s you and your team work collaboratively to fill in the details ●Built to GFOA guidelines,optimized to ADA standards and designed to be mobile-friendly ClearGov Transparency ●Transforms complex government financials into easy-to-understand infographics ●Publishes fiscal information in a uniquely compelling way that drives understanding and support throughout your community ●Includes simple but powerful tools that enable you to offer residents a window into capital projects and department performance ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 5 of 41Page 45 of 223 Implementation Plan You will be assigned an Implementation Manager (IM),who will develop a plan to get your team up and running that is based on your specific goals and timeline.The ClearGov Onboarding Process will have a big impact on your overall success with our platform,and as such,it is a team effort between you and ClearGov that includes three key components: General Ledger Data Mapping ●A ClearGov Data Onboarding Consultant will format,upload and map your financial data (i.e. revenue and expense data).Your role is to provide us with a complete set of data files as well as guidance on how you would like to view the data,and to review and provide feedback along the way.This is the most important onboarding step as it enables the full use of the budgeting applications. Training ●Our products are designed to be intuitive and easy to use,but ClearGov provides a robust set of self-directed training resources,as well as custom workshops to share best practices and help you get the most from our solutions. Configuration ●Once trained,you can easily configure the ClearGov platform to meet your specific needs -for example -by customizing capital request forms;creating wage schedules;selecting the panels to include in your Transparency Center;etc. Timeframe ●We have learned that different customers have different priorities,so the onboarding process usually takes between 60 -90 days.If you have a specific deadline,please let me or your Implementation Manager know,and we’ll get back to you quickly to let you know if it’s possible, as well as what needs to happen -by when -to achieve that deadline. Conclusion In the pages that follow,we’ll explain how and why ClearGov solutions not only offer the best value for Grand Island,but also make your day-to-day operations more efficient,productive,and impactful. ClearGov is committed to helping local governments like yours “make democracy work better”.And while that may sound lofty,“democracy”is simply what you do every day.We just want to help you do it in a modern,data-driven way —a way that makes your job easier,lightens your load,showcases all the good work that you do,and ultimately helps you better serve your community. ClearGov already works with hundreds of local governments across the country,and we’d be delighted to welcome Grand Island into the fold.If you have questions or concerns as you review this proposal, please do not hesitate to reach out.Thank you for your consideration. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 6 of 41Page 46 of 223 BUDGET CYCLE MANAGEMENT OVERVIEW We know that you’re working hard to make your government run better,and you know that technology can help you get it done.Unfortunately,most of the gov-tech software on the market right now is designed for sprawling megacities or state and federal government —not local agencies like yours.So, these platforms are often complicated,expensive,and loaded with bells and whistles that you’ll never use.You don’t need a chainsaw to carve a turkey.You simply need the right tool for the job. ClearGov is built from the ground up specifically for local governments.It does everything you need it to do.It’s just-right software for agencies that are looking to take that critical next step toward modernizing their budget process.Therefore,all ClearGov solutions are: CLEAR AND EASY TO USE At ClearGov,everything we do is designed to make complex government data easy to understand and easy to use,internally and by the public at large.We present data in readily-understood infographic form,and offer an interface for our internal tools that’s easy for every staff member to learn and use. CLOUD-BASED Web-based software requires no installation,no maintenance and is always up-to-date.Plus,it gives local governments the ability to quickly adjust to evolving input and changing dynamics.We host our software and our data with Amazon Web Services,which ensures data security and world-class software performance. CONNECTED All ClearGov solutions share a common data set and work together seamlessly.Plus, when you’re ready to implement,we do all the heavy lifting for you.To get started, all you have to do is send us an Excel file with your financial data,and we’ll onboard it for you. COLLABORATIVE ClearGov solutions are designed to improve collaboration and efficiency by automating processes and outcomes.Streamlining the collaborative process is vital to prevent key items from falling through the cracks.Centralization and remote access to documents,systems and processes is mission-critical. COST EFFECTIVE ClearGov is built and priced for local governments and school districts.Our packages are all-inclusive,so you’ll never be charged extra for per-seat licenses, never be surprised with hidden fees,and never pay for support or product updates...never. Our goal is to delight our customers with unbeatable value in everything we do. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 7 of 41Page 47 of 223 Budget Better Together ClearGov Operational Budgeting is a suite of flexible,cloud-based budgeting,forecasting and fund balance modules designed to leverage your existing financial data into a more efficient and collaborative budget building process that streamlines communication with department heads and other budget stakeholders. It is a one-stop shop to dynamically forecast what-if scenarios,build a budget and communicate budgeting rationale.Designed specifically for local governments and school districts,ClearGov Operational Budgeting is a giant step forward from building your budgets and forecasts with Excel or the legacy accounting system budgeting tools. Watch a 5 minute micro-demo here ✔Budget Dashboard ✔Departmental Collaboration ✔All Funds Summary ✔End of Year Projections ✔Automated Audit Trail ✔Integrated Report Builder ✔Budget to Actuals Charts ✔Fund Balance Metrics ✔Unlimited Budgets ✔Multi-Year Forecasting,and more... ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 8 of 41Page 48 of 223 Budget Builder ClearGov’s Budget Builder helps your staff budget better,together.Using a single,shared online workspace,financial executives,committee members, and department heads can collaborate on building a budget using an efficient tool that’s been designed specifically to meet the budgeting needs of local governments. ●Choose your baseline:Base your budget on last year’s data,on a simple-to-generate budget forecast (see below)or use zero-based budgeting. ●Collaborate effectively:ClearGov Budgets makes it easy to manage,merge,track and review budget requests and changes as a team,every step of the way. ●Create unlimited budgets:Create multiple budgets every year across different funds or for the same fund.You can even build out what-if scenarios. ●Add notes and supporting material:Comments and supporting documents are easily attached directly to line items so they are readily available for reference. ●Keep a thorough audit trail:Automatically track every change,comment,and version so you always know who changed what and when. ●Build custom reports with a click:Easily create and export custom reports to share your operational budget with internal and external stakeholders and existing systems. ●Operational Budget Dashboard:Quickly see and share the status of your budget-building process.Filter on current and historical financial data.Automatically aggregate all budget requests in one place. All Funds Summary With ClearGov’s automated All Funds Summary dashboard,you can easily review your holistic budget.No more switching between spreadsheet tabs or scrolling screen by screen to get the full picture. ●Automated Summary:View your budget across all funds via an interactive,visual dashboard. ●Toggle Your Views:Filter and sort functionality is built-in.You can toggle your view by fund, department or object. ●All Funds Summary Export:Online collaborators will have access to the All Funds Dashboard, and with one click,you can export a full report to Excel,CSV or PDF. . ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 9 of 41Page 49 of 223 End of Year Projections As your fiscal year progresses or as the fiscal year-end approaches,your collaborators can submit end-of-year projections.ClearGov automatically updates your projected fund balances to help you make more informed decisions for next year’s budget. ●EOY Collection:Seamlessly include an “End-of-Year Projection”column in your budget workspace.Default to previous year’s numbers or zero-balance. ●Fund Balance Analysis:Utilize interactive charts to give your finance team new perspectives and insights on your projected Fund Balances. ●Pin Your Chart:Your collaborators can pin their fund balance chart to their workspace to see live updates as they work through their budget requests entry. Why does Grand Island need this? ●Improve accuracy:Nearly 9 out of 10 spreadsheets contain errors.Finding those mistakes and fixing them can be frustrating and wastes precious time.But ClearGov is cloud-based,so everybody works on the same error-free master file vs.a multiple spreadsheet monster that has to be managed and merged manually. ●Collaborate more effectively:ClearGov allows everyone involved to work from the same platform,share comments and suggestions,and immediately see the impact across the organization —in real time —as budget development unfolds. ●Free up time and resources:Preparing the annual budget consumes a big chunk of your time, but it's not the only thing you do.Modernizing your budgeting process will free up your time and talent to focus on other critical projects as well. ●Make better budgeting decisions:ClearGov’s dynamic,graphical interface helps you clearly visualize historical trends —at a glance —so you can readily identify areas that are consistently under or over budget and make adjustments accordingly. ●Plan for the long term:Access to an AI-driven forecasting tool enables you to better assess how budget decisions made today will impact revenues and expenditures down the road.Create multiple forecasts to better plan for “best case”or “worst case”scenarios. ●Identify areas of potential overspend/prevent waste:With instant,easy access to benchmarking data,you can uncover areas for savings quickly and adjust your budget accordingly. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 10 of 41Page 50 of 223 Modern Personnel Planning Chances are that people represent the biggest chunk of your annual budget,and it’s also the most complicated.ClearGov’s Personnel Budgeting solution enables you to throw away those massive spreadsheets that you’ve been managing by hand and streamlines the entire personnel planning and forecasting process in a single,cloud-based, collaborative solution. Complete with powerful tools to manage position requests,inform union negotiations and much more,ClearGov’s Personnel Budgeting application is a unique software platform built specifically to help finance directors more easily budget for salaries, benefits and other personnel costs. Watch a 5 minute micro-demo here ✔Personnel Dashboard ✔Union Negotiation Planning ✔Position Request Manager ✔Multi-year Position Budgeting ✔Vacancy Planning ✔Integrated Report Builder ✔Unlimited Scenario Planning ✔And more... ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 11 of 41Page 51 of 223 Personnel Request Manager The ClearGov Personnel Budgeting solution enables you to quickly and easily setup and organize your personnel data,collective bargaining rules,open positions and more.Automated workflow tools enable you to capture position requests in a digital format and automatically incorporate these changes into your personnel planning model. ●Position Management:Easily import all people, positions and units from your accounting system and set up rules for steps,lanes,benefits,overtime and more. ●Digital Request Forms:Stop using paper or Excel request forms.Enable department heads to submit new position requests using digital request forms,and all data is automatically captured within your personnel plan. ●Request Manager:Manage all new position requests from one table.Easily see the details of each request,add comments for the requester,and take other actions on the request.Requests can be included in scenarios to see the impact of new positions as you build your personnel budget. Personnel Planning ClearGov Personnel Budgeting provides a powerful yet intuitive set of tools to review,plan,compare and communicate multiple personnel plan scenarios to help you make smart decisions about your team and your budget.Compare and contrast single year or multi-year budgets.Easily alter any of your key assumptions to examine unlimited what-if scenarios. ●Data and Rules Manager:Intuitive tools enable you to set up and manage key assumptions and rules by position or by CBA unit. ●Scenario Planning:Seamlessly create unlimited, personnel budget scenarios based on applicable rules and assumptions by unit,by position or by individual. ●Union Negotiations:Analyze the effects of adjustments to salaries and benefits for more informed negotiations. ●Vacancy Planning:Get a complete picture of your current and future workforce budget;create and fill vacant positions on specified dates. ●Multi-Year Planning:Automatically create salary and benefit plans for up to 20 years in the future. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 12 of 41Page 52 of 223 Personnel Dashboard ClearGov Personnel Budgeting rolls up all of your critical information into an easy-to-read,graphical dashboard to help you immediately see the impact of key decisions and share these insights with the rest of your team in a common cloud-based environment. ●Robust Filtering:Immediately see the impact on your headcount plans from multiple angles.Filter your personnel dashboard by department,job type, position,unit,and more. ●Report Builder:Create and export custom reports to share your workforce budget with internal and external stakeholders and existing systems. Why does Grand Island need this? ●Scrap the Spreadsheets:Get rid of those massive personnel planning spreadsheets and stop sorting through emails to find the right update.Best of all,eliminate those tedious spreadsheet errors that take hours and hours of precious time to find and fix.ClearGov is cloud-based,so everybody works on the same error-free master file vs.a multiple spreadsheet monster. ●Accurate forecasts:More accurately forecast personnel expenses,including salaries,benefits and other ancillary compensation such as overtime to help you make better,fact-based decisions today. ●Critical insights:Leverage scenario planning to understand the true impact of key labor contract negotiations,plan for vacancies,furloughs and more. ●Save time and effort:Manage new position and reclassification requests more efficiently and incorporate those changes directly into your planning. ●Streamline Budget Reviews:Share your dashboard and key reports with internal and external stakeholders for review,feedback and approval.With all of the relevant information in one place,your budget review meetings will be a snap. ●Synchronized budgeting:ClearGov’s Personnel Budgeting also syncs directly with ClearGov Operational Budgeting to further streamline your overall annual budgeting process. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 13 of 41Page 53 of 223 Smart Capital Planning Capital planning doesn’t have to be complicated and it definitely doesn’t need to be manual.It’s time to get rid of those hard copy capital request forms and move your entire capital planning process into the digital age. ClearGov Capital Budgeting is the first cloud-based capital improvement planning (CIP)solution specifically designed for local governments that streamlines requests,provides a multi-year scenario optimization process,and generates website-based pages automatically for each capital improvement. Watch a 7 minute micro-demo here ✔Capital Budgeting Dashboard ✔Unlimited Contributors ✔Capital Request Manager ✔Project Request Templates ✔Request Scoring &Ranking ✔Integrated Report Builder ✔Unlimited Scenario Planning ✔And more… ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 14 of 41Page 54 of 223 Capital Requests The Capital Request function is a dashboard-driven tool that automates and optimizes the process of collecting, organizing,and reporting capital requests across all departments and automatically populates your capital plan.Think of it as a modern,digital-first solution to an age-old,paper problem. ●Digitize your requests:Save some trees with a simple online form that captures and submits requests electronically. ●Customize your form(s):Easily customize the default templates with a few simple clicks to precisely fit your needs and preferences.Create as many different form types as you need. ●Automate your workflow:Initiate,collect,track,and manage all your requests online,even set triggered reminders for department heads. ●Digital audit trail:Your department heads can easily attach pictures,PDFs,and other supplemental materials to their digital request form.These materials travel with the request,so they’re always just a click away. ●View capital requests at a glance:Report and review requests by department,funding source, fiscal year,and more —all from an intuitive dashboard. Scenario Planning All capital request data is automatically integrated into the Scenarios functionality.Powerful but simple tools enable you to easily and visually identify how your expected funding matches up against all of the requests. Scenarios makes it point-and-click easy to examine multiple scenarios to help you make insightful decisions about which projects you need and can afford to fund. ●Unlimited Scenarios:Easily create,analyze and compare multiple scenario plans to propose and optimize your capital budget -both near and long term. ●Scoring and Ranking:Assign priorities and ratings to each project based on how they directly impact your key strategic initiatives. ●Shift Funding Assumptions:Can’t afford to completely fund a project in one year...no problem. ClearGov Capital Budgeting enables you to spread funding assumptions across multiple years and explore multi-year what-if scenarios. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 15 of 41Page 55 of 223 Capital Budgeting Dashboard The Capital Budgeting dashboard centralizes everything you need to plan and present your budget and provide deeper insight into capital requests.Use filters to visualize the data from multiple angles while you review capital costs,funding sources,operational costs,cost savings and project revenue. ●Robust Filtering:Immediately see the impact of capital requests on your budget from multiple angles.Filter your dashboard by department, year,request type and more. ●Auto-generated graphs:View your capital budget data with auto-generated charts that can be downloaded instantly to be used in presentations or shared with stakeholders. ●Analyze Requests:Easily click on a request to drill down into the details to see pictures, attachments and a cost breakdown. Why does Grand Island need this? ●It’s so much more efficient:The sooner you automate out-dated manual processes,the more efficiently you can govern.Once you streamline the tedious task of organizing your capital requests,you’ll have more time and energy to invest in one of the most critical components of good governance —strategic planning. ●Eliminate the paper chase:Instead of chasing down paper requests and slogging through the data entry process,you can kick off each new request cycle with a click. ●Critical insights:Leverage scenario planning to understand the true impact of key capital projects in both the short term and over time. ●Shine a spotlight on community development:A good chunk of every tax dollar funds important CIPs in your community —things like new construction,improvements to infrastructure,and other key initiatives.Keep residents (and the press)informed about the issues they care about most. ●Synchronized budgeting:ClearGov’s Capital Budgeting syncs directly with ClearGov Operational Budgeting to further streamline your overall annual budgeting process.Capital Budgeting also syncs with and automatically generates a capital request summary with detail pages for each department/request for your ClearGov Digital Budget Book. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 16 of 41Page 56 of 223 Build an Award-Winning Budget Book in a Fraction of the Time The annual budget book is your government’s most important, public-facing policy document.You want it to be polished, professionally formatted,and accessible to as many residents and stakeholders as possible.And,ideally,you want it to be easy and efficient to produce on your end. ClearGov Digital Budget Book is the industry’s first website-based solution that automates most of the budget book creation process using templates and data-driven charts and tables.Meet GFOA award criteria and deliver new levels of clarity,engagement and understanding for your citizens. Watch a 5 minute micro-demo here ✔Automated Fund Summaries ✔Capital Improvements Inclusion ✔Department Specific Pages ✔Automatic Data Updates ✔Collaborate and Customize ✔Automated Workflows ✔Built-in GFOA Best Practices ✔And more… ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 17 of 41Page 57 of 223 Budget Book Builder The Budget Book Builder module helps you produce an interactive and engaging budget book in a fraction of the time it takes today.Instead of manually building your book in a clunky document editor,you build it collaboratively using simple web apps that streamline the steps from start to publish. ●Prepopulated and preformatted:Start with a core framework that includes all of your pre-loaded budget data with integrated,pre-built charts ●Smarter workflow:Collaborate and work faster to add your narrative with fewer headaches ●Highly customizable:Add images,choose chart colors,and select styles to reflect your civic brand. ●Better end product:Produce a polished piece that is ADA-Optimized and built from the ground up to meet GFOA best practices Capital Improvements Inclusion Utilize the free Capital Requests Module to automate and optimize the process of collecting,organizing and reporting capital requests across all departments.The Capital Requests Module also automatically populates your Digital Budget Book. ●Automate your workflow:Initiate,collect,track,and manage all your capital requests with simply online forms that can be easily customized to precisely fit your needs and preferences. ●Publish to your budget book:Automatically add annual and multi-year capital improvement plans directly into your digital budget book. Digital Budget Book Examples Check just a few of the outstanding Digital Budget Books created using the ClearGov solution: ●El Mirage,AZ Digital Budget Book ●Shawnee,KS Digital Budget Book ●Woodbridge,CT Digital Budget Book ●Yuma County,AZ Digital Budget Book ●Sussex County,DE Digital Budget Book ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 18 of 41Page 58 of 223 Automatic Data Updates Revenue and expense data are automatically updated throughout your Digital Budget book as the numbers change,eliminating errors and saving time -especially valuable for those inevitable last-minute tweaks. ●Embedded Data:Easily embed budget numbers into your narrative.Embedded numbers automatically update whenever your budget changes.No more searching through 300 pages. ●Smart Charts:All charts and graphs also update automatically,and they’re interactive to help provide a complete picture of your budget. ●Integrated Budget:Syncs directly with ClearGov Operational Budgeting or upload your budget data into an integrated,intuitive budget editor. Why does Grand Island need this? ●The short-cut you always wanted:One simple click generates a fully formatted framework that’s automatically populated with your financial data,along with pre-built charts,tables and graphs,and even some pre-written content.You simply fill in the blanks and customize the content as you see fit. ●Improve accuracy:The more spreadsheets you manage and papers you shuffle,the greater the margin of error.ClearGov’s digital-first approach is automated,templated,and paperless so you can stop manually collecting,merging,and managing all that input from dozens of department heads. ●You save time and aggravation:Recreating charts,tables,and graphs from spreadsheets every time a figure changes is not only tedious,it’s inefficient.With ClearGov,every time you change a number in your budget,all of the applicable charts,tables and graphs are updated automatically. ●Print on demand:Printing a budget book is expensive and often out of date before the ink dries.ClearGov enables you and your citizens to print specific sections or the entire budget book whenever you like -which saves both time and money. ●GFOA kudos:ClearGov’s Digital Budget Book is structured to meet GFOA best practice guidelines.In fact,there is a GFOA checklist built right in,so you can check off each Distinguished Budget Award Presentation requirement as you complete it. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 19 of 41Page 59 of 223 Tell Your Story Tell your financial story using our simple-to-navigate transparency center.Easy-to-understand infographics help you share financial information,departmental goals and results in a way that informs and engages your community. ClearGov Transparency is a suite of cloud-based solutions designed to remove the static from your communications efforts,so you can keep your community in the loop with the solid work you and your team are doing.With innovative,turnkey transparency profiles,project pages and department dashboards ClearGov Transparency helps you tell your story and show your work. Watch a 5 minute micro-demo here ✔Fiscal Transparency ✔Open Checkbook ✔Department Dashboards ✔Performance Metrics ✔Peer Comparison ✔Capital Project Pages ✔Custom Chart Builder ✔And more... ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 20 of 41Page 60 of 223 Financial Transparency Build community trust and support by publishing your financial data in an online profile that’s feature-rich,easy to use,and easy to understand.It’s an instant best-in-class transparency center that’s miles ahead of the usual complex spreadsheets and static PDFs. ●Easy-to-understand infographic format:Help citizens and other stakeholders easily visualize and interpret important metrics. ●Context features that make transparency meaningful:Add explanatory notes that tell the story behind the numbers.Allow users to compare data side-by-side with similar communities near you. ●Budget vs.actuals:Clearly show how funds are collected and allocated.Reveal trends by showing historical data as well. ●Open checkbook:If desired,you can provide searchable,check-level detail revealing line-item spend. Capital Project Communications Keep citizens in the loop with key data and updates about all of your key projects.Project Pages take only minutes to populate and allow you to share photos, timelines,funding sources,and more —all in one centralized location.If you’re also using ClearGov Capital Budgeting you can publish capital requests from department heads directly to project pages in just one click. ●Share project finances:Post your project’s budget,funding sources and track expenditures along the way. ●Share images:Bring your project’s story to life by posting photos and architectural renderings. ●Allow citizens to subscribe:Visitors to your Project Pages can subscribe to receive automatic email updates every time you make a change. ●Collect citizen feedback:Invite visitors to ask questions or post comments in a moderated forum that you control. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 21 of 41Page 61 of 223 Department Dashboards Tell your government’s whole story by publishing updates detailing department-level performance metrics. Showcase KPIs for any and all departments,from animal control to the zoning board. ClearGov Department Dashboards are extremely flexible and point-and-click easy to assemble.You can use Department Dashboards to display any metric you like. Plus,the ClearGov solution makes sure that your data is presented in a way that’s easy for your residents to interpret and understand. ●Customize:Display department-specific KPIs.Add the department head’s name,title,picture,and a brief intro letter. ●Create panels:Select the appropriate template for each section you want to display.If you like, add commentary or explanatory text. ●Add charts:Pull in existing graphics from the ClearGov Chart Builder App or easily create new ones specific to your dashboard. Why does Grand Island need this? ●Drive community support:By sharing critical facts and figures with citizens,you can foster a climate of trust and understanding that helps drive public support for key initiatives. ●Dispel public misconceptions:MIT research shows that false news travels faster,farther,and deeper than true news,particularly through social media.In the age of misinformation,readily accessible and easily understood facts are your best defense against public misconceptions. ●Reduce inquiries:Research by the Sunlight Foundation indicates that municipal transparency programs reduce citizen information requests by 30 percent.The more data you share with constituents now,and the clearer you make it,the fewer inquiries and record requests you’ll field on an ongoing basis. ●Promote value:Where else can the average citizen go to find out about police response times or annual fundraising efforts?Department Dashboards let every division tell its own unique story. ●Hold departments accountable:They say that what gets measured is what gets done. ClearGov dashboards are a simple and effective way to track department performance against goals and to promote a culture of performance and transparency agency-wide. ●Shine a spotlight on community development:A good chunk of every tax dollar funds important CIPs in your community —things like new construction,improvements to infrastructure,and other key initiatives.Keep residents (and the press)informed about the issues they care about most. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 22 of 41Page 62 of 223 PRODUCT SCOPE In the interest of transparency,we want to provide guidance around the scope of usage that is included with each ClearGov solution.The tables below do not provide a detailed list of every feature and/or function included in the product.These tables provide a summary of the key things that you can do with each solution once your account has been activated. ClearGov Operational Budgeting -Product Scope Once your data has been onboarded,ClearGov Operational Budgeting enables Grand Island team members to execute a variety of tasks,as outlined in the table below.ClearGov products are designed to be easy to use and intuitive,and with the training we provide,you should have all the expertise you need to fully leverage the platform. Service Description In Scope Create Forecasts:Auto generate one or more forecasts for each of your funds.Modify forecasts based on what-if scenarios adjust parameters as needed. Unlimited forecasts Create Budgets:Create one or more budgets for each of your applicable funds.Invite collaborators,iteratively build thebudgetandsharewithreviewers.Unlimited budgets Export Budgets to ERP:Export your final budget(s)from ClearGov in order to import directly into your accounting system /ERP.NOTE:Depending on your ERP,your export file may require formatting prior to import. Export Format:Excel;.CSV file ClearGov Personnel Budgeting -Product Scope Once you have uploaded your position and personnel data,ClearGov Personnel Budgeting enables Grand Island team members to execute a variety of tasks,as outlined in the table below.ClearGov products are designed to be easy to use and intuitive,and with the training we provide,you should have all the expertise you need to fully leverage the platform. Description In Scope Personnel Request Forms:Create forms for your contributors to submit personnel requests. Unlimited personnel request forms Personnel Data Import:Import personnel and position data into your personnel plan. Unlimited positions and personnel Personnel Scenario Planning:Input and adjust key rules and assumptions to create and analyze personnel budget scenarios.Unlimited scenario planning ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 23 of 41Page 63 of 223 ClearGov Capital Budgeting -Product Scope Once your subscription is activated,ClearGov Capital Budgeting enables Grand Island team members to execute a variety of tasks,as outlined in the table below.ClearGov products are designed to be easy to use and intuitive,and with the training we provide,you should have all the expertise you need to fully leverage the platform. Description In Scope Capital Request Forms:Create forms for your contributors to submit capital requests.Unlimited capital request forms Capital Request Imports:Import existing capital requests toyourcapitalplanand/or present in your budget book.Unlimited capital requests Capital Scenario Planning:Input and adjust capital funding assumptions to create and analyze capital budget scenarios.Unlimited scenario planning ClearGov Digital Budget Book -Product Scope Once your data has been onboarded,ClearGov Digital Budget Book enables Grand Island team members to execute a variety of tasks,as outlined in the table below.The ClearGov training programs and your CSM will provide advice and suggest best practices to help you optimize your own Digital Budget Book. Description In Scope Capital Request Forms:Using ClearGov’s free Capital RequestsModule,you can create forms for your contributors to submit capital requests to create a Capital Request summary for yourDigitalBudgetBook. Unlimited capital request forms Digital Budget Books:Create comprehensive digital budget books based on onboarded budget data and the narrative added by you. Unlimited Digital Budget Book versions Digital Budget Book Pages:Fill out templated sections of yourbudgetbookusingClearGov’s toolset and GFOA guidelines embedded in the product,and/or create new pages with yourowncontent,images,tables,etc.as needed. Unlimited pages Printed Budget Books:ClearGov’s Digital Budget Book solution includes print to .PDF functionality.It automatically creates .PDF documents of the full budget book or selected sections. Unlimited ClearGov Transparency -Product Scope Once your data has been onboarded,ClearGov Transparency enables Grand Island team members to execute a variety of tasks,as outlined in the table below.The ClearGov training programs and your Client Success Manager will provide advice and suggest best practices to help you optimize your ClearGov Transparency implementation. Description In Scope Project Pages:Create and publish website-based Project Pagestocommunicatecapitalprojectsandothercommunityprojects. Share project status,milestones,timeline,budget and other Unlimited Project Pages ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 24 of 41Page 64 of 223 updates with your constituents. Department Dashboards:Using ClearGov’s easy to learn and intuitive toolset,including custom charting,you can create Department Dashboards to communicate key performance metrics to your constituents. Unlimited Department Dashboards Transparency Profile Launch:Promote your transparency profile to residents through a press release,your website and socialmedia. ClearGov provides a release template and a customerbannerforyourWebsite. Data Updates:You may regularly update your financial data at your discretion by sending new files to ClearGov.For example,youmaypostcurrentFYbudgetandupdateperiodicallywithactual spending. You may provide monthly, quarterly (recommended)or annual updates for budget data. Open Checkbook data can be uploaded weekly. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 25 of 41Page 65 of 223 IMPLEMENTATION PLAN Overview The ClearGov onboarding process is designed to activate and set up your ClearGov solution.We have designed the process to be as straightforward as possible.Yes -there are some things you’ll have to do, but the effort is likely to be much less than other robust software implementations you have experienced in the past.With your specific goals and budget timeline in mind,your Implementation Manager will develop a plan and guide you through what needs to be done to get you and your team up and running.The Implementation Manager will work with you and ClearGov’s internal experts to achieve onboarding milestones. It is important to note that the onboarding process will have a big impact on your long-term success with ClearGov and as such,it is a partnership with both shared and individual responsibilities.Rest assured that your Implementation Manager will keep you informed about progress and next steps along the way.Our job is to help you maximize the benefits you receive by using the ClearGov platform. Roles &Responsibilities Effectively and efficiently completing the onboarding process requires a small group of people -from both ClearGov and Grand Island -with specific roles and responsibilities,as follows.NOTE:For some customers,one person may play multiple roles. Grand Island Team ●Executive Sponsor:Champions the implementation and rollout of ClearGov inside Grand Island.Removes roadblocks and acts as the escalation point if the onboarding process stalls. ●Primary Contact:Go-to person at Grand Island who is the main liaison with ClearGov’s Implementation Manager.Responsible for scheduling meetings and ensuring the right people from the organization attend. ●Data Exporter:The person responsible for exporting financial data from your ERP /Accounting System and providing Account ID structure information. ●Data Reviewer:The person responsible for reviewing and approving data maps and how your data displays within the ClearGov platform. ClearGov Team ●Implementation Manager (IM):Overall Project Manager for onboarding.Responsible for driving meetings as required and guiding you through the onboarding process.Ensures alignment with what needs to be done and who needs to do it. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 26 of 41Page 66 of 223 ●Data Onboarding Consultant (DOC):ClearGov’s DOC team is made up of former local government finance officials,so they have been in your shoes.Your DOC is responsible for uploading and categorizing your financial data.They will work closely with the Data Reviewer to complete data mapping. ●Training &Enablement Specialist:A ClearGov team member who is deeply familiar with ClearGov products and has developed on-demand educational material available in ClearGov’s Support Center.This person will lead training workshops as necessary for users. ●Client Success Manager (CSM):Once your onboarding process is complete,you will be introduced to your Client Success Manager,who is responsible for making sure you achieve your objectives and have ongoing success using the ClearGov platform. ●ClearGov Support Team (support@cleargov.com):Everyone on this team understands how ClearGov products work and can answer questions to help you complete a task.The ClearGov Support team is available for technical assistance for all ClearGov customers. ●ClearGov Data Team (data@cleargov.com):The ClearGov Data Team is responsible for adding new or updating existing data after the initial onboarding is complete.NOTE:Most members of our Data Team are former financial officials as well. Data Onboarding Timeline We have successfully onboarded hundreds of local governments,so we know that different organizations have different objectives and deadlines.Some of our customers want/need to implement as quickly as possible and make ClearGov their #1 priority.Other customers take a more relaxed approach and fit us in among other projects.As a result,the onboarding process typically stretches across 60 -90 days,which allows enough time for us to collaborate and complete the important tasks mentioned in the next section. Typical Onboarding Timeline IMPORTANT -Meeting Your Deadline:We are happy to work at whatever pace fits your needs,and we recognize that in certain circumstances,you may require an expedited onboarding process.If you have a specific deadline in mind,please inform your Account Executive or Implementation Manager as soon as possible.We will do our best to meet your deadline (we don’t miss many of them),and we’ll let you know exactly what we need from you -and when -in order to hit your objective. Data Onboarding Phases &Tasks The onboarding process has six phases,as outlined below.Some of these phases overlap and can occur concurrently to reduce the duration of onboarding.Furthermore,once your product subscriptions are activated you are able to use the product(s)immediately to complete various setup &customization tasks while the financial data you provided to ClearGov is being uploaded and mapped. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 27 of 41Page 67 of 223 Phase 1:Discover The Discover phase is the initial period when you and ClearGov develop a shared understanding of your goals,specific data requirements &structure,budget cycle timeline,and onboarding plan.Depending upon schedules and availability,the Discover phase -in conjunction with the Prepare phase -usually lasts 2 to 4 weeks,starting when you sign the ClearGov service order and your Account Executive connects you with your Implementation Manager.The Implementation Manager is the person who is responsible for overseeing the onboarding process and ensuring both you and the ClearGov team are on track to meet key milestones. The key objectives during the Discover phase include: ●Share Goals:During the Kickoff call,your Implementation Manager will review and verify the goals you discussed with the Account Executive during the sales process. ●Confirm Key Milestones &Dates:This information will be used as input to the onboarding project plan and to ensure that everyone has common expectations. ●Define Launch Requirements:The Implementation Manager will guide you through exactly what needs to be completed prior to launching ClearGov applications with your organization. Task Responsibility Notes Product subscription activation ClearGov ClearGov will activate your subscription in accordance with the Service Start Date listed in your Service Order.ClearGov will create your initial Client Admin user,who can then access the platform and add additional (unlimited)users as necessary. Kickoff &Data Discovery calls ClearGov & Client The Implementation Manager will schedule two separate 30 -60 minute Zoom sessions with your team. The first call is to discuss key objectives and the timeline foronboarding.The Client's Primary Contact should attend this meeting and anyone else who would like to beinvolved. The second is with a ClearGov Data Onboarding consultant to understand your financial data and collect informationforcategorizingthatdata.The Client’s Primary Contact, Data Exporter,and Data Reviewer should attend thismeeting. Complete Implementation Worksheet ClearGov & Client The Implementation Manager will share a worksheet with a few questions to help us better understand your specific needs and timeline. Assemble teams andresources ClearGov &Client Identify and assemble the necessary individuals -on bothteams-to participate in onboarding. Create a detailed project plan with timeline ClearGov The Implementation Manager will develop the timeline and project plans and will review these with the Primary Contact. Phase 2:Prepare The Prepare phase focuses mainly on helping ClearGov understand how you categorize your financial data and what changes may be necessary in order to display data the way you prefer within the ClearGov platform.During the Prepare phase,we will ask you to export financial data from your ERP or accounting system and provide information on your account code structure. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 28 of 41Page 68 of 223 Task Responsibility Notes Data Onboardinglearningpath Client We will share material to help you understand the ClearGovdataonboardingrequirements,as well as how certain choices will affect how your data is displayed within ourproducts. Scope data implementation ClearGov We will ask you to verify how many years of historical data you wish to include in the platform along with which budget and actual versions you want to onboard. Export FinancialData Client We will ask you to export financial data from your ERP /accounting system,and we will provide data format requirements. Provide mapping information Client We will ask you to provide guidance about how to categorize line items based on the structure of your Account IDs,i.e.help us understand your Account ID segment codes. Review and clarifydata ClearGov ClearGov will review the data files and information youprovideandwillletyouknowifwehaveclarifying questions. Phase 3:Map &Review Formatting,uploading,and mapping your financial (i.e.general ledger revenue and expense)data is the most important step of the onboarding process because that data is what enables the full use of our budgeting applications.A ClearGov Data Onboarding Consultant will complete this work while relying on you to provide a complete set of data files and your input along the way.We will need you to attend a few calls,carefully review the mapping and provide timely feedback.It is our goal to make sure your financial data is presented through the ClearGov applications in the way you want. Task Responsibility Notes Upload and mapfinancialdata ClearGov We will format and upload your financial (revenue andexpense)data and map each line item into categories such as fund,department,revenue source,and objects Review initial mapping ClearGov & Client We will review your initial mapping with you in a Mapping Review call and develop a strategy for you to provide feedback. Provide feedback and iterate initialmapping ClearGov & Client If necessary,we will create a mapping feedback form for you to fill out and return to us.We will make mappingrevisionsbasedonyourfeedback. Review mapping in-product ClearGov & Client We will review how data flows into key product areas and how you can change how your data looks using product settings.If no initial mapping revisions are required,this process can happen in the initial Mapping Review call. Product-specific settings ClearGov & Client During the in-product review,we will discuss how specific product settings can impact the presentation of your data,e.g.Digital Budget Book best practices for creating department pages with a consistent look. Phase 4:Train &Configure Administrators can begin learning how to use ClearGov as well as configure non-financial application settings while data is being mapped.We have developed comprehensive courses that will provide you with step-by-step instructions on how to configure ClearGov.Your Implementation Manager will ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 29 of 41Page 69 of 223 recommend a custom learning path based on the products you have purchased.The specific tasks required in this phase are outlined in the table below. Task Responsibility Notes Administrators & editors begin their learning path and explore help resources ClearGov & Client Your Implementation Manager will recommend and enroll you in ClearGov Academy courses to help you meet your goals.Courses are broken down into a variety of product-specific educational elements (e.g.videos,articles, quizzes)for easy consumption.Login to ClearGov Academy and begin your learning path,and log in to ClearGov and explore our Support Center resources. Admin &EditorWorkshops ClearGov &Client Schedule and complete product workshops,as required.(See note below for additional details.)This is instructor-based training,so please come prepared withspecificworkflowquestions. Configure non-financial application settings Client Complete configurations in selected applications.Some examples: ●Select the pages you would like to include in your Transparency Center ●Customize Capital Budgeting Forms ●Create Wage Schedules in Personnel Budgeting, etc. Your Implementation Manager will provide a comprehensive list of configuration tasks you can complete while your financial data is being onboarded. Importnon-financial data Client Import non-financial data such as existing employeeinformationforPersonnelBudgetingandcapitalrequests for Capital Budgeting. Add users to the system Client In the User Management application,add all potential users to the system.Adding all users here makes it easy to select the appropriate people when it comes time to request budget input and review. ClearGov Workshops Overview ClearGov’s products are designed to be easy to use and our learning resources are robust.As a result, you may not need a Workshop for all products.If you want one,here are our guidelines: ●ClearGov will provide a 30-minute Workshop for each product in your subscription. ●ClearGov Workshops may be attended by both Administrators and Editors. ●ClearGov Workshops are designed to answer your specific questions about how to use ClearGov’s solutions to meet your specific needs.Therefore,it is highly recommended that you complete the ClearGov Academy courses prior to attending a ClearGov Workshop. ●All Workshops are recorded for your ongoing reference and team access. Phase 5:Promote &Educate ClearGov products are built to foster collaboration during the budget development process.So,we want to make sure your entire team knows how to get the most from our platform. Task Responsibility Notes Introduce ClearGovtocolleagues ClearGov &Client Your Implementation Manager will work with you tocustomizematerials(email messaging and supporting materials)to send to key stakeholders in your organization. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 30 of 41Page 70 of 223 Department Heads complete learningpaths Client Your Implementation Manager will recommend ClearGov Academy courses for your Department Heads and otherusersofClearGovbasedontheproductsincludedinyour subscription.Your Implementation Manager will alsorecommendotherresourcesavailablethroughourlearning center to ensure your Department Heads are set up forsuccesswithClearGov. Department Head Workshop ClearGov & Client Schedule and complete product workshops,as required. (See note above for additional details.)This is instructor-based training,so please come prepared with specific workflow questions. Phase 6:Wrap Up With your onboarding process complete,the Grand Island team will be well-prepared to build and communicate your budget.At this point,your Implementation Manager will introduce you to the ClearGov Team who will support you,including your Client Success Manager. Task Responsibility Notes Client SuccessManagerassigned ClearGov ClearGov will assign a dedicated Client Success Manager(CSM).Your CSM will become your primary point of contact to provide coaching,share best practices,and ensurecontinuedsuccesswithyourClearGovplatform. Post-Onboarding Review call ClearGov & Client Your Implementation Manager will coordinate a call with your new CSM and your Primary Contact to do a final review of any outstanding onboarding tasks as well as to gather your feedback to highlight if any part of the process could have been executed better. CommunicateSupport&Data Request process ClearGov Your Implementation Manager will provide instructions onhowtocontactourSupportTeamifyouhavequestionsor run into a technical issue. Your Implementation Manager will also provideinstructionsonhowtosubmitdatauploadsor modification requests to the Data Team. Data Requirements ClearGov’s Onboarding process is focused on getting your most complex data up and running on the ClearGov platform.In a nutshell,this means your financial (i.e.general ledger revenue and expense) data -both current and historical information.This data should be readily exportable from any accounting/ERP system.We have partnered with a few vendors to include an “Export to ClearGov” button in their solutions and for some others we can provide detailed export instructions.Your IM will let you know what is available based on the accounting/ERP system you use.Your IM will also provide you with a more detailed document explaining data requirements.The highlights are outlined below. Data Onboarding Requirements by Product Product Chart of Accounts Revenue &Expenditure Data Checkbook DetailActualBudgeted Operational Budgeting ✅✅✅N/A Personnel Budgeting ✅N/A N/A N/A Capital Budgeting ✅N/A N/A N/A ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 31 of 41Page 71 of 223 Digital Budget Book ✅✅✅N/A Transparency ✅✅✅✅ Data Onboarding Detail Actual Revenues &Expenditures ●The majority of clients sent us 4 to 6 years,however,there is no limit ●By providing more years,trend charts will be more robust ●Current FY budget data is used as the basis to create the next FY budget. Budgeted Revenue &Expenditures ●Current and upcoming ●Past years to display budget-to-actuals (optional) Check Level Detail (ClearGov Transparency Only,Optional) ●If you wish to use the Open Checkbook feature in ClearGov Transparency ●Your data must include check-level detail for the most recent fiscal year with as much historical data as you prefer Line Item Detail File(s) ●Line-item level revenue and expense data.Depending on which accounting system you use,all years may be exported in one file or there may be a file created for each year. ●Each line item should include full account number,account description,fund and dollar amount.We will also need to know the associated fiscal year and if the line item is tied to revenue or expense. ●Depending upon which accounting system you’re using,this is often referred to as the Trial Balance Report;Account Inquiry Report;or Budget-to-Actual Report. Account Number Key ●This is simply an explanation of your account number structure. ●An account number is made up of segments and for each segment we need to know its purpose (i.e.whether it refers to a fund,a department,an object,etc.). ●Most accounting systems enable you to run a report to generate this information.It’s often called a Segment Report or Chart of Accounts.If yours does not,just let us know.The ClearGov data team has successfully uploaded data for hundreds of clients and will work with you to determine the best options. How much data should we provide? In short,it depends on which product(s)you plan to use: ●Operational Budgeting:Should provide budgeted data for the current fiscal year and any historical budgeted/actual data you would like to be able to view/compare when you are building your next budget.NOTE:The Forecasting module uses historical data to build forecasts,so the more historical data you provide,the better your forecasts will be. ●Digital Budget Book:Should provide budgeted and actual data for any fiscal year that you wish to present in your digital budget,typically 3-5 years. ●Transparency:Provide any budgeted and actual data for fiscal years that you wish to present within your Transparency profile.Generally,we recommend presenting at least 4 years of data to be able to show trend analysis over time,but we can upload as many years as you provide. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 32 of 41Page 72 of 223 TRAINING &SUPPORT ClearGov solutions are designed to be intuitive and easy-to-use.With that said,ClearGov’s training materials and support channels are designed to ensure that you and your team can successfully launch,adopt and optimize the value you receive from the ClearGov platform.We will share how to accomplish tasks,key insights and best practices. Training For starters,we have developed comprehensive courses that provide you with step-by-step instructions on how to configure and use ClearGov.Your Implementation Manager will recommend and enroll you and your team in ClearGov Academy courses to help meet your goals.Courses are broken down into a variety of product-specific educational elements (e.g.videos,articles,quizzes)for easy consumption. If needed,instructor-based training is available in workshop format.ClearGov Workshops are designed to answer your specific questions about how to use ClearGov’s solutions to meet your specific needs. Therefore,it is highly recommended that you complete the ClearGov Academy courses prior to attending a ClearGov Workshop.ClearGov will provide a remotely-delivered,30-minute Workshop for each product in your subscription.ClearGov Workshops may be attended by both Administrators/Editors and Department Heads/Contributors.All Workshops are recorded for future reference and to train new hires. Support Center All ClearGov users have access to a frequently updated online Support Center filled with hundreds of how-to articles,video tutorials and information sheets.The ClearGov Support Center is easy to navigate and has a robust search engine to quickly find help on a specific topic. Client Success Manager When the onboarding process is complete,the Implementation Manager will introduce you to your Client Success Manager.Your Client Success Manager is available by phone and email and will work with you to get the most out of ClearGov’s platform.CSMs are generally available 9:00AM to 5:00PM, Monday through Friday (excluding holidays).Your CSM will inform you of their specific availability.Our CSMs are committed to responding to all inquiries within one business day,and in most cases,you will receive a same-day response. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 33 of 41Page 73 of 223 ClearGov Support &Data Team For questions on how to use ClearGov or to report a technical issue,you will be able to reach a Support Specialist via support@cleargov.com during business hours (Monday through Friday,8:00AM to 6:00PM Eastern).Our Support Team is committed to responding to all inquiries within one business day,and in most cases,you will receive a same-day response. For data updates,we ask that you send data files along with detailed instructions on what you’d like us to update to data@cleargov.com.Our standard lead time to complete an update is five business days. However,if you need an update completed sooner to meet a deadline,just let us know.Straightforward uploads or changes often are completed within one or two business days. Product Enhancement Requests We absolutely love hearing from Clients -especially when they have ideas that would make our products better.In fact,we meet weekly to go over all the feedback we’ve received to provide key input to our product roadmap.Many of the applications and features in ClearGov’s solution are a direct result of client feedback.When you have a request for a product enhancement,please submit your idea(s)to support@cleargov.com or inform your CSM and they will bring it up at our weekly meeting.We prioritize product enhancements primarily based on the number of clients who are requesting similar functionality,so we can’t guarantee that your ideas will go to the top of the list,but we promise that we’ll always listen,and we work hard to make 100%of our customers happy. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 34 of 41Page 74 of 223 TECHNICAL &SECURITY OVERVIEW ClearGov Hosting Platform The ClearGov platform is hosted by Amazon Web Services (AWS),the world leader in cloud computing as a service.Used by the Departments of Justice,Defense,and Homeland Security,AWS is one of only three vendors that have been granted government authorization to store highly sensitive federal data on its cloud-computing servers. AWS handles systems,network architecture,and security,enabling ClearGov to focus on what it does best —developing world-class solutions for local governments.With ISO 27001 and FISMA-certified data centers,AWS has made platform security its highest priority in order to protect customers’critical information and applications. Another key advantage of hosting on the AWS cloud is that it allows ClearGov to easily scale and innovate,while maintaining all security protections across the entire infrastructure. How secure is ClearGov? Hosting with AWS ensures that ClearGov maintains the highest security standards in the world: ●Web application firewalls control access to the underlying code ●AWS has built technologies to protect against distributed denial of service (DDoS)attacks to ensure network availability and application uptime. ●AWS’s SQL Server RDS uses server-side encryption to protect sensitive data. In addition to AWS’s secure hosting environment,ClearGov has implemented a number of extra software security features: ●Secure Socket Layer (SSL):SSL establishes an encrypted link between AWS servers and the web browser to ensure that all data transfers remain private and integral. ●SQL Injection Protection:ClearGov has built protection against SQL injection attacks where hackers attempt to insert nefarious server requests into web forms. ●Access Rights:ClearGov has implemented strict permission settings based on roles,which limit access to specific data and application functions.This ensures that internal users are restricted from accessing sensitive data based on privileges assigned by your administrator. ●Password Authentication:ClearGov does not store passwords explicitly,but rather “hashes” (encrypts)them so they are not compromised. ●Logging and Monitoring:ClearGov employs monitoring features that quickly identify vulnerabilities and provide immediate alerts if action is required. Where are ClearGov data centers located? AWS replicates the ClearGov application and data across multiple data centers to ensure redundancy and availability.With this in mind,ClearGov is hosted at the AWS data centers in North Virginia,Ohio, Northern California,and Oregon. What sort of disaster recovery plan is in place? One of the reasons we selected AWS is because they provide state of the art disaster recovery.ClearGov databases are duplicated in real-time across multiple AWS servers,and the entire ClearGov platform is backed up on a daily basis across the AWS network.So,even in the event of a catastrophic system failure,24 hours of data loss would be the maximum impact. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 35 of 41Page 75 of 223 Is the ClearGov platform designed to scale to meet demand bursts? Yes.One of the key factors behind selecting AWS as our hosting provider is their ability to scale rapidly. AWS has automated solutions in place that automatically scale ClearGov’s platform for normal peaks and valleys in demand,and can be rapidly (and remotely)scaled to meet sustained demand increases. Does ClearGov leverage AWS Virtual Private Cloud features? Yes.ClearGov utilizes the AWS Virtual Private Cloud functionality,so that our platform is hosted on a logically isolated section of the AWS Cloud and not commingled with any third party applications. How do I learn more about ClearGov’s hosting solution? You can learn more about AWS data centers and security measures via the following link: ●https://aws.amazon.com/security/?hp=tile Security FAQs How is client data stored within the ClearGov platform? All client data is stored in a single data repository with proper authentication and access control built into the system to ensure that users may only access the data applicable to their organization. Is the ClearGov platform SOC 2 compliant? Our hosting provider,AWS,is fully compliant with SOC 2 requirements,and ClearGov can provide a copy of the most recent AWS SOC 2 compliance/audit report upon request. How often is the ClearGov platform reviewed for adherence to security standards? ClearGov performs quarterly security reviews to ensure that processes are being followed and standards are being met. How frequently is the ClearGov platform monitored? The ClearGov platform is monitored continuously -24 x 7 -for performance,security and auditing. Service Level FAQs What level of service availability does ClearGov support? All ClearGov solutions are available on a 24/7 basis,and ClearGov is committed to 99.99%uptime.Given that we are a cloud-based solution product patches and upgrades are completed in real-time,without impact to system performance.On occasion,as necessary,larger upgrades that may require planned system downtime are announced in advance and completed over the weekend and/or after working hours. What is your standard practice for security patch management? ClearGov conducts ongoing audits of third party packages for vulnerabilities.Patches for critical vulnerabilities are released as soon as possible,otherwise patches are released as part of regular bi-weekly software releases. How often does ClearGov schedule planned outages for system upgrades? The ClearGov platform and applications are architected so that the system does not require downtime during regular maintenance,product upgrades or emergency patches.On occasion,as necessary, larger upgrades that may require planned system downtime are announced in advance and completed over the weekend and/or after working hours. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 36 of 41Page 76 of 223 FAQs General Questions Q:Do we need to dedicate resources for ClearGov implementation? ●A:Ideally,we would like to have one point person on your end with whom we can coordinate logistics.We generally require no more than a few hours of that person’s time for the entire setup/onboarding process.Typically,that same person is responsible for delivering regular data updates (usually quarterly),which requires only a few minutes of their time once per quarter. (See Project Management section for more details.) Q:Does ClearGov provide training? ●A:The ClearGov platform is designed to be simple and intuitive.With that said,ClearGov will provide whatever training you and your team need during the kick-off process.And,the ClearGov team is available for unlimited support and/or training on an ongoing basis.ClearGov also provides video tutorials,online help,and other support materials as well.(See Training and Support section for more details.) Q:How much effort is required to import our data? ●A:In short,not much.All ClearGov Solutions are designed to be turnkey and ClearGov does all of the heavy lifting for you.See Onboarding section above for more details. Q:Can ClearGov help us communicate our finances internally? ●A:Absolutely.ClearGov is a powerful tool for not only communicating with residents,but also internal stakeholders.ClearGov can act as a central reporting platform that offers clear and easy-to-understand infographics that can be used for presentations and reports both internally and externally. Q:How will ClearGov store our data?Is it secure? ●A:ClearGov utilizes a full suite of solutions from Amazon Web Services (AWS)to host and deliver the data for the ClearGov platform.We specifically selected AWS as our solutions provider because the AWS infrastructure puts strong safeguards in place to help secure and protect customer data.All data is stored in highly secure AWS data centers,and you can learn more about AWS security measures via the following link:https://aws.amazon.com/security/?hp=tile. See Security Overview section above for more details. Q.Are there any accounting systems that are not compatible with ClearGov? ●A:The short answer is "No"—we work with everybody.We're not actually doing a direct integration with your accounting system;we just need a simple report,and every accounting system we've ever met can easily produce that report.We've worked with enough of them now that we can probably tell you which report to print,and if it's a new one,we'll help you figure out which report is right. Q:Does ClearGov provide a real-time integration with any eFinance or ERP systems? ●A:The short answer is…No...and this is by design.ClearGov takes a different approach when it comes to integrating your data onto our platform.In short...we do the work for you.You simply send us a report from your accounting system whenever you like,and we’ll upload it -and there is never any additional charge for this. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 37 of 41Page 77 of 223 ●The reason we take this approach is that system integrations sound like a good idea on paper, but in reality...they are painful,expensive and extremely difficult to maintain.The key problem is that every time the software changes on either end of the integration,the connection breaks and requires significant effort to re-integrate.In fact,that’s how our competitors make a lot of their money,because they charge professional service fees every time you ask them to re-establish the integration.Bottom line,the extra costs of supporting and maintaining a real-time integrated solution far outweigh the minimal incremental benefits of real-time data transfer. Q:Does the ClearGov platform support single sign-on functionality? ●A:Yes.ClearGov supports single sign-on functionality using Microsoft Azure Active Directory.We are happy to support other single sign-on platforms/APIs as well.Please just let us know what you need. Operational Budgeting Questions Q:With ClearGov's benchmarking intelligence module,how do we know we are comparing “apples to apples”? ●A:ClearGov consolidates and normalizes the fiscal data for all of the municipalities within your state into a standardized national chart of accounts in order to enable a direct apples-to-apples comparison.ClearGov also enables you to select the filter criteria that are most important to the comparison you're trying to make.For example,if you're comparing snow removal costs,you want towns with similar road miles,whereas if you're comparing public safety costs,you'll likely use population and average household income as your filters. Q:Can I export from ClearGov Operational Budgeting into my ERP system? ●A:Yes,once you’ve created your budget,you can choose any combination of data to export to Excel and then import this directly into your ERP system. Capital Budgeting Questions Q:Are requests from the prior year carried over when you create a new budget? ●A:Yes,previously submitted requests (multi-year,partially funded or unfunded)from the prior year will be carried over to the new capital planning process.Any prior year requests that you do not want to include can be removed from the plan after you’ve started. Q:Can we import prior year’s requests? ●A:Yes,it is easy to import prior year's requests.Within ClearGov Capital Budgeting,you can download a template based on your request type.You simply add your requests to the template and upload them to ClearGov.Our Import tool has an easy 3-step guide to walk you through the process. Q:Can we export the final Capital Budget that we create? ●A:Yes,you can export your Capital Budget to Excel or PDF.ClearGov’s Capital Budgeting Report Builder serves up a handful of pre-built,common reports to streamline your reporting process, or you can create your own reports to export.Exported data can be uploaded to your ERP or accounting system. Personnel Budgeting Questions Q:We have a lot of employees,can we upload their data in bulk? ●A:Yes,it is easy to bulk import employees into our system.ClearGov generates a template that you can download and use to set up a simple bulk import of employees and information. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 38 of 41Page 78 of 223 Q:Can we export the final Personnel Budget that we create? ●A:Yes,once you’ve created your budget,you can choose any combination of data to export to Excel and then import this directly into your ERP/Accounting system. Digital Budget Book Questions Q:Since the product is template-driven,won’t every ClearGov Digital Budget Book look the same? ●A:No.While every ClearGov Digital Budget Book starts with the same core template,it’s highly and easily customizable,so the final product will always be different.You can add your own images,chart colors,and endless content to make it your own. Q:Can you guarantee that we will win a GFOA award? ●A:As we have designed and built the ClearGov Digital Budget Book,we have double-checked the GFOA guidelines every step of the way.We have also actively reviewed the solution with GFOA reviewers and members of the GFOA staff.With that said,we cannot guarantee that you will win an award,in part,because the narrative content is still up to you.In other words,all of the core components are included,but you still need to fill in the blanks in a way that meets with GFOA approval. Q:I understand the benefits of digital,but I still need to produce a printed version.How will that work? ●A:You’re not alone.Old habits die hard and paper is still a must-have for many local governments.In addition to presenting your budget book online,the ClearGov Digital Budget Book Suite includes functionality that enables users to create a .PDF,which can then be printed to generate a hard-copy of your budget book.Also,the Print-to-PDF functionality enables you to print specific sections of your budget book and/or the entire book. Transparency Questions Q:Where does ClearGov get its financial data? ●A:ClearGov sources its financial data from various entities including state departments of revenue;state education departments;etc.ClearGov also compiles complementary data,such as demographic information,home values,road miles,etc.from various public sources including the U.S.Census Bureau. Q:How does ClearGov determine the default peer group for peer analysis? ●A:ClearGov uses four primary factors to create the ClearGov Default peer Group for each municipality: 1.ClearGov looks for municipalities with similar populations. 2.ClearGov looks for municipalities with similar median home values as determined by census data. 3.ClearGov looks for municipalities with similar commercial assessments to differentiate between rural and urban municipalities. 4.ClearGov dynamically searches for the closest ten municipalities that meet population, median home values and commercial assessment deviations.The figures from these municipalities are combined to create a peer average. ●NOTE:As a ClearGov Transparency customer,you will have the opportunity to create and publish your own custom peer groups,based on whatever criteria is most important to you. Q:Won’t publishing a transparency profile generate a lot of incoming inquiries? ●A:On the contrary,our customers find that a ClearGov profile helps the community find the answers they seek more easily and consistently.Plus,you can add commentary that tells the story behind your numbers and provides additional context. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 39 of 41Page 79 of 223 ●Prior to launch you will want to identify the components of your data that would benefit from some additional context.ClearGov enables you to add commentary to these sections of the profile which will actually reduce the number of inbound public information requests. ●Finally,if you do get an influx of inquiries,you will generally find a consistent pattern to the questions.So,you can use those questions to inform and further enhance your commentary. Q:What about inciting “community activists”? ●A:It seems that every municipality has a small population of what we call “CAVE People” (Citizens Against Virtually Everything),and unfortunately,we don't have a direct solution for that.However,a large portion of the most aggressive community activism is generally caused by a misinterpretation of the facts,or simply taking the facts out of context.We have found that ClearGov can drastically change both the tone and substance of the conversation by showing that your local government has nothing to hide,and by delivering not just data,but the stories behind the numbers to help everyone have a more informed and empirically accurate conversation. ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 40 of 41Page 80 of 223 “I’ve enjoyed working with ClearGov.I really am impressed with how the products have been built. It’s amazing that they know very well what we need.Not many do.” Will Fuentes,CPFO,MBA Finance Director Campbell,CA ClearGov,Inc.|855-553-2715 |www.cleargov.com Page 41 of 41Page 81 of 223 R E S O L U T I O N 2023-102 WHEREAS, the Finance department is working towards improvement of the annual budget process; and WHEREAS, the ClearGov program offers a streamlined budget process for all departments; and WHEREAS, the OpenGov program offers an improved and more consistent budget book; and WHEREAS, the OpenGov program will allow for the Finance department to better concentrate on value adding analysis. WHEREAS, based on pricing from Buyboard, a purchasing cooperative, Finance Department staff is recommending the purchase of budgeting software tool from ClearGov of Maynard, MA in the amount of $27,050.83. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Finance Department purchase budgeting software tool from ClearGov of Maynard, MA in the amount of $27,050.83 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 82 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.h. Subject: #2023-103 - Approving Final Plat and Subdivision Agreement for JBA Ventures Subdivision Staff Contact: Chad Nabity BACKGROUND: This property is located south of South Street and east of Henry Street in Grand Island, NE. This reconfigures 4 existing lots for redevelopment and dedicates a utility easement between the lots for the extension of sanitary sewer. The property is zoned B2 General Business Zone. (4 Lots, 1.498 Acres) DISCUSSION: The final plat for JBA Ventures Subdivision was considered at the Regional Planning Commission at the April 5, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Monter to approve the final plat for JBA Ventures Subdivision. The motion was carried with eight members voting in favor (O'Neill, Ruge, Robb, Monter, Goplin, Hendrickson, Randone and Doane) and no members abstaining or voting no (Allan, Nelson, Stevenson and Rainforth were absent). Page 83 of 223 Developer/Owner JBA Ventures LLC 114 N Custer Ave Grand Island, NE 68803 To create one additional lot Size: Final Plat 4 lots, 1.498 Acres Zoning: B2 General Business Zone Road Access: Henry and Ada Streets are both existing concrete curb and gutter streets. South Street is a gravel street and no changes are proposed as the bike trail is between South Street and these lots. Water: City water is available to the subdivision. Separate services will be provided to each lot. Sewer: City sewer is available to the subdivision. Sewer will be extended and each lot will have a service. Page 84 of 223 FISCAL IMPACT: There is no fiscal impact. 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. Take no action on the issue presented in this motion. RECOMMENDATION: Move to approve as recommended SAMPLE MOTION: Move to approve the final plat and subdivision agreement for JBA Ventures Subdivision as recommended ATTACHMENTS: 1. Plat 2. JBA Ventures Subdivision Agreement 3. Resolution Page 85 of 223 N00°12'32"E 419.11'(M)N00°12'32"E 289.81'(M)SOUTH STREET ADA STREETHENRY STREET66.00'(M,P) N89°01'28"W S89°03'58"E 261.77'(M) 261.8'(P)S00°11'39"W 129.49'(M) 129.4'(P)N89°01'28"W 261.81'(M) 261.8'(P)N00°12'33"E 129.30'(M) 129.4'(P)S89°03'58"E 66.00'(M,P) N88°59'45"W 242.18'(M)N00°11'42"E 129.54'(M) 129.4'(P)S89°03'58"E 241.77'(M)S00°00'50"W 129.87'(M) 129.4'(P)N88°59'37"W 20.00'(M,D)S00°00'48"W 129.84'(M)S89°03'58"E 20.00'(M,D) N88°59'45"W 262.18'(M) 261.8'(P)ST. JOE BRANCH U.P.R.R. R.O.W.LOT 1, BLOCK 2 SOUTHLAWN SUB LOT 3, BLOCK 2 DAWN SUB LOT 1, BLOCK 2 SOUTHLAWN SUB S89°03'58"E 589.54'(M) 589.6'(P)E 20' OF LOT 1CITY OF GRAND ISLANDN88°59'37"W 4.00'(M) LOT 1 LOT 2 LOT 3 LOT 4N00°12'33"E 64.65'(M) 64.75'(M)S00°11'39"WN89°02'43"W 261.79'(M)N00°11'42"E64.77'(M)64.92'(M)S00°00'48"WN89°01'52"W 241.98'(M)N00°12'33"E 64.65'(M)64.75'(M)S00°11'39"W 64.92'(M)S00°00'48"WN00°11'42"E 64.77'(M)26' ACCESS/UTILITY EASEMENT TO BE DEDICATED WITH THIS PLAT 26' ACCESS/UTILITY EASEMENT TO BE DEDICATED WITH THIS PLAT 13'13' OWNERS: JBA VENTURES, LLC SUBDIVIDER: JBA VENTURES, LLC SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 4 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 A TRACT OF LAND CONSISTING OF PART OF LOT 1, BLOCK 1, DAWN ADDITION, EXCLUDING THE EAST 20 FT. OF SAID LOT 1, BLOCK 1 DAWN ADDITION AND ALL OF LOT 2, BLOCK 1, DAWN ADDITION, ALL OF LOT 1 AND LOT 2, OF BLOCK 2, DAWN ADDITION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA . SAID TRACT CONTAINS A CALCULATED AREA OF 65249.67 SQUARE FEET OR 1.498 ACRES MORE OR LESS. I, JESSE E. HURT, A NEBRASKA REGISTERED LAND SURVEYOR NO. 674, DULY REGISTERED UNDER THE LAND SURVEYOR'S REGULATION ACT, DO HEREBY STATE THAT I HAVE PERFORMED A SURVEY OF THE LAND DEPICTED ON THE ACCOMPANYING PLAT; THAT SAID PLAT IS A TRUE DELINEATION OF SAID SURVEY PERFORMED PERSONALLY OR UNDER MY DIRECT SUPERVISION; THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS MARKED AS SHOWN, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS TRUE, CORRECT AND IN ACCORDANCE WITH THE LAND SURVEYOR'S REGISTRATION ACT IN EFFECT AT THE TIME OF THIS SURVEY. ________________________________________________________ JESSE E. HURT, REGISTERED LAND SURVEYOR NUMBER, LS-674 KNOW ALL MEN BY THESE PRESENTS, THAT JBA VENTURES, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNERS OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS " " IN PART OF LOT 1, BLOCK 1, DAWN ADDITION, EXCLUDING THE EAST 20 FT. OF SAID LOT 1, BLOCK 1 DAWN ADDITION AND ALL OF LOT 2, BLOCK 1, DAWN ADDITION, ALL OF LOT 1 AND LOT 2, OF BLOCK 2, DAWN ADDITION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2023. _______________________________ JOHN D. BAASCH, MEMBER JBA VENTURES, LLC ON THIS ____ DAY OF ___________, 2023, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED JOHN D. BAASCH, MEMBER, JBA VENTURES, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, 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 EXISTING PROPERTY LINE SET CORNER (5/8"x24" REBAR W/CAP) MEASURED DISTANCE DEEDED DISTANCE INST#200310129 M D SUBDIVISION BOUNDARY LINE FOUND CORNER (AS NOTED) PLATTED DISTANCE DAWN ADDITIONP EASEMENT LINE CALCULATED CORNER NW CORNER LOT 1 SOUTHLAWN SECOND SUB Page 86 of 223 SOUTH STREET ADA STREETHENRY STREET66.00'(M,P) N89°01'28"W S89°03'58"E 261.77'(M) 261.8'(P)S00°11'39"W 129.49'(M) 129.4'(P)N89°01'28"W 261.81'(M) 261.8'(P)N00°12'33"E 129.30'(M) 129.4'(P)S89°03'58"E 66.00'(M,P) N88°59'45"W 242.18'(M)N00°11'42"E 129.54'(M) 129.4'(P)S89°03'58"E 241.77'(M)S00°00'50"W 129.87'(M) 129.4'(P)N88°59'37"W 20.00'(M,D)S00°00'48"W 129.84'(M)S89°03'58"E 20.00'(M,D) N88°59'45"W 262.18'(M) 261.8'(P) LOTS 1 & 2, BLOCK 2 DAWN ADDITION LOT 1 LOT 2 ST. JOE BRANCH U.P.R.R. R.O.W.LOT 1, BLOCK 2 SOUTHLAWN SUB LOT 3, BLOCK 2 DAWN SUB W 110.9' OF LOT 1 & LOT 2, BLOCK 1 DAWN ADDITION W 110.9' OF LOT 1 LOT 2 LOT 1, BLOCK 2 SOUTHLAWN SUB S89°03'58"E 589.54'(M) 589.6'(P)E 20' OF LOT 1CITY OF GRAND ISLANDN88°59'37"W 4.00'(M) LOT 1 LOT 2 LOT 3 LOT 4N00°12'33"E 64.65'(M) 64.75'(M)S00°11'39"WN89°02'43"W 261.79'(M)N00°11'42"E64.77'(M)64.92'(M)S00°00'48"WN89°01'52"W 241.98'(M)N00°12'33"E 64.65'(M)64.75'(M)S00°11'39"W 64.92'(M)S00°00'48"WN00°11'42"E 64.77'(M)26' ACCESS/UTILITY EASEMENT TO BE DEDICATED WITH THIS PLAT 26' ACCESS/UTILITY EASEMENT TO BE DEDICATED WITH THIS PLAT 13'13'N00°12'32"E 419.11'(M)N00°12'32"E 289.81'(M)NOTE: EXISTING PROPERTY LINE SET CORNER (5/8"x24" REBAR W/CAP) MEASURED DISTANCE DEEDED DISTANCE M D SUBDIVISION BOUNDARY LINE FOUND CORNER (AS NOTED) PLATTED DISTANCE DAWN ADDITIONP A TRACT OF LAND CONSISTING OF PART OF LOT 1, BLOCK 1, DAWN ADDITION, EXCLUDING THE EAST 20 FT. OF SAID LOT 1, BLOCK 1 DAWN ADDITION AND ALL OF LOT 2, BLOCK 1, DAWN ADDITION, ALL OF LOT 1 AND LOT 2, OF BLOCK 2, DAWN ADDITION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA . SAID TRACT CONTAINS A CALCULATED AREA OF 65249.67 SQUARE FEET OR 1.498 ACRES MORE OR LESS. FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 STORM SEWER LINE WATER LINE GAS LINE SANITARY SEWER LINE BUILDING LINE POWER POLE W/ LIGHT TELEPHONE PEDESTAL SIGN POWER POLE UNDERGROUND ELECTRIC ELECTRIC BOX SANITARY MANHOLE MAILBOX LIGHT POLE BOLLARD WOOD POST OVERHEAD ELECTRIC CONCRETE GRAVEL GRATE INLET CHAINLINK FENCE MONITORING WELL WOODEN FENCE FINISHED FLOOR ELEVATION REFLECTOR POST EASEMENT LINE WATER VALVE FIRE HYDRANT PLASTIC FENCE OWNERS: JOHN BAASCH SUBDIVIDER: JOHN BAASCH SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 4 CALCULATED CORNER NW CORNER LOT 1 SOUTHLAWN SECOND SUB Page 87 of 223 SUBDIVISION AGREEMENT JBA VENTURES SUBDIVISION Lots 1-4 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, JBA VENTURES LLC, 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: A TRACT OF LAND CONSISTING OF PART OF LOT 1, BLOCK 1, DAWN ADDITION, EXCLUDING THE EAST 20 FT. OFSAID LOT 1, BLOCK 1 DAWN ADDITION AND ALL OF LOT 2, BLOCK 1, DAWN ADDITION, ALL OF LOT 1 AND LOT 2,OF BLOCK 2, DAWN ADDITION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 65249.67 SQUARE FEET OR 1.498 ACRES MORE OR LESS. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed * This Space Reserved for Register of Deeds * Page 88 of 223 - 2 - subdivision, to be known as JBA VENTURES 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 JBA VENTURES SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Henry Street, Ada Street and South Street where they abut the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and 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. 4.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a Page 89 of 223 - 3 - drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Street Name Curb sidewalk Conventional Sidewalk Sidewalk Requirement Waived by Council South Street Yes (Existing Trail) Henry Street x NO Ada Street x NO The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.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. 7.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. 8.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. 9.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 Page 90 of 223 - 4 - 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. 10.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 JBA VENTURES 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. 11.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. JBA VENTURES, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY, Subdivider By: ____________________________________ John D. Baasch, Member STATE OF NEBRASKA ) Page 91 of 223 - 5 - ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John D. Baasch, Member of JBA Ventures, L.L.C., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of JBA Ventures, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 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. ______________________________________________ Notary Public My commission expires: ____________________ Page 92 of 223 R E S O L U T I O N 2023-103 WHEREAS know all men by these presents, that JBA VENTURES, LLC, A Nebraska Limited Liability Company, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “JBA VENTURES SUBDIVISION”, A tract of land consisting of Part of Lot 1, Block 1, Dawn Addition, Excluding the East 20 Ft. of said Lot 1, Block 1 Dawn Addition And All of Lot 2, Block 1, Dawn Addition, All of Lot 1 and Lot 2, of Block 2, Dawn Addition 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 JBA VENTURES SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 93 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.i. Subject: #2023-104 - Approving Final Plat and Subdivision Agreement for Eilienstine Subdivision. Staff Contact: Chad Nabity BACKGROUND: This property is located north of State Street and east of North Road in Grand Island, NE. This combines vacated right of way acquired as part of the North Road paving project with an existing parcel and formally approves a subdivision of these parcels. The property is zoned R1 Suburban Density Residential. (1 Lot, 1.305 Acres) DISCUSSION: The final plat for Eilenstine Subdivision was considered at the Regional Planning Commission at the April 5, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Monter to approve the final plat for Eilenstine Subdivision. The motion was carried with eight members voting in favor (O"Neill, Ruge, Robb, Monter, Goplin, Hedricksen, Randone and Doane) and no members voting no or abstaining (Allan, Stevenson, Nelson and Rainforth were absent). Developer/Owner Developer/Owner City of Grand Island Gary Eilenstine 100 E. 1st Street P.O. Box 5755 Grand Island, NE 68801 Grand Island, NE 68802 Size: Final Plat 1 Lot, 1.305 Acres Zoning: R1 Suburban Density Residential Road Access: North Road is an improved city street Water: Water is available to the subdivision Sewer: Sewer is available to the subdivision Page 94 of 223 FISCAL IMPACT: No Fiscal Impact 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. Take no action on the issue presented in this motion. RECOMMENDATION: Move to approve as recommended. Page 95 of 223 SAMPLE MOTION: Move to approve the final plat and subdivision agreement for Eilenstine Subdivision as recommended. ATTACHMENTS: 1. Plat 2. Eilenstine Subdivision Agreement draft 3. Resolution Page 96 of 223 260.06'(M)N89°56'38"E299.96'(M) 300'(TJ2)144.98'(M)145'(TJ1)50.00'(M&D1)33.00'(M&TJ2)7.00'(M)33.00'(M&TJ1)7.00'(M)50.00'(M&D1) S00°26'58"E 145.17'(M) 145'(TJ1) 195.00'(M)259.96'(M)32.90'(M&JA)7.50'(M) 7.10'(JA)LOT 150,720 SQ.FT.CBANORTH ROAD BOSTON CIRCLESACRAMENTO CIRCLENORSEMAN AVENUELOT 1LOT 2LOT 3BLOCK 4STERLING ESTATESSUBDIVISIONINST. NO. 200407646267.06'(M) 267'(TJ1)EILENSTINE SUBDIVISIONA PART OF THE NW1/4 OFSECTION 12-T11N-R10WIN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKAFINAL PLAT3/4" IRON PINNW COR. NW1/4SEC. 12-T11N-R10WSW COR. NW1/4SEC. 12-T11N-R10WS89°58'47"W300.06'(M)300'(TJ1)A-B N00°24'28"W(ASSUMED BEARING)2655.02'(M) 2654.72'(JA)A-C 879.96'(M)680'(TJ1)5/8" REBAR WITH A PLASTICCAP STAMPED "LS 630"1/2" OPEN TOP PIPE1/2" OPEN TOP PIPE1/2" OPEN TOP PIPE1/2" OPEN TOP PIPEASW CORNER NW1/4 SECTION 12-T11N-R10WFOUND A MAG NAIL WITH AN ALUMINUM DISK STAMPED "S. PETERS LS 754" IN THE WEST CURB LINE OF THE MEDIAN NORTH OF THE ROUNDABOUTOF NORTH ROAD AND STATE STREET.NNE84.34'TO A MAG NAIL WITH AN ALUMINUM DISK STAMPED "S. PETERS LS 754" FOUND IN THE WEST FACE OF A POWER POLE(1' ABOVE GROUND)ESE28.66'TO A MAG NAIL FOUND IN THE TOP OF CURB SOUTH OF A SIDEWALK CURB RAMP AT THE NE CORNER OF THE ROUNDABOUTSW64.14'TO THE TOP NUT OF A FIRE HYDRANT IN THE NW CORNER OF THE ROUNDABOUTWNW16.17'TO A MAG NAIL FOUND IN THE TOP OF CURB NORTH OF A SIDEWALK CURB RAMP AT THE NW CORNER OF THE ROUNDABOUTNW CORNER NW1/4 SECTION 12-T11N-R10WFOUND A 5/8" REBAR WITH A 2" ALUMINUM CAP STAMPED "HALL COUNTY SURVEYOR LS 754", 0.3' DEEP IN THE CENTER OF THE ROUNDABOUT OFNORTH ROAD AND CAPITAL AVENUE.NE45.37'TO A MAG NAIL FOUND IN THE TOP OF CURB OF THE ROUNDABOUTENE90.73'TO A 5/8" REBAR FOUND FLUSH WITH GROUND IN THE NE CORNER OF THE ROUNDABOUTSSW18.44'TO A MAG NAIL FOUND IN THE TOP OF CURB OF THE ROUNDABOUTNW11.86'TO A MAG NAIL FOUND IN THE TOP OF CURB OF THE ROUNDABOUTCORNER TIES:BINST. NO. 20190501410' EXISTING DRAINAGE &UTILITY EASEMENT40' PUBLIC ROAD R.O.W.DEDICATED WITH THIS PLATINST. NO. 202100730(TO BE VACATED AS PUBLIC RIGHT OF WAY)P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 9/30/2022 3:51 PM.VICINITY SKETCHNW 1/4NE 1/4SE 1/4SW 1/4NEBRASKA12T11N HALL COUNTYR10W800.723.8567www.jeo.comGrand Island, NE 308.381.7428GRAPHIC SCALE06012030MONUMENT FOUNDCALCULATED POINTDEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCERECORDED DISTANCEPRDGM LEGEND MONUMENT SET (5/8"x24" REBAR WITH APLASTIC STAMPED "GOERTZEN LS 704")RECORDED DISTANCE (THOMAS L. JORDAN 4/13/1964)TJ1RECORDED DISTANCE (THOMAS L. JORDAN 9/16/1970)TJ2RECORDED DISTANCE (JAI JASON ANDRIST 8/15/2007)JADEEDED DISTANCE (INSTRUMENT NUMBER 202100730)D1OWNERS: CITY OF GRAND ISLANDAND GARY EILENSTINELAND SURVEYOR: JEO CONSULTING GROUPNUMBER OF LOTS: 1REPOSITORY STAMPFIELD BOOKSURVEY FILE NO.FIELD CREWFILE NAMEDATEPROJECT NO.DRAWN BY2022-8AG/BSGRAND ISLAND #71 OF 1AJG9/30/2022SV-190020-Phase II Ease.dwgR190020LEGAL DESCRIPTIONS:INST. NO. 202100730A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M, HALL COUNTY, NEBRASKA, BEINGDESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 200407646; THENCES89°56'38"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 266.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°26'14"WON THE EAST RIGHT OF WAY LINE OF NORTH ROAD, A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED ININSTRUMENT NUMBER 201807560; THENCE N89°56'38"E ON THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 266.99 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;THENCE S00°24'03"E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,349 SQUARE FEET, MORE OR LESS.INST. NO. 200407646A TRACT OF LAND COMPRISING A PART OF THE NORTHWEST QUARTER (NW1 /4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6THP.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAIDSECTION TWELVE (12), SAID POINT BEING 680.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (NW1/4) THENCE RUNNING NORTHERLY ALONGTHE WEST LINE OF SAID NORTHWEST QUARTER (NW1/4) A DISTANCE OF 145.0 FEET; THENCE RUNNING EASTERLY AND PARALLEL TO THE SOUTH LINE OF THE NORTHWESTQUARTER (NW1/4) A DISTANCE OF 300.0 FEET; THENCE RUNNING SOUTHERLY AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER (NW1/4) A DISTANCE OF145.0 FEET; THENCE RUNNING WESTERLY AND PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST QUARTER (NW1/4) A DISTANCE OF 300.0 FEET TO THE POINT OFBEGINNING.APPROVAL:SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRANDISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA.CHAIRMANDATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA.THIS DAY OF , 2022.MAYORCITY CLERKDEDICATION:KNOW ALL MEN BY THESE PRESENTS, THAT THE CITY OF GRAND ISLAND AND GARY EILENSTINE, BEING THE OWNERS OF THE LAND DESCRIBED HERE, HAS CAUSED SAME TOBE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "EILENSTINE SUBDIVISION" IN THE CITY OF GRAND ISLAND, NEBRASKA AS SHOWN ON THE ACCOMPANYING PLATTHEREOF, AND DOES HEREBY DEDICATE THE EASEMENTS, IF ANY, AS SHOWN THEREON FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC SERVICEUTILITIES, TOGETHER WITH THE RIGHT OF INGRESS, EGRESS THERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHEROBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBEDIN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER ANDPROPRIETOR.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO,THIS DAY OF , 2022.ROGER STEELE, MAYOR, CITY OF GRAND ISLANDGARY EILENSTINESTATE OF )) SSCOUNTY OF )BEFORE ME, A NOTARY PUBLIC QUALIFIED IN SAID COUNTY, PERSONALLY CAME, ROGER STEELE, MAYOR, CITY OFGRAND ISLAND, KNOWN TO ME TO BE THE IDENTICAL PERSON WHO SIGNED THE FOREGOING INSTRUMENT, ANDACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.WITNESS MY HAND AND NOTARIAL SEAL ON DAY OF , 2022.NOTARY PUBLICMY COMMISSION EXPIRESSTATE OF )) SSCOUNTY OF )BEFORE ME, A NOTARY PUBLIC QUALIFIED IN SAID COUNTY, PERSONALLY CAME, GARY EILENSTINE,KNOWN TO ME TO BE THE IDENTICAL PERSON WHO SIGNED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGEDTHE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.WITNESS MY HAND AND NOTARIAL SEAL ON DAY OF , 2022.NOTARY PUBLICMY COMMISSION EXPIRESSURVEYOR'S CERTIFICATE:I HEREBY CERTIFY THAT ON SEPTEMBER 30TH, 2022, I COMPLETED AN ACCURATE SURVEY OF "EILENSTINESUBDIVISION" IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYINGPLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THEDIMENSIONS OF EACH LOT ARE AS SHOWN ON THE PLAT; THAT EACH LOT BEARS ITS OWN NUMBER; ANDTHAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.ADAM J. GOERTZEN L.S. 704SURVEYOR'S REPORT:THE PURPOSE OF THIS SURVEY WAS TO ESTABLISH THE PERIMETER AND CREATE A METES AND BOUNDS DESCRIPTION OF APARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11 NORTH,RANGE 10 WEST OF THE SIXTH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.EXISTING MONUMENTS OF RECORD WERE FOUND AT LOCATIONS SHOWN ON THIS PLAT. ALL MONUMENTS FOUND ARE DESCRIBEDON THIS PLAT OR IN THE CORNER TIES. ALL MONUMENTS SET ARE A 5/8" BY 24" REBAR WITH A PLASTIC CAP STAMPED "GOERTZEN,LS 704".ALL LINES WERE PRODUCED AND ANGLES AND DISTANCES MEASURED WITH A TRIMBLE R12i GNSS RECEIVER UTILIZING THESEILER INSTRUMENTS REAL TIME NETWORK.145.00'(M&TJ2)FOUND BENT 1/2" OPEN TOPPIPE, 1' DEEP, REPLACEDWITH A 5/8"x24" REBAR WITHA PLASTIC CAP STAMPED"GOERTZEN LS 704"N89°57'53"E299.98'(M) 299.86'(JA) 300'(TJ2)259.58'(M) 259.86'(JA)144.90'(M) 145'(TJ2) S00°24'03"E 194.90'(M)Page 97 of 223 SUBDIVISION AGREEMENT EILENSTINE SUBDIVISION Lot 1 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, CITY OF GRAND ISLAND and GARY EILENSTINE, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M, HALL COUNTY, NEBRASKA, BEINGDESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 200407646; THENCE S89°56'38"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 266.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°26'14"WON THE EAST RIGHT OF WAY LINE OF NORTH ROAD, A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN INSTRUMENT NUMBER 201807560; THENCE N89°56'38"E ON THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 266.99 FEET TO THE * This Space Reserved for Register of Deeds * Page 98 of 223 - 2 - SOUTHEAST CORNER OF SAID PARCEL;THENCE S00°24'03"E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,349 SQUARE FEET, MORE OR LESS. INST. NO. 200407646 A TRACT OF LAND COMPRISING A PART OF THE NORTHWEST QUARTER (NW1 /4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6THP.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAIDSECTION TWELVE (12), SAID POINT BEING 680.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (NW1/4) THENCE RUNNING NORTHERLY ALONG THE WEST LINE OF SAID NORTHWEST QUARTER (NW1/4) A DISTANCE OF 145.0 FEET; THENCE RUNNING EASTERLY AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1/4) A DISTANCE OF 300.0 FEET; THENCE RUNNING SOUTHERLY AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER (NW1/4) A DISTANCE OF 145.0 FEET; THENCE RUNNING WESTERLY AND PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST QUARTER (NW1/4) A DISTANCE OF 300.0 FEET TO THE POINT OF BEGINNING. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as EILENSTINE 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 EILENSTINE SUBDIVISION, the Subdivider hereby consents and Page 99 of 223 - 3 - agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for North Road where it abuts the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of Page 100 of 223 - 4 - 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. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as EILENSTINE SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. CITY OF GRAND ISLAND, Subdivider GARY EILENSTINE, Subdivider By: _____________________________ By. Roger Steele, Mayor Page 101 of 223 - 5 - 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 Roger Steele, Mayor of the City of Grand Island 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 the City of Grand Island. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ 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 Gary Eilenstine known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk Page 102 of 223 - 6 - 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. ______________________________________________ Notary Public My commission expires: ____________________ Page 103 of 223 R E S O L U T I O N 2023-104 WHEREAS know all men by these presents, that The City of Grand Island and Gary Eilenstine, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “EILENSTINE SUBDIVISION”, INST. NO. 202100730 A Parcel of Land Located In The Northwest Quarter of Section 12, Township 11 North, Range 10 West of the Sixth P.M, Hall County, Nebraska. INST. NO. 200407646 A Tract of Land Comprising A Part Of The Northwest Quarter (NW1 /4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of EILENSTINE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 104 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.j. Subject: #2023-105 - Approving Final Plat and Subdivision Agreement for Platte View Second Subdivision. Staff Contact: Chad Nabity BACKGROUND: This property is located south of U.S. Highway 34/ Husker Highway east of Farmstead Road in the ETJ of Grand Island, NE. This reconfigures 2 existing lots originally platted as part of the Grand Island Farmstead Project and dedicates additional right of way for the adjoining roads. The property is zoned LLR Large Lot Residential. (2 Lots, 5.046 Acres) DISCUSSION: The final plat for Platte View Second Subdivision was considered at the Regional Planning Commission at the April 5, 2023 meeting on the consent agenda. The motion was made by Ruge and second by Monter to approve the final plat for Platte View Second Subdivision. The motion was carried with eight members voting in favor (O'Neill, Ruge, Robb, Monter, Hendricksen, Goplin, Randone and Doane) and no members voting no or abstaining (Allan, Nelson, Stevenson and Rainforth were absent). Page 105 of 223 Developer/Owner Ted Bednar 3444 S. Stuhr Rd. Grand Island, NE 68803 To create: one additional lot Size: Final Plat 2 lots, 5.046 Acres Zoning: LLR Large Lot Residential Page 106 of 223 FISCAL IMPACT: No Fiscal Impact 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. Take no action on the issue presented in this motion. RECOMMENDATION: Move to approve as recommened. SAMPLE MOTION: Move to approve the final plat and subdivision agreement for Platte View Second Subdivision. ATTACHMENTS: 1. Plat 2. Platte View Second Subdivision Agreement 3. Resolution Page 107 of 223 LOT 2 LOT 1 STUHR ROADFARMSTEAD ROADS00°34'12"E 184.07'(M) 184.00'(P1)S00°36'32"E 183.94'(M) 184.00'(P1)N88°29'00"W 367.88'(M) 368.00'(P1) S88°27'49"E 367.76'(M) 368.00'(P1)S00°27'13"E 156.13'(M) 156.00'(P1)N00°32'56"W 1725.32'(M) 1725.00'(P)N00°32'56"W 49.96'(M)S89°21'28"W 100.00'(M,P)53.60'(M,P)N00°33'33"WN88°33'30"W 56.40'(M)N88°25'36"W 367.57'(M) 368.0'(P1)N00°32'56"W106.20'(M)N00°32'56"W 428.95'(M)S89°56'53"E 9.92'(M) 10.0'(P2) S88°27'50"E 514.18'(M) 521.01'(P2) N88°23'20"W 6.97'(M) 7.0'(P) S88°29'31"E 531.10'(M,P) N88°28'54"W 374.85'(M) 375.0'(P1) N88°26'39"W 423.97'(M) S88°42'42"E 100.06'(M)N00°32'56"W 535.15'(M)555.10'(M) 555.08'(P2)N00°32'56"WS00°34'41"E 245.15'(M)S88°29'31"E 7.00'(M,P2)S00°34'12"E 245.16'(M)S00°32'56"E585.11'(M)S88°27'48"E 156.54'(M) N88°27'57"W 524.04'(M) 531.1'(P) RIGHT OF WAY LINE EXISTING PROPERTY LINE SET CORNER (5/8"x24" REBAR W/CAP) MEASURED DISTANCE GRAND ISLAND FARMSTEAD PROJECT M P FOUND CORNER 1/2" PIPE OR AS NOTED FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 PLATTE VIEW SUBDIVISIONP1 NO SCALE VICINITY MAP SEC. 34, T11N, R9W SITE LOCATION GRAND ISLAND FARMSTEAD THIRD PROJECTP2 P.O.B. SUBDIVISION BOUNDARY LINE EXISTING EASEMENTS Page 108 of 223 A TRACT OF LAND CONSISTING OF PART OF PLOT 9, GRAND ISLAND FARMSTEAD PROJECT AND ALL OF LOT 2, PLATTE VIEW SUBDIVISION, ALL IN HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, PLATTE VIEW SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N88°26'39"W, ON THE NORTH LINE OF PLOT 3, GRAND ISLAND FARMSTEAD PROJECT, A DISTANCE OF 423.97 FEET TO THE SOUTHEAST CORNER OF PLOT 9A, SAID GRAND ISLAND FARMSTEAD PROJECT; THENCE N00°33'33"W, ON SAID EAST LINE OF SAID PLOT 9A, A DISTANCE OF 53.60 FEET TO THE NORTHEAST CORNER OF SAID PLOT 9A; THENCE S89°21'28"W, ON THE NORTH LINE OF SAID PLOT 9A, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID PLOT 9A AND ALSO BEING A POINT ON THE EAST RIGHT OF WAY LINE OF FARMSTEAD ROAD; THENCE N00°32'56"W, ON SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 535.15 FEET TO THE NORTHWEST CORNER OF PLOT 9, SAID GRAND ISLAND FARMSTEAD PROJECT; THENCE N00°32'56"W A DISTANCE OF 428.95 FEET TO THE NORTHWEST CORNER OF LOT 9, GRAND ISLAND FARMSTEAD PROJECT; THENCE S88°29'31"E, ON THE NORTH LINE OF SAID PLOT 9, A DISTANCE OF 531.10 FEET TO THE NORTHEAST CORNER OF SAID PLOT 9; THENCE S00°34'12"E, ON THE EAST LINE OF SAID PLOT 9, A DISTANCE OF 245.16 FEET TO THE NORTHEAST CORNER OF PLATTE VIEW SUBDIVISION; THENCE N88°28'54"W, ON THE NORTH LINE OF SAID PLATTE VIEW SUBDIVISION, A DISTANCE OF 374.85 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID PLATTE VIEW SUBDIVISION; THENCE S00°36'32"E, ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 183.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 AND ALSO BEING THE NORTHWEST CORNER OF SAID LOT 2, PLATTE VIEW SUBDIVISION; THENCE S88°27'49"E, ON THE SOUTH LINE OF SAID LOT 1 AND ALSO BEING THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 367.76 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND ALSO BEING THE NORTHEAST CORNER OF SAID LOT 2; THENCE S00°27'13"E, ON THE EAST LINE OF SAID LOT 2, A DISTANCE OF 156.13 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 235472.67 SQUARE FEET OR 5.406 ACRES MORE OR LESS OF WHICH 0.039 ACRES ARE NEW DEDICATED ROAD RIGHT OF WAY. FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 I, JAI JASON ANDRIST, A NEBRASKA REGISTERED LAND SURVEYOR NO. 630, DULY REGISTERED UNDER THE LAND SURVEYOR'S REGULATION ACT, DO HEREBY STATE THAT I HAVE PERFORMED A SURVEY OF THE LAND DEPICTED ON THE ACCOMPANYING PLAT; THAT SAID PLAT IS A TRUE DELINEATION OF SAID SURVEY PERFORMED PERSONALLY OR UNDER MY DIRECT SUPERVISION; THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS MARKED AS SHOWN, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS TRUE, CORRECT AND IN ACCORDANCE WITH THE LAND SURVEYOR'S REGISTRATION ACT IN EFFECT AT THE TIME OF THIS SURVEY. ________________________________________________________ JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630 KNOW ALL MEN BY THESE PRESENTS, THAT GARY L. PIERSO, A SINGLE PERSON, AND THOMAS D. BEDNAR AND TAMI J. BEDNAR, HUSBAND AND WIFE, BEING THE OWNERS OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "PLATTE VIEW SECOND SUBDIVISION" A TRACT OF LAND CONSISTING OF PART OF PLOT 9, GRAND ISLAND FARMSTEAD PROJECT AND ALL OF LOT 2, PLATTE VIEW SUBDIVISION, ALL IN 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 THAT THE FOREGOING 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 IN WITNESS WHEREOF, IN WITNESS WHEREOF, SIGNATURE HERETO, I HAVE AFFIXED MY SIGNATURE HERETO, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, AT ________________, NEBRASKA, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2023 THIS ____ DAY OF ____________, 2023 THIS ____ DAY OF ____________, 2023 ____________________________________________________________________________________________________________________ GARY L. PIERSO THOMAS D. BEDNAR TAMI J. BEDNAR ON THIS ____ DAY OF ___________, 2023, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED THOMAS D. BEDNAR, HUSBAND OF TAMI J. BEDNAR, 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 ON THIS ____ DAY OF ___________, 2023, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED GARY L. PIERSOL, A SINGLE PERSON, TO BE PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _______________________________________ NOTARY PUBLIC ON THIS ____ DAY OF ___________, 2023, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED TAMI J. BEDNAR, WIFE OF THOMAS D. BEDNAR, TO BE PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HER 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 APPROVED AND ACCEPTED BY THE HALL COUNTY BOARD OF COMMISSIONERS THIS _____ DAY OF ____________ , 2023. _________________________ CHAIRPERSON _________________________ COUNTY CLERK Page 109 of 223 LOT 2 LOT 1 STUHR ROADFARMSTEAD ROADS00°34'12"E 184.07'(M) 184.00'(P1)S00°36'32"E 183.94'(M) 184.00'(P1)N88°29'00"W 367.88'(M) 368.00'(P1) S88°27'49"E 367.76'(M) 368.00'(P1)S00°27'13"E 156.13'(M) 156.00'(P1)N00°32'56"W 1725.32'(M) 1725.00'(P)N00°32'56"W 49.96'(M)S89°21'28"W 100.00'(M,P)53.60'(M,P)N00°33'33"WN88°33'30"W 56.40'(M)N88°25'36"W 367.57'(M) 368.0'(P1)N00°31'40"W155.90'(M) 156.00'(P1)N00°32'56"W106.20'(M)N00°32'56"W 428.95'(M)S89°56'53"E 9.92'(M) 10.0'(P2) S88°27'50"E 514.18'(M) 521.01'(P2) N88°23'20"W 6.97'(M) 7.0'(P) S88°29'31"E 531.10'(M,P) N88°28'54"W 374.85'(M) 375.0'(P1) N88°26'39"W 423.97'(M) S88°42'42"E 100.06'(M)N00°32'56"W 535.15'(M)555.10'(M) 555.08'(P2)N00°32'56"WS00°34'41"E 245.15'(M)S88°29'31"E 7.00'(M,P2)S00°34'12"E 245.16'(M)S00°32'56"E585.11'(M)S88°27'48"E 156.54'(M) N88°27'57"W 524.04'(M) 531.1'(P) FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 WIRE FENCE WATER WELL ELECTRIC BOX AIR CONDITIONER NO SCALE VICINITY MAP SEC. 34, T11N, R9W SITE LOCATIONBUILDING LINE NOTE: POWER POLE OVERHEAD ELECTRIC RIGHT OF WAY LINE EXISTING PROPERTY LINE SET CORNER (5/8"x24" REBAR W/CAP) MEASURED DISTANCE GRAND ISLAND FARMSTEAD PROJECT M P FOUND CORNER 1/2" PIPE OR AS NOTED PLATTE VIEW SUBDIVISIONP1 GRAND ISLAND FARMSTEAD THIRD PROJECTP2 SUBDIVISION BOUNDARY LINE EXISTING EASEMENTS A TRACT OF LAND CONSISTING OF PART OF PLOT 9, GRAND ISLAND FARMSTEAD PROJECT AND ALL OF LOT 2, PLATTE VIEW SUBDIVISION, ALL IN HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, PLATTE VIEW SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N88°26'39"W, ON THE NORTH LINE OF PLOT 3, GRAND ISLAND FARMSTEAD PROJECT, A DISTANCE OF 423.97 FEET TO THE SOUTHEAST CORNER OF PLOT 9A, SAID GRAND ISLAND FARMSTEAD PROJECT; THENCE N00°33'33"W, ON SAID EAST LINE OF SAID PLOT 9A, A DISTANCE OF 53.60 FEET TO THE NORTHEAST CORNER OF SAID PLOT 9A; THENCE S89°21'28"W, ON THE NORTH LINE OF SAID PLOT 9A, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID PLOT 9A AND ALSO BEING A POINT ON THE EAST RIGHT OF WAY LINE OF FARMSTEAD ROAD; THENCE N00°32'56"W, ON SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 535.15 FEET TO THE NORTHWEST CORNER OF PLOT 9, SAID GRAND ISLAND FARMSTEAD PROJECT; THENCE N00°32'56"W A DISTANCE OF 428.95 FEET TO THE NORTHWEST CORNER OF LOT 9, GRAND ISLAND FARMSTEAD PROJECT; THENCE S88°29'31"E, ON THE NORTH LINE OF SAID PLOT 9, A DISTANCE OF 531.10 FEET TO THE NORTHEAST CORNER OF SAID PLOT 9; THENCE S00°34'12"E, ON THE EAST LINE OF SAID PLOT 9, A DISTANCE OF 245.16 FEET TO THE NORTHEAST CORNER OF PLATTE VIEW SUBDIVISION; THENCE N88°28'54"W, ON THE NORTH LINE OF SAID PLATTE VIEW SUBDIVISION, A DISTANCE OF 374.85 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID PLATTE VIEW SUBDIVISION; THENCE S00°36'32"E, ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 183.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 AND ALSO BEING THE NORTHWEST CORNER OF SAID LOT 2, PLATTE VIEW SUBDIVISION; THENCE S88°27'49"E, ON THE SOUTH LINE OF SAID LOT 1 AND ALSO BEING THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 367.76 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND ALSO BEING THE NORTHEAST CORNER OF SAID LOT 2; THENCE S00°27'13"E, ON THE EAST LINE OF SAID LOT 2, A DISTANCE OF 156.13 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 235472.67 SQUARE FEET OR 5.406 ACRES MORE OR LESS OF WHICH 0.039 ACRES ARE NEW DEDICATED ROAD RIGHT OF WAY. Page 110 of 223 SUBDIVISION AGREEMENT PLATTE VIEW SECOND SUBDIVISION Lots 1 and 2 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, GARY L. PIERSOL, a single person, and THOMAS D. BEDNAR and TAMI J. BEDNAR, husband and wife, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A TRACT OF LAND CONSISTING OF PART OF PLOT 9, GRAND ISLAND FARMSTEAD PROJECT AND ALL OF LOT 2, PLATTE VIEW SUBDIVISION,ALL IN HALL COUNTY, NEBRASKA; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as PLATTE VIEW SECOND SUBDIVISION, designating explicitly * This Space Reserved for Register of Deeds * Page 111 of 223 - 2 - 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 PLATTE VIEW SECOND SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving district for Stuhr Road and Farmstead Road where they abut the subdivision. 2.Water. Public water supply is not available to the subdivision. Therefore, individual water well systems shall be permissible on an initial basis. The Subdivider waives the right to protest the creation of any future water district within or abutting the subdivision. 3.Sanitary Sewer. Public sanitary sewer main is not available to the subdivision; therefore individual systems shall be permissible on an initial basis. However, the Subdivider waives the right to protest the creation of a sanitary sewer district within or abutting the subdivision. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any Page 112 of 223 - 3 - drainage district benefitting the subdivision. 5.Sidewalks. Immediate sidewalk construction adjacent to Stuhr Road and Farmstead Road shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as PLATTE VIEW Page 113 of 223 - 4 - 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. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. THOMAS D. BEDNAR, Subdivider TAMI J. BEDNAR, Subdivider By: _____________________________ By. GARY L. PIERSOL, Subdivider By: ____________________________________ 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 Thomas D. Bednar known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Page 114 of 223 - 5 - 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 Tami J. Bednar known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ 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 Gary L. Piersol known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation Page 115 of 223 - 6 - 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. ______________________________________________ Notary Public My commission expires: ____________________ Page 116 of 223 R E S O L U T I O N 2023-105 WHEREAS know all men by these presents, that Gary L. Pierson, a single person, and Thomas D. Bednar and Tami J. Bednar, Husband and Wife, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “PLATTE VIEW SECOND SUBDIVISION”, A tract of land consisting of Part of Plot 9, Grand Island Farmstead Project and all of Lot 2, Platte View Subdivision, All in 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 PLATTE VIEW SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 117 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.k. Subject: #2023-106 - Approving Final Plat and Subdivision Agreement for T&L Atkins Subdivision. Staff Contact: Chad Nabity BACKGROUND: This property is located south of Schimmer Road and east of North Road in ETJ of Grand Island, NE. ( 2 Lots, 12.943 Acres) This reconfigures 2 existing parcels each with their own house eliminating a shared driveway and providing access to each house across its own property. This is zoned AG2 Secondary Agricultural Zone. DISCUSSION: The final plat for T&L Atkins Subdivision was considered at the Regional Planning Commission at the April 5, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Monter to approve all items on the consent agenda. The motion was carried with eight members voting in favor (O'Neill, Ruge, Robb, Monter, Hendricksen, Goplin, Randone and Doane) and no members abstaining or voting no (Allan, Nelson, Stevenson and Rainforth were absent). Page 118 of 223 Developer/Owner Linda Atkins/Carl Mettenbrink 438 S. Woodland Drive Grand Island, NE 68803 Size: Final Plat 2 lots, 12.943 Acres Zoning: AG2 - Secondary Agricultural Zone Road Access: North Road is an improved County Highway Water: Water is not available to the subdivision Sewer: Sewer is not available to the subdivision Page 119 of 223 FISCAL IMPACT: No Fiscal Impact 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 Committee 3. Postpone the issue to future date. Take no action on the issue presented in this motion. RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve the final plat and subdivision agreement for T&L Atkins Subdivision. ATTACHMENTS: 1. Plat 2. T&L Atkins Subdivision Agreement 3. Resolution Page 120 of 223 Sec. 1 , T 1 0 N - R 1 0 W SE1/4 NW1/4 NE1/4 SW1/4 L o c a t i o n S k e t c h Hall County, Nebraska 1" = 100'3/14/2023 Brent C.1 OF 1 INITIAL POINT SURVEYING LLC 1811 W 2nd Street; Suite 280 Grand Island, NE 68803 308-383-6754 Cell 308-675-4141 Office Part of Lots One (1) and Two (2), Mainland, in Section One (1), Township Ten (10) North, Range Ten (10) West Scale 1" = 100' - Corner Found 1/2" Pipe Unless Otherwise Noted - 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted - Temporary Point All Distances on Curves are Chord Distance R - Recorded Distance A- Actual Distance P- Prorated Distance Legend 352.38' A N 82°4 7 ' 0 8 " E 787.71' A N 00°15'57" E1082.09' A & RS 00°13'24" W350.00' A & R N 89°44'08" W 361.30' A S 89°44'08" E SW Corner NW1/4 Section 1 T10N R10W Found Alum Cap NW Corner Section 1 T10N R10W Found 1/2 Pipe LOT 1 6.508 Acres +/- HALL COUNTY, NEBRASKA FINIAL PLAT LEGAL DESCRIPTION Lot 1 A tract of land comprising a part of Lots One (1) and Two (2), Mainland, in Section One (1), Township Ten (10) North, Range Ten (10) West of the 6th/ P.M., Hall County, Nebraska, and more particularly described as follows: First, to ascertain the point of beginning, start at the northwest comer of said Section One (1); thence S 00°13'24” W, along and upon the west line of said Section One (1), a distance of 1,082.09' feet to the ACTUAL point of beginning; thence on a bearing S 00°13'24” E, a distance of 833.58 feet ; thence on a bearing N 82°47'08” E, a distance of 352.38' feet ; thence bearing N 00°15'57” E, a distance of 787.71' feet ; thence on a bearing N 89°44'08” W, a distance of 350.00 feet to the point of beginning, containing 6.508 Acres more or less. Lot 2 A tract of land comprising a part of Lots One (1) and Two (2), Mainland, in Section One (1), Township Ten (10) North, Range Ten (10) West of the 6th/ P.M., Hall County, Nebraska, and more particularly described as follows: First, to ascertain the point of beginning, start at the northwest comer of said Section One (1); thence S 00°13'24” W, along and upon the west line of said Section One (1), a distance of 1915.67' feet to the ACTUAL point of beginning; thence on a bearing S 00°13'24' W, a distance of 597.89 feet ; thence on a bearing S 89°44'08' E a distance of 361.317; thence on a bearing of N 00°15'52” E, a distance of 613.71'; thence on a bearing of N 89°30'46” W, a distance of 12.34' feet ; thence on a bearing N 00°13'27” E, a distance of 30.00' feet ; thence on a bearing of S 82°47'08” W, a distance of 352.38' feet ; thence bearing feet to the point of beginning, containing 5.151 Acres more or less. SURVEYORS CERTIFICATE I hereby certify that on March 14, 2023, I completed an accurate survey of 'T & L ATKINS SUBDIVISION', in Hall County, Nebraska, as shown on the accompanying plat thereof; that the lots, blocks, streets, avenues, alleys, parks, commons and other grounds as contained in said subdivision as shown on the accompanying plat thereof are well and accurately staked off and marked; that iron markers were placed at all lot corners; that the dimensions of each lot are as shown on the plat; that each lot bears its own number; and that said survey was made with reference to known and recorded monuments. ____________________________________ Brent D Cyboron Nebraska Professional Registered Land Surveyor No. 727 ACKNOWLEDEGEMENT State of Nebraska County of Hall On the ____day of _______ , 2023, before me ___________________ a Notary Public within and for said County, personally appeared Linda J. Atkins, Widowed,, and to me personally known to be the identical person whose signature is affixed hereto, and that he did acknowledge 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 Grand Island, Nebraska, on the date last above written. My commission expires __________________ .20__ ______________________________ Notary Public DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Linda J. Atkins, Widowed, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as 'T & L ATKINS SUBDIVISION' in Hall County, Nebraska, as shown on the accompanying plat thereof, and do hereby dedicate the easements, if any, as shown thereon for the location, construction and maintenance of public service utilities, together with the right of ingress and egress thereto, and hereby prohibiting the planting of trees, bushes and shrubs, or placing other obstructions upon, over, along or underneath the surface of such easements; and that the foregoing subdivision as more particularly described in the description hereon as appears on this plat is made with the free consent and in accordance with the desires of the undersigned owner and proprietor. IN WITNESS WHEREOF, I have affixed my signature hereto, at Grand Island, Nebraska. Linda J Atkins Date____________ T & L ATKINS SUBDIVISION APPROVALS Submitted to and approved by the Regional Planning Commission of Hall County, Grand Island and Wood River, and The Villages of Alda, Cairo, and Doniphan, Nebraska Chairman Date Approved and accepted by the Hall County Board of Supervisors, this Day of , 2023 Chairman of the Board Approved and accepted by the City of Grand Island, Hall County, Nebraska this________ Day of , 2023 Mayor City Clerk Approved and accepted by the Hall County Board of Supervisors, this Day of , 2023 Chairman of the Board County Clerk613.71 A N 00°15'52" E40.00'597.89' A S 0°13'24" W833.581' A S 0°13'24" WLOT 2 5.151 Acres +/- N 89°30'46" W 12.34 A (10.00' R) 352.38' A S 82° 4 7 ' 0 8 " W N 00°13'27" E 30.00' A 40.00' 40.34' Page 121 of 223 SUBDIVISION AGREEMENT T&L ATKINS SUBDIVISION Lots 1 and 2 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, LINDA J. ATKINS, widowed, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A tract of land comprising a part of Lots One (1) and Two (2), Mainland, in Section One (1), Township Ten (10) North, Range Ten (10) West of the 6th/ P.M., Hall County, Nebraska, and more particularly described as follows: First, to ascertain the point of beginning, start at the northwest corner of said Section One (1); thence S 00°13'24” W, along and upon the west line of said Section One (1), a distance of 1,082.09' feet to the ACTUAL point of beginning; thence on a bearing S 00°13'24” E, a distance of 1431.46' feet ; thence on a bearing S 89°44'08” E, a distance of 361.32 feet ; thence bearing N 00°15'52” W, a distance of 613.71' feet ; thence on a bearing N 89°30'46” E, a distance of 12.34' feet ; thence N 00°15'52” E, a distance of 817.71' feet ; S 89°44'08” E, a distance of 350.00' feet; to the point of beginning, containing 11.659 Acres more or less.; * This Space Reserved for Register of Deeds * Page 122 of 223 - 2 - desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as T&L ATKINS 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 T&L ATKINS SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving district for North Road where it abuts the subdivision. 2.Water. Public water supply is not available to the subdivision. Therefore, individual water well systems shall be permissible on an initial basis. The Subdivider waives the right to protest the creation of any future water district within or abutting the subdivision. 3.Sanitary Sewer. Public sanitary sewer main is not available to the subdivision; therefore individual systems shall be permissible on an initial basis. However, the Subdivider waives the right to protest the creation of a sanitary sewer district within or abutting the subdivision. Page 123 of 223 - 3 - 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. Immediate sidewalk construction adjacent to North Road shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the Page 124 of 223 - 4 - seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as T&L ATKINS SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. LINDA J. ATKINS, Subdivider By: ____________________________________ 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 Linda J. Atkins, widowed, 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 her voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA Page 125 of 223 - 5 - 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. ______________________________________________ Notary Public My commission expires: ____________________ Page 126 of 223 R E S O L U T I O N 2023-106 WHEREAS know all men by these presents, that Linda J. Atkins, Widowed, being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “T&L ATKINS SUBDIVISION”, Lot 1 - A tract of land consisting of Part of Lots One (1) and Two (2), Mainland, in section One (1), Township Ten (10) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska. Lot 2 – A tract of land comprising a part of Lots One (1) and Two (2), Mainland, in Section One (1), Township Ten (10) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of T&L ATKINS SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 127 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.l. Subject: #2023-107 - Approving Energy Efficiency and Conservation Block Grant Award Staff Contact: Ryan Schmitz, Libby Finochiaro BACKGROUND: We are very excited to share that the City of Grand Island has been awarded a formula grant of $116,440 from the Energy Efficiency and Conservation Block Grant. The city will receive a voucher for this amount to be used as a rebate toward the purchase of equipment for renewable energy installations, including wind, solar, and storage; and ancillary equipment such as electric system upgrades to accommodate technology installations. DISCUSSION: The Energy Efficiency and Conservation Block Grant is a federal program that provides grants, technical assistance and vouchers to local governments for the purpose of increasing energy efficiency within the community. Equipment purchase and installation rebates will be used to reimburse entities for the purchase of energy-related equipment used to meet the program goals. The City of Grand Island has received a formula grant of $116,440 that will be receiving as voucher toward equipment for renewable energy installations, including wind, solar, and storage; and ancillary equipment such as electric system upgrades to accommodate technology installations. There is no match requirement for this award, the funding to make the initial purchases will come from Utility Operating Cash. Voucher requests can be made up until January 31, 2024 with a turnaround time of thirty to sixty days. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: The Council has the following alternatives concerning the issue at hand. The Council may: Page 128 of 223 1. Move to accept the Energy Efficiency and Conservation Block Grant award of $116,440. 2. Refer the issue to a committee. 3. Postpone the issue to a further date. 4. Take no action on the issue. RECOMMENDATION: City Administration recommends that Council approves the award for $116,440 for the Energy Efficiency and Conservation Block Grant and authorizes the Mayor to sign all related documents. SAMPLE MOTION: Move to approve the award of $116,440 for the Energy Efficiency and Conservation Block Grant and authorizes the Mayor to sign all related documents. ATTACHMENTS: 1. Resolution Page 129 of 223 R E S O L U T I O N 2023-107 WHEREAS, the City of Grand Island has received an award for $116,440 from the Energy Efficiency and Conservation Block grant; and WHEREAS, the city will receive the award as voucher toward equipment for renewable energy installations, including wind, solar, and storage; and ancillary equipment such as electric system upgrades to accommodate technology installations; and WHEREAS, there is no match requirement for this funding to be received. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the award of $116,440 from the Energy Efficiency and Conservation Block Grant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant award on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Page 130 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.m. Subject: #2023-108 - Approving Purchase of a 2023 Expedition for the Police Department Staff Contact: Kevin Denney BACKGROUND: The Police Department has budget authority under capital expenditures for the purchase of one (1) 2023 Ford Expedition SUV. This vehicle was not included in the last purchasing request presented to City Council on February 28, 2023 because, at the time, there was no approved state contract for the 2023 Ford Expedition SUV. DISCUSSION: The Department is replacing high-mileage patrol vehicles on a regular rotation schedule. As of April 4, 2023, the Police Department has been unable to obtain a State Contact Purchasing Agreement for the Ford Expedition. The University of Nebraska has a similar bid proposal system. UNL has established a "Supplier Award" for Anderson Ford of Lincoln, NE. UNL has confirmed it is acceptable for the Grand Island Police Department to purchase vehicles using their bid award. GIPD has also confirmed that the quote given on November 28, 2022 is the expected price for GIPD to pay, in the amount of $53,149. The Department is requesting to purchase the (1) 2023 Ford Expedition, under University of Nebraska bid award 3609-22-2510 from Anderson Auto Group, Lincoln, NE. Cost will be $53,149 after some adds and deducts. There is an included $100 drop ship fee for the vehcle. FISCAL IMPACT: This purchase of the Ford Expedition for $53,149 was budgeted in the FY2023 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. Page 131 of 223 4. Take no action on the issue presented in this motion. RECOMMENDATION: The City Administration recommends the Council approve the purchase of one (1) 2023 Ford Expedition SUV police vehicle at the cost of $53,149. This will be under the University of Nebraska, Lincoln, contract 3609-22-2510 with Anderson Ford Auto Group, Lincoln, NE. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ford Quote 2. Resolution Page 132 of 223 November 28 th , 2022 2023 Ford Police Interceptor Utility 1. 2023 Police Utility Vehicle with 3.3L V6: $44,906 2. Cloth rear seats: included 3. Courtesy lamp inoperable: included 4. Deep Tint Glass: included 5. Driver LED side spotlight: included 6: Dome Light: included 7: Deduct under hood light -$10.00 8: Drop ship $100.00 9: Deduct LED’s rear plate: -$109 10: Deduct Siren speaker on push bar -$125.00 11: Deduct Setina Push Bumper -$350 17: Deduct Aux Battery: -$399 18: Hybrid motor: $3,995 Add Blind Spot/cross traffic alert rear back-up camera: $545.00 Total price: $48,553 3 units=$145,659(3 white) 2023 Ford Expedition with same equipment: $53,149 Bobby Colclasure Anderson Auto Group Commercial & Fleet Director 2500 Wildcat Dr., Lincoln, NE 68521/Cell-402-617-4521 Page 133 of 223 R E S O L U T I O N 2023-108 WHEREAS, the City has approved budget authority for the purchase of one (1) Police Department fleet vehicle; and WHEREAS, the University of Nebraska has allowed the City of Grand Island to purchase the Department fleet vehicle under the University of Nebraska eBid, contract number 3609-22-2510, for vehicle purchases; and WHEREAS, the Police Department desires to purchase one (1) 2023 Ford Expedition SUV, at a cost of $53,149. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of one (1) 2023 Ford Expedition SUV from Anderson Auto Group, Lincoln, Nebraska under the University of Nebraska contract, for a total cost of $53,149. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 134 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 8.n. Subject: #2023-109 - Approving Transportation Alternatives Program Grant Amendment Staff Contact: Todd McCoy BACKGROUND: At the last meeting, council approved the application for the West Connector Trail Transportation Alternatives Program grant in Resolution 2023-94. The contractor, JEO, had to make an adjustment to the budget to match the grant requirements, resulting in an increase in the budget amount. This item is being sent back for approval with adjusted totals and added required language in the resolution regarding right-of-way. DISCUSSION: The application for the West Connector Trail Transportation Alternatives Program grant was approved at the April 11, 2023 council meeting as resolution 2023- 94. An adjustment was made to the budget of this application to include preliminary engineering, NEPA and construction inspection to meet grant budget requirements. This adjustment has brought the total of the project to $1,824,130. The Transportation Alternatives Program grant will pay for up to $1,161,600 of the project. The remaining match of $662,530 will be the city match. The majority of the cost increase would be moved to the City match because the grant limit is $1,161,600. The grant application requires language on the resolution regarding obtaining right-of- way, but the City of Grand Island currently owns the land that the proposed trail will be constructed on. No condemnation is expected to occur as a result of this project. The City of Grand Island will be responsible for project development, implementation, construction, maintenance, management and financing of this project. FISCAL IMPACT: The City match increases from $286,649 to $662,530 and the grant increases from $1,146,596 to $1,161,600. If the grant is awarded, there will be a budget request in FY2024 for $1,824,130 budget authority, of which $662,530 would be the City's match from Food & Beverage Occupation Tax in FY2024. If the grant is not awarded, then other funding sources will be explored. Page 135 of 223 ALTERNATIVES: 1. Move to accept the update to Resolution 2023-94 and city match of $662,530. 2. Refer the issue to a committee. 3. Postpone the issue to a further date. 4. Take no action on the issue. RECOMMENDATION: City Administration recommends that Council approves the update to Resolution 2023-94 with city match of $662,530.00 and authorizes the Mayor to sign all related documents. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 136 of 223 R E S O L U T I O N 2023-109 WHEREAS, the City of Grand Island is applying to the Transportation Alternatives Program for funding for the West Connector Trail and; WHEREAS, the city commits to the projects development, implementation, construction, maintenance, financing; and WHEREAS, the project total is $1,824,130 and the Transportation Alternatives Program will fund up to $1,161,600 of the project with a local match of $662,530; and WHEREAS, the City of Grand Island understands that property right-of-way may be necessary for completion of proposed project. The City of Grand Island also understands that it may be necessary to acquire such property by condemnation which is defined as the legal process by which a governmental body exercises its right of "eminent domain" to acquire private property for public use. Condemnation includes a resolution of public need, an offer to purchase, and, if a negotiated purchase is not possible, then a condemnation suit; and WHEREAS, the proposed application and potential need to use condemnation to acquire property rights-of-way were made available for public review at a properly announced meeting of the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the application for the Transportation Alternatives Program is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant award on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. ______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 137 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 9.a. Subject: Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Starostka Group Unlimited, Inc.- South of State Street, West of Diers Avenue) #2023-110 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Starostka Group Unlimited, Inc.- South of State Street, West of Diers Avenue) Staff Contact: Keith Kurz BACKGROUND: The Claude Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. These Diers Avenue improvements are the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project would involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Page 138 of 223 DISCUSSION: Public right-of-way is needed to accommodate the Claude Road extension from Faidley Avenue to State Street. The property owner has signed the necessary documents to grant the right-of-way, as shown on the attached drawing. There will be no cost to the City for such acquisition. Property Owner Legal Description Amount Starostka Group Unlimited, Inc. A TRACT OF LAND CONSISTING OF PART OF AN UNPLATTED TRACT LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2 OF STARLITE SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF MOORES CREEK DRAINWAY AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00o35’38”E ALONG SAID WEST R.O.W. LINE A DISTANCE OF 1542.69 FEET TO A NORTHEASTERLY CORNER OF AN UNPLATTED TRACT RECORDED IN INSTRUMENT NUMBER 201602896 AT THE HALL COUNTY REGISTER OF DEEDS; THENCE N89o49’27”W ALONG A NORTHERLY LINE OF SAID UNPLATTED TRACT A DISTANCE OF 55.52 FEET; THENCE N00o35’44”W A DISTANCE OF 1542.55 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2 OF STARLITE SUBDIVISION; THENCE S89o58’32”E ALONG SAID SOUTH LINE A DISTANCE OF 55.56 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 85,676 SQUARE FEET OR 1.97 ACRES MORE OR LESS. $0.00 T o t a l Page 139 of 223 = $ 0 . 0 0 FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council conduct a Public Hearing and approve acquisition. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. Exhibit Page 140 of 223 R E S O L U T I O N 2023-110 WHEREAS, public right-of-way is required by the City of Grand Island for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, from property described as follows: Property Owner Legal Description Amount STAROSTKA GROUP UNLIMITED, INC. A TRACT OF LAND CONSISTING OF PART OF AN UNPLATTED TRACT LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2 OF STARLITE SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF MOORES CREEK DRAINWAY AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00o35’38”E ALONG SAID WEST R.O.W. LINE A DISTANCE OF 1542.69 FEET TO A NORTHEASTERLY CORNER OF AN UNPLATTED TRACT RECORDED IN INSTRUMENT NUMBER 201602896 AT THE HALL COUNTY REGISTER OF DEEDS; THENCE N89o49’27”W ALONG A NORTHERLY LINE OF SAID UNPLATTED TRACT A DISTANCE OF 55.52 FEET; THENCE N00o35’44”W A DISTANCE OF 1542.55 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2 OF STARLITE SUBDIVISION; THENCE S89o58’32”E ALONG SAID SOUTH LINE A DISTANCE OF 55.56 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 85,676 SQUARE FEET OR 1.97 ACRES MORE OR LESS. $0.00 Total= $0.00 WHEREAS, an agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tract of land. 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, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 141 of 223 EXHIBIT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Page 142 of 223 EXHIBIT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 LEGAL DESCRIPTION SURVEYOR'S CERTIFICATE Page 143 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 9.b. Subject: Public Hearing Concerning Redevelopment Plan for CRA Area No. 34 to Allow for Redevelopment of Property Located South of 13th Street between Diers Avenue and the Moore's Creek Drainway in Grand Island, NE (Crane Valley Investments, LLC) #2023-111 - Approving Redevelopment Plan for CRA Area No. 34 to Allow for Redevelopment of Property Located South of 13th Street between Diers Avenue and the Moore's Creek Drainway in Grand Island, NE (Crane Valley Investments, LLC) Staff Contact: Chad Nabity BACKGROUND: Concord Investments LLC is proposing to develop property south of 13th Street and east of the Moore’s Creek drainway for residential and commercial uses. They are proposing 84 units of housing. The property is zoned B2 General Business Zone. They are proposing to replat the property with 2 commercial lots at the north and south ends of the project with a residential development zoned between those along the backside of the old Kmart building. As part of this development the developer will construct an extension of Claude Road adjacent to their property south of 13th Street along with installing a trail along Claude Road. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on March 15, 2023 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on April 5, 2023. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on April 5, 2023. The Planning Commission approved Resolution 2023-09 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 433 forwarding the redevelopment plan Page 144 of 223 along with the recommendation of the planning commission to the City Council for consideration. DISCUSSION: Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #34 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for the acquisition of the property as well as the site work, grading, streets, utilities, and trails. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bonds for this project will be issued for a period of 15 years with no property included within bond payments for more than 15 years as determined by the contract. The total proposed bonded amount for this project will be $2,967,963. FISCAL IMPACT: This will defer property taxes on the improvements to the property for a period of 15 years for all entities, including the City, that receive property taxes. The additional taxes will be used to support the development of this property. In this case, those will be used, in part, to complete the unfinished portion of Claude Road between Faidley Avenue and 13th Street. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the resolution 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Redevelopment Plan Amendment Area 34 Crane Valley 2. TIF Application 3. Crane Valley TIF Page 145 of 223 4. Crane Valley Perspectives & Elevations 5. Site Plan - Crane Valley 2022 6. Resolution 428 7. Resolution 429 8. Resolution 2023-09 9. Resolution Page 146 of 223 Redevelopment Plan Amendment Grand Island CRA Area 34 March 2023 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 34 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 34. Executive Summary: Project Description THE REDEVELOPMENT APPROXIMATELY 22.5 ACRES OF PROPERTY LOCATED SOUTH OF 13TH STREET AND EAST OF THE MOORE’S CREEK DRAINWAY IN NORTHWEST GRAND ISLAND FOR A MIXED USE COMMERCIAL AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT 2 COMMERCIAL LOTS AND UP TO 84 UNITS OF HOUSING. The use of Tax Increment Financing to aid in redevelopment expenses associated with platting and installing the necessary infrastructure (streets, sanitary sewer, water, and storm sewer) for the development the property for housing and commercial uses. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project affordable. The 2020 Housing Study for the City of Grand Island identified a need of 1361 new rental and owner occupied housing units by 2024. Concord Investments LLC or its predecessor Concord Development LLC has owned this property for more than 25 years. This property has been farmed in corn or beans during that time. This project will also include building a portion of Claude Road along the west side of the property alongside the existing ditch for the Moore’s Creek Drainway. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the construction of units. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over multiple 15 year periods beginning January 1, 2025 towards the allowable costs and associated financing for the development of this property. TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: Block A of Crane Valley Subdivision excluding Lots 1, 2 and Outlot A of Crane Valley 9th Subdivision (PID 400150174) Page 147 of 223 Existing Land Use and Subject Property Page 148 of 223 The tax increment will be captured for the tax years the payments for which become delinquent in years 2024 through 2025 inclusive. The TIF contract will be structured so it can be amended each year for up to six years to add the housing and commercial units to be completed during that year. No single property will be eligible for TIF for a period of more than 15 years. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from development of the property for residential and commercial uses as previously described. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract or any amendment to the redevelopment contract, consistent with this Redevelopment Plan. The plan anticipates that each phase of the development will constitute new effective date for the purposes of determining the period of fifteen years. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: Page 149 of 223 The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on September 28, 2021.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to pay for necessary infrastructure include sewer, water, drainage and Claude Road to prepare the property for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on April 05, 2023 and passed Resolution 2023-09 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. The Grand Island Public School District has submitted a formal request to the Grand Island CRA to notify the District any time a TIF project involving a housing subdivision and/or apartment complex is proposed within the District. The school district was notified of this plan amendment prior to it being submitted to the CRA for initial consideration. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: This Redevelopment Plan for Area 34 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for highway commercial development which would include residential uses at a density of up to 42 units per acre. This property Page 150 of 223 is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] City of Grand Island Future Land Use Map Page 151 of 223 Current Zoning on the Site e. Site Coverage and Intensity of Use The B2 zoning district allows for one dwelling unit per 1000 square feet of lot space with a 3000 square foot minimum lot size. A wide variety of commercial uses are also permitted in this zoning district. The development as proposed will have a residential density of less than 5 units per acre. [§18-2103(b) and §18-2111] Page 152 of 223 f. Additional Public Facilities or Utilities Sanitary sewer and water are available to support this development. Both sanitary sewer and water will need to be extended throughout the site. TIF revenues will be used to offset the cost of these public utility improvements. Electric utilities are sufficient for the proposed use of this property. Electric lines, transformers, and conduit will need to be extended throughout the property. No other publicly owned utilities would be impacted by the development. §18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The purchase price of the property is $245,866 as an eligible expense. The estimated costs of utilities including sewer and water is $775,171. Streets and drainage are estimated at $1,599,465. Planning activities including engineering, architecture, legal fees and government fees are estimated at $347,461. The total of the eligible expenses for this project is estimated by the developer at $2,967,963. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $2,967,963 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2025 through December 2046. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. Page 153 of 223 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of increasing the number of residential units within the City of Grand Island and encouraging infill development. 8. Time Frame for Development Development of this project is anticipated to begin in the 2023 year. The build out of the subdivision is planned in five phases between 2024 and 2030. It is anticipated that the units in this development will be fully built out by 2030 with the tax increment on those homes extending to 2046. Excess valuation should be available for the first homes built with this project for 15 years beginning with the 2024 tax year. 9. Justification of Project The 2020 housing study for the City of Grand Island projected that by 2024 we would need an additional 1361 new housing units. There should be 902 non-age restricted units with 518 owner occupied and with 384 rental units. There should be 459 age restricted unit 459 with 222 as 55+ owner occupied and with 237 as 55+ rental units. Between January 1 of 2020 and December of 2022 the city issued permits for 680 new housing units including both restricted and unrestricted units leaving a need for 673 additional units by 2024. The current housing market, a combination of the cost of producing housing and the prevailing wages, has not created a situation that gives the markets sufficient incentive to build the number housing units required to meet community needs. This lack of housing options impacts a variety of other areas within the community including work force development, overcrowding, and maintenance of residential units. Page 154 of 223 This project will create new housing options for all citizens and potential citizens of Grand Island and will likely result in the sale of existing homes around the city. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2019), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $2,917,963 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $14,767,874 in private sector financing and investment; a private investment of $5.06 for every TIF dollar invested. Use of Funds Source of funds Description TIF Funds Private Funds Total Site Acquistion $245,866 $245,866 Building Costs $13,000,000 $13,000,000 Public Streets $825,741 $825,741 Private Streets $411,038 $411,038 Trails $108,436 $108,436 Sewer/Water/Electric $775,171 $775,171 Grading/Dirtwork $254,250 $254,250 Planning (Arch. & Eng.) $297,461 $297,461 Financing fees/ audit $1,446,074 $1,446,074 Legal/ TIF contract $50,000 $50,000 Developer Fees $271,800 $271,800 Total $2,967,963 $14,717,874 $17,685,837 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2024 valuation of approximately $979,447. Based on the 2022 levy this would result in a real property tax of approximately $20,727. It is anticipated that the assessed value will increase by $14,620,553 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $330,131 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for the period of the bonds, but would be used for eligible private redevelopment costs to enable this project to be realized. Page 155 of 223 Estimated 2024 assessed value: $ 979,447 Estimated value after completion $ 15,600,000 Increment value $ 14,620,553 Annual TIF generated (estimated) $ 330,131 TIF bond issue $ 2,967,963 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $979,447. The proposed redevelopment will create additional valuation of $14,620,553 over the course of the next six years. The project creates additional valuation that will support taxing entities long after the project is paid off along with providing up to 84 additional housing units and provide for the development and construction of Claude Road on the east side of this property. The tax shift from this project will be equal to the total of the bond principal of $2,967,963 if fully funded and any associated interest on the bond to be assigned with contract approval. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; Existing water and waste water facilities will not be negatively impacted by this development. The electric utility has sufficient capacity to support the development. This is infill development with services connecting to existing line with capacity. This development will result in a larger number of students for Grand Island Public Schools. Fire and police protection are available and should not be negatively impacted by this development though there will be some increased need for officers and fire fighters as the City continues to grow whether from this project or others. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional housing options for the residents of Grand Island. The National Homebuilders Association estimates that each unit of multifamily housing results in an FTE of 1.16 job. An average of 15 apartments would produce about 17.4 FTE’s per year for the next 6 years plus additional FTE’s for the commercial space that is proposed. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers different from any other expanding business within the Grand Island area. Grand Island does have tight labor market and part of that is due to the availability and cost of housing. This development may help alleviate some of those pressures. Page 156 of 223 (e) Impacts on student populations of school districts within the City or Village: This development will have an impact on the Grand Island School system and will likely result in additional students at the elementary and secondary school levels. The average number of persons per household in Grand Island for 2017 to 2021 according the American Community Survey is 2.57. According current census numbers 20.2% of the population of Grand Island was between the ages of 5 and 18. If the averages hold it would be expected that 213 people would be housed at this location and there would be a maximum of 43 school age children generated by this development. If this develops at a rate of 15 units per year for 6 years approximately 8 children could be added to the school age population every year with this development. These 8 children will likely be spread over the full school age population from elementary to secondary school. According to the National Center for Educational Statistics1 the 2019-20 enrollment for GIPS was 10,070 students and the cost per student in 2017-18 was $12,351 of that $4,653 is generated locally. This is likely to be mitigated based on the size and configuration of these units that will make them less attractive to families with children. The Grand Island Public School System was notified on March 4, 2023 that the CRA would be considering this application at their March 15, 2023 meeting. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project is consistent the goals of the 2020 Housing Study for the City of Grand Island to create more than 1361 new housing units. Between January of 2020 and December of 2022 the City of Grand Island has issue permits for 688 housing units. The local housing market is not capable of producing the number of units needed at market rate given the costs of building and development. Time Frame for Development Development of this project is anticipated to be completed between summer of 2023 and the end of 2029. The base tax year should be calculated on the value of the property as of January 1, 2024 for the first phase with each phase based on the preceding year’s valuation of the property included in the amendment for that year. Excess valuation should be available for this project beginning in 2024 with taxes due in 2025. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years on each property or an amount not to exceed a base amount of $2,967,963 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $2,967,963 on TIF eligible activities. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Page 157 of 223 Form Updated 7-25-2019cn Page | 1 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: ______________________________________________________________ Address: _______________________________________________________________ Telephone No.: __________________________ Fax No.: _______________ Email: _________________________________________________________ Contact: _______________________________________________________________ Application Submission Date: Brief Description of Applicant’s Business:__ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________ Legal Description/Address of Proposed Project Community Redevelopment Area Number ________ Page 158 of 223 Form Updated 7-25-2019cn Page | 2 Present Ownership Proposed Project Site: ________________________________________________________________ _____________________________________ Is purchase of the site contingent on Tax Increment Financing Approval? Yes No Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________ If Property is to be Subdivided, Show Division Planned: VI. Estimated Project Costs: Acquisition Costs: A. Land $ ______________ B. Building $ ______________ Construction Costs: A. Renovation or Building Costs: $ ______________ B. On-Site Improvements: Sewer $ ______________ Water $ ______________ Electric $ ______________ Gas $ ______________ Public Streets/Sidewalks $ ______________ Page 159 of 223 Form Updated 7-25-2019cn Page | 3 Private Streets $ ______________ Trails $ ______________ Grading/Dirtwork/Fill $ ______________ Demolition $ ______________ Other $ ______________ Total $ ______________ Soft Costs: A. Architectural & Engineering Fees: $ ______________ B. Financing Fees: $ ______________ C. Legal $ ______________ D. Developer Fees: $ ______________ E. Audit Fees $ ______________ F. Contingency Reserves: $ ______________ G. Other (Please Specify) $ ______________ TOTAL $ ______________ Total Estimated Market Value at Completion: $ Source for Estimated Market Value________________________________________ Source of Financing: A. Developer Equity: $ ______________ B. Commercial Bank Loan: $ ______________ C. Tax Credits: 1. N.I.F.A. $ ______________ 2. Historic Tax Credits $ ______________ 3. New Market Tax Credits $ ______________ 4. Opportunity Zone $ ______________ D. Industrial Revenue Bonds: $ ______________ E. Tax Increment Assistance: $ ______________ F. Enhanced Employment Area $ ______________ Page 160 of 223 Form Updated 7-25-2019cn Page | 4 G. Nebraska Housing Trust Fund $ ______________ H. Other $ ______________ Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Project Construction Schedule: Construction Start Date: _________________________________________________ Construction Completion Date: ___________________________________________ If Phased Project: _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete Page 161 of 223 Form Updated 7-25-2019cn Page | 5 XII. Please Attach Construction Pro Forma XIII. Please Attach Annual Income & Expense Pro Forma (With Appropriate Schedules) TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ______________________________________________________________ Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: ______________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________ Page 162 of 223 Form Updated 7-25-2019cn Page | 6 Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________ Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Page 163 of 223 $150,000 $1,500,000 $979,447 Subdivision Phase 1 Subdivision Phase 2 Subdivision Phase 3 Subdivision Phase 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 40 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $979,447 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $20,727 $6,000,000 $6,600,000 $1,500,000 $1,500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $6,000,000 $12,600,000 $14,100,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $15,600,000 $126,973 $266,644 $298,387 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $330,131 $1,270 $2,666 $2,984 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $3,301 $104,976 $243,250 $274,676 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $306,102 $104,976 $348,227 $622,903 $929,005 $1,235,107 $1,541,209 $1,847,311 $2,153,413 $2,459,515 $2,765,617 $3,071,719 $3,377,821 $3,683,923 $3,990,025 $4,296,127 Subphase 16 17 18 19 0 0 0 0 0 0 0 0 2038 2039 2039 2040 2039 2040 2040 2041 $979,447 $979,447 $979,447 $979,447 $20,727 $20,727 $20,727 $20,727 $0 $0 $0 $0 $9,600,000 $3,000,000 $1,500,000 $1,500,000 $203,157 $63,487 $31,743 $31,743 $2,032 $635 $317 $317 $182,430 $42,759 $11,016 $11,016 $4,478,557 $4,521,317 $4,532,333 $4,543,349 6/15/23 $2,976,963.00 $131,006.47 $56,582.39 $74,424.08 $2,920,380.61 $74,424.08 6/15/33 $1,343,833.52 $131,006.47 $97,410.63 $33,595.84 $1,246,422.89 $1,282,608.67 12/15/23 $2,920,380.61 $131,006.47 $57,996.95 $73,009.52 $2,862,383.65 $147,433.59 12/15/33 $1,246,422.89 $131,006.47 $99,845.90 $31,160.57 $1,146,576.99 $1,313,769.24 6/15/24 $2,862,383.65 $131,006.47 $59,446.88 $71,559.59 $2,802,936.77 $218,993.18 6/16/34 $1,146,576.99 $131,006.47 $102,342.04 $28,664.42 $1,044,234.95 $1,342,433.67 12/15/24 $2,802,936.77 $131,006.47 $60,933.05 $70,073.42 $2,742,003.73 $289,066.60 12/16/34 $1,044,234.95 $131,006.47 $104,900.60 $26,105.87 $939,334.35 $1,368,539.54 6/15/25 $2,742,003.73 $131,006.47 $62,456.38 $68,550.09 $2,679,547.35 $357,616.69 6/16/35 $939,334.35 $131,006.47 $107,523.11 $23,483.36 $831,811.24 $1,392,022.90 12/15/25 $2,679,547.35 $131,006.47 $64,017.79 $66,988.68 $2,615,529.56 $424,605.38 12/16/35 $831,811.24 $131,006.47 $110,211.19 $20,795.28 $721,600.05 $1,412,818.18 6/15/26 $2,615,529.56 $131,006.47 $65,618.23 $65,388.24 $2,549,911.33 $489,993.62 6/15/36 $721,600.05 $131,006.47 $112,966.47 $18,040.00 $608,633.59 $1,430,858.18 12/15/26 $2,549,911.33 $131,006.47 $67,258.69 $63,747.78 $2,482,652.65 $553,741.40 12/15/36 $608,633.59 $131,006.47 $115,790.63 $15,215.84 $492,842.96 $1,446,074.02 6/15/27 $2,482,652.65 $131,006.47 $68,940.15 $62,066.32 $2,413,712.50 $615,807.72 6/16/37 $492,842.96 $131,006.47 $118,685.39 $12,321.07 $374,157.56 $1,458,395.10 12/15/27 $2,413,712.50 $131,006.47 $70,663.66 $60,342.81 $2,343,048.84 $676,150.53 12/16/37 $374,157.56 $131,006.47 $121,652.53 $9,353.94 $252,505.03 $1,467,749.04 6/15/28 $2,343,048.84 $131,006.47 $72,430.25 $58,576.22 $2,270,618.59 $734,726.75 6/17/38 $252,505.03 $131,006.47 $124,693.84 $6,312.63 $127,811.19 $1,474,061.66 12/15/28 $2,270,618.59 $131,006.47 $74,241.00 $56,765.46 $2,196,377.59 $791,492.21 12/17/38 $127,811.19 $131,006.47 $127,811.19 $3,195.28 $0.00 $1,477,256.94 6/15/29 $2,196,377.59 $131,006.47 $76,097.03 $54,909.44 $2,120,280.56 $846,401.65 12/15/29 $2,120,280.56 $131,006.47 $77,999.45 $53,007.01 $2,042,281.10 $899,408.67 6/15/30 $2,042,281.10 $131,006.47 $79,949.44 $51,057.03 $1,962,331.66 $950,465.70 12/15/30 $1,962,331.66 $131,006.47 $81,948.18 $49,058.29 $1,880,383.49 $999,523.99 6/15/31 $1,880,383.49 $131,006.47 $83,996.88 $47,009.59 $1,796,386.60 $1,046,533.57 12/15/31 $1,796,386.60 $131,006.47 $86,096.80 $44,909.67 $1,710,289.80 $1,091,443.24 6/15/32 $1,710,289.80 $131,006.47 $88,249.22 $42,757.24 $1,622,040.58 $1,134,200.48 12/15/32 $1,622,040.58 $131,006.47 $90,455.45 $40,551.01 $1,531,585.12 $1,174,751.50 6/15/33 $1,531,585.12 $131,006.47 $92,716.84 $38,289.63 $1,438,868.28 $1,213,041.13 12/15/33 $1,438,868.28 $131,006.47 $95,034.76 $35,971.71 $1,343,833.52 $1,249,012.83 Phase Added Value Completed Value Total Taxes Increment Cumulative TIF Assessor Discount AMORTIZATION SCHEDULE Principal Interest Ending Balance Cumulative InterestScheduled Payment Total Taxes Increment Cumulative TIF Assessor Discount Tax Year Commerical Units Residential Units Payment Date Beginning BalanceInterest Ending Balance Cumulative InterestPayment Date Beginning Balance Scheduled Payment Tax Payment Year Base Value Base Taxes Principal 17 Number of Payments per Year 2 Start Date of Loan 6/15/23 Base Value of Residential Site Total Interest $1,446,074.02 Total Taxable Value Available for TIF $14,620,553 Taxable Input Cost $15,600,000 Scheduled Payments $131,006.47New Residential Units 84 Minus Present Value $979,447 ASSUMPTIONS New Commerical Units 2 Crane Valley - Grand Island, NE January 31, 2023TAX INCREAMENT FINANCING TIF VALUE FINANCING APPROACH COMPLETED VALUATION APPROACH BASE VALUATION APPROACH TIF VALUE $4,543,349 Loan Amount $2,976,963.00 Minimum Value of Completed Residential Door Annual Interest Rate 5.00%Minimum Value of Completed Commerical Property Loan Period in Years Completed Value 2022 Grand Island Levy Rate 2.116222Total 2021 Levy Phase Added Value Subphase Commerical Units Base Value Total Projected TIF $4,543,349 Residential Units Tax Year Tax Payment Year Base Taxes Phases - Years 19 Mill Levy 0.021162 Total TIF Years 19 Assessor Discount $45,433 Description WAIVER OF LIABILITY: Officials representing Olsson Associates have prepared the enclosed estimates to determine the potential real estate taxes that are available for tax increment financing benefiting a development project. The calculations were based upon recent information acquired from the County Assessor’s Office and Nebraska Department of Property Taxation, and by relying upon the percentages that have been assigned to other projects. The prepared hereby waives any direct or implied liability that may result from the use the above assumptions. The preparer is neither an attorney, a licensed appraiser, or financial expert in the use of tax increment financing. The preparer encourages the user to seek certified officials who are considered experts, or directly involved in determining the value of the eligible assets utilized for tax increment financing. Page 164 of 223 DateRevisionsProject NumberPreliminaryNot for Construction© Copyright ADA 2020Architectural Design Associates3410 'O' Street Lincoln, Nebraska 68510www.adalincoln.comtel 402 486 3232Suite A3/16/2023 1:23:29 PM3/16/20231:23:29 PMR:\Projects 2019\Larry Bird Grand Island Dev\Revit\CLUB HOUSE\BIRD- CLUB HOUSE BREAKLAYOUT.rvtIssue DateProject NumberPR1.0UnnamedLARRY BIRDCLAUDE ROADCRANE VALLEY CLUB HOUSEGRAND ISLAND, NE#DatePR1.01FRONT-LEFT PERSPECTIVEPR1.02REAR - LEFT PERSPECTIVE1/4" = 1'-0"PR1.03WEST ELEVATION1/4" = 1'-0"PR1.04EAST ELEVATION1/4" = 1'-0"PR1.05FRONT ELEV.1/4" = 1'-0"PR1.06REAR ELEV.Page 165 of 223 DateRevisionsProject NumberPreliminaryNot for Construction© Copyright ADA 2020Architectural Design Associates3410 'O' Street Lincoln, Nebraska 68510www.adalincoln.comtel 402 486 3232Suite A3/16/2023 3:48:57 PM3/16/20233:48:57 PMR:\Projects 2019\Larry Bird Grand Island Dev\Revit\FOUR PLAN OPTIONS\BIRD- 1-BEDROOMDUPLEX.rvtIssue DateProject NumberPR1.1UnnamedLARRY BIRDCLAUDE ROADCRANE VALLEY 1 BED DUPLEXGRAND ISLAND, NE#DatePR1.11FRONT-RIGHT PERSPECTIVEPR1.12REAR-LEFT PERSPECTIVE1/4" = 1'-0"PR1.13FRONT ELEV.1/4" = 1'-0"PR1.14RIGHT ELEVATION1/4" = 1'-0"PR1.15REAR ELEV.1/4" = 1'-0"PR1.16LEFT ELEVATIONPage 166 of 223 DateRevisionsProject NumberPreliminaryNot for Construction© Copyright ADA 2020Architectural Design Associates3410 'O' Street Lincoln, Nebraska 68510www.adalincoln.comtel 402 486 3232Suite A3/16/2023 2:56:16 PM3/16/20232:56:16 PMR:\Projects 2019\Larry Bird Grand Island Dev\Revit\FOUR PLAN OPTIONS\BIRD- 2-BEDROOMSINGLE.rvtIssue DateProject NumberPR1.2UnnamedLARRY BIRDCLAUDE ROADCRANE VALLEY 2 BED TOWNHOMEGRAND ISLAND, NE#DatePR1.21FRONT-RIGHT PERSPECTIVEPR1.22REAR-RIGHT PERSPECTIVE1/4" = 1'-0"PR1.23FRONT ELEV.1/4" = 1'-0"PR1.24RIGHT ELEVATION1/4" = 1'-0"PR1.25REAR ELEV.1/4" = 1'-0"PR1.26LEFT ELEVATIONPage 167 of 223 DateRevisionsProject NumberPreliminaryNot for Construction© Copyright ADA 2020Architectural Design Associates3410 'O' Street Lincoln, Nebraska 68510www.adalincoln.comtel 402 486 3232Suite A3/16/2023 1:25:09 PM3/16/20231:25:09 PMR:\Projects 2019\Larry Bird Grand Island Dev\Revit\FOUR PLAN OPTIONS\BIRD- 2-BEDROOMDUPLEX (new).rvtIssue DateProject NumberPR1.32 BED DUPLEXLARRY BIRDCLAUDE ROADCRANE VALLEY 2 BED DUPLEXGRAND ISLAND, NE#DatePR1.32REAR-RIGHT PERSPECTIVE1/4" = 1'-0"PR1.35RIGHT ELEVATION1/4" = 1'-0"PR1.34FRONT ELEV.PR1.31FRONT-LEFT PERSPECTIVE1/4" = 1'-0"PR1.36REAR ELEV.1/4" = 1'-0"PR1.33LEFT ELEVATIONPage 168 of 223 DateRevisionsProject NumberPreliminaryNot for Construction© Copyright ADA 2020Architectural Design Associates3410 'O' Street Lincoln, Nebraska 68510www.adalincoln.comtel 402 486 3232Suite A3/16/2023 4:41:21 PM3/16/20234:41:21 PMR:\Projects 2019\Larry Bird Grand Island Dev\Revit\FOUR PLAN OPTIONS\BIRD- 3-BEDROOMSINGLE.rvtIssue DateProject NumberPR1.4UnnamedLARRY BIRDCLAUDE ROADCRANE VALLEY 3 BED TOWNHOMEGRAND ISLAND, NEPR1.41FRONT-LEFT PERSPECTIVEPR1.42REAR PERSPECTIVE#Date1/4" = 1'-0"PR1.43FRONT ELEV.1/4" = 1'-0"PR1.44RIGHT ELEVATION1/4" = 1'-0"PR1.45REAR ELEV.1/4" = 1'-0"PR1.46LEFT ELEVATIONPage 169 of 223 13TH ST WFUTURE CLAUDE RD CLAUDE RD CONCORD AVE 7 STALL GARAGE 7 STALL GARAGE PARKING CANOPY 6 STALLGARAGE7 STALL GARAGE7 STALL GARAGECOMMERCIAL/ OFFICE LOT COMMERCIAL/ OFFICE LOT 4 STALLGARAGEPage 170 of 223 Page 171 of 223 Page 172 of 223 Page 173 of 223 Page 174 of 223 R E S O L U T I O N 2023-111 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 34 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared an Amended Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Amended Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Amended Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Amended Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Amended Redevelopment Plan and as authorized in the Amended Redevelopment Plan, such project to be as follows: to redevelop property for commercial and residential purposes including necessary costs for acquisition, streets, site work/grading, utilities and trails along with eligible planning expenses and fees associated with the redevelopment project and that such project would not be economically feasible without such aid as is proposed within the Amended Redevelopment Plan. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Page 175 of 223 1. The Amended Redevelopment Plan of the City approved for Redevelopment Area No. 34 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2. Approval of the Amended Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Amended Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c. The CRA is authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Page 176 of 223 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 177 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 9.c. Subject: Public Hearing on Zoning Change for Properties located at 4030, 4022, 4014 and 4006 Huff Boulevard from R1 Suburban Residential Zone to R3 Medium Density Residential Zone (Trent Huff) #9926 - Consideration of Approving Zoning Change for Properties located at 4030, 4022, 4014 and 4006 Huff Boulevard from R1 Suburban Residential Zone to R3 Medium Density Residential Zone (Trent Huff) Staff Contact: Chad Nabity BACKGROUND: Perserverance LLC, the owner of property at 4030, 4022, 4014 and 4006 Huff Boulevard located north of Huff Boulevard and west of North Road is requesting that the zoning on property be changed on this property from R1 Suburban Density Residential Zone to R3 Medium Density Residential Zone. They are proposing to build residential units on these lots. DISCUSSION: At the regular meeting of the Regional Planning Commission, held April 5, 2023 the above item was considered following a public hearing. O’Neill opened the public hearing. Moxey stated the proposed rezoning is located north of Huff Boulevard and west of North Road. The purpose of the rezoning request is to allow for the development lots for duplex properties. The property is designated low to medium residential development and accessible to existing municipal infrastructure. O’Neill closed the public hearing. A motion was made by Hendricksen and second by Doane to recommend zoning change to the property located north of Huff Boulevard west of North Road and R1- Suburban Density Residential to R3-Medium Density Residential. Page 178 of 223 The motion was carried with eight members voting in favor (O’Neill, Ruge, Robb, Monter, Goplin, Hendrikson, Randone and Doane), no members voting no or abstaining, (Allan, Stevenson, Nelson, and Rainforth were absent). The memo sent to the planning commission with staff recommendation is attached for review by Council. FISCAL IMPACT: There is no fiscal impact. 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: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Staff Rezoning Recommendation 2. Application 3. Ordinance Page 179 of 223 Agenda Item 5 PLANNING RECOMMENDATION TO REGIONAL PLANNING COMMISSION: March 28, 2023 SUBJECT:Zoning Change R-1 to R3 4006, 4014, 4022 and 4030 Huff Boulevard (Lots 2 through 5, Block 2 Ellington Point Subdivision) (C-21-23GI) PROPOSAL:To rezone approximately 1 acre of north of Huff Boulevard and west of North Road, from R-1 Suburban Residential Zone to R-3 Medium Density Residential Zone, in the City of Grand Island. The purpose of this rezoning request is to allow for the development lots for duplex properties. OVERVIEW: Site Analysis Current zoning designation:R-1: Suburban Residential Zone Intent of zoning district R-1: To provide for residential neighborhoods at a maximum density of four to five dwelling units per acre with supporting community facilities. Permitted and conditional uses:R-1: Agricultural uses, recreational uses and residential uses at a density of 4 dwelling units per acre Proposed zoning district R-3: Residential uses with a density of 1 unit per 3,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks and some limited non-profit operations and day care facilities are also allowed as permitted or conditional uses in this district. Comprehensive Plan Designation: Designated for Low to Medium Density Residential Development. Existing land uses: Vacant Ground Adjacent Properties Analysis Current zoning designations:North: R-1 and R-3: Suburban Density Residential Zone and Medium Density Residential Zone South: R-1: Suburban Residential Zone East: R2: Low Density Residential Zone West: R-3: Medium Density Residential Zone Intent of zoning district:R-1: To provide for residential neighborhoods at a maximum density of four to five dwelling units per acre with supporting community facilities. R-2: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. Page 180 of 223 R-3: To provide for residential uses at a maximum density of fourteen to fifteen dwelling units per acre with supporting community facilities. This zoning district is sometimes used as a transitional zone between lower density residential zones and higher density residential, office, business, or manufacturing zones. Permitted and conditional uses:R-1: Residential uses at a density of 4 dwelling units per acre, agricultural uses, and recreational uses R-2: 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 R-3: Residential uses with a density of 1 unit per 3,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks and some limited non-profit operations and day care facilities are also allowed as permitted or conditional uses in this district. Comprehensive Plan Designation:All Directions: Designated for Low to Medium Density Residential Development. Existing land uses:North: Single Family Property South: Vacant Property and Single Family Residential East: Farm ground West: Area being developed with duplex properties. EVALUATION: Positive Implications: •Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated low to medium density residential development. (Typically R1, R-2 & R- 3). •Accessible to Existing Municipal Infrastructure: City water and sewer services are available to service the rezoning area. Negative Implications: No Negative Consequences Foreseen Other Considerations This proposal is consistent with the 2004 comprehensive plan. RECOMMENDATION: Page 181 of 223 That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on the this site from R-1 Suburban Residential Zone to R- 3 Medium Density Residential Zone as requested and shown on the attached map. ___________________ Chad Nabity AICP, Director Page 182 of 223 2023 Existing Zoning Map Page 183 of 223 2004 Future Land Use Map as Adopted with the Grand Island Comprehensive Plan Page 184 of 223 Page 185 of 223 ORDINANCE NO. 9926 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 Lots 2 (Two) through 5 (Five), Block 2 (Two) Ellington Point Subdivision and one half of the adjoining right of way for North Road and Huff Boulevard in Grand Island, Hall County, Nebraska, located west of North Road and north of Huff Boulevard in Grand Island, Nebraska, from R-1 Suburban Density Residential Zone to R-3 Medium Density Residential Zone 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 April 5, 2023, held a public hearing and made a recommendation to the Grand Island City Council 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 April 24, 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. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City Council makes the following findings with regards to the proposed zoning changes: Page 186 of 223 ORDINANCE NO. 9926 (Cont.) - 2 - A. The proposed change to the zoning from R-1 Suburban Density Residential Zone to R-3 Medium Density Residential Zone is generally consistent with the Future Land Use Map of the City of Grand Island. B. The proposed change to the zoning from R-1 Suburban Density Residential Zone to R-3 Medium Density Residential Zone is consistent with existing uses in the area. SECTION 2. The following tract of land is hereby rezoned and reclassified and changed from R-1 Suburban Density Residential Zone to R-3 Medium Density Residential Zone Lots 2 (Two) through 5 (Five), Block 2 (Two) Ellington Point Subdivision and one half of the adjoining right of way for North Road and Huff Boulevard in Grand Island, Hall County, Nebraska. SECTION 3. That the proposed development plan for the above described real estate, as shown on the plan submitted with the rezoning request, is approved. SECTION 4. 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. SECTION 5. That this ordinance shall be in force and take effect from and after the fifteenth day after its passage and publication in one issue of the Grand Island Independent as provided by law. Page 187 of 223 ORDINANCE NO. 9926 (Cont.) - 3 - Enacted: April 25, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 188 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 11.a. Subject: #2023-112 - Approving Contract for EMS Billing Services to EMS Management & Consultants Staff Contact: Cory Schmidt BACKGROUND: On April 27, 2015, the Grand Island Fire Department entered into an agreement with PST Services, Inc., a McKesson Company, for Emergency Medical Billing Services. Prior to entering into that agreement, the City of Grand Island performed EMS billing and collections internally, utilizing 1.5 FTEs from the finance department. The change to a private billing company was made due to the complexities of EMS billing, liability issues, as well as the cost of performing the service internally. DISCUSSION: Due to the length of time with the current EMS billing provider, an RFP (request for proposal) was advertised on January 3, 2023 and closed on January 26. The RFP process resulted in six proposals. A committee of City staff members from fire, finance, and legal departments narrowed down the number of applicants to three from the original six proposals. Each of the three finalists gave Zoom presentations and addressed a series of questions from City staff. In the end, the committee chose EMS Management & Consultants (EMS MC) as the best choice. EMS MC separated itself from the other companies with a strong presentation, great analytics, extremely positive feedback from their references, and the lowest fee for service at 4 percent of net collections. FISCAL IMPACT: The current rate paid by the City of Grand Island for EMS billing services is 4 percent of net collections. The rate of the proposed contract is also 4 percent of net collections. The overall fiscal impact should be at or near zero. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Page 189 of 223 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends the Council approve the proposed contract with EMS Management & Consultants for emergency medical services billing services. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. RFP Summary 2. Contract 3. Resolution Page 190 of 223 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR EMS BILLING RFP DUE DATE: January 26, 2023 at 4:00 p.m. DEPARTMENT: Fire PUBLICATION DATE: January 8, 2023 NO. POTENTIAL BIDDERS: 3 PROPOSALS RECEIVED Digitech Medicount Management, Inc. Chappaqua, NY Cincinnati, OH Change Healthcare Technology Enabled Services EMS Management & Consultants, Inc. Alpharetta, GA Winton-Salem, NC Quick Med Claims Captivate Billing Pittsburgh, PA Louisville, CO cc: Cory Schmidt, Fire Chief Russ Blackburn, EMS Division Chief City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Rose Rhoads, Fire Admin. Assist. P2416 Page 191 of 223 31822782v2 BILLING SERVICES AGREEMENT THIS BILLING SERVICES AGREEMENT (hereinafter “Agreement”) is entered into this ______ day of __________, 2023 between EMS MANAGEMENT & CONSULTANTS, INC. (hereinafter “EMS|MC”) and the CITY OF GRAND ISLAND, (hereinafter “Client”). WITNESSETH: WHEREAS, EMS|MC is an ambulance billing service company with experience in providing medical billing and collection services to medical transport providers, including fire and rescue and emergency medical service (EMS) providers; and WHEREAS, Client is normally engaged in the business of providing emergency medical services, and billable medical transportation services; and WHEREAS, Client wishes to retain EMS|MC to provide medical billing, collection and related services as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual agreements described below and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. ENGAGEMENT. a. During the term of this Agreement, EMS|MC shall provide routine billing, bill processing and fee collection services reasonably required and customary for service providers of similar size and situation to Client (the “Revenue Cycle Management Services” or “RCM Services”). The RCM Services shall include: (1) preparing and submitting initial and secondary claims and bills for Client to insurers and others responsible for payment; (2) performing reasonable and diligent routine collection efforts to secure payments from primary and secondary payers and patients or other entities, (as EMS|MC, in its sole discretion deems appropriate); (3) issuing up to three patient statements for all unpaid balances; and (4) referring accounts which have not been collected during EMS|MC normal billing cycle to an outside collection agency if so directed by Client. b. Collectively, the RCM Services that EMS|MC provides to Client shall be referred to as the “Services”. Page 192 of 223 2 31822782v9 2. EMS|MC Responsibilities. a. EMS|MC will provide the RCM Services in material compliance with all applicable state and federal laws and regulations. b. EMS|MC will submit all “Completed Claims” to the applicable third-party payer. A “Completed Claim” is a claim for emergency medical services and billable medical transportation services that (i) is received by EMS|MC and supported by an ePCR record that contains all necessary and accurate information; (ii) has been reviewed and any identified issues sent to Client for remediation have been rectified; (iii) is for a patient encounter that has been electronically signed off by Client in the ePCR; (iv) has been reviewed by Client and deemed ready for billing; and (v) is not subject to a billing hold. EMS|MC will not have any responsibility for any adverse impact to Client that may result from any delay of Client in completing claims. c. EMS|MC will notify client of any PCR and/or associated medical records are incomplete or appear to be inaccurate or do not contain enough information to substantiate or justify reimbursement. This includes missing patient demographic information, insurance information, Physician Certification Statements (PCS) or any required crew and/or patient signatures, or otherwise contradictory medical information. d. Accounts with outstanding balances after the insurance and/or third-party payer has determined benefits due will be billed by EMS|MC to the patient. EMS|MC will send up to three patient statements to the patient or responsible party, except as to those accounts on which an insurance carrier or third-party payer has accepted responsibility to pay. Once Client has submitted all necessary information, EMS|MC will bill all uninsured patients directly. e. Within ten (10) business days of the last business day of the month, EMS|MC will provide to Client a month end report, which shall include an account analysis report, aging report and accounts receivables reconciliation report for the previous month. Deposit reports will be provided daily. f. During the term of this Agreement, EMS|MC shall maintain, provide appropriate storage and data back-up for all billing records pertaining to the RCM Services provided by EMS|MC hereunder. Upon at least five (5) business days’ prior written notice, EMS|MC shall make such records accessible to Client during EMS|MC business hours. Upon termination of this Agreement, trip data pertaining to the RCM Services shall be returned to Client. Notwithstanding anything to the contrary herein, Client acknowledges and agrees that EMS|MC is not a custodian of clinical records nor a clinical records repository. Client is responsible for maintaining all clinical records in accordance with Section 3(d). Page 193 of 223 3 31822782v9 g. EMS|MC shall notify Client of (i) all patient complaints about clinical services within five (5) business days of receipt; (ii) all patient complaints about billing within ten (10) business days of receipt; and (iii) all notices of audit, requests for medical records or other contacts or inquiries out of the normal course of business from representatives of Medicare, Medicaid or private payers with which Client contracts or any law enforcement or government agency ("Payer Inquiries") within ten (10) business days of receipt, unless such agency prohibits EMS|MC from disclosing its inquiry to Client. h. EMS|MC will reasonably assist Client in responding to Payer Inquiries which occur in the normal course of Client’s business and arise from EMS|MC’s provision of the Services. If EMS|MC, in its sole discretion, determines that (i) Client is excessively utilizing EMS|MC’s assistance in responding to Payer Inquiries, (ii) a Payer Inquiry is outside the normal course of Client’s business; or (iii) a Payer Inquiry does not arise from the Services provided by EMS|MC, EMS|MC may charge Client, and Client shall pay, for any assistance provided by EMS|MC at EMS|MC’s then current hourly rates. i. EMS|MC is appointed as the agent of Client under this Agreement solely for the express purposes of this Agreement relating to billing and receiving payments and mail, receiving and storing documents, and communicating with hospitals and other entities to facilitate its duties. EMS|MC will have no authority to pledge credit, contract, or otherwise act on behalf of Client except as expressly set forth herein. j. As to all payments received from Medicare, Medicaid and other government funded programs, the parties specifically acknowledge that EMS|MC will only prepare claims for Client and will not negotiate checks payable or divert electronic fund transfers to Client from Medicare, Medicaid or any other government funded program. All Medicare, Medicaid and any other government funded program payments, including all electronic fund transfers, will be deposited directly into a bank account designated by Client to receive such payments and as to such account only Client, through its officers and directors, shall have access. k. The Services provided by EMS|MC to Client under this Agreement are conditioned on Client’s fulfillment of the responsibilities set forth in this Agreement. l. EMS|MC shall have no responsibility to provide any of the following services: i. Determining the accuracy or truthfulness of documentation and information provided by Client; ii. Providing services outside the EMS|MC billing system; Page 194 of 223 4 31822782v9 iii. Submitting any claim that EMS|MC believes to be inaccurate or fraudulent; or iv. Providing any service not expressly required of EMS|MC by this Agreement. m. For Client’s service dates that occurred prior to the mutually agreed go live date for the Services, Client agrees and understands that EMS|MC is not responsible for any services including, but not limited to, submitting claims or managing any denials, refunds or patient calls. As between Client and EMS|MC, Client is fully responsible for the proper billing and accounting of any remaining balances related to service dates that occurred prior to such go live date. 3. RESPONSIBILITIES OF CLIENT. The following responsibilities of Client are a condition of EMS|MC’s services under this Agreement, and EMS|MC shall have no obligation to provide the Services to the extent that Client has not fulfilled these responsibilities: a. Client will pay all amounts owed to EMS|MC under this Agreement. b. Client will implement standard commercially reasonable actions and processes as may be requested by EMS|MC from time-to-time to allow EMS|MC to properly and efficiently provide the RCM Services. These actions and processes include, but are not limited to, the following: i. Providing EMS|MC with complete and accurate demographic and charge information necessary for the processing of professional and/or technical component billing to third parties and/or patients including, without limitation, the following: patient identification (name, address, phone number, birth date, gender); guarantor identification and address; insurance information; report of services; special claim forms; pre- authorization numbers; and such additional information as is requested by EMS|MC; ii. Providing EMS|MC with complete and accurate medical record documentation for each incident or patient service rendered for reimbursement, which is necessary to ensure proper billing and secure claim payment; iii. Providing EMS|MC, in a timely manner, with Patient Care Reports (PCRs) that thoroughly detail the patient’s full medical condition at the time of service and include a chronological narrative of all services and treatment rendered; Page 195 of 223 5 31822782v9 iv. Obtaining authorizations and signatures on all required forms, including consent to treat, assignment of benefits, release of information and claims; v. Obtaining physician certification statements (PCS) forms for all non- emergency transports and other similar medical necessity forms or prior authorization statements as deemed necessary by the payer; vi. Obtaining or executing all forms or documentation required by Medicare, Medicaid, CHAMPUS, and any other payer or insurance carriers to allow EMS|MC to carry out its billing and other duties under this Agreement; and vii. Implementing reasonable and customary charges for complete, compliant billing. c. Client represents and warrants that the PCR and any and all associated medical records, forms and certification statements provided to EMS|MC are true and accurate and contain only factual information observed and documented by the attending field technician during the course of the treatment and transport. d. Client shall maintain Client’s own files with all original or source documents, as required by law, and only provide to EMS|MC copies of such documents. Client acknowledges that EMS|MC is not the agent of Client for storage of source documentation. e. Client will provide EMS|MC with a copy of any existing billing policy manuals or guidelines, Medicare or Medicaid reports, or any other record or document related to services or billing of Client’s accounts. f. Client will report to EMS|MC within ten (10) business days of payments received directly by Client, and promptly notify EMS|MC of any cases requiring special handling or billing. Client shall advise EMS|MC of any Payer Inquiries within ten (10) business days of receipt. g. Client shall ensure that any refunds posted by EMS|MC are actually issued and paid to the patient, insurer, or other payer as appropriate. h. Client agrees to provide EMS|MC with administrative access to the ePCR system or similar access in order to run reports and review documents and attachments to better service Client’s account. Page 196 of 223 6 31822782v9 i. Client shall provide EMS|MC with access to its facilities and personnel for the purpose of providing on-site and/or online training to such personnel. Client shall cooperate with EMS|MC and facilitate any training that EMS|MC wishes to provide. j. Client shall complete EMS|MC’s online training course within 90 days of the contract start date and all new hires will complete EMS|MC’s online documentation training within 90 days of hire date. Newly developed training materials by EMS|MC should be mutually agreed upon by the parties to be required training. k. Client shall comply with all applicable federal, state, and local laws, rules, regulations, and other legal requirements that in any way affect this Agreement or the duties and responsibilities of the parties hereunder. 4. EMS|MC WEB PORTALS. a. EMS|MC shall provide Client and those individuals appointed by Client (“Users”) with access to EMS|MC Web Portals (the “Portals”), which shall be subject to the applicable Terms of Use found on the Portals. To be appointed as a User, the individual must be an employee of Client or otherwise approved by Client and EMS|MC. Client is responsible for all activity of Users and others accessing or using the Portals through or on behalf of Client including, but not limited to, ensuring that Users do not share credentials for accessing the Portals. Client is also responsible for (i) identifying individuals who Client determines should be Users; (ii) determining and notifying EMS|MC of each User’s rights; (iii) monitoring Users’ access to and use of the Portals; (iv) acting upon any suspected or unauthorized access of information through the Portals; (v) ensuring each User’s compliance with this Agreement and the Terms of Use governing the use of the Portals; and (vi) notifying EMS|MC to deactivate a User account whenever a User’s employment, contract or affiliation with Client is terminated or Client otherwise desires to suspend or curtail a User’s access to and use of the Portals. Client agrees to follow best practices to ensure compliance with this provision. b. Client acknowledges that EMS|MC may suspend or terminate any User's access to the Portals (i) for noncompliance with this Agreement or the applicable Terms of Use; (ii) if such User poses a threat to the security or integrity of the Portals or information available therein; (iii) upon termination of Client; or (iv) upon notice of suspension or termination of such User by Client. Client may suspend or terminate a User's access to the Portals at any time. 5. COMPENSATION OF EMS|MC. a. Client shall pay a fee for the Services of EMS|MC hereunder, on a monthly basis, in an amount equal to 4.0% percent of “Net Collections” as defined below (the Page 197 of 223 7 31822782v9 “RCM Fee”). Net Collections shall mean all cash and check amounts including electronic fund transfers (EFTs) received by EMS|MC from payers, patients, attorney’s offices, court settlements, collection agencies, government institutions, debt set-off programs, group health insurance plans, private payments, credit cards, healthcare facilities or any person or entity submitting funds on a patient’s account, or any amounts paid directly to Client with or without the knowledge of EMS|MC that are paid, tendered, received or collected each month for Client’s transports, less refunds processed or any other necessary adjustments to those amounts. Price adjustments for such services shall be allowed at the completion of each contract year. Price adjustments shall not exceed the change in the average of the Consumer Price Index (CPI) for all Urban Consumers, Not Seasonally Adjusted, Area: U.S. city average, Item: All item, Base Period: 1982-84=100 over the twelve months prior. b. The RCM Fee is referred to as the "Compensation". c. EMS|MC shall submit an invoice to Client by the tenth (10th) day of each month for the Compensation due to EMS|MC for the previous calendar month. The Compensation amount reflected on the invoice shall be paid in full by the 30th day of the month in which the invoice is first presented to Client (the “Payment Date”). Such amount shall be paid without offset unless the calculation of the amount is disputed in good faith, in which case Client shall pay the undisputed amount and shall provide EMS|MC with detailed written notice of the basis for the disputed portion no later than the Payment Date. Any invoices not disputed in writing by the Payment Date shall be deemed “undisputed” for all purposes of the Agreement. All invoices are to be paid directly from Client’s banking institution to EMS|MC via ACH draft initiated by EMS|MC into EMS|MC’s bank account. d. A one-time late fee of 5% shall be added to any invoices that remain unpaid by the 5th day of the calendar month following the Payment Date. Interest shall begin to accrue on all unpaid balances starting thirty (30) days after the presentment of said invoice for any unpaid balances at the rate of 1½% per month or the highest rate allowed under applicable law, whichever is lower. Client shall be responsible for all costs of collection incurred by EMS|MC or others in attempting to collect any amounts due from Client under this Agreement, including, but not limited to, reasonable attorney fees. e. In the event of a material change to applicable law, the billing process and/or scope of Services provided in this Agreement or a material difference in any of the patient demographics provided by the Client and set forth in Exhibit A, EMS|MC reserves the right to negotiate a fee change with Client and amend this Agreement accordingly or terminate this Agreement. Page 198 of 223 8 31822782v9 f. EMS|MC may, in its sole discretion, immediately cease to provide Services for Client should the outstanding balance owed to EMS|MC become in arrears. Claims processing will not resume until all outstanding balances are paid in full or arrangements approved by EMS|MC have been made to wholly resolve any outstanding balances. 6. TERM OF AGREEMENT. a. This Agreement shall be effective commencing on June 15, 2023 and shall thereafter continue through June 14, 2026 (“Initial Term”). This Agreement shall be binding upon the parties hereto and their respective successors, assigns, and transferees. The Agreement shall automatically renew on the same terms and conditions as stated herein, for two (1) successive one (1) year terms (each a “Renewal Term”), unless either party gives written notice of intent not to renew at least 60 days before expiration of any term. Notwithstanding anything herein to the contrary, this Agreement may be terminated under the provisions provided below. (The Initial Term and any Renewal Terms are referred to as the “Term”.) b.Termination for Cause. Notwithstanding Section 6(a), either party may terminate this Agreement if the other party materially breaches this Agreement, unless (i) the breaching party cures the breach within 10 days following receipt of notice describing the breach in reasonable detail, or (ii) with respect to a breach which may not reasonably be cured within a 10-day period, the breaching party commences, is diligently pursuing cure of, and cures the breach as soon as practical following receipt of notice describing the breach in reasonable detail. c.Immediate Termination. Either party may terminate this Agreement immediately as a result of the following: i. Failure of Client to make timely payments due under this Agreement; ii. Injury to any customer, independent contractor, employee or agent of the other party hereto arising from the gross negligence or willful misconduct of a party; iii. Harassment of any employee or contractor of a party or commitment of any act by a party which creates an offensive work environment; or iv. Commitment of any unethical or immoral act which harms the other party or could have the effect of harming the other party. 7. RESPONSIBILITIES UPON TERMINATION. Page 199 of 223 9 31822782v9 a. Subject to Client’s payment of all amounts due hereunder, upon any termination of this Agreement, and during the period of any notice of termination, EMS|MC will make available to Client or its authorized representatives data from the billing system regarding open accounts in an electronic format, and will otherwise reasonably cooperate and assist in any transition of the Services to Client, or its successor billing agent. Upon request, EMS|MC will provide to Client trip data associated with the claims submitted by EMS|MC on behalf of Client pursuant to this Agreement. EMS|MC shall retain financial and billing records not tendered or returned to Client on termination hereof for at least ten (10) years following the date of service. b. Following termination of this Agreement, for a period of ninety (90) days (the “Wind Down”), EMS|MC will continue its billing and collection efforts as to those accounts with dates of services prior to termination, subject to the terms and conditions of this Agreement including, but not limited to, Section 5. Client will continue to provide EMS|MC with copies of checks and payments on those accounts which were filed by EMS|MC under this Agreement. EMS|MC shall have no further responsibilities as to such accounts after the Wind Down; however, EMS|MC shall be entitled to compensation as provided in Section 5(a) for such amounts filed by EMS|MC, regardless of whether such amounts are collected by Client during or after the Wind Down period. During the Wind Down and for up to twelve months following termination of this Agreement, EMS|MC shall continue to make the Portals available to Client, subject the applicable Terms of Use. Notwithstanding the foregoing, in the event EMS|MC terminated this Agreement pursuant to Sections 6(b) or 6(c), EMS|MC shall have no obligation to provide any Services after the date of termination. 8. EXCLUSIVITY AND MISCELLANEOUS BILLING POLICIES. a. During the term of this Agreement, EMS|MC shall be Client’s exclusive provider of the RCM Services. Client may not directly file, submit or invoice for any medical or medical transportation services rendered while this Agreement is in effect. b. In addition, Client agrees not to collect or accept payment for services from any patient unless the service requested does not meet coverage requirements under any insurance program in which the patient is enrolled or the patient is uninsured. Payments received directly by Client for these services must be reported to EMS|MC as provided in Section 3(f) hereof and shall be treated as Net Collections for purposes of Section 5(a) hereof. c. In compliance with CMS regulations, Medicare patients will not be charged by Client a higher rate or amount for identical covered services charged to other insurers Page 200 of 223 10 31822782v9 or patients. Accordingly, only one fee schedule shall exist and be used in determining charges for all patients regardless of insurance coverage. d. EMS|MC reserves the right not to submit a claim for reimbursement on any patient in which the PCR and/or associated medical records are incomplete or appear to be inaccurate or do not contain enough information to substantiate or justify reimbursement. This includes missing patient demographic information, insurance information, Physician Certification Statements (PCS) or any required crew and/or patient signatures, or otherwise contradictory medical information. e. Client shall implement and maintain a working compliance plan (“Compliance Plan”) in accordance with the most current guidelines of the U.S. Department of Health and Human Services (“HHS”). The Compliance Plan must include, but not be limited to, formal written policies and procedures and standards of conduct, designation of a compliance officer, quality assurance policy and effective training and education programs. f. In accordance with the HHS Office of Inspector General (“OIG”) Compliance Program Guidance for Third-Party Medical Billing Companies, EMS|MC is obligated to report misconduct to the government, if EMS|MC discovers credible evidence of Client’s continued misconduct or flagrant, fraudulent or abusive conduct. In the event of such evidence, EMS|MC has the right to (a) refrain from submitting any false or inappropriate claims, (b) terminate this Agreement and/or (c) report the misconduct to the appropriate authorities. 9. NON-INTERFERENCE/NON-SOLICITATION OF EMS|MC EMPLOYEES. Client understands and agrees that the relationship between EMS|MC and each of its employees constitutes a valuable asset of EMS|MC. Accordingly, Client agrees that both during the term of this Agreement and for a period beginning on the date of termination of this Agreement, whatever the reason, and ending three (3) years after the date of termination of this Agreement (the “Restricted Period”), Client shall not, without EMS|MC’s prior written consent, directly or indirectly, solicit or recruit for employment; attempt to solicit or recruit for employment; or attempt to hire or accept as an employee, consultant, contractor, or otherwise, or accept any work from EMS|MC’s employees with whom Client had material contact during the term of this Agreement, in any position where Client would receive from such employees the same or similar services that EMS|MC performed for Client during the term of this Agreement. Client also agrees during the Restricted Period not to unlawfully urge, encourage, induce, or attempt to urge, encourage, or induce any employee of EMS|MC to terminate his or her employment with EMS|MC. Client has carefully read and considered the provisions of Section 9 hereof, Page 201 of 223 11 31822782v9 and having done so, agrees that the restrictions set forth in such section (including, but not limited to, the time period) are fair and reasonable and are reasonably required for the protection of the legitimate interests of EMS|MC, its officers, directors, shareholders, and employees. 10.PRIVACY. a.Confidentiality. The Parties acknowledge that they will each provide to the other Confidential Information as part of carrying out the terms of this Agreement. EMS|MC and Client will be both a Receiving Party and a Disclosing Party at different times. The Receiving Party agrees that it will not (i) use any such Confidential Information in any way, except for the exercise of its rights and performance of its obligations under this Agreement, or (ii) disclose any such Confidential Information to any third party, other than furnishing such Confidential Information to its employees, consultants, and subcontractors, who are subject to the safeguards and confidentiality obligations contained in this Agreement and who require access to the Confidential Information in the performance of the obligations under this Agreement. In the event that the Receiving Party is required by applicable law to make any disclosure of any of the Disclosing Party’s Confidential Information, by subpoena, judicial or administrative order or otherwise, the Receiving Party will first give written notice of such requirement to the Disclosing Party, and will permit the Disclosing Party to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to the Disclosing Party in seeking to obtain such protection, at the Disclosing Party’s sole expense. “Confidential Information” means the provisions of the Agreement (including, but not limited to, the financial terms herein) and any information disclosed by a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”). Information will not be deemed Confidential Information hereunder if the Receiving Party can prove by documentary evidence that such information: (a) was known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (d) is independently developed by the Receiving Party without the use of any Confidential Information of the Disclosing Party. b.HIPAA Compliance. The parties agree to comply with the Business Associate Addendum, attached hereto and incorporated by reference herein as Attachment 1, documenting the assurances and other requirements respecting the use Page 202 of 223 12 31822782v9 and disclosure of Protected Health Information. It is Client’s responsibility to ensure that it obtains all appropriate and necessary authorizations and consents to use or disclose any individually identifiable health information in compliance with all federal and state privacy laws, rules and regulations, including but not limited to the Health Insurance Portability and Accountability Act. In the event that this Agreement is, or activities permitted or required by this Agreement are, inconsistent with or do not satisfy the requirements of any applicable privacy or security law, rule or regulation, the parties shall take any reasonably necessary action to remedy such inconsistency. 11.DISCLAIMERS, LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION a. Each Party acknowledges that the liability limitations and warranty disclaimers in the Agreement are independent of any remedies hereunder and shall apply regardless of whether any remedy fails of its essential purpose. Client acknowledges that the limitations of liability set forth in this Agreement are integral to the amount of consideration offered and charged in connection with the Services and that, were EMS|MC to assume any further liability other than as provided in the Agreement, such consideration would of necessity be set substantially higher. b. EMS|MC and Client acknowledge and agree that despite their best efforts, billing errors may occur from time to time. Each party will promptly notify the other party of the discovery of a billing error. EMS|MC’s sole obligation in the event of a billing error will be to correct the error by making appropriate changes to the information in its system, posting a refund if appropriate, and re-billing the underlying claim if permissible. c. Except for any express warranty provided herein or in the applicable exhibit, the services are provided on an "as is," “as available” basis. Client agrees that use of the services is at client’s sole risk; and, to the maximum extent permitted by law, EMS|MC expressly disclaims any and all other express or implied warranties with respect to the services including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement or warranties alleged to arise as a result of custom and usage. d. A “Claim” is defined as any claim or other matter in dispute between EMS|MC and Client that arises from or relates in any way to this Agreement or to the Services, or data provided by EMS|MC hereunder, regardless of whether such claim or matter is denominated as a contract claim, tort claim, warranty claim, indemnity claim, statutory claim, arbitration demand, or otherwise. e. To the fullest extent allowed by law, the total liability of EMS|MC to Client regarding any and all Claims shall be capped at, and shall in no event exceed, the total fees paid by Client to EMS|MC under this Agreement in the twelve (12) months prior to Page 203 of 223 13 31822782v9 the event giving rise to the Claim (the “Liability Cap”). All amounts that may be potentially awarded against EMS|MC in connection with a Claim are included in and subject to the Liability Cap and shall not cause the Liability Cap to be exceeded, including, without limitation, all direct compensatory damages, interest, costs, expenses, and attorneys’ fees. Provided, however, that nothing in the foregoing shall be construed as an admission of liability by EMS|MC in any amount or as a waiver or compromise of any other defense that may be available to EMS|MC regarding any Claim. f. To the fullest extent allowed by law, and notwithstanding any statute of limitations, statute of repose, or other legal time limit to the contrary, no Claim shall be brought by Client against EMS|MC after the earlier of the following to occur (the “Claim Time Limit”): (i) the time period for bringing an action under any applicable state or federal statute of limitations; one (1) year after the date upon which Client discovered, or should have discovered, the facts giving rise to an alleged claim; or (ii) two (2) years after the first act or omission giving rise to an alleged claim. Any Claim not brought within the Claim Time Limit is waived. g. Client agrees that any Claim Client may have against EMS|MC, including EMS|MC’s past or present employees or agents, shall be brought individually and Client shall not join such Claim with claims of any other person or entity or bring, join or participate in a class action against EMS|MC. h. To the fullest extent allowed by law, EMS|MC and Client waive claims against each other for consequential, indirect, incidental, special, punitive, exemplary, and treble damages, and for any other damages in excess of direct, compensatory damages including, but not limited to, loss of profits, loss of data, or loss of business, regardless of whether such claim or matter is denominated as a contract claim, tort claim, warranty claim, indemnity claim, statutory claim, arbitration demand, or otherwise, even if a party has been apprised of the possibility or likelihood of such damages occurring (the “Non-Direct Damages Waiver”). i. Subject to the Liability Cap, the Claim Time Limit and the Non-Direct Damages Waiver, EMS|MC agrees to indemnify, hold harmless, and defend Client, with reasonably acceptable counsel, from and against any fines, penalties, damages, and judgments that Client becomes legally obligated to pay to a third party proximately caused by EMS|MC’s gross negligence or willful misconduct. Provided, however, that this indemnity is subject to the following further conditions and limitations: (i) Client must provide prompt written notice to EMS|MC of the matter for which indemnity is or may be sought, within such time that no right of EMS|MC is prejudiced, and in no event no later than thirty (30) days after Client first becomes aware of the facts that give rise or may Page 204 of 223 14 31822782v9 give rise to a right of indemnity; (ii) Client must allow EMS|MC the opportunity to direct and control the defense and handling of the matter for which indemnity is or may be sought; (iii) Client must not agree to any settlement or other voluntary resolution of a matter for which indemnity is or may be sought without EMS|MC‘s express consent; and (iv) Client shall not seek or be entitled to indemnify for amounts that Client reimburses or refunds to Medicaid, Medicare, any governmental entity, any insurer, or any other payer as a result of medical services or medical transportation services for which Client should not have received payment in the first place under applicable rules, regulations, standards and policies. Client waives all rights of indemnity against EMS|MC not in accordance with this subsection. j. In any permitted court proceeding regarding any Claim, the prevailing party shall be entitled to recover from the non-prevailing party the reasonable costs and expenses incurred by the prevailing party in connection with such proceeding, including, without limitation, the reasonable attorneys’ fees, court filing fees, expert witness charges, court reporter charges, and document reproduction charges incurred by the prevailing party. Which party is the prevailing party shall be determined in light of the surrounding circumstances, such as comparing the relief requested with that awarded, and shall not be determined simply by whether one party or the other receives a net monetary recovery in its favor. 12.GENERAL. a. Status of Parties. Nothing contained in this Agreement shall be construed as establishing a partnership or joint venture relationship between EMS|MC and Client, or as establishing an agency relationship beyond EMS|MC’s service as a billing and collection agent of Client under the express terms of this Agreement. EMS|MC and its employees and representatives shall have no legal authority to bind Client. b. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned by either party without prior written consent of the other party. Any purported assignment in violation of this Section 12(b) shall be null and void. c. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors, assigns (where permitted), and transferees. d. Notices. All notices required or permitted by this Agreement shall be in writing and shall be deemed to have been given: (i) on the day received, if personally delivered; (ii) on the day received if sent by a recognized overnight delivery service, according to the courier’s record of delivery; and (iii) on the 5th (fifth) calendar day after Page 205 of 223 15 31822782v9 the date mailed by certified or registered mail. Such notices shall be addressed as follows: Client: City of Grand Island Legal Department 100 E. First Street PO Box 1968 Grand Island, NE 68802 EMS|MC: EMS Management & Consultants, Inc. Chief Executive Officer 2540 Empire Drive Suite 100 Winston-Salem, NC 27103 contracts@emsbilling.com Either party may change its address for notices under this Agreement by giving written notice of such change to the other party in accordance with the terms of this section. e. Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and governed by the laws of the State of Nebraska, notwithstanding any conflicts of law rules to the contrary. f. Integration of Terms. This instrument together with all attachments, exhibits and schedules constitutes the entire agreement between the parties, and supersedes all prior negotiations, commitments, representations and undertakings of the parties with respect to its subject matter. Without limiting the foregoing, this Agreement supersedes and takes precedence over any inconsistent terms contained in any Request for Proposal (“RFP”) from Client and any response to that RFP from EMS|MC. g. Amendment and Waiver. This Agreement may be amended or modified only by an instrument signed by all of the parties. A waiver of any provision of this Agreement must be in writing, designated as such, and signed by the party against whom enforcement of the waiver is sought. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach thereof. Page 206 of 223 16 31822782v9 h. Severability. If any provision of this Agreement shall not be valid for any reason, such provision shall be entirely severable from, and shall have no effect upon, the remainder of this Agreement. Any such invalid provision shall be subject to partial enforcement to the extent necessary to protect the interest of the parties hereto. i. Force Majeure. With the exception of Client’s payment obligation, a Party will not be in breach or liable for any delay of its performance of this Agreement caused by natural disasters or other unexpected or unusual circumstances reasonably beyond its control. j. Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement. k. Counterparts. This Agreement may be executed in multiple counterparts by a duly authorized representative of each party. l. Survival. All terms which by their nature survive termination shall survive termination or expiration of the Agreement including, but not limited to, Sections 3(c), 3(f) – (h), 5(a), 5(c), 7, 9 – 12. Page 207 of 223 17 31822782v9 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed on the later of the dates set forth below. Each person whose signature appears hereon represents, warrants and guarantees that he/she has been duly authorized and has full authority to execute this Agreement on behalf of the party on whose behalf this Agreement is executed. EMS|MC: CLIENT: EMS Management & Consultants, Inc. City of Grand Island By: ____________________________ By: ____________________________ Print Name: _____________________ Print Name: ______________________ Title: ___________________________ Title: ___________________________ Date: ___________________________ Date: __________________________ Page 208 of 223 18 31822782v9 Attachment 1 Business Associate Addendum This Business Associate Addendum (the “Addendum”) is made effective the ____ day of _____, 2023, by and between the City of Grand Island hereinafter referred to as “Covered Entity,” and EMS Management & Consultants, Inc., hereinafter referred to as “Business Associate” (individually, a “Party” and collectively, the “Parties”). WITNESSETH: WHEREAS, the Parties wish to enter into a Business Associate Addendum to ensure compliance with the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Privacy and Security Rules”) (45 C.F.R. Parts 160 and 164); and WHEREAS, the Health Information Technology for Economic and Clinical Health (“HITECH”) Act of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, modified the HIPAA Privacy and Security Rules (hereinafter, all references to the “HIPAA Privacy and Security Rules” include all amendments thereto set forth in the HITECH Act and any accompanying regulations); and WHEREAS, the Parties have entered into a Billing Services Agreement (the “Agreement”) whereby Business Associate will provide certain services to Covered Entity and, pursuant to such Agreement, Business Associate may be considered a “business associate” of Covered Entity as defined in the HIPAA Privacy and Security Rules; and WHEREAS, Business Associate may have access to Protected Health Information or Electronic Protected Health Information (as defined below) in fulfilling its responsibilities under the Agreement; and WHEREAS, Covered Entity wishes to comply with the HIPAA Privacy and Security Rules, and Business Associate wishes to honor its obligations as a Business Associate to Covered Entity. THEREFORE, in consideration of the Parties’ continuing obligations under the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this Addendum. I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in this Addendum shall have the definitions set forth in the HIPAA Privacy and Security Rules. In the event of an inconsistency between the provisions of this Addendum and mandatory provisions of the HIPAA Privacy and Security Rules, as amended, the HIPAA Privacy and Security Rules in effect at the time shall control. Where provisions of this Addendum are different than those mandated by the HIPAA Privacy and Security Rules, but are nonetheless permitted by the HIPAA Privacy and Security Rules, the provisions of this Addendum shall control. The term “Breach” means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. The term “Breach” does not include: (1) any unintentional acquisition, access, or use of protected health information by any employee or individual acting under the authority of a covered entity Page 209 of 223 19 31822782v9 or business associate if (a) such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with the covered entity or business associate, and (b) such information is not further acquired, accessed, used, or disclosed by any person; or (2) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at same facility; and (3) any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person. The term “Electronic Health Record” means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. The term “HIPAA Privacy and Security Rules” refers to 45 C.F.R. Parts 160 and 164 as currently in effect or hereafter amended. The term “Protected Health Information” means individually identifiable health information as defined in 45 C.F.R § 160.103, limited to the information Business Associate receives from, or creates, maintains, transmits, or receives on behalf of, Covered Entity. The term “Electronic Protected Health Information” means Protected Health Information which is transmitted by or maintained in Electronic Media (as now or hereafter defined in the HIPAA Privacy and Security Rules). The term “Secretary” means the Secretary of the Department of Health and Human Services. The term “Unsecured Protected Health Information” means Protected Health Information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in guidance published in the Federal Register at 74 Fed. Reg. 19006 on April 27, 2009 and in annual guidance published thereafter. II. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE a. Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement or this Addendum, provided that such use or disclosure would not violate the HIPAA Privacy and Security Rules if done by Covered Entity. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what constitutes “minimum necessary” for purposes of the HIPAA Privacy and Security Rules, Business Associate shall, to the extent practicable, disclose only Protected Health Information that is contained in a limited data set (as defined in Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless the person or entity to whom Business Associate is making the disclosure requires certain direct identifiers in order to accomplish the intended purpose of the disclosure, in which event Business Associate may disclose only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the disclosure. b. Business Associate may use Protected Health Information in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of Business Associate, provided that such uses are permitted under state and federal confidentiality laws. c. Business Associate may disclose Protected Health Information in its possession to third parties for the purposes of its proper management and administration or to fulfill any present or future legal responsibilities of Business Associate, provided that: Page 210 of 223 20 31822782v9 1. the disclosures are required by law; or 2. Business Associate obtains reasonable assurances from the third parties to whom the Protected Health Information is disclosed that the information will remain confidential and be used or further disclosed only as required by law or for the purpose for which it was disclosed to the third party, and that such third parties will notify Business Associate of any instances of which they are aware in which the confidentiality of the information has been breached. d. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what constitutes “minimum necessary” for purposes of the HIPAA Privacy and Security Rules, Business Associate shall, to the extent practicable, access, use, and request only Protected Health Information that is contained in a limited data set (as defined in Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless Business Associate requires certain direct identifiers in order to accomplish the intended purpose of the access, use, or request, in which event Business Associate may access, use, or request only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the access, use, or request. Covered Entity shall determine what quantum of information constitutes the “minimum necessary” amount for Business Associate to accomplish its intended purposes. e. Business Associate may use Protected Health Information to de-identify such information in accordance with 45 C.F.R. § 164.514(b) for Business Associate’s own business purposes or in connection with the services provided pursuant to the Agreement or to provide Data Aggregation services to Customer as permitted by 45 C.F.R. 164.504(e)(2)(i)(b). Once the Protected Health Information has been de- identified or aggregated, it is no longer considered Protected Health Information governed by this Addendum. III. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Business Associate acknowledges and agrees that all Protected Health Information that is created or received by Covered Entity and disclosed or made available in any form, including paper record, oral communication, audio recording, and electronic display by Covered Entity or its operating units to Business Associate or is created or received by Business Associate on Covered Entity’s behalf shall be subject to this Addendum. b. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement, this Addendum or as required by law. c. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as provided for by this Addendum. Specifically, Business Associate will: 1. implement the administrative, physical, and technical safeguards set forth in Sections 164.308, 164.310, and 164.312 of the HIPAA Privacy and Security Rules that reasonably and appropriately protect the confidentiality, integrity, and availability of any Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, and, in accordance with Section 164.316 of the HIPAA Privacy and Security Rules, implement and maintain reasonable and appropriate policies and procedures to enable it to comply with the requirements outlined in Sections 164.308, 164.310, and 164.312; and 2. report to Covered Entity any use or disclosure of Protected Health Information not provided for by this Addendum of which Business Associate becomes aware. Business Associate shall report to Covered Entity any Security Incident of which it becomes aware. Notice is deemed to have been Page 211 of 223 21 31822782v9 given for unsuccessful Security Incidents, such as (i) “pings” on an information system firewall; (ii) port scans; (iii) attempts to log on to an information system or enter a database with an invalid password or user name; (iv) denial-of-service attacks that do not result in a server being taken offline; or (v) malware (e.g., a worms or a virus) that does not result in unauthorized access, use, disclosure, modification or destruction of Protected Health Information. d. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Addendum to Business Associate with respect to such information. e. Business Associate agrees to comply with any requests for restrictions on certain disclosures of Protected Health Information to which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and Security Rules and of which Business Associate has been notified by Covered Entity. In addition, and notwithstanding the provisions of Section 164.522 (a)(1)(ii), Business Associate agrees to comply with an individual’s request to restrict disclosure of Protected Health Information to a health plan for purposes of carrying out payment or health care operations if the Protected Health Information pertains solely to a health care item or service for which Covered Entity has been paid by in full by the individual or the individual’s representative. f. At the request of the Covered Entity and in a reasonable time and manner, not to extend ten (10) business days, Business Associate agrees to make available Protected Health Information required for Covered Entity to respond to an individual’s request for access to his or her Protected Health Information in accordance with Section 164.524 of the HIPAA Privacy and Security Rules. If Business Associate maintains Protected Health Information electronically, it agrees to make such Protected Health Information available electronically to the applicable individual or to a person or entity specifically designated by such individual, upon such individual’s request. g. At the request of Covered Entity and in a reasonable time and manner, Business Associate agrees to make available Protected Health Information required for amendment by Covered Entity in accordance with the requirements of Section 164.526 of the HIPAA Privacy and Security Rules. h. Business Associate agrees to document any disclosures of and make Protected Health Information available for purposes of accounting of disclosures, as required by Section 164.528 of the HIPAA Privacy and Security Rules. i. Business Associate agrees that it will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity, available to the Secretary for the purpose of determining Covered Entity’s compliance with the HIPAA Privacy and Security Rules, in a time and manner designated by the Secretary, subject to attorney-client and other applicable privileges. j. Business Associate agrees that, while present at any Covered Entity facility and/or when accessing Covered Entity’s computer network(s), it and all of its employees, agents, representatives and subcontractors will at all times comply with any network access and other security practices, procedures and/or policies established by Covered Entity including, without limitation, those established pursuant to the HIPAA Privacy and Security Rules. k. Business Associate agrees that it will not directly or indirectly receive remuneration in exchange for any Protected Health Information of an individual without the written authorization of the individual or the individual’s representative, except where the purpose of the exchange is: Page 212 of 223 22 31822782v9 1. for public health activities as described in Section 164.512(b) of the Privacy and Security Rules; 2. for research as described in Sections 164.501 and 164.512(i) of the Privacy and Security Rules, and the price charged reflects the costs of preparation and transmittal of the data for such purpose; 3. for treatment of the individual, subject to any further regulation promulgated by the Secretary to prevent inappropriate access, use, or disclosure of Protected Health Information; 4. for the sale, transfer, merger, or consolidation of all or part of Business Associate and due diligence related to that activity; 5. for an activity that Business Associate undertakes on behalf of and at the specific request of Covered Entity; 6. to provide an individual with a copy of the individual’s Protected Health Information pursuant to Section 164.524 of the Privacy and Security Rules; or 7. other exchanges that the Secretary determines in regulations to be similarly necessary and appropriate as those described in this Section III.k. l. Business Associate agrees that it will not directly or indirectly receive remuneration for any written communication that encourages an individual to purchase or use a product or service without first obtaining the written authorization of the individual or the individual’s representative, unless: 1. such payment is for a communication regarding a drug or biologic currently prescribed for the individual and is reasonable in amount (as defined by the Secretary); or 2. the communication is made on behalf of Covered Entity and is consistent with the terms of this Addendum. m. Business Associate agrees that if it uses or discloses patients’ Protected Health Information for marketing purposes, it will obtain such patients’ authorization before making any such use or disclosure. n. Business Associate agrees to implement a reasonable system for discovery of breaches and method of risk analysis of breaches to meet the requirements of HIPAA, The HITECH Act, and the HIPAA Regulations, and shall be solely responsible for the methodology, policies, and procedures implemented by Business Associate. o. State Privacy Laws. Business Associate shall understand and comply with state privacy laws to the extent that state privacy laws are not preempted by HIPAA or The HITECH Act. IV. BUSINESS ASSOCIATE’S MITIGATION AND BREACH NOTIFICATION OBLIGATIONS a. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Addendum. Page 213 of 223 23 31822782v9 b. Following the discovery of a Breach of Unsecured Protected Health Information, Business Associate shall notify Covered Entity of such Breach without unreasonable delay and in no case later than forty-five (45) calendar days after discovery of the Breach. A Breach shall be treated as discovered by Business Associate as of the first day on which such Breach is known to Business Associate or, through the exercise of reasonable diligence, would have been known to Business Associate. c. Notwithstanding the provisions of Section IV.b., above, if a law enforcement official states to Business Associate that notification of a Breach would impede a criminal investigation or cause damage to national security, then: 1. if the statement is in writing and specifies the time for which a delay is required, Business Associate shall delay such notification for the time period specified by the official; or 2. if the statement is made orally, Business Associate shall document the statement, including the identity of the official making it, and delay such notification for no longer than thirty (30) days from the date of the oral statement unless the official submits a written statement during that time. Following the period of time specified by the official, Business Associate shall promptly deliver a copy of the official’s statement to Covered Entity. d. The Breach notification provided shall include, to the extent possible: 1. the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed during the Breach; 2. a brief description of what happened, including the date of the Breach and the date of discovery of the Breach, if known; 3. a description of the types of Unsecured Protected Health Information that were involved in the Breach, if known (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); 4. any steps individuals should take to protect themselves from potential harm resulting from the Breach; and 5. a brief description of what Business Associate is doing to investigate the Breach, to mitigate harm to individuals, and to protect against any further Breaches. e. Business Associate shall provide the information specified in Section IV.d., above, to Covered Entity at the time of the Breach notification if possible or promptly thereafter as information becomes available. Business Associate shall not delay notification to Covered Entity that a Breach has occurred in order to collect the information described in Section IV.d. and shall provide such information to Covered Entity even if the information becomes available after the forty-five (45)-day period provided for initial Breach notification. V. OBLIGATIONS OF COVERED ENTITY a. Upon request of Business Associate, Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with Section 164.520 of the HIPAA Privacy and Security Rules. Page 214 of 223 24 31822782v9 b. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by an individual to use or disclose Protected Health Information, if such changes affect Business Associate’s permitted or required uses and disclosures. c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information to which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and Security Rules, and Covered Entity shall inform Business Associate of the termination of any such restriction, and the effect that such termination shall have, if any, upon Business Associate’s use and disclosure of such Protected Health Information. VI. TERM AND TERMINATION a. Term. The Term of this Addendum shall be effective as of the date first written above, and shall terminate upon the later of the following events: (i) in accordance with Section VII.c., when all of the Protected Health Information provided by Covered Entity to Business Associate or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity or, if such return or destruction is infeasible, when protections are extended to such information; or (ii) upon the expiration or termination of the Agreement. b. Termination for Cause. Upon Covered Entity’s knowledge of a material breach of this Addendum by Business Associate and Business Associate’s failure to cure such breach within thirty (30) days of receiving notice of same from Covered Entity, Covered Entity shall have the right to terminate this Addendum and the Agreement. c. Effect of Termination. 1. Except as provided in paragraph 2. of this subsection, upon termination of this Addendum, the Agreement or upon request of Covered Entity, whichever occurs first, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Neither Business Associate nor its subcontractors or agents shall retain copies of the Protected Health Information. 2. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible and shall extend the protections of this Addendum to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. VII. MISCELLANEOUS a. No Rights in Third Parties. Except as expressly stated herein, the Parties to this Addendum do not intend to create any rights in any third parties. b. Survival. The obligations of Business Associate under Section VII(c) of this Addendum shall survive the expiration, termination, or cancellation of this Addendum, the Agreement, and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein. Page 215 of 223 25 31822782v9 c. Amendment. This Addendum may be amended or modified only in a writing signed by the Parties. The Parties agree that they will negotiate amendments to this Addendum to conform to any changes in the HIPAA Privacy and Security Rules as are necessary for Covered Entity to comply with the current requirements of the HIPAA Privacy and Security Rules. In addition, in the event that either Party believes in good faith that any provision of this Addendum fails to comply with the then-current requirements of the HIPAA Privacy and Security Rules or any other applicable legislation, then such Party shall notify the other Party of its belief in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Addendum, if necessary to bring it into compliance. If, after such thirty (30)-day period, the Addendum fails to comply with the HIPAA Privacy and Security Rules or any other applicable legislation, then either Party has the right to terminate this Addendum and the Agreement upon written notice to the other party. d. Independent Contractor. None of the provisions of this Addendum are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Addendum and any other agreements between the Parties evidencing their business relationship. e. Interpretation. Any ambiguity in this Addendum shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Privacy and Security Rules. f. Certain Provisions Not Effective in Certain Circumstances. The provisions of this Addendum relating to the HIPAA Security Rule shall not apply to Business Associate if Business Associate does not receive any Electronic Protected Health Information from or on behalf of Covered Entity. g. Ownership of Information. Covered Entity holds all right, title, and interest in and to the PHI and Business Associate does not hold and will not acquire by virtue of this Addendum or by virtue of providing goods or services to Covered Entity, any right, title, or interest in or to the PHI or any portion thereof. h. Entire Agreement. This Addendum is incorporated into, modifies and amends the Agreement, inclusive of all other prior amendments or modifications to such Agreement. The terms and provisions of this Addendum shall control to the extent they are contrary, contradictory or inconsistent with the terms of the Agreement. Otherwise, the terms and provisions of the Agreement shall remain in full force and effect and apply to this Addendum. Page 216 of 223 26 31822782v9 IN WITNESS WHEREOF, the Parties have executed this Addendum as of the day and year written above. Each person whose signature appears hereon represents, warrants and guarantees that he/she has been duly authorized and has full authority to execute this Agreement on behalf of the party on whose behalf this Agreement is executed. Business Associate: Covered Entity: EMS Management & Consultants, Inc. City of Grand Island By: _________________________________ By: _________________________________ Print: ________________________________ Print: ________________________________ Title: ________________________________ Title: ________________________________ Date: _____________________________ Date: _____________________________ Page 217 of 223 R E S O L U T I O N 2023-112 WHEREAS, the City of Grand Island advertised a request for proposal for EMS billing services; and WHEREAS, the City received and reviewed proposals from vendors; and WHEREAS, EMS Management & Consultants is the recommended vendor to provide EMS billing services for the fire department; and WHEREAS, EMS Management & Consultants will charge the City of Grand Island a fee as stated in the contract which is based on net cash collected. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the contract with EMS Management & Consultants. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 218 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 12.a. Subject: #9927 - Consideration of Amending Grand Island City Code 4-19 regarding Alcohol Consumption on City Owned Property Staff Contact: Stacy Nonhof BACKGROUND: The City owns both the Heartland Public Shooting Park and the Plaza located at Pine and 3rd Street which are used for various events . The City previously entered into an agreement with Railside BID regarding the oversight/rental of the use of the Plaza. During the course of drafting that agreement, it was decided that an amendment to Grand Island City Code is needed to allow for alcohol consumption at these two locations on a limited basis. DISCUSSION: Grand Island City Code currently prohibits the consumption or possession of any alcoholic beverage on or in City owned property designated as a city park or playground. The changes to this section of Code will add any "plaza" owned by the City along with allowing alcohol only in certain documented and permitted situations. There are use agreements for both the Plaza and HPSP that the event organizer will have to comply with for alcohol being allowed. Users must have the proper liquor licensing along with insurance and will assume all responsibility for the compliance of the patrons. At HPSP, it will be required that no patron will be allowed back onto any range after consuming alcohol. The responsibility for compliance is on the event organizer also. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue presented in this motion. Page 219 of 223 RECOMMENDATION: City Administration recommends that the Council adopt the Ordinance as written. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 220 of 223 ORDINANCE NO. 9927 An ordinance to amend Chapter 4 of Grand Island City Code; to amend Section 4- 19; to clarify and/or make general corrections to various code sections, 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. Section 4-19 of the Grand Island City Code Chapter 4 is amended to read as follows: §4-99 Possession in Parks Prohibited It shall be unlawful for any person to have in his/her possession or physical control any alcoholic liquors upon any of the property belonging to the City designated as a city park, playground or plaza. This section shall not apply to events authorized or sponsored by the Railside BID for use of the plaza located at Pine Street and 3rd Street, Grand Island, Nebraska. Any user shall comply with all terms of the Railside BID use agreement and shall have the appropriate liquor licensing for said use. This section shall not apply to events authorized or sponsored by the Heartland Public Shooting Park located at 6788 W. Husker Highway, Alda, Nebraska. Any user shall comply with all terms of the Heartland Public Shooting Park Event User Agreement and all other rules and regulations of the Park. The user shall have the appropriate liquor licensing for said use. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect fifteen (15) days from and after its passage and publication pursuant to law. Page 221 of 223 ORDINANCE NO. 9927 (Cont.) - 2 - Enacted: April 25, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 222 of 223 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: April 25, 2023 Item #: 13.a. Subject: Strategy Session Regarding City Administrator Selection Discussion Staff Contact: Aaron Schmid BACKGROUND: The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 223 of 223