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06-13-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of June 13, 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 Jeff Pedersen, St. Pauls Lutheran Church, 1515 South Harrison Street 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. BOARD OF EQUALIZATION a. 2023-BE-2 - Consideration of Determining Revisions for Connection Fees for Water Main District 398T 9. CONSENT AGENDA a. Approving Minutes of May 23, 2023 b. Approving Minutes of Special Study Session (Council Retreat) of June 3, 2023 c. Approving Payment of Claims for the Period of May 24, 2023 through June 13, 2023 for a total amount of $6,032,388.10. d. #2023-136 - Approving Changing the Name of Gold Core Drive to Gold Core Road e. #2023-137 - Approving the Re-allocation of Utility Electrician to Instrument Technician f. #2023-138 - Approving Revisions for Connection Fees for Water Main District 398T g. #2023-139 - Approve Purchase FARO Crime Scene Mapping Tool for Police Department h. #2023-140 - Approving Purchase of TruNarc Drug Detention Equipment for Police Department Page 1 of 204 i. #2023-141 - Approving Interlocal Agreement with Hall County for 2023 Asphalt Resurfacing j. #2023-142 - Approving Bid Award for Annual Supply of Road Deicing Salt 2023-2024 k. #2023-143 - Approving Agreement with NDOT for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2024 Fiscal Year Transportation Planning Program l. #2023-144 - Approving Change Order No. 4 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 m. #2023-145 - Approving Request for Contract/Document Management Software n. #2023-146 - Approving Proposal for Life, AD&D, and Supplemental Life Insurance Provider 10. PUBLIC HEARINGS a. Public Hearing on the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan #2023-147 - Consideration of Approving Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan b. Public Hearing on Proposed Blighted and Substandard Area 37 for Approximately 9 Acres Located in central Grand Island south of Faidley Avenue between Carey Avenue and White Avenue (Phil Beckett and Stephen Steck) #2023-148 - Consideration of Approving Proposed Blighted and Substandard Area 37 for Approximately 9 Acres Located in central Grand Island south of Faidley Avenue between Carey Avenue and White Avenue (Phillip Beckett and Stephen Steck) c. Public Hearing on Request from GSI Engineering, LLC for a Conditional Use Permit to Continue Operations of a Remediation System to Address Petroleum Contamination located at 2028 East Highway 30 #2023-149 - Consideration of Request from GSI Engineering, LLC for a Conditional Use Permit to Continue Operations of a Remediation System to Address Petroleum Contamination located at 2028 East Highway 30 11. REQUEST AND REFERRALS 12. RESOLUTIONS a. #2023-150 - Consideration of Approving Economic Development Incentive Agreement with GIX Logistics, Inc. 13. ORDINANCES a. #9929 - Consideration of Revisions to Chapter 35 of the City Code - Water b. #9930 - Consideration of Revisions to Chapter 15 of the City Code - Electricity c. #9931 - Consideration of Approving Salary Ordinance 14. OTHER ITEMS Page 2 of 204 The City Council may vote to go into Closed Session on any agenda item as allowed by state law. A continuously current agenda is maintained in the office of the City Clerk. Inquiries and correspondence concerning the City Council Agenda may be addressed to: RaNae Edwards, City Clerk (308) 385-5444 Ext. 111 P.O. Box 1968 Grand Island, NE 68802-1968 www.grand-island.com Page 3 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 8.a. Subject: 2023-BE-2 - Consideration of Determining Revisions for Connection Fees for Water Main District 398T Staff Contact: Ryan Schmitz BACKGROUND: The referenced District was completed in March 1992. The construction provided for the installation of a 20” diameter water main in North Road between Potash Hwy and Stolley Park Road. The main provides Municipal water service to the adjacent properties and was an integral part of general improvements to the water system. The work was done as a connection fee (tap) district. This is the standard method used by the City to recoup costs when water mains are installed along undeveloped lands. Those fees are due when a property “taps” the main for service. Connection fees were based on the cost of an 8” diameter main, the minimum size necessary to serve the potable needs of properties adjacent to the main. Due to the various sizes of the tracts of land within the District’s boundary, half of the fee was based on front footage and half on square footage for each tract. DISCUSSION: At the time of construction, the entire NE1/4 of the NE1/4 of Section 23 T11N R10W, with the exception of a 300’ x 330’ lot in the SE corner, was a single tract of land. As the property was vacant, without any service taps being made, the connection fee remained outstanding. Recently, the Western part of this tract was purchased by 3MJR, LLC, and platted as Jaxson Subdivision. The re-configuration of the original assessment now has four subdivided lots and two parcels of land adjacent to Old Potash Highway and North Road. Additionally, there are twelve lots that are not adjacent to either roadway but will be serviced by the aforementioned water main. Attached Exhibit A shows the existing lots and parcels. Page 4 of 204 Therefore, to provide equity in repayment of connection fees due from District 398T, it is recommended that the Council reconvene as a Board of Equalization for Lots 1 through 16 of Jaxson Subdivision, Parcel No. 400201001, and Parcel No. 400200933. The original connection fees were computed on 1/2 square footage and 1/2 front footage for each tract of land. The square foot cost was $0.0315948 and the front foot cost is $8.7037317. Below are the fees as originally figured for the original assessment on the land: Subdivision/Section Sq Ft Front Foot Sq Ft Fee FF Fee Total Fee N377.18' of NE1/4NE1/4 and E333' of NE1/4NE1/4, except the Southerly 300' Sec 23-11-10 647,163 2,274.0 $20,446.99 $19,792.29 $40,239.28 It is suggested that the original connection fee of $40,239.28 be divided between Jaxson Subdivision, Parcel No. 400201001, and Parcel No. 400200933 on front footage. Furthermore, the assessment allocated to Jaxson Subdivision should be equally distributed across the sixteen platted lots on a square foot basis. This computes to $0.04875 per square foot and provides equity for the newly subdivided properties. Subdivision/Section Lot Sq Ft FF Total Fee Jaxson Subdivision 1 18,856.94 $ 919.30 Jaxson Subdivision 2 15,876.00 $ 773.98 Jaxson Subdivision 3 15,876.00 $ 773.98 Jaxson Subdivision 4 15,876.00 $ 773.98 Jaxson Subdivision 5 24,992.72 $ 1,218.43 Jaxson Subdivision 6 24,992.06 $ 1,218.40 Jaxson Subdivision 7 24,991.40 $ 1,218.37 Jaxson Subdivision 8 29,032.96 $ 1,415.40 Jaxson Subdivision 9 24,511.24 $ 1,194.96 Jaxson Subdivision 10 21,560.00 $ 1,051.08 Jaxson Subdivision 11 21,560.00 $ 1,051.08 Jaxson Subdivision 12 21,560.00 $ 1,051.08 Jaxson Subdivision 13 18,267.70 $ 890.62 Jaxson Subdivision 14 18,268.81 $ 890.63 Jaxson Subdivision 15 18,268.92 $ 890.64 Jaxson Subdivision 16 20,304.56 $ 989.88 Parcel No. 400201001 1243.92 $ 22,472.23 Parcel No. 400200933 80.00 $ 1,445.24 Total $40,239.28 Page 5 of 204 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 set the revised connection fees for the properties within Water Main District 398T as listed above. SAMPLE MOTION: Move to approve the revised connection fees for properties within Water Main District 398T. ATTACHMENTS: 1. Affidavit 2. Resolution Page 6 of 204 Page 7 of 204 NOTICE OF BOARD OF EQUALIZATION HEARING Water Main District 398T Near Old Potash Highway and North Road Hall County, Nebraska NOTICE is hereby given to all persons owning real estate in Water Main District No. 398T in the City of Grand Island, Hall County, Nebraska, and to all persons interested, that the City Council of said City will sit as a Board of Equalization at the City Council Chambers on June 13, 2023 at 7:00 p.m., to determine benefits accruing to the respective lots, tracts, and parcels of land in said district to pay the cost of the water main improvements therein. All owners of real estate within said water main district, and all persons interested, will take notice of the time and place of the sitting of the Board of Equalization, at which time any person or persons may appear and show cause, if any there be, why assessments should not be made. By order of the City Council, Grand Island, Nebraska. RaNae Edwards, City Clerk Page 8 of 204 RESOLUTION 2023-122 WHEREAS, Water Main District 398T was completed in March 1992 and provided for the installation of a 20" diameter water main in North Road between Potash Highway and Stolley Park Road; and WHEREAS, the work done as a connection (tap) district; and WHEREAS, at the time of construction, the entire NE1/4 of the NEl/4 of Section 23 T11N R10W, with the exception of a 300' x 300' lot in the SE corner, was a single tract of land, with an outstanding connection fee; and WHEREAS, the original connection fee to the tract was $40,239.28; and WHEREAS, the western part of this tract was purchased by 3MJR, LLC, and platted as Jaxson Subdivision, consisting of sixteen (16) lots; and WHEREAS, it is recommended the connection fee be split between the current sixteen (16) lots, and 2(two) parcels, based on the redistribution of land. Water Main District No. 398T - Assessments Subdivisian Lat/Rercell # Qwner Assessrr nt Ja con Subd'nrisian 1 3M1R, LLC $ 919.3 Jaxvn Su divi ion 2 3M1R, LLC $ 773.98 Jaxon Subdivision 3 3M1R, LLC $ 773.8 Ja cvn Subdiuisian 4 3M1R, LLC $ 773.8 Jaxon Subdivisian 5 3N 1R, LLC $ 1,218.43 Jaxon Subd'nrision 6 3MJR, LLG $ 1,218.40 Jaxon Subd vision 7 3M1R, LLC 1,218.37 lanon Subdivision 8 3MJR, LLC $ 1,415.4t Jaxon Subd rision 9 3NUR, LLC $ 1,1 4.96 J on Subdnrision 10 3M1R, LLC $ 1,U51.Q8 Ja on Subd"nris on 11 3MJR, t1C $ 1,U51.U 8 J on Su dnrisian 12 3MJR, LLC $ 1,U51.t18 Jaxon Subdivision 13 3M1R, LLC $ 8.62 la con SuGdivision 14 MJR, LLC $ 890.5 Jaxon Subdivision 15 3M1R, LLC $ 890.64 J vn Subdivision 1fi 3M1R, LLC $ 38'9.88 hJnt Platted 4()OZU1001 City of Grand Island, Net ra5ka $?2,472.23 Not lafted A002U0933 City of Grand Islarrd, Nebraska $ 1,445.24 TO TAL 4,2,3.2 Page 9 of 204 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council will sit as a Board of Equalization on June 13, 2023, to re-establish connection fees for Water Main District No. 398T. Adopted by the City Council of the City of Grand Island, Nebraska, on May 9, 2023. Ro G. Steele, Mayor Attest: RaNae Edwards, City Clerk I Page 10 of 204 DRAFT *This Space Reserved for the Register of Deeds* R E S O L U T I O N 2023- BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2023- BE-x shall not be levied as special assessments, but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front footage and area of the respective lots, tracts, and real estate within such Water Main District No. 398T, such benefits are the sums set opposite the descriptions as follows: Water Main District No. 398T – Connection Fees Subdivision Lot/Parcel # Owner Connection Fee Jaxon Subdivision 1 3MJR, LLC $919.30 Jaxon Subdivision 2 3MJR, LLC $773.98 Jaxon Subdivision 3 3MJR, LLC $773.98 Jaxon Subdivision 4 3MJR, LLC $773.98 Jaxon Subdivision 5 3MJR, LLC $1,218.43 Jaxon Subdivision 6 3MJR, LLC $1,218.40 Jaxon Subdivision 7 3MJR, LLC $1,218.37 Jaxon Subdivision 8 3MJR, LLC $1,415.40 Jaxon Subdivision 9 3MJR, LLC $1,194.96 Jaxon Subdivision 10 3MJR, LLC $1,051.08 Jaxon Subdivision 11 3MJR, LLC $1,051.08 Jaxon Subdivision 12 3MJR, LLC $1,051.08 Jaxon Subdivision 13 3MJR, LLC $890.62 Jaxon Subdivision 14 3MJR, LLC $890.63 Jaxon Subdivision 15 3MJR, LLC $890.64 Jaxon Subdivision 16 3MJR, LLC $989.88 Page 11 of 204 Not Platted 400201001 City of Grand Island, Nebraska $22,472.23 Not Platted 400200933 City of Grand Island, Nebraska $1,445.24 TOTAL $40,239.28 --- Adopted by the City Council of the City of Grand Island, Nebraska, on June 13, 2023. Roger G. Steele, Mayor Attest: RaNae Edwards, City Clerk Page 12 of 204 Page 13 of 204 Page 14 of 204 R E S O L U T I O N 2023-BE-2 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 398T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $40,239.28; and Such benefits are equal and uniform; and According to the equivalent front footage and area of the respective lots, tracts, and real estate within such Water Main District No. 398T, such benefits are the sums set opposite the descriptions as follows: Water Main District No. 398T – Connection Fees Subdivision Lot/Parcel #Owner Connection Fee Jaxson Subdivision 1 3MJR, LLC $919.30 Jaxson Subdivision 2 3MJR, LLC $773.98 Jaxson Subdivision 3 3MJR, LLC $773.98 Jaxson Subdivision 4 3MJR, LLC $773.98 Jaxson Subdivision 5 3MJR, LLC $1,218.43 Jaxson Subdivision 6 3MJR, LLC $1,218.40 Jaxson Subdivision 7 3MJR, LLC $1,218.37 Jaxson Subdivision 8 3MJR, LLC $1,415.40 Jaxson Subdivision 9 3MJR, LLC $1,194.96 Jaxson Subdivision 10 3MJR, LLC $1,051.08 Jaxson Subdivision 11 3MJR, LLC $1,051.08 Jaxson Subdivision 12 3MJR, LLC $1,051.08 Jaxson Subdivision 13 3MJR, LLC $890.62 Jaxson Subdivision 14 3MJR, LLC $890.63 Jaxson Subdivision 15 3MJR, LLC $890.64 Jaxson Subdivision 16 3MJR, LLC $989.88 Not Platted 400201001 City of Grand Island, Nebraska $22,472.23 Not Platted 400200933 City of Grand Island, Nebraska $1,445.24 TOTAL $40,239.28 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the Page 15 of 204 connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. --- Adopted by the City Council of the City of Grand Island, Nebraska, on June 13, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Page 16 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.a. Subject: Approving Minutes of May 23, 2023 Staff Contact: BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 17 of 204 City Council Meeting Minutes Regular Meeting May 23, 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 May 23, 2023. Notice of the meeting was given in The Grand Island Independent on May 17, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Maggie Mendoza and Jason Conley were absent. The following City Officials were present: City Clerk RaNae Edwards, Deputy City Clerk Jill Granere, Interim City Administrator Laura McAloon, Deputy Finance Director Brian Schultz and Interim Public Works Director Keith Kurz. 2. INVOCATION Pastor Tim Rust, Destiny Church, 4306 US Highway 30. 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.Recognition of Sergeant Trent Hill for 25 Years of Service with the Grand Island Police Department. Mayor Steele and the City Council recognized Sergeant Trent Hill for 25 Years of Service with the Grand Island Police Department. Police Chief Kevin Denney and Sergeant Hill were present for the presentation. b.Recognition of Swearing-In Officer Brandon Otto of the Grand Island Police Department. Page 18 of 204 Page 2, City Council Regular Meeting, May 9, 2023 Police Chief Kevin Denney swore in Officer Brandon Otto. c. City Financials Update Assistant Finance Director Brian Schultz Gave an update on the April 2023 Financials. He reported the Conference Board Economic forecast for the US Economy as of May 10, 2023 forecasted weaknesses emerging in some parts of the economy would grow larger and more diffuse over the coming months, leading to a recession. Year to date (YTD) Sales tax receipts for the General Fund for fiscal year 2023 was positive at 5.8% or $547k. This reflected the receipts of sales tax collections in the month of February. 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 7.8% more than the same period last year. YTD Licenses & Permits receipts were down 10.0% over the same period last year. Motor Vehicle Sales Tax and Motor Vehicle Tax revenues were still strong at 8.2% growth over FY2022. Food and Beverage Occupation Tax continued to do well. YTD Food & Beverage Tax was up by 18.1% or $282k. Reviewed were the expenses. He stated the operating expenses in the General Fund were trending as expected. Personnel Services were expected to increase during the upcoming warm months. 8. CONSENT AGENDA Motion by Mike Paulick, second by Doug Lanfear to approve the Consent Agenda. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. a. Approving Minutes of May 9, 2023 City Council Regular Meeting. b. Approving Payment of Claims for the Period of May 10, 2023 through May 23 2023 for a total amount of $7,761,251.92. c. #2023-128 - Approving Final Plat and Subdivision Agreement for Prairie Commons Sixth Subdivision. d. #2023-129 - Approving Request for Police to Purchase Four (4) Additional APX In-Car Radios from Motorola Solutions in an Amount of $33,560.00. e. #2023-130 – Approving Bid Award for Stolley Park Paving Improvements Phase I with J.I.L. Asphalt Paving Co. of Grand Island, Nebraska in an Amount of $289,088.10. f. #2023-131 – Approving Amendment No. 3 for Various Locations Drainage Projects with JEO Consulting Group, Inc. of Grand Island, Nebraska for an Increase of $55,785.00 and a Revised Contract Amount of $179,695.00. Page 19 of 204 Page 3, City Council Regular Meeting, May 9, 2023 9. PUBLIC HEARINGS a. Public Hearing on Zoning Change for property located south of 13th Street between Diers Avenue and the Moore’s Creek Drainway from B2 General Business to RD – Residential Development Zone (Concord Investments, LLC). Regional Planning Director Chad Nabity reported that Concord Investments, LLC owned 20+ acres and was requesting to rezone 8.2 acres of land south of 13th Street, between Diers Avenue and Moore’s Creek Drainway from B-2 General Business to RD Residential Development Zone. The purpose was to build 84 units of housing in one and two unit buildings clustered on 5 lots. Staff recommended approval contingent upon final inspections. Tim O’Neill, attorney representing Concord Investments, LLC spoke in support. No further public testimony was heard. #9928 – Consideration of Approving Zoning Change for Properties located south of 13th Street between Diers Avenue and the Moore’s Creek Drainway from B2 General Business to RD – Residential Development Zone (Concord Investments, LLC). Motion to suspend the rules was moved by Mitch Nickerson, seconded by Doug Lanfear. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. Moved by Doug Lanfear, seconded by Mitch Nickerson to approve Ordinance #9928 Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. Discussion was held regarding the roundabout at this location and when it would be completed. Interim Public Works Director Keith Kurz stated they had been working on the design for a couple of years and should be completed when the construction of this property was completed. #2023-132 - Approving Preliminary, Final Plat and Subdivision Agreement for Crane Valley Tenth Subdivision Motion by Mark Stelk, second by Doug Lanfear to approve Resolution #2023-132. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. b. Public Hearing on Acquisition of Sidewalk Easement at 2215 West 2nd Street (Roebuck Enterprises, LLC). Interim Public Works Director Keith Kurz reported that as part of the City’s annual curb ramp project, one location did not have quite enough public right-of-way for the installation. The Page 20 of 204 Page 4, City Council Regular Meeting, May 9, 2023 property owner had signed the necessary document to grant a public sidewalk easement as no cost to the City. No public testimony was heard. #2023-133 - Approving Acquisition of Sidewalk Easement at 2215 West 2nd Street (Roebuck Enterprises, LLC). Motion by Doug Lanfear, second by Mark Stelk to approve Resolution #2023-133. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. 10. REQUEST AND REFERRALS 11. RESOLUTIONS a. #2023-134 – Consideration of Approving the Expenditure of KENO Funds for Stolley Park Garden Lights. Parks and Recreation Director Todd McCoy reported that Friends of the Grand Island Parks had spent $76,113 to revitalize Stolley Garden, with the goal of making it a destination garden for the citizens of Grand Island, as well as visitors to the community. A projected $100,000 would be spent on completing the remaining seven themed gardens. In addition to the themed garden, the project would be completed when the Celebration Circle and Celebration Pavilion become a reality. To support the Stolley Garden improvement project the Utility Department had indicated that they would be able to provide six (6) antique light poles currently in their inventory. The cost to provide and install the lights was approximately $50,000. The City Finance Department had indicated that there was adequate leftover budget authority from the downtown festoon project to cover the Stolley Garden light costs. Staff recommended approval. Vikki Duell spoke in support. Discussion was held regarding the lights. Parks and Recreation Director Todd McCoy answered questions regarding all the projects going on at Stolley Park. Interim City Administrator Laura McAllon stated the KENO funds could be used for this project. Motion by Bethany Guzinski, second by Doug Lanfear to approve Resolution #2023-134. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. b. #2023-135 – Consideration of Approving the Renaming of Kaufman Plaza. Interim City Administrator Laura McAloon reported that in recognition of Amur Equipment Finance, Inc. (Amur) contributions and support for this vital and vibrant public space, all of the parties involved had recommended the renaming of Kaufman Plaza as Amur Plaza. Staff recommended approval. Page 21 of 204 Page 5, City Council Regular Meeting, May 9, 2023 Tonja Brown commented on honoring the history of the Kaufman family with a totem/plaque at the plaza. Motion by Michelle Fitzke, second by Bethany Guzinski to approve Resolution #2023-135. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. 12. ORDINANCES 13. OTHER ITEMS a. Strategy Session Regarding Real Estate Motion by Doug Lanfear, second by Michelle Fitzke to adjourn to Executive Session at 7:59 p.m. for the purpose of a strategy session relative to Real Estate. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. Councilmember Mike Paulick was absent at 8:40 p.m. Motion by Michelle Fitzke, second by Jack Sheard to return to Regular Session at 8:45 p.m. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Maggie Mendoza and Jason Conley. Motion adopted. ADJOURN The meeting was adjourned at 8:45 p.m. RaNae Edwards City Clerk Page 22 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.b. Subject: Approving Minutes of Special Study Session (Council Retreat) of June 3, 2023 Staff Contact: Laura McAloon BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 23 of 204 City Council Meeting Minutes Council Chambers City Hall 100 East First Street Council Retreat of June 3, 2023 9:00 AM 1. CALL TO ORDER Pursuant to due call and notice thereof, a Special Study Session Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Reynolds Multipurpose Room, Stuhr Museum, 3133 U.S. Hwy 34, Grand Island, NE, on June 3, 2023. Notice of the meeting was given in The Grand Island Independent on May 27, 2023. Mayor Roger G. Steele called the meeting to order at 9:00 AM. The following City Council members were present: Mike Paulick, Michelle Fitzke, Mark Stelk, Mitchell Nickerson, Doug Lanfear, Jack Sheard, Bethany Guzinski and Chuck Haase. Councilmembers Maggie Mendoza and Jason Conley were absent. The following City Officials were present: Interim City Administrator Laura McAloon. 2. ITEMS FOR DISCUSSION a.Presentation and Training for Elected Officials L. Lynn Rex, Executive Director of the League of Nebraska Municipalities, provided training to the Mayor and City Council on the Open Public Meetings laws. Additional information on future training opportunities was provided, and all elected officials were provided with written materials on public records, records retention and civil discourse between elected officials and citizens. b.Goal Setting Exercise Interim City Administrator McAloon took the Mayor and Council through a series of questions and interactive exercises intended to develop common interests and provide staff with an initial set of broad goals for the next five years. A list of potential goals for the next five years and for the next year was developed and will be further reviewed and refined in a future study session meeting. Council members also requested another retreat following the hiring of the City Administrator and with department heads in attendance. 3.ADJOURN The meeting was adjourned at 2:07 p.m. Laura McAloon for RaNae Edwards City Clerk Page 24 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.c. Subject: Approving Payment of Claims for the Period of May 24, 2023 through June 13, 2023 for a total amount of $6,032,388.10. Staff Contact: BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 25 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.d. Subject: #2023-136 - Approving Changing the Name of Gold Core Drive to Gold Core Road Staff Contact: Chad Nabity BACKGROUND: The Platte Valley Industrial Park Third Subdivision was approved by the Grand Island City Council in December of 2000. The easterly most street in the subdivision between Schimmer Drive and Wildwood Drive was labeled on the plat as Gold Core Drive. The Gold Core group of students at Northwest High School suggested the name to the Grand Island Area Economic Development Corporation and they agreed to use the name. Since that time confusion with the U.S. Postal Service has led to businesses along the street to use addresses on Gold Core Road instead of Drive. It appears that the street designation was entered into the USPS system wrong from the start. DISCUSSION: This item surfaced because of discrepancies between the mailing addresses and street address along Gold Core that were discovered during routine fire inspections of the properties on this street. All of the fire records and building records indicate that this is Gold Core Drive as it was platted. There are some references to Gold Core Road in some of the records though. Verification of the address using the USPS system shows that they will deliver to Gold Core Road and that they do not recognize Gold Core Drive. Planning staff surveyed and visited the businesses along the street and discovered that all of them that receive mail at their physical location are using Gold Core Road. One business that is using Gold Core Drive receives their mail at a P.O. Box. After internal discussions City staff is of the opinion that it is in the best interest of all parties to officially change Gold Core Drive to Gold Core Road. This will be the least expensive and disruptive option. City offices can change their record with relative ease and the businesses along the street will not need to change their addresses or reprint business card and other materials. This resolution will recognize the name change and authorize the City Clerk to file the Page 26 of 204 resolution against the original plat and all subsequent plats so that there is a formal record on the property of the street name change. 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 RECOMMENDATION: City Administration recommends that the Council approve the resolution to change the name Gold Core Drive to Gold Core Road. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 27 of 204 R E S O L U T I O N 2023-136 A RESOLUTION TO CHANGE THE NAME OF GOLD CORE DRIVE TO GOLD CORE ROAD WITH IN THE PLATTE VALLEY INDUSTRIAL PARK SUBDIVISION AND AUTHORIZE THE CITY CLERK TO FILE AN AFFIDAVIT NOTIFYING THE PUBLIC OF SUCH CHANGE AGAINST THE PLATTED LOTS ADJACENT TO THE EXISTING STREET AT THE HALL COUNTY REGISTER OF DEEDS OFFICE. WHEREAS, The Grand Island City Council approved and authorized the Mayor to sign the Subdivision Plat for Platte Valley Industrial Park Third Subdivision at their meeting on December 19, 2000; and WHEREAS, at the time of approval the easterly most street between Schimmer Drive and Wildwood Drive was platted and name Gold Core Drive; and WHEREAS, since this approval some lots have been replatted into the Platte Valley Industrial Park Fourth, Sixth, Eighth, Ninth and Tenth Subdivisions; and WHEREAS, confusion has arisen regarding the name of the street Gold Core Drive vs. Gold Core Road; and WHEREAS, the United States Post Office does not recognize any addresses on Gold Core Drive but does recognize and deliver mail to those same addresses on Gold Core Road; and WHEREAS, all of the existing businesses except one are using Gold Core Road as their official postal address; and WHEREAS, city staff including, building department, fire department, planning department and public works department has reviewed and is recommending approval of the proposed name change to reduce confusion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, THAT GOLD CORE DRIVE SHALL HENCEFORTH BE KNOWN AS AND REFERRED TO AS GOLD CORE ROAD. BE IT FURTHER RESOLVED THAT THE CITY CLERK SHALL BE ATHORIZED TO FILE THIS RESOLUTION AS AN AFFIDAVIT TO THE PLATS FOR PLATTE VALLEY INDUSTRIAL PARK THIRD, FOURTH, SIXTH, EIGHTH, NINTH, AND TENTH, SUBDIVISIONS GIVING NOTICE TO THIS CHANGE. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. Page 28 of 204 - 2 - _______________________________________ Roger G. Steele, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Page 29 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.e. Subject: #2023-137 - Approving the Re-allocation of Utility Electrician to Instrument Technician Staff Contact: Ryan Schmitz, Aaron Schmid BACKGROUND: Utilities Department management routinely reviews its internal operations and staffing to improve efficiency. The retirement of a Utility Electrician has not been filled to evaluate the workload with the reduce staff. The evaluation and the forecasting of future workload has resulted in an analysis of both the Utility Electrician and Instrument Technician positions. The evaluation also included the potential future retirements and timeline to train new personnel. This analysis has indicated that an Instrument Technician skill set is a better fit to complete the current and future workload. DISCUSSION: The recommended reallocation will eliminate the unfilled Utility Electrician position and create a new Instrument Technician position. The additional Instrument Technician position will allow the production staff to complete the current workload in a more timely fashion and retain critical knowledge from existing Instrument Technicians that are close to retirement. 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. Page 30 of 204 RECOMMENDATION: City Administration recommends that the Council approve the reallocation from the Utility Electrician classification to the Instrument Technician classification. SAMPLE MOTION: Move to approve the reallocation from the Utility Electrician classification to the Instrument Technician classification. ATTACHMENTS: 1. Resolution Page 31 of 204 R E S O L U T I O N 2023-137 WHEREAS, the retirement of a Utility Electrician has not been filled to evaluate the workload with the reduced staff; and WHEREAS, the analysis has indicated that an Instrument Technician skill set is a better fit to complete the current and future workload; and WHEREAS, the recommended reallocation will eliminate the unfilled Utility Electrician position and create a new Instrument Technician position. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utility Electrician position be reclassified to an additional Instrument Technician position. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Page 32 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.f. Subject: #2023-138 - Approving Revisions for Connection Fees for Water Main District 398T Staff Contact: Ryan Schmitz BACKGROUND: The referenced District was completed in March 1992. The construction provided for the installation of a 20” diameter water main in North Road between Potash Hwy and Stolley Park Road. The main provides Municipal water service to the adjacent properties and was an integral part of general improvements to the water system. The work was done as a connection fee (tap) district. This is the standard method used by the City to recoup costs when water mains are installed along undeveloped lands. Those fees are due when a property “taps” the main for service. Connection fees were based on the cost of an 8” diameter main, the minimum size necessary to serve the potable needs of properties adjacent to the main. Due to the various sizes of the tracts of land within the District’s boundary, half of the fee was based on front footage and half on square footage for each tract. DISCUSSION: This item is to assess the benefits from the Board of Equalization. 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. Page 33 of 204 RECOMMENDATION: City Administration recommends that the Council set the revised connection fees for the properties within Water Main District 398T as listed above. SAMPLE MOTION: Move to approve the revised connection fees for properties within Water Main District 398T. ATTACHMENTS: 1. Resolution Page 34 of 204 *This Space Reserved for the Register of Deeds* R E S O L U T I O N 2023-138 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2023- BE-2 shall not be levied as special assessments, but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front footage and area of the respective lots, tracts, and real estate within such Water Main District No. 398T, such benefits are the sums set opposite the descriptions as follows: Water Main District No. 398T – Connection Fees Subdivision Lot/Parcel #Owner Connection Fee Jaxson Subdivision 1 3MJR, LLC $919.30 Jaxson Subdivision 2 3MJR, LLC $773.98 Jaxson Subdivision 3 3MJR, LLC $773.98 Jaxson Subdivision 4 3MJR, LLC $773.98 Jaxson Subdivision 5 3MJR, LLC $1,218.43 Jaxson Subdivision 6 3MJR, LLC $1,218.40 Jaxson Subdivision 7 3MJR, LLC $1,218.37 Jaxson Subdivision 8 3MJR, LLC $1,415.40 Jaxson Subdivision 9 3MJR, LLC $1,194.96 Jaxson Subdivision 10 3MJR, LLC $1,051.08 Jaxson Subdivision 11 3MJR, LLC $1,051.08 Jaxson Subdivision 12 3MJR, LLC $1,051.08 Jaxson Subdivision 13 3MJR, LLC $890.62 Jaxson Subdivision 14 3MJR, LLC $890.63 Jaxson Subdivision 15 3MJR, LLC $890.64 Jaxson Subdivision 16 3MJR, LLC $989.88 Not Platted 400201001 City of Grand Island, Nebraska $22,472.23 Not Platted 400200933 City of Grand Island, Nebraska $1,445.24 TOTAL $40,239.28 Page 35 of 204 --- Adopted by the City Council of the City of Grand Island, Nebraska, on June 13, 2023. ___________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 36 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.g. Subject: #2023-139 - Approve Purchase FARO Crime Scene Mapping Tool for Police Department Staff Contact: Kevin Denney, Jim Duering, Dean Elliott BACKGROUND: Currently, the Grand Island Police Department does not have the resources to accurately map a major crime scene. We must request and wait for assistance from outside our jurisdiction. Kearney Police Department and Nebraska State Patrol are the only two agencies that have this technology. This is all based on availability from these outside agencies. DISCUSSION: Purchasing this Faro Laser Scanner will increase the efficiency and effectiveness of how we investigate major crime scenes, thus serving our community better. This new technology decreases the time needed to reconstruct a crime scene and increases the effectiveness of the overall investigation. FISCAL IMPACT: This purchase was already approved by Council for this current fiscal year as part of our Capital Budget. This device is a crucial component in the Department's overall strategy for advancement in Technology. The Sole Source Provider quote from ZNET TECH LLC is $73,250.69. ALTERNATIVES: This product is strictly regulated and not sold on the open market. There are no similar or competitive vendors. RECOMMENDATION: The Grand Island Police Department recommends the purchase of the FARO Technology Scanner from ZNET TECH for $73,250.69. SAMPLE MOTION: The Grand Island Police Department purchases the FARO Technology Scanner from ZNET TECH for $73,250.69. ATTACHMENTS: Page 37 of 204 1. FARO Systems Quote documentation 2. FARO Systems Revised Quote 3. Resolution Page 38 of 204 Page 39 of 204 Page 40 of 204 Page 41 of 204 Page 42 of 204 Page 43 of 204 Page 44 of 204 Quote GSA Schedule 47QTCA18D003S 0523-12-Grand Isl Remit To: ZNet Tech, LLC Ship To:Grand Island Police Department PO BOX 213 131 S Locust St Olney, MD 20830 Address:Grand Island,NE,68801-6038 301 200-4715 office 301 200-4716 fax 2280290 CUST ID: BID / QUOTE:POINT OF CONTACT:BID DATE: Required Date F.O.B. TERMS 0523-12-Grand Isl Gary Block 202 262-8002 / garyb@znettech.com 1-Jun-23 4-6 weeks EXW Origin Net 30 DUNS: 610551637 TIN: 20-3728205 Cage: 499V5 Line Item Product Number Product Description GSA/Open Market Unit Price Quantity Extended Price LS9-HU FARO Focus Premium USA 1 40,759.00$ Laser Scanner Focus Premium ships with: 1x Focus Premium scanner head, 1x Status Indicator, 1x Quick Release, 1x Power Block Battery, 1x Battery Power Dock , 1x Power Supply, 1x 64GB High-Speed SD Card and reader, 1x rugged transport case, 1x calibration certificate, 1x quick start guide, manufacturer warranty ACCS-PWR-0014 3D_AC_LS_FocusS Battery Power Block 1 594.00$ Power Block battery for Focus laser scanner and Freestyle. ACCSS8032 3D_AC_LS_Standard Carbon Fiber Tripod 1 1,168.00$ Carbon fiber tripod, super lightweight, highly stable, low-vibration, customized for Focus scanners for perfect performance and increased durability SSA0900-3Y SSA0900-Scene 1 5,355.00$ SSA51007-3Y SSA51007-FARO Zone 3D Expert 1 4,771.00$ SV3-SCN-Y3 FOCUS Premium Ultimate Uptime Year 3 1 5,132.00$ Ultimate Uptime service coverage for Focus Premium scanners includes parts and labor for repair, annual cleaning and calibration, a loaner during calibration, and a loaner during all repairs. Covers through year 3 from point of sale. SOFTL0001 Single User SoftLock 2 -$ TR-SCN-POS-FOR-O OnSite Forensics Cust-Site Upg. 5 Day 1 8,890.00$ Available only at point of FARO system sale. Customer Site Upgrade - five day course that discusses forensic applications with FARO Scanner with FARO Software, setup, and basic measurements. Customer Site Trainings are designed for up to 4 people to ensure proper transfer of knowledge and understanding. Price per class. Training days must be taken together on consecutive days, and cannot be split into individual days. TR-FZ3-COR FZ Core 1 -$ Two consecutive day, consisting of four-hour virtual classroom training. The FARO Zone 3D Core training is specifically designed to assist new users. TR-SCN-POS Laser Scanner Tr. - FARO Fac. - Inc 1 -$ Available only at point of FARO system sale. Includes training for 2 Trainees. ACCSS0299 80Mm Koppa Target Set 1 1,120.00$ A combination set of 12 x 80mm targets with rubber o-rings to secure the sphere to the 1/4" trajectory rods. All shipped in a plastic storage crate. ACCSS0287 200mm Koppa Target W/ Tripod Mount Kit 1 2,980.00$ ACCSS6069 3D_AC_LS_3D-Scale Bar Kit 1 2,249.00$ Page 45 of 204 Quote GSA Schedule 47QTCA18D003S 0523-12-Grand Isl Remit To: ZNet Tech, LLC Ship To:Grand Island Police Department PO BOX 213 131 S Locust St Olney, MD 20830 Address:Grand Island,NE,68801-6038 301 200-4715 office 301 200-4716 fax 2280290 CUST ID: BID / QUOTE:POINT OF CONTACT:BID DATE: Required Date F.O.B. TERMS 0523-12-Grand Isl Gary Block 202 262-8002 / garyb@znettech.com 1-Jun-23 4-6 weeks EXW Origin Net 30 DUNS: 610551637 TIN: 20-3728205 Cage: 499V5 Line Item Product Number Product Description GSA/Open Market Unit Price Quantity Extended Price The 3D Measurement Scale Bar is used as a reference point in scans to verify scan accuracy. NIST Traceable, the certified distance between the spheres is 1.5 meters. The scale bar has two 70 mm spheres mounted on a 31.75 mm (1.25") diameter rod. The spheres on the Scale Bar can also serve as near-distance (under 5 m) targets. The Scale Bar comes in two pieces, that are easily assembled at the scan scene. The Scale Bar Kit includes the Scale Bar, case, and a clamp that allows the scale bar to be mounted onto a standard photography tripod. ACCSS6079 3D-Scale Bar Tripod 1 195.00$ The Scale Bar Tripod allows the Scale Bar to be securely positioned in a scan scene. This tripod is not intended to hold the Scanne ZNet Tech, LLC. Small Business 47QTCA18D003S SUBTOTAL 73,213.00$ S&H 37.69$ Thank you for considering ZNet Tech, LLC.. TOTAL 73,250.69$ Page 46 of 204 R E S O L U T I O N 2023-139 WHEREAS, the City has approved The Grand Island Police Department’s budget authority, in our capital expenditures for the purchase of a Crime Scene Scanner; and WHEREAS, the Grand Island Police Department received a quote from ZNET TECH LLC for the FARO Focus Laser Scanner, which is a sole source provider with a Federal GSA contract; and WHEREAS, the Police Department desires to purchase one (1) FARO Focus Laser Scanner, complete with onsite training for $73,250.69. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of one (1) FARO Focus Laser Scanner, complete with onsite training for $73,250.69. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 47 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.h. Subject: #2023-140 - Approving Purchase of TruNarc Drug Detention Equipment for Police Department Staff Contact: Kevin Denney, Jim Duering, Dean Elliott BACKGROUND: Currently, the Grand Island Police Department does not have the resources to test the various controlled substances encountered on the street and prior to being placed into evidence, without having to physically handle them and taking small samples for field testing. These field tests help to identify the type of drug the officers are dealing with. It also helps to ensure correct charging of crimes should the material be a controlled substance. DISCUSSION: Purchasing this TruNarc handheld narcotics analyzer from Thermo Fisher Scientific will increase officer safety as we are seeing more and more substances containing Fentanyl, allow officers to easily and quickly identify the material without having to physically take a sample or open certain packaging, and have a more accurate identification for criminal charging purposes. The TruNarc is capable of scanning more than 530 suspected controlled substances in a single, definitive test. FISCAL IMPACT: This purchase was already approved by Council for this current fiscal year as part of our Capital Budget. This device will allow the Police Department to transition from needing to purchase numerous other different field test kits which sometimes requires testing samples from the same material to determine what composition is. The quote from Thermo Fisher Scientific of $36,779.57 includes the device, on-site training, software updates, and an extended 5+1 year unlimited warranty. ALTERNATIVES: This product is strictly regulated and only sold for law enforcement purposes. It is not sold on the open market and, other than government contracts such as the identified GSA Contract, it is only sold by Thermo Fisher Scientific. Page 48 of 204 RECOMMENDATION: The Grand Island Police Department recommends the purchase of the TruNarc handheld narcotics analyzer from Thermo Fisher Scientific for $36,779.57. SAMPLE MOTION: The Grand Island Police Department purchased the TruNarc handheld narcotics analyzer from Thermo Fischer Scientific for $36,779.57. ATTACHMENTS: 1. Trunarc quote 2. Resolution Page 49 of 204 Page 1 / 8 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Sales Quotation Quote Number Created Date Exp. Delivery Terms Page 00307159 05/31/2023 ARO 1 / 8 Contact:Phone Payment Term Valid To Geno Ferrera (951) 326-0405 Net 30 07/31/2023 Inco Terms Shipping Method FOB Origin - Tewksbury Ma.Fed Ex Thermo Scientific Portable Analytical Instruments Inc. 2 Radcliff Rd Tewksbury, Massachusetts 01876 United States Submitted To: Dean Elliott Grand Island Police Department 111 Publice Safety Dr Grand Island, Nebraska 68801 United States Phone: 3083855400 Email: delliott@gipolice.org THANK YOU FOR YOUR INTEREST IN THERMO SCIENTIFIC INSTRUMENTATION To Place an Order: Contact:Geno Ferrera Phone:(951) 326-0405 Fax: Email:geno.ferrera@thermofisher.com Additional instructions, terms & conditions on last page GSA Contract No. GS-07F-6099R Contract period: March 26, 2010 - September 28, 2025 SIN 334519 SIN 339999E When placing a purchase order against this quote, please use the Mandatory PO language for state/local orders using the Cooperative Purchasing Program as follows: "This order is placed under GSA contract number GS-07F-6099R under the authority of the GSA Cooperative Purchasing Program. In the event of a conflict between the terms of this order and those of the GSA Schedule, GSA's terms shall govern." Pos.Product Code Product Name List Price Discount Disc %Sales Price Quantity Total Price 1.00 800-01045-01 TruNarc, Unlimited, Warranty - 5 Yrs, Train-12 USD 38,500.00 USD 2,424.43 6.30%USD 36,075.57 1.00 USD 36,075.57 GSA Item TruNarc Unlimited Model with 5 years of warranty. Includes factory repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the instrument. Includes TruNarc on-site instructor led training for up to 12 students within the Continental United States (CONUS) - expires 9 months after date of purchase. 2.00 810-01462-01 TruNarc Solution Kit (Type H) - 100, English USD 704.00 USD 0.00 0.00%USD 704.00 1.00 USD 704.00 TruNarc Solution Kit (Type H) for identification of Heroin and other special narcotics. Kit includes 100 Test Sticks and 100 Page 50 of 204 Page 2 / 8 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Open Market Item Solution Vials with Ethanol. Note that because of the Ethanol, this product ships as a Hazardous Goods shipment. The shelf life for Type H-sticks is approximately one year from shipment. 3.00 820-01051-01 TruNarc, Unlimited, Warranty Renewal - 1 Yr USD 1,890.00 USD 1,890.00 100.00%USD 0.00 1.00 USD 0.00 GSA Item Warranty for 1 year for a TruNarc Unlimited instrument (for instruments up to 5th year). Includes factory repair and loaner units when available. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the instrument. Subtotal:USD 41,094.00 Discount:USD 4,314.43 Total:USD 36,779.57 Important Note: Please issue POs to Thermo Scientific Portable Analytical Instruments Inc Federal Tax ID No.: 01-0650031 CAGE CODE: 392A9 DUNS #: 11-289-3131 Bank of America ABA# for Wire Payments: 026 009 593 Bank of America ABA# for ACH Payments: 111 000 012 Beneficiary Account Number: 4426843850 Page 51 of 204 Page 3 / 8 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Acceptance of Purchase By signing below, you (i) warrant that you are an authorized representative of your company, (ii) agree that the Thermo Scientific Portable Analytical Instruments Inc. Terms and Conditions of Sale attached hereto (the “Terms and Conditions”) shall supersede any preprinted terms and conditions, in their entirety, contained in any purchase order that your company issues and (iii) the Terms and Conditions shall exclusively govern the transaction(s) contemplated hereby ___________________________________ ___________________________________ ___________________________________ Signature of authorized company representative Date Phone# ___________________________________ ___________________________________ ___________________________________ Print Name Title Email ___________________________________ ___________________________________ ___________________________________ Model # Amount + S&H Purchase Order Number E-mail to: Fax to: 1-877-680-2568 PAIGlobalCustomerService@thermofisher.com Order Processing Address: Remit check Payment To: geno.ferrera@thermofisher.com Thermo Scientific Portable Analytical Instruments Inc Thermo Scientific Portable Analytical Instruments Inc PO Box 415918 2 Radcliff Road Boston, MA 02241-415918 Tewksbury, MA 01876 Payment Details Method of Payment Sales Tax Application Net 30 (Attach Credit Application & Credit References) Yes Apply Sales Tax Credit Card No Check - If no, you must provide a copy of your tax exemption certificate along with your purchase order. Wire Transfer **Please contact your customer service representative with your credit card information. (Do not send any credit card info via email or fax.)** Page 52 of 204 Page 4 / 8 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Address Verification Please make corrections if necessary below: Bill to:Ship to: 111 Publice Safety Drive 111 Publice Safety Drive Grand Island, Nebraska 68801 Grand Island, Nebraska 68801 United States United States Additional Options / Accessories Please use the space below to note any additional options and/or accessories you wish to add from the attached sheets that are not included in the above quotation. __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 53 of 204 THERMO SC ENT C PORTABLE ANALYTICAL INSTRUMENTS INC – TERMS AND CO TIONS OF SALE I IFI NDI Last revised November 2019 UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. . Thermo Scientific Portable Analytical Instruments Inc (“Seller”) hereby offers for sale to the buyer named on the face hereofGENERAL ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this agreement (the “Agreement”) differ from the terms of Buyer’s offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer’s document. Buyer’s receipt of Products or Seller’s commencement of the services provided hereunder will constitute Buyer’s acceptance of this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller. 2. . All prices published by Seller or quoted by Seller’s representatives may be changed at any time without notice. All prices quoted byPRICE Seller or Seller’s representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions, which are not part of Seller's original price quotation. 3. . Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect toTAXES AND OTHER CHARGES the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must be paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. Buyer shall be solely responsible for obtaining any and all necessary licenses, registrations, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation pertaining to the use or possession of the products contemplated herein that include radioactive isotopes, or x-ray tubes if any. Buyer shall pay Seller such surcharges, or other fees, in respect of the sale of Products hereunder as Seller deems necessary and appropriate (in Seller’s sole, good-faith, reasonable discretion) to account for changes in the cost to product, develop, market, or sell the Products to Buyer hereunder (whether as the result of the imposition of tariffs or otherwise). All such surcharges must be paid by Buyer in accordance with the payment terms set forth herein. Buyer agrees that such surcharges, or other fees, or any termination thereof, shall take effect immediately upon written notice thereof by Seller to Buyer. In the event that Seller’s quote and/or order acknowledgement set forth surcharges, those documents shall be considered adequate written notice to Buyer that said surcharges are Buyer’s responsibility. Any such surcharges shall not constitute an increase in the Price(s) of any Products or Services sold under this Agreement 4. . Seller may invoice Buyer upon shipment for the price and all other charges payable by Buyer in accordance with theTERMS OF PAYMENT terms on the face hereof. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder. Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, at any time that Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made in U.S. Dollars. 5. . The Products will be shipped to the destination specified by Buyer, F.O.B. shippingDELIVERY CANCELLATION OR CHANGES BY BUYER point. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products as to which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's risk and expense and for Buyer's account. Orders in process may be canceled only with Seller's written consent and upon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. Credit will not be allowed for Products returned without prior written consent of seller. 6. . Buyer must obtain permission from Seller prior to returning Products. The request mustRETURN OF PRODUCTS/RESTOCKING CHARGE be received within ten (10) days of receipt of the Products. Older items, service parts, and discontinued items cannot be returned for credit. In order to obtain a RMA number, Buyer must contact Seller’s customer support. Seller, in its discretion, may impose a twenty (20%) percent restocking charge of the price paid for any item authorized for return for credit 7. Notwithstanding the trade terms indicated above and subject to Seller’s right to stop delivery of Products inTITLE AND RISK OF LOSS. transit, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier irrespective of which Party’s carrier is used for the transport or the manner of payment ascribed to the transport; provided, however, that title to any software incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s) thereof, as the case may be. 8. . Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications andWARRANTY be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days for all other products (the "Warranty Period"). During the Warranty Period, Seller agrees, in its sole discretion, to repair or replace, Products and/or provide additional parts or services as reasonably necessary to cause the same to perform in substantial conformance with said published specifications; provided that Buyer shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s review, Seller will provide Buyer with service data and /or a Return Material Authorization (“RMA), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become Page 54 of 204 the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the Delivery provisions of the Seller’s Terms and Conditions of Sale. Consumables are expressly excluded from this warranty. If Seller elects to repair defective device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this Warranty shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. 9. INDEMNIFICATION 9.1. . Seller agrees to indemnify, defend and save Buyer, its officer, directors, and employees from and against any and allBy Seller damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney’s fees) (“Indemnified Items”) for (i) injury to or death of persons or damage to property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives or contractors in connection with the performance of services at Buyer’s premises under this Agreement and (ii) claims that a Product infringes any valid United States patent, copyright or trade secret; provided, however, Seller shall have no liability under this Section to the extent any such Indemnified Items are caused by either (i) the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (ii) by any third party, (iii) use of a Product in combination with equipment or software not supplied by Seller where the Product would not itself be infringing, (iv) compliance with Buyer's designs, specifications or instructions, (v) use of the Product in an application or environment for which it was not designed or (vi) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer shall provide Seller prompt written notice of any third party claim covered by Seller’s indemnification obligations hereunder. Seller shall have the right to assume exclusive control of the defense of such claim or, at the option of the Seller, to settle the same. Buyer agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this Section. Notwithstanding the above, Seller’s infringement related indemnification obligations shall be extinguished and relieved if Seller, at its discretion and at its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to continue using the Product; (b) replaces or modifies the Product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the specifications of the Product; or (c) in the event(a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with respect thereto, based on a five (5) year amortization schedule. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN. 9.2. . Buyer shall indemnify, defend with competent and experienced counsel and hold harmless Seller, its parent, subsidiaries,By Buyer affiliates and divisions, and their respective officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product itself would not be infringing; (iii) Seller's compliance with designs, specifications or instructions supplied to Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by anyone other than Seller without Seller's prior written approval 10. . With respect to any software products incorporated in or forming a part of the Products hereunder, Seller and Buyer intendSOFTWARE and agree that such software products are being licensed and not sold, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "Buyer" or similar or derivative words are understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained herein, Seller or its licensor, as the case may be, retains all rights and interest in software products provided hereunder. Seller hereby grants to Buyer a royalty-free, non-exclusive, nontransferable license, without power to sublicense, to use software provided hereunder solely for Buyer's own internal business purposes on the hardware products provided hereunder and to use the related documentation solely for Buyer's own internal business purposes. This license terminates when Buyer's lawful possession of the hardware products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without Seller's prior written consent. Seller will be entitled to terminate this license if Buyer fails to comply with any term or condition herein. Buyer agrees, upon termination of this license, immediately to return to Seller all software products and related documentation provided hereunder and all copies and portions thereof 11. . NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLERLIMITATION OF LIABILITY UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) Page 55 of 204 ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT 12. . Buyer acknowledges that each Product and any re ated software and technology, including technical nformationEXPORT RESTRICTIONS l i supplied by Seller or contained in documents (collectively “Items”), is su ject to export controls of the U.S. government. The export controls mayb include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. Buyer shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. Buyer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any Item, or (ii) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Buyer shall, if requested by Seller, provide information on the end user and end use of any Item exported by the Buyer or to be exported by the Buyer. Buyer shall cooperate fully with Seller in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, agents or 13. . Some Products may require special packaging, labeling, marking and handling. Carriers may add additionalHAZARDOUS MATERIALS freight charges for the handling or transporting of these materials. The consolidating of such material with other Products may be prohibited. Additional freight charges will be billed per Seller’s shipping terms. Be sure to advise Seller of shipping instructions for these hazardous materials to reduce your freight costs 14. . (a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent,MISCELLANEOUS and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Seller’s manufacturing location, without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the county and state of Seller’s manufacturing location, in any action arising out of or relating to this Agreement. (c) Both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury. Any action arising under this Agreement must be brought within one (1) year from the date that the cause of action arose. (d) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. (e) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. (f) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on the Product or in the documentation accompanying the Product, the Product is intended for non-clinical, non-diagnostic, non-therapeutic use only and is not to be used for any other purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such information to any third party, and (2) use such information solely for Buyer’s internal purposes and in connection with the Products supplied hereunder. Nothing herein shall restrict the use of information available to the general public. (i) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other (j) Seller hereby rejects and disclaims any rights of Buyer contained, or obligations imposed upon Seller, in any document provided, referenced or otherwise submitted by Buyer, in each case, that Seller has not expressly included in these [terms and conditions] or a writing manually executed by Seller (including, without limitation, any rights of Buyer in respect of designs, specifications, source code or intellectual property, owned, created, developed or licensed, by Seller; any rights to items or services not specifically identified in Seller’s quotation; any audit rights or financial offset rights of Buyer; any penalties or liquidated damages imposed upon Seller; any obligation by Seller to comply with Health Insurance Portability and Accountability Act of 1996 (as amended), Current Good Manufacturing Practice regulations (as amended), the requirements, as amended, of the Customs-Trade Partnership Against Terrorism or any code of conduct, quality program, information security program, background or drug screening program or other guidelines, programs or policies, in each case, promulgated or required by Buyer; any obligation that Seller comply with any law that, under law, would not otherwise apply to Seller in respect of the transaction(s) contemplated hereby; any right of Buyer to withhold all, or any portion, of the purchase price of any products or services provided hereunder for any period of time; any right of Buyer, itself or through any third party, to remediate any defects in, replace or re-perform, any products or services provided hereunder at Seller’s cost or expense; any obligation of Seller to waive, or require its insurers to waive, any rights of subrogation; any obligation of Seller that would impair, restrict or prohibit Seller’s ability to freely conduct any business with any person or in any geography or market; any early-payment, or other, discount; any obligation of Seller to maintain a supply of spares, or otherwise make any services available, for any particular period of time; any representation, warranty or other obligation of Seller to provide pricing comparable to, or more favorable than, the pricing that Seller provides to others; any restriction of, or prohibition on, Seller’s ability to modify, change or discontinue any of its products, processes or services; or any waiver by Seller of any right to enforce any of the terms hereof). 15. . IF YOU ARE PURCHASING ANY PRODUCTS PROVIDED BY SELLER HEREUNDERSOFTWARE-AS-A-SERVICE TRANSACTIONS AND DESCRIBED IN THE RELEVANT QUOTATION OR PURCHASE ORDER AS A SUBSCRIPTION TO ANY THERMO FISHER SOFTWARE-AS-A-SERVICE OFFERING (ANY SUCH PRODUCT, HEREINAFTER, A “SUBSCRIPTION”),THEN IN RESPECT OF SUCH SUBSCRIPTION(S) ONLY (a) The following terms and conditions of this Agreement shall not apply: Sections 6-7, 9.1, and 13. (b) The following terms and conditions of this Agreement shall be modified as set forth below: (i) Section 5 shall be replaced in its entirety with the following: 5. . Seller reserves the right to suspend or terminate the Buyer’s Subscription(s), inCANCELLATION OR CHANGES BY BUYER whole or in part, if Buyer fails to make any payment to Seller when due, otherwise fails to perform its obligations hereunder, or fails to comply with the Seller’s Terms of Use agreement agreed to by Buyer and governing Buyer’s use of the Subscription(s), as in effect from time to time (the “Terms of Use”). Seller will not be liable for any loss or damage resulting from any delay in activation of the Subscription(s) or failure to activate the Subscription(s) which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the activation of the Subscription(s) within a reasonable period of time, and Buyer will not be entitled to refuse payment or otherwise be relieved of any obligations as the result of such delay. Orders in process may be canceled only with Seller's written consent and uponPage 56 of 204 payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. (ii) Section 8 shall be replaced in its entirety with the following: 8. . BUYER AGREES AND ACKNOWLEDGES THAT THE SUBSCRIPTIONS ARE SOLD “AS-IS”, WITH NOWARRANTY WARRANTIES EXPRESSED OR IMPLIED. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, WITH RESPECT TO THE SUBSCRIPTIONS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (iii) Section 10 shall be replaced in its entirety with the following: 10. . This Agreement shall not be construed to grant to Buyer any patent license, know-how license or any other rightsSOFTWARE except as specifically provided herein. Buyer agrees and acknowledges that, by virtue of its purchase of the Subscriptions hereunder, it does not acquire any intellectual property rights (whether by license, assignment, or otherwise) of Seller, including without limitation any rights to the Subscriptions or related software or hardware systems (except for the limited right to use the Subscription subject to the terms and conditions set forth herein). Buyer shall not reverse engineer or copy the design, algorithms, or code, or any components thereof, of any information related to the Subscriptions for any purpose. (iv) In Section 11, the language “ONE MILLION DOLLARS ($1,000,000)” shall be replaced with “TEN THOUSAND DOLLARS ($10,000)”. (c) The following additional terms and conditions shall apply TERMS OF USE. Buyer hereby acknowledges and agrees that it shall comply with all terms and conditions of the Terms of Use, and that Buyer’s use of the Subscription in violation of any such terms and/or conditions shall entitle Seller, without prejudice to any other remedies that may be available to Seller at law or in equity, to terminate Buyer’s use of the Subscription(s) effective immediately. Buyer further agrees and acknowledges that it shall not be entitled to any refund of any portion of the purchase price paid in respect of Subscription(s) cancelled by Seller pursuant to Seller’s rights under this Section and/or the Terms of Use. Buyer’s rights to use these Subscription will begin upon Seller’s transmission to Buyer of Subscription link and end 12 months from this date unless otherwise terminated by Seller. In the event of any conflict between this Agreement and the Terms of Use, the Terms of Use shall control. Page 57 of 204 R E S O L U T I O N 2023-140 WHEREAS, the City has approved The Grand Island Police Department’s budget authority, in our capital expenditures for the purchase of TruNarc Drug Detection Equipment; and WHEREAS, the Grand Island Police Department received a quote from Thermo Scientific Portable Analytical Instruments Inc. for the TruNarc Drug Detection Equipment, under the authority of the GSA Cooperative Purchasing Program; and WHEREAS, the Police Department desires to purchase one (1) TruNarc Drug Detection Equipment, complete with onsite training and warranty for $36,779.57. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of one (1) TruNarc Drug Detection Equipment for $36,779.57. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 58 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.i. Subject: #2023-141 - Approving Interlocal Agreement with Hall County for 2023 Asphalt Resurfacing Staff Contact: Keith Kurz BACKGROUND: On February 28, 2023, via Resolution No. 2023-43, City Council awarded the Asphalt Maintenance Project No. 2023-AC-1 contract to Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $738,832.37. The following segments of road were awarded as part of the contract: • Section #1– Capital Avenue; Engleman Road to North Road • Section #2– 13th Street; Engleman Road to North Road • Section #3- Cannon Road; Mansfield Road to North Road • Section #4- Old Potash Highway; Webb Road to Old Highway 30 • Section #5- Horseshoe Place; Mansfield Road to Cul-De-Sac • Section #6- Zola Lane; Horseshoe Place to North Road • Section #7- Zola Court; Cul-De-Sac to Zola Lane • Section #8- Allen Avenue; Morrison Drive to Zola Lane • Section #9- Allen Court; Zola Lane to Cul-De-Sac • Section #10- Lambchop Lane; Allen Avenue to North Road • Section #11- Patchwork Place; Cul-De-Sac to North Road Council approval is required before entering into an agreement. Pursuing an interlocal agreement between governmental entities is an efficient means of collaborating efforts to better our community. Roadways in the City and County cross between both entities with jurisdiction of each and it is more efficient to perform work together. DISCUSSION: This agreement is for improvements to the following roadways, which have a segment within the Grand Island City limits and Hall County. Page 59 of 204 • 13th Street; Engleman Road to North Road (0.95 miles) • Capital Avenue; Sky Park Road to Highway 30 (1.31 miles) Per the agreement Hall County will submit to the City an itemized bill for payment of their share of the project cost. FISCAL IMPACT: This expense has been accounted for within the FY23 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the interlocal agreement with Hall County and pass a Resolution authorizing the Mayor to sign the agreement. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023 Interlocal Agreement 2. Resolution Page 60 of 204 INTERLOCAL COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO ROADS AND STREETS IN AND AROUND GRAND ISLAND, NEBASKA BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA THIS AGREEMENT is made and entered into by and between the County of Hall, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “County”, and the City of Grand Island, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “City”, WITNESSTH: WHEREAS, the Interlocal Cooperation Act, NEB. REV. STAT. § 13-801, et seq. provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, the Interlocal Cooperation Act further provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity, or other undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, the County and the City wish to enter into this interlocal agreement for the joint asphaltic concrete resurfacing projects and on roads and streets in and near the City because of the anticipated cost savings attainable through using a single bidding process and efficiencies of planning and construction with the county and city sharing in the costs and responsibilities as set forth in this agreement in conjunction with the City’s and County’s annual asphaltic concrete resurfacing projects. NOW, THEREFORE, in consideration of these facts, the parties hereto mutually covenant and agree as follows: Page 61 of 204 Interlocal Agreement between Hall County and City of Grand Island 2023 Asphaltic Concrete Resurfacing Page 2 of 5 1) City of Grand Island Project No. 2023-AC-1 a) Scope of the Project: i. Asphaltic concrete resurfacing on the following roads or streets (see Exhibit “A”): 1. Capital Avenue between Engleman Road and North Road (0.95 miles) 2. 13th Street between Engleman Road and North Road (0.89 miles) 3. Cannon Road between Mansfield Road and North Road (0.32 miles) 4. Old Potash Highway between Webb Road and Old Highway 30 (0.36 miles) 5. Horseshoe Place between Mansfield Road and Cul-de-sac (0.17 miles) 6. Zola Lane between Horseshoe Place and North Road (0.33 miles) 7. Zola Court between Zola Lane and Cul-de-sac (0.07 miles) 8. Allen Avenue between Morrison Drive and Zola Lane (0.16 miles) 9. Allen Court between Zola Lane and Cul-de-sac (0.08 miles) 10. Lampchop Lane between Allen Avenue and North Road (0.11 miles) 11. Patchwork Place between Cul-de-sac and North Road (0.05 miles) b) The project cost will include: i. Preliminary engineering and construction engineering costs. ii. Actual quantities of materials used at contract unit prices for the contractor under contract with the City of Grand Island to resurface the roadway. iii. Patching the roadway in advance of the asphaltic concrete resurfacing. iv. Building earth shoulders and performing seeding of disturbed earth (as needed). v. Placing pavement markings on the new asphaltic concrete surfaces. vi. The estimated costs for the individual segments of the project are detailed on Exhibit C. c) City’s Obligations The City shall be responsible for the following with respect to the project: i. Performing preliminary engineering and construction engineering services for the project. ii. Prepare plans and bid specifications for the project following the required bidding practices and requirements of law. iii. Enter into a contract with a contractor to perform the asphaltic concrete resurfacing work. iv. Tracking costs of the project and preparing an itemized bill for the County’s share of the project costs. The City of Grand Island is anticipated to owe Hall County the difference of the cost share items associated with this agreement. Page 62 of 204 Interlocal Agreement between Hall County and City of Grand Island 2023 Asphaltic Concrete Resurfacing Page 3 of 5 v. If any work on the project is performed by Hall County within the limits of the City of Grand Island’s responsibility, the cost of that work shall count towards Hall County’s share of the project cost. d) County’s Obligations: The County shall be responsible for the following with respect to the project: i. The Hall County Public Works Director shall concur in the award of the construction contract. ii. Upon completion of the work and submittal of an itemized bill from Grand Island, Hall County will concur with the County’s share of the project costs. The City of Grand Island is anticipated to owe Hall County the difference of the cost share items associated with this agreement. iii. If any work on the project is performed by the City of Grand Island within the limits of Hall County’s responsibility, that work will be tracked according to section 1) c) iv. 2) Hall County – 2023 Grand Island Northeast Overlay a) Scope of the Project: i. Asphaltic concrete resurfacing on the following roads or streets (see Exhibit “B”): 1. Airport Road between Highway 281 and City Limits (0.75 miles) 2a. Capital Avenue between Sky Park Road and Highway 30 (1.31 miles) 2b. Shady Bend Road between City Limits and Capital Avenue (0.29 miles) b) The project cost will include: i. Preliminary engineering and construction engineering costs. ii. Actual quantities of materials used at contract unit prices for the contractor under contract with Hall County to resurface the roadway. iii. Patching the roadway in advance of the asphaltic concrete resurfacing. iv. Building earth shoulders and performing seeding of disturbed earth (as needed). v. Placing pavement markings on the new asphaltic concrete surfaces. vi. The estimated costs for the individual segments of the project are detailed on Exhibit C. c) County’s Obligations The County shall be responsible for the following with respect to the project: i. Performing preliminary engineering and construction engineering services for the project. Page 63 of 204 Interlocal Agreement between Hall County and City of Grand Island 2023 Asphaltic Concrete Resurfacing Page 4 of 5 ii. Prepare plans and bid specifications for the project following the required bidding practices and requirements of law. iii. Enter into a contract with a contractor to perform the asphaltic concrete resurfacing work. iv. Tracking costs of the project and preparing an itemized bill for the City’s share of the project costs. The City of Grand Island is anticipated to owe Hall County the difference of the cost share items associated with this agreement. v. If any work on the project is performed by City of Grand Island within the limits of the Hall County’s responsibility, the cost of that work shall count towards City of Grand Island’s share of the project cost. d) City’s Obligations: The City shall be responsible for the following with respect to the project: i. The City of Grand Island Public Works Director shall concur in the award of the construction contract. ii. Upon completion of the work and submittal of an itemized bill from Hall County, City of Grand Island will make payments to Hall County for the difference of the cost share items associated with this agreement. iii. If any work on the project is performed by the Hall County within the limits of City of Grand Island’s responsibility, that work will be billed according to section 2) c) iv. 3) Governance: This agreement shall be co-governed by the Hall County Public Works Director and the Public Works Director for the City of Grand Island. 4) Indemnification. Each party hereto agrees to indemnify and hold harmless the other party from and against all losses, liability, expenses, damages and claims, including attorney’s fees, arising out of or resulting from the indemnifying party’s acts or omissions in performing under this agreement, except to the extent caused by negligent or willful act or omission of the other party. Each party agrees to provide liability insurance to indemnify itself in the event that it becomes liable for the payment of a judgment based upon its acts or omissions, or the acts or omissions of its agents or employees in performing this agreement. 5) Modification: This agreement may be modified by written agreement of the Parties. 6) No Separate Entity: There shall be no separate legal entity created through this interlocal cooperative agreement. Page 64 of 204 Interlocal Agreement between Hall County and City of Grand Island 2023 Asphaltic Concrete Resurfacing Page 5 of 5 7) Finances: This agreement shall be financed by the funds available to the parties hereto with both government entities assuring each other than each has fiscal capacity and authority to enter into and carry out this interlocal agreement. 8) Further Agreements: Each Party hereto shall be responsible for the maintenance of its portion of the roads or streets following completion of the project. 9) Term and Duration: This agreement shall become effective on the date that the second party executes the agreement and shall continue in force and remain binding through completion of the project or until either party terminates the agreement upon a 90 day written notice to the other party. 10)Provision of Assistance: Pursuant to the Interlocal Cooperation Act, any party to this agreement, in the party’s sole discretion, may appropriate funds and may sell, lease, give, or otherwise provide assistance, including personnel and services, as may be within the party’s legal power to furnish. NOW THEREFORE, in consideration of the covenants and obligations contained herein, Hall County and the City of Grand Island duly execute this agreement. HALL COUNTY Executed this ____ day of __________, 2023. By: ________________________________ Ron Peterson, Chair Hall County Board of Commissioners Attest: _____________________________ Marla Conley Hall County Clerk CITY OF GRAND ISLAND Executed this ____day of __________, 2023. By: ________________________________ Roger Steele, Mayor City of Grand Island, Nebraska Attest:_____________________________ RaNae Edwards, City Clerk City of Grand Island Page 65 of 204 1 2 3 4 5-11 PUBLIC WORKS DEPARTMENT 2023 AC-1 PROJECT MAP NOT TO SCALE N Section 1 - Capital Ave - Engleman Rd to North Rd Section 2 - 13th St - Engleman Rd to North Rd Section 3 - Cannon Rd - Mansfield Rd to North Rd Section 4 - Old Potash Hwy - Webb Rd to Old Hwy 30 Section 5 - Horseshoe Pl - Mansfield Rd to Cul-De-Sac Section 6 - Zola Ln - Horseshoe Pl to North Rd Section 7 - Zola Ct - Cul-De-Sac to Zola Ln Location map Section 8 - Allen Ave - Morrison Dr to Zola Ln Section 9 - Allen Ct - Zola Ln to Cul-De-Sac Section 10 - Lambchop Ln - Allen Ave to North Rd Section 11 - Patchwork Pl - Cul-De-Sac to North Rd Page 66 of 204 PUBLIC WORKS DEPARTMENT Location Map Hall County - Grand Island Northeast Overlay Hall County, NEBRASKA N Bid Sections 1.Airport Road 2.Capital Avenue & Shady Bend Road City Limits: 1 2 Scale: NoneExhibit B Page 67 of 204 SECTION ROADWAY BID COST % CITY CITY COST % COUNTY COUNTY COST 1 Capital Avenue $210,372.75 100.00%$210,372.75 0.00%$0.00 2 13th Street $169,352.70 84.50%$143,103.03 15.50%$26,249.67 3 Cannon Road $101,437.95 100.00%$101,437.95 0.00%$0.00 4 Old Potash Highway $106,184.10 100.00%$106,184.10 0.00%$0.00 5 Horseshoe Place $26,133.67 100.00%$26,133.67 0.00%$0.00 6 Zola Lane $40,035.36 100.00%$40,035.36 0.00%$0.00 7 Zola Court $16,422.39 100.00%$16,422.39 0.00%$0.00 8 Allen Avenue $22,282.08 100.00%$22,282.08 0.00%$0.00 9 Allen Court $18,671.05 100.00%$18,671.05 0.00%$0.00 10 Lampchop Lane $15,105.96 100.00%$15,105.96 0.00%$0.00 11 Patchwork Place $12,834.36 100.00%$12,834.36 0.00%$0.00 TOTAL $738,832 $712,582.70 $26,249.67 SECTION ROADWAY BID COST % CITY CITY COST % COUNTY COUNTY COST 1 Airport Road $396,194.26 0.00%$0.00 100.00%$396,194.26 2 Capital Ave & Shady Bend Rd $366,147.34 30.20%$110,576.50 69.80%$255,570.84 TOTAL $762,342 $110,576.50 $651,765.10 $26,249.67 $110,576.50 $84,326.83 Hall County Cost City of Grand Island Share Grand Island Project No. 2023-AC-1 Hall County - 2023 Grand Island Northeast Overlay City of Grand Island Estimated Payment to Hall County Difference CITY OF GRAND ISLAND/HALL COUNTY 2023 ASPHALT PROJECTS CITY/COUNTY COST BREAKDOWN - BID COSTS HALL COUNTY - 2023 GRAND ISLAND NORTHEAST OVERLAY CITY/COUNTY COST BREAKDOWN - ESTIMATED COST CITY OF GRAND ISLAND PROJECT NO. 2023-AC-1 Page 68 of 204 R E S O L U T I O N 2023-141 WHEREAS, the City of Grand Island is proposing an asphalt overlay project, known as 2023-AC-1, for a section of 13th Street; Engleman Road to North Road (0.95 miles); and WHEREAS, Hall County is proposing an asphalt overlay project for a section of Capital Avenue; Sky Park Road to Highway 30 (1.31 miles); and WHEREAS, a portion of such work will be within both the limits of the City of Grand Island and Hall County; and WHEREAS, it is recommended that an Interlocal Agreement be entered into with Hall County for sharing in the cost of such work; and WHEREAS, the City of Grand Island has prepared an Interlocal Agreement, which has been reviewed by the City’s Legal Department and Hall County, for such work to be completed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the City of Grand Island and Hall County, Nebraska for the City’s asphalt overlay work, known as 2023-AC-1, to be performed on a section of 13th Street; Englemand Road to North Road (0.95 miles), and Hall County’s asphalt overlay project for a section of Capital Avenue; Sky Park Road to Highway 30 (1.31 miles) is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign the Interlocal Agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 69 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.j. Subject: #2023-142 - Approving Bid Award for Annual Supply of Road Deicing Salt 2023-2024 Staff Contact: Keith Kurz, Shannon Callahan BACKGROUND: The City of Grand Island Streets Division uses granular road salt and other granular products to treat icy roadway conditions during the winter months. Average annual tonnage of road deicing chemicals used by the City ranges between 1,000 tons and 1,500 tons. The storage facility is filled to maximum capacity after winter and kept as full as possible during the winter months. Each bid line item was considered and recommended for award separately. These items include two (2) separate times of year conditions, off-peak and peak seasons. Off-Peak pricing shall be valid between May 1 and August 31; Peak season pricing shall be valid between September 1 and April 30. DISCUSSION: Bids were advertised on May 3, 2023 and sent to four (4) potential bidders. Three (3) bids were received and opened on May 24, 2023. Below is the bid award recommendation. Annual Supply of Road Deicing Chemicals- Bid Award Recommendation Deicing Chemical, Condition Date Range Vendor Unit Price ROAD SALT, OFF-PEAK May 1- Aug 31 Blackstrap, Inc. of Neligh, NE $54.55 per ton ROAD SALT, PEAK Sept 1- Apr 30 Blackstrap, Inc. of Neligh, NE $57.25 per ton FISCAL IMPACT: The expense for this was accounted for in FY23 budget. Page 70 of 204 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 Annual Supply of Road Deicing Salt 2023-2024 according to the bid award recommendation. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 71 of 204 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 24, 2023 at 2:00 p.m. FOR: Annual Supply of Road Deicing Salt 2023-2024 DEPARTMENT: Public Works ESTIMATE: $85.00 per ton FUND/ACCOUNT: 21033502-85535 PUBLICATION DATE: May 3, 2023 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: NSG Logistics, LLC Blackstrap, Inc. Gothenburg, NE Neligh, NE Exceptions: None None Bid Price: Road Salt, Off-Peak $59.55 $54.55 Road Salt, Peak: $61.63 $57.25 Bidder: Central Salt, LLC Lyons, KS Exceptions: None Bid Price: Road Salt, Off-Peak $55.26 Road Salt, Peak: $58.59 cc: Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P2437 Page 72 of 204 R E S O L U T I O N 2023-142 WHEREAS, the City of Grand Island invited sealed bids for furnishing Annual Supply of Road Deicing Salt 32024, according to plans and specifications on file with the Public Works Department; and WHEREAS, on May 24, 2023 bids were received, opened and reviewed; and, WHEREAS, three (3) vendors submitted responsible bids within the bid specifications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bid line items, are hereby approved; Deicing Chemical, Condition Date Range Vendor Unit Price Blackstrap, Inc. of ROAD SALT, OFF-PEAK May 1- August 31 Neligh, NE $54.55 per ton ROAD SALT, PEAK Sept 1- Apr 30 Blackstrap, Inc. of Neligh, NE $57.25 per ton - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 73 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.k. Subject: #2023-143 - Approving Agreement with NDOT for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2024 Fiscal Year Transportation Planning Program Staff Contact: Keith Kurz, Allan Zaft BACKGROUND: All agreements must be approved by the City Council. In March 2013, the City of Grand Island was designated as a urbanized area with a population over 50,000 which required the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR 450 of the current federal transportation bill. On an annual basis, the Grand Island Area Metropolitan Planning Organization (GIAMPO) is required to develop a Unified Planning Work Program (UPWP), which identifies work activities to be performed during the fiscal year. The UPWP is approved by the GIAMPO Policy Board and Technical Advisory Committee. After this approval, the UPWP is then submitted to the Nebraska Department of Transportation (NDOT) for review and concurrence, and forwarded for approval by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA). DISCUSSION: NDOT has drawn up Program Agreements with the City of Grand Island for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2024. The agreement with NDOT is attached for reference, which outlines the use of FHWA Planning (PL) Funds. The FY 2024 GIAMPO UPWP is Exhibit A of this agreement, which authorizes GIAMPO to spend the PL Funds while the UPWP describes the activities GIAMPO will accomplish with the PL Funds and other funding sources. The estimated Federal participation under this agreement is estimated at $170,803.22 for FY 2024 (July 1, 2023 – June 30, 2024) eligible costs. The Federal share on any portion of this project will be a maximum of 80% of the eligible costs. The local 20% Page 74 of 204 funds would be the City’s obligation estimated at $42,700.81 and can be part of in-kind services. The total cost of this agreement is expected to be $213,504.03. FISCAL IMPACT: The estimated Federal participation under this agreement is estimated at $170,803.22 for FY 2024 (July 1, 2023 – June 30, 2024) eligible costs. The Federal share on any portion of this project will be a maximum of 80% of the eligible costs. The local 20% funds would be the City’s obligation, estimated at $42,700.81 and could be part of in-kind services. The total cost of this agreement is expected to be $213,504.03. The expense for this item is accounted for in the FY23 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council authorizes the Mayor to sign the GIAMPO Fiscal Year 2024 Transportation Planning Program agreement. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 75 of 204 R E S O L U T I O N 2023-143 WHEREAS, the Nebraska Department of Transportation has prepared a Planning Agreement for Fiscal Year 2024 for the City of Grand Island for the purpose of providing partial funding of Grand Island Area Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to be performed commencing July 1, 2023, as outlined in the Unified Planning Work Program attached to such agreements; and WHEREAS, the estimated Federal participation under such agreement is $170,803.22 (80%) of Metropolitan Planning funds in accordance with 23 USC 104(d) for Fiscal Year 2024; and WHEREAS, the local 20% funds would be the City’s obligation is estimated at $42,700.81 and can be part of inkind services; and WHEREAS, an agreement with the Nebraska Department of Transportation for Fiscal Year 2024 is required to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the agreement with the Nebraska Department of Transportation for the purpose of providing partial funding of Grand Island Area Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to be performed commencing July 1, 2023, as outlined in the Unified Planning Work Program attached to such agreement is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Planning Agreement for Fiscal Year 2024. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 76 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.l. Subject: #2023-144 - Approving Change Order No. 4 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 Staff Contact: Keith Kurz, Tim Golka BACKGROUND: The Diamond Engineering Company of Grand Island, Nebraska was awarded a $1,341,464.90 contract on October 26, 2021, via Resolution No. 2021-298, for the Eddy Street Underpass Rehabilitation; Project No. 2019-U-2. On July 26, 2022, City Council approved Change Order No. 1, via Resolution No 2022- 190, in the amount of $74,953.36 to address the additional deterioration that occurred since the 2019 evaluation. On September 27, 2022, via Resolution No. 2022-270, City Council approved Change Order No. 2, at no additional cost, to allow additional time for project completion. The original completion date of October 14, 2022 was extended to March 31, 2023 due to delays associated with delivery of street light poles and mast arms for lighting. On March 28, 2023, via Resolution No. 2023-81, City Council approved Change Order No. 3, at no additional cost, to allow additional time for project completion. The revised completion date of March 31, 2023 was extended to May 31, 2023 due to delays associated with delivery of the wall mount street light mast arms. The Eddy Street underpass was built in 1950 and engineering analysis has identified a number of repairs and replacements which must be implemented to preserve the structure. This includes a number of issues related to the retaining walls, the Mill Drive and North Front Street Bridges, the storm sewer pumping system, as well as installation of bird netting to aid in the reduction of roosting birds. DISCUSSION: A time extension is being requested for the electrical and lighting portion of this project due to additional delays associated with delivery of the wall mount street light mast arms. These items are expected to ship August 11, 2023. Change Order Page 77 of 204 No. 4 is requested at this time to extend the completion date from May 31, 2023 to September 1, 2023. There will not be any contract amount modification with this change order.The lighting work will be performed under partial lane closures so full closure of the roadway is not anticipated for project completion. 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 Change Order No. 4 with The Diamond Engineering Company of Grand Island, Nebraska for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Change Order No. 4 2. Resolution Page 78 of 204 CHANGE ORDER NO. 4 PROJECT:Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $1,341,464.90 CONTRACT DATE: October 27, 2021 Contract Price Prior to this Change Order------------------------------------------- $1,341,464.90 Net Increase Resulting from Change Order No. 1--------------------------------- $ 74,953.36 Revised Contract Price Including Change Order No. 1 -------------------------- $1,416,418.26 Notice to Proceed Date ------------------------------------------------------------------ October 27, 2021 Original Completion Date -------------------------------------------------------------- October 14, 2022 Change Order No. 2 Revised Completion Date ---------------------------------- March 31, 2023 Change Order No. 3 Revised Completion Date ---------------------------------- May 31, 2023 Change Order No. 4 Revised Completion Date ---------------------------------- September 1, 2023 The Above Change Order Accepted: The Diamond Engineering Company By____________________________________Date_______________________ Approval Recommended: By__________________________________________________ Date________________ Keith Kurz PE, Interim Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Page 79 of 204 R E S O L U T I O N 2023-144 WHEREAS, on October 26, 2021, via Resolution 2021-298, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $1,341,464.90 for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1; and WHEREAS, on July 26, 2022, via Resolution No. 2022-190 City Council approved Change Order No. 1, in the amount of $74,953.36, to address the additional deterioration that occurred since the 2019 evaluation; and WHEREAS, on September 27, 2022, via Resolution No. 2022-270, City Council approved Change Order No. 2, at no additional cost, to extend the completion date from October 14, 2022 to March 31, 2023 due to delays associated with delivery of street light poles and mast arms for lighting; and WHEREAS, on March 28, 2023, via Resolution No. 2023-81, City Council approved Change Order No. 3, at no additional cost, to allow additional time for project completion from March 31, 2023 to May 31, 2023 due to delays associated with delivery of the wall mount street light mast arms; and WHEREAS, due to additional delays associated with delivery of the wall mount street light mast arms a time extension has been requested from the revised completion date of May 31, 2023 to September 1, 2023; and WHEREAS, there is no contract amount modification with this change order. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order No. 4 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute Change Order No. 4 with The Diamond Engineering Company of Grand Island, Nebraska for Eddy Street Underpass Rehabilitation; Project No. 2019-U-1. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 80 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.m. Subject: #2023-145 - Approving Request for Contract/Document Management Software Staff Contact: Patrick (Pat) Brown BACKGROUND: Our current form of contract management is on paper. In order to look up an old contract, we need to know what year the contract was signed, then go to the file. When contracts are reviewed and changed, sometimes staff aren't sure if it's the latest iteration of the document. DISCUSSION: At the core of every government process are documents, forms, and contracts that need to be prepared, signed and managed. The staff have researched various document management software and Docusign is the industry leader in document management. The software will increase employee productivity, accelerate service delivery with standardized digital workflows, achieve faster outcomes, and increase security and compliance. The software will be purchased through the SHI cooperative agreement. FISCAL IMPACT: This purchase of Docu-Sign software for $19,710.24 will be funded out of Non-Departmental budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Page 81 of 204 RECOMMENDATION: City Administration recommends the approval of the contract with SHI International for the purchase of Docusign's software. SAMPLE MOTION: A motion to approve the request for purchase of Docu-Sign Software from SHI Cooperative for the amount of $19,710.24. ATTACHMENTS: 1. Solutions 2. Quote 3. Resolution Page 82 of 204 DocuSign PUBLIC Solutions for City of Grand Island eSignature with DocuSign Addy Haffouda, Account Executive – Local Government & K12 School Districts Stephen Krutzfeldt, Solutions Engineer – Local Government & K12 School Districts 05/04/23 Page 83 of 204 Executive Summary DocuSign Overview 1 2 3 Agenda Demonstration 4 Pricing & Next Steps Page 84 of 204 1 Million Customers in 180+ Countries Cloud Platform Integration, Digitization, Control, Visibility #1 eSignature Provider Security ISO27001 | SSAE16 | HIPPA | PCI DSS | FedRamp Moderate 400+ Partners Publicly Traded NASDAQ: DOCU Public Sector 4500+ Customers San Francisco, Seattle, Chicago, Warrenville, Melbourne, New york A Trusted Partner for Your Success Page 85 of 204 DocuSign eSignature Increase speed and efficiency by automating signature workflows 80% of documents completed within 24 hours 50% of documents completed within 15 minutes Most-rated and highest-rated mobile apps 400+ Integrations 750+ Industry firsts 99.99% Availability Send, track and sign agreements with the world’s #1 electronic signature solution Page 86 of 204 5 | DocuSign RESTRICTED CONFIDENTIALDocuSign INTERNAL Unrivaled Security ISO 27001:2013 SOC1 Type 2, SOC2 Type 2 PCI DSS CloudTrust CSA STAR Program ECL CFR Part 11 (Automated Process) FedRAMP Tailored FedRAMP Moderate FedRAMP Impact Level 4 eIDAS AES & QES with Partners or In-House Cloud Signature Consortium HIPAA/FERPA/COPPA COMPLIANT Page 87 of 204 6 | DocuSign RESTRICTED CONFIDENTIAL DocuSign’s Customer Success Team •Over 1000 Customer Success Team Members •Dedicated Account Management, 24/7 Support, Professional Services, Adoption Consulting, etc. Page 88 of 204 DocuSign Restricted Over 4,500 Federal, City, County, and Municipal Organizations in all 50 states. The Public Sector Trusts DocuSign Page 89 of 204 Title of Presentation | DocuSign PUBLIC 8 DocuSign is the default in Nebraska 1.9M+ envelopes signed in 2022 Page 90 of 204 DocuSign PUBLIC Demonstration Page 91 of 204 DocuSign PUBLIC Recommended Licensing Page 92 of 204 Business Professional: License Summary Features ●Unlimited Users/Admins ●Unlimited Templates ●Customized Workflows ●Compliance ○Tamper Sealed Documents, Audit Trail, Certificate of Completion, Electronic Record Disclosure ●Authentication ○Email-based ○Access Code ○Geolocation Capture ○Persistent Authentication ●Payments ●Agreement Actions ●PowerForms ●Bulk Send ●Responsive Signing ●In-person Signing ●Standard Permissions ●Pre-Built Connectors ●Delegated Signing ●Needs to View Support •Premier Support – 24/7 support •DocuSign University for self-paced trainings for all users •Onboarding Consulting Page 93 of 204 DocuSign PUBLIC Support & Onboarding Options Page 94 of 204 Key benefits Fast initial response time <4 hours Fast emergency response time <1 hour Pre-built connector and API integration support Target Initial Response Time A 4-hour response time for new cases. Global Emergency Support A 1-hour response time for Severity 1 technical incidents, available for all products 24/7. Connector Support Support for DocuSign’s pre-built integration connectors; such as Salesforce, Microsoft, Workday and SAP to ensure your agreement processes run smoothly. Developer Support Support for DocuSign’s standard APIs which customer’s leverage in custom integrations. DocuSign Support Center Find answers, engage community and submit and manage cases online for faster resolution. Phone Support (call back) Log a case and customer support will promptly call you back to address technical questions, billing inquiries and account management. Technical Support Direct access to technical support teams for configuration-specific questions. Premier Support Plan Fast response and developer support for your complex agreement processes Page 95 of 204 DocuSign PUBLIC Pricing Page 96 of 204 DocuSign Confidential City of Grand Island - Envelope Quantity Comparison Proposed Contract Dates: 05/15/23 - 05/14/24 Envelope Quantity Options Support Total Price Comments 500 envs 15%$2,760 -Our Base starting off Plan 500 envs 10 CLM Users Year 1 15%$20,212 -Same volume/features -DocuSign CLM Essentials-10 users -Includes Getting Started with CLMe 500 envs 10 CLM Users Year 2 15 $10,212 -Year 1 costs are higher due to CLMe implementation -After year one, your renewal will be much cheaper! Subscription Overview: ●Business Professional Edition ●Contract Lifecycle Management Essentials plan ●10 CLMe Users ●Premier Support ●1 Year Agreement ●Unlimited users ●DocuSign University Page 97 of 204   Pricing Proposal Quotation #:  23560213 Created On:  6/7/2023 Valid Until:  6/30/2023   NE-City of Grand Island  Inside Account Manager   Patrick Brown Grand Island, NB United States Phone: 308-389-0169 Fax:  Email:patrickb@grand-island.com   Kellie Gatarz 290 Davidson Ave Somerset, NJ 08873 Phone: 732-584-8222 Fax: Email:kellie_gatarz@shi.com All Prices are in US Dollar (USD)   Product Qty Your Price Total   1 eSignature Business Pro Edition - Envelope Subs.     DocuSign - Part#: SUB-2443564-1     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 6/30/2023 – 6/29/2024 500 $4.73 $2,365.00   2 Premier Support - eSign     DocuSign - Part#: SUB-2443564-1     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 6/30/2023 – 6/29/2024 1 $355.02 $355.02   3 Premier Support - CLM     DocuSign - Part#: SUB-2443564-1     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 6/30/2023 – 6/29/2024 1 $929.81 $929.81   4 DocuSign CLM Essentials - Standard User -Seat Sub.     DocuSign - Part#: SUB-2443564-1     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 6/30/2023 – 6/29/2024 10 $516.56 $5,165.60   5 DocuSign CLM Essentials UAT Sandbox     DocuSign - Part#: SUB-2443564-1     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 6/30/2023 – 6/29/2024 1 $1,033.11 $1,033.11   6 Getting Started with CLM Essentials     DocuSign - Part#: SUB-2443564-1     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 6/30/2023 – 6/29/2024 1 $9,861.70 $9,861.70   Subtotal $19,710.24 Shipping $0.00 Page 98 of 204 Total $19,710.24 Additional Comments Please Note: Docusign has a zero returns policy.In addition, overage/Usage charges may apply Please note: additional manufacturer terms and conditions may apply. Your inside sales team will reach out to you with updates as needed. Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program. Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.  Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. Page 99 of 204 R E S O L U T I O N 2023-145 WHEREAS, the City has budget authority to purchase a contract document storage software; and WHEREAS, the Grand Island Finance Department received a quote from SHI, a cooperative buying agent; and WHEREAS, the Finance Department desires to purchase Docu-Sign Software, complete with training for $19,710.24. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase Docu-Sign Software, complete with training for $19,710.24. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 100 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 9.n. Subject: #2023-146 - Approving Proposal for Life, AD&D, and Supplemental Life Insurance Provider Staff Contact: Aaron Schmid BACKGROUND: The City provides all regular status employees who work an average of at least thirty (30) hours per week City-paid life/accidental death insurance coverage. Employees may obtain additional life and accidental death insurance at their own expense through the City. DISCUSSION: Our current vendor proposed a 16.79% increase at renewal. Administration chose to conduct a RFP for Life, AD&D and Supplemental Life insurance. The City received six (6) bids. Administration is recommending moving to Securian Life Insurance Company at a 24.27% price reduction from current cost. The Securian proposal offers some coverage enhancements such as increased benefit maximums, higher guarantee issues, and smaller employee benefit increments. Securian is offering a three (3) year rate guarantee at an annual premium of $51,804. FISCAL IMPACT: Current vendor cost $68,408 annual premium. Proposed renewal of $79,894 annual premium. Securian proposal of $51,804 annual premium with three (3) year rate lock. 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. Page 101 of 204 RECOMMENDATION: City Administration recommends that Council approve Securian Life Insurance Company as the Life, AD&D, and Supplemental Life provider. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023 - 2026 Life Rate Confirmation 2. Compensation Disclosure Form 3. Life Access Agreement 4. Resolution Page 102 of 204 RATE CONFIRMATION 1. Policyholder: City of Grand Island 2. Policy Number(s): 70661 3. Insurance Product(s): Basic Term Life and AD&D, Employee and Spouse Supplemental Term Life and AD&D, Child Life and AD&D, Dependent Term Life Package 4. The insurance rates included in this rate confirmation include compensation as outlined in the Compensation Notice & Disclosure Statement. 5. Underwriting company: Securian Life Insurance Company 6. Rate Coverage Period: August 1, 2023 – July 31, 2026 Premium Rates: Basic Life: $0.105 / $1,000 / month Basic AD&D: $0.025 / $1,000 / month Employee and Spouse Supplemental Term Life*: *Please note, supplemental life rates do not include AD&D **Please note, rates increase past 75 and will be provided upon request Employee and Spouse Supplemental AD&D: $0.025 / $1,000 / month Child Life: $0.130 / $1,000 / month Child AD&D: $0.020 / $1,000 / month Dependent Term Life Package: $2.900 per unit / month Age Rate / $1,000 / Month Under 25 $ 0.050 25-29 $ 0.060 30-34 $ 0.080 35-39 $ 0.090 40-44 $ 0.120 45-49 $ 0.210 50-54 $ 0.370 55-59 $ 0.610 60-64 $ 0.750 65-69 $ 1.310 70-74 $ 2.060 75** $ 2.380 Page 103 of 204 Rate Confirmation Page 2 of 2 Securian Financial Group By Date June 5, 2023 Kyle Strese Title 2nd Vice President and Actuary ACKNOWLEDGEMENT BY AUTHORIZED REPRESENTATIVE OF POLICYHOLDER This document confirms that the rates stated above are the agreed upon rates for the specified policy numbers. These rates will be charged for coverage amounts effective during the Rate Coverage Period listed above. Securian reserves the right to adjust the rates at any time in the event of plan design changes, modifications to the definition of eligible employees, or significant demographic changes in the group. We define significant changes to mean a change in the volume within a coverage or across coverages of more than 15%. Actives and retirees are considered independent coverages. The baseline for calculating the total change in volume will be the volume provided in the 2023 RFP census. By Date Title Page 104 of 204 Compensation Disclosure Form 70661.docx SECURIAN LIFE INSURANCE COMPANY COMPENSATION NOTICE & DISCLOSURE STATEMENT 1. Policyholder: City of Grand Island 2. Policy Number(s): 70661-G 3. Insurance Product(s): Group Term Life 4. Producer/Intermediary: Gallagher Benefit Services, Inc. 5. Compensation will be paid as follows: First Year: 3.0% Renewal Years: 3.0% 6. The insurance rates and fees offered by Securian Life for the Policy Number(s) listed above contain allowances to cover the cost of the commissions paid to Producer/Intermediary. There will be no additional charge to Policyholder for this compensation beyond the rates and fees agreed to for the Policy Number(s) identified above. Securian Life will not pay any additional compensation to Producer/Intermediary without the prior written authorization of Policyholder. 7. Effective Date of Compensation: August 1, 2023 SECURIAN LIFE INSURANCE COMPANY By Date (Signature) Title Assistant Secretary . ACKNOWLEDGEMENT BY AUTHORIZED REPRESENTATIVE OF POLICYHOLDER I acknowledge that I have received and read the Compensation Notice and Disclosure Statement above. I authorize Securian Life to include the Policy Number(s) identified in 2 above in the calculation of sales commissions as described in 5 above. I understand that if Schedule A of Form 5500 is required, all compensation will be reported on this form. I understand that if I have further questions regarding the payment of sales commissions I can call Securian Life at 1-888-826-2645 or e-mail them at groupcompensation@securian.com. By ____________________________________ Date ________________________________ (Signature) Title ___________________________________ DocuSign Envelope ID: 2621C0D2-547B-4EC7-AFB4-5F5D46B5946C 6/5/2023 Page 105 of 204 F93674 Rev 6-2021 In recent years, there has been a global increase in the importance and awareness of information security and privacy issues. Like many companies, Securian Financial (Minnesota Life Insurance Company and Securian Life Insurance Company) is firmly committed to protecting the privacy and security of individual insured/employee information. LifeBenefitsExtra is a website available to you to help manage your group life insurance plan. Through this website, we are able to share information quickly and easily. Technology, however, presents unique risks to privacy (e.g., keeping passwords secure, canceling passwords for terminating employees, etc.). To help protect the privacy and security of individual insured/employee information, Securian Financial requires clients to execute an Access Agreement in order to access individual insured/employee information via our website, LifeBenefitsExtra. This position is supported by legal requirements applicable to Securian Financial including the Gramm-Leach-Bliley Act and state insurance regulations which require Securian Financial to respect the privacy of its insureds and to protect the security and confidentiality of their non-public personal information. One of the many ways we meet our legal obligations is to establish written commitments for the protection and privacy of our insureds’ nonpublic personal information. Access Agreement Overview Page 106 of 204 F93674 Rev 6-2021 Group Policy Information Access Agreement Securian Life Insurance CompanyMinnesota Life Insurance Company 400 Robert Street North, St. Paul, MN 55101-2098 WHEREAS, Securian Financial has issued to Client one or more insurance policies (collectively the “Policy”), as specified on Exhibit A; and WHEREAS, Client wishes to receive certain information related to the administration of the Policy for distribution to certain of its employees and other individuals (the “Authorized Persons,” as further defined below); and WHEREAS, Securian Financial has agreed to provide such information, subject to the provisions of this Agreement. NOW THEREFORE, for good and valuable consideration the parties agree as follows: I.Definitions a.Client - Client shall include any and all parents, subsidiaries, affiliates, or subunits of Client. b.Authorized Persons - Collectively each director, officer, employee, agent, or third party that has a need to know theConfidential Information as defined herein. An Authorized Person shall cease being an Authorized Person if he or sheleaves the employ of Client or otherwise severs his or her relationship with Client. c.Confidential Information – shall include all information described in Article II of this Agreement. d.Site - an internet site with access restricted to Authorized Persons through which the Confidential Information may beprovided. II.Confidentiality; Authorized Use of Confidential Information a.Securian Financial may from time to time disclose to Client information proprietary and secret to Securian Financialand information which is personal and confidential to persons insured under the Policy. Such information, collectively,is “Confidential Information.” b.Client agrees to safeguard and hold confidential from disclosure to any person, other than an Authorized Person, anyand all Confidential Information provided by Securian Financial. c.Client shall use the Confidential Information only for a legitimate business use in connection with the administration ofthe Policy. d.Client agrees to store the Confidential Information in a secure manner and to use the same degree of care that ituses to protect its own confidential and proprietary information in order to prevent unauthorized use, disclosure, oravailability of Confidential Information. e.Securian Financial reserves the right to audit Client for compliance with the security and confidentiality provisions ofthis Agreement. Any such audit shall be at Securian Financial’s expense, upon reasonable written notice and duringnormal business hours. f.Confidential Information subject to this section shall not include information which is or becomes (1) publicly knownthrough no fault of Client; (2) known to Client through independent discovery or from third parties not under anobligation of confidence; (3) required to be disclosed by Client by applicable law, by any court, governmental agencyor regulatory authority or by subpoena or discovery request in pending litigation; or (4) independently developed byClient without use of Confidential Information. III.Client’s Duties and Responsibilities Regarding Authorized Persons a.Prior to an Authorized Person gaining access to the Site, Client shall provide to Securian Financial, in a format and amanner mutually agreed upon, certain information by which Securian Financial may identify the Authorized Person. b.Client agrees to take all reasonable steps to ensure that Authorized Persons sign a “user agreement” electronicallywhen such Authorized Person first accesses the Site. c.Client agrees to inform Securian Financial if an Authorized Person ceases to be an Authorized Person for any reasonincluding, but not limited to, termination of or change in employment. This Group Policy Information Access Agreement (the “Agreement”), is effective (date) , by and between Minnesota Life Insurance Company and/or Securian Life Insurance Company (individually or collectively referred to as “Securian Financial”), and ______________________________________________________________________(“Client”). Page 1 of 3 Page 107 of 204 F93674 Rev 6-2021 Securian Financial Print name Print name Sign name Sign name Date Date By:By: Title Title Page 2 of 3 IV.Breach The parties acknowledge that monetary damages may be inadequate for breach of this Agreement and agree that, in addition to other legal remedies, the parties may seek injunctive relief to enforce the terms of this Agreement. V.No Warranties All Confidential Information is provided “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. VI.Copyright/Trademarks The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Securian Financial and other parties. The use of any Marks without the written permission of Securian Financial or such third party that may own the Marks is prohibited. The Site is protected by copyright as to content, presentation, and design. Authorized Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content, presentation, or design on the Site for commercial, for-profit, or public purposes. VII. Governing Law This Agreement shall be construed and the rights of the parties governed by the laws of the State of Minnesota. VIII. Site Ownership No title or rights to the computer code used to generate the Site, content of the Site, or domain name is transferred to Client by this or any other Agreement. IX.Term Either party may terminate this Agreement for any reason upon giving at least a 30-day notice to the other party. Articles II and III shall survive the termination of this Agreement. X. Miscellaneous This Agreement will be construed to constitute a separate and distinct Agreement between each Company and the Client. The duties and obligations of each Company under this Agreement are several and not joint and apply only to business issued under its insurance policies referenced in Exhibit A. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written below. Page 108 of 204 F93674 Rev 6-2021 Policy Number Description of Policy Exhibit A Insurance Policy(ies) Issued to Client Page 3 of 3 Page 109 of 204 R E S O L U T I O N 2023-146 WHEREAS, the City of Grand Island requested proposals for a Life, AD&D, and Supplemental Life Insurance provider; and WHEREAS, on April 27, 2023, proposals were received, opened and reviewed; and WHEREAS, Securian Life Insurance Company of St. Paul, MN submitted a proposal in accordance with the terms of the advertisement of request for proposal. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Securian Life Insurance Company, in the amount of $51,804 annual premium, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Page 110 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 10.a. Subject: Public Hearing on the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan #2023-147 - Consideration of Approving Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan Staff Contact: Laura McAloon BACKGROUND: The voters of the City of Grand Island approved an economic development plan at the November 8, 2022 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizen Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizen Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. DISCUSSION: The Citizen Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of June 1, 2023 and voted to forward it on to the City Council for its review and acceptance. 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. Page 111 of 204 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 accept the semi-annual report of the Citizen Advisory Review Committee. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023 Semi Annual Report 2. Resolution Page 112 of 204 Semi Annual Review Page 113 of 204 Active Projects Vista Move Future Fiber Network Nita Island Dishman Wire Yellow Seed Page 114 of 204 Page 115 of 204 Page 116 of 204 Page 117 of 204 Page 118 of 204 Page 119 of 204 Housing Solutions $2M in 2022 Another $1M awarded in 2023 EDC match Changes to Rural Workforce Housing Fund Grant Admin opportunities Page 120 of 204 Nebraska Affordable Trust Fund Nebraska Department of Economic Development Page 121 of 204 Thank You For your dedication to Grand Island. Page 122 of 204 R E S O L U T I O N 2023-147 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5 requires a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on June 13, 2023; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 123 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 10.b. Subject: Public Hearing on Proposed Blighted and Substandard Area 37 for Approximately 9 Acres Located in central Grand Island south of Faidley Avenue between Carey Avenue and White Avenue (Phil Beckett and Stephen Steck) #2023-148 - Consideration of Approving Proposed Blighted and Substandard Area 37 for Approximately 9 Acres Located in central Grand Island south of Faidley Avenue between Carey Avenue and White Avenue (Phillip Beckett and Stephen Steck) Staff Contact: Chad Nabity BACKGROUND: Phil Beckett and Stephen Steck have commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 37. This study is approximately 9.1 acres of property south of Faidley Avenue between Carey Avenue and White Avenue. (Study Area). On April 11, 2023 Council referred the attached study to the Planning Commission for its review and recommendation. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. DISCUSSION: A general memo of the process and statutory authority to declare is an area blighted an substandard is attached. A flow chart of the blight declaration process is shown in Figure 1. At this time, the Council is only concerned with determining if the property is blighted and substandard. Figure 2 in that memo is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment Page 124 of 204 plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. The City of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of March 22, 2023, 25.19% of the City has been declared blighted and substandard. Area 37 would add 9.1 acres to the total of blighted and substandard property and would, if approved, add 0.05% to the total area declared blighted and substandard bringing the total to 25.24%. This is further modified, as allowed by statute, by reducing the total by the amount that is also declared extremely blighted; 1199.09 acres or 6.15%. The net blighted and substandard area in Grand Island is 19.09%, well below the 35% maximum. FISCAL IMPACT: There is no fiscal impact at this time. If and when an application for Tax Increment Financing is approved 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. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue RECOMMENDATION: The Regional Planning Commission held a public hearing and took action on the blight and substandard study proposed Area 37 during its meeting on June 7, 2023. Page 125 of 204 O’Neill opened the public hearing on the proposed study area. Nabity stated the study does show the property can be declared blighted and substandard. The study area is approximately 9 acres of property located south of Faidley Avenue between Carey Avenue and White Avenue. Nabity stated that Mr. Beckett has purchased the abandoned Park View nursing home and Dr. Steck owns the dental office to the east of the nursing home and would like to expand and redevelop the property around his office. Keith Marvin of Marvin Planning Consultants conducted the study. Planning Commission staff recommends approval. Keith Marvin – Marvin Planning Consultants – Stated that this area is truly a redevelopment area with more occupied properties than vacant properties. Phil Beckett was in attendance but did not comment. O’Neill closed the public hearing. A motion was made by Monter and second by Randone to approve the Substandard and Blight Study for CRA Area No. 37 and Resolution 2023-10 finding that the area can and should be declared blighted and substandard. The motion was carried with ten members voting in favor (Allan, Nelson, Ruge, Stevenson, Monter, Rainforth, Goplin, O’Neill, Doane and Randone) and no members voting no (Hendricksen and Robb were absent). SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Blight Study Area 37 2. General Blight Study Memo 3. Resolution 2023-10 4. Resolution Page 126 of 204 City of Grand Island, NE Blight and Substandard Study Area #37 April 2023 Page 127 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. This study has been commissioned by Phillip Beckett in order to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program; disaster assistance; effect. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or Page 128 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 2 property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is being considered a blighted and substandard area under the definition established by the City of Grand Island. The Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction and as allowed under Chapter 18. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. Page 129 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 3 The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future containing, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this Micro-blight include residential uses including accessory uses within the corporate limits of Grand Island. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Point of beginning is the intersection of the centerlines of White Avenue and Faidley Avenue; thence southerly along the centerline of White Avenue to the intersection of the centerline of West 6th Street; thence, westerly along the centerline of West 6th Street to the intersection with the centerline of Carey Avenue; thence, northerly along the centerline of Carey Avenue to the intersection with the centerline of Faidley Avenue; thence, easterly along the centerline of Faidley Avenue to the point of beginning. Study Area Figure 1: Study Area Map Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts either benefitting or detracting from the community. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. Page 130 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 4 TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2023 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 2.17 25.8% 23.8% Single-family 1.24 14.7% 13.6% Multi-family .93 11.1% 10.2% Manufactured Housing 0 0.0% 0.0% Commercial 3.19 37.9% 35.1% Industrial 0 0.0% 0.0% Quasi-Public/Public 0 0.0% 0.0% Parks/Recreation 0 0.0% 0.0% Transportation 3.05 36.3% 33.5% Total Developed Land 8.41 100.0% 92.4% Vacant/Agriculture .69 7.6% Total Area 9.10 100.0% Source: Marvin Planning Consultants 2023 Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compare all land uses to the total area within the Study Area. The Study Area is made up of single-family (10.6%), multi- family dwellings (10.8%), Transportation oriented land (street and R.O.W) (33.2%). However, there is a total of .69 acres (9.7%) of the study area that is considered vacant. Figure 2 Existing Land Use Map Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There were a number of conditions examined and evaluated in the field and online. There are a number of conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Structural Conditions Structural conditions were evaluated, structures were either rated as: Very Good, Good, Fair, Average, or badly worn. The data and rating system comes from the Hall County Assessor’s database and some field observations of the building conditions. The Hall County Assessor’s database is the same database used to value properties in the area. Page 131 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 5 Legend Good Condition Average Condition Fair Based upon the data provided to the planning team, the following is the breakdown for structures in the study area: • 0 ( 0.0%) structures rated as very good • 1 (11.1%) structure rated as good • 8 (44.4%) structures rated as average • 6 (44.4%) structure rated as fair • 0 ( 0.0%) structure rated as badly worn Figure 3: Structural Conditions Source: Hall County Assessor and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. Based upon these data, an assumption has been made that average condition and less would constitute less than desirable conditions due to age and conditions. It is common for older structures to get more maintenance and upkeep in order to maintain a good or higher condition. Even an average structure will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Overall, 88.8% of the structures in this study area are average condition or worse. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Deterioration of Site or Other Improvements Site Improvements Conditions The properties within the study area were accessed via the public street system and the individual parking lots when possible. The only critical areas in need of site improvements within this study area are on individual properties. Based upon review of images of the study area below a number of the private parking areas are in need to be updated and are creating deteriorated conditions within the study area. Page 132 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 6 Based upon the field analysis, there are sufficient elements present to meet the definition of deterioration of site and other improvements in the Study Area. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2023 Number of Structures Construction date Age Cumulative Age 1 1900 123 123 1 1920 103 226 1 1935 88 314 1 1940 83 397 1 1958 65 462 1 1960 63 525 1 1962 61 586 1 1963 60 646 1 1975 48 694 1 1979 44 738 1 1980 43 781 2 1992 62 843 1 1995 28 871 1 2003 20 891 Total Cummulative 15 891 Average Age 59.4 Source: Hall County Assessor’s and Marvin Planning Consultants 2023 Within the study area there are 15 primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites the six of the nine structures are over 40 years of age. When examining the age based upon a cumulative approach, as in Table 2, the average age of the primary structures is equal to 59.4 years; thus, meeting the requirements of the statutes. The age of the structures would be a direct contributing factor. Improper Subdivision or Obsolete Platting There is a presence of platted lots in the study area having been platted for more than 40 years without being built upon. Blighting Summary These conditions are contributing to the blighted conditions of the study area. Criteria under Part A of the Blight Definition • Substantial number of deteriorating structures o Within the study area 88.8% of the structures were deemed to be in either average or badly worn condition. Page 133 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 7 • Deterioration of site or other improvements o All of the deterioration of site improvements fall on private property and are a contributing factor. o Their current condition, if left alone, will become even more deteriorated in the very near future. • Diversity of Ownership o There are approximately 21 different property owners within the study area. Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years o The average age based upon a cumulative age calculation is 46.8 years. • Improper Subdivision or Obsolete Platting o There is a presence of platted undeveloped lots within the study area. The other criteria for Blight were not present in the area, these included: • Faulty Lot Layout • Combination of factors which are impairing and/or arresting sound growth. • Stable or decreasing population based upon the last two decennial census. • Insanitary and Unsafe Conditions • Dangerous conditions to life or property due to fire or other causes • Defective/Inadequate street layouts • Tax or special assessment delinquency exceeding fair value of the land. • Defective or unusual condition of title, • Unemployment in the designated area is at least 120% of the state or national average. • The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Page 134 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 8 Substandard Conditions Average age of the residential/commercial units in the area is at least 40 years Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. TABLE 3: AVERAGE STRUCTURAL AGE, BY METHOD - 2023 Number of Structures Construction date Age Cumulative Age 1 1900 123 123 1 1920 103 226 1 1935 88 314 1 1940 83 397 1 1958 65 462 1 1960 63 525 1 1962 61 586 1 1963 60 646 1 1975 48 694 1 1979 44 738 1 1980 43 781 2 1992 62 843 1 1995 28 871 1 2003 20 891 Total Cummulative 15 891 Average Age 59.4 Source: Hall County Assessor’s and Marvin Planning Consultants 2023 Within the study area there are 15 primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites the six of the nine structures are over 40 years of age. When examining the age based upon a cumulative approach, as in Table 3, the average age of the primary structures is equal to 59.4 years; thus, meeting the requirements of the statutes. The age of the structures would be a direct contributing factor. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #37 Blight Study Area #37 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions under Part A • Substantial number of deteriorating structures • Deterioration of site or other improvements • Diversity of Ownership Page 135 of 204 Blight and Substandard Study City of Grand Island, Nebraska • March 2023 Page 9 Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years. • Improper Subdivision or Obsolete Platting Substandard Conditions • Average age of the structures in the area is at least forty years. Page 136 of 204 Council Agenda Memo From:Regional Planning Commission Meeting:June 13, 2023 Subject:General Blight and Substandard Declaration Memo Presenter(s):Chad Nabity, AICP Background This memo describes the general process and considerations for declaring any area of the City blighted and substandard. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: 18-2109. Redevelopment plan; preparation; requirements; planning commission or board; public hearing; notice; governing body; public hearing; notice. (1) An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after the public hearings required under this section, declared such area to be a substandard and blighted area in need of redevelopment. (2) Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is substandard and blighted and shall submit the question of whether such area is substandard and blighted to the planning commission or board of the city for its review and recommendation. The planning commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to this subsection. The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. Page 137 of 204 (3) Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection (2) of this section, the governing body shall hold a public hearing on the question of whether the area is substandard and blighted after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to subsection (2) of this section. At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration. (4) Copies of each substandard and blighted study or analysis conducted pursuant to subsection (2) of this section shall be posted on the city’s public web site or made available for public inspection at a location designated by the city. ~Reissue Revised Statutes of Nebraska 7-19-18 A flow chart of the blight declaration process is shown in Figure 1. Page 138 of 204 Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Page 139 of 204 Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Page 140 of 204 It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1. review the study, 2. take testimony from interested parties, 3. review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4. make findings of fact, and 5. include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (3) Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment Page 141 of 204 project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (31) Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and ~Reissue Revised Statutes of Nebraska 7-19-18 Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommended Questions for City Council •Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.) •Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area? •Is public intervention appropriate and/or necessary for the redevelopment of the area? •Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City? •What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. Page 142 of 204 Page 143 of 204 R E S O L U T I O N 2023-148 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Phil Beckett and Stephen Steck have caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 37; and WHEREAS, Marvin Planning Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, such study was presented to the Grand Island City Council on April 11, 2023, and WHEREAS, on April 11, 2023, the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its June 7, 2023 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on June 13, 2023; and WHEREAS, the Grand Island City Council finds that the property identified in the study meets the statutory qualifications to be declared Blighted and Substandard and that such designation would encourage development and redevelopment of this property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 37 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 144 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 10.c. Subject: Public Hearing on Request from GSI Engineering, LLC for a Conditional Use Permit to Continue Operations of a Remediation System to Address Petroleum Contamination located at 2028 East Highway 30 #2023-149 - Consideration of Request from GSI Engineering, LLC for a Conditional Use Permit to Continue Operations of a Remediation System to Address Petroleum Contamination located at 2028 East Highway 30 Staff Contact: Chad Nabity BACKGROUND: This request is for approval of a conditional use permit to allow for the temporary placement of a remediation system to facilitate the removal of petroleum contamination from groundwater at the site. The site is currently zoned (M-2) Heavy Manufacturing. Trailers and temporary buildings are only allowed within this zoning classification if approved by the City Council in the form of a conditional use permit. The request is for approval of a five year period. DISCUSSION: This proposal is to allow for the use of the trailer at the site to aid in the clean up of groundwater. The proposed length of time is for five years, City code provides for a two year approval with the possibility of subsequent approvals. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties, and no concerns have been presented. Past approvals for these types of request have been granted for five year durations as the process appears to extend past a two year period. A permit for this use was granted for a five year period in June of 2018. Additional time to complete the clean up is required based on information from the Nebraska Department of Environment and Energy. FISCAL IMPACT: There is no fiscal impact. Page 145 of 204 ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for a conditional use permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2. Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3. Modify the request to meet the wishes of the Council 4. Refer the matter to a special committee for a determination of a finding of fact. 5. Table the issue. RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. application 2. Resolution Page 146 of 204 Page 147 of 204 Page 148 of 204 STUHR RD SU S 3 0 H W Y E SEEDLING MILE RD E TRAILER SITE 0 180 36090 Feet ¬ PROPOSED AREALOCATION MAP 2028 US HIGHWAY 30 E Grand Island Council Session - 6/12/2018 Page 6 / 6 Page 149 of 204 R E S O L U T I O N 2023-149 WHEREAS know all men by these presents, that Bosselman Inc. known as Bosselman Pump & Pantry Inc. located at 2028 E. U.S. Highway 30 Lot 1 of Bossleman Brothers Subdivision, being the owner of the land described hereon, have requested approval of a conditional use permit for a temporary structure needed to operate a remediation system for petroleum contamination on this site in the City of Grand Island, Hall County, Nebraska. WHEREAS, a temporary structures are anticipated and may permitted as a conditional use in all zoning districts with the Grand Island Zoning Jurisdiction; and WHEREAS, this is a renewal of a previously granted conditional use permit for this use at this location; and WHEREAS, this work is being done at the request of the Nebraska Department of Environment and Energy; and WHEREAS, the Grand Island City Council finds that: This use will improve and protect the health, welfare and safety of the citizens of Grand Island, This use and similar uses throughout the City have historically not caused any problems for property owners or other citizens, This use is necessary to improve and protect the quality of life of those near and around this property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that this temporary use is granted for a period of five years from the passage of this resolution and that if necessary this permit may be reapplied for and considered again upon the expiration of this permit. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 150 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 12.a. Subject: #2023-150 - Consideration of Approving Economic Development Incentive Agreement with GIX Logistics, Inc. Staff Contact: Laura McAloon BACKGROUND: At the November 8, 2022 General Election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Area Economic Development Corporation (GIAEDC). The Economic Development Corporation has received an application from GIX Logistics, Inc., located at 308 West 3rd Street, Suite 3 for job creation, job training and infrastructure. On May 25, 2023, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Advisory Review Committee (CARC) for consideration and recommendation. The CARC met on June 1, 2023 and approved the request and Agreement for recommendation to the City Council for final action and approval. DISCUSSION: GIX Logistics, Inc. has submitted the required LB-840 application (see attached) for a forgivable loan in the amount of $465,000.00. Proposed is the creation of 18 full-time equivalent (FTE) employees with an average hourly wage of $35.00. Requested is $465,000.00 for job creation, job training and infrastructure to be paid over four years. GIX Logistics, Inc. currently has 94 employees. This company is in the business of transportation, logistics, and distribution across the country. 75% of GIX’s customers are located outside the State of Nebraska, thus increasing interstate commerce in to the community. 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: Page 151 of 204 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 consider the resolution authorizing the City to enter into the Economic Development Agreement with GIX Logistics, Inc. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. GIX Application 2. PowerPoint 3. Resolution Page 152 of 204 Page 153 of 204 Page 154 of 204 Page 155 of 204 Page 156 of 204 Page 157 of 204 Page 158 of 204 GIX Logistics LB840 Application Page 159 of 204 LB840 Projects Active: Zabuni Specialty Coffee Auction 10 new jobs Amur Equipment Finance 15 new jobs GIX Logistics 15 new jobs Hornady Manufacturing 50 new jobs Page 160 of 204 LB840 Balance as of 5/25/2023 $1,803,144 Amur Equipment Finance ($0) Zabuni Specialty Coffee ($51,666) GIX Logistics (2021)($82,500) Hornady Manufacturing ($212,666) EDC Operating ($175,000) Ending LB840 Balance $1,281,312 Page 161 of 204 LB840 Application Located @ 308 West Third Street GIX Logistics is in the business of transportation, logistics, and distribution across the country. 75% of GIX’s customers are located outside the State of Nebraska, thus increasing interstate commerce in to the community. Page 162 of 204 Eligible Business Activities: 1.The manufacturer of articles of commerce 2.The conduct of research and development 3.The processing, storage, transport, or sale of goods or commodities which are sold or traded in interstate commerce 4.The sale of services in interstate commerce 5.Headquarter facilities relating to eligible activities as listed in this section 6.Telecommunication activities 7.End destination tourism-related activities Page 163 of 204 2015: Added 26 new jobs 2019: Added 12 new jobs 2021: Added 15 new jobs 2023: Adding 18 new jobs Page 164 of 204 Adding 18 new positions Inside Sales Representatives Average of $35.00 / hour Renovating 1st floor Page 165 of 204 Proposed LB840 Incentive Job Creation:$405,000 Job Training: $40,000 Infrastructure:$20,000 TOTAL:$465,000 Disbursed incrementally through 2026 After completion of workforce audits Page 166 of 204 Proposed LB840 Distribution Schedule Year LB840 Category LB840 Funds Distributed 2023 Job Training $13,333 2024 Job Training Job Creation Infrastructure $145,833 2025 Job Training Job Creation $125,834 2026 Job Creation $180,000 TOTAL $465,000 Page 167 of 204 LB840 Balance as of 5/25/2023 $1,803,144 Amur Equipment Finance ($0) Zabuni Specialty Coffee ($51,666) GIX Logistics (2021)($82,500) Hornady Manufacturing ($212,666) EDC Operating ($175,000) GIX Logistics (2023) **If approved ($465,000) Ending LB840 Balance $816,312 Page 168 of 204 LB840 Funds Invested: $7,194,100 Jobs Created: 1132 Annual Wages Created: $38,117,622 2015-2021 Average Wage: $21.09 Active Audits 59.5+ FTE $13.51 over Page 169 of 204 Request to approve GIX Logistics’ LB840 application for $465,000 over a four-year contract period. Page 170 of 204 R E S O L U T I O N 2023-150 WHEREAS, on November 8, 2022, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, GIX Logistics, Inc. has applied for a forgivable loan for job creation, job training and infrastructure in the amount of $465,000.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation on May 25, 2023 and was approved on June 1, 2023 by the Citizens Advisory Review Committee; and WHEREAS, GIX Logistics, Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to GIX Logistics, Inc. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and GIX Logistics, Inc., to provide $465,000.00 in economic assistance to GIX Logistics, Inc. to be used for job creation, job training and infrastructure in Grand Island, is hereby approved. 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, June 13, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Page 171 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 13.a. Subject: #9929 - Consideration of Revisions to Chapter 35 of the City Code - Water Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: High Density Polyethylene (HDPE) pipe is an internationally used material for water pipe and is the primary product used in many municipalities. This pipe meets the requirements of the American Water Works Association in addition to the American Society for Testing and Materials. Chapter 35 of City code currently only allows Type K copper pipe to be utilized for small diameter water services. Due to the significant cost difference between copper pipe and HDPE pipe, a product investigation was untaken as a conjoined effort between the Utility Department, Building Department, and the Plumbers Examining Board. This undertaking has led to a unified recommendation from the groups involved to add HDPE pipe as an additional alternative to copper pipe. DISCUSSION: The proposed City Code changes to Chapter 35 - Water include revisions to applicable sections of the code that provide for the Utility and Building Departments to allow the use of HDPE pipe in installations requiring 2” pipe or smaller that fall outside of the boundaries of documented Groundwater Control Areas in the City. 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. Page 172 of 204 RECOMMENDATION: City Administration recommends that the Council approved Ordinance 9929 revising Chapter 35 – Water of the City Code. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 173 of 204 ORDINANCE NO. 9929 An ordinance to amend Chapter 35 of the Grand Island City Code, Sections 35-5, 35-12, and 35-43; and 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. Chapter 35, Sections 35-5, 35-12, and 35-43 of the Grand Island City Code are hereby amended to read as follows: §35-5. Service Pipes; Specifications; Laying A service pipe shall be defined as a private service, tapped off of a public water main, feeding a single lot or single entity/tenant. Either copper or ductile iron pipe, of any standard diameter, may be used at the option of the consumer. High Density Polyethylene pipe (HDPE) may be used for service sizes of 2” or less in area not bounded by the groundwater control areas noted herein. Copper service pipe shall be at least one-eighth inch larger in diameter than the tap through which it is supplied. All piping associated with fire protection shall conform to the testing and flushing requirements of the adopted version of the National Fire Protection Association (NFPA). All other piping shall be tested and flushed per the adopted version of the adopted Plumbing Code and/or the discretion of the Building Department. Any piping found to be transferring electric current should be brought to the attention of the City Building Department at the time of discovery. In all cases, service pipes larger than two inches in diameter, which are laid between the water main in the street and the backflow device, shall be of pressure class 350 ductile iron, either mechanical joint or slip joint pipe. This shall be built and laid to withstand a pressure of 200 psi and must conform to City of Grand Island Division VI Specifications and Standards, the Plumbing Code adopted by the City of Grand Island, or current AWWA standards; whichever is most restrictive. All service pipes shall be laid under the surface of the ground with no less than five feet of earth cover, and in all cases shall be so protected as to prevent rupture by freezing unless otherwise authorized by the Utilities Department. In all cases, water service pipes, two inches or smaller in diameter, shall be of copper pipe between the water main and water meter. All new service pipe, two inches or smaller in diameter, laid between the water main and the curb stop at the property line shall be built of continuous construction without joints, unions, or splices; however, two inch pipe may be installed with soldered joints or compression fittings. All piping shall meet the following Page 174 of 204 ORDINANCE NO. 9929 (Cont.) specifications: Specifications for Copper Pipe: Copper pipe shall be Type K, cold drawn to size and of the proper bending temper and shall be made from phosphorized copper completely deoxidized and have a purity of at least ninety- nine and nine-tenths percent copper. Copper pipe shall have the following dimensions: Nominal Size in Inches Wall Thickness In Inches Pounds/Lineal Foot Outside Diameter In Inches 3/4 .065 .641 .875 1 .065 .839 1.125 1 1/2 .072 1.36 1.625 2 .083 2.06 2.125 In all cases, service pipes larger than two inches in diameter which are laid between the water main in the street and the backflow device shall be of pressure class 350 ductile iron, either mechanical joint or slip joint pipe. This shall be built and laid to withstand a pressure of 200 psi and must conform to City of Grand Island Division VI Specifications and Standards, the Plumbing Code adopted by the City of Grand Island, or current AWWA standards; whichever is most restrictive. High Density Polyethylene Pipe (HDPE): The underground HDPE water service lines shall meet the following requirements: 1) NSF approved for drinking water 2) Minimum of 200 psi rated for pressure 3) ASTM D 2737 & AWWA C901 4) All connections will conform to the standard copper tubing sizes noted herein. 5) Buried with an insulated, 14 gauge or larger, copper tracer wire taped, or zip tied (non-metallic), to the pipe every 5 feet. a. Must be attached to the corporation cock at one end and terminated on a City approved tracer wire access point at the curb stop on the other end. b. Must be terminated on a City approved tracer wire access point at the curb stop on one end and the shutoff valve in the structure at the other end. 6) If being used to replace an existing metallic service line, electrical grounding of the building must be modified to meet the requirements set forth in the National Electric Code as adopted by the City. Page 175 of 204 ORDINANCE NO. 9929 (Cont.) §35-12. Repairs and Maintenance All single family residential customers, as defined by the building code adopted by the City of Grand Island, assume ownership and repair/maintenance costs of the service line between the curb stop and their dwelling including the piping, meter, and backflow device. The Utilities Department will assume ownership from the water main up to, and including, the curb stop. All commercial/industrial/multi-family entities, as defined by the building code adopted by the City of Grand Island, assume ownership and repair/maintenance costs of the entire service line and fire line from the water main to their property and all materials on their property including the isolation valves, private line valves, tracer wire, tracer wire access points, fire hydrants, valve boxes,, piping, meter(s), and backflow device(s). All persons taking city water shall keep the service pipes, tracer wire, tracer wire access points, meters, and other apparatus in good working order and repair, and protect the same from frost at their own risk and expense. Leaking service pipes, and other water service appurtenances shall be repaired in a timely manner by the consumer at the consumer's expense. Equipment not in good working order shall be replaced or repaired by the consumer at the consumer's expense. The Utilities Department shall have the right to operate the curb stops and/or valves at any time deemed necessary by the Utilities Director. The City shall not be responsible for any damage to or damage caused by failure of the customer's service pipe, corporation stops, curb stops, valves, or any other appurtenances of the water service, unless caused by gross negligence or intentional acts by the City or its employees or agents. In all cases, service pipes laid between the corporation stop and curb stop, must be of the same, uniform, material. Similarly, all piping laid between the curb stop and a structure must be of the same, uniform, material. §35-43. Abandonment Of Service Pipes All persons abandoning any water service pipe shall have a licensed plumber turn off the line at the water main tap. All copper services 1.5” and smaller shall be cut and crimped as close as possible to, not to exceed one foot from, the tap or have a sweated cap installed depending on the discretion of the City. All 2” copper services should be cut within a foot of the main and a cap should be sweated on the remaining stub. All high density polyethylene (HDPE) service pipes should be completely removed and of length of copper pipe, not to exceed 12”, should be inserted into the corporation stop with a sweated on cap placed on the end of the stub. All services shall be abandoned at the direction of the Utilities Department. The Utilities Department shall be notified whenever a service pipe is abandoned and shall be permitted to inspect and approve all work done in connection with such abandonment. Any person failing to abandon a service pipe in compliance with this section shall be guilty of a violation of the Grand Island City Code and shall pay the Utilities Department for the costs of properly shutting off, closing or crimping any abandoned service pipe and shall be liable for any damages to municipal property caused by the improperly abandoned service pipe. The Utilities Director may approve alternate means of closing and abandoning service pipes upon request if the foregoing procedure is impractical. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, Page 176 of 204 ORDINANCE NO. 9929 (Cont.) and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 13, 2023 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 177 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 13.b. Subject: #9930 - Consideration of Revisions to Chapter 15 of the City Code - Electricity Staff Contact: Patrick (Pat) Brown BACKGROUND: Currently, only commercial accounts are being asked for a utility deposit (no less than $200 and no more than $2,000) and those deposits accrue interest based on the three (3) month LIBOR (London Interbank Offered Rate). The rate that is effective in October of every year is what is used for the next 12 months. These deposits are refunded with interest if the customer finals out their account or if they have had a good payment history for two years. The LIBOR rate was discontinued for new business as of December 31, 2021 by the United Kingdom’s Financial Conduct Authority (FCA). The changes will no longer be announced starting June 30, 2023. Finance staff spends at minimum one hour a month recording and maintaining interest on approximately 590 accounts currently in a deposit status. Since fiscal year 2018 we have recorded on average $584 a month of interest across all of these accounts. The most time-consuming part is when a commercial account is eligible for its deposit to be refunded, we have to manually calculate to the City Council schedule of bills date and then accounts payable staff will process. Depending on the volume of accounts that are eligible, we could spend hours potentially for the deposit refund. In all, we pay staff for a significant amount of time to calculate very little interest that has to be tracked for many years. Also, as a note, we have over 200 accounts that are past the two-year mark and we have to review every month to see if they are eligible for a refund as they were not and are not currently eligible based on the current criteria. DISCUSSION: The following changes are proposed for Utility deposits: The City of Grand Island will not pay interest on any deposits going forward. Currently, Southern Public Power District, City of Kearney and the City of Hastings do not pay interest to customers on their utility deposits. If the city elects to stop paying interest, Page 178 of 204 then the commercial accounts currently with deposits would be paid interest up to the new ordinance effective date. • The recommendation would be to make a change from 24 months to 12 months of good payment history to be eligible for a refund. This includes no more than one delinquent payment. • Unless the account is being finalized, the standard process would be to issue a credit to their account. • Deposits historically have only been applied to accounts when they get finalized before they are eligible for a refund. We do not have to rely on them because of a bad payment history. 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 Finance recommends that the Council approve the proposed Ordinance #9930. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 179 of 204 ORDINANCE NO. 9930 An ordinance to amend Chapter 15 of the Grand Island City Code, Sections 15-50; and 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. Chapter 15, Sections 15-50 of the Grand Island City Code are hereby amended to read as follows: §15-50. Deposit Requirements (A) Except as provided below, all electric service accounts established under the commercial rate structure shall be required to maintain a deposit in an amount to be determined by the Utilities Department as set forth in this section. (B) Deposits for accounts in existence before September 1, 1983, shall be maintained in the amount established under the ordinances in effect at the time of the initial deposit, unless said deposit has been distributed under the provisions of this section. (BC) Deposits for any account created on or after September 1, 1983, and deposits for all accounts for which service has been reinstated after being disconnected for nonpayment shall be maintained in an amount of not less than Two Hundred Dollars ($200), nor more than Two Thousand Dollars ($2,000), as determined by the Utilities Department. The amount of the deposit required shall be equal to two times the highest billed period of the last 12 billing periods, not to exceed Two Thousand Dollars ($2,000). For new construction or properties that have been unoccupied for the last 12 billing periods, a similar property from an identically zoned business shall be used in establishing the required deposit amount.Deposits for any account created on or after September 1, 1983, and deposits for all accounts for which service has been reinstated after being disconnected for nonpayment shall be maintained in an amount of not less than Two Hundred Dollars ($200), nor more than Two Thousand Dollars ($2,000), as determined by the Utilities Department. The amount of the deposit required shall be equal to two times the highest billed period of the last 12 billing periods, not to exceed Two Thousand Dollars ($2,000). For new construction or properties that have been unoccupied for the last 12 billing periods, a similar property from an identically zoned business shall be used in establishing the required deposit amount. (D) From and after October 1, 2010, all deposits required herein shall accrue interest at the annually adjusted interest rate based on the 3 month LIBOR as of October 1, or the next business day. Interest shall be payable to the customer only at the time the deposit is refundable as provided in subsection E below. (CE) The deposit required herein shall be refunded to the customer as follows: (1) When the electric service has been disconnected, whether at the request of the customer or for nonpayment of the customer's electric bill, or a new account has been created for said service with a different customer, and a final reading has been taken, any deposit on hand and minus the amount of any unpaid billing statement and other charges, shall be refunded to the customer; or (2) After at least one year of continuous service to the customer, if the monthly payments for the account have been made promptly, with no more than one delinquent payment during the twelve (12) month period immediately preceding, the Utilities Department shall credit any deposit on hand. For the purposes of this subsection, a payment shall be deemed delinquent if made more than fifteen (15) days after the date set forth on the monthly billing statement. The deposit required herein shall be refunded to the customer as follows: Page 180 of 204 ORDINANCE NO. 9930 (Cont.) 2 (1) When the electric service has been disconnected, whether at the request of the customer or for nonpayment of the customer's electric bill, or a new account has been created for said service with a different customer, and a final reading has been taken, any deposit on hand plus the accrued interest thereon, and minus the amount of any unpaid billing statement and other charges, shall be refunded to the customer; or (2) After at least two years of continuous service to the customer, if the monthly payments for the account have been made promptly, with no more than two delinquent payments during the twenty-four (24) month period immediately preceding the request, the customer may request the Utilities Department in writing to refund the deposit. Upon receipt of the request, and if the above conditions of prompt payment have been met, the Utilities Department shall refund any deposit on hand, plus the accrued interest to the customer. For the purposes of this subsection, a payment shall be deemed delinquent if made more than fifteen (15) days after the date set forth on the monthly billing statement. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 13, 2023 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 181 of 204 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: June 13, 2023 Item #: 13.c. Subject: #9931 - Consideration of Approving Salary Ordinance Staff Contact: Laura McAloon BACKGROUND: The salary ordinance for employees of the City of Grand Island comes before Council when changes are proposed. The following details the proposed changes to the salary ordinance. DISCUSSION: Administration is recommending three changes to the organizational structure. The first is the addition of an Assistant City Administrator classification with a salary range of $69.3040 - $90.3360. This position will assist the City Administrator in administering and coordinating City programs and activities and will act for the City Administrator in their absence. The position will also function as the City’s chief financial officer, including oversight of the day to day management of the City’s operating and capital budgets, coordinating and expanding the City’s economic development efforts, representing the City in dealing with outside organizations that receive funding from and provide economic development services to the City, making recommendations on appropriate matters of business such as performance management and policy development, and performing other duties assigned by the City Administrator. The second change is the renaming of the Planning Director to the Community Development Director. The recent retirement of the Building Director allowed for a review of the organizational structure of both the Planning Department and Building Services Department, including staffing levels, job classifications and workloads. Following this review and an analysis of the structure of our peer first class cities and comparable cities, Census data showing the continued growth of the City, the Administration is recommending the consolidation of Planning and Building Services into a Community Development Department that will be responsible for all City functions related to land use and growth of the City. This includes zoning regulations, building regulations, developer services, project permitting, and the enforcement of these related regulations and permits. The Administration recommends renaming of the Planning Director position to Community Development Director to reflect the expanded Page 182 of 204 department and oversight role of the Director. The final proposed change is to remove the Building Director classification and replace it with a Chief Building Official classification. The reorganization of Planning into Community Development would eliminate the need for dual Directors. The Chief Building Official would report to the Community Development Director. The Chief Building Official would then supervise the Building staff. The salary range for the Chief Building Official is $39.4570 - $57.4840. The Interim City Administrator attended the most recent meeting of the Central Nebraska Homebuilders Association to talk about these recommended changes to the organizational structure of Planning and Building Services, which are both heavily utilized by their members. The feedback received was positive and some of the larger developers provided additional suggestions for streamlining the steps they follow in obtaining various building project permits from multiple departments. 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 RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1.Ordinance Page 183 of 204 ORDINANCE NO. 9931 An ordinance to amend Ordinance 9918 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to add the non-union positions and salary ranges of Assistant City Administrator and Chief Building Official; to rename the non-union position of Planning Director to Community Development Director; and to remove the non-union position of Building Director;amend the salary range for the non-union position of Public Works Director; and to repeal those portions of Ordinance No. 9918 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 29.9400/43.5700 Exempt Accounting Technician – Solid Waste 22.5000/29.3600 40 hrs/week Administrative Assistant –Building – Part Time 20.4435/29.3215 40 hrs/week Administrative Coordinator – Public Works 24.1100/39.3800 40 hrs/week Airport Police Officer – Part Time 30.0000 40 hrs/week Assistant City Administrator 69.3040/90.3360 Exempt Assistant Finance Director 39.5700/57.4600 Exempt Page 184 of 204 ORDINANCE NO. 9931 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Assistant Public Works Director/Engineering 53.0600/78.9100 Exempt Assistant Public Works Director of Wastewater 53.0600/78.9100 Exempt Assistant Utilities Director – Engineering/Business Operations 71.5000/97.7600 Exempt Assistant Utilities Director – Production 71.5000/97.7600 Exempt Assistant Utilities Director – Transmission 71.5000/97.7600 Exempt Attorney 45.2400/64.5100 Exempt Building Department Director 52.0500/71.8700 Exempt Cemetery Superintendent 29.1300/43.1100 Exempt Chief Building Official 39.4570/57.4840 Exempt City Administrator 86.6300/112.9200 Exempt City Attorney 60.7500/80.8000 Exempt City Clerk 38.4400/53.4400 Exempt Civil Engineer I – PW/Eng., PW/WWTP 31.5300/44.0800 Exempt Civil Engineer I – Utilities 34.3500/48.7800 Exempt Civil Engineer II – PW/Eng., PW/WWTP 38.6300/54.8200 Exempt Civil Engineer II – Utilities 40.9600/59.3500 Exempt Collection System Supervisor 30.7500/41.3300 40 hrs/week Community Development Director 53.7500/79.4500 Exempt Community Development Administrator 30.8400/42.5500 40 hrs/week Community Service Officer – Part time 19.7531/25.8858 40 hrs/week Custodian –Police Part Time 16.6900/23.7300 40 hrs/week Customer Service Representative 19.8700/26.3600 40 hrs/week Customer Service Team Leader 23.3300/34.7400 Exempt Deputy City Clerk 30.7500/42.7500 40 hrs/week Electric Distribution Superintendent 47.1700/63.1800 Exempt Electric Distribution Supervisor 43.5000/58.2500 40 hrs/week Electric Underground Superintendent 47.1700/63.1800 Exempt Electrical Engineer I 33.7300/50.0000 Exempt Electrical Engineer II 41.0600/58.0800 Exempt Emergency Management Deputy Director 32.8500/48.8300 Exempt Emergency Management Director 52.0500/71.8700 Exempt Engineering Technician I – PW/WWTP 25.2600/32.4500 40 hrs/week Engineering Technician II – PW/WWTP 31.3500/40.6300 40 hrs/week Equipment Operator – Solid Waste 23.9200/30.8100 40 hrs/week Evidence Technician – Part Time 22.2054/31.4488 40 hrs/week Page 185 of 204 ORDINANCE NO. 9931 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Finance Director 54.1600/78.4800 Exempt Finance Operations Supervisor 30.9200/41.5000 Exempt Fire Chief 58.0000/81.5700 Exempt Fire EMS Division Chief 48.0300/62.7200 Exempt Fire Operations Division Chief 48.0300/62.7200 Exempt Fire Prevention Division Chief 48.0300/62.7200 Exempt Fleet Services Shop Foreman 29.9600/43.7700 40 hrs/week GIS Coordinator – PW 34.2400/47.8500 Exempt Grants Administrator 28.6000/43.5800 40 hrs/week Grounds Management Crew Chief – Cemetery 26.5000/35.1200 40 hrs/week Grounds Management Crew Chief – Parks 27.0100/36.4900 40 hrs/week Human Resources Director 52.0500/71.8700 Exempt Human Resources Benefits/Risk Mgmt Coordinator 31.7400/44.1000 40 hrs/week Human Resources Recruiter 31.7400/44.1000 40 hrs/week Human Resources Specialist 31.7400/44.1000 40 hrs/week Information Technology Manager 48.5200/68.3100 Exempt Interpreter/Translator 20.0600/27.6300 40 hrs/week Legal Secretary 24.3000/35.8200 40 hrs/week Librarian I 28.1400/38.0400 Exempt Librarian II 30.6949/41.5500 Exempt Library Assistant I – Part Time 21.0438/27.1215 40 hrs/week Library Assistant II – Part Time 22.2294/30.8094 40 hrs/week Library Director 51.4400/73.1620 Exempt Library Page – Part Time 15.5100/18.8900 40 hrs/week Library Secretary 21.9700/26.0300 40 hrs/week Maintenance Worker – Cemetery Part Time 18.3538/23.7478 40 hrs/week Meter Reader – Part Time 24.9011/31.1038 40 hrs/week Meter Reader Supervisor 33.6200/46.1600 Exempt MPO Program Manager 34.4200/50.4100 Exempt Office Manager 29.1100/37.0900 40 hrs/week Parks and Recreation Director 53.2400/73.8400 Exempt Parks Superintendent 38.9200/57.1200 Exempt Payroll Specialist 26.2100/36.6900 40 hrs/week Planner I 32.8000/44.9100 40 hrs/week Planning Director 53.7500/79.4500 Exempt Police Captain 46.6400/62.4700 Exempt Page 186 of 204 ORDINANCE NO. 9931 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Police Chief 62.4285/83.8548 Exempt Power Plant Maintenance Supervisor 44.3100/62.2900 Exempt Power Plant Operations Supervisor 45.5300/64.8900 Exempt Power Plant Superintendent – PGS 57.2400/83.0400 Exempt Public Safety Apprentice – Part Time 19.7531/25.8858 40 hrs/week Public Works Director 84.1346/108.1731 Exempt Recreation Coordinator 28.1000/40.0900 Exempt Recreation Superintendent 37.2800/53.2000 Exempt Regulatory and Environmental Manager 43.3598/64.8700 Exempt Senior Civil Engineer – PW/Eng., PW/WWTP 43.2400/61.6600 Exempt Senior Civil Engineer – Utilities 50.1300/69.6500 Exempt Senior Electrical Engineer 48.8088/70.6800 Exempt Senior Engineering Technician – PW/WWTP 34.8500/43.4800 40 hrs/week Senior Public Safety Dispatcher 25.0300/33.6800 40 hrs/week Senior Utility Secretary 20.5000/29.4900 40 hrs/week Shooting Range Superintendent 37.2800/53.2000 Exempt Solid Waste Division Clerk 23.9000/30.9200 40 hrs/week Solid Waste Foreman 28.4300/39.8800 40 hrs/week Solid Waste Superintendent 39.4600/54.4100 Exempt Street Superintendent 37.1900/53.6400 Exempt Street Foreman 29.9600/42.8000 40 hrs/week Transit Program Manager 37.3000/55.9400 Exempt Utilities Director 96.8100/137.8100 Exempt Utility Production Engineer 49.7300/70.1400 Exempt Utility Warehouse Supervisor 31.8200/44.3500 40 hrs/week Victim Assistance Unit Coordinator 24.1500/33.6000 40 hrs/week Victim/Witness Advocate 18.1100/25.2000 40 hrs/week Wastewater Plant Chief Operator 31.2500/44.0000 40 hrs/week Wastewater Plant Operations Engineer 49.9946/69.8306 Exempt Wastewater Plant Maintenance Supervisor 31.5500/42.5000 40 hrs/week Wastewater Plant Regulatory Compliance Manager 34.4400/49.0100 Exempt Water Superintendent 40.5500/55.5300 Exempt Water Supervisor 35.0800/47.1300 40 hrs/week Worker / Seasonal 9.0000/30.0000 Exempt Worker / Seasonal 9.0000/30.0000 40 hrs/week Worker / Temporary 9.0000/30.0000 40 hrs/week Page 187 of 204 ORDINANCE NO. 9931 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Parks & Recreation Part time 9.0000/30.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria: •The referral cannot have worked as a City of Grand Island lifeguard in the past. •The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours. •Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 22.8093/30.9319 40 hrs/week Fleet Services Mechanic 25.6446/35.4516 40 hrs/week Horticulturist 26.7162/35.4854 40 hrs/week Library Assistant I 21.0438/27.1215 40 hrs/week Library Assistant II 22.2294/30.8094 40 hrs/week Maintenance Worker – Cemetery 22.9423/29.6848 40 hrs/week Maintenance Worker – Parks 21.2371/29.2748 40 hrs/week Maintenance Worker – Streets 21.8851/29.5432 40 hrs/week Senior Equipment Operator – Streets 25.2007/34.0905 40 hrs/week Senior Maintenance Worker – Streets 25.0312/33.6870 40 hrs/week Traffic Signal Technician 26.9078/34.9546 40 hrs/week Page 188 of 204 ORDINANCE NO. 9931 (Cont.) - 6 - SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 23.0592/31.1427 40 hrs/week Custodian 17.3168/22.2297 40 hrs/week Electric Distribution Crew Chief 40.0180/50.8883 40 hrs/week Electric Underground Crew Chief 40.0180/50.8883 40 hrs/week Engineering Technician I 26.9438/33.6054 40 hrs/week Engineering Technician II 33.4262/42.0591 40 hrs/week Instrument Technician 38.1828/48.6745 40 hrs/week Lineworker Apprentice 28.6219/39.7063 40 hrs/week Lineworker First Class 36.4634/45.0366 40 hrs/week Materials Handler 31.9304/40.6147 40 hrs/week Meter Reader 24.9011/31.1038 40 hrs/week Meter Technician 34.2474/38.8808 40 hrs/week Power Dispatcher I 37.1850/46.1314 40 hrs/week Power Dispatcher II 41.4939/52.2441 40 hrs/week Power Plant Maintenance Mechanic 35.6475/44.0858 40 hrs/week Power Plant Operator 38.9418/45.1736 40 hrs/week Senior Engineering Technician 37.1606/46.3613 40 hrs/week Senior Materials Handler 36.5589/50.6839 40 hrs/week Senior Power Dispatcher 46.4846/57.6769 40 hrs/week Senior Power Plant Operator 44.8138/51.9510 40 hrs/week Senior Substation Technician 40.3461/47.6808 40 hrs/week Senior Water Maintenance Worker 27.7530/36.3262 40 hrs/week Substation Technician 40.1454/45.8032 40 hrs/week Systems Technician 42.8267/48.0292 40 hrs/week Tree Trim Crew Chief 36.7118/46.1475 40 hrs/week Utility Electrician 35.7086/45.4247 40 hrs/week Utility Groundman 25.1532/31.7240 40 hrs/week Page 189 of 204 ORDINANCE NO. 9931 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.8148/46.9236 40 hrs/week Utility Warehouse Clerk 27.0220/33.7577 40 hrs/week Water Maintenance Worker 26.1725/34.4410 40 hrs/week Wireworker I 26.3010/38.8226 40 hrs/week Wireworker II 36.4634/45.0366 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 29.0000/41.0000 Police Sergeant 39.0000/47.0000 Police Lieutenant 42.0000/54.0000 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave, bereavement leave, and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, Page 190 of 204 ORDINANCE NO. 9931 (Cont.) - 8 - shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any Police Officer assigned as a Field Training Officer shall, in addition to his/her regular salary, be paid Two dollars ($2.00) per hour while actively working with a trainee or other issues directly concerning a trainee. A lateral hiring incentive is provided, namely for certified applicants, Five Thousand dollars ($5,000) certification credit and fifty (50) hours of compensatory time if eligible. A referral incentive is provided for existing Officers who successfully recruit applicants, specifically, a Three Hundred dollar ($300) incentive for the referral of one non-certified applicant who makes the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of two or more non-certified applicants who make the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of one or more certified applicants who make the Civil Service eligibility list; and a One Thousand Seven Hundred dollar ($1,700) incentive if one or more of the referred applicants is hired. A retention incentive will offered to active sworn Officers’ for the life of the contract with final payment made in October of 2025. Each current employee as of October 1, 2022, who maintains active employment status, will receive a lump sum payment in the first full pay period of the dates specified in the following schedule: Completion of Contract Year 2022-2023: $5,000.00 (paid in October 2023) Completion of Contract Year 2023-2024: $3,000.00 (paid in October 2024) Completion of Contract Year 2024-2025: $2,000.00 (paid in October 2025) Employees hired between October 2, 2022 and October 1, 2024 will receive a retention incentive after completing a full contract year of service. The amount paid will correspond with the applicable contract year completed. Page 191 of 204 ORDINANCE NO. 9931 (Cont.) - 9 - Designated Officers who are covered under the FOP labor agreement and are assigned to specialized assignments that routinely involve changes in schedules for training purposes, call in for duty, and/or specialized training and certifications as listed below are eligible for additional compensation. Tier I specialized assignments will receive an additional sixty cents ($0.60) per hour. Tier II specialized assignments will receive an additional thirty cents ($0.30) per hour. Officers shall only be compensated for one (1) Tier I assignment and one (1) Tier II assignment regardless of how many assignments they may possess within that Tier. Maximum specialty pay will be ninety cents ($0.90) per hour which is equal to a Tier I and Tier II assignment. Tier I Tier II SWAT All Department Designated Instructors: Police K9 Firearms Drug Recognition Expert Defensive Tactics Accident Reconstruction Team Less Lethal CERT/Hostage Negotiator Drone SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.4916/30.5216 212 hrs/28 days Firefighter / EMT 17.7091/25.0171 212 hrs/28 days Firefighter / Paramedic 19.1441/27.3074 212 hrs/28 days Life Safety Inspector 27.0165/35.5705 40 hrs/week Battalion Chief 30.1957/35.1300 212 hrs/28 days Page 192 of 204 ORDINANCE NO. 9931 (Cont.) - 10 - IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Wastewater Treatment Plant labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 22.2214/29.4817 40 hrs/week Administrative Assistant – WWTP 20.4435/29.3215 40 hrs/week Biosolids Technician 25.3842/36.7560 40 hrs/week Equipment Operator – WWTP 23.2949/31.5147 40 hrs/week FOG Program Manager 28.7162/39.3130 40 hrs/week Lead Maintenance Mechanic 28.0427/37.2338 40 hrs/week Lead Maintenance Worker 22.9094/32.9018 40 hrs/week Lead Wastewater Plant Operator 27.5666/38.5945 40 hrs/week Maintenance Mechanic I 23.7880/32.0519 40 hrs/week Maintenance Worker – WWTP 23.0713/30.6957 40 hrs/week Senior Equipment Operator 27.0346/34.7365 40 hr/week Stormwater Program Manager 28.7162/39.3130 40 hrs/week Wastewater Plant Laboratory Technician 25.4677/33.7709 40 hrs/week Wastewater Plant Operator I 22.8165/30.1690 40 hrs/week Wastewater Plant Operator II 25.3735/33.7967 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance labor agreement, and the Page 193 of 204 ORDINANCE NO. 9931 (Cont.) - 11 - ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Service/Clerical/Finance labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 19.7952/26.5714 40 hrs/week Accounting Technician – Streets 21.7231/29.0721 40 hrs/week Accounts Payable Clerk 21.9060/29.5514 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.4435/29.3215 40 hrs/week Audio Video Technician 26.8201/36.8240 40 hrs/week Building Inspector 27.0111/37.2347 40 hrs/week Cashier 20.0668/25.6234 40 hrs/week Community Service Officer 19.7531/25.8858 40 hrs/week Computer Technician 25.5128/36.8584 40 hrs/week Crime Analyst 28.6794/38.1368 40 hrs/week Electrical Inspector 27.1431/37.0999 40 hrs/week Emergency Management Coordinator 25.0300/33.6800 40 hrs/week Engineering Technician I – Public Works 25.2600/32.4500 40 hrs/week Engineering Technician II – Public Works 31.3500/40.6300 40 hrs/week Evidence Technician 22.2054/31.4488 40 hrs/week GIS Coordinator 34.2400/47.8500 40 hrs/week Maintenance Worker I – Building, Library, Police 18.8024/25.2757 40 hrs/week Maintenance Worker II – Building, Library, Police 21.5781/28.7625 40 hrs/week Payroll Clerk 23.1606/32.5054 40 hrs/week Plans Examiner 27.0157/39.8241 40 hrs/week Plumbing/Mechanical Inspector 27.0830/36.5581 40 hrs/week Police Records Clerk 19.9522/26.7203 40 hrs/week Public Safety Apprentice 19.7531/25.8858 40 hrs/week Public Safety Dispatcher 22.5270/30.3120 40 hrs/week Senior Accounting Clerk 22.1760/29.8667 40 hrs/week Senior Engineering Technician – Public Works 34.8500/43.4800 40 hrs/week Shooting Range Operator 26.6273/35.8338 40 hrs/week Systems Technician 42.8267/48.0292 40 hrs/week Wastewater Secretary 20.6626/29.0337 40 hrs/week Page 194 of 204 ORDINANCE NO. 9931 (Cont.) - 12 - The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Public Safety Dispatcher who work any hours or portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of seventy-five cents ($0.75) per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. and 11:00 p.m. A shift differential of seventy-five cents ($0.75) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.50 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional Two dollars ($2.00) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule Page 195 of 204 ORDINANCE NO. 9931 (Cont.) - 13 - commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of One Dollar ($1.00) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work the night shift will receive an additional one dollar ($1.00) per hour for wages attributable to those shifts. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Five-hundred fifty dollars ($550.00) semi-annually. New employees covered by the IBEW Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to One Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of Seven Hundred dollars ($700.00) in Years 1 and Page 196 of 204 ORDINANCE NO. 9931 (Cont.) - 14 - 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non- union Community Service Officer Part Time position and the non-union Public Safety Apprentice Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers and full time Public Safety Apprentices shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of One- thousand one-hundred dollars ($1,100.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW-Wastewater Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such Page 197 of 204 ORDINANCE NO. 9931 (Cont.) - 15 - overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours unscheduled overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities, the non-union position of Meter Reader – Part Time, and IBEW Wastewater Treatment Plant labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full- time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($12) biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of Fifty dollars ($50.00) biweekly. Page 198 of 204 ORDINANCE NO. 9931 (Cont.) - 16 - SECTION 9. Employees shall be compensated for unused medical leave as follows: 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths (586.18) hours [calculated at 53% x 1,106 hours], the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 hours]. The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two (542) hours [calculated at 50% x 1,084 = 542]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the Page 199 of 204 ORDINANCE NO. 9931 (Cont.) - 17 - IBEW Wastewater labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at 36% x 1,339 hours]. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred nine and one-half (609.5) hours [calculated at 53% x 1,150 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty-eight and sixty-five hundredths hours (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid forty percent (40%) for their accumulated medical leave at separation of employment after sixteen (16) years of sworn officer service and fifty (50) years of age; fifty percent (50%) for their accumulated medical leave at separation of employment after twenty (20) years of sworn Officer service and fifty-five (55) years of age. An employee’s beneficiary shall be paid fifty percent (50%) of accumulated medical leave an employee’s death not occurring in the line of duty. An employee’s beneficiary shall be paid one hundred percent (100%) of an Page 200 of 204 ORDINANCE NO. 9931 (Cont.) - 18 - employee’s accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. Years of service includes time at a previous agency as a sworn Officer and service must be verified. The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half (1/2) of their accumulated medical leave, not to exceed thirty (30) days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half (1/2) of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($20.00) per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of Ten Dollars ($10.00) per pay period. SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the Page 201 of 204 ORDINANCE NO. 9931 (Cont.) - 19 - City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement based upon the total length of service with the City or as a sworn officer with another agency: Officer Five (5) years (beginning 6th year) $ 350.00 Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,000.00 Twenty (20) years (beginning 21st year) $1,350.00 Twenty-five (25) years (beginning 26th year) $1,750.00 Sergeant and Five (5) years (beginning 6th year) $ 375.00 Lieutenant Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,250.00 Twenty (20) years (beginning 21st year) $1,700.00 Twenty-five (25) years (beginning 26th year $2,400.00 Non-union employees shall receive longevity pay on a prorated basis each regular pay day as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,150.00 Twenty-five (25) years (beginning 26th year) $ 1,650.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,000.00 Twenty-five (25) years (beginning 26th year) $ 1,500.00 Page 202 of 204 ORDINANCE NO. 9931 (Cont.) - 20 - Those employees who are represented by the IBEW-Wastewater Treatment Plant shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $1,000.00 Twenty-five (25) years (beginning 26th year) 1,500.00 Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 Those employees who are represented by the IBEW Service/Clerical/Finance labor agreement shall annually receive longevity pay as a lump sum payment on the payroll which includes their anniversary date as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Page 203 of 204 ORDINANCE NO. 9931 (Cont.) - 21 - SECTION 14. Those portions of Ordinance No. 9918 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: June 13, 2023 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 204 of 204