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07-25-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of July 25, 2023 7:00 PM 1. CALL TO ORDER This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law.The City Council may vote to go into Closed Session on any agenda item as allowed by state law. 2. INVOCATION Pastor Luke Biggs, Peace Lutheran Church, 1710 N. North Road 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 A sign-up sheet was available in the lobby for individuals wishing to provide input on any of tonight's agenda items. 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 on. 7. PRESENTATIONS AND PROCLAMATIONS a. Grow Grand Island Annual Report b. Water Fund - Lead Pipe Replacement c. Budget Overview Presentation 8. CONSENT AGENDA a. Approving Minutes of July 11, 2023 City Council Regular Meeting b. Approving Minutes of July 18, 2023 City Council Study Session (Budget) c. Approving Payment of Claims for the Period of July 12, 2023 through July 25, 2023 for a total amount of $5,823,942.93 d. Approving Re-appointments of Marv Webb, Todd Enck, Brad Kissler and Justin Oseka to the Building Code Advisory Board e. Approving Re-appointment of Barry Burrows and Appointment of Curtis Probasco to the Tree Board f. Receipt of Official Document - Tort Claim filed by Dennis and Juanita Dondlinger g. #2023-170 - Approving Reallocation of FTE - Engineering Technician to Underground Technician Page 1 of 295 h. #2023-171 - Approving Contract for the Electrostatic Precipitator Transformer-Rectifier i. #2023-172 - Approving Final Plat and Subdivision Agreement for Benjamin Roderick Davis Subdivision j. #2023-173 - Approving Purchase of a new Deck-Over Tilt Trailer for the Streets Division of the Public Works Department k. #2023-174 - Approving Award of Preliminary Engineering Services Agreement for Broadwell Avenue & Union Pacific Railroad Viaduct l. #2023-175 - Approving Agreement with NDOT-Local Assistance Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2024 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program 9. PUBLIC HEARINGS a. Public Hearing on Request from LAMEXICANA, Inc. dba La Mexicana, 111 East 4th Street for a Class "C" Liquor License #2023-176 - Approving Request from LAMEXICANA, Inc. dba La Mexicana, 111 East 4th Street for a Class "C" Liquor License and Liquor Manager Designation for Paz Casillas, 609 Stuhr Road, Grand Island, NE. b. Public Hearing on Redevelopment Plan Amendment CRA Area 2- Lots 3-8, Block 1, Lots 6-11, Block 2 and Lots 1-3, Block 3 of Knott Subdivision in Hall County, NE located south of Husker Highway and west of Locust Street in Grand Island – GARK Homes SHV 3V, LLC #2023-177 - Approving Redevelopment Plan Amendment CRA Area 2- Lots 3-8, Block 1, Lots 6-11, Block 2 and Lots 1-3, Block 3 of Knott Subdivision in Hall County, NE located south of Husker Highway and west of Locust Street in Grand Island – GARK Homes SHV 3V, LLC c. Public Hearing – Zoning Text Amendment - Grand Island Concerning proposed amendments to 36-68 B-2 General Business Zone regarding the maximum height allowable. #9935 - Consideration of Approving Zoning Text Amendment - Grand Island Concerning proposed amendments to 36-68 B-2 General Business Zone regarding the maximum height allowable. d. Public Hearing to consider a change of zoning for property located north of Wildwood Drive and east of U.S. Highway 281 ( Part of the E ½ of the NE ¼ and part of the E ½ of the SE ¼ of Section 1, Township 10 north, Range 10 west of the 6th P.M.) from TA Transitional Agriculture with a GCO Gateway Corridor Zone Overlay to B2-General Business with a GCO Gateway Corridor Zone Overlay #9936 - Consideration of Approving change of zoning for property located north of Wildwood Drive and east of U.S. Highway 281 ( Part of the E ½ of the NE ¼ and part of the E ½ of the SE ¼ of Section 1, Township 10 north, Range 10 west of the 6th P.M.) from TA Transitional Agriculture with a GCO Gateway Corridor Zone Overlay to B2- General Business with a GCO Gateway Corridor Zone Overlay Page 2 of 295 e. Public Hearing on the One & Six Year Street Improvement Plan #2023-178 - Approving One & Six Year Street Improvement Plan 10. REQUEST AND REFERRALS a. Cigar Bar Discussion 11. RESOLUTIONS a. #2023-179 - Consideration of Approving FY 2023-2024 Annual Budget for Railside Business Improvement District and Setting Date for Board of Equalization b. #2023-180 - Consideration of Approving FY 2023-2024 Annual Budget for Fonner Park Business Improvement District and Setting Date for Board of Equalization c. #2023-181 - Consideration of Approving FY 2023-2024 Annual Budget for South Locust Business Improvement District and Setting Date for Board of Equalization d. #2023-182 - Consideration of Approving FY 2023-2024 Annual Budget for Vehicle Off- Street Parking District #3 and Setting Date for Board of Equalization 12. ORDINANCES a. #9937 - Consideration of Approving Salary Ordinance b. #9938 - Considering Annexation of Property proposed for platting as Wildwood Business Park Subdivision, an addition to the City of Grand Island located at the Northwest Corner of U.S. Highway 281 and Wildwood Drive (First Reading) 13. OTHER ITEMS Page 3 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 7.a. Subject: Grow Grand Island Annual Report Staff Contact: BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. PowerPoint Page 4 of 295 Page 5 of 295 If you are new to Grow Grand Island… 2014 Visioning led to Grow Grand Island, Inc. Establishing as a 501c3 in Oct 2016 Contract with the City for $500k annual allocation of F&B funds for tourism, recreation and community development Other funding includes private investments, grants, in-kind, and partnership leveraging. Page 6 of 295 Executive Committee Core Partners: Chamber, EDC & Tourism Presidents, plus one representative from each of their boards. (voting) Additional Partner: Fonner CEO and a board representative. (voting) Five at-large business/community members. (voting) Two representatives from Hall County Commissioners. (non-voting) Three liaisons from the City—two from City Council and one from administration. (non-voting) Page 7 of 295 Guiding Principles Mission… Cultivate bold ideas that create quality of life and business opportunities in the region by planning, partnering and doing. Operate as a community impact organization driven by priorities. Page 8 of 295 Priorities Workforce Housing Outdoor SpacesTourism & ImageWorkforce Broadband Entrepreneurship Page 9 of 295 Livable Community Network Joined in 2018 as the 311th member –now 785! Our Livable Community Action Plan includes these five (of eight potential) domains: •1) Housing, •2) Transportation, •3) Community Support and Health Services, •4) Outdoor Spaces and Places, and •5) Civic Participation and Employment. Page 10 of 295 By the numbers 19 projects completed 8 projects underway 3 projects under exploration Completed/underway project totals $6.2M (excluding Conestoga Marketplace) Of which GGI funded $2.2M Other funding sources $4M Page 11 of 295 Projects completed include these: ◦Amur Plaza & Bathrooms ◦Elevate (new resident/citizen program) ◦Inclusive Playground ◦Entryway Signage (replaced existing signs) ◦Olympic Bunker Trap at Heartland Shooting Park ◦Equine Stalls at the Fonner campus Page 12 of 295 Projects to highlight… Degree-Based Internships & Internship Housing GRAND life (attraction) Mormon Island & Trails Legislative/State Priorities Page 13 of 295 Degree-Based Internship & housing Interns Expected Target Internship Year 15 2025 25 2026 45 2027 60 2028 Page 14 of 295 GRAND life Page 15 of 295 Mormon Island & Trails Page 16 of 295 Legislative Priorities ◦Focused approach for Grand Island ◦Enhanced Infrastructure ◦Federal Designations ◦Funding opportunities ◦Housing ◦Entrepreneurial support systems ◦Recruitment Incentives for Youth Livestock Shows Page 17 of 295 QUESTIONS? Page 18 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 7.b. Subject: Water Fund - Lead Pipe Replacement Staff Contact: Ryan Schmitz BACKGROUND: The City of Grand Island has an estimated 3,000 lead water services in its system. Recent funding has been made available that can be used to subsidize the replacement cost of these services in the City water system. DISCUSSION: The Revised Lead Copper Rule of 2021 lays out certain new requirements for water purveyors beginning in October of 2024. Additional mandates may be handed down in the near future. The City has the opportunity to proactively begin the process of replacing the lead service lines in its system at this time. A significant portion of this funding can be obtained via a 100% forgivable loan through the State of Nebraska, while the balance of the funding would be repaid via a 0% interest loan spread out over 40 years. FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Lead Copper Presentation Page 19 of 295 LEAD SERVICE PIPE REPLACEMENT Page 20 of 295 EFFECTS OF LEAD Brain and Kidney Damage Stunted Growth in Kids Hearing Problems Hypertension Anemia Increased risk of Miscarriages Page 21 of 295 Safe Drinking Water Act of 1974– Set the original drinking water standards for all water purveyors Safe Drinking Water Act Amended in 1986 – Prohibited the use of pipes containing 8%> lead and solder containing greater than 0.2% lead from being installed. HISTORY IN REGARD TO LEAD Page 22 of 295 Lead and Copper Rule of 1991– Established Maximum Contamination Levels of Lead (15 ppb) and Copper (1.3 ppm). Reduction of Lead Drinking Water Act of 2011– Lowered lead allowance in pipes to less than 0.25% of wetted surface. (Law became effective in January 2014) HISTORY IN REGARD TO LEAD Page 23 of 295 Lead Service line Inventory October 16, 2024 Develop lead service line (LSL) replacement program Communication with Customers Education for customers about lead in water. Make inventory public and online Annual notice to all customers with possible LSL LEAD AND COPPER RULE 2021 - CURRENT Page 24 of 295 Setting a lead action level to 10 ppb More stringent sampling requirements Mandatory replacement of 3%> of existing lead service pipes in each water system LEAD AND COPPER RULE 2021 - PROPOSED Page 25 of 295 CURRENT ACTIONS March 1998 Grand Island begins Orthophosphate Corrosion Control Treatment. Sample 30 properties across town every 3 years Highest lead level sampled in GI was 2.6 ppb Page 26 of 295 Infrastructure Bill Signed November 15, 2021 15 Billion Dollars for Lead Pipe Replacement Nebraska’s share is $28.65MM per year for 5 years. Distributed via State Revolving Loan process FUNDING Page 27 of 295 Opportunity Zones = 62% Forgivable Balance paid back over 40 years @ 0% interest Other Areas = 57% Forgivable Balance paid back over 30 years @ 0% interest Additional 10% of forgivable funding for mechanical inventory “investigative” work. FUNDING Page 28 of 295 3,000 Potential Lead Service Lines OWNERSHIP Page 29 of 295 43% of Lead Pipes are in Opportunity Zones OPPORTUNITY ZONES Page 30 of 295 Estimated $1MM savings by using HDPE service pipes 85% of possible lead service lines fall outside of groundwater control areas. GROUNDWATER CONTROL AREA Page 31 of 295 10 YEAR REPLACEMENT PLAN Fill existing, vacant, Engineer Tech position Create two (2) Water Maintenance Worker positions Subcontract out work to private entities Page 32 of 295 TOTAL REPLACEMENT COST = $14.1MM TOTAL FORGIVABLE COSTS = $8.3MM TOTAL CITY COST = $5.8MM ($3.3MM NPV) TOTAL COST Page 33 of 295 Year 1–2 = $0/year Year 3-6 = $62,000/year Year 7-36 = $173,000/year Year 37-42 = $62,000/year ESTIMATED PAYBACK SCHEDULE Page 34 of 295 ESTIMATED 2.5% INCREASE IN RATES AFFECT ON RATES Page 35 of 295 WATER MAIN REPLACEMENT PLANNING Page 36 of 295 WATER MAIN REPLACEMENT PLANNING Page 37 of 295 WATER MAIN REPLACEMENT PLANNING Page 38 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 7.c. Subject: Budget Overview Presentation Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FY2023 Revenues For fiscal year 2023 the revenues are projected to be $3,259,928 higher than budgeted revenues. This is due to strong Sales Tax revenues, interest income from investments, and other revenue source increases. FY2023 Expenses For fiscal year 2023, vacancy savings are projected at $2,435,217 of which the Public Safety department makes up almost all of the vacancy savings. Health Insurance was budgeted too high in FY2023 for some departments, so that will be adjusted in FY2024. Ending Cash for the General Fund is projected to end at $38,421,872 which is $21,275 higher than the beginning General Fund Cash. Per the City’s fiscal policy, cash reserves should be at 30% of Total Appropriations, which is $12,918,243. The difference in ending cash and fiscal policy reserve is excess cash and could be spent on one-time purchases. The amount available for one-time purchases is $24,503,629. FY2024 Revenues Property tax revenues will remain the same as they were in FY2023 at $12,086,673. Sales Tax revenues are projected at a 3% growth over forecasted sales tax revenue for FY2023. Sales tax revenues are projected to be $17,941,838. Overall, the General Fund revenues are projected to increase by 5% to $48,800,856. FY2024 Expenses Personnel expenses are projected to increase by 5% to $38,058,759 from $36,232,636. This includes the FTE’s that will be brought forward in budget presentations to City Council. Below is a summary of FTE requests for the Council’s consideration. Page 39 of 295 Overall, the FY 2024 budget is within $146,424 of the City’s fiscal policy of budgeting Revenues equaling expenses. There will be adjustments to the final budget as budget presentations take place. The final budget will be in line with fiscal policies at final adoption. FISCAL IMPACT: None ALTERNATIVES: None RECOMMENDATION: None SAMPLE MOTION: None ATTACHMENTS: 1. FY2023 General Fund Budget Projection 07-20-2023 Page 40 of 295 2023 Budget 2024 2025 2026 2027 2028 2029 Comments Beginning Cash 38,400,597$ 38,421,872$ 28,032,453$ 26,565,680$ 25,063,275$ 23,771,674$ 22,706,242$ General Fund Revenues 45,915,489$ 48,220,856$ 49,908,586$ 51,655,386$ 53,463,325$ 55,334,541$ 57,271,250$ Revenue growth 3.5% Revenue Projection Adjustment 3,259,928$ $2m Sales Tax, $520k interest, Transfers In 140,000$ 580,000$ 80,000$ 80,000$ 80,000$ 80,000$ 80,000$ $500k ARPA transfer from WW, $65k from 2004 Sales Tax (Grand Generation), Transit $15k Total Revenue 49,315,417$ 48,800,856$ 49,988,586$ 51,735,386$ 53,543,325$ 55,414,541$ 57,351,250$ Personnel Services 36,232,636$ 38,058,759$ 39,961,697$ 41,560,165$ 42,806,970$ 44,091,179$ 45,413,914$ 5% 2025, 4% 2026, 3% 2027-2029 End of Year Vacancy adjustment (2,435,217)$ -$ -$ -$ -$ -$ -$ Operating Expense 12,337,967$ 8,128,721$ 8,453,870$ 8,749,755$ 9,012,248$ 9,282,615$ 9,561,094$ 4% 2025, 3.5% 2026, 3% 2027-2029 End of Year Operating adjustment (1,746,244)$ Transfers Out - Operations 2,005,000$ 2,759,800$ 2,842,594$ 2,927,872$ 3,015,708$ 3,106,179$ 3,199,365$ Eco-Devo $950k, Com-Dev $75k, Transit $534.8k, Cap Equip $400K, $100k Parking (lot maint), Golf Course Improv $100k, Internal Service Fund $600k Total Expenses - Operations 46,394,142$ 48,947,280$ 51,258,161$ 53,237,792$ 54,834,926$ 56,479,973$ 58,174,373$ CRA Connestoga MarketPlace (Woodsonia)1,900,000$ 3,600,000$ Camp Augustine -$ 2,150,000$ (146,424)$ Transfer Out - Public Safety Stabilization Fund 1,000,000$ Fire Station #3 Rebuild 4,000,000$ Total Appropriations 49,294,142$ 58,697,280$ 51,258,161$ 53,237,792$ 54,834,926$ 56,479,973$ 58,174,373$ Ending Cash - Subtotal 38,421,872$ 28,525,448$ 26,762,878$ 25,063,275$ 23,771,674$ 22,706,242$ 21,883,120$ Restricted Cash - Retention (FOP)492,995$ 197,198$ Ending Unrestricted Cash 38,421,872$ 28,032,453$ 26,565,680$ 25,063,275$ 23,771,674$ 22,706,242$ 21,883,120$ Cash needed for 30% Reserves 13,918,243$ 14,684,184$ 15,377,448$ 15,971,338$ 16,450,478$ 16,943,992$ 17,452,312$ Excess Reserves 24,503,629 13,348,269 11,188,232 9,091,937 7,321,196 5,762,250 4,430,808 General Fund Projection 5 YR Page 41 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.a. Subject: Approving Minutes of July 11, 2023 City Council Regular Meeting Staff Contact: RaNae Edwards BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes of Meeting 07-11-23 Page 42 of 295 City Council Meeting Minutes Regular Meeting July 11, 2023 1. CALL TO ORDER Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on July 11, 2023. Notice of the meeting was given in The Grand Island Independent on July 5, 2023. Council President Mike Paulick called the meeting to order at 7:00 PM. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Mayor Roger G. Steele and Jason Conley. The following City Officials were present: City Administrator Laura McAloon, City Clerk RaNae Edwards, Assistant City Administrator/Finance Director Patrick Brown and Interim Public Works Director Keith Kurz. 2. INVOCATION Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS a. City Financials Update Finance Director Patrick Brown gave an update on the 2023 Financials. He reported the Fed Chair foresees additional rate hikes, U.S. leading economic index falls again, and new home construction surges. Year to date (YTD) Sales Tax receipts for the General Page 43 of 295 City Council Regular Meeting, July 11, 2023 2 Fund for fiscal year 2023 was positive at 4.9% or $5977k. This reflected the receipts of sales tax collections in the month of April. 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 3.7% more than the same period last year. YTD Licenses & Permits receipts were up 3.2% over the same period last year. Motor Vehicle Sales Tax and Motor Vehicle Tax revenues were still strong at 9.2% and 1.8% respectively over FY2022. Food and Beverage Occupation Tax continued to do well. YTD Food & Beverage Tax was up by 16.8% or $344k. Interest rate revenue had increased from $134k YTD in June of 2022 to $925k YTD in June of 2023. 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 summer months. Mr. Brown reviewed the City audit report. The City grew by $34 million and the City was in great shape. Discussion was held on where the excess money would be spent. Mr. Brown stated there were lots of Parks projects that the Food & Beverage money would be used for. Other funds were mentioned that were directed to specific projects. Revenue from the casino was estimated at $60,000 per month. Decisions on where to spend the extra funds would be decided by Council during the budget meetings. b. Presentation to NTV’s Kent Boughton for his Dedicated Service City Administrator Laura McAloon and the City Council recognized Kent Boughton for his dedicated service to NTV and our community with a key to the city. They recognized his upcoming retirement as of Friday, July 14, 2023. Mr. Boughton was not present for the recognition. 8. CONSENT AGENDA Motion by Jack Sheard, second by Doug Lanfear to approve the Consent Agenda. Roll Call: Ayes: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Jason Conley. Motion adopted. a. Approving Minutes of June 27, 2023 City Council Regular Meeting. b. Approving Payment of Claims for the Period of June 28, 2023 through July 11 2023 for a total amount of $11,724,271.95. e. Request from Hall County Livestock Improvement Association dba Fonner Park, 700 E. Stolley Park Road for a Deletion of a Portion of Class “CK-78819” Liquor License. d. #2023-166 – Approving Bid Award for Delivery of Infield Soil Conditioner for Veterans Sports Complex with Dakota Transport, Inc. of Hampton, Minnesota in an Amount of $163,500.00. Page 44 of 295 City Council Regular Meeting, July 11, 2023 3 e. #2023-167 – Approving Bid Award for Stolley Park Irrigation System Installation with Tilley Sprinkler Systems, Inc. of Grand Island, Nebraska in an Amount of $95,100.00. f. #2023-168 – Approving Purchase of Pad-Mount Distribution Transformers from Dutton-Lainson of Hastings, Nebraska and Fleming Electric, Inc. of Tequesta, Florida for various amounts. 9. PUBLIC HEARINGS a.Public Hearing on Request from Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109 for a Class “C” Liquor License City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 16, 2023; notice to the general public of date, time, and place of hearing published on July 1, 2023; notice to the applicant of date, time, and place of hearing mailed on June 16, 2023. Also submitted was a Liquor Manager Designation for Eric Christensen, 2610 S Engleman Road. Mr. Christensen had completed a state approved alcohol server/seller program. Staff recommended approval contingent upon final inspections. No public testimony was heard. #2023-169 - Approving Request from Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109 for a Class “C” Liquor License and Liquor Manager Designation for Eric Christensen, 2610 S Engleman Road, Grand Island, Nebraska. Motion by Mitch Nickerson, second by Doug Lanfear to approve Resolution #2023- 169. Roll Call: Ayes: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, and Doug Lanfear. Absent: Jason Conley. Motion adopted. 10. REQUEST AND REFERRALS a. Consideration of Request Amending City Code Chapter 39 Relative to Cigar Lounge Jeff Berggren and John Gannon presented their request regarding opening a cigar lounge and the possibility of emending City Code Chapter 39. Presented was a PowerPoint explaining the reasons for the change in City Code Chapter 39. Reviewed was the Nebraska Clean Air Act regarding Cigar Shop exceptions. Mentioned was other cigar bars in Hastings, Kearney, and Omaha. Page 45 of 295 City Council Regular Meeting, July 11, 2023 4 Discussion was held regarding the exhaust system required in cigar bars. City Administrator Laura McAloon stated if the council wanted to go forward with this request, an ordinance would need to come before the council for a vote. 11. RESOLUTIONS 12. ORDINANCES ADJOURN The meeting was adjourned at 7:57 p.m. RaNae Edwards City Clerk Page 46 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.b. Subject: Approving Minutes of July 18, 2023 City Council Study Session (Budget) Staff Contact: RaNae Edwards BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 47 of 295 City Council Meeting Minutes Council Chambers City Hall 100 East First Street Study Session (Budget) of July 18, 2023 6:00 PM 1. CALL TO ORDER Pursuant to due call and notice thereof, a Study Session (Budget) 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 July 18, 2023. Notice of the meeting was given in The Grand Island Independent on July 12, 2023. Mayor Roger G. Steele called the meeting to order at 6:00 PM. The following City Council members were present: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Mark Stelk, Mitchell Nickerson, Doug Lanfear, and Jason Conley. Councilmembers Maggie Mendoza and Michelle Fitzke were absent. The following City Officials were present: City Administrator Laura McAloon, City Clerk RaNae Edwards, Assistant City Administrator/Finance Director Patrick Brown, and Interim Public Works Director Keith Kurz. 2. ITEMS FOR DISCUSSION a.Mayor, City Council, Administration, Legal and Clerk Budget Presentation City Administrator Laura McAloon reported that the Mayor and City Council personnel expenses would increase 6.62%. There was 0% change to compensation since that was established by Article 2-II of the Grand Island City Code and a recommended increase to $10,000 for travel, training and other expenditures. The Administration budget total operating expenses would increase 97.4%. 45% would be personnel services with 1.7 new FTE and 1 transferred FTE. The Assistant City Administrator/Chief Finance Officer would be +.70 FTE; and addition of 1 FTE for Communications and Marketing Manager; and 1 FTE moved from Finance to Administration. The Legal department budget would have an operating expense increase of 4%. Personnel was fully budgeted for two FTE Attorneys and a Legal Administrative Assistant. Requested was one FTE Paralegal and .12 Legal Intern. There would be a 70% reduction in legal library expenses. The City Clerk’s budget would have a net operating expense increase of 2% with the reduction in Election costs driven by the election cycle and offset by increases to travel and training. Page 48 of 295 Page 2 of 3, City Council Study Session, July 18, 2023 b.Human Resource Budget Presentation Human Resources Director Aaron Schmid reported the personnel services would increase 24.76%. They were expecting one retirement in January 2024. The increase includes one FTE for a Recruiter position. Operating expenses would decrease .68% due to consolidating contract services and computer services into one line item and minor rebalancing of line items. Discussion was held regarding the recruiter’s position and pay. Training was mentioned. c.Finance Department Budget Presentation Assistant City Administrator/Finance Director Patrick Brown reported personnel services would increase 4.0% to include 30% increase in personnel for the Assistant City Administrator position. Operating expenses would decrease by 3.7%. d.Information Technology Budget Presentation Assistant City Administrator/Finance Director Patrick Brown reported personnel services would increase 11%, which would include the reclassification of two Computer Tech positions to System Tech positions. Operating Expenses (capital) would increase 70.7% which would include PC replacement - $190,000; add GIPD & EM911 to City Network - $250,000; replace main battery back-up at City Hall - $40,000; and the replacement of Phone System (GF Dept.) - $185,000. They were recommending a one-time transfer of General Fund funds of $600,000 or increase the internal charge out of computer services to all other departments, which would increase charge costs to department by 21.4% and would not benefit some of the departments. IT Manager Stephanie Gosda explained the request for $250,000 for the GIPD & EM911 to City Network. e.Fire & Ambulance Budget Presentation Fire Chief Cory Schmidt reported the following Fire Department personnel services would increase – Ambulance – 9.5% and Fire 7.4%. Operating expenses would increase $114,800 for the following: vehicle maintenance - $38,240; station maintenance - $29,000; diesel - $14,400; natural gas - $12,200; PulsePoint - $8,000; EMS billing fees - $8,000; and misc. - $4,960. Mentioned were Capital Projects for Fire Station #3 – 4,000,000, Capital Equipment – P025 Portable Radios - $680,000; Ambulance - $409,000; Bunker Gear - $230,000; Spillman/Phoenix Interface Module - $61,000; replace four overhead door - $40,000; replace hose lines and nozzles on fire engines - $30,000; and mobile repeater - $26,000. Fire Chief Schmidt explained the PulsePoint application and how it worked and would benefit the community. Discussion was held regarding the need for a ladder truck/fire truck. Chief Schmidt stated they would look at it in the next budget. Page 49 of 295 Page 3 of 3, City Council Study Session, July 18, 2023 f.Police Department Budget Presentation Police Chief Kevin Denney reported personnel services would increase 12.7% (89 sworn personnel) with reclassification of one Records Supervisor and three FTE’s to two Lieutenants and one Sergeant. He explained the reasoning’s for these reclassifications. Operating expenses would increase 53.1% due to technology and subscription increases, increased ammo cost, additional training requirements, new hire equipment purchases, testing, advertising and marketing costs, and equipment cost inflation. He also mentioned the Humane Society contract had moved from Non-Departmental to Police for $407,925. Capital projects for a total of $2,556,000 included: training/vehicle storage annex building - $1,900,000; security upgrades to auto pound - $56,000; security upgrades to Police Department - $150,000; and replacement for LEC HVAC units - $450,000. Capital Equipment included vehicles - $726,108. Discussion was held regrading the Humane Society contract that would come due in the near future and was in the process of being negotiated. Chief Denney explained the vehicle requests and the reasons for needing them. g.FY24 Budget Detail Assistant City Administrator/Finance Director Patrick Brown stated this information was included for the Council and if they had any questions to email him. Ms. McAloon updated the Council on upcoming dates for the budget discussion and final approval. 3. ADJOURN The meeting was adjourned at 8:14 p.m. RaNae Edwards City Clerk Page 50 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.c. Subject: Approving Payment of Claims for the Period of July 12, 2023 through July 25, 2023 for a total amount of $5,823,942.93 Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 51 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.d. Subject: Approving Re-appointments of Marv Webb, Todd Enck, Brad Kissler and Justin Oseka to the Building Code Advisory Board Staff Contact: Roger Steele BACKGROUND: Mayor Steele has submitted the re-appointments of Marv Webb, Todd Enck, Brad Kissler and Justin Oseka to the Building Code Advisory Board. These appointments would become effective August 1, 2023 upon approval by the City Council and would expire on August 1, 2025. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 52 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.e. Subject: Approving Re-appointment of Barry Burrows and Appointment of Curtis Probasco to the Tree Board Staff Contact: Roger Steele BACKGROUND: Mayor Steele has submitted the re-appointment of Barry Burrows and the appointment of Curtis Probasco to replace Bryan Fiala to the Tree Board. These appointments would become effective August 1, 2023 upon approval by the City Council and would expire on July 31, 2026. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 53 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.f. Subject: Receipt of Official Document - Tort Claim filed by Dennis and Juanita Dondlinger Staff Contact: Stacy Nonhof BACKGROUND: The City of Grand Island has received a Notice of Tort Claim from Dennis and Juanita Dondlnger alleging certain claims for an incident in which occurred on May 13, 2023. The Dondlingers have sustained physical and emotional injuries as a result of the negligence of the City of Grand Island, Animal Control Authority for Grand Island and the Central Nebraska Humane Society and its employees. The Dondlingers' claims arise out of a dog attack near the corner of Howard Avenue and State Street in Grand Island. A copy of the claim is attached. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney’s office, and we will provide you with any additional information we may have regarding the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Page 54 of 295 DISCUSSION: This is not an item for council action other than to simply acknowledge that the claim has been received. 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 take no action other than acknowledge receipt of the claim. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Tort Claim Page 55 of 295 Page 56 of 295 Page 57 of 295 Page 58 of 295 Page 59 of 295 Page 60 of 295 Page 61 of 295 Page 62 of 295 Page 63 of 295 Page 64 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.g. Subject: #2023-170 - Approving Reallocation of FTE - Engineering Technician to Underground Technician Staff Contact: Ryan Schmitz, Aaron Schmid BACKGROUND: Utilities Department management routinely reviews its internal operations and staffing to improve efficiency. One of the services that the Grand Island Utilities Department provides is performing locates for underground electric and water lines prior to excavation. The number of locates has steadily increased with companies such as Allo installing their infrastructure across the City. By adding a dedicated locating position, efficiency is gained by ensuring that existing underground construction crews are fully staffed. DISCUSSION: There is currently an existing vacant Engineering Technician position. It is recommended to re-allocate this Engineering Technician position to a newly created Underground Technician position. The anticipated starting salary range for the Underground Technician position is less than the Engineering Technician position. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the FTE reallocation from the Engineering Technician classification to the Underground Technician classification. Page 65 of 295 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Job Description 2. Resolution Page 66 of 295 Printed: 7/5/2023 City of Grand Island Page 1 of 5Rev. 6/27/2023 Underground Technician (8180) Bargaining Unit: IBEW Utilities UNDERGROUND TECHNICIAN DEPARTMENT:Electric Utilities CLASSIFICATION:Non Exempt DIVISION:Underground JOB CLASS:8180 NEW DEFINITION The primary function of this position is the specific activity of performing “Locates”. This involves accessing by computer, a data base of addresses or areas that a request for locating has been sent in prior to excavating. In addition, this includes driving to the locations, accessing various electrical connections, inducing an electronic frequency onto underground cables, utilizing handheld components that provide a reading in order to mark out by means of spray paint and related flags or other approved means to identify the route such underground cables follow. Other duties on an as-needed basis include performing semi-skilled, skilled and specialized work in the construction, maintenance and operation of the underground electrical transmission and distribution systems; and performing a variety of other duties and responsibilities involved in providing electrical utility services for the City. SUPERVISION RECEIVED AND EXERCISED: Once training has been completed, receives general supervision from supervisory or managerial staff. Exercises no supervision. ESSENTIAL FUNCTIONS Display honest, trustworthy, and ethical behavior when dealing with internal and external customers. Establish and maintain cooperative working relationships with those contacted in the course of work. Regular attendance that is punctual and dependable is required. Obtains accurate measurements and field drawings of utility installations and uses data and mapping systems in the upkeep of records and mapping, checks and reports on construction activity that affects Utility installations. Responsible for maintaining a positive work atmosphere by acting and communicating in a manner that promotes positive relations with contractors, customers, coworkers and management. Assist with the Installation, repair and maintain a variety of electrical equipment used in transmission and distribution systems, including padmount transformers, substations, and distribution and control wiring and cables. Assist with the Installation of conduit, conductors and other associated hardware and protective devices for underground electrical systems. Page 67 of 295 Printed: 7/5/2023 City of Grand Island Page 2 of 5Rev. 6/27/2023 Underground Technician (8180) Bargaining Unit: IBEW Utilities Assist with the Installation of transformers, check voltages; assemble and activate electrical components. Survey, excavate and prepare installation site for placement of pads, ducts, conduits and related equipment; install and maintain distribution and control wiring and cables. Assist with the Installation of, maintenance, testing and repair transformers; repair and rebuild bushings, switches, tap changers, and related equipment in aerial and padmounted transformers; assist in PCB testing. Assist with the building and repair of substation structures and related transmission equipment. Perform routine maintenance on electrical equipment, machinery and tools; ensure that service vehicles are equipped to respond to emergency situations. Assist with the responding to afterhours locate requests, service calls concerning power outages and various electrical problems; work to correct power outages and electrical problems. Observe all established safety standards while performing work including the wearing of safety apparel, proper placement of work barricades and warning signs and grounding of machinery and equipment. Ensure that proper equipment and materials are present at the corresponding work site. Ability to assist with replacement of service wires and connections; install meters and perform connection of service; install and maintain high voltage circuit breakers, instruments, relays and controls and related substation equipment. Ability to assist with the maintenance on the transmission system when energized and de-energized and in substations; provide assistance in the repair of streetlights or related underground runs. Operate and use a variety of equipment including hydraulic, hand and power tools, trucks, bucket trucks, truck mounted cranes, forklifts, wire pulling equipment, trenchers, voltage meters, transits, backhoe / front-end loader, skid steer, vacuum excavation and hot line equipment. Building and site construction /maintenance including basic structural, electrical, drainage, concrete removal and installation, painting, mowing and snow removal. Assist in testing and maintaining control equipment used for remote operation of the water and electrical distribution systems. Perform other duties as assigned. QUALIFICATIONS Knowledge of: Safe work practices. Basic applications of electrical theory. Pertinent Federal, State, and local laws, codes and regulations. Ability to: Learn the skills and increase knowledge of equipment used in the detection, identification and location of underground utilities; thorough knowledge of occupational hazards and safety precautions used in underground locating; knowledge of underground utility systems and working knowledge of all Grand Island and surrounding subdivisions. Page 68 of 295 Printed: 7/5/2023 City of Grand Island Page 3 of 5Rev. 6/27/2023 Underground Technician (8180) Bargaining Unit: IBEW Utilities Achieve a thorough knowledge of the various underground system, acquire the needed computer skills to facilitate locating needs and keep records and make, establish and maintain a cooperative work relationship with those contacted in the in the course of work. Learn techniques and procedures used in working on energized and de-energized lines and services. Learn the names, uses and locations of materials and line equipment stored on maintenance vehicles. Work alone a majority of the time or in a group setting based upon the needs of the day. Organization of job ticket locations to efficiently plan out an in-town route based upon listed address tickets. Learn to identify voltage levels and types of power lines. Lift and/or move heavy weights. Perform work during adverse weather conditions. Perform work from ladders, scaffolds, bucket trucks, and related man lifts at varying heights above ground level and in confined spaces, including vaults and manholes. Learn to install conduit, conductors, transformers and other associated hardware and protective devices needed for overhead and underground electrical systems. Read and interpret maps and schematic diagrams. Drive and operate all assigned vehicles. Ability to assist with installation and terminate underground primary and secondary. Learn to perform work in close proximity to energized and de-energized single phase primary and three phase primary. Learn meter installation and operational characteristics and techniques. Develop a working knowledge of the planning of underground line extensions, easements and construction types. Communicate clearly and concisely, both orally and in writing. Interpret and apply Federal, State and local policies, procedures, laws and regulations. Learn to perform locates - with reference to documented primary and documented and undocumented secondary lines. License or Certification: Employee must possess a valid driver’s license and maintain insurability as determined by the City’s insurance carrier. Possession of, or ability to obtain and maintain, a Class A commercial driver's license within six (6) months of hire. Possession of, a valid Journeyman electrical License or a Journeyman Lineworker Card, or a graduate of a certified 2 year lineworker school or documented experience of the same level. Page 69 of 295 Printed: 7/5/2023 City of Grand Island Page 4 of 5Rev. 6/27/2023 Underground Technician (8180) Bargaining Unit: IBEW Utilities Possession of, or ability to obtain, appropriate, valid certification in cardio-pulmonary resuscitation and first aid within six (6) months of hire. EXPERIENCE AND TRAINING GUIDELINES: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: One year of experience as a journeyman level electrician, or graduate of a certified 2 year lineworker school or documented electrical experience. Training: A high school diploma or GED is required, supplemented by training in electrical work. WORKING ENVIRONMENT: Duties are performed both indoors and out. Indoor work is typically performed in a workshop setting. While working outdoors, incumbent is exposed to inclement weather conditions. Duties may also require the incumbent to work in confined spaces, i.e. manholes. The physical demands described here are characteristic of those that must be met by an employee to successfully perform the essential functions of the job The employee must be alert to ergonomic hazards and possess the ability to climb ladders and / or stairs. The employee must be capable of working in conditions with rough terrain awkward/ difficult positions and walking long distances in inclement weather handle encounters with dogs and other animals This job requires a high activity level. Page 70 of 295 Printed: 7/5/2023 City of Grand Island Page 5 of 5Rev. 6/27/2023 Underground Technician (8180) Bargaining Unit: IBEW Utilities PHYSICAL REQUIREMENTS: Activities: Sitting Frequent Standing Frequent Walking Frequent Reaching Frequent Climbing Frequent Bending Frequent Squatting Frequent Kneeling Frequent Crawling Frequent Twisting Frequent Balance Frequent Simple Grasping Frequent Handling Frequent Lifting Chair to Floor 85# Minimal 50# Occasional 25# Frequent Waist Level 75# Minimal/Occasional Above Shoulder 50# Occasional 25# Frequent . Push/Pull 100# Occasional 50 # Frequent Carry – 50 feet 50# Occasional 25# Frequent Use of Feet Foot Controls Left Frequent Right Frequent Page 71 of 295 R E S O L U T I O N 2023-170 WHEREAS, the number of locates for underground electric and water lines performed by the Utilities Department has steadily increased; and WHEREAS, there is currently a vacant Engineering Technician position; and WHEREAS, the recommended reallocation will eliminate the unfilled Engineering Technician position and create a new position for an Underground Technician with a starting salary range that will be less than the Engineering Technician. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Technician position be reclassified to a newly created Underground Technician position. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Page 72 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.h. Subject: #2023-171 - Approving Contract for the Electrostatic Precipitator Transformer-Rectifier Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: Platte Generating Station operates with an electrostatic precipitator designed to remove fly ash from the flue gas of a coal-fired boiler. The system, implemented in 1983, is designed such that an electric potential is created onto collecting plates and discharge electrodes. These plates and electrodes then attract particulate matter to them. After collecting the particulate matter, a system of rappers is used to “shake” the collected particulate off into a collecting chamber. In order to abide by the EPA regulations, the electrostatic precipitator needs to be running at optimal efficiency. The transformer-rectifier is the main component that creates the high electric potential needed to attract the fly ash. After being in service for almost 40 years, four need to be replaced. The tanks that hold the insulating oil, rectifier, and the high step-up transformer are showing signs of severe rust near the bottom. At some point the rust could cause the oil to leak through and cause the transformer to overheat and fail. DISCUSSION: Specifications for the Electrostatic Precipitator Transformer-Rectifier were advertised and issued for bid in accordance with the City Purchasing Code. Bids were solicitated from three (3) potential bidders and there was one (1) responsive bidder. The engineer’s estimate for this project was $200,000.00. Bids were publicly opened on July 11, 2023. Bidder Bid Amount NWL Transformer, Inc., Bordertown, New Jersey $ 196,792.00 Bids were reviewed by Utility Engineering staff and exceptions or clarifications were Page 73 of 295 noted. It is otherwise compliant with specifications and less than the engineer’s estimate. FISCAL IMPACT: $200,000.00 was included in the budget for this project. 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 Council award the Contract for the Electrostatic Precipitator Transformer-Rectifier to NWL Transformer, Inc. of Bordertown, New Jersey, as the low responsive bidder, with the bid in the amount of $196,792.00. SAMPLE MOTION: Move to approve the resolution authorizing the Mayor to execute a contract with NWL Transformer, Inc. of Bordertown, New Jersey for the Electrostatic Precipitator Transformer-Rectifier in the amount of $196,792.00. ATTACHMENTS: 1. Bid Summary 2. RESOLUTION Page 74 of 295 INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 11, 2023 at 2:00 p.m. FOR: Electrostatic Precipitator Transformer-Rectifier DEPARTMENT: Utilities ESTIMATE: $200,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: June 14, 2023 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: NWL Transformer, Inc. Bordentown, NY Bid Security: Official Check Exceptions: Noted Bid Price: Materials: $109,600.00 Installation: $ 59,192.00 Labor: $ 28.000.00 Sales Tax: -0-____ Total Base Bid: $196,792.00 cc: Ryan Schmitz, Interim Utilities Director Karen Nagel, Utilities Secretary Laura McAloon, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Jayson Rezek, Production Engineer Angela Schulte, Utilities Dept. Christy Lesher, Utilities Dept. P2443 Page 75 of 295 R E S O L U T I O N 2023-171 WHEREAS, the City of Grand Island invited sealed bids for Electrostatic Precipitator Transformer-Rectifier, according to plans and specifications on file with the Utilities Department; and WHEREAS, on July 11, 2023, bids were received, opened and reviewed; and WHEREAS, NWL Transformer, Inc. of Bordertown, New Jersey, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $ 196,792.00; and WHEREAS, the bid of NWL Transformer, Inc., is less than the estimate for Electrostatic Precipitator Transformer-Rectifier. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NWL Transformer, Inc. in the amount of $ 196,792.00, for Electrostatic Precipitator Transformer-Rectifier, is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island and to take all other actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Page 76 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.i. Subject: #2023-172 - Approving Final Plat and Subdivision Agreement for Benjamin Roderick Davis Subdivision Staff Contact: Chad Nabity BACKGROUND: This property is located north of First Street and east of Cleveland Street. This property is has 2 duplex units on it. The owners wish to separate the two onto their own lots. Each duplex is served by separate water services. The owners are working with a plumber to separate the sewer services. This subdivision will create substandard lots. Staff and planning commission are recommending that Council waive the minimum lot size requirements to allow this subdivision, as these are non- conforming structures on a single lot. DISCUSSION: The final plat for Benjamin Roderick Davis Subdivision was considered at the Regional Planning Commission at the July 5, 2023 meeting on the consent agenda. A motion was made by Goplin and second by Randone to approve final plat for Benjamin Roderick Davis Subdivision on the consent agenda. The motion was carried with nine members voting in favor (O’Neill, Nelson, Ruge, Allan, Robb, Monter, Rainforth, Hendricksen, Randone) and no members abstaining or voting no (Ruge, Doane and Stevenson were absent). Developer/Owner Oliver Street Enterprises, LLC (Lonnie Davis – Partner) 3280 Woodridge Blvd Ste 160 Grand Island, NE 68803 Size: Final Plat 2 lots 0.16 acres Zoning: R2 Suburban Density Residential Page 77 of 295 Road Access First Street and Cleveland Street are both 37’ wide concrete curb and gutter streeets. Water: Water is available and all structures are connected. Sewer: Sewer is available and all structures will be connected with individual services to each lot. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date Page 78 of 295 4. Take no action on the issue RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Application 2. ben r davis second subdivision-Layout2 3. Benjamin Roderick Davis Subdivision 4. Resolution Page 79 of 295 Page 80 of 295 - Corner Found 1/2" Pipe Unless Otherwise Noted - 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted - Temporary Point All Distances on Curves are Chord Distance R - Recorded Distance A- Actual Distance P- Prorated Distance Legend SE Corner Lot 4 CLEVELAND STREET SUB ALLE Y 1 6' 53.98' P ( 5 4. 0 0' R) S 61°3 7' 2 8 " W 6' UTILITY EASEMENT BAKER'S ADDITION NORTH CLEVELAND STREET LOT 2 LOT 7 BLOCK 19 Scale 1" = 20' BENJAMIN RODERICK DAVIS SUBDIVISION Replat of Lot 6, Block 19, Baker's Addition to the City of Grand Island, Hall County, Nebraska. FINAL PLAT ACKNOWLEDEGEMENT State of Nebraska County of Hall On the ____day of _______ , 20___, before me ___________________ a Notary Public within and for said County, personally appeared Lonnie D. Davis - General Partner, OLIVER STREET ENTERPRISES, LLC convey to GRANTEES, and to me personally known to be the identical person whose signature is affixed hereto, and that he did acknowledge the execution thereof to be his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Grand Island, Nebraska, on the date last above written. My commission expires __________________ .20__ ______________________________ Notary Public DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Lonnie D Davis, General Partner of, OLIVER STREET ENTERPRISES, LLC, and being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as 'BENJAMIN RODERICK DAVIS SUBDIVISION' in the City of Grand Island, Hall County, Nebraska, as shown on the accompanying plat thereof, and do hereby dedicate the easements, if any, as shown thereon for the location, construction and maintenance of public service utilities, together with the right of ingress and egress thereto, and hereby prohibiting the planting of trees, bushes and shrubs, or placing other obstructions upon, over, along or underneath the surface of such easements; and that the foregoing subdivision as more particularly described in the description hereon as appears on this plat is made with the free consent and in accordance with the desires of the undersigned owner and proprietor. IN WITNESS WHEREOF, I have affixed my signature hereto, at Grand Island, Nebraska. Lonnie D. Davis - General Partner Date____________ LEGAL DESCRIPTION Replat of Lot 6, Block 19, Baker's Addition to the City of Grand Island, Hall County, Nebraska. APPROVALS Submitted to and approved by the Regional Planning Commission of Hall County, Grand Island and Wood River, and The Villages of Alda, Cairo, and Doniphan, Nebraska Chairman Date Approved and accepted by the City of Grand Island, Hall County, Nebraska this________ Day of _________________,20____ Mayor City Clerk SURVEYORS CERTIFICATE I hereby certify that on June 6, 2023, I completed an accurate survey of 'BENJAMIN RODERICK DAVIS SUBDIVISION', in Hall County, Nebraska, as shown on the accompanying plat thereof; that the lots, blocks, streets, avenues, alleys, parks, commons and other grounds as contained in said subdivision as shown on the accompanying plat thereof are well and accurately staked off and marked; that iron markers were placed at all lot corners; that the dimensions of each lot are as shown on the plat; that each lot bears its own number; and that said survey was made with reference to known and recorded monuments. ____________________________________ Brent D Cyboron Nebraska Professional Registered Land Surveyor No. 727 NOROBYC.D TNE R B LS-727NEBRASK A RE G I STERE D ROYEVRUS D N A L Grand Island, Nebraska 1" = 20'6/12/2023 Brent C.1 OF 1 INITIAL POINT SURVEYING LLC 1811 W 2nd Street; Suite 280 Grand Island, NE 68803 308-383-6754 Cell 308-675-4141 Office BENJAMIN RODERICK DAVIS SUBDIVISION Tom Z. WEST 1 S T S T R E E T 289.7 9' P ( 2 9 0. 0 0' R) 80.00' A ( 8 0. 0 0' R) N 61° 3 7' 0 2" E 53.97' P ( 5 4. 0 0' R ) 155.9 5' P ( 1 5 6. 0 0' R ) 155.8 0' P ( 1 5 6. 0 0' R ) 53.98' A S 28°20 '27 " E 131 .94 ' A (132 .00 ' R )N 28°20 '12 " W 131 .94 ' A (132 .00 ' R ) N L o c a t i o n S k e t c h LOT 1 NW Corner Lot 7 Blk. 20 Baker's Addition NE Corner Lot 9 Blk. 19 Baker's Addition SE Corner Lot 9 Blk. 19 Baker's Addition71.13 ' A71.10 ' A60.81 ' A60.84 ' A 7/5/2023 Page 81 of 295 SUBDIVISION AGREEMENT BENJAMIN RODERICK DAVIS SUBDIVISION Lots 1 and 2 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, OLIVER STREET ENTERPRISES, L.L.C. a Nebraska Limited Liability Company , hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Replat of Lot 6, Block 19, Baker's Addition to the City of Grand Island, Hall County, Nebraska; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as BENJAMIN RODERICK DAVIS SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, * This Space Reserved for Register of Deeds * Page 82 of 295 - 2 - and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said BENJAMIN RODERICK DAVIS SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for First Street and Cleveland Street where the abut the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. An easement in the easterly portion of Lot 2 has been provided for a sanitary service connection to Lot 1. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. Page 83 of 295 - 3 - The Subdivider agrees to waive the right to protest the annexation of the subdivision into the City of Grand Island. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Separation of Utilities. The Subdivider agrees that they are separating existing buildings onto separate lots and will provide to the City with this agreement proof that each lot is served by separate sewer services. The Subdivider shall be responsible for all permits and inspections required for such separation. 8.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 9.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as BENJAMIN Page 84 of 295 - 4 - RODERICK DAVIS SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 10.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. OLIVER STREET ENTERPRISES, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY, Subdivider By: ____________________________________ Lonnie Davis, General Partner STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Lonnie Davis, General Partner of Oliver Street Enterprises, L.L.C., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of Oliver Street Enterprises, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Roger G. Steele, Mayor Page 85 of 295 - 5 - Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Page 86 of 295 R E S O L U T I O N 2023-172 WHEREAS, know all men by these presents, that Lonnie D. Davis, General Partner of, OLIVER STREET ENTERPRISES, LLC, and being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “BENJAMIN RODERICK DAVIS SUBDIVISION”, A replat of Lot Six (6) Block Nineteen (19), Baker’s Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, the City of Grand Island has waived the minimum lot size requirement of 6000 square feet for Lot 1 and 2 of this subdivision as the existing structures have been on this lot since 1926; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of BENJAMIN RODERICK DAVIS SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 87 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.j. Subject: #2023-173 - Approving Purchase of a new Deck-Over Tilt Trailer for the Streets Division of the Public Works Department Staff Contact: Keith Kurz, Shannon Callahan BACKGROUND: The Streets Division uses a milling machine to cut vertical edges for pavement repairs and also grind curbs for new or extended driveways. This machine is moved to the job site via a trailer with ramps. The trailer is in need of replacement due to age and safety concerns with the narrow ramps and their spacing compared to the equipment’s tires. Pictures of Milling Machine being unloaded off existing trailer. Page 88 of 295 Page 89 of 295 Page 90 of 295 Therefore, the Streets Division is recommending replacing the existing trailer with a new deck-over tilt trailer. The new trailer will be DOT compliant and provide safer loading and unloading of the milling machine. There are funds available in the 2022/2023 budget for a new milling machine trailer because of a cost savings from purchasing a front end loader opposed to a motor grader (approved on December 20, 2022). The lead time on this trailer was quoted as 52 weeks after the order is placed. DISCUSSION: The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326. To meet competitive bidding requirements, the Streets Division obtained pricing from the (NJPA) Sourcewell Contract No. 092922-FTS awarded to Felling Trailers, Inc. with Murphy Tractor and Equipment Co of Grand Island, NE as the authorized dealer. Per the Sourcewell Contract No. 092922-FTS the price for the new Deck-Over Tilt Trailer, that meets the City’s requirements, will be $28,524.61. FISCAL IMPACT: Funds are in the approved FY23 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Page 91 of 295 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 a new Deck-Over Tilt Trailer from Murphy Tractor and Equipment Co of Grand Island, NE for a net purchase price of $28,524.61. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Trailer Example 2. Resolution Page 92 of 295 Attachment Proposed Deck-Over Tilt Trailer purchase for the Streets Division Page 93 of 295 R E S O L U T I O N 2023-173 WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance, cooperative purchasing group was utilized to secure competitive bid for a Deck Over Tilt Trailer by the Streets Division of the Public Works Department; and WHEREAS, Sourcewell Contract No. 092922-FTS was awarded to Felling Trailers, Inc. and authorized Murphy Tractor & Equipment Co of Grand Island, NE to offer said contract pricing to the City of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of a new Deck-Over Tilt Trailer for a purchase price of $28,524.61. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for the new Deck-Over Tilt Trailer from Murphy Tractor & Equipment Co of Grand Island, NE is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 94 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.k. Subject: #2023-174 - Approving Award of Preliminary Engineering Services Agreement for Broadwell Avenue & Union Pacific Railroad Viaduct Staff Contact: Keith Kurz BACKGROUND: On November 20, 2018, via Resolution No. 2018-350 City Council approved an agreement with HDR Engineering, Inc. of Omaha, Nebraska in the amount of $226,660.00 to perform professional engineering consulting services for Broadwell Avenue & Union Pacific Railroad (UPRR) Grade Separation Study. On June 25, 2019, via Resolution No. 2019-195 City Council approved Amendment No. 1 with HDR Engineering, Inc. of Omaha, Nebraska in the amount of $185,123.00 to allow for an in depth environmental review, a Planning and Environmental Linkages (PEL) Study that was beyond the scope originally developed for this project. This step was necessary to secure Federal funding for the Broadwell Avenue & UPRR Grade Separation project and increased the overall agreement to $411,783.00. On October 11, 2022, via Resolution No. 2022-286 City Council approved a program agreement with the Nebraska Department of Transportation (NDOT) after the project was selected as a NDOT grade separation/railroad safety improvement project, with Federal-aid funding available through NDOT. The federal share payable on any portion of a local federal-aid project is a maximum of 80% of the eligible participating costs, while the Local Public Agency (LPA) is responsible for the remaining 20% as well as all other nonparticipating or ineligible costs of the project. The current estimate of this project is $34,210,000.00, with the LPA share being $6,872,000.00 at this time. DISCUSSION: Using a qualification based selection process HDR Engineering, Inc. of Omaha, Nebraska was selected to update the project programming request, project planning meeting, and developing a scope of services for Preliminary Engineering and National Environmental Policy Act (NEPA) services, including reviewing the impact the construction project will have on the environment. Negotiations with the selected firm resulted in an agreed upon amount of $34,903.79 for such services. Page 95 of 295 FISCAL IMPACT: Funds for this agreement are in the approved 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 award of Preliminary Engineering Services for Broadwell Avenue & UPRR Viaduct to HDR Engineering, Inc. of Omaha, Nebraska for an amount not to exceed $34,903.79. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 96 of 295 RESOLUTION SIGNING OF PRELIMINARY ENGINEERING AGREEMENT - BK2325 City of Grand Island Resolution No. 2023-174 Whereas: City of Grand Island is developing a transportation project for which it intends to obtain Federal funds; and Whereas: City of Grand Island as a sub-recipient of Federal-Aid funding is charged with the responsibility of expending said funds in accordance with Federal, State, and local laws, rules, regulations, policies, and guidelines applicable to the funding of the Federal-aid project; and Whereas: City of Grand Island and HDR Engineering, Inc. wish to enter into a Professional Services Agreement to provide Preliminary Engineering Services for the Federal-aid project. Be It Resolved: by the City Council of the City of Grand Island that: Roger Steele, Mayor of the City of Grand Island, is hereby authorized to sign the attached Preliminary Engineering Services Agreement between City of Grand Island, Nebraska and HDR Engineering, Inc. NDOT Project Number: RRZ-40(68) NDOT Control Number: 43009 NDOT Project Description: Broadway Ave. Viaduct Adopted this 25th day of July, 2023 (Month)at Grand Island, Nebr.aska The City Council of the City of Grand Island, Nebraska ________________________________________ ______________________________________ ________________________________________ ______________________________________ ________________________________________ ______________________________________ ________________________________________ ______________________________________ ________________________________________ ______________________________________ Board/Council Member_______________________________ Moved the adoption of said resolution Member__________________________Seconded the Motion Roll Call:____Yes ____No ____Abstained ____Absent Resolution adopted, signed and billed as adopted Attest: Signature City Clerk Exhibit "E" Page 97 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 8.l. Subject: #2023-175 - Approving Agreement with NDOT-Local Assistance Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2024 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program Staff Contact: Allan Zaft, Keith Kurz 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. As a requirement in this process, the Grand Island Area Metropolitan Planning Organization (GIAMPO) annually develops a Unified Planning Work Program (UPWP), which identifies the planning work activities and budget for 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 the NDOT is attached for reference, which authorizes the use of Federal Transit Administration, Section 5035 Funding towards the transportation planning activities as shown in the FY 2024 UPWP (Attachment "C" of this agreement). The maximum Federal Transit Administration, Section 5305 Funding, is 80%, with a not to exceed amount of $40,092.00 for FY 2024 (July 1, 2023 – June 30, 2024) eligible costs. Page 98 of 295 The local 20% funds would be the City’s obligation not to exceed $10,023.00 and can be part of inkind services (staff time & expenses). FISCAL IMPACT: Funds for this agreement are in the approved FY23 budget and the proposed FY24 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 Fiscal Year 2024 Transit Transportation Planning Program agreement. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Agreement 2. Resolution Page 99 of 295 Agreement No. PI2371 AGREEMENT BETWEEN THE CITY OF GRAND ISLAND AND THE STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION Page 100 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 1 THIS AGREEMENT is between the City of Grand Island (hereinafter referred to as City) and the State of Nebraska, Department of Transportation (hereinafter referred to as the State). The purpose is to provide 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 FY24 Unified Planning Work Program (hereinafter referred to as Work Program) and attached to this Agreement as Exhibit C. Funding for GIAMPO's portion of transportation planning activities is shown in the Unified Planning Work Program (hereinafter referred to as Program). The maximum amount of cash support from the State under this Agreement is $40,092 of 49 USC Section 5305(d) and (e) funds for Fiscal Year 2024. The Project funds referred to in this Agreement are subject to the enactment of final apportionment funding and the grant management requirements of the Federal Transit Administration Circular FTA C 5010.1D, Rev.1, August 27, 2012, and specifically, the Financial Management provisions contained in Chapter VI. WHEREAS, the Federal transportation’s legislation requires that a continuing, comprehensive transportation planning process be carried on cooperatively between State and local governments in urban areas of over 50,000 population; and WHEREAS, City has agreed to establish and maintain a continuing comprehensive and cooperative transportation planning process in the Metropolitan Area on behalf of those governmental subdivisions; and WHEREAS, City has been designated as the recipient agency for planning funds pursuant to the Federal Transportation Administration’s legislation; and WHEREAS, the Federal transportation’s legislation requires the State to administer the 49 USC Section 5305 MPO Planning Funds for the Federal Transit Administration (FTA); NOW, THEREFORE, in consideration of these facts the parties agree as follows: I. SCOPE OF AGREEMENT A. The work performance under the terms of this Agreement for City's transportation planning program will be in accordance with the City’s FY 2024 Unified Planning Work Program included herewith as Attachment “C” and made a part of this Agreement. B. City shall: 1. Provide the necessary administration of committees and staff, and consult, collaborate and coordinate with the State to accomplish the objectives of the Program. 2. Assign qualified City staff personnel as needed to execute City's portion of the Program. 3. Coordinate all transit planning activities conducted by the GIAMPO with other transportation service providers in the area. Page 101 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 2 4. Arrange for and conduct meetings and conferences to review working details and make presentations to the principals, participants and other interested groups and bodies as will best promote and effect cooperation, coordination and understanding in the Program. C. State shall: 1. Assign qualified personnel as needed to accomplish tasks assigned to or agreed to by the State. II. DURATION OF AGREEMENT City and the State agree to perform their responsibilities as outlined in the Program within the time of this Agreement. The Agreement shall cover all work performed commencing with the fiscal year beginning July 1, 2023 and ending June 30, 2024. III. FEDERAL AWARD IDENTIFICATION The Department hereby identifies to the Contractor the following provisions of the Federal Funds, as authorized in Section 4: (1) Federal Award Identification i Subrecipient name: City of Grand Island ii Subrecipient’s Unique Entity Identification (UEI) Number: TFRZHNGNBF43 iii Federal Award Identification Number (FAIN): NE-2023-004-00 iv Federal Award Date: April 11, 2023 v Period of performance start and end date: 4/11/2023-6/30/2025 vi Amount of Federal funds obligated by this action: $40,092 vii Total amount of Federal funds obligated to the subrecipient – $40,092 viii Total Amount of Federal award - $1,207,472 ix Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) NE-2023-004-00 | NDOT - Sec. 5303 & 5304, FY2021 and FY2022 - Metropolitan Planning for Urban and FY2021 Statewide Planning Apportionments x Name of Federal Awarding agency, grantee, and contract information for awarding official: United States Department of Transportation Federal Transit Administration – Mark Bechtel Mark-Bechtel@dot.gov xi Catalog of Federal Domestic Assistance (CFDA) number, name, and dollar amount: 20.505 Formula grant 5303 - Urban - 2021 5305(d) Apportionment: $ 467,811 5304 - Statewide - 2021 5305(e) Apportionment: $ 130,949 5303 - Urban - 2022 5305(d) Apportionment: $ 608,712 TOTAL FEDERAL FUNDING: $ 1,207,472 TOTAL LOCAL SHARE: $ 301,868 TOTAL GRANT AMOUNT: $ 1,509,340 xii Identification of whether the award is research and development: No xiii Indirect cost rate for the Federal award (including if the de minimis rate is charged) NA Page 102 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 3 IV. PAYMENT A. The State agrees to pay for the services rendered by City under the terms of this Agreement, compensation on a cost reimbursement basis for costs incurred and to include direct and indirect costs in accordance with the applicable provisions of 23 CFR 172 and the contract cost principles and procedures set forth in 48 CFR Part 1.31.6 of the Federal Acquisition Regulation System. Direct and indirect costs shall not exceed, in any event, forty thousand ninety-two dollars ($40,092) for costs incurred during fiscal year 2024. B. Payments will be made to City not more often than once each thirty (30) days, and shall be for services theretofore performed under this Agreement. City shall submit invoices within twenty (20) days following the end of the period covered by the account. The invoices or supplements thereto shall be the basis of payment pursuant hereto, and shall contain a statement of City 's estimate of the percentage of work completed and be signed by a responsible representative of City certifying that all of the items therein are true and correct for the work performed under the provisions of this Agreement. Payment shall be made subject to audit by duly authorized representatives of the State. The State upon receipt of the proper invoices will make every reasonable effort to provide payment to City within fifteen (15) calendar days thereafter. C. Payment for partial billings will be determined by multiplying the value of the percentage of work completed by 0.80. In no event may the total interim payments exceed eighty percent of the value of the total work completed and may not exceed $40,092 for fiscal year 2024. D. City shall submit to the State a listing of all City personnel positions that may be selected or assigned to the work contemplated herein. Said listing shall indicate the title or classification and salary range of each such position. It is understood that the salaries and expenses of the Chairperson of City, and the City Council will not be reimbursable as direct costs to Program. It is agreed that employees of City whose time is directly assignable to the Program shall keep and sign a time record showing element of the Program, date and hours worked and title of position. E. It is understood that reimbursement for out-of-state, other than Nebraska, Iowa, and Kansas City, travel costs will not be requested by City unless written prior approval for such travel has been given by the State. The rate of reimbursement will be that allowed by the State for travel by its own employees. V. CHANGES IN THE PROGRAM A. If, after consultation with the State, it is determined that changes to the Program are necessary, written approval by the State and the FTA shall be obtained. B. The parties to this Agreement agree to collaborate closely on the decisions affecting the composition, scope and duration of the work and those decisions shall receive the written approval of the State prior to proceeding with the Program. Page 103 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 4 C. If, as the work progresses, major changes in the schedules, funding, scope, character or estimated total cost of the work to be performed is deemed necessary or desirable, adjustments for payment or modification in the performance of the work shall be submitted by supplemental agreement to the State for review and approval by the State and the FTA. VI. REPORTS City shall prepare reports suitable for publication as indicated in the work program. A draft of each report shall be submitted to the State for review and approval. Upon final review and approval by the State, and the FTA, City will deliver a final report. Both draft and final reports can be transmitted electronically in a formatted file agreeable by the State. VII. INSPECTION OF WORK The State and authorized personnel of the FTA or any authorized representative of the Federal government shall at all times be accorded proper facilities for review and inspection of the work hereunder and shall at all times have access to the premises of all books, records, correspondence, instructions, receipts, vouchers and memoranda of every description pertaining to the work hereunder. VIII. RECORDS City shall maintain an accurate cost-keeping system as to all costs incurred in connection with the subject of this Agreement and shall produce for examination books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the State, FTA or any authorized representative of the Federal government and shall permit extracts and copies thereof to be made, during the contract period and for three (3) years after the date of final payment. IX. AUDITS City shall at all times afford a representative of the State, FTA, or any authorized representative of the Federal government, reasonable facilities for examination and audits of the cost account records; shall make such returns and reports to a representative as he may require, shall produce and exhibit such books, accounts, documents and property as he may desire to inspect, and shall in all things aid him in the performance of his duties. City shall be responsible for meeting the audit requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Super Circular). X. OWNERSHIP OF DATA Originals of all documents including computer tapes, tracings, drawings, estimates, specifications, field notes, investigations, studies, etc., as instruments of service under terms of this Agreement are to be the joint property of the political jurisdiction and governmental agencies participating in the transportation planning process. Copies of said documents will be made available to such participants upon request at costs of such reproduction. Page 104 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 5 XI. PUBLICATION OR RELEASE OF INFORMATION A. Papers, interim reports, forms or other material which are a part of the work under contract will not be copyrighted without written approval of the State and FTA. B. Either party to the Agreement may initiate a request for publication of the final or interim reports, or any portions thereof. C. Publication by either party shall give credit to the other party and to the FTA. However, if the State or FTA does not wish to subscribe to the findings or conclusions of the study the following statement shall be included on the credit sheet: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the State or the Federal Transit Administration." D. In the event of failure of agreement between the State and City relative to the publication of any reports during the period of the contract, each party reserves the right to publish independently, in which event the non-concurrence of the other party shall be set forth, if requested. E. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with participants in the Transportation Planning Program, small technical groups or lectures to employees or students. Lectures to other groups which describe the plans are permissible. F. Neither party shall publish nor otherwise disclose, nor permit to be disclosed or published, the results of the investigation herein contemplated, during the period of the Agreement, without notifying the other party. G. When the scheduled time for presentation of a paper does not permit formal review and approval of a complete report, abstracts may be used for notification of intent to present a paper based on the study. Such presentation must protect the interest of the other party by the inclusion of a statement in the paper and in the presentation to the effect that the paper had not been reviewed by the State. XII. CLAIMS City indemnifies, saves and holds harmless the State and all its agents and employees of and from any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the work to be performed by City hereunder and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any such claim of whatever character arising as a result of the action taken hereunder by City. It is further agreed that any and all employees of City and all other employees except employees of the State while engaged in the performance of any work or services required or provided for herein to be performed by City shall not be considered employees of the State, and that any and all claims that may or might arise under the Workers' Compensation Act of the State of Nebraska on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on Page 105 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 6 any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the State. XIII. CONTRACTUAL SERVICES All agreements for contractual services pertinent to the Program and subject to partial reimbursement under this Agreement shall be submitted to the State for review and prior to final execution shall have been approved in writing by the State. City intends to provide the services pertinent to the Program with its own personnel. It is understood, however, that not less than fifty percent (50%) of such work will be performed with City personnel and/or by subcontract with other public agencies. XIIII. CANCELLATION The State reserves the right to cancel this Agreement at any time it deems it to be in the best interest of the State upon giving thirty (30) days written notice of such cancellation to City. If the contract is cancelled under this provision, the State shall reimburse City for all expenses incurred and work completed to the date of cancellation. XV. LIMITATIONS OF LAW It is mutually understood between the parties that the final authority in highway matters now vested in the State by federal and state statutory and case law shall not be affected by this Agreement. XVI. NONDISCRIMINATION City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-1101, through 48-1126 (Reissue 2010); and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Attachment "A" attached hereto and hereby made a part of this agreement. XVII. TITLE VI As the State is the recipient of the FTA Section 5305 funds and extends FTA financial assistance to City to comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. and related provisions in regulation, the State shall provide assistance to City in complying with the general reporting requirements and shall monitor City’s compliance with Title VI (as outlined in Circular 4702.1B, Chapter III, 3, 10 and 11 and Appendix K). If City subcontracts any of its metropolitan planning organization activities that the State provides the FTA Section 5303 funds for these activities, these Title VI provisions shall extend to the subcontracts. XVIII. DISADVANTAGED BUSINESS ENTERPRISES The Contractor, sub-recipient or sub-contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT Page 106 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 7 assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Department deems appropriate. XIV. LOBBYING CERTIFICATION City agrees to abide by the provisions of the Federal Lobbying Certification. "Certification for grants, loans, and cooperative agreements" is included herewith as Attachment "B" and made a part of this agreement. XX. EQUIPMENT A. The State agrees to participate in the cost of specialized items of equipment, not of a nature normally used or required in the regular administrative or engineering operations of City, which items are required for, and will be used primarily on work incident to this Agreement, and the cost of which is considered reasonable. B. City agrees to certify that items of equipment included in direct costs have been excluded from the indirect costs. C. City agrees to obtain the approval of the State and of the FTA prior to the purchase of an item of equipment of the type described above in Paragraph A. IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be executed by their proper officers and representatives. EXECUTED by City on: ______________________________ City of Grand Island ________________________________ EXECUTED by the State on: ________________________________ STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION ________________________________ Jodi Gibson, Manager Local Assistance Division Page 107 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 8 ATTACHMENT “A” NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of handicap, race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of handicap, race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or Page 108 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) 9 (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 109 of 295 City of Grand Island CN 01050A Project No. NE-X80(029) ATTACHMENT “B” CERTIFICATION REGARDING LOBBYING Certification for Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer of employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions as amended by “Government wide Guidance for New Restrictions on Lobbying. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all such sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certified by the City of Grand Island on ________________________________ City of Grand Island ________________________________ Page 110 of 295 June 6, 2023 Mr. Justin Luther, AICP Transportation Planner Federal Highway Administration, Nebraska Division Federal Building, Room 220 100 Centennial Mall North Lincoln, NE 68508-3803 Dear Mr. Luther: SUBJECT: State Concurrence with the final FY2024 GIAMPO UPWP The Nebraska Department of Transportation (NDOT) has reviewed the final FY2024 GIAMPO UPWP in effect from July 1, 2023 thru June 30, 2024. The total dollar amount in the NDOT portion of FY2024 GIAMPO PL Funding Summary agrees with the amount in our Final TMA/State PL Agreement. NDOT has received the signed Resolution #2023-8 adopting the FY2024 GIAMPO UPWP by the GIAMPO Policy Board at the May 23, 2023 meeting. NDOT is asking FHWA and FTA to review and approve FY2024 GIAMPO UPWP. Sincerely, Craig Wacker AICP Nebraska Department of Transportation Planning Manager Strategic Planning Division CC: D. Nguyen, FTA R. Huff, NDOT J. Gibson, NDOT K. Ruse, NDOT A. Starr, NDOT A. Zafft, GIAMPO K. Kurz, City of Grand Island Page 111 of 295 City Hall ∙ 100 East First Street ∙ PO Box 1968 ∙ Grand Island, Nebraska 68802-1968 (308) 385-5455 ∙ Fax: (308) 385-5488 ∙ Emergency: (308) 385-5432 ∙ www.grand-island.com Public Works Department Working Together for a Better Tomorrow, Today May 24, 2023 Mr. Craig Wacker, AICP Highway Planning Manager Nebraska Department of Transportation P.O. Box 94759 Lincoln, Nebraska 68509-4759 RE: GIAMPO FY 2024 Unified Planning Work Program Dear Mr. Wacker: Enclosed is the submittal of the Grand Island Area Metropolitan Planning Organization (GIAMPO) Unified Planning Work Program (UPWP) for State Fiscal Year 2024. The FY 2024 UPWP was adopted by the GIAMPO Policy Board at the May 23, 2023 meeting. Enclosed is the MPO Policy Board Resolution to adopt the FY 2024 UPWP. Please contact me if you have questions. Sincerely, Allan Zafft, AICP MPO Program Manager Enclosures cc: Keith Kurz, City of Grand Island Page 112 of 295 Page 113 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 1 FY 2024 Unified Planning Work Program May 23, 2023 Page 114 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | i May 2023 The preparation of this document was financed in part with funding from the United States Department of Transportation (USDOT), administered by the Nebraska Department of Transportation (NDOT). The opinions, findings, and conclusions expressed in this publication are those of the authors and do not necessarily represent USDOT or NDOT. Title VI Notice: Grand Island Area Metropolitan Planning Organization (GIAMPO) fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. Americans with Disabilities Act (ADA) Information: Individuals requiring reasonable accommodations may request written materials in alternate formats which include interpreter services, large print, readers, hearing assistance or other reasonable accommodations by contacting the City of Grand Island at 308-385-5455. Additional copies of this document may be obtained by contacting: City of Grand Island Public Works Department City Hall 100 East First Street Grand Island, NE. 68802 Page 115 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | ii Contents Membership ............................................................................................................................... 1 Abbreviations and Acronyms ...................................................................................................... 3 Introduction ................................................................................................................................ 4 What is the UPWP? ................................................................................................................ 4 What is GIAMPO? .................................................................................................................. 4 Federal Requirements for Transportation Planning .................................................................... 6 Set-Aside for Increasing Safe and Accessible Transportation Options ....................................... 7 Planning Emphasis Areas .......................................................................................................... 7 FY 2023 GIAMPO Accomplishments ......................................................................................... 7 MPO FY 2024 Work Elements ................................................................................................... 8 Element A - Unified Planning Work Program (UPWP) ............................................................ 8 Element B - Transportation Improvement Program (TIP) ........................................................ 9 Element C - Public Participation Plan (PPP) ..........................................................................10 Element D - Short Range Planning ........................................................................................11 Element E - Long Range Transportation Plan (LRTP) ...........................................................13 Element F - Transit Planning .................................................................................................14 Element G - Administration/System Management .................................................................15 Budget Table ............................................................................................................................18 Page 116 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 1 Membership Grand Island Area Metropolitan Planning Organization (GIAMPO) Unified Planning Work Program for Fiscal Year 2024 Policy Board Members Chair – Roger G. Steele Vice-Chair – Gary Quandt MPO Director/Secretary – Keith Kurz Grand Island Mayor: Roger G. Steele Grand Island City Council Members: Bethany Guzinski, Doug Lanfear, Jack Sheard Hall County Board of Supervisors Members: Ron Peterson, Gary Quandt Hall County Regional Planning Commission Chairperson: Pat O’Neill Nebraska Department of Transportation Director: Vicki Kramer Ex-Officio (non-voting) Members include: FHWA Nebraska Division Administrator: Wayne Fedora FTA Region VII Administrator: Mokhtee Ahmad Approved Ex-Officio (non-voting) Other Members: City of Grand Island: Laura McAloon, Keith Kurz, Chad Nabity Nebraska Department of Transportation: Craig Wacker, Wes Wahlgren Federal Transit Administration: Mark Bechtel Federal Highway Administration: Justin Luther Page 117 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 2 Technical Committee Members Chair – Chad Nabity Vice Chair – Don Robb MPO Director/Secretary – Keith Kurz Grand Island City Engineer/Public Works Director: Keith Kurz (interim) Grand Island City Administrator: Laura McAloon (interim) Grand Island Manager of Engineering Services: Keith Kurz Grand Island Transit Program Manager: Charley Falmlen Hall County Regional Planning Director: Chad Nabity Hall County Public Works Director: Don Robb NDOT Highway Planning Manager: Craig Wacker NDOT District Four Engineer: Wes Wahlgren Merrick County Public Works Director or Highway Superintendent: Mike Meyer One representative from the Village of Alda: Ramona Schafer The Board of the Central Nebraska Regional Airport may appoint one representative: Mike Olson Ex-Officio (non-voting) Members: FHWA Nebraska Division Transportation Planner or designee: Justin Luther FTA Region VII Transportation Planner or designee: Mark Bechtel, Logan Daniels, Daniel Nguyen NDOT Local Projects Division Urban Engineer: Jodi Gibson Grand Island Finance Director: Patrick Brown Grand Island Street Superintendent: Shannon Callahan One representative from the Union Pacific Railroad and one representative from the Burlington Northern Santa Fe Railroad may be appointed to the committee by their respective companies; other rail system operators may be added by the Policy Board as needed: Kelli O’Brien, Jeremy Wegner One representative from the Grand Island Area Chamber of Commerce: Cindy Johnson One representative from the Grand Island Area Economic Development Corporation: Mary Berlie Page 118 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 3 Abbreviations and Acronyms ADA Americans with Disabilities Act AMPO Association of Metropolitan Planning Organizations APA American Planning Association BIL Bipartisan Infrastructure Law CFR Code of Federal Regulations CRP Carbon Reduction Program CMAQ Congestion Mitigation Air Quality DOD Department of Defense DOT Department of Transportation FAST Act Fixing America’s Surface Transportation Act FHWA Federal Highway Administration FLMA Federal Land Management Agency FTA Federal Transit Administration FY Fiscal Year GIAMPO Grand Island Area Metropolitan Planning Organization GIS Geographical Information System HPMS Highway Performance Management System LEP Limited English Proficiency IIJA Infrastructure Investment and Jobs Act LRTP Long Range Transportation Plan MAP-21 Moving Ahead for Progress in the 21st Century Act MPA Metropolitan Planning Area MPO Metropolitan Planning Organization NDOT Nebraska Department of Transportation ONE DOT Federal Highway Administration and Federal Transit Administration PEA Planning Emphasis Areas PPP Public Participation Plan STRAHNET Strategic Highway Network TAC Technical Advisory Committee TDM Travel Demand Model TDP Transit Development Plan TIP Transportation Improvement Program UPWP Unified Planning Work Program 3-C Continuing, Cooperative, and Comprehensive Page 119 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 4 Introduction What is the UPWP? The purpose of the Unified Planning Work Program (UPWP) is to provide the citizens of the Grand Island Area Metropolitan Planning Organization (GIAMPO) and all partnering governing bodies with an outline of the Metropolitan Planning Organization’s (MPO) planned work activities for fiscal year 2024 (July 1, 2023 to June 30, 2024). The UPWP is a budget document prepared annually, and it may be amended by the GIAMPO Policy Board as priorities and activities change. The UPWP provides guidance and serves as a management mechanism for scheduling, budgeting, and evaluating the planning activities of GIAMPO. The UPWP defines the major administrative and technical work elements for a specific planning year and identifies the major sources of funding for these projects. The primary purpose of the UPWP is to ensure adherence to/compliance with provisions of 23 CFR 450. The UPWP guides GIAMPO in completing the work elements that lead to the development and implementation of the Long Range Transportation Plan (LRTP) and Transportation Improvement Program (TIP). The work elements defined in the UPWP are reviewed and approved by GIAMPO, ONE DOT (Federal Highway Administration and Federal Transit Administration), and the Nebraska Department of Transportation (NDOT) who in turn have designated the City of Grand Island as the contracting agent responsible for administering and performing these elements approved within the program. What is GIAMPO? The Grand Island Area Metropolitan Planning Organization (GIAMPO) is the federally required Metropolitan Planning Organization (MPO) to carry out the Continuing, Cooperative, and Comprehensive (3-C) transportation planning process for the Grand Island metropolitan region. Responsibilities of GIAMPO include, but are not limited to:  Providing the forum for local decision-making on transportation issues of a regional nature.  Encouraging and seeking public involvement throughout the planning and development of the area’s transportation plans and programs.  Facilitating the development of all planning elements for the Metropolitan Planning Area  Submitting transportation planning documents to the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Nebraska Department of Transportation (NDOT). GIAMPO is responsible for transportation planning activities within a geographic area identified as the Metropolitan Planning Area (MPA). GIAMPO’s MPA is comprised of the City of Grand Island, Village of Alda, portions of Hall County, and a portion of west Merrick County. The MPA is shown in Figure 1. Page 120 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 5 Figure 1 – GIAMPO Metropolitan Planning Area (MPA) GIAMPO’s structure is formed by two designated committees – Policy Board and Technical Advisory Committee (TAC). GIAMPO staff provides support to these committees. Policy Board The Policy Board is the governing body of GIAMPO. It is comprised of mostly elected officials that establish the overall policy direction for GIAMPO’s planning activities. The Policy Board has the final responsibility of these activities, and it approves the MPO work products such as the UPWP, LRTP, and TIP. Technical Advisory Committee The Technical Advisory Committee (TAC) is a staff-level committee, which advises the Policy Board on technical matters related to MPO work products, transportation policies, and other technical studies and plans considered by GIAMPO. The TAC can establish subcommittees to provide technical and recommendations to them on transportation-related projects or issues. In 2016, a Non-Motorized subcommittee was created to act as the advisory body to the TAC on the development of the GIAMPO Bicycle and Pedestrian Master Plan. Staff The GIAMPO staff will be available to aid local officials and concerned citizens in implementing transportation and various community improvement programs in an overall effort to enhance the Page 121 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 6 area. Staff members encourage and assist local leaders in several programs, with strong emphasis on the benefits of regional cooperation and coordination. Currently, the GIAMPO staff involved with transportation planning consists of a MPO Program Manager supported by the Director of Public Works/City Engineer and the Public Works staff in conjunction with the Director of the Hall County Regional Planning Department, and administrative staff. MPO FY 2024 Staff Time Estimates Staff (equivalent staff time) Estimated Staff Months Est. Hours Professional Staff (MPO Program Manager) - Direct 11.08 1,920 Administrative Staff (Administrative Coordinator) - Direct 0.14 25 Federal Requirements for Transportation Planning The Infrastructure Investment and Jobs Act or “IIJA” (also known as the “Bipartisan Infrastructure Law” (BIL)) became law on November 15, 2021, and continues the Metropolitan Planning program. This program continues the federal requirement of the metropolitan transportation planning process to be continuous, cooperative, and comprehensive. The IIJA includes ten (10) factors required for consideration in the planning process. The UPWP includes work activities to be accomplished over fiscal year 2024 which will address these factors. The ten (10) factors are the following: 1. Support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; 2. Increase the safety of the transportation system for motorized and non-motorized users; 3. Increase the security of the transportation system for motorized and non-motorized users; 4. Increase the accessibility and mobility options available to people and for freight; 5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; 6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; 7. Promote efficient system management and operation; 8. Emphasize the preservation of the existing transportation system; 9. Improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and 10. Enhance travel and tourism. The IIJA carries forward the policies, programs, and initiatives established by preceding legislation (FAST Act and MAP-21) to maintain and improve the nation’s surface transportation system. This legislation carries forward and expands on these policies and introduces new policies and programs that address new and emerging issues that face the nation’s transportation system. These issues include mitigating impacts to existing infrastructure due to climate change, developing and maintaining system resiliency, ensuring equity, researching and deploying new technologies, and improving safety for all users. Page 122 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 7 Set-Aside for Increasing Safe and Accessible Transportation Options The IIJA requires each MPO to use at least 2.5% of its FHWA Metropolitan Planning Funds (estimated at $2,865 in PL funds for the GIAMPO FY 2024 UPWP) on specified planning activities to increase safe and accessible options for multiple travel modes for people of all ages and abilities. GIAMPO will meet this requirement through eligible activities under the Short Range Planning and Administration/System Management elements/categories of the FY 2024 UPWP. These activities include, but are not limited to, the following: through supporting the Non-Motorized subcommittee, collecting and maintaining bicycle and pedestrian counts on multi-use trails and/or sidepaths, maintaining and evaluating bicycle and pedestrian crashes, and coordinating with City of Grand Island staff on the review of transportation projects and subdivision plans (this review recognizes the City’s Complete Streets policy and guide). Planning Emphasis Areas The FHWA and FTA jointly issued new Planning Emphasis Areas in December 2021. The Planning Emphasis Areas are areas that FHWA divisions and FTA regional offices should emphasize when working with State Departments of Transportation (DOT) and MPOs as they develop their planning work programs. These Planning Emphasis Areas are: • Tackling the Climate Crisis – Transition to a Clean Energy Resilient Future • Equity and Justice40 in Transportation Planning • Complete Streets • Public Involvement • Strategic Highway Network (STRAHNET) / US Department of Defense (DOD) Coordination • Federal Land Management Agency (FLMA) Coordination • Planning and Environment Linkages • Data in Transportation Planning The planning work of GIAMPO endeavors to consider each of these areas. FY 2023 GIAMPO Accomplishments The items listed below are the major activities completed during the previous fiscal year:  Approved amendments and/or administrative modifications to the 2045 Long Range Transportation Plan, FY 2023-2027 Transportation Improvement Program, and FY 2023 Unified Planning Work Program  Adopted the FY 2024-2028 Transportation Improvement Program and FY 2024 Unified Planning Work Program for the GIAMPO Metropolitan Planning Area Page 123 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 8  Adopted the MPO targets for CY 2024 safety performance measures, CY 2022-2025 infrastructure condition performance measures, and CY 2022-2025 system operations performance measures  Completed the Transit Development Plan  Continued work on the Public Participation Plan Update  Reestablished the GIAMPO Non-Motorized Subcommittee  Continued development and maintenance of planning data repository/GIS datasets MPO FY 2024 Work Elements The following pages detail the work elements that GIAMPO will undertake in FY 2024. These elements are divided into Unified Planning Work Program, Transportation Improvement Program, Public Participation Plan, Short Range Planning Activities, Long Range Transportation Plan, Transit Planning, and Administration/System Management. Element A - Unified Planning Work Program (UPWP) Purpose: Develop and maintain the annual UPWP and budget Previous Work: • Monitored and maintained the FY 2023 UPWP • Developed the FY 2024 UPWP • Prepared quarterly progress reports and reimbursement requests to NDOT Activities: • Maintain the FY 2024 UPWP and budget, and amend the work program and budget through amendments or administrative modifications as needed • Manage the GIAMPO funding streams and track the status of the UPWP budget and activities • Prepare quarterly progress reports that document activities accomplished and associated with the UPWP work elements • Prepare and submit quarterly reimbursement requests to NDOT • Coordinate GIAMPO’s annual budget with the City of Grand Island’s annual budget • Maintain the annual FHWA PL grant contract and any subsequent amendments • Coordinate with planning partners regarding UPWP activities • Prepare a “DRAFT” FY 2025 UPWP and budget • Finalize and adopt the FY 2025 UPWP and budget Work Products: o Monitoring the FY 2024 UPWP and budget o Quarterly progress reports and reimbursement requests o Amendments and administration modifications to the FY 2024 UPWP as needed o Annual “DRAFT” FY 2025 UPWP o Annual “FINAL” FY 2025 UPWP Page 124 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 9 Budget - 225 MPO Program Manager Hours Unified Planning Work Program Tasks Costs Schedule Quarterly Progress Reports and Reimbursement Requests $3,752.39 Quarterly FY 2024 UPWP Budget Amendments/Admin Modifications $2,814.29 Ongoing “DRAFT” FY 2025 UPWP $8,442.88 3rd/4th Quarters “FINAL” FY 2025 UPWP $1,876.20 4th Quarter Other Activities (i.e. manage funding streams and budget) $1,876.20 Ongoing Other Direct $0.00 Total Budget $18,761.96 Element B - Transportation Improvement Program (TIP) Purpose: Develop, maintain, and monitor a five-year program of transportation projects and the financial plan that demonstrates the program can reasonably be implemented. GIAMPO will monitor the program, and will also continue the effort to gain public input on significant projects, and will provide mechanisms to inform the public of the funding availability for federal, state, and local projects. Previous Work: • Monitored and maintained the FY 2023-2027 TIP • Developed the FY 2024-2028 TIP, including coordination with FHWA to identify any federal land units within the GIAMPO Metropolitan Planning Area • Prepared the Annual Listing of Federally Obligated Projects for FY 2022 Activities: • Develop the Annual Listing of Federally Obligated Projects for FY 2023 • Work with the City of Grand Island staff in developing the City’s one and six street improvement plan for 2024 • Monitor the status of projects in the FY 2024-2028 TIP • Maintain, revise, and amend the FY 2024-2028 TIP through amendments and administrative modifications as needed • Program/administer Carbon Reduction Program (CRP) funds in coordination with NDOT • Staff involvement on project related activities ensuring issues are properly identified and adequately addressed for timely implementation • Coordinate with planning partners regarding TIP activities • Prepare the “DRAFT” FY 2025-2029 TIP, which includes the coordination of the self- certification of the MPO Planning Process as required • Finalize and adopt the FY 2025-2029 TIP Work Products: o Annual Listing of Federally Obligated Projects for FY 2023 o Amendments and administrative modifications to the FY 2024-2028 TIP as needed Page 125 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 10 o “DRAFT” FY 2025-2029 TIP o “FINAL” FY 2025-2029 TIP Budget - 200 MPO Program Manager Hours Transportation Improvement Program Tasks Costs Schedule Annual Listing of Federally Obligated Projects for FY 2023 $836.58 2nd Quarter FY 2024-2028 TIP Amendments/Admin Modifications $1,673.14 Ongoing Grand Island's 1 and 6 Year Street Improvement Plan $1,673.14 1st Quarter "DRAFT" FY 2025-2029 TIP $8,365.72 3rd/4th Quarters "FINAL" FY 2025-2029 TIP $1,673.14 4th Quarter Other Activities (i.e. monitor FY 2024-2028 TIP, program/ administer CRP Funds) $2,509.72 Ongoing Other Direct $0.00 Total Budget $16,731.44 Element C - Public Participation Plan (PPP) Purpose: Conduct public involvement activities in accordance with the Public Participation Plan (PPP) to effectively and continuously engage public input for the transportation planning process. Previous Work: • Continued making updates and enhancements to the GIAMPO website • Published notices for meetings and/or public comment periods of MPO work products • Conducted public comment periods for MPO work products • Continued work on the Public Participation Plan Update Activities: • Continuing education about the MPO and the purpose of the MPO. This will be done with media interviews, GITV, and public speaking engagements with civic groups, as requested. • Develop publications (i.e. pamphlets, handouts, brochures) about the MPO planning process and products as needed • The GIAMPO website will be maintained and updated for meeting notices, agendas, and/or minutes, and other information regarding transportation planning activities that affect the region. • Examine options for displaying GIAMPO Geographical Information System (GIS) data on the web page • Maintenance and updating of social media sites such as Facebook and Twitter to inform interested parties on transportation planning activities • Attend public information meetings for transportation improvement projects and/or studies (as needed) • Conduct public comment periods for MPO work products (i.e. UPWP and TIP) Page 126 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 11 • Publish notices for meetings and/or public comment periods of MPO work products (i.e. UPWP and TIP) • Continue to develop and expand GIAMPO databases for public participation particularly environmental justice areas to assess the benefits and burdens of transportation improvements • Amend and revise the current Public Participation Plan as needed • Maintain the Title VI Implementation Plan • Maintain the Limited English Proficiency Plan • Continue to prepare a “DRAFT” Public Participation Plan Update Work Products o Continue to update GIAMPO website o Continue to update social media sites o Amendments/administrative modifications to the current Public Participation Plan as needed o “DRAFT” Public Participation Plan Update Budget - 175 MPO Program Manager Hours Public Participation Plan Tasks Costs Schedule Title VI Mitigation/Assessment, including LEP Plan $2,923.95 Ongoing Current PPP Review $1,461.97 Ongoing "DRAFT" PPP Update $4,385.91 1st/2nd Quarters Website Development/Maintenance $2,923.94 Ongoing MPO Education $1,461.97 Ongoing Other Activities (i.e. public notices) $1,461.97 Ongoing Other Direct (i.e. advertising) $1,500.00 Total Budget $16,119.71 Element D - Short Range Planning Purpose: Carry out ongoing short range planning activities like mapping, data collection and maintenance, air quality, highway functional classification, and performance measures. Previous Work: • Adopted the MPO targets for CY 2024 safety performance measures, CY 2022-2025 infrastructure condition performance measures, and CY 2022-2025 system operations performance measures • Data interpretation • Compiled data for GIAMPO planning area • Began to update a dataset for the City Geographic System (GIS) relating to previous crash data • Prepared maps for FY 2024-2028 TIP • Collected bicycle and pedestrians counts on multi-use trails Page 127 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 12 • Reviewed the Draft State Plan for Electric Vehicle Infrastructure Deployment • Provided a recommendation of Critical Urban Freight Corridors for the Grand Island area as part of the Nebraska State Freight Plan Activities: • Coordinate with NDOT and other agencies in obtaining data for the GIAMPO planning area • Continue to develop or maintain a planning data repository for the GIAMPO planning area (i.e. demographics, socioeconomic, traffic counts, crashes) • Work with City of Grand Island’s GIS Coordinator to develop and/or update datasets for the City Geographical Information System (GIS) including roads, sidewalks, bicycle routes, trails, traffic counts, crashes, etc. • Utilize GIS for map production, land use planning, socio-economic data analysis, and traffic model interfacing • Work with City of Grand Island’s GIS Coordinator to prepare maps for analysis, presentation, and MPO work products • Assist NDOT in Highway Performance Management System (HPMS) data collection (i.e. traffic data collection) • Provide technical assistance to local and state jurisdictions for their transportation projects as needed • Perform the following activities relating to performance measures:  Develop or update performance measures and targets in coordination with FHWA, FTA, and NDOT relating to safety, infrastructure condition, system operations performance, air quality, and asset management  Conduct data collection and analysis related to transportation performance measures • Collect and maintain bicycle and pedestrian counts on multi-use trails and/or sidepaths • Coordinate with the City of Grand Island staff in preparing applications for funds such as Recreational Trails Program, Congestion Mitigation Air Quality Program, and Statewide Transportation Alternatives Program • Coordinate with City of Grand Island staff on the review of transportation projects and subdivision plans. This review recognizes the City’s Complete Streets policy and guide. • Review the information on the ambient air monitoring for PM2.5 in Grand Island, which is operated by the Nebraska Department of Environmental and Energy • Coordinate with NDOT on statewide plans and studies such as the State Plan for Electric Vehicle Infrastructure Deployment and NDOT’s Carbon Reduction Strategy • Analyze Census data as it becomes available • Analyze and adjust Urban Area Boundary and GIAMPO Metropolitan Planning Area after the announcement of the qualifying urban areas based on the results of the 2020 Decennial Census • Review and update the Highway Functional Classification System in coordination with NDOT as needed Work Products o Performance measures and targets o Planning data repository/GIS datasets Page 128 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 13 Budget - 300 MPO Program Manager Hours Short Range Planning Tasks Costs Schedule Performance Measures $5,019.43 Ongoing Data Collection $5,019.43 Ongoing Planning Database Repository/GIS Datasets and Mapping $8,784.01 Ongoing Other Activities (i.e. grant preparation) $6,274.29 Ongoing Other Direct (bicycle and pedestrian traffic counting equipment and/or supplies) $5,250.00 Total Budget $30,347.16* * The IIJA requires each MPO to use at least 2.5% of its FHWA Metropolitan Planning Funds (estimated at $2,865 in PL funds for the GIAMPO FY 2024 UPWP) on specified planning activities to increase safe and accessible options for multiple travel modes for people of all ages and abilities. GIAMPO will meet this requirement through eligible activities under the Short Range Planning element/category (at least $1,365 in PL funds spent) and Administration/System Management element/category (at least $1,559 in PL funds spent) of the FY 2024 UPWP. Element E - Long Range Transportation Plan (LRTP) Purpose: Implement and maintain the LRTP with regards to the intent and requirements of the current federal transportation bill and guidance by the FHWA, FTA, and NDOT. This work element will support transportation activities recommended by the LRTP that lead to the development of an integrated multimodal transportation system to facilitate the safe and efficient movement of people and goods. Previous Work: • Reviewed TIP projects to ensure that TIP was consistent with the current LRTP • Amended and revised the current LRTP • Completed the Transit Development Plan (TDP), which included the following activities in FY 2023 – data collection, public involvement, financial and implementation plan, TDM documentation Activities: • Amend and/or revise the current LRTP as necessary • Monitor and revise the GIAMPO Bicycle and Pedestrian Master Plan as needed • Maintain and refine the regional Travel Demand Model (TDM) as needed • Analyze socioeconomic changes and land use proposals since the adoption of LRTP • Continue to develop environmental database to be used in conjunction with the LRTP objectives (ongoing as data is available) • Coordinate federal performance measures with FHWA, FTA, and NDOT and continue working on the performance monitoring and reporting required by the IIJA for inclusion with the LRTP • Initiate the update of the regional TDM for the LRTP Update • Begin the LRTP Update Page 129 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 14 • Assist NDOT with statewide Long Range Transportation Plan as needed • Coordinate with NDOT’s Freight Planning activities such as serving on the State Freight Advisory Committee and providing input towards the Nebraska State Freight Plan Update. This activity supports the GIAMPO LRTP goals of multimodal connectivity and accessibility and economic vitality. • Coordinate the LRTP with the Comprehensive Plan and Regulation Update for the City of Grand Island and Hall County Work Products: o Current LRTP amendments and/or revisions o Current Travel Demand Model maintenance o RFQ for professional services for the update of the TDM and LRTP Budget- 415 MPO Program Manager Hours Long Range Transportation Plan Tasks Costs Schedule Amendment and/or Revisions to the Current LRTP $6,887.50 Ongoing Travel Demand Model & LRTP Update - GIAMPO Staff $10,331.26 Ongoing Other Activities $17,218.77 Ongoing Travel Demand Model & LRTP Update - Professional Services $149,782.79* Ongoing Other Direct $0.00 Total Budget $184,220.32 * Includes $38,940.43 of FHWA PL Funds and $80,885.80 of FTA Section 5305 Funds. Element F - Transit Planning Purpose: This work element will conduct and coordinate the planning activities of the City Transit Program to meet applicable federal, state, and municipal requirements. Previous Work: • Prepared transit elements for the FY 2024 UPWP and FY 2024-2028 TIP • Completed the Transit Development Plan (TDP), which included the following activities in FY 2023 – data collection, public involvement, financial and implementation plan, TDM documentation • Coordinated transit-related administrative modifications to the FY 2023-2027 TIP • Reviewed the Title VI Plan, Baseline Performance Targets for Year 1, Public Transportation Agency Safety Plan, and DBE Program Plan for the City of Grand Island (CRANE Public Transit) • Triennial Review Support Activities: • Prepare transit elements for the FY 2025 UPWP and FY 2025-2029 TIP • Coordinate transit-related amendments/revisions to the FY 2024 UPWP, FY 2024-2028 TIP, current LRTP as needed Page 130 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 15 • Perform the following activities relating to performance measures:  Establish or update performance measures and targets in coordination with FTA, NDOT, and the City of Grand Island relating to transit asset management and safety  Conduct data collection and analysis related to transit performance measures • Evaluate and track transit services and activities (i.e. identify gaps, monitor ridership) • Support the development of the LRTP Update • Maintain the annual FTA Section 5305 grant contract and any subsequent amendments • Attend relevant trainings, workshops, conferences, webinars, and other educational opportunities that include; but not limited to:  National Transit Institute  FTA  NDOT • Prepare for and/or attend relevant transit-related meetings • Provide support to FTA grants for transit services in the Grand Island urbanized area • Prepare quarterly progress reports and reimbursement requests (transit-related) to NDOT • Coordinate and/or review transit-related plans, studies, and documents for the City of Grand Island (CRANE Public Transit) and NDOT • Coordinate with the City of Grand Island Transit Program on safety data collection as needed • Assist the City of Grand Island Transit Program with the implementation of the Transit Development Plan • Provide support in the process with selecting a public transit provider for the City of Grand Island Transit Program Work Products: o Performance measures and targets o Transit elements of the FY 2025 UPWP and FY 2025-2029 TIP Budget - 175 MPO Program Manager Hours Transit Planning Tasks Costs Schedule Performance Measures $726.93 2nd/3rd Quarters Transit Elements of UPWP and TIP $3,634.62 3rd/4th Quarters Data Collection and Analysis $5,088.47 Ongoing Other Activities (i.e. transit-related meetings) $5,088.47 Ongoing Other Direct (Travel, Training, Misc.) $0.00 Total Budget $14,538.49 Element G - Administration/System Management Purpose: Carry out the administrative duties of the MPO. Activities include organizing meetings, producing agenda, minutes, committee support, coordination of agencies, and the general administration of the MPO. In addition, attend various meetings, conferences, workshops and training. Page 131 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 16 Previous Work: • Held Policy Board, TAC, and Non-Motorized Subcommittee meetings, including preparing agendas, minutes, and/or supporting documents • Set meeting schedules for the Policy Board and TAC for calendar year 2023 • Reestablished the GIAMPO Non-Motorized Subcommittee • Held GIAMPO staff meetings, including preparing agendas and supporting documents • Attended relevant trainings/workshops/ webinars and transportation-relating meetings Activities: • Support the Policy Board and TAC, which includes the following detailed activities and all other related activities:  Develop, compile, and distribute meeting packets, including agendas, staff reports, and any additional information  Prepare presentations for meetings as needed  Record and transcribe meeting minutes  Provide training for new Policy Board and TAC members as needed  Maintain Policy Board and TAC bylaws  Maintain membership and contact lists • Support the Non-Motorized Subcommittee (TAC subcommittee), which includes the following detailed activities and all other related activities:  Develop and distribute meeting agendas and other information  Prepare presentations for meetings as needed  Maintain membership and contacts • Attend relevant trainings, workshops, conferences, webinars, and other educational opportunities that include; but not limited to:  National Highway Institute  FHWA  NDOT  Nebraska Chapter of American Planning Association annual conference and other workshops  Nebraska Chapter of American Planning Association Fall Symposium  Association of Metropolitan Planning Organizations  Institute of Transportation Engineers  Transportation Research Board • Prepare for and/or attend relevant transportation-related meetings that include; but not limited to:  GIAMPO staff meetings  MPO Coordination meetings  NDOT and/or FHWA-related meetings • Comply with federal and state MPO certification requirements and review federal/state policies and guidance regarding metropolitan transportation planning and incorporate changes as necessary • Continue to evaluate the Planning Emphasis Areas (jointly issued by FHWA and FTA in December 2021) to consider updates on activities in future work programs • Review and certify the transportation planning process • Complete timesheets to include with quarterly reimbursement requests Page 132 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 17 • Prepare for and/or attend employee-related activities such as performance evaluation, work benefits, etc. • Perform other administrative duties such as maintaining GIAMPO-related records, providing GIAMPO-related documents to the City of Grand Island Finance Department for the annual city audit, updating agreements as needed, etc. • Purchase TransCAD technical support and software maintenance for a period of one year Work Products: o Meeting agendas, minutes, support documents, and/or presentations for Policy Board, TAC, and Non-Motorized Subcommittee o General Administration of the established 3-C Transportation Planning Process for GIAMPO. This includes attending educational opportunities, transportation-related meetings, and employee-related activities. Budget - 455 MPO Program Manager/Admin Staff Hours Administration/Systems Management Tasks Costs Schedule Provide Support for Policy Board, TAC, & Subcommittees $11,103.21 Ongoing Meeting Minutes and Other Documentation $5,551.60 Ongoing General Administration of GIAMPO $20,355.88 Ongoing Other Direct Office Expenses* $2,500.00 Computer Services/Hardware $4,000.00 Software Maintenance/Support TransCAD $1,500.00 Organizational Membership Fees $1,000.00 Travel, Training, Conferences, & Mileage Reimbursement $2,420.00 Total Budget $48,430.69** * Office/operating expense include meeting expenses, office equipment and supplies, copier fees, postage, telephone, etc. ** The IIJA requires each MPO to use at least 2.5% of its FHWA Metropolitan Planning Funds (estimated at $2,865 in PL funds for the GIAMPO FY 2024 UPWP) on specified planning activities to increase safe and accessible options for multiple travel modes for people of all ages and abilities. GIAMPO will meet this requirement through eligible activities under the Short Range Planning element/category (at least $1,365 in PL funds spent) and Administration/System Management element/category (at least $1,559 in PL funds spent) of the FY 2024 UPWP. Total UPWP Budget It is anticipated that the cost of implementing this UPWP for GIAMPO will be $329,149.77 during FY 2024. Based on the formula funding for MPOs in Nebraska, in FY 2024 GIAMPO is eligible for up to $170,803.22 Federal Highway Planning funds and $92,516.59 Federal Transit Section 5305 funds for staffing and other expenses. The City of Grand Island, by agreement, provides at least a 20% match. Total revenue for the MPO planning program equals $323,149.77. Page 133 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 18 Budget Table Direct Labor - MPO Program Manager 225 11,644.71 9,315.77 2,328.94 11,644.71 Fringe/Indirect - MPO Program Manager 7,117.25 5,693.80 1,423.45 7,117.25 Other Direct 0.00 0.00 0.00 0.00 Total Unified Planning Work Program $18,761.96 $15,009.57 $3,752.39 $18,761.96 Direct Labor - MPO Program Manager 200 10,384.46 8,307.57 2,076.89 10,384.46 Fringe/Indirect - MPO Program Manager 6,346.98 5,077.58 1,269.40 6,346.98 Other Direct 0.00 0.00 0.00 0.00 Total Transportation Improvement Program $16,731.44 $13,385.15 $3,346.29 $16,731.44 Direct Labor - MPO Program Manager 175 9,073.80 7,259.04 1,814.76 9,073.80 Fringe/Indirect - MPO Program Manager 5,545.91 4,436.73 1,109.18 5,545.91 Other Direct 1,500.00 1,200.00 300.00 1,500.00 Total Public Participation Plan $16,119.71 $12,895.77 $3,223.94 $16,119.71 Direct Labor - MPO Program Manager 300 15,576.69 12,461.35 3,115.34 15,576.69 Fringe/Indirect - MPO Program Manager 9,520.47 7,616.38 1,904.09 9,520.47 Other Direct 5,250.00 4,200.00 1,050.00 5,250.00 Total Short Range Studies $30,347.16 $24,277.73 $6,069.43 $30,347.16 Direct Labor - MPO Program Manager 415 21,373.84 17,099.07 4,274.77 21,373.84 Fringe/Indirect - MPO Program Manager 13,063.69 10,450.95 2,612.74 13,063.69 Professional Services - Travel Demand Model (TDM) and LRTP Update 149,782.79 119,826.23 29,956.56 149,782.79 Other Direct 0.00 0.00 0.00 0.00 Total Long Range Transportation Plan $184,220.32 $147,376.26 $36,844.06 $184,220.32 Direct Labor - MPO Program Manager 175 9,023.39 7,218.71 1,804.68 9,023.39 Fringe/Indirect - MPO Program Manager 5,515.10 4,412.08 1,103.02 5,515.10 Other Direct 0.00 0.00 0.00 0.00 Total Transit Planning $14,538.49 $11,630.79 $2,907.70 $14,538.49 Direct Labor - MPO Program Manager 430 22,230.81 17,784.65 4,446.16 22,230.81 Fringe/Indirect - MPO Program Manager 13,587.47 10,869.98 2,717.49 13,587.47 Direct Labor - Administrative Assistance 25 1,023.88 819.10 204.78 1,023.88 Fringe/Indirect - Administrative Assistance 168.53 134.82 33.71 168.53 Office Expenses 2,500.00 2,000.00 500.00 2,500.00 Computer Services 4,000.00 3,200.00 800.00 4,000.00 Software Maintenance/Support TransCAD 1,500.00 1,200.00 300.00 1,500.00 Individual and Organizational Membership Fees 1,000.00 800.00 200.00 1,000.00 Travel, Training, Conferences, & Mileage Reimbursement 2,420.00 1,936.00 484.00 2,420.00 Total Administration/System Management $48,430.69 $38,744.55 $9,686.14 $48,430.69 Project Number - PLG-1 (61), Control Number - TBD, Agreement No. - TBD Cost Category Est. Work Hours NE Federal80%Grand Island20%Total 100% Grand Island Area Metropolitan Planning Organization DISTRIBUTION OF COSTS BY WORK ELEMENT FY 2024 UPWP FY 2024 FHWA PL AND FTA 5305 - PROGRAM COSTS July 1, 2023 - June 30, 2024 Short Range Planning* UPWP TIP Category Total PPP LRTP Administration/ System Management* Other Direct Transit Planning Page 134 of 295 FY 2024 Unified Planning Work Program FY 2024 Unified Planning Work Program | 19 Direct Labor FHWA 1,770 91,308.19 73,046.55 18,261.64 91,308.19 Fringe/Indirect FHWA 55,350.30 44,280.24 11,070.06 55,350.30 Other Direct (includes Professional Services for TDM and LRTP Update)66,845.54 53,476.43 13,369.11 66,845.54 Grand Total FHWA PL UPWP $213,504.03 $170,803.22 $42,700.81 $213,504.03 Direct Labor FTA 175 9,023.39 7,218.71 1,804.68 9,023.39 Fringe/Indirect FTA 5,515.10 4,412.08 1,103.02 5,515.10 Other Direct (includes Professional Services for TDM and LRTP Update)101,107.25 80,885.80 20,221.45 101,107.25 Grand Total FTA Section 5305 and 5307 $115,645.74 $92,516.59 $23,129.15 $115,645.74 NOTES: Total Highway Planning Federal Highway Administration - FHWA PL $213,504.03 $170,803.22 $42,700.81 $213,504.03 Total Transit Federal Transit Administration - FTA 5305 $115,645.74 $92,516.59 $23,129.15 $115,645.74 Total Transit Federal Transit Administration - FTA 5307 $0.00 $0.00 $0.00 $0.00 Total FY 2024 UPWP $329,149.77 $263,319.81 $65,829.96 $329,149.77 FHWA PL Available Revenue **$213,504.03 $170,803.22 $42,700.81 $213,504.03 FTA 5305 Available Revenue***$115,645.74 $92,516.59 $23,129.15 $115,645.74 FTA 5307 Available Revenue $0.00 $0.00 $0.00 $0.00 Remaining FHWA PL Funds $0.00 $0.00 $0.00 $0.00 Remaining FTA 5305 Funds $0.00 $0.00 $0.00 $0.00 Remaining FTA 5307 Funds $0.00 $0.00 $0.00 $0.00 Total Program Funds Remaining $0.00 $0.00 $0.00 $0.00 ** FHWA PL Funds: - FY 2024 Allocation - $170,803.22 (Even distribution - $40,000 and Population based distribution - $92,332.70 and Deobligate FY21 Project - $38,470.52) *** FTA Section 5305 Funds: - FY 2024 Allocation - $40,092.00 - FY 2023 Carryover - $52,424.59 Project Number - PLG-1 (61), Control Number - TBD, Agreement No. - TBD Cost Category Est. Work Hours NE Federal 80% Grand Island 20% Total 100% Grand Island Area Metropolitan Planning Organization DISTRIBUTION OF COSTS BY WORK ELEMENT FY 2024 UPWP FY 2024 FHWA PL AND FTA 5305 - PROGRAM COSTS July 1, 2023 - June 30, 2024 * The FY 2024 UPWP is in compliance with the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law” (BIL)), which requires each MPO to use at least 2.5% of its FHWA Metropolitan Planning Funds ($2,865 for GIAMPO) on specified planning activities to increase safe and accessible options for multiple travel modes for people of all ages and abilities. [BIL § 11201] GIAMPO will meet this requirement through eligible activities under the Short Range Planning and Administration/System Management elements/categories of the FY 2024 UPWP. Category Total FHWA 2024 FTA 2024 Page 135 of 295 R E S O L U T I O N 2023-175 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 maximum amount of cash support from the State under such agreement is $40,092.00 (80%) of 49 USC Section 5305 funds for Fiscal Year 2024; and WHEREAS, the local 20% funds would be the City’s obligation not to exceed $10,023.00 and can be part of inkind services (staff time & expenses); 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, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 136 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 9.a. Subject: Public Hearing on Request from LAMEXICANA, Inc. dba La Mexicana, 111 East 4th Street for a Class "C" Liquor License #2023-176 - Approving Request from LAMEXICANA, Inc. dba La Mexicana, 111 East 4th Street for a Class "C" Liquor License and Liquor Manager Designation for Paz Casillas, 609 Stuhr Road, Grand Island, NE. Staff Contact: RaNae Edwards BACKGROUND: Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. DISCUSSION: LAMEXICANA, Inc. dba La Mexicana, 111 East 4th Street has submitted an application for a Class "C" Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Page 137 of 295 Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Paz Casillas, 609 Stuhr Road, Grand Island, Nebraska. Ms. Casillas' has completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Paz Casillas, 609 Stuhr Road, Grand Island, Nebraska. 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: Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Police Report 2. Map 3. Resolution Page 138 of 295 07/19/23 Grand Island Police Department Officer Report for Incident L23070992 Nature:  Liquor Lic Inv Address:  111 4TH ST E; LA MEXICANA RESTAURANT Location:  PAON Grand Island NE 68801 Offense Codes:   Received By:  Dvorak T How Received:  T Agency:  GIPD Responding Officers:  Dvorak T Responsible Officer:  Dvorak T Disposition:  CLO 07/19/23 When Reported:  12:57:03 07/14/23 Occurred Between:  12:57:03 07/14/23 and 12:57:03 07/14/23 Assigned To:   Detail:   Date Assigned:  **/**/** Status:   Status Date:  **/**/**Due Date:  **/**/** Complainant:    Last:    First:    Mid:    DOB:   **/**/**Dr Lic:    Address:    Race:    Sex:    Phone:    City:   , Offense Codes Reported:    Observed:    Circumstances Responding Officers:   Unit :   Dvorak T 309 Responsible Officer:   Dvorak T Agency:   GIPD Received By:   Dvorak T Last Radio Log:   **:**:** **/**/** How Received:   T Telephone Clearance:   CL CL Case Closed When Reported:   12:57:03 07/14/23 Disposition:   CLO Date:   07/19/23 Judicial Status:    Occurred between:   12:57:03 07/14/23 Misc Entry:    and:   12:57:03 07/14/23 Modus Operandi:   Description :   Method :   Involvements Date Type Description 07/14/23 Name Flores, Adolfo owner Page 139 of 295 Officer Report for Incident L23070992 Page 2 of 6 07/19/23 07/14/23 Name La Mexicana, location 07/14/23 Name Casillas, Paz A proposed manager Page 140 of 295 Officer Report for Incident L23070992 Page 3 of 6 07/19/23 Narrative 309 La Mexicana Grand Island Police Department Adolfo Flores is the owner and CEO of La Mexicana LLC. Adolfo has applied for a Class C Liquor License; beer, wine and distilled spirits, on and off sale; for his La Mexicana restaurant and market located at 111 E 4th Street. The current manager of the market, Paz Casillas, is listed as the proposed liquor manager for the new license. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 141 of 295 Officer Report for Incident L23070992 Page 4 of 6 07/19/23 Supplement 309 La Mexicana Grand Island Police Department Supplemental Report Date, Time:7-17-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID I found that Adolfo Flores, as owner of La Mexicana LLC, has been issued liquor licenses in the past, between 2003 and 2018. I did note that Flores was denied local approval in 2016 due to discrepancies and a past liquor violation. See L16031851. However, local Spillman files indicate that he last was granted a license in 2018 when he opened a second location of La Mexicana in the restaurant space of Borders Hotel, on Ramada Road. That license is/was #62723. It lapsed when the second location was closed. Since Lt Vitera had performed several previous investigations, I only concentrated on the time frame since 2018. I found only one new/additional violation or item of concern for Adolfo Flores. In 2020 he was cited for accumulation of litter on one of the rental properties that he owns. The proposed manager for this latest application is Paz Casillas. She and Adolfo are currently in a relationship as well. I found no convictions or any items of concern in local Spillman files, or State NCJIS files. I noted that while there have been calls dispatched to the La Mexicana property, none of the calls involved Flores or Casillas personally, and were either for other employees or patrons. I checked a paid, law enforcement only database for both Flores and Casillas. This site generally covers personal information and items of civil nature such as bankruptcies, liens or pending and current judgements. I noted that neither party had any detrimental entries. NSP Investigator Suchsland and I met with Adolfo Flores at La Mexicana on 7-13-23. Adolfo said his application covers both the restaurant and market on the property. Flores said he plans to offer beer and margaritas in the restaurant, with off sale/carry out available in the market. Flores said he has been in business, with the restaurant, market and tortilla factory all bearing the La Mexicana name, for about 30 years. Suchsland covered Commission related concerns. I stressed cooperation with GIPD, and we discussed possible scenarios or violations. Flores said he is installing gates to fully enclose the patio area located between the restaurant and market, and advised that his employees will only sell to customers after checking ID's. He reiterated that the restaurant will not sell "off sale" and the market will not sell "on sale", even though this license would technically allow both at each location. Flores also noted that his previous liquor related violation, for procuring to a minor from 2005, was "set aside" in 2018. The Grand Island Police Department does not object to La Mexicana LLC, Adolfo Flores owner, being granted at Class C Liquor License for La Mexicana Restaurant and Market. And, GIPD has no objections to Paz Casillas being the Liquor Manager Page 142 of 295 Officer Report for Incident L23070992 Page 5 of 6 07/19/23 for that licensing. Page 143 of 295 Liquor License Application:Class “C”: La Mexicana ! ! ! ! !! !! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ^_Locust St SDivision S t EEl m St N8th St W O a k St N Plum St N 6th St E1st St W Pine St SSycamore St SWh e eler A ve N 1st St ECle b urn St N C e d ar St N 4th St E5th St ESouth Front St ESouth Front St W North Front St E9th St W 3rd St E2nd St W3rd St W 2nd St E7th St E7th St W 6th St W 4th St W5th St W 8th St ENorth Front St W Ki m b all A v e N Ki m b all A v e S Pin e St N Vin e St N L o c u st St N Waln ut St N S y c a m ore St N Court St E 111 4TH ST E ¯ Legend ^_111 4TH ST E !Licensed Locations Road Centerlines1 inch = 400 feet Page 144 of 295 R E S O L U T I O N 2023-176 WHEREAS, an application was filed by LAMEXICANA, Inc. dba La Mexicana, 111 East 4th Street has submitted an application for a Class “C” Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on July 15, 2023; such publication cost being $14.40; and WHEREAS, a public hearing was held on July 25, 2023 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____ The City of Grand Island hereby recommends approval of Paz Casillas, 609 Stuhr Road, Grand Island, Nebraska for Liquor Manager Designation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 145 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 9.b. Subject: Public Hearing on Redevelopment Plan Amendment CRA Area 2- Lots 3-8, Block 1, Lots 6-11, Block 2 and Lots 1-3, Block 3 of Knott Subdivision in Hall County, NE located south of Husker Highway and west of Locust Street in Grand Island – GARK Homes SHV 3V, LLC #2023-177 - Approving Redevelopment Plan Amendment CRA Area 2- Lots 3-8, Block 1, Lots 6-11, Block 2 and Lots 1-3, Block 3 of Knott Subdivision in Hall County, NE located south of Husker Highway and west of Locust Street in Grand Island – GARK Homes SHV 3V, LLC Staff Contact: Chad Nabity BACKGROUND: GARK Homes SHV 3V, LLC is proposing to develop property south of Husker Highway and west of Locust Street for residential uses. They are proposing 86 units of housing. The property is zoned R3 Medium Density Residential Zone. The property was platted in 1965 by the Knott family and was never fully developed. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on June 14, 2023 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on July 5, 2023. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on July 5, 2023. The Planning Commission approved Resolution 2023-11 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 438 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Page 146 of 295 DISCUSSION: Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #2 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for the acquisition of the property as well as the site work, grading, streets, utilities, and trails. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bonds for this project will be issued for a period of 15 years with no property included within bond payments for more than 15 years as determined by the contract. The total proposed bonded amount for this project will be $2,375,828. FISCAL IMPACT: This will defer property taxes on the improvements to the property for a period of 15 years for all entities, including the City, that receive property taxes. The additional taxes will be used to support the development of this property. ALTERNATIVES: 1. Move to approve the resolution 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue RECOMMENDATION: The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 02 Redevelopment Plan Amendment Area 2 Knot Sub 2. 02b Knott Arlene Lake TIF Application 3. 02b1 KNOTT ARLENE LAKE DEVELOPMENT PLANS 5-4-23 4. 03 School Letter Knott 5. 04 Res 436 6. 05 Res 437 7. 06 Resolution 2023-11 8. 07 RES 438 9. Resolution Page 147 of 295 Page 148 of 295 Redevelopment Plan Amendment Grand Island CRA Area 2 May 2023 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 2 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 2. Executive Summary: Project Description THE REDEVELOPMENT APPROXIMATELY 7.4 ACRES OF PROPERTY LOCATED SOUTH OF LAKE STREET AND WEST OF LOCUST STEET SOUTHEAST GRAND ISLAND FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH UP TO 86 UNITS OF HOUSING IN 15 BUILDINGS. The use of Tax Increment Financing to aid in redevelopment expenses associated with installing the necessary infrastructure (streets, sanitary sewer, water, and storm sewer) for the development the property for housing. The Knot Subdivision was approved by the City of Grand Island in January of 1965. Since that time and until recently the property was owned by Lyle and Arlene Knott and their family. Improvements including paving the streets, storm sewer and extending sewer and water throughout the property were not completed and most of the subdivision has remained undeveloped. The property was recently purchased by GARK Homes SHV 3V, LLC. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project affordable. The 2020 Housing Study for the City of Grand Island identified a need of 1361 new rental and owner occupied housing units by 2024. GARK Homes SHV 3V, LLC purchased this property from the Knott family with the intent to develop the property for residential purposes. The property is zoned R3 Medium Density Residential and would allow 1 dwelling unit per 3000 square feet of lot area. Most of these lots are between 16,000 and 23,000 square feet. This property has been vacant since it was platted. This project will also include paving Lake Street, Knott Avenue and Arlene Avenue, storm sewer connections to the existing storm sewer in Locust Street, as well as extending sewer and water as needed and to the end of Knott Avenue. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the construction of units. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over multiple 15 year periods beginning January 1, 2025 towards the allowable costs and associated financing for the development of this property. TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Page 149 of 295 Legal Descriptions: Lots 3-8, Block 1, Lots 6-11, Block 2 and Lots 1-3, Block 3 of Knott Subdivision in Hall County, NE (PID 400054094, 400054108, 400054116, 400054124, 400054132, 400054140, 400054213, 400054221, 400054248, 400054256, 400054264, 400054272, 400054280, 400054299, 400054302) Existing Land Use and Subject Property Page 150 of 295 The tax increment will be captured for the tax years the payments for which become delinquent in years 2025 through 2045 inclusive. The TIF contract will be structured so it can be amended each year for up to six years to add the housing units to be completed during that year. No single property will be eligible for TIF for a period of more than 15 years. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from development of the property for residential and commercial uses as previously described. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract or any amendment to the redevelopment contract, consistent with this Redevelopment Plan. The plan anticipates that each phase of the development will constitute new effective date for the purposes of determining the period of fifteen years. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: Page 151 of 295 The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on September 13, 1999.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to pay for necessary infrastructure include sewer, water, drainage and streets to prepare the property for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on July 05, 2023 and passed Resolution 2023-11 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. The Grand Island Public School District has submitted a formal request to the Grand Island CRA to notify the District any time a TIF project involving a housing subdivision and/or apartment complex is proposed within the District. The school district was notified of this plan amendment prior to it being submitted to the CRA for initial consideration. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: This Redevelopment Plan for Area 2 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for highway commercial development which would include residential uses at a density of up to 42 units per acre. This property is in private ownership and is zoned for medium density residential uses. [§18-2103(b) Page 152 of 295 and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] City of Grand Island Future Land Use Map Page 153 of 295 e. Site Coverage and Intensity of Use The R3 zoning district allows for one dwelling unit per 3000 square feet of lot space with a 6000 square foot minimum lot size. The development as proposed will have a residential density of less than 12 units per acre. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sanitary sewer and water are available to support this development. Both sanitary sewer and water will need to be extended throughout the site. TIF revenues will be used to offset the cost of these public utility improvements. Electric utilities are sufficient for the proposed use of this property. Electric lines, transformers, and conduit will need to be extended throughout the property. No other publicly owned utilities would be impacted by the development. §18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. [§18-2103.02] This property is vacant and has no residential structures. 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The purchase price of the property is $200,000 as an eligible expense. Grading and site preparation is expected to cost $168,500. The estimated costs of utilities including sewer, water and electric is $691,515. Streets (public and private) and drainage are estimated at $990,813. Planning activities including engineering, architecture, legal fees and government fees are estimated at $325,000. The total of the eligible expenses for this project is estimated by the developer at $2,375,828. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $2,375,828 from the proceeds of the TIF. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. Page 154 of 295 TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2025 through December 2046. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This will accomplish the goal of increasing the number of residential units within the City of Grand Island and encouraging infill development. 8. Time Frame for Development Development of this project is anticipated to begin in the 2023 year. The build out of the subdivision is planned in three phases between 2024 and 2028. It is anticipated that the units in this development will be fully built out by 2030 with the tax increment on those homes extending to 2046. Excess valuation should be available for the first homes built with this project for 15 years beginning with the 2024 tax year. 9. Justification of Project The 2020 housing study for the City of Grand Island projected that by 2024 we would need an additional 1361 new housing units. There should be 902 non-age restricted units with 518 owner occupied and with 384 rental units. There should be 459 age restricted unit 459 with 222 as 55+ owner occupied and with 237 as 55+ rental units. Between January 1 of 2020 and December of 2022 the city issued permits for 680 new housing units including both restricted and unrestricted units leaving a need for 673 additional Page 155 of 295 units by 2024. The current housing market, a combination of the cost of producing housing and the prevailing wages, has not created a situation that gives the markets sufficient incentive to build the number housing units required to meet community needs. This lack of housing options impacts a variety of other areas within the community including work force development, overcrowding, and maintenance of residential units. This project will create new housing options for all citizens and potential citizens of Grand Island and will likely result in the sale of existing homes around the city. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2019), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $2,375,828 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $11,479,256 in private sector financing and investment; a private investment of $4.83 for every TIF dollar invested. Use of Funds Source of funds Description TIF Funds Private Funds Total Acquisition $200,000 $200,000 Building Costs $11,340,444 $11,340,444 Utilities $691,515 $691,515 Public Streets/Sidewalk $523,516 $523,516 Private Streets $85,796 $85,796 Storm Sewer $381,501 $381,501 Grading/Dirt work $168,500 $168,500 Planning (Arch. & Eng.)$300,000 $300,000 Financing fees/ audit $138,812 $138,812 Legal/ TIF contract $25,000 $25,000 Total $2,375,828 $11,479,256 $13,255,084 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2024 valuation of approximately $200,000. Based on the 2022 levy this would result in a real property tax of approximately $4,232. It is anticipated that the assessed value will increase by $11,140,444 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $235,757 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for the period of the bonds, but would be used for eligible private redevelopment costs to enable this project to be realized. Page 156 of 295 Estimated 2024 assessed value: $ 200,000 Estimated value after completion $ 11,340,444 Increment value $ 11,140,444 Annual TIF generated (estimated) $ 235,757 TIF bond issue $ 2,375,828 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $200,000. The proposed redevelopment will create additional valuation of $11,140,444 over the course of the next six years. The project creates additional valuation that will support taxing entities long after the project is paid off along with providing up to 85 additional housing units. The tax shift from this project will be equal to the total of the bond principal of $2,375,828 if fully funded and any associated interest on the bond to be assigned with contract approval. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; Existing water and waste water facilities will not be negatively impacted by this development. The electric utility has sufficient capacity to support the development. This is infill development with services connecting to existing line with capacity. This development will result in a larger number of students for Grand Island Public Schools. Fire and police protection are available and should not be negatively impacted by this development though there will be some increased need for officers and fire fighters as the City continues to grow whether from this project or others. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional housing options for the residents of Grand Island. The National Homebuilders Association estimates that each unit of multifamily housing results in an FTE of 1.16 job. An average of 28 apartments would produce about 32.5 FTE’s per year for the next 3 years. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers different from any other expanding business within the Grand Island area. Grand Island does have tight labor market and part of that is due to the availability and cost of housing. This development may help alleviate some of those pressures. Page 157 of 295 (e) Impacts on student populations of school districts within the City or Village: This development will have an impact on the Grand Island School system and will likely result in additional students at the elementary and secondary school levels. The average number of persons per household in Grand Island for 2017 to 2021 according the American Community Survey is 2.57. According current census numbers 20.2% of the population of Grand Island was between the ages of 5 and 18. If the averages hold it would be expected that 218 people would be housed at this location and there would be a maximum of 44 school age children generated by this development. If this develops at a rate of 28 units per year for 3 years approximately 15 children could be added to the school age population every year with this development. These 15 children will likely be spread over the full school age population from elementary to secondary school. According to the National Center for Educational Statistics1 the 2019-20 enrollment for GIPS was 10,070 students and the cost per student in 2017-18 was $12,351 of that $4,653 is generated locally. This is likely to be mitigated based on the size and configuration of these units that will make them less attractive to families with children. The Grand Island Public School System was notified on May 12, 2023 that the CRA would be considering this application at their June 14, 2023 meeting. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project is consistent the goals of the 2020 Housing Study for the City of Grand Island to create more than 1361 new housing units. Between January of 2020 and December of 2022 the City of Grand Island has issue permits for 688 housing units. The local housing market is not capable of producing the number of units needed at market rate given the costs of building and development. Time Frame for Development Development of this project is anticipated to be completed between summer of 2023 and the end of 2028. The base tax year should be calculated on the value of the property as of January 1, 2024 for the first phase with each phase based on the preceding year’s valuation of the property included in the amendment for that year. Excess valuation should be available for this project beginning in 2024 with taxes due in 2025. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years on each property or an amount not to exceed a base amount of $2,375,828 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $2,375,828 on TIF eligible activities. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Page 158 of 295 Form Updated 7-25-2019cn Page | 1 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: ______________________________________________________________ Address: _______________________________________________________________ Telephone No.: __________________________ Fax No.: _______________ Email: _________________________________________________________ Contact: _______________________________________________________________ Application Submission Date: Brief Description of Applicant’s Business:__ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________ Legal Description/Address of Proposed Project Community Redevelopment Area Number ________ Page 159 of 295 Form Updated 7-25-2019cn Page | 2 Present Ownership Proposed Project Site: ________________________________________________________________ _____________________________________ Is purchase of the site contingent on Tax Increment Financing Approval? Yes No Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________ If Property is to be Subdivided, Show Division Planned: VI. Estimated Project Costs: Acquisition Costs: A. Land $ ______________ B. Building $ ______________ Construction Costs: A. Renovation or Building Costs: $ ______________ B. On-Site Improvements: Sewer $ ______________ Water $ ______________ Electric $ ______________ Gas $ ______________ Public Streets/Sidewalks $ ______________ Page 160 of 295 Form Updated 7-25-2019cn Page | 3 Private Streets $ ______________ Trails $ ______________ Grading/Dirtwork/Fill $ ______________ Demolition $ ______________ Other $ ______________ Total $ ______________ Soft Costs: A. Architectural & Engineering Fees: $ ______________ B. Financing Fees: $ ______________ C. Legal $ ______________ D. Developer Fees: $ ______________ E. Audit Fees $ ______________ F. Contingency Reserves: $ ______________ G. Other (Please Specify) $ ______________ TOTAL $ ______________ Total Estimated Market Value at Completion: $ Source for Estimated Market Value________________________________________ Source of Financing: A. Developer Equity: $ ______________ B. Commercial Bank Loan: $ ______________ C. Tax Credits: 1. N.I.F.A. $ ______________ 2. Historic Tax Credits $ ______________ 3. New Market Tax Credits $ ______________ 4. Opportunity Zone $ ______________ D. Industrial Revenue Bonds: $ ______________ E. Tax Increment Assistance: $ ______________ F. Enhanced Employment Area $ ______________ Page 161 of 295 Form Updated 7-25-2019cn Page | 4 G. Nebraska Housing Trust Fund $ ______________ H. Other $ ______________ Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Project Construction Schedule: Construction Start Date: _________________________________________________ Construction Completion Date: ___________________________________________ If Phased Project: _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete Page 162 of 295 Form Updated 7-25-2019cn Page | 5 XII. Please Attach Construction Pro Forma XIII. Please Attach Annual Income & Expense Pro Forma (With Appropriate Schedules) TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ______________________________________________________________ Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: ______________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________ Page 163 of 295 Form Updated 7-25-2019cn Page | 6 Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________ Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Page 164 of 295 EB112233455664LAKE DEVELOPMENTSANITARY SEWERPUBLIC WORKS PLANKNOTT ARLENEPage 165 of 295 EB12123344556677LAKE DEVELOPMENTWATER MAINPUBLIC WORKS PLANKNOTT ARLENEPage 166 of 295 EBLAKE DEVELOPMENTBCDEDHILKMMNNOPABCEJGHIJKLOPQQRRSSTTUUVVWWXXYZZYAAAABBBBCCCCDDDDEEFFGGEEFFGGSTORM SEWER/PAVINGPUBLIC WORKS PLANA*******GFKNOTT ARLENEFPage 167 of 295 COPYRIGHT © 2018All rights reserved. All information contained herein isproperty of Erickson Sullivan Architects. No part ofthese drawings may be reproduced in any form or byany means without prior written permission ofErickson Sullivan Architects. Note: Original drawing format is 11" x 17".Any other sheet size will affect drawing scale. CONSULTANTS: DATE: KNOTT ARLENELAKE HOUSING PROJECT: 16023 PRELIMINARYDESIGN 03/24/23 SITE PLAN A100 Page 168 of 295 UP FIRSTSECOND GARAGE 2 BED 2 BATH (1051 SF) FIRSTSECOND GARAGE 1 BED 1 BATH (697 SF) LIVINGROOM KITCHEN BATHROOM BEDROOM OPEN TO BELOW PATIO PRIMARY BEDROOM KITCHEN LIVING W/D BEDROOM BATHROOM PATIO FIRST SECOND GARAGE 3 BED 2 BATH (1161 SF) PRIMARY BEDROOM KITCHEN LIVING BEDROOM PATIO BEDROOM TV BELOW R DINING TV DINING R R DINING TV PRIMARY BATHROOM PRMIARY BATHROOM BATHROOM W/D D.N. D.N.D.N. W/D W/D COPYRIGHT © 2018All rights reserved. All information contained herein isproperty of Erickson Sullivan Architects. No part ofthese drawings may be reproduced in any form or byany means without prior written permission ofErickson Sullivan Architects. Note: Original drawing format is 11" x 17".Any other sheet size will affect drawing scale. CONSULTANTS: DATE: KNOTT ARLENELAKE HOUSING PROJECT: 16023 PRELIMINARYDESIGN 04/5/23 FLOORPLANS A101 1" = 10'-0"1CONFIGURATION 1 Page 169 of 295 GARAGE KITCHEN LIVINGTV DINING R KITCHEN LIVINGTV DINING R KITCHEN LIVINGTV DINING R GARAGE GARAGE GARAGE KITCHEN LIVING R DINING TV GARAGE KITCHEN LIVING R DINING TV COPYRIGHT © 2018All rights reserved. All information contained herein isproperty of Erickson Sullivan Architects. No part ofthese drawings may be reproduced in any form or byany means without prior written permission ofErickson Sullivan Architects. Note: Original drawing format is 11" x 17".Any other sheet size will affect drawing scale. CONSULTANTS: DATE: KNOTT ARLENELAKE HOUSING PROJECT: 16023 PRELIMINARYDESIGN 4/4/23 TYPICAL 5 UNIT A102 1/8" = 1'-0"1Typical 5 Unit Page 170 of 295 COPYRIGHT © 2018All rights reserved. All information contained herein isproperty of Erickson Sullivan Architects. No part ofthese drawings may be reproduced in any form or byany means without prior written permission ofErickson Sullivan Architects. Note: Original drawing format is 11" x 17".Any other sheet size will affect drawing scale. CONSULTANTS: DATE: KNOTT ARLENELAKE HOUSING PROJECT: 16023 PRELIMINARYDESIGN 04/5/23 ELEVATIONS A103 1/8" = 1'-0"1Front Facade 1 1/8" = 1'-0"2Back Facade Page 171 of 295 COPYRIGHT © 2018All rights reserved. All information contained herein isproperty of Erickson Sullivan Architects. No part ofthese drawings may be reproduced in any form or byany means without prior written permission ofErickson Sullivan Architects. Note: Original drawing format is 11" x 17".Any other sheet size will affect drawing scale. CONSULTANTS: DATE: KNOTT ARLENELAKE HOUSING PROJECT: 16023 PRELIMINARYDESIGN 04/5/23 ELEVATIONS 2 A104 1/8" = 1'-0"1Side 1 1/8" = 1'-0"2Side 2 Page 172 of 295 COPYRIGHT © 2018All rights reserved. All information contained herein isproperty of Erickson Sullivan Architects. No part ofthese drawings may be reproduced in any form or byany means without prior written permission ofErickson Sullivan Architects. Note: Original drawing format is 11" x 17".Any other sheet size will affect drawing scale. CONSULTANTS: DATE: KNOTT ARLENELAKE HOUSING PROJECT: 16023 PRELIMINARYDESIGN 04/4/23 PERSPECTIVE A105 1Front Perspective Page 173 of 295 Page 174 of 295 Page 175 of 295 Page 176 of 295 Page 177 of 295 Page 178 of 295 Page 179 of 295 Page 180 of 295 Page 181 of 295 Page 182 of 295 R E S O L U T I O N 2023-177 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 2 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared an Amended Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Amended Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Amended Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Amended Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Amended Redevelopment Plan and as authorized in the Amended Redevelopment Plan, such project to be as follows: to redevelop property for residential purposes including necessary costs for acquisition, streets, site work/grading, utilities and trails along with eligible planning expenses and fees associated with the redevelopment project and that such project would not be economically feasible without such aid as is proposed within the Amended Redevelopment Plan. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Page 183 of 295 1. The Amended Redevelopment Plan of the City approved for Redevelopment Area No. 2 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2. Approval of the Amended Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Amended Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c. The CRA is authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Page 184 of 295 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 185 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 9.c. Subject: Public Hearing – Zoning Text Amendment - Grand Island Concerning proposed amendments to 36-68 B-2 General Business Zone regarding the maximum height allowable. #9935 - Consideration of Approving Zoning Text Amendment - Grand Island Concerning proposed amendments to 36-68 B-2 General Business Zone regarding the maximum height allowable. Staff Contact: Chad Nabity BACKGROUND: The maximum height of a building in the B2 General Business zone is limited to 55 feet. The entire Fonner Park campus is zone B2. The proposed casino and hotel is expected to be at least 110 feet in height. To accommodate the development of the casino and hotel staff is recommending that we open up the height limitation by allowing heights of more than 55 feet in the B2 zone with a correspondingly greater set back from the property lines. This would in essence allow taller buildings if the structure is on a large property and moved back from the minimum set back. The maximum height in the RO Residential Office zone is 160 feet and that would be the maximum allowed in the B2 zone. DISCUSSION: The proposed changes to 36-68 would allow buildings in the B2 zone to exceed the maximum current maximum height of 55 feet if the buildings are set back from any property line and required setback a distance of four feet for every foot height above 55 feet. This is being done specifically to accommodate the proposed casino building, parking garage and hotel at Fonner Park. The changes as proposed would apply to any B2 zoned lot and would allow similar development anywhere in the B2 zone based upon lot size and increased setbacks. The proposed changes to all sections of the code are attached. Additions to the code are identified as underlined italics print and deletions are shown as strikethrough print. 36-68 (B-2) General Business Zone Intent. The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors Page 186 of 295 of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. A. Permitted Principal Uses. The following principal uses are permitted in the (B-2) General Business Zoning District. 1. Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] 2. Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto] 3. Agencies as found in the Zoning Matrix [Attachment A hereto] 4. Dwelling units 5. Board and lodging houses, fraternity and sorority houses 6. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises 7. Public parks and recreational areas 8. Country clubs 9. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level 10. Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college 11. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature 12. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties 13. Public and quasi-public buildings for cultural use 14. Railway right-of-way but not including railway yards or facilities 15. Nonprofit community buildings and social welfare establishments 16. Hospitals, nursing homes, convalescent or rest homes 17. Radio and television stations (no antennae), private clubs and meeting halls 18. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar use 19. Preschools, nursery schools, day care centers, children's homes, and similar facilities 20. Group Care Home with less than eight (8) individuals 21. Elderly Home, Assisted Living 22. Stores and shops for the conduct of wholesale business, including sale of used merchandise 23. Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. Page 187 of 295 24. Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking) 25. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is used 26. Parking Lots 27. Other uses as indicated in the Zoning Matrix [Attachment A hereto] B. Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-2) General Business Zoning District as approved by City Council. 1. Recycling business 2. Towers 3. Other uses as indicated in the Zoning Matrix [Attachment A hereto] C. Permitted Accessory Uses. 1. Building and uses accessory to the permitted principal use. D. Space Limitations. Uses Minimum Setbacks A B C D E Minimu m Parcel Area (feet) Minimu m Lot Width (feet) Fro nt Yar d (fee t) Rea r Yar d (fee t) Sid e Yar d (fee t) Stre et Side Yard (feet ) Maxim um Ground Covera ge Maximu m Buildin g Height (feet) Permitted Uses 3,000 30 10 01 02 10 100% 553 Conditional Uses 3,000 30 10 01 02 10 100% 553 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. 3 Maximum building height may be increased by 1 foot for every 4 feet of additional set back from the required minimum setbacks for a maximum building height of 160 feet. For example, 40 feet of additional setback from the required minimum setbacks would result in a maximum building height of 65 feet. E. Miscellaneous Provisions. 1. Supplementary regulations shall be complied with as defined herein. 2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. Page 188 of 295 From the July 5, 2023 Regional Planning Commission Meeting Minutes: O’Neill opened the public hearing. Nabity stated this is being done specifically to accommodate the proposed casino building, parking garage and hotel at Fonner Park. The proposed changes to 36-68 would allow buildings in the B2 zone to exceed the maximum height of 55 feet if the buildings are set back from any property line and require a setback a distance of four feet for every foot height above 55 feet. O’Neill closed the public hearing. A motion was made by Nelson and second by Randone to approve the Zoning Text Amendment. The motion carried with seven members voting in favor (O’Neill, Nelson, Robb, Monter, Rainforth, Goplin, Hendricksen, and Randone) and no members abstaining or voting no (Allan, Ruge, Stevenson, and Doane were absent). FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: RECOMMENDATION: 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 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 189 of 295 1 ORDINANCE NO. 9935 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-68 B-2 General Business Zone; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-68 B-2 General Business Zone, of Grand Island City Code are hereby amended to read as follows: 36-68 (B-2) General Business Zone Intent. The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. A.Permitted Principal Uses. The following principal uses are permitted in the (B-2) General Business Zoning District. 1. Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] 2. Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto] 3. Agencies as found in the Zoning Matrix [Attachment A hereto] 4. Dwelling units 5. Board and lodging houses, fraternity and sorority houses 6. Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises 7. Public parks and recreational areas 8. Country clubs 9. Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level 10. Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college 11. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature 12. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a Page 190 of 295 ORDINANCE NO. 9935 (Cont.) 2 landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties 13. Public and quasi-public buildings for cultural use 14. Railway right-of-way but not including railway yards or facilities 15. Nonprofit community buildings and social welfare establishments 16. Hospitals, nursing homes, convalescent or rest homes 17. Radio and television stations (no antennae), private clubs and meeting halls 18. Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar use 19. Preschools, nursery schools, day care centers, children's homes, and similar facilities 20. Group Care Home with less than eight (8) individuals 21. Elderly Home, Assisted Living 22. Stores and shops for the conduct of wholesale business, including sale of used merchandise 23. Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. 24. Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking) 25. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is used 26. Parking Lots 27. Other uses as indicated in the Zoning Matrix [Attachment A hereto] B.Conditional Uses. The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B- 2) General Business Zoning District as approved by City Council. 1. Recycling business 2. Towers 3. Other uses as indicated in the Zoning Matrix [Attachment A hereto] C.Permitted Accessory Uses. 1. Building and uses accessory to the permitted principal use. D.Space Limitations. Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted 3,000 30 10 01 02 10 100%553 Page 191 of 295 ORDINANCE NO. 9935 (Cont.) 3 Uses Conditional Uses 3,000 30 10 01 02 10 100%553 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. 3 Maximum building height may be increased by 1 foot for every 4 feet of additional set back from the required minimum setbacks for a maximum building height of 160 feet. For example, 40 feet of additional setback from the required minimum setbacks would result in a maximum building height of 65 feet. E.Miscellaneous Provisions. 1. Supplementary regulations shall be complied with as defined herein. 2. Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. SECTION 2. Section 36-68 B-2 General Business Zone as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: July 25, 2023 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 192 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 9.d. Subject: Public Hearing to consider a change of zoning for property located north of Wildwood Drive and east of U.S. Highway 281 ( Part of the E ½ of the NE ¼ and part of the E ½ of the SE ¼ of Section 1, Township 10 north, Range 10 west of the 6th P.M.) from TA Transitional Agriculture with a GCO Gateway Corridor Zone Overlay to B2-General Business with a GCO Gateway Corridor Zone Overlay #9936 - Consideration of Approving change of zoning for property located north of Wildwood Drive and east of U.S. Highway 281 ( Part of the E ½ of the NE ¼ and part of the E ½ of the SE ¼ of Section 1, Township 10 north, Range 10 west of the 6th P.M.) from TA Transitional Agriculture with a GCO Gateway Corridor Zone Overlay to B2-General Business with a GCO Gateway Corridor Zone Overlay Staff Contact: Chad Nabity BACKGROUND: Wildwood Business Park LLC., the owner of property north of Wildwood Drive and west of U.S. Highway 281 is requesting that the zoning on property be changed on this property from TA Transitional Agriculture in a GCO Gateway Corridor Zone to B2 General Business Zone in a Gateway Corridor Zone. They are proposing to develop 18 large commercial lots on this 90 acre tract. DISCUSSION: At the regular meeting of the Regional Planning Commission, held March 1, 2023 the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity stated this application is requesting a rezoning of approximately 90 acres of land north of Wildwood Drive and west of U.S. Highway 281 from TA: Transitional Agriculture Zone to B2: General Business Zone. Interstate 80. Roger Bullington was available for questions. Page 193 of 295 O’Neill closed the public hearing. A motion was made by Hendricksen and second by Rainforth to approve the rezoning for property located north of Wildwood Drive and east of U.S. Highway 281. The motion carried with nine members voting in favor (O’Neill, Nelson, Allan, Robb, Monter, Rainforth, Goplin, Hendricksen, and Randone) and no members abstaining or voting no (Ruge, Stevenson, and Doane were absent). The memo sent to the planning commission with staff recommendation is attached for review by Council. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: 1. Approve the rezoning request as presented 2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue 4. Deny the application RECOMMENDATION: 1. Approve the rezoning request as presented 2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue 4. Deny the application SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 06a Wildwood Business Park Rezoning_Directors Rec 2. Application 3. Ordinance Page 194 of 295 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: June 27, 2023 SUBJECT:Zoning Change (C-32-23GI) PROPOSAL:This application is requesting a rezoning of approximately 90 acres of land north of Wildwood Drive and west of U.S. Highway 281. This is property located on the corner of U.S. Highway 281 and Wildwood Drive TA Transitional Agriculture Zone. The property is located within the zoning jurisdiction of the Grand Island City and a plat has been submitted that would add this property to the Grand Island municipal limits. OVERVIEW: Site Analysis Current zoning designation:TA: Transitional Agriculture Zone Intent of zoning district TA: The intent of this zoning district is to provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings as well as other open space and recreational activities. The intent of the zoning district also would allow the limited raising livestock within certain density requirements. Permitted and conditional uses:TA: Agricultural uses, recreational uses and residential uses at a density at a density of 1 unit per 20 acres. Limited animal agriculture Existing land uses. Undeveloped property, farm ground Proposed Zoning Designation B2- General Business Zone Intent of zoning district:B-2: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. Permitted and conditional uses: Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. Page 195 of 295 Adjacent Properties Analysis Current zoning designations:North: TA-Transitional Agriculture Zone, South: B-2 General Business Zone East: ME- Industrial Estates Zone, CD Commercial Development Zone West: TA-Transitional Agriculture Zone, Intent of zoning district:B-2: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. CD: The intent of this zoning district is to permit a more flexible regulation of land use so as to more fully implement comprehensive planning for large parcels of land proposed for commercial use. ME: The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. TA: The intent of this zoning district is to provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings as well as other open space and recreational activities. The intent of the zoning district also would allow the limited raising livestock within certain density requirements. Permitted and conditional uses:B2: Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. CD: Commercial, office and retail uses as permitted and built according to the approve development plan. R4 Residential uses up to a density of 43 units per acre, along with a variety of non-profit, recreational and educational uses. ME: Industrial Manufacturing, Administrative offices, Trade schools, Gravel, sand or dirt removal, stockpiling, Page 196 of 295 processing or distribution and batching plant, Bus Garaging and Equipment Maintenance. TA: Agricultural uses, recreational uses and residential uses at a density at a density of 1 unit per 20 acres. Limited animal agriculture Existing land uses:North: Vacant Land small lake with flowage easements South: Commercial East: Manufacturing, Commercial & not for profit West: Agriculture EVALUATION: All of this property is within the Gateway Corridor Overlay Zone-GCO. The intent of the GCO zone is to provide quality development appropriate to the entrances of the community from Interstate 80. The Positive Implications: •Consistent with the City of Grand Island’s current zoning regulations. •Consistent with the existing zoning and uses of the property south of this site and the lake to the north provides a natural buffer. •Accessible to Existing Municipal Infrastructure: City water and sewer services is available to serve the rezoning area. •Would provide additional jobs to the workforce. •Consistent with the Future Land Use Plan and the GCO Gateway Corridor Overlay. •Consistent with the overall goal set by Council to move development toward I-80. •Monetary Benefit to Applicant: Would allow the applicant to develop the property for Industrial uses. •Negative Implications: •Increased Traffic: Will likely increase traffic at the intersection of Wildwood and 281. This intersection has been signalized. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from TA: Transitional Agriculture Zone to B2: General Business Zone. ___________________ Chad Nabity AICP, Planning Director Page 197 of 295 Page 198 of 295 Page 199 of 295 Page 200 of 295 1 ORDINANCE NO. 9936 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of the east half of the northeast quarter section (E ½ NE ¼) and part of the east half of the southeast quarter section (E ½ SE ¼) of Section One (1), Township Ten (10) North, Range Ten (10) west of the 6th PM in Hall County, Nebraska located north of Wildwood Drive and west of U.S. Highway 281 from TA Transitional Agriculture with a GCO Gateway Corridor Overlay to B2 General Business with a GCO Gateway Corridor Overlay as more particularly described below, and directing that such zoning changes and classifications be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on July 5, 2023, held a public hearing and made a recommendation to the Grand Island City Council on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, on July 25, 2023, the City Council held a public hearing on the proposed zoning of such area and all persons who desired to speak were heard and any comments were made a part of the record. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City Council makes the following findings with regards to the proposed zoning changes: Page 201 of 295 ORDINANCE NO. 9936 (Cont.) - 2 - A. The proposed change to the zoning from TA Transitional Agriculture with a GCO Gateway Corridor Overlay to B2 General Business with a GCO Gateway Corridor Overlay is generally consistent with the Future Land Use Map of the City of Grand Island. B. The proposed change to the zoning from TA Transitional Agriculture with a GCO Gateway Corridor Overlay to B2 General Business with a GCO Gateway Corridor Overlay is consistent with planned and existing uses in the area. SECTION 2. The following tract of land is hereby rezoned and reclassified and changed from TA Transitional Agriculture with a GCO Gateway Corridor Overlay to B2 General Business with a GCO Gateway Corridor Overlay A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE NORTHEAST QUARTER (E1/2, NE1/4) AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1-T10N-R10W; THENCE ON AN ASSUMED BEARING OF S87°51'49"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 903.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S87°51'49"W, ALONG SAID SOUTH LINE, A DISTANCE OF 458.69 FEET TO THE SOUTHWEST CORNER, E1/2, SE 1/4, SECTION 1-T10N-R10W; THENCE N00°22'44"E, ALONG THE WEST LINE OF THE E1/2, SE1/4, A DISTANCE OF 2650.87 FEET TO THE SOUTHWEST CORNER, E1/2, NE 1/4, SECTION 1-T10N-R10W; THENCE N00°24'20"E, ALONG THE WEST LINE OF THE E1/2, NE1/4 A DISTANCE OF 939.48 FEET; THENCE N87°13'59"E A DISTANCE OF 1178.65 FEET TO THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 281; THENCE S00°54'50"W, ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 963.55 FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4; THENCE CONTINUE S00°54'50"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2281.56 FEET TO THE NORTHEAST CORNER OF LOT 1, STAUFFER SUBDIVISION; THENCE S87°52'19"W, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 685.92 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 STAUFFER SUBDIVISION; THENCE S00°55'44"W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 320.07 FEET; THENCE S00°55'42"W, ALONG THE WEST LINE OF SAID STAUFFER SUBDIVISION, A DISTANCE OF 39.88 FEET TO THE POINT OF Page 202 of 295 ORDINANCE NO. 9936 (Cont.) - 3 - BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 3,927,045.36 SQUARE FEET OR 90.153 ACRES MORE OR LESS OF WHICH 5.626 ACRES ARE ROAD RIGHT-OF-WAY. SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 4. That this ordinance shall be in force and take effect from and after the fifteenth day after its passage and publication in one issue of the Grand Island Independent as provided by law. Enacted: July 25, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 203 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 9.e. Subject: Public Hearing on the One & Six Year Street Improvement Plan #2023-178 - Approving One & Six Year Street Improvement Plan Staff Contact: Keith Kurz BACKGROUND: The One & Six Year Street Improvement Plan consists of the transportation projects in the Capital Improvement Program and is mandatory by State Law as part of the requirements to receive approximately five million dollars of state gas tax funds each year. The Public Works Department develops this program through a process to prioritize street projects taking into consideration many factors such as: • Availability of funds • Condition of the street • Traffic counts • Eligibility for State/Federal funds • Redevelopment patterns • Public/Council input The City engages in a public process to ensure public input into the policy making activity. The proposed One & Six Year Street Improvement Plan is a result of the following steps: • Monday, July 3, 2023- Legal Notice published in The Grand Island Independent • Tuesday, July 11, 2023- Legal Notice published in The Grand Island Independent • Tuesday, July 18, 2023- Legal Notice published in The Grand Island Independent • Tuesday, September 12, 2023- City Council approves One & Six year Street Improvement Plan as part of FY 2024 budget Page 204 of 295 In March of 2019, LB82 became law and reformed the reporting requirements of the 1&6 Street Improvement Plan. This change allowed the City to hold the public hearing on the 1&6 Street Improvement Plan in conjunction with the City’s Annual Budget hearings. DISCUSSION: The projects listed in the One & Six Year Plan for fiscal year 2024 are considered definite projects, and are in the proposed Fiscal Year 2024 budget. Many of the projects listed in the One & Six Year Plan for 2024 through 2029 are included in the City’s budget, but are subject to schedule changes depending upon coordination and approval of State and Federal funding. FISCAL IMPACT: Pending FY24 budget approval. 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 One & Six Year Street Improvement Plan as presented, pending FY24 budget approval. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 1 & 6 PowerPoint 2. Resolution 3. FY 2024 1 & 6 Exhibit "A" Page 205 of 295 PUBLIC WORKS Keith Kurz, PE Interim City Engineer/Public Works Director Capital Projects 2023/2024 Page 206 of 295 2023 Projects 2 Annual Curb Ramp Project No. 2023-CR-1 Webb Rd Paving Assessments Pavement Condition Assessment Five Points Intersection Improvements Old Potash Hwy; North Rd to Webb Rd Highway 30 Realignment Broadwell/UPRR Grade Separation North Rd; 13th St to Hwy 2 North Rd; Old Potash Hwy to 13th St North Rd; Hwy 30 to Old Potash Hwy US Hwy 30 Bridges Custer Ave Rehabilitation Eddy St Underpass Rehabilitation Capital Ave; Moores Creek to North Rd Hwy 2; Cairo to Grand Island Locust St; Koenig St to Fonner Park Rd Claude Rd Extension Veterans Legacy 18th St; Moores Creek to Diers Ave Bond Payment NW Flood Control Project Moores Creek Ext- Water Tower Culverts Moores Creek Det Cell- OPH/North N 80 Wetland Delineation Sidewalk Cost Share Program PVIP Drainage Dist No. 2020-1 Citywide Drainage Circle Dr Drainage Tri St Drainage Brookline Drainage/Henry St Drainage Street/Fleet Facility Page 207 of 295 2023 Capital Improvement Projects Funded by Gas Tax 3Page 208 of 295 PUBLIC WORKS 2023 Capital Improvement Projects Funded by General Fund 4Page 209 of 295 PUBLIC WORKS Summary of Capital Improvement Projects 5Page 210 of 295 6 Proposed Capital Projects for 2023/2024 Annual Curb Ramp Project No. 2024-CR-1 Webb Rd Paving Assessments Five Points Intersection Improvements US Highway 30 Realignment Broadwell/ UPRR Grade Separation North Rd; Old Potash Hwy to Hwy 30 Custer Ave; Old Potash Hwy to Forrest St Locust St; Koenig St to Fonner Park Rd 18th St; Moores Creek to Diers Ave Claude Rd Improvements Stuhr Rd; Dual NB Lefts @ US Hwy 30 Locust St; Hwy 34 to Wood River Diversion Independence Ave; Capital Ave to Manchester Rd/ Macron St State Street Median Improvements Bond Payment N 80 Wetland Delineation Sidewalk Cost Share Program PVIP Drainage District No. 2020-1 Citywide Drainage Tri Street Page 211 of 295 Annual Curb Ramp Project No. 2024-CR-1 $170,000 Required by the Federal American Disabilities Act (ADA) Regulations –installation program follows the previous year’s asphalt program and other priority corridors. Additional locations are added as funds allow. 7Page 212 of 295 Five Points Intersection Improvements $513,940 / $4,102,315 Construction began Spring 2023 Aid in reduction of accidents, reduce vehicle delays, improve the mobility of traveling pedestrians and correct roadway geometric deficiencies Page 213 of 295 US Highway 30 Realignment $1,012,536 / $45,699,000 Letting Fall 2023 Improvements from west of Monitor Rd to the existing 4-lane divided section west of the US-281/N-2/US-30 interchange Page 214 of 295 Page 215 of 295 Broadwell/UPRR Grade Separation $270,000/ $34,210,000 11 Address solutions to vehicle traffic conflicts with railroad crossing Anticipate 10 year process to acquire funds (began FY 2019) Planning and Environmental Linkages (PEL) Study finished City entered into program agreement with NDOT October 2022 (80/20 match) Begin environmental/preliminary engineering FY24 Construction is estimated to begin FY28 Page 216 of 295 12Page 217 of 295 North Road; Highway 30 to Old Potash Highway $20,000/ $1,635,300 13 Improvements from the intersection of Old Potash Highway and North Road to the intersection of Highway 30 and North Road Concrete curb and gutter section with sidewalk, traffic control, drainage and other associated improvements Last section of North Road; Highway 2 to Highway 30 FY24 expense will consist of final restoration work Page 218 of 295 Custer Avenue; Old Potash Hwy to Forrest St $1,100,000/ $4,838,000 Full depth removal of the driving lanes Project will be constructed in 4 phases Phase I- Old Potash Hwy to Faidley Ave (done) Phase II- Faidley Ave to 13th St (done) Phase III- 13th St to State St (underway- anticipated completion August 1, 2023) Phase IV- State St to Forrest St (design started- Construction 2024) 14Page 219 of 295 Locust St; 2nd St to Fonner Park Rd $1,270,000 / $10,761,000 Full depth replacement of roadway with concrete curb and gutter Remedy alignment issues at intersections along corridor Drainage improvements Final Engineering/ROW FY2023 & FY2024 Construction FY 2025/2026 Page 220 of 295 Page 221 of 295 18th St; Moores Creek to Diers Ave $100,000 / $2,100,000 One of the connections to Diers Avenue, as part of the overall Claude Road extension Allows improvements to the Diers Avenue corridor FY24 funds will be for remaining work to complete project Page 222 of 295 Claude Road Improvements $5,713,424 3 project phases State St to 13th St= $2,313,424 State St Roundabout= $1,700,000 13th St Roundabout= $1,700,000 First step to Diers Avenue congestion Future project will control access @ Diers Avenue Concrete curb and gutter section with sidewalk, traffic control, drainage and other associated improvements Page 223 of 295 Page 224 of 295 Stuhr Rd- Dual NB Lefts @ US Hwy 30 $90,000 / $865,000 Aid in traffic flow during shift change at JBS Page 225 of 295 Page 226 of 295 Locust St; US Hwy 34 to Wood River Diversion $900,000 Improvements to roadway Pavement failures due to geotech subgrade issues Page 227 of 295 Independence Ave; Capital Ave to Manchester Rd/Macron St $463,700 / $2,756,700 Street and drainage improvements Widen Independence Avenue by George Park Pave Macron for detour route and Jay Street while in the area Construction slated for FY25 Page 228 of 295 Page 229 of 295 25 State Street Median Improvements $180,000 / $1,980,000 Improvements to aid in traffic flow Access restrictions Construction possibly as soon as FY25 Page 230 of 295 N 80 Wetland Delineation $350,000/ $2,125,000 City owned wetland bank Anticipated this will double as a detention cell to allow additional water storage on the north end of town Improve drainage depths in Moores Creek within the City Continue Engineering/Permitting Currently in USACE public notice period Page 231 of 295 Sidewalk Cost Share Program $25,000 Per Ordinance No. 9764 Repair displaced, broken, and/or ADA deficient sidewalks in the public ROW Construct segments of sidewalk to fill in the network along streets within City limits 7 applications received in FY2023, with $10,789.51 paid out (including engineering services) to date Page 232 of 295 PVIP Drainage District No. 2020-1 $250,000/ $600,000 Design and construction of drainage outlet in the Platte Valley Industrial Park area City portion of a partnership with Hall County, CPNRD & GIAEDC City cost will be recouped by assessment district 28Page 233 of 295 Citywide Drainage $250,000 Use data collected over past years to improve drainage in various areas of the City Develop hydraulic computer models to analyze performance of storm sewers Identify weaknesses or improvements that will increase storm sewer capacity and plan future work Examples in FY23 include Locust St model 7th St & Eddy St area model Stolley Park Rd & Blaine St detention model Small projects may be built if budget allows 29Page 234 of 295 Tri St Drainage Improvements $400,000 / $420,000 Complaints of poor drainage with recent development on Tri St Need proper outlet Pipe to Locust St Allow for paving Tri St Knott development outlet Possible future Rainbow Subdivision overflow Coordinate/share cost with Knott development Construction FY2024 Concrete curb and gutter street 30Page 235 of 295 Page 236 of 295 32 2024 Capital Improvement Projects Funded with Gas Tax Money Page 237 of 295 2024 Capital Improvement Projects Funded by General Fund 33Page 238 of 295 2024 Capital Improvement Budget Summary •$170,000 of capital dollars is mandated (ADA Curb Ramps) •$270,000 of capital dollars is funding Federal Aid projects •$2,039,900 of capital dollars is funding NDOT Safety projects 34Page 239 of 295 2024 Funding Sources- 210 Fund 35Page 240 of 295 36 2024 Future Project Expenses Page 241 of 295 R E S O L U T I O N 2023-178 WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on July 25 2023, on the One and Six Year Street Improvement Plan for the City of Grand Island; and WHEREAS, this Council has determined that the One and Six Year Street Improvement Program as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street Improvement Program 2024-2029, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 242 of 295 CITY OF GRAND ISLAND ONE & SIX YEAR STREET IMPROVEMENT PLAN- EXHIBIT “A”- Project 2024 2025 2026 2027 2028 2029 Annual Handicap Ramp 170,000$ 175,000$ 180,000$ 185,700$ 191,400$ 197,142$ Webb Rd Paving Assessments 80,500$ 80,500$ -$ -$ -$ -$ Hwy 30 Realignment 1,012,536$ 1,012,536$ -$ -$ -$ -$ Broadwell /UPRR Grade Separation 270,000$ 372,000$ -$ 344,000$ 5,856,000$ -$ Locust St; Koenig St to Fonner Park Rd 1,270,000$ 5,000,000$ 5,000,000$ -$ -$ -$ Stuhr Rd- Dual NB lefts @ Hwy 30 90,000$ 775,000$ -$ -$ -$ -$ Independence; Capital to Manchester/Macron 463,700$ 1,543,000$ 750,000$ -$ -$ -$ State St Median Improvements 180,000$ 1,800,000$ -$ -$ -$ -$ Bond Payment 1,763,150$ 1,759,350$ 1,758,450$ 1,760,250$ 1,762,450$ 1,765,500$ N Moores Creek 80 Wetland Detention 350,000$ 1,650,000$ -$ -$ -$ -$ Sidewalk Cost Share Program 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ Citywide Drainage 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ 5,924,886$ 14,442,386$ 7,963,450$ 2,564,950$ 8,084,850$ 2,237,642$ Page 243 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 10.a. Subject: Cigar Bar Discussion Staff Contact: Stacy Nonhof BACKGROUND: At the July 11, 2023 City Council meeting a request was made to the Council to allow cigar bars in the City of Grand Island. Based upon the discussion at that meeting, a draft of changes to City Code was created. DISCUSSION: This matter is not on the agenda for action. This is a matter for discussion only. Based upon Council's discussion a formal Ordinance will be presented at a later meeting. FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Draft Cigar Bar 7.20.3 Page 244 of 295 39-4 Smoking Prohibited; Exceptions It shall be unlawful for any person to smoke or vape as follows: A. In a place of employment or a public place, except as designated by a proprietor pursuant to this Section. B. Within ______ feet of a licensed childcare center or elementary school. C. On City of Grand Island owned property. D. Within twenty (20) feet of any non-residential doorways, window openings or HVAC intakes. 39-5 Proprietor To Prohibit Smoking; Exceptions A. It shall be unlawful for any proprietor of any place of employment or public place to allow smoking or vaping except as follows: 1. Guestrooms or suites, provided the following requirements are met: a. The number of rooms or suites designated for smoking shall be no greater than 20% of the total number of guestrooms or suites. a. Each guestroom or suite where smoking or vaping is allowed shall have a permanent sign posted containing the words “smoking allowed” on each entrance. 2. As part of a study conducting research into the health effects of smoking or vaping in a scientific or analytical laboratory either governed by state or federal law or at a college or university approved by the Nebraska Coordinating Commission for Post Secondary Education. The proprietor shall post a temporary sign on all entrances to the laboratory indicating that smoking or vaping is being allowed for the purposes of research. 3. Tobacco retail outlet as defined in Grand Island City Code Section 39-9. 4. Cigar bars as defined in Grand Island City Code Section 39-10. B. Proprietors shall conspicuously post or display required signs so that the signs are readily viewable by employees and the public. C. This section shall not be interpreted or construed to permit smoking or vaping where it is otherwise restricted by other applicable laws. 39-9 Tobacco retail outlet, defined Tobacco retail outlet means a store that sells only tobacco, vapes, and products directly related to tobacco and vaping. Products directly related to tobacco and vaping do not include alcohol, coffee, soft drinks, candy, groceries or gasoline. 39-10 Cigar Bar, defined Cigar bar shall mean an establishment operated by a holder of a Class C liquor license which: A. Does not sell food; B. In addition to selling alcohol, annually receives ten percent or more of its gross revenue from the sale of cigars, other tobacco products, and tobacco-related products, except from the sale of cigarettes or vape products. A cigar bar shall not discount alcohol if sold in combination with cigars or other tobacco products and tobacco-related products; C. Has a walk-in humidor on the premises; and D. Does not permit the smoking of cigarettes or vape devices. Page 245 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 11.a. Subject: #2023-179 - Consideration of Approving FY 2023-2024 Annual Budget for Railside Business Improvement District and Setting Date for Board of Equalization Staff Contact: Brian Schultz, Patrick (Pat) Brown BACKGROUND: On August 14, 2018, the City Council adopted Ordinance #9700 creating the Railside Business Improvement District (BID). The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The created Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 12, 2023, the Railside BID Board met and approved the 2023- 2024 budget that provides for a total special assessment of $142,903.94. Which is a six percent increase from the 2023 special assessment. DISCUSSION: The reformation of the Railside BID that occurred in 2018 created the Railside BID as a perpetual entity. In this district, assessments are paid by property owners based on the County assessor’s valuation of the property. Owners will be billed for the assessment after approval by City Council sitting as the Board of Equalization of September 12, 2023. The budgeted assessments of $142,903.94 will be charged to property owners in the district based on their valuations. Notices will be published in the Grand Island Independent on July 28, August 4, and August 11 2023. Copies of the notice will also be mailed to property owners after the first publication via the method required by State law. FISCAL IMPACT: The change in assessment value will add $8,088.90 of revenue to the Railside BID FY 2023-2024 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Page 246 of 295 2. Refer the issue back to the BID Board. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the City Council approved the BID budget as proposed and sets the date for Board of Equalization for September 12, 2023. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Railside BID Budget 2023-24 2. Resolution Page 247 of 295 BID BUDGET YEAR: 2023 - 2024 23-24 6% INCOME TYPE Explanation Beginning Cash Green Team Reimbursement, Spirit Tour Tix Sales, etc.$28,885.00 Special Assessments 2023-2024 6% Increase $142,903.94 Donations $0.00 Grants CDBG ($104,695.74 RAP, $100K Trees, $190K Creative Dist.)$394,695.74 Interest $750.00 Railcoin Gift certificate program $0.00 TOTAL INCOME $567,234.68 EXPENSES Personnel - 85105 Director 34,320.00$ Assistant 12,000.00$ Green Team/Coordintor 13,905.00$ FICA - 85115 FICA 8,000.00$ Unemployment - 85165 Unemployment 1,500.00$ Contract Services - 85213 Douglass Bookkeeping 3,700.00$ City Bookkeeping 4,600.00$ Contract Misc 2,000.00$ Event Coordinators 250.00$ Landscaping Refresh 4,500.00$ Equipment Rentals lights, banners etc 1,500.00$ Railcoin Services -$ Marketing Assistant 6,000.00$ Printing/Binding - 85245 Printing, Flyers, Annual Report, Announcement Annual Meeting 500.00$ Snow & Ice Removal - 85249 Snow - Plaza 1,500.00$ Rent - 85340 Office Rent 10,800.00$ Professional Services - 85290 Insurance--Plaza 4,200.00$ Insurance--Auto 500.00$ Insurance--Workers Compensation 918.00$ Website Fee--Squarespace, Viemo, Googleworks Space 480.00$ Utility Services - 85305 Walnut (triangle)600.00$ Wheeler (plaza)600.00$ South West Front St. (plaza)3,500.00$ Backflow Check 300.00$ Repairs & Equipment - 85325 500.00$ Office Copy Machine - 85330 Copy Machine Lease and Copy Charges 1,000.00$ Postage - 85413 Yearly Bill From the City 750.00$ Advertising - 85416 Newspaper 7,800.00$ Vibe 600.00$ Social Media Boosting 300.00$ EV Tour 300.00$ Railside Branded Items 500.00$ Legal Notices - 85419 Monthly Meeting, annual review of property tax 2,750.00$ Dues & Subcriptions/Main Street - 85422 Main Street, Chamber, 501C3, EDC 2,500.00$ Travel & Training - 85428 Green Team Mileage 500.00$ Events/Other - 85490 HEAR GI 3,500.00$ The Big Putt 250.00$ Christmas 6,000.00$ Spirit Tour & Other 3,000.00$ Office Supplies - 85505 Office Phone 780.00$ Other 1,500.00$ Trees & Schrubs - 85560 Removal and replanting 3,000.00$ Planters/ Plaza - 85561 Plants for planters 1,800.00$ Watering 6,900.00$ Sprinkler Repair 750.00$ Mowing 1,500.00$ General Supplies - 85590 Other 980.00$ Green Team 2,500.00$ MISC Other Projects 6,406.93$ TOTAL EXPENSES 2023 - 2024 172,539.93$ MISC Projects Tree/Sidewalk Repair Grant 100,000.00$ MISC Projects CDBG "Rental Assistance Program"104,694.75$ Creative District Projects 190,000.00$ TOTAL EXPENSES W/GRANTS 567,234.68$ Page 248 of 295 R E S O L U T I O N 2023-179 WHEREAS, the City Council has considered the proposed budget of the Railside Business Improvement District for the fiscal year 2023-2024; and WHEREAS, the City has received the assessed values of the individual properties within the Railside Business Improvement District as shown in the office of the Hall County Assessor in effect on the first day of January, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for the Railside Business Improvement District is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 12, 2023 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of the Railside Business Improvement District by U.S. Mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 249 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 11.b. Subject: #2023-180 - Consideration of Approving FY 2023-2024 Annual Budget for Fonner Park Business Improvement District and Setting Date for Board of Equalization Staff Contact: Brian Schultz, Patrick (Pat) Brown BACKGROUND: On February 14, 2017, the City Council adopted Ordinance #9622 creating the Fonner Park Business Improvement District (BID). The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 11, 2023 the Fonner Park BID Board met and approved the 2023-2024 budget which provides for special assessments in the amount of $53,202. DISCUSSION: The reformation of the Fonner Park BID that occurred in 2017 created the Fonner Park BID as a perpetual entity. In this district, assessments are paid by property owners based on the front footage of the property. Owners are billed for the assessment after approval by City Council sitting as the Board of Equalization on September 12, 2023. The budgeted assessments of $53,202 will be charged to property owners in the district based on their front footage. A copy of the proposed 2023-2024 budget is attached for review. FISCAL IMPACT: The requested special assessment value is the same as last fiscal year, equaling a $0 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 back to the BID board. 3. Postpone the issue to future date. Page 250 of 295 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the proposed Budget for the Fonner Park BID and set the date of September 12, 2023 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Fonner Park BID FY 23-24 Budget 2. Resolution Page 251 of 295 Page 252 of 295 Page 253 of 295 R E S O L U T I O N 2023-180 WHEREAS, the City Council has considered the proposed budget of the Fonner Park Business Improvement District for their fiscal year 2023-2024; and WHEREAS, the City has received the front footage amounts for the individual properties within the Fonner Park Business Improvement District as shown in the office of the Hall County Assessor in effect on the first day of January, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for the Fonner Park Business Improvement District is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 12, 2023 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of the Fonner Park Business Improvement District by U.S. Mail, postage prepaid - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 254 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 11.c. Subject: #2023-181 - Consideration of Approving FY 2023-2024 Annual Budget for South Locust Business Improvement District and Setting Date for Board of Equalization Staff Contact: Brian Schultz, Patrick (Pat) Brown BACKGROUND: On February 14, 2017, the City Council adopted Ordinance #9623 creating the South Locust Business Improvement District (BID). The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 12, 2023 the South Locust BID Board met and approved the 2023-2024 budget which provides for special assessments in the amount of $104,617. DISCUSSION: The reformation of the South Locust BID that occurred in 2017 created the South Locust BID as a perpetual entity. In this district, assessments are paid by property owners based on the front footage of the property. Owners are billed for the assessment after approval by City Council sitting as the Board of Equalization on September 12, 2023. The budgeted assessments of $104,617 will be charged to property owners in the district based on their front footage. A copy of the proposed 2023-2024 budget is attached for review. FISCAL IMPACT: The requested special assessment value is the same as last fiscal year, equaling a $0 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 back to the BID board. 3. Postpone the issue to future date. Page 255 of 295 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the proposed Budget for the South Locust BID and set the date of September 12, 2023 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. South Locust BID FY23-24 Budget 2. Resolution Page 256 of 295 Page 257 of 295 Page 258 of 295 R E S O L U T I O N 2023-181 WHEREAS, the City Council has considered the proposed budget of the South Locust Business Improvement District for their fiscal year 2023-2024; and WHEREAS, the City has received the front footage amounts for the individual properties within the South Locust Business Improvement District as shown in the office of the Hall County Assessor in effect on the first day of January, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for the South Locust Business Improvement District is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 12, 2023 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of the South Locust Business Improvement District by U.S. Mail, postage prepaid - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 259 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 11.d. Subject: #2023-182 - Consideration of Approving FY 2023-2024 Annual Budget for Vehicle Off-Street Parking District #3 and Setting Date for Board of Equalization Staff Contact: Brian Schultz, Patrick (Pat) Brown BACKGROUND: The creation of Parking District #3 occurred January 8, 2019. The goal of the new Parking District #3 is to better balance those paying into the Parking District with those who are using and/or most benefit from the Parking District. Under former Parking District No. 1 established in the 1970’s the financial burden of parking lot maintenance fell solely upon retail and professional businesses within the district through an occupation tax. Over time, however, the use of downtown properties evolved with retail uses replaced by non-business uses and by use by non-retail and non-professional business. Through formation of Off-street Parking District No. 3 and the levy of special assessments the financial burden of maintaining off-street parking lots will be distributed among the owners of all properties within the district irrespective of the use of the property, whether business, retail, government, religious, or nonprofit. This will achieve a fairer and more equitable distribution of the financial burden among all properties specially benefitted by the availability of convenient free off-street parking within the district. DISCUSSION: Property owners within the District will be charged a special assessment based on the entire square footage of their buildings. The square footage is based on the information obtained from the County Assessor; however, if square footage was not available from the Assessor then a calculation was done based on outer building dimensions and the number of floors. The total square footage for Parking District #3 is 1,653,492. The special assessment charge for the 2022-2023 year is $83,470 or $0.0505/square foot. Property owners who have parking within their property that is open to the public, customers or users of the building can apply for a $10/space credit. This credit can reduce the amount owed for that property or other properties owned by the same owner within 300 feet down to a minimum of $0. Any excess that cannot be used will not be Page 260 of 295 paid out to the property owner or credited to other properties more than 300 feet away. There is an estimated $13,000 in potential parking spot credits based on estimated property owner owned parking spots. The total estimated net revenue for the 2023-2024 year is $70,000. FISCAL IMPACT: The recommended assessment value is an overall increase of $10,000 from the prior year 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 set the date of September 12, 2023 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 261 of 295 R E S O L U T I O N 2023-182 WHEREAS, the City has received the square footage of the individual properties within the Parking District #3 as shown in the office of the Hall County Assessor in effect on the first day of January, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. A proposed assessment schedule shall be prepared. 2. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 12, 2023 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 3. Notice of hearing shall be published once each week for three consecutive weeks. 4. Notice of hearing shall be mailed to all property owners of the Parking District #3 by U.S. Mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 25, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 262 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 12.a. Subject: #9937 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Ryan Schmitz 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. Utilities Department management routinely reviews its internal operations and staffing to improve efficiency. One of the services that the Grand Island Utilities Department provides is performing locates for underground electric and water lines prior to excavation. The number of locates has steadily increased with companies such as Allo installing their infrastructure across the City. By adding a dedicated locating position, efficiency is gained by ensuring that existing underground construction crews are fully staffed. DISCUSSION: There is currently an existing vacant Engineering Technician position. It is recommended to re-allocate this Engineering Technician position to a newly created Underground Technician position. The anticipated starting salary range for the Underground Technician position is less than the Engineering Technician position. The proposed Underground Technician classification would have a pay range of $27.0901 to $39.9872 hourly. Page 263 of 295 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 proposed Salary Ordinance No. 9937. SAMPLE MOTION: Move to approve Salary Ordinance No. 9937. ATTACHMENTS: 1. Salary Ordinance 9937 REDLINE Page 264 of 295 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9937 An ordinance to amend Ordinance 9931 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 add the non-union position and salary range of Underground Technician; and to repeal those portions of Ordinance No. 9931 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 Assistant Public Works Director/Engineering 53.0600/78.9100 Exempt Assistant Public Works Director of Wastewater 53.0600/78.9100 Exempt Page 265 of 295 ORDINANCE NO. 9937 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 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 Finance Director 54.1600/78.4800 Exempt Finance Operations Supervisor 30.9200/41.5000 Exempt Fire Chief 58.0000/81.5700 Exempt Page 266 of 295 ORDINANCE NO. 9937 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 Police Captain 46.6400/62.4700 Exempt Police Chief 62.4285/83.8548 Exempt Power Plant Maintenance Supervisor 44.3100/62.2900 Exempt Power Plant Operations Supervisor 45.5300/64.8900 Exempt Power Plant Superintendent – PGS 57.2400/83.0400 Exempt Page 267 of 295 ORDINANCE NO. 9937 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 Underground Technician 26.3010/38.8226 40 hrs/week 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 Worker / Parks & Recreation Part time 9.0000/30.0000 40 hrs/week Page 268 of 295 ORDINANCE NO. 9937 (Cont.) - 5 - 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 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 Page 269 of 295 ORDINANCE NO. 9937 (Cont.) - 6 - 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 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 Page 270 of 295 ORDINANCE NO. 9937 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Page 271 of 295 ORDINANCE NO. 9937 (Cont.) - 8 - 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. 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 Page 272 of 295 ORDINANCE NO. 9937 (Cont.) - 9 - 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 ($0.90) per hour which is equal to a Tier I and Tier II assignment. Tier I Tier II SWAT All Department Designated Instructors: Police K9 Firearms Drug Recognition Expert Defensive Tactics Accident Reconstruction Team Less Lethal CERT/Hostage Negotiator Drone SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.4916/30.5216 212 hrs/28 days Firefighter / EMT 17.7091/25.0171 212 hrs/28 days Firefighter / Paramedic 19.1441/27.3074 212 hrs/28 days Life Safety Inspector 27.0165/35.5705 40 hrs/week Battalion Chief 30.1957/35.1300 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an Page 273 of 295 ORDINANCE NO. 9937 (Cont.) - 10 - employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.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 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: Page 274 of 295 ORDINANCE NO. 9937 (Cont.) - 11 - 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 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 Page 275 of 295 ORDINANCE NO. 9937 (Cont.) - 12 - 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 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 Page 276 of 295 ORDINANCE NO. 9937 (Cont.) - 13 - 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 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- Page 277 of 295 ORDINANCE NO. 9937 (Cont.) - 14 - 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 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 Page 278 of 295 ORDINANCE NO. 9937 (Cont.) - 15 - 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. 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 Page 279 of 295 ORDINANCE NO. 9937 (Cont.) - 16 - 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 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 Page 280 of 295 ORDINANCE NO. 9937 (Cont.) - 17 - 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 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. Page 281 of 295 ORDINANCE NO. 9937 (Cont.) - 18 - (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 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: Page 282 of 295 ORDINANCE NO. 9937 (Cont.) - 19 - 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 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 Page 283 of 295 ORDINANCE NO. 9937 (Cont.) - 20 - 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. SECTION 14. Those portions of Ordinance No. 9931 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Page 284 of 295 ORDINANCE NO. 9937 (Cont.) - 21 - Enacted: July 25, 2023 Roger G. Steele, Mayor Attest: RaNae Edwards, City Clerk Page 285 of 295 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 25, 2023 Item #: 12.b. Subject: #9938 - Considering Annexation of Property proposed for platting as Wildwood Business Park Subdivision, an addition to the City of Grand Island located at the Northwest Corner of U.S. Highway 281 and Wildwood Drive (First Reading) Staff Contact: Chad Nabity BACKGROUND: Wildwood Business Park LLC has submitted the Wildwood Business Parks Subdivision as an addition to the City of Grand Island. This subdivision is comprised of 90+ acres of property along the west side of U.S. Highway 281 north of Wildwood Drive. DISCUSSION: The proposed subdivision is adjacent and contiguous with the Grand Island Municipal limits. City sewer and water are both available and the developer is proposing to extend and connect all of the proposed lots to sewer and water. This subdivision consists of 18 lots and is consistent with the requirements of the B2 Zoning change that Council will consider approving at this meeting. Approval of this annexation and ultimately the subdivision plat upon the third reading of the annexation ordinance will result in additional development along the 281 corridor toward U.S. Interstate 80. Planning Commission considered this plat at their July 5, 2023 meeting and recommended approval of the plat as submitted. FISCAL IMPACT: ALTERNATIVES: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date Page 286 of 295 4. Take no action on the issue RECOMMENDATION: 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 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023-06-15_FPLAT_LDP_02107847 2. Ordinance Page 287 of 295 176. 6 0 ' ( M ) S21°3 3 ' 0 6 " W C15 N21° 3 3 ' 0 6 " E 176. 6 0 ' ( M )S00°55'44"W 65.84'(M)C1 C2 S00°55'44"W118.88'(M)C5 C8 S00°38'44"W 1759.45'(M) C 1 1 S89°05'10"E 400.84'(M)S89°05'10"E 400.84'(M)C 1 4 N00°38'44"E 1759.45'(M)C16N00°55'44"E 359.95'(M)L1S87°51'56"W 368.94'(M)C3212.99'(M)C6C4S89°21'16"E 390.20'(M)200.00'(M)C9C7S89°21'16"E 401.76'(M)200.00'(M) 139.12'(M) C10S89°21'16"E 477.43'(M)200.00'(M) 300.00'(M)S89°21'16"E 487.85'(M)300.00'(M) 300.00'(M)S89°21'16"E 489.25'(M)300.00'(M)S89°21'16"E 490.65'(M)S89°21'16"E 492.04'(M)300.00'(M) 300.00'(M)S89°21'17"E 493.44'(M)300.00'(M) 300.00'(M)N88°48'23"W 495.25'(M)378.85'(M) 383.59'(M) C1241.50'(M)214.24'(M)N87°13'59"E 1178.65'(M)S00°54'50"W208.32'(M)S87°14'37"W 864.26'(M)S00°39'14"W 573.84'(M)309.57'(M)S89°21'26"E763.31'(M) S00°54'50"W 710.68'(M)C13S58°02'57"E312.38'(M)42.15'(M)246.00'(M)S88°48'30"E 600.65'(M)375.76'(M) 370.03'(M)S89°21'17"E 598.89'(M)420.03'(M) 420.03'(M)S89°21'16"E 596.92'(M)420.03'(M)S89°21'17"E 594.96'(M)420.03'(M) 400.00'(M) 400.00'(M)101.49'(M)S89°21'16"E 593.08'(M)400.00'(M) 176.17'(M)L2L3LOT 176512.20 SF1.756 ACLOT 278501.64 SF1.802 ACLOT 387828.45 SF2.016 ACLOT 497285.93 SF2.233 ACLOT 5146564.01 SF3.365 ACLOT 6146982.80 SF3.374 ACLOT 7147401.58 SF3.384 ACLOT 8147820.78 SF3.393 ACLOT 9188444.33 SF4.326 ACLOT 10190841.06 SF4.381 ACOUTLOT A420177.96 SF9.646 ACLOT 11592599.79 SF13.604 ACLOT 12138342.71 SF3.176 ACLOT 13223646.18 SF5.134 ACLOT 14251136.11 SF5.765 ACLOT 15250311.37 SF5.746 ACLOT 16237606.90 SF5.455 ACLOT 17260108.89 SF5.971 ACLINE TABLEN87°13'59"E 1178.65'(M,D) 1178.70'(R)S00°24'27"W 240.04'(M) N00°24'20"E 939.48'(M,D) 939.47'(R)N00°22'44"E 2650.87'(M,D)S87°51'49"W 1361.96'(M)S00°54'51"W 2639.42'(M)N00°55'43"E40.04'(M)40.06'(P)686.00'(M) 685.98'(P)S87°50'59"WS00°55'44"W 320.07'(M,D) 320'(R2,P)S87°51'19"W 685.92'(M,D) 685.97'(R2,P)320.00'(M,R2,P) S00°54'54"W 217.28'(M)S87°51'49"WS87°51'49"W 458.69'(M,D)S00°55'42"W39.88'(M)40.06'(P)S87°51'49"W 685.99'(M) 685.98'(P)N88°23'09"E 1169.02'(M) 217.12'(M)N88°23'09"ES00°54'50"W 963.55'(M,D) S00°54'55"W 2281.36'(M,D)S87°51'49"W 903.27'(M)CURVE TABLELINE TABLEFAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801MEASURED DISTANCEMEXISTING PROPERTY LINEFOUND CORNER (5/8" REBAR OR AS NOTED) SET CORNER (5/8"x24" REBAR W/CAP)PLATTED DISTANCEPNEW PROPERTY LINENEW SUBDIVISION LINEPOBSITE LOCATIONSEC. 1 T10N-R10WNOT TO SCALEE1/4 COR.SE COR.SECTION LINERECORDED DISTANCE T. AITKEN LS458 3/2006RSECTION CORNERRECORDED DISTANCE SORGENFREI LS578 6/2015R2SOUTHEAST CORNER, E1/2, NE1/4, SECTION 1-T10N-R10WFOUND SURVEY SPIKE AT GRADE, IN ASPHALT RETURN TO PLATTE VALLEY BLVD. EASTE11.41' TO MAG NAIL IN WEST END OF CURB FOR ISLANDESE16.92' TO MAG NAIL IN CURBNE63.61' TO CHISELED 'X' ON TOP OF EAST END OF 48" RCPW1.0' TO HWY 281 SHOULDERSOUTHEAST CORNER, E1/2, SE1/4, SECTION 1-T10N-R10WFOUND SURVEY SPIKE AT GRADE IN EAST RETURN OF WILDWOOD DR & HWY 281ON CENTERLINE E-W ASPHALT ROADESE68.03' TO CHISELED 'X' ON TOP OF ROW MARKERENE65.41' TO CHISELED 'X' ON TOP OF ROW MARKERNE69.40' TO 3/4" IRON PIPESOUTHWEST CORNER, E1/2, SE1/4 SECTION 1-T10N-R10WFOUND 1/2" IRON PIPE, 0.6' BELOW GRADEON CENTERLINE E-W ASPHALT ROADW30.0' TO EDGE OF ASPHALT ROADS40.0' TO 1/2" IRON PIPENNE25.28' TO CHISELED 'X' IN TOP OF WEST END OF RCP CULVERTSE43.27' TO NAIL w/SHINER IN POWER POLESOUTHWEST CORNER, E1/2, NE1/4, SECTION 1-T10N-R10WFOUND 3/4" IRON PIPE w/PSC, 1.0' BELOW GRADEON EAST EDGE OF CROP LINES205.0' TO NORTH POWER POLE OF 'H' STRUCTURES20.55' TO 1/2" IRON PIPEE9.82' TO 1/2" REBARSSE32.99' TO 1/2" REBARCALCULATED CORNER DEEDED DISTANCE INST#202302138DPage 288 of 295 S00°55'44"W 65.84'(M)C1 C2 S00°55'44"W118.88'(M)C5 C16N00°55'44"E 359.95'(M)S87°51'56"W 368.94'(M)C3C6C4S89°21'16"E 390.20'(M)LOT 176512.20 SF1.756 ACLOT 278501.64 SF1.802 ACS87°51'49"W 1361.96'(M)S00°55'44"W 320.07'(M,D) 320'(R2,P)S87°51'19"W 685.92'(M,D) 685.97'(R2,P)S87°51'49"W 458.69'(M,D)S00°55'42"W39.88'(M)40.06'(P)S87°51'49"W 685.99'(M) 685.98'(P)A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE NORTHEAST QUARTER (E1/2, NE1/4) AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) OF SECTION ONE (1),TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1-T10N-R10W; THENCE ON AN ASSUMED BEARING OF S87°51'49"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4), ADISTANCE OF 903.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S87°51'49"W, ALONG SAID SOUTH LINE, A DISTANCE OF 458.69 FEET TO THE SOUTHWEST CORNER, E1/2, SE 1/4,SECTION 1-T10N-R10W; THENCE N00°22'44"E, ALONG THE WEST LINE OF THE E1/2, SE1/4, A DISTANCE OF 2650.87 FEET TO THE SOUTHWEST CORNER, E1/2, NE 1/4, SECTION 1-T10N-R10W; THENCEN00°24'20"E, ALONG THE WEST LINE OF THE E1/2, NE1/4 A DISTANCE OF 939.48 FEET; THENCE N87°13'59"E A DISTANCE OF 1178.65 FEET TO THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 281;THENCE S00°54'50"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 963.55 FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4; THENCE CONTINUE S00°54'50"W, ALONG SAID WESTRIGHT-OF-WAY LINE, A DISTANCE OF 2281.56 FEET TO THE NORTHEAST CORNER OF LOT 1, STAUFFER SUBDIVISION; THENCE S87°52'19"W, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF685.92 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 STAUFFER SUBDIVISION; THENCE S00°55'44"W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 320.07 FEET; THENCE S00°55'42"W,ALONG THE WEST LINE OF SAID STAUFFER SUBDIVISION, A DISTANCE OF 39.88 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 3,927,045.36 SQUARE FEET OR90.153 ACRES MORE OR LESS OF WHICH 5.626 ACRES ARE ROAD RIGHT-OF-WAY.I HEREBY CERTIFY THAT ON ______________________, 2023, I, JAI JASON ANDRIST, A NEBRASKA REGISTERED LAND SURVEYOR NO. 630, DULY REGISTERED UNDER THE LAND SURVEYOR'SREGULATION ACT, DO HEREBY STATE THAT I HAVE PERFORMED A SURVEY OF THE LAND DEPICTED ON THE ACCOMPANYING PLAT; THAT SAID PLAT IS A TRUE DELINEATION OF SAID SURVEYPERFORMED PERSONALLY OR UNDER MY DIRECT SUPERVISION; THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS MARKED AS SHOWN, AND TO THE BESTOF MY KNOWLEDGE AND BELIEF IS TRUE, CORRECT AND IN ACCORDANCE WITH THE LAND SURVEYOR'S REGISTRATION ACT IN EFFECT AT THE TIME OF THIS SURVEY.________________________________________________________JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630FAX 308.384.8752TEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801KNOW ALL MEN BY THESE PRESENTS, THAT WILDWOOD BUSINESS PARK, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNERS OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAMETO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "" OF PART OF THE EAST HALF OF THE NORTHEAST QUARTER (E1/2, NE1/4) ANDPART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, ASSHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY DEDICATE THEEASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OFINGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACEOF SUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENTAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2023WILDWOOD BUSINESS PARK, LLCBy: _________________________________________ DAVE OSTDIEKSUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OFGRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA._______________________________ __________CHAIRPERSON DATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKATHIS ____ DAY OF ______ , 2022._______________________________MAYOR_______________________________CITY CLERKON THIS ____ DAY OF ______________________, 2023, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAIDCOUNTY, PERSONALLY APPEARED DAVE OSTDIEK, MANAGER, WILDWOOD BUSINESS PARK, LLC, A NEBRASKALIMITED LIABILITY COMPANY, TO BE PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE ISAFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. INWITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEALAT ____________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN.MY COMMISSION EXPIRES ________________________________________NOTARY PUBLICSCALE 1" = 100'Page 289 of 295 ORDINANCE NO. 9938 (Cont.) - 1 - ORDINANCE NO. 9938 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Wildwood Business Park Subdivision and all adjoining right-of-way in Hall County, Nebraska and more particularly described in Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication and the effective date of this ordinance. WHEREAS, Wildwood Business Park L.L.C., owner of the property submitted a plat of Wildwood Business Park Subdivision an Addition to the City of Grand Island for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island provides that owners of property proposed for subdivision adjacent to the Corporate Limits should submit such subdivisions as additions to the City; and WHEREAS, according to Nebraska Revised State Statute §16-177 the City of Grand Island can, upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and * This Space Reserved For Register of Deeds * Page 290 of 295 ORDINANCE NO. 9938 (Cont.) - 2 - WHEREAS, Nebraska Revised State Statute §16-402(2)(b) requires all annexation ordinances to be read by title only on three different days, and WHEREAS, the City Council of the City of Grand Island has complied with all statutory procedures and desires to approve the petition for annexation. Now Therefore, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporation of the subject land into the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, shall be and hereby are extended to include the contiguous and adjacent tract of land platted a Wildwood Page 291 of 295 ORDINANCE NO. 9938 (Cont.) - 3 - Business Park Subdivision and any adjacent and contiguous right-of-way or easement for road purposes not previously annexed as set forth in Exhibit A and such land is hereby annexed to the City of Grand Island. SECTION 3. The subject tract of land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with, and continuous with, the streets, alleys, easements and public rights-of-way of the City. SECTION 5. A certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land, set forth in Exhibit A. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. Page 292 of 295 ORDINANCE NO. 9938 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect on September 15, 2023 after its approval and passage on August 22, 2023 and publication, as provided by law. Enacted: August 22, 2023. ____________________________________ Roger Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Page 293 of 295 ORDINANCE NO. 9938 (Cont.) - 5 - Exhibit A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN PART OF THE EAST HALF OF THE NORTHEAST QUARTER (E1/2, NE1/4) AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) OF SECTION ONE (1), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1-T10N-R10W; THENCE ON AN ASSUMED BEARING OF S87°51'49"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 903.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S87°51'49"W, ALONG SAID SOUTH LINE, A DISTANCE OF 458.69 FEET TO THE SOUTHWEST CORNER, E1/2, SE 1/4, SECTION 1-T10N-R10W; THENCE N00°22'44"E, ALONG THE WEST LINE OF THE E1/2, SE1/4, A DISTANCE OF 2650.87 FEET TO THE SOUTHWEST CORNER, E1/2, NE 1/4, SECTION 1-T10N-R10W; THENCE N00°24'20"E, ALONG THE WEST LINE OF THE E1/2, NE1/4 A DISTANCE OF 939.48 FEET; THENCE N87°13'59"E A DISTANCE OF 1178.65 FEET TO THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 281; THENCE S00°54'50"W, ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 963.55 FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4; THENCE CONTINUE S00°54'50"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2281.56 FEET TO THE NORTHEAST CORNER OF LOT 1, STAUFFER SUBDIVISION; THENCE S87°52'19"W, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 685.92 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 STAUFFER SUBDIVISION; THENCE S00°55'44"W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 320.07 FEET; THENCE S00°55'42"W, ALONG THE WEST LINE OF SAID STAUFFER SUBDIVISION, A DISTANCE OF 39.88 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 3,927,045.36 SQUARE FEET OR 90.153 ACRES MORE OR LESS OF WHICH 5.626 ACRES ARE ROAD RIGHT-OF-WAY ALONG WITH ALL ADJACENT AND CONTINGUOUS ROAD RIGHT-WAY AND EASEMENTS FOR ROAD PURPOSES NOT PREVIOUSLY A PART OF THE CITY OF GRAND ISLAND MUNICIPAL LIMITS. Page 294 of 295 ORDINANCE NO. 9938 (Cont.) - 6 - Page 295 of 295