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09-12-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of September 12, 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 Frank, Abundant Life Christian Center, 3411 West Faidley Avenue 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 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 8. BOARD OF EQUALIZATION a. 2023-BE-3 - Consideration of Determing Benefits for Fonner Park Business Improvement District b. #2023-BE-4 - Consideration of Determining Benefits for South Locust Improvement District 9. CONSENT AGENDA a. Approving Minutes of August 22, 2023 City Council Study Session (Budget) b. Approving Minutes of August 22, 2023 City Council Regular Meeting c. Approving Payment of Claims for the Period of August 23, 2023 through September 12, 2023 for a total amount of $12,125,573.33. d. Approving Request from Cindy Everson, 701 Turtle Beach, Marquette, Nebraska for a Liquor Manager Designation with Conoco C Store, 2105 W. 2nd Street e. #2023-216 - Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2023 Respect Life Procession Page 1 of 202 f. #2023-217 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) g. #2023-218 - Approving Certificate of Final Completion for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 h. #2023-219 - Approving Certificate of Final Completion for Curb Ramp Project No. 2023- CR-1 i. #2023-220 - Approving Certificate of Final Completion for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 j. #2023-221 - Approving CCC Reimbursement Contract k. #2023-222 - Approving Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2023-2024 l. #2023-223 - Approving Bid Award - PGS Boiler Inspection and Repair - Fall Outage 2023 m. #2023-224 - Approving Bid Award - Uranium Removal Tank Refurbishment n. #2023-225 - Approving Bid Award - PGS Turbine Overhaul 2023 - Field Machining o. #2023-226 - Approving Certificate of Final Completion - WMP 2023-W-1 - 18th Street and Indiana Ave 10. PUBLIC HEARINGS a. Public Hearing on Request from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, for a Class "C" Liquor License #2023-227 - Approving Request from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, for a Class "C" Liquor License and Liquor Manage Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska b. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) #2023-228 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) 11. REQUEST AND REFERRALS a. Request to Approve Mayoral Appointment of City Engineer/Public Works Director b. Request for Consideration of Referring Blight Study for Proposed Area #39 to the Regional Planning Commission 12. RESOLUTIONS a. #2023-229 - Approving FY2023-2024 General Property and Community Redevelopment Authority (CRA) Tax Request b. #2023-230 - Approving FY2023-2024 Parking District #2 (Ramp) Tax Request c. #2023-231 - Approving 2024 Contract with Clean Community Systems 13. ORDINANCES a. #9941 - Consideration of Approving Establishment of 4th Street Business Improvement District (2nd and Final Reading) Page 2 of 202 b. #9943- - Consideration of Approving FY2023-2024 Annual Single City Budget and Annual Appropriations Bill c. #9944- - Consideration of Approving Assessments for Fonner Park Business Improvement District d. #9945 - Consideration of Approving Assessments for South Locust Business Improvement District 14. OTHER ITEMS Page 3 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 8.a. Subject: 2023-BE-3 - Consideration of Determing Benefits for Fonner Park Business Improvement District 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 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 11, 2023 the Fonner Park BID Board met and approved the 2023-2024 budget which provides for special assessments in the amount $53,202. On July 25, 2023, City Council approved the BID budget and set the date for Board of Equalization as September 12, 2023. 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. Attached is a summary of the notice given to owners within the BID and published in the Grand Island Independent on July 28, August 4, and August 11, 2023. 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 Page 4 of 202 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 Board of Equalization approve the proposed Special Assessments for the Fonner Park BID SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Publication 2. Resolution Page 5 of 202 July 28, 2023 Please take notice that shown hereon is a copy of the Notice of Board Of Equalization Hearing for Fonner Park Business Improvement District as published in the Grand Island Independent on July 28, 2023, August 4, 2023, and August 11, 2023. Page 6 of 202 R E S O L U T I O N 2023-BE-3 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Fonner Park Business Improvement District , after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $53,201.98; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within Fonner Park Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: OWNER LEGAL NAME ASSESSMENT WESTERBY/MICHAEL J & MANDY JANISCH SUB PT LT 1 1,295.26 DSVK NC, LLC BROWNELL SUB LT 1 XC ROW TO CITY 539.69 WILTGEN CORP II KIRKPATRICK SUB LT 5 762.37 WILTGEN CORP II KIRKPATRICK SUB LT 6 749.09 DA-LY PROPERTIES LLC LABELINDO SECOND SUB PT LT 1 XC 18.3 FT TO CITY 3,016.24 ZANA/JAMES SCOTT R & R SUB PT LT 1 1,519.88 CASEY'S RETAIL CO PLEASANT HOME SUB XC CITY E 1/2 OF S 1/2BLK 9 1,517.94 LOCUST STREET LLC STAAB ESTATES SUB LOT 1 2,170.32 OBERG/DANNY K ROEPKE SUB PT LT 2 & PT LT 1 1,667.65 OBERG/DANNY K ROEPKE SECOND SUB PT LT 1 491.12 EDWARDS BUILDING CORP FONNER SUB LT 1 XC CITY 1,619.08 BOSSELMAN REAL ESTATE LLC BOSSELMAN BUSINESS PARK SUB LT 1 1,369.31 BOSSELMAN REAL ESTATE LLC BOSSELMAN BUSINESS PARK SUB LT 1 1,629.87 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 5 2,158.88 Page 7 of 202 - 2 - RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 6 4,317.55 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 1(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 248.65 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 2(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 308.93 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 3(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 279.35 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 4(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 297.06 LEACH INVESTMENT PROPERTIES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 5(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 949.40 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 6(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 264.38 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNITS 7, 8 & 9 (FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 318.24 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 10 (FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 960.74 WILLIAMS HOSPITALITY LLC FONNER THIRD SUB REPLATTED PT LT 3 1,511.25 LOCUST STREET LLC STAAB ESTATES SUB LT 2 2,871.06 REILLY/MICHAEL J & CAREY M JNW SUB LT 1 1,662.26 MIDWEST PREMIER INVESTMENTS, LLC NEBRASKA WASH SUB LT 1 1,786.28 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 2 755.68 BRADDY/CINDY MISCELLANEOUS TRACTS XC TO CITY 21-11-9 PT SE 1/4 SE 1/4 .78 AC 1,449.94 AREC 7, LLC MISCELLANEOUS TRACTS 21-11-9 XC CITY PT SE 1/4 SE 1/4 1.17 AC 2,161.36 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 1 1,755.19 GOODWILL INDUST OF GREATER NEBR GOODWILL SIXTH SUB LT 2 1,953.47 HALL COUNTY LIVESTOCK MISCELLANEOUS TRACTS 22-11-9 TO THE CITYOF GRAND ISLAND PT SW 1/4 SW 1/4 & PT NW1/4 3,432.45 Page 8 of 202 - 3 - IMPROVEMENT ASSN SW 1/4 XC .15 A CITY & 1.03 AC FONNER RD XC .05 AC CITY XC .98 AC CITY SANCHEZ/FILEMON R & R SUB PT LT 2 1,503.15 BOSSELMAN REAL ESTATE, LLC BOSSELMAN BUSINESS PARK SUB LT 2 3,908.89 53,201.98 - - - Adopted by the City Council of the City of Grand Island, Nebraska, on September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 9 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 8.b. Subject: #2023-BE-4 - Consideration of Determining Benefits for South Locust Improvement District 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 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 South Locust BID Board met and approved the 2023-2024 budget which provides for special assessments in the amount of $104,617. On July 25, 2023 City Council approved the BID budget and set the date for Board of Equalization as September 12, 2023. 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 assessment of $104,617 will be charged to property owners in the district based on their front footage. Attached is a summary of the notice given to owners within the BID and published in the Grand Island Independent on July 28, August 4, and August 11, 2023. 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 Page 10 of 202 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 Board of Equalization approve the proposed Special Assessments for the South Locust BID SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Publication 2. Resolution Page 11 of 202 July 28, 2023 Please take notice that shown hereon is a copy of the Notice of Board Of Equalization Hearing for South Locust Business Improvement District as published in the Grand Island Independent on July 28, August 4, and August 11, 2023. Page 12 of 202 R E S O L U T I O N 2023-BE-4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for South Locust Business Improvement District, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $104,617.01; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within South Locust Park Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: OWNER LEGAL ASSESSMENT AMOUNT MMY HOSPITALITY LLC BURCH SUB W 273' LT 1 XC CITY 1,506.44 CASEY'S RETAIL COMPANY BURCH SUB W 125' LT 2-3-4 XC CITY 1,936.45 FUGATE/J LARRY BURCH SUB LT 5 XC CITY 1,290.25 WILLIAMS/SANDRA S BURCH SECOND SUB LT 1 XC CITY 1,507.73 THE EATING ESTABLISHMENT RUNZA SUB LT 1 XC CITY 1,603.24 KDIVER, LLC R & L WILLIS SUB LT 2 2,151.57 WILLIS/RONALD J & LORI D HOLCOMB'S HIGHWAY HOMES LT 14 XC CITY 1,179.04 ROYELLE INC HOLCOMB'S HIGHWAY HOMES LT 15 XC CITY 1,200.23 ROYELLE INC BARTZ SUB LT 1 1,172.58 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 3 1,845.14 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 52' LT 19 & N 1' LT 20 570.16 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 108' LT 20 XC CITY 1,161.83 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES N 60' LT 22 XC CITY 645.45 HOLIDAY PLAZA LLC HOLCOMB'S HIGHWAY HOMES LT 21 XC CITY 1,172.58 DA-LY PROPERTIES LLC HOLCOMB'S HIGHWAY HOMES N 12' LT 24 XC CITY & S 98' LT 23 XC CITY 1,183.34 Page 13 of 202 - 2 - ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES S 49' LT 22 & N 11' LT 23 XC CITY 645.45 LLAMAS JR/MOISES HOLCOMB'S HIGHWAY HOMES ADDITION S 97' LT 24 XC CITY & N 38' LT 26 XC CITY & ALL 25 XC CITY 2,624.82 ALLSTATE BK REAL ESTATE HOLDINGS, LTD HOLCOMB'S HIGHWAY HOMES N 79' LT 27 XC CITY & S 71' LT 26 XC CITY 1,613.68 GI LODGING, LLC MATTHEWS SUB PT LT 25 XC CITY 2,919.85 KAY ENTERPRISES GRAND ISLAND LLC GARRISON SUB LT 1 XC CITY 2,486.07 CALM NIGHTS LLC MIL-NIC SECOND SUB LT 2 2,941.36 PAULSEN AND SONS INC ROUSH'S PLEASANTVILLE TERRACE SUB LTS 1 & 28 XC CITY & ALL LTS 2- 3-26-27 2,151.67 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 2 1,147.31 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 1 200' X 400' XC CITY 2,200.40 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 2 200' X 400' XC CITY 2,151.57 VISIONCOMM VENDING, INC WOODLAND FIRST SUB LT 3 XC CITY 2,151.78 OBERG/DANNY K WOODLAND FIRST SUB LT 4 XC CITY 2,140.81 BOURKE/JEFFREY T & KARI K WOODLAND FIRST SUB LT 5 XC CITY 2,151.78 RASMUSSEN JR/RICHARD S WOODLAND FIRST SUB N 50' OF E 260' LT 6 XC CITY 536.17 PAM'S RENTALS LLC WOODLAND FIRST SUB S 126' OF E 260' LT 6XC CITY 1,361.78 ALPHA CORP WOODLAND FIRST SUB E 260' LT 8 XC CITY 2,309.25 SOUTHEAST CROSSINGS LLC WOODLAND SECOND SUB LT 11 XC CITY 5,757.73 HASSAN AL- AHDAL/HAFDALLA WOODLAND SECOND SUB LT 8 1,608.30 CARPENTER REAL ESTATE INC WOODLAND SECOND SUB LT 9 1,613.35 BNB REAL ESTATE, LLC WOODLAND SECOND SUB LT 10 1,703.27 RASMUSSEN JR/RICHARD S WOODLAND THIRD SUB LT 1 XC N 25' OF E 260' XC CITY 805.82 Page 14 of 202 - 3 - ATERRA 178, 2824 S LOCUST, GRAND WOODLAND THIRD SUB N 25' OF E 260' LT 1 XC CITY & LT 2 XC CITY 1,343.60 TASK VENTURES, LLC WOODRIDGE SOUTH SUB LT 1 XC CITY 2,695.80 TRIUS FEDERAL CREDIT UNION WOODRIDGE SOUTH SUB LT 2 XC CITY 1,128.06 SOUTH POINTE DEVELOPMENT LLC SOUTH POINTE SUB LT 1 2,662.03 SARASWATI LLC MISCELLANEOUS TRACTS 27-11-9 PT N 1/2 SW1/4 SW 1/4 3.03 A 5,439.37 PLATTE VALLEY STATE BANK &EQUESTRIAN MEADOWS SUB LT 1 1,919.57 ROBB/THEODORE J MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 XC CITY 5.08 AC 3,640.26 THE GRAND ISLAND EXTENDED STAY, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 PT LT 4 ISLAND XC CITY 4.85 AC 3,460.75 INVESTMENT PROPERTY HOLDINGS, LLC KNOX SUB LOT 1 XC CITY 1,508.05 ALL FAITHS PROPERTIES, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 NW 1/4 SW 1/4 2.34 AC 2,577.38 HAMIK FAMILY. LLC EQUESTRIAN MEADOWS SUB LT 2 (BUILDING ON IOLL 400501888) 1,559.47 WILLIS/RONALD J & LORI D MISCELLANEOUS TRACTS 28-11-9 PT NE 1/4 NE 1/4 XC CITY .445 AC 1,075.78 ROBB/MASON D KNOX THIRD SUB LT 2 XC CITY 1,123.65 ROBB/TED KNOX THIRD SUB LT 3 XC CITY 829.80 COMMUNITY REDEVELOPMENT AUTHORITY OF GI TALON APARTMENTS SECOND SUB LOT 13 4,169.76 O'REILLY AUTO ENTERPRISES, LLC RUNZA SUB LT 2 XC CITY 1,674.12 ROBB/MASON D KNOX THIRD SUB LT 1 XC CITY 1,881.71 FAULKNER/MARK A & SUZANNE G EQUESTRIAN MEADOWS SUB LT 3 1,977.76 HERITAGE HOSPITALITY INC VANOSDALL SUB LT 1 801.84 104,617.01 Page 15 of 202 - 4 - _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 16 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.a. Subject: Approving Minutes of August 22, 2023 City Council Study Session (Budget) Staff Contact: Jill Granere BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 17 of 202 City Council Meeting Minutes Council Chambers City Hall 100 East First Street Study Session (Budget) of August 22, 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 August 22, 2023. Notice of the meeting was given in The Grand Island Independent on August 16, 2023. Mayor Roger G. Steele called the meeting to order at 6:00 PM. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Mark Stelk, Mitchell Nickerson, Doug Lanfear, and Jason Conley. Councilmember Michelle Fitzke was absent. The following City Officials were present: City Administrator Laura McAloon, Deputy City Clerk Jill Granere, Assistant City Administrator/Finance Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works Director Keith Kurz. 2. ITEMS FOR DISCUSSION a. Wastewater Division Budget Presentation Update Interim Public Works Director Keith Kurz reported an updated FY2024 Cash Balance of the following: •Projected 2023 Ending Unrestricted Cash Balance: $7,333,156.00 •Projected 2023 Ending Committed Cash Balance: $4,025,885.00 •Revenue: $15,449,000.00 Total Resources Available: $26,808,041.00 •Operating Costs: $10,226,505.00 •Loan/Bond Payments: $4,186,702.00 •Capital Expenses: $4,967,900.00 Total Expenditures: $19,381,107.00 Projected 2024 Ending Cash Balance: $7,426,934.00 b. JackRabbit Run Golf Course Budget Presentation Page 18 of 202 Page 2 of 4, City Council Study Session, August 22, 2023 JackRabbit Run Golf Course Manager Sadonna Manfull and Devin Kastler reported a market snapshot of households by income and population by age. Mentioned was comments made by the customers and their experiences. Reported was the FY2024 Key Strategies of golf operations: Golf outings: •Pricing opportunities of an increase of 10%. This would still be below market competitors. •Increase merchandise sales by 7.5% through new product offerings. Revenue Generation: •Jackrabbit Run App •Tagmarshal GPS Units •Noteefy Reservation System •Loyalty Program Sponsorship Recruitment: •Advertising opportunities with Tagmarshal GPS System Mentioned was FY2024 Food and Beverage: Inventory/Revenue Management: •Weekly inventory and profit and loss statement to evaluate key performance indicators. •Continued new menu creations Beverage Cart Services: •Emphasize upselling and training •Jackrabbit Run App allows you to order ahead of time External Event Recruitment: •Graduation parties, employee retreats, rehearsal dinners, etc. Mentioned was FY2024 Grounds Maintenance: •Committed to providing teams with resources to be successful •Ensure adequate staffing levels to continue success •Monitor availability of products •Monitor inventory Reported was the gross profit of 2023 of $768,988 and no net operating income. Mentioned was the year comparison, rounds was up by 1.4% (370), revenue was up by 10.2% ($95,523), gross profit was up by 8.3% ($68,982), expenses was up by 12% ($94,051) and EBITDA was down by 46% (-$24,999). Mentioned was the proposed equipment and improvements for FY2024: Page 19 of 202 Page 3 of 4, City Council Study Session, August 22, 2023 Maintenance Equipment for an amount of $36,300: •Pick-up truck with snow blade •Spin grinder •Tri-Plex Tee Mower •Sand Pro (previously approved) Building Enhancements: •Clubhouse Study •Snack Bar Improvements •Shop Lift in Maintenance Building On-Course Improvements: •Replace Submersible Pump for Winter Watering System •Tree Removal/Planting (Multi-Year Project) •Maintenance & Restroom Doors, Concrete Pads •Project to Renovate Lake on Hole #4 •Weather Shelter on Hole #17 •New Tee Box Equipment Mentioned was 163 Pine trees that will need to be removed over the next 3-5 years and 100 new trees to be planted over the next 3-5 years. c. Parks & Recreation Budget Presentation - Capital Improvements & Equipment Parks and Recreations Director Todd McCoy reported facility data, there was a total of 1,387,300 visitors the last 12 months. McCoy reported personnel services would increase by 7.53% and was not requesting an FTE. Operating expenses would increase by 4.80%. Capital Projects mentioned: •George Park Irrigation and Field Renovation: $300,000 •Island Oasis Renovation: $250,000 •Skate Park Public Outreach & Conceptual Design: $25,000 •Parks and Recreation Master Plan: $300,000 •Ryder Park Parking Lot Improvement: $950,000 •Ryder Park Restroom: $300,000 •George Park Restroom: $300,000 •Stolley Park Roads and Parking Upgrade: $351,538 •Two Ryder Park Shelters: $65,000 •Sterling Park Backstop: $10,000 •Trail Development: $75,000 •Stolley Park Irrigation: $95,100 •Park Projects Contingency: $100,000 Page 20 of 202 Page 4 of 4, City Council Study Session, August 22, 2023 Capital Equipment carried over from previous FY: •½ Ton 2 Wheel Drive Pickup: $40,000 •¾ Ton 4 Wheel Drive Pickup: $58,000 •11’Cut Mower (on order): $92,478.61 •Bucket Lift Truck (on order): $155,669.00 Capital Equipment for consideration: •Parks ABI Infield Machine: $60,000 •Cemetery Fertilizer Sprayer/Spreader: $26,000 •11’Cut Mower: $98,000 Mentioned was patching planned for Eagle Scout Park. d. Final Review of FY24 Budget Assistant City Administrator Pat Brown reported the City’s property tax valuation was $4,428,831,465, which was an increase of $607,449,832, which was contributed by growth of $210,323,358. Taxes asked of the City is $12,086,673, which is the same as FY23. Mentioned was the Public Safety Project Funding of $11,750,000 for the following: •Fire Station #3 Rebuild - $4,500,000 •Covered Storage & Meeting Space for Police - $2,500,000 •Ladder Truck for Fire - $1,500,000 •Radio/Communication Upgrade - $3,000,000 Mentioned was to use cash reserves for one project at a time or issuing public safety bond. Using $3,000,000 of cash reserves, issuing public safety bond for $8,750,000, a 10 year bond at 4.08% interest would have an annual payment of $1,085,000 or a 15 year bond at 4.38% interest would have an annual payment of $809,000. 3. ADJOURN The meeting was adjourned at 7:00 p.m. Jill Granere Deputy City Clerk Page 21 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.b. Subject: Approving Minutes of August 22, 2023 City Council Regular Meeting Staff Contact: Jill Granere BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 22 of 202 City Council Meeting Minutes Regular Meeting August 22, 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 August 22, 2023. Notice of the meeting was given in The Grand Island Independent on August 16, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Mark Stelk, Mitch Nickerson, Jason Conley and Doug Lanfear. Councilmember Michelle Fitzke was absent. The following City Officials were present: Deputy City Clerk Jill Granere, Assistant City Administrator/Finance Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works Director Keith Kurz. 2. INVOCATION Pastor Jim Reynolds, Berean Bible Church, 4116 West Capital Avenue. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS 8. CONSENT AGENDA Motion by Lanfear, second by Stelk to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Page 23 of 202 City Council Regular Meeting, August 22, 2023 2 a. Approving Minutes of August 8, 2023 City Council Regular Meeting. b. Approving Minutes of August 15, 2023 City Council Study Session. c. Approving Request from Grand Island Casino Resort, LLC dba Grand Island Casino Resort, 700 E. Stolley Park Road for an Addition to their Class "I-125341" Liquor License. d. Approving Payment of Claims for the Period of July 12, 2023 through July 25, 2023 for a total amount of $7,475,927.94 e. #2023-194 - Approving Annual Agreement for Financial Software Licensing and Support with Tyler System Management in an amount of $249,290.75. f. #2023-195 - Approving the FY23 JAG Application for GIPD g. #2023-196 - Approving Amendment to 2024 Freightliner M2-106 with Hydraulic Rotating Digger Derrick for Overhead Division with Terex Corp., Watertown, SD in an increased amount of $59,702.00. h. #2023-197 - Approving Bid for PGS Turbine Overhaul 2023 – HP Inner Shell Inspection with GE Steam Power, Inc., Windsor, CT in the amount of $196,908.00. i. #2023-198 - Approving Change Order #1 for Water Main Project 2023-W-1 – 18th Street and Indiana with Myers Construction, Inc., Broken Bow, NE in a decreased amount of $18,890.69 for a decreased total of $266,487.44. j. #2023-199 - Approving Bid for Precipitator, Bottom Ash and Boiler Industrial Cleaning - Fall 2023 Outage with EGM Industrial Solutions, Inc., Valley, NE in an amount of $212,456.71. k. #2023-200 - Approving Annual Certificate of Program Compliance to Nebraska Board of Public Roads Classifications and Standards 2023. l. #2023-201 - Approving Amendment No. 3 to Engineering Consulting Services Related to Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation; Project No. 2017-S-4 with HDR Engineering, Inc. Omaha, NE in an increased amount of $16,401.00 for a revised total amount of $688,851.00. m. #2023-202 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street), n. #2023-203 - Approving Change Order No. 2 for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 with Elsbury Construction, LLC, Grand Island, NE in an increased amount of $152,812.81 for a revised total amount of $2,916,065.64. o. #2023-204 - Approving CDBG Subrecipient Agreement #2020-3 with Railside Downtown Business Improvement District. p. #2023-205 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Wildwood Business Park Subdivision. 9. PUBLIC HEARINGS a. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street). Interim Public Works Director Keith Kurz reported the Claude Road; Faidley Avenue to State Street project was for the addition and improvement of several roadways in the City. The project would allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. Also associated with the project was the potential for improvements to Highway 281 and 30 corridors adjacent to the other project areas. The project Page 24 of 202 City Council Regular Meeting, August 22, 2023 3 would focus on crating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project would involve potential application of NDOT safety funds. Public Works was proposing concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements need to complete the project. A public right-of-way was needed to accommodate the new Claude Road section from 18th Street, which is currently under construction, to State Street. The property owner has signed the necessary documents to grant the property. No public testimony was heard. #2023-206 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street) Motion by Guzinski, second by Lanfear to approve Resolution #2023-206. Upon roll call vote, all voted aye. Motion adopted. b. Public Hearing on Acquisition of Permanent Drainage Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street). This item was related to the aforementioned Public Hearing 9a. No public testimony was heard. #2023-207 - Approving Acquisition of Permanent Drainage Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Richard A Cash, LLC- 3704 W 13th Street) Motion by Paulick, second by Lanfear to approve Resolution #2023-207. Upon roll call vote, all voted aye. Motion adopted. c. Public Hearing on Establishment of 4th Street Business Improvement District. Planner I Rashad Moxey reported on December 6, 2022, the City Council set forth a 1 year appointment, which gave authority to the initial board to create a plan and to define the boundary of the 4th Street Business Improvement District. The board held public meetings to discuss the direction of the proposed BID. Members of the Board talked to fellow business owners and conducted a survey to gather input from businesses. Property owners were also invited to a meeting to gather input on the area. The Board recommends the creation of the Business Improvement District. Beautification of the district was the main focus to be accomplished in year one. Moxey reported a survey conducted was to identify areas of concern and to gather what types of improvements they would like to see. The results were as follows: 1. Beautification of 4th Street 2. Attracting and supporting businesses 3. Safety and Security 4. Marketing and Promotion Page 25 of 202 City Council Regular Meeting, August 22, 2023 4 Moxey mentioned the proposed facilities and improvements to be made or maintained included district beautification facilities. This included but not limited to planters, tree gates, foliage and flowers, pedestrian areas, streetscape, signage and other attractions. District activities would include district beautification and maintenance; business retention and recruitment; district/events promotions; support for paid and volunteer staff and strategic planning and implementation. The board recommended that costs and expenses for the activities proposed within the business improvement district to be funded through a special assessment against the property. Based on 2022 valuations of the proposed district the cost per $100,000 in valuation would be $352.92 to raise $40,000. The Board suggested focusing on beautification of the area, recommended an assessment of $40,000 and would allow for the purchase of benches, trashcans and contracting for trash removal from public areas. The overall budget included funding from assessments and funding from outside sources of up to $175,000 of grant funding. Moxey mentioned City Administration recommended the approval of the following board members: •Joe Bandasack •Agustin Sanchez •Richard Flores •Reyna Romero •Kay Grimminger •Denise Kozel The following were opposed to the 4th Street Business Improvement District: •Ron Nitzel •Jeff Greer The following spoke in favor: •Amos Anson •Laura Gamboa •Guadalupe Ayala-Montanez #9941 - Consideration of Approving Establishment of 4th Street Business Improvement District Motion to suspend the rules was moved by Sheard, seconded by Nickerson. Roll Call: Ayes: Bethany Guzinski, Jack Sheard, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Maggie Mendoza. Jason Conley, Mike Paulick, and Chuck Haase voted no. Motion failed. Motion by Guzinski, second by Sheard to approve Ordinance #9941 (First Reading). Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Mark Stelk, Doug Lanfear, and Maggie Mendoza. Jason Conley and Mitch Nickerson voted no. Motion adopted. d. Public Hearing on Redevelopment Plan – CRA – Redevelopment Plan Amendment Upper Story Residential Development for Railside and 4th Street Areas in CRA Area #1. Community Development Director Chad Nabity reported a Redevelopment Plan Amendment for CRA Area 1 would authorize the CRA to issue grants for upper story residential development in Page 26 of 202 City Council Regular Meeting, August 22, 2023 5 Downtown Grand Island. The CRA Budget included a line item of $200,000 to support the development of upper story residential development in Downtown Grand Island. The goal of the program was to encourage the development of 50 new residential units downtown. The program was intended to continue funding the program for 5 years. Nabity reported the plan does not authorize the use of TIF, it would only authorize the CRA to make grants of up to $20,000 for two plus bedroom units and $15,000 for single bedroom units. The grants would apply to new and existing units with a limit of $100,000 per building for existing units. Life safety improvement included but not limited to fire sprinklers and exiting would be covered by the funds. Nabity reported the CRA reviewed the proposed development on July 12, 2023 and forwarded it to the Hall County Regional Planning Commission for recommendation. At their meeting held on August 2, 2023, the Planning Commission approved the proposed amendment. Amos Anson spoke in favor. #2023-208 - Approving Redevelopment Plan Amendment Upper Story Residential Development for Railside and 4th Street Areas in CRA Area #1 Motion by Haase, second by Guzinski to approve Resolution #2023-208. Upon roll call vote, all voted aye. Motion adopted. e. Public Hearing on Redevelopment Plan Amendment CRA Area 7- Lot 5 of Industrial Foundation Subdivision in the City of Grand Island, Nebraska (PID 400209149) located south of Schimmer Drive and west of Cobalt Drive in Grand Island - Venator Ventures, LLC. Community Development Director Chad Nabity reported Venator Ventures LLC was proposing to develop property south of Schimmer Drive and west of Cobalt Drive for warehousing. They are proposing a 12,000 square foot spec warehouse. The property was zoned for M2 Heavy Manufacturing Zone. The property was platted in 2019 by the Industrial Foundation and none of the lots have been built upon. Staff have prepared a redevelopment plan for the property consistent with the TIF application. Nabity reported CRA reviewed the proposed development plan on July 12, 2023 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on August 2, 2023 which they approved the proposed amendment. The following spoke in favor: •Tyler Dishman •Mary Berlie #2023-209 - Approving Redevelopment Plan Amendment CRA Area 7- Lot 5 of Industrial Foundation Subdivision in the City of Grand Island, Nebraska (PID 400209149) located south of Schimmer Drive and west of Cobalt Drive in Grand Island - Venator Ventures, LLC Motion by Guzinski, second by Mendoza to approve Resolution #2023-209. Upon roll call vote, all voted aye. Motion adopted. Page 27 of 202 City Council Regular Meeting, August 22, 2023 6 f. Public Hearing on Redevelopment Plan Amendment CRA Area 1- Upper story residential development at the old Office Net located 315 N. Locust Street (part of Lots 3 and 4 of Block 55 Grand Island Original Town) in Grand Island – EBMT Properties, LLC. Community Development Director Chad Nabity reported EBMT Properties, LLC was proposing to redevelop property at the Office Net Building at 315 N. Locust Street for commercial and residential purposes. They were proposing 5 three bedroom apartments on the second floor and 1 bedroom on the first floor. The remainder of the first floor was being developed for commercial space. The property was located in Railside and is zoned B3 Heavy Business Zone. A redevelopment plan for property was consistent with the TIF application. Nabity reported CRA reviewed the proposed development plan on July 12, 2023 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on August 2, 2023 which they approved the proposed amendment. Jim Pirnie spoke in favor. #2023-210 - Approving Redevelopment Plan Amendment CRA Area 1- Upper story residential development at the old Office Net located 315 N. Locust Street (part of Lots 3 and 4 of Block 55 Grand Island Original Town) in Grand Island – EBMT Properties, LLC Motion by Nickerson, second by Mendoza to approve Resolution #2023-210. Upon roll call vote, all voted aye. Motion adopted. 10. REQUEST AND REFERRALS Parking District #3 Budget Overview Assistant Finance Director Brian Schultz reported on the proposed FY2024 budget for Parking District #3. Historically the Parking District #3 had assessed enough revenue to cover regular maintenance and snow removal expenses any given year. Schultz mentioned that Parking District #3 had not assessed enough funds to cover reconstruction of all parking lots in the district. For FY22, 23, and 24, the general fund transferred funds to help facilitate the reconstruction of two lots. Without a significant increase to the special assessment recommended amount, the practice of subsidizing the Parking District #3 will continue. 11. RESOLUTIONS a. #2023 -211 - Approving Updated Parking Regulations Page 28 of 202 City Council Regular Meeting, August 22, 2023 7 Interim Public Works Director Keith Kurz reported council action was required to designate parking restrictions on any public streets. Due to new roadway on the Custer Avenue Rehabilitation Project a modification was necessary to the parking restrictions between the two traffic signals at 13th Street and 15th Street. Staff recommended approval. Motion by Nickerson, second by Lanfear to approve Resolution #2023-211. Roll Call: Ayes: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mark Stelk, Mitch Nickerson, Doug Lanfear and Jason Conley. Mike Paulick voted no. Motion adopted. b. #2023-212 - Consideration of Approving Amendment to the Labor Contract between the City of Grand Island and the IBEW Local 1597 (Utilities Department) Bargaining Unit. Human Resource Director Aaron Schmid reported an amendment to the labor contract with IBEW would move the Utility Technician job from non-union to the IBEW Utilities contract. Staff recommended approval. Motion by Guzinski, second by Sheard to approve Resolution #2023-212. Upon roll call vote, all voted aye. Motion adopted. c. #2023-213-Approving the Repeal of Board of Equalization for Vehicle Off-Street Parking District #3 Assistant City Attorney Stacy Nonhof reported on July 25, 2023, the Council approved Resolution 2023-182 setting a date of September 12, 2023, for Parking District #3. The BOE hearing would not be able to proceed on this date as the budget for Parking District #3 had not been adopted yet as it was not a stand-alone budget and it part of the City’s overall budget. The City budget is not scheduled for adoption until September 12, 2023, Resolution 2023-182 must be repealed. Staff recommended approval. Motion by Guzinski, second by Mendoza to approve Resolution #2023-213. Upon roll call vote, all voted aye. Motion adopted. d. #2023-214 - Approving FY2023/2024 Fee Schedule Assistant City Administrator Patrick Brown reported the 2023-2024 Fee Schedule had several changes from last year’s schedule. The changes were due to increasing costs to provide those services. Staff recommended approval. Motion by Haase, second by Conley to approve Resolution #2023-214. Upon roll call vote, all voted aye. Motion adopted. e. #2023-215 - Approving Management and Operations of Heartland Public Shooting Park Page 29 of 202 City Council Regular Meeting, August 22, 2023 8 Parks and Recreation Director Todd McCoy reported the HPSP had a major positive economic impact on the City through the tourism visitors generated by tournaments and events held at the facility. McCoy reported the City’s actual costs for operating and maintaining the facility consistently run at a deficit in the range of $200,000 per year because those positive economic impacts were not reflected in the operating revenue generated directly by the facility. During the past eight months, City administration had met with numerous supporters, volunteers and users of HPSP. Based on the feedback, administration recommended to City Council to follow the successful model used for Jackrabbit Run Golf course and seek proposals from private operators to manage and maintain HPSP. Staff recommended approval. Steve Hornady spoke in favor. Motion by Haase, second by Guzinski to approve Resolution #2023-215. Upon roll call vote, all voted aye. Jack Sheard had a conflict of interest and did not vote. Motion adopted. 12. ORDINANCES a. #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 (Final Reading) Community Redevelopment Director Chad Nabity reported that Wildwood Business Park LLC had submitted the Wildwood Business Parks Subdivision as an addition to the City of Grand Island. This subdivision was comprised of 90+ acres of property along the west side of U.S. Highway 281 north of Wildwood Drive. The proposed subdivision was adjacent and contiguous with the Grand Island Municipal limits. City sewer and water were both available and the developer was proposing to extend and connect all of the proposed lots to sewer and water. This was the first of three readings. Staff recommended approval. Motion by Stelk, second by Paulick to approve Ordinance #9938 on Final Reading. City Clerk: Ordinance #9938 on final reading. All those in favor of the passage of this ordinance on final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. #9939 - Consideration of Approving Salary Ordinance Human Resources Director Aaron Schmid reported that a Salary Ordinance was presented each year as part of the budget process. Staff recommended approval. Motion to suspend the rules was moved by Nickerson, seconded by Sheard. Upon roll call vote, all voted aye. Motion adopted. Motion by Nickerson, second by Paulick to approve Ordinance #9939. Upon roll call vote, all voted aye. Motion adopted. #9940 - Consideration of Approving Changes to Chapter 39 to allow Cigar Bars Page 30 of 202 City Council Regular Meeting, August 22, 2023 9 Assistant City Attorney Stacy Nonhof reported a request was made to Council on July 11, 2023, to allow cigar bars within the City of Grand Island. Amending Section 39-5 would allow cigar bars as defined in City Code. Motion to suspend the rules was moved by Guzinski, seconded by Paulick. Upon roll call vote, all voted aye. Motion adopted. Motion by Guzinski, second by Conley to approve Ordinance #9940. Upon roll call vote, all voted aye. Motion adopted. #9942 - Consideration of Approving Amendments to Chapter 39, Section 4 of the City Code Assistant Attorney Stacy Nonhof reported Section 39-4 was being amended to prohibit smoking or vaping in not only any public place, but also within 150 feet of a licensed childcare center or elementary school and within 10 feet of any non-residential doorways, window openings or HVAC intakes. Motion to suspend the rules was moved by Paulick, seconded by Lanfear. Upon roll call vote, all voted aye. Motion adopted. Discussion was held in regards to beer gardens and if property owners had been contacted of possible changes. Motion by Haase, second by Guzinski to approve Ordinance #9942. Roll Call: Ayes: Chuck Haase, Mike Paulick, Mark Stelk, Doug Lanfear, and Jason Conley. Maggie Mendoza, Mitch Nickerson, Jack Sheard and Bethany Guzinski voted no. Motion failed. 13. OTHER ITEMS a. Strategy Session to Discuss the Status of IAFF Labor Negotiations Motion by Paulick, second by Guzinski to go into Executive Session at 9:50 p.m. Councilmember Haase left due to an emergency. Motion by Nickerson, second by Stelk to return to Regular Session. ADJOURN The meeting was adjourned at 10:30 p.m. Jill Granere Deputy City Clerk Page 31 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.c. Subject: Approving Payment of Claims for the Period of August 23, 2023 through September 12, 2023 for a total amount of $12,125,573.33. Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 32 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.d. Subject: Approving Request from Cindy Everson, 701 Turtle Beach, Marquette, Nebraska for a Liquor Manager Designation with Conoco C Store, 2105 W. 2nd Street Staff Contact: Jill Granere BACKGROUND: Cindy Everson, 701 Turtle Beach, Marquette, Nebraska has submitted an application with the City Clerk's Office for a Liquor Manager Designation in conjunction with Conoco C Store, 2105 W. 2nd Street . DISCUSSION: City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. 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 request for Liquor Manager Designation contingent upon Ms. Everson completing a state approved alcohol server/seller training program. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: Page 33 of 202 1. Police Report Page 34 of 202 09/05/23 Grand Island Police Department Officer Report for Incident L23090020 Nature: Liquor Lic Inv Address: 2105 2ND ST W; CONOCO ONE STOP Location: PCID Grand Island NE 68803 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 09/05/23 When Reported: 11:15:15 09/01/23 Occurred Between: 11:15:15 09/01/23 and 11:15:15 09/01/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT07 LT07 Convenience Store Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Dvorak T Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 11:15:15 09/01/23 Disposition: CLO Date: 09/05/23 Judicial Status: Occurred between: 11:15:15 09/01/23 Misc Entry: and: 11:15:15 09/01/23 Modus Operandi: Description : Method : Involvements Date Type Description Page 35 of 202 Officer Report for Incident L23090020 Page 2 of 5 09/05/23 09/01/23 Name Conoco 1 Stop, location 09/01/23 Name Everson, Cindy K proposed manager Page 36 of 202 Officer Report for Incident L23090020 Page 3 of 5 09/05/23 Narrative Liquor License Investigation Grand Island Police Department Cindy Everson has applied to become the new Liquor Manager for Conoco C Store LLC; DBA as Conoco C Store convenience store, located at 2105 W 2nd Street. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 37 of 202 Officer Report for Incident L23090020 Page 4 of 5 09/05/23 Supplement 309 Liquor Manager Grand Island Police Department Supplemental Report Date, Time:9-1-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID I received this application for a new Liquor Manager at Conoco C Store, the business name for Conoco C Store LLC. Cindy Everson is the proposed manager. Everson has lived in rural Hamilton County since at least 2004. Cindy Everson does not list a spouse, and currently has no warrants for her arrest. I noted that in May of 2018, Lt Vitera investigated Cindy and her then husband Lenny for the initial liquor license issuance for Conoco One Stop as the owners. Lenny was listed as the liquor manager at that time. I only checked from May 2018 until today's date for this application since Vitera did not find anything disqualifying. I checked local Spillman files, State of Nebraska files, and a law enforcement only database when investigating this application. Cindy did not note any convictions on her application. I noted several entries for code violations on property owned by Cindy (or Lenny) Everson. None were currently under investigation. NCJIS files confirmed that Cindy has no convictions, and no evident contacts since 2018. The law enforcement only database covers entries of civil nature. I noted no current or past bankruptcies, liens or judgements. I called Cindy on 9-5-23. Cindy indicated that Lenny passed away in April of this year. The State Liquor Commission contacted her, and advised that she would have to complete this process to be named liquor manager. Cindy said that she inherited full ownership of the corporation, and convenience store, and has been actively involved in daily operations since opening in 2018. The Grand Island Police Department does not object to Cindy Everson being named Liquor Manager for the Conoco C Store. Page 38 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.e. Subject: #2023-216 - Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2023 Respect Life Procession Staff Contact: Keith Kurz BACKGROUND: St. Mary’s Cathedral has submitted a request to use both City streets and State highway for the Respect Life Procession, which is scheduled to take place on Sunday, October 8, 2023 from approximately 3:00pm to 4:00pm. St. Mary’s Cathedral is seeking Council approval and notice to the Nebraska Department of Roads for the route. DISCUSSION: The Respect Life Procession will require the use of City streets, as well as crossing US Highway 30 (1st Street). Please see the attached map for the route. State Statute 39-1359 requires the City Council to approve the route and for the City to then inform the Nebraska Department of Roads that the route has approval if it closes or blocks any part of a State highway. This is a requirement for any race, parade or march that would create some closure of the highway. This action then makes the City responsible for the liability of using a State highway for the event. St. Mary’s Cathedral did submit the City’s Public Event Application, which has been reviewed by the appropriate departments with no comments or issues noted for denial of such request. 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. Page 39 of 202 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve St. Mary’s Cathedral’s route for the 2023 Respect Life Procession and direct that the Nebraska Department of Roads be notified of this action. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Route Map 2. Resolution Page 40 of 202 Page 41 of 202 R E S O L U T I O N 2023-216 WHEREAS, St. Mary’s Cathedral has made application with the City of Grand Island to use City streets and State highway for the 2023 Respect Life Processions; and WHEREAS, St. Mary’s Cathedral has worked with the City in planning the procession route; and WHEREAS, specific wording is required by the Nebraska Department of Transportation (NDOT) pursuant to Neb. Rev. Stat §39-1359, and WHEREAS, the City accepts the duties set out in neb. Rev. Stat. §39-1359, and that if a claim is made against the State, the City shall indemnify, defend, and hold harmless the State from all claims, demands, actions, damages, and liability, including reasonable attorney’s fees, that may arise as a result of the special event, more specifically defined as the Respect Life Procession to be held on October 8, 2023; and WHEREAS, the route for the special event necessitates the usage of US Highway 30; crossing at Elm Street and Cedar Street, Grand Island, Nebraska; and WHEREAS, the special event will be held on October 8, 2023, with the control of US Highway 30 at the intersection of Elm Street and Cedar Street being assumed by the City at 3:00pm on October 8, 2023 and ending at 4:00 pm on October 8, 2023, at which time control of US Highway 30 at the intersection of Elm Street and Cedar Street, shall revert to the State. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Notice of Use of City Streets and State Highways to accommodate the 2023 Respect Life Procession to be held on October 8, 2023 is hereby approved. BE IT FURTHER RESOLVED, that the Nebraska Department of Transportation shall be notified of the approved route and this Notice. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 42 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.f. Subject: #2023-217 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) Staff Contact: Keith Kurz BACKGROUND: The Claude Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan.This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. The Diers Avenue improvements would be the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project could involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. A sketch is attached to show the temporary construction easement area. DISCUSSION: A temporary construction easement is needed for the new Claude Road section from the proposed 18th Street, which is scheduled to be built this spring, to State Street. Engineering staff of the Public Works Department negotiated with the property owner for use of such temporary construction easement area. Page 43 of 202 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 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 Temporary Construction Easement between the City of Grand Island and the affected property owner for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, in the total amount of $31,150.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. Temporary Easement Exhibit Page 44 of 202 R E S O L U T I O N 2023-217 WHEREAS, a temporary construction easement is required by the City of Grand Island, from property described below to construct Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4: Property Owner Legal Description Cost 3650, LLC A TEMPORARY EASEMENT CONSISTING OF PART OF LOT 2 OF 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89o57’06”E ALONG THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 10.00 FEET; THENCE S00o35’44”E A DISTANCE OF 10.61 FEET; THENCE S89o56’35”E A DISTANCE OF 185.51 FEET; THENCE S00o03’25”W A DISTANCE OF 44.00 FEET; N89o56’35”W A DISTANCE OF 143.01 FEET; THENCE S00o35’44”E A DISTANCE OF 281.80 FEET; THENCE N89o58’13”E A DISTANCE OF 76.58 FEET; THENCE S00o06’07”E A DISTANCE OF 99.98 FEET; THENCE N89o58’13”E A DISTANCE OF 23.29 FEET; THENCE S00o06’07”E A DISTANCE OF 130.90 FEET; THENCE S89o54’03”E A DISTANCE OF 19.00 FEET; THENCE S00o06’07”E A DISTANCE OF 36.00 FEET; THENCE S89o54’03”E A DISTANCE OF 79.00 FEET; THENCE N00o06’07”W A DISTANCE OF 27.00 FEET; THENCE S89o54’03”E A DISTANCE OF 115.50 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE S00o37’30”E ALONG SAID EAST LINE A DISTANCE OF 42.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING ON THE NORTH RIGHT- OF-WAY (R.O.W.) LINE OF 13TH STREET; THENCE N89o54’03”W ALONG SAID NROTH R.O.W. LINE A DISTANCE OF 188.64 FEET; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 85.00 FEET, A DELTA ANGLE OF 58o08’23”, AN ARC LENGTH OF 86.25 FEET AND A CHORD BEARING N51o01’10”W FOR A DISTANCE OF 82.60 FEET TO A POINT OF CONTINUED CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 1515.00 FEET, A DELTA ANGLE OF 15o51’24”, AN ARC LENGTH OF 419.28 FEET AND A CHORD BEARING N14o01’16”W FOR A DISTANCE OF 417.94 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE N00o35’44”E ALONG SAID WEST LINE A DISTANCE OF 15.87 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 41,369 SQUARE FEET MORE OR LESS. $31,150.00 Total= $31,150.00 WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL Page 45 of 202 - 2 - OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owner for the Temporary Construction easement on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 46 of 202 Page 47 of 202 Page 48 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.g. Subject: #2023-218 - Approving Certificate of Final Completion for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Staff Contact: Keith Kurz BACKGROUND: Starostka Group Unlimited, Inc. of Grand Island, Nebraska was awarded a $10,530,764.77 contract by the City Council on May 26, 2020, via Resolution No. 2020-122, for the Old Potash Highway Roadway Improvements; Project No. 2019-P-1. On October 27, 2020, via Resolution No 2020-271, City Council approved Change Order No. 1, at no additional cost to utilize the City owned property at 3505 W Old Potash highway as a staging area during construction of the Old Potash Highway Roadway Improvements; Project No. 2019-P-1. On April 13, 2021, via Resolution No. 2021-79, City Council approved Change Order No. 2, in the amount of $859,508.64, address several adjustments needed for the project. The adjustments involved relocation of a CenturyLink duct and disposal of poor soils with proper subgrade brought in to construct proposed pavement properly. On December 14, 2021, via Resolution No. 2021-349, City Council approved Change Order No. 3, in the amount of $515,026.74 to rectify quantities on several original bid items, in addition to necessary work during the course of construction and restoration. DISCUSSION: The Project has been completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Construction was completed at a total cost of $11,910,497.72. The project was overrun by $5,197.57 due to additional cost of restoration items. Additional sod and underground sprinklers were needed to restore adjacent properties. Additional project costs incurred by the City (detailed below) totaled $4,395,164.89 for a Page 49 of 202 final Project cost of $16,305,662.61. FISCAL IMPACT: Funds for this project were in the approved FY2018, FY2019, FY2020, FY2021, FY2022, and FY2023 budgets. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council confirm the Certificate of Final Completion for Old Potash Highway Roadway Improvements; Project No. 2016-P-1 and accept the Project as complete. Page 50 of 202 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Certificate of Final Completion 2. Resolution Page 51 of 202 1 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Old Potash Highway Roadway Improvements; Project No. 2019-P-1 CITY OF GRAND ISLAND, NEBRASKA September 12, 2023 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Old Potash Highway Roadway Improvements; Project No. 2019-P-1 has been fully completed by Starostka Group Unlimited, Inc. of Grand Island, Nebraska under the contract dated June 1, 2020. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Item No.Description Total Quantity Unit Unit Price Total Cost 1 MOBILIZATION 1.00 LS 117,436.00$ $117,436.00 2 9" DOWELED CONCRETE PAVEMENT W/INTEGRAL CURB 44,699.00 S.Y.55.25$ $2,469,619.75 3 9" CONCRETE PAVEMENT 272.00 S.Y.48.15$ $13,096.80 4 8" CONCRETE PAVEMENT 776.00 S.Y.45.60$ $35,385.60 5 6" CONCRETE PAVEMENT 14,888.00 S.Y.43.65$ $649,861.20 6 9" IMPRINTED COLORED CONCRETE PAVEMENT W/INTEGRAL CURB 1,239.00 S.Y.107.00$ $132,573.00 7 6" IMPRINTED COLORED CONCRETE PAVEMENT 2,062.00 S.Y.88.50$ $182,487.00 8 5" IMPRINTED COLORED CONCRETE PAVEMENT 438.00 S.Y.82.75$ $36,244.50 9 COLOR SAMPLE PAD 3.00 EA 230.00$ $690.00 10 BUILD 30" COMBINATION CURB & GUTTER 341.00 L.F.17.25$ $5,882.25 11 6" CONCRETE TRAIL 711.00 S.Y.47.10$ $33,488.10 12 5" CONCRETE SIDEWALK 6,579.00 S.Y.43.65$ $287,173.35 13 CONCRETE SPLITTER ISLAND NOSE 272.00 S.Y.52.10$ $14,171.20 14 CONCRETE MEDIAN NOSE 24.00 EA 345.00$ $8,280.00 15 DETECTABLE WARNING PANEL 1,289.00 S.F.51.70$ $66,641.30 16 MODULAR BLOCK RETAINING WALL 705.00 S.F.35.05$ $24,710.25 17 CONCRETE FLUME 162.00 S.Y.118.00$ $19,116.00 18 RE-USE ASPHALT MILLINGS 108.00 S.Y.3.75$ $405.00 19 RESET CHAINLINK GATE 1.00 EA 1,042.00$ $1,042.00 20 BUILD WIRE FENCE 449.00 L.F.4.95$ $2,222.55 21 RESET CHAIN LINK FENCE 268.00 L.F.14.95$ $4,006.60 22 RESET SPLIT RAIL FENCE 72.00 L.F.22.20$ $1,598.40 23 CRUSHED ROCK SURFACE COURSE 206.55 TN 30.60$ $6,320.43 24 ADJUST VALVE TO GRADE 25.00 EA 73.75$ $1,843.75 25 ADJUST MANHOLE TO GRADE 20.00 EA 129.00$ $2,580.00 26 RECONSTRUCT MANHOLE 8.00 EA 1,089.00$ $8,712.00 27 BUILD SIDEWALK CURB 0.00 L.F.40.20$ $0.00 28 CAST IN PLACE RETAINING WALL 27.50 L.F.169.00$ $4,647.50 29 SUBGRADE PREPARATION 47,325.00 S.Y.1.75$ $82,818.75 30 4" FOUNDATION COURSE 47,325.00 S.Y.5.10$ $241,357.50 31 SPRINKLER REPAIR 1.51 LS 50,000.00$ $75,393.53 32 TEMPORARY CULVERT 80.00 L.F.27.35$ $2,188.00 33 TEMPORARY PAVEMENT 486.00 S.Y.50.20$ $24,397.20 34 TEMPORARY CRUSHED ROCK SURFACE COURSE 1,321.63 TN 30.60$ $40,441.88 35 HIGH EARLY STRENGTH CONCRETE 250.50 C.Y.38.50$ $9,644.25 CO2-6 UNDERGROUND ELECTRICAL REPAIR 1.00 EA 1,458.59$ $1,458.59 CO3-22 REPAIR FENCE & POST AT POST OFFICE 1.00 LS 3,576.00$ $3,576.00 CO3-23 ANDERSON FORD VEHICLE DISPLAY 1.00 LS 10,350.00$ $10,350.00 CO3-24 FAIDLEY DETENTION CELL IMPROVEMENTS 1.00 LS 21,297.00$ $21,297.00 $4,643,157.23Bid Section "A" Total= Old Potash Highway Surfacing Bid Section "A" Page 52 of 202 2 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Item No.Description Total Quantity Unit Unit Price Total Cost 1 MOBILIZATION 1.00 LS 1,853.00$ $1,853.00 2 STORM SEWER MANHOLE 10.00 EA 4,800.00$ $48,000.00 3 STORM SEWER CURB INLET 52.00 EA 3,354.00$ $174,408.00 4 STRUCTURE WATERPROOFING & WATER STOP 13.00 EA 1,412.00$ $18,356.00 5 STORM SEWER AREA INLET, TYPE 1 6.00 EA 3,652.00$ $21,912.00 6 STORM SEWER AREA INLET, TYPE 2 2.00 EA 5,381.00$ $10,762.00 7 STORM SEWER AREA INLET, TYPE 3 5.00 EA 3,652.00$ $18,260.00 8 TAP STORM SEWER PIPE 5.00 EA 1,130.00$ $5,650.00 9 CONCRETE COLLAR 23.00 EA 1,320.00$ $30,360.00 10 18" REINFORCED CONCRETE FLARED END SECTION 8.00 EA 585.00$ $4,680.00 11 48" REINFORCED CONCRETE FLARED END SECTION 2.00 EA 1,903.00$ $3,806.00 12 HEADWALL AT STATION 131+08 1.00 EA 6,648.00$ $6,648.00 13 HEADWALL AT STATION 310+08 1.00 EA 3,517.00$ $3,517.00 14 HEADWALL OUTFALL STRUCTURE AT STATION 310+06 1.00 EA 27,889.00$ $27,889.00 15 CONCRETE OUTFALL 534.00 S.Y.116.00$ $61,944.00 16 6" PVC STORM SEWER PIPE 54.00 L.F.15.45$ $834.30 17 16" PVC STORM SEWER PIPE 97.00 L.F.44.40$ $4,306.80 18 24" PVC STORM SEWER PIPE 39.00 L.F.82.25$ $3,207.75 19 15" REINFORCED CONCRETE STORM SEWER PIPE 2,363.00 L.F.26.95$ $63,682.85 20 18" REINFORCED CONCRETE STORM SEWER PIPE 2,036.00 L.F.28.70$ $58,433.20 21 24" REINFORCED CONCRETE STORM SEWER PIPE 471.00 L.F.41.90$ $19,734.90 22 30" REINFORCED CONCRETE STORM SEWER PIPE 1,208.00 L.F.56.30$ $68,010.40 23 30" ROUND EQUIVALENT REINFORCED CONCRETE STORM SEWER PIPE 160.00 L.F.62.80$ $10,048.00 24 48" REINFORCED CONCRETE STORM SEWER PIPE 36.00 L.F.128.00$ $4,608.00 25 STORM SEWER PIPE JOINT ENCASEMENT 9.00 EA 170.00$ $1,530.00 26 STORM SEWER PLUG 1.00 EA 525.00$ $525.00 27 STORM SEWER CONNECTION 1.00 EA 567.00$ $567.00 28 REMOVE STORM SEWER MANHOLE 4.00 EA 364.00$ $1,456.00 29 REMOVE STORM SEWER INLET 10.00 EA 364.00$ $3,640.00 30 REMOVE STORM SEWER PIPE 1,141.00 L.F.17.95$ $20,480.95 31 REMOVE FLARED END SECTION 8.00 EA 198.00$ $1,584.00 32 FLOWABLE FILL 52.50 C.Y.266.00$ $13,965.00 CO2-14 ROGERS RESERVOIR DRAINAGE PIPE 1.00 LS 482.00$ $482.00 CO2-15 OUTFALL STRUCTURE ADDITIONAL SHEET PILING 1.00 LS 8,441.00$ $8,441.00 CO2-16 GEOFABRIC FOR BOX CULVERT 1.00 LS 2,961.00$ $2,961.00 CO2-17 FIELD DRIVE CULVERT 1.00 LS 5,369.00$ $5,369.00 CO2-18 ADDITIONAL CURB INLET CASTING COST 7.00 EA 1,250.00$ $8,750.00 CO2-19 ABANDON WATER SERVICE AT MAIN 1.00 LS 6,589.12$ $6,589.12 CO2-20 REMOVE & CAP HYDRANT ASSEMBLY 1.00 LS 3,589.55$ $3,589.55 CO2-21 REVISION 3 MEANS & METHODS CAHNGE 1.00 LS 101,167.48$ $101,167.48 CO2-22 SAND BACKFILL 5,755.69 TON 11.25$ $64,751.51 CO3-35 MANHOLE #6 REVISIONS 1.00 LS 1,634.00$ $1,634.00 CO3-36 RAISING CURB INLET #24 1.00 LS 3,128.00$ $3,128.00 CO3-37 MODIFICATIONS TO CURB INLET #42 1.00 LS 3,286.00$ $3,286.00 CO3-38 MODIFICATIONS TO CURB INLET #41 1.00 LS 3,021.00$ $3,021.00 CO3-39 REBUILD MANHOL ENORTH OF THRASHERS 1.00 LS 3,862.00$ $3,862.00 CO3-40 PERKINS STORM SEWER REVISIONS 1.00 LS 5,923.00$ $5,923.00 CO3-41 MODIFICATIONS TO CURB INLET #17 1.00 LS 6,078.00$ $6,078.00 CO3-42 MODIFICATIONS TO CURB INLET #11 1.00 LS 3,128.00$ $3,128.00 CO3-43 AI 6 REVISIONS DUE TO UTILITIES 1.00 LS 4,953.00$ $4,953.00 CO3-44 FLUME BOLLARDS 8.00 EA 900.00$ $7,200.00 $958,972.81 Storm Sewer Bid Section "B"- Bid Section "B" Total= Page 53 of 202 3 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Item No.Description Total Quantity Unit Unit Price Total Cost 1 MOBILIZATION 1.00 LS 12,640.00$ $12,640.00 2 GENERAL CLEARING AND GRUBBING 1.00 L.S.51,836.00$ $51,836.00 3 REMOVE PAVEMENT 47,226.00 S.Y.5.85$ $276,272.10 4 REMOVE SIDEWALK 1,145.00 S.Y.5.85$ $6,698.25 5 REMOVE CURB 401.00 L.F.5.45$ $2,185.45 6 REMOVE RETAINING WALL 5.00 L.F.23.00$ $115.00 7 REMOVE CONCRETE STEPS 1.00 EA 287.00$ $287.00 8 REMOVE BOLLARDS 4.00 EA 57.45$ $229.80 9 LARGE TREE REMOVAL 7.00 EA 1,379.00$ $9,653.00 10 REMOVE CONCRETE WELL BASE 1.00 EA 172.00$ $172.00 11 REMOVE CHAINLINK GATE 1.00 EA 127.00$ $127.00 12 REMOVE CHAIN LINK FENCE 268.00 L.F.5.30$ $1,420.40 13 REMOVE WIRE FENCE 503.00 L.F.1.30$ $653.90 14 REMOVE SPLIT RAIL FENCE 72.00 L.F.4.80$ $345.60 15 SEEDING 8.10 AC 2,132.00$ $17,269.20 16 SODDING 11,393.39 S.Y.4.20$ $47,852.24 17 SILT FENCE 2,591.00 L.F.4.85$ $12,566.35 18 CURB INLET SEDIMENT FILTERS 50.00 EA 150.00$ $7,500.00 19 AREA INLET SEDIMENT FILTERS 12.00 EA 116.00$ $1,392.00 20 INSTALL SILT CHECK, TYPE 1-LOW 180.00 L.F.4.60$ $828.00 21 EROSION CONTROL MAT, CLASS 1D 20,253.00 S.Y.1.70$ $34,430.10 22 COVER CROP SEEDING 8.10 AC 731.00$ $5,921.10 23 LANDSCAPING ROCK 167.30 TN 85.30$ $14,270.69 24 ROCK BOULDERS 16.08 TN 218.00$ $3,505.44 25 REMOVAL OF UNSUITABLE MATERIAL 1,375.00 C.Y.5.90$ $8,112.50 26 EARTHWORK 1.00 L.S.341,590.00$ $341,590.00 27 OVEREXCAVATION 24,888.83 C.Y.6.05$ $150,577.42 CO2-26 REMOVAL OF CONCRETE ABOVE WATER MAIN 1.00 LS 4,341.00$ $4,341.00 CO2-27 ADDITIONAL ASPHALT REMOVAL 1.00 LS 7,893.00$ $7,893.00 CO2-28 ASPHALT MILLINGS 15,182.33 TON 12.20$ $185,224.43 CO2-29 CRUSHED CONCRETE 3,063.34 TON 37.66$ $115,365.38 CO2-30 CRUSHED ROCK 403.69 TON 58.18$ $23,486.68 CO2-31 TENSAR BX1100 GEOGRID 2,090.00 SY 3.02$ $6,311.80 CO3-61 POTHOLING & EXCAVATING CENTURYLINK DUCT BANK 1.00 LS 4,433.75$ $4,433.75 CO3-62 SUBGRADE TEST LOCATIONS 1.00 LS 1,480.25$ $1,480.25 CO3-63 HAUL OFF POSTS FOR WESTSIDE LANES 1.00 LS 550.00$ $550.00 CO3-64 EXPOSE CENTURYLINK LINE WEST OF CLAUDE RD 1.00 LS 2,740.00$ $2,740.00 CO3-65 KIA SIGN FOUNDATION 1.00 LS 1,108.00$ $1,108.00 CO3-66 REMOVAL OF CONCRETE CAP OVER WATER MAIN 1.00 LS 765.00$ $765.00 $1,362,149.83 1 MOBILIZATION 1.00 LS 21,258.00$ $21,258.00 2 ROADWAY SIGN 200.00 EA 179.00$ $35,800.00 3 STREET NAME SIGN (D3-1)19.00 EA 74.70$ $1,419.30 4 TUBULAR OBJECT MARKER 56.00 EA 74.70$ $4,183.20 5 YELLOW PERMANENT PAVEMENT MARKING ISLAND NOSE, PAINT 24.00 EA 575.00$ $13,800.00 6 TELESPAR SIGN POST 122.00 EA 172.00$ $20,984.00 7 WHITE PREFORMED PLASTIC ARROW, TYPE 4, GROOVED 35.00 EA 517.00$ $18,095.00 8 PARKING LOT STRIPING, PAINT 4,256.00 L.F.0.85$ $3,617.60 9 PAVEMENT MARKING REMOVAL 2,925.00 L.F.1.15$ $3,363.75 10 ADA PARKING SYMBOL, PAINT 2.00 EA 402.00$ $804.00 11 ACCESSIBLE PARKING SIGN 1.00 EA 115.00$ $115.00 $123,439.85 Grading & Removals Bid Section "C"- Bid Section "C" Total= Pavement Marking & Signage Bid Section "D"- Bid Section "D" Total= Page 54 of 202 4 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 D2-1 4" YELLOW PERMANENT PAVEMENT MARKING, PAINT, GROOVED 11,118.00 L.F.$0.90 $10,006.20 D2-2 4" YELLOW PERMANENT PAVEMENT MARKING, PAINT 1,230.00 L.F.$0.90 $1,107.00 D2-3 4" WHITE PERMANENT PAVEMENT MARKING, PAINT, GROOVED 4,503.00 L.F.$1.40 $6,304.20 D2-4 5" WHITE PERMANENT PAVEMENT MARKING, PAINT, GROOVED 108.00 L.F.$0.90 $97.20 D2-5 8" WHITE PERMANENT PAVEMENT MARKING, GROOVED 1,624.00 L.F.$1.90 $3,085.60 D2-6 12" WHITE PERMANENT PAVEMENT MARKING, GROOVED 619.00 L.F.$2.80 $1,733.20 D2-7 18" WHITE PERMANENT PAVEMENT MARKING, GROOVED 321.00 L.F.$4.75 $1,524.75 D2-8 24" WHITE PERMANENT PAVEMENT MARKING, GROOVED 1,750.00 L.F.$6.70 $11,725.00 $35,583.15 1 REMOVE PRIVATE LIFT STATION $1.00 EA $870.00 $870.00 2 REMOVE EXISTING 10" SEWER $40.00 L.F.$17.80 $712.00 3 RE-TAP EXISTING SANITARY SEWER MANHOLE $2.00 EA $1,326.00 $2,652.00 4 48" DIA. SANITARY SEWER MANHOLE $2.00 EA $3,186.00 $6,372.00 5 ADDITIONAL MANHOLE DEPTH $13.40 V.F.$249.00 $3,336.60 6 15" PVC SANITARY SEWER PIPE $164.00 L.F.$44.70 $7,330.80 7 10" PVC SANITARY SEWER PIPE $177.00 L.F.$36.75 $6,504.75 8 4" PVC SANITARY SEWER SERVICE $155.00 L.F.$21.45 $3,324.75 9 INSTALL 10"X4" SERVICE TEE $1.00 EA $156.00 $156.00 10 INSTALL 4" SANITARY SEWER CLEANOUT $2.00 EA $437.00 $874.00 11 DEWATERING - SANITARY SEWER $1.00 L.S.$23,155.00 $23,155.00 CO3-71 KIA SANITARY SEWER REVISIONS $1.00 LS $16,783.00 $16,783.00 CO3-72 PUMP & PANTRY CLEANOUT $1.00 LS $1,751.00 $1,751.00 CO3-73 GIPS SEWER CAMERA AND CAP $1.00 LS $2,912.00 $2,912.00 $76,733.90 1 MOBILIZATION 1.00 LS $78,780.00 $78,780.00 2 9" DOWELED CONCRETE PAVEMENT W/INTEGRAL CURB 17,226.50 S.Y.$48.90 $842,375.85 3 6" CONCRETE PAVEMENT 1,229.00 S.Y.$43.65 $53,645.85 4 9" IMPRINTED COLORED CONCRETE PAVEMENT W/INTEGRAL CURB 413.00 S.Y.$107.00 $44,191.00 5 6" IMPRINTED COLORED CONCRETE PAVEMENT 207.00 S.Y.$88.50 $18,319.50 6 COLOR SAMPLE PAD 2.00 EA $230.00 $460.00 7 6" CONCRETE TRAIL 488.00 S.Y.$47.10 $22,984.80 8 5" CONCRETE SIDEWALK 3,032.00 S.Y.$43.65 $132,346.80 9 CRUSHED ROCK SURFACE COURSE 25.58 TN $30.60 $782.75 10 CONCRETE SPLITTER ISLAND NOSE 81.00 S.Y.$52.10 $4,220.10 11 CONCRETE MEDIAN NOSE 4.00 EA $345.00 $1,380.00 12 DETECTABLE WARNING PANEL 400.00 S.F.$51.70 $20,680.00 13 SUBGRADE PREPARATION 18,325.00 S.Y.$1.75 $32,068.75 CO2-37 4" FOUNDATION COURSE 5,227.00 S.Y.$5.10 $26,657.70 $1,278,893.10 Alternate Pavement Marking & Signage Bid Section "D2"- Bid Section "D2" Total= Sanitary Sewer Bid Section "E"- Bid Section "E" Total= Claude Road Surfacing Bid Section "F"- Bid Section "F" Total= Page 55 of 202 5 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Page 56 of 202 6 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 1 MOBILIZATION 1.00 LS 3,706.00$ $3,706.00 2 STORM SEWER MANHOLE 4.00 EA 3,729.00$ $14,916.00 3 STORM SEWER CURB INLET 29.00 EA 3,250.00$ $94,250.00 4 STORM SEWER AREA INLET, TYPE 3 4.00 EA 3,652.00$ $14,608.00 5 TAP STORM SEWER PIPE 8.00 EA 1,865.00$ $14,920.00 6 15" REINFORCED CONCRETE FLARED END SECTION 2.00 EA 532.00$ $1,064.00 7 18" REINFORCED CONCRETE FLARED END SECTION 1.00 EA 584.00$ $584.00 8 24" REINFORCED CONCRETE FLARED END SECTION 2.00 EA 754.00$ $1,508.00 9 30" REINFORCED CONCRETE FLARED END SECTION 3.00 EA 837.00$ $2,511.00 10 36" ROUND EQUIVALENT REINFORCED CONCRETE FLARED END SECTION 1.00 EA 1,437.00$ $1,437.00 11 48" REINFORCED CONCRETE FLARED END SECTION 4.00 EA 1,904.00$ $7,616.00 12 15" REINFORCED CONCRETE STORM SEWER PIPE 418.00 L.F.26.95$ $11,265.10 13 18" REINFORCED CONCRETE STORM SEWER PIPE 519.00 L.F.28.70$ $14,895.30 14 24" REINFORCED CONCRETE STORM SEWER PIPE 61.00 L.F.41.90$ $2,555.90 15 24" ROUND EQUIVALENT REINFORCED CONCRETE STORM SEWER PIPE 116.00 L.F.48.60$ $5,637.60 16 30" REINFORCED CONCRETE STORM SEWER PIPE 451.00 L.F.56.30$ $25,391.30 17 30" ROUND EQUIVALENT REINFORCED CONCRETE STORM SEWER PIPE 47.00 L.F.63.80$ $2,998.60 18 36" ROUND EQUIVALENT REINFORCED CONCRETE STORM SEWER PIPE 384.00 L.F.107.00$ $41,088.00 19 48" REINFORCED CONCRETE STORM SEWER PIPE 400.00 L.F.121.00$ $48,400.00 20 48" ROUND EQUIVALENT REINFORCED CONCRETE STORM SEWER PIPE 0.00 L.F.150.00$ $0.00 21 BUILD CONCRETE OUTFALL 129.00 S.Y.116.00$ $14,964.00 22 HEADWALL AT STATION 229+44 1.00 EA 6,892.00$ $6,892.00 23 CONCRETE FLUME 225.00 S.Y.118.00$ $26,550.00 24 CONCRETE COLLAR 3.00 EA 1,332.00$ $3,996.00 25 6'X5' REINFORCED CONCRETE BOX CULVERT 394.00 L.F.553.00$ $217,882.00 26 BOX CULVERT WING WALLS 2.00 EA 5,682.00$ $11,364.00 27 BOX CULVERT JUNCTION BOXES 2.00 EA 13,971.00$ $27,942.00 28 REMOVE STORM SEWER INLET 4.00 EA 364.00$ $1,456.00 29 REMOVE STORM SEWER PIPE 505.00 L.F.17.95$ $9,064.75 30 REMOVE FLARED END SECTION 5.00 EA 198.00$ $990.00 31 STRUCTURE WATERPROOFING & WATER STOP 2.00 EA 1,280.00$ $2,560.00 32 DEWATERING - BOX CULVERT 1.00 LS 37,941.00$ $37,941.00 33 DEWATERING - KAUFMAN CELL 1.00 LS 18,971.00$ $18,971.00 34 FOUNDATION COURSE - STRUCTURES 383.37 TN 54.35$ $20,836.16 CO2-45 CURB INLET 128 MODIFICATION 1.00 LS 2,756.00$ $2,756.00 CO2-46 KAUFMAN AVE STORM SEWER MODIFICATIONS 1.00 LS 28,857.00$ $28,857.00 CO2-47 WATER SERVICE TO BIGZBY CONCRETE 1.00 LS 5,692.00$ $5,692.00 $748,065.71 1 MOBILIZATION 1.00 LS 12,640.00$ $12,640.00 2 GENERAL CLEARING AND GRUBBING 1.00 LS 52,869.00$ $52,869.00 3 REMOVE PAVEMENT 5,541.00 S.Y.5.85$ $32,414.85 4 REMOVE SIDEWALK 536.00 S.Y.5.85$ $3,135.60 5 REMOVE FENCE 355.00 L.F.1.30$ $461.50 6 REMOVE GATE & BOLLARD 2.00 EA 394.00$ $788.00 7 REMOVE & RESET MAILBOX 9.50 EA 132.00$ $1,254.00 8 REMOVE TREE MASS 2.00 EA 3,734.00$ $7,468.00 9 SEEDING 9.27 AC 2,132.00$ $19,763.64 10 SILT FENCE 694.00 L.F.4.85$ $3,365.90 11 EROSION CONTROL MAT, CLASS 1D 13,028.00 S.Y.1.70$ $22,147.60 12 SILT CHECK, TYPE 1-LOW 0.00 L.F.4.60$ $0.00 13 CURB INLET SEDIMENT FILTERS 30.00 EA 150.00$ $4,500.00 14 AREA INLET SEDIMENT FILTERS 4.00 EA 116.00$ $464.00 15 COVER CROP SEEDING 9.27 AC 731.00$ $6,776.37 16 LANDSCAPING ROCK 52.07 TN 85.30$ $4,441.57 17 ROCK BOULDERS 4.17 TN 218.00$ $909.06 18 REMOVAL OF UNSUITABLE MATERIAL 2,084.00 C.Y.5.90$ $12,295.60 19 EARTHWORK 1.00 LS 100,807.00$ $100,807.00 20 OVEREXCAVATION 5,460.00 C.Y.6.05$ $33,033.00 CO2-53 REMOVE & DISPOSE OF CONCRETE ENCASED PIPE 1.00 LS 4,047.00$ $4,047.00 $323,581.69 Claude Road Storm Sewer Bid Section "G"- Bid Section "G" Total= Claude Road Grading and Removals Bid Section "H"- Bid Section "H" Total= Page 57 of 202 7 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 1 9" DOWELED CONCRETE PAVEMENT W/INTEGRAL CURB 4,920.00 S.Y.52.20$ $256,824.00 2 6" CONCRETE TRAIL 1,443.00 S.Y.47.10$ $67,965.30 3 STORM SEWER CURB INLET 4.00 EA 3,251.00$ $13,004.00 4 18" REINFORCED CONCRETE FLARED END SECTION 1.00 EA 584.00$ $584.00 5 36" REINFORCED CONCRETE FLARED END SECTION 2.00 EA 1,137.00$ $2,274.00 6 15" REINFORCED CONCRETE STORM SEWER PIPE 57.00 L.F.28.50$ $1,624.50 7 18" REINFORCED CONCRETE STORM SEWER PIPE 42.00 L.F.28.70$ $1,205.40 8 36" REINFORCED CONCRETE STORM SEWER PIPE 122.00 L.F.72.90$ $8,893.80 9 BUILD CONCRETE OUTFALL 84.00 S.Y.116.00$ $9,744.00 10 SEEDING 1.62 AC 2,132.00$ $3,453.84 11 SILT FENCE 180.00 L.F.4.85$ $873.00 12 CURB INLET SEDIMENT FILTERS 4.00 EA 150.00$ $600.00 13 COVER CROP SEEDING 1.62 AC 731.00$ $1,184.22 14 EARTHWORK 1.00 L.S.17,083.00$ $17,083.00 15 ROADWAY SIGN 4.00 EA 179.00$ $716.00 16 TELESPAR SIGN POST 9.00 EA 172.00$ $1,548.00 17 4" YELLOW PERMANENT PAVEMENT MARKING, PAINT, GROOVED 2,527.00 L.F.2.30$ $5,812.10 18 WHITE PREFORMED PLASTIC ARROW, TYPE 4, GROOVED 4.00 EA 517.00$ $2,068.00 19 PERMANENT BARRICADE, TYPE III 4.00 EA 575.00$ $2,300.00 20 SUBGRADE PREPARATION 5,159.00 S.Y.1.75$ $9,028.25 $406,785.41 1 MOBILIZATION 1.00 LS 10,916.00$ $10,916.00 2 ROADWAY SIGN 53.00 EA 179.00$ $9,487.00 3 STREET NAME SIGN (D3-1)8.00 EA 74.70$ $597.60 4 TUBULAR OBJECT MARKER 4.00 EA 74.70$ $298.80 5 TELESPAR SIGN POST 42.00 EA 172.00$ $7,224.00 6 WHITE PREFORMED PLASTIC ARROW, TYPE 4, GROOVED 8.00 EA 517.00$ $4,136.00 7 YELLOW PERMANENT PAVEMENT MARKING ISLAND NOSE, PAINT 4.00 EA 575.00$ $2,300.00 $34,959.40 J2-1 4" YELLOW PERMANENT PAVEMENT MARKING, PAINT, GROOVED 6,318.00 L.F.0.90$ $5,686.20 J2-2 4" WHITE PERMANENT PAVEMENT MARKING, PAINT, GROOVED 163.00 L.F.0.90$ $146.70 J2-3 8" WHITE PERMANENT PAVEMENT MARKING, PAINT, GROOVED 144.00 L.F.1.45$ $208.80 J2-4 18" WHITE PERMANENT PAVEMENT MARKING, PAINT, GROOVED 78.00 L.F.2.30$ $179.40 J2-5 24" WHITE PERMANENT PAVEMENT MARKING, PAINT, GROOVED 240.00 L.F.5.75$ $1,380.00 $7,601.10 Claude Road Pavement Marking & Signage Bid Section "J"- Bid Section "J" Total= Alternate Claude Road Pavement Marking & Signage Bid Section "J2"- Bid Section "J" Total= Alternate Claude Road Extension Improvements Bid Section "I"- Bid Section "I" Total= Page 58 of 202 8 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 1 10" D.I. WATER MAIN 624.00 L.F.47.60$ $29,702.40 2 8" D.I. WATER MAIN 550.00 L.F.43.40$ $23,870.00 3 6" D.I. WATER SERVICE 230.00 L.F.35.20$ $8,096.00 4 10" 45 M.J. BEND 14.00 EA 362.00$ $5,068.00 5 10" SLEEVE COUPLING 3.00 EA 291.00$ $873.00 6 10"X6" M.J. TEE 2.00 EA 554.00$ $1,108.00 7 10" M.J. TEE 1.00 EA 628.00$ $628.00 8 10" M.J. PLUG 3.00 EA 356.00$ $1,068.00 9 10"X8" M.J. REDUCER 1.00 EA 214.00$ $214.00 10 10" M.J. GATE VALVE W/BOX 4.00 EA 1,734.00$ $6,936.00 11 8" 45 M.J. BEND 9.00 EA 252.00$ $2,268.00 12 8" SLEEVE COUPLING 6.00 EA 226.00$ $1,356.00 13 8"X6" M.J. TEE 1.00 EA 365.00$ $365.00 14 8" M.J. GATE VALVE W/BOX 3.00 EA 1,167.00$ $3,501.00 15 6" HYDRANT EXTENSION 4.00 EA 373.00$ $1,492.00 16 6" POST INDICATOR VALVE 1.00 EA 1,893.00$ $1,893.00 17 6" 90 M.J. BEND 2.00 EA 230.00$ $460.00 18 6" 45 M.J. BEND 5.00 EA 191.00$ $955.00 19 1" TESTING & SAMPLING TAP 16.00 EA 464.00$ $7,424.00 20 FLUSHING TAP 2.00 EA 659.00$ $1,318.00 21 2" CURB STOP 1.00 EA 592.00$ $592.00 22 2" CORP STOP 1.00 EA 347.00$ $347.00 23 2" COPPER SERVICE TUBING 27.00 L.F.26.40$ $712.80 24 12" HYDRANT EXTENSION 4.00 EA 438.00$ $1,752.00 25 12" M.J. PLUG 2.00 EA 363.00$ $726.00 26 12"X10" TAPPING SLEEVE & VALVE 1.00 EA 4,227.00$ $4,227.00 27 20"X6" TAPPING SLEEVE & VALVE 1.00 EA 4,405.00$ $4,405.00 28 FIRE HYDRANT ASSEMBLY W/ AUX VALVE & BOX 3.00 EA 4,482.00$ $13,446.00 29 8" TAPPING HYDRANT ASSEMBLY 3.00 EA 5,954.00$ $17,862.00 30 12" TAPPING HYDRANT ASSEMBLY 1.00 EA 6,207.00$ $6,207.00 31 16" TAPPING HYDRANT ASSEMBLY 3.00 EA 7,116.00$ $21,348.00 32 20" TAPPING HYDRANT ASSEMBLY 1.00 EA 8,031.00$ $8,031.00 33 BUILD VALVE BOX 4.00 EA 190.00$ $760.00 34 BELL JOINT BLOCK 1.00 EA 649.00$ $649.00 35 I-BEAM BLOCK 1.00 EA 2,096.00$ $2,096.00 36 RETAINER GLAND 115.00 EA 107.00$ $12,305.00 37 WET CUT-IN 8.00 EA 914.00$ $7,312.00 38 REMOVE & SALVAGE HYDRANT 10.00 EA 525.00$ $5,250.00 39 REMOVE EXISTING WATER VALVE 2.00 EA 184.00$ $368.00 40 REMOVE WATER MANHOLE 4.00 EA.364.00$ $1,456.00 41 ABANDON WATER MAIN 1.00 LS 598.00$ $598.00 42 DEWATERING - WATER MAIN 1.00 LS 9,767.00$ $9,767.00 43 6” SLEEVE COUPLING 1.00 EA 180.00$ $180.00 44 6” M.J. PLUG 8.00 EA 124.00$ $992.00 CO2-62 1" WATER SERVICE 7.50 EA 7,720.00$ $57,900.00 CO2-63 NDOT WATER SERVICE 1.00 EA 27,530.00$ $27,530.00 CO3-105 ADDITIONAL PLUMBER TIME FOR NSP WATER SERVICE 1.00 LS 8,752.00$ $8,752.00 CO3-106 REROUTE AXFORD PLAZA WATER SERVICE 1.00 LS 6,222.00$ $6,222.00 CO3-107 GRADELOCK FITING FOR PERKINS FIRE HYDRANT 1.00 LS 986.00$ $986.00 CO3-108 NDOT BUILDING WATER STRIKE 1.00 LS 1,683.00$ $1,683.00 $323,057.20Bid Section "K" Total= Old Potash Highway & Claude Road Water Main Bid Section "K"- Page 59 of 202 9 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 1 MOBILIZATION 1.00 LS 22,981.00$ $22,981.00 2 LED STREET LIGHT/POLE ASSEMBLY 78.00 EA 4,826.00$ $376,428.00 3 REMOVAL LED STREET LIGHT/POLE ASSEMBLY RP-1 0.00 EA 781.00$ $0.00 4 RELCATION OF PERKINS LIGHTS 5.00 EA 1,919.00$ $9,595.00 5 JUNCTION BOX - TYPE 2 17.00 EA 718.00$ $12,206.00 6 JUNCTION BOX - TYPE 4 78.00 EA 494.00$ $38,532.00 7 LIGHTING CONTROL ASSEMBLIES 4.00 EA 201.00$ $804.00 8 #10 CU. POLE AND BRACKET 3,120.00 L.F.0.85$ $2,652.00 9 #6 600V THWN STRANDED CU.12,990.00 L.F.1.45$ $18,835.50 10 #4 600V THWN STRANDED CU.25,980.00 L.F.1.70$ $44,166.00 11 2" SCHED 40 PVC BORED 2,815.00 L.F.14.35$ $40,395.25 12 2" SCHED 40 PVC TRENCHED 9,855.00 L.F.5.75$ $56,666.25 13 RELOCATION OF EXISTING KAUFMAN LIGHT 1.00 LS 2,252.00$ $2,252.00 14 #8 600V THWN STRANDED CU.12,670.00 L.F.1.15$ $14,570.50 CO2-65 POLE BOX, TYPE FOR27 0.00 EA 1,333.00$ $0.00 CO3-114 LIGHT POLE BASE COATING 78.00 EA 100.00$ $7,800.00 $647,883.50 1 MOBILIZATION 1.00 LS 22,981.00$ $22,981.00 2 REMOVE TRAFFIC SIGNAL AND FOUNDATION 8.00 EA 8,871.00$ $70,968.00 3 REMOVE PULL BOX 3.00 EA 402.00$ $1,206.00 4 REMOVE TRAFFIC SIGNAL CABINET, CONTROLLER, AND FOUNDATION 2.00 EA 1,436.00$ $2,872.00 5 REMOVE TRAFFIC SIGNAL CABLE 1,228.00 L.F.1.15$ $1,412.20 6 COMBINATION MAST ARM SIGNAL & LIGHTING POLE, TYPE CMP-45-12 1.00 EA 27,256.00$ $27,256.00 7 COMBINATION MAST ARM SIGNAL & LIGHTING POLE, TYPE CMP-50-12 3.00 EA 27,894.00$ $83,682.00 8 COMBINATION MAST ARM SIGNAL & LIGHTING POLE, TYPE CMP-55-12 2.00 EA 30,634.00$ $61,268.00 9 COMBINATION MAST ARM SIGNAL & LIGHTING POLE, TYPE CMP-60-12 2.00 EA 31,163.00$ $62,326.00 10 TRAFFIC SIGNAL, TYPE TS-1 18.00 EA 977.00$ $17,586.00 11 TRAFFIC SIGNAL, TYPE TS-1RR 5.00 EA 1,379.00$ $6,895.00 12 TRAFFIC SIGNAL, TYPE TS-1LFF 8.00 EA 1,143.00$ $9,144.00 13 PULL BOX, TYPE PB-2 8.00 EA 1,942.00$ $15,536.00 14 PULL BOX, TYPE FOR27 8.00 EA 1,333.00$ $10,664.00 15 2 IN. CONDUIT IN TRENCH 2,488.00 L.F.5.75$ $14,306.00 16 2 IN. CONDUIT, JACKED 1,534.00 L.F.14.35$ $22,012.90 17 3 IN. CONDUIT IN TRENCH 457.00 L.F.8.60$ $3,930.20 18 3 IN. CONDUIT, JACKED 789.00 L.F.23.00$ $18,147.00 19 SERVICE CABLE 276.00 L.F.2.00$ $552.00 20 SERVICE DISCONNECT PEDESTAL 2.00 EA 954.00$ $1,908.00 21 STREET LIGHTING CABLE, NO. 6 3/C 1,204.00 L.F.1.45$ $1,745.80 22 3/C #14 AWG TRAFFIC SIGNAL CABLE 1,519.00 L.F.2.30$ $3,493.70 23 7/C #14 AWG TRAFFIC SIGNAL CABLE 574.00 L.F.5.15$ $2,956.10 24 37/C #16 AWG TRAFFIC SIGNAL CABLE 1,346.00 L.F.6.90$ $9,287.40 25 PEDESTRIAN PUSHBUTTON LEAD-IN CABLE 1,304.00 L.F.2.30$ $2,999.20 26 GROUNDING CONDUCTOR 1,167.00 L.F.1.15$ $1,342.05 27 TRACER WIRE 2,002.00 L.F.0.85$ $1,701.70 28 LUMINAIRE, TYPE LED 8.00 EA 575.00$ $4,600.00 29 FOUNDATION DESIGN 8.00 EA 4,022.00$ $32,176.00 30 CONCRETE FOR FOUNDATION 22.00 C.Y.259.00$ $5,698.00 31 REINFORCING STEEL 1,000.00 LB 6.30$ $6,300.00 32 PEDESTAL POLE, TYPE PP-10 6.00 EA 1,609.00$ $9,654.00 33 PEDESTRIAN PUSHBUTTON, TYPE PPB 12.00 EA 408.00$ $4,896.00 34 PEDESTRIAN SIGNAL, TYPE PS-1 12.00 EA 810.00$ $9,720.00 35 STREET NAME SIGN, OVERHEAD MOUNTED 8.00 EA 1,097.00$ $8,776.00 36 OVERHEAD SIGN 13.00 EA 666.00$ $8,658.00 37 TRAFFIC SIGNAL CONTROLLER, TYPE TC-NEMA TS-2 TYPE 2 CABINET AND PAD 2.00 EA 29,014.00$ $58,028.00 38 REINSTALL GPS SIGNAL PREEMPTION SYSTEM 1.00 EA 5,906.00$ $5,906.00 39 VIDEO DETECTION SYSTEM 2.00 EA 36,673.00$ $73,346.00 40 100 AMP METER MAIN 2.00 EA 345.00$ $690.00 CO2-66 POLE BOX, TYPE 36 2.00 EA 3,219.00$ $6,438.00 $713,064.25 1 BARRICADE, TYPE II 53,107.00 BDAY 2.00$ $106,214.00 2 BARRICADE, TYPE III 19,836.00 BDAY 2.30$ $45,622.80 3 CONTRACTOR FURNISHED SIGN DAY 55,248.00 EA 1.05$ $58,010.40 4 TEMPORARY PAVEMENT MARKING, TYPE PAINT 15,708.00 L.F.0.30$ $4,712.40 CO3-124 HIGHWAY 281 NIGHT CLOSURE 1.00 LS 12,010.00$ $12,010.00 $226,569.60 $11,910,497.72Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Total= Bid Section "J" Total= Old Potash Highway & Claude Road Lighting Bid Section "L"- Bid Section "K" Total= Old Potash Highway Road Traffic Signal Bid Section "M"- Bid Section "M" Total= Old Potash Highway & Claude Road Traffic Control Bid Section "N"- Page 60 of 202 10 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Additional Project Costs- Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Project Total = $16,305,662.61 I hereby recommend that the Engineer’s Certificate of Final Completion for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 be approved. _______________________________________________ ___________________________________ Keith Kurz, PE – Interim City Engineer/Public Works Director Roger G. Steele – Mayor BARBARA PONTIOUS ROW,TEMP & PERMANENT EASEMENT 9,860.00$ BIG B INC ACCESS EASEMENT 30,370.38$ BK FISCHER LLC TEMP EASEMENT 1,730.00$ BOSSELMAN PUMP & PANTRY INC PERMANENT & TEMP EASEMENTS 15,240.00$ BRIAN D LEVANDER ROW,TEMP & PERMANENT EASEMENT 47,610.00$ CITY OF GRAND ISLAND PW ENGINEERING SERVICES 113,752.04$ CITY OF GRAND ISLAND STORM SEWER TELEVISING 7,008.30$ HALL COUNTY REGISTER OF DEEDS FILING FEES 1,520.00$ CITY OF GRAND ISLAND-UTILITIES UTILITY WORK 280,637.66$ CITY OF GRAND ISLAND-UTILITIES 3505 W OLD POTASH HWY UTILITY BILLING 1,833.72$ DEANN CUMMINS ROW,TEMP & PERMANENT EASEMENT 2,680.00$ ARK AT CONFERENCE CONFERENCE CALL 7.93$ YANT EQUIPMENT FUEL TANK INSPECTION 80.00$ GARY STARKEY ROW,TEMP & PERMANENT EASEMENT 30,000.00$ GNT PROPERTIES LLC ROW, TEMP & PERMANENT EASEMENT 2,220.00$ HALL CO COURT BARR NONE PERM & TEMP ESMT & APPRAISAL FEES 97,175.00$ HALL CO DEPT OF ROADS TIE OUT & REMOUNT SECTION CORNERS 800.00$ HMS ENTERPRISES INC PERM & TEMP EASEMENT PER RES 20,000.00$ HORNADY FAMILY LIMITED PARTNERSHIP ROW , TEMP & PERMANENT EASEMENT 85,000.00$ HY-VEE INC ROW & TEMP EASEMENT 15,295.00$ LEE BHM CORP INDEPENDENT ADVERTISING FEES 642.51$ MEHRING INC TEMP EASEMENT 10,250.00$ MELODEE A ANDERSON ROW & TEMP EASEMENT 64,070.00$ MHEC LAND TRUST VI TEMP EASEMENT 1,080.00$ NNN INVESTOR 1 LP ROW & TEMP EASEMENT 94,705.00$ NORTHCOTT COMPANY ROW & TEMP EASEMENT 96,650.00$ NORTHWESTERN ENERGY 3505 W OLD POTASH HIGHWAY NATURAL GAS BILLING 1,032.21$ OLSSON INC PRELIMINARY & CONSTRUCTION ENGINEERING 2,407,986.96$ R & D INVESTMENTS LLC ROW, PERM & TEMP EASEMENT 45,485.00$ REECE CONSTRUCTION CO INC 3505 W OLD POTASH HIGHWAY PURCHASE 690,619.09$ REECE CONSTRUCTION CO INC RELOCATION ASSISTANCE 193,130.09$ T&E CATTLE COMPANY SIDEWALK & DRAINAGE EASEMENT 2.00$ UNITED STATES POSTMASTER TEMP EASEMENT 1,002.00$ USCOC NEBRASKA/KANSAS LLC ROW & TEMP EASEMENT 2,690.00$ WESTSIDE LANES TEMP EASEMENT 23,000.00$ ADDITIONAL PROJECT COSTS=4,395,164.89$ Page 61 of 202 R E S O L U T I O N 2023-218 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 (the “Project”), certifying that Starostka Unlimited Group, Inc. of Grand Island, Nebraska, under contract, has completed the work required by the contract at a total cost of $11,910,497.72; and WHEREAS, the City has incurred additional Project costs in the amount of $4,395,164.89, as detailed below, resulting in a total Project cost of $16,305,662.61; and Page 62 of 202 - 2 - WHEREAS, the City Engineer/Public Works Director recommends the confirmation of the Certificate of Completion and acceptance of the Project as complete; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion, for Old Potash Highway Roadway Improvements; Project No. 2019-P-1, in the total amount of $16,305,662.65, is hereby confirmed and the Project is hereby accepted as complete. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 63 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.h. Subject: #2023-219 - Approving Certificate of Final Completion for Curb Ramp Project No. 2023-CR-1 Staff Contact: Keith Kurz BACKGROUND: Galvan Construction, Inc. of Grand Island, Nebraska was awarded a $184,148.50 contract for Curb Ramp Project No. 2023-CR-1 on February 28, 2023. The attached map shows the locations for this work. The project plans were prepared with estimated quantities at each curb ramp area. Any required changes are made in the field as the project is being built, dependent on the condition of the sidewalks and curb & gutter. DISCUSSION: The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. Construction of Curb Ramp Project No. 2023-CR-1 was completed with an underrun of $4,357.42, for a total cost of $179,791.08. The underrun was due to a reduction in the amount of roadway pavement removal and replacement at several curb ramp locations. Additional project costs consist of: Public Works Engineering Staff $26,885.25 Grand Island Independent Advertising $107.20 Total Additional Project Costs= $26,992.45 Total project costs equate $206,783.53. FISCAL IMPACT: Funds are in the available FY23 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Page 64 of 202 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the Certificate of Final Completion for Curb Ramp Project No. 2023-CR-1. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Certificate of Final Completion 2. Resolution Page 65 of 202 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Curb Ramp Project No. 2023-CR-1 CITY OF GRAND ISLAND, NEBRASKA September 12, 2023 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Curb Ramp Project No. 2023-CR-1 has been fully completed by Galvan Construction, Inc. of Grand Island, Nebraska under the contract dated March 7, 2023. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Item No.Description Total Quantity Unit Unit Price Total Cost 1 Mobilization 1.00 LS 1,500.00$ 1,500.00$ 2 Remove Walk 2,781.28 SF 5.25$ 14,601.72$ 3 Remove Pavement 130.44 SY 30.00$ 3,913.20$ 4 Saw Cut 531.36 LF 5.75$ 3,055.32$ 5 Build Walk 3,051.91 SF 5.75$ 17,548.48$ 6 Build 4" PCC Stamped Walk 226.08 SF 15.00$ 3,391.20$ 7 Build Walk with Curb 51.12 SF 8.50$ 434.52$ 8 Build 6" PCC Pavement 131.12 SY 75.00$ 9,834.00$ 9 Build Curb 403.95 LF 5.00$ 2,019.75$ 10 Remove Concrete Pole Base 1.00 EA 500.00$ 500.00$ 11 Remove Concrete Barrier Curb 15.95 LF 50.00$ 797.50$ 12 Build Concrete Barrier Curb 11.50 LF 50.00$ 575.00$ 13 Adjust Curb Inlet- Type B 1.00 EA 200.00$ 200.00$ 14 Sod Area 312.70 SY 30.00$ 9,381.00$ 15 Detectable Warning Panels 226.00 SF 40.25$ 9,096.50$ 16 Landscaping and Sprinkler Repairs 1.00 LS 2,400.00$ 2,400.00$ 17 Traffic Control 1.00 LS 1,500.00$ 1,500.00$ 80,748.19$ Bid Section A - Base Bid Total Bid Section A = Page 66 of 202 2 | P a g e Engineer’s Certificate of Final Completion Curb Ramp Project No. 2023-CR-1 Construction Total Cost = $179,791.08 1 Mobilization 1.00 LS 1,500.00$ 1,500.00$ 2 Remove Walk 3,267.00 SF 4.95$ 16,171.65$ 3 Remove Pavement 115.89 SY 26.95$ 3,123.24$ 4 Saw Cut 620.51 LF 5.00$ 3,102.55$ 5 Build Walk 4,022.92 SF 5.25$ 21,120.33$ 6 Build 6" PCC Pavement 115.89 SY 75.00$ 8,691.75$ 7 Build Curb 420.79 LF 5.00$ 2,103.95$ 8 Remove Tree 2.00 EA 1,500.00$ 3,000.00$ 9 Remove & Reset Wood Bollard -EA 150.00$ -$ 10 Sod Area 340.71 SY 30.00$ 10,221.30$ 11 Detectable Warning Panels 338.00 SF 40.25$ 13,604.50$ 12 Landscaping and Sprinkler Repairs 1.00 LS 4,200.00$ 4,200.00$ 13 Traffic Control 1.00 LS 1,500.00$ 1,500.00$ 88,339.27$ 1 Mobilization 1.00 LS 500.00$ 500.00$ 2 Remove Walk 184.04 SF 4.95$ 911.00$ 3 Remove Pavement 31.57 SY 26.95$ 850.81$ 4 Saw Cut 94.95 LF 5.00$ 474.75$ 5 Build Walk 184.04 SF 5.25$ 966.21$ 6 Build 6" PCC Pavement 6.37 SY 75.00$ 477.75$ 7 Build Curb 24.96 LF 5.00$ 124.80$ 8 Sod Area 33.22 SY 30.00$ 996.60$ 9 Detectable Warning Panels 20.00 SF 40.25$ 805.00$ 10 Landscaping and Sprinkler Repairs 1.00 LS 500.00$ 500.00$ 11 Traffic Control 1.00 LS 500.00$ 500.00$ 7,106.92$ 1 Mobilization 1.00 LS 500.00$ 500.00$ 2 Remove Walk 96.74 SF 4.95$ 478.86$ 3 Saw Cut 19.99 LF 5.00$ 99.95$ 4 Build Walk 96.74 SF 5.25$ 507.89$ 5 Sod Area -SY 50.00$ -$ 6 Detectable Warning Panels 40.00 SF 40.25$ 1,610.00$ 7 Landscaping and Sprinkler Repairs 1.00 LS 150.00$ 150.00$ 8 Traffic Control 1.00 LS 250.00$ 250.00$ 3,596.70$ Total Bid Section C = Bid Section D - Adams Street & Bike Trail Total Bid Section D = Bid Section B - Trinity Lutheran School Total Bid Section B = Bid Section C - Adams Street & Hedde Street Page 67 of 202 3 | P a g e Engineer’s Certificate of Final Completion Curb Ramp Project No. 2023-CR-1 Additional Project Costs: Public Works Engineering Staff $ 26,885.25 Grand Island Independent Advertising $ 107.20 Other Project Costs Total = $ 26,992.45 Grand Total = $ 206,783.53 I hereby recommend that the Engineer’s Certificate of Final Completion for Curb Ramp Project No. 2023-CR-1 be approved. _______________________________________________ ___________________________________ Keith Kurz, PE – Interim City Engineer/Public Works Director Roger G. Steele– Mayor Page 68 of 202 R E S O L U T I O N 2023-219 WHEREAS, the City Engineering/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Project No. 2023-CR-1, installation of Curb Ramps, certifying that Galvan Construction, Inc. of Grand Island, Nebraska, under contract, has completed the curb ramp installation for the total construction amount of $179,791.08; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHREAS, additional project costs equate to $26,992.45, as shown Public Works Engineering Staff $ 26,885.25 Grand Island Independent Advertising $ 107.20 Other Project Costs Total = $ 26,992.45 WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2023-CR-1, installation of curb ramps, is hereby confirmed, for a total project cost of $206,783.53. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 69 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.i. Subject: #2023-220 - Approving Certificate of Final Completion for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Staff Contact: Keith Kurz BACKGROUND: Elsbury Construction, LLC of Grand Island, Nebraska was awarded a $1,449,756.86 contract on October 12, 2021, via Resolution No. 2021-271, for the Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1. On April 12, 2022 City Council approved Change Order No. 1, via Resolution No. 2022- 98, to address water main conflicts within the project. Change Order No. 1 was in the amount of $66,374.33. On September 27, 20222, via Resolution No. 2022-269, City Council approved Change Order No. 2, at no additional cost, to allow more time for project completion due to the dry conditions and the effect on sodding and seeding. The original completion date of October 1, 2022 was moved to November 30, 2022. DISCUSSION: The Project has been completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Construction was completed at a total cost of $1,510,273.55. The project was underrun by $5,857.64 due to not needing to address deficiencies in the subgrade soil. The subgrade was able to be stabilized with normal methods, and the roadway foundation course was not necessary. Additional project costs incurred by the City (detailed below) totaled $483,513.50 for a final Project cost of $1,993,787.05. Page 70 of 202 FISCAL IMPACT: Funds for this project 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 confirm the Certificate of Final Completion for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 and accept the Project as complete. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Certificate of Final Completion 2. Resolution Page 71 of 202 1 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 CITY OF GRAND ISLAND, NEBRASKA September 12, 2023 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 has been fully completed by Elsbury Construction, LLC of Grand Island, Nebraska under the contract dated October 25, 2021. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Item No.Description Total Quantity Unit Unit Price Total Cost 1 MOBILIZATION 1.00 LS $64,609.00 $64,609.00 2 8" DOWELED CONCRETE PAVEMENT 10,782.00 SY $51.35 $553,655.70 3 6" CONCRETE DRIVEWAY 1,091.50 SY $50.30 $54,902.45 4 5" CONCRETE SIDEWALK 1,187.00 SY $46.50 $55,195.50 5 CONCRETE OUTFALL 225.52 SY $195.00 $43,976.40 6 CRUSHED ROCK SURFACING 130.17 TN $40.15 $5,226.33 7 DETECTABLE WARNING PANEL 80.00 SF $52.10 $4,168.00 8 STORM SEWER MANHOLE 1.00 EA $9,342.00 $9,342.00 9 STORM SEWER CURB INLET 12.00 EA $4,695.00 $56,340.00 10 STORM SEWER AREA INLET 6.00 EA $3,920.00 $23,520.00 11 8" NYLOPLAST DRAIN BASIN 6.00 EA $822.00 $4,932.00 12 STORM SEWER COLLAR 2.00 EA $2,607.00 $5,214.00 13 18" REINFORCED CONCRETE FLARED END SECTION 6.00 EA $838.00 $5,028.00 14 24" REINFORCED CONCRETE FLARED END SECTION 1.00 EA $1,044.00 $1,044.00 15 48" REINFORCED CONCRETE FLARED END SECTION 2.00 EA $2,282.00 $4,564.00 16 15" REINFORCED CONCRETE STORM SEWER PIPE 344.00 LF $53.05 $18,249.20 17 18" REINFORCED CONCRETE STORM SEWER PIPE 278.00 LF $42.35 $11,773.30 18 24" REINFORCED CONCRETE STORM SEWER PIPE 316.00 LF $53.85 $17,016.60 19 48" REINFORCED CONCRETE STORM SEWER PIPE 70.00 LF $172.00 $12,040.00 20 4" HDPE SUMP PUMP DRAIN PIPE 286.00 LF $5.40 $1,544.40 21 RECONNECT SUMP PUMP DRAIN 6.00 EA $1,443.00 $8,658.00 22 RECONSTRUCT SANITARY SEWER MANOLE 6.00 EA $7,887.00 $47,322.00 23 TAP SANITARY SEWER MANHOLE 4.00 EA $1,397.00 $5,588.00 24 10" P.V.C. SANITARY SEWER PIPE 299.00 LF $127.00 $37,973.00 25 15" P.V.C. SANITARY SEWER PIPE 111.00 LF $131.00 $14,541.00 26 10" P.V.C. PLUG 3.00 EA $115.00 $345.00 27 15" P.V.C. PLUG 1.00 EA $225.00 $225.00 28 DEWATERING- SANITARY SEWER 1.00 LS $28,960.00 $28,960.00 29 BUILD TAPPING FIRE HYDRANT ASSEMBLY 3.20 EA $8,325.00 $26,621.94 Base Bid Section- Page 72 of 202 2 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 30 DEWATERING- FIRE HYDRANTS 1.00 LS $4,827.00 $4,827.00 31 STORM SEWER PIPE JOINT ENCASEMENT 0.00 EA $502.00 $0.00 32 ADJUST VALVE TO GRADE 9.00 EA $78.05 $702.45 33 REMOVE PAVEMENT 6,483.30 SY $6.00 $38,899.80 34 REMOVE DRIVEWAY 1,309.00 SY $6.00 $7,854.00 35 REMOVE AREA INLET 12.00 EA $233.00 $2,796.00 36 REMOVE FLARED END SECTION 7.00 EA $194.00 $1,358.00 37 REMOVE STORM SEWER PIPE 1,286.00 LF $14.65 $18,839.90 38 REMOVE AND SALVAGE FIRE HYDRANT 3.00 EA $825.00 $2,475.00 39 ABANDON HYDRANT LEAD 3.00 EA $275.00 $825.00 40 REMOVE AND RESET MAILBOX 6.00 EA $97.45 $584.70 41 ROADWAY SIGN 4.00 EA $357.00 $1,428.00 42 STREET NAME SIGN 2.00 EA $179.00 $358.00 43 TELESPAR SIGN POST 4.00 EA $179.00 $716.00 44 4" YELLOW PERMANENT PAVEMENT MARKING, PAINT, GROOVED 5,922.00 LF $2.15 $12,732.30 45 WHITE PREFORMED PLASTIC ARROW, TYPE 4, GROOVED 10.00 EA $607.00 $6,070.00 46 PAVEMENT MARKING REMOVAL 294.00 LF $2.40 $705.60 47 SEEDING 3.07 AC $4,761.00 $14,602.52 48 SODDING 7,999.96 SY $0.65 $5,199.97 49 EROSION CONTROL MAT, CLASS 1D 5,047.00 SY $1.80 $9,084.60 50 SILT FENCE 2,230.00 LF $5.05 $11,261.50 51 INLET SEDIMENT FILTER 12.00 EA $158.00 $1,896.00 52 COVER CROP SEEDING 0.04 AC $179.00 $7.16 53 SPRINKLER REPAIR 1.01 LS $25,000.00 $25,364.37 54 TEMPORARY TRAFFIC CONTROL 1.00 LS $18,688.00 $18,688.00 55 TEMPORARY CRUSHED ROCK SURFACING 233.31 TN $40.15 $9,367.40 56 FOUDNATION COURSE- STRUCTURES 25.89 TN $40.15 $1,039.48 57 FOUDNATION COURSE- ROADWAY 0.00 TN $40.15 $0.00 58 GENERAL CLEARING AND GRUBBING 1.00 LS $6,547.00 $6,547.00 59 SUBGRADE PREPARATION 10,670.00 SY $1.80 $19,206.00 60 OVER-EXCAVATION 5,900.00 CY $6.35 $37,465.00 61 REMOVAL AND REPLACEMENT OF UNSUITABLE MATERIAL 1,699.25 CY $14.00 $23,789.55 62 EARTHWORK 1.00 LS $36,634.00 $36,634.00 $1,443,899.22Base Bid Section Total= 1 16" D.I. WATER MAIN $201.17 60.00 60.00 $12,070.20 2 12" D.I. WATER MAIN $155.74 22.00 22.00 $3,426.28 3 16" BUTTERFLY VALVE W/ BOX $4,950.45 2.00 2.00 $9,900.90 4 12" GATE VALVE W/ BOX $5,449.15 1.00 1.00 $5,449.15 5 TYPE 3 FIRE HYDRANT ASSEMBLY $5,763.99 1.00 1.00 $5,763.99 6 16" X 12" M.J. TEE $3,003.45 1.00 1.00 $3,003.45 7 12" X 6" M.J. TEE $1,384.41 1.00 1.00 $1,384.41 8 16" SLEEVE COUPLING $762.61 3.00 3.00 $2,287.83 9 12" M.J. PLUG $683.85 1.00 1.00 $683.85 10 16" RETAININER GLAND $394.44 12.00 12.00 $4,733.28 11 12" RETAINNER GLAND $673.57 4.00 4.00 $2,694.28 12 6" RETAINER GLAND $201.04 1.00 1.00 $201.04 13 REMOVE AND SALVAGE 16" BUTTERFLY VALVE $777.66 1.00 1.00 $777.66 14 REMOVE AND SALVAGE 16" WATER MAIN $43.89 60.00 60.00 $2,633.40 15 1" TESTING TAP $1,224.13 4.00 4.00 $4,896.52 16 MANHOLE RING AND COVER $625.00 5.00 5.00 $3,125.00 17 UPSIZE TAPPING SLEEVE $3,343.09 1.00 1.00 $3,343.09 $66,374.33 $1,510,273.55Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Total= Change Order No. 1- Change Order No. 1 Total= Page 73 of 202 3 | P a g e C e r t i f i c a t e o f F i n a l C o m p l e t i o n Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Additional Project Costs- Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 Project Total = $1,993,787.05 I hereby recommend that the Engineer’s Certificate of Final Completion for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 be approved. _______________________________________________ ___________________________________ Keith Kurz, PE – Interim City Engineer/Public Works Director Roger G. Steele – Mayor BARBARA M WIECZOREK TEMP EASEMENT 510.00$ CITY OF GRAND ISLAND PW ENGINEERING SERVICES 25,754.15$ CITY OF GRAND ISLAND CURB MILLING 335.00$ CITY OF GRAND ISLAND STORM SEWER TELEVISING 1,471.50$ HALL COUNTY REGISTER OF DEEDSFILING FEES 254.00$ HOPE E NELSEN TEMP EASEMENT 210.00$ JAMES TINNELL TEMP EASEMENT 470.00$ JANICE E DYER TEMP EASEMENT 320.00$ LEE BHM CORP ADVERTISING 38.85$ MARTIN MONTELONGO TEMP & PERMANENT EASEMENT 470.00$ OLSSON INC PRELIMINARY & CONSTRUCTION ENGINEERING 452,750.00$ TL ANDERSON TEMP & PERMANENT EASEMENT 930.00$ ADDITIONAL PROJECT COSTS=483,513.50$ Page 74 of 202 R E S O L U T I O N 2023-220 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 (the “Project”), certifying that Elsbury Construction, LLC of Grand Island, Nebraska, under contract, has completed the work required by the contract at a total cost of $1,510,273.55; and WHEREAS, the City has incurred additional Project costs in the amount of $483,513.50, as detailed below, resulting in a total Project cost of $1,993,787.05; and WHEREAS, the City Engineer/Public Works Director recommends the confirmation of the Certificate of Completion and acceptance of the Project as complete; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion, for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1, in the total amount of $1,993,787.05, is hereby confirmed and the Project is hereby accepted as complete. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk BARBARA M WIECZOREK TEMP EASEMENT 510.00$ CITY OF GRAND ISLAND PW ENGINEERING SERVICES 25,754.15$ CITY OF GRAND ISLAND CURB MILLING 335.00$ CITY OF GRAND ISLAND STORM SEWER TELEVISING 1,471.50$ HALL COUNTY REGISTER OF DEEDSFILING FEES 254.00$ HOPE E NELSEN TEMP EASEMENT 210.00$ JAMES TINNELL TEMP EASEMENT 470.00$ JANICE E DYER TEMP EASEMENT 320.00$ LEE BHM CORP ADVERTISING 38.85$ MARTIN MONTELONGO TEMP & PERMANENT EASEMENT 470.00$ OLSSON INC PRELIMINARY & CONSTRUCTION ENGINEERING 452,750.00$ TL ANDERSON TEMP & PERMANENT EASEMENT 930.00$ ADDITIONAL PROJECT COSTS=483,513.50$ Page 75 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.j. Subject: #2023-221 - Approving CCC Reimbursement Contract Staff Contact: STA BACKGROUND: On September 20, 2022, CCC presented a plan to the Council to expand its facilities, housing and infrastructure. At that time, CCC requested that the City appropriate up to $500,000.00 of the City's ARPA funds to help pay for the infrastructure improvements. On March 14, 2023, the Council voted to appropriate up to $500,000.00 of the City's ARPA funds for infrastructure improvements. DISCUSSION: The purpose of this agreement is to set out the terms for reimbursement by the City to CCC for infrastructure improvements. The City and CCC have agreed that the ARPA funds will be disbursed on a reimbursement basis after proof of expenditure is provided by CCC to the Assistant City Administrator. The funds will reimburse CCC up to $500,000.00 for work to sanitary sewer, storm sewer, water main, electrical main conduit and transformer pad and the extension of Tech Drive. FISCAL IMPACT: Up to $500,000.00 of ARPA allocation has been set aside for this project previously. There is no other fiscal impact to the City. 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 approval of this agreement. SAMPLE MOTION: Move to approve as recommended. Page 76 of 202 ATTACHMENTS: 1. Contract 2. Resolution Page 77 of 202 1 REIMBURSEMENT CONTRACT (CCC Infrastructure Expansion) This Redevelopment Contract is made and entered into as of the _______ day of August, 2023, by and between the City of Grand Island, Nebraska, a Nebraska municipality of the first class (“City”), and Central Community College, a Nebraska Nonprofit Corporation (“College”). WITNESSETH: WHEREAS, the College presented its plan for expanded facilities, housing and infrastructure to the City Council on September 20, 2022; WHEREAS, the College asked for up to $500,000.00 of the City’s federal ARPA allocation towards investment in the needed infrastructure; WHEREAS, the City voted on March 14, 2023 in Resolution 2023-71 to allocate up to $500,000.00 of the City’s federal ARPA allocation to the College for the infrastructure portion of the expansion project; WHEREAS, City and College desire to enter into this Reimbursement Contract in order to provide for the expansion of the campus; WHEREAS, the City is willing to support the above described expansion of the campus in accordance with the College’s presentation; provided that, College is willing to agree to covenants and conditions regarding reimbursement of expended funds; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, City and College do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.01 Terms Defined in this Reimbursement Contract. Page 78 of 202 2 Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Reimbursement Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neutral gender of any of the terms defined: “City” means the City of Grand Island, Nebraska. “College” means the Grand Island campus of Central Community College. “Governing Body” means the Mayor and City Council of the City. “Mortgage” shall mean a real estate mortgage, deed of trust or other instrument creating an encumbrance or lien as security for a loan on the Redevelopment Project Area. “Mortgage Holder” shall mean a mortgagee, trustee or holder in reference to a Mortgage. “Redevelopment Project Area” means that certain real property situated in the City of Grand Island, Hall County, Nebraska which is owned by Central Community College. “Redevelopment Project” means the improvements to the Grand Island campus of Central Community College and as used herein, shall without limitation, those improvements include the Redevelopment Project Improvements: “Redevelopment Project Improvements” shall mean the Private Improvements and Public Improvements. “Private Improvements” shall mean the anticipated private improvements to be constructed, improved or rehabilitated as part of the Redevelopment Project that is within the Redevelopment Project Area: •Paving of extension of Tech Drive; “Public Improvements” shall mean the anticipated public improvements, constructed, improved or rehabilitated as part of the Redevelopment Project that is within the Community Redevelopment Area: •Public utilities in dedicated easements or abutting rights-of-ways including, but not limited to, sanitary and storm sewer, municipal electrical service and water mains; •Any other public improvements permitted by the Act. “Reimbursement Contract” means this redevelopment contract between the City and College, as the same may be amended from time to time. Section 1.02 Construction and Interpretation. Page 79 of 202 3 The provisions of this Reimbursement Contract shall be construed and interpreted in accordance with the following provisions: (a) Whenever in this Reimbursement Contract it is provided that any person may do or perform any act or thing the word “may” shall be deemed permissive and not mandatory and it shall be construed that such person shall have the right, but shall not be obligated, to do and perform any such act or thing. (b) The phrase “at any time” shall be construed as meaning at any time or from time to time. (c) The word “including” shall be construed as meaning “including, but not limited to.” (d) The words “will” and “shall” shall be construed as mandatory. (e) The words “herein,” “hereof,” “hereunder”, “hereinafter” and words of similar import shall refer to the Reimbursement Contract as a whole rather than to any particular paragraph, section or subsection, unless the context specifically refers thereto. (f) Forms of words in the singular, plural, masculine, feminine or neutral shall be construed to include the other forms as the context may require. (g) The captions to the sections of this Reimbursement Contract are for convenience only and shall not be deemed part of the text of the respective sections and shall not vary by implication or otherwise any of the provisions hereof. ARTICLE II FINDINGS AND REPRESENTATIONS Section 2.01 Findings and Representations City. The City makes the following findings and representations: (a) The City deems it to be in the public interest and in furtherance of the purposes of the City to accept the proposal submitted by College as specified herein. (b) The expansion is expected to achieve the public purposes of by among other things, increasing employment, increasing investment, and improving public infrastructure. Section 2.02 Representations of College. Page 80 of 202 4 The College makes the following representations: (a) The College is a Nebraska Nonprofit Corporation, having the power to enter into this Reimbursement Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Reimbursement Contract. (b) The execution and delivery of this Reimbursement Contract and the consummation of the transactions herein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which College is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the College contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against College affecting its ability to carry out the acquisition, construction, equipping and furnishing of the project or the carrying into effect of this Reimbursement Contract or in any other matter materially affecting the ability of College to perform its obligations hereunder. (d) College agrees and covenants for itself its successors and assigns that it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. College will comply with all applicable federal, state and local laws related to the Project. ARTICLE III THE PARTIES OBLIGATIONS RELATING TO REIMBURSEMENT A. OBLIGATIONS OF THE CITY Section 3.01 A City General Fund Grant Reimbursement. (a) City agrees to timely provide the College the sum of up to $500,000.00, for purposes of assisting in the implementation of the Project and as reimbursement in the design, construction and implementation of the eligible Public and Private Improvements identified in paragraph 3.01A (d) below. The Authority shall grant those funds to the College or its lender if an assignment of said funds has been received by the City for reimbursement of eligible costs paid by the College but only for those Improvements identified in paragraph 3.01A (d) below. (b) College shall provide City a detailed budget with expenditure categories for all reimbursable Public Costs identified in paragraph 3.01A. Page 81 of 202 5 (c) College shall submit invoices and proof of payment to the contractor for items to be reimbursed set aside funds. The Assistant City Administrator shall approve or deny a request for reimbursement within fourteen (14) days of College’s submittal of invoices and proof of payment. Upon the Assistant City Administrator’s approval, the invoices shall be submitted to the City Administrator for further approval or denial within fourteen (14) days of submittal. Thereafter, the City shall, within ten (10) days of approval by the City Administrator, forward funds to the College. (d) Reimbursement requests shall be submitted no more than one time per calendar month and shall be paid by the City within sixty (60) days of receipt. The request shall be signed by the designated party for the College, for the following public and private infrastructure improvements, to wit: 1) Replacement, relocation or abandonment of the City’s sanitary sewer collection system, manholes and surface repair and acquisition, construction and installation of other necessary improvements and betterments to the City’s sanitary sewer system and facilities. 2) Replacement, relocation or abandonment of the City’s storm sewer collection system, manholes and surface repair and acquisition, construction and installation of other necessary improvements and betterments to the City’s storm system and facilities. 3) Replacement, relocation or abandonment of the City’s drinking water main distribution pipes, valves, vaults and surface repair and acquisition, construction and installation of other necessary improvements and betterments to the City’s drinking water system and facilities. 4) Construction of extension of Tech Drive to City street construction standards as approved by City Engineer. 5) Installation of electrical main conduit and transformer pads. PROVIDED, HOWEVER, IN ALL EVENTS THE TOTAL REIMBURSEMENT HEREUNDER SHALL NOT EXCEED $500,000.00. The amount of costs on paragraph 3.01A(d) may shift between categories. The parties agree that any pledge and grant paid pursuant to this paragraph 3.01A to the College as reimbursement for the cost of the public and private infrastructure improvements are for the benefit of the City and the public and are granted pursuant to the contract provisions described herein and that such grant funds are not under the dominion and control of the College and should not be construed as income to the College under Internal Revenue Code Section 61 (I.R.C. § 61). Any amounts paid for the professional fees, design fees attributable to the above list of improvements shall qualify as reimbursable costs. The amounts set forth above are reasonable best estimates at the time and it is agreed to and understood that such estimates are subject to change as part of the specific site plans, design specifications, locations, City approvals and public regulations. The reimbursable amounts may be applied or reallocated to any one or all of the stated line items above, irrespective of the costs set forth above, up to the total maximum reimbursable amount of $500,000. Page 82 of 202 6 (e) No disbursement requests shall be made later than December 1, 2023. Any funds remaining in the account described in paragraph 3.06A (d) after said date shall revert to the City free and clear of any obligation to College or its lender. B. OBLIGATIONS OF COLLEGE Section 3.02A Construction Project. College shall: (a) Shall, provide and pay for: (1) the timely installation of the extension of sanitary sewer mains, potable water mains, electrical infrastructure, storm water detention cells, extension and paving of public and private roads and public sidewalks. (b) Construct or provide for the construction of all Private Improvements and Public Improvements in compliance with all applicable local, state, and federal building and construction laws and codes. (c) Until construction of the Project has been completed, make reports in such detail and at such times as may be reasonably requested by the City as to the actual progress of College with respect to construction of the Project. Such reports shall include actual expenditures incurred. Require any general contractor chosen by the College, to obtain and keep in force at all times until completion of construction, policies of insurance including coverage for contractors’ general liability and completed operations. (d) Retain copies of all supporting documents that are associated with the construction of the Project and that are received or generated by the College. ARTICLE IV DEFAULT, REMEDIES; INDEMNIFICATION Section 4.01 General Remedies of City and College. Subject to the further provisions of this Article IV, in the event of any failure to perform or breach of this Reimbursement Contract or any of its terms or conditions, by any party hereto or any successor to such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. Any curing of any default or breach by a Mortgage Holder of College shall be deemed to be a curing by College. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Reimbursement Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Reimbursement Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform or in breach of its obligations. The College hereby acknowledges and agrees that the City shall have completed its required performances and satisfied all of its obligations under this Reimbursement Contract upon payment of grant amounts to the College as set forth in this Reimbursement Contract. Page 83 of 202 7 Section 4.02 Forced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Reimbursement Contract, neither the City nor the College, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Project Area or any part thereof for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of forced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault including, but not restricted to, acts of God, pandemics, or of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes or delays in the issuance of any necessary permits and other governmental approvals; any delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over any portion of the Project Area, over the construction anticipated to occur thereon or over any uses thereof, or by delays in inspections or in issuing approvals by private parties or permits by governmental agencies, governmental requirements and/or shutdowns, or other labor disputes, damage to work in progress by reason of fire or other casualty, unavailability of labor or materials, default of general contractor or other contractors, or causes beyond the reasonable control of a party then, it being the purpose and intent of this provision that in the event of the occurrence of any such forced delay, the time or times for performance of the obligations of the City or of the College with respect to construction of the Project, as the case may be, shall be extended for the period of the forced delay: Provided, that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after the beginning of any such forced delay, have first notified the other party thereto in writing, and of the cause or causes thereof and requested an extension for the period of the forced delay. The provisions of this Section will not operate to excuse any party from the prompt payment of any monies required by this Reimbursement Contract. Section 4.03 Limitations of Liability; Indemnification. Notwithstanding anything in this Article IV or this Reimbursement Contract to the contrary, the City’s respective elected officials, officers, directors, appointed officials, employees, agents or their governing bodies shall have any pecuniary obligation or monetary liability under this Reimbursement Contract. The sole obligation of the City under this Reimbursement Contract shall be those covenants, promises, pledges, grants, responsibilities and liabilities stated herein. The College releases the City from, agrees that the City shall not be liable for, and agrees to indemnify and hold the City harmless from any liability for any loss or damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project; provided that, the College’s indemnification under this paragraph shall not apply to intentional misconduct and acts or omissions of the City or their respective elected officials, officers, directors, appointed officials, employees, agents and members of their governing bodies and further provided that, this indemnification shall only apply to the College and not to any other parties. College agrees to indemnify and hold City harmless to the extent of any payments in connection with carrying out completion of the Project the City may make, for failure of College to make payments of all amounts lawfully due to all persons, firms, or organizations who Page 84 of 202 8 performed labor or furnished materials, equipment, or supplies used in construction of the Project; provided that, the College’s indemnification under this paragraph shall not apply to intentional misconduct and negligent acts or omissions of the City or its respective elected officials, officers, directors, appointed officials, employees, agents and members of their governing bodies and further provided that, this indemnification shall only apply to the College and not to any other parties. The Redeveloper will indemnify and hold the City and its respective elected officials, directors, officers, appointed officials, agents, employees and members of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense (excluding litigation expenses, attorneys’ fees and expenses, or court costs), arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about that portion of the Project owned by the College, during the term of this Reimbursement Contract or arising out of any action or inaction of College, related to activities of the College or its agents during the construction of the public infrastructure or public right of ways in the Project; provided that, the College’s indemnification under this paragraph shall not apply to intentional misconduct and negligent acts or omissions of the City or its respective elected officials, officers, directors, appointed officials, employees, agents and members of their governing bodies and further provided that, this indemnification shall only apply to the College and not to any other parties. The City does not waive its governmental immunity by entering into this Reimbursement Contract and fully retain all immunities and defenses provided by law. ARTICLE V MISCELLANEOUS Section 5.01 Governing Law. This Reimbursement Contract shall be governed by the laws of the State of Nebraska, including but not limited to the Act. Section 5.02 Assignment or Conveyance. That prior to the completion of the Public Improvements, this Reimbursement Contract shall not be assigned by the College without the written consent of the City. Such consent shall not be unreasonably withheld, conditioned or delayed. Section 5.03 Binding Effect: Amendment. This Reimbursement Contract shall be binding on the parties hereto and their respective successors and assigns. The Reimbursement Contract shall not be amended except by a writing signed by the party to be bound. Section 5.04 Effective Date and Implementation of Reimbursement Contract. Page 85 of 202 9 This Reimbursement Contract is in full force and effect from and after the date of execution hereof by both the College and the City. Section 5.05 Notices to Parties. Notices to Parties shall be mailed by certified U. S. Mail, return receipt requested, postage prepaid, to the following addresses: To College: Joel L. King VP Administrative Services 3134 W. Hwy 34 PO Box 4903 Grand Island, NE 68802-4903 (308) 398-7315 To City: Grand Island City Clerk 100 E. 1st Street Grand Island, NE 68801 With Copy to: Stacy R. Nonhof Assistant City Attorney 100 E. 1st Street Grand Island, NE 68801 Section 5.06 Grants. The City and College agree that any grant paid hereunder to the College as reimbursement for the cost of the Public Improvements are for the benefit of the City and the public and are granted pursuant to the contract provisions described herein and that such grant funds are not under the dominion and control of the College and should not be construed as income to the College under the Internal Revenue Code Section 61 (I.R.C. § 61). Notwithstanding any contrary provisions herein, any grant(s) described in this Reimbursement Contract will be timely made by the applicable governmental entity. Section 5.07 Termination of the Reimbursement Contract. Notwithstanding any contrary provision, this Reimbursement Contract shall terminate without notice upon payment by the City in an amount not to exceed $500,000.00. Page 86 of 202 10 Section 5.08 Counterparts. This Reimbursement Contract may be executed in one or more counterparts which, when assembled, shall constitute an executed original hereof. Section 5.09 Effective Date of the Reimbursement Contract. This Reimbursement Contract shall not be effective and not be in full force and effect until approved by the Grand Island City Council. IN WITNESS WHEREOF, City and College have signed this Reimbursement Contract as of the date and year first above written. Page 87 of 202 11 CENTRAL COMMUNITY COLLEGE ATTEST: GRAND ISLAND, NEBRASKA ____________________________ By: __________________________________ Secretary Joel L. King, VP Administrative Services THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA ____________________________ By:________________________ Clerk Mayor Approved as to Form: __________________________________ Stacy R. Nonhof, Assistant City Attorney Page 88 of 202 R E S O L U T I O N 2023-221 WHEREAS, Central Community College (“CCC”) on September 20, 2022, presented a request to the City of Grand Island for up to $500,000.00 of the City’s Federal ARPA funds; and WHEREAS, the City of Grand Island on March 14, 2023, in Resolution 2023-71 agreed to allocate up to $500,000.00 in ARPA funds to CCC; and WHEREAS, the City and CCC have entered into a reimbursement agreement for up to $500,000.00 of ARPA funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor of the City of Grand Island is hereby authorized to sign the reimbursement contract between the City of Grand Island and Central Community College. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 89 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.k. Subject: #2023-222 - Approving Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2023-2024 Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: The Utilities Department Boiler and Machinery Property Peril and Fire insurance is specifically designed for Electric Utility and is readily adaptable to the Water Utility, which is also included in the coverage. The standard policy excludes losses due to acts of terrorism unless the optional Terrorism Insurance is accepted. The Utilities Department’s insurance provider, FM Global, provided the attached proposal for renewal of the present coverage. The complete policy is available in the Utilities office for review, along with a Policy Holder Disclosure form for execution by the City, either accepting or rejecting terrorism coverage. The renewal proposal and proposed policy have been reviewed by the Legal Department. DISCUSSION: The proposed renewal is based on an insured valuation of $565,500,894, an increase of 0.72% from the previous year, with the annual all-risk premium changing from $634,902 for the current year to $639,243 for the 2023-2024 year, and an annual Terrorism Insurance premium of $38,549. The increase in valuation is due to the current escalation of construction costs. FM Global has applied a 15% membership credit of $96,179 in recognition of the long relationship between FM and the City as well as a 5% resiliency credit of $32,060 for improvements to strengthen Department facilities from natural risks. This results in a total premium of $588,053, which includes the Terrorism Insurance and policy fee of $38,500 from our broker, FNIC. The probability that a relatively remote location in the central part of the nation would be targeted for a terrorist attack may be very unlikely, but the determination of a terrorist attack is not clearly defined, such as an attack like the Oklahoma City Federal Building. Regardless of the cause, the loss of a high valued asset as the Platte Generating Page 90 of 202 Station must be protected from risk, and the acceptance of Terrorism Insurance is recommended. Execution of the Notice of Terrorism Insurance Coverage form is required annually and is recommended by the Utilities Department for approval. FISCAL IMPACT: This annual item is $588,053.00 for the 2023-2024 year. 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 renewal of the Utilities Department’s Terrorism Insurance with FM Global with execution of the Notice of Terrorism Insurance Coverage form to accept that coverage. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 91 of 202 R E S O L U T I O N 2023-222 WHEREAS, the City’s Utility Department subscribes to insurance for boiler and machinery, property, peril and fire coverage; and WHEREAS, the boiler and machinery, property, peril and fire coverage insurance term expires October 1, 2023; and WHEREAS, the insurance of electric and water utilities facilities is a specialized market with a limited number of potential providers; and WHEREAS, a proposal to renew insurance for the 2023 – 2024 fiscal year was received from the current provider, Factory Mutual Insurance Company of St. Louis, Missouri, for a renewal premium, with discounts, of $588,053.00, and includes the terrorism coverage for $38,549.00; and WHEREAS, the City has opted to accept the optional Terrorism Insurance Coverage; and WHEREAS, the insurance provider requires that the City either except or reject Terrorism Insurance Coverage by executing the form provided. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Factory Mutual Insurance Company of St. Louis, Missouri, with premium in the amount of $588,053.00, and to execute the form to accept Terrorism Insurance Coverage, with a premium in the amount of $38,549.00. The Mayor is hereby authorized to sign the acceptance form for the Terrorism Insurance on behalf of the City of Grand Island. 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, September 12, 2023. _______________________________ Roger G. Steele, Mayor Attest: __________________________ Jill Granere, Deputy City Clerk Page 92 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.l. Subject: #2023-223 - Approving Bid Award - PGS Boiler Inspection and Repair - Fall Outage 2023 Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: During the Fall outage at Platte Generating Station, the boiler must be inspected and repaired for damages that occur during operation. The Fall 2023 Outage is currently scheduled for September 21, 2023 through November 4, 2023, during which time inspection and maintenance on the boiler will be performed. This package of work on the boiler includes hydro testing of the boiler with inspection for tube leaks and tube repairs, tube shield replacement, refractory repair, and burner replacement. Plant engineering staff developed the specifications issued for bidding this scope of work. DISCUSSION: The specification for the Boiler Inspection and Repair-Fall 2023 Outage was advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 29, 2023. Specifications were sent to three potential bidders and responses were received as listed below. Bidder Base Bid Locke AMI, LLC Olathe, Kansas $590,157.00 The Bid was reviewed by Utility Engineering staff and exceptions were noted. The exceptions from Locke AMI, LLC were reviewed and found to be acceptable. The bid from Locke AMI, LLC was otherwise found compliant. The bid received is a time and material estimate to support the scope of work. The invoiced amount will be in accordance with the proposed rate sheet and cost-plus invoicing. FISCAL IMPACT: For the 2023-2024 fiscal year, $3,600,000 has been budgeted for the maintenance of the boiler. The boiler inspection and repair scope of work for this outage was estimated to be $500,000.00 based on the last major outage in 2017. The Bid is based on time and materials and an estimated number of laborers to complete Page 93 of 202 the work. The bid from Locke AMI, LLC, based on the estimated hours for the outage, is $590,157.00. Utility staff is requesting Council approve the not-to-exceed $590,157.00. Utility staff will direct the contractor to complete the necessary work to keep the boiler in safe operational working order, and monitor contractor hours to keep the work within the 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 Council award the Contract for Boiler Inspection and Repair-Fall 2023 Outage to Locke AMI of Olathe, Kansas, as the low responsive bidder, for an amount not to exceed $590,157.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 94 of 202 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 29, 2023 at 2:00 p.m. FOR: Boiler Inspection and Repair – Fall 2023 Outage DEPARTMENT: Utilities ESTIMATE: $500,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: August 8, 2023 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Locke AMI Olathe, KS 66062 Bid Security: Continental Casualty Company Exceptions: Noted Bid Price: Materials: $ 3,270.00 Labor: $586,887.00 Sales Tax: $ 0 Total Bid: $590,157.00 cc: Ryan Schmitz, Interim Utilities Director Angela Schulte, Utilities Secretary Laura McAloon, City Administrator Patrick Brown, Asst. City Administrator Stacy Nonhof, Purchasing Agent Tylor Robinson, Plant Superintendent Karen Nagel, PGS Secretary Christy Lesher, Utilities Dept. P2454 Page 95 of 202 R E S O L U T I O N 2023-223 WHEREAS, the City of Grand Island invited sealed bids for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2023, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 29, 2023, bids were received, opened and reviewed; and WHEREAS, Locke AMI, LLC, of Olathe, Kansas, 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 $590,157.00; and WHEREAS, the bid of Locke AMI, LLC, is more than the estimate for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Locke AMI, LLC, for an amount not to exceed $590,157..00, for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2023, 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, September 12, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 96 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.m. Subject: #2023-224 - Approving Bid Award - Uranium Removal Tank Refurbishment Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: The City’s municipal water system is supplied primarily from its Platte River Well Field. This well field is comprised of 21 wells and a pumping station. Testing for State regulatory requirements in 2010 indicated composite uranium levels to be approaching the Maximum Containment Level (MCL) established by the EPA. On February 14th, 2012 Council approved a uranium removal water treatment plant at the wellfield with 10 year contract with Water Remediation Technology to maintain the system. In the last ten years the system has successfully kept the uranium levels well below the MCL. After 10 years of operation, the tanks require refurbishment. The system is made up of two tanks, with one tank to be refurbished in FY 2024 and the second tank in FY 2025. DISCUSSION: Specifications for the Uranium Removal Tank Refurbishment was advertised and issued for bid in accordance with the City Purchasing Code. Bids were solicitated from eight (8) potential bidders and there were four (4) responsive bidders. The engineer’s estimate for this project was $200,000.00 for each tank. Bids were publicly opened on August 29, 2023. Bidder 2024 Bid Amount 2025 Bid Amount Mongan Painting LLC $108,837.16 $116,029.71 McGill Restoration $106,449.15 $122,639.05 WS Bunch Co. Inc. $121,710.00 $133,822.00 TMI Coatings $169,600.00 $169,600.00 Bids were reviewed by Utility Engineering staff. The bid from Mongan Painting LLC was compliant with specifications and less than the engineer’s estimate. Page 97 of 202 FISCAL IMPACT: Budgetary Number = $200,000.00; Bid Amount = $108,837.16 for Fiscal Year 2023-2024. Bid Amount = $116,029.71 for Fiscal Year 2024-2025. 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 Uranium Removal Tank Refurbishment to Mongan Painting, LLC, of Cherokee, Iowa, as the responsive bidder, with the bid in the amount of $224,866.87 for the Fiscal Years 2023-2024 and 2024-2025. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 98 of 202 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 29, 2023 at 2:15 p.m. FOR: Uranium Removal Tank Refurbishment DEPARTMENT: Utilities ESTIMATE: $200,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: August 8, 2023 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Mongan Painting Cherokee, IA Bid Security: Hudson Insurance Company Exceptions: None 2024 – Tanks 1 & 2 2025 – Tanks 3 & 4 Material: $$29,705.74 Material: $ 34,013.25 Mobilization/ $ 2,425.00 Mobilization/ Demobilization Demobilization $ 2,910.00 Labor: $ 75,349.90 Labor: $ 77,641.45 Sales Tax: $ 1,356.52 Sales Tax: $ 1,465.01 Total Base Bid: $108,837.16 Total Base Bid: $116,029.71 Total Combined Bid: $224,866.87 Bidder: McGill Restoration Omaha, NE Bid Security: Universal Surety Company Exceptions: Noted 2024 – Tanks 1 & 2 2025 – Tanks 3 & 4 Material: $ 14,505.92 Material: $15,521.33 Mobilization/ $ 46,264.07 Mobilization/ $53,871.36 Demobilization Demobilization Labor: $ 44,664.55 Labor: $52,159.87 Sales Tax: $ 1,015.41 Sales Tax: $ 1,086.49 Total Base Bid: $106,449.15 Total Base Bid: 122,639.05 Total Combined Bid: $229,088.20 Page 99 of 202 Bidder: W.S. Bunch Co, Inc. Omaha, NE Bid Security: United Fire & Casualty Company Exceptions: None 2024 – Tanks 1 & 2 2025 – Tanks 3 & 4 Material: $ 12,276.00 Material: $13,505.00 Mobilization/ Mobilization/ Demobilization $ $3,870.00 Demobilization $ 4,257.00 Labor: $104,200.00 Labor: $114,620.00 Sales Tax: $ 1,364.00 Sales Tax: $ 1,500.00 Total Base Bid: $121,710.00 Total Base Bid: $133,822.00 Total Combined Bid: $255,592.00 Bidder: TMI Coatings, Inc. St. Paul, MN Bid Security: Swiss Re Corporate Solutions America Exceptions: None 2024 – Tanks 1 & 2 2025 – Tanks 3 & 4 Material: $ 8,000.00 Material: $ 8,000.00 Mobilization/ $ 10,000.00 Mobilization/ Demobilization Demobilization $ 10,000.00 Labor: $151,000.00 Labor: $151,000.00 Sales Tax: $ 600.00 Sales Tax: $ 600.00 Total Base Bid: $169,600.00 Total Base Bid: $339,200.00 Total Combined Bid: $339,200.00 cc: Ryan Schmitz, Interim Utilities Director Karen Nagel, Utilities Secretary Laura McAloon, City Administrator Patrick Brown, Asst. City Administrator Stacy Nonhof, Purchasing Agent Lynn Mayhew, Asst. Utilities Director P2455 Page 100 of 202 R E S O L U T I O N 2023-224 WHEREAS, the City of Grand Island invited sealed bids for Uranium Removal Tank Refurbishment, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 29, 2023, bids were received, opened and reviewed; and WHEREAS, Mongan Painting, LLC, of Cherokee, Iowa, 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 $224,866.87 for both tanks; and WHEREAS, the bid of Mongan Painting, LLC, is less than the estimate for Uranium Removal Tank Refurbishment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Mongan Painting, LLC, for the amount of $ 224,866.87, for B Uranium Removal Tank Refurbishment, 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, September 12, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 101 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.n. Subject: #2023-225 - Approving Bid Award - PGS Turbine Overhaul 2023 - Field Machining Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: A major inspection and overhaul of the turbine generator at the Platte Generating Station is performed every six years. The next overhaul is scheduled for the Fall of this year, 2023. During this inspection, the turbine generator is completely disassembled and all components are cleaned, inspected, repaired or replaced as necessary. Specifications were developed by the plant maintenance staff to contract off-site shop services responsible for cleaning, inspecting, and repairing selected components of the Platte Generating Station GE Lynn steam turbine. The Specifications include firm price estimates for known repairs to the high-pressure inner shell and valve sealing assemblies. Separate specifications are being developed for parts materials, shop services, and generator inspection contracts. DISCUSSION: Specifications for the Platte Generating Station Turbine Overhaul 2023 – Field Machining were advertised and issued for bid in accordance with the City Purchasing Code. The bid solicitation requested firm prices for repairs that were identified during the last inspection. Known repairs include in place grinding of the control valve sealing surfaces and removal and installation of one (1) new control valve seat. The bid also requested gage pricing for repairs that may be discovered during the upcoming inspection. Bids were solicitated from four (4) potential bidders and there were four (4) responsive bidders. The engineer’s estimate for this project was $500,000.00. Bids were publicly opened on August 24, 2023. Bidder Base Scope Gage Scope Total T&W Valve Machine Co Owensboro, Kentucky $210,000.00 $40,000.00 $250,000.00 Allied Power Group Houston, Texas $229,920.00 $47,090.00 $277,010.00 Page 102 of 202 GE Steam Power, Inc. Windsor, Connecticut $395,001.60 $235,308.60 $630,310.20 HPI, LLC Houston, Texas $426,564.00 N/A $441,133.26 Bids were reviewed by Utility Engineering staff and exceptions or clarifications were noted. The bid from T&W Valve Machine Co. was compliant with specifications and less than the engineer’s estimate. FISCAL IMPACT: Budgetary Number = $500,000.00; Bid Amount = $250,000.00 ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that Council award the Contract for the Platte Generating Station Turbine Overhaul 2023 – Field Machining to T&W Valve Machine Co. of Owensboro, Kentucky, as the responsive bidder, with a bid in the amount of $250,000.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 103 of 202 INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 24, 2023 at 2:15 p.m. FOR: Platte Generating Station Turbine Field Machining 2023 - Rebid DEPARTMENT: Utilities ESTIMATE: $500,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: August 8, 2023 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: T & W Valve Machine Co. Allied Power Group Owensboro, KY Houston, TX Bid Security: Merchants Bonding Co. Nationwide Mutual Insurance Co. Exceptions: Noted Noted Bid Price: Base Scope: $191,000.00 $229,920.00 Gage Scope: $ 41,000.00 $277,010.00 Bidder: HPI LLC GE Steam Power Inc. Houston, TX Windsor, CT Bid Security: SureTec Insurance Company Atlantic Specialty Insurance Co. Exceptions: Noted Noted Bid Price: Base Scope: $441,133.26 $395,001.60 Gage Scope: $742,900.00 $235,308.60 cc: Ryan Schmitz, Interim Utilities Director Karen Nagel, Utilities Secretary Laura McAloon, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tylor Robinson, Plant Superintendent Angela Schulte, Utilities Dept. P2456 Page 104 of 202 R E S O L U T I O N 2023-225 WHEREAS, the City of Grand Island invited sealed bids for Platte Generating Station Turbine Overhaul 2023 – Field Machining, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 24, 2023, bids were received, opened and reviewed; and WHEREAS, T&W Valve Machine Co., of Owensboro, Kentucky, 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 $250,000.00; and WHEREAS, the bid of T&W Valve Machine Co., is less than the estimate for Platte Generating Station Turbine Overhaul 2023 – Field Machining. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of T&W Valve Machine Co., in the amount of $250,000.00, for Platte Generating Station Turbine Overhaul 2023 – Field Machining, 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, September 12, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 105 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 9.o. Subject: #2023-226 - Approving Certificate of Final Completion - WMP 2023-W-1 - 18th Street and Indiana Ave Staff Contact: Ryan Schmitz BACKGROUND: Water Main Project 2023-W-1 has been completed by Myers Construction, Inc. of Broken Bow, Nebraska. This water main project installed approximately 765 linear feet of 6” diameter ductile iron water main by trenchless construction within 18th Street and Indiana Avenue. The project replaced the existing 6” water main which was subjected to multiple breaks over its lifetime. A site map is attached for reference. DISCUSSION: The project has been completed in accordance with the terms and conditions of the contract documents and plans.The final contract amount for the work was $266,487.44. FISCAL IMPACT: Budgeted amount = $315,000, Actual amount = $266,487.44 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: It is recommended that the Certificate of Final Completion for Water Main Project 2023-W-1, 18th Street and Indiana Avenue be presented for approval at the September 12, 2023 Council meeting. Page 106 of 202 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Map 2. Utility COFC 3. Mayor's COFC 4. Resolution Page 107 of 202 15th St EIndiana AveGunsmith TrlBuggy Whip Trl19th St E 18th St E Saint Paul Rd20th St E 2023-W-118th and Indiana´ Legend Water main / Principal de agua New water main / Nueva tuberia principal de agua Construction areas / Areas de construction Page 108 of 202 Page 109 of 202 Page 110 of 202 R E S O L U T I O N 2023-226 WHEREAS, the Engineer and Public Works Director have issued a Certificate of Final Completion for Water Main Project 2023-W-1 within 18th Street and Indiana Avenue of the City of Grand Island, Nebraska, certifying that Myers Construction, Inc. of Broken Bow, NE has completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the Engineer’s Certificate of Final Completion; and WHEREAS, the Mayor concurs with the recommendation of the Public Works Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2023-W-1 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 111 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 10.a. Subject: Public Hearing on Request from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, for a Class "C" Liquor License #2023-227 - Approving Request from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, for a Class "C" Liquor License and Liquor Manage Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska Staff Contact: Jill Granere 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: 1. 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; 2. To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and 3. 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: La Milagrosa Super Marker, LLC dba La Milagrosa Cafe, 116 West 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. Page 112 of 202 City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska. Susel Vazguez has not 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 Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska, contingent upon completing a state approved alcohol server/seller program. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: There is no fiscal impact. 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 113 of 202 09/08/23 Grand Island Police Department Officer Report for Incident L23081562 Nature: Liquor Lic Inv Address: 116 4TH ST W Location: PCID Grand Island NE 68801 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 09/07/23 When Reported: 08:50:09 08/18/23 Occurred Between: 08:50:09 08/18/23 and 08:50:09 08/18/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT21 LT21 Restaurant 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: 08:50:09 08/18/23 Disposition: CLO Date: 09/07/23 Judicial Status: Occurred between: 08:50:09 08/18/23 Misc Entry: and: 08:50:09 08/18/23 Modus Operandi: Description : Method : Involvements Date Type Description 09/08/23 Name Vazquez-Camejo, Susel A proposed manager Page 114 of 202 Officer Report for Incident L23081562 Page 2 of 5 09/08/23 08/18/23 Name Lopez-Hernandez, Zainab owner 08/18/23 Name La Milagrosa Cafe, business Page 115 of 202 Officer Report for Incident L23081562 Page 3 of 5 09/08/23 Narrative 309 Liquor Investigation Grand Island Police Department La Milagrosa Supermarket LLC, doing business as La Milagrosa Cafe, has applied for a class C liquor license; beer, wine and distilled spirits on and off sale; for a new restaurant located at 116 W 4th Street. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 116 of 202 Officer Report for Incident L23081562 Page 4 of 5 09/08/23 Supplement 309 La Milagrosa Cafe Grand Island Police Department Supplemental Report Date, Time:9-5-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID I received a liquor license application regarding La Milagrosa Super Market LLC wanting a new license issued for the business La Milagrosa Cafe located at 116 W 4th Street. Zainab Lopez Hernandez is listed as the owner of the LLC, and proposed liquor manager for the new business. Zainab does not report a spouse, and has lived in Grand Island since at least 2012. She, and the LLC, have been Grand Island business owners since at least 2014. I checked local Spillman filed, State of NE NCJIS files, and a paid law enforcement only database for relevant records. I first noted that Zainab does not have any warrants for her arrest. Zainab did not self disclose any convictions. I did not locate any convictions in local or State of Nebraska files. While Zainab does have come local contacts in Spillman, none were concerning and most centered on property owned by Zainab in calls for service. The law enforcement only database generally covers entries of a civil nature, such as bankruptcies, liens and judgments. Lopez Hernandez does not have any current or past entries in any of those areas. Proposed manager Susel Vazquez Camejo did not have active warrants for her arrest. In Spillman filed there were no entries of concern. In State of NE records I located two historical civil lawsuits that Susel was involved in, but no criminal history or convictions. The paid law enforcement only database did not have any concerning entries regarding bankruptcies or liens or judgements. NSP Investigator Todd Suchsland and I scheduled to meet Zainab and Susel at the new restaurant location. However, due to scheduling, rescheduling, and interpreter schedule issues, I was unable to meet with Zainab and NSP Suchsland last week. Todd was able to keep the appointment, and I contacted him afterwards. Investigator Suchsland advised that he found no concerns with Zainab or this application. He said he and Zainab covered the usual admonishments of cooperation with GIPD and reporting any issues, along with the Commision's list of concerns and enforcement related information. With no negative disclosures in my background search and Inv Suchsland's assurances, the Grand Island Police Department has no objection to La Milagrosa Market LLC, with Susel Vazquez Camejo as liquor manager, being issued a Class C Liquor License; beer, wine and distilled spirits on and off sale; for the new La Milagrosa Cafe at 116 W. 4th Street. Page 117 of 202 Liquor License Application:Class “C”: La Milagrosa Supermarket, LLC dba La Milagrosa Café ! ! ! ! ! ! !!!!! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ^_9th St W W h e eler A v e S 2nd St ELocust St SSouth Front St EEl m St N Plum St N 1st St E6th St EO a k St N Pine St S5th St ESouth Front St W 1st St W North Front St ECle b urn St N C e d ar St N 2nd St W3rd St W 3rd St E4th St E8th St W 7th 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 E d d y St N W h e eler A v e N Pin e St N Vin e St N L o c u st St N Waln ut St N S yc a m ore St N Court St E 116 W. 4th Street ¯ Legend ^_116 W. 4th Street !Licensed Locations Road Centerlines1 inch = 400 feet Page 118 of 202 R E S O L U T I O N 2023-227 WHEREAS, an application was filed by La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, 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 September 2, 2023; such publication cost being $14.40; and WHEREAS, a public hearing was held on September 12, 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 Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska for liquor manager contingent upon completing a stated approved alcohol sever/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 119 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 10.b. Subject: Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) #2023-228 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) Staff Contact: Keith Kurz BACKGROUND: The Claude Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. The Diers Avenue improvements would be the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project could involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Page 120 of 202 DISCUSSION: Public right-of-way is needed to accommodate the new Claude Road section from the proposed 18th Street, which is currently under construction, to State Street. The property owner has signed the necessary documents to grant the property, as shown on the attached drawing. Engineering staff of the Public Works Department negotiated with the property owner for such purchase. 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 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the public right-of-way from the affected property owner, in the total amount of $101,900.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. ROW Exhibit Page 121 of 202 R E S O L U T I O N 2023-228 WHEREAS, public right-of-way is required by the City of Grand Island for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, from property described as follows: Property Owner Legal Description Amount 3650, LLC A TRACT OF LAND CONSISTING OF PART OF LOT 2, 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID POINT ALSO BEING ON THE NORTH RIGHT- OF-WAY (R.O.W.) LINE OF 13TH STREET AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00o35’44”W ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 602.16 FEET; THENCE S06o05’34”E A DISTANCE OF 145.80 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 1515.00 FEET, A DELTA ANGLE OF 15o51’24”. AN ARC LENGTH OF 419.28 FEET AND A CHORD BEARING S14o01’16”E FOR A DISTANCE OF 417.94 FEET TO A POINT OF CONTINUED CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 85.00 FEET, A DELTA ANGLE OF 58o08’23”, AN ARC LENGTH OF 86.25 FEET AND A CHORD BEARING OF S51o01’10”E FOR A DISTANCE OF 82.60 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2, SAID LINE ALSO BEING THE NORTH R.O.W. LINE OF 13TH STREET; THENCE N89o54’03”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 174.68 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 29,111 SQUARE FEET MORE OR LESS. $101,900.00 Total= $101,900.00 WHEREAS, an agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. Page 122 of 202 - 2 - _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 123 of 202 Page 124 of 202 Page 125 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 11.a. Subject: Request to Approve Mayoral Appointment of City Engineer/Public Works Director Staff Contact: Laura McAloon BACKGROUND: In May 2022, Grand Island Public Works Director John Collins left employment with the City. As a result, the City Council voted to approve a contract with Government Professional Solutions (GPS) for the recruitment of the City Engineer/Public Works Director position. DISCUSSION: GPS's recruitment efforts resulted in the submittal of a total of six applications for the position of City Engineer/Public Works Director. Of those, four candidates were identified by GPS as semifinalists who were highly qualified for the position. GPS conducted video interviews of the four candidates. Two candidates were chosen for final selection by the Mayor. The Mayor provided an opportunity for the City Council to review the video interviews and provide their feedback on June 30, 2023. Based on those interviews, the consensus choice of the interview panelists for Grand Island City Engineer/Public Works Director is Keith Kurz, P.E., from the Grand Island Public Works Department. Mayor Roger Steele has offered Mr. Keith Kurz, P.E. the position of City Engineer/Public Works Director, subject to the City Council's approval of the Mayor's hiring decision pursuant to Grand Island City Code 2-30. Mr. Kurz will start his employment at Step 6 of the salary scale for the position. Additionally, an Employment Agreement between the City of Grand Island, NE and Keith Kurz has been prepared and included in the packet. FISCAL IMPACT: FY 23 costs are within existing budget authority for the position of City Engineer/Public Works Director. FY 24 Proposed Budget includes funding at top step for the position, therefore all fiscal impacts are addressed in the proposed budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Page 126 of 202 Move to approve the appointment of Kieth Kurz as City Engineer/Public Works Director. Move to disapprove the appointment of Kieth Kurz as City Engineer/Public Works Director. RECOMMENDATION: Mayor Steele and the Council interview participants recommend approval of the hiring of Mr. Kurz as City Engineer/Public Works Director. SAMPLE MOTION: Move to approve the hiring of Keith Kurz as City Engineer/Public Works Director. ATTACHMENTS: 1. PW director agreement Page 127 of 202 Employment Agreement City of Grand Island, Nebraska and Keith Kurz This Agreement, made and entered into this _____ day of __________, 2023, by and between the City of Grand Island, Nebraska, a city of the first class and Nebraska municipal corporation, conducting its principal business at 100 East First Street, Grand Island, Nebraska 68802-1968 (hereinafter called "Employer" or "City"); and Keith Kurz, P.E., an adult person currently residing in Grand Island, Nebraska (hereinafter called "Employee") and possessing the education, training, and experience in engineering as required by state and local laws, both of whom agree as follows: Section 1: Term and Termination This Agreement shall be in effect as of the City Council's approval of the Mayor's appointment of Employee as City Engineer/Public Works Director and shall thereafter remain in full force and effect until terminated by the Employer or Employee. Termination of this Agreement by either party shall be effective upon the delivery of written notice of termination or resignation to the other party. Employer shall provide not less than two (2) weeks written notice of termination or non-renewal of the Mayoral appointment. Nothing in this Agreement shall limit Employee’s right to voluntarily resign or Employer’s right to discharge Employee in accordance with the City’s Personnel Rules and Regulations. Employee’s resignation shall be in accordance with Section 5 of this Agreement. Section 2: Duties and Authority Employer agrees to hire and employ Employee as City Engineer/Public Works Director, and Employee agrees to and shall perform the functions, duties, and authority of the City Engineer/Public Works Director for the Employer, pursuant to the terms and conditions set forth in this Agreement and the applicable provisions of Nebraska state law and the Grand Island City Code; and to perform such other legally permissible and proper duties consistent therewith, as directed, from time to time, by the Mayor of the City. Section 3: Compensation A.Upon the effective date of this Agreement, Employer agrees to pay Employee an annual base salary starting at Step 6 of the current Public Works Director pay scale in the amount of Two Hundred Four, Seven Hundred Sixty Three Dollars and Fifty- seven Cents ($204,763.57), payable in biweekly installments at the same time and manner that other employees of the Employer are paid. B.This Agreement shall be automatically amended to reflect any salary adjustments that are provided or required by Employer's compensation policies, to include benefit and salary adjustments on the same basis as other non-represented employees, Page 128 of 202 step increases and those set forth in this Agreement, if different. C.Employee shall also receive all Employer paid benefits and additional compensation as shall be provided to other non-represented employees of the City. Section 4: Severance A.In the event Employee is not retained and appointed to the position of City Engineer/Public Works by a newly-elected Mayor, the Employer shall provide Employee with a minimum severance payment equal to six (6) months of compensation at Employee’s then current rate of pay, up to a maximum of nine (9) months compensation, including paid holidays. This severance shall be paid in a lump sum, unless otherwise agreed to by the Employer and the Employee. The Employee shall also be compensated for all accrued and unused sick leave at the daily rate then paid to employees, accrued and unused vacation, and all paid holidays not yet observed in the severance payment period. The Employer shall continue to pay the cost of Employee’s existing health, life, disability, or other Employer paid benefits of the Employee in effect as of the expiration of the appointing Mayor’s term. B.T h e severance compensation payment amount due Employee shall increase by one (1) month for each full year the Employee is employed by the Employer under this Agreement, i.e., seven (7) months of severance compensation after one year of employment as City Engineer/Public Works Director; eight (8) months after two full years of employment; and nine (9) months after three full years of employment. C.The severance compensation provided in this Section 4 shall not be paid to Employee in the event of any termination of this Agreement for any reason other than the failure of a newly-elected Mayor to appoint Employee as City Engineer/Public Works Director. Nothing in this Agreement shall be interpreted to provide Employee a guaranteed continued employment in the appointed position of City Engineer/Public Works Director. Section 5: Resignation If Employee voluntarily resigns or retires from their duties as City Engineer/Public Works Director, Employee shall provide a minimum of one (1) month written notice to the Mayor, City Administrator and Human Resources Director, unless the parties agree otherwise. Upon resignation, the Employer shall not be obligated to pay Severance, but shall pay any accrued and unused vacation and/or sick leave, and any other benefits due in accordance with the Personnel Rules & Regulations then in effect. Section 6: Changes to City Code In the event Article 2-III of Chapter 2 Administration of the Grand Island City Code is amended to remove the statutory duties and appointment of the City Engineer from the duties of the Public Works Director, the parties agree this Agreement shall be null and void upon the effective date of the amending ordinance. Page 129 of 202 Section 7: Indemnification To the maximum extent permitted by law, the Employer must defend, save harmless, and indemnify the Employee from and against any costs, fines, judgments, fees, expenses, damages, suits, claims, demands, actions, or awards, including but not limited to Employee's reasonable attorney's fees incurred in such action and in enforcing this indemnification provision, incurred in connection with any tort, statutory, constitutional, professional liability, or other cause of action, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Public Works Director, even if said claim is brought/filed following Employee's separation from employment or based upon Employee's own alleged negligence or misconduct, provided that at the time of the alleged act or omission, the Employee was then acting within the scope of their duties. Under these circumstances only, the Employer (and/or its insurer) must pay the amount of any settlement or judgment rendered thereon, and further, the Employer (and/or its insurer) may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon without recourse to the Employee. In connection with those claims or suits involving the Employee in their professional capacity, the Employer must defend the Employee and/or must retain and pay for an attorney to represent the Employee (including all fees and costs) in connection with any such suit, claim, complaint, mediation, arbitration, or similar actions. This Section survives the termination of this Agreement. Section 8: Other Terms and Conditions of Employment A.Employer, upon agreement with Employee, may amend any such other employment terms and conditions as they may determine, from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Grand Island City Code, or any other law. B.Unless otherwise provided in this Agreement, the Employee shall be governed by State law, Grand Island City Code, Employer's Personnel Rules & Regulations, or by practice; provided, Employee shall not be required to serve a probationary period for the position of City Engineer/Public Works Director. Employee’s performance evaluation period (anniversary date) shall start upon the effective date of this Agreement. Section 9: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1)EMPLOYER: Mayor, 100 East First Street, Grand Island, NE 68802 (2)EMPLOYEE: Then current address in personnel records. Alternatively, notice required pursuant to this Agreement may be personally delivered to Employee or Employer. Notice shall be deemed given as of the date of personal service Page 130 of 202 or three (3) days after the date of mailing. Section 10: General Provisions A.Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. This Agreement may be amended only by an express written agreement signed by the Employer and Employee. Such amendments shall be incorporated and made a part of this Agreement. B.Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest, if any. C.Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. D.Precedence. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of Employer's policies, rules, regulations or permissive local, state or federal laws, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over contrary provisions for so long as this Agreement remains in effect. E.Laws and Venue. This Agreement shall be construed, interpreted, and enforced in accord with the laws of the State of Nebraska. All disputes shall be resolved solely by a state court of competent jurisdiction located in Hall County, State of Nebraska. Signed this ___day of _______, 2023. _______________________________________ Roger G. Steele, Mayor _________________________________________ Keith Kurz, Employee Page 131 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 11.b. Subject: Request for Consideration of Referring Blight Study for Proposed Area #39 to the Regional Planning Commission Staff Contact: Chad Nabity BACKGROUND: Enclosed you will find a copy of a Substandard and Blight Study as prepared for Chief Industries. This study is approximately 150 acres of property west of U.S. Highway 281 north and south of Wildwood Drive.The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. Chief Industries has submitted this study for the review and consideration of the Grand Island City Council as permitted by Nebraska law. The decision on whether to declare an area blighted and substandard is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. If the study is approved it is anticipated that an application for Tax Increment Financing would follow. The question before Council will be whether to send the study to the Planning Commission for its review and feedback. If the item is not sent to the Planning Commission, the Council cannot declare the area blighted and substandard. Planning Commission will meet October 11th, and would have a recommendation ready following that meeting. Once an area has been declared blighted and substandard, the CRA can accept redevelopment proposals for the area. Chief Industries through their subsidiary Wlidwood Business Park LLC has purchased a majority of the property north of Wildwood Drive. They are interested in developing this property for commercial uses and the property was rezoned for commercial uses in July. DISCUSSION: The action item tonight relates to the study for proposed CRA Area No. 39 in southern Grand Island as shown below. The study was prepared for 150 acres, all of which are in the Grand Island City Limits. Page 132 of 202 The Grand Island City Attorney's Office has reviewed the Nebraska Statutes and case law pertaining to the declaration of property as blighted and substandard. It's comments on this application are as follows: The statutes which provide for the creation of a redevelopment area or redevelopment project within a redevelopment area require the following procedure: • A request is made to the city council to declare an area to be substandard and blighted and in need of development for purposes of enabling the creation of a redevelopment area or a redevelopment project within a redevelopment area. • The city council submits the question of whether an area is substandard and blighted to the planning commission for its review and recommendation prior to making its declaration that an area is substandard and blighted. • The planning commission must hold a public hearing and submit its written recommendations within 30 days of holding a public hearing on the request. • Upon receipt of the recommendations from the planning commission the city council may make its findings and declaration with respect to the property within an area. • Unless the city council of the city in which such area is located has, by resolution adopted after a public hearing with notice, declared such area to be a substandard and blighted area in need of redevelopment, the Community Redevelopment Agency cannot prepare a redevelopment plan for a redevelopment project area. Page 133 of 202 • Following a declaration that an area is substandard and blighted, the Community Redevelopment Agency is authorized to prepare or cause to be prepared and recommend redevelopment plans to the governing body of the city and to undertake and carry out redevelopment projects within its area of operation and may enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may deem necessary to prevent a recurrence of substandard and blighted areas or to effectuate the purposes of the Community Development Law, and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan. Within the area of operation of the Community Redevelopment Authority, the authority may exercise its statutory powers with respect to the redevelopment project. Neb. Rev. Stat. §§ 18-2107; 18-2109. As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998): A CRA is not authorized to prepare a redevelopment plan for a redevelopment project area unless the governing body of the city first enacts a resolution declaring such area to be “a substandard or blighted area in need of redevelopment.” § 18–2109. After such a declaration has been made and a redevelopment plan has been prepared and approved, a CRA is authorized to enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the may deem necessary to prevent a recurrence of substandard or blighted areas and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan.§ 18–2107(4). The CRA may utilize tax increment financing to pay for redevelopment projects undertaken pursuant to CDL. § 18–2124. “Under this statutory scheme, a private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area.The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment.” Fitzke, id, citing Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The legislative intent underlying the Community Development Law is the elimination of blighted and substandard areas and to prevent the reoccurrence of blight through a cooperative effort of the public and private sectors, not to aid private developers. Fitzke, id. At this point, Council is only making a decision about whether to forward the study to the Planning Commission for its recommendation or not. According to NRSS §18- 2109, it is clear that the Planning Commission must hold a public hearing and have the Page 134 of 202 opportunity to review the Blight Study prior to Council declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight, State Statute requires that the question of whether an area is substandard and blighted is submitted to the Planning Commission for hearing, review and recommendation. Blighted Area of the Community The City of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of September 5, 2023, 25.31% of the City has been declared blighted and substandard. Area 39 would add 150 acres to the total of blighted and substandard property and would, if approved, add 0.77% to the total area declared blighted and substandard bringing the total to 26.08%. This is further modified, as allowed by statute, by reducing the total by the amount that is also declared extremely blighted; 1199.09 acres or 6.13%. The net blighted and substandard area in Grand Island is 19.95%, well below the 35% maximum. It does not appear that the declaration of Area 39 would significantly impact the City’s ability to declare other areas blighted and substandard. FISCAL IMPACT: Approval of this study will not have any fiscal impact but it is the first step in approving a project using tax increment financing. Tax increment financing, if approved will defer property taxes on the improvements to the property for a period of up to 15 years for all taxing entities, including the City. The additional taxes would be used to support the development of this property. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to forward the Study to the Planning Commission for its recommendation. 2. Move to not forward the Study to the Planning Commission for its recommendation. 3. Refer the issue to a committee. 4. Postpone the issue to future date. 5. Take no action on the issue. RECOMMENDATION: Move to forward the Study to the Planning Commission for their review and recommendation. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Blight Study Study Area 39 Page 135 of 202 City of Grand Island, NE Blight and Substandard Study Area #39 August 2023 Page 136 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within Study Area 39 of the City of Grand Island. This study has been commissioned by Chief Industries to analyze the possibility of declaring the area as blighted and substandard within this specific study area. The Hall County Regional Planning Commission and Grand Island City Council, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program; disaster assistance; effect. The statute reads: “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, Page 137 of 202 Blight and Substandard Study – Area 39 Page 2 City of Grand Island, NE – Area 39 • August 2023 diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is only for a portion of the corporate limits of the city which has not previously been so designated. The Study is intended to give the Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the city’s jurisdiction and as allowed under Chapter 18, Page 138 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 3 Section 2123.01. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities, and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include:  The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and;  A list of the conditions present, which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets the entire corporate limits of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses are vacant, residential, and public. Through the redevelopment process, the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City is intended to redevelop and improve areas of the community. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the city. The following is the description of the designated area within the City of Grand Island. Point of beginning (POB) is the northwest corner of a tract referred to as Alda Twp Pt SE ¼ NE ¼ and pt E ½ SE ¼ of 1-10-10; thence southerly along the west property line of said track to the SE corner of said track; thence southerly along the west boundary of a subdivision referred to as Wildwood Subdivision to the SE corner of said subdivision; thence, easterly along the south boundary of said subdivision and continuing easterly to the intersection with the centerline of US Highway 281; thence, northerly along said centerline to the intersection between said centerline and the extended north boundary of a tract referred to as Alda Twp Pt SE ¼ NE ¼ and pt E ½ SE ¼ of 1-10-10; thence, westerly along the northern boundary to the POB. Total area is +/- 150.0 acres. Study Area Figure 1 Study Area Map Page 139 of 202 Blight and Substandard Study – Area 39 Page 4 City of Grand Island, NE – Area 39 • August 2023 Figure 2 Existing Land Use Map Source: Google Earth and MPC EXISTING LAND USE The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts either benefitting or detracting from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Figure 3 Existing Land Use Breakdown Source: Marvin Planning Consultants 2022 Tansportation / ROW 13.00% Vacant 60.00% Industrial 27.00% Page 140 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 5 Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of the tract in the study area. These data from the survey are analyzed in the following paragraphs. Figure 3 shows the uses present in the study area are residential, public, and vacant. The majority of the study area is vacant (60%); while 27% is industrial. FINDINGS OF BLIGHT AND SUBSTANDARD CONDITIONS ELIGIBILITY STUDY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. Contributing Factors There were a number of conditions examined and evaluated in the field and online. These conditions will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Deterioration of Site or Other Improvements Sidewalk Condition Sidewalks, regardless of the area and uses within a community, should provide a safe means of movement for pedestrians. Sidewalks become increasingly more important along transportation routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while keeping people off heavily traveled streets. The sidewalk conditions analyzed in the Study Area were rated on five categories: Excellent, Good, Average, Fair, and Poor or Missing. Within the study area there is approximately 11,170 lineal feet or 2.1 miles of area where sidewalk could or should be located. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area:  0 (0.00%) lineal feet of Excellent sidewalk  0 (0.00%) lineal feet of Good sidewalk  0 (0.00%) lineal feet of Average sidewalk  0 (0.00%) lineal feet of Fair sidewalk  11,170 (100.0%) lineal feet of Poor or Missing sidewalk There is no sidewalk present in the study area. Sidewalk is critical to the overall pedestrian movement of an area long-term. Even sidewalk constructed, which at present there is none, will eventually connect to several portions of the community. There is a portion of sidewalk that was laid by property owners, though it does not connect throughout the neighborhood, and is not ADA compliant. Because 100.0% of the area is missing sidewalk, sidewalks are considered a direct contributing factor. Photo 1 Photo 2 Page 141 of 202 Blight and Substandard Study – Area 39 Page 6 City of Grand Island, NE – Area 39 • August 2023 Figure 4 Sidewalk Condition Source: Marvin Planning Consultants 2022 Curb and Gutter Curb and Gutters have a number of direct and indirect roles in communities. Their primary function is to be a barrier to collect and direct water to be drained away. On a secondary level, they can help define where the streets start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area were examined similarly to sidewalks. The curb and gutter were graded as either Excellent, Good, Average, Fair, and Poor or Missing. Within the study area there is approximately 11,170 lineal feet of curb and gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions break down within the corporate limits:  0 (0.0%) lineal feet of Excellent curb and gutter  0 (0.00%) lineal feet of Good curb and gutter  0 (0.00%) lineal feet of Average curb and gutter  0 (0.00%) lineal feet of Fair curb and gutter  11,170 (100.00%) lineal feet of Poor or Missing curb and gutter Photo 3 Photo 4 Legend: Missing Page 142 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 7 Due to the study area completely missing curb and gutter, curb and gutter conditions would be a direct contributing factor. Figure 4 Sidewalk Condition Source: Marvin Planning Consultants 2022 Factors Which Are Impairing And/or Arresting Sound Growth Factors which are impairing and/or arresting growth are present within the entire study area. Some of these factors are more obvious than others. One of the factors is the lack expansion within the Wildwood Subdivision. The ability of this area to expand or grow is limited due to a lack streets leading west or south from this development. Industrial subdivisions are similar to residential subdivisions in that there should be movement between different areas. This creates better connectivity but is critical to allowing for secondary egress points from developments. Egress is another issue within this area in that the Wildwood Subdivision only has one means of egress. If a catastrophic event occurred in the area and near Wildwood Drive, egress could be seriously hindered. Photo 5 Photo 6 Legend: Missing Page 143 of 202 Blight and Substandard Study – Area 39 Page 8 City of Grand Island, NE – Area 39 • August 2023 The next factor is actually US Highway 281. As far as future development on the vacant areas of this study area, NDOT will likely limit ingress and egress to this area via Wildwood Drive and drive west of Platte Valley Blvd., this is nearly a ½ mile stretch. Dangerous conditions to life or property due to fire or other causes. This study area has a number of conditions making for dangerous conditions to life and property due to fire or other causes. This developed portion of this study area has several industrial/warehousing uses. In a number of cases there is outdoor storage of products which are not fenced in to keep unwanted persons out of the area. Within these areas are equipment/machinery, salvaged automobiles, and potentially chemicals based upon some of the equipment present. These areas need to be fenced in order to protect trespassers from being harmed. Photo 7 Photo 8 Photo 9 Photo 10 Page 144 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 9 Structural Conditions Structural conditions were evaluated, structures were either rated as: Excellent, Very Good, Good, Average, Fair, Poor or Very Poor. The data and rating system come from the Hall County Assessor’s database and is the same database used to value properties in the area. According to the data there are five structures in the Study Area. Based upon the data provided to the planning team, the following is the breakdown for structures in the Study Area:  0 (0.00%) structures rated as Excellent  0 (0.00%) structure rated as Very Good  13 (36.00%) structures rated as Good  23 (64.00%) structures rated Average  0 (0.00%) structures rated Fair  0 (0.00%) structures rated Poor  0 (0.00%) structure rated as Very Poor Figure 5: Structure Conditions Based upon these data, an assumption has been made that average condition and less would constitute the possibility of some or considerable deterioration. It is common for older structures to need more maintenance and upkeep in order to maintain a good or higher condition. Even a structure rated as normal will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Overall, 60.00% of the structures in this Study Area are considered to in average conditions. Legend: Very Good Good Average Page 145 of 202 Blight and Substandard Study – Area 39 Page 10 City of Grand Island, NE – Area 39 • August 2023 Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Age of Structures Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note that the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Assessor’s website. Table 1: Average Structural Age of Commercial Units - 2023 Year Age Square Footage – Older than 40 years Square Footage – Newer than 40 years 1960 63 320 1960 63 320 1960 63 4,000 1960 63 600 1960 63 4,000 1960 63 600 1960 63 320 1960 63 320 1973 50 2,365 1973 50 6,020 1973 50 1,600 1973 50 2,400 1975 48 1,500 1975 48 7,000 1975 48 8,670 1975 48 7,500 1975 48 3,726 1978 45 6,560 1979 44 4,620 1980 43 1,600 1980 43 4,000 1980 43 400 1980 43 7,500 1981 42 400 1981 42 4,725 1984 39 5,920 1990 33 7,546 1997 26 2,418 1999 24 2,700 1999 24 1,300 2002 21 1,650 2004 19 2,400 2005 18 2,262 2011 12 9,853 2011 12 1,892 2011 12 9,430 2014 9 1,500 2015 8 4,300 2015 8 4,320 2017 6 8,100 2021 2 2,376 74,846 67,967 52.4% 47.6% Source: Hall County Assessor’s and Marvin Planning Consultants 2021 Page 146 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 11 Age of Structure Within the study area there are 41 structures, according to the Hall County Assessor. After researching the structural age on the Hall County Assessor’s website, 25 (61.0%) units were determined to be 40 years of age or older. The analysis indicated in the past by the Nebraska State Auditor’s Office that all structure must average 40 years of age or more is not present. Nebraska Revised Statutes refer to age in the following manner, “…the average age of the residential or commercial units in the area is at least forty years;…” Within commercial land uses, one of the standards of measure includes square footage; therefore, similar to the approach used for CRA Area 9 (Grand Island Mall), square footage was examined as opposed to actual age. When adding up all of the square footages of the existing structures acknowledged by the assessor’s office, the following is found:  There is a total of 149,033 square feet present in the study area  81,066 square feet are 40 years of age or older (54.39%) see Table 1  67,967 square feet are less than40 years of age (45.61%) see Table 1  Therefore the average unit (square feet) is more than 40 years of age at 49.21 years. Blighting Summary These conditions are contributing to the blighted conditions of the study area.  Deterioration of site or other improvements o Curb and gutter are missing throughout 100% of the study area. o Streets through the study area were of an average condition. o Sidewalks are missing within 100.0% of the entire study area.  Insanitary and Unsafe Conditions o Lack of curb and gutter could lead to ponding of water. Water ponding can become a breeding ground for communicable diseases. Criteria under Part B of the Blight Definition The average age of the residential or commercial units in the area is at least forty years.  25 (61.0%) buildings or improvements were determined to be 40 years of age or older.  The average unit (square feet) is over 40 years of age. Those units over 40 years of age average 49.21 years of age. These other criteria for Blight were present in the area:  Diversity of Ownership Factors Which Are Impairing And/or Arresting Sound Growth Dangerous conditions to life or property due to fire or other causes. These other criteria for Blight were not present in the area, these included:  Faulty lot layout.  Improper subdivision or obsolete platting.  Stable or decreasing population based on the last two decennial censuses.  Tax or special assessment delinquency exceeding fair value of the land.  Defective or unusual condition of title.  Unemployment in the designated area is at least 120% of the state or national average.  One-half of unimproved property is over 40 years old.  The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Page 147 of 202 Blight and Substandard Study – Area 39 Page 12 City of Grand Island, NE – Area 39 • August 2023 Substandard Conditions Average Age of Structures Average age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Hall County Assessor’s website. Table 1: Average Structural Age of Commercial Units - 2023 Year Age Square Footage – Older than 40 years Square Footage – Newer than 40 years 1960 63 320 1960 63 320 1960 63 4,000 1960 63 600 1960 63 4,000 1960 63 600 1960 63 320 1960 63 320 1973 50 2,365 1973 50 6,020 1973 50 1,600 1973 50 2,400 1975 48 1,500 1975 48 7,000 1975 48 8,670 1975 48 7,500 1975 48 3,726 1978 45 6,560 1979 44 4,620 1980 43 1,600 1980 43 4,000 1980 43 400 1980 43 7,500 1981 42 400 1981 42 4,725 1984 39 5,920 1990 33 7,546 1997 26 2,418 1999 24 2,700 1999 24 1,300 2002 21 1,650 2004 19 2,400 2005 18 2,262 2011 12 9,853 2011 12 1,892 2011 12 9,430 2014 9 1,500 2015 8 4,300 2015 8 4,320 2017 6 8,100 2021 2 2,376 74,846 67,967 52.4% 47.6% Source: Hall County Assessor’s and Marvin Planning Consultants 2022 Age of Structures Within the study area there are 41 structures, according to the Hall County Assessor. After researching the structural age on the Hall County Assessor’s website, 25 (61.0%) units were determined to be 40 years of age or older. Page 148 of 202 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 13 The analysis indicated in the past by the Nebraska State Auditor’s Office that all structure must average 40 years of age, or more is not present. Nebraska Revised Statutes refer to age in the following manner, “…the average age of the residential or commercial units in the area is at least forty years;…” Within commercial land uses, one of the standards of measure includes square footage; therefore, similar to the approach used for CRA Area 9 (Grand Island Mall), square footage was examined as opposed to actual age. When adding up all of the square footages of the existing structures acknowledged by the assessor’s office, the following is found:  There is a total of 149,033 square feet present in the study area  81,066 square feet are 40 years of age or older (54.39%) see Table 2  67,967 square feet are less than 40 years of age (45.61%) see Table 2  Therefore, the average unit (square feet) is more than 40 years of age at 49.21 years. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” Study Area #39 meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #39 Blight Study Area #39 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions  The average age of the residential or commercial units in the area is at least forty years.  Deterioration of site or other improvements  Insanitary and Unsafe Conditions  Diversity of Ownership.  Factors Which Are Impairing And/or Arresting Sound Growth  Dangerous conditions to life or property due to fire or other causes. Substandard Conditions  Average age of the structures in the area is at least 40 years. Page 149 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 12.a. Subject: #2023-229 - Approving FY2023-2024 General Property and Community Redevelopment Authority (CRA) Tax Request Staff Contact: BACKGROUND: Legislative Bill 103 was signed into law in 2019 stating if the annual assessment of property would result in an increase in the total property taxes levied by a county, municipality, school district, learning community, sanitary and improvement district, natural resources district, educational service unit, or community college, as determined using the previous year’s rate of levy, such political subdivision’s property tax request for the current year shall be no more than its property tax request in the prior year, and the political subdivision’s rate of levy for the current year shall be decreased accordingly when such rate is set by the county board of equalization pursuant to section 77-1601 of the Revised Statutes of Nebraska. If the City of Grand Island seeks to set its property tax request at an amount that exceeds its property tax request from the prior year, it may do so after holding a public hearing and by passing a resolution or ordinance. DISCUSSION: 2023 Valuations for the City of Grand Island increased over the 2022 valuation by $607,553,916 or 15.9%. If the City applied the FY2022-2023 mill levy of 0.3394 to the new valuation of $4,428,935,549, the City’s Property Tax revenue would be $15,031,807, a tax increase of $2,063,128 over the prior year. The City and Community Redevelopment Authority tax ask for FY2024 is $12,983,258. If the City applies the FY2022-2023 Property Tax Ask of $12,207,540 to the new valuation, there would be no tax increase and the mill levy would decrease to 0.275631. The CRA property tax ask is $775,718 which is a tax increase of $22,659. The CRA mill levy would decrease from 0.019706 to 0.017515. The following is a breakdown of mill levies for City General and CRA property tax request. Page 150 of 202 Entity 2023 Mill Levy 2024 Proposed Mill Levy City General Property Tax Levy 0.319454 0.275631 City General Property Tax Levy for CRA 0.019706 0.017515 Total General Property Tax Levy 0.339160 0.293146 FISCAL IMPACT: Requesting a total of $12,983,258 in Property Taxes for FY2024. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: Approve decreasing the mill levy to 0.275631 in order to request $12,207,540 of Property Tax for City general and decreasing CRA’s mill levy to 0.017515 in order to request $775,718 of Property Tax for FY2024 for a total request of $12,983,258. SAMPLE MOTION: Move to approve the General Property Tax Request for City and CRA. ATTACHMENTS: 1. Resolution Page 151 of 202 R E S O L U T I O N 2023-229 WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the Governing Body of the City of Grand Island, Nebraska passes by a majority vote a resolution or ordinance setting the tax request; and WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The 2023-2024 City General property tax request be set at $12,983,258 of which $12,207,540 is designated for City General property tax and $775,718 is designated for Community Redevelopment Authority (CRA). 2. The total assessed value of property differs from last year’s total assessed value by 15.9%. 3. The City General property tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $0.275631 per $100 of assessed value. 4. The City General property tax rate designated for CRA which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $0.017003 per $100 of assessed value. 5. The City of Grand Island, Nebraska proposes to adopt a City General property tax request that will cause its tax rate to be $0.275631 per $100 of assessed value. 6. The City of Grand Island, Nebraska proposes to adopt a City General property tax request designated for CRA that will cause its tax rate to be $0.017515 per $100 of assessed value. 7. Based on the proposed property tax request and changes in other revenue, the total operating budget of the City of Grand Island, Nebraska will increase last year’s by 13%. 8. A copy of this resolution be certified and forwarded to the County Clerk on or before October 10, 2023. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 152 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 12.b. Subject: #2023-230 - Approving FY2023-2024 Parking District #2 (Ramp) Tax Request Staff Contact: Patrick (Pat) Brown BACKGROUND: Legislative Bill 103 was signed into law in 2019 stating if the annual assessment of property would result in an increase in the total property taxes levied by a county, municipality, school district, learning community, sanitary and improvement district, natural resources district, educational service unit, or community college, as determined using the previous year’s rate of levy, such political subdivision’s property tax request for the current year shall be no more than its property tax request in the prior year, and the political subdivision’s rate of levy for the current year shall be decreased accordingly when such rate is set by the county board of equalization pursuant to section 77-1601 of the Revised Statutes of Nebraska. If the Downtown Improvement District #2 (Ramp) seeks to set its property tax request an amount that exceeds its property tax request from the prior year, it may do so after holding a public hearing and by passing a resolution or ordinance. DISCUSSION: 2023 Valuations for the Downtown Improvement District #2 (Ramp) increased over the 2022 valuation by $8,155,286 or 12.2%. The Downtown Improvement District #2 (Ramp) is requesting an increase in Property Tax of $1,010 thereby increasing the mill levy from 0.012039 to 0.012076. The Downtown Improvement District #2 (Ramp) Property Tax revenue request is $9,090. FISCAL IMPACT: Requesting $9,090.00 in Property Taxes for Parking District #2 (Ramp) for FY2024. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. Page 153 of 202 3. Postpone the issue to a future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: Administration recommends to approve the Downtown Improvement District #2 (Ramp) Property Tax request of $9,090 and set the mill levy at 0.012076. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 154 of 202 R E S O L U T I O N 2023-230 WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the Governing Body of the City of Grand Island, Nebraska passes by a majority vote a resolution or ordinance setting the tax request; and WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The 2023-2024 Downtown Improvement District #2 (Ramp) property tax request be set at $9,090.00. 2. The total assessed value of property differs from last year’s total assessed value by 12.2%. 3. The tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $0.010734 per $100 of assessed value. 4. The Downtown Improvement District #2 (Ramp) proposes to adopt a property tax request that will cause its tax rate to be $0.012076 per $100 of assessed value. 5. Based on the proposed property tax request and changes in other revenue, the total operating budget of the Downtown Improvement District #2 (Ramp) will exceed last year’s by 16.3%, a difference of $3,000. 6. A copy of this resolution be certified and forwarded to the County Clerk on or before October 10, 2023 - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 155 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 12.c. Subject: #2023-231 - Approving 2024 Contract with Clean Community Systems Staff Contact: Stacy Nonhof BACKGROUND: The City of Grand Island has been granting an appropriation to Clean Community Systems for approximately the past ten years. As part of that agreement, Clean Community Systems ("CCS") annually develops and prints utility bill inserts one to two times a year on environmental issues; develops and prints recycling brochures annually; work with local recyclers to identify public misunderstanding of existing recycling programs; assist in providing public education to maximize recycling program use and minimize problems; foster and support corridor litter controls and beautification groups and organizations; provide consulting services to implement integrated solid waste plans; endorse and encourage recycling through educational presentations; coordinate community clean-ups with the City of Grand Island Solid Waste Superintendent; work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers; and secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. DISCUSSION: In return for the above services, the City has agreed to pay CCS $30,000.00 annually on a quarterly basis. FISCAL IMPACT: Total cost is $30,000.00 to paid in quarterly installments of $7,500.00 beginning October 1, 2023. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. 3. Postpone the issue to future date. Page 156 of 202 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends approval of the agreement. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Agreement 2. Resolution Page 157 of 202 AGREEMENT THIS AGREEMENT is made and entered into this ______ day of September, 2023, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and GRAND ISLAND AREA CLEAN COMMUNITY SYSTEM, hereinafter referred to as “CCS”. WHEREAS, the City is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act pursuant to the authority of Section 13-2021 of the Nebraska Revised Statutes, as amended; and WHEREAS, the Integrated Solid Waste Management Act requires the implementation of a solid waste management plan to provide for a local waste reduction and recycling program; and WHEREAS, the CCS actively educates the public on recycling and solid waste and other environmental issues, and provides an educational resource center on such issues; and WHEREAS, the City desires to and the City Council has approved such expenses within the 2023-2024 fiscal year's budget adopted by City Council on September 12, 2023, to contract with CCS to perform certain services associated with environmental, solid waste and recycling matters. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and the CCS agree as follows: 1. RESPONSIBILITIES. The CCS agrees to perform the following services pursuant to this agreement: (A) Develop and print 20,000 utility bill inserts one to two times per year on environmental issues. (B) Develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island. (C) Work with local recyclers to identify public misunderstanding of existing recycling programs. Assist in providing public education to maximize recycling program use and minimize problems. (D) Foster and support corridor litter controls and beautification groups and organizations. (E) Provide and maintain information on environmental/recycling issues and concerns. (F) Provide consulting services to implement integrated solid waste plans. Page 158 of 202 - 2 - (G) Endorse and encourage recycling through educational presentations. (H) Conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies. (I) Coordinate community clean-ups with the City of Grand Island Solid Waste Superintendent. (J) Work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers. (K) Secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. 2. COMPENSATION. In consideration of the CCS performing the services provided for in this agreement, the City agrees to pay the CCS Thirty Thousand and No/100 Dollars ($30,000.00) annually for a total contract price of Thirty Thousand Dollars and No/100 ($30,000.00) Payment shall be made in four (4) quarterly installments of Seven Thousand Five Hundred Dollars and No/100 ($7,500.00) with the first installment due and payable upon execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3. TERM. This agreement shall take effect on October 1, 2023, after its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2024. 4. LIMITATION. CCS hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated herein. 5. TERMINATION. Either party may terminate this contract upon sixty (60) days written notice to the other party. 6. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the City and CCS notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By: ________________________________________ Roger G. Steele, Mayor Page 159 of 202 - 3 - Attest: ________________________________________ RaNae Edwards, City Clerk GRAND ISLAND AREA CLEAN COMMUNITY SYSTEM By: __________________________________________ L. Denise McGovern-Gallagher, Executive Director Page 160 of 202 R E S O L U T I O N 2023-231 WHEREAS, the City of Grand Island is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act pursuant to the authority of Section 13-2021 of the Nebraska Revised Statutes, as amended; and WHEREAS, the Integrated Solid Waste Management Act requires the implementation of a solid waste management plan to provide for a local waste reduction and recycling program. Grand Island Clean Community System (GICCS) actively educates the public on recycling and solid waste and other environmental issues, and provides an educational resource center on such issues; and WHEREAS, GICCS proposes a contract with the City to provide the following services: (A) Develop and print 20,000 utility bill inserts one to two times per year on environmental issues. (B) Develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island. (C) Work with local recyclers to identify public misunderstanding of existing recycling programs. Assist in providing public education to maximize recycling program use and minimize problems. (D) Foster and support corridor litter controls and beautification groups and organizations. (E) Provide and maintain information on environmental/recycling issues and concerns. (F) Provide consulting services to implement integrated solid waste plans. (G) Endorse and encourage recycling through educational presentations. (H) Conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies. (I) Coordinate community clean-ups with the City of Grand Island Solid Waste Superintendent. (J) Work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers. (K) Secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. Page 161 of 202 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement with Grand Island Area Clean Community System for services as set forth above for a fee of Thirty Thousand and No/100 Dollars ($30,000.00) annually for a total contract price of Thirty Thousand Dollars and No/100 ($30,000.00) to be paid in four (4) quarterly installments of Seven Thousand Five Hundred Dollars and No/100 ($7,500.00). BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 12, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 162 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 13.a. Subject: #9941 - Consideration of Approving Establishment of 4th Street Business Improvement District (2nd and Final Reading) Staff Contact: Rashad Moxey BACKGROUND: On December 6, 2022, the Grand Island City Council set forth a 1- year appointment, which gave authority to the initial board to create a plan and to define the boundary of the 4th Street Business Improvement District. The initial board held public meetings to discuss the direction of the proposed BID. Throughout the process, members of the Board talked to fellow business owners and conducted a survey to gather input from businesses. The Board also invited property owners to a meeting to gather their input on the area. The initial board is recommending the creation of the Business Improvement District with changes to the boundary of the district as shown below. Beautification of the district is the main focus of work to be accomplished in year one. The board intends to expand to work other areas as the Business Improvement District is established. State statutes allow for the creation of business improvement districts and the expenditure of funds for improvement of public places or facilities within the district, including the acquisition, construction, maintenance, and operation of such improvements, creation and implementation of a plan for improving the general architectural design of public areas within the district, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. On August 22, 2023 Council held a public hearing on the establishment and appointment of board members for the 4th Street Business Improvement District. Council approved the first reading of Ordinance # 9941 after the public hearing and requested more information on the survey, the proposed budget and assessment method. Page 163 of 202 Chapter 19 of State Statutes sets forth the regulations pertaining to the formation of a business improvement district. The Statutes (19-4021) provide for the appointment of a business improvement board consisting of property owners, residents, business operators, or users of space within the business area to be improved. DISCUSSION: Survey Results The initial board conducted a survey with users of space to identify areas of concern within the proposed district and to gather what types of improvements they would like to see. From the list of improvements the board identified beautification and branding as the top two priorities to work on within year one. Other changes users of space would like to see include but are not limited to: parking, lighting and increased police/security presence. The areas of focus based upon the results of the rank choice survey, which was conducted when members of the board walked the initial boundary of the district include; Beautification of 4th Street – 1 Attracting and supporting businesses - 2 Safety and Security - 3 Marketing and Promotion – 4 See Exhibit “A” for survey results The Purpose of the Business Improvement District. The proposed public facilities and improvements to be made or maintained within the District include district beautification facilities. Those facilities include but are not limited to planters, tree grates, foliage and flowers, pedestrian areas, streetscape, signage and other attractions. District activities will include the following: • District beautification and maintenance; • Business retention and recruitment; • District/events promotions; • Support for paid and volunteer staff; • Strategic planning & implementation. Special Assessment; Method of Assessment The initial board recommends the costs and expenses for the activities proposed within this business improvement district be funded through a special assessment against the property. The annual levy being recommended is based upon the assessed value of individual property, paying a percentage of the total value of the district. Based on the 2022 valuations of the proposed district the cost per $100,000 in valuation would be $325.92 to raise $40,000. Page 164 of 202 See Exhibit “B” for proposed property assessments Funding Source / Proposed Assessed Budget Based on the findings of the survey, the initial board suggests focusing on beautification of the area, recommending an assessment of $40,000. This will allow for administrative operations and a project that will include the purchase of benches, trashcans and contracting for trash removal from public areas. The overall planned budget includes funding from assessments and funding from outside sources of up to $175,000 of grant funding. Page 165 of 202 BID BUDGET YEAR: 23-24 INCOME TYPE Explanation Beginning Cash $0.00 Special Assessments Starting Budget $40,000.00 Donations $0.00 Grants $175,000.00 Interest $0.00 Other Revenue Fundraising $0.00 TOTAL INCOME $215,000.00 EXPENSES Amount Contract Services Bookkeeping $ - City Bookkeeping $ 2,200.00 Contract Misc $ 750.00 Event Coordinators $ 500.00 Trash Services $ 1,100.00 Equipment Rentals lights, banners etc $ 1,500.00 Printing/Binding Printing, Flyers, Annual Report, Announcement Annual Meeting $ 500.00 Professional Services Website Fee $ 1,000.00 Postage Yearly Bill From the City $ 750.00 Advertising Newspaper $ 1,000.00 Social Media Boosting $ 300.00 Legal Notices Monthly Meeting, annual review of property tax $ 2,000.00 Events/Other 4th Street Festival $ 2,500.00 MISC Projects Trash Receptacles & Benches $ 25,000.00 TOTAL EXPENSES $ 39,100.00 Assessment VS Expenses $900.00 Expenses VS Budgeted $175,900.00 Page 166 of 202 Boundary See Exhibit “C” for boundary description City Council is required to hold a public hearing to create the district. During the Public Hearing, property owners in the district can protest the formation of the BID. After the Public Hearing, Council may pass the ordinance as proposed establishing the district and appointing a volunteer board for 4th Street Business Improvement District. If Council desires to amend the ordinance, as proposed and included with this agenda item prior to approval, Council should postpone action until the next Council meeting, allowing for any amendments to be made and published to those in the District. 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 establishment of the 4thStreet BID and that the following individuals be confirmed as board members for this Business Improvement District Page 167 of 202 • Joe Bandasack • Agustin Sanchez • Richard Flores • Reyna Romero • Kay Grimminger • Denise Kozel SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Exhibits 2. Ordinance Page 168 of 202 Exhibit “A” Page 169 of 202 Page 170 of 202 Exhibit “B” PARCEL OWNER Assessment 400003589 JOT PROPERTIES LLC $ 337.08 400315785 EL PALENQUE INC $ 123.62 400251299 DOCK/THE $ 923.30 400467097 AKIN/BRANDON $ 439.02 400295458 JACINTO-REYNOSO/JOSE $ 409.60 400003619 LUVIANO/PEDRO LEON $ 803.71 400293501 UNION PACIFIC RAILROAD $ - 400481936 ALCANTAR/EDGAR $ 485.58 400471528 GRIMMINGER/SAM & KAY $ 78.29 400258536 GAUTHIER/CLARK $ 373.42 400003475 GRAND ISLAND UTILITIES DEPT $ 121.78 400003384 ALVARADO/MILDRED J & JOSE $ 275.63 400003414 MISSOURI PACIFIC RAILROAD COMPANY $ 180.49 400003635 LUVIANO/PEDRO LEON $ 416.92 400002256 ROMERO/ANASTACIO & REYNA $ 351.61 400002477 MITCHELL/JAMES G & CHARL ANN $ 127.97 400002620 AGUILAR PRINTING INC $ 28.39 400002647 LINGEMAN/MICHAEL J $ 454.79 400002817 RAWLINGS/TERRY & ALMA $ 661.75 400003201 ARIA DE SANCHEZ/MARIA D $ 585.70 400081369 HARTFORD/KENNETH L $ 456.37 400081385 SANCHEZ/FILEMON & AGUSTIN $ 53.10 400002523 JMR ENTERPRISES LLC $ 549.99 400003236 BANDASACK/CHANH $ 837.66 400003260 GARCIA-ORTIZ/JUAN I $ 108.15 400003341 GRIMMINGER/SAM & KAY $ 308.83 400003430 ROTH/DONNA F $ 376.72 400003570 MURCIA/MISAEL DE JESUS $ 780.54 400002132 MIDWEST PREMIER INVESTMENTS LLC $ 224.20 400002493 MITCHELL/JAMES G & CHARL ANN $ 133.01 400002787 MANRIQUEZ/ARIOSTO $ 122.07 400002906 PONCE/TEODOLINDA $ 439.99 400003066 PEDRO/MIGUEL MATEO $ 518.83 400003139 MANRIQUEZ/ARIOSTO $ 303.92 400081407 CLARK/PATRICK & RHONDA $ 496.67 400002527 JMR ENTERPRISES LLC $ - 400003406 KHAMMALY/APHIDET & ANNIE $ 264.36 400003422 GAUTHIER/CLARK $ 250.25 400003627 LUVIANO/PEDRO LEON $ 75.28 Page 171 of 202 400002248 TR ELECTRICAL CONTRACTOR, LLC $ 575.30 400002264 LAMEXICANA INC $ 213.96 400002639 MIDWEST PREMIER INVESTMENTS LLC $ 278.78 400003031 J R ENTERPRISES LLC $ 567.10 400081377 CLARK/PATRICK & RHONDA $ 64.65 400081393 SANCHEZ/FILEMON & AGUSTIN $ 168.47 400003228 FERREIRA/GUSTAVO HURTADO $ 357.88 400003449 BANDASACK/CHANH & SIPHANH $ 680.43 400003465 MISSOURI PACIFIC RAILROAD COMPANY $ 325.59 400003546 GAUTHIER/CLARK A $ 165.46 400003562 LAMEXICANA INC $ 1,329.76 400002140 MARTINEZ/FRANCISCO GOMEZ $ 306.38 400002485 MITCHELL/JAMES G $ 295.91 400002507 MAYHEW/SUSAN A $ 125.72 400002612 AGUILAR PRINTING INC $ 517.85 400002892 MIDWEST PREMIER INVESTMENTS LLC $ 425.74 400081490 ZUMAYA/ALENJANDRO & MARGARITA $ 228.11 400003295 HAMIK FAMILY. LLC $ 2,226.00 400003317 THIRD CITY INVESTMENTS LLC $ 399.12 400003481 KAISER/GINA A $ 171.03 400003538 GAUTHIER/CLARK A $ 586.59 400002167 LOBO/GLENDA L & BEN $ 509.54 400002337 J O ENTERPRISES INC $ 750.34 400002361 NITZEL & COMPANY $ 271.75 400002388 NITZEL & COMPANY $ 383.88 400002531 HEUER/DARLENE L $ 581.90 400002558 HEUER/DARLENE L $ 62.47 400002752 SANCHEZ/AGUSTIN & RODRIGO $ 381.44 400002930 GRAND ISLAND APARTMENTS, LLC $ 364.01 400003090 SANCHEZ/RODRIGO $ 344.71 400003104 AVILA/DOUGLAS $ 184.57 400081482 MONAD LLC $ 424.89 400389606 BANDASAK/CHANH & SIPHANH $ 290.55 400414724 ROMERO/ANASTACIA & REYNA $ 338.87 400316781 OLSON/DARREL R & LINDA M $ 146.84 400401908 $ - 400003333 TUXHORN INVESTMENTS LLC $ 499.84 400003368 GRIMMINGER/SAM & KAY $ 288.69 400002779 MCCURDY/DAWN J $ 236.97 400002795 MOHAMED/KADAR H $ 434.40 400003058 RAYMUNDO/SANTIAGO T $ 202.13 Page 172 of 202 400003074 VASQUEZ/MAGDALENO & ARACELI $ 296.28 400003147 ALAMILLA/MIGUEL R $ 292.45 400003252 GARCIA-ORTIZ/JUAN I $ 555.17 400003325 YENNY/GAIL J $ 400.35 400003376 GRIMMINGER/SAM & KAY $ 194.42 400003457 BANDASACK/CHANH & SIPHANH $ 127.19 400003554 GRAND ISLAND UTILITIES DEPT $ 249.87 400002221 MATUL/REMIGIO GONZALEZ $ 435.79 400002396 EL PALENQUE INC $ 759.11 400002809 ALVAREZ/ROGELIO ALVALOS $ 200.22 400002884 INTERNATIONAL CHURCH OF THE FOUR $ 62.47 400003082 CARREON/MANUEL M & SUSAN M $ 230.39 400003155 BLENDER LLC $ 593.74 400085488 4TH & EDDY PLAZA LLC $ 879.34 400081350 HLK LLC $ 440.21 400081504 SANCHEZ/MARY $ 184.83 400003279 GARCIA-ORTIZ/JUAN I $ 299.51 400003287 GARCIA-ORTIZ/JUAN I $ 315.02 400003503 KAISER/GINA A $ 244.90 400003511 KAISER/GINA A $ 401.18 400002159 JOT PROPERTIES LLC $ 225.83 400002345 LA MILAGROSA SUPER MARKET, LLC $ 440.91 400002353 118 WEST 4TH STREET, LLC $ 306.03 400002760 SANTOS/FELIX ALBA $ 173.02 400002914 $ - 400002922 SOLORZANO-IBAL/JUAN $ 124.82 400003112 LANZENDORF HOLDINGS LTD $ 437.28 400003120 LANZENDORF HOLDINGS LTD $ 121.18 400081474 4TH & EDDY PLAZA LLC $ 822.23 $ 40,000.00 Page 173 of 202 Exhibit ‘C’ Beginning at a point being the intersection of the east line of Eddy Street and the north line of Fourth Street; Thence northwesterly along the east line of Eddy Street to a point 132 feet north of the north line of Fourth Street; Thence northeasterly on a line 132 feet north and parallel to the north line of Fourth Street to a point 132 feet north of the north line of 4th street along the west line of Kimball Ave; Thence southeasterly on a line 132 feet along the west line of Kimball Ave to a point on the south line of Fourth Street; Thence southeasterly on a line to a point 132 feet south of the south line of 4th street and along the west line of Kimball Ave Thence southwesterly on a line 132 feet south and parallel to the south line of Fourth Street to a point on the west line of Sycamore Street; Thence southeasterly on the west line of Sycamore Street to a point 425 feet south of the south line of Fourth Street; Thence southwesterly on a line 425 feet south of and parallel to the south line of Fourth Street to a point on the extension of the east line of Locust Street; Thence northwesterly on the extension of the east line of Locust Street to a point 280 feet south of the south line of Fourth Street; Thence southwesterly on a line 280 feet south and parallel to the south line of Fourth Street to a point 175 feet east of the east line of Walnut Street; Thence southeasterly on a line 175 feet east and parallel to the east line of Walnut Street to a point 345 feet south of the south line of Fourth Street; Thence southwesterly on a line 345 feet south of and parallel to the south line of Fourth Street to a point on the extension of the east line Cedar Street; Thence northwesterly on the east line of Cedar Street and the extension thereof to a point 148 feet south of the south line of Fourth Street; Thence southwesterly on a line 148 feet south and parallel to the south line of Fourth Street to a point 100 feet east of the east line of Eddy Street; Thence southeasterly on a line 100 feet east and parallel to the east line of Eddy Street to a point 280 feet south of the south line of Fourth Street; Thence southwesterly on a line 280 feet south and parallel to the south line of Fourth Street to a point to a point on the east line of Eddy Street; Thence northwesterly on the east line of Eddy Street to the Point of Beginning Page 174 of 202 ORDINANCE NO. 9941 An ordinance establishing a business improvement district; establishing the purpose of the district; describing the boundaries of the district; establishing a method of assessment; providing an initial annual budget and limitations; providing for enforcement and penalties; providing for severability; and providing for publication and the effective date of this ordinance; and WHEREAS, the Initial Business Improvement Board appointed December 6 , 2022, recommended that the City of Grand Island establish a business improvement district to be known as 4th Street Business Improvement District to be effective October 1, 2023; and WHEREAS, the City Council adopted Resolution 2022-351, on December 6, 2022 establishing the Intention to Create a business improvement district; and WHEREAS, pursuant to said resolution, notice of public hearing was published and mailed as required by Neb.Rev.Stat. § 19-4029.01, and public hearing was duly held at 7:00 p.m. on August 22, 2023, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the formation of such district; and WHEREAS, the proposed business improvement district is located within the boundaries of an established area of the City zoned for business, public, or commercial purposes; and WHEREAS, the City Council now finds and determines that a business improvement district should be created in accordance with the proposal contained in said resolution 2022-351. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Page 175 of 202 - 2 - ORDINANCE NO. 9941 (Cont.) SECTION 1. CREATION OF DISTRICT. The 4th Street Business Improvement District (“District”) is hereby created and established effective October 1, 2023, with such boundaries as set forth herein. SECTION 2. IMPROVEMENTS AND ACTIVITIES. The proposed public facilities and improvements to be made or maintained within the District include District beautification facilities. Those facilities include, but are not limited to planters, tree grates, foliage and flowers, pedestrian areas, streetscape, signage and other attractions. District activities shall include the following: •District beautification and maintenance; •Business retention and recruitment; •District/events promotions; •Support for paid and volunteer staff; •Strategic planning & implementation. SECTION 3. DISTRICT BOUNDARIES. The properties included within the district are those properties lying within the following boundaries: Beginning at a point being the intersection of the east line of Eddy Street and the north line of Fourth Street; thence northwesterly along the east line of Eddy Street to a point 132 feet north of the north line of Fourth Street; thence northeasterly on a line 132 feet north and parallel to the north line of Fourth Street to a point 132 feet north of the north line of 4th street along the west line of Kimball Ave; thence southeasterly on a line 132 feet along the west line of Kimball Ave to a point on the south line of Fourth Street; thence southeasterly on a line to a point 132 feet south of the south line of 4th street and along the west line of Kimball Ave; thence southwesterly on a line 132 feet south and parallel to the south line of Fourth Street to a point on the west line of Sycamore Street; thence southeasterly on the west line Page 176 of 202 - 3 - ORDINANCE NO. 9941 (Cont.) of Sycamore Street to a point 425 feet south of the south line of Fourth Street; thence southwesterly on a line 425 feet south of and parallel to the south line of Fourth Street to a point on the extension of the east line of Locust Street; thence northwesterly on the extension of the east line of Locust Street to a point 280 feet south of the south line of Fourth Street; thence southwesterly on a line 280 feet south and parallel to the south line of Fourth Street to a point 175 feet east of the east line of Walnut Street; thence southeasterly on a line 175 feet east and parallel to the east line of Walnut Street to a point 345 feet south of the south line of Fourth Street; thence southwesterly on a line 345 feet south of and parallel to the south line of Fourth Street to a point on the extension of the east line Cedar Street; thence northwesterly on the east line of Cedar Street and the extension thereof to a point 148 feet south of the south line of Fourth Street; thence southwesterly on a line 148 feet south and parallel to the south line of Fourth Street to a point 100 feet east of the east line of Eddy Street; thence southeasterly on a line 100 feet east and parallel to the east line of Eddy Street to a point 280 feet south of the south line of Fourth Street; thence southwesterly on a line 280 feet south and parallel to the south line of Fourth Street to a point to a point on the east line of Eddy Street; thence northwesterly on the east line of Eddy Street to the Point of Beginning SECTION 4. SPECIAL ASSESSMENT; METHOD OF ASSESSMENT. The costs and expenses for the activities proposed to be performed within this business improvement district will be funded through special assessments, as authorized by the Business Improvement District Act, against the property in the district based upon the special benefits to the property, and shall be fairly and equitably equalized by the City Council sitting as a board of equalization. The special assessments on each property will be levied annually based upon the assessed value of individual property divided by total assessed value of all taxable property in the district times total special assessment equals individual special assessment. Based upon the recommendation Page 177 of 202 - 4 - ORDINANCE NO. 9941 (Cont.) of the initial Business Improvement District Board, owner-occupied residential properties that are not obviously being used for commercial purposes within the district will be assessed at 70% of assessed valuation based on their primary benefit from the beautification and maintenance programs beginning October 1 2024. Beginning October 1 2024, for mixed-use properties that combine owner-occupied residential and other uses, the property owner may submit evidence supporting a pro-rated split of the assessed value (between owner-occupied residential and other uses) for the City Council to consider when sitting as a board of equalization. The assessed values to be used in the above formula shall be the values, as shown in the office of the Hall County Assessor, in effect on the first day of January of the current year. Owners of property exempt from ad valorem taxes are encouraged to support District activities, promotions, and improvements but property exempt from ad valorem taxes will not be subject to special assessment for this Business Improvement District. Property owned by the Federal Government, the State of Nebraska and political subdivisions thereof shall not be subject to special assessment for this Business Improvement District. The city council, sitting as a Board of Equalization, shall levy the special assessments on all properties at one time, in accordance with the method of assessment provided above. If the city council finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then it may assess the cost under such method as the city council finds to be fair and equitable. Said assessments shall be payable in one installment to become delinquent fifty (50) days after the date of such levy. Delinquent payments shall draw interest at the rate specified in the Neb.Rev.Stat. § 45-104.01, as amended. All special assessments together with interest and penalties shall be liens upon the property assessed until paid. SECTION 5. INITIAL ANNUAL BUDGET AND LIMITATIONS. The first year estimated total annual costs and expenses for the activities to be performed within the 4th Street Business Improvement District during the October 2023 to September 2024 fiscal year is Page 178 of 202 - 5 - ORDINANCE NO. 9941 (Cont.) $215,000. The maximum amount of the first fiscal year's annual assessment for the district shall not exceed the total costs and expenses thereof or $40,000, whichever is less. In each succeeding fiscal year, the City Council shall estimate the total annual costs and expenses for the activities and, after public hearing, shall approve by resolution an annual budget for the activities. The activities annual assessment for such succeeding fiscal year shall not exceed the total costs and expenses thereof or the maximum amount budgeted for said activities in the approved annual budget, whichever is less. SECTION 6. ENFORCEMENT AND PENALTIES. The special assessments provided herein shall be a lien on the property assessed superior and prior to all other liens except general taxes and other special assessments, which shall be of equal priority. Liens for special assessments may be foreclosed and are subject to interest at the statutory rate when payment of the assessment is delinquent as provided by law. No special assessment made hereunder shall be void for any irregularity, defect, error, or informality in procedure, in levy or equalization thereof. SECTION 7. SEVERABILITY. If any section, subsection sentence, phrase, or clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. ENACTED: September 12, 2023, by the City Council of the City of Grand Island, ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 179 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 13.b. Subject: #9943 - Consideration of Approving FY2023-2024 Annual Single City Budget and Annual Appropriations Bill Staff Contact: Patrick (Pat) Brown BACKGROUND: The public hearing for the FY2023-2024 Annual Single was held earlier this evening at 6:00pm at City Hall Council Chambers. DISCUSSION: The “Notice of Budget Hearing and Budget Summary” was published in the Grand Island Independent on September 8, 2023. The following is a comparison of the fiscal year 2024 proposed budget to the FY2023 adopted budget: • The FY2024 budget appropriation is 17.3% or $45,508,299 higher than the FY2023 adopted budget. The difference is mainly due to increased costs from inflation, delayed capital purchases from FY2023 (supply chain issues), Electric Solar Project and a Grants placeholder (in order to have appropriation authority). • All Funds Revenue projections for FY2024 increased 12.2% or $28,070,875 over FY2023 budget. • 2023 Valuations for the City of Grand Island increased over the 2022 valuation by $607,553,916 or 15.9%. If the City applies the FY2022-2023 mill levy of 0.3394 to the new valuation of $4,428,935,549, the City’s Property Tax revenue would be $15,031,807, a tax increase of $2,063,128 over the prior year. The City and Community Redevelopment Authority tax ask for FY2024 is $12,983,258. • The City is requesting the same property tax ask that was in FY2022-2023. The Property Tax Ask of $12,207,540 as applied to the new valuation decreases the mill levy to 0.275631. CRA property tax ask is $775,718 which is a tax increase of $22,659. The CRA mill levy would decrease from 0.019706 to 0.017515. • Total Sales Tax revenue is forecasted at $28,706,941 for FY2024. It is a 19.2% or $4,621,005 increase over FY2023 budget. The increase was due to the sustained increase in sales tax collections in the last two years. Page 180 of 202 • All other revenue sources in the General Fund account for $4,521,902 increase over FY2023 budget. A large portion of the increase is due to the rebalancing of revenues and costs between funds, increased rate of return on investments, and casino tax revenues. • An increase in Transfers FY2024 by $2,436,607 over FY2023 due to Sales Tax revenue distribution to capital projects. Additional FTE’s and Reclassifications: With the retirements and vacancies left by five different directors leaving over the last few years, there have been new people filling those roles either permanently or in an interim capacity. With those changes, organizational modifications were completed during fiscal year 2023 with additional modifications proposed as part of the fiscal year 2024 budget. The following is a summary of the above-mentioned changes along with a dollar figure showing the personnel budget impact estimated in fiscal year 2024. Eleven New Full-time Positions; • Add Assistant City Administrator - increase of $251,598 • Add Communications Manager - increase of $106,080 • Add Paralegal - increase of $41,439 • Add Human Resources Recruiter - increase of $101,459 • *Add Police Sergeant - increase of $63,748 • *Add Police Lieutenant x 2 - increase of $146,250 • *Add Public Safety Dispatcher - increase of $38,422 • Add Equipment Operator - Streets - increase of $78,685 • Add Water Maintenance Worker x 2 - increase of $175,332. These are partially grant funded positions to help facilitate a lead line removal program. *Budget figures are based on new hires starting 4/1/2024 Six Reclassifications of existing positions; • Building Department Director to Chief Building Official - decrease of $31,408 • Regional Planning Director to Community Development Director - no dollar impact • Interpreter/Translator moved from Finance to Administration - no dollar impact • Records Clerk to Records Supervisor - increase of $23,253 • Lead Plant Operator to Chief Operator - increase of $1,644 • Equipment Operator to Senior Equipment Operator - increase of $9,826 Capital Improvement Projects and Equipment Purchases for FY2024. Department Request Title FY2024 Electric Utility Electric ‐ Bond Payment $3,830,000.00 Electric ‐ Solar Farm $11,916,381.00 Electric ‐ CIS & MDM Software $150,000.00 Page 181 of 202 Electric ‐ Purchase Building at 1204 W North Front St. $100,000.00 Electric ‐ Replace (2) HVAC Units $40,000.00 Electric ‐ Boring $175,000.00 Electric ‐ Underground L&M for new developments $3,250,000.00 Electric ‐ Overhead L&M for New Developments $1,850,000.00 Electric ‐ Substation Security $500,000.00 Electric ‐ Disconnects for Sub H $150,000.00 Electric ‐ LED Lights $200,000.00 Electric ‐ AMI Meters $950,000.00 Electric ‐ Unit 1573 Replacement for 2011 Digger Derrick $435,000.00 Electric ‐ Unit 1561 ‐ 2009 Truck with Aerial Device $240,000.00 Electric ‐ Unit 1666 ‐ Replacement of 2008 Bucket Truck $230,000.00 Electric ‐ Unit 1648 ‐ Replacement for 2007 Pickup $60,000.00 Electric ‐ 3/4 Pickup $60,000.00 Total Electric Utility $24,136,381.00 Emergency Management EMS ‐ ORT Cost Share $13,000.00 EMS ‐ Host Upgrade Cost Share $35,000.00 EMS ‐ APX 8500 Mobile Radio $10,000.00 EMS ‐ APX Next Portable Radio $10,000.00 EMS ‐ Spare Repeater $8,000.00 EMS ‐ Voting Repeater $30,000.00 EMS ‐ UPS Batteries $13,000.00 EMS ‐ Sirens $35,000.00 Total Emergency Management $154,000.00 Engineering PW ‐ Bond Payment $1,763,150.00 PW ‐ Independence Ave; Capital Ave to Manchester/Macron $463,700.00 PW ‐ Locust Street; Hwy 34 to Wood River Diversion $900,000.00 PW ‐ Stuhr Road‐Dual NB Lefts @ Hwy 30 $90,000.00 PW ‐ Claude Road/13th Street Roundabout $1,700,000.00 PW ‐ Claude Road; State Street to 13th Street $1,800,000.00 PW ‐ Claude Rd/State Street Roundabout $1,700,000.00 PW ‐ Locust Street; Koenig Street to Fonner Park Road $300,000.00 PW ‐ Custer Avenue; Old Potash Highway to Forrest Street ‐ Phase IV $1,100,000.00 PW ‐ Broadwell/Union Pacific Railroad Grade Separation $270,000.00 PW ‐ Highway 30 Realignment $1,372,000.00 PW ‐ Five Points Intersection Improvements $667,900.00 PW ‐ Webb Road Paving Assessment $80,500.00 PW ‐ Annual Curb Ramp Installation $170,000.00 Total Engineering $12,377,250.00 Fire Capital Equipment Spillman to Phoenix Interface $61,000.00 Replace Fire Station #3 $3,000,000.00 Mobile Radio Repeater $26,000.00 Replace Fire Hose $30,000.00 Purchase 35 Sets of Personal Protective Equipment $230,000.00 Overhead Door Replacement $40,000.00 Page 182 of 202 P‐25 Portable Radios $680,000.00 Braun Type I Ambulance $409,000.00Department Request Title FY2024 Total Fire Capital Equipment $4,476,000.00 Food & Beverage Occupation Tax Parks ‐ George Park Restrooms (carryover from FY23) $300,000.00 Parks ‐ Stolley Park Irrigation Expansion $95,100.00 Parks ‐ Ryder Park ‐ Parking Lot and Sidewalk Improvements $950,000.00 Parks ‐ Replace Skate Park $25,000.00 Parks ‐ Parks & Recreation Master Plan $300,000.00 Parks ‐ Miscellaneous Parks Projects $100,000.00 Parks ‐ Island Oasis Renovation $250,000.00 Parks ‐ George Park Irrigation and Field Update $300,000.00 Total Food & Beverage Occupation Tax $2,320,100.00 Jackrabbit Run Golf Course JackRabbit Run ‐ Shop Lift $14,000.00 JackRabbit Run ‐ Replace Tee Markers and other miscellaneous items $33,000.00 JackRabbit Run ‐ Replace Restroom & Maintenance Doors $10,000.00 JackRabbit Run ‐ Replace Deck $28,000.00 JackRabbit Run ‐ Renovate Hole #4 Lake $98,412.00 JackRabbit Run ‐ Snack Bar Improvements $10,000.00 JackRabbit Run ‐ Weather Shelter $29,000.00 JackRabbit Run ‐ Concrete Pads $29,000.00 JackRabbit Run ‐ Remove Trees $45,000.00 JackRabbit Run ‐ Submersible Pump $17,000.00 JackRabbit Run ‐ Clubhouse Renovation $50,000.00 Total Jackrabbit Run Golf Course $363,412.00 KENO Parks ‐ Trail Development $75,000.00 Parks ‐ Stolley Park Parking and Road Upgrade $351,538.00 Parks ‐ Sterling Park Backstop $10,000.00 Parks ‐ Ryder Park Playground & Shelters $65,000.00 Parks ‐ Ryder Park Restrooms $300,000.00 Total KENO $801,538.00 Landfill PW ‐ Solid Waste ‐ Cell 4 Engineering (Landfill) $150,000.00 PW ‐ Solid Waste ‐ Litter Fence $30,000.00 PW ‐ Solid Waste ‐ Concrete Work (Landfill) $30,000.00 Total Landfill $210,000.00 Library Capital Equipment Library Book KIOSK $40,000.00 Library Network Firewalls $15,000.00 Library Security System Upgrade $70,000.00 Total Library Capital Equipment $125,000.00 Parks & Recreation Parks ‐ Ryder Park ‐ Inclusive Playground $600,772.00 Parks ‐ Ryder Park ‐ Legion Field Update $3,000,000.00 Parks ‐ Bike Trail So. Locust to Camp Augustine $400,000.00 Parks ‐ Bike Trail Claude to Water Tower $1,824,130.00 Page 183 of 202 Total Parks & Recreation $5,824,902.00 Parks Capital Equipment Parks ‐ Articulating Telescopic Aerial Truck (carryover from FY23) $155,669.00 Parks ‐ 11' Mower (Carry‐over FY23) $92,478.61 Parks ‐ Fertilizer Sprayer/Spreader $26,000.00 Parks ‐ 3/4 Ton 4 Wheel Drive Pick‐up (Carry over from FY23) $58,000.00 Parks ‐ 1/2 Ton 2 Wheel Drive Pick‐up (Carry over from FY23) $40,000.00Request Parks ‐ 11' Mower Replacement(s) $100,000.00 Parks ‐ Field Drag Machine $60,000.00 Total Parks Capital Equipment $532,147.61 Police Capital Equipment Law Enforcement Building HVAC Replacement $450,000.00 Auto Impound Upgrades $56,000.00 Access gates $150,000.00 Police Vehicles $726,108.00 Total Police Capital Equipment $1,382,108.00 Public Transit ‐ Vehicles $732,227.00 Total Public Transit $732,227.00 Public Works PW ‐ Tri Street Drainage Improvements $200,000.00 PW ‐ Citywide Drainage $250,000.00 PW ‐ Platte Valley Industrial Park Drainage District No. 2020‐1 $250,000.00 PW ‐ Sidewalk Cost Share Program $25,000.00 PW ‐ North Moores Creek 80 Wetland Detention $350,000.00 PW ‐ Engineering ‐ Pick‐up $19,000.00 Total Public Works $1,094,000.00 SANITARY SEWER CONSTRUCTION PW ‐ Wastewater ‐ Sanitary Sewer District $200,000.00 PW ‐ Wastewater ‐ Manhole Lining & Open‐Cut Replacements $1,140,000.00 PW ‐ Wastewater ‐ Sewer Rehabilitation ‐ Priority Group 2 $89,919.00 PW ‐ Wastewater ‐ Flow Monitoring Program $94,719.00 Total SANITARY SEWER CONSTRUCTION $1,524,638.00 Streets Capital Equipment PW ‐ Streets ‐ Dump Truck (10cy) $175,000.00 PW ‐ Streets ‐ 1/2 Ton Pick‐up $45,000.00 PW ‐ Streets ‐ Asphalt Reclaiming/Trenching Machine $50,000.00 PW ‐ Streets ‐ Forklift $25,000.00 PW ‐ Streets ‐ Street Sweeper $300,000.00 PW ‐ Streets ‐ Trailer for Skid Steer $15,000.00 PW ‐ Streets ‐ Salt Truck $155,000.00 PW ‐ Streets ‐ Salt Truck (5cy chassis) $135,350.00 PW ‐ Streets ‐ Trailer for Milling Machine $26,500.00 PW ‐ Streets ‐ Street Sweeper & Snow Heaver Payment $59,088.00 PW ‐ Streets ‐ 2019 Sewer Combo Unit Payment $66,441.00 PW ‐ Streets ‐ Skid Steer Buy Back (2 of 2) $20,000.00 Page 184 of 202 PW ‐ Streets ‐ Skid Steer Buy Back (1 of 2) $20,000.00 PW ‐ Streets ‐ Well & Hydrant at West Yard $35,000.00 PW ‐ Streets ‐ North Front Building Frame Repair and Siding $60,000.00 Total Streets Capital Equipment $1,187,379.00 Transfer Station PW ‐ Solid Waste ‐ Wheel Loader $220,000.00 PW ‐ Solid Waste ‐ Pick‐up $50,000.00 PW ‐ Solid Waste ‐ Transfer Trailer $125,000.00 PW ‐ Solid Waste ‐ Truck‐Tractor $150,000.00 PW ‐ Solid Waste ‐ Transfer Station Improvements $6,000,000.00 PW ‐ Solid Waste ‐ Concrete Work $30,000.00 Total Transfer Station $6,575,000.00 Wastewater Utility PW ‐ Wastewater ‐ Dump Truck $175,000.00Request Title FY2024 PW ‐ Wastewater ‐ Pickup $50,000.00 PW ‐ Wastewater ‐ Service Locates Truck $50,000.00 PW ‐ Wastewater ‐ Improvements to Building at 1204 N Front St $25,750.00 PW ‐ Wastewater ‐ Facility Safety & Security $51,500.00 PW ‐ Wastewater ‐ UV System Replacement $100,212.00 PW ‐ Wastewater ‐ Septage Receiving Station $113,300.00 PW ‐ Wastewater ‐ Flow Improvements $2,385,000.00 Total Wastewater Utility $2,950,762.00 Water Utility Water ‐ HP Well Controls $80,000.00 Water ‐ Wellfield PLC & Fiber $20,000.00 Water ‐ Seal Bricks on Water Shop $75,000.00 Water ‐ Replace Roof at Old Fire Station $100,000.00 Water ‐ Infowater Model Updates $60,000.00 Water ‐ CIS & MDM Software $75,000.00 Water ‐ Uranium System Upgrades $200,000.00 Water ‐ Ludlow Fire Hydrant Replacements $75,000.00 Water ‐ Hwy 30 Fire Hydrant Relocation $30,000.00 Water ‐ Replace Water Line on Howard (Capital to College) $765,000.00 Water ‐ Unplanned Water Main Districts $225,000.00 Water ‐ Hydro VAC Trailer $130,000.00 Total Water Utility $1,835,000.00 Total Departments $68,601,844.61 FISCAL IMPACT: Approving the City's budget and appropriation bill of $308,017,875 for Fiscal Year 2024 ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. Page 185 of 202 3. Postpone the issue to a future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends approval of FY2024 Budget. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Newspaper Budget Hearing Notice 2. Ordinance Page 186 of 202 2021-2022 Actual Disbursements & Transfers230,561,401.00$ 2022-2023 Actual/Estimated Disbursements & Transfers262,509,576.00$ 2023-2024 Proposed Budget of Disbursements & Transfers308,017,875.00$ 2023-2024 Necessary Cash Reserve136,457,816.00$ 2023-2024 Total Resources Available444,475,691.00$ Total 2023-2024 Personal & Real Property Tax Requirement12,992,348.11$ Unused Budget Authority Created For Next Year 6,458,389.26$ Breakdown of Property Tax:Personal and Real Property Tax Required for Non-Bond Purposes12,992,348.11$ Personal and Real Property Tax Required for Bonds-$ 2022 2023 ChangeOperating Budget273,245,385.00 308,017,875.00 13%Property Tax Request12,968,678.76$ 12,992,348.11$ 0%Valuation3,821,381,633 4,428,935,549 16%Tax Rate0.339371 0.293351 -14%Tax Rate if Prior Tax Request was at Current Valuation0.292817 NOTICE OF BUDGET HEARING AND BUDGET SUMMARYHall County, NebraskaCity of Grand IslandNOTICE OF SPECIAL HEARING TO SET FINAL TAX REQUESTINPUBLIC NOTICE is hereby given, in compliance with the provisions of State Statute Sections 13-501 to 13-513, that the governing body will meet on the 12 day of September 2023, at 6:00 o'clock P.M., at City Hall-100 E 1st St for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the following proposed budget. The budget detail is available at the office of the Clerk during regular business hours.PUBLIC NOTICE is hereby given, in compliance with the provisions of State Statute Section 77-1632, that the governing body will meet on the 12 day of September 2023, at 7:00 o'clock P.M., at City Hall-100 E 1st St for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to setting the final tax request.Page 187 of 202 ORDINANCE NO. 9943 An ordinance known as “The Annual Appropriation Bill” of the City of Grand Island, Nebraska, to adopt the proposed budget statement pursuant to the Nebraska Budget Act, for the fiscal year commencing October 1, 2023 and ending September 30, 2024 to provide for severability; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That after complying with all procedures required by law, the budget presented and set forth in the budget statement was approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2023 through September 30, 2024. All sums of money, total all funds of $308,017,875.00, contained in the budget statement are appropriated for the necessary expenses and liabilities of the City of Grand Island. SECTION 2. A copy of the budget statement shall be forwarded as provided by law to the Auditor of Public Accounts, State of Nebraska and to the County Clerk of Hall County, Nebraska, for use by the levying authority. SECTION 3. If any section, subsection or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Page 188 of 202 ORDINANCE NO. 9943 (Cont.) - 2 - SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 12, 2023 ________________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 189 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 13.c. Subject: #9944 - Consideration of Approving Assessments for Fonner Park Business Improvement District 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 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 11, 2023 the Fonner Park BID Board met and approved the 2023-2024 budget which provides for special assessments in the amount $53,202. On July 25, 2023, City Council approved the BID budget and set the date for Board of Equalization as September 12, 2023. DISCUSSION: The reformation of the Fonner Park BID that occurred in 2017 created 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 the City Council sitting as the Board of Equalization on September 12, 2023. The budgeted assessment of $53,202 will be charged to property owners in the district based on their front footage. Attached is a summary of the notice given to owners within the BID and published in the Grand Island Independent on July 28, August 4, and August 11, 2023. 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 Page 190 of 202 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 Board of Equalization approve the proposed Special Assessments for the Fonner Park BID SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 191 of 202 ORDINANCE NO. 9944 An ordinance to assess and levy a special tax to pay the 2023-2024 revenue year cost of Fonner Park Business Improvement District of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2023-2024 revenue year cost of Fonner Park Business Improvement District of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2023-2024 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * Page 192 of 202 ORDINANCE NO. 9944 (cont.) - 2 - OWNER LEGAL NAME ASSESSMENT WESTERBY/MICHAEL J & MANDY JANISCH SUB PT LT 1 1,295.26 DSVK NC, LLC BROWNELL SUB LT 1 XC ROW TO CITY 539.69 WILTGEN CORP II KIRKPATRICK SUB LT 5 762.37 WILTGEN CORP II KIRKPATRICK SUB LT 6 749.09 DA-LY PROPERTIES LLC LABELINDO SECOND SUB PT LT 1 XC 18.3 FT TO CITY 3,016.24 ZANA/JAMES SCOTT R & R SUB PT LT 1 1,519.88 CASEY'S RETAIL CO PLEASANT HOME SUB XC CITY E 1/2 OF S 1/2BLK 9 1,517.94 LOCUST STREET LLC STAAB ESTATES SUB LOT 1 2,170.32 OBERG/DANNY K ROEPKE SUB PT LT 2 & PT LT 1 1,667.65 OBERG/DANNY K ROEPKE SECOND SUB PT LT 1 491.12 EDWARDS BUILDING CORP FONNER SUB LT 1 XC CITY 1,619.08 BOSSELMAN REAL ESTATE LLC BOSSELMAN BUSINESS PARK SUB LT 1 1,369.31 BOSSELMAN REAL ESTATE LLC BOSSELMAN BUSINESS PARK SUB LT 1 1,629.87 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 5 2,158.88 RMA INVESTMENTS, LLC FONNER SECOND SUB XC CITY LT 6 4,317.55 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 1(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 248.65 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 2(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 308.93 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 3(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 279.35 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 4(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 297.06 Page 193 of 202 ORDINANCE NO. 9944 (cont.) - 3 - LEACH INVESTMENT PROPERTIES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 5(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 949.40 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 6(FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 264.38 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNITS 7, 8 & 9 (FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 318.24 ROEBUCK ENTERPRISES, LLC SOUTHEAST COMMONS BUSINESS CONDOS UNIT 10 (FORMERLY FONNER THIRD SUB PT LT 1 & PT LT 3) 960.74 WILLIAMS HOSPITALITY LLC FONNER THIRD SUB REPLATTED PT LT 3 1,511.25 LOCUST STREET LLC STAAB ESTATES SUB LT 2 2,871.06 REILLY/MICHAEL J & CAREY M JNW SUB LT 1 1,662.26 MIDWEST PREMIER INVESTMENTS, LLC NEBRASKA WASH SUB LT 1 1,786.28 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 2 755.68 BRADDY/CINDY MISCELLANEOUS TRACTS XC TO CITY 21-11-9 PT SE 1/4 SE 1/4 .78 AC 1,449.94 AREC 7, LLC MISCELLANEOUS TRACTS 21-11-9 XC CITY PT SE 1/4 SE 1/4 1.17 AC 2,161.36 SAX PIZZA OF AMERICA INC SAX'S SECOND SUB LT 1 1,755.19 GOODWILL INDUST OF GREATER NEBR GOODWILL SIXTH SUB LT 2 1,953.47 HALL COUNTY LIVESTOCK IMPROVEMENT ASSN MISCELLANEOUS TRACTS 22-11-9 TO THE CITYOF GRAND ISLAND PT SW 1/4 SW 1/4 & PT NW1/4 SW 1/4 XC .15 A CITY & 1.03 AC FONNER RD XC .05 AC CITY XC .98 AC CITY 3,432.45 SANCHEZ/FILEMON R & R SUB PT LT 2 1,503.15 BOSSELMAN REAL ESTATE, LLC BOSSELMAN BUSINESS PARK SUB LT 2 3,908.89 53,201.98 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within Page 194 of 202 ORDINANCE NO. 9944 (cont.) - 4 - fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Fonner Park Business Improvement District”. SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 12, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 195 of 202 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 12, 2023 Item #: 13.d. Subject: #9945 - Consideration of Approving Assessments for South Locust Business Improvement District 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 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 South Locust BID Board met and approved the 2023-2024 budget which provides for special assessments in the amount of $104,617. On July 25, 2023 City Council approved the BID budget and set the date for Board of Equalization as September 12, 2023. 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. Attached is a summary of the notice given to owners within the BID and published in the Grand Island Independent on July 28, August 4, and August 11, 2023. 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 Page 196 of 202 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Board of Equalization approve the proposed Special Assessments for the South Locust BID SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 197 of 202 ORDINANCE NO. 9945 An ordinance to assess and levy a special tax to pay the 2023-2024 revenue year cost of South Locust Business Improvement District of the City Of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2023-2024 revenue year cost of South Locust Business Improvement District of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2023-2024 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * Page 198 of 202 ORDINANCE NO. 9945 (cont.) - 2 - OWNER LEGAL ASSESSMENT AMOUNT MMY HOSPITALITY LLC BURCH SUB W 273' LT 1 XC CITY 1,506.44 CASEY'S RETAIL COMPANY BURCH SUB W 125' LT 2-3-4 XC CITY 1,936.45 FUGATE/J LARRY BURCH SUB LT 5 XC CITY 1,290.25 WILLIAMS/SANDRA S BURCH SECOND SUB LT 1 XC CITY 1,507.73 THE EATING ESTABLISHMENT RUNZA SUB LT 1 XC CITY 1,603.24 KDIVER, LLC R & L WILLIS SUB LT 2 2,151.57 WILLIS/RONALD J & LORI D HOLCOMB'S HIGHWAY HOMES LT 14 XC CITY 1,179.04 ROYELLE INC HOLCOMB'S HIGHWAY HOMES LT 15 XC CITY 1,200.23 ROYELLE INC BARTZ SUB LT 1 1,172.58 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 3 1,845.14 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 52' LT 19 & N 1' LT 20 570.16 CARPENTER REAL ESTATE INC HOLCOMB'S HIGHWAY HOMES S 108' LT 20 XC CITY 1,161.83 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES N 60' LT 22 XC CITY 645.45 HOLIDAY PLAZA LLC HOLCOMB'S HIGHWAY HOMES LT 21 XC CITY 1,172.58 DA-LY PROPERTIES LLC HOLCOMB'S HIGHWAY HOMES N 12' LT 24 XC CITY & S 98' LT 23 XC CITY 1,183.34 ROEBUCK ENTERPRISES, LLC HOLCOMB'S HIGHWAY HOMES S 49' LT 22 & N 11' LT 23 XC CITY 645.45 LLAMAS JR/MOISES HOLCOMB'S HIGHWAY HOMES ADDITION S 97' LT 24 XC CITY & N 38' LT 26 XC CITY & ALL 25 XC CITY 2,624.82 ALLSTATE BK REAL ESTATE HOLDINGS, LTD HOLCOMB'S HIGHWAY HOMES N 79' LT 27 XC CITY & S 71' LT 26 XC CITY 1,613.68 GI LODGING, LLC MATTHEWS SUB PT LT 25 XC CITY 2,919.85 KAY ENTERPRISES GRAND ISLAND LLC GARRISON SUB LT 1 XC CITY 2,486.07 Page 199 of 202 ORDINANCE NO. 9945 (cont.) - 3 - CALM NIGHTS LLC MIL-NIC SECOND SUB LT 2 2,941.36 PAULSEN AND SONS INC ROUSH'S PLEASANTVILLE TERRACE SUB LTS 1 & 28 XC CITY & ALL LTS 2-3-26-27 2,151.67 MEHRING/DONALD D SHOVLAIN SECOND SUB LT 2 1,147.31 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 1 200' X 400' XC CITY 2,200.40 CARPENTER/REX E & JONADYNE A WOODLAND FIRST SUB LT 2 200' X 400' XC CITY 2,151.57 VISIONCOMM VENDING, INC WOODLAND FIRST SUB LT 3 XC CITY 2,151.78 OBERG/DANNY K WOODLAND FIRST SUB LT 4 XC CITY 2,140.81 BOURKE/JEFFREY T & KARI K WOODLAND FIRST SUB LT 5 XC CITY 2,151.78 RASMUSSEN JR/RICHARD S WOODLAND FIRST SUB N 50' OF E 260' LT 6 XC CITY 536.17 PAM'S RENTALS LLC WOODLAND FIRST SUB S 126' OF E 260' LT 6XC CITY 1,361.78 ALPHA CORP WOODLAND FIRST SUB E 260' LT 8 XC CITY 2,309.25 SOUTHEAST CROSSINGS LLC WOODLAND SECOND SUB LT 11 XC CITY 5,757.73 HASSAN AL- AHDAL/HAFDALLA WOODLAND SECOND SUB LT 8 1,608.30 CARPENTER REAL ESTATE INC WOODLAND SECOND SUB LT 9 1,613.35 BNB REAL ESTATE, LLC WOODLAND SECOND SUB LT 10 1,703.27 RASMUSSEN JR/RICHARD S WOODLAND THIRD SUB LT 1 XC N 25' OF E 260' XC CITY 805.82 ATERRA 178, 2824 S LOCUST, GRAND WOODLAND THIRD SUB N 25' OF E 260' LT 1 XC CITY & LT 2 XC CITY 1,343.60 TASK VENTURES, LLC WOODRIDGE SOUTH SUB LT 1 XC CITY 2,695.80 TRIUS FEDERAL CREDIT UNION WOODRIDGE SOUTH SUB LT 2 XC CITY 1,128.06 SOUTH POINTE DEVELOPMENT LLC SOUTH POINTE SUB LT 1 2,662.03 SARASWATI LLC MISCELLANEOUS TRACTS 27-11-9 PT N 1/2 SW1/4 SW 1/4 3.03 A 5,439.37 PLATTE VALLEY STATE BANK &EQUESTRIAN MEADOWS SUB LT 1 1,919.57 Page 200 of 202 ORDINANCE NO. 9945 (cont.) - 4 - ROBB/THEODORE J MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 XC CITY 5.08 AC 3,640.26 THE GRAND ISLAND EXTENDED STAY, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 SW 1/4 PT LT 4 ISLAND XC CITY 4.85 AC 3,460.75 INVESTMENT PROPERTY HOLDINGS, LLC KNOX SUB LOT 1 XC CITY 1,508.05 ALL FAITHS PROPERTIES, LLC MISCELLANEOUS TRACTS 27-11-9 PT NW 1/4 NW 1/4 SW 1/4 2.34 AC 2,577.38 HAMIK FAMILY. LLC EQUESTRIAN MEADOWS SUB LT 2 (BUILDING ON IOLL 400501888) 1,559.47 WILLIS/RONALD J & LORI D MISCELLANEOUS TRACTS 28-11-9 PT NE 1/4 NE 1/4 XC CITY .445 AC 1,075.78 ROBB/MASON D KNOX THIRD SUB LT 2 XC CITY 1,123.65 ROBB/TED KNOX THIRD SUB LT 3 XC CITY 829.80 COMMUNITY REDEVELOPMENT AUTHORITY OF GI TALON APARTMENTS SECOND SUB LOT 13 4,169.76 O'REILLY AUTO ENTERPRISES, LLC RUNZA SUB LT 2 XC CITY 1,674.12 ROBB/MASON D KNOX THIRD SUB LT 1 XC CITY 1,881.71 FAULKNER/MARK A & SUZANNE G EQUESTRIAN MEADOWS SUB LT 3 1,977.76 HERITAGE HOSPITALITY INC VANOSDALL SUB LT 1 801.84 104,617.01 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. Page 201 of 202 ORDINANCE NO. 9945 (cont.) - 5 - SECTION 4. Such special assessments shall be paid into a fund to be designated as the “South Locust Business Improvement District”. SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 12, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 202 of 202