11-02-2022 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, November 2, 2022
Regular Meeting Packet
Commission Members:
Judd Allan Hall County
Tony Randone Grand Island
Darrell Nelson Grand Island
Hector Rubio Grand Island
Leonard Rainforth Hall County
Nick Olson Doniphan
Tyler Doane Wood River
Robin Hendricksen Grand Island
Jaye Monter Cairo Vice Chairperson
Pat O’Neill Hall County Chairperson
Greg Robb Hall County
Leslie Ruge Alda Secretary
Regional Planning Director: Chad Nabity
Planning Technician:
Rashad Moxey
Administrative Assistant:
Norma Hernandez
6:00 PM
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Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
DIRECTOR COMMUNICATION
This is an opportunity for the Director to comment on current events, activities, and issues of interest to
the commission.
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Hall County Regional Planning
Commission
Wednesday, November 2, 2022
Regular Meeting
Item A1
Agenda November 2, 2022
Staff Contact:
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Staff Summary November 2022 Page 1
Staff Recommendation Summary
For Regional Planning Commission Meeting
November 2, 2022
4. 2022 Community Beautification Award
5. Public Hearing – Proposed Rezoning – Grand Island. Public Hearing
regarding the rezoning located at 4060 Stauss Road including West End
Subdivision Lots 1-14 Inclusive and adjoining right of way to the center of
the dedicated streets from LLR Large Lot Residential to B2 General
Business Zone (C-06-23GI). This extends the existing B2 zone. The
owner of the storage units to the east want to expand his storage facility.
See Full Recommendation (Hearing, Discussion, Action)
Consent Agenda
6. Final Plat – RNS Engle Subdivision– Hall County: Located south of
Gunther Road and west of 90th Road in Hall County. This splits an existing
farmstead from a tract of 20 acres or more. (1 Lot, 1.257 Acres)
7. Final Plat – Central Community College Second Subdivision – Grand
Island: Located at the north of Husker Highway and east of U.S. Highway
281- This property is zoned RO Residential Office. The college is planning
dormitories and additional buildings in the next few years and this will get
them started on that process.(7 Lots, 29.26 Acres)
8. Comprehensive Plan- Doniphan and Alda approved budget for updating
their comprehensive development plans. Contract amendments are
included.
Special Meeting November 14, 2022. 5:30 PM
Next Regular Meeting December 7, 2022
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Hall County Regional Planning
Commission
Wednesday, November 2, 2022
Regular Meeting
Item E1
Meeting Minutes October 5, 2022
Staff Contact:
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THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
October 5, 2022
The meeting of the Regional Planning Commission was held Wednesday, October 5, 2022 at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the “Grand Island
Independent” on September 24, 2022.
Present: Leslie Ruge Nick Olson Darrel Nelson
Pat O’Neill Leonard Rainforth Judd Allan
Greg Robb Hector Rubio
Tony Randone Jaye Monter
Absent: Tyler Doane and Robin Hendricksen
Other:
Staff: Chad Nabity and Norma Hernandez
Press:
1.Call to order.
Chairman O’Neill called the meeting to order at 6:00 p.m.
O’Neill stated that this was a public meeting subject to the open meetings laws of the
State of Nebraska. He noted that the requirements for an open meeting are posted on
the wall in the room and easily accessible to anyone who may be interested in reading
them.
O’Neill also noted the Planning Commission may vote to go into Closed Session on
any agenda item as allowed by State Law.
The Commission will discuss and may take action on any item listed on this agenda.
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The order of items on the agenda may be reorganized by the Chair to facilitate the flow
of the meeting to better accommodate the public.
2. Minutes of the September 7, 2022 meeting.
A motion was made by Rubio and second by Randone to approve the minutes of
the September 7, 2022 meeting.
The motion carried with nine members voting in favor (Nelson, O’Neill, Ruge, Olson,
Robb, Monter, Rainforth, Rubio, and Randone) and one member abstaining (Allan), no
members voting no (Doane and Hendricksen were absent).
3.Request Time to Speak.
Keith Marvin – Marvin Planning Consultants – David City, NE – Item #7 and
Item #8
Drew Snyder – 20010 Manderson Street ,Omaha, NE – Item # 7 and Item 8
Alex Bullington – 3601 Jumpstreet, Omaha, NE – Item # 5
Bruce Schreiner – 2535 N. Carleton Grand Island, NE Item #6
Zackary Butz – 308 N. Locust Street, Grand Island, NE – Item # 6
Brad Kissler – 605 Sandalwood Dr, Grand Island, NE – Item # 6
Nabity introduced the Boy Scouts Troop 14 and Troop 114 from Grand Island.
4.Public Hearing – Comprehensive Plan Amendment - Grand Island Public Hearing
concerning an amendment to the future land use element of the Grand Island
Comprehensive Plan for property between Broadwell Avenue and U.S. Highway 281
and Capital Avenue and Airport Road Grand Island, Hall County, Nebraska.
(C-01-23GI)
O’Neill opened the public hearing.
Nabity stated the Future Land Use Map from the Grand Island Comprehensive Plan
identified the area of the Veteran’s Home as public. The updated Veterans Legacy
Project Master Plan shows uses of mixed use developments with some commercial,
residential, housing and office uses. Based on the proposed development in the area it is
appropriate to consider changes to the future land use map that would allow for more of
a mixed use designation. The proposed changes facilitate development north of Capital
Ave in accordance to the vision of the Veterans Legacy Project Master Plan. These
changes would allow for the creation of a mixed use developments north of Capital Ave
and South of Airport Rd. While preserving property for public uses around Eagle Scout
Park, the Veteran’s Ball Fields and the Veteran’s Cemetery. The Regional Planning
Commission recommends that the Grand Island City Council change the Future Land
Use Component of the Grand Island Comprehensive Plan.
O’Neill closed the public hearing.
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A motion was made by Randone and second by Rainforth to approve the
Comprehensive Plan Amendment Grand Island.
The motion was carried with ten members voting in favor (Nelson, Allan, O’Neill,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Randone) and no members
abstaining or voting no (Hendricksen and Doane were absent).
5. Public Hearing – Redevelopment Plan – Grand Island. Public Hearing Concerning
a redevelopment plan amendment for CRA Area No. 16 to allow for residential reuse of
the Pershing and Anderson Buildings at the former Veterans’ Home property at 2206
and 2300 W. Capital Avenue Grand Island, Hall County, Nebraska.
Resolution 2023-01 (C-02-23GI)
O’Neill opened the public hearing.
Nabity stated the redevelopment plan is requesting $715,000 in tax increment
financing the majority of the funding is for the project is coming from Nebraska
Investment Authority and Historic Tax Credits. The developer is proposing to reuse
these existing buildings to create 48 units of apartments in the Pershing and Anderson
Building. The redevelopment plan is consistent with the Comprehensive Plan and
recommends approval as presented.
Alex Bullington – 3601 Jumpstreet, Omaha, NE – Mr. Bullington with White
Lotus group was available for questions.
O’Neill closed the public hearing.
A motion was made by Monter and second by Ruge to approve the redevelopment plan
for CRA Area No. 16 and resolution 2023-01.
The motion was carried with ten members voting in favor (Nelson, Allan O’Neill,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Randone) and no members
abstaining or voting no (Hendricksen and Doane were absent).
6.Public Hearing – Redevelopment Plan – Grand Island. Public Hearing Concerning a
redevelopment plan amendment for CRA Area No. 34 to allow for commercial
development on property located at Claude Road and Faidley Avenue (Lot 1 of Crane
Valley Ninth Subdivision) in Grand Island, Hall County, Nebraska. Resolution 2023-02
(C-03-2023GI)
O’Neill opened the public hearing.
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Nabity stated KER Enterprises LLC is proposing to develop a family entertainment
center. The request for tax increment financing is different for this applicant. CRA and
the City of Grand Island will retain 25% of the tax increment generated by this project
to help pay for Claude Road extension. The property is zoned B2 General Business.
The future land use map calls for commercial uses at this location. The redevelopment
plan is consistent with the Comprehensive Plan of the City of Grand Island and
recommends approval as presented.
Bruce Schreiner – 2535 N. Carleton, Grand Island, NE – Mr. Shriner was
available for questions.
Zack Butz - 308 N. Locust Street, Grand Island, NE – Mr. Butz was available
for to answer any questions.
Brad Kissler - 605 Sandalwood Dr, Grand Island, NE – Mr. Kissler went over
the project and was available to answer questions.
O’Neill closed the public hearing.
A motion was made by Rainforth and second by Rubio to approve the Redevelopment
Plan amendment for CRA Area No. 34 1-located at Claude Road and Faidley Avenue
and Resolution 2023-02.
The motion was carried with ten members voting in favor (Nelson, Allan, O’Neill,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Randone) and no members
abstaining or voting no (Hendrickson and Doane were absent).
7.Public Hearing – Proposed CRA Area No. 28 – Grand Island – Proposed CRA Area
#28 located between 13th Street and State Street and U.S. Highway 281 and Webb Road
(including the Conestoga Mall) in Grand Island, Hall County Nebraska). Resolution
2023-03 (C-04-23GI)
O’Neill opened the public hearing for item number 7 and number 8 Extremely Blighted
Study.
Nabity stated the study does show the property can be declared blighted and
substandard. The study area is approximately 78.45 acres of property located between
U.S Highway 281 and Webb Road and 13th Streets including the Conestoga Mall.
Nabity also mentioned the Woodsonia, an Omaha based real estate company, has the
Conestoga Mall property under contract. The project is based on complying with some
components which includes getting declared blighted and substandard and approved for
tax increment financing.
Planning Commission staff recommends approval.
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Nabity stated the Extremely Blighted Study is a designation that was put into place by
the Legislature about 4 years ago. For an area to be designated as extremely blighted
and substandard 1- area had to have been declared blighted and substandard 2) an
unemployment rate twice the state’s unemployment rate based on US Census data and
3) a poverty rate of 20 percent or more
Designating an area as Extremely Blighted provides two potential benefits to
redevelopment in the area and any residents in the area along with a benefit to the City.
1. The term of TIF bonds in Extremely Blighted areas may extended from 15 years to
20 years.
2.First time home buyers that purchase qualifying homes in areas that have been
declared Extremely Blighted as their primary residence prior to January 1, 2026 will
receive an income tax credit of up to $5000.
3.Remove those areas that are declared Extremely Blighted from 35% cap on area
that can be declared Blighted and Substandard
Keith Marvin – Marvin Planning Consultants –
Drew Snyder – 20010 Manderson Street ,Omaha, NE – Mr. Snyder with Woodsonia
Real Estate – went over the project and was available for questions.
O’Neill closed the public hearing.
A motion was made by Robb and second by Randone to approve the Substandard
and Blight Study for CRA Area No. 28 and Resolution 2023-03 and Extremely
Blighted Study and Resolution 2023-04.
The motion was carried with nine members voting in favor ( Allan, Nelson, Ruge,
Olson, Robb, Monter, Rainforth, Rubio, and Randone) and one member abstaining
(O’Neill) and no members voting no (Hendricksen and Doane were absent).
8.Public Hearing – Extremely Blighted Study – Grand Island – Public Hearing
Concerning a study to identify those areas of Grand Island that can qualify as
Extremely Blighted per Nebraska Community Redevelopment Law.
Resolution 2023-04 (C-05-23GI)
Consent Agenda
9. Final Plat – Holtz 2nd Subdivision– Hall County: Located west of 190th Road and
north of Wood River Road in Hall County. This is property is zoned A-1 and this plat
increases the size of the existing lot 1 of Holtz Subdivision. (1 Lot, 2.137 Acres).
10.Final Plat – Northwest Gateway Second Subdivision– Grand Island: Located at the
north end of Colorado Avenue. (4 Lots, 2.290 Acres)
11.Final Plat – Woodland Park 19th Subdivision—Grand Island: Located east of
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Independence Avenue and south of Pennsylvania Avenue. (2 Lots, 6.979Acres)
A motion was made by Rainforth and second by Rubio to approve all items on the
consent agenda.
The motion was carried with ten members voting in favor (Allan, Nelson, O’Neill,
Ruge, Olson, Robb, Monter, Rainforth, Rubio and Randone) and no members
abstaining or voting no (Hendricksen and Doane were absent).
12.Comprehensive Plans
Payment of Claims
A motion was made by Nelson and second by Ruge to approve payment of claims.
The motion was carried with ten members voting in favor (Allan, Nelson, O’Neill,
Ruge, Olson, Robb, Monter, Rainforth, Rubio, and Randone) and no members
abstaining or voting no (Hendrickson and Doane were absent).
13.Directors Report
Community Beautification Award –
Planning Commission Member Terms of Service
14. Next Meeting November 2, 2022
15.Adjourn.
O’Neill adjourned the meeting at 6:59 p.m.
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
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Hall County Regional Planning
Commission
Wednesday, November 2, 2022
Regular Meeting
Item F1
Public Hearing - Proposed Rezoning - Rezoning - Grand Island -
Public Hearing regarding the rezoning located at 4060 Stauss Road
including West Road including West End Subdivision Lots 1-14
Inclusive and adjoining right of way
Staff Contact:
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Agenda Item #7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
October 24, 2022
SUBJECT:Zoning Change (C-06-23GI)
PROPOSAL: To rezone approximately 2.5 acres of land north of Stauss Road and east
of Centre Street, from LLR Large Lot Residential to B-2 General Business Zone, in the
City of Grand Island. The purpose of this rezoning request extend the self storage
buildings from the east and remove the existing house.
OVERVIEW:
Site Analysis
Current zoning designation: LLR: Large Lot Residential.
Intent of zoning district LLR:To provide for a transition from rural to urban
uses, and is generally located on the fringe of the
urban area. This zoning district permits residential
dwellings at a maximum density of two dwelling
units per acre, as well as other open space and
recreational activities.
Permitted and conditional uses: LLR: Agricultural uses, recreational uses and
residential uses at a density of two dwelling units
per acre.
Proposed zoning district B-2: Residential uses at a density of up to 43 units
per acre, a variety of commercial, retail, office and
service uses.
Comprehensive Plan Designation: Designated for manufacturing development.
Existing land uses. Single family home to be removed.
Adjacent Properties Analysis
Current zoning designations: East: B-2-General Business
North: R-1 – Suburban Density Residential
West and South: LLR- Large Lot Residential
Intent of zoning district: B-2:The intent of this zoning district is to provide
for the service, retail and wholesale needs of the
general community. This zoning district will contain
uses that have users and traffic from all areas of
the community and trade areas, and therefore will
have close proximity to the major traffic corridors of
the City. Residential uses are permitted at the
density of the (R-4) High Density Residential
Zoning District.
Permitted and conditional uses: R-1 - Agricultural uses, recreational uses and
residential uses at a density of four dwelling units
per acre LLR - Agricultural uses, recreational uses
and residential uses at a density of two dwelling
units per acre. B-2-Residential uses at a density of
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up to 43 units per acre, a variety of commercial,
retail, office and service uses.
Comprehensive Plan Designation: North: Designated for Low to Medium Density
Residential
South, East and West: Designated Manufacturing
Development.
Existing land uses: North: single-family residential
East: Storage Units
South and West: Single-family home on large lots
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EVALUATION:
Positive Implications:
Largely consistent with the City’s Comprehensive Land Use Plan: The subject
property is designated for manufacturing development but the existing zoning to the
east is B-2.
Accessible to Existing Municipal Infrastructure: City water and sewer services are
available to service the rezoning area.
Constent with the existing commercial development: This property adjacent to
existing commercial uses (self storage). This proposal just extends the commercial
zoning across the full property.
Negative Implications:
No Negative Consequences Foreseen
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on the this site from LLR-Large Lot Residential to B-2-
General Business as requested and shown on the attached map.
___________________ Chad Nabity AICP, Planning Director
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Existing Zoning
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Future Land Use Map
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2004 Future Land Use Map as Adopted with the Grand Island Comprehensive Plan
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APPLICATION FOR REZONING OR ZONING ORDINANCE CHANGE
Regional Planning Commission
Check Appropriate Location: RPC Filing Fee City of Grand Island and 2 mile zoning jurisdiction (see reverse side) Alda, Cairo, Doniphan, Wood River and 1 mile zoning jurisdiction plus Municipal Fee* $50.00
Hall County *applicable only in Alda, Doniphan, Wood River
A. Applicant/Registered Owner Information (please print):
Applicant Name Phone (h) (w)
Applicant Address
Registered Property Owner (if different from applicant)
Address Phone (h) (w)
B. Description of Land Subject of a Requested Zoning Change: Property Address
Legal Description: (provide copy of deed description of property)
Lot Block Subdivision Name , and/or
All/Part ¼ of Section TWP RGE W6PM
C. Requested Zoning Change: 1. Property Rezoning (yes ) (no )
(provide a properly scaled map of property to be rezoned) From to
2. Amendment to Specific Section/Text of Zoning Ordinance (yes ) (no )
(describe nature of requested change to text of Zoning Ordinance)
D. Reasons in Support of Requested Rezoning or Zoning Ordinance Change:
NOTE: This application shall not be deemed complete unless the following is provided:
1. Evidence that proper filing fee has been submitted. 2. A properly scaled map of the property to be rezoned (if applicable), and copy of deed description. 3. The names, addresses and locations of all property owners immediately adjacent to, or within, 300 feet of the perimeter of the property to be rezoned (if the property is bounded by a street, the 300 feet shall begin across the street from the property to be rezoned). 4. Acknowledgement that the undersigned is/are the owner(s), or person authorized by the owner(s) of record title of any property which is requested to be rezoned: *A public hearing will be held for this request*
Signature of Owner or Authorized Person Date
Note: Please submit a copy of this application, all attachments plus any applicable municipal filing fee to the appropriate Municipal Clerk’s Office. RPC filing fee must be submitted separately to the Hall County Treasurer’s Office (unless application is in Grand Island or its 2 mile zoning jurisdiction, then the RPC filing fee must be submitted to the G.I. City Clerk’s Office).
Application Deemed Complete by RPC: mo. day. yr. Initial RPC form revised 10/23/19
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REGIONAL PLANNING COMMISSION FEES AND CHARGES
Effective October 1, 2020
Service or Product Fee
Zoning Map Amendment (General) $900.00 Zoning Ordinance Text Amendment $900.00 CD or RD Comprehensive Rezoning (Grand Island 2 mile) $900.00 P.U.D. Rezoning $850.00 + $10.00/lot
Payment of Fees and Charges:
Zoning, Subdivision and Comprehensive plan amendment fees associated with land located within Grand Island or its 2 mile jurisdiction, are payable to the City Clerk of Grand Island. Zoning, Subdivision and Comprehensive plan amendment fees associated with lands located
within all other areas of Hall County are payable to the Hall County Treasurer’s Office.
*Additional fees are charged for zoning within the City of Wood River, and the Villages of Alda
and Doniphan of $50.00 each, payable to the appropriate Clerk’s office.
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Hall County Regional Planning
Commission
Wednesday, November 2, 2022
Regular Meeting
Item J1
Final Plat - RNS Engle Subdivision - Hall County - Located South
of Gunther Road and west of 90th Road in Hall County. (1 Lot,
1.257 Acres)
Staff Contact:
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Guenther Rd W
90th Rd SRNS EngelSubdivision
®
PROPOSED SUBDIVISIONLOCATION MAP
1 inch = 200 feet
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Hall County Regional Planning
Commission
Wednesday, November 2, 2022
Regular Meeting
Item J2
Preliminary and Final Plat - Central Community College Second
Subdivision - Grand Island - Located at the north of Husker
Highway and east of U.S Highway 281 - (& Lots, 29.26 Acres)
Staff Contact:
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Brentwood BlvdUS Highway 34 W WicklowDr
Lakewood Dr Sothman DrBrentwood Dr
Lakewood CirPioneer BlvdBrentwood Blvd
Tech DrTech DrWortma
n
DrCenteralCommunity CollegePreliminary Plat
®
PROPOSED SUBDIVISIONLOCATION MAP
1 inch = 400 feet
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US Highway 34 WBrentwood BlvdTech DrTech DrWortman
D
r
Central CommunityCollege 2ndSubdivision
®
PROPOSED SUBDIVISIONLOCATION MAP
1 inch = 300 feet
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Hall County Regional Planning
Commission
Wednesday, November 2, 2022
Regular Meeting
Item S1
Comprehensive Plans
Staff Contact:
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1
CONTRACT FOR SERVICES
Doniphan, Nebraska
Comprehensive Plan/Zoning and Subdivision Regulations
This agreement between Doniphan, Nebraska (Village)/Hall County Regional Planning
Commission and Marvin Planning Consultants (MPC) is hereby entered this _____day of __________,
2022. This agreement shall consist of this document and such other drawings; conditions and
stipulations as shall be mutually agreed to and attached hereto.
The purpose of this agreement is for the project entitled Doniphan, Nebraska Comprehensive
Plan/Zoning and Subdivision Regulations and Blighted and Substandard Study. A scope of services
to be performed under this agreement is contained in Section 1. Such work shall begin upon
signing of this document and is estimated to be substantially complete by February 2024.
Modification or additions to this schedule may be authorized by mutual consent of the Village
and MPC.
SECTION 1 - Scope of Services
A. MPC shall provide the following services to the Village:
See Thayer County for specific components. Meetings shall be limited.
MPC may combine reports listed above in order to facilitate review and comment. Additional
services may be performed by MPC at the direction of the Village and with modification to the
contract amount in Section 2. Such services shall be mutually agreed to and attached to this
document.
The standard of care for all professional services performed or furnished by MPC under this
Agreement will be the care and skill ordinarily used by members of the MPC's profession practicing
under similar conditions at the same time and in the same locality. MPC makes no warranties,
expressed or implied, under this Agreement or otherwise, in connection with services provided.
All documents prepared or furnished by MPC pursuant to this Agreement are instruments of service
developed exclusively for use of the Village, and MPC shall retain an ownership and property
interest therein. Other reuse of any such documents by Village shall be at Village’s sole risk; and
Village agrees to indemnify, and hold MPC harmless from all claims, damages, and expenses
including attorney's fees arising out of such reuse of documents by Village or by others acting
through Village.
B. VILLAGE shall provide the following:
1. A project manager as a direct liaison with MPC to provide instruction and direction on
behalf of the Village.
2. Provide all printed materials for meetings prior to the final documents being printed.
3. As needed, copies of all existing base maps owned by or in the possession of the Village.
4. Copies of all studies and data in its possession or that it may obtain that are relevant to the
performance of this contract.
5. Reasonable assistance in contacting residents and agencies, scheduling activities and
distributing information about the project.
6. Arrange for safe access to and make all provisions for MPC and MPC's Consultants to enter
upon public and private property as required for MPC to perform services under this
Agreement.
7. Examine all alternate solutions, studies, reports, sketches, drawings, specifications, proposals
and other documents presented by MPC (including obtaining advice of an attorney and
other consultants as Village deems appropriate with respect to such examination) and
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2
render in writing decisions pertaining thereto.
8. Give prompt written notice to MPC whenever Village observes or otherwise becomes
aware of any development that affects the scope or time of performance or furnishing of
MPC services, or any defect or nonconformance in MPC's services or in the work of any
Subconsultant.
9. Review by Village Attorney of documents for conformity with existing local, state and
federal law and regulations.
10. MPC shall be entitled to use and rely upon all such information and services provided by
Village or others in performing services under this Agreement.
SECTION 2 - Contract Sum and Payment
The Village shall pay MPC a total lump sum of $15,000.00 for the performance of the scope of
services in Section 1. Phased breakdown is described in Attachment #1.
The City will be billed monthly for services completed and performed to date. All Invoices not paid
within 30 days will be increased at the rate of 1.0% per month (or the maximum rate of interest
permitted by law, if less) from said day.
In addition, MPC may, after giving seven (7) days written notice to City, suspend services under
this Agreement until MPC has been paid in full all amounts due for services, expenses, and other
related charges.
Additional services as may be agreed to and as may be added to Section 1.A above shall be
billed in accordance with the agreement or addendum authorizing such service.
SECTION 3 - General Considerations
A. Controlling Law
This Agreement is to be governed by the law of the State of Nebraska.
B. Successors and Assigns
Neither party shall assign, sublet, or transfer its rights, interests or obligations under this Agreement
without the express written consent of the other party.
C. Unless expressly provided otherwise in this Agreement:
1. Nothing in this Agreement shall be construed to create, impose or give rise to any duty
owed by MPC to any Contractor, Subcontractor, Supplier, other person or entity, or to any
surety for or employee of any of them, or give any rights in or benefits under this Agreement
to anyone other than Village and MPC.
2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit on Village and MPC and not for the benefit of any other party.
D. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party
at the address which appears on the signature page to this Agreement and given personally, by
registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized
overnight courier service. All notice shall be effective upon the date of receipt.
E. Severability and Waiver
Any provisions or part of the Agreement held to be void or unenforceable under any laws or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Village and MPC, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision. Non-enforcement of any provision by
either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of
that provision or of the remainder of this Agreement.
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3
F. Termination of Contract
Either party may at any time, upon seven (7) days prior written notice to the other party, terminate
this Agreement. Upon such termination, Village shall pay to MPC all amounts owing to MPC under
this Agreement, for all work performed up to the effective date of termination.
Signed this day of , 2022.
Chair, Hall County RPC Marvin Planning Consultants
Chair Keith A. Marvin AICP, President
Attest:
Grand Island Regular Meeting - 11/2/2022 Page 42 / 50
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Grand Island Regular Meeting - 11/2/2022 Page 43 / 50
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PROJECT FEE STRUCTURE COMPREHENSIVE PLAN
PROJECT KICK-OFF AND ORGANIZATION
Total Fee: $1,000.00
COMMUNITY PROFILE
Total Fee: $5,000.00
ENVISION DONIPHAN
Total Fee: $1,300.00
DONIPHAN TOMORROW
Total Fee: $5,000.00
IMPLEMENTATION PLAN
Total Fee: $ 700.00
COMPREHENSIVE PLAN
Total Fee: $13,000.00
Total Time frame: 6 - 9 months
ZONING AND SUBDIVISION REGULATION UPDATE
Total Fee: $7,000.00
Total Time frame: 6 - 9 months
The overall fee will be modified and adjusted based upon the final negotiated Scope of
Services. Our team would welcome the opportunity to discuss the Scope of Services and
Proposed Fee further.
TOTAL FEES AND TIMEFRAME
Total Fee: $20,000.00
Total Time frame: 12 - 14 months
Grand Island Regular Meeting - 11/2/2022 Page 44 / 50
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CONTRACT FOR SERVICES
Alda, Nebraska
Comprehensive Plan/Zoning and Subdivision Regulations
This agreement between Alda, Nebraska (Village)/Hall County Regional Planning Commission
and Marvin Planning Consultants (MPC) is hereby entered this _____day of __________, 2022. This
agreement shall consist of this document and such other drawings; conditions and stipulations as
shall be mutually agreed to and attached hereto.
The purpose of this agreement is for the project entitled Alda, Nebraska Comprehensive
Plan/Zoning and Subdivision Regulations and Blighted and Substandard Study. A scope of services
to be performed under this agreement is contained in Section 1. Such work shall begin upon
signing of this document and is estimated to be substantially complete by February 2024.
Modification or additions to this schedule may be authorized by mutual consent of the Village
and MPC.
SECTION 1 - Scope of Services
A. MPC shall provide the following services to the Village:
See Thayer County for specific components. Meetings shall be limited.
MPC may combine reports listed above in order to facilitate review and comment. Additional
services may be performed by MPC at the direction of the Village and with modification to the
contract amount in Section 2. Such services shall be mutually agreed to and attached to this
document.
The standard of care for all professional services performed or furnished by MPC under this
Agreement will be the care and skill ordinarily used by members of the MPC's profession practicing
under similar conditions at the same time and in the same locality. MPC makes no warranties,
expressed or implied, under this Agreement or otherwise, in connection with services provided.
All documents prepared or furnished by MPC pursuant to this Agreement are instruments of service
developed exclusively for use of the Village, and MPC shall retain an ownership and property
interest therein. Other reuse of any such documents by Village shall be at Village’s sole risk; and
Village agrees to indemnify, and hold MPC harmless from all claims, damages, and expenses
including attorney's fees arising out of such reuse of documents by Village or by others acting
through Village.
B. VILLAGE shall provide the following:
1. A project manager as a direct liaison with MPC to provide instruction and direction on
behalf of the Village.
2. Provide all printed materials for meetings prior to the final documents being printed.
3. As needed, copies of all existing base maps owned by or in the possession of the Village.
4. Copies of all studies and data in its possession or that it may obtain that are relevant to the
performance of this contract.
5. Reasonable assistance in contacting residents and agencies, scheduling activities and
distributing information about the project.
6. Arrange for safe access to and make all provisions for MPC and MPC's Consultants to enter
upon public and private property as required for MPC to perform services under this
Agreement.
7. Examine all alternate solutions, studies, reports, sketches, drawings, specifications, proposals
and other documents presented by MPC (including obtaining advice of an attorney and
other consultants as Village deems appropriate with respect to such examination) and
Grand Island Regular Meeting - 11/2/2022 Page 45 / 50
2
render in writing decisions pertaining thereto.
8. Give prompt written notice to MPC whenever Village observes or otherwise becomes
aware of any development that affects the scope or time of performance or furnishing of
MPC services, or any defect or nonconformance in MPC's services or in the work of any
Subconsultant.
9. Review by Village Attorney of documents for conformity with existing local, state and
federal law and regulations.
10. MPC shall be entitled to use and rely upon all such information and services provided by
Village or others in performing services under this Agreement.
SECTION 2 - Contract Sum and Payment
The Village shall pay MPC a total lump sum of $15,000.00 for the performance of the scope of
services in Section 1. Phased breakdown is described in Attachment #1.
The City will be billed monthly for services completed and performed to date. All Invoices not paid
within 30 days will be increased at the rate of 1.0% per month (or the maximum rate of interest
permitted by law, if less) from said day.
In addition, MPC may, after giving seven (7) days written notice to City, suspend services under
this Agreement until MPC has been paid in full all amounts due for services, expenses, and other
related charges.
Additional services as may be agreed to and as may be added to Section 1.A above shall be
billed in accordance with the agreement or addendum authorizing such service.
SECTION 3 - General Considerations
A. Controlling Law
This Agreement is to be governed by the law of the State of Nebraska.
B. Successors and Assigns
Neither party shall assign, sublet, or transfer its rights, interests or obligations under this Agreement
without the express written consent of the other party.
C. Unless expressly provided otherwise in this Agreement:
1. Nothing in this Agreement shall be construed to create, impose or give rise to any duty
owed by MPC to any Contractor, Subcontractor, Supplier, other person or entity, or to any
surety for or employee of any of them, or give any rights in or benefits under this Agreement
to anyone other than Village and MPC.
2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit on Village and MPC and not for the benefit of any other party.
D. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party
at the address which appears on the signature page to this Agreement and given personally, by
registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized
overnight courier service. All notice shall be effective upon the date of receipt.
E. Severability and Waiver
Any provisions or part of the Agreement held to be void or unenforceable under any laws or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Village and MPC, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision. Non-enforcement of any provision by
either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of
that provision or of the remainder of this Agreement.
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F. Termination of Contract
Either party may at any time, upon seven (7) days prior written notice to the other party, terminate
this Agreement. Upon such termination, Village shall pay to MPC all amounts owing to MPC under
this Agreement, for all work performed up to the effective date of termination.
Signed this day of , 2022.
Chair, Hall County RPC Marvin Planning Consultants
Chair Keith A. Marvin AICP, President
Attest:
Grand Island Regular Meeting - 11/2/2022 Page 47 / 50
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Grand Island Regular Meeting - 11/2/2022 Page 48 / 50
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PROJECT FEE STRUCTURE COMPREHENSIVE PLAN
PROJECT KICK-OFF AND ORGANIZATION
Total Fee: $ 800.00
COMMUNITY PROFILE
Total Fee: $2,750.00
ENVISION ALDA
Total Fee: $1,000.00
ALDA TOMORROW
Total Fee: $2,750.00
IMPLEMENTATION PLAN
Total Fee: $ 700.00
COMPREHENSIVE PLAN
Total Fee: $8,000.00
Total Time frame: 6 - 9 months
ZONING AND SUBDIVISION REGULATION UPDATE
Total Fee: $7,000.00
Total Time frame: 6 - 9 months
The overall fee will be modified and adjusted based upon the final negotiated Scope of
Services. Our team would welcome the opportunity to discuss the Scope of Services and
Proposed Fee further.
TOTAL FEES AND TIMEFRAME
Total Fee: $15,000.00
Total Time frame: 12 - 14 months
Grand Island Regular Meeting - 11/2/2022 Page 49 / 50
Invoice
Date
10/24/2022
Invoice #
1308
Bill To
Hall Couny Regioanl Planning Commission
Chad Nabity
PO Box 1968
Grand Island, NE 68802-1968
Marvin Planning Consultants, Inc
382 N. 4th Street
PO Box 410
David City, NE 68632
P.O. No.Terms
Net 30
Due Date
11/23/2022
Account #Project
Phone #
402.367.5031
E-mail
kmarvin@marvinplanning.com
Total
Balance Due
Payments/Credits
Description Qty Rate Amount
See attached pdf 22,111.25 22,111.25
Out-of-state sale, exempt from sales tax 0.00% 0.00
$22,111.25
$22,111.25
$0.00
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