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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 Grand Island Regular Meeting - 11/2/2022 Page 1 / 50 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. Grand Island Regular Meeting - 11/2/2022 Page 2 / 50 Hall County Regional Planning Commission Wednesday, November 2, 2022 Regular Meeting Item A1 Agenda November 2, 2022 Staff Contact: Grand Island Regular Meeting - 11/2/2022 Page 3 / 50 Grand Island Regular Meeting - 11/2/2022 Page 4 / 50 Grand Island Regular Meeting - 11/2/2022 Page 5 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 6 / 50 Hall County Regional Planning Commission Wednesday, November 2, 2022 Regular Meeting Item E1 Meeting Minutes October 5, 2022 Staff Contact: Grand Island Regular Meeting - 11/2/2022 Page 7 / 50 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. Grand Island Regular Meeting - 11/2/2022 Page 8 / 50 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. Grand Island Regular Meeting - 11/2/2022 Page 9 / 50 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. Grand Island Regular Meeting - 11/2/2022 Page 10 / 50 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. Grand Island Regular Meeting - 11/2/2022 Page 11 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 12 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 13 / 50 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: Grand Island Regular Meeting - 11/2/2022 Page 14 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 15 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 16 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 17 / 50 Existing Zoning Grand Island Regular Meeting - 11/2/2022 Page 18 / 50 Future Land Use Map Grand Island Regular Meeting - 11/2/2022 Page 19 / 50 2004 Future Land Use Map as Adopted with the Grand Island Comprehensive Plan Grand Island Regular Meeting - 11/2/2022 Page 20 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 21 / 50 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. Grand Island Regular Meeting - 11/2/2022 Page 22 / 50 Grand Island Regular Meeting - 11/2/2022 Page 23 / 50 Grand Island Regular Meeting - 11/2/2022 Page 24 / 50 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: Grand Island Regular Meeting - 11/2/2022 Page 25 / 50 Guenther Rd W 90th Rd SRNS EngelSubdivision ® PROPOSED SUBDIVISIONLOCATION MAP 1 inch = 200 feet Grand Island Regular Meeting - 11/2/2022 Page 26 / 50 Grand Island Regular Meeting - 11/2/2022 Page 27 / 50 Grand Island Regular Meeting - 11/2/2022 Page 28 / 50 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: Grand Island Regular Meeting - 11/2/2022 Page 29 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 30 / 50 Grand Island Regular Meeting - 11/2/2022 Page 31 / 50 Grand Island Regular Meeting - 11/2/2022 Page 32 / 50 Grand Island Regular Meeting - 11/2/2022 Page 33 / 50 Grand IslandRegular Meeting - 11/2/2022Page 34 / 50 US Highway 34 WBrentwood BlvdTech DrTech DrWortman D r Central CommunityCollege 2ndSubdivision ® PROPOSED SUBDIVISIONLOCATION MAP 1 inch = 300 feet Grand Island Regular Meeting - 11/2/2022 Page 35 / 50 Grand IslandRegular Meeting - 11/2/2022Page 36 / 50 Grand Island Regular Meeting - 11/2/2022 Page 37 / 50 Grand IslandRegular Meeting - 11/2/2022Page 38 / 50 Hall County Regional Planning Commission Wednesday, November 2, 2022 Regular Meeting Item S1 Comprehensive Plans Staff Contact: Grand Island Regular Meeting - 11/2/2022 Page 39 / 50 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 Grand Island Regular Meeting - 11/2/2022 Page 40 / 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. Grand Island Regular Meeting - 11/2/2022 Page 41 / 50 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 4 Grand Island Regular Meeting - 11/2/2022 Page 43 / 50 5 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 1 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. Grand Island Regular Meeting - 11/2/2022 Page 46 / 50 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 47 / 50 4 Grand Island Regular Meeting - 11/2/2022 Page 48 / 50 5 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 Grand Island Regular Meeting - 11/2/2022 Page 50 / 50