05-14-2019 City Council Regular Meeting Packet
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Agenda
City Council:
Jason Conley
Michelle Fitzke
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Clay Schutz
Mark Stelk
Mayor:
Roger G. Steele
City Administrator:
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street, Grand Island, NE 68801
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City of Grand Island Tuesday, May 14, 2019
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.
Invocation - Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North
Custer Avenue
Pledge of Allegiance
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.
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item C-1
Recognition of Rodger "Reggie" Schmit, Lineman 1st Class with
the Utilities Department for 25 Years of Service with the City of
Grand Island
The Mayor and City Council will recognize Rodger "Reggie" Schmit, Linewman 1st Class with the
Utilities Department for 25 years of service with the City of Grand Island. Mr. Schmit was hired as a
Lineman Apprentice on May 16, 1994, was promoted to Lineman 2nd Class on November 13, 1995, and
to his current position of Lineman 1st Class on May 13, 1996. We congratulate Mr. Schmit on his
dedicated service to the City of Grand Island for the past 25 years.
Staff Contact: Mayor Roger Steele
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item C-2
Presentation by BKD, LLP for Fiscal Year Ended September 30,
2018 City Single Audit and General Purpose Financial Statements
and Electric and Water Audit Reports
Amy Shreck from BKD, LLP will present the fiscal year ending September 30, 2018 City Single Audit
and General Purpose Financial Statements and Electric and Water Audit Reports.
Staff Contact: Patrick Brown
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-1
Public Hearing on Request from Kenia Munoz dba Ritmas Night
Club, 611 East 4th Street for a Class “I” Liquor License
Council action will take place under Consent Agenda item G-20.
Staff Contact: RaNae Edwards
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Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:May 14, 2019
Subject:Public Hearing on Request from Kenia Munoz dba
Ritmas Night Club, 611 East 4th Street for a Class “I”
Liquor License
Presenter(s):RaNae Edwards, City Clerk
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:
(A)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;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)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
Kenia Munoz dba Ritmas Night Club, 611 East 4th Street has submitted an application for
a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on
sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. See attached Police Department report.
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Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
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 the application for Kenia Munoz dba Ritmas Night Club, 611 East 4th
Street for a Class “I” Liquor License contingent upon final inspections and completion of
a state approved alcohol server/seller training program.
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Liquor License Application: Class “I”: Ritmas Night Club
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!Licensed Locations
Roads Scale: NONEFor Illustration Purposes
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-2
Public Hearing on Request from Nebraskaland Distributors, LLC
dba Nebraskaland Distributors, 4845 Juergen Road for a Class
“X” Liquor License
Council action will take place under Consent Agenda item G-19.
Staff Contact: RaNae Edwards
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Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:May 14, 2019
Subject:Public Hearing on Request from Nebraskaland
Distributors, LLC dba Nebraskaland Distributors, 4845
Juergen Road for a Class “X” Liquor License
Presenter(s):RaNae Edwards, City Clerk
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:
(A)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;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)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
Nebraskaland Distributors, LLC dba Nebraskaland Distributors, 4845 Juergen Road has
submitted an application for a Class “X” Liquor License. A Class “X” Liquor License
allows for the wholesale of alcohol inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. Staff recommends approval contingent
upon final inspections.
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Also submitted was a request for Liquor Manager Designation for Wayne Gappa, 11 East
48th Street, Kearney, Nebraska. Staff recommends approval.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
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 the application for Nebraskaland Distributors, LLC dba Nebraskaland
Distributors, 4845 Juergen Road for a Class “X” Liquor License contingent upon final
inspections and Liquor Manager Designation for Wayne Gappa, 11 East 48th Street,
Kearney, Nebraska.
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Liquor License Application: Class “X”: Nebraskaland Distributors
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4845 Juergen Road
Legend
^_4845 JUERGEN RD
!Licensed Locations
Roads Scale: NONEFor Illustration Purposes
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-3
Public Hearing on Change to the Future Land Use Map for the
City of Grand Island for Lots 11-14 of Lambert’s Subdivision
located between Congdon Avenue and Willow Street North of 4th
Street from Manufacturing to Low to Medium Residential
Council action will take place under Resolutions item I-2.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Regional Planning Commission
Meeting:May 14, 2019
Subject:Amend the Future Land Use Map of the Grand Island
Comprehensive Plan and Rezone 3.3 acres of land
located north of 4th Street between Congdon Avenue and
Willow Street from M2 Heavy Manufacturing to R-3SL
Medium Density Small Lot Residential
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Starostka Contracting LLC is proposing to purchase property from L & P Investments
located in northeast Grand Island for the development of residential lots. They are
requesting that the zoning on property be changes from M2 Heavy Manufacturing to R-
3SL Medium Density Small Lot Residential. Their intent is to develop 20 residential lots
on the property, extending 5th Street between Congdon Avenue and Willow Street. Staff
has prepared an amendment to the Future Land Use Map of the Grand Island
Comprehensive plan to support this proposed change. The change to the Comprehensive
Plan needs to be approved prior to changing the zoning. The proposed zoning change will
be presented to Council at a later meeting, though the hearing will be held with the future
land use map change and redevelopment plan.
The memo and recommendation sent to the Planning Commission is attached.
Discussion
At the regular meeting of the Regional Planning Commission, held May 1, 2019 the
above item was considered following a public hearing.
O’Neill opened the public hearings on items 4, 5 and 6.
Nabity stated the proposal is to amend the future land use map of the City of
Grand Island in the Comprehensive Plan. The property that is under consideration
a portion of the property is planned for manufacturing and a portion for Low to
Medium Residential. It makes sense to change it so that it’s all Low to Medium
Residential. The north portions of the property are already Low to Medium
Residential even though they are zoned Manufacturing. The proposal is to rezone
all of it to R3-SL zone. The R3-SL zone allows smaller lot sizes, 1 unit per 3,000
square feet unless it’s a townhome. The lots that they are proposing are all in the
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4,500 to 9,000 square feet depending on the size and shape of the lot. If the
comprehensive plan is amended the property can be rezoned to R3-SL Medium
Density Residential Zone, which will allow residential development.
Nabity stated that the redevelopment plan and TIF would be used for the
demolition of the existing structures, for site grading, and to pay for streets and
sewer and water.
O’Neill closed the public hearing.
A motion was made by Randone and seconded by Rainforth to approve a change
to the Future Land use map for the City of Grand Island for lots 11-14 Lambert’s
Subdivision.
The motion carried with eleven members in favor (O’Neill, Nelson, Allan, Ruge,
Maurer, Monter, Rubio, Rainforth, Hedricksen, Randone and Kjar) and members
voting not.
A motion was made by Ruge and second by Rainforth to approve the zone change
on lots 11-14 of Lambert’s Subdivision located between Congdon Avenue and
Willow Street from M2 Heavy Manufacturing to R-3SL Medium Density Small
Lot Residential.
The motion carried with eleven members in favor (Nelson, Allan, O’Neill, Ruge,
Maurer, Rubio, Monter, Rainforth, Hedricksen, Randone and Kjar) no members
voting no.
The memo sent to the planning commission with staff recommendation is
attached for review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the comprehensive plan amendment and rezoning request as
presented
2.Modify the comprehensive plan amendment and rezoning request to meet the
wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the resolution as presented.
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Agenda Item #4 & #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
April 23, 2019
SUBJECT:Future Land Use Map and Zoning Change (C-20-2019GI) (C-21-
2019GI)
PROPOSAL:This application includes approximately 3.3 acres of land north of 4th
Street between Congdon Ave. and Willow Street. This property is owned by L & P
Investments LLC and has been used a contractors storage yard for several years.
Starostka Contracting LLC is proposing to purchase and redevelop the property for
residential uses. The property is located within the Grand Island municipal limits.
The applicant is asking that the zoning on this property be changed from M2 Heavy
Manufacturing to R3-SL Medium Density Small Lot Residential. The stated purpose of
this rezoning is to allow the applicant to redevelop this property for residential uses. A
map of the proposed changes is attached.
It would be prudent to amend the Grand Island Comprehensive Plan and Future Land
Use map to change the proposed future use of this property from manufacturing to low
to medium density residential as part of this application. The northerly portion of this
property is already planned for low to medium density residential use but the entire piece
is not included in that low to medium density residential area. A map of the proposed
changes is attached.
OVERVIEW:
Site Analysis
Current zoning designation:M2 Heavy Manufacturing
Permitted and conditional uses:M2- Commercial and manufacturing uses, limited
residential and recreational uses Minimum lot size
of 6,,000 square feet. Minimum lot size of 6000
square feet.
Comprehensive Plan Designation:Designated for Manufacturing and Low to Medium
Density Residential.
Existing land uses.Contractor storage yard and Single family
residential.
Adjacent Properties Analysis
Current zoning designations:South and East: M2-Heavy Manufacturing
North and West: R4-High Density Residential
Permitted and conditional uses:M2-
Commercial and manufacturing uses, limited
residential and recreational uses Minimum lot size
of 6,,000 square feet. R4- High Density
Residential, Residential uses at a density of 42
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dwelling units per acre with 60% coverage, non-
profit uses, recreational uses and agricultural uses.
Minimum lot size of 6000 square feet.
Comprehensive Plan Designation:North and West: Low to Medium Density
Residential
East and South: Designated for Manufacturing
Existing land uses:East and South: Commercial buildings and Single
family residential.
North and West: Single family residential,
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated both Manufacturing and Low to Medium Density Residential uses. The
proposed plan amendment would bring the entire property into compliance.
Development of this Property will lower the per property cost of the approved
Sanitary Sewer District. This property is included in a sanitary sewer district that will
extend sewer from 7th and Geddes to all of the properties in this area, eliminating a
pocket of the city that lacks sanitary sewer service. This development, at this time
should reduce the overall cost to each property owner in the district by at least 30%.
Infill Development: This property has been in the City Limits of Grand Island for more
than 100 years and has not developed primarily because of the lack of municipal
infrastructure. This change will facilitate the development of that infrastructure.
Negative Implications:
None foreseen:.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the Future Land Use Component of the Grand Island
Comprehensive Plan. Part of this property is already planned for low to medium
density residential development.
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site as requested.
If the Planning Commission recommends against changing the Future Land Use
Map it would be consistent to recommend against the approval of the zoning change.
___________________ Chad Nabity AICP, Planning Director
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-4
Public Hearing on Amendment to the Redevelopment Plan for
CRA No. 1 located North of 4th Street between Congdon Avenue
and Willow Street (Starostka Contracting, LLC)
Council action will take place under Resolutions item I-3.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Chad Nabity, AICP
Meeting:May 14, 2019
Subject:Site Specific Redevelopment Plan for CRA Area #1
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as
blighted and substandard and approved a generalized redevelopment plan for the
property. The generalized redevelopment plan authorized the use of Tax Increment
Financing (TIF) for the acquisition of property, redevelopment of property, site
preparation including demolition, landscaping and parking. TIF can also be used for
improvements to and expansion of existing infrastructure including but not limited to:
streets, water, sewer, drainage.
Starostka Contracting LLC has submitted an application for tax increment financing to
aid in the redevelopment of property located north of 4th Street between Willow Street
and Congdon Avenue. The proposal would redevelop this property for 20 residential lots
including the extension of streets, sewer, water and storm sewer along with site work and
demolition of existing structures. Staff has prepared a redevelopment plan for this
property consistent with the TIF application.
The CRA reviewed the proposed development plan on April 10, 2019 and forwarded it to
the Hall County Regional Planning Commission for recommendation at their meeting on
May 1, 2019. The CRA also sent notification to the City Clerk of their intent to enter into
a redevelopment contract for this project pending Council approval of the plan
amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
amendment at a meeting on May 1, 2019. The Planning Commission approved
Resolution 2019-09 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island provided amendment to the future land use is approved for this
development. The CRA approved Resolution 312 forwarding the redevelopment plan
along with the recommendation of the Planning Commission to the City Council for
consideration.
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Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
(including the cost benefit analysis that was performed regarding this proposed project)
and to enter into the record a copy of the plan amendment that would authorize a
redevelopment contract under consideration by the CRA.
Council is being asked to approve a resolution approving the cost benefit analysis as
presented in the redevelopment plan along with the amended redevelopment plan for
CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan
amendment and to find that this project would not be financially feasible at this location
without the use of TIF. The redevelopment plan amendment specifies that TIF will be
used to offset allowed costs for redevelopment for improvements including the
installation of streets, sewer, water, storm sewer, site grading and demolition to develop
20 residential lots. The cost benefit analysis included in the plan finds that this project
meets the statutory requirements for an eligible TIF project and that it will not negatively
impact existing services within the community or shift additional costs onto the current
residents of Grand Island and the impacted school districts. The bond for this project will
be issued for a period of 15 years. The proposed bond for this project will be issued for
the amount of $1,165,090.
The developer has indicated that Five Points Bank of Grand Island has indicated that they
would lend money for the project but the details of the loans have not been arranged.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
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Redevelopment Plan Amendment
Grand Island CRA Area 1
April 2019
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area 1.
Executive Summary:
Project Description
THE REDEVELOPMENT PROPERTY LOCATED NORTH OF FOURTH STREET
BETWEEN CONGDON AVENUE AND WILLOW STREETS FOR RESIDENTIAL
USES, INCLUDING ACQUISITION OF PROPERTY, SITE WORK, SEWER, SEWER
WATER, STORM SEWER AND STREETS AND DEMOLITION OF AN EXISTING
STRUCTURE AND CONSTRUCTION OF UP TO 20 NEW SINGLE FAMILY
RESIDENCES.
The use of Tax Increment Financing to aid in expenses associated with
redevelopment of the property located at between Willow Street and Congdon
Avenue along 5th Street extended from a vacant storage lot and single residence to a
20 lot residential subdivision. The use of Tax Increment Financing is an integral
part of the development plan and necessary to make this project affordable. The
project will result in developing a piece of property that the City staff including the
planning department and Community Development staff have been interested in
seeing developed since the early 2000’s. This property did not have access to City
sewer and could not be developed without the extension of the sewer. The property
has been used for a single house and as an industrial storage yard. The developers
will ask the city to amend the comprehensive plan to show all of the property as
planned for low to medium density residential and to rezone the property for
residential uses. This project as proposed would not be possible without the use of
TIF.
Starostka Contracting LLC will be acquiring this property and is proposing to subdivide
the property after rezoning into 20 residential lots for the development of two and three
bedroom single family homes. The existing residential unit is currently vacant and the
remaining property has been used for outdoor storage of construction materials. The
developer is responsible for and has provided evidence that they can secure adequate
debt-financing to cover the costs associated with this project. The Grand Island
Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes
generated for up to 15 years for a period beginning January 1, 2021 towards the allowable
costs and associated financing project.
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Existing Land Use and Subject Property
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TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
Hall County Assessor Parcels 400059800, 400059819, 400059835 and 400059827
Legal Descriptions: All of Lots 11 and 12 and part of Lot 13 and Lot 14 of Lambert’s
Subdivision in the City of Grand Island, Hall County, Nebraska. This property will be
replatted prior to contract approval
The tax increment will be captured for the tax years for which the payments become
delinquent in years 2021 through 2038 inclusive with no property extending beyond
the 15 maximum.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the development of the 20
lots and construction of the houses over an anticipated period of five years. The
property will need to be rezoned prior to construction and development.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution
providing for the issuance of the TIF Note, the Authority hereby provides that any ad
valorem tax on the Redevelopment Project Area for the benefit of any public body be
divided for a period of up to 15 years after the effective date of this provision as set forth
in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes
shall be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise,such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
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whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on December 19, 2000.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are substantially consistent with the Comprehensive Plan. Prior
to approval of a contract for redevelopment the developer will request a modification to
the Grand Island Comprehensive plan Future Land Use Map to show that this entire
property is planned for residential development and for a change in zoning to a residential
zoning district.The Hall County Regional Planning Commission held a public hearing at
their meeting on May 1, 2019 and passed Resolution 2019-09 confirming that this project
will be consistent with the Comprehensive Plan for the City of Grand Island as amended.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area 1 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. The developer is proposing to acquire the
property on a per lot basis from the current owners.. There is no proposed acquisition by
the authority.
b. Demolition and Removal of Structures:
The project to be implemented does involve demolition of one residential structure and a
garage. Based on the records from the Hall County Assessor’s office the house was
constructed in 1926 and the condition is badly worn..
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 29 / 318
City of Grand Island Future Land Use Map
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 30 / 318
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for low to medium density residential and
manufacturing development. It is anticipated that the future land use map will be
modified to reflect residential development across the entire site prior to approval of this
plan or any redevelopment contract. This property is in private ownership. [§18-2103(b)
and §18-2111]
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned M-2 Heavy Manufacturing zone. It is anticipated that this property will
be rezoned to R-3SL medium density small lot residential zone prior to or along with the
approval of this plan. No changes are anticipated in street layouts or grades. No changes
are anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to increase the number of dwelling units on the property from
one to twenty and convert open storage space to residential lots. The size of the building
and lot coverage will increase, but remain in conformance with the applicable regulations
regarding site coverage and intensity of use for the proposed zoning district. [§18-
2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. Sewer is currently being
extended to this property through an assessment district. This project will result in an
increased in the number of services provided in the district and lower the overall cost of
each service. This will result in lower assessment for the other properties participating in
the district. Water is available to the subdivision and will be extended to all of the lots.
Electric utilities are sufficient for the proposed use of this building.
No other utilities would be impacted by the development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. The existing house on this
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property was vacant prior to consideration of this paln. No relocation is
contemplated or necessary. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106] No members of the
authority or staff of the CRA have any interest in this property.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The estimated costs for this project including acquisition are $2,367,000. Site
acquisition is expected to cost $401,500 on a per lot basis. Site improvements including:
tree removal, utility improvements, sidewalks and other flat concrete of $587,565.
Architectural and Engineering planning services of $61,250 and are included as a TIF
eligible expense. Legal, Developer and Audit Fees including a reimbursement to the City
and the CRA of $114,775 are included as TIF eligible expense. The total of eligible
expenses for this project is $1,165,090.
The developer will provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $1,165,090 from the proceeds of the TIF. This
indebtedness will be repaid from the Tax Increment Revenues generated from the project.
TIF revenues shall be made available to repay the original debt and associated interest
after January 1, 2021 through December 2039.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
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transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan. This
will have the intended result of preventing recurring elements of unsafe buildings and
blighting conditions. This will develop a vacant and underutilize property with 10 brand
new single family dwelling units in a manner consistent with the goals of the 2014
Housing Study for the City of Grand Island.
8. Time Frame for Development
Development of this project is anticipated to be completed between July 2019 and
December of 2024. Excess valuation should be available for this project for up to 15
years on each house beginning with the 2020 tax year.
9. Justification of Project
This property has been in the Grand Island municipal limits and largely undeveloped for
more than 100 years. The proposed construction will provide new quality housing in an
existing neighborhood and remove a structure contributing to blight within the
neighborhood.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2012), the City of Grand Island has analyzed the costs and benefits of the proposed
Redevelopment Project, including:
Project Sources and Uses. Public funds from tax increment financing in the amount of
$1,165,090 provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This investment by the Authority will leverage
$3,805,125 in private sector financing and equity investment; a private investment of
$3.27 for every TIF dollar invested.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 33 / 318
Use of Funds Source of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $401,500 $401,500
Legal and Plan* $114,775 $114,775
Engineering/Arch $61,250 $61,250
Financing $364,125 $364,125
Demolition/Cleanup $49,644 $49,644
Sanitary Sewer $129,680 $129,680
Water $80,163 $80,163
Storm Sewer $27,295 $27,295
Grading/Paving $300,783 $300,783
New Construction $3,400,000 $3,400,000
Contingency $41,000 $41,000
TOTALS $1,165,090 $3,805,125 $4,970,215
Tax Revenue. The property to be redeveloped has January 1, 2019, valuation of
approximately $60,373. Based on the 2018 levy this would result in a real property tax of
approximately $1,360. It is anticipated that the assessed value will increase by
$4,038,000 upon full completion, as a result of the site redevelopment. This development
will result in an estimated tax increase of over $84,075 annually. The tax increment
gained from this Redevelopment Project Area would not be available for use as city
general tax revenues, for a period of 15 years, or such shorter time as may be required to
amortize the TIF bond, but would be used for eligible private redevelopment costs to
enable this project to be realized.
Estimated 2019 assessed value: $ 60,373
Estimated taxable value after completion $ 4,098,000
Increment value $ 4,038,000
Annual TIF generated (estimated) $ 84,075
TIF bond issue $ 1,165,090
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $60,373. The
proposed redevelopment will create additional valuation of $4,038,000. No tax shifts are
anticipated from the project. The project creates additional valuation that will support
taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
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No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. The Grand Island Public School system was notified of this application prior to
consideration of this plan by the Grand Island CRA, Regional Planning Commission or
City Council. Fire and police protection are available and should not be negatively
impacted by this development though any additional development and population may
impact time of service.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This will provide additional housing options for the residents of Grand Island. The
National Homebuilders Association estimates that each new single family home is the
equivalent of 2.5 full time equivalent jobs so this development at 4 houses per year would
represent an additional 8 FTE’s within the city for the next five years.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers except potentially to
provide housing options for employees.
(e) Impacts on student populations of school districts within the City or Village:
This development will have an impact on the Grand Island School system and
will likely result in additional students at both the elementary and secondary school
levels.
The average number of persons per household in Grand Island for 2012 to 2016
according the American Community Survey is 2.65. Twenty additional households
would house 53 people. According to the 2010 census 19.2% of the population of Grand
Island was between the ages of 5 and 18. If the averages hold it would be expected that
there would be an additional 11 school age children generated by this development. If
this develops at a rate of 4 houses per year for 5 years approximately 3 children would be
added to the school age population every year with this development. These 3 children
will likely be spread over the full school age population from elementary to secondary
school. According to the National Center for Educational Statistics1 the 2015-16
enrollment for GIPS was 9,698 students and the cost per student in 2013-14 was $12,343
of that $5,546 is generated locally. The Grand Island Public School System was notified
on April 3, 2019 that the CRA would be considering this application at their April 10,
2019 meeting.
1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016
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(f) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This project is consistent the goals of the 2014 Housing Study for the City of Grand
Island to create more than 1700 new dwelling units by 2019. It appears that the City of
Grand Island will have added more than 1000 units by 2019 but that still leaves a deficit
of the projected need of 700 units. The local housing market is not capable of producing
the number of units needed at market rate given the costs of building and development.
Time Frame for Development
Development of this project is anticipated to be completed during between July of 2019
beginning with property clearance and utility installation and December of 2024. The
base tax year should be calculated on the value of the property as of January 1, 2020.
Excess valuation should be available for this project for 15 years beginning in 2021 with
taxes due in 2022. Excess valuation will be used to pay the TIF Indebtedness issued by
the CRA per the contract between the CRA and the developer for a period not to exceed
15 years on each house or an amount not to exceed $1,165,090 or about 92% of the
projected amount of increment based upon the anticipated value of the project and current
tax rate. The developer will spend at least $1,165,090 on eligible activities based on the
estimates presented.
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$204,900 x 20 =Grand IslandCouncil Session/Budget Work Session - 5/14/2019Page 38 / 318
Home Value:Land & Improv. Value:Total:$170,000.0078,632.65$248,632.65Assessed Value @ 92% of Total: $188,508.00Total Number of Homes:20 Levy:Total Taxes per Year: 20 x $4,203.73 =.0223Taxes per Home: $188,508 x .0223 =$4,203.73$84,074.60Sale Price with Tax Increment Financing: $204,900.00Estimated 4 homes per yearGrand IslandCouncil Session/Budget Work Session - 5/14/2019Page 39 / 318
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DESCRIPTION
Project Total Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19
Income 20 buildings @ $204,900 4,098,000.00$ 819,600.00$ 819,600.00$ 819,600.00$ 819,600.00$ 819,600.00$
Income 4,098,000.00$ 819,600.00$ 819,600.00$ 819,600.00$ 819,600.00$ 819,600.00$
Expenses Debt service ($2,427,500.00 @ 3 years @ 5%)364,125.00$ 72,825.00$ 72,825.00$ 72,825.00$ 72,825.00$ 72,825.00$
Land & Infrastructure ($989,065.30) 989,065.30$ 197,813.08$ 197,813.08$ 197,813.08$ 197,813.08$ 197,813.08$
20 Homes ($3,400,000) 3,400,000.00$ 680,000.00$ 680,000.00$ 680,000.00$ 680,000.00$ 680,000.00$
Fees ($176,025)176,025.00$ 35,205.00$ 35,205.00$ 35,205.00$ 35,205.00$ 35,205.00$
Total Expenses 4,929,215.30$ 985,843.08$ 985,843.08$ 985,843.08$ 985,843.08$ 985,843.08$
Cash Flow (831,215.30)$ (166,243.08)$ (166,243.08)$ (166,243.08)$ (166,243.08)$ (166,243.08)$
Tax Increment Program 1,165,090.30$ 15,534.52$ 31,069.04$ 46,603.56$ 62,138.08$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 62,138.08$ 46,603.56$ 31,069.04$ 15,534.52$
Cash Flow With Tax Increment Financing 333,875.00$ (150,708.56)$ (135,174.04)$ (119,639.52)$ (104,105.00)$ (88,570.48)$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 77,672.60$ 62,138.08$ 46,603.56$ 31,069.04$ 15,534.52$
Starostka Contracting L.L.C.
Pro Forma
Attachment 2
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 42 / 318
Starostka Group Unlimited, Inc.
429 Industrial Lane Ph. (308) 385-0636 Grand Island, NE 68803 Fax (308) 384-8447
Page 1 of 2
Starostka Group Unlimited
429 Industrial Lane
Grand Island, NE 68803
308-385-0636
03/08/2019
QUOTE
TO
Starostka Contracting LLC
429 Industrial Lane
Grand Island, NE 68803
JOB LOCATION START DATE
SC190064 - 4th Street Lot Development
CLIENT # DESCRIPTION QUAN UNIT UNIT PRICE EXT PRICE
Site Demo and Cleanup
1 Demo Existing House 1.000 LS $19,453.00 $19,453.00
2 Relocate/Dispose of Stored
Materials onsite 1.000 LS $13,721.00 $13,721.00
3 Tree Removal 1.000 LS $16,470.00 $16,470.00
Site Demo and Cleanup Subtotal $49,644.00
Sanitary Sewer
1 4" Sanitary Sewer Services 20.000 EA $6,484.00 $129,680.00
Sanitary Sewer $129,680.00
Watermain
1 8" Cl350 DI Watermain 540.000 LF $ 51.85 $27,999.00
2 6" Cl350 DI Watermain 18.000 LF $ 45.60 $ 820.80
3 8x8 Tap Tee & Valve 1.000 EA $3,480.00 $3,480.00
4 11.25 deg MJ Elbow 3.000 EA $ 162.00 $ 486.00
5 45 deg MJ Elbow 4.000 EA $ 297.00 $1,188.00
6 8x6 MJ Tee 1.000 EA $ 427.00 $ 427.00
7 Fire Hydrant Assembly 2.000 EA $4,692.00 $9,384.00
8 8" Bell Joint Block 1.000 EA $1,506.00 $1,506.00
9 8" MJ Gate Valve w/box 1.000 EA $1,336.00 $1,336.00
10 8x6 MJ Reducer 1.000 EA $ 199.00 $ 199.00
11 1" Copper Water Service Pipe 504.000 LF $ 18.00 $9,072.00
12 1" Service Connection 20.000 EA $ 657.00 $13,140.00
13 1" Curb Stop w/Box 20.000 EA $ 190.00 $3,800.00
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 43 / 318
Starostka Group Unlimited, Inc.
429 Industrial Lane Ph. (308) 385-0636 Grand Island, NE 68803 Fax (308) 384-8447
Page 2 of 2
CLIENT # DESCRIPTION QUAN UNIT UNIT PRICE EXT PRICE
14 R/R 6" PC Pavement w/Integral Curb 41.100 SY $ 123.00 $5,055.30
15 Traffic Control 1.000 LS $2,270.00 $2,270.00
Watermain Subtotal $80,163.10
Storm Sewer
1 Convert Ex. Inlet to Junction
Box 1.000 LS $3,724.00 $3,724.00
2 Storm Junction Manhole 1.000 EA $4,659.00 $4,659.00
3 18" HDPE Pipe 140.000 LF $ 64.15 $8,981.00
4 15" Cl4 RCP Pipe 32.000 LF $ 52.85 $1,691.20
5 Type "D" Storm Drain Inlets 2.000 EA $4,120.00 $8,240.00
Storm Sewer Subtotal $27,295.20
Earthwork, Paving & Sidewalks
1 Import Fill 2.0 ft 1.000 LS $178,899.00 $178,899.00
2 Erosion Controls 1.000 LS $10,828.00 $10,828.00
3 Adjust Manhole to Grade 2.000 EA $ 713.00 $1,426.00
4 6" Concrete Pavement w/integral curb 1,900.000 SY $ 49.30 $93,670.00
6 4ft wide Sidewalk 2,000.000 SF $ 6.60 $13,200.00
7 ADA Handicap Ramps 4.000 EA $ 690.00 $2,760.00
Earthwork, Paving & Sidewalk Subtotal $300,783.00
TOTAL: $587,565.30
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-5
Public Hearing on Request to Rezone Lots 11-14 of Lambert’s
Subdivision located at 417 Congdon Avenue from M2 Heavy
Manufacturing to R-3SL Medium Density Small Lot Residential
(Starostka Group Unlimited, Inc.)
Memo is the same as E4. Council action will be taken at a Future City Council meeting.
Staff Contact: Chad Nabity
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-6
Public Hearing on Request to Rezone a Portion of Lot 2 Hanover
Second Subdivision and a Portion of Lot 4 Hanover Third
Subdivision located West of North Road and South of 13th Street
from R1-Suburban Density Residential to R-3 Medium Density
Residential (Trent Huff & Andy Eiler)
Council action will take place under Ordinances item F-4.
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 54 / 318
Council Agenda Memo
From:Regional Planning Commission
Meeting:May 14, 2019
Subject:Rezone Part of Lot 2 of Hanover Second Subdivision and
part of Lot 4of Hanover Third Subdivision from R1
Suburban Density Residential to R3 Medium Density
Residential
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Trent Huff has purchased all of Lot 4 of Hanover Third Subdivision and Lot 2 of
Hanover Second Subdivision for residential development and has requested a zoning
change on the property. He is requesting that the zoning on the north and west portion be
changed to R3 Medium Density Residential. He will be submitting a preliminary plat for
the development for the June planning commission meeting.
Discussion
At the regular meeting of the Regional Planning Commission, held May 1, 2019 the
above item was considered following a public hearing.
O’Neill opened the public meeting
Nabity explained the proposal is to rezone the center section of the property from
R1 to R-3. It will leave a strip of R1 along the large lot residential immediately to
the south.
It will also leave the lots immediately against North Road as R1 and will allow
them to build some duplexes and townhome units in the center portion of the
property. A preliminary and final plat will be coming forward for the June
meeting. The area is planned Low to Medium Density Residential and this change
is consistent with the Comprehensive Plan. Nabity recommends approval.
Karen Bredthauer, 940 S. North Road, Grand Island, NE; Item # 7, Karen asked
why the south part was not being rezoned. Nabity explained that it was not being
rezoned so that larger lots would back onto the existing lots on Driftwood and
houses similar to those on Driftwood could be built there.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 55 / 318
O’Neill closed the public meeting
A motion was made by Ruge and second by Nelson to approve the request to
rezone a portion of lot 1 Hanover Second Subdivision and portion of lot 4
Hanover Third Subdivision.
The motion was carried with eleven members in favor (Nelson, Allan, O’Neill,
Ruge, Maurer, Rubio, Monter, Rainforth, Hedricksen, Randone and Kjar) no
members voting no.
The memo sent to the planning commission with staff recommendation is attached for
review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance as presented.
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Agenda Item 7
PLANNING RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
April 23, 2019
SUBJECT:Zoning Change R-1 to R3 part of Lot 4 Hanover Fourth Subdivision
and Lot 2 of Hanover Second Subdivision.(C-22-2019GI)
PROPOSAL:To rezone approximately 7.389 acres of land south of 13th Street and
west of North Road, from R-1 Suburban Residential Zone to R-3 Medium Density
Residential Zone, in the City of Grand Island. The purpose of this rezoning request is to
allow for the development lots for duplex properties south and west of the new fire
station and 911 Center.
OVERVIEW:
Site Analysis
Current zoning designation:R-1: Suburban Residential Zone
Intent of zoning district R-1: To provide for residential neighborhoods at a
maximum density of four to five dwelling units per
acre with supporting community facilities.
Permitted and conditional uses:R-1: Agricultural uses, recreational uses and
residential uses at a density of 4 dwelling units per
acre
Proposed zoning district R-3: Residential uses with a density of 1 unit per
3,000 square feet of property. Minimum lot size of
6,000 square feet. Churches, schools, parks and
some limited non-profit operations and day care
facilities are also allowed as permitted or
conditional uses in this district.
Comprehensive Plan Designation:Designated for Low to Medium Density Residential
Development.
Existing land uses:Vacant Ground
Adjacent Properties Analysis
Current zoning designations:North: R-1: Suburban Density Residential Zone
South: R-1: Suburban Residential Zone
East: R-1 and R2: Suburban Residential Zone and
Low Density Residential Zone
West: R-1: Suburban Density Residential Zone
Intent of zoning district:R-1: To provide for residential neighborhoods at a
maximum density of four to five dwelling units per
acre with supporting community facilities.
R-2: To provide for residential neighborhoods at a
maximum density of seven dwelling units per acre
with supporting community facilities.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 57 / 318
Permitted and conditional uses:R-1: Residential uses at a density of 4 dwelling
units per acre, agricultural uses, and recreational
uses
R-2: Residential uses with a density of 1 unit per
6,000 square feet of property. Minimum lot size of
6,000 square feet. Churches, schools, parks are
permitted in this zoning district
Comprehensive Plan Designation:All Directions: Designated for Low to Medium
Density Residential Development.
Existing land uses:North: Vacant Property
South: Vacant Property and Single Family
Residential
East: Suburban residential lot with Single Family
Homes and farm ground
West: Middle School and vacant property.
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated low to medium density residential development. (Typically R1, R-2 & R-
3).
Accessible to Existing Municipal Infrastructure: City water and sewer services are
available to service the rezoning area and this will extend sewer to the properties to
the south on Driftwood that cannot otherwise be served with sewer in an affordable
manner.
Consistent with the existing residential development: This property is adjacent to an
existing low density single-family residential development. This proposal separates
that single family development from the proposed duplex units with a row of single
family homes along the south edge of the property by maintaining the R1 zoning
south of the area to be rezoned.
Negative Implications:
No Negative Consequences Foreseen
Other Considerations
This proposal is consistent with the 2004 comprehensive plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on the this site from R-1 Suburban Residential Zone to R-
3 Medium Density Residential Zone as requested and shown on the attached map.
___________________ Chad Nabity AICP, Director
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2018 Existing Zoning Map
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2004 Future Land Use Map as Adopted with the Grand Island Comprehensive Plan
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-7
Public Hearing on Dedication of Right-of-Way at 3321 James Road
Council action will take place under Consent Agenda item G-14.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 61 / 318
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:May 14, 2019
Subject:Public Hearing on Dedication of Right-of-Way at 3321
James Road
Presenter(s):John Collins PE, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council. The City of Grand
Island is dedicating currently owned land as right-of-way to accommodate property
access along James Road, north of Husker Highway.
Discussion
To allow for property access off of James Road to adjacent businesses, it is required that
current City owned property is dedicated by the City of Grand Island as right-of-way.
This area is on the east side of James Road, as shown in the attached sketch. The adjacent
businesses need to construct new access on to James Road due to existing access off of
Husker Highway being modified for safer operations with the current Husker Highway
improvement project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
dedication of the public right-of-way.
Sample Motion
Move to conduct a Public Hearing and approve the dedication of the public right-of-way.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 62 / 318
HUSKER HIGHWAYJAMES ROADPART OF LOT 2 IN PEDCOR SUBDIVISIONGRAND ISLAND, NEBRASKARIGHT-OF-WAY DEDICATIONJAMES ROAD
LANGENHEDER STREETGrand IslandCouncil Session/Budget Work Session - 5/14/2019Page 63 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item E-8
Public Hearing on Acquisition of Utility Easement - 228 Lake
Street - R2S2, LLC
Council action will take place under Consent Agenda item G-7.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 64 / 318
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:May 14, 2019
Subject:Acquisition of Utility Easement – 228 Lake Street –
R2S2, L.L.C.
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire utility easement relative to the
property of R2S2, L.L.C., located through a part of Lot One (1), King’s Crossing
Subdivision, in the City of Grand Island, Hall County, Nebraska (228 Lake Street at the
intersection of U.S. Highway 34 and South Locust Street), in order to have access to
install, upgrade, maintain, and repair appurtenances, including water lines.
Discussion
Comfort Suites is proposing a new motel at the intersection of U.S. Highway 34 and
South Locust Street. As a result, the Public Works Department will be completing a
paving project for Lake Street. As part of Water Main Project 2019-W-1, a contractor
will be installing a new fire hydrant to provide additional fire protection for this location.
The proposed easement will allow the Utilities Department to install, access, operate and
maintain the water infrastructure in this location.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 65 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 66 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item F-1
#9728 - Consideration of Approving Annexation of Property
Located East of U.S. Highway 281 and South of Wildwood Drive
(Lewis Greenscape) (Second Reading)
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 67 / 318
Council Agenda Memo
From:Chad Nabity, Regional Planning Director
Meeting:May 14, 2019
Subject:An Ordinance to Annex Property located East of U.S.
281, South of Wildwood Drive and all joining Right-of -
Way and/or Easements for Road or Trail Purposes
(Second Reading)
Presenter(s):Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
Station 31, LLC, owner of property has petitioned the City of Grand Island to consider
annexation of this property and submitted the attached annexation plat.
This property is adjacent to and contiguous with the municipal limits of the city on the
north and west sides.
Based on the request from Station 31, LLC, the owner of the property, staff has prepared
an ordinance for annexation that would become effective 15 days after passage on third
and final reading. Council will consider this on its second reading on May 14, 2019.
Based on the requirements outlined in §16-117 (7) the City can consider an ordinance for
annexation and pass that ordinance after three readings by Council. Also based on §16-
117 (7) there is no requirement for a public hearing on this annexation. Annexation
ordinances must be passed on three separate readings.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 68 / 318
This is the second reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction with this annexation.
One existing residence and one vacant commercial site would be added to the City as a
result of this annexation. It is anticipated that both will be razed for redevelopment.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on second reading.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 69 / 318
Exhibit A
Legal description as follows:
ANNEXATION TRACT DESCRIPTION
A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER (NW1/4 NW1/4) OF SECTION EIGHT (8),
TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN
HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GREENSCAPE INC.
SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE
S89°31'22"E, ALONG THE NORTH LINE OF THE NW1/4 NW1/4, A DISTANCE OF
414.88 FEET; THENCE S00°36'27"E A DISTANCE OF 539.27 FEET; THENCE
S89°30'08"E A DISTANCE OF 327.21 FEET TO A POINT ON THE EAST LINE OF
SAID NW1/4 NW1/4; THENCE S00°45'39"E, ALONG SAID EAST LINE, A
DISTANCE OF 783.28 FEET TO THE SOUTHEAST CORNER OF SAID NW1/4
NW1/4; THENCE N89°26'24"W, ALONG THE SOUTH LINE OF SAID NW1/4
NW1/4, A DISTANCE OF 1257.59 FEET TO A POINT EAST RIGHT-OF-WAY LINE
OF U.S. HIGHWAY 281; THENCE N00°45'25"W, ALONG SAID EAST RIGHT-OF-
WAY LINE, A DISTANCE OF 946.78 FEET TO A POINT BEING THE EXTENSION
OF THE SOUTH LINE OF GREENSCAPE INC. SUBDIVISION; THENCE
S89°32'09"E, AND ALONG SAID EXTENSION LINE AND THE SOUTH LINE OF
SAID GREENSCAPE INC. SUBDIVISION, A DISTANCE OF 516.96 FEET TO THE
SOUTHEAST CORNER OF LOT 1, GREENSCAPE INC. SUBDIVISION; THENCE
N00°46'49"W, ALONG SAID EAST SUBDIVISION LINE, A DISTANCE OF 373.99
FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A
CALCULATED AREA OF 1,292,425.84 SQUARE FEET OR 29.670 ACRES MORE
OR LESS.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 70 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 71 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 72 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
ORDINANCE NO. 9728
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of property in
Northwest Quarter of the Northwest Quarter of Section 8, Township 10 north, Range 9 west of
the 6th P.M. in Hall County, Nebraska as more particularly described hereinafter and as shown on
the annexation plat Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any
ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in
pamphlet form; and to provide the effective date of this ordinance.
WHEREAS, the Station 31 LLC as owner of the property petitioned the City of
Grand Island to consider annexation of said property into the City of Grand Island; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages the annexation of adjacent property when request
by the property owner; and
WHEREAS, according to NRRS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 73 / 318
ORDINANCE NO. 9728 (Cont.)
- 2 -
WHEREAS, on April 23, 2019 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on May 14, 2019
approved such annexation on second reading and on May 28, 2019 approved such annexation on
third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 74 / 318
ORDINANCE NO. 9728 (Cont.)
- 3 -
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: May 28, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 75 / 318
ORDINANCE NO. 9728 (Cont.)
- 4 -
Exhibit A
ANNEXATION TRACT DESCRIPTION
A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER (NW1/4 NW1/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10)
NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN HALL COUNTY,
NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GREENSCAPE INC. SUBDIVISION,
SAID POINT BEING THE POINT OF BEGINNING; THENCE S89°31'22"E, ALONG THE
NORTH LINE OF THE NW1/4 NW1/4, A DISTANCE OF 414.88 FEET; THENCE
S00°36'27"E A DISTANCE OF 539.27 FEET; THENCE S89°30'08"E A DISTANCE OF
327.21 FEET TO A POINT ON THE EAST LINE OF SAID NW1/4 NW1/4; THENCE
S00°45'39"E, ALONG SAID EAST LINE, A DISTANCE OF 783.28 FEET TO THE
SOUTHEAST CORNER OF SAID NW1/4 NW1/4; THENCE N89°26'24"W, ALONG THE
SOUTH LINE OF SAID NW1/4 NW1/4, A DISTANCE OF 1257.59 FEET TO A POINT EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 281; THENCE N00°45'25"W, ALONG SAID
EAST RIGHT-OF-WAY LINE, A DISTANCE OF 946.78 FEET TO A POINT BEING THE
EXTENSION OF THE SOUTH LINE OF GREENSCAPE INC. SUBDIVISION; THENCE
S89°32'09"E, AND ALONG SAID EXTENSION LINE AND THE SOUTH LINE OF SAID
GREENSCAPE INC. SUBDIVISION, A DISTANCE OF 516.96 FEET TO THE SOUTHEAST
CORNER OF LOT 1, GREENSCAPE INC. SUBDIVISION; THENCE N00°46'49"W, ALONG
SAID EAST SUBDIVISION LINE, A DISTANCE OF 373.99 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,292,425.84
SQUARE FEET OR 29.670 ACRES MORE OR LESS.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 76 / 318
ORDINANCE NO. 9728 (Cont.)
- 5 -
Exhibit B
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 77 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item F-2
#9729 - Consideration of Approving Annexation of Property
Located West of North Road and South of 13th Street (Ray
Stander) (Second Reading)
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 78 / 318
Council Agenda Memo
From:Chad Nabity, Regional Planning Director
Meeting:May 14, 2019
Subject:An Ordinance to Annex Property described as Lot 2 of
Hanover Second Subdivision located West of North Road
and South of 13th Street and all joining Right-of -Way
and/or Easements for Road or Trail Purposes (Second
Reading)
Presenter(s):Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
Ray Stander, owner of property has petitioned the City of Grand Island to consider
annexation of this property.
This property is adjacent to and contiguous with the municipal limits of the city on the
north, south and west sides.
Based on the request from Ray Stander, the owner of the property, staff has prepared an
ordinance for annexation that would become effective 15 days after passage on third and
final reading. Council will consider this on its second reading on May 14, 2019. Based on
the requirements outlined in §16-117 (7) the City can consider an ordinance for
annexation and pass that ordinance after three readings by Council. Also based on §16-
117 (7) there is no requirement for a public hearing on this annexation. Annexation
ordinances must be passed on three separate readings.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 79 / 318
This is the second reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction with this annexation.
One existing residence would be added to the City as a result of this annexation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on second reading.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 80 / 318
Exhibit A
Legal description as follows:
Lot 2 of Hanover Second Subdivision in Hall County, Nebraska.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 81 / 318
Exhibit B
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 82 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
ORDINANCE NO. 9729
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of property Lot 2
of Hanover Second Subdivision in Hall County, Nebraska on the annexation plat Exhibit “B”
attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or
parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide
the effective date of this ordinance.
WHEREAS, the Ray Stander as owner of the property petitioned the City of
Grand Island to consider annexation of said property into the City of Grand Island; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages the annexation of adjacent property when request
by the property owner; and
WHEREAS, according to NRRS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
WHEREAS, on April 23, 2019 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on May 14, 2019
* This Space Reserved For Register of Deeds *
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 83 / 318
ORDINANCE NO. 9729 (Cont.)
- 2 -
approved such annexation on second reading and on May 28, 2019 approved such annexation on
third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 84 / 318
ORDINANCE NO. 9729 (Cont.)
- 3 -
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: May 28, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 85 / 318
ORDINANCE NO. 9729 (Cont.)
- 4 -
Exhibit A
Lot 2 of Hanover Second Subdivision in Hall County, Nebraska
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 86 / 318
ORDINANCE NO. 9729 (Cont.)
- 5 -
Exhibit B
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 87 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item F-3
#9730 - Consideration of Approving Annexation of Property
Located between U.S. Highway 281 and Old Nebraska Highway 2,
West of Eagle Scout Park (City of Grand Island) (Second Reading)
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 88 / 318
Council Agenda Memo
From:Chad Nabity, Regional Planning Director
Meeting:May 14, 2019
Subject:An Ordinance to Annex Property located South of U.S.
281, North of Old Nebraska Highway 2 and East of Eagle
Scout Park all adjoining Right-of -Way and/or Easements
for Road or Trail Purposes (Second Reading)
Presenter(s):Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
The City of Grand Island, owner of property has petitioned the City of Grand Island to
consider annexation of this property.
This property is adjacent to and contiguous with the municipal limits of the city on the
south and east sides and part of the west side.
Based on the request from the City, staff has prepared an ordinance for annexation that
would become effective 15 days after passage on third and final reading. Council will
consider this on its second reading on May 14, 2019. Based on the requirements outlined
in §16-117 (7) the City can consider an ordinance for annexation and pass that ordinance
after three readings by Council. Also based on §16-117 (7) there is no requirement for a
public hearing on this annexation. Annexation ordinances must be passed on three
separate readings.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 89 / 318
This is the second reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction of with this annexation.
No existing residences would be added to the City as a result of this annexation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on second reading.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 90 / 318
Exhibit A
Legal description as follows:
Beginning at the northeast property corner of Lot 2 Schumman Subdivision and
proceeding in a northerly direction along the west line of Section 5, Township 11 north,
Range 9 west of the 6th P.M. to the northeast corner of Lot 1 Lawton Subdivision, thence
in a westerly direction to the northwest corner of Lot 1 Lawton Subdivision the edge of
the Webb Road right of way, thence northerly along the Webb Road right of way to the
Intersection of the Webb Road and Airport Road right of way, thence easterly to the west
line of parcel 400187192 owned by the Nebraska Department of Transportation as right
of way for U.S. Highway 281, thence north to the northwest corner of the Nebraska
Department of Transportation right of way, thence easterly along the north right of way
line to the current municipal limits of the City of Grand Island, thence in a southwesterly
direction to a point at the southeast corner of parcel 400187192 owned by the Nebraska
Department of Transportation as right of way for U.S. Highway 281, thence in a
southerly direction along the municipal limits line of the City of Grand Island to the
northerly right of way line of Old Nebraska Highway 2, thence in a northwesterly
direction along the north right of way line of Old Nebraska Highway 2 to the west line of
Section 5, Township 11 north, Range 9 west of the 6th P.M., thence north along the west
line of Section 5, Township 11 north, Range 9 west of the 6th P.M. to the point of
beginning.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 91 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 92 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
ORDINANCE NO. 9730
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of property in
Section 5, Township 11 north, Range 9 west of the 6th P.M. and all adjoining right-of-way in
Hall County, Nebraska as more particularly described hereinafter and as shown on the
subdivision plat Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any
ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in
pamphlet form; and to provide the effective date of this ordinance.
WHEREAS, the Grand Island City Council approved Resolution 2019-135 on
April 9, 2019, and as owner of the property petition the City of Grand Island to consider
annexation of said property into the City of Grand Island; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages the annexation of adjacent property when request
by the property owner; and
WHEREAS, according to NRRS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 93 / 318
ORDINANCE NO. 9730 (Cont.)
- 2 -
WHEREAS, on April 23, 2019 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on May 14, 2019
approved such annexation on second reading and on May 28, 2019 approved such annexation on
third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 94 / 318
ORDINANCE NO. 9730 (Cont.)
- 3 -
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: May 28, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 95 / 318
ORDINANCE NO. 9730 (Cont.)
- 4 -
Exhibit A
A description of the property owned by the City of Grand Island located in Section 5, Township 11 north
Range 9 west of the 6th P.M. in Hall County Nebraska along with all adjacent road rights-of-way more
particularly described as:
Beginning at the northeast property corner of Lot 2 Schumman Subdivision and proceeding in a
northerly direction along the west line of Section 5, Township 11 north, Range 9 west of the 6th
P.M. to the northeast corner of Lot 1 Lawton Subdivision, thence in a westerly direction to the
northwest corner of Lot 1 Lawton Subdivision the edge of the Webb Road right of way, thence
northerly along the Webb Road right of way to the Intersection of the Webb Road and Airport
Road right of way, thence easterly to the west line of parcel 400187192 owned by the Nebraska
Department of Transportation as right of way for U.S. Highway 281, thence north to the
northwest corner of the Nebraska Department of Transportation right of way, thence easterly
along the north right of way line to the current municipal limits of the City of Grand Island,
thence in a southwesterly direction to a point at the southeast corner of parcel 400187192 owned
by the Nebraska Department of Transportation as right of way for U.S. Highway 281, thence in a
southerly direction along the municipal limits line of the City of Grand Island to the northerly
right of way line of Old Nebraska Highway 2, thence in a northwesterly direction along the north
right of way line of Old Nebraska Highway 2 to the west line of Section 5, Township 11 north,
Range 9 west of the 6th P.M., thence north along the west line of Section 5, Township 11 north,
Range 9 west of the 6th P.M. to the point of beginning.
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ORDINANCE NO. 9730 (Cont.)
- 5 -
Exhibit B
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 97 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item F-4
#9732 – Consideration of Approving Request to Rezone a Portion
of Lot 2 Hanover Second Subdivision and a Portion of Lot 4
Hanover Third Subdivision located West of North Road and South
of 13th Street from R1-Suburban Density Residential to R-3
Medium Density Residential (Trent Huff & Andy Eiler)
This item relates to the aforementioned Public Hearing item E-6.
Staff Contact: Chad Nabity
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Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9732
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of part o Lot 2 of Hanover Second
Subdivision and part of Lot 4 of Hanover Third Subdivision in the City of Grand Island, Hall
County, Nebraska, from R-1 Suburban Density Residential to R-3 Medium Density Residential
as more particularly described below; directing that such zoning change and classification be
shown on the Official Zoning Map of the City of Grand Island; and providing for publication and
an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on May 1, 2019, held a public
hearing on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on May 14, 2019, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from R-1 Suburban Density Residential to R-3 Medium Density Residential Zone;
A TRACT OF LAND CONSISTING OF PART OF LOT TWO (2) HANOVER SECOND SUBDIVISION
AND A PART OF LOT FOUR (4) HANOVER THIRD SUBDIVISION, IN THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOW:
COMMENCING AT THE NORTHWEST CORNER OF LOT FOUR (4) HANOVER THIRD SUBDIVISION,
SAID POINT BEING THE POINT OF BEGINNING; THENCE N 88°38'32” E ALONG THE NORTH LINE
LOT FOUR (4) HANOVER THIRD SUBDIVISION, A DISTANCE OF FIVE HUNDRED SEVENTY TWO
AND FORTY ONE HUNDREDS (572.41') FEET; THENCE S 01°25'13” E ALONG THE WEST LOT LINE
OF LOT ONE (1) HANOVER SECOND SUBDIVISION, A DISTANCE OF ONE HUNDRED NINETY FIVE
AND SIXTY NINE HUNDREDS (195.69') FEET; THENCE S 89°32'18” W A DISTANCE OF TWENTY
ONE AND NINETY HUNDREDS (21.90') FEET; THENCE S 00°53'49” E TWO HUNDRED SIX AND
THIRTY NINE HUNDREDS (206.39') FEET; THENCE S 89°30'23” W A DISTANCE OF ONE HUNDRED
FIFTY (150.00') FEET; THENCE S 00°53'49” E A DISTANCE OF TWO HUNDRED SIXTEEN AND
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ORDINANCE NO. 9732 (Cont.)
- 2 -
THREE HUNDREDTHS (216.03') FEET; THENCE S 71°11'24” E A DISTANCE OF TWENTY TWO AND
EIGHTY THREE (22.83') FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF SIX
HUNDRED THIRTY (630') FEET; WITH A CHORD DISTANCE OF ONE HUNDRED SEVENTY THREE
AND TWENEY SIX HUNDRETHS (173.26') ON A BEARING OF S 80°44'50” W; THENCE S 89°30'19” W
A DISTANCE OF TWO HUNDRED NINE AND FOURTEEN HUNDREDTHS (209.14') FEET; THENCE N
00°52'41” W A DISTANCE OF SIX FORTY THREE (643.00') FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS AN AREA OF 321,872.411 SQUARE FEET OR 7.389 ACREAS MORE OR
LESS.
SECTION 3. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 14, 2019
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item F-5
#9733 - Consideration of Approving Sale of 0.02 Acres to Menard,
Inc. located at the Southeast Corner of Fire Station 4 along State
Street
This item also relates to Consent Agenda items G-17 & G-18.
Staff Contact: Jerry Janulewicz
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 101 / 318
Council Agenda Memo
From:Jerry Janulewicz, City Attorney
Meeting:May 14, 2019
Subject:Resolution regarding Fire Station #4 Development
Agreement and Limited License Agreement; Resolution
regarding Temporary Easement Permanent Easement;
Ordinance regarding Purchase Sale Agreement – 0.02
acres sale to Menard, Inc.
Presenter(s):Jerry Janulewicz, City Attorney
Background
By adoption of Ordinance 9666, Council approved the Purchase Sale Agreement (the
“Agreement”) with Menard, Inc., for the sale of Lot One in State Subdivision for
$103,015.00 cash consideration paid at closing. As additional consideration for the sale
of the city property, within two years of closing Menard shall construct and convey to
City, at Menard’s cost, a new fire station located at the corner of 13th Street and North
Road. Closing of the sale is contingent upon approval of a development agreement for
construction of the fire station and approval of a limited license agreement to permit the
city to continue to occupy the current fire station until the new station is completed.
Following the city’s approval of the Ordinance 9666, Menard sought to obtain from the
City a triangular tract of land containing 0.02 acres located near the southeast corner of
the fire station property. The three sides are 42.34 feet, 41.85 feet, and 59.96 feet. The
tract is depicted in the attached survey. The proposed Ordinance, if adopted, would
authorize the sale of this tract subject to the public’s right of remonstrance.
Discussion
City staff reviewed and approved the construction plans and specifications, the
development agreement, and the limited license agreement. Upon approval of the same
by the City Council and Mayor through approval of the Resolution, closing can proceed
for the sale of Lot 1 State Subdivision to Menard, Inc. Pursuant to the Purchase/Sale
Agreement and the imited license agreement, existing Fire Station #4 will remain
occupied by the City’s Fire Department until construction of the new station is complete.
The proposed Resolution, if adopted, approves and authorizes execution of the
development agreement and the limited license agreement and authorize the City’s
Mayor to take such actions as is necessary to close the real estate transaction.
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As discussed above, Menard is also seeking to purchase a small triangle-shaped parcel at
the southeast corner of the existing Fire Station property. In exchange for this parcel,
Menard is proposing to convey to the city the electric generator that currently services the
Fire Station. The proposed ordinance, if adopted, would authorize the sale of this tract of
land provided a valid, sufficient remonstrance petition is not received. For background
information, in 2004 the city sold to Menard a tract of land east of the fire station
containing 0.276 acres for $27,225, or $98,641 per acre. At that same rate per acre, the
present small tract would have a price of $1,972. The fire chief advised the value of the
electric generator greatly exceeds this amount. The generator would be relocated to
another fire station when present Fire Station #4 is vacated by the City.
Finally, Menard is further requesting a temporary construction easement and permanent
easement to go upon the City’s utility easement area to construct and maintain a wall to
be located on Lot 1 State Subdivision following relocation of Fire Station #4.
Council is requested to consider and take action with respect to the following:
1. Resolution approving the development agreement and limited license agreement;
2. Resolution approving the temporary construction easement and permanent
maintenance easement; and
3. Ordinance authorizing the sale of the tract of land of approximately 0.02 acres to
Menard, Inc., subject to public remonstrance period.
Alternatives
It appears that the Council has the following alternatives concerning each resolution and
the ordinance. The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council adopt the Resolution (Ordinance).
Sample Motion
Move to approve the Resolutions and Ordinance.
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1
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (the “Agreement”) is entered into on this ___ day of
________________, 2019, (the “Effective Date”) by and between MENARD, INC. (“Menard”) and the
CITY OF GRAND ISLAND, NEBRASKA (“City”). The foregoing are hereinafter sometimes
individually referred to as a (“Party”) and collectively referred to as the (“Parties”).
RECITALS:
WHEREAS, Menard and City entered into a Purchase and Sale Agreement dated December 13,
2017 (the “PSA”) for the sale of property identified in the attached Exhibit A (the “Menard Parcel”).
WHEREAS, City is the owner of a parcel of land identified on the attached Exhibit B (“City
Parcel”).
WHEREAS, as part of the consideration for City selling the Menard Parcel to Menard, Menard has
agreed to construct a new fire station building on the City Parcel in accordance with the Development
requirements listed in Article II below (“Improvement(s)”) pursuant to the terms and conditions of this
Agreement.
WHEREAS, the Parties now desire to enter into this Agreement in order to establish their
respective rights and obligations.
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements
herein set forth, the Parties do hereby agree as follows:
ARTICLE I - INCORPORATION
SECTION 1.1 All of the above Recitals are incorporated herein by reference in this Paragraph as
if fully restated herein.
ARTICLE II – DEVELOPMENT
SECTION 2.1 Project Area. Menard has agreed, at its sole cost unless otherwise specified in this
Agreement, to perform and is responsible for constructing the Improvements upon the City Parcel in
accordance with the plans, specifications, requirements and timelines established by this Agreement.
SECTION 2.2 Improvements. It is understood and agreed by and among the parties that the
Improvements shall consist of a new fire station with a split face block exterior, as depicted and specified
in the following documents: GEC Plan Sets Dated March 21, 2019; Grand Island Fire Station #4
Construction Specifications dated March 21, 2019; Grand Island Fire Station construction Signed Set dated
January 14, 2019; Grand Island Fire Station Specifications PME dated March 21, 2019; and Grand Island
Fire Station #4 Site Civil Plans dated April 24, 2018 (collectively, the “Site Improvement Plans”). The
foregoing is subject to the receipt of all necessary government approvals.
2.2.1 City’s Due Diligence Materials. City, at its sole cost, shall deliver to Menard a
geotechnical report, Phase I environmental report and a topographical survey of
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2
the City Parcel prior to Menard beginning construction activities on the City
Parcel.
2.2.2 Fire Station Construction. Menard at its sole cost and expense will design and
construct the Improvements on the City Parcel. The construction of the fire station
shall be in accordance with the Site Improvement Plans using Menard-provided
materials and supplies. Construction of the fire station shall include the
construction of the building, the paved drives, the parking areas, utility extensions
from the right of way, and the landscaping. Pursuant to and in accordance with a
schedule approved by City’s Fire Chief, City equipment identified in Exhibit C
shall be removed from the Menard Parcel and installed at the Fire Station
constructed upon the City Parcel at Menard’s sole cost and expense.
2.2.3 Costs of Construction. Menard shall be responsible for all charges, fees and
expenses in relation to materials, labor, architect fees (excepting those fees relating
to City’s review of the Menard created plans), utilities, site preparation, and
landscaping, excepting that the City shall be responsible for the cost of upgrading
the exterior of the Improvements to tan split face block at a cost not to exceed Fifty
Two Thousand Seven Hundred Thirty Eight AND NO/100 Dollars ($52,738.00).
Any costs relating to revisions of the plans shall be the sole cost of City. Any costs
relating to required expansion of public rights of way, offsite utility extensions,
and any other work in addition to those items contained in the Site Improvement
Plans shall be completed at the sole cost of City.
2.2.4 Warranty. Menard or its contractors shall provide to City a one (1) year warranty
from the date Menard completes the work contemplated herein.
SECTION 2.3 Material Modifications. In the event the City requires any material modifications
to the location, size or character of the Improvements, City shall notify Menard of such changes and the
Parties shall work in good faith to modify the plans to accommodate the City’s requirements to the
reasonable satisfaction of Menard and City. Any increase in the cost of completing the Improvements due
to such material modification shall be the sole responsibility of City.
SECTION 2.4 Project Management. Menard will undertake typical project management
responsibilities for the design and installation of the Improvements and shall oversee the construction of
the Improvements. Menard shall comply with all local, state, and federal laws during construction of the
Improvements.
SECTION 2.5 Timing, Completion and Approval. Menard shall construct the Improvements
within 2 years of the date of this Agreement (the “Construction Deadline”). If Menard has begun
construction of the Improvements, but has not completed the Improvements by the Construction Deadline,
Menard shall be allowed to extend the Construction Deadline for a period of sixty (60) days. Upon
completion of the construction by Menard, City shall have thirty (30) days to inspect the Improvements for
any items that are not in accordance with the Site Improvement Plans (the “Improvement Review Period”).
If any are found, City shall compile a complete list of items not conforming to the Site Improvement Plans
(the “Improvement Correction List”); if City fails to deliver the Improvement Correction List within the
Improvement Review Period, City shall be deemed to have accepted and approved the Improvements. Upon
receipt of the Improvement Correction List, Menard shall have thirty (30) days to correct such deficiencies
(the “Improvement Correction Period”). Upon Menard’s completion of the items outlined on the
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3
Improvement Correction List, City shall have an additional thirty (30) days to review and object to Menard’s
remedial work (the “Remedial Review Period”). City shall not, during the Remedial Review Period, add
additional items outside the scope of those outlined on the Improvement Correction List. Menard shall have
an additional thirty (30) days, or a mutually agreed upon reasonable amount of time, to correct any further
remedial work requested by the City (the “Remedial Correction Period”). Upon approval of the
Improvements by City, or the conclusion of the Remedial Correction Period, Menard shall turn over
possession of the Improvements to City.
SECTION 2.6 Failure to Construct Improvements. In the event that Menard fails to construct
the Improvements, and has not begun its construction of such Improvements pursuant to this Agreement,
the City and Menard shall have the option, upon mutual written agreement, to extend this Agreement for a
term of one (1) year. If, upon the expiration of this agreement and any extensions, Menard fails to construct
the Improvements, the following shall occur:
(A) Ownership of the Menard Parcel shall revert back to the City, and, within one hundred fifty
(150) days, any warehouse improvements placed on the Menard Parcel pursuant to Section 3.7
below shall be removed at the sole cost and expense of Menard;
(B) The City shall return the purchase price outlined in the PSA to Menard; and
(C) All Parties shall thereupon be relieved of any and all responsibilities under this Agreement.
SECTION 2.7 Licenses For Construction. City hereby grants to Menard, and its contractors,
employees, agents, and representatives, a nonexclusive license for the term of this Agreement to enter upon
the City Parcel for the performance of all work required or permitted to be performed by Menard under this
Agreement. The License and permit granted hereby is limited to a license for entry upon the City Parcel
and does not include the granting of or waiver of any professional licensure, i.e. plumber electrician, etc.,
required by state or local law or regulation. Menard shall provide City with seven days prior notice before
the commencement of construction.
SECTION 2.8 Insurance and Indemnification.
2.8.1 Insurance. During construction of the Improvements, Menard agrees to provide and maintain,
and cause its contractors and subcontractors to provide and maintain throughout the period of construction
of the Improvements, general liability insurance in the minimum amounts of:
$1,000,000.00 for property damage to any one person;
$1,000,000.00 for property damage in any one accident;
$1,000,000.00 for personal bodily injury or death to any one person or individual; $1,000,000.00
for personal bodily injury or death in any one accident.
Said insurance shall name City as an additional insured.
2.8.2 Liens. Menard shall not cause (or allow its contractors to cause) any mechanics' lien or any
other interest to attach to the City Parcel. In the event of such lien or interest, Menard shall within thirty
(30) days’ notice from City pay such amount owed and cause the lien to be removed or Menard shall bond
over the lien in accordance with common practices for providing such a security prevailing and accepted in
the locality of Grand Island, Nebraska.
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4
ARTICLE III – MISCELLANEOUS PROVISIONS
SECTION 3.1 Agreement Binding. Except as set forth below, this Agreement is binding on the
parties and neither party may assign or delegate its obligations hereunder (except to a construction
company or similar entity for purposes of constructing the Improvements), without the prior
written consent of the other party.
SECTION 3.2 Entire Agreement. This Agreement embodies the entire agreement and
understanding of the Parties relating to the subject matter herein and therein and may not be amended,
waived or discharged except in an instrument in writing executed by the Parties.
SECTION 3.3 Permits. Menard’s obligation to construct the Improvements is subject to Menard
receiving, at City’s cost, a building permit for its development of the City Parcel and receiving all necessary
governmental permits and approvals for the Improvements.
SECTION 3.4 Severability. If any part, term, or provision of this Agreement is held by a court to
be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any
other part, term, or provision, and the rights of the Parties will be construed as if the part, term, or provision
was never part of this Agreement.
SECTION 3.5 Enforceability. The enforceability of this agreement is contingent upon Menard
and the City closing on the Menard Parcel transaction as agreed upon in the PSA.
SECTION 3.6 Waiver. No waiver of any provision of this Agreement will be deemed to constitute
a waiver of any other provision, nor constitute a continuing waiver unless expressly provided for by a
written amendment to this Agreement signed by the Parties, nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type. Also, no delay or
omission by any of the parties to exercise any right, privilege or power accruing upon any failure of
performance shall impair any such right or privilege or shall be construed a waiver thereof.
SECTION 3.7 Menard Parcel Construction. Following closing on the purchase of the Menard
Parcel and the commencement of the construction of the Improvements outlined herein, Menard shall have
the right to begin construction of warehouse improvements upon the Menard Parcel, so long as such
construction does not interfere with the City’s continued use and enjoyment of the Menard Parcel until that
point in time that the City vacates the Menard Parcel.
SECTION 3.8 No Partnership. This Agreement shall not create an association, partnership, joint
venture or principal and agency relationship or similar other legal relationship under the laws of any state
or the federal government, or to render them liable for the debts or obligations of the others, except as
otherwise expressly provided in this Agreement. Any correspondence or other references to “partners” or
other similar terms will not be deemed to alter, amend or change the relationship between the Parties hereto
unless there is a formal written agreement specifically detailing the rights, liabilities and obligations of the
Parties as to a new, specifically defined legal relationship.
SECTION 3.9 Notice. Any notice, demand, request or other communication which may or shall
be given or served by the Parties shall be deemed to have been given or served on the date the same is:
deposited in the United States Mail, standard, registered or certified, return receipt requested, postage
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5
prepaid; sent by electronic or facsimile transmission; or given to a nationally recognized overnight courier
service for next business day delivery and addressed as follows:
If to the Menard: Menard, Inc.
Attn: Properties Division
5101 Menard Drive
Eau Claire, WI 54703
Phone: (715) 876-2532
Fax: (715) 876-5998
Email: properties@menard-inc.com
If to City: City of Grand Island
Attn: Mayor
100 East First Street
Grand Island, NE 68802
Phone: (308) 385-5444
The above addresses may be changed at any time by the parties by notice given in the manner provided
above.
SECTION 3.10 Counterparts; Modification. This Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute a single instrument. Signature
and acknowledgment pages may be detached from individual counterparts and attached to a single or
multiple original(s) in order to form a single or multiple original(s) of this Agreement. This Agreement
cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or
discharge it in whole or in part unless such executory agreement is in writing and is signed by the parties
against whom enforcement of any waiver, change, modification or discharge is sought.
SECTION 3.11 Governing Law. This Agreement shall be interpreted and construed in
accordance with the laws of the State of Nebraska.
SECTION 3.12 Captions. The captions herein are inserted only for reference, and in no way
define, limit or describe the scope of this Agreement or the meaning of any provision hereof.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
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6
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein
set forth, the Parties do hereby covenant and agree as follows:
MENARD, INC.
By:__________________________
Theron J. Berg
Real Estate Manager
Date: ___________________, 2019
ACKNOWLEDGEMENT
STATE OF WISCONSIN )
)ss.
COUNTY OF EAU CLAIRE )
On this ____ day of ____________, 2019, before me a Notary Public within and for this County and State,
personally appeared Theron J. Berg to me personally known, who, being by me duly sworn did say that he
is the Real Estate Manager of Menard, Inc., the corporation named in the foregoing instrument, and that
this instrument was signed on behalf of the corporation and that Theron Berg, Real Estate Manager
acknowledged this instrument to be the free act and deed of Menard, Inc.
Notary Public _________________County
My Commission _____________________
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7
City of Grand Island, Nebraska
By: __________________________________
Roger G. Steele, Mayor
Date: ___________________, 2019
ACKNOWLEDGEMENT
STATE OF NEBRASKA )
)ss.
COUNTY OF HALL )
On this ____ day of ______________, 2019, before me a Notary Public within and for said County and
State, personally appeared Roger G. Steele to me personally known, who, being by me duly sworn did say
that he is the Mayor of City of Grand Island, Nebraska, the entity named in the foregoing instrument, and
that the instrument was signed on behalf of the city and Roger G. Steele acknowledged the instrument to
be the free act and deed of the city.
_________________________________
Notary Public
This Instrument Is Drafted by:
Pat Wewel
Corporate Counsel Menard,
Inc.
5101 Menard Drive
Eau Claire, WI 54703
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8
Exhibit A Menard Parcel
Lot One (1), State Subdivision in the City of Grand Island, Hall County, Nebraska.
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9
Exhibit B City Parcel
Lot 1, Hanover Third Subdivision in the City of Grand Island, Hall County, Nebraska.
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10
Exhibit C
Plymovent (vehicle exhaust capture system)
Commercial washer and dryer
Bunker Gear racks
Breathing Air Compressor and bottles
Breathing Air fill station
Communication system: telephone and radio
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1
LIMITED LICENSE AGREEMENT
This Limited License Agreement (“Agreement”) is made as of this _____ day of
____________, 2019, by and between MENARD, INC. (“Licensor”) and the CITY OF
GRAND ISLAND, NEBRASKA (“Licensee”). The foregoing are hereinafter sometimes
collectively referred to as the (“Parties”)
RECITALS
WHEREAS, Licensor and Licensee have entered into a Purchase and Sale
Agreement with an effective date of December 17, 2017, (the “PSA”) for the sale of that
certain parcel of land located in the City of Grand Island, Hall County, Nebraska, more
fully described as: Lot One in State Subdivision in the City of Grand Island, Hall County,
Nebraska (the “Property”).
WHEREAS, Licensee desires to use a portion of the aforementioned parcel
(the “Licensed Area”) following the closing on the Property pursuant to the PSA, for the
continued operation of a fire station.
WHEREAS, Licensor is willing to grant and Licensee wishes to receive a
revocable, limited, exclusive license over the Licensed Area for the benefit of Licensee all
as more fully set forth herein.
AGREEEMENT
NOW, THEREFORE, the parties agree as follows:
1. The license granted herein to Licensee shall commence on the closing of
the Property pursuant to the PSA and terminate on the sooner of the expiration of 30 days
following the Licensee’s acceptance of the Improvements outlined in that certain
Development Agreement entered into between the Licensor and Licensee with an effective
date of ______________, 2019 (the “Development Agreement”), or upon the Construction
Deadline outlined in the Development Agreement (the “Term”). In the event that this
Agreement expires on the Construction Deadline, Licensor and Licensee shall have the
option to extend this Agreement for two (2) sixty (60) day periods pursuant to an instrument
in writing signed by the Parties.
2. Licensor hereby grants to Licensee an exclusive limited license to enter
upon the Licensed Area during the Term solely for the purpose of operating a fire station,
and for no other purpose without the prior express written consent of Licensor. Licensee
acknowledges and agrees that any and all activities conducted by Licensee or Licensee’s
employees, agents, representatives or contractors shall be solely at the risk of Licensee.
3. Throughout the term of this Agreement, Licensee shall solely be responsible
for all property bills, maintenance bills, water bills and utility bills associated with the
Property; additionally, the foregoing bills shall be paid in full upon termination of this
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Agreement. Following Licensee’s acceptance of the Improvements outlined in the
Development Agreement, and Licensee’s vacation of the property, Licensee shall transfer
all utilities, property bills and any warranties associated with the Property to the Licensor.
Licensee shall additionally turn over any keys, combinations, security codes, garage door
openers and equipment manuals related to the improvements existing on the Property.
Notwithstanding anything to the contrary herein, Licensor shall be responsible for any and
all real estate taxes which first become due and payable after the date on which the Term
ends.
4. Licensor shall withhold and place in escrow 10% of the purchase price, as
outlined in the PSA, until that time that the Licensee vacates the Property. Upon
termination of this Agreement, Licensor shall, within 30 days after receipt of a written
request by Licensee, authorize release of the escrowed funds contingent on Licensee
fulfilling all obligations of Licensee outlined in Section 3 of this Agreement.
5. Licensee agrees not to cause or permit any lien to be filed against the
Licensed Area and shall indemnify and hold Licensor harmless from and against any and
all such claims and liens arising out of the activities of Licensee, its employees, agents,
representatives or contractors at or upon the Licensed Area.
6. Licensee shall, at its sole cost, obtain and maintain in effect all licenses,
permits, consents and authorizations of federal, state and local authorities which may be
necessary, required or appropriate for all activities of Licensee and its employees, agents,
representatives and contractors at or upon the Licensed Area.
7. Licensor makes no representations, warranties or covenants of any
nature whatsoever regarding the condition of the Licensed Area or its suitability for
the activities planned by Licensee, and Licensee accepts the Licensed Area in “as is”
condition with all faults latent or apparent. Licensee agrees that Licensor shall not
be required to undertake or exercise any duty of care or other safeguards with respect
to the Licensed Area or for the safety of persons or for the prevention of damage to
property in connection with any activities of Licensee on or about the Licensed Area.
8. Any equipment or facilities temporarily placed on the Licensed Area by or
for Licensee shall be installed, kept and maintained by Licensee in a safe and secure
condition and in compliance with all applicable federal, state and municipal laws,
regulations, ordinances and orders. All activities of Licensee and its employees, agents,
representatives and contractors on and about the Licensed Area shall be conducted in
compliance with all applicable federal, state and municipal laws, regulations, ordinances
and orders.
9. At all times during the Term, Licensee shall keep the Licensed Area and
everything thereon in a clean, safe and orderly condition and shall keep the Licensed Area
and its surroundings clean and free from trash, rubbish, waste and debris. Before
expiration of the Term, Licensee shall remove all materials, equipment, personal
property and other items of any nature within the Licensed Area; and Licensee shall
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leave and surrender the Licensed Area in the same or better condition as it was at the
beginning of the Term. If any repairs or restoration should be necessary in order to return
the Licensed Area or any part thereof to such condition, such work shall be promptly
performed by Licensee, at its sole cost and to Licensor’s satisfaction.
10. Licensee shall not cause or permit any Hazardous Substance to be used,
stored, generated or disposed of on or in the Licensed Area by Licensee, Licensee's agents,
employees, contractors or invitees, without first obtaining Licensor's written consent. If
Hazardous Substances other than those approved by Licensor herein are used, stored,
generated or disposed of on or in the Licensed Area, or if the premises become
contaminated in any manner for which Licensee is liable, Licensee shall indemnify and
hold harmless Licensor from any and all claims, damages, fines, judgments, penalties,
costs, liabilities or losses (including, without limitation, a decrease in value of the premises,
damages due to loss or restriction of rentable or usable space, or any damages due to
adverse impact on marketing of the space, and any and all sums paid for settlement of
claims, attorney fees, consultant and expert fees) arising during or after the Term and
arising as a result of such contamination by Licensee. This indemnification includes,
without limitation, any and all costs incurred due to any investigation of the site or any
cleanup, removal or restoration mandated by a federal, state or local agency or political
subdivision. Without limitation of the foregoing, if Licensee causes or permits the presence
of any Hazardous Substance on the Licensed Area and such result in contamination,
Licensee shall promptly, at its sole expense, take any and all necessary actions to return
the Licensed Area to the condition existing prior to the presence of any such Hazardous
Substance on the Licensed Area. Licensee shall first obtain Licensor's approval of any
such remedial action. As used herein, “Hazardous Substance” includes any and all material
or substances which are classified as “hazardous waste,” “extremely hazardous waste,”
“hazardous materials,” “hazardous substance,” or any equivalent classification pursuant to
state, federal, or local governmental law.
11. At its sole cost, Licensee shall maintain Comprehensive General Liability
Insurance and shall maintain it in force and effect throughout the Term of this Agreement.
This insurance shall insure Licensor and Licensee from all claims, demands, or actions
made by or on behalf of any person or entity arising from, related to, or connected with the
conduct and operation of Licensee's business on the Licensed Area. This insurance shall
have minimum limits of not less than a Combined Single Limit for Bodily Injury, Property
Damage and Personal Injury Liability of $2,000,000 per occurrence and $3,000,000
aggregate. This insurance shall be the Primary Policy for any and all claims arising out of
or relating to Licensee’s use of the Licensed Area. Any insurance held by Licensor shall
be used only to cover claim amounts in excess of the required limits of the Primary Policy.
Prior to occupying the Licensed Area, Licensee shall furnish Licensor with
certificates showing compliance with this provision and naming Licensor as a
primary and non-contributory additional insured. In addition, throughout the Term
Licensee shall maintain any and all worker’s compensation insurance required by statute.
12. Licensee shall be liable for, and shall defend, indemnify and hold harmless
Licensor, its shareholders, directors, officers, employees and agents (collectively, the
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“Indemnitees”), from and against any and all liability, claims, suits, judgments, damages,
losses, costs and expenses, which any or all of said Indemnitees may suffer, incur, be
exposed to, be responsible for or pay, on account of any injury to or death of any person,
or damage to or loss or destruction of any property, to the extent caused by Licensee (or
any of its employees, agents, representatives or contractors) and arising out of or in
connection with this License or the exercise of any license or privilege herein granted or
the conduct of any activity on or about the Licensed Area.
13. This Agreement is an independent agreement between the parties hereto and
it shall not be deemed or construed to be an agreement to lease or purchase the Licensed
Area.
14. Licensee may not and shall not assign this Agreement or the license and
privileges hereunder, or delegate any of the Licensee’s duties and obligations hereunder,
without the prior written consent of Licensor and any attempted assignment or delegation
without such prior written consent of Licensor shall be void.
15. This Agreement shall not become effective or binding unless and until the
Parties close pursuant to the PSA and this Agreement has been signed by or on behalf of
each of the parties hereto. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. Any facsimile or electronic transmission of this Agreement,
signed by either or both parties hereto shall be considered to have the same legal effect as
the original and shall be treated in all manner and respects as if the original had been
delivered at the time of such facsimile or electronic transmission.
16. Any notices, deliveries and other communications required under this
Agreement, and any other communication which either Licensor or Licensee may desire to
deliver to the other, shall be in writing and shall be sent by either certified mail (return
receipt requested), by nationally-recognized overnight courier, or by facsimile
transmission provided that the original is immediately sent by another method specified
herein, in each instance directed, addressed and transmitted or sent as follows:
If to Licensor: Menard, Inc.
Attn: Properties Division
5101 Menard Drive
Eau Claire, WI 54703
Facsimile Number: (715) 876-5998
Phone Number: (715) 876-2532
If to Licensee: City of Grand Island
Attn: Mayor
100 East First Street
Grand Island, NE 68802
Phone Number: (308) 385-5444
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Either party may by like notice at any time and from time to time designate a
different address to which notices shall be sent. Such notices, demands or declarations
shall be deemed sufficiently served or given for all purposes hereunder at the time they
shall be mailed by United States certified mail, overnight courier or facsimile as aforesaid.
Notwithstanding the foregoing, at Licensor’s option monthly account statements, invoices,
and similar correspondence may be delivered to Licensee via email.
17. Licensee shall be in default in the event that Licensee: fails in the payment
of utilities or taxes or fails in any other charge hereunder; or fails to comply with any other
term or condition of this Agreement; or fails to leave the Licensed Area at the end of the
Term in the original or better condition; or permits a lien to be filed against the Licensed
Area. In the event of any default Licensor shall, at its option, have the right to terminate
this Agreement, in addition to any other remedies which are available to Licensor.
Licensor will charge Licensee a monthly delinquency charge of 1/2% per month (6%
A.P.R.) on any fees, taxes or other charges to be paid by Licensee under this Agreement
that are overdue and such charge will be paid by Licensee.
[SIGNATURES APPEAR ON FOLLOWING PAGE(S)]
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IN WITNESS WHEREOF, each of the parties hereto has caused this Limited
License Agreement to be signed and executed on its behalf as of the day and year first
above written.
Date: ________________, 2019 LICENSEE: CITY OF GRAND ISLAND
By: _________________________
Name: _______________________
Its: _________________________
Date: ________________, 2019 LICENSOR: MENARD, INC.
By: _________________________
Theron J. Berg
Real Estate Manager
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TEMPORARY CONSTRUCTION EASEMENT AND PERPETUAL
MAINTENANCE EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT AND PERPETUAL
MAINTENANCE EASEMENT (this “Agreement”) is made effective this ___ day of
_____________, 2019, by and between the CITY OF GRAND ISLAND, a Nebraska municipal
corporation (“Grantor”) and MENARD, INC., a Wisconsin corporation (“Grantee”), whose
principal place of business is located at 5101 Menard Drive, Eau Claire, WI 54703.
WHEREAS, Grantor is the owner of that certain real property located in the City of Grand
Island, Hall County, Nebraska, legally described on Exhibit A attached hereto (the “Grantor
Property”);
WHEREAS, Grantee is the owner of that certain real property located in the City of Grand
Island, Hall County, Nebraska, legally described on Exhibit B attached hereto (the “Grantee
Property”);
WHEREAS, Grantor has agreed to grant to Grantee (i) a temporary easement for activities
related to the construction and development of certain improvements on the Grantee Property and
(ii) a permanent easement for the ongoing maintenance of such improvements, over a certain
portion of the Grantor Property, which portion is depicted on Exhibit C attached hereto (the
“Easement Area”); and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Grantor and Grantee agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee
and Grantee's employees, agents, consultants, and contractors a non-exclusive easement over,
upon, across, within and under the Easement Area for purposes of making cuts, fills and grading,
planting grass seed or sod, providing working room, and implementing all other reasonable
construction items for the construction of the improvements to be constructed on the Grantee
Property, together with the right of ingress and egress over and through adjoining land as may be
reasonably necessary to access the Easement Area (the “Construction Easement”). The easement
rights conveyed hereby shall be exercised in accordance with all applicable laws.
a. Termination of Construction Easement. The Construction Easement
shall terminate at the expiration of thirty (30) days following the
completion of construction by Grantee of the yard expansion
improvements.
2. Grant of Permanent Maintenance Easement. Grantor hereby grants to Grantee
and Grantee’s employees, agents, consultants, and contractors a non-exclusive easement over,
upon, across, within and under the Easement Area for purposes of continuing maintenance of the
improvements constructed on the Grantee Property together with the right of ingress and egress
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over and through adjoining land as may be reasonably necessary to access the Easement Area (the
“Maintenance Easement”).
3. Non-Disturbance. The easement rights conveyed hereby shall be exercised in a
manner such that activities upon the Easement Area do not unreasonably interfere with the use and
operation of the Grantor Property and the overhead and underground public utility facilities located
on the Grantor Property. Grantor retains and reserves unto itself, its employees, tenants, invitees,
licensees and agents the right to use the Easement Area for any and all purposes not inconsistent
with the grant of the Easement herein.
4. Restoration. Grantee shall promptly restore the Easement Area to substantially the
same physical condition that existed at the time Grantee or its contractors first entered upon the
Easement Area, except that the grading of the Easement Area will be changed to the extent
necessary to conform to the final grading on the Grantee Property in the areas adjacent to the
Easement Area, and Grantee will plant grass seed or sod.
5. Mechanic’s Liens. Grantee shall do all things necessary to prevent the filing of any
mechanic’s or other liens against the Grantor Property. If any such lien shall at any time be filed
in connection with the Grantee’s use of the Easement, Grantee shall cause the same to be vacated
and cancelled of record. If Grantee shall fail to vacate or release such lien in the manner aforesaid,
then, in addition to any other right or remedy of Grantor resulting from Grantee’s default, Grantor
may, but shall not be obligated to, vacate or release the same either by paying the amount claimed
to be due or by procuring the release of such lien by law. Grantee shall repay to Grantor, on
demand, all sums disbursed or deposited by Grantor pursuant to the foregoing provisions of this
section, including Grantor’s cost and expenses and reasonable attorneys’ fees incurred in
connection therewith.
6. Indemnification. Grantee hereby covenants and agrees to defend, indemnify and
hold Grantor harmless, including Grantor’s members, officers, employees, agents, representatives,
tenants, successors and assigns, (the “Indemnified Parties”), from and against any and all claims,
suits, actions, loss, cost, expense (excluding attorney’s fees), liability or claim of liability that
arises out of the following: (i) any default by Grantee under this Agreement; (ii) which occur as a
result of the exercise by Grantor of its rights and/or performance of any of Grantee’s obligations
hereunder; or (iii) the negligence or willful misconduct of Grantee and/or the employees, agents,
contractors, licensees and invitees of Grantee in, on or about the Easement Area. Grantee’s
indemnification obligation under this section shall not apply in the event of gross negligence by
one or more Indemnified Parties.
7. Binding Effect. This Agreement shall run with the land, benefit the Grantee
Property, and burden the Grantor Property within the Easement Area. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns, and may be modified or amended only in a writing signed by both of the parties hereto,
or their successors or assigns, as the case may be.
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8. Counterparts; Recording. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same Agreement. A facsimile or scanned copy of an executed counterpart shall have the same
legal effect as an original ink-signed counterpart. The parties agree that this Agreement may be
recorded with the Hall County, Nebraska Register of Deeds.
9. Miscellaneous. This Agreement shall be governed by the laws of the State of
Nebraska. If any portion of this Agreement shall be invalid or unenforceable to any extent, the
remaining provisions of this Agreement shall be valid and enforceable to the fullest extent
permitted by law. All recitals and exhibits to this Agreement are incorporated herein by reference.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement to be
effective as of the day and year first above written.
GRANTOR: CITY OF GRAND ISLAND
a Nebraska municipal corporation.
By: _______________________
Name: Roger G. Steele
Its: Mayor
ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL )
On this ____ day of ______________, 2019, before me a Notary Public within and for said County
and State, personally appeared Roger G. Steele to me personally known, who, being by me duly
sworn did say that he is the Mayor of City of Grand Island, Nebraska, the entity named in the
foregoing instrument, and that the instrument was signed on behalf of the city and Roger G. Steele
acknowledged the instrument to be the free act and deed of the city.
___________________________________________
Print Name: _________________________________
Notary Public in and for said
My Appointment Expires: County and State
____________________________
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GRANTEE: MENARD, INC.
a Wisconsin corporation.
By: _______________________
Name: Theron J. Berg
Its: Real Estate Manager
ACKNOWLEDGEMENT
STATE OF WISCONSIN )
)ss.
COUNTY OF EAU CLAIRE )
On this ____ day of ____________, 2019, before me a Notary Public within and for this County and State,
personally appeared Theron J. Berg to me personally known, who, being by me duly sworn did say that he
is the Real Estate Manager of Menard, Inc., the corporation named in the foregoing instrument, and that
this instrument was signed on behalf of the corporation and that Theron Berg, Real Estate Manager
acknowledged this instrument to be the free act and deed of Menard, Inc.
Notary Public _________________County
My Commission _____________________
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Exhibit A
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Exhibit B
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Exhibit C
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the “Agreement”) is made and entered into by
and between the City of Grand Island, Nebraska, a body corporate and politic and a political
subdivision of the State of Nebraska, herein referred to as "Seller", and Menard, Inc., a Wisconsin
corporation, with offices at 5101 Menard Drive, City of Eau Claire, State of Wisconsin 54703,
herein referred to as "Purchaser" with reference to a certain parcel of land located in the City of
Grand Island, County of Hall, and State of Nebraska, more fully described as:
A parcel of land consisting of 0.02 acres more or less in the City of Grand
Island, Hall County, Nebraska (the “Property”), as legally described and
depicted on the attached Exhibit A.
In consideration of the mutual covenants herein set forth, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE: Seller covenants and agrees to
sell, and Purchaser covenants and agrees to purchase the above described property, herein referred
to as the “Property”, together with all improvements situated thereon together with any and all
rights, titles, powers, privileges, easements, licenses, rights-of-way, oil, gas or mineral rights and
interests appurtenant to and which benefit the Property and the improvements and the purchase
and conveyance contemplated herein will be contingent on and subject to the terms, covenants,
conditions and contingencies herein.
2. PERMITTED ENCUMBRANCES: The sale of the Property is subject to the
following encumbrances (herein referred to as the "Permitted Encumbrances"): building and
zoning laws, county and municipal ordinances, state and federal regulations, easements, covenants
and restrictions of record accepted in writing by Purchaser.
3. CONTINGENCIES: Provisions to the contrary herein notwithstanding,
performance by the Purchaser is contingent upon satisfaction of all of the following conditions:
(A) Purchaser obtaining all necessary zoning classifications and variances and the
issuance of all necessary permits and approvals to allow construction and operation
upon the Property of Purchaser’s proposed development.
Seller hereby agrees to make available to Purchaser for Purchaser’s review at no
additional cost or expense to Purchaser any and all plats, maps, documents and
other materials now in Seller's possession which may aid and assist Purchaser in
obtaining all necessary zoning and other permits subject to and pursuant to this
Agreement.
(B) Purchaser satisfying itself that the Property has or can be provided with, at
reasonable cost of installation, storm sewer or surface drainage (including retention
ponds), sanitary sewer, water, electrical, telephone and gas service in sufficient
capacities and quantities to provide for the proposed development of the Property
by the Purchaser. It shall be at Purchaser's sole discretion, in good faith, as to
whether the Property has or can have the above utilities in sufficient capacities and
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quantities or whether said utilities can be provided to the Property at reasonable
costs of installation.
(C) Purchaser obtaining geotechnical reports, based upon soil borings and tests, which
disclose soil conditions satisfactory to Purchaser for the proposed development of
the Property.
(D) Purchaser obtaining from appropriate authorities permission to erect and operate
advertising and informational signs on the Property as Purchaser deems
appropriate, the same to be to the satisfaction of Purchaser.
(E) Purchaser obtaining, in accordance with the provisions of Section 7 herein, at
Purchaser's cost and expense, current ALTA boundary and topographical surveys
of the Property, which disclose conditions satisfactory to Purchaser for its
development of the Property.
(F) Purchaser inspecting the environmental condition of the Property prior to the
Closing Date, including the right to conduct environmental, habitat, wetlands and
archeological assessments and other studies on the Property, and finding the results
of those studies acceptable. If Purchaser's inspection discloses conditions of
Property, which, in Purchaser's sole discretion, are unacceptable to Purchaser,
Purchaser may terminate this Purchase Agreement.
(G) Seller obtaining agreements for the relocation, release, termination and/or
extinguishment of such rights-of-way, easements, restrictions, and proposed
easements across the Property, as disclosed by the title insurance report or surveys,
which in Purchaser's sole opinion, must be relocated, released, modified, terminated
and/or extinguished in order to permit Purchaser to develop the Property as a retail
lumber and home improvement center. Provided, however, Seller may terminate
this Agreement if the cost of obtaining agreements for the relocation, release,
termination, and/or extinguishment of such rights-of-way, easements, restrictions,
and proposed easements across the Property exceeds or will exceed $500.00 and
Purchaser has not agreed to pay for any excess costs over such $500.00 amount.
Purchaser may, at its sole option, and at its own expense, enter into agreements to
relocate or remove any existing utilities after the Closing Date, but Purchaser shall
not be required or obligated to do so.
(H) Purchaser inspecting the Property, including the right to conduct engineering and
mechanical studies of the Property, and finding its condition, structure, amenities
and systems acceptable. If Purchaser's inspection discloses conditions of the
Property which are unacceptable to Purchaser, Purchaser may terminate this
Purchase Agreement.
(I) Purchaser and Seller entering into a mutually agreeable post-closing construction
license and grading agreement and perpetual maintenance agreement for
Purchaser’s development of the adjacent City of Grand Island Fire Station #4
parcel.
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(J) Seller’s compliance with the requirements of Neb.Rev.Stat. §16-202 providing for
public notice of the proposed conveyance of the Property and completion of
statutory notice without any petitions signed by sufficient number of registered
voters objecting to the sale of the Property at the date of Closing.
The Contingencies enumerated at (A) through (I) above are for Purchaser’s benefit only,
and the non-occurrence of a state of facts sufficient to satisfy any of the Contingencies above may
not be used or pleaded by Seller as a defense to the enforceability of this Agreement. The
Contingency enumerated at (J) is for the Purchaser’s and Seller’s benefit.
4. FAILURE OF CONTINGENCIES: The expiration of the contingencies listed in
Section 3 shall be One Hundred Fifty (150) days after last execution of this Agreement or in the
event the One Hundred Fiftieth (150th) day falls on a weekend or holiday the next business day
thereafter (the “Contingency Period”). In the event any of the contingencies and conditions have
not been met or in Purchaser’s or Seller’s opinion will not be met by the expiration of the
Contingency Period or extensions thereof, Purchaser and Seller shall have the right and option to
waive any contingency or condition, or Purchaser or Seller may declare this Agreement terminated
and have the Earnest Money paid by Purchaser, along with any accrued interest, returned to
Purchaser forthwith. If Purchaser or Seller exercises its option to declare this Agreement
terminated or if this Agreement otherwise becomes terminated, Purchaser and Seller shall have no
further obligation or liability under this Agreement. In addition, Seller and Purchaser shall each
be solely responsible for and shall hold the other harmless for any expenses, costs, damages,
claims, lawsuits and judgments incurred by each of them respectively as a result of this Agreement.
Alternatively, in the event any of the contingencies have not been satisfied or waived by
Purchaser and Seller as of the scheduled expiration of the Contingency Period, Purchaser shall
have the right to extend the Contingency Period and Closing Date for two (2) thirty (30) day
periods upon notice to the other party of its intent to so extend no later than the then expiration of
the Contingency Period.
5. DUE DILIGENCE: Within fourteen (14) days following the date of last execution
of this Agreement, Seller shall deliver to Purchaser true, correct and complete copies of the items
concerning the Property listed below, to the extent they exist and are in Seller’s possession (the
“Due Diligence Items”):
(A) Any prior title evidence, such as a current abstract or title policy.
(B) The most recent survey of the Property in Seller’s possession.
(C) The written results, if any of environmental site assessments, engineering reports, soil
boring test samples or other inspections done at or on the Property including testing
and certification results from any on-site grading activities completed to date.
(D) All permits issued by governmental authorities for the Property.
(E) Copies of all crop or billboard leases, if applicable.
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4
(F) Copies of utility bills for the most recent 12 months for the Property.
(G) Copies of all current maintenance service agreements, if any, relating to the Property.
(H) All warranties covering the Property and its improvements.
6. SELLER'S WARRANTIES: Seller states, warrants, guarantees and represents as
follows:
(A) Subject to the requirements of Neb.Rev.Stat. §16-202 providing for public notice
of the proposed conveyance of the Property and completion of statutory notice
without any petitions signed by sufficient number of registered voters objecting to
the sale of the Property at the date of Closing, Seller has and will have on the
Closing Date good and marketable fee title to the Property, subject only to the
Permitted Encumbrances.
(B) Subject to the requirements of Neb.Rev.Stat. §16-202 providing for public notice
of the proposed conveyance of the Property and completion of statutory notice
without any petitions signed by sufficient number of registered voters objecting to
the sale of the Property at the date of Closing, Seller has and will have on the
Closing Date full right and authority to convey the Property, and in regard thereto
to execute this Agreement and to execute and deliver all documents required of
Seller for the consummation of this Agreement.
(C) The persons signing this Agreement on behalf of Seller are duly authorized to do
so and their signatures bind Seller in accordance with the terms of this Agreement.
(D) The Property shall be free of tenancies and bill boards on the Closing Date other
than the occupancy by the Seller under the Post Closing Occupancy Agreement.
(E) No person, firm, corporation or entity has any option, right of first refusal or similar
right to acquire the Property, or any part thereof, from Seller.
(F) Seller has no knowledge of any condemnation proceedings having been instituted
or threatened against the Property.
(G) That Seller is not a “specially designated national and blocked person” on the most
current list published by the U.S. Treasury Department Office of Foreign Asset
Control; that Seller is not listed in the annex to, and is not otherwise subject to the
provisions of, Executive Order No. 13224 (the “Executive Order”); and that Seller
is not acting on behalf of any Person or entity that is listed in the annex to, or is
otherwise subject to the provisions of the Executive Order.
(H) Seller has received no notice of, nor has Seller any knowledge of, any violations of
any federal, state, county or municipal laws, ordinances, orders, regulations or
requirements affecting the Property.
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(I) Seller is not a foreign person within the meaning of Section 1445 of the Internal
Revenue Code ("IRC"), i.e., Seller is not a nonresident alien, foreign corporation,
foreign partnership, foreign trust or foreign estate (as those terms are defined in the
IRC and Income Tax Regulations).
(J) To the best of Seller's knowledge the Property has not at any time been used as a
waste dump, nor has it been used for the manufacture, treatment, storage or disposal
of hazardous waste, hazardous substances, petroleum, PCBs, pollutants,
contaminants or materials of like import that cause a present or future hazard to the
ground water or other parts of the environment, and that the Property is completely
free of any and all latent and non-apparent hazards and characteristics which would
impair the use of the Property for the Purchaser as contemplated herein, or would
cause the Purchaser any liability to any person or persons, natural or corporate, or
any governmental body.
The representations and warranties contained in this section shall be true and correct on the
Closing Date and shall survive the Closing and continue in full force and effect notwithstanding
the Closing and consummation of the transaction contemplated herein, and the obligation of the
Purchaser to close this transaction is expressly conditioned upon said representations.
7. SURVEYS: Purchaser, at Purchaser’s sole cost and expense, shall obtain its own
boundary and topographic survey (the “Survey”).
8. COMPLIANCE WITH MUNICIPAL OR STATE REGULATIONS: All
violations of law, ordinances or orders of state, county and municipal agencies affecting the
Property at the date hereof shall be cured by Seller before the Closing Date, and all notices and
warnings of such violation shall be complied with by Seller before that time, and the Property shall
be conveyed free of all such notices and warnings. Seller hereby authorizes Purchaser to make
and/or have made searches for such violations.
9. PURCHASE PRICE: Purchaser shall give to Seller as consideration for the
Property the generator servicing Fire Station #4 on the adjacent property (the “Purchase Price”).
Seller shall be solely responsible for the removal and transportation of the generator from the
Purchaser’s property.
10. REAL ESTATE TAXES, ASSESSMENTS AND TRANSFER FEES: Seller
hereby warrants that there are no real and personal property taxes associated with the Property, as
it is owned by a public entity. Seller shall indemnify Purchaser for any taxes or assessments levied
against the Property prior to the Closing Date. Purchaser shall be responsible for paying all taxes
levied on the Property on the Closing Date and for future dates.
Seller shall be responsible for payments arising from recapture agreements or fees against
the Property existing on the Closing Date whether or not arising from Purchaser’s development of
the Property.
Purchaser shall pay all state, county, and city transfer taxes, deed taxes, rezoning fees,
annexation fees, park fees, impact fees, green acres tax, recaptures and/or deed stamps due any
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governmental agency resulting from the transfer of the Property by Seller to Purchaser or change
in zoning or use.
11. EVIDENCE OF TITLE: Purchaser shall obtain a commitment for title insurance,
including copies of all Schedule B documents, with extended coverage in the amount of the
Purchase Price set out herein, naming the Purchaser as the insured, as its interest may appear (the
“Commitment”), written by Grand Island Abstract, Escrow & Title Co., 704 W. 3rd Street, Grand
Island, NE 68801 (the “Title Company”).
Within seven (7) days of approval of this Agreement by Seller’s City Council Seller will
deliver to Purchaser any prior title evidence it may have, such as a current abstract or title policy,
to expedite further examination of title. Purchaser shall after receipt of the last to arrive of the
Commitment, the Survey, and legible copies of all Schedule B documents provide to Seller copies
of the Commitment, Survey and all Schedule B documents and shall advise Seller in writing of
any objections it has to the state of title to the Property shown in the Survey or Commitment. Seller
shall have sixty (60) days from the date of Purchaser's notice of such objections to make a good
faith effort to cure such objections and to furnish a later report showing the objections cured or
removed. If such objections cannot be cured within sixty (60) days after the date of Purchaser’s
notice of such objection, Purchaser may; (i) declare this Agreement null and void, and neither party
shall have any further obligation or liability under this agreement, (ii) at its election, take the title
as it then is (with a right to deduct from the Purchase Price for liens or encumbrances of a definite
or ascertainable amount), (iii) maintain its objections to the items uncured and extend Seller’s time
to cure; or (iv) attempt to cure itself. Purchaser retains the right to update title, object to any new
items and have the same remedies mentioned above through the Closing Date.
On the Closing Date, when title is transferred to Purchaser, Seller shall cause to be
delivered to Purchaser an owner’s policy with extended coverage containing a Gap Endorsement,
a Survey Endorsement, an Access Endorsement, a Same Land Endorsement, a Restriction,
Encroachment, Mineral Endorsement, Contiguity Endorsement, and a PIN Endorsement,
guaranteeing Seller's title to be in the condition required by this Agreement. All costs relating to
the issuance of the title policy, including, but not limited to, title search and examination fees,
policy premiums and the cost for any required endorsements shall be paid for by Purchaser.
12. POSSESSION: Subject to the Post Closing Occupancy Agreement by and
between the Seller and Purchaser with respect to Lot 1 State Subdivision, the terms of which shall
apply with equal force and effect with respect to the Property, legal possession of the Property
shall be delivered to Purchaser on the Closing Date, except as herein provided. On the Closing
Date the Property shall be free of trash, debris and refuse free. Purchaser or its agent shall be
permitted upon the Property prior to Closing for soil testing, environmental and/or inspections,
surveying or other investigations or functions relating to its purchase of the Property. Purchaser
agrees to indemnify and hold Seller harmless from any and all loss, claim, action, demand or
liability which may arise against the Seller or the Property by virtue of any of Purchaser’s actions
pursuant to this Agreement. Notwithstanding the foregoing, Purchaser shall not indemnify or
defend Seller against any loss, claim, action, demand, liability, or expense arising out of, or having
to do with, the results of Purchaser’s inspections, testing or determinations. Upon completion of
Purchaser’s investigations and tests, Purchaser shall restore the Property as reasonably possible to
the same condition as it existed before Purchaser’s entry upon the Property.
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13. CLOSINGS: Unless otherwise agreed to by the parties, this transaction shall be
closed at the offices of the Title Company insuring the Property. The “Closing” of the transaction
contemplated hereby shall be held on the expiration of the Contingency Period (“Closing Date”).
Closing may be held prior to such time upon mutual agreement of the parties. Closing costs and
escrow fees, if any, charged by the Title Company to close the transaction, shall be paid by the
purchaser.
Seller acknowledges that Purchaser may be providing funds by way of a cashier’s check,
and that the Title Company may require said check to clear its bank in order for the funds to
become available for disbursement. In the event an extension is warranted for delays in Closing or
disbursement caused by Title Company, the Closing Date will be automatically extended without
having to amend this Agreement, said extension to be one business day after said delay in Closing
or disbursement caused by the Title Company has been resolved. Possession of the Property shall
be delivered simultaneously with the disbursement of Seller’s net proceeds.
At Closing, Seller shall deliver or cause to be delivered to Purchaser each of the following
items:
(A) A Warranty Deed, in recordable form, duly executed and acknowledged by Seller,
conveying title to the Property to Purchaser, free and clear of all liens, taxes,
restrictions, tenancies, occupancies and encumbrances of every kind and
description except:
1) Permitted Encumbrances specified in Section 2 herein;
2) General real estate taxes and assessments which are a lien but which are not
due and payable on the Closing Date, and special assessments caused by
Purchaser's activities or improvements;
(B) The title policy in the form specified in Section 11 herein;
(C) Such evidence or documents as may be reasonably required by the Purchaser or the
Title Company evidencing the status and capacity of Seller and the authority of the
person or persons who are executing the various documents on behalf of Seller in
connection with the sale of the Property;
(D) A certification in a form to be provided or approved by the Purchaser, signed by
Seller under penalties of perjury, containing the following:
1) Seller's U.S. Taxpayer Identification Number;
2) The home address of Seller (or the business address of Seller if Seller is not
an individual); and,
3) A statement that Seller is not a foreign person within the meaning of Section
1445 of the IRC i.e., Seller is not a nonresident alien, foreign corporation,
foreign partnership, foreign trust or foreign estate (as those terms are
defined in the IRC and Income Tax Regulations).
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(E) An affidavit of title warranting that no outstanding mechanic's lien rights exist, that
the Property is not subject to any unrecorded interest or encumbrances, adverse
claims, possession or occupancies and is not subject to any leases, oral or written,
and that all assessments, utility charges and taxes have been paid to the Closing
Date.
(F) Closing Prorations:
(i) All adjustments shall be made as of midnight of the day prior to the Closing
Date and shall be in accordance with the customs in respect of title closing
recommended by the Title Company;
(G) Post-closing construction license and grading easement and perpetual maintenance
agreement.
(H) Copies of all utility bills for the Property.
(I) All additional documents and instruments as in the reasonable opinion of the
Purchaser’s counsel or the Title Company are necessary to the proper
consummation of this transaction.
Unless explicitly stated in this Agreement to the contrary, Seller shall be responsible for
all costs related to the production and delivery of the required closing documents. Seller and
Purchaser shall exchange draft copies of all proposed closing documents at least five (5) business
days prior to the scheduled Closing Date. If such documents are not received in a timely manner
either party may extend the Closing Date accordingly. Purchaser’s obligation to close on the
transaction contemplated herein is contingent on the Purchaser closing simultaneously on the
adjacent City of Grand Island Fire Station #4 parcel. Purchaser may extend the Closing for any
delays in the closing of the City of Grand Island Fire Station #4 parcel so that both transactions
close simultaneously. There shall be no material changes to the Property for any period of time
Purchaser extends the Closing for a delay in simultaneous closings. Purchaser may terminate this
Agreement if there is a failure to close simultaneously on the City of Grand Island Fire Station #4
parcel.
14. REAL ESTATE BROKERS AND BROKERAGE COMMISSION: Seller and
Purchaser each hereby represent and warrant to the other that this Purchase and Sale Agreement is
made and entered into as a result of direct negotiations between parties hereto without the aid or
assistance in any fashion of any broker or other agent and each of the parties hereby represents and
warrants to the other that they have entered into no agreement or made any undertaking of any
kind or character whatsoever as a result of which any claim could properly be brought against the
other for any commission, finder’s fee or other form of compensation of a similar character as a
result of this transaction. Each party hereby agrees to indemnify and hold the other harmless as a
result of any misrepresentation or breach of the warranty contained in this section.
15. SURVIVAL OF COVENANTS: Any representation, warranty, covenant or
agreement herein of either party to this Agreement whether to be performed before or after the
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9
Closing Date shall not be deemed to be merged into or waived by the instruments of closing, but
shall expressly survive the Closing and shall be binding upon the party obligated thereby.
16. PARTIAL INVALIDITY: If any provisions or portions of this Agreement, or the
application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable,
the remainder of this Agreement or the application of such provision, or portion thereof, to any
other persons or circumstances shall be valid and enforceable to the fullest extent permitted by
law.
17. NOTICE: Any notice, demand, request or other communication which may or
shall be given or served by Seller to or on the Purchaser, or by the Purchaser to or on Seller, shall
be deemed to have been given or served on the date the same is deposited in the United States
Mail, standard, registered or certified, return receipt requested, postage prepaid, sent by electronic
transmission or given to a nationally recognized overnight courier service for next business day
delivery and addressed as follows:
If to Seller: City of Grand Island
Attn: Mayor
100 East First Street
P.O. Box 1968
Grand Island, NE 68802
Phone: (308) 385-5444
If to the Purchaser: Menard, Inc.
Attn: Properties Division
5101 Menard Drive
Eau Claire, WI 54703
Phone: (715) 876-2532
Fax: (715) 876-5998
Email: properties@menard-inc.com
The above addresses may be changed at any time by the parties by notice given in the
manner provided above.
Seller and Purchaser agree that electronically reproduced signatures such as by facsimile
transmission or email are valid for execution or amendment of this Agreement and that electronic
transmission/facsimile is an authorized form of notice as that term is used in this Agreement.
18. AGREEMENT BINDING: This Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, personal representatives, successors and
assigns. This Agreement may be executed in two or more counterparts, each of which shall be
deemed to be an original, and all of which together shall constitute one and the same instrument.
19. CHOICE OF LAWS AND SUBMISSION TO JURISDICTION: This
Agreement shall be deemed to have been made in Hall County, Nebraska, and shall be construed
in accordance with the laws of the State of Nebraska. All actions or proceedings relating, directly
or indirectly, to this Agreement, whether sounding in contract or tort, shall be litigated in a court
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10
of competent jurisdiction for Hall County, Nebraska. All parties to this Agreement hereby subject
themselves to the jurisdiction of the District Court of Hall County Nebraska.
20. HEADINGS: The section titles are for convenience only and do not define, limit
or construe the contents of such paragraphs.
21. DATE: This Agreement shall be dated and effective and binding as of the date of
the last execution.
22. CONSTRUCTION: Both parties have contributed to the drafting of this
Agreement. In the event of a controversy, dispute or contest over the meaning, interpretation,
validity or enforceability of this Agreement or any of its terms or conditions, there shall be no
inference, presumption or conclusion drawn whatsoever against either party by virtue of that party
having drafted this Agreement or any portion thereof.
23. TAX-DEFERRED EXCHANGE: Seller acknowledges that Purchaser may elect
to receive the Property in connection with the completion of a tax-deferred exchange under Section
1031 of the Internal Revenue Code of 1986. Seller hereby agrees to take such steps as Purchaser
may reasonably require, at no cost to Seller, in order to complete the tax-deferred exchange.
Therefore, to the extent possible, the provisions of this section shall be interpreted consistently
with this intent.
Purchaser may, on or before the Closing Date, assign its rights under this Agreement to a
“qualified intermediary”, as defined in Treasury Regulation 1.1031(i)-1(g)(4) (the
“Accommodator”). Each party agrees to cooperate with the other party and the Accommodator in
arranging the exchange. Each party shall execute any and all documents reasonably requested by
the other party and the Accommodator to facilitate the exchange as a tax-deferred exchange under
Section 1031 of the Code and the Treasury Regulations effective thereunder at the time of the
Closing including but not limited to any appropriate amendments to this Agreement and any
appropriate escrow instructions; provided, however, that no such document shall adversely affect
a party in any respect or change any of the economic terms and conditions of the transaction with
respect to Purchaser.
Seller acknowledges that Seller is not relying on any representations of Purchaser or
Purchaser’s counsel with respect to the federal, state or local income tax treatment of Seller in
connection with this transaction. The obligations of the parties under this section shall survive the
Closing and the delivery of the deed.
24. EMINENT DOMAIN: If prior to the Closing Date, Seller acquires knowledge of
any pending or threatened action, suit or proceeding to condemn or take all or any part of the
property under the power of eminent domain, then Seller shall immediately give notice thereof to
Purchaser. Upon receipt of such notice Purchaser, at Purchaser’s option shall have the right to:
(A) Terminate this Agreement as to the Property subject to the action or proceeding,
whereupon the Purchase Price shall be reduced accordingly; or
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11
(B) Terminate this Agreement as to the entire Property, whereupon all parties shall be
relieved of all further liability hereunder.
If Purchaser does not exercise its right to terminate then Purchaser shall be entitled to all
of the condemnation proceeds which would have been due Seller, and the parties shall proceed
with the Closing otherwise in accordance with, and subject to, the terms hereof.
25. CASUALTY: If prior to the Closing Date the Property or any portion thereof, shall
be damaged or destroyed by reason of fire, storm, accident or other casualty, then Seller shall
immediately give notice thereof to Purchaser. Upon receipt of such notice Purchaser, at
Purchaser’s option, shall have the right to:
(A) Terminate this Agreement as to such portion of the Property damaged by the
casualty, whereupon the Purchase Price shall be reduced accordingly; or
(B) Terminate as to the entire Property, whereupon all parties shall be relieved of all
further liability hereunder.
If Purchaser does not exercise its right to terminate then Purchaser shall be entitled to all
of the insurance proceeds which would have been due Seller and Seller will credit Purchase at
Closing with an amount equal to the deductible under the applicable insurance policy and any
amounts reasonably determined by Purchaser to constitute the difference between the amount of
the insurance proceeds, and deductible, and the cost of reconstruction.
26. OPERATION OF THE PREMISES: During the period between the date hereof
and the Closing Date, Seller shall:
(A) Comply with the material terms, conditions, and provisions of all liens, leases,
mortgages, agreements, insurance policies and other contractual arrangements
relating to the Property, make all payments due thereunder and suffer no default
therein;
(B) Without written approval of Purchaser, neither negotiate nor enter into any new
contract nor modify any existing contract affecting the use or operation of the
Property which cannot be terminated without charge, cost, penalty or premium on
or before the Closing Date;
(C) Operate, manage and maintain the Property in the usual and customary manner for
a municipal fire station;
(D) Not, without Purchaser’s prior written consent, enter into, amend or terminate any
lease, nor institute any proceeding at law or in equity to enforce any lease;
(E) Not return to any tenants, directly or indirectly, any security deposits except as
required by lease, upon the termination of occupancy; and
(F) Not market the Property to third parties
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12
27. COUNTERPARTS; MODIFICATION: This Agreement may be executed in two
or more counterparts, each of which shall be deemed to be an original, and all of which together
shall constitute one and the same instrument. The electronic transmission of any signed original
counterpart of this Agreement shall be deemed to be the delivery of an original counterpart of this
Agreement. This Agreement cannot be changed orally, and no executory agreement shall be
effective to waive, change, modify or discharge it in whole or in part unless such executory
agreement is in writing and is signed by the parties against whom enforcement of any waiver,
change, modification or discharge is sought. To aid in the execution of amendments to this
Agreement (but not any closing documents), the parties hereby each authorize and empower its
attorney employed by such law firm or corporation to execute and deliver any amendments to this
Agreement on their respective behalf and (when so executed by their attorney) the amendment
shall be binding upon and enforceable against the party represented. Notwithstanding the
foregoing, either party may insist upon the execution (or re-execution) of any amendment by the
other party itself (and not its attorney) and each party agrees to accommodate such a request.
28. ENTIRE AGREEMENT: This Agreement, including the exhibits hereto,
constitutes the entire agreement among the parties pertaining to the subject matter hereof and
supersedes all prior and contemporaneous agreements and understandings of the parties in
connection therewith. No covenant, representation, or condition not expressed in this Agreement
shall be binding upon the parties hereto or shall affect or be effective to interpret, change, or restrict
the provisions of this Agreement.
[Signature to Appear on Following Page(s)]
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13
IN WITNESS WHEREOF, the parties hereto have executed this instrument.
EXECUTED ON: SELLER: CITY OF GRAND ISLAND
This ____day of _________, 2019 By:___________________________
Jeremy L. Jensen
Mayor
EXECUTED ON: PURCHASER: MENARD, INC.
This ____day of ________ , 2019 by:___________________________
Theron J. Berg
Real Estate Manager
THIS INSTRUMENT DRAFTED BY:
Pat Wewel
Corporate Counsel
5101 Menard Drive
Eau Claire, WI 54703
Phone: (715) 876-2164
Fax: (715) 876-5998
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14
Exhibit A
Property
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Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
ORDINANCE NO. 9733
An ordinance approving a Purchase - Sale Agreement for the conveyance of
property between the City of Grand Island (“City”) and Menard, Inc., a Wisconsin corporation
(“Purchaser”); providing for the giving of notice of such conveyance and the terms thereof;
providing for the right to file a remonstrance against such conveyance; and providing 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. The Purchase - Sale Agreement between City and Purchaser is
hereby approved and authorized with respect to City’s conveyance to Purchaser the following
described real estate abutting the southeast corner of Lot 1 State Subdivision (Fire Station No.4)
located at 3690 West State Street, Grand Island, to wit:
A parcel of ground in the Southeast Quarter of Section 12 North, Range 10 West
of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, being
described as follows: Referring to the northwest corner of the Southeast Quarter
of said Section 12; thence N8855'09"E (assumed bearing) on the north line of
said Southeast Quarter, a distance of 200.00 feet to the west line of Lot 1, Menard
Sixth Subdivision, as platted in the City of Grand Island; thence S0140'02"E on
said west line, a distance of 18.15 feet to the point of beginning; thence
S4634'44"E on said west line, a distance of 59.96 feet to the southwest corner of
said Lot 1; thence S8909'39"W, a distance of 42.34 feet to the southeast corner
of Lot 1, State Subdivision, as platted in said City of Grand Island; thence
N0140'02'W on the east line of said Lot 1, a distance of
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ORDINANCE NO. 9733 (Cont.)
2
41.85 feet to the point of beginning, containing 0.02 acres, more or less.
SECTION 2. In consideration for such conveyance the Purchaser shall convey to
City the electric power generator servicing Fire Station #4 on the adjacent property. Conveyance
of the real estate above described shall be by warranty deed pursuant to the terms and conditions
of the Purchase - Sale Agreement between City and Purchaser.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance petition against such conveyance is signed by registered voters of the City of
Grand Island equal in number to thirty percent of the registered voters of the City of Grand
Island voting at the last regular city election held in such City be filed with the City Council
within thirty days of passage and publication of such ordinance, said property shall not then, nor
within one year thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed and
confirmed; and if no remonstrance be filed against such conveyance, the Mayor may make,
execute and deliver to Menard, Inc., a warranty deed for said real estate, and the execution of
such deed is hereby authorized without further action on behalf of the City Council.
SECTION 6. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
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ORDINANCE NO. 9733 (Cont.)
3
SECTION 7. This ordinance shall be in force and take effect from and after its
passage and publication in one issue of the Grand Island Independent as provided by law.
Enacted: May 14, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-1
Approving Minutes of April 23, 2019 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 23, 2019
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 April 23, 2019. Notice of the meeting was given in The Grand Island Independent on
April 17, 2019.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Michelle Fitzke, Jeremy Jones, Mark Stelk, Jason Conley,
Vaughn Minton, Clay Schutz, Julie Hehnke, and Mitch Nickerson. Councilmember Chuck Haase
was absent. The following City Officials were present: City Clerk RaNae Edwards, Finance
Director Patrick Brown, City Attorney Jerry Janulewicz, and Public Works Director John
Collins.
INVOCATION was given by Pastor Scott Jones, Third City Christian Church, 4100 West 13th
Street followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARINGS:
Public Hearing on Request from Spirit in the Sky, LLC dba 40 North Tap & Grille, 520 West 3rd
Street for a Class “IK” Liquor License. City Clerk RaNae Edwards reported that an application
for a Class “IK” Liquor License had been received from Spirit in the Sky, LLC dba 40 North Tap
& Grille, 520 West 3rd Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on March 29,
2019; notice to the general public of date, time, and place of hearing published on April 13,
2019; notice to the applicant of date, time, and place of hearing mailed on March 29, 2019; along
with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections.
Jay Vavricek, 2729 Brentwood Blvd. spoke in support. No further public testimony was heard.
Public Hearing on Request to Rezone Property located South of Wildwood Drive and East of US
Highway 281 from TA – Transitional Agriculture to B2 – General Business (GIAEDC Station
31, LLC). Regional Planning Director Chad Nabity reported that Station 31, LLC had submitted
a plat that combined the Lewis Greenscape property with the house and the farm ground into a
single lot for development. Staff recommended approval. No public testimony was heard.
Public Hearing on Request to Rezone Property located North of the Wood River between
Ponderosa Drive and US Highway 281 from RD – Residential Development to RO – Residential
Office (Prataria Ventures, LLC). Regional Planning Director Chad Nabity reported that Prataria
Ventures, LLC had submitted a final plat for this property that would incorporate Outlot C1 into
a single lot with the other Prataria property. Staff recommended approval. No public testimony
was heard.
Public Hearing on Amendment to the Redevelopment Plan for CRA No. 1 located at 221-223
West Third Street – Greenburgers Building (Wald Properties, LLC). Regional Planning Director
Chad Nabity reported that Wald 12 Properties, LLC had submitted an application for tax
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Page 2, City Council Regular Meeting, April 23, 2019
increment financing to aid in the redevelopment of property on the 221-223 West 3rd Street the
Greenburgers Building. The proposal would redevelop commercial space in the basement, main
floor and rooftop with five one bedroom apartments on the second floor. Staff recommended
approval. Amos Anson, 4234 Arizona Avenue and Tommy Wald, 461 Sandlewood Drive spoke
in support. No further public testimony was heard.
Public Hearing on Request from Stephen & Deborah Spaulding for an Extension of a
Conditional Use Permit to Allow for Construction of a House while living in the Existing
Double-wide Trailer located at 3204 So. Shady Bend Road. Building Department Director Craig
Lewis reported that Stephen and Deborah Spaulding had submitted an application to extend their
current Conditional Use Permit to June 1, 2019 as construction had taken more time than
originally anticipated. Staff recommended an expiration date for the new conditional use permit
appears reasonable for August 15, 2019 or within 90 days after a certificate of occupancy is
issued for the new dwelling. Stephen Spaulding, 3204 South Shady Bend Road spoke in support.
No further public testimony was heard.
ORDINANCES:
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9726 - Consideration of Approving Request to Rezone Property located South of
Wildwood Drive and East of US Highway 281 from TA – Transitional Agriculture to B2
– General Business (GIAEDC Station 31, LLC)
#9727 - Consideration of Approving Request to Rezone Property located North of the
Wood River between Ponderosa Drive and US Highway 281 from RD – Residential
Development to RO – Residential Office (Prataria Ventures, LLC)
#9731 - Consideration of Vacating a Portion of James Road within Ponderosa Lake
Estates Fourth Subdivision
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Hehnke seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9726 - Consideration of Approving Request to Rezone Property located South of
Wildwood Drive and East of US Highway 281 from TA – Transitional Agriculture to B2
– General Business (GIAEDC Station 31, LLC)
This item related to the aforementioned Public Hearing.
Motion by Minton, second by Fitzke to approve Ordinance #9726.
City Clerk: Ordinance #9726 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 149 / 318
Page 3, City Council Regular Meeting, April 23, 2019
City Clerk: Ordinance #9726 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9726 is declared to be lawfully adopted upon publication as required by
law.
#9727 - Consideration of Approving Request to Rezone Property located North of the
Wood River between Ponderosa Drive and US Highway 281 from RD – Residential
Development to RO – Residential Office (Prataria Ventures, LLC)
This item related to the aforementioned Public Hearing.
Motion by Schutz, second by Hehnke to approve Ordinance #9727.
City Clerk: Ordinance #9727 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9727 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9727 is declared to be lawfully adopted upon publication as required by
law.
#9731 - Consideration of Vacating a Portion of James Road within Ponderosa Lake
Estates Fourth Subdivision
Public Works Director John Collins reported that construction of the Grand Island Regional
Hospital was currently underway with expected completion in the Fall of 2019. The requested
vacation of a portion of James Road would allow for further development of the hospital site.
Staff recommended approval
Motion by Stelk, second by Nickerson to approve Ordinance #9731.
City Clerk: Ordinance #9731 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9731 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9731 is declared to be lawfully adopted upon publication as required by
law.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 150 / 318
Page 4, City Council Regular Meeting, April 23, 2019
#9728 - Consideration of Approving Annexation of Property Located East of U.S.
Highway 281 and South of Wildwood Drive (Lewis Greenscape) (First Reading)
Regional Planning Director Chad Nabity reported that Station 31, LLC, owner of the property
had petitioned the City of Grand Island to consider annexation of this property. Staff
recommended approval.
Motion by Stelk, second by Fitzke to approve Ordinance #9728 on first reading.
City Clerk: Ordinance #9728 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
#9729 - Consideration of Approving Annexation of Property Located West of North
Road and South of 13th Street (Ray Stander) (First Reading)
Regional Planning Director Chad Nabity reported that Ray Stander, owner of the property had
petitioned the City of Grand Island to consider annexation of this property. Staff recommended
approval.
Motion by Minton, second by Paulick to approve Ordinance #9729 on first reading.
City Clerk: Ordinance #9729 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
#9730 - Consideration of Approving Annexation of Property Located between U.S.
Highway 281 and Old Nebraska Highway 2, West of Eagle Scout Park (City of Grand
Island) (First Reading)
Regional Planning Director Chad Nabity reported that the City of Grand Island, owner of
property had petitioned the City of Grand Island to consider annexation of this property. Staff
recommended approval.
Motion by Hehnke, second by Paulick to approve Ordinance #9730 on first reading.
City Clerk: Ordinance #9730 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
CONSENT AGENDA: Consent Agenda item G-12 (Resolution #2019-145) was pulled for
further discussion. Motion by Paulick, second by Fitzke to approve the Consent Agenda
excluding item G-12. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of April 9, 2019 City Council Regular Meeting.
Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West
2nd Street and Express Pawn, 645 South Locust Street.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 151 / 318
Page 5, City Council Regular Meeting, April 23, 2019
#2019-136 - Approving Request from Spirit in the Sky, LLC dba 40 North Tap & Grille, 520
West 3rd Street for a Class “IK” Liquor License and Liquor Manager Designation for Joseph
Vavricek, 2729 Brentwood Blvd.
#2019-137 - Approving Interlocal Agreement with Hall County for Ambulance Service.
#2019-138 - Approving Final Plat and Subdivision Agreement for Lewis Acres Subdivision. It
was noted that Station 31, LLC, owner, had submitted the Final Plat and Subdivision Agreement
for Lewis Acres Subdivision located east of U.S. Highway 281 and south of Wildwood Drive for
the purpose of creating 1 lot on 33.314 acres.
#2019-139 - Approving Final Plat and Subdivision Agreement for Ponderosa Village Second
Subdivision. It was noted that Prataria Ventures, LLC, owners, had submitted the Final Plat and
Subdivision Agreement for Ponderosa Village Second Subdivision located west of U.S. Highway
281 south of Ray Road and north of the Wood River for the purpose of creating 3 lots on 15.205
acres.
#2019-140 - Approving Bid Award for Burdick Generating Station Cooling Tower Demolition
with Hayden Wrecking Corporation of Washington Park, Illinois in an Amount of $44,875.00.
#2019-141 - Approving Purchase of Police Fleet Vehicles from Anderson Auto Group of
Lincoln, Nebraska in an Amount of $106,232.00.
#2019-142 - Approving Bid Award for Crushed Rock for 2019 from Dobesh Land Leveling,
LLC of Grand Island, Nebraska and Blessing Construction of Kearney, Nebraska.
#2019-143 - Approving Bid Award for Downtown Sanitary Sewer Rehabilitation - 2019; Project
No. 2019-S-1 with Municipal Pipe Tool Co., LLC of Hudson, Iowa in an Amount of
$634,409.00.
#2019-144 - Approving Request from the YMCA for Permission to Use City Streets, Hike/Bike
Trail, and State Highway for the 2019 Nebraska State Fair Marathons.
#2019-145 - Approving Subordination Request for FAmos Construction. Community
Development Administrator Amber Alvidrez stated a new lien in the amount of $60,000 with
Pinnacle Bank would by law be junior in priority to the City’s lien; however, Pinnacle Bank had
asked the City to subordinate its Deed of Trust to the new Deed of Trust. Staff recommended
approval.
Motion by Paulick, second by Fitzke to approve Resolution #2019-145. Upon roll call vote, all
voted aye. Motion adopted. Councilmember Schutz abstained.
#2019-146 - Approving Pheasants Forever/Nebraska Natural Resources Districts Agreement to
Enroll Areas of Heartland Public Shooting Park in the “Corners For Wildlife” Habitat Program.
#2019-147 - Approving Letter of Support for Essential Air Service (EAS) to the Department of
Transportation (DOT).
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 152 / 318
Page 6, City Council Regular Meeting, April 23, 2019
REQUESTS AND REFERRALS:
Consideration of Approving the Request from Stephen & Deborah Spaulding for an Extension of
a Conditional Use Permit to Allow for Construction of a House while living in the Existing
Double-wide Trailer located at 3204 So. Shady Bend Road. This item was related to the
aforementioned Public Hearing. Staff recommended approval.
Motion by Nickerson, second by Jones to approve. Upon roll call vote, all vote aye. Motion
adopted.
Consideration of Forwarding Blighted and Substandard Area #16 (Veteran’s Home Property and
Surrounding Area) to the Hall County Regional Planning Commission (Community
Redevelopment Authority). Regional Planning Director Chad Nabity reported that the CRA had
submitted this study for the review and consideration of the Grand Island City Council. The
study was approximately 569.09 acres of property in northern Grand Island north of State Street
and east of Webb Road including the all of the Central Nebraska Veterans Home property. Staff
recommended approval.
Motion by Paulick, second by Minton to approve. Upon roll call vote, all voted aye. Motion
adopted.
Consideration of Forwarding Blighted and Substandard Area #29 (South of Wildwood and East
of U.S. Highway 281) to the Hall County Regional Planning Commission (Station 31, LLC).
Regional Planning Director Chad Nabity reported that Station 31, LLC had submitted this study
for the review and consideration of the Grand Island City Council. The study was approximately
33.18 acres of property in southern Grand Island south of Wildwood Drive and east of U.S.
Highway 281 including the former Lewis Greenscape property. Staff recommended approval.
Motion by Minton, second by Fitzke to approve. Upon roll call vote, all voted aye. Motion
adopted.
RESOLUTIONS:
#2019-148 - Consideration of Approving Resignation, Separation Agreement and General
Release of Brent Clark as City Administrator. City Attorney Jerry Janulewicz stated Mayor
Steele and Mr. Clark had agreed that differences had arisen in their respective management
styles and it was their desire to terminate the employment agreement of Mr. Clark with his
resignation and a separation agreement.
Motion by Paulick, second by Hehnke to approve Resolution #2019-148. Upon roll call vote, all
voted aye. Motion adopted.
#2019-149 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 1
located at 221-223 West Third Street – Greenburgers Building (Wald Properties, LLC). This
item was related to the aforementioned Public Hearing. Staff recommended approval.
Motion by Nickerson, second by Minton to approve Resolution #2019-149. Upon roll call vote,
all voted aye. Motion adopted.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 153 / 318
Page 7, City Council Regular Meeting, April 23, 2019
#2019-150 - Consideration of Approving FY 2019-2020 Annual Budget for Fonner Park
Business Improvement District and Setting Date for Board of Equalization. Finance Director
Patrick Brown reported that Fonner Park Business Improvement District had submitted their
2019-2020 budget which provided for special assessments in the amount of $59,388.00. He
requested the Board of Equalization date be set for May 28, 2019. Staff recommended approval.
Mr. Brown answered questions stating this was not a tax but an assessment.
Motion by Minton, second by Paulick to approve Resolution #2019-150. Upon roll call vote, all
voted aye. Motion adopted.
#2019-151 - Consideration of Approving FY 2019-2020 Annual Budget for South Locust
Business Improvement District and Setting Date for Board of Equalization. Finance Director
Patrick Brown reported that South Locust Business Improvement District had submitted their
2019-2020 budget which provided for special assessments in the amount of $139,849.50. He
requested the Board of Equalization date be set for May 28, 2019. Staff recommended approval.
Motion by Paulick, second by Schutz to approve Resolution #2019-151. Upon roll call vote, all
voted aye. Motion adopted.
#2019-152 - Consideration of Approving Additional Budget to Maintain the Veterans Home
Cemetery. This item was pulled from the agenda.
PAYMENT OF CLAIMS:
Motion by Minton, second by Schutz to approve the payment of claims for the period of April
10, 2019 through April 23, 2019 for a total amount of $4,643,645.36. Upon roll call vote, all
voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 7:55 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 154 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-2
Approving Re-Appointment of Brandon Bowley to the Central
District Health Board
Mayor Steele has submitted the re-appointment of Brandon Bowley to the Central District Health Board.
The appointment would become effective immediately upon approval by the City Council and would
expire on December 31, 2021.
Staff Contact: Mayor Roger Steele
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 155 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-3
Approving Appointment of Mike Kneale to the Citizens Advisory
Review Committee Board
Mayor Steele has submitted the appointment of Mike Kneale to the Citizens Advisory Review Committee
to replace Tim White. The appointment would become effective immediately upon approval by the City
Council and would expire on September 30, 2019.
Staff Contact: Mayor Roger Steele
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 156 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-4
Approving Preliminary Plat for Fifth Street Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 157 / 318
Council Agenda Memo
From:Regional Planning Commission
Meeting:May 14, 2019
Subject:Fifth Street Subdivision – Preliminary Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located between Willow Street and Congdon Avenue north of 4th Street
in Grand Island, Nebraska. (20 lots, 3.305 acres). This property is proposed for zoning as
R3-SL Medium Density Small Lot residential. A replat of Lots 11 and 12 and parts of
Lots 13 and 14 of Lambert’s Subdivision in the City Of Grand Island, Hall County,
Nebraska.
Discussion
The final plat for Fifth Street Subdivision was considered by the Regional Planning
Commission at the May 1, 2019 meeting.
A motion was made by Rainforth and second by Allan to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 11 members present and voting in
favor (O’Neill, Nelson, Ruge, Allan, Monter, Maurer, Rubio, Rainforth, Randone, Kjar
and Hedricksen) and no members present voting no.
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
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 158 / 318
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 159 / 318
Developer/Owner
Starostka Group Unlimited, Inc.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 160 / 318
429 Industrial Lane
Grand Island, NE 68803
This property is located between Willow Street and Congdon Avenue north of 4th Street
in Grand Island, Nebraska. (20 lots, 3.305 acres).
Size: 3.305 Acres 20 Lots
Zoning: R3-SL Medium Density Small Lot Residential
Road Access: Congdon Avenue is a 37 foot city street. Willow Street is an existing gravel
street. Fifth Street is proposed as a 32 foot street with parking offset by driveways.
Water Public: City water is available and will be extended to all lots.
Sewer Public: City sewer is available and will be extended to all lots.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 161 / 318
Grand IslandCouncil Session/Budget Work Session - 5/14/2019Page 162 / 318
N60°4
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POB
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
NOTE:
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 163 / 318
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FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 164 / 318
FAX 308.384.8752
TEL 308.384.8750
201 East 2nd Street
Grand Island, NE 68801
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 165 / 318
LOT 1
LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12
LOT 13
LOT 14
LOT 15LOT 16LOT 17
LOT 18
LOT 19
LOT 20
SHEET REVISIONSNO.REV.DATEREVISIONS DESCRIPTIONproject no.:
approved by:
checked by:
drawn by:
drawing no.:
QA/QC by:
date:www.olsson.comTEL 308.384.8750201 East 2nd StreetGrand Island, NE 68801FIFTH STREET SUBDIVISIONGRAND ISLAND, NEBRASKA20191ESTABLISHMENT OF 18' DRIVE PATH100% OF THE TIMELS
BD
019-0772
4.23.2019
1 of
5TH STREET
WILLOW STREETCONGDON AVENUEGrand Island Council Session/Budget Work Session - 5/14/2019 Page 166 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-5
#2019-153 - Approving Final Plat and Subdivision Agreement for
The Orchard Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 167 / 318
Council Agenda Memo
From:Regional Planning Commission
Meeting:May 14, 2019
Subject:Orchard Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located south of Capital Avenue, east of Beal Street, north of intersection
of 12th Street and Lambert Avenue and west of the railroad tracks in Grand Island,
Nebraska. (67 lots, 23.861 acres). This property is zoned R3-SL Medium Density Small
Lot Residential Zone.
Discussion
The final plat for Orchard Subdivision was considered by the Regional Planning
Commission at the May 1, 2019 meeting.
A motion was made by Rainforth and second by Allan to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 11 members present and voting in
favor (O’Neill, Nelson, Ruge, Allan, Monter, Maurer, Rubio, Rainforth, Randone, Kjar
and Hedricksen) and no members present voting no.
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
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 168 / 318
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 169 / 318
Developer/Owner
The Orchard LLC
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 170 / 318
5631 S. 48th
Lincoln, NE 68516
To create 65 lots and 2 outlots south of Capital Avenue, north of 12th Street and west of the
Central Nebraska Rail Road.
Size: 23.861 Acres 67 Lots
Zoning: R3-SL – Medium Density Small Lot Residential Zone
Road Access: 19th Street, 15th Street and 14th Street will all be constructed as 37 foot concrete
curb and gutter streets. Peach Street will be 32’ with parking offset by driveways as shown and
approved with the preliminary plat.
Water Public: City water is available and will be extended to all lots.
Sewer Public: City sewer is available and will be extended to all lots.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 171 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 172 / 318
APPROVALSSUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRANDISLAND AND WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. CHAIRMANDATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKATHIS DAY OF , 20 . MAYOR CITY CLERK(SEAL)1 of 5DEDICATIONKNOW ALL MEN BY THESE PRESENTS, THAT WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC, WILLIAMP. & JULANN K. ZILLER, AND ROGER STEELE, CITY OF GRAND ISLAND MAYOR, BEING THE OWNERS OFTHE LAND DESCRIBED HEREON, HAS CAUSED SOME TO BE SURVEYED, SUBDIVIDED, PLATTED ANDDESIGNATED AS "THE ORCHARD SUBDIVISION", IN THE CITY OF GRAND ISLAND, HALL COUNTYNEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF, AND DO HEREBY DEDICATE THESTREETS AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER, AND THE EASEMENTS ASSHOWN THEREON FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC SERVICEUTILITIES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS THERE TO, AND HEREBY PROHIBITINGTHE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER,ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOINGSUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THEPLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THEUNDERSIGNED OWNER AND PROPRIETOR.IN WITNESS WHEREOF, WE HAVE AFFIXED OUR SIGNATURES HERETO, AT GRAND ISLAND, NEBRASKA,THE DAY OF , 2019. WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC WILLIAM P. ZILLER (HUSBAND) JULIANN K. ZILLER (WIFE) ROGER STEELE, CITY OF GRAND ISLAND MAYORTHE ORCHARD SUBDIVISIONCITY OF GRAND ISLAND, HALL COUNTY, NEBRASKASURVEYOR'S CERTIFICATEI HEREBY CERTIFY THAT ON MARCH 5, 20019, I COMPLETED AN ACCURATE SURVEY (MADE UNDER MYSUPERVISION) OF "THE ORCHARD SUBDIVISION", IN THE CITY OF GRAND ISLAND, HALL COUNTY,NEBRASKA AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT THE LOTS, BLOCKS, STREETS,AVENUES, ALLEYS, PARKS, COMMONS AND OTHER GROUNDS AS CONTAINED IN SAID SUBDIVISION ASSHOWN ON THE ACCOMPANYING PLAT THEREOF, ARE WELL AND ACCURATELY STAKED OFF ANDMARKED; THAT IRON MARKERS WERE PLACED AT ALL CORNERS AS SHOWN ON THE PLAT; THAT EACHLOT BEARS ITS OWN NUMBER; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN ANDRECORDED MONUMENTS. JAYME M. MALONE, L.S. 440 DATEFINAL PLATLEGAL DESCRIPTIONLOT 1, LINCOLN HEIGHTS SUBDIVISION, PART OF LOT 8, NORWOOD SUBDIVISION, PART OF LOTS 2, 3, 4,AND 5, NORWOOD SUBDIVISION, PART OF THE EAST HALF OF THE NORTHWEST QUARTER LYINGWESTERLY FROM THE UNION PACIFIC RAILROAD RIGHT-OF-WAY. ALL LOCATED IN THE NORTHWESTQUARTER OF SECTION 10, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITYOF GRAND ISLAND, HALL COUNTY, NEBRASKA AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:REFERRING TO THE CENTER OF SAID SECTION 10, A 3" IRON PIPE FOUND FOR CORNER; THENCEWESTERLY ON AN ASSUMED BEARING OF SOUTH 89°40'03" WEST, ON THE SOUTH LINE OF THENORTHWEST QUARTER OF SECTION 10, 795.96 FEET, TO THE SOUTHEAST CORNER OF LOT 1, LINCOLNHEIGHTS SUBDIVISION, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE FOLLOWING THESOUTHERLY LINE OF LINCOLN HEIGHTS SUBDIVISION ON THE FOLLOWING BEARINGS AND DISTANCES:SOUTH 89°40'03" WEST, 403.60 FEET; THENCE NORTH 28°59'12" WEST, 45.21 FEET; THENCE SOUTH89°40'51" WEST, 136.00 FEET, TO THE SOUTHWEST CORNER OF LOT 1, LINCOLN HEIGHTS SUBDIVISION;THENCE FOLLOWING THE WESTERLY LINE OF LINCOLN HEIGHTS SUBDIVISION ON THE FOLLOWINGBEARINGS AND DISTANCES: NORTH 00°48'38" WEST, 619.72 FEET; THENCE NORTH 89°40'21" EAST,48.29 FEET; THENCE NORTH 00°37'11" WEST, 59.97 FEET; THENCE SOUTH 89°42'12" WEST, 35.00 FEET;THENCE NORTHERLY NORTH 00°34'59" WEST, 574.66 FEET; THENCE NORTH 89°40'45" EAST, 35.04 FEET;THENCE NORTH 00°37'01" WEST, 199.80 FEET; THENCE SOUTH 89°40'32" WEST, 75.00 FEET; THENCENORTH 00°35'50" WEST, 575.26 FEET; THENCE NORTH 89°39'52" EAST, 479.05 FEET, TO A POINT OFINTERSECTION ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCESOUTH 03°39'59" EAST, ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD,2072.64 FEET, TO THE TRUE POINT OF BEGINNING.CONTAINING A TOTAL CALCULATED AREA OF 1,039,394 SQUARE FEET, OR 23.861 ACRES, MORE OR LESS.ACKNOWLEDEGEMENTSTATE OF NEBRASKA) ) SSCOUNTY OF HALL)ON THE DAY OF , 20_, BEFORE ME, A NOTARY PUBLIC WITHIN AND FORSAID COUNTY, PERSONALLY APPEARED WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC, TO MEPERSONALLY KNOW TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO, ANDTHEY DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.MY COMMISSION EXPIRES NOTARY PUBLIC (SEAL)ACKNOWLEDEGEMENTSTATE OF NEBRASKA) ) SSCOUNTY OF HALL)ON THE DAY OF , 20_, BEFORE ME, A NOTARY PUBLIC WITHIN AND FORSAID COUNTY, PERSONALLY APPEARED WILLIAM P. & JULANN K. ZILLER, HUSBAND AND WIFE, TO MEPERSONALLY KNOW TO BE THE IDENTICAL PERSONS WHOSE SIGNATURES ARE AFFIXED HERETO, ANDTHEY DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HIS AND HER VOLUNTARY ACT AND DEED.MY COMMISSION EXPIRES NOTARY PUBLIC (SEAL)ACKNOWLEDEGEMENTSTATE OF NEBRASKA) ) SSCOUNTY OF HALL)ON THE DAY OF , 20_, BEFORE ME, A NOTARY PUBLIC WITHIN AND FORSAID COUNTY, PERSONALLY APPEARED ROGER STEELE, CITY OF GRAND ISLAND MAYOR, TO MEPERSONALLY KNOW TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO, ANDTHEY DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.MY COMMISSION EXPIRES NOTARY PUBLIC (SEAL)OWNERS: WARD F. HOPPE, MEMBER OF THE ORCHARD, LLCWILLIAM P & JULANN K ZILLERSUBDIVIDER: THE ORCHARD, LLCSURVEYOR:JAYME M. MALONE, HUSKER SURVEYING, LLCENGINEER: DESIGN ASSOCIATES OF LINCOLN, INC.NUMBER OF LOTS: 65HUSKER SURVEYINGGrand IslandCouncil Session/Budget Work Session - 5/14/2019Page 173 / 318
OUTLOT 'A'
OUTLOT 'A'
OUTLOT 'A'OUTLOT'B'1 2 3 4 5 6 7 8 9
BLOCK
1
1
2
3
4
5
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7
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9
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BLOCK 2
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BLOCK 2
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BLOCK 3
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BLOCK 4
BLOCK 4
NORWOOD SUBDIVISION
LOT 8
(NOT A PART)
(14TH STREET EAST)
GOOD
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U
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VI
SI
O
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LOTS
1-
5
(NOT
A
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(13TH STREET EAST)
(12TH STREET EAST)
LINCOLN VIEW ESTATES SUBDIVISION
(NOT A PART)
BLOCK 5
SUBDI
VI
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GEOR
G
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O
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BLOCK 4
NORWOOD SECOND
SUBDIVISION
LOT 2
(NOT A PART)
NORWOOD SUBDIVISION
LOT 5
(NOT A PART)
NORWOOD SUBDIVISION
LOT 4
(NOT A PART)
NORWOOD SUBDIVISION
LOT 3
(NOT A PART)
NORWOOD SUBDIVISION
LOT 2
(NOT A PART)
NORWOOD SUBDIVISION
LOT STORM S
(NOT A PART)(NOT A
P
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)
2 of 5
THE ORCHARD SUBDIVISION
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
FINAL PLAT
OWNERS: WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC
WILLIAM P. & JULANN K. ZILLER
SUBDIVIDER: THE ORCHARD, LLC
SURVEYOR:JAYME M. MALONE, HUSKER SURVEYING, LLC
ENGINEER: DESIGN ASSOCIATES OF LINCOLN, INC.
NUMBER OF LOTS: 65
HUSKER SURVEYING
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 174 / 318
OUTLOT 'A'
1 2 3 4 5 6 7 8 9
BLOCK 1
1
2
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BLOCK 2
1
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BLOCK 4
NORWOOD
SUBDIVISION
LOT 5
(NOT A PART)
NORWOOD
SUBDIVISION
LOT 4
(NOT A PART)
NORWOOD
SUBDIVISION
LOT 3
(NOT A PART)
NORWOOD
SUBDIVISION
LOT 2
(NOT A PART)
NORWOOD
SUBDIVISION
LOT STORM S
(NOT A PART)
A
B
C
LASSONDE THIRD ADDITION
(NOT A PART)
3 of 5
THE ORCHARD SUBDIVISION
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
FINAL PLAT
OWNERS: WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC
WILLIAM P. & JULANN K. ZILLER
SUBDIVIDER: THE ORCHARD, LLC
SURVEYOR:JAYME M. MALONE, HUSKER SURVEYING, LLC
ENGINEER: DESIGN ASSOCIATES OF LINCOLN, INC.
NUMBER OF LOTS: 65
HUSKER SURVEYING
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 175 / 318
OUTLOT 'A'OUTLOT 'B'12
13
14
15
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20
BLOCK 2
1
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BLOCK 3
11
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BLOCK 4
SUBDIVISION
NORWOOD SECOND
SUBDIVISION
D
E
4 of 5
THE ORCHARD SUBDIVISION
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
FINAL PLAT
OWNERS: WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC
WILLIAM P. & JULANN K. ZILLER
SUBDIVIDER: THE ORCHARD, LLC
SURVEYOR:JAYME M. MALONE, HUSKER SURVEYING, LLC
ENGINEER: DESIGN ASSOCIATES OF LINCOLN, INC.
NUMBER OF LOTS: 65
HUSKER SURVEYING
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 176 / 318
OUTLOT 'A'
7
8
28
LINCOLN VIEW ESTATES SUBDIVISION
(NOT A PART)
A
B
C
D
E
CURVE DATA
THE ORCHARD SUBDIVISION
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
FINAL PLAT
5 of 5
OWNERS: WARD F. HOPPE, MEMBER OF THE ORCHARD, LLC
WILLIAM P. & JULANN K. ZILLER
SUBDIVIDER: THE ORCHARD, LLC
SURVEYOR:JAYME M. MALONE, HUSKER SURVEYING, LLC
ENGINEER: DESIGN ASSOCIATES OF LINCOLN, INC.
NUMBER OF LOTS: 65
HUSKER SURVEYING
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 177 / 318
SUBDIVISION AGREEMENT
ORCHARD SUBDIVISION
(Lots 1 through 28)
In the City of Grand Island, Hall County Nebraska
WHEREAS THE ORCHARD, LLC; a Nebraska Limited Liability Compnay,
WILLIAM P. ZILLER and JULIANN K. ZILLER, hereinafter called the Subdivider, whether
one or more, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska,
more particularly described as follows:
LOT 1, LINCOLN HEIGHTS SUBDIVISION, PART OF LOT 8,
NORWOOD SUBDIVISION, PART OF LOTS 2, 3, 4, AND 5,
NORWOOD SUBDIVISION, PART OF THE EAST HALF OF
THE NORTHWEST QUARTER LYING WESTERLY FROM
THE UNION PACIFIC RAILROAD RIGHT-OF-WAY. ALL
LOCATED IN THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS:
REFERRING TO THE CENTER OF SAID SECTION 10, A 3”
IRON PIPE FOUND FOR CORNER; THENCE WESTERLY ON
* This Space Reserved for Register of Deeds *
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- 2 -
AN ASSUMED BEARING OF SOUTH 89°40’03” WEST, ON
THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, 795.96 FEET, TO THE SOUTHEAST CORNER
OF LOT 1, LINCOLN HEIGHTS SUBDIVISION, ALSO BEING
THE TRUE POINT OF BEGINNING; THENCE FOLLOWING
THE SOUTHERLY LINE OF LINCOLN HEIGHTS
SUBDIVISION ON THE FOLLOWING BEARINGS AND
DISTANCES: SOUTH 89°40’03” WEST, 403.60 FEET;
THENCE NORTH 28°59’12” WEST, 45.21 FEET, THENCE
SOUTH 89°40’51” WEST, 136.00 FEET, TO THE SOUTHWEST
CORNER OF LOT 1, LINCOLN HEIGHTS SUBDIVISION;
THENCE FOLLOWING THE WESTERLY LINE OF LINCOLN
HEIGHTS SUBDIVISION ON THE FOLLOWING BEARINGS
AND DISTANCES: NORTH 00°48’38” WEST, 619.72 FEET;
THENCE NORTH 89°40;21” EAST, 48.29 FEET; THENCE
NORTH 00°37’11” WEST, 59.97 FEET; THENCE SOUTH
89°42’12” WEST, 35.00 FEET; THENCE NORTHERLY
NORTH 00°34’59” WEST, 574.66 FEET; THENCE NORTH
89°40’45” EAST, 35.04 FEET; THENCE NORTH 00°37’01”
WEST, 199.80 FEET; THENCE SOUTH 89°40’32” WEST, 75.00
FEET, THENCE NORTH 00°35’50” WEST, 575.26 FEET;
THENCE NORTH 89°39’52” EAST, 479.05 FEET, TO A POINT
OF INTERSECTION ON THE WESTERLY RIGHT-OF-WAY
LINE OF THE UNION PACIFIC RAILROAD; THENCE
SOUTH 03°39’59” EAST, ON THE WESTERLY RIGHT-OF-
WAY LINE OF THE UNION PACIFIC RAILROAD, 2072.64
FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING A TOTAL CALCULATED AREA OF 1,039,394
SQUARE FEET, OR 23.861 ACRES, MORE OR LESS;
desires to have subdivided as a subdivision the foregoing tract of land located within the
corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as ORCHARD SUBDIVISION, designating explicitly the land to be
laid out and particularly describing the lots, easements, and streets belonging to such subdivision,
with the lots designated by number, easements by dimensions, and streets by name, and proposes
to cause the plat of such subdivision when finally approved by the Regional Planning
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 179 / 318
- 3 -
Commission and the City Council to be acknowledged by such owner, certified as to accuracy of
survey by a registered land surveyor, and to contain a dedication of the easements to the use and
benefit of public utilities, and of the street to the use of the public forever. In consideration of the
acceptance of the plat of said ORCHARD SUBDIVISION, the Subdivider hereby consents and
agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the
following improvements:
1.Paving. The Subdivider agrees to pave 14th Street, 15th Street, 19th Street,
and Peach Street, in accordance with plans and specifications approved by the City's Director of
Public Works, and subject to the City's inspection. If the Subdivider fails to pave 14th Street, 15th
Street, 19th Street, and Peach Street, the City may create a paving district to perform such work.
2.Water. Public water is available to the subdivision and the Subdivider
agrees to extend, connect and provide water service to all lots in the subdivision in accordance
with plans and specifications approved by the Director of Public Works, and subject to the City’s
inspection.
3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and
the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the
subdivision in accordance with plans and specifications approved by the Director of Public
Works, and subject to the City’s inspection.
4.Storm Drainage. The Subdivider agrees to grade all lots in the
subdivision in conjunction with the development proposed thereon so that storm drainage is
conveyed to a public right-of-way or to other drainage systems so approved by the Director of
Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 180 / 318
- 4 -
drainage district to perform such work. The Subdivider agrees to waive the right to object to the
creation of any drainage district benefitting the subdivision.
5.Sidewalks. The Subdivider shall install and maintain all public sidewalks
required by the City of Grand Island when the lots are built upon, and such sidewalk shall be
regulated and required with the building permit for each such lot. Sidewalks along Outlot B shall
be installed with Peach Street.
The Subdivider must select curb or conventional sidewalk for each street unless the requirement
has been waived by Council.
Street Name Curb sidewalk Conventional
Sidewalk
Sidewalk Requirement
Waived by Council
14th Street X NO
15th Street X NO
19th Street X NO
Peach Street X No
6. Outlots: Outlot A may be sold but may not be further developed without
platting in accordance with an approved preliminary plat. Outlot B may be paved for additional
off street parking for the proposed daycare/community building on Block Four (4) Lots Thirteen
(13) and/or Fourteen (14) of the subdivision according to plans approved by the Grand Island
Building and Public Works Departments.
7. Daycare/Community Building The proposed Daycare/Community Building
on Block Four (4) Lots Thirteen (13) and/or Fourteen (14) is subject to a conditional use permit
that the Subdivider agrees to apply for and receive not more than 18 months prior to beginning
construction.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 181 / 318
- 5 -
8.Driveways: Driveways along the 32 foot sections of Peach Street Block 2
lots One(1) through Twenty (20) excluding Outlot B and Block Four (4) Lots One (1) through
Twelve (12) and Lots Fifteen (15) through (28) shall be limited to the locations shown on the
attached driveway exhibit.
8.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
9.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
10.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as ORCHARD
SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for
examination, if necessary, upon request of the City of Grand Island.
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- 6 -
11.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Dated _____________________, 2019.
THE ORCHARD, LLC, A NEBRASKA
LIMITED LIABILITY COMPANY,
Subdivider
By: ____________________________________
Ward F. Hoppe, Member
By: ____________________________________
William P. Ziller, Subdivider
By: ____________________________________
Juliann K. Ziller, Subdivider
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Ward F. Hoppe, Member of The Orchard, LLC, a Nebraska Limited Liability
Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision
Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein
expressed on behalf of The Orchard, LLC.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
STATE OF NEBRASKA )
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 183 / 318
- 7 -
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared William P. Ziller and Juliann K. Ziller, known personally to me to be the
identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution
thereof to be his voluntary act and deed for the purpose therein expressed on behalf of William P. Ziller and Juliann
K. Ziller.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2019-____, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
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- 8 -
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 185 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 186 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-153
WHEREAS Known all men by these presents, that Ward F. Hoppe, Member of
the Orchard, LLC, William P. and Julann K. Ziller, Husband and Wife, and Roger Steele, City of
Grand Island Mayor, , being the owners of the land described hereon, have caused the same to be
surveyed, subdivided, platted and designated as “THE ORCHARD SUBDIVISION”, a
subdivision being part of a tract of land consisting of all of Lot 1, Lincoln Heights Subdivision,
part of lots 2,3,4,5 and 8 of Norwood Subdivision and part of the east half of the Northwest
Quarter of (E ½ NW ¼) of Section Ten (10), Township Eleven (11) North, Range Nine (9), West
of the 6th P.M. all in Grand Island, Hall County, Nebraska. County, Nebraska and being more
particularly described as follows:
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of THE ORCHARD
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 187 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-6
#2019-154 - Approving Final Plat and Subdivision Agreement for
Crossroads Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 188 / 318
Council Agenda Memo
From:Regional Planning Commission
Meeting:May 7, 2019
Subject:Crossroads Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located south of 10th Street, west of White Avenue, directly north of 9th
Street and Boggs Avenue intersection in Grand Island, Nebraska. (2 lots, 0.992 acres).
This property is proposed for zoning as RO-Residential Office Zone. A replat of parts of
Block 5 of Golden Age Subdivision in the City of Grand Island, Hall County, Nebraska.
Discussion
The final plat for Crossroads Subdivision was considered by the Regional Planning
Commission at the May 1, 2019 meeting.
A motion was made by Rainforth and second by Allan to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 11 members present and voting in
favor (O’Neill, Nelson, Ruge, Allan, Monter, Maurer, Rubio, Rainforth, Randone, Kjar
and Hedricksen) and no members present voting no.
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
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 189 / 318
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Grand Island Council Session/Budget Work Session - 5/14/2019 Page 191 / 318
Developer/Owner
Grand Island Entrepreneurial Venture L.L.C., a Nebraska Limited Liability Company
Raymond O’Connor
611 Fleetwood Rd
Grand Island, NE 68803
This property is located east of Boggs Avenue and north of 9th Street in Grand Island,
Nebraska. (2 lots, 0.992 acres).
Size: 0.992 Acres 2 Lots
Zoning: RO- Residential Office Zone
Road Access: Existing City Streets.
Water Public: City water is available and will be extended to all lots.
Sewer Public: City sewer is available and will be extended to all lots.
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Grand IslandCouncil Session/Budget Work Session - 5/14/2019Page 193 / 318
- Corner Found Unless Otherwise Noted
- 5/8 Rebar Placed W/Survey Cap Unless Otherwise Noted
- Temporary Point
A - Actual Distance
R - Recorded Distance
P - Prorated Distance
LEGEND
DEDICATION
KNOW ALL MEN BY THESE PRESENTS, that Grand Island Entrepreneurial Venture L.L.C., a Nebraska
Limited Liability Company and LBJM, L.L.C., a Nebraska Limited Liability Company, being the owner of the
land described hereon, has caused same to be surveyed, subdivided, platted and designated as
CROSSROADS SUBDIVISION' in the City of Grand Island, Hall County, Nebraska, as shown on the
accompanying plat thereof, and do hereby dedicate the easements, if any, as shown thereon for the location,
construction and maintenance of public service utilities, together with the right of ingress and egress thereto,
and hereby prohibiting the planting of trees, bushes and shrubs, or placing other obstructions upon, over,
along or underneath the surface of such easements; and that the foregoing subdivision as more particularly
described in the description hereon as appears on this plat is made with the free consent and in accordance
with the desires of the undersigned owner and proprietor.
IN WITNESS WHEREOF, I have affixed my signature hereto, at Grand Island, Nebraska, this___ day
of___________, 2019.
Raymond J. O'Connor - Member Brian McMahon - Member
Grand Island Entrepreneurial Venture L.L.C. LBJM, L.L.C.
ACKNOWLEDEGEMENT
State of Nebraska
County of Hall
On the ____day of _______ , 2019, before me ___________________ a Notary Public within and for
said County, personally appeared Raymond J. O'Connor Member, Grand Island Entrepreneurial Venture,
L.L.C., a Nebraska Limited Liability Company, and to me personally known to be the identical person whose
signature is affixed hereto, and that he did acknowledge the execution thereof to be his voluntary act and deed
and the voluntary act and deed of said Company, and that he was empowered to make the above dedication
for and in behalf of said Company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Grand Island,
Nebraska, on the date last above written.
My commission expires __________________ .20__
______________________________
Notary Public
SURVEYORS CERTIFICATE
I hereby certify that on December 20, 2018, I completed an accurate survey of
'CROSSROADS SUBDIVISION', in Grand Island, Hall County, Nebraska, as shown
on the accompanying plat thereof; that the lots, blocks, streets, avenues, alleys, parks,
commons and other grounds as contained in said subdivision as shown on the
accompanying plat thereof are well and accurately staked off and marked; that iron
markers were placed at all lot corners; that the dimensions of each lot are as shown
on the plat; that each lot bears its own number; and that said survey was made with
reference to known and recorded monuments.
____________________________________
Brent D Cyboron
Nebraska Professional Registered Land Surveyor No. 727
APPROVALS
Submitted to and approved by the Regional Planning Commission of Hall County, Grand
Island and Wood River, and The Villages of Alda, Cairo, and Doniphan, Nebraska
Chairman Date
Approved and accepted by the City of Grand Island, Hall County, Nebraska this________
Day of , 2019
Mayor City Clerk
Scale 1" = 30'
Crossroads Subdivision
Grand Island, Nebraska N
S i t e
Vicinity Map
LEGAL DESCRIPTION
A tract of land comprising a portion of Block Five (5), Golden Age Subdivision, an
Addition to the City of Grand Island, Hall County, Nebraska, Except for the following:
Beginning at the northeast corner of said Block Five (5), a distance of Four Hundred
(400.00) feet to the northwest corner of said Block Five (5); thence running south along
the east line of Boggs Avenue a distance of One Hundred Thirty and Seven Tenths
(130.70) feet; thence running southeasterly along the northeasterly line of Boggs
Avenue a distance of One Hundred Forty Four and Five Tenths (144.50) feet; thence
deflecting left 90°02'30" and running northeasterly, parallel with the northwesterly line of
9th Street a distance of Two Hundred Forty Five and Eight Tenths (245.80) feet; thence
deflecting right 90°02'30" and running southeasterly a distance of One Hundred Seventy
Six and Five Tenths (176.50) feet to a point on the northwesterly line of 9th Street;
thence running northeasterly along the northwesterly line of 9th Street a Distance of
Three and Fifty Seven Hundredths (3.57) feet to a point on the west line of White
Avenue; thence running north along the west line of White a distance of One Hundred
Eighty Five and Thirty Six Hundredths (185.36) feet to the point of beginning.
INITIAL POINT SURVEYING LLC
410 S. Webb Rd.; Suite 4B
Grand Island, NE 68803
308-383-6754 Cell
308-675-4141 Office
1" = 30'4-1-19 Brent C.
19-000 19-000
1 OF 1
1910 West 9th Street
Grand Island, Nebraska
68803
1910 West 9th Street
CROSSROADS SUBDIVISION
Crossroads
LOT 2LOT 1
Boggs Avenue9 th Street
N 45°23'47" E 245.80' A & R
S 45°26'15" W 245.30' A (245.80' R)S 44°21'47" E 176.68' A ( 176.50' R)N 44°31'30" W 176.50' A & R173.53'
175.30'176.62'ACKNOWLEDEGEMENT
State of Nebraska
County of Hall
On the ____day of _______ , 2019, before me ___________________ a Notary Public within
and for said County, personally appeared Brian McMahon Member, LBJM, L.L.C., a Nebraska Limited
Liability Company, and to me personally known to be the identical person whose signature is affixed
hereto, and that he did acknowledge the execution thereof to be his voluntary act and deed and the
voluntary act and deed of said Company, and that he was empowered to make the above dedication for
and in behalf of said Company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Grand
Island, Nebraska, on the date last above written.
My commission expires __________________ .20____
________________________________
Notary Public
70.00'32.00'173.53'144.52'245.80'144.52'144.50'4-9-19
4-12-19
16' Water Main Easement
16' Water Main Easement
20' Sewer Easement
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 194 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-154
WHEREAS Known all men by these presents, that Grand Island Entrepreneurial
Venture L.L.C., a Nebraska Limited Liability Company, being the owner of the land described
hereon, have caused the same to be surveyed, subdivided, platted and designated as
“CROSSROADS SUBDIVISION”, a subdivision being of a tract of land comprising part of
Block Five (5), Golden Age Subdivision, an addition to the City of Grand Island, Hall County,
Nebraska and has caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of CROSSROADS
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 195 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-7
#2019-155 - Approving Acquisition of Utility Easement - 228 Lake
Street - R2S2, LLC
This item relates to the aforementioned Public Hearing item E-8.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 196 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-155
WHEREAS, a public utility easement is required by the City of Grand Island
from R2S2, L.L.C., to survey, construct, inspect, maintain, repair, replace, relocate, extend,
remove, and operate thereon, public utilities and appurtenances, including water lines and;
WHEREAS, a public hearing was held on May 14, 2019, for the purpose of
discussing the proposed acquisition of a ten (10.0) foot wide utility easement located through a
part of Lot One (1), King’s Crossing Subdivision, in the City of Grand Island, Hall County,
Nebraska; and more particularly described as follows:
Commencing at the Southeast corner of Lot One (1), thence running along the
southerly line of said Lot One (1), on an assumed bearing of S89°57’59”W, a
distance of sixty-sixty and nine hundredths (66.09) feet to the ACTUAL Point of
Beginning; thence continuing S89°57’59”W along the southerly line of said Lot One
(1), a distance of twenty (20.0) feet; thence N00°02’01”W, a distance of ten (10.0)
feet; thence N89°57’59”E, a distance of twenty (20.0) feet; thence S00°02’01”E, a
distance of ten (10.0) feet to the said Point of Beginning.
The above-described easement and right-of-way containing a total of 200 square feet
more or less as shown on the plat dated 4/1/2019, marked Exhibit "A", attached
hereto and incorporated herein by reference.
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 acquire a public utility easement from R2S2, L.L.C. on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
________________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 197 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 198 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-8
#2019-156 - Approving Burdick Generation Station Demolition
Engineering Services
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 199 / 318
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:May 14, 2019
Subject:Burdick Station Demolition - Engineering Services
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Burdick Generating Station consists of three steam units, three gas turbines and the
City water control system operations. In 2016, Steam Units #1 and #2 were removed and
are no longer a part of the Grand Island utility generation. In 2017, Steam Unit #3 was
decommissioned. The large structure that housed the units is expensive to maintain and
contains hazardous materials.
Utility staff has recommended retaining an engineering firm to help develop a demolition
plan for the existing structure, and future black start generation development plan for the
Burdick Generating Station.
Discussion
The request for proposal for engineering services for the Burdick Station Demolition was
publically advertised in accordance with the City Purchasing Code. Proposals from the
following firms were received from the following consultants:
Kiewit Lenexa, KS
Black & Veatch, Overland Park, KS
Burns & McDonnell, Bloomington, MN
KLJ Englewood, CO
Using a matrix of the Utility Department’s established evaluation criteria, which included
pricing and commercial terms, fees, company and personnel experience, contract forms,
and proposal responsiveness, these proposals were reviewed by department management
staff. A tabulation of the evaluation factors indicated a consensus for Black & Veatch.
This firm’s proposal was ranked the highest by each evaluator. A copy of the evaluation
tabulation is attached.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 200 / 318
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 award the Proposal for Burdick Station
Demolition - Engineering Services to Black & Veatch of Overland Park, Kansas as the
best evaluated proposal, with a proposal price not to exceed $698,985.00.
Sample Motion
Move to approve the proposal from Black & Veatch of Overland Park, Kansas, for the
Burdick Station Decommissioning - Engineering Services for a price not to exceed
$698,985.00.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 201 / 318
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSALS
FOR
BURDICK GENERATING STATION DEMOLITION -
ENGINEERING SERVICES
RFP DUE DATE:April 25, 2019 at 4:00 p.m.
DEPARTMENT:Utilities
PUBLICATION DATE:April 6, 2019
NO. POTENTIAL BIDDERS:4
PROPOSALS RECEIVED
KLJ Engineering Burns & McDonnell
Englewood, CO Bloomington, MN
Black & Veatch Corporation Kiewit
Overland Park, KS Lenexa, KS
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent
Lynn Mayhew, Assist. Utilities Director
P2125
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 202 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-156
WHEREAS, the City of Grand Island invited proposals for Burdick Generating
Station Demolition Engineering Services, according to plans and specifications on file with the
Utilities Department; and
WHEREAS, proposals were received by April 25, 2019, at 4:00 p.m. and were
opened and reviewed; and
WHEREAS, Black & Veatch of Overland Park, Kansas, submitted a proposal in
accordance with the terms of the advertisement of the proposal and plans and specifications and
all other statutory requirements contained therein, such proposal being a not to exceed amount of
$698,985.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Black & Veatch of
Overland Park, Kansas, in an amount not to exceed $698,985.00, for Burdick Generating Station
Demolition Engineering Services, is hereby approved as the lowest responsible proposal.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 203 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-9
#2019-157 - Approving the Coal Supplier for Platte Generating
Station for 2020 - 2022
Staff Contact: Tim Luchsinger, Jerry Janulewicz
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 204 / 318
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:May 14, 2019
Subject:2020 - 2022 Coal Purchase
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
On June 12, 2012, per Resolution 2012-143, the City of Grand Island entered into an Agreement
with Western Fuels Association for soliciting the purchase of coal for the Platte Generating
Station. This agreement provides for Western Fuels to obtain pricing of coal for the Platte
Generating Station as part of their larger coal solicitations for their members. Western Fuels
recently went out for bids that included the purchase of all coal requirements for Platte
Generating Station that is needed for 2020 through 2022.
Bids were evaluated on heat content of the bid coal, total delivered price including freight cost,
and value of the sulfur and mineral content of the bid coal:
Heat Content – the heat content of Powder River Basin Coals can vary as much as
15%.
Freight Costs – are included in the evaluation to determine a total delivered cost at
Platte Generating Station.
Sulfur Content – in order to operate a coal fired power plant, environmental
regulations require a plant to hold “Emissions Allowances” for regulated sulfur
emissions. The allowances are regularly bought and sold by utilities as economic
conditions warrant. EPA administers the markets. The price of controlling sulfur
dioxides in the burning of coal is a factor in the evaluation.
Mercury Content – to meet the Mercury Air Toxic emissions regulations, Platte
Generating Station uses powder activated carbon to remove mercury from the flue
gas. The cost to control mercury in the burning of coal is a factor in the
evaluation.
Minerals – Coal contains trace minerals that effect the ash properties when
burning coal. Some minerals require more cleaning of the boiler increasing
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 205 / 318
maintenance cost. The cost of maintenance in the burning of coal is a factor in the
evaluation.
Discussion
Western Fuels has provided the separately attached confidential analysis of the bids received.
The Utilities Department concurs with the Western Fuels Association recommendation that the
2020-2022 Coal Supply Contract be awarded to the low compliant bidder, Cloud Peak Energy’s
Cordero Rojo Mine.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Coal Supply Contract for 2020 -
2022 with Cloud Peak Energy’s Cordero Rojo Mine.
Sample Motion
Move to approve the Coal Supply Contract for 2020 - 2022 with Cloud Peak Energy’s Cordero
Rojo Mine.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 206 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-157
WHEREAS, the City Electric Department through Western Fuels Association,
invited bids for coal for the 2020 - 2022 Coal Supply for the Utilities Department, according to
the contract specifications; and
WHEREAS, it was stipulated that bid prices and/or final award prices would not
be publicly disclosed; and
WHEREAS, Western Fuels Association reviewed and evaluated the bids for
compliance with the specifications and for delivered cost; and
WHEREAS, Cloud Peak Energy from the Cordero Rojo Mine, submitted bids in
accordance with the terms of the advertisement of bids and the contract specifications and all
other statutory requirements contained therein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid Cloud Peak Energy, for the
2020 - 2022 Coal Supply for the Platte Generating Station from the Cordero Rojo Mine, is
approved as the lowest responsive bid submitted.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 207 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-10
#2019-158 - Approving Change Order #1 with Meylan Enterprises,
Inc. for Precipitator, Bottom Ash and Boiler Industrial Cleaning at
Platte Generation Station - Spring 2019 Outage
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 208 / 318
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:May 14, 2019
Subject:Change Order #1 - Precipitator, Bottom Ash and Boiler
Industrial Cleaning at Platte Generating Station – Spring
2019 Outage
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The electrostatic precipitator at the Platte Generating Station is the air quality control
equipment used to remove coal ash particulates from the plant’s boiler flue gas stream.
Proper performance of this equipment is required as part of the plant’s operating permit.
Due to volume and characteristics of the coal ash, the precipitator must be grit blasted
twice a year to remove ash build-up to allow the plant to remain below permitted
emission levels. In addition to maintaining performance, removal of the ash deposits also
allows an inspection of the precipitator internal surfaces and components.
During this outage, the contractor also performed vacuum services and high pressure
water blast cleaning services throughout the station. This work is done on a time and
material basis, with the original bidding based on an estimate of the hours required to
complete the work. Variations in the time required to accomplish the actual work
performed at the time of the outage requires final adjustments based on the T&M rates
provided at the time of bidding.
The specifications were issued for bid and the contract was awarded by Council to the
low responsive bidder, Meylan Enterprises, Inc., of Omaha, Nebraska for $156,178.27 on
January 22, 2019 per Resolution 2019-31.
Discussion
Additional work beyond the base bid scope was required to remove spilt coal from
railroad tracks, greater than normal volumes of fly ash from the precipitator and
excessive build-up of lime in the Spray Dry Absorber, resulting in an increase in the cost
of the overall contract.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 209 / 318
Meylan Enterprises, Inc., performed the additional work, which was not part of the
original scope, at an additional cost of $18,653.00 plus the change in taxes for a total
increased contract cost of $20,291.50.
Meylan Enterprises, Inc., had all of the manpower and equipment on site to perform the
additional work. This additional cost was based on unit pricing for services included in
the original bid documents in the event of the addition or deletion of work scope by the
contractor. It included vacuum services, hydro-blasting services and use of specialty
three-dimensional cleaning nozzles used specifically for cleaning the SDA vessel.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends authorizing Change Order #1 with Meylan Enterprises,
Inc., of Omaha, Nebraska, for the Precipitator, Bottom Ash and Boiler Industrial
Cleaning at Platte Generating Station for an addition to the contract price of $20,291.50.
Sample Motion
Move to approve Change Order #1 from Meylan Enterprises, Inc., in the amount of
$20,291.50, for the Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte
Generating Station.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 210 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 211 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 212 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-158
WHEREAS, at the January 22, 2019 Council meeting, Council awarded the
contract for Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station
– Spring 2019 Outage to Meylan Enterprises, Inc., of Omaha, Nebraska in the amount of
$156,178.27; and
WHEREAS, during the outage additional work beyond the base bid scope was
required to remove split coal from railroad tracks, greater than normal volumes of fly ash from
the precipitator and excessive build-up of lime in the Spray Dry Absorber, resulting in an
increase in the cost of the overall contract; and
WHEREAS, Meylan Enterprises had all of the manpower and equipment on-site
to perform the additional work and this additional cost was based on unit pricing for services
included the original bid documents in the event of the addition or deletion of work scopey by
the contractor; and
WHEREAS, the work included vacuum services, hydro-blasting services and the
use of specialty three-dimensional cleaning nozzles used specifically for cleaning the SDA vessel
and;
WHEREAS, the additional work performed by Meylan Enterprises, Inc.,
amounted to $20,291.50 including applicable taxes for the work for a total contract amount of
$176,469.77.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 in the amount of
$20,291.50 is approved and the Mayor is hereby authorized to sign the Change Order on behalf
of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 213 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-11
#2019-159 - Approving HVAC Controls and Communications
Update - Law Enforcement Center
Staff Contact: Robert Falldorf, Police Chief
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 214 / 318
Council Agenda Memo
From:Robert Falldorf, Police Chief
Stacy Nonhof, Assistant City Attorney
Meeting:May 14, 2019
Subject:Approving HVAC Controls and Communications
Update-Law Enforcement Center
Presenter(s):Robert Falldorf, Police Chief
Background
The Law Enforcement Center currently has a Trane brand HVAC system installed at its
facility at 111 Public Safety Drive. Over the past approximately ten years of functionality
of the system there have been some Control and Communication components that have
become wore out and have become obsolete. Control and Communication parts for the
Trane HVAC system are no longer available, making an upgrade to the system necessary.
The Grand Island Police Department went out for bids on 4-4-19 to update the HVAC
Controls and Communications components of the system, with upgrade being broken
down into five different sections or phases. Engineers estimate on the total project for all
phases was $95,000.
Discussion
One bid was received on April 16, 2019 for the HVAC Controls and Communications
Update for the Law Enforcement Center.
Bidder: Trane USA, Inc.
LaVista, NE
Bid Price:
Section A: $18,390.00
Section B: $19,228.00
Section C: $ 9,839.00
Section D: $12,843.00
Section E: $13,646.00
Bid Total: $73,946.00
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 215 / 318
Under the Contractor’s Bid section of the Ad to Bidders, page 9, there is a section that
states, “All work associated with the contract shall be completed no later than August 31,
2019. Trane Inc. issued an exception to this specification stating that they would not be
able to comply with the August 31, 2019 completion date; however could complete the
project by the end of 2019. This exception is acceptable to the Grand Island Police
Department. This project will be paid for under the joint City/County Shared Renovation
Account and available funds in this account do carry over from fiscal year to fiscal year.
Based on a review of the bid received, the Police Department recommends that the City
award the contract for HVAC Controls and Communications Update for the Law
Enforcement Center with Trane USA, Inc. in the amount of $73,946.00, as the lowest
compliant bid. Trane USA’s bid is below the engineer’s estimate of $95,000.
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
Recommendation
City Administration recommends that the Council approve the contract for HVAC
Controls and Communications Update for the Law Enforcement Center with Trane USA,
Inc. in the amount of $73,946.00.
Sample Motion
Move to approve the contract for HVAC Controls and Communications Update for the
Law Enforcement Center with Trane USA, Inc. in the amount of $73,946.00.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 216 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 217 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-159
WHEREAS, the City of Grand Island invited sealed bids for HVAC Controls and
Communications update for the Law Enforcement Center, according to plans and specifications
on file with the City; and
WHEREAS, on April 16, 2019, bids were received, opened and reviewed; and
WHEREAS, Trane USA, Inc., of LA Vista, Nebraska, submitted low 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 $73,946; and
WHEREAS, the bid of Trane USA, Inc., is less than the estimate for HVAC
Controls and Communications update-Law Enforcement Center.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Trane USA, Inc., in the
amount of $73,946, for HVAC Controls and Communications update-Law Enforcement Center,
is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 218 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-12
#2019-160 - Approving Authorization for Emergency Sanitary
Sewer Repair at 720 West Stolley Park Road
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 219 / 318
Council Agenda Memo
From:Jon Menough PE, Wastewater Treatment Plant Engineer
Meeting:May 14, 2019
Subject:Approving Authorization for Emergency Sanitary Sewer
Repair at 720 West Stolley Park Road
Presenter(s):John Collins PE, Public Works Director
Background
Emergency sanitary sewer repairs were needed for an imminent collapse of sanitary
sewer at 720 West Stolley Park Road.
On November 17, 2017, via Resolution No. 2017-322 Grand Island City Council
awarded a $433,786.75 contract to Municipal Pipe Tool Company, LLC of Hudson, Iowa
for Sanitary Sewer Collection System Rehabilitation- Various Locations; Project No.
2017-S-2B. During the course of their work on this project the lateral sanitary sewer
service at 720 West Stolley Park Road was found to be in urgent need of repair. Without
immediate attention the collapse of this lateral service line was imminent, which would
cause the line to take on more water and sand; flooding or backing up the home and cause
a potential sinkhole that would affect the City sidewalk and street. The mainline sanity
sewer could not be rehabilitated until this lateral was repaired, which required
coordination with the general contractor, Municipal Pipe Tool Company, LLC.
Discussion
Myers Construction, Inc. of Broken Bow, Nebraska provided a quote of $52,650.00,
along with a quote from The Diamond Engineering Company of Grand Island, Nebraska
in the amount of $69,900.00 and a decline to quote from Starostka Group Unlimited, Inc.
of Grand Island, Nebraska due to current work load.
Repairs were completed and paid at actual costs, which total $52,650.00.
Since the total is over $20,000.00 council approval is necessary. Permission is requested
to use the emergency procurement procedures as outlined in Section 27-13 of the City
Code.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 220 / 318
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve usage of the City’s
Emergency Procurement Procedures and pass a resolution authorizing payment to Myers
Construction, Inc. of Broken Bow, Nebraska in the total amount of $52,650.00 for the
necessary sanitary sewer repairs.
Sample Motion
Move to approve the usage of the City’s Emergency Procurement Procedures and
authorize payment for the necessary sanitary sewer repairs.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 221 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-160
WHEREAS, the Wastewater Division of the Public Works Department needed to
perform emergency sanitary sewer repairs at 720 West Stolley Park Road; and
WHEREAS, permission is requested to use the emergency procurement
procedures as outlined in Section 27-13 of the City Code; and
WHEREAS, Myers Construction, Inc. of Broken Bow, Nebraska was hired to do
said repairs, in the total amount of $52,650.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repairs performed
by Myers Construction, Inc. of Broken Bow, Nebraska at 720 West Stolley Park Road, in the
total amount of $52,650 is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 222 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-13
#2019-161 - Approving Bid Award for Chip Seal Project No. 2019-
CS-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 223 / 318
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:May 14, 209
Subject:Approving Bid Award for Chip Seal Project No. 2019-CS-1
Presenter(s):John Collins PW, Public Works Director
Background
On April 7, 2019 the Engineering Division of the Public Works Department advertised for bids
for Chip Seal Project No. 2019-CS-1. There were seven (7) potential bidders for this project.
This project will allow for a chip seal on the following roadways:
Manchester Road; Englemand Road to Mansfield Drive
Mansfield Drive; Horseshoe Place to Manchester Road
Independence Avenue; Capital Avenue to NE Highway 2
North Road; Husker Highway to Stolley Park Road
Stolley Park Road; North Road to UPRR Spur Line
North Road; Old Highway 30 to US Highway 30
Blaine Street; Garland Street to Phoenix Avenue
Chip Seal is the sprayed application of asphaltic material with a covering of aggregate.
Discussion
One (1) bid was received and opened on April 30, 2019. The bid was submitted in compliance
with the contract, plans, and specifications and is considered fair and reasonable. A summary of
the bid is shown below.
Bidder Exceptions Base Bid Alternate Bid
Topkote, Inc. of Yankton, SD None $153,807.94 $49,950.77
There are sufficient funds in Account No. 21033506-85354 to fund this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 224 / 318
Recommendation
City Administration recommends that the Council approve awarding a contract to Topkote, Inc.
of Yankton, South Dakota in the amount of $203,758.71.
Sample Motion
Move to approve the bid award.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 225 / 318
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:April 30, 2019 at 2:15 p.m.
FOR:Chip Seal Project No. 2019-CS-1
DEPARTMENT:Public Works
ESTIMATE:$228,000.00
FUND/ACCOUNT:21033506-85354
PUBLICATION DATE:April 7, 2019
NO. POTENTIAL BIDDERS:7
SUMMARY
Bidder:Topkote, Inc.
Yankton, SD
Bid Security:Merchants Bonding Company
Exceptions:None
Base Bid Price:$153,807.94
Alternate Bid:$ 49,950.77
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent
Tim Golka, Public Works Engineer I Jerry Janulewicz, City Attorney
P2124
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 226 / 318
CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this day of ______, 2019, by and between
TOPKOTE, INC., hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter
called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an
advertisement calling for bids to be published, for construction of Chip Seal Project No. 2019-CS-1; and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and
has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the
Contractor's bid, a copy thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its
successors, and the Contractor for itself or themselves, and its or their successors, as follows:
ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and
other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies
and equipment specified and required to be incorporated in and form a permanent part of the completed
work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner
and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents
as listed in the attached General Specifications and Special Provisions, said documents forming the
contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and
complete all work included in and covered by the City's official award of this contract to the said Contractor,
such award being based on the acceptance by the City of the Contractor's bid;
ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this
contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as
provided by the contract) of TWO HUNDRED THREE THOUSAND SEVEN HUNDRED FIFTY EIGHT
AND 71/100 DOLLARS ($203,758.71) for all services, materials, and work covered by and included in
the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its
equivalent in the manner provided in the General Specifications.
ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and
supplies for the City for incorporation into the work of this project. The City shall be obligated to the vendor
of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder
on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the
City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder
shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest
immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated
into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will
apply only to these materials and supplies actually incorporated into and becoming a part of the finished
product of Chip Seal Project No. 2019-CS-1.
ARTICLE IV. All work associated with the contract shall be completed no later than September 1, 2019.
ARTICLE V. The Contractor shall perform the work within the period of time stipulated in the Contract
Agreement, unless an extension of time is granted by the City Council. Liquidated damages shall be
assessed per working day as per the formula shown in the 2017 Edition of the Nebraska Department of
Roads Standard Specifications for Highway Construction, Section 108.08; Paragraph 2.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 227 / 318
1 | Page
City of Grand Island| Contract Agreement
Chip Seal Project No. 2019-CS-1
ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the
execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to
comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the
Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the
contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on
the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply
with all applicable Local, State and Federal rules and regulations.
ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to
offer, give, or agree to give any City employee or former City employee, or for any City employee or
former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an
offer of employment in connection with any decision, approval, disapproval, recommendation, or
preparation of any part of a program requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering of advice, investigation, auditing, or in any other
advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to any program requirement or a contract or
subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or
offer of employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith, as an inducement for the
award of a subcontract to order.
ARTICLE VIII. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and
ending on the following September 30th. It is understood and agreed that any portion of this agreement
which will be performed in a future fiscal year is contingent upon the City Council adopting budget
statements and appropriations sufficient to fund such performance.
ARTICLE IX. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate
against any employee or applicant for employment because of age, race, color, religious creed, ancestry,
handicap, sex or political affiliation.
ARTICLE X. LB 403: Every public contractor and his, her or its subcontracors who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall register
with and use a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 228 / 318
2 | Page
City of Grand Island| Contract Agreement
Chip Seal Project No. 2019-CS-1
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and
year first above written.
TOPKOTE, INC.
By Date
Title
CITY OF GRAND ISLAND, NEBRASKA,
By Date
Mayor
Attest:
City Clerk
The contract and bond are in due form according to law and are hereby approved.
Date
Attorney for the City
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 229 / 318
3 | Page
City of Grand Island| Contract Agreement
Chip Seal Project No. 2019-CS-1
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
(1)Compliance with Regulations: The contractor shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part
of this contract.
(2)Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
(3)Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin,
sex, age, and disability/handicap.
(4)Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or refuses to
furnish this information the contractor shall so certify to the City of Grand Island, or the FHWA as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract, the City of Grand Island shall impose such contract sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the contractor under the contract until the contractor complies, and/or
(b.)cancellation, termination or suspension of the contract, in whole or in part.
(6)Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The contractor shall take such action with respect to any subcontract or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of
Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition,
the contractor may request the United States to enter into such litigation to protect the interests of the United
States.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 230 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-161
WHEREAS, the City of Grand Island invited sealed bids for Chip Seal Project
No. 2019-CS-1, according to plans and specifications on file with the City Engineer/Public
Works Director; and
WHEREAS, on April 30, 2019 bids were received, opened, and reviewed; and
WHEREAS, Topkote, Inc. of Yankton, South Dakota 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 $203,758.71; and
WHEREAS, Topkote, Inc.’s bid was below the engineer’s estimate for the
project: and
WHEREAS, funds are available in the Fiscal Year 2018/2019 budget for this
project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Topkote, Inc. of Yankton,
South Dakota in the amount of $203,758.71 for Chip Seal Project No. 2019-CS-1 is hereby
approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract with such contractor for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 231 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-14
#2019-162 - Approving Dedication of Right-of-Way at 3321 James
Road
This item relates to the aforementioned Public Hearing item E-7.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 232 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-162
WHEREAS, current City of Grand Island property is being dedicated as public
right-of-way to accommodate property access along James Road, described as follows:
A TRACT OF LAND CONSISTING OF PART OF LOT 2 OF PEDCOR SUBDIVISION, LOCATED
IN THE SOUTHEAST QUARTER (SE ¼) OF SECTION 25, TOWNSHIP 11 NORTH, RANGE 10
WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE
PARTICLARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF DESCH SUBDIVISION IN SAID
SW ¼, SAID POINT ALSO BEING ON THE EAST LINE OF SAID LOT 2 OF PEDCOR
SUBDIVISION AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF
S01o46’35”E ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF 57.00 FEET; THENCE
S88o13’25”W A DISTANCE OF 51.47 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2,
SAID LINE ALSO BEING THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF JAMES ROAD;
THENCE ALONG SAID EAST R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE
DIRECTION HAVING A RADIUS OF 330.00 FEET, A DELTA ANGLE OF 32o28’56”, AN ARC
LENGTH OF 187.08 FEET AND A CHORD BEARING N14o27’03”E FOR A DISTANCE OF 184.59
FEET TO A POINT ON THE WEST LINE OF LOT 1 OF DESCH SECOND SUBDIVISION IN SAID
SW ¼, SAID POINT ALSO BEING A NORTHERLY CORNER OF SAID LOT 2 OF PEDCOR
SUBDIVISION; THENCE S01o43’19”E ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF
120.24 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 2931 SQUARE FEET
MORE OR LESS.
WHEREAS, such dedication of 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 dedicate said right-of-way on the above described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 233 / 318
Grand IslandCouncil Session/Budget Work Session - 5/14/2019Page 234 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-15
#2019-163 - Approving Agreement Amendment No. 1 for Utility
Relocation Services to be performed by AT&T for the North
Broadwell Drainage; Project No. 2018-D-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 235 / 318
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:May 14, 2019
Subject:Approving Agreement Amendment No. 1 for Utility
Relocation Services to be performed by AT&T for the
North Broadwell Drainage; Project No. 2018-D-1
Presenter(s):John Collins PE, Public Works Director
Background
The North Broadwell Drainage; Project No. 2018-D-1 will consist of removing trees and
re-grading the ditch to allow for proper maintenance and improved channel flow.
The improvements require that utilities owned by AT&T are relocated due to the
elevation of the ditch rework.
On February 26, 2019, via Resolution No. 2019-77, City Council approved a
reimbursement agreement with AT&T to lower infrastructure located within the North
Broadwell Drainage; Project No. 2018-D-1 limits. Such agreement provided an
estimated cost of work at $20,000.00, of which 57.5% would be the responsibility of the
City of Grand Island, resulting in an anticipated City cost of $11,500.00.
All agreements must be approved by the City Council.
Discussion
Upon solicitation of twelve (12) potential bidders by AT&T no bids were submitted for
the lowering of their infrastructure within the North Broadwell Drainage; Project No.
2018-D-1 limits. AT&T contacted a local trenching company, D & A Trenching, Inc. of
Alda, Nebraska for a bid and received such in the amount of $29,775.00 (attached for
reference). Engineering services will also be part of this work, which are not included in
the bid from D & A Trenching, Inc. and amount to approximately $9,000.00.
At this time, based on the 57.5% responsibility of the City by the original reimbursement
agreement, the City will be responsible for $22,295.63.
Construction award of the North Broadwell Drainage; Project No. 2018-D-1 to Starostka
Group Unlimited, Inc. was approved by City Council, via Resolution No. 2019-80, in the
amount of $247,981.06 on February 26, 2019.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 236 / 318
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the agreement Amendment
No. 1 for Utility Relocation Services to be performed by AT&T for the North Broadwell
Drainage; Project No. 2018-D-1.
Sample Motion
Move to approve the agreement Amendment No. 1.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 237 / 318
Date
5/6/2019
Estimate #
T-207
Name / Address
AT&T
ATTN: Kevin
D & A TRENCHING INC.
Alda, NE 68810
Project
Phone # 308-382-4757 Fax # 308-382-1954 datrenching@hotmail.com
Description Quanity U/M Total
Lower conduits off Broadwell Ave in Grand Island
Dewatering Well 10,500.00 10,500.00T
Excavator & Shoring 14,000.00 14,000.00T
Pipe & Couplings 750.00 750.00
Move & Set Posts, Pull fiber, Cut & splice conduits,
Guard conduits
2,500.00 2,500.00T
Sales Tax 7.50% 2,025.00
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Grand Island Council Session/Budget Work Session - 5/14/2019 Page 239 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 240 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-163
WHEREAS, the City of Grand Island has developed the North Broadwell
Drainage; Project No. 2018-D-1 to allow for proper maintenance and improved channel flow;
and
WHEREAS, the improvements require that utilities owned by AT&T are
relocated due to the elevation of the ditch rework; and
WHEREAS, on February 26, 2019, via Resolution No. 2019-77, City Council
approved a reimbursement agreement with AT&T to lower infrastructure located within the
North Broadwell Drainage; Project No. 2018-D-1 limits; and
WHEREAS, the estimated cost for the relocation work of AT&T’s infrastructure
was $20,000.00, of which 57.5% would be the responsibility of the City of Grand Island,
resulting in an anticipated City cost of $11,500.00; and
WHEREAS, bid submittals were not received by AT&T for such work; and
WHEREAS, AT&T contacted a local trenching company, D & A Trenching, Inc.
of Alda, Nebraska for a bid and received such in the amount of $29,775.00; and
WHEREAS, engineering services are estimated at $9,000.00 for such work, of
which the City is responsible for the 57.5% of; and
WHEREAS, the City of Grand Island and AT&T wish to enter into
Reimbursement Agreement Amendment No. 1 to provide relocation of the affected AT&T
infrastructure at the updated total cost of $32,775.00, with 57.5% of such cost being the
responsibility of the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and
directed to sign the attached Reimbursement Agreement Amendment No. 1 between the City of
Grand Island, Nebraska and AT&T.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 241 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-16
#2019-164 - Approving Change Order No. 6 with Chief
Construction for EM911 Facility
Staff Contact: Jon Rosenlund
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 242 / 318
Council Agenda Memo
From:Jon Rosenlund, Director of Emergency Management
Meeting:May 14, 2019
Subject:Approving EM911 Construction Change Order 006
Presenter(s):Jon Rosenlund, Director of Emergency Management
Background
The City Council awarded the bid for construction of an Emergency Management and
911 Communications Facility to Chief Construction of Grand Island, Nebraska on
December 19, 2017 for $3,122,701.00.
Any changes to the contract require council approval. Changes were necessary for an
additional data cabling in the EOC and lawn irrigation. Cost of this Change Order is
$24,243.00.
Discussion
The City Council awarded the bid for construction of an Emergency Management and
911 Communications Facility to Chief Construction of Grand Island, Nebraska on
December 19, 2017 for $3,122,701.00. Construction began in March.
Additional data cabling was needed to accommodate PCs and telephones in the
Emergency Operations Center. That included an additional 48 cables pulled into the EOC
to compliment the initial 48 cables. All cables were extended directly to floor boxes and
bypassed a network hub which eliminated a point of failure. These cabling changes cost
$21,045.00.
Lawn irrigation was necessary in the “green strip” of grass between the sidewalks and the
streets along North Road and 13th Street. The irrigation in this area was not included
because the nature of the green strip was not known until the intersection construction
was completed. Irrigation changes cost $3,198.00.
Any changes to the contract require Council approval and the Department respectfully
submits this Change Order #006 for approval. Total cost for installation is estimated at
$24,243.00.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 243 / 318
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #006 for
additional EOC cabling and lawn irrigation changes for a total cost of $24,243.00.
Sample Motion
Move to approve Change Order #006 for additional EOC cabling and lawn irrigation
changes for a total cost of $24,243.00.
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Grand Island Council Session/Budget Work Session - 5/14/2019 Page 245 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 246 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 247 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-164
WHEREAS, on December 19, 2017, by Resolution 2017-364, the City Council of
the City of Grand Island approved the bid of Chief Construction of Grand Island, Nebraska for
$3,122,701.00 for the construction of a new Emergency Management-911 Facility; and
WHEREAS, the Emergency Operations Center required additional data
cables to accommodate the building’s telephone system and computers at each station; and
WHEREAS, changes were required in the lawn irrigation to accommodate the
green strip of grass between the sidewalk and street; and
WHEREAS, any changes to the original contract require Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the payment to Chief
Construction of $24,243.00 for the installation of additional data cables and changes to the lawn
irrigation system, as documented in Change Order 006.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract modification on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 248 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-17
#2019-165 - Approving Development Agreement and Limited
License Agreement with Menard, Inc.
This item is related to Ordinances item F-5.
Staff Contact: Jerry Janulewicz
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 249 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-165
WHEREAS, on November 14, 2017, Council approved and adopted Ordinance
No. 9666 regarding the sale of the following-described real estate to Menard, Inc.:
Lot One (1) in State Subdivision in the City of Grand Island, Hall County,
Nebraska; and
WHEREAS, notice of the sale was published as required by law and no or
insufficient remonstrance was received; and
WHEREAS, the sale and closing is contingent upon the parties mutual agreement
to the plans, specifications, and development agreement for a new Fire Station and
appurtenances to be constructed by Menard, Inc., at its sole cost, upon City-owned property
located at 13th Street and North Road; and
WHEREAS, City Staff have reviewed and approved the building and site
improvement plans, specifications, and development agreement and the limited license
agreement and recommend approval of the same by Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the building and site improvement
plans, specifications, and development agreement for Fire Station #4 to be constructed at 13th
Street and North Road are approved. The Mayor of Grand Island should be, and hereby is,
authorized to execute said development agreement and the limited license agreement, and may
execute a deed conveying to Menard, Inc., the above-described real estate and take such other
necessary actions with respect to closing the real estate transaction including, but not limited to,
delivery of a properly executed warranty deed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 250 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-18
#2019-166 - Approving Temporary Construction Easement and
Perpetual Maintenance Easement
This item is related to Ordinances item F-5.
Staff Contact: Jerry Janulewicz
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 251 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-166
WHEREAS, on November 14, 2017, Council approved and adopted Ordinance
No. 9666 regarding the sale of the following-described real estate to Menard, Inc.:
Lot One (1) in State Subdivision in the City of Grand Island, Hall County,
Nebraska; and
WHEREAS, notice of the sale was published as required by law and no or
insufficient remonstrance was received; and
WHEREAS, Menard, Inc., is requesting that it be granted a 10 foot wide by 53
feet 8 inch temporary construction easement and perpetual maintenance easement upon City’s
tract of land located west of and abutting Lot 1 State Subdivision to permit construction and
maintenance of a fence on Lot 1 State Subdivision following City’s vacation of Fire Station #4.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that grant to Menard, Inc. of a 10 foot wide
by 53 feet 8 inch temporary construction easement and perpetual maintenance easement as
depicted on Attachment A is approved .
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 252 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-19
#2019-167 - Approving Request from Nebraskaland Distributors,
LLC dba Nebraskaland Distributors, 4845 Juergen Road for a
Class “X” Liquor License and Liquor Manager Designation for
Wayne Gappa, 11 East 48th Street, Kearney, Nebraska
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: RaNae Edwards
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 253 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-167
WHEREAS, an application was filed by Nebraskaland Distributors, LLC doing
business as Nebraskaland Distributors, 4845 Juergen Road for a Class "X" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on May 4, 2019; such publication cost being $18.49; and
WHEREAS, a public hearing was held on May 14, 2019 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 Wayne Gappa,
11 East 48th Street., Kearney, Nebraska as liquor manager of such
business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 254 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item G-20
#2019-168 - Approving Request from Kenia Munoz dba Ritmas
Night Club, 611 East 4th Street for a Class “I” Liquor License
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 255 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-168
WHEREAS, an application was filed by Kenia Munoz doing business as Ritmas
Night Club, 611 East 4th Street for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on May 4, 2019; such publication cost being $17.51; and
WHEREAS, a public hearing was held on May 14, 2019 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:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 256 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item H-1
Consideration of Request from Building Department to Advertise a
Request for Proposal for Legal Services to Abate Identified Public
Nuisances
Staff Contact: Craig Lewis
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 257 / 318
Council Agenda Memo
From:Craig Lewis, Building Department Director
Meeting:May 14, 2019
Subject:Approve Request from Building Department to Advertise
for Legal Services to Obtain Court Order for Abatement
of Identified Public Nuisances
Presenter(s):Craig Lewis, Building Department Director
Background
The Grand Island City Building Department is seeking approval to advertise a request for
proposal for legal services to obtain a court order to abate public nuisances at specified
private properties within the City jurisdictional area.
The City Problem Resolution Team has identified three properties in need of abatement
proceedings.
Section 27-10 of the City Code states in part ”No contract for the services of legal council
may be awarded without the approval of the City Council”.
Discussion
The Building Department along with the City Problem Resolution Team have been
working on several properties in the past that have progressed to a point that abatement is
desirable and the next step in the process is to acquire a court order allowing the City to
enter onto the private property and abate the defined public nuisance.
The City in the past has advertised for a request for proposal for legal services, obtained a
qualified proposal, and returned to the City Council for approval of a resolution to enter
into a proposal for legal services.
This is the first step in the process of obtaining outside legal services and we are
requesting Council approval to proceed in advertising a request for proposal.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 258 / 318
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the proposed request.
Sample Motion
Move to approve the request to advertise a request for proposal for legal services to abate
identified public nuisances.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 259 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item I-1
#2019-169 - Consideration of Appointing Jerry Janulewicz as
Interim City Administrator
Staff Contact: Mayor Roger Steele
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 260 / 318
Council Agenda Memo
From:Mayor Roger G. Steele
Meeting:May 14, 2019
Subject:Appointment of Statutory Officers
Presenter(s):Mayor Roger G. Steele
Background
According to Article III – Appointed and Hired Officials, Section 2-30 Officers;
Appointive of the Grand Island City Code and Neb. Rev. Stat., §16-308, the Mayor is
required to appoint statutory officers for his term. Statutory officers include:
1).City Administrator
2).City Attorney
3)City Clerk
4)City Engineer/Public Works Director
5)City Treasurer/Finance Director
These officers also must be approved by the City Council.
Discussion
According to Grand Island City Code Section 2-30, I am requesting approval of Jerom
Janulewicz as the Interim City Administrator. Mr. Janulewicz presently serves as the City
Attorney in the Legal Department. Previously Janulewicz was a partner at Mayer, Burns,
Koenig and Janulewicz law firm in Grand Island from 2004 to 2015. Prior to going into
private practice, Janulewicz was Hall County attorney from 2000 to 2004. As county
attorney Janulewicz supervised the staff of deputy county attorneys and support staff, was
responsible for prosecution of criminal offenses, provided general legal counsel to county
officials, served as chief negotiator in labor negotiations, and served as the county
coroner.
From 1985 to 1995, Janulewicz was a deputy Hall County attorney and was appointed
chief deputy Hall County attorney in 1995 where he served until 2000. Throughout his
service as deputy county attorney, chief deputy, and county attorney, Janulewicz duties
primarily involved advising county officials on legal matters, negotiating and preparing
contracts, and representing Hall County in civil matters.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 261 / 318
Janulewicz earned a Bachelor of Arts in psychology from the University of Nebraska at
Lincoln and earned with distinction his Juris Doctorate from the University of Nebraska
College of Law.
Besides Janulewicz’s extensive work experience in the legal field, he has been very
involved in the Grand Island community serving on the Stuhr Museum of the Prairie
Pioneer board of trustees, a past member of the Senior Citizens Industries board of
directors, and a member on the Third City Community Clinic board of directors.
Janulewicz is a member of the Nebraska State Bar Association, member of the Nebraska
State Bar Association House of Delegates from 1991 to 2007, and a member of the
Nebraska State Bar Association Executive Council from 1996 to 2002.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Council is recommended to approve the appointment of Mr. Janulewicz.
Sample Motion
Move to approve the appointment of Jerom Janulewicz as the Interim City Administrator.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 262 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-169
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Administrator for
the City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, under Grand Island City Code, §2-30, the office of City
Administrator for the City of Grand Island, Nebraska shall be appointed by the mayor and
approved by the council; and
WHEREAS, the position became vacant on April 24, 2019 and an interim
appointment may be made; and
WHEREAS, the Mayor has recommended the appointment of Jerom Janulewicz
as Interim City Administrator effective May 14, 2019 until such time as another appointment is
made.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Jerom Janulewicz is hereby duly
appointed Interim City Administrator for the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 263 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item I-2
#2019-170 - Consideration of Approving Change to the Future
Land Use Map for the City of Grand Island for Lots 11-14 of
Lambert’s Subdivision located between Congdon Avenue and
Willow Street North of 4th Street from Manufacturing to Low to
Medium Residential
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 264 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-170
WHEREAS, the Mayor and City Council of the City of Grand Island are
committed to the orderly plan necessary to accommodate future growth and transportation needs;
and
WHEREAS, on July 13, 2004, by Resolution 2004-154, the City of Grand Island
approved and adopted the Comprehensive Development Plan and associated figures and maps as
prepared by the firm of JEO Consulting Group, Inc. of Wahoo, Nebraska; and
WHEREAS, an amendment to such plan is requested to change the future land use
designation from “Manufacturing to "Low to Medium Density Residential" as shown on the
attached map and
WHEREAS, such amendment was reviewed by the Regional Planning
Commission on May 1, 2019, and a recommendation was forwarded to the City of Grand Island;
and
WHEREAS, a public hearing was held on May 14, 2019 for the purpose of discussing
such amendment to the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and
adopts an amendment to the Comprehensive Plan to change the intended future use of the
property as shown on the attached map from “Manufacturing” to "Low to Medium Density
Residential".
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 265 / 318
- 2 -
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 266 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item I-3
#2019-171 - Consideration of Approving Amendment to the
Redevelopment Plan for CRA No. 1 located North of 4th Street
between Congdon Avenue and Willow Street (Starostka
Contracting, LLC)
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 267 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-171
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban redevelopment
projects in areas of the City which are determined to be substandard and blighted and in need of
redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements
and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to
be substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island,
Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of
the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan
pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114
of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the
Planning Commission, the recommendations of the Planning Commission to the City, and
following the public hearing with respect to the Redevelopment Plan, the City approved the Plan;
and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment
Plan, such project to be as follows: to acquire, prepare the site, install streets and utilities and
demolish existing structures on property located between Willow Street and Congdon Avenuen
north of 4th Street for residential uses. All redevelopment activities will occur in Grand Island,
Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required
pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public
hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project
described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 268 / 318
2
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city
of Grand Island, Hall County, Nebraska, including the Redevelopment Project described
above, is hereby determined to be feasible and in conformity with the general plan for the
development of the City of Grand Island as a whole and the Redevelopment Plan,
including the Redevelopment Project identified above, is in conformity with the
legislative declarations and determinations set forth in the Act; and it is hereby found and
determined that (a) the redevelopment project in the plan would not be economically
feasible without the use of tax-increment financing, (b) the redevelopment project would
not occur in the community redevelopment area without the use of tax-increment
financing, and (c) the costs and benefits of the redevelopment project, including costs and
benefits to other affected political subdivisions, the economy of the community, and the
demand for public and private services have been analyzed by the City and have been
found to be in the long-term best interest of the community impacted by the
redevelopment project. The City acknowledges receipt of notice of intent to enter into
the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the
recommendations of the Authority and the Planning Commission.
2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by
this Resolution, and the Authority is hereby directed to implement the Redevelopment
Plan in accordance with the Act.
3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall
be divided, for a period not to exceed 15 years after the effective date of this provision,
which effective date shall set by the Community Redevelopment Authority in the
redevelopment contract as follows:
a.That proportion of the ad valorem tax which is produced by levy at the rate fixed
each year by or for each public body upon the Redevelopment Project Valuation
(as defined in the Act) shall be paid into the funds of each such public body in the
same proportion as all other taxes collected by or for the bodies; and
b.That proportion of the ad valorem tax on real property in the Redevelopment
Project in excess of such amount, if any, shall be allocated to, is pledged to, and,
when collected, paid into a special fund of the Authority to pay the principal of,
the interest on, and any premiums due in connection with the bonds, loans, notes
or advances of money to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, such Authority for financing or refinancing, in whole or in
part, such Redevelopment Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad
valorem taxes upon real property in such Redevelopment Project shall be paid
into the funds of the respective public bodies.
c.The Mayor and City Clerk are authorized and directed to execute and file or cause
to be filed with the Treasurer and Assessor of Hall County, Nebraska, an
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 269 / 318
3
Allocation Agreement and Notice of Pledge of Taxes with respect to each
Redevelopment Project.
4.The City hereby finds and determines that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purposes of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious development of the City and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity; and the general welfare, as well as efficiency and economy in
the process of development; including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreation and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 270 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item I-4
#2019-172 - Consideration of Approving Economic Development
Incentive Agreement with GIX Logistics, Inc.
Staff Contact: Dave Taylor - EDC President
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 271 / 318
Council Agenda Memo
From:Jerry Janulewicz, City Attorney
Meeting:May 14, 2019
Subject:Approving Economic Development Incentive Agreement
with GIX Logistics, Inc.
Presenter(s):Jerry Janulewicz, City Attorney
Background
At the November 6, 2012 General Election, the voters of the City of Grand Island
approved LB840 funding to enable the City to extend economic development incentives
through the Grand Island Area Economic Development Corporation (GIAEDC). The
Economic Development Corporation has received an application from GIX Logistics,
Inc., 308 West 3rd Street, Suite 3 for expansion of an existing business and additional
employees. On March 29, 2019, the Executive Board of the GIEDC approved submission
of the attached Economic Development Agreement to the Citizens Advisory Review
Committee (CARC) for consideration and recommendation. The CARC met on April 22,
2019 and approved the request and Agreement for recommendation to the City Council
for final action and approval.
Discussion
GIX Logistics, Inc. has submitted the required LB-840 application (see attached) for a
forgivable loan in the amount of $300,000.00. Proposed is the creation of 12 additional
full-time equivalent (FTE) employees with an average hourly wage of $30.00. Requested
is $280,000.00 for job creation and $20,000.00 for job training. LB-840 funds would be
disbursed incrementally through 2022.
GIX Logistics currently has 58 employees. This company, located at 308 West 3rd Street,
Suite 3, is an existing business of transportation, logistics, and distribution of goods
across the country. GIX transports refrigerated goods, dry goods, and/or raw goods.
The company is expanding their existing facility and plans to recruit, hire, coach and
retain the best possible candidates. The use of LB-840 funds would allow GIX Logistics,
Inc. to continue to hire high caliber employees to add new customers to their fast-pace
business model, handle the increase in business, and contribute to the overall well-being
of the community.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 272 / 318
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Economic Development Agreement with GIX Logistics,
Inc.
2.Do not approve the Economic Development Agreement with GIX Logistics,
Inc.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with GIX Logistics, Inc.
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with GIX Logistics, Inc.
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4831-6451-8792.2
ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT (this “Agreement”) is made and
entered into effective as of the __ day of May, 2019 (the “Effective Date”), by and among the
City of Grand Island, Nebraska (“City”), the Grand Island Economic Development Corporation
(“GIAEDC”) and GIX Logistics Inc., a Nebraska corporation, doing business as GIX Logistics,
Inc (“Company”) (City, GIAEDC and Company, each a “Party” and collectively, the “Parties”).
W I T N E S S E T H:
WHEREAS, on March 29, 2019, Company filed an Application for Economic
Development Incentives (the “Application”) with City and GIAEDC;
WHEREAS, Company is expanding its operations in Grand Island;
WHEREAS, in connection with the Grand Island expansion Company agrees to continue
to employ its current fifty-eight (58) full-time equivalent employees in Grand Island for at least
three years after the Effective Date and to add an additional twelve (12) full-time equivalent
employees in Grand Island;
WHEREAS, City and GIAEDC find Company derives its principal source of income from
the sale of services in interstate commerce and is a qualifying business under City’s Economic
Development Program, that Company’s project qualifies for economic development incentives
under the Program, that Company’s project will be of substantial economic benefit to the people
of Grand Island and the surrounding area, and the economic development incentive plan set
forth in this Agreement contributes to the fulfillment of the major objectives of City’s Economic
Development Plan;
WHEREAS, City and GIAEDC are willing to provide Company with up to $20,000 in job
training assistance and up to $280,000 in job creation incentives at the times and upon the
fulfillment of the conditions set forth in this Agreement provided that Company complies with the
terms of this Agreement; and
WHEREAS, in furtherance of the foregoing recitals, the Parties desire to enter into this
Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this Agreement, the Parties agree as follows:
1. Definitions. As used in this Agreement, the following terms shall have the
respective meanings ascribed to them in this Section 1:
(a) “Employment Certificate” shall mean a certificate for the defined period
containing the sworn statement of a duly authorized representative of Company
specifically setting forth compliance with the terms of this Agreement. The Employment
Certificate shall contain the following information and adhere to the following terms: (i)
the total number of hours which FTE’s worked and total gross compensation received by
FTE’s for hours worked at Company’s facilities in Grand Island during the twelve (12)
successive calendar months immediately preceding the date of the Employment
Certificate; and (ii) the hourly rate for all FTE’s which shall meet or exceed the Minimum
Hourly Rate. Company agrees that upon receipt of written notice pursuant to the terms
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 279 / 318
of this Agreement, Company shall allow the City Administrator or his designee to
personally inspect Company’s employment records as confirmation of the statements
contained in the Employment Certificate.
(b) “Full-Time Equivalents” or “FTE’s” shall mean persons currently employed
by Company and persons hired by Company as part of the expansion of its operations to
Grand Island as detailed in the recitals to this Agreement. The total number of FTE’s
shall be determined by dividing the total number of hours Company employees worked
at its facilities located in Grand Island by two thousand eighty (2,080).
(c) “Minimum Hourly Rate” shall mean a minimum hourly rate of $30.00 per
hour for each FTE employed as part of Company’s expansion of its operations in Grand
Island. The hourly rate shall be determined by dividing the total wages and salaries paid
to FTE’s by two thousand eighty (2,080).
2. Employment Requirements. Company shall meet each of the following
employment requirements:
(a) Company shall have a minimum of fifty-eight (58) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the Effective Date;
(b) Company shall have a minimum of sixty-two (62) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the first (1st)
anniversary of the Effective Date;
(c) Company shall have a minimum of sixty-six (66) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the second (2nd)
anniversary of the Effective Date; and
(d) Company shall have a minimum of seventy (70) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the third (3rd)
anniversary of the Effective Date.
3. Disbursement of LB 840 Funds for Job Training. Disbursement of the economic
incentive funds for job training shall be paid to Company by City in accordance with the
following schedule:
(a) A disbursement for training FTE’s in the amount of Six Thousand Six
Hundred Sixty-six and no/100 Dollars ($6,666) shall be paid by City to Company within
sixty (60) days of the approval this Agreement by the City Council.
(b) A disbursement for training FTE’s in the amount of Six Thousand Six
Hundred Sixty-seven and no/100 Dollars ($6,667) shall be paid by City to Company
within thirty (30) days of the first (1st) anniversary of the Effective Date provided that
Company has delivered an Employment Certificate to City and GIAEDC evidencing that
Company has at least sixty-two (62) FTE’s at its facilities in Grand Island being
compensated at the Minimum Hourly Rate.
(c) A disbursement for training FTE’s in the amount of Six Thousand Six
Hundred Sixty-seven and no/100 Dollars ($6,667) shall be paid by City to Company
within thirty (30) days of the second (2nd) anniversary of the Effective Date provided that
Company has delivered an Employment Certificate to City and GIAEDC evidencing that
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 280 / 318
Company has at least sixty-six (66) FTE’s at its facilities in Grand Island being
compensated at the Minimum Hourly Rate.
(d) The maximum amount City shall disburse to Company for job training
shall be Twenty Thousand and No/100 Dollars ($20,000.00).
4. Disbursement of LB 840 Funds for Job Creation. Company shall be eligible for
disbursements of up to Twenty-Three Thousand Three Hundred Thirty-Three and 33/100
Dollars ($23,333.33) per FTE for twelve (12) FTE’s for a total disbursement of Two Hundred
Eighty Thousand and No/100 Dollars ($280,000.00). Disbursement of the economic incentive
funds for job creation shall be paid to Company by City in accordance with the following
schedule:
(a) A disbursement of Ninety-Three Thousand Three Hundred Thirty-Three
and No/100 Dollars ($93,333) shall be paid by City to Company within thirty (30) days of
the first (1st) anniversary of the Effective Date provided that Company has delivered an
Employment Certificate to City and GIAEDC evidencing that Company has at least sixty-
two (62) FTE’s at its facilities in Grand Island being compensated at the Minimum Hourly
Rate.
(b) A disbursement of Ninety-Three Thousand Three Hundred Thirty-Three
and No/100 Dollars ($93,333) shall be paid by City to Company within thirty (30) days of
the second (2nd) anniversary of the Effective Date provided that Company has delivered
an Employment Certificate to City and GIAEDC evidencing that Company has at least
sixty-six (66) FTE’s at its facilities in Grand Island being compensated at the Minimum
Hourly Rate.
(c) A disbursement of Ninety-Three Thousand Three Hundred Thirty-Four
and No/100 Dollars ($93,334) incentives shall be paid by City to Company within thirty
(30) days of the Third (3rd) anniversary of the Effective Date provided that Company has
delivered an Employment Certificate to City and GIAEDC evidencing that Company has
at least seventy (70) FTE’s at its facilities in Grand Island being compensated at the
Minimum Hourly Rate.
(d) The maximum amount City shall disburse to Company for job creation
shall be Two Hundred Eighty Thousand and No/100 Dollars ($280,000.00).
5. Disbursement of LB 840 Funds for Infrastructure. There will be no disbursement
of the economic incentive funds for infrastructure.
6. Company’s Representations and Warranties. Company represents and warrants
to City and GIAEDC as follows:
(a) Organization, Standing and Power. Company is a corporation duly
incorporated, validly existing and in good standing under the laws of the State of Nebraska and
has the legal power to carry on its business as it is now being conducted.
(b) Authority. The execution, delivery and performance of this Agreement by
Company has been duly and validly authorized and approved by all necessary legal action on
the part of Company.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 281 / 318
(c) Binding Agreement. This Agreement, when executed and delivered, will
constitute the legal, valid and legally binding agreement of Company, enforceable against
Company in accordance with its terms.
(d) No Conflict with Other Instruments or Agreements. The execution,
delivery and performance of this Agreement by Company will not result in a breach or violation
of, or constitute a default under any agreement to which Company is bound, and will not be in
violation of any statute, judgment, order, rule or regulation of any court, or any federal, state or
other regulatory authority or governmental body having jurisdiction over Company in effect as of
the Effective Date.
(e) No Brokers. Company has not retained or agreed to compensate any
broker or finder in connection with the transactions contemplated by this Agreement.
(f) Operations. During the term of this Agreement, Company shall maintain
operations in Grand Island, Nebraska.
In the event that Company breaches any of the foregoing representations and warranties, all
amounts distributed by City to Company pursuant to this Agreement shall immediately become
due and owing by Company to City and if unpaid shall accrue interest at the rate of eight
percent (8%) per annum until such amounts are repaid in full.
7. Company’s Obligation to Repay Funds. The Parties acknowledge and agree that
the funds to be provided by City to Company pursuant to this Agreement are being provided in
the form of an economic development loan and are subject to repayment in accordance with the
terms and conditions of this Agreement if Company fails to perform its obligations under this
Agreement. The Parties further acknowledge and agree that City shall forgive the entire
economic development loan disbursed to Company representing a total of Three Hundred
Thousand and No/100 Dollars ($300,000.00) upon Company meeting the following conditions:
(a) Company shall have complied with the terms and provisions of Sections 2
through 7 of this Agreement in all respects; and
(b) If Company remains in compliance with the terms and provisions of
Sections 2 through 7 of this Agreement in all respects, the economic development loan
will be forgiven pursuant to the following schedule:
(i) On the first anniversary of the Effective Date, Six Thousand Six
Hundred Sixty-six and no/100 Dollars ($6,666.00) of the economic
development loan shall be forgiven;
(ii) On the second anniversary of the Effective Date, One Hundred
and No/100 Dollars ($100,000.00) of the economic development loan
shall be forgiven; and
(iii) On the third anniversary of the Effective Date, One Hundred
Thousand and No/100 Dollars ($100,000.00) of the economic
development loan shall be forgiven.
(iv) On the fourth anniversary of the Effective Date, Ninety-Three
Thousand Three Hundred Thirty-Three and No/100 Dollars ($93,334) of
the economic development loan shall be forgiven.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 282 / 318
8. Default. In the event that Company fails to comply with any of the terms of this
Agreement, City may declare Company to be in breach. Any such declaration shall be in writing
and sent by US Mail or courier to Company at its last known address. In the event that City
declares Company to be in breach, City may immediately terminate this Agreement by
providing written notice of termination sent by US Mail or courier to Company at its last known
address whereupon all amounts distributed by City to Company pursuant to this Agreement
shall immediately become due and owing by Company to City and if unpaid shall accrue interest
at the rate of eight percent (8%) per annum until such amounts are repaid in full.
9. Actions after Effective Date. From time to time after the Effective Date, without
further consideration, each of the Parties will execute and deliver such documents and
instruments as any other Party shall reasonably request to give full effect to the transactions
contemplated by this Agreement.
10. Term. This Agreement (and all representations, covenants, agreements,
obligations and warranties of Company, City and GIAEDC contained in this Agreement), shall
remain in full force and effect until the earlier of the date that (a) the entire economic
development loan has been forgiven pursuant to Section 7, or (b) Company has repaid all
amounts provided to Company pursuant to this Agreement (in the event Company breaches its
obligations under this Agreement) (such date, the “Termination Date”). From and after the
Termination Date, this Agreement shall be of no further force or effect and no Party shall have
any further obligations pursuant to this Agreement.
11. Amendment. No amendment or modification of this Agreement shall be binding
on any Party unless the same shall be in writing and signed by all Parties.
12. Communication. Company agrees to inform City and GIAEDC of any changes in
Company’s address, telephone number, email address or leadership within three (3) business
days of such changes. Company also agrees to fully respond within fifteen (15) calendar days
to any request for information from City and/or GIAEDC related to Company’s compliance with
the terms of this Agreement. All responses to inquiries shall be in writing and provided to City
and GIAEDC at the following addresses:
Grand Island City Administrator
100 East First Street
P.O. Box 1968
Grand Island, NE 68802-1968
Cityadministrator@grand-island.com
Grand Island Area Economic Development Corporation
123 North Locust Street, Suite 201B
P.O. Box 1151
Grand Island, NE 68802
mberlie@grandisland.org
13. Indemnification. Company agrees to indemnify, defend and hold City, GIADEC
and their employees, officers, directors, agents, attorneys, affiliates and their respective
successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any
and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense
(including interest, penalties, attorneys’ fees and amounts paid in settlement) to which the
Indemnified Parties may become subject arising out of or based upon a breach or default by
Company of this Agreement.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 283 / 318
14. Expenses. The Parties shall all pay their respective expenses incident to the
preparation, execution and consummation of this Agreement.
15. Binding Effect. This Agreement shall be binding upon, and shall inure to the
benefit of, the Parties and their respective successors and assigns (including, without limitation,
any purchaser of, or successor to, Company whether by purchase, merger, consolidation,
reorganization, liquidation or any other type of transaction).
16. Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be
ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Agreement.
17. Non-Waiver. Waiver of or acquiescence by City and/or GIAEDC in any default
by Company, or any failure of City and/or GIAEDC to insist upon strict performance by
Company of any warranties, agreements or other obligations contained in this Agreement shall
not constitute a waiver of any subsequent or other default, failure or waiver of strict
performance, whether similar or dissimilar.
18. Relationship of Parties. The Parties have entered into this Agreement solely for
the purposes set forth in this Agreement. Nothing contained in this Agreement shall be
construed to create or imply any (a) partnership or joint venture by or among of the Parties, or
(b) any principal and agency relationship by or among the Parties.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Nebraska, without giving effect to its conflict of laws
principles.
20. Entire Agreement. This Agreement and the documents referred to in this
Agreement constitute the entire agreement of the Parties respecting the subject matter
contained in this Agreement and supersede any prior offers, understandings, agreements or
representations by and between the Parties, written or oral, which may have related to the
subject matter of this Agreement in any way.
21. Counterparts. This Agreement may be executed simultaneously in counterparts,
each of which shall be deemed an original, but which together shall constitute the same
instrument.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 284 / 318
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first
above written.
GIX Logistics, Inc., a Nebraska corporation
By: ______________________________________
Its: ______________________________________
City of Grand Island, Nebraska
By: ______________________________________
Its: ______________________________________
Grand Island Area Economic Development
Corporation
By: ______________________________________
Its: ______________________________________
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 285 / 318
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 286 / 318
LB840 Balance as of 2/22/2019 $1,616,920.06
Borer Wholesale ($13,000)
Inland Truck Parts ($108,000)
Hendrix Genetics ($238,334)
EDC Operating Funds ($87,000)
Ending LB840 Balance $1,170,086.06
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 287 / 318
LB840 Application Process
Initial screen by
GIAEDC Staff Site Visit
Partnership with
NBDC, University
of Nebraska-
Kearney
Invitation to
complete LB840
application
Application Review
-CRC Chairman
-City Administration
Approval of
GIAEDC Board of
Trustees
Approval of
Citizens Review
Committee
Approval of GI City
Council
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 288 / 318
Located @ 308 West Third Street
GIX Logistics is in the business of
transportation, logistics, and
distribution across the country.
Hired first broker in 2012 & has steadily
grown in Grand Island
75% of GIX’s customers are located
outside the State of Nebraska, thus
increasing interstate commerce in to
the community.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 289 / 318
2015: renovated 2nd floor of
Kaufman building
Top 75 freight brokerages
2015 LB840 contract will be
successfully completed in June
2019.
Added 26 new jobs
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 290 / 318
Add 12 new positions
Inside Sales Representatives
Increase employee count to 70 in
Railside office
Average of $30 / hour
Project Investment:
New Machinery/
Equipment
$86,150
Other $39,600
TOTAL INVESTMENT $125,750
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 291 / 318
Proposed LB840 Incentive
Job Creation:$280,000
Job Training: $20,000
Infrastructure:$0,000
TOTAL:$300,000
Disbursed incrementally through 2022
After completion of workforce audits
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 292 / 318
Proposed LB840 Distribution Schedule
Year LB840 Category LB840 Funds Distributed
2019 Job Training $6,666
2020 Job Training
Job Creation $100,000
2021 Job Training
Job Creation $100,000
2022 Job Creation $93,334
TOTAL $300,000
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 293 / 318
Eligible Business Activities:
1.The manufacturer of articles of commerce
2.The conduct of research and development
3.The processing, storage, transport, or sale of goods or commodities which
are sold or traded in interstate commerce
4.The sale of services in interstate commerce
5.Headquarter facilities relating to eligible activities as listed in this section
6.Telecommunication activities
7.End destination tourism-related activities
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 294 / 318
Request to approve GIX Logistics’ LB840 application for
$300,000 over a four-year contract period.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 295 / 318
Thank You
For your consideration & dedication to Grand Island
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 296 / 318
Approved as to Form ¤ ___________
May 10, 2019 ¤ City Attorney
R E S O L U T I O N 2019-172
WHEREAS, on November 6, 2012, the City of Grand Island adopted an
Economic Development Program and a Citizens Advisory Review Committee to oversee the
process of approving applications for economic development incentives; and
WHEREAS, GIX Logistics, Inc. has applied for a forgivable loan for job creation
and training in the amount of $300,000.00 from the Grand Island Area Economic Development
Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of
the Economic Development Corporation on March 29, 2019 and was approved on April 22, 2019
by the Citizens Advisory Review Committee; and
WHEREAS, GIX Logistics, Inc. will be required to meet or exceed employment
numbers and employee salary levels as outlined in the Economic Development Agreement to
retain all of the economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic
development funding to GIX Logistics, Inc. as provided by the Grand Island Economic
Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development
Agreement by and between the City, the Grand Island Area Economic Development Corporation
and GIX Logistics, Inc., to provide $300,000.00 in economic assistance to GIX Logistics, Inc. to
be used for expanding its business in Grand Island, is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 297 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item J-1
Approving Payment of Claims for the Period of April 24, 2019
through May 14, 2019
The Claims for the period of April 24, 2019 through May 14, 2019 for a total amount of $5,375,476.43.
A MOTION is in order.
Staff Contact: Patrick Brown
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 298 / 318
City of Grand Island
Tuesday, May 14, 2019
Council Session/Budget Work Session
Item S-1
Review of the 2019-2020 Fee Schedule
Staff Contact: Patrick Brown
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 299 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Administration
Board of Adjustment Prior to Construction 200.00 200.00 200.00 200.00 200.00 200.00 0.00%
Board of Adjustment After Construction/No Building Permit 350.00 350.00 350.00 350.00 350.00 350.00 0.00%
Board of Adjustment After Construction/Not Conform 500.00 500.00 500.00 500.00 500.00 500.00 0.00%
Conditional Use Permit 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 0.00%
Election Filing Fees - City Council 1% of salary 1% of salary 1% of salary 1% of salary 1% of salary 1% of salary
Election Filing Fees - Mayor 1% of salary 1% of salary 1% of salary 1% of salary 1% of salary 1% of salary
Haulers Permit (annual) Garbage 225.00 225.00 225.00 225.00 225.00 250.00 11.11%
Haulers Permit (annual) Refuse 75.00 75.00 75.00 75.00 75.00 100.00 33.33%
Pawnbroker License (annual)100.00 100.00 100.00 100.00 100.00 110.00 10.00%
Pawnbroker Occupational Tax (annual)100.00 100.00 100.00 100.00 100.00 110.00 10.00%
Blight Study Adoption 600.00 1100.00 1100.00 1100.00 1100.00 1100.00 0.00%
Redevelopment Plan Adoption 600.00 1100.00 1100.00 1100.00 1100.00 1100.00 0.00%
Redevelopment Plan Amendment 600.00 1100.00 1100.00 1100.00 1100.00 1100.00 0.00%
Register of Deeds Filing fee
10.00 first page
6.00 each add'l
page
10.00 first page
6.00 each add'l
page
10.00 first page 6.00 each
add'l page
10.00 first page
6.00 each add'l
page
10.00 first page
6.00 each add'l
page
10.00 first page
6.00 each add'l
page
0.00%
Liquor Licenses - Occupational Tax (annual)* Class A Retail beer, on sale*200.00 200.00 200.00 200.00 200.00 200.00 0.00%
Class B Retail beer, off sale*200.00 200.00 200.00 200.00 200.00 200.00 0.00%
Class C Retail liquor, on/off sale*600.00 600.00 600.00 600.00 600.00 600.00 0.00%
Class D Retail liquor/beer, off sale*400.00 400.00 400.00 400.00 400.00 400.00 0.00%
Class I Retail liquor, on sale*500.00 500.00 500.00 500.00 500.00 500.00 0.00%
Class L Brew Pub*500.00 500.00 500.00 500.00 500.00 500.00 0.00%
Class Z Micro Distiller LB-549*500.00 500.00 500.00 500.00 500.00 500.00 0.00%
Catering Fee 200.00 200.00 200.00 0.00%
Liquor License - School Fees (annual)*200.00 200.00 200.00 0.00%
Class A Retail beer, on sale*100.00 100.00 100.00 100.00 100.00 100.00 0.00%
Class B Retail beer, off sale*100.00 100.00 100.00 100.00 100.00 100.00 0.00%
Class C Retail liquor, on/off sale*300.00 300.00 300.00 300.00 300.00 300.00 0.00%
Class D Retail Liquor, Off sale*200.00 200.00 200.00 200.00 200.00 200.00 0.00%
Class I Retail Liquor, on sale*250.00 250.00 250.00 250.00 250.00 250.00 0.00%
Advertising Fee*10.00 10.00 10.00 10.00 10.00 10.00 0.00%
Special Designated Liquor License*80.00 80.00 80.00 80.00 80.00 80.00 0.00%
Natural Gas Company Rate Filing Fee 500.00 500.00 500.00 500.00 500.00 500.00 0.00%
Certified copy 1.50 1.50 1.50 1.50 1.50 1.50 0.00%
Telecommunications Registration Fee (5 years)500.00
*Fees regulated by State of Nebraska
ANIMAL CONTROL SERVICESPet License Fee - Un-neutered/un-spayed 41.00 41.00 41.00 41.00 41.00 41.00 0.00%
Pet License Fee - Neutered/Spayed 16.00 16.00 16.00 16.00 16.00 16.00 0.00%
Licensed after January 31 add $10.00 to above fees add $10.00 to above fees add $10.00 to above fees 0.00%
**$5.00 per license retained by registered veterinarian making sale
Pet License Replacement Fee 5.00 5.00 5.00 5.00 5.00 5.00 0.00%
Legal Proceeding holding fee 20.00+tax per day 20.00+tax per day 20.00+tax per day 20.00+tax per day 20.00+tax per day 20.00+tax per day 0.00%
Deemed "Potentially Dangerous" fee 100.00 100.00 100.00 100.00 100.00 100.00 0.00%
Proposed Fee Schedule for FY2019-2020 Budget Year
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 300 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
BUILDING DEPARTMENT
Building Permit Fee, Electrical Permit Fee, Gas Permit Fee, Plumbing
Permit Fee, Sign Permit Fee: Based on Valuation
Estimated Valuations:1.00 - 1,600.00 35.00 35.00 35.00 35.00 35.00 36.00 2.86%
1,601.00 - 1,700.00 37.00 37.00 37.00 37.00 37.00 38.00 2.70%
1,701.00 - 1,800.00 39.00 39.00 39.00 39.00 39.00 40.00 2.56%
1,801.00 - 1,900.00 41.00 41.00 41.00 41.00 41.00 42.00 2.44%
1,901.00 - 2,000.00 43.00 43.00 43.00 43.00 43.00 44.00 2.33%
2,001 - 25,000 For each additional 1,000 or fraction, to and including
25,000 43.00 plus 7.25 43.00 plus 7.25 43.00 plus 7.40 43.00 plus 7.40 43.00 plus 7.40 44.00 plus 7.60 4.98%
25,001 - 50,000 For each additional 1,000 or fraction, to and including 50,000 209.75 plus 5.00 209.75 plus 5.00 218.35 plus 5.15 218.35 plus 5.15 218.35 plus 5.15 218.80 plus 5.30 3.12%
50,001 - 100,000 For each additional 1,000 or fraction, to and including
100,000 334.75 plus 3.75 334.75 plus 3.75 345.80 plus 3.85 345.80 plus 3.85 345.80 plus 3.85 351.30 plus 3.95 4.13%
100,001 and up For each additional 1,000 or fraction 522.25 plus 3.25 522.25 plus 3.25 537.80 plus 3.35 537.80 plus 3.35 537.80 plus 3.35 548.80 plus 3.45 5.03%
Plan Review Fee, Commercial (percentage of building permit fee)50%50%50%50%50%50%0.00%
Plan Review Fee, Residential (percentage of building permit fee)10%10%10%10%10%10%0.00%
Inspections outside of normal business hours*75.00 75.00 75.00 75.00 75.00 75.00 0.00%
Reinspection Fee*50.00 50.00 50.00 50.00 50.00 50.00 0.00%
Inspection for which no fee is specifically indicated*50.00 50.00 50.00 50.00 50.00 50.00 0.00%
Additional plan review required by changes, additions or revisions to
approve plans (minimum charge, one hour)*100.00 100.00 100.00 100.00 100.00 100.00 0.00%
*Or the hourly cost to the jurisdiction, whichever is greater. The cost
shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved
Contractor Registration - New and Renewal for Electrical, Mechanical,
Plumbing, Sign, Soft Water, Mover and Wrecker 100.00 100.00 100.00 100.00 100.00 100.00 0.00%
New Contractor Set up fee 100.00 100.00 100.00 100.00 100.00 100.00 0.00%
Registration card - Electrical, Mechanical, Plumbing: Master or
Journeyman 20.00 20.00 20.00 20.00 20.00 25.00 25.00%
License: Mechanical, Plumbing, Soft Water - Master 50.00 50.00 50.00 50.00 50.00 50.00 0.00%
License: Mechanical, Plumbing, Soft Water - Journeyman 25.00 25.00 25.00 25.00 25.00 25.00 0.00%
Board of Appeals application: Building, Electrical, Mechanical, Plumbing 50.00 50.00 50.00 50.00 50.00 55.00 10.00%
Board of Appeals - Review of Decision/Test Fees: Building, Electrical,
Mechanical, Plumbing 50.00 50.00 50.00 50.00 50.00 55.00 10.00%
Investigation Fee 50.00 or cost of
permit
50.00 or cost of
permit 50.00 or cost of permit 50.00 or cost of
permit
50.00 or cost of
permit
55.00 or cost of
permit 10.00%
Mobile Home Park Registration (annual)
Park with Facilities for 2 - 3 Mobile Homes 100.00 100.00 100.00 100.00 100.00 125.00 25.00%
Park with Facilities for 4 - 15 Mobile Homes 125.00 125.00 125.00 125.00 125.00 150.00 20.00%
Park with Facilities for 16 - 25 Mobile Homes 150.00 150.00 150.00 150.00 150.00 175.00 16.67%
Park with Facilities for 26 - 50 Mobile Homes 175.00 175.00 175.00 175.00 175.00 200.00 14.29%
Park with Facilities for 51 - 100 Mobile Homes 225.00 225.00 225.00 225.00 225.00 250.00 11.11%
Park with Facilities for over 100 Mobile Homes 250.00 250.00 250.00 250.00 250.00 300.00 20.00%
Mobile Sign Permit Fee for Special Event N/C N/C N/C N/C 100.00 100.00 0.00%
Mobile Sign Permit Fee for 45 days N/C N/C N/C N/C 150.00 150.00 0.00%
Temporary Buildings N/C N/C N/C N/C 100.00 100.00 0.00%
Water Well Registration (Groundwater Control Area Only)N/C N/C N/C N/C 50.00 50.00 0.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 301 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
License Agreement SEE PUBLIC SEE PUBLIC SEE PUBLIC SEE PUBLIC SEE PUBLIC SEE PUBLIC
Denial of application for license agreement WORKS WORKS WORKS WORKS WORKS WORKS
EMERGENCY MANAGEMENT
Alarm Registration Fee (yearly)110.00 110.00 110.00 110.00 110.00 125.00 13.64%
Digital Alarm Monitoring Fee (yearly-registration fee included)250.00 275.00 275.00 275.00 275.00 300.00 9.09%
False Alarms (each)115.00 115.00 115.00 115.00 115.00 120.00 4.35%
Audio Tapes (per tape, includes search costs)28.00 28.00 28.00 28.00 28.00 30.00 7.14%
Video Alarm Monitor 1750.00 1750.00 1750.00 1750.00 1750.00 1850.00 5.71%
Emergency Medical Dispatch Protocol included in billing 36.00 36.00 36.00 36.00 36.00 40.00 11.11%
Alarm Activity Report Fee 10.00 10.00 10.00 10.00 15.00 50.00%
FINANCE DEPARTMENT FEES
Returned Check Charge (All City Departments)35.00 35.00 50.00 50.00 50.00 50.00 0.00%
FIRE DEPARTMENT FEES
Gas leak calls that originate from Northwestern Energy which are found
not to be an interior leak and with no threat to life or property 165.00 165.00 165.00 190.00/hr 190.00/hr 200.00/hr 5.26%
Heavy rescue response (extrication)250.00/hr 250.00/hr Eliminate
Collision Response Fee (engine company)500.00/hr 500.00/hr Eliminate
False Alarm fee for commercial alarm systems of more than three in 12
consecutive months 165.00 165.00 165.00 165.00 165.00 180.00 9.09%
Site assessment fee open burn 100.00 100.00 100.00 200.00 200.00 220.00 10.00%
Special display fireworks permit fee 100.00 100.00 100.00 200.00 200.00 220.00 10.00%
Pyrotechnics fee 200.00 200.00 200.00 200.00 200.00 220.00 10.00%
Environmental site assessment fee 25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Inspection callback fee for code violation requiring three or more visits 50.00 50.00 50.00 50.00 50.00 60.00 20.00%
Nuisance Engine company run fee 100.00 100.00 100.00 190.00 190.00 200.00 5.26%
Copy of Fire Report 10.00 10.00 10.00 10.00 10.00 10.00 0.00%
Open Burning Permits 10.00 10.00 10.00 10.00 10.00 10.00 0.00%
Underground tank installation and/or closure fee per tank 75.00 75.00 75.00 100.00 33.33%
Underground tank inspection (once every 3 years)200.00 200.00 220.00 10.00%
Education Fees
Fire Extinguisher Class
50.00 minimum
(up to 5
students) + 10.00 for each
additional
student
50.00 minimum
(up to 5
students) + 10.00 for each
additional
student
50.00 minimum (up to 5
students) + 10.00 for each
additional student
50.00 minimum
(up to 5 students) + 10.00 for each
additional student
50.00 minimum
(up to 5 students) + 10.00 for each
additional student
75.00 minimum
(up to 5 students) + 10.00 for each
additional student
50.00%
CPR BLS Health Care Provider New (per 6 people, books not included)
Books are 12.00 each 184.00 184.00 184.00 184.00 184.00 200.00 8.70%
CPR Class Recertification (per 6 people, books are not included) Books
are 12.00 each 134.00 134.00 134.00 134.00 134.00 150.00 11.94%
HeartSaver AED (per 6 people, books not included) Books are 12.00
each 151.00 151.00 151.00 151.00 151.00 165.00 9.27%
CPR for family/friends: All ages (per 6 people, books not included)
Books are 7.50/5 books 84.00 84.00 84.00 84.00 84.00 95.00 13.10%
HeartSaver CPR, AED and First Aid (per 6 people, books not included) Books are 13.95 each 284.00 284.00 284.00 284.00 284.00 300.00 5.63%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 302 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Temporary Structures
Tents over 200 sq ft 50.00 50.00 50.00 100.00 100.00 110.00 10.00%
Canopies over 400 sq ft 50.00 50.00 50.00 100.00 100.00 110.00 10.00%
Child Care Inspection* Consultation N/A N/A N/A 50.00 50.00 60.00 20.00%
0-8 people N/A N/A N/A 40.00 40.00 50.00 25.00%
0-12 people 50.00 50.00 50.00 50.00 50.00 60.00 20.00%
13 + people 100.00 100.00 100.00 75.00 75.00 85.00 13.33%
Fire Department Patch Request Fee 5.00 5.00 5.00 5.00 5.00 Eliminate
Fire Safety Inspection FeesMajor Event Life Safety Inspection Fee 100.00 per event 100.00 per event 100.00 per event 100.00 per event 100.00 per event 125 per event 25.00%
State Fair Inspection Fee 1000.00/yr 1000.00/yr 1000.00/yr 1500.00/yr 1500.00/yr 1600.00/yr 6.67%
Hall County Fair Inspection Fee 500.00/yr 500.00/yr 250.00/yr 250.00/yr 250.00/yr 275.00/yr 10.00%
Occupancy Use Permit Fee (once every three years)Refer to fire dept
graduated scale
Refer to fire dept
graduated scale
Refer to fire dept
graduated scale
Liquor Inspection (each)*
Consumption 100.00 100.00 100.00 100.00 100.00 125.00 25.00%
Non-consumption 50.00 50.00 50.00 50.00 50.00 75.00 50.00%
Hospital, Nursing Home, Health Care (each inspection)*
50 beds or less*50.00 50.00 50.00 0.00%
51-100 beds*100.00 100.00 100.00 100.00 100.00 100.00 0.00%
101 or more beds*150.00 150.00 150.00 150.00 150.00 150.00 0.00%
Foster Care Homes*50.00 50.00 50.00 40.00 40.00 40.00 0.00%
Building Department Fee Blue Print Review, Commercial Fire Safety
(each review)25%25%25%50%50%50%0.00%
For duplicate building plans submitted within one (1) year of the
review of the original plans 20%20%20%20%20%20%0.00%
Alarm System Review 75.00 75.00 75.00 100.00 100.00 125.00 25.00%
Sprinkler System Review
$50.000/Riser
+25.00/design
area
$50.000/Riser
+25.00/design
area
$50.00/Riser
+25.00/design area
$100.00/Riser
+50.00/design
area
$100.00/Riser
+50.00/design
area
$125.00/Riser
+50.00/design
area
25.00%
Hood System Review 50.00 50.00 50.00 100.00 100.00 125.00 25.00%
Suppression System (other)50.00 50.00 50.00 100.00 100.00 125.00 25.00%
Fireworks Permit 550.00 550.00 550.00 550.00 550.00 550.00 0.00%
*Fees regulated by State of Nebraska
Standby Fees
Fire Engine//Rescue Company (3 employees + truck)165.00 per hour
2 hour minimum
165.00 per hour
2 hour minimum 190.00/hr 2 hour minimum 195.00/hr 2 hour
minimum
195.00/hr 2 hour
minimum
210.00/hr 2 hour
minimum 7.69%
Fire Safety Standby 75.00/hr 75.00/hr 75.00/hr 75.00/hr 75.00/hr 100.00/hr 33.33%
Provide Emergency Services at planned event without Ambulance 75.00 per hour 2
hour minimum
75.00 per hour 2
hour minimum
75.00 per hour 2 hour
minimum
75.00 per hour 2
hour minimum
75.00 per hour 2
hour minimum
100.00 per hour 2
hour minimum 33.33%
Ambulance (2 employees + ambulance)110.00 per hour
2 hour minimum
110.00 per hour
2 hour minimum
125.00 per hour 2 hour
minimum
125.00 per hour 2
hour minimum
125.00 per hour 2
hour minimum
140.00 per hour 2
hour minimum 12.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 303 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
AMBULANCE DIVISION
Per call BLS (Basic Life Support) for non-emergency transportation, one
way, 14.00 per mile 462.00 462.00 462.00 504.00 504.00 520.00 3.17%
Per call for BLS emergency transportation, plus mileage, one way.
14.00 per mile 740.00 740.00 740.00 807.00 807.00 832.00 3.10%
Per call for ALS (Advanced Life Support) Level 1 (ALS 1) non-
emergency service, plus mileage. One way, 14.00 per mile 555.00 555.00 555.00 605.00 605.00 624.00 3.14%
Per call for ALS Level 1 (ALS 1) emergency service, plus mileage, one
way. 14.00 per mile 878.00 878.00 878.00 958.00 958.00 988.00 3.13%
Per call for ALS Level 2 (ALS 2) Advanced care, emergency service,
plus mileage, one way. 14.00 per mile 1271.00 1271.00 1271.00 1386.00 1386.00 1430.00 3.17%
Per call for ALS emergency service when patient is not transported but
some service is rendered; (plus supplies)365.00 365.00 365.00 365.00 365.00 400.00 9.59%
Additional Attendant 221.00 221.00 221.00 221.00 221.00 250.00 13.12%
Specialty Care Transport 803.00 803.00 803.00 N/A N/A N/A
Mileage Fee, per patient mile 14.00 14.00 14.00 17.00 17.00 20.00 17.65%
Lift Assist call to Care Facility 85.00 85.00 85.00 85.00 85.00 100.00 17.65%
Transportation for Flight Crew from Airport to Hospital and Back 300.00 Per
Round Trip
300.00 Per
Round Trip 300.00 Per Round Trip 300.00 Per Round
Trip
300.00 Per Round
Trip
350.00 Per
Round Trip 16.67%
PARAMEDIC SERVICE RATES
Oxygen 53.00 53.00 53.00 53.00 53.00 59.00 11.32%
O.B. Kits 17.00 17.00 17.00 17.00 17.00 20.00 17.65%
Splints (air and/or hare traction)22.00 22.00 22.00 22.00 22.00 26.00 18.18%
Spinal Immobilization 86.00 86.00 86.00 86.00 86.00 95.00 10.47%
Advanced Airway 131.00 131.00 131.00 131.00 131.00 150.00 14.50%
IV1 (if single IV is started)51.00 51.00 51.00 51.00 51.00 56.00 9.80%
IV2 (multiple IV's started)86.00 86.00 86.00 86.00 86.00 95.00 10.47%
Bandages 12.00 12.00 12.00 12.00 12.00 15.00 25.00%
Combo Pad 46.00 46.00 46.00 46.00 46.00 50.00 8.70%
Resq Pod 100.00 100.00 100.00 N/A N/A N/A
Bone drill 110.00 110.00 110.00 110.00 110.00 125.00 13.64%
Suction 12.00 12.00 12.00 12.00 12.00 15.00 25.00%
LIBRARY
Overdue charge on Library Materials (per item per day).15 Juvenile .30
Adult
.15 Juvenile .30
Adult .15 Juvenile .30 Adult .15 Juvenile .30
Adult
.15 Juvenile .30
Adult
.15 Juvenile .30
Adult 0.00%
Interlibrary loan per item (plus postage)2.00 2.00 2.00 2.00 2.00 3.50 75.00%
Photocopy/Computer Print (mono, 8 1/2"x11" or 14")0.10 0.10 0.10 0.10 0.10 0.10 0.00%
Photocopy/Computer Print (mono, 11"x17")0.25 0.25 0.25 0.25 0.25 0.25 0.00%
Photocopy/Computer Print (color, 8 1/2"x11")0.75 0.75 0.75 0.75 0.75 0.75 0.00%
Photocopy/Computer Print (color, 8 1/2"x14")1.00 1.00 1.00 1.00 1.00 1.00 0.00%
Photocopy/Computer Print (color, 11"x17")1.50 1.50 1.50 1.50 1.50 1.50 0.00%
Microform Reader-printer copy 0.50 0.50 0.50 0.50 0.50 0.50 0.00%
Replacement Fee for Lost ID Card 1.00/card 1.00/card 1.00/card 1.00/card 1.00/card 1.00/card
Processing Fee for Lost Material Replacement
Cost
Replacement
Cost Replacement Cost Replacement
Cost
Replacement
Cost
Replacement
Cost
The Fire Chief is authorized to negotiate ambulance fees based on insurance agreements, medicare and medicaid maximum allowable charges or when
its in the best interest of the City.
Mayor and Council have established fees for certain medical supplies used for ambulance calls based on prices currently charged by Saint Francis Medical
Center. The Fire Chief is authorized to adjust prices and add or delete products as necessary.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 304 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
FAX Services
Outgoing - Staff assisted - U.S. only 1st page 3.00 1st page 3.00 1st page 3.00 1st page 3.00 1st page 3.00 1st page 3.00 0.00%
additional pages
1.50
additional pages
1.50 additional pages 1.50 additional pages
1.50
additional pages
1.50
additional pages
1.50 0.00%
Incoming - Staff assisted 1st page 2.00 1st page 2.00 1st page 2.00 1st page 2.00 1st page 2.00 1st page 2.00 0.00%
additional pages
1.00
additional pages
1.00 additional pages 1.00 additional pages
1.00
additional pages
1.00
Additional pages
1.00 0.00%
Outgoing - Self service (Credit/Debit) - U.S.1st page 1.75 1st page 1.75 1st page 1.75 1st page 1.75 1st page 1.75 1st page 1.75 0.00%
additional pages
1.00
additional pages
1.00 additional pages 1.00 additional pages
1.00
additional pages
1.00
Additional pages
1.00 0.00%
Outgoing - Self service (Credit/Debit) - International 1st page 3.95 1st page 3.95 1st page 3.95 1st page 3.95 1st page 3.95 1st page 3.95 0.00%
additional pages
3.45
additional pages
3.45 additional pages 3.45 additional pages
3.45
additional pages
3.45
additional pages
3.45 0.00%
Non-Resident Annual Card Fee 40.00 40.00 40.00 40.00 40.00 40.00 0.00%
Non Resident 3 Month Card Fee 10.00 10.00 10.00 10.00 10.00 10.00 0.00%
Purchase of computer thumb drive 10.00 10.00 10.00 5.00 5.00 5.00 0.00%
Purchase of computer head phones 1.00 1.00 1.00 1.00 1.00 1.00 0.00%
Makerspace Non-Program Library Supplies - NEW 3-D Printer filament (per gram)0.10 0.10
Cricut Machine library-supplied 8 1/2"x11" paper (per sheet)0.10 0.10
Cricut Machine library-supplied 8 1/2"x11" card stock (per sheet)0.30 0.30
Thermal Laminating (per pouch)
Bookmark/Index/ID Card 0.15 0.15
Letter size 0.20 0.20
Legal size 0.40 0.40
Button Maker (per button)
Small (1")0.10 0.10
Large (2.25")0.15 0.15
Plotter/Large Format Printer/Vinyl Cutter (per foot)2.50 2.50
Laser Cutter/Engraver (per piece) Cork - 4" round or square 0.45 0.45
Glassware 1.50 1.50
Wood - 1/8” thick 8” x 8”1.00 1.00
10" x 10"1.15 1.15
12" x 12"1.50 1.50
Wood - 1/4” thick
12" x 12"2.50 2.50
PARKS AND RECREATION DEPARTMENTCEMETERY DIVISION
Open/Close Grave (per burial) **oversize vault - add $150.00**
Urn Vault over 16" x 16" - Add $50.00Adult 600.00 600.00 700.00 750.00 750.00 800.00 6.67%
Child 250.00 250.00 300.00 310.00 310.00 325.00 4.84%
Ashes 200.00 200.00 250.00 260.00 260.00 275.00 5.77%
Columbarium 200.00 205.00 205.00 225.00 9.76%
Saturday Open/Close (per burial)Adult 800.00 800.00 800.00 850.00 850.00 900.00 5.88%
Child 300.00 300.00 340.00 350.00 350.00 375.00 7.14%
Ashes 300.00 300.00 285.00 300.00 300.00 375.00 25.00%
Columbarium 230.00 235.00 235.00 250.00 6.38%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 305 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Burial Space
One 600.00 600.00 700.00 750.00 750.00 800.00 6.67%
Two 1200.00 1200.00 1400.00 1500.00 1500.00 1600.00 6.67%
One-Half Lot (4 or 5 spaces)2400.00 2400.00 2800.00 3000.00 3000.00 3200.00 6.67%
Full Lot (8 or 10 spaces)4800.00 4800.00 5600.00 6000.00 6000.00 6400.00 6.67%
Babyland 150.00 150.00 150.00 155.00 155.00 160.00 3.23%
Cremation Space - Section J 250.00 250.00 300.00 350.00 350.00 400.00 14.29%
Transfer Deed (each new deed)40.00 40.00 50.00 50.00 50.00 60.00 20.00%
Columbarium 12x12 Niche - Single 600.00 625.00 625.00 650.00 4.00%
Columbarium 12x12 Niche - Double 800.00 825.00 825.00 850.00 3.03%
Columbarium Emblem Engraving 25.00
Burial Space w/flat markers in Section J
One 550.00 550.00 600.00 625.00 625.00 650.00 4.00%
Two 1100.00 1100.00 1200.00 1250.00 1250.00 1300.00 4.00%
One-half lot (4-5 spaces)2200.00 2200.00 2400.00 2500.00 2500.00 2600.00 4.00%
Full lot (8-10 spaces)4400.00 4400.00 4800.00 5000.00 5000.00 5200.00 4.00%
Cremation Space 250.00 250.00 300.00 325.00 325.00 400.00 23.08%
Headstone Flagging Fee 25.00 25.00 35.00 35.00 40.00 14.29%
RECREATION DIVISION
The Parks and Recreation Director shall establish fees for
miscellaneous merchandise sales, tournament and league play and
special events and promotions
Sports League/Tournaments - Per Team
$100.00 -
250.00 per
session
$100.00 -
250.00 per
session
$100.00 - 550.00 per
session
$100.00 - 650.00
per session
$100.00 - 650.00
per session
$125.00 - 650.00
per session 25.00%
Playground & miscellaneous Programs & camps 0-100.00 0-100.00 0-100.00 0-100.00 0-100.00 25.00-100.00
Kinder camp & Playground Pals 10.00 per
participant
10.00 per
participant 10.00 per participant 10.00 per
participant
10.00 per
participant
12.00 per
participant 20.00%
Authorized Provider Red Cross Courses $25 - $200 $25 - $200 $25 - $200 30 - 200 20.00%
Stolley Park Picnic Shelter (1/2 day)25.00 25.00 25.00 25.00 30.00 30.00 0.00%
Stolley Park Picnic Shelter (all day)50.00 50.00 50.00 50.00 60.00 60.00 0.00%
Stolley Park Kitchen (1/2 day)25.00 25.00 25.00 25.00 30.00 30.00 0.00%
Stolley Park Kitchen (all day)50.00 50.00 50.00 50.00 60.00 60.00 0.00%
Athletic Field Rental (per field)50.00 50.00 50.00 50.00 50.00 55.00 10.00%
Athletic Field Preparation (1 time) per field 50.00 50.00 50.00 50.00 50.00 55.00 10.00%
Athletic Field Preparation Additional services per field 25.00-200.00 25.00-200.00 25.00-200.00 25.00-200.00 25.00-200.00 30.00-200.00 20.00%
Youth league per field per day 30.00 30.00 30.00 30.00 15.00 15.00 0.00%
Adult/Select team league per field per day 50.00 50.00 50.00 50.00 35.00 35.00 0.00%
Online reservation practice time per field 10.00/hour 10.00/hour 10.00/hour 10.00/hour 10.00/hour 12.00/hour 20.00%
Soccer Recreational League Field Setup Fee per field 90.00 100.00 11.11%
Soccer Select and Adult League Field Setup Fee per field 150.00 165.00 10.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 306 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
AQUATICS
The Parks and Recreation Director shall establish fees for
miscellaneous merchandise sales, tournament and league play and
special events and promotions
Lincoln Pool
Daily Fees - ages 4 & under w/paying adult Free Free Free Free Free Free 0.00%
Daily Fees - ages 5 to 15 3.00 3.00 3.00 3.00 3.00 3.00 0.00%
Daily Fees - ages 16 to 54 4.00 4.00 4.00 4.00 4.00 4.00 0.00%
Daily Fees - ages 55 & Over 3.00 3.00 3.00 3.00 3.00 3.00 0.00%
Lincoln Swimming Lessons per person/per session 25.00 25.00 30.00 30.00 30.00 35.00 16.67%
Season Passes Ages 4 and under free free free free free Free 0.00%
Youth ages 5-15 40.00 40.00 40.00 40.00 40.00 45.00 12.50%
Adult ages 16-54 50.00 50.00 50.00 50.00 50.00 55.00 10.00%
Senior age 55+40.00 40.00 40.00 40.00 40.00 45.00 12.50%
Single parent family 90.00 90.00 90.00 90.00 90.00 95.00 5.56%
Family 115.00 115.00 115.00 115.00 115.00 125.00 8.70%
Private Pool Rental 115.00 per hour 125.00 per hour 150.00 per hour 150.00 per hour 150.00 per hour 175.00 per hour 16.67%
WATER PARK
Locker/Life Jacket Rental
2.00/daily 3.00
deposit or
driver's license
2.00/daily 3.00
deposit or
driver's license
2.00/daily 3.00 deposit or
driver's license
2.00/daily 3.00
deposit or driver's
license
2.00/daily 3.00
deposit or driver's
license
3.00/daily 2.00
deposit or driver's
license
50.00%
Inner Tube Rental - Single 3.00/daily 1.00
deposit
3.00/daily 1.00
deposit 3.00/daily 1.00 deposit 3.00/daily 1.00
deposit
3.00/daily 1.00
deposit
4.00/daily 1.00
deposit 33.33%
Inner Tube Rental - Double 4.00/daily 1.00
deposit
4.00/daily 1.00
deposit 4.00/daily 1.00 deposit 4.00/daily 1.00
deposit
4.00/daily 1.00
deposit
5.00/daily 1.00
deposit 25.00%
Daily Fees
Children age 4 & under w/paying adult Free Free Free Free Free Free 0.00%
Children ages 5 to 15 7.00 7.00 7.00 7.00 7.00 8.00 14.29%
Adults ages 16 to 54 8.00 8.00 8.00 8.00 8.00 9.00 12.50%
Adults age 55 and over 7.00 7.00 7.00 7.00 7.00 8.00 14.29%
Family One Day Pass (Family includes two adults and up to four
children)24.00 24.00 24.00 24.00 24.00 30.00 25.00%
Season Passes
Children ages 5 to 15 75.00 75.00 75.00 75.00 75.00 80.00 6.67%
Adults ages 16 to 54 85.00 85.00 85.00 85.00 85.00 90.00 5.88%
Adults age 55 and over 75.00 75.00 75.00 75.00 75.00 80.00 6.67%
Husband or Wife and Family 160.00 160.00 160.00 160.00 160.00 170.00 6.25%
Family 190.00 190.00 190.00 190.00 190.00 200.00 5.26%
Replace Season Pass 5.00 5.00 5.00 5.00 5.00 10.00 100.00%
Gold Season Passes
Children ages 5 - 15 95.00 95.00 95.00 95.00 95.00 100.00 5.26%
Adults age 16 to 54 105.00 105.00 105.00 105.00 105.00 110.00 4.76%
Adults age 55 and over 95.00 95.00 95.00 95.00 95.00 100.00 5.26%
Husband or Wife and Family 200.00 200.00 200.00 200.00 200.00 210.00 5.00%
Family 235.00 235.00 235.00 235.00 235.00 250.00 6.38%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 307 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Group Fees - Age Group
10-29 people 5 to 15 6.75 6.75 6.75 6.75 6.75 7.00 3.70%
10-29 people 16 to 54 7.75 7.75 7.75 7.75 7.75 8.00 3.23%
10-29 people 55 and over 6.75 6.75 6.75 6.75 6.75 7.00 3.70%
30-59 people 5 to 15 6.50 6.50 6.50 6.50 6.50 6.75 3.85%
30-59 people 16 to 54 7.50 7.50 7.50 7.50 7.50 8.00 6.67%
30-59 people 55 and over 6.50 6.50 6.50 6.50 6.50 6.75 3.85%
60+ people 5 to 15 6.25 6.25 6.25 6.25 6.25 6.50 4.00%
60+ people 16 to 54 7.25 7.25 7.25 7.25 7.25 7.50 3.45%
60+ people 55 and over 6.25 6.25 6.25 6.25 6.25 6.50 4.00%
Consignment Program - Island Oasis
Age 5-15 5.50 5.50 5.50 5.50 5.50 5.75 4.55%
Age 16-55 6.50 6.50 6.50 6.50 6.50 6.75 3.85%
55 - Over 5.50 5.50 5.50 5.50 5.50 5.75 4.55%
Family 22.00 22.00 22.00 22.00 22.00 25.00 13.64%
Pool Rental
425.00/1 hr
includes use of
inner tubes
425.00/1 hr
includes use of
inner tubes
475.00/1 hr includes use
of inner tubes
475.00/1 hr
includes use of
inner tubes
475.00/1 hr
includes use of
inner tubes
500.00/1 hr
includes use of
inner tubes
5.26%
All day facility rental 12:00 - 9:00 pm 15000.00 15000.00 15000.00 15000.00 15000.00 15000.00 0.00%
Swimming Lessons 25.00 per
session
25.00 per
session 30.00 per session 30.00 per session 30.00 per session 35.00 per session 16.67%
Souvenir Stand items 1.00-20.00 1.00-20.00 1.00-20.00 1.00-20.00 1.00-20.00 2.00-20.00 100.00%
Concession Stand Items .50-15.00 .50-15.00 .50-15.00 .50-15.00 .50-15.00 1.00-15.00 100.00%
GOLF COURSE
The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play and
special events and promotions.
Weekday Golfing
9 holes - Seniors 55 and older 13.00 13.00 13.50 14.00 14.00 14.50 3.57%
18 holes - Seniors 55 and older 19.00 19.00 19.75 20.50 20.50 21.00 2.44%
9 holes 15.00 15.00 15.50 16.00 16.00 16.50 3.13%
Additional 9 holes 6.00 6.00 6.25 6.50 6.50 7.00 7.69%
18 holes 21.00 21.00
Junior Golf-9 holes 10.00 10.00 10.50 11.00 11.00 11.50 4.55%
Junior Golf-18 holes 16.00 16.00 16.75 17.50 17.50 18.00 2.86%
9 holes weekend/holidays 17.75 18.50 18.50 19.00 2.70%
18 holes weekend/holidays 17.00 17.00 24.00 25.00 25.00 27.00 8.00%
Ages 15 and under w/ a paying adult 2.80 2.80 2.80 5.00 78.57%
9 Hole Twilight Rate w/cart 15.00 15.00 18.00 20.00%
Passes (annual) Purchased from December 1 through January 31
Adult Seven Day 490.00 490.00 510.00 530.00 530.00 550.00 3.77%
Additional Family Member 215.00 215.00 224.00 233.00 233.00 245.00 5.15%
Family Pass 705.00 705.00 733.00 762.00 762.00 775.00 1.71%
Adult Five Day Pass (Mon-Fri only)370.00 370.00 385.00 400.00 400.00 425.00 6.25%
Junior/Student 7 day pass includes full time college students 155.00 155.00 161.00 192.00 192.00 205.00 6.77%
Senior 7 Day Pass (55 & Older)285.00 285.00 296.00 333.00 333.00 350.00 5.11%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 308 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Passes (annual) Purchased from February 1 through June 30
Adult Seven Day 545.00 545.00 567.00 590.00 590.00 610.00 3.39%
Additional Family Member 240.00 240.00 250.00 260.00 260.00 270.00 3.85%
Family Pass 785.00 785.00 816.00 849.00 849.00 880.00 3.65%
Adult Five Day Pass (Mon-Fri only)410.00 410.00 426.00 443.00 443.00 465.00 4.97%
Junior/Student 7 day pass includes full time college students 170.00 170.00 177.00 209.00 209.00 220.00 5.26%
Senior 7 Day Pass (55 & Older)315.00 315.00 328.00 366.00 366.00 385.00 5.19%
Golf Car Pass, per rider 495.00 515.00 515.00 535.00 3.88%
Passes (annual) Purchased from July 1 through November 30
Adult Seven Day 272.50 272.50 283.00 295.00 295.00 305.00 3.39%
Additional Family Member 120.00 120.00 125.00 130.00 130.00 135.00 3.85%
Family Pass 392.50 392.50 408.00 424.00 424.00 440.00 3.77%
Adult Five Day Pass (Mon-Fri only)205.00 205.00 213.00 222.00 222.00 235.00 5.86%
Junior/Student 7 day pass includes full time college students 85.00 85.00 88.00 117.00 117.00 125.00 6.84%
Senior 7 Day Pass (55 & Older)157.50 157.50 163.00 195.00 195.00 205.00 5.13%
Golf Car Pass, per rider 258.00 258.00 270.00 4.65%
Capital Maintenance Fee (included in daily green fee)(collected from
each player per round played by an individual possessing a season
pass)
2.80 2.80 2.80 2.80 2.80 3.25 16.07%
Cart Rental
9 holes, per rider 10.00 10.00 10.50 11.00 11.00 11.50 4.55%
18 holes, per rider 15.00 15.00 15.50 16.00 16.00 16.50 3.13%
Golf Cart Punch Cards - 9 holes 125.00 125.00 130.00 135.00 135.00 140.00 3.70%
Golf Cart Punch Cards - 18 holes 195.00 195.00 203.00 211.00 211.00 220.00 4.27%
Ages 15 and under with paying adult No Cost No Cost No Cost
Group Fees/Discount Booklets
25 - Rounds 425.00 425.00 442.00 460.00 460.00 475.00 3.26%
50 - Rounds 800.00 800.00 832.00 865.00 865.00 900.00 4.05%
Green Fee Discounts for large groups
25-49 people 5%5%5%5%5%5.0%0.00%
50-100 people 10%10%10%10%10%10.0%0.00%
Over 100 people 15%15%15%15%15%15.0%0.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 309 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
HEARTLAND PUBLIC SHOOTING PARK
Archery (Adult) Practice range 5.00 5.00 5.00 7.50 7.50 7.75 3.33%
Archery (Youth) Practice range 2.50 2.50 2.50 5.00 5.00 5.25 5.00%
Archery (Adult) 3D Short Course 15.00 15.00 15.00 15.00 15.00 15.50 3.33%
Archery (Adult) 3D Long Course 20.00 20.00 20.50 2.50%
Archery (Youth) 3D Short Course 8.00 8.00 8.00 8.00 8.00 9.00 12.50%
Archery (Youth) 3D Long Course 10.00 10.00 11.00 10.00%
Archery Family Annual Pass 225.00 225.00 225.00 225.00 235.00 4.44%
Archery Adult Annual Pass 130.00 130.00 130.00 130.00 140.00 7.69%
Archery Youth Annual Pass 70.00 70.00 70.00 70.00 80.00 14.29%
Archery Punch Card: 6 visits short course 75.00 75.00 80.00 6.67%
Archery Punch Card: 6 visits long course 100.00 100.00 105.00 5.00%
Adult Skeet/trap per round (25 targets/round) 6.50 6.50 6.50 6.75 6.75 7.00 3.70%
Skeet/Trap - Youth Rate (age 18 & under) 5.00 5.00 5.00 5.25 5.25 5.50 4.76%
Skeet/Trap Punch Card rate - 12 rounds @ 6.67/round 72.75 72.75 72.75 75.75 75.75 78.75 3.96%
Adult Sporting Clays per round (50 targets/round) 18.50 18.50 18.50 19.00 19.00 19.50 2.63%
Adult Sporting Clays per round (100 targets/round) 33.50 33.50 33.50 34.50 34.50 35.50 2.90%
Sporting Clays - Punch Card rate - 6 rounds @ 18.33/round 100.00 100.00 100.00 103.00 103.00 106.00 2.91%
Youth Sporting Clays per round (50 target/round)13.50 13.50 13.50 14.00 14.00 14.50 3.57%
Youth Sporting Clays per round (100 target/round)27.00 27.00 27.00 28.00 28.00 29.00 3.57%
Counters - Trap/Skeet (per target)0.20 0.20 0.20 0.21 0.21 0.25 19.05%
Counters - Sporting clays (per target)0.30 0.30 0.30 0.31 0.31 0.32 3.23%
Adults 5 Stand per round (25 targets/round)7.25 7.25 7.25 7.50 7.50 7.75 3.33%
Youth 5 Stand per round (25 targets/round)5.25 5.25 5.25 5.50 5.50 5.75 4.55%
Daily fee Rifle/Handgun Adult per hour 11.00 11.00 11.00 12.00 12.00 12.75 6.25%
Daily fee Rifle/Handgun Adult per day 15.00 15.00 16.00 6.67%
Daily fee Rifle/Handgun Youth 6.00 6.00 6.00 7.50 7.50 8.00 6.67%
3D Archery Short Range Punch Card (6 days)51.00 51.00 51.00 75.00 75.00 80.00 6.67%
3D Archery Long Range Punch Cards (6 days)100.00 100.00 105.00 5.00%
Family Pass Rifle/Handgun (12 months)175.00 175.00 175.00 195.00 195.00 200.00 2.56%
Rifle Range Rental w/o RSO (Law Enforcement per day)100.00 100.00 100.00 105.00 105.00 110.00 4.76%
Rifle Range Rental with RSO (Law Enforcement per day)200.00 200.00 200.00 210.00 210.00 220.00 4.76%
Rifle Range Rental w/o RSO (Business Rate per day)500.00 500.00 500.00 525.00 525.00 550.00 4.76%
Rifle Range Rental with RSO (Business Rate per day)600.00 600.00 600.00 630.00 630.00 655.00 3.97%
Golf Cart Rental per round (per rider)5.00 5.00 5.00 7.00 7.00 8.00 14.29%
Golf Cart Rental per half day 25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Golf Cart Rental per day (4 rider limit)50.00 50.00 50.00 50.00 50.00 60.00 20.00%
Range time for Instructors with staff 5 per student minimum charge 20.00 20.00 20.00 21.00 21.00 22.00 4.76%
Range time for Instructors without staff per student with no minimum 15.00 15.00 15.00 15.75 15.75 16.00 1.59%
Classroom Rental (Shooting Sports Educational per day)100.00 100.00 100.00 105.00 105.00 110.00 4.76%
Classroom Rental (Business Rate per day)200.00 200.00 200.00 210.00 210.00 225.00 7.14%
Classroom Rental with associated shooting event N/C N/C N/C N/C N/C N/C 0.00%
Camping with electricity/water (per night)25.00 25.00 30.00 35.00 35.00 37.00 5.71%
Camping during events (per night)45.00 45.00 47.00 4.44%
Camping for Youth no water/electricty (per night)5.00 5.00 5.00 0.00%
Camping no water/electricity (per night)5.00 5.00 5.00 10.00 10.00 12.50 25.00%
Off hours Law enforcement training (annual)1700.00 1700.00 1700.00 1785.00 1785.00 1850.00 3.64%
High School team practice (per target)0.14 0.14 0.14 0.15 0.15 0.16 6.67%
**HPSP reserves the right to adjust trap, skeet and sporting clay
fee's in relation to clay target costs**
The Parks & Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play and special events and promotions.
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 310 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Stolley Park Train
Individual Rates
Ages 2 and under w/paying adult Free Free Free Free Free FreeSingle rider (4 and over)2.00 2.00 2.00 2.00 3.00 3.00 0.00%
10 Ride Punch Card 17.50 17.50 17.50 17.50 17.50 20.00 14.29%
25 Ride Punch Card 37.50 37.50 37.50 37.50 37.50 50.00 33.33%
50 Ride Punch Card 62.50 62.50 62.50 62.50 62.50 75.00 20.00%
Unlimited rides 100.00/hour 100.00/hour 100.00/hour 100.00/hour 100.00/hour 150.00/hour 50.00%
Group Rates
10 to 24 Riders 1.75 each 1.75 each 1.75 each 1.75 each 1.75 each Eliminate
25 - 49 Riders 1.50 each 1.50 each 1.50 each 1.50 each 1.50 each Eliminate
50 + Riders 1.25 each 1.25 each 1.25 each 1.25 each 1.25 each Eliminate
Community Fieldhouse
Admission & Rental Prices
Drop In:
Children under 2 Free Free Free Free Free Free
Children (2-4)2.00 2.00 2.00 2.00 2.00 2.25 12.50%
Youth (5-15) & Seniors (55 & older)3.00 3.00 4.00 4.00 4.00 5.00 25.00%
Adults (16-54)5.00 5.00 6.00 6.00 6.00 6.25 4.17%
Student Pass Discount (Ages 16 and over w/student ID)4.00 4.00 5.00 5.00 5.00 5.25 5.00%
City League Families "Game Night" & Before 5 pm Mon - Fri
Children under 2 Free Free Free Free Free Eliminate
Children (2-4)1.00 1.00 1.00 1.00 1.00 Eliminate
Youth (5-18) & Seniors (55 & older)2.00 2.00 3.00 3.00 3.00 Eliminate
Student Pass (Ages 16 and over w/student ID)4.00 4.00 4.00 EliminateAdults4.00 4.00 5.00 5.00 5.00 Eliminate
(use of entire facility as long as area not previously reserved)
Rental (Hourly)
Full Turf Field (Primary hours)110.00 110.00 110.00 110.00 110.00 115.00 4.55%
Full Turf Field (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00 - 12:00 80.00 80.00 80.00 82.00 82.00 86.00 4.88%
Full Turf Field Tournament (6 hour minimum)70.00/hr 70.00/hr 70.00/hr 72.00/hr 72.00/hr 75.00/hr 4.17%
Half Turf Field (Primary hours)60.00 60.00 60.00 60.00 60.00 65.00 8.33%
Half Turf Field Tournament (6 hour minimum)35.00/hr 35.00/hr 35.00/hr 39.00/hr 39.00/hr 41.00/hr 5.13%
Half Turf Field (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00-12:00 40.00 40.00 40.00 45.00 45.00 47.00 4.44%
Basketball Court (Primary hours)30.00 30.00 30.00 30.00 30.00 32.00 6.67%
Basketball Court (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00-12:00 20.00 20.00 20.00 22.00 22.00 23.00 4.55%
Basketball Court Tournament (6 hour minimum)15.00/hr 15.00/hr 15.00/hr 19.00/hr 19.00/hr 20.00 5.26%
Volleyball Court (Primary hours)20.00 20.00 20.00 20.00 20.00 22.00 10.00%
Volleyball Court (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00-12:00 15.00 15.00 15.00 15.00 15.00 17.00 13.33%
Volleyball Court Tournament (6 hour minimum)10.00/hr 10.00/hr 10.00/hr 13.00/hr 13.00/hr 15.00/hr 15.38%
Batting Cage Rental
Hour 25.00 25.00 25.00 25.00 25.00 28.00 12.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 311 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
League Fees:
Per Individual Leagues 15.00-120.00 15.00-120.00 15.00-120.00 15.00-120.00 15.00-120.00 20.00-125.00 37.50%
Per Team Leagues 190.00-600.00 190.00-600.00 100.00-600.00 100.00-650.00 100.00-650.00 110.00-650.00 10.00%
Small meeting room 15.00/hr 15.00/hr 15.00/hr 15.00/hr 15.00/hr 17.50/hr 16.67%
Kitchen/large room 30.00/hour 30.00/hour 30.00/hour 30.00/hour 30.00/hour 32.00/hr 6.67%
Birthday Party pkg #1: Half field rental/room rental, up to 20 children
($3.00 per additional child)80.00/hour 80.00/hour 80.00-250.00 80.00-250.00 80.00-250.00 84.00-260.00 9.00%
Bouncer rental 20.00/hour 20.00/hour 20.00/hour 20.00/hour 20.00/hour 22.00/hour 10.00%
Facility rental (before or after hours)150.00/hour 150.00/hour 150.00/hour 150.00/hour 150.00/hour 165.00/hour 10.00%
Overnight Lock in Package 600.00 600.00 600.00 600.00 600.00 630.00 5.00%
Clinics/camps/tournaments 10.00 - 500.00 10.00 - 500.00 10.00 - 600.00 10.00 - 600.00 10.00 - 600.00 15.00-625.00 54.17%
Season Passes for Fieldhouse (October thru April)Toddler Pass (ages 2-4)44.00 44.00 46.00 46.00 46.00 48.00 4.35%
Youth Pass (5-15)66.00 66.00 70.00 70.00 70.00 73.00 4.29%
Student Pass (Ages 16 and over w/student ID)88.00 88.00 92.00 92.00 92.00 96.00 4.35%
Adult Pass (16-54)110.00 110.00 115.00 115.00 115.00 120.00 4.35%
Senior (55+)66.00 66.00 70.00 70.00 70.00 73.00 4.29%
Season Passes for Fieldhouse (January thru April)
Toddler Pass (ages 2-4)28.00 28.00 29.00 29.00 29.00 30.00 3.45%
Youth Pass (ages 5-15)39.00 39.00 41.00 41.00 41.00 43.00 4.88%
Student Pass (ages 16 and over w/student ID)50.00 50.00 52.00 52.00 52.00 54.00 3.85%
Adult Pass (ages 16-54)61.00 61.00 64.00 64.00 64.00 67.00 4.69%
Senior (55+)39.00 39.00 41.00 41.00 41.00 43.00 4.88%
10 Visit Punch Card
Toddler (age 2-4) with supervising adult 15.00 15.00 Free Free Free 0.00%
Youth (age 5-15)25.00 25.00 35.00 35.00 35.00 37.00 5.71%
Student (ages 16 and over w/student ID)35.00 35.00 45.00 45.00 45.00 47.00 4.44%
Adult (ages 16-54)45.00 45.00 55.00 55.00 55.00 58.00 5.45%
Senior (age 55+)25.00 25.00 35.00 35.00 35.00 37.00 5.71%
Planning
Zoning
Zoning Map Amendment: Grand Island 800.00 800.00 800.00 850.00 850.00 850.00 0.00%
Ordinance Amendment 800.00 800.00 800.00 850.00 850.00 850.00 0.00%
CD, RD, TD Rezoning, Grand Island 800.00 800.00 800.00 850.00 850.00 850.00 0.00%
Subdivisions
Preliminary Plat 400.00 plus
15.00/lot
400.00 plus
15.00/lot 400.00 plus 15.00/lot 400.00 plus
15.00/lot
400.00 plus
15.00/lot
450.00 plus
15.00/lot 12.50%
Final Plat - Administrative Approval
Grand Island 50.00 50.00 50.00 50.00 50.00 55.00 10.00%
Final Plat
Grand Island Jurisdiction 420.00 plus
10.00/lot
420.00 plus
10.00/lot 420.00 plus 10.00/lot 420.00 plus
10.00/lot
420.00 plus
10.00/lot
470.00 plus
10.00/lot 11.90%
Vacation of Plat 250.00 250.00 250.00 250.00 250.00 275.00 10.00%
Lots more than 10 acres
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 312 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Comprehensive Plan
Map Amendment 800.00 800.00 800.00 850.00 850.00 850.00 0.00%
Text Amendment 800.00 800.00 800.00 850.00 850.00 850.00 0.00%
PublicationsGrand Island Street Directory 15.00 15.00 15.00 15.00 15.00 18.00 20.00%
Comprehensive Plan
Grand Island 85.00 85.00 85.00 85.00 85.00 100.00 17.65%
Other Municipalities 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Zoning OrdinancesGrand Island 30.00 30.00 30.00 30.00 30.00 35.00 16.67%
Other Municipalities 30.00 30.00 30.00 30.00 30.00 35.00 16.67%
Subdivision regulations
Grand Island 20.00 20.00 20.00 30.00 30.00 35.00 16.67%
Other Municipalities 20.00 20.00 20.00 30.00 30.00 35.00 16.67%
Grand Island
800 Scale Zoning Map Unassembled 125.00 125.00 125.00 125.00 125.00 150.00 20.00%
Generalized Zoning Map 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Future Land Use Map 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Grand Island Street Map 15.00 15.00 15.00 15.00 15.00 20.00 33.33%
Hall County
Zoning Map Generalized 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Zoning Map 2" = 1 mile 90.00 90.00 90.00 90.00 90.00 100.00 11.11%
Road Map 15.00 15.00 15.00 15.00 15.00 20.00 33.33%
Wood River, Cairo, Doniphan, AldaBasemap 10.00 10.00 10.00 10.00 10.00 15.00 50.00%
Zoning Map 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Other Maps
School District Maps 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Election District Maps 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Fire District Maps 60.00 60.00 60.00 60.00 60.00 75.00 25.00%
Custom Printed Maps 15.00/sq ft in 15.00/sq ft in 15.00/sq ft in 15.00/sq ft in 15.00/sq ft in 20.00/sq ft in
Electronic Publications
GIS Data CD 100.00 100.00 100.00 100.00 100.00 125.00 25.00%
Aerial Photograph CD (MrSID Format)100.00 100.00 100.00 100.00 100.00 125.00 25.00%
Comprehensive Plans All Jurisdictions 100.00 100.00 100.00 100.00 100.00 125.00 25.00%
Zoning and Subdivision Regulations All Jurisdictions 50.00 50.00 50.00 50.00 50.00 75.00 50.00%
Custom PDF Map 25.00/ 1/2 hr 25.00/ 1/2 hr 25.00/ 1/2 hr 25.00/ 1/2 hr 25.00/ 1/2 hr 30.00/ 1/2 hr 20.00%
Research & Documentation Fee 150.00/hr
Minimum 2 hr
150.00/hr
Minimum 2 hr 150.00/hr Minimum 2 hr 150.00/hr
Minimum 2 hr
150.00/hr
Minimum 2 hr
175.00/hr
Minimum 2 hr 16.67%
Flood Plane
Letter of Map Interpretation 20.00 20.00 20.00 20.00 20.00 25.00 25.00%
Review and Submission of LOMR 50.00 50.00 50.00 50.00 50.00 60.00 20.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 313 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
POLICE DEPARTMENT
Copy of Public Record Reports/Walk in
2.00/1-5 pages,
1.00 each add'l
5 pages in 5
page increments
2.00/1-5 pages,
1.00 each add'l
5 pages in 5
page increments
2.00/1-5 pages, 1.00 each
add'l 5 pages in 5 page
increments
3.00/1-5 pages,
1.00 each add'l 5
pages in 5 page
increments
3.00/1-5 pages,
1.00 each add'l 5
pages in 5 page
increments
$5.00 per report
up to 10 pages,
then $1 each
add'l 5 pages in 5 page increments
6.67%
Copy of Public Record Reports/Mail or Fax
4.00/1-5 pages,
1.00 for each
add'l 5 pages in
5 page
increments
4.00/1-5 pages,
1.00 for each
add'l 5 pages in
5 page
increments
4.00/1-5 pages, 1.00 for each add'l 5 pages in 5
page increments
5.00/1-5 pages,
1.00 for each
add'l 5 pages in 5
page increments
5.00/1-5 pages,
1.00 for each
add'l 5 pages in 5
page increments
$10.00 per report
up to 10 pages,
then $1 each
add'l 5 pages in 5
page increments
100.00%
Copy of Complete Records Mail/Fax/Email
5.00/ 1-5 pages,
1.00 for each
add'l 5 pages in 5
page increments
5.00/ 1-5 pages,
1.00 for each
add'l 5 pages in 5
page increments
$10.00 per report
up to 10 pages,
then $1 each
add'l 5 pages in 5 page increments
100.00%
Firearms Permit 5.00 5.00 5.00 5.00 5.00 5.00 0.00%
Towing Fee - Day Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost 0.00%
Towing Fee - Night Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost 0.00%
Impoundment Fee for TOWED Vehicle 30.00 30.00 30.00 30.00 30.00 35.00 16.67%
Storage Fee for Impounded Vehicle (per day)10.00 10.00 10.00 10.00 11.00 12.00 9.09%
Alcohol Test for DUI (each time)149.15 149.15 149.15 149.15 149.15 149.15 0.00%
Solicitor's Permit (30 day permit) 25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Solicitor's Permit - Application Fee (Nonrefundable)25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Street Vendor's Permit - Application Fee (Nonrefundable)25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Street Vendor's Permit - 30 days 25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Street Vendor's Permit - 90 days 60.00 60.00 60.00 60.00 60.00 75.00 25.00%Street Vendor's Permit - 365 days 200.00 200.00 200.00 200.00 200.00 250.00 25.00%
Traffic Control Request for House/Building Move within City Limits of
Grand Island
Overtime Retail
Rate for each
Officer involved, 2 hr minimum
Overtime Retail
Rate for each
Officer involved, 2 hr minimum
Overtime Retail
Rate for each
Officer involved, 2 hr minimum
0.00%
Parking Ramp Permit Fees:
Lower Level: "Reserved Monthly"25.00/month 25.00/month 25.00/month 25.00/month 25.00/month 30.00/month 20.00%
Middle & Upper levels: "Reserved Monthly"15.00/month 15.00/month 15.00/month 15.00/month 15.00/month Free
Downtown Metered Parking 20.00 per 120 to 180 minutes 20.00 per 120 to 180 minutes 20.00 per 120 to 180 minutes 20.00 per 120 to 180 minutes 20.00 per 120 to 180 minutes 20.00 per 120 to 180 minutes 0.00%
Additional 60 minutes or fraction thereof 20.00 20.00 20.00 20.00 20.00 20.00 0.00%
Downtown Express Zone Parking 25.00 per 21 to 40 minutes 25.00 per 21 to 40 minutes 25.00 per 21 to 40 minutes 25.00 per 21 to 40 minutes 25.00 per 21 to 40 minutes 25.00 per 21 to 40 minutes 0.00%
Additional 20 minutes or fraction thereof 25.00 25.00 25.00 25.00 25.00 25.00 0.00%
Police Issued Parking Tickets (tickets issued away from downtown)20.00 20.00 20.00 20.00 20.00 25.00 25.00%
Vehicle Auction Bid Fee (per event)10.00 10.00 10.00 10.00 10.00 15.00 50.00%
Photographs/E-mail 10.00 10.00 10.00 10.00 10.00 15.00 50.00%
Photographs/CD 15.00 15.00 15.00 15.00 15.00 20.00 33.33%
PUBLIC INFORMATION
GITV DVD (per segment)25.00 25.00 25.00 25.00 25.00 30.00 20.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 314 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
PUBLIC WORKS DEPARTMENT
ENGINEERING
Cut and/or Opening Permit 15.00 15.00 20.00 20.00 20.00 25.00 25.00%
Sidewalk and/or Driveway permit 15.00 15.00 20.00 20.00 20.00 25.00 25.00%
Sewer Tap Permit (Breakdown: PW 30.60, Building 59.40)70.00 70.00 85.00 85.00 85.00 90.00 5.88%
GIS CD Aerial photos on CD or DVD 50.00 50.00 50.00 50.00 50.00 55.00 10.00%
s.f. Paper Prints
s.f. Mylar Sepia 2.25 2.25 2.25 2.25 2.25 2.50 11.11%
Traffic Count Map 10.00 10.00 10.00 10.00 10.00 12.00 20.00%
Aerial Photos - Individuals, businesses and consultants working for profit 3.50/sq. ft.3.50/sq. ft.3.50/sq. ft.3.50/sq. ft.3.50/sq. ft.3.75/sq. ft.7.14%
Aerial Photos - City Depts, Hall County Depts, other non-profit
organizations .50/sf .50/sf .50/sf .50/sf .50/sf .75/sf 50.00%
Directory Map Planning sells Planning sells Planning sells Planning sells Planning sells Planning sells 0.00%
Quarter Section or any part thereof 5.00 5.00 5.00 5.00 5.00 10.00 100.00%
Photo Mosaic (dependent upon number of sections) Minimum of two (2)15.00 15.00 15.00 15.00 15.00 20.00 33.33%
License Agreement Application (Non-refundable)100.00 100.00 125.00 175.00 175.00 185.00 5.71%
License Agreement Appeal 50.00 50.00 75.00 100.00 100.00 105.00 5.00%
Sanitary Sewer Engineering Plan Review 1% of project cost 1% of project cost 1% of project cost 0.00%
Storm Sewer Engineering Plan Review (if no paving in project)1% of project cost 1% of project cost 1% of project cost 0.00%
Permit and Plan Review Fee
50.00 plus 0.07
per ft based on
project length
50.00 plus 0.07
per ft based on
project length
50.00 plus 0.07 per ft
based on project length
0.15% of project
cost
0.15% of project
cost
0.20% of project
cost 33.33%
Large copy prints (minimum $3.00 charge).50/sf .50/sf .50/sf 1.00/sf 1.00/sf 1.00/sf 0.00%
Application for vacation of Right-of-Way or Easement (Non-refundable)100.00 100.00 125.00 175.00 175.00 185.00 5.71%
Investigation Fee (per Section 30-28 of City Code)70.00 70.00 85.00 100.00 100.00 100.00 0.00%
Late Charge (payment not received within 30 days)35.00 35.00 35.00 0.00%
TRANSIT DIVISION - NEW
One-Way Trip (collected by Crane contractor)2.00 0.00%
STREETS DIVISION
Pavement cut (sawed), whether bituminous or concrete 4.50/lf + 30.00
callout
4.50/lf + 30.00
callout 5.50/lf + 30.00 callout 5.50/lf + 30.00
callout
5.50/lf + 30.00
callout
6.50/lf + 30.00
callout 18.18%
Curb section milling for driveways
8.50/lf + 30.00
callout and
permits
8.50/lf + 30.00
callout and
permits
9.00/lf + 40.00 callout & permits 9.00/lf + 40.00 callout & permits 9.00/lf + 40.00 callout & permits 10.00/lf + 40.00 callout & permits 11.11%
Block party closure (waived for "National Night Out")50.00 50.00 75.00 75.00 75.00 0.00%
Public Event Closure- per day/event 75.00 75.00 0.00%
Rolloff/Shipping Container Placement in Public Right-of-Way
25.00 per week,
or any part
thereof
25.00/week or
any part thereof 0.00%
Storm Sewer Cleaning 250.00/hr 250.00/hr 250.00/hr 275.00/hr 10.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 315 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
WASTEWATER TREATMENT (as Approved by Ordinance)
Sewer Tap Permit (See engineering fees)
Unauthorized connections/re-connections 375.00 375.00 375.00 400.00 6.67%
Sewer Service Charge per month 8.24 8.24 8.24 8.24 8.24 8.24 0.00%
Monthly sewer bill for customers without metered water usage 19.84 19.84 19.84 30.00 30.00 30.00 0.00%
Monthly sewer bill for commercial/industrial customers without metered
City water (cost per 100 cubic feet of sewage flow)3.01 3.28 3.52 3.52 3.52 3.52 0.00%
TV Inspection of Sanitary Sewer (minimum $100.00 charge)0.75/foot 0.80/foot 1.00/ft 1.25/ft 1.25/ft 1.30/ft 4.00%
TV Inspection of Sanitary Sewer Service Line (minimum 1 hour)
-Televising Equipment 200.00/hr 200.00/hr 200.00/hr 210.00/hr 5.00%
-Sanitary Sewer Collection Crew (2 employees)80.00/hr 80.00/hr 80.00/hr 85.00/hr 6.25%
Sewer Cleaning 250.00/hr 250.00/hr 250.00/hr 250.00/hr 275.00/hr 10.00%
SEPTIC TANK CHARGES
Charges for Septic Tank Sludge minimum fee 8.40 8.40 8.40 8.40 8.40 8.40 0.00%
Charges for Septic Tank Sludge per 100 gallons 7.40 7.40 7.40 7.40 7.40 7.40 0.00%
Charges for High Strength Septic Sludge per 1,000 gallons 420.00 420.00 420.00 420.00 420.00 420.00 0.00%
FLOW CHARGES (Changes effective 1-1-2012) *
Cost per 100 Cubic feet of Flow (customers discharging directly into
City's Treatment Plant)1.1800 1.1800 1.1800 1.1800 1.1800 1.18 0.00%
Cost per 100 Cubic feet of Flow (customers using City's collection
system)3.0100 3.2800 3.5200 3.5200 3.5200 3.52 0.00%
Cost per 100 Cubic feet of Flow (low strength customers using City's
collection system)1.9600 2.2300 2.4700 2.4700 2.4700 2.47 0.00%
Non-resident wastewater customers shall be charged 120% of the
above flow charges 120%120%120%120%120%1.20 0.00%
INDUSTRIAL WASTE SURCHARGES
BOD Charge $/lb over 250 mg/l 0.3844 0.3844 0.3248 0.3248 0.3248 0.32 0.00%
SS Charge $/lb over 250 mg/l 0.2553 0.2533 0.2177 0.2177 0.2177 0.22 0.00%
Oil & Grease $/lb over 100 mg/l 0.0845 0.0858 0.1519 0.1519 0.1519 0.15 0.00%
Total Kjeldahl Nitrogen (TKN) ($/lb over 30 mg/l)0.6314 0.6927 0.0395 0.0395 0.0395 0.04 0.00%
Ammonia (over 30 mg/l)
Nitrates (over 25 mg/l)1.881 1.881 1.0299 1.0299 1.0299 1.03 0.00%
BULK INDUSTRIAL WASTE DISCHARGE (per gallon) [negotiated]0.056 0.059 0.062 0.062 0.062 0.06 0.00%
SUMP PUMP WASTE DISPOSAL (per gallon)0.17 0.176 0.19 0.19 0.19 0.19 0.00%
LABORATORY ANALYSIS
BOD 30.00 36.96 36.96 40.00 40.00 42.50 6.25%
CBOD 30.00 36.96 36.96 40.00 40.00 42.50 6.25%
Chloride 10.00 12.32 12.32 15.00 15.00 16.00 6.67%
Conductivity 7.50 9.24 9.24 9.24 9.24 9.75 5.52%
Nitrogen, Ammonia 9.00 11.09 11.09 12.00 12.00 12.75 6.25%
Nitrogen, TKN 13.50 16.63 16.63 26.00 26.00 27.50 5.77%
Oil and Grease 50.00 61.60 61.60 75.00 75.00 80.00 6.67%
pH 5.00 6.16 6.16 10.00 10.00 10.50 5.00%
Total Suspended Solids 20.00 24.64 24.64 24.64 24.64 26.50 7.55%
Alkalinity 10.00 12.32 12.32 12.32 12.32 13.25 7.55%
Chlorine, Free 10.00 12.32 12.32 12.32 12.32 13.25 7.55%
COD 45.00 55.44 55.44 55.44 55.44 60.00 8.23%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 316 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Nitrogen, Nitrate 20.00 24.64 24.64 24.64 24.64 26.75 8.56%
Phosphorus, Total 20.00 24.64 24.64 24.64 24.64 26.75 8.56%
SAMPLE COLLECTION FEE 30.00 36.96 36.96 40.00 40.00 42.50 6.25%
LOW STRENGTH INDUSTRIAL SERVICE FOUR-PART CHARGES BOD Charge ($/lb over 0 mg/l)0.3844 0.3844 0.3248 0.3248 0.3248 0.32 0.00%
SS Charge ($/lb over 0 mg/l)0.2533 0.2533 0.2177 0.2177 0.2177 0.22 0.00%
Oil & Grease ($/lb over 0 mg/l)0.0845 0.0858 0.1519 0.1519 0.1519 0.15 0.00%
Total Kjeldahl Nitrogen (TKN) ($/lb over 30 mg/l)0.6314 0.6927 0.0395 0.0395 0.0395 0.04 0.00%
Nitrates (over 25 mg/l)1.881 1.881 1.0299 1.0299 1.0299 1.03 0.00%
EXCESSIVE POLLUTANT PENALTY
If a person discharges amounts of permissible pollutants in excess of
the amounts permitted in the discharge permit, a penalty of $1,000.00
per day of violation shall be imposed and paid by the person discharging
wastes in violation of the permit
1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1100.00 10.00%
HYDROGEN SULFIDE CHARGES
SOLID WASTE
Minimum Charge (Landfill) (up to 300 pounds)5.00 5.00 5.00 5.00 5.00 5.00 0.00%
Minimum Charge (Transfer Station) (up to 260 pounds)5.00 5.00 5.00 5.00 5.00 5.00 0.00%
Passenger tire 3.25/tire 3.25/tire 3.25/tire 3.25/tire 3.25/tire 4.00/tire 18.75%
Passenger tire on rim 13.25/tire 13.25/tire 13.25/tire 13.25/tire 13.25/tire 15.00/tire 13.21%
Truck tire 10.00/tire 10.00/tire 10.00/tire 10.00/tire 10.00/tire 10.00/tire 0.00%
Truck tire on rim 25.00/tire 25.00/tire 25.00/tire 25.00/tire 25.00/tire 25.00/tire 0.00%
Implement tire 25.00/tire 25.00/tire 25.00/tire 25.00/tire 25.00/tire 25.00/tire 0.00%
Implement tire on rim 50.00/tire 50.00/tire 50.00/tire 50.00/tire 50.00/tire 50.00/tire 0.00%Special Waste (as designated by Superintendent)* Fee set by
Superintendent based on product received
Double the
applicable rate
Double the
applicable rate Double the applicable rate Double the
applicable rate
Double the
applicable rate
Double the
applicable rate 0.00%
Drive Off Fees 25.00 25.00 25.00 25.00 25.00 25.00 0.00%
Appliances 10.00 10.00 10.00 10.00 10.00 10.00 0.00%
Special Event Actual costs Actual costs Actual costs Actual costs Actual costs Actual costs 0.00%
LANDFILL SITE
Asbestos, contaminated soils and other wastes requiring special
handling may require Nebraska Department of Environmental Quality
pre-approval and notification to landfill.
General Refuse, solid waste (Residential Packer Truck)28.33/ton 28.33/ton 28.33/ton 29.46/ton 29.46/ton 30.63/ton 3.97%
General Refuse, solid waste-+ and demolition material
(Commercial/Rolloffs)32.14/ton 32.14/ton 32.14/ton 33.43/ton 33.43/ton 34.76/ton 3.98%
Contaminated Soil 15.45/ton 15.45/ton 15.45/ton 16.07/ton 16.07/ton 16.71/ton 3.98%
Street Sweepings 4.12/ton 4.12/ton 4.12/ton 4.29/ton 4.29/ton 4.46/ton 3.96%
Liquid waste - sludge not accepted not accepted not accepted not accepted not accepted not accepted 0.00%
Asbestos 87.55/ton 1 ton
minimum
87.55/ton 1 ton
minimum 87.55/ton 1 ton minimum 91.05/ton 1 ton
minimum
91.05/ton 1 ton
minimum
94.69/ton 1 ton
minimum 4.00%
Tails & by-products 35.43/ton 35.43/ton 35.43/ton 36.85/ton 36.85/ton 38.32/ton 3.99%
Automotive Fluff 20.60/ton 20.60/ton 20.60/ton 21.43/ton 21.43/ton 21.43/ton 0.00%
Late load fee 25.00/load 25.00/load 25.00/load 25.00/load 25.00/load 25.00/load 0.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 317 / 318
2015 2016 2017 2018 2019 Proposed 2020 % Increase
Proposed Fee Schedule for FY2019-2020 Budget Year
Set pricing for special projects with the approval of the Public Works
Director and City Administrator
TRANSFER STATION
General Refuse, solid waste (Residential Packer Truck)30.75/ton 30.75/ton 30.75/ton 31.98/ton 31.98/ton 35.18/ton 10.01%
General refuse, solid waste and demolition materials (Commercial/roll-
offs and small vehicles)38.21/ton 38.21/ton 38.21/ton 39.74/ton 39.74/ton 43.71/ton 9.99%
COMPOST SITE
All materials received at the compost site shall be clean of trash and
debris. Plastic bags shall be removed by the hauler
Grand Island Primary Residential Dwellings - clean grass, leaves or
other compostable yard and garden waste, tree limbs/branches No Charge No Charge No Charge No Charge No Charge No Charge 0.00%
Commercial Hauler Yard Waste - clean grass, leaves or other
Compostable yard and garden waste 38.21/ton 38.21/ton 38.21/ton 39.74/ton 39.74/ton 39.74/ton 0.00%
Commercial Hauler - tree limbs/branches 38.21/ton 38.21/ton 38.21/ton 39.74/ton 39.74/ton 39.74/ton 0.00%
Compost 5.00/cy 5.00/cy 5.00/cy 10.00/cy 10.00/cy 10.00/cy 0.00%
Wood chips/mulch 1.50/cy 1.50/cy 1.50/cy 3.00/cy 3.00/cy 3.00/cy 0.00%
UTILITY SERVICE FEES
Late Charge (payment not received prior to next billing)
2.00/plus 1%
unpaid over
5.00
2.00/plus 1%
unpaid over
5.00
2.00/plus 1% unpaid over
5.00
2.00/plus 1%
unpaid over 5.00
2.00/plus 1%
unpaid over 5.00
2.00/plus 1%
unpaid over 5.00 0.00%
Return Check Charge 35.00 35.00 50.00 50.00 50.00 50.00 0.00%
Turn on Charge (electric and water; does not pertain to new
connections/transfer of service)40.00 40.00 50.00 50.00 50.00 50.00 0.00%
Disconnect fee (electric and water for any reason)35.00 35.00 50.00 50.00 50.00 50.00 0.00%
Backflow Processing Fee 2.00/month 2.00/month 2.00/month 2.00/month 2.00/month 2.00/month 0.00%
Temporary Commercial Electric Service 135.00 135.00 150.00 150.00 150.00 150.00 0.00%
Service Charge (new connections, transfer service)20.00 20.00 20.00 20.00 20.00 20.00 0.00%
Fire Sprinkler System Connection Fee 93.96/yr 93.96/yr 127.50/yr 127.50/yr 127.50/yr 127.50/yr 0.00%
Temporary Water Meter on Fire Hydrant 100.00 100.00 100.00 100.00 100.00 125.00 25.00%
Locate Stop Box 40.00 40.00 40.00 40.00 40.00 40.00 0.00%
Pole Attachment Fee 4.00/yr 4.00/yr 6.00/yr 6.00/yr 6.00/yr 6.00/yr 0.00%
Bill and collect Sewer (monthly charge)10450.00 10450.00 10450.00 10450.00 10450.00 10450.00 0.00%
Unauthorized connections/re-connections, meter tampering 375.00 375.00 375.00 375.00 375.00 375.00 0.00%Engineering Plan Review 1% Project Cost 1% Project Cost 1% Project Cost 1% Project Cost 0.00%
Water Main Taps - 2" or less 115.00 115.00 125.00 125.00 125.00 125.00 0.00%
Grand Island Council Session/Budget Work Session - 5/14/2019 Page 318 / 318