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06-22-2021 City Council Regular Meeting Packet City of Grand Island Tuesday, June 22, 2021 Council Session Agenda City Council: Jason Conley Michelle Fitzke Bethany Guzinski Chuck Haase Maggie Mendoza Vaughn Minton Mitchell Nickerson Mike Paulick Justin Scott Mark Stelk Mayor: Roger G. Steele City Administrator: Jerry Janulewicz City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 6/22/2021 Page 1 / 358 City of Grand Island Tuesday, June 22, 2021 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 Ray Stone, First Faith United Methodist Church, 4190 West Capital 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. Grand Island Council Session - 6/22/2021 Page 2 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item E-1 Public Hearing on Blighted and Substandard Study for CRA Area #32, (Josh Rhoads with Horizon Builders) located west of North Road on either side of Old Potash Highway, Grand Island, Nebraska Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 6/22/2021 Page 3 / 358 Council Agenda Memo From:Chad Nabity, Regional Planning Commission Meeting:June 22, 2021 Subject:Josh Rhoads Study (Proposed Area #32) C-16-2021GI Presenter(s):Chad Nabity, Regional Planning Commission Background Josh Rhoads has commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 32. This study is approximately 43 acres of property located west of North Road and including property both north and south of Old Potash Highway in western Grand Island (See the attached map) On May 11, 2021, Council referred the attached study to the Planning Commission for its review and recommendation. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: 18-2109. Redevelopment plan; preparation; requirements; planning commission or board; public hearing; notice; governing body; public hearing; notice. (1) An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after the public hearings required under this section, declared such area to be a substandard and blighted area in need of redevelopment. (2) Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is substandard and blighted and shall submit the question of whether such area is substandard and blighted to the planning commission or board of the city for its review and recommendation. The planning Grand Island Council Session - 6/22/2021 Page 4 / 358 commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to this subsection. The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. (3) Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection (2) of this section, the governing body shall hold a public hearing on the question of whether the area is substandard and blighted after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to subsection (2) of this section. At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration. (4) Copies of each substandard and blighted study or analysis conducted pursuant to subsection (2) of this section shall be posted on the city’s public web site or made available for public inspection at a location designated by the city. ~Reissue Revised Statutes of Nebraska 7-19-18 A flow chart of the blight declaration process is shown in Figure 2. At this time, the Council is only concerned with determining if the property is blighted and substandard. Figure 3 is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. The City of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of May 25, 2021, 22.74% of the City has been declared blighted and substandard. Proposed Area 32 would add 43 acres (0.23%) bringing total to 22.96%. This study for area 33 would add 205 acres or 1.05%. The total area declared blighted and substandard if both areas 32 and 33 are approved is 24.02%. Grand Island Council Session - 6/22/2021 Page 5 / 358 Redevelopment Area 32 Grand Island Council Session - 6/22/2021 Page 6 / 358 Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Grand Island Council Session - 6/22/2021 Page 7 / 358 Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan Grand Island Council Session - 6/22/2021 Page 8 / 358 It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1.Review the study, 2.Take testimony from interested parties, 3.Review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4.Make findings of fact, and 5.Include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (3) Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment Grand Island Council Session - 6/22/2021 Page 9 / 358 project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (31) Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and ~Reissue Revised Statutes of Nebraska 7-19-18 ANALYSIS-Blight and Substandard Study The following findings are copied directly from the Study. The analysis of the substandard and blighted factors is conducted on pages 6 – 13 of the study. FINDINGS FOR GRAND ISLAND Study Area 32 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighting Summary These conditions are contributing to the blighted conditions of the study area. Substantial number of deteriorating structures o Within the study are 100.00% of the structures were deemed to be in normal condition or worse. Deterioration of site or other improvements o Curb and gutter are missing throughout the study area. o The study area has what is considered rural section (ditches) and the drainage areas appear to be silting in. o Streets through most of the study area were an average or excellent condition. o Sidewalks are missing within the entire study area. Diversity of Ownership o There are many different property owners within the study area including the City of Grand Island. o The diversity of ownership may be a barrier to future development. Criteria under Part B of the Blight Definition The average age of the residential or commercial units in the area is at least forty years. o 8 (80.0%) buildings or improvements were determined to be 40 years of age or older. o 2 (20.0%) buildings or improvements were determined to be less than 40 years of age. o The average age based upon a cumulative age calculation is 41.8 years. The other criteria for Blight were not present in the area, these included: Factors Which Are Impairing And/or Arresting Sound Growth Insanitary and Unsafe Conditions Dangerous conditions to life or property due to fire or other causes Faulty Lot Layout Grand Island Council Session - 6/22/2021 Page 10 / 358 Improper Subdivision or Obsolete Platting Stable or decreasing population based on the last two decennial censuses. Tax or special assessment delinquency exceeding fair value of the land. Defective or unusual condition of title, Unemployment in the designated area is at least 120% of the state or national average. One-half of unimproved property is over 40 years old. The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #32 Blight Study Area #32 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Substantial number of deteriorated or deteriorating structures. Condition of Structures Diversity of Ownership Average age of the residential or commercial units in the area is at least 40 years. Substandard Conditions Average age of the structures in the area is at least forty years. Grand Island Council Session - 6/22/2021 Page 11 / 358 Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommend Questions for City Council Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.) Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area? Is public intervention appropriate and/or necessary for the redevelopment of the area? Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City? What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. Planning Commission Recommendation The Regional Planning Commission held a public hearing and took action on the blight and substandard study proposed Area 32 during its meeting on June 2, 2021. This study is approximately 43 acres of located on both sides of Old Potash Highway west of North Road. (C-16-2021GI) O’Neill opened the public hearing: Nabity stated the property is approximately 45 acres and is located west of North Road and including property both north and south of Old Potash Highway in western Grand Island. The study as prepared and submitted indicates that this property could be considered blighted and substandard. Zach Butz, Keith Marvin and Josh Rhoads all testified in favor of declaring the area blighted and substandard and made themselves available to questions from Grand Island Council Session - 6/22/2021 Page 12 / 358 the commission. O’Neill closed the hearing: A motion was made by Robb and second by Rainforth to approve CRA Area #32 located west of North Road on either side of Old Potash Highway. The motion tied with four members voting yes (Ruge, Olson, Robb and Rubio) and four members voting no (O’Neill, Rainforth, Hendricksen and Randone). Discussion was held on whether to make a motion to recommend that council deny the request to approve the study area. No member of the commission wished to make that motion. Director Nabity suggested that someone make a motion to forward this item back to Council with a motion of no recommendation regarding approval of the study. A motion was made by Robb and second by Rainforth to forward to city council with a recommendation of no recommendation. The motion was carried with six members voting yes (Ruge, Olson, Robb, Rainforth, Rubio and Hendricksen) and two members voting no (O’Neill and Randone). 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 Sample Motion If Council wishes to approve the designation of this property as blighted and substandard, an action required if Tax Increment Financing is to be used for the redevelopment of properties in this area, a motion should be made to approve the Substandard and Blight Designation for Redevelopment Area No. 32 in Grand Island, Hall County, Nebraska finding the information in the study to be factual and supporting such designation. A resolution authorizing the approval of this study has been prepared for Council consideration. Grand Island Council Session - 6/22/2021 Page 13 / 358 City of Grand Island, NE Blight and Substandard Study Area #32 May 2021 Grand Island Council Session - 6/22/2021 Page 14 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within Study Area 32 of the city of Grand Island. This study has been commissioned by the Rhoads Enterprises, Inc. in order to analyze the possibility of declaring the area as blighted and substandard within this specific study area. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program; disaster assistance; effect. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the Grand Island Council Session - 6/22/2021 Page 15 / 358 Blight and Substandard Study – Area 32 Page 2 City of Grand Island, NE – Area 32 • April 2021 sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is only for a portion of the corporate limits of the city which has not previously been so designated. The Study is intended to give the Grand Island CRA, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction and as allowed under Chapter 18, Section 2123.01. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. Grand Island Council Session - 6/22/2021 Page 16 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 3 The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets the specified area indicated in Figure 1 of this report. The existing uses in this area includes several uses including, residential, commercial, industrial, and public uses. Through the redevelopment process, the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City is intended to redevelop and improve areas of the community. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within the City of Grand Island. Point of beginning is the intersection of the centerlines of Old Potash Road and North Road; thence, northerly along the centerline of North Road to the extended north property line of a tract referred to as Miscellaneous Tracts 14-11-10 PT SE 1/4 SE 1/4 2.72 AC (124 North Road North; thence, westerly along the said north property line and continuing along the north property of a tract referred to as Pontious Sub Part Lot 1 100' X 185.47' & All of Lot 2, at the northwest corner of said lot, thence boundary turns south along the west property line of said lot and continuing to the intersection with the centerline of Old Potash Street; thence westerly along the centerline of Old Potash Road to the intersection with the extended west line of the NE ¼ of the NE1/4 of 23- 11-10; thence, southerly along said west line of the NE ¼ of the NE1/4 of 23-11-10 to the southwest corner of a tract referred to as Misc tract to the City of Grand Island S ½ NE ¼ NE ¼ 23- 11-10; thence, easterly along said south property line and continuing onto the south property line of a tract referred to as Misc Tracts 23-11-10 Pt NE ¼ NE ¼ 2.29 AC and continuing to the intersection with the centerline of North Road; thence, Northerly along said centerline to the POB. A total of 43.29+/- acres Study Area Figure 1: Study Area Map Source: Google Earth, Marvin Planning Consultants 2021 Study Area Grand Island Council Session - 6/22/2021 Page 17 / 358 Blight and Substandard Study – Area 32 Page 4 City of Grand Island, NE – Area 32 • April 2021 Figure 2: Existing Land Use Map Source: Hall County Assessor’s Office, Marvin Planning Consultants 2021 EXISTING LAND USES The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts either benefitting or detracting from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Figure 3: Existing Land Use, Study Area 32 – 2021 Source: Marvin Planning Consultants 2021 0 5 10 15 20 25 30 Agricultural Residential Commercial Public ROW 26.02 3.6 2.29 10.61 0.77AcresStudy Area Grand Island Council Session - 6/22/2021 Page 18 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 5 Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. Figures 2 and 3 shows the different uses present within the corporate limits of the during development of the Comprehensive Plan. The different uses also have the overall percent of the total area. FINDINGS OF BLIGHT AND SUBSTANDARD CONDITIONS ELIGIBILITY STUDY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There were a number of conditions examined and evaluated in the field and online. There are a number of conditions to be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Structural Conditions Structural conditions were evaluated, structures were either rated as: Excellent, Very Good, Above Normal, Normal, Below Normal, Poor or Very Poor. The data and rating system come from the Hall County Assessor’s database and is the same database used to value properties in the area. According to the data there are 10 structures in the study area. Based upon the data provided to the planning team, the following is the breakdown for structures in the study area: • 0 (0.00%) structures rated as Excellent • 0 (0.00%) structure rated as Very Good • 0 (0.00%) structures rated as Above Normal • 10 (100.00%) structures rated Normal • 0 ( 0.00%) structures rated Below Normal • 0 ( 0.00%) structures rated Poor • 0 ( 0.00%) structure rated as Very Poor Based upon these data, an assumption has been made that normal conditions in combination with the age of structures or a condition less than normal may constitute the possibility of some or considerable deterioration. It is common for older structures to need more maintenance and upkeep in order to maintain a good or higher condition. Even a structure rated as normal will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Overall, 100.00% of the structures in this study area are considered as a normal condition. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Deterioration of Site or Other Improvements Sidewalk Conditions Sidewalks, regardless of the area and uses within a community, should provide a safe means of movement for pedestrians. Sidewalks become increasingly more important along transportation routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while keeping people off heavily traveled streets. Grand Island Council Session - 6/22/2021 Page 19 / 358 Blight and Substandard Study – Area 32 Page 6 City of Grand Island, NE – Area 32 • April 2021 Figure 4: Structure Conditions, Study Area 32 – 2021 Source: Hall County Assessor’s Office, Marvin Planning Consultants 2021 The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on five categories: Excellent, Good, Average, Fair, Poor, and missing completely. Within the study area there is approximately 3,000 lineal feet or .57 miles of area where sidewalk could or should be located. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area: • 0 (0.00%) lineal feet of Excellent sidewalk • 0 (0.00%) lineal feet of Good sidewalk • 0 (0.00%) lineal feet of Average sidewalk • 0 (0.00%) lineal feet of Fair sidewalk • 3,000 (100.00%) lineal feet of Poor or Missing sidewalk The study area does not contain any sidewalks either along Old Potash Road or North Road. Sidewalk is critical to the overall pedestrian movement of an area, long-term. Even sidewalk constructed which at present goes nowhere will eventually connect to several portions of the community. Due to the lack of sidewalk, sidewalks are considered a direct contributing factor. Source: Grand Island GIS/Street View, Marvin Planning Consultants 2021 Study Area Grand Island Council Session - 6/22/2021 Page 20 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 7 Figure 5: Sidewalk Conditions, Study Area 32 – 2021 Source: Marvin Planning Consultants 2021 Figure 6: Curb and Gutter Conditions Source: Marvin Planning Consultants 2021 Study Area Study Area Grand Island Council Session - 6/22/2021 Page 21 / 358 Blight and Substandard Study – Area 32 Page 8 City of Grand Island, NE – Area 32 • April 2021 Figure 7: Street Conditions Source: Marvin Planning Consultants 2021 Curb and Gutter Curb and Gutters have a number of direct and indirect roles in communities. Their primary function is to be a barrier to collect and direct water to be drained away. On a secondary level, they can help define where the streets start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area were examined similarly to sidewalks. The curb and gutter were graded as either Excellent, Good, Average, Fair, Poor and Missing. There is no curb and gutter within the study area. And is considered rural section drainage. Within the study area there is approximately 3,000 lineal feet of curb and gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions breakdown within the corporate limits: • 0 ( 0.0%) lineal feet of Excellent curb and gutter • 0 ( 0.00%) lineal feet of Good curb and gutter • 0 (0.00%) lineal feet of Average curb and gutter • 0 (0.00%) lineal feet of Fair curb and gutter • 3,000 (100.00%) lineal feet of Poor or Missing curb and gutter The majority of the community’s streets and drainage have been designed and constructed in a manner referred to as rural section. A rural section street/road is one where water drains directly from the driving surface into ditches paralleling the street. This approach is adequate; however, this design typically sees the ditches begin to silt in and/or have tall grass growing in them. These factors quickly deteriorate the ability of the ditch to adequately drain away water from the driving surface and this typically leads to localized flooding and ponding. Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter conditions would be a direct contributing factor. Streets Streets within a community are essential to moving people and vehicles from place to place. Their condition and construction have an impact on the appearance of a community, which leads directly to how a community is perceived by the outside world. Study Area Grand Island Council Session - 6/22/2021 Page 22 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 9 Within the study area there is approximately 2,630 lineal feet or .49 miles of street possible. After reviewing the conditions in the field, the following is how the street conditions breakdown within the corporate limits: • 425 (16.2%) lineal feet of Excellent street • 0 ( 0.0%) lineal feet of Good street • 2,205 (83.8%) lineal feet of Average street • 0 ( 0.0%) lineal feet of Fair street • 0 ( 0.0%) lineal feet of Poor street The streets within the Study Area are in either excellent condition or average condition. Overall, 83.8% are considered to be in average condition; thus, making streets a contributing factor. Similar to sidewalks and curb and gutter, a rating of average is considered the beginning of deterioration and may continue to decline over the next few years. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Table 1: Average Structural Age, By Method – 2021 Number Year Age Cumulative 2 1950 61 122 122 1 1975 46 46 168 5 1979 42 210 378 1 1989 32 32 410 1 2013 8 8 418 10 418 41.8 Source: Hall County Assessor’s and Marvin Planning Consultants 2021 Age of Structure Within the study area there are 10 structures. After researching the structural age on the Hall County Assessor’s website, the following breakdown was determined: • 8 (80.0%) unit was determined to be 40 years of age or older. • 2 (20.0%) unit was determined to be less than 40 years of age. However, when examining the age based upon a cumulative approach, as in Table 1 the average age of the primary structures is equal to 41.8 years; thus, meeting the requirements of the statutes. The age of the structures would be a direct contributing factor. Grand Island Council Session - 6/22/2021 Page 23 / 358 Blight and Substandard Study – Area 32 Page 10 City of Grand Island, NE – Area 32 • April 2021 Figure 8: Age of Structures Source: Hall County Assessor’s Office, Marvin Planning Consultants 2021 Blighting Summary These conditions are contributing to the blighted conditions of the study area. • Substantial number of deteriorating structures o Within the study are 100.00% of the structures were deemed to be in normal condition or worse. • Deterioration of site or other improvements o Curb and gutter are missing throughout the study area. o The study area has what is considered rural section (ditches) and the drainage areas appear to be silting in. o Streets through most of the study area were an average or excellent condition. o Sidewalks are missing within the entire study area. • Diversity of Ownership o There are many different property owners within the study area including the City of Grand Island. o The diversity of ownership may be a barrier to future development. Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years. o 8 (80.0%) buildings or improvements were determined to be 40 years of age or older. o 2 (20.0%) buildings or improvements were determined to be less than 40 years of age. o The average age based upon a cumulative age calculation is 41.8 years. The other criteria for Blight were not present in the area, these included: • Factors Which Are Impairing And/or Arresting Sound Growth • Insanitary and Unsafe Conditions • Dangerous conditions to life or property due to fire or other causes • Faulty Lot Layout • Improper Subdivision or Obsolete Platting • Stable or decreasing population based on the last two decennial censuses. • Tax or special assessment delinquency exceeding fair value of the land. • Defective or unusual condition of title, • Unemployment in the designated area is at least 120% of the state or national average. Study Area Grand Island Council Session - 6/22/2021 Page 24 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 11 • One-half of unimproved property is over 40 years old. • The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Grand Island Council Session - 6/22/2021 Page 25 / 358 Blight and Substandard Study – Area 32 Page 12 City of Grand Island, NE – Area 32 • April 2021 Substandard Conditions Average age of the residential or commercial units in the area is at least 40 years. Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Table 2: Average Unit Age, By Method – 2021 Number Year Age Cumulative 2 1950 61 122 122 1 1975 46 46 168 5 1979 42 210 378 1 1989 32 32 410 1 2013 8 8 418 10 418 41.8 Source: Hall County Assessor’s and Marvin Planning Consultants 2021 Age of Structure Within the study area there are 10 structures. After researching the structural age on the Hall County Assessor’s website, the following breakdown was determined: • 8 (80.0%) units were determined to be 40 years of age or older. • 2 (20.0%) units were determined to be less than 40 years of age. However, when examining the age based upon a cumulative approach, as in Table 2 the average age of the units is equal to 41.8 years; thus, meeting the requirements of the statutes. The age of the structures would be a direct contributing factor. Figure 8: Age of Structures Source: Hall County Assessor’s Office, Marvin Planning Consultants 2021 Study Area Grand Island Council Session - 6/22/2021 Page 26 / 358 Blight and Substandard Study – Area 32 City of Grand Island, NE – Area 32 • April 2021 Page 13 Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #32 Blight Study Area #32 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Substantial number of deteriorated or deteriorating structures. Condition of Structures Diversity of Ownership Average age of the residential or commercial units in the area is at least 40 years. Substandard Conditions Average age of the structures in the area is at least forty years. Grand Island Council Session - 6/22/2021 Page 27 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item E-2 Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to (B-3) Heavy Business Zone and the Zoning Matrix Council action will take place under Ordinances item F-3. Staff Contact: Chad Nabity Grand Island Council Session - 6/22/2021 Page 28 / 358 Council Agenda Memo From:Chad Nabity, AICP Planning Director Meeting:June 22, 2021 Subject:Concerning Proposed Amendments to Section §36-70 (B-3) Heavy Business Zone and the Zoning Matrix Attachment A Presenter(s):Chad Nabity, AICP Planning Director Background The Railside Business Improvement district has requested changes to the B-3 Heavy Business Zone to allow out door sales on property in the district. The B-3 Zone is only located in and around the Railside District. Staff has also reviewed the district regulations and is making additional changes to the district to further refine the allowed uses in the district. The changes proposed by staff will also be reflected in the Zoning Matrix. Discussion The proposed changes are attached with the memo sent to the planning commission. Strikeouts will be removed from the regulation and underlined will be added to the regulations. All changes are shown in red typeface. The proposed change removes some permitted uses and requirements of those uses: Country clubs, Hospitals; nursing homes and convalescent or rest homes; Retail activities of a prescriptive service, the requirement that all business be conducted inside the retail space; and Truck, bush and tree farming. The changes also permit Outdoor retail sales and display of goods on up to 10% of the lot area and specifically permit Restaurants, Bars and Nightclubs. These changes are also reflected in the Zoning Matrix Attachment A removing some uses from the B3 zone and adding Bars and Nightclubs to the list as permitted in the B1, B2, B2, AC, CD, TD, M2 and M3 zoning districts. From the October 7, 2020 Regional Planning Commission Meeting Minutes: Public Hearing – Zoning Text Change- Grand Island. Concerning proposed amendments to Section 36-70 (B-3) Heavy Business Zone and the Zoning Matrix (Attachment A) O’Neill opened the public hearing: Grand Island Council Session - 6/22/2021 Page 29 / 358 Nabity stated the Railside Business Improvement District has requested changes to the B- 3 Heavy Business Zone to allow outdoor sales on property in the district. Staff has reviewed the district regulations and is making additional changes to the district to further refine the allowed uses in the district. The changes proposed by staff will also be reflected in the Zoning Matrix. O’Neill closed the hearing: A motion was made by Rainforth and second by Ruge to approve proposed amendments to Section 36-70 (B-3) Heavy Business Zone and the Zoning Matrix. Amos Anson, representing the Railside Business Improvement District confirmed that their board was supportive of these changes. The motion carried with eight members voting yes (O’Neill, Ruge, Olson, Robb, Rainforth, Rubio, Hendricksen and Randone) and no members 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 Recommendation City Administration recommends that the Council approve the proposed changes as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 6/22/2021 Page 30 / 358 §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Parking Lots (15) Preschools, nursery schools, day care centers, children's homes, and similar facilities (16) Public parks and recreational areas (17) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (18) Public and quasi-public buildings for cultural use (19) Radio and television stations (no antennae), private clubs and meeting halls (20) Railway right-of-way but not including railway yards or facilities (21) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area Restaurants, Bars, Nightclubs (22) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that outdoor retail activities and display of good may occupy not more than 10% of the lot area, green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (24) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (26) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair; subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building. Grand Island Council Session - 6/22/2021 Page 31 / 358 The facility shall meet or exceed all building and fire code requirements. (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 10 01 02 10 100% Conditional Uses 3,000 30 10 01 02 10 100% 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordnance No. 9166, effective 5-13-2008 Amended by Ordnance No. 9738, effective 7-10-2019 Grand Island Council Session - 6/22/2021 Page 32 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code Land Use Categories (as of Oct 2018 June 2021) AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 A Abrasive, asbestos, & miscellaneous non-metallic mineral products - manufacturing P C P Abstracting services P P P P P P P P P P Accounting & bookkeeping services P P P P P P P P P P Accounting, computing & office machines - manufacturing P P P Advertising displays & signs - manufacturing C P P P Advertising services, direct mail P P P P P P P P P Advertising services, general P P P P P P P P P P Agricultural, business and personal credit services including credit union P P P P P P P P P P Agricultural chemicals & fertilizers - manufacturing C C P C Agricultural chemical & fertilizers - wholesale C C P C P Agricultural fertilizers, hazardous & non hazardous - retail P P P P P P Agricultural operations P P P P P P P P P P P P P P P P P P P P P P P P P Air conditioning, heating & plumbing contracting services P P P P P P Air conditioning, refrigerated equipment & supplies - wholesale P P P P P Aircraft & accessories - retail P P Aircraft storage & equipment maintenance P Airports & flying fields P Alcoholic beverages, beer & wine - wholesale P P P P P Alteration, pressing & garment repair services P P P P P P P Ambulance services P P P P P Ammunition manufacturing & complete assembly of guided missiles & space vehicles P P P Ammunition, small arms - manufacturing P P P Amphitheaters C C C Amusement, athletic & sporting goods & toys - manufacturing P P P P P Animal & marine fats & oils including grease & tallow, rendering - manufacturing C C Animal hospital services C C C C P P P P P P P Antiques - retail P P P P P P P P P Apiary farms & processing P P P P P P Apparel & accessories - manufacturing P P P P P Apparel & accessories - retail P P P P P P P P P Apparel & accessories - wholesale P P P P P Apparel belts - manufacturing P Apparel findings & related products - manufacturing P P P P = Permitted Use C = Conditional Use 1 of 21 Grand Island Council Session - 6/22/2021 Page 33 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Appliances (household) - manufacturing P P P P Appliances (household) - retail P P P P P P P Appliances (electrical), television phonographs, tape players, radio sets - wholesale P P P P P Appliance repair services P P P P P P P P Aquariums P P P Arboretums & botanical gardens P P Architectural, engineering & planning - professional services P P P P P P P P P P P Arenas & fieldhouses C C C C Armateur rewinding services C P P Armed forces reserve center C P Art galleries, publicly owned P P P P P Artists - painters, sculptors, composers, & authors P P P P P P P P P P P P P P P P P P P P P P P P Asbestos, abrasive & miscellaneous non-metallic mineral products - manufacturing P C P Asphalt felts & coating - manufacturing P P Asphalt mixing plants C C C C Athletic, amusement & sporting goods & toys - manufacturing P P P P P Athletic field or playfield C C C C C P P P P P P P P P P P P P P P P C P P P Auditing, accounting & bookkeeping services P P P P P P P P P Auditoriums, public P P P P P P P P P Automatic temperature controls - manufacturing P P P P P Automobile & other motor vehicle & equipment - manufacturing P P P Automobile & other motor vehicle repair services P P P C P P P Automobile & other motor vehicles - retail P P C P P Automobile & other motor vehicles - wholesale C Automobile & truck rental services P P P P Automobile equipment - wholesale P P P Automobile parts & supplies - retail P P P P P P P P Automobile wash services P P P C P P P P P P = Permitted Use C = Conditional Use 2 of 21 Grand Island Council Session - 6/22/2021 Page 34 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 B Bags except textile bags - manufacturing P P P Bait shops P P P P P P P P Bakeries non-manufacturing - retail P P P P P P P Banking services P P P P P P P P P Bar or Nightclub P P P P P P P P Barber services P P P P P P P P P Batch Plants - temporary C C P C C P Beauty services P P P P P P P P P Bed and breakfast residence C C C C C P P P P P Beer, wine & alcoholic beverages - wholesale P P P P P Bicycles - retail P P P P P P P P Biological products - manufacturing P C P Blacksmith & welding services P P Blankbooks, loose leaf binders & devices-manuf. of P P P P Blast furnaces, steel works & rolling of ferrous metals C C Blueprinting & photocopying services P P P P P P P Boarding & rooming houses C P P P P P P Boat building & repair services P P P P Boat sales, service and rentals P P P P Boat building & repair, fiberglass P P P P Bookbinding & misc. related work - manufacturing P P P P Bookkeeping, auditing & accounting services P P P P P P P P P Books, magazines & newspapers distributing - wholesale P P P P P P P Books - publishing & printing P P P P P P Books - retail P P P P P P P Boot & shoe cut stock & findings - manufacturing P P P P Botanical gardens & arboretums P P P Bottled gas - retail P P P P P P P Bottling & canning soft drinks & carbonated waters P P P P Bowling alleys P P P C P P P Boxes and paperboard containers - manufacturing P P P Brandy, brandy spirits & wine - manufacturing C C C C P C P P Brick & structural clay tile manufacturing P P P Brooms & brushes - manufacturing P P P P Building construction - general contracting services P P Building materials - retail P P P P P Building materials & lumber - wholesale P P P P Building paper & building board - manufacturing P P P Bulk petroleum stations & terminals - wholesale C C Bus garaging & equipment maintenance P P Business & management consulting services P P P P P P P P Business offices not elsewhere listed P P P P P P P P Business associations P = Permitted Use C = Conditional Use 3 of 21 Grand Island Council Session - 6/22/2021 Page 35 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Business forms - manufacturing Butter - manufacturing P P P P P C Cabinet making - manufacturing P P P P Cable TV maintenance yard C P Cameras & photographic supplies - retail P P P P P P P P Camp grounds, general C C P C C C C Camp grounds, group C C P C C C C Candy & other confectionery products - manufacturing P P P P Candy, nut, & confectionery - retail P P P P P P P Canes, parasols & umbrellas - manufacturing P P P P Canning & preserving of fruits, vegetables & seafood's - manufacturing P P Canvas products - manufacturing P P P Carbon black - manufacturing C C Cardboard, paperboard & die-cut paper - manufacturing P P P Carpentry & wood flooring services P P P P P P Carpet & rug cleaning & repair service P P P P P P P P P Carpet & rug - manufacturing P P P P Cement (hydraulic) - manufacturing C P Cemeteries P P P Ceramic wall & floor tile - manufacturing P P P P Cereal preparations - manufacturing P P P P Charitable & welfare services P P P P P P P P Cheese (natural & processed) - manufacturing P P P Chemicals & fertilizers -mining Chemicals, agricultural, nonhazardous, wholesale C C C C C C Chemicals, industrial, nonhazardous, wholesale C C C Chemicals, industrial organic & inorganic - manufacturing C C C Chiropractors, optometrists, & other similar health services P P P P P P P P Churches , synagogues & temples C C C P P P P P P P P P P P P P Cigarettes & cigars - manufacturing P P P P Civic, social & fraternal associations C P P P P P P P Civil Defense & related activities P Clay, ceramic & refractory minerals - mining C C C C C C C Clay refractories - manufacturing P P Clock, watch & jewelry repair services P P P P P P P Clocks, watches, clockwork operated devices & parts - manufacturing P P P P Commercial & industrial machinery, equipment & supplies - wholesale P P P P P = Permitted Use C = Conditional Use 4 of 21 Grand Island Council Session - 6/22/2021 Page 36 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Commodity & securities brokers, dealers & exchanges & services P P P P P P P P Communication equipment - manufacturing P P P P Composting plants C Concrete brick & block - manufacturing P P Concrete products - manufacturing P P Concrete, ready-mix plants P P Concrete construction & paving services P P Confectionery, nut & candy - retail P P P P P P P Confectionery - wholesale P P P P P Construction & lumber materials - wholesale P P P P P Construction, mining, & materials handling machinery & equipment - manufacturing P P P Construction equipment - retail P P P Construction services - temporary C C C C C C C C C C C C Convalescent,, nursing & rest home services C C P P P P P P P Convents P P P P P P P P P P P Convenience store P P P P P P P P P Cosmetics, perfumes, & other toiletries - manufacturing P P P P Cottage services Country club P P P P P P P P P P P P Crating & packing services P P P P Credit reporting, adjustment & collection services P P P P P P P P P Credit unions & agricultural, business & personal credit services P P P P P P P P P Crematory, funeral & mortuary services P P P P P P P Curtains, draperies & upholstery - retail P P P P P P P Cut stone & stone products - manufacturing P P P D Dairy products - retail P P P P P P P Dairy products - wholesale P P P P Day care centers C C C C C P P C C P P P P P C P Dental equipment & supplies - manufacturing P P P P Dental laboratory services P P P P P P P P P P Dental services P P P P P P P P Department stores - retail P P P P P P P Detective & protective services P P P P P P P P P Diaper services P P P Direct mail advertising services P P P P P P P P Direct selling organizations - retail P P P P P P P Discount & variety stores - retail P P P P P P P Disinfecting & exterminating services P P P P P Disposal site - commercial construction C C C C Disposal site - hazardous waste C C P = Permitted Use C = Conditional Use 5 of 21 Grand Island Council Session - 6/22/2021 Page 37 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Disposal site - nuclear waste C Distilling, rectifying, & blending liquors P P Dormitories, college P P P P P P P P P P Draperies, curtains & upholstery - retail P P P P P P P Drawing, rolling & extrusion of non-ferrous metals - manufacturing P P Drug & proprietary - retail P P P P P P P P Drugs, drug proprietaries, & druggist sundries - wholesale P P P Dry cleaning & laundering pickup services P P P Dry cleaning & laundering, self service P P P P P P P Dry cleaning, laundering & dyeing services, except rugs P P P P P P P P Dry goods & general merchandise - retail P P P P P P P Dry goods & notions - wholesale P P P P P Dude ranches C C C Duplicating, mailing, & stenographic services P P P P P P P Dwelling, elderly P Dwelling, mobile home not on permanent foundation P Dwelling, mobile home on permanent foundation P Dwelling, multi-family P P P P P P P P P P P P Dwelling, single-family P P P P P P P P P P P P P P P P Dwelling, two-family P P P P P P P P P P P P P Dyeing & finishing of textiles P P P P Dyeing, dry cleaning & laundry services, except rugs P P P P P P P E Earthenware, table & kitchen articles - manufacturing P P P P Educational & scientific research services P P P P P Egg & poultry - retail P P Electrical apparatus & equipment, wiring supplies, & construction materials - wholesale P P P Electrical contractor services P P P P Electrical appliances, phonographs, televisions, tape players & radio sets - wholesale P P P Electrical industrial apparatus - manufacturing P P P P Electrical repair services, except radio & television P P P P P P P Electrical supplies - retail P P P P Electrical transmission & distribution equipment - manufacturing P P P P Electric generation plants C C C C C C Electric utility maintenance yard P P Electricity regulating substations P P P P P P P P P P P P P P P P P P P P P P P P P Electric lighting & wiring equipment - manufacturing P P P P Electrometallurgical products & processing - manufacturing P P Electronic components & accessories - manufacturing P P P P P = Permitted Use C = Conditional Use 6 of 21 Grand Island Council Session - 6/22/2021 Page 38 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Electronic parts & equipment - wholesale P P P Electrotyping and stereotyping P P P Employment services P P P P P P P P Engineering, planning architectural professional services P P P P P P P P P P Engineering, laboratory, & scientific & research instruments & associated equipment - manufactured P P P P Engines & turbines - manufacturing P P P Envelope - manufacturing P P P P Equipment & supplies for service establishments - wholesale P P P P P P Equipment rental & leasing services P P P P Ethanol plants & mills C C C C Exhibition halls P P P P P P Explosives - manufacturing C C C Exterminating P P P P P Extracts & flavoring syrups - manufacturing P P P P Extrusion, drawing, & rolling of non-ferrous metals - manufacturing P P P F Fabricated structural metal products - manufacturing P P P Fabricated wire products - manufacturing P P P Fairgrounds C C P P P Farm machinery & equipment - retail P P P Farm machinery & equipment - manufacturing P P P Farm machinery & equipment - wholesale P P P Farm products warehousing & storage excluding stockyards - nonhazardous P P P P P Farm supplies - retail P P P Farms & ranches - livestock P P P P P P Farms, commercial forestry P P P P P P P P P P P P P P P P P P P P P P P P P Farms, grain crops P P P P P P P P P P P P P P P P P P P P P P P P P Farms, hay & alfalfa P P P P P P P P P P P P P P P P P P P P P P P P P Farms, fiber crops P P P P P P P P P P P P P P P P P P P P P P P P P Farms, fruits, nuts or vegetables P P P P P P P P P P P P P P P P P P P P P P P P P Farms, nursery stock P P P P P P P P P P P P P P P P P P P P P P P P P Feeding operation - confined C C C C C C Feed preparation for animals & fowls P P Feeds, grains & hay - retail P P P Felt goods - manufacturing P P Fertilizers, agricultural hazardous - retail P Fertilizers, agricultural nonhazardous - retail P P Fertilizers & chemicals - mining C C C C C P = Permitted Use C = Conditional Use 7 of 21 Grand Island Council Session - 6/22/2021 Page 39 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Fieldhouses & arenas P C C Fire protection & related activities P P P P Fish & seafood's - retail P P P P P P P Fish & seafood's - wholesale P P P Fish farms P P P P P Fish hatcheries P P P P P Fishing & hunting clubs P P P P P P Flat glass - manufacturing P P P Floor covering - retail P P P P P P Florists - retail P P P P P P P Flour & other grain mill products - manufacturing P P P P Flour blending & preparing - manufacturing P P P P Food lockers & storage services P P P P P P P P Foundries, iron & steel - manufacturing P P Foundries, nonferrous metals - manufacturing P P P Fraternal, civic & social associations C P P P P P P P Fraternity & sorority houses P C P P P P Freight forwarding services P P P P Frozen desserts & ice cream - manufacturing P P P Fruits & vegetables (fresh) - wholesale P P P P P Fruits & vegetables - retail P P P P P P P Fuel, except fuel oil & bottled gas - retail P P P P P P P P Fuel oil - retail P P P Funeral, mortuary & crematory services P P P P P P P Fur dressing & dyeing - manufacturing P P P P Fur goods - manufacturing P P P P Fur repair & storage services P P P P P P P Furniture & home furnishings - wholesale P P P P P Furniture (household) - manufacturing P P P P Furniture - retail P P P P P P Furniture repair & reupholstery services P P P P P P P Furies & fur apparel - retail P P P P P P Furs (raw), hides & skins - wholesale P P G Garden supplies & landscape nursery - retail P P P P P P Garment repair, alteration & pressing services P P P P P P P Gas & petroleum (crude) drilling C C C C C Gas & petroleum (crude) field services P P Gasoline service stations - retail P P P P P P P Gas pressure control stations Gas & ethanol production plants C Gas storage & distribution points Gas utility maintenance yard P Gelatin & glue - manufacturing C C P = Permitted Use C = Conditional Use 8 of 21 Grand Island Council Session - 6/22/2021 Page 40 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 General contracting & building construction services P P P General stores - retail P P P P P P P Gifts, novelties & souvenirs - retail P P P P P P P P Glass & glassware, pressed or blown - manufacturing P P P Glass containers - manufacturing P P P Glass, flat - manufacturing P P P Glass, paint & wallpaper - retail P P P P P P P Glue & gelatin - manufacturing C C Go-cart tracks C C C C Golf courses, public P P P P P P P P P Golf driving ranges P P P Gravel & sand quarrying C C C C C C C C C C C Grain - wholesale P P P P Grains, feeds & hay - retail P P P P P Grain mill products & flour - manufacturing P P Greases & lubricating oils - manufacturing P P P Green houses P P P P P P C P P P P P Greeting card - manufacturing P P P P Grist milling services P P P P Groceries - retail P P P P P P Groceries - wholesale P P P P Group Home-(Small)P P P P P P P P P P P P P Group Home-(Medium)C C C C P P C P P P P Group Home-(Large)P P C P P P P Group care home C C C C P P C P P P Gum and wood chemicals - manufacturing C C Guns, howitzers, mortars & re. equipment - manufacturing C C Gymnasiums & athletic clubs P P P P Gypsum products - manufacturing P P P H Handbags & other personal leather goods - manufacturing P P P P Hardware - retail P P P P P P P Hardware - wholesale P P P P Hardwood dimension & flooring - manufacturing P P P P Harvesting services P P P P P Hats, caps, & millinery - manufacturing P P P P Hay, grains & feeds - retail P P Health resorts C P P P P C C P Health & exercise spas P P P P P P P P Hearing aids, optical goods, orthopedic appliances & other similar devices - retail P P P P P P P P P = Permitted Use C = Conditional Use 9 of 21 Grand Island Council Session - 6/22/2021 Page 41 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Heating, air conditioning & plumbing contracting services P P P P Heating & plumbing equipment & supplies - retail P P P P P Heating apparatus (except electrical) and plumbing fixtures - manufacturing P P P P P Heliport pads P Hides, skins, & raw furs - wholesale P P Hobby supplies - retail P P P P P P P Holding & investment services P P P P P P P P P Hospital services P P P P P Hotels, tourist courts, & motels P P P P P C C P House Furnishings, textile (except curtains & draperies) - manufacturing P P P P Household appliances - retail P P P P P P Hunting & fishing clubs P I Ice cream & frozen desserts - manufacturing P P P P P Ice - manufacturing P P P P P Ice - retail P P P P P P P P P P Ice skating rinks, indoor P P P P P Industrial laundry & lien supply services P P P P Industrial leather belting & packing - manufacturing P P P P Industrial & commercial machinery, equipment & supplies - wholesale P P P P P Industrial machinery equipment - manufacturing P P P P P Industrial waste disposal C C Instruments for mechanical measuring & controlling except automatic temperature controls - manufacturing P P P P P Insurance agents & brokers services P P P P P P P P Insurance carriers P P P P P P P P Internet service P P P P P P P P P P Investment & holding services P P P P P P P P J Janitorial services P P P P Jewelry & precious metals - manufacturing P P P P P Jewelry - retail P P P P P P P Jewelry, watch & clock repair services P P P P P P P K Kennels-commercial P Kennels-private P Knit goods - manufacturing P P P P P Kennels-animal shelter non-commercial P P P = Permitted Use C = Conditional Use 10 of 21 Grand Island Council Session - 6/22/2021 Page 42 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 L Labor unions & similar labor organizations P P P P P P P P Lace goods - manufacturing P P P P P Lamp shades - manufacturing P P P P P Landscape contracting services P P P P Landscape nursery & garden supplies - retail P P P P P P Lapidary work P P P P P P P Laundering & dry cleaning pickup service P P P Laundering & dry cleaning, self-service P P P P P P P Laundering, dry cleaning & dyeing services, except rugs P P P P P P P Lawn care - services P P P P P Leather & fleece lined clothing - manufacturing P P P P P Leather gloves & mittens - manufacturing P P P P P Leather tanning & finishing - manufacturing C C Legal services P P P P P P P P Libraries P P P P P P P P P P P P P Lime products - manufacturing C C Linen supply & industrial laundry services P P P P Linoleum, asphalt-felt-base, and other hard surface floor cover - manufacturing P P Liquid petroleum gas - wholesale P P Liquor - retail P P P P P P P Livestock feeding operations C C C C C C Livestock-wholesale C Locksmith services P P P P P P P Lubricating oils & greases - manufacturing P C Luggage - manufacturing P P P P P Lumber & building materials - wholesale P P P Lumber yards - retail P P P P P P M Machine shop - manufacturing P P P P P Magazines & newspapers - retail P P P P P P P P P Magazines, books, & newspapers distributing - wholesale P P P P P P Mail order houses - retail P P Mailing, duplicating, & stenographic services P P P P P P Malt liquors - manufacturing P P Management & business consulting services P P P P P P P P Masonry, stonework, tile setting & plastering services P P P P P P Massage services P P P P P P P Matches - manufacturing C C Mausoleums Meat & meat packing products - wholesale P P P Meat packing - manufacturing C C P = Permitted Use C = Conditional Use 11 of 21 Grand Island Council Session - 6/22/2021 Page 43 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Meats - retail P P P P P P P Medical & surgical instruments & apparatus - manufacturing P P P P P Medical clinics, out-patient services P P P P P P P P Medical laboratory services P P P P P Medical chemicals - manufacturing C C Metal cans - manufacturing P P P Metal coating, engraving, and allied services - manufacturing P P P Metal mining services P Metal ore mining C C C C Metal products, fabricated structural - manufacturing P P P P Metals & minerals, except petroleum products & scrap - wholesale P P P Metals, nonferrous, rolling, drawing, & extrusion - manufacturing P P P Metal stamping - manufacturing P P P Metal working machinery & equipment - manufacturing P P P P Millwork - manufacturing P P P P P Milk processing, fluid only P Miniature golf P P P P P P Mining C C C C C C C Mobile home parks P Mobile homes - manufacturing P P P P Mobile homes not on permanent foundation P Manufactured homes on permanent foundation P P P P P P P P P P P P P P P P Mobile homes & accessories - retail P P Monasteries P P P P P P P P P P P Monuments - retail P P P P Mortician's goods - manufacturing P P P P P Motels, hotels, & tourist courts P P P P P C C P Motion picture distribution services P P P P P P P Motion picture production studios P P P P P P Motorcycle & bicycle sales, rental & service P P P P P P P Motor freight garaging & equipment maintenance P P P Motor freight terminals P P P Mortuary, funeral & crematory services P P P P P P P Museums P C P P P P P P P P P Musical instruments & supplies - retail P P P P P P P Musical instruments & parts - manufacturing P P P P N Newspaper & magazines - retail P P P P P P P Newspapers, books & magazines distribution - wholesale P P P P P P Newspapers publishing & printing P P P P P P P = Permitted Use C = Conditional Use 12 of 21 Grand Island Council Session - 6/22/2021 Page 44 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Nightclub or Bar P P P P P P P P News syndicate services P P P P P P P P P Nonmetallic mining, except fuel - services P P Noodles, macaroni, spaghetti & vermicelli - manufacturing P P P P P Notions, dry goods - wholesale P P P P P P Novelties, gifts & souvenirs - reail P P P P P P P P Nursery stock farms P P P P P P P P P P P P P P P P P P P P P P Nursing, convalescent & rest home services C C P C P P P P C Nuts, bolts, screws, rivets, & washers, & screw machine products - manufacturing P P P P P O Office & store fixtures, partitions, shelving, & lockers - manufacturing P P P P P Office, computing & accounting machines - manufacturing P P P P P Office furniture - manufacturing P P P P P Oilcloth, plastic fabric & vinyl products - manufacturing C C Ophthalmic goods - manufacturing P P P P P Optical goods, hearing aids, orthopedic appliances & other similar devices - retail P P P P P P P P Optical instruments & lenses - manufacturing P P P P P Optometrists, chiropractors & other similar health services P P P P P P P P Ornamental iron works - manufacturing P P P P P Orphanages C C P P P P P Orthopedic, prosthetic & surgical appliances & supplies - manufacturing P P P P P Outdoor advertising services P P P P P P Packing & crating services P P P P Padding & upholstery filling - manufacturing P P P P Paint, glass, & wallpaper - retail P P P P P P P Painting & paper hanging services P P P P P Paints, varnishes, lacquers, enamels, and allied products - manufactured C C Paper & paper products - wholesale P P P P P P Paperbound containers & boxes - manufacturing P P P P Paperboard - manufacturing P P P P Paper coating & glazing - manufacturing P P P P Paper, except building paper - manufacturing P P P P Paper hanging & painting services P P P P P Parasols, umbrellas & canes - manufacturing P P P = Permitted Use C = Conditional Use 13 of 21 Grand Island Council Session - 6/22/2021 Page 45 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Parks, public P P P P P P P P P P P P P P P P P P P P P P P P P Partitions, shelving, lockers & office & store fixtures - manufacturing P P P P P Paunch manure - application, incorporation, stockpiling, disposal C C C C Periodicals, publishing & printing P P P P P P P Petroleum bulk stations & terminal - wholesale C C Petroleum pipeline R/W P P P P P P P P P P P P P P P P P P P P P P P P P Petroleum pressure control stations Petroleum (crude) & gas field services P P Petroleum (crude) & natural gas drilling C C C C C Petroleum refining C C Pets & pet grooming - retail P P P P P P P Pharmaceutical preparations - manufacturing P P P Photocopying & blue printing services P P P P P P P Photoengraving P P P P P Photofinishing services P P P P P P P Photographic equipment & supplies - manufacturing P P P P P Photographic studios & services P P P P P P P Photographic supplies & cameras - retail P P P P P P P P Physicians' services P P P P P P P P Planetarium P P P P P P P Planing mills, general - manufacturing P P P P P Planning, architectural & engineering professional services P P P P P P P P P Plastering, masonry, stone work & tile setting services P P P P P P Plastic fabric, vinyl products & oilcloth - manufacturing P P P P Plastic materials & synthetic resins, synthetic rubber, synthetic & other manmad materials - manufacturing C C Plastic products - manufacturing P P Playfields & athletic fields C C C C C P P P P P P P P P P P P P P P P C P P P Playgrounds P P P P P P P P P P P P P P P P P Play lot or tot lot P P P P P P P P P P P P P P P P P Pleating, decorative & novelty stitching & tucking for the trade - manufacturing P P P P P Plumbing & heating equipment & supplies - retail P P P P P Plumbing fixtures & heating apparatus (except electrical) - manufacturing P P P P P Plumbing, heating, & air conditioning contracting services P P P P Plywood & veneer - manufacturing P P P P Porcelain electrical supplies - manufacturing P P P P P Pottery - manufacturing P P P P P Poultry & eggs - retail P P P Poultry & poultry products - wholesale P P P P = Permitted Use C = Conditional Use 14 of 21 Grand Island Council Session - 6/22/2021 Page 46 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Poultry & small game dressing & packing P C P Poultry hatchery services P P P Prefabricating wooden buildings & structural members - manufacturing P P P P Preserving & canning of fruits, vegetables & seafood's - manufacturing P P P P Pressed & molded pulp goods - manufacturing P P P P Pressing, alteration & garment repair services P P P P P P P Primary smelting & refining of nonferrous metals - manufacturing C C Printing ink - manufacturing P P P Printing, commercial P P P P P P P P Printing & publishing of books P P P P P Printing & publishing of newspapers P P P P P P P Printing & publishing of periodicals P P P P P P P Private Prisons C C Private clubs C C P P P P P P P Processing waste & recovering fibers & flock - manufacturing C C Professional equipment & supplies - wholesale P P P P P P P P Professional membership organizations P P P P P P P P P Professional offices not elsewhere listed P P P P P P P P P Pulp - manufacturing P P P P Q Quarrying, gravel, sand & dirt C C C C C C C C C C C C C C C C C Quarrying, stone C C C C C C C C C C C C C C C C C C C C C C C C R Race tracks & courses - animals P P Race tracks & courses - vehicle C C C C Radioactive materials processing & storage - manufacturing C C Radioactive waste materials disposal C Radio broadcasting studios P P P P P P P P P Radios, television, phonographs, recorders & tape players - manufacturing P P P P P Radios, televisions, phonographs, recorders, & tape players repair services P P P P P P P Radios, televisions, phonographs, recorders & tape players - retail P P P P P P Radio transmitting stations & towers C C C C C C C C C C C C C C C C C C C C C C C C C Railroad equipment & maintenance yard P P Railroad - equipment - manufacturing P P Railroad freight terminals P P P P P = Permitted Use C = Conditional Use 15 of 21 Grand Island Council Session - 6/22/2021 Page 47 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Railroad passenger terminals P P P Railroad right-of-way P P P P P P P P P P P P P P P P P P P P P P P P P Railroad switching yards P P P Raincoats & other waterproof outer garments - manufacturing P P P P P Real estate agents, brokers & management services P P P P P P P P Reclaiming rubber C C Recreational vehicles & equipment - manufacturing P P P P P Recreational vehicles & equipment - retail P P P P Recreation centers P P P P P P P P P Rectories P P P P P P P P P P P Recycling center C C C Refining & smelting (primary) of nonferrous metals C C Refining of petroleum C Refrigerated warehousing (except food lockers)P P P P P P P Refuse incineration C C Religious camps & retreats C C C C C Research, development & testing services P P P P P Resorts (general)C C C C P P P C Rest, nursing, & convalescent home services C C P C P P P P C Restaurants P P P P P P P P Restaurants, drive-in P P P P P P P P Retirement homes C C P C P P P P C Reupholstery & furniture repair services P P P P P P P Rice milling P P Riding stables & acadamies C C C C C C C Roadside stands offering agricultural products for sale on the premises P P P P P P P P Roller skating rinks - indoor P P P P P P P Rolling, drawing, & extrusion of nonferrous metals - manufacturing P P P P Rolling of ferrous metals, blast furnaces & steel works C C C C Roofing & sheet metal contracting services P P P P P Rooming & boarding houses C P C P P P P P Rubber footwear - manufacturing P P P P Rug & carpet cleaning & repair services P P P P P P P Rug & carpet - manufacturing P P P P S Salvage yard C C Sand & gravel quarrying C C C C C C C C C C C Sanitary landfill C C Sanitary paper products - manufacturing P P Sausages & other prepared meat products - manufacturing P P P P = Permitted Use C = Conditional Use 16 of 21 Grand Island Council Session - 6/22/2021 Page 48 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Savings & loan associations P P P P P P P P P Sawmills, general - manufacturing C P P Schools, art P P P P P P Schools, barber P P P P P P Schools, beauty P P P P P P Schools, business P P P P P P Schools, colleges P P P P P P Schools, computer P P P P P P Schools, correspondence P P P P P P Schools, dancing P P P P P P Schools, day care P P C P P P P C C C P Schools, driving P P P P P P Schools, junior college P P P P P P Schools, music P P P P P P Schools, nursery P P C P P P P P Schools, pre-primary C C C C C C C P P P P P P P P P Schools, primary P P P P P P P P P P P P P P P P P Schools, professional P P P P P P P Schools, secondary P P P P P P P P P P P P P P P Schools, stenographic P P P P P P Schools, technical P P P P P P Schools, trade P P P P P P Schools, universities P P P P P P Schools, vocational P P P P P P Scientific & educational research services P P P P P P P P Scrap & waste materials, nonmetallic - wholesale C C Screw machine products & bolts, nuts, screws, rivets, & washers - manufacturing P P P P P Secondary smelting & refining of nonferrous metals - manufacturing C C Second hand merchandise - retail P P P P P P P Seed treating P P P Seed and feed sales P P P P P Sewage sludge drying beds C P Sewage treatment facilities C C P Shades & venetian blinds - manufacturing P P P P P Sheet metal & roofing contracting services P P P P Shelving, partitions, lockers, & office & store fixture - manufacturing P P P P P Shoe repair, shoe shining, & hat cleaning services P P P P P P P P Shoes - manufacturing P P P P P Shoes - retail P P P P P P Shoes - wholesale P P P P P P P P Shortening, table oils, margarine, & other edible fats & oils - manufacturing P P P P P = Permitted Use C = Conditional Use 17 of 21 Grand Island Council Session - 6/22/2021 Page 49 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Signs & advertising displays - manufacturing P P P P Silverware & plated ware - manufacturing P P P P Skeet & trap shooting ranges C C P C C Sludge, municipal waste - application, incorporation, stockpiling, disposal C C C C C C C C Smelting & refining (primary) of nonferrous metals C C Smelting & refining (secondary) of nonferrous metals C C Soaps & detergents (except specialty cleaners) - manufacturing P P P Social, civic & fraternal associations C P C P P P P P P P P P Social correctional, treatment & counseling services P P C P P P P P P P Solid waste transfer stations C C C C C Sorority & fraternity houses P P C P P P P Souvenirs, gifts, novelties - retail P P P P P P P P Soybean oil milling P P P P Sporting, toys, amusement & athletic goods - manufacturing P P P P P Sporting goods - retail P P P P P P Stadiums C C C P Stationery - retail P P P P P P P Steel pipe & tubes - manufacturing P P P P Steel wire drawing, steel nails & spikes - manufacturing P P P P Steel works, blast furnaces & the rolling of ferrous metals C C Stenographic, duplicating, & mailing services P P P P P P Stock yards C C C C C C C Stone products & cut stone - manufacturing P P P P Stone - quarrying C C C C C C C C C Stone work, masonry, title setting, & plastering services P P P P P P Storage - mini P P P P P P P Storage & warehousing of nonhazardous products P P P P P P P P Storage & warehousing of hazardous products C C C C Storage & warehousing of household goods P P P P P P P P Store & office fixtures, lockers, partitions & shelving - manufacturing P P P P P Sugar refining - manufacturing C C Surgical & medical instruments & apparatus - manufacturing P P P P P Swimming clubs P P P P P Synagogues, churches, & temples C C C P P P P P P P P P P P P P P Synthetic, resins, synthetic rubber, plastic materials, synthetic & other manmade fibers (except glass) - manufacturing C C C T P = Permitted Use C = Conditional Use 18 of 21 Grand Island Council Session - 6/22/2021 Page 50 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Tailoring (custom)P P P P P P P Taverns P P P P P P P P Taxcicab dispatch P P P P P P Taxicab garaging & maintenance P P P P Telegraph communications P P P P P P P P P Telephone business office P P P P P P P P P Telephone exchange stations P P P P P Telephone maintenance yard P P P P Telephone relay towers (microwave)C C C C C C C C C C C C C C C C C C C C C C C C C Television broadcasting studios P P P P P P Television, radios, phonographs, recorders & tape players - manufacturing P P P P P Television, radios, phonographs, recorders & tape players repair services P P P P P P P Television, radios, phonographs, recorders, & tape players - retail P P P P P P P Television transmitting stations & relay towers C C C C C C C C C C C C C C C C C C C C C C C C C Temples, churches, & synagogues C C C P P P P P P P P P P P P P P Tennis clubs P P P P Textile bags - manufacturing P P P P Testing, research, & development services P P P P P Theaters, legitimate P P P P P P P P Theaters, motion picture, indoor P P P P P P P P Theaters, motion picture, outdoor C P P P Threads & yarns - manufacturing P P P P Tile setting, masonry, plastering & stone work services P P P P P P Tire cord & fabric - manufacturing P P P P Tire & inner tubes - manufacturing C C C C Tires & inner tubes - wholesale P P P P P P P P Title abstracting services P P P P P P P P Tobacco & tobacco products - wholesale P P P P P P Tobacco & snuff - manufacturing P P P P Tobacco leaf - wholesale P P P Tobacco stemming & redrying C C Tot lot or play lot P P P P P P P P P P P P P P P P P Tourist courts, hotels, & motels P P P P P C C P Toys, amusement, sporting & athletic goods - manufacturing P P P P P Transportation equipment and supplies (except motor vehicles)P Trap & skeet shooting ranges C C P C C Travel arranging services P P P P P P P P P Truck & automobile rental services P P P P P P P Truck wash services P P P P P P Turbines & engines - manufacturing P P P P P P = Permitted Use C = Conditional Use 19 of 21 Grand Island Council Session - 6/22/2021 Page 51 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 U Utility substations, pumping station, water reservoir & telephone exchange P P P P P P P P P P P P P P P P P P P P P P P P P Upholstery, draperies, & curtains - retail P P P P P P Upholstery filling & padding - manufacturing P P P P P V Variety & discount stores - retail P P P P P P P Vegetable oil milling (except cottonseed & soybean)P P P P Veneer & plywood - manufacturing P P P P Vending machine operations - retail P P P P P P P Venetian blinds & shades - manufacturing P P P P P Veterinarian services C C C C C P P P P P P P P Vinyl products, plastic fabric & oilcloth - manufacturing P P P P Vitreous china plumbing fixtures, china, earthward fillings & bathroom accessories - manufacturing P P P P P Vitreous china, table & kitchen articles - manufacturing P P P P P W Wallpaper - manufacturing P P P P P Wallpaper, paint & glass - retail P P P P P P P Warehousing & storage of hazardous products C C C C Warehousing & storage of nonhazardous products P P P P P Warehousing & storage of household goods P P P P P P P P Watch, clock, & jewelry repair services P P P P P P P Watches, clocks, clock work operated devices & parts - manufacturing P P P P P Water well drilling services P P P P P P Welding & blacksmith services P P P P Welfare & charitable services P P P P P P P P Wet corn milling P P P P Wind energy installation C C C C Wine, beer, & alcoholic beverages - wholesale P P P P P P P Wine, brandy, & brandy spirits - manufacturing P P P P Wire products (fabricated) - manufacturing P P P P Wooden containers - manufacturing P P P P Wool preserving - manufacturing Wool & mohair - wholesale P P P P P P P Worm farms P P P P P P P Y Yarn & threads - manufacturing P P P P Z P = Permitted Use C = Conditional Use 20 of 21 Grand Island Council Session - 6/22/2021 Page 52 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Zoos P P P ADDITIONAL LAND USE CATEGORIES P = Permitted Use C = Conditional Use 21 of 21 Grand Island Council Session - 6/22/2021 Page 53 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - 3234 West Schimmer Drive (GIG Ventures, LLC) Council action will take place under Consent Agenda item G-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 54 / 358 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Acquisition of Utility Easement – 3234 West Schimmer Drive – GIG Ventures 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 GIG Ventures, LLC, located through a part of the South Half of the Southwest Quarter (S ½, SW ¼) of Section Thirty-Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska (3234 West Schimmer Drive), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion GIG Ventures, LLC, has requested a new electrical service to accommodate the upgrade to their building located at 3234 West Schimmer Drive. A new 150 kVA 3-phase pad- mount transformer and approximately 230 linear feet of 1/0 cable inside of a 4” conduit will be installed to accommodate the service upgrade. The proposed easement will allow the Utilities Department to install, access, operate, and maintain the electrical infrastructure at 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 Grand Island Council Session - 6/22/2021 Page 55 / 358 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 - 6/22/2021 Page 56 / 358 Grand IslandCouncil Session - 6/22/2021Page 57 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item E-4 Public Hearing on Acquisition of Utility Easement - 1814 N. Eddy (Casey's Retail Co.) Council action will take place under Consent Agenda item G-5. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 58 / 358 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Acquisition of Utility Easement – 1814 N. Eddy Street – Casey’s Retail Co. a/k/a Casey’s General Store 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 Casey’s Retail Company, located through a part of the Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition to the City of Grand Island, Hall County, Nebraska (1814 N. Eddy Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Casey’s Retail company constructed a new store located at 1814 North Eddy Street in 2008. An 8” water main (Water Main Project 2008-W-7) was relocated to accommodate the construction of the new gas canopy. Due to some construction in the Five Points area, Utility Engineering discovered the original document was never signed or filed. This easement will allow the Utilities Department to access, operate, and maintain the water infrastructure previously installed at 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 Grand Island Council Session - 6/22/2021 Page 59 / 358 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 - 6/22/2021 Page 60 / 358 Grand Island Council Session - 6/22/2021 Page 61 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item E-5 Public Hearing on the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan Council action will take place under Resolutions item I-2. Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/22/2021 Page 62 / 358 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:June 22, 2021 Subject:Public Hearing Concerning the Semi-Annual Report by the Citizen Advisory Review Committee on the Economic Development Program Plan Presenter(s):Dave Taylor, Executive Director Background The voters of the City of Grand Island approved an economic development plan at the November 6, 2012 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizen Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizen Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The Citizen Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of June 3, 2021 and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the semi-annual report of the Citizen Advisory Review Committee. 2.Do not accept the semi-annual report of the Citizen Advisory Review Committee. Grand Island Council Session - 6/22/2021 Page 63 / 358 Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizen Advisory Review Committee. Sample Motion Move to accept the semi-annual report of the Citizen Advisory Review Committee. Grand Island Council Session - 6/22/2021 Page 64 / 358 Semi-Annual Review Grand Island Council Session - 6/22/2021 Page 65 / 358 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 - 6/22/2021 Page 66 / 358 LB840 Projects Active: Hendrix Genetics 43 new jobs GIX Logistics 12 new jobs Zabuni Specialty Coffee Auction 10 new jobs Amur Equipment Finance 15 new jobs Dramco Tool Company 7 new jobs Grand Island Council Session - 6/22/2021 Page 67 / 358 LB840 Balance as of 5/24/21 $1,459,793 Amur Equipment Finance ($56,000) Zabuni Specialty Coffee ($51,666) GIX Logistics ($93,334) Dramco Tool ($17,142) Ending LB840 Balance $1,241,649 Grand Island Council Session - 6/22/2021 Page 68 / 358 LB840 Funds Invested: $5,994,100 Jobs Created: 1048 Annual Wages Created: $33,836,296 2015-2020 Average Wage: $19.07 Grand Island Council Session - 6/22/2021 Page 69 / 358 2021 Project Pipeline Business Recruitment Projects: Green Thumb EX Ice Age Lee Rex Scale Hexagon Stern French Fry BNPET Curl Grand Island Council Session - 6/22/2021 Page 70 / 358 Platte Valley-East Grand Island Council Session - 6/22/2021 Page 71 / 358 Spring 2021 Nebraska Tech Collaborative SCEDD Economic Development Forum Invest Nebraska Tony Goins, NE DED Director Rural Workforce Housing Grant Award Land Bank Seminar Site Visits x2 Grand Island Council Session - 6/22/2021 Page 72 / 358 Grand Island Council Session - 6/22/2021 Page 73 / 358 MovetoGrandIsland.com Grand Island Council Session - 6/22/2021 Page 74 / 358 Grand Island Council Session - 6/22/2021 Page 75 / 358 Questions? Thank YOU for your dedication to Grand Island. Grand Island Council Session - 6/22/2021 Page 76 / 358 LB840 Application Located @ 308 West Third Street GIX Logistics is in the business of transportation, logistics, and distribution across the country. 75% of GIX’s customers are located outside the State of Nebraska, thus increasing interstate commerce in to the community. Grand Island Council Session - 6/22/2021 Page 77 / 358 2015: Added 26 new jobs 2019: Added 12 new jobs Have exceeded job growth contract requirements 2021: Adding 15 new jobs Grand Island Council Session - 6/22/2021 Page 78 / 358 Adding 15 new positions Inside Sales Representatives Increase employee count to 94 in Railside office Average of $29.50 / hour Grand Island Council Session - 6/22/2021 Page 79 / 358 Proposed LB840 Incentive Job Creation:$247,500 Job Training: $40,000 Infrastructure:$22,500 TOTAL:$310,000 Disbursed incrementally through 2024 After completion of workforce audits Grand Island Council Session - 6/22/2021 Page 80 / 358 Proposed LB840 Distribution Schedule Year LB840 Category LB840 Funds Distributed 2021 Job Training Infrastructure $20,833 2022 Job Training Job Creation Infrastructure $86,833 2022 Job Training Job Creation Infrastructure $119,834 2023 Job Creation $82,500 TOTAL $310,000 Grand Island Council Session - 6/22/2021 Page 81 / 358 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 - 6/22/2021 Page 82 / 358 Request to approve GIX Logistics’ LB840 application for $310,000 over a four-year contract period. Grand Island Council Session - 6/22/2021 Page 83 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item E-6 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 287; 18th Street from Walnut Street to Wheeler Avenue Council action will take place under Consent Agenda item G-13. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 84 / 358 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 22, 2021 Subject:Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 287; 18th Street from Walnut Street to Wheeler Avenue Presenter(s):John Collins PE, Public Works Director Background In the process of cleaning up sanitary sewer records within the Public Works Department it has been discovered that sanitary sewer easements in Sanitary Sewer District No. 287; 18th Street from Walnut Street to Wheeler Avenue were not acquired at the time of the public sanitary sewer main installation. This matter dates back to 1955. Without the necessary easement the City does not have proper authority to maintain the existing public sanitary sewer main. The public utility easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. Discussion Public utility easements are needed to accommodate the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer in Sanitary Sewer District No. 287; 18th Street from Walnut Street to Wheeler Avenue. The property owners have signed the necessary document to grant the property, as shown on the attached drawings, at no cost. Property Owner Legal Description Anh Huynh Nguyen THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #201608342 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 737 SQURE FEET; MORE OR LESS. Phillip R. Pickering and Margaret A. Pickering THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #202002516 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 840 SQUARE FEET, MORE OR LESS. Grand Island Council Session - 6/22/2021 Page 85 / 358 Thomas Ziller and Angela J. Ziller THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #200102312 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 911 SQUARE FEET, MORE OR LESS. 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 acquisition of the necessary permanent utility easements. Sample Motion Move to approve the acquisition of the necessary permanent utility easements. Grand Island Council Session - 6/22/2021 Page 86 / 358 18TH S T R E E T WHEELER AVENUE 304 W 18TH ST LOT 11LOT 10LOT 9 LOT 11 312 W 18TH ST PUBLIC WORKS DEPARTMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT 304 WEST 18TH STREET, GRAND ISLAND, NEBRASKA N A PERMANENT SANITARY SEWER EASEMENT LOCATED IN PART OF LOT 10 & PART OF LOT 11, HOME SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #201608342 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 737 SQUARE FEET, MORE OR LESS. 12.00' NEWLY DEDICATED PERMANENT SANITARYSEWER EASEMENT TRACT OF LAND MOREPARTICULARLY DESCRIBED IN INSTRUMENT #201608342 LEGAL DESCRIPTION BUILDING ENVELOPE LOT LINE INSTRUMENT #201608342 BOUNDARY NEWLY DEDICATED PERMANENT SANITARY SEWER EASEMENT LEGEND Grand Island Council Session - 6/22/2021 Page 87 / 358 1.0 INCH PIPE 18TH S T R E E T 304 W 18TH ST LOT 11LOT 10LOT 9 LOT 11 312 W 18TH ST 324 W 18TH ST LOT 10 LOT 11 PUBLIC WORKS DEPARTMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT 312 WEST 18TH STREET, GRAND ISLAND, NEBRASKA N A PERMANENT SANITARY SEWER EASEMENT LOCATED IN PART OF LOT 11, HOME SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #202002516 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 840 SQUARE FEET, MORE OR LESS. 12.00' NEWLY DEDICATED PERMANENT SANITARYSEWER EASEMENT TRACT OF LAND MORE PARTICULARLY DESCRIBED ININSTRUMENT #202002516 LEGAL DESCRIPTION BUILDING ENVELOPE LOT LINE INSTRUMENT #202002516 BOUNDARY NEWLY DEDICATED PERMANENT SANITARY SEWER EASEMENT LEGEND Grand Island Council Session - 6/22/2021 Page 88 / 358 18TH S T R E E TWALNUT STEETLOT 9 312 W 18TH ST 324 W 18TH ST LOT 11 LOT 11 LOT 11LOT 12PUBLIC WORKS DEPARTMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT 324 WEST 18TH STREET, GRAND ISLAND, NEBRASKA N BUILDING ENVELOPE LOT LINEA PERMANENT SANITARY SEWER EASEMENT LOCATED IN PART OF LOT 11, HOME SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #200102312 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 911 SQUARE FEET, MORE OR LESS. 12.00' NEWLY DEDICATEDPERMANENT SANITARY SEWER EASEMENT INSTRUMENT #200102312 BOUNDARY NEWLY DEDICATED PERMANENT SANITARY SEWER EASEMENT LEGAL DESCRIPTION TRACT OF LAND MOREPARTICULARLY DESCRIBEDIN INSTRUMENT #200102312 LEGEND Grand Island Council Session - 6/22/2021 Page 89 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item F-1 #9830 - Consideration of Vacation of Utility Easements - 3625 Old Potash Highway - Hornady Manufacturing Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 90 / 358 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Ordinance #9830 - Consideration of Vacation of Utility Easements – 3625 Old Potash Highway Presenter(s):Timothy Luchsinger, Utilities Director Background Two utility easement tracts were acquired by the City of Grand Island located in part of the Northwest Quarter of the Northeast Quarter (NW ¼, NE ¼) of Section Twenty-Four (24), Township Eleven (11) North, Range Ten (10) West, as described in Miscellaneous Book W-1, page 297, recorded in the Hall County Register of Deeds Office on August 23, 1972. Hornady Manufacturing has requested the vacation of two unoccupied utility easements located at their manufacturing plant located at 3625 Old Potash Highway. Discussion Hornady Manufacturing has added on to their existing building and has relocated their existing electrical service into a newly acquired easement. The old electrical service has been removed from the two easement tracts to be vacated. The vacation of these two easements will allow the owner/developer to proceed with future development. 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 - 6/22/2021 Page 91 / 358 Recommendation City Administration recommends that the Council approve the Ordinance, and that the described easement tracts be vacated. Sample Motion Move to approve the Ordinance and vacate the utility easements as described. Grand Island Council Session - 6/22/2021 Page 92 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney ORDINANCE NO. 9830 This ordinance is to vacate two easement tracts that were acquired by the City of Grand Island located in part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West, as described in Miscellaneous Book W-1, page 297, recorded in the Hall County Register of Deeds Office on August 23, 1972, and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; and to provide for the publication and the effective date of this ordinance. Easement Tract No. 1 of the previously described document shall be retained. Easement Tract No. 2 and Easement Tract No. 3 to be vacated being more particularly described as follows: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the two utility easements and right-of-way acquired by the City of Grand Island located in part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West, Hall County, Nebraska, as described in Miscellaneous Book W-1, page 297, recorded in the Hall County, Register of Deeds Office on August 23 to be vacated being more particularly described as follows: THIS SPACE RESERVED FOR REGISTER OF DEEDS Grand Island Council Session - 6/22/2021 Page 93 / 358 ORDINANCE NO. 9830 (Cont.) 2 TRACT NO. 2 A tract of land lying eight (8.0) feet to the right and left of a line described as beginning at a point one hundred eighty three (183.0) feet south of and three hundred forty (340.0) feet east of the northwest corner of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West; thence southerly on a line parallel with and three hundred forty (340.0) feet east of the west line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4), a distance of five hundred six and five tenths (506.5) feet, said point being six hundred eighty nine and five tenths (689.5) feet south of the north line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4); thence deflecting right and running westerly on a line six hundred eighty nine and five tenths (689.5) feet south of and parallel with the north line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) to a point sixty five (65.0) feet east of the west line of the said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4), said Tract No. 2 containing 0.28 acres, more or less. TRACT NO. 3 A tract of land beginning at a point sixty five (65.0) feet east of and two hundred thirty seven and five tenths (237.5) feet south of the northwest corner of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4); thence easterly on a line two hundred thirty seven and five tenths (237.5) feet south of and parallel with the north line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) to a point two hundred sixteen and twenty five hundredths (216.25) feet east of the west line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4); thence deflecting right and running southerly on a line two hundred sixteen and twenty five hundredths (216.25) feet east of and parallel with the west line of the said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) for a distance of thirty two (32.0) feet; thence deflecting right and running westerly on a line two hundred sixty nine and five tenths (269.5) feet south of and parallel with the north line of the said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) for a distance of nineteen (19.0) feet; thence deflecting right and running northerly on a line one hundred ninety seven and five tenths (197.5) feet east of and parallel with the west line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) for a distance of sixteen (16.0) feet; thence deflecting left and running westerly on a line two hundred fifty three and five tenths (253.5) feet south of and parallel with the north line of the said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) to a point sixty five (65.0) feet east of the west line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4); thence northerly on a line sixty five (65.0) feet east of and parallel with the west line of said Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) to the said Point of Beginning, said Tract No. 3 containing 0.06 acres, more or less. Such Utility Easements to be vacated as shown on Exhibit “A” attached hereto dated 6/2/2021 and incorporated herein by reference. SECTION 2. This Ordinance is hereby directed to be recorded in the office of the Register of Deeds of Hall County, Nebraska. Grand Island Council Session - 6/22/2021 Page 94 / 358 ORDINANCE NO. 9830 (Cont.) 3 SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall be in force and take effect from and after its passage and publication within fifteen (15) days in one issue of the Grand Island Daily Independent as provided by law. Enacted: June 22, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 95 / 358 Grand IslandCouncil Session - 6/22/2021Page 96 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item F-2 #9831 - Consideration of Approving Changes to Chapter 27 of the Grand Island City Code Relative to Procurement Staff Contact: Stacy Nonhof, Interim City Attorney Grand Island Council Session - 6/22/2021 Page 97 / 358 Council Agenda Memo From:Stacy R. Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Amend City Code Chapter 27 Purchasing Presenter(s):Stacy R. Nonhof, Interim City Attorney Background Periodically it is a good idea to review City Code sections to make sure that they reflect the state of the law and purchasing power in today’s world. The changes proposed to Chapter 27 regarding purchasing are the result of review by the City Attorney’s Office and the Finance Department. Once a draft document was created, all department directors were given the chance to propose any changes or updates to Chapter 27. Discussion The purpose of this ordinance is to update Chapter 27 of the Grand Island City Code and bring it into compliance with State Statute. Some of the major changes to Chapter 27 are: 27-4 – The bidder claiming confidential or proprietary information must provide an explanation of that claim when making the claim. 27-7 – It updates the minimum amount of a contract that requires Council approval to $30,000.00 and is in compliance with the amount set in state purchasing statutes. 27-8 – Competitive Sealed Bidding will now need to be advertised for 15 days instead of 7. This will be the same duration as Requests for Proposals and Qualifications. 27-11 – Small Purchases will now be allowed up to the amount of $10,000.00 without a requirement for quotations. Currently, the amount for goods is $2,500.00 and the amount for work requiring labor is $7,500.00 – this change makes it a uniform amount across the board without the distinction of labor being involved or not. Quotes will be required for purchases between $10,000 but equal to or less than $30,000.00. Anything over $30,000 will require a public letting that is approved by Council. Municipal electric utility enlargements or improvements will require three quotes between the amounts of $10,000 and $120,000. This amount is set by State Statute. Grand Island Council Session - 6/22/2021 Page 98 / 358 27-12 – Sole Source Procurement is updated to only be a valid sole source for a period of ten years. After ten years, the department will be required to re-solicit bids and present another Sole Source designation to the Council. 27-13 – Emergency Procurements has been updated to reflect the language of State Statute. 27-32 – Performance and Payment Bonds – the amount has been updated to reflect the amount triggering the requirement under State Statute to contracts in the amount of $10,000 or more for the erecting, furnishing, or repairing of any public building, bridge, roadway, or other public structure or improvement. 27-34 – Fiscal Responsibility has been changed to reflect a more realistic number requiring prior Council approval for a contract modification, change order, or contract price adjustment from $300 to an amount of five percent or more than the original contract amount. 27-62 Business Travel has been removed to make a requirement for a travel policy manual that will be subject to approval by the Finance Director and City Administrator. All travel will be in compliance with that manual. 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 Ordinance No. 9831. Sample Motion Move to approve Ordinance No. 9831. Grand Island Council Session - 6/22/2021 Page 99 / 358 Approved as to Form¤ ___________ June 17, 2021 ¤ City Attorney ORDINANCE NO. 9831 An ordinance to amend Chapter 27 of Grand Island City Code; to amend Sections 27-3 thru 27-5, 27-7 thru 27-13, 27-32, 27-34, 27-35, and 27-60 thru 27-64; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 27-3 thru 27-5, 27-7 thru 27-13, 27-32, 27-34, 27-35, and 27-60 thru 27-64 of the Grand Island City Code is hereby amended to read as follows: §27-3. Definitions Architect, Engineer and Land Surveying Services. Those professional services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of the State of Nebraska. Blind Trust. An independently managed trust in which the employee-beneficiary has no management rights and in which the employee beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust. Brand Name or Equal Specification. A specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to meet City requirements, and which provides for the submission of equivalent products. Brand Name Specification. A specification limited to one or more items by manufacturers' names or catalogue numbers. Business. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. Change Order. A written order signed and issued by the purchasing agent, directing the contractor to make changes which the "Changes" clause of the contract authorizes the purchasing agent to order without the consent of the contractor. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Contract Modification (bilateral change). Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. A written order signed and issued by the purchasing agent, directing the contractor to make changes which the "Changes" clause of the contract authorizes the purchasing agent to order without the consent of the contractor. Grand Island Council Session - 6/22/2021 Page 100 / 358 ORDINANCE NO. 9831 (Cont.) 2 Confidential Information. Any information which is available to an employee only because of the employee's status as an employee of the City and is not a matter of public knowledge or available to the public on request. Construction. The process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. Contract. All types of City agreements, regardless of what they may be called, for the procurement of supplies, services, or construction. Contractor. Any person having a contract with the City or a using agency thereof. Cost Analysis. The evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed. Cost Data. Factual information concerning the cost of labor, material, overhead, and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract. Cost-Reimbursement Contract. A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee or profit, if any. Direct or Indirect Participation. Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity. Disadvantaged Business. A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. Employee. An individual drawing a salary or wages from the City, whether elected or not; any noncompensated individual performing personal services for the City, or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the City; and any noncompensated individual serving as an elected official of the City. Financial Interest. (a) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than $100 per year, or its equivalent; (b) ownership of 1% of any property or business; or (c) holding a position in a business such as officer, director, trustee, partner, employee, or the like, or holding any position of management. Gratuity. A payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. Immediate Family. A spouse, children, parents, brothers, and sisters. Invitation for Bids. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids. Person. Any business, individual, union, committee, club, other organization, or group of individuals. Grand Island Council Session - 6/22/2021 Page 101 / 358 ORDINANCE NO. 9831 (Cont.) 3 Price Analysis. The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed. Pricing Data. Factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices. Procurement. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and all phases of contract administration. Public Agency. A public entity subject to or created by the City. Qualified Products List. An approved list of supplies, services, or construction items described by model or catalogue numbers, which, prior to competitive solicitation, the City has determined will meet the applicable specification requirements. Request for Proposals. A document, whether attached or incorporated by reference, utilized for soliciting proposals. Responsible Bidder or Offeror. A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Responsive Bidder. A person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids. Services. The furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term shall not include employment agreements or collective bargaining agreements. Small Business. A United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation. Specification. Any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of a requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery. Supplies. All property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land. Using Agency. Any department, commission, board, or public agency requiring supplies, services, or construction procured pursuant to this chapter. §27-4. Public Access To Information Procurement information shall be a public record to the extent provided in Neb. R.R.S. §84-712 to §84-712.09, as amended, and shall be available to the public as provided in such statutes. Any material marked as confidential, proprietary and/or as a trade secret will only be withheld pursuant to these statutes if the bidder includes an explanation of why this information should be withheld. Grand Island Council Session - 6/22/2021 Page 102 / 358 ORDINANCE NO. 9831 (Cont.) 4 §27-5. Purchasing Agent There is hereby created an Office of the Purchasing Agent, headed by the Chief Purchasing Agent. The Chief Purchasing Agent shall be a person with demonstrated executive and organizational ability with knowledge of public procurement law and contracts. The City Attorney, or their designee, shall perform the duties of Purchasing Agent during any period that such office shall be vacant. The Purchasing Agent may establish rules and procedures regarding purchases, purchase orders and use of City credit cards. §27-7. Delegation To Other Officials With the approval of the City Council and the Mayor, the Purchasing Agent may delegate authority to purchase certain supplies, services, or construction items to other City officials, if such delegation is deemed necessary for the effective procurement of those items. Procurement authority with respect to certain supplies, services, or construction may be delegated to other City officials by the Mayor with the approval of the City Council, when such delegation is deemed necessary for the effective procurement of these supplies, services, or construction. Procurement authority with respect to purchases of materials, supplies, equipment, services and professional services under §27-11 is delegated to the department directors. City Council approval shall be required for all contracts for the purchase of materials, supplies, equipment, services and professional services of more than $30,000.00. §27-8. Competitive Sealed Bidding Conditions for Use. All contracts of the City shall be awarded by competitive sealed bidding Except as otherwise provided in §27-9 (Competitive Sealed Proposals), §27-10 (Designated Professional Services), §27-11 (Small Purchases), §27-12 (Sole Source Procurement), §27-13 (Emergency Procurements), and §27-35 (Architects, Engineers, Surveyors) of this chapter, all contracts of the City shall be awarded by competitive sealed bidding. Invitation for Bids. An invitation for bids shall be issued and shall include specifications, and all contractual terms and conditions applicable to the procurement. Invitations for bids on public works contracts shall require a statement of compliance with fair labor standards as required by Neb. R.R.S. 73-102. Public Notice. Adequate Public notice of the invitation for bids shall be given a reasonable time, not less than seven (7) fifteen (15) calendar days prior to the date set forth therein for the opening of bids. Such notice must be posted on the City’s website under the Business tab, specifically the bids and request for proposals sections. Such notice may shall also include publication in a newspaper of general circulation a reasonable time no less than fifteen (15) calendar days prior to bid opening. The public notice shall state the place, date, and time of bid opening. Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as the purchasing agent deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with §27-4 (Public Access to Information). Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the Grand Island Council Session - 6/22/2021 Page 103 / 358 ORDINANCE NO. 9831 (Cont.) 5 requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. Correction or Withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: (A) The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or (B) The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the purchasing agent. Award. The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, subject to the requirements of Neb. R.R.S. 73-101.01 for resident bidder preference. In the event the low responsive and responsible bid for a construction project exceeds available funds as certified by the city treasurer, and such bid does not exceed such funds by more than five percent, the purchasing agent is authorized, when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds. Negotiated adjustments shall be based upon eliminating independent deductive items specified in the invitation for bids or upon adjustments to unit prices or project prices. Multi-Step Sealed Bidding. When it is considered impractical to prepare initially a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. Local Bidder Preference. In case of tied low bids, all other things being equal, preference shall be given in the following order: (A) To those bidders who manufacture their products within the limits of the City of Grand Island; (B) To those bidders who manufacture their products within the limits of the County of Hall; Grand Island Council Session - 6/22/2021 Page 104 / 358 ORDINANCE NO. 9831 (Cont.) 6 (C) To those bidders who package, process, or through some other substantial operation have employees and facilities for these purposes in the City of Grand Island; (D) To those bidders who package, process, or through some other substantial operation have employees and facilities for these purposes in the County of Hall; (E) To those bidders who maintain a bona fide business office in the City of Grand Island, whose products may be made outside the confines of the County of Hall; (F) To those bidders who maintain a bona fide business office in the County of Hall, whose products may be made outside of the confines of the County of Hall; (G) To those bidders whose commodities are manufactured, mined, produced, or grown within the State of Nebraska, and to all firms, corporations, or individuals doing business as Nebraska firms, corporations, or individuals when quality is equal or better and delivered price is the same or less than the other bids received; (H) To those bidders whose commodities are manufactured, mined, produced, or grown within the United States of America, and to all firms, corporations, or individuals doing business as firms registered in states other than Nebraska, when quality is equal or better and delivered price is the same or less than the other bids received. §27-9. Competitive Sealed Proposals Conditions for Use. When the purchasing agent determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposals method. Request for Proposals. Proposals shall be solicited through a request for proposals. Public Notice. Adequate Public notice of the request for proposals shall be given in the same manner as provided in §27-8 (Competitive Sealed Bidding); provided, the minimum time shall be fifteen (15) calendar days. Receipt of Proposals. No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal during the process of negotiation including meetings and interviews with any of the offerors. The register of proposals containing the name and address of the offerors shall be open for public inspection. All proposals shall be open for public inspection after the award of the contract. Evaluation Factors. The request for proposals shall state the relative importance of price and other evaluation factors. Discussion with Responsible Offerors and Revisions to Proposals. As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussion, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors. Award. Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. Grand Island Council Session - 6/22/2021 Page 105 / 358 ORDINANCE NO. 9831 (Cont.) 7 §27-10. Designated Professional Services Authority. For the purpose of procuring the services of accountants, clergy, physicians, lawyers, or dentists, as defined by the laws of the State of Nebraska, any using agency requiring such services may procure them on its own behalf, in accordance with the selection procedures specified in this section. A using agency procuring such services shall consult with the purchasing agent. No contract for the services of legal counsel may be awarded without the approval of the city council. Selection Procedure: (A) Conditions for Use. Except as provided under §27-12 (Sole Source Procurement) or §27-13 (Emergency Procurements), the professional services designated in this section shall be procured in accordance with this section. (B) Statement of Qualifications. Persons engaged in providing the designated types of professional services may submit statements of qualifications and expressions of interest in providing such professional services. A using agency using such professional services may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement. (C) Public Announcement and Form of Request for Proposals. Adequate public notice of the need for such services shall be given by the using agency requiring the services through a request for proposals. Public notice of the request for proposals shall be given in the same manner as provided in §27-8 (Competitive Sealed Bidding). Such notice may include publication in a newspaper of general circulation not less than seven (7) days prior to the final date for receipt of proposals. The request for proposals shall describe the services required, list the types of information and data required of each offeror, and state the relative importance of particular qualifications. (D) Discussions. The head of a using agency procuring the required professional services or a designee of such officer may conduct discussions with any offeror who has submitted a proposal to determine such offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors. (E) Award. Award shall be made to the offeror determined in writing by the head of the using agency procuring the required professional services or a designee of such officer to be best qualified based on the evaluation factors set forth in the request for proposals, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, in the order of their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable. §27-11. Small Purchases General. The Purchasing Agent shall adopt operational procedures for making small purchases of materials, supplies, equipment, services or labor in the amount of $10,000 or less. Such operational procedures shall provide for obtaining adequate and reasonable competition for the supply, service, or construction being purchased. Purchases shall not be artificially divided so as to constitute a purchase by quotation or general purchase under this section. Grand Island Council Session - 6/22/2021 Page 106 / 358 ORDINANCE NO. 9831 (Cont.) 8 General. Any contract not exceeding $20,000, or in the case of utility power plant fuel contracts, any contract not exceeding $40,000, or for the purchase of equipment used for such enlargement or improvement of the electric system, any contract not exceeding $40,000, may be made in accordance with the purchase by quotation and small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to constitute a purchase by quotation or a small purchase under this section. Public Works General Improvement Projects. In any contract not exceeding $20,000 for enlargement or general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The names of businesses submitting quotations, and the date and amount of each quotation shall be recorded and maintained as a public record. Utility Power Plant Fuel Contracts. In all purchases of utility power plant fuel not exceeding $40,000 per contract, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The names of businesses submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record. Municipal Electric Utility Enlargement or Improvement. In any contract by the municipal electric utility for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement, when said contract does not exceed $40120,000, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The names of businesses submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record. Purchases by Quotation. Insofar as it is practical for materials, supplies, equipment and services or labor purchases in excess of $2,500 10,000 but equal to or less than $30,000, and services and services/materials purchases in excess of $7,510,000, no less than three (3) businesses shall be solicited to submit quotations. For contracts by the municipal electric utility for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement, the amount for three (3) quotes shall be between $10,000 and $120,000. Award shall be made to the business offering the lowest acceptable quotation. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and maintained as a public record. Purchase requirements shall not be artificially divided so as to constitute a purchase by quotation or general purchase under this section. Small Purchases. The purchasing agent shall adopt operational procedures for making small purchases of materials, supplies and equipment, in an amount of $2,500 or less, and for making purchases of services and labor, including materials in an amount of $7,50010,000 or less. Such operational procedures shall provide for obtaining adequate and reasonable competition for the supply, service, or construction being purchased. Further, such operational procedures shall require the preparation and maintenance of written records adequate to document the competition obtained, properly account for the funds expended, and facilitate an audit of the small purchase made. Grand Island Council Session - 6/22/2021 Page 107 / 358 ORDINANCE NO. 9831 (Cont.) 9 §27-12. Sole Source Procurement A contract may be awarded without competition when after advertising for bids the city council determines that there is only one source for the required supply, service, or construction. The purchasing agent shall conduct negotiations, as appropriate, as to price, delivery, and terms. A record of sole source procurements shall be maintained as a public record and shall list each contractor's name, the amount and type of each contract, a listing of the items procured under each contract, and the identification number of each contract file. Such sole source designation shall only be valid for ten (10) years. After ten (10) years, the using department shall resolicit bids for said item(s). §27-13. Emergency Procurements Notwithstanding any of the provisions of this chapter, the city council may as authorized by State Statutes make or authorize the Purchasing Agent or others to make emergency procurements of supplies, services, or construction when there exists a threat from infectious or contagious diseases, destructive windstorms, floods, snow, war, or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of, or serious injury or damage to life, public health, welfare, or safety, endangering property, or cause disruption of public utility services; provided, that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the items procured under the contract, and the identification number of the contract file. A copy of the contract and department justification of the emergency shall be provided to the Purchasing Agent within three (3) business days after the contract approval. A copy of the justification shall be kept with the contract in the contract file. §27-32. Performance And Payment Bonds When Required; Amounts. When a construction contract is awarded in excess of $2510,000, for the erecting, furnishing, or repairing of any public building, bridge, roadway, or other public structure or improvement, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract: (A) A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Nebraska or otherwise secured in a manner satisfactory to the City, in an amount equal to 100% of the price specified in the contract; and (B) A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State of Nebraska or otherwise secured in a manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to 100% of the price specified in the contract. Reduction of Bond Amounts. After ten (10) days written notice to the Mayor and City Council, the purchasing agent is authorized to reduce the amount of performance and payment bonds to 50% of the contract price for each bond when a written determination is made that it is in the best interests of the City to do so. Grand Island Council Session - 6/22/2021 Page 108 / 358 ORDINANCE NO. 9831 (Cont.) 10 Authority to Require Additional Bonds. Nothing in this section shall be construed to limit the authority of the City to require a performance bond or other security in addition to those bonds, or in circumstances other than specified in this section. Suits on Payment Bonds; Right to Institute. Unless otherwise authorized by law, any person who has furnished labor or material to the contractor or subcontractors for the work provided in the contract, for which a payment bond is furnished under this section, and who has not been paid in full within 90 days from the date on which that person performed the last of the labor or supplied the material, shall have the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due that person. However, any person having a contract with a subcontractor of the contractor, but no express or implied contract with the contractor furnishing the payment bond, shall have a right of action upon the payment bond upon giving written notice to the contractor within 90 days from the date on which that person performed the last of the labor or supplied the material. That person shall state in the notice the amount claimed and the name of the party to whom the material was supplied or for whom the labor was performed. The notice shall be served personally or by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business. Suits on Payment Bonds; Where and When Brought. Unless otherwise authorized by law, every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or district in which the construction contract was to be performed. §27-34. Fiscal Responsibility Every contract modification, change order, or contract price adjustment under a construction contract with the City in excess of $300in an amount less than five percent (5%) of the original contract amount may be approved by the department director and Purchasing Agent. Every contract modification, change order, or contract price adjustment in an amount of five percent (5%) or more than the original contract amount is shall be subject to prior written certification by the head of the department responsible for the project or the contract, or other official responsible for monitoring and reporting upon the status of the costs of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. In the event that the certification discloses a resulting increase in the total project budget and/or the total contract budget, the purchasing agent shall not execute or make such contract modification, change order, or adjustment in contract price unless sufficient funds have been appropriated therefor, or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget and/or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration; provided, however, that with respect to the validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this section. Not withstanding the above, every contract modification, change order, or contract price adjustment in excess of $10,000 more than 5% of the contract price shall require prior approval of the City Council unless the delay necessitated by such prior approval would: endanger public health, welfare, or safety; endanger property; cause or prolong disruption of public utility Grand Island Council Session - 6/22/2021 Page 109 / 358 ORDINANCE NO. 9831 (Cont.) 11 service, or result in increased costs to the City. If prior council approval is not obtained, such approval shall be requested within thirty (30) days of approval by the department director. §27-35. Architects; Engineers; Surveyors Public Announcement. It is the policy of the City to announce publicly all requirements for architects, engineers, and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architect, engineer, and land surveying services, the purchasing agent shall request firms to submit a statement of qualifications and performance data. Selection Process. A selection committee shall be appointed by the director of the department requesting such services. composed of the purchasing agent, the director of public works and the head of a using agency in need of the architect, engineer, or land surveying services The selection committee shall conduct discussions with no less than three firms regarding the proposed contract and the relative utility of alternative methods of approach for furnishing the required services and shall select from among them no less than three of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the selection committee. Negotiation. The purchasing agent shall negotiate a contract with the firm considered to be the most qualified for architect, engineer, or land surveying services at compensation which the purchasing agent determines in writing to be fair and reasonable to the City. In making this decision, the purchasing agent shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the purchasing agent be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the purchasing agent determines to be fair and reasonable to the City, negotiations with that firm shall be formally terminated. The purchasing agent shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the purchasing agent shall formally terminate negotiations. The purchasing agent shall then undertake negotiations with the third most qualified firm. Should the purchasing agent be unable to negotiate a contract at a fair and reasonable price with any of the selected firms, the selection committee shall select additional firms in order of their competence and qualifications, and the purchasing agent shall continue negotiations in accordance with this section until an agreement is reached. §27-60. Authorized Expenditures The mayor and city council shall be authorized to approve the expenditure of funds in accordance with the Local Government Miscellaneous Expenditure Act, subject to the following: (A) Authorized expenses may include: (i) Registration costs, tuition costs, fees, or charges; (ii) Mileage at the then current rate allowed by Neb. R.R.S. §81-1176, or actual travel expense if travel is by commercial or charter means. When travel mode is optional, the lower of the reimbursable cost is authorized; and (iii) Meals and incidental (M&I) expense at the then current rate of the applicable federal (GSA) per diem for M&I when searching for the specific Primary Destination; and (iv) When travel is a partial day as defined in the City’s Travel Policy Manual, the federal per diem rate for meals will apply at the rate of 20% for breakfast, 30% for lunch and 50% Grand Island Council Session - 6/22/2021 Page 110 / 358 ORDINANCE NO. 9831 (Cont.) 12 for supper. Departures must occur prior to 6:00 a.m. for breakfast and return must be after 8:00 p.m. for supper; and (v)Lodging at a rate not exceeding the then current applicable federal per diem rate unless lodging is at a location hosting the function in which case the actual lodging rate is allowed but no additional transportation costs shall be paid for commuting during the lodging stay. (B) Authorized expenditures shall not include expenditures for meals of city council members provided while attending a public meeting of the city council unless such meeting is a joint meeting with one or more other governing bodies. (C) Authorized expenditures shall not include expenditures for any expenses incurred by a spouse of an elected or appointed official, employee, or volunteer unless the spouse is also an elected or appointed official, employee, or volunteer of the City. §27-61. Beverages; Service Recognition The expenditure of public funds is hereby authorized for the following purposes: (A) Nonalcoholic beverages provided to individuals attending public meetings of the city council. (B) Nonalcoholic beverages and meals: (i) Provided for any individuals while performing or immediately after performing relief, assistance, or support activities in emergency situations, including but not limited to, tornado, severe storm, fire or accident; (ii) Provided for any volunteers during or immediately following their participation in any activity approved by the city council, including but not limited to, mowing parks, picking up litter, removing graffiti, or snow removal; (iii) Provided at one recognition dinner each year held for elected and appointed officials, employees, or volunteers. The maximum cost per person for such dinner shall be nineteen dollars ($19.00). The annual recognition dinner may be held separately for employees of each department or separately for volunteers, or any of them in combination. (C) Upon retirement, plaques, certificates of achievement, or items of value (does not include gift cards) may be awarded to elected or appointed officials, employees, or volunteers, including persons serving on local government boards or commissions, subject to the following dollar limit on value: Volunteer Service $50.00 Board, Commission, Council Service $100.00 Award Ceremony/Farewell TributeParty $150.00 1 year employment 0.00 plus service pin 5 years employment 0.00 plus service pin/clip 10 years employment 50.00 plus service pin 15 years employment 75.00 plus service pin 20 years employment 100.00 plus service pin 25 years employment 125.00 plus service pin 30 years employment 150.00 35 or more years employment 175.00 Grand Island Council Session - 6/22/2021 Page 111 / 358 ORDINANCE NO. 9831 (Cont.) 13 §27-62. Business Travel The following procedures shall be used for business travel: (A) Transportation Method I. When travel is by air, advance ticketing by purchase order will be utilized whenever possible to obtain the lowest available coach fare. II. All refunds, travel coupons, and other promotions in connection with business travel shall be returned to the City. III. When ground travel is required, City vehicles shall be used whenever possible. (B) Lodging I. Reimbursement for non-commercial lodging is not permitted. II. When personnel are accompanied by non-City personnel, only the costs attributed to the City personnel are reimbursable. (C) Expenses I. The following expenses are reimbursable upon affidavit of expenditure and receipts are not required: parking fees; taxi and bus fares; and highway tolls. II. The following expenses are reimbursable upon submission of paid receipts: (a) registration, tuition, and fees for official functions related to the travel; (b) supplies or equipment required for travel or training; (c) rental cars; and (d) traveler's checks fees. III. The following expenses are not reimbursable: (a) entertainment, including television rentals; (b) personal expenses, e.g. hygiene items, magazines; (c) travel insurance; and (d) alcoholic beverages. (D) Travel Advances. Travel advances are not authorized, except under special circumstances with written prior approval of the finance director. The use of credit cards and advance purchase order payment of lodging and transportation expenses are encouraged. (E) Expense Claims. Personnel on authorized travel must submit expense claims to the Finance Department immediately upon return, but not later than four (4) work days after return to duty. All receipts, unexpended City funds and funds due the City, shall be returned at that time. All expenses (including prepaid expenses) shall be summarized and accounted for. Travel for business shall be in accordance with the Travel Policy Manual as approved by the City Administrator and Finance Director. §27-63. Nebraska State Contract List City departments are not required to advertise for bids nor request quotes when purchasing items from the Nebraska State Contract list, as developed by the Nebraska Department of Administrative Services Materials Division, as all statutory bidding requirements have been met in approving this list. §27-64. Cooperative Purchasing Agreements City departments will be allowed to use local, state, national Cooperative Purchasing Agreements, or cooperative purchase agreements with governmental entities whose procurement policies and procedures meet or exceed those applicable to the City. Grand Island Council Session - 6/22/2021 Page 112 / 358 ORDINANCE NO. 9831 (Cont.) 14 The Chief Purchasing Agent shall review all agreements to determine that they meet statutory bidding requirements before approval by the City Council. The City Council shall approve all said agreements prior to use. Use of approved Cooperative Purchasing will preclude the requirement of advertising for bids or solicitation of quotes. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. 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: June 22, 2021. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 113 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item F-3 #9832 - Consideration of Approving Changes to Chapter 36 of the Grand Island City Code Relative to (B-3) Heavy Business Zone and the Zoning Matrix This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 6/22/2021 Page 114 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney ORDINANCE NO. 9832 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Sections 36-70 B-3 Heavy Business Zone and Attachment A; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-70, shown below, and Attachment A Zoning Matrix, shown in Appendix A of this ordinance, of Grand Island City Code are hereby amended to read as follows: §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (65) Dwelling units (76) Elderly Home, Assisted Living (87) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (108) Hotel and motel uses (119) Mortuaries, funeral homes, and funeral chapels (1210) Nonprofit community buildings and social welfare establishments (1311) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (1412) Parking Lots (1513) Preschools, nursery schools, day care centers, children's homes, and similar facilities (1614) Public parks and recreational areas (1715) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (1816) Public and quasi-public buildings for cultural use (1917) Radio and television stations (no antennae), private clubs and meeting halls (2018) Railway right-of-way but not including railway yards or facilities Grand Island Council Session - 6/22/2021 Page 115 / 358 ORDINANCE NO. 9832 (Cont.) (2119) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area Restaurants, Bars and Nightclubs (2220) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto]. Outdoor retail activities and display of goods may occupy not more than 10% of the lot area. (23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (2421) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (2522) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (2623) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair; subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building. The facility shall meet or exceed all building and fire code requirements. (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 0 01 02 0 100% Conditional Uses 3,000 30 0 01 02 0 100% 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Grand Island Council Session - 6/22/2021 Page 116 / 358 ORDINANCE NO. 9832 (Cont.) SECTION 2. Sections 36-70 and Attachment A Zoning Matrix as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: June 22, 2021 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 117 / 358 ORDINANCE NO. 9832 (Cont.) Appendix A Chapter 36 Attachment “A” Zoning Matrix As Amended 6-22-2021 Grand Island Council Session - 6/22/2021 Page 118 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code Land Use Categories (as of Oct 2018 June 2021) AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 A Abrasive, asbestos, & miscellaneous non-metallic mineral products - manufacturing P C P Abstracting services P P P P P P P P P P Accounting & bookkeeping services P P P P P P P P P P Accounting, computing & office machines - manufacturing P P P Advertising displays & signs - manufacturing C P P P Advertising services, direct mail P P P P P P P P P Advertising services, general P P P P P P P P P P Agricultural, business and personal credit services including credit union P P P P P P P P P P Agricultural chemicals & fertilizers - manufacturing C C P C Agricultural chemical & fertilizers - wholesale C C P C P Agricultural fertilizers, hazardous & non hazardous - retail P P P P P P Agricultural operations P P P P P P P P P P P P P P P P P P P P P P P P P Air conditioning, heating & plumbing contracting services P P P P P P Air conditioning, refrigerated equipment & supplies - wholesale P P P P P Aircraft & accessories - retail P P Aircraft storage & equipment maintenance P Airports & flying fields P Alcoholic beverages, beer & wine - wholesale P P P P P Alteration, pressing & garment repair services P P P P P P P Ambulance services P P P P P Ammunition manufacturing & complete assembly of guided missiles & space vehicles P P P Ammunition, small arms - manufacturing P P P Amphitheaters C C C Amusement, athletic & sporting goods & toys - manufacturing P P P P P Animal & marine fats & oils including grease & tallow, rendering - manufacturing C C Animal hospital services C C C C P P P P P P P Antiques - retail P P P P P P P P P Apiary farms & processing P P P P P P Apparel & accessories - manufacturing P P P P P Apparel & accessories - retail P P P P P P P P P Apparel & accessories - wholesale P P P P P Apparel belts - manufacturing P Apparel findings & related products - manufacturing P P P P = Permitted Use C = Conditional Use 1 of 21 Grand Island Council Session - 6/22/2021 Page 119 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Appliances (household) - manufacturing P P P P Appliances (household) - retail P P P P P P P Appliances (electrical), television phonographs, tape players, radio sets - wholesale P P P P P Appliance repair services P P P P P P P P Aquariums P P P Arboretums & botanical gardens P P Architectural, engineering & planning - professional services P P P P P P P P P P P Arenas & fieldhouses C C C C Armateur rewinding services C P P Armed forces reserve center C P Art galleries, publicly owned P P P P P Artists - painters, sculptors, composers, & authors P P P P P P P P P P P P P P P P P P P P P P P P Asbestos, abrasive & miscellaneous non-metallic mineral products - manufacturing P C P Asphalt felts & coating - manufacturing P P Asphalt mixing plants C C C C Athletic, amusement & sporting goods & toys - manufacturing P P P P P Athletic field or playfield C C C C C P P P P P P P P P P P P P P P P C P P P Auditing, accounting & bookkeeping services P P P P P P P P P Auditoriums, public P P P P P P P P P Automatic temperature controls - manufacturing P P P P P Automobile & other motor vehicle & equipment - manufacturing P P P Automobile & other motor vehicle repair services P P P C P P P Automobile & other motor vehicles - retail P P C P P Automobile & other motor vehicles - wholesale C Automobile & truck rental services P P P P Automobile equipment - wholesale P P P Automobile parts & supplies - retail P P P P P P P P Automobile wash services P P P C P P P P P P = Permitted Use C = Conditional Use 2 of 21 Grand Island Council Session - 6/22/2021 Page 120 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 B Bags except textile bags - manufacturing P P P Bait shops P P P P P P P P Bakeries non-manufacturing - retail P P P P P P P Banking services P P P P P P P P P Bar or Nightclub P P P P P P P P Barber services P P P P P P P P P Batch Plants - temporary C C P C C P Beauty services P P P P P P P P P Bed and breakfast residence C C C C C P P P P P Beer, wine & alcoholic beverages - wholesale P P P P P Bicycles - retail P P P P P P P P Biological products - manufacturing P C P Blacksmith & welding services P P Blankbooks, loose leaf binders & devices-manuf. of P P P P Blast furnaces, steel works & rolling of ferrous metals C C Blueprinting & photocopying services P P P P P P P Boarding & rooming houses C P P P P P P Boat building & repair services P P P P Boat sales, service and rentals P P P P Boat building & repair, fiberglass P P P P Bookbinding & misc. related work - manufacturing P P P P Bookkeeping, auditing & accounting services P P P P P P P P P Books, magazines & newspapers distributing - wholesale P P P P P P P Books - publishing & printing P P P P P P Books - retail P P P P P P P Boot & shoe cut stock & findings - manufacturing P P P P Botanical gardens & arboretums P P P Bottled gas - retail P P P P P P P Bottling & canning soft drinks & carbonated waters P P P P Bowling alleys P P P C P P P Boxes and paperboard containers - manufacturing P P P Brandy, brandy spirits & wine - manufacturing C C C C P C P P Brick & structural clay tile manufacturing P P P Brooms & brushes - manufacturing P P P P Building construction - general contracting services P P Building materials - retail P P P P P Building materials & lumber - wholesale P P P P Building paper & building board - manufacturing P P P Bulk petroleum stations & terminals - wholesale C C Bus garaging & equipment maintenance P P Business & management consulting services P P P P P P P P Business offices not elsewhere listed P P P P P P P P Business associations P = Permitted Use C = Conditional Use 3 of 21 Grand Island Council Session - 6/22/2021 Page 121 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Business forms - manufacturing Butter - manufacturing P P P P P C Cabinet making - manufacturing P P P P Cable TV maintenance yard C P Cameras & photographic supplies - retail P P P P P P P P Camp grounds, general C C P C C C C Camp grounds, group C C P C C C C Candy & other confectionery products - manufacturing P P P P Candy, nut, & confectionery - retail P P P P P P P Canes, parasols & umbrellas - manufacturing P P P P Canning & preserving of fruits, vegetables & seafood's - manufacturing P P Canvas products - manufacturing P P P Carbon black - manufacturing C C Cardboard, paperboard & die-cut paper - manufacturing P P P Carpentry & wood flooring services P P P P P P Carpet & rug cleaning & repair service P P P P P P P P P Carpet & rug - manufacturing P P P P Cement (hydraulic) - manufacturing C P Cemeteries P P P Ceramic wall & floor tile - manufacturing P P P P Cereal preparations - manufacturing P P P P Charitable & welfare services P P P P P P P P Cheese (natural & processed) - manufacturing P P P Chemicals & fertilizers -mining Chemicals, agricultural, nonhazardous, wholesale C C C C C C Chemicals, industrial, nonhazardous, wholesale C C C Chemicals, industrial organic & inorganic - manufacturing C C C Chiropractors, optometrists, & other similar health services P P P P P P P P Churches , synagogues & temples C C C P P P P P P P P P P P P P Cigarettes & cigars - manufacturing P P P P Civic, social & fraternal associations C P P P P P P P Civil Defense & related activities P Clay, ceramic & refractory minerals - mining C C C C C C C Clay refractories - manufacturing P P Clock, watch & jewelry repair services P P P P P P P Clocks, watches, clockwork operated devices & parts - manufacturing P P P P Commercial & industrial machinery, equipment & supplies - wholesale P P P P P = Permitted Use C = Conditional Use 4 of 21 Grand Island Council Session - 6/22/2021 Page 122 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Commodity & securities brokers, dealers & exchanges & services P P P P P P P P Communication equipment - manufacturing P P P P Composting plants C Concrete brick & block - manufacturing P P Concrete products - manufacturing P P Concrete, ready-mix plants P P Concrete construction & paving services P P Confectionery, nut & candy - retail P P P P P P P Confectionery - wholesale P P P P P Construction & lumber materials - wholesale P P P P P Construction, mining, & materials handling machinery & equipment - manufacturing P P P Construction equipment - retail P P P Construction services - temporary C C C C C C C C C C C C Convalescent,, nursing & rest home services C C P P P P P P P Convents P P P P P P P P P P P Convenience store P P P P P P P P P Cosmetics, perfumes, & other toiletries - manufacturing P P P P Cottage services Country club P P P P P P P P P P P P Crating & packing services P P P P Credit reporting, adjustment & collection services P P P P P P P P P Credit unions & agricultural, business & personal credit services P P P P P P P P P Crematory, funeral & mortuary services P P P P P P P Curtains, draperies & upholstery - retail P P P P P P P Cut stone & stone products - manufacturing P P P D Dairy products - retail P P P P P P P Dairy products - wholesale P P P P Day care centers C C C C C P P C C P P P P P C P Dental equipment & supplies - manufacturing P P P P Dental laboratory services P P P P P P P P P P Dental services P P P P P P P P Department stores - retail P P P P P P P Detective & protective services P P P P P P P P P Diaper services P P P Direct mail advertising services P P P P P P P P Direct selling organizations - retail P P P P P P P Discount & variety stores - retail P P P P P P P Disinfecting & exterminating services P P P P P Disposal site - commercial construction C C C C Disposal site - hazardous waste C C P = Permitted Use C = Conditional Use 5 of 21 Grand Island Council Session - 6/22/2021 Page 123 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Disposal site - nuclear waste C Distilling, rectifying, & blending liquors P P Dormitories, college P P P P P P P P P P Draperies, curtains & upholstery - retail P P P P P P P Drawing, rolling & extrusion of non-ferrous metals - manufacturing P P Drug & proprietary - retail P P P P P P P P Drugs, drug proprietaries, & druggist sundries - wholesale P P P Dry cleaning & laundering pickup services P P P Dry cleaning & laundering, self service P P P P P P P Dry cleaning, laundering & dyeing services, except rugs P P P P P P P P Dry goods & general merchandise - retail P P P P P P P Dry goods & notions - wholesale P P P P P Dude ranches C C C Duplicating, mailing, & stenographic services P P P P P P P Dwelling, elderly P Dwelling, mobile home not on permanent foundation P Dwelling, mobile home on permanent foundation P Dwelling, multi-family P P P P P P P P P P P P Dwelling, single-family P P P P P P P P P P P P P P P P Dwelling, two-family P P P P P P P P P P P P P Dyeing & finishing of textiles P P P P Dyeing, dry cleaning & laundry services, except rugs P P P P P P P E Earthenware, table & kitchen articles - manufacturing P P P P Educational & scientific research services P P P P P Egg & poultry - retail P P Electrical apparatus & equipment, wiring supplies, & construction materials - wholesale P P P Electrical contractor services P P P P Electrical appliances, phonographs, televisions, tape players & radio sets - wholesale P P P Electrical industrial apparatus - manufacturing P P P P Electrical repair services, except radio & television P P P P P P P Electrical supplies - retail P P P P Electrical transmission & distribution equipment - manufacturing P P P P Electric generation plants C C C C C C Electric utility maintenance yard P P Electricity regulating substations P P P P P P P P P P P P P P P P P P P P P P P P P Electric lighting & wiring equipment - manufacturing P P P P Electrometallurgical products & processing - manufacturing P P Electronic components & accessories - manufacturing P P P P P = Permitted Use C = Conditional Use 6 of 21 Grand Island Council Session - 6/22/2021 Page 124 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Electronic parts & equipment - wholesale P P P Electrotyping and stereotyping P P P Employment services P P P P P P P P Engineering, planning architectural professional services P P P P P P P P P P Engineering, laboratory, & scientific & research instruments & associated equipment - manufactured P P P P Engines & turbines - manufacturing P P P Envelope - manufacturing P P P P Equipment & supplies for service establishments - wholesale P P P P P P Equipment rental & leasing services P P P P Ethanol plants & mills C C C C Exhibition halls P P P P P P Explosives - manufacturing C C C Exterminating P P P P P Extracts & flavoring syrups - manufacturing P P P P Extrusion, drawing, & rolling of non-ferrous metals - manufacturing P P P F Fabricated structural metal products - manufacturing P P P Fabricated wire products - manufacturing P P P Fairgrounds C C P P P Farm machinery & equipment - retail P P P Farm machinery & equipment - manufacturing P P P Farm machinery & equipment - wholesale P P P Farm products warehousing & storage excluding stockyards - nonhazardous P P P P P Farm supplies - retail P P P Farms & ranches - livestock P P P P P P Farms, commercial forestry P P P P P P P P P P P P P P P P P P P P P P P P P Farms, grain crops P P P P P P P P P P P P P P P P P P P P P P P P P Farms, hay & alfalfa P P P P P P P P P P P P P P P P P P P P P P P P P Farms, fiber crops P P P P P P P P P P P P P P P P P P P P P P P P P Farms, fruits, nuts or vegetables P P P P P P P P P P P P P P P P P P P P P P P P P Farms, nursery stock P P P P P P P P P P P P P P P P P P P P P P P P P Feeding operation - confined C C C C C C Feed preparation for animals & fowls P P Feeds, grains & hay - retail P P P Felt goods - manufacturing P P Fertilizers, agricultural hazardous - retail P Fertilizers, agricultural nonhazardous - retail P P Fertilizers & chemicals - mining C C C C C P = Permitted Use C = Conditional Use 7 of 21 Grand Island Council Session - 6/22/2021 Page 125 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Fieldhouses & arenas P C C Fire protection & related activities P P P P Fish & seafood's - retail P P P P P P P Fish & seafood's - wholesale P P P Fish farms P P P P P Fish hatcheries P P P P P Fishing & hunting clubs P P P P P P Flat glass - manufacturing P P P Floor covering - retail P P P P P P Florists - retail P P P P P P P Flour & other grain mill products - manufacturing P P P P Flour blending & preparing - manufacturing P P P P Food lockers & storage services P P P P P P P P Foundries, iron & steel - manufacturing P P Foundries, nonferrous metals - manufacturing P P P Fraternal, civic & social associations C P P P P P P P Fraternity & sorority houses P C P P P P Freight forwarding services P P P P Frozen desserts & ice cream - manufacturing P P P Fruits & vegetables (fresh) - wholesale P P P P P Fruits & vegetables - retail P P P P P P P Fuel, except fuel oil & bottled gas - retail P P P P P P P P Fuel oil - retail P P P Funeral, mortuary & crematory services P P P P P P P Fur dressing & dyeing - manufacturing P P P P Fur goods - manufacturing P P P P Fur repair & storage services P P P P P P P Furniture & home furnishings - wholesale P P P P P Furniture (household) - manufacturing P P P P Furniture - retail P P P P P P Furniture repair & reupholstery services P P P P P P P Furies & fur apparel - retail P P P P P P Furs (raw), hides & skins - wholesale P P G Garden supplies & landscape nursery - retail P P P P P P Garment repair, alteration & pressing services P P P P P P P Gas & petroleum (crude) drilling C C C C C Gas & petroleum (crude) field services P P Gasoline service stations - retail P P P P P P P Gas pressure control stations Gas & ethanol production plants C Gas storage & distribution points Gas utility maintenance yard P Gelatin & glue - manufacturing C C P = Permitted Use C = Conditional Use 8 of 21 Grand Island Council Session - 6/22/2021 Page 126 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 General contracting & building construction services P P P General stores - retail P P P P P P P Gifts, novelties & souvenirs - retail P P P P P P P P Glass & glassware, pressed or blown - manufacturing P P P Glass containers - manufacturing P P P Glass, flat - manufacturing P P P Glass, paint & wallpaper - retail P P P P P P P Glue & gelatin - manufacturing C C Go-cart tracks C C C C Golf courses, public P P P P P P P P P Golf driving ranges P P P Gravel & sand quarrying C C C C C C C C C C C Grain - wholesale P P P P Grains, feeds & hay - retail P P P P P Grain mill products & flour - manufacturing P P Greases & lubricating oils - manufacturing P P P Green houses P P P P P P C P P P P P Greeting card - manufacturing P P P P Grist milling services P P P P Groceries - retail P P P P P P Groceries - wholesale P P P P Group Home-(Small)P P P P P P P P P P P P P Group Home-(Medium)C C C C P P C P P P P Group Home-(Large)P P C P P P P Group care home C C C C P P C P P P Gum and wood chemicals - manufacturing C C Guns, howitzers, mortars & re. equipment - manufacturing C C Gymnasiums & athletic clubs P P P P Gypsum products - manufacturing P P P H Handbags & other personal leather goods - manufacturing P P P P Hardware - retail P P P P P P P Hardware - wholesale P P P P Hardwood dimension & flooring - manufacturing P P P P Harvesting services P P P P P Hats, caps, & millinery - manufacturing P P P P Hay, grains & feeds - retail P P Health resorts C P P P P C C P Health & exercise spas P P P P P P P P Hearing aids, optical goods, orthopedic appliances & other similar devices - retail P P P P P P P P P = Permitted Use C = Conditional Use 9 of 21 Grand Island Council Session - 6/22/2021 Page 127 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Heating, air conditioning & plumbing contracting services P P P P Heating & plumbing equipment & supplies - retail P P P P P Heating apparatus (except electrical) and plumbing fixtures - manufacturing P P P P P Heliport pads P Hides, skins, & raw furs - wholesale P P Hobby supplies - retail P P P P P P P Holding & investment services P P P P P P P P P Hospital services P P P P P Hotels, tourist courts, & motels P P P P P C C P House Furnishings, textile (except curtains & draperies) - manufacturing P P P P Household appliances - retail P P P P P P Hunting & fishing clubs P I Ice cream & frozen desserts - manufacturing P P P P P Ice - manufacturing P P P P P Ice - retail P P P P P P P P P P Ice skating rinks, indoor P P P P P Industrial laundry & lien supply services P P P P Industrial leather belting & packing - manufacturing P P P P Industrial & commercial machinery, equipment & supplies - wholesale P P P P P Industrial machinery equipment - manufacturing P P P P P Industrial waste disposal C C Instruments for mechanical measuring & controlling except automatic temperature controls - manufacturing P P P P P Insurance agents & brokers services P P P P P P P P Insurance carriers P P P P P P P P Internet service P P P P P P P P P P Investment & holding services P P P P P P P P J Janitorial services P P P P Jewelry & precious metals - manufacturing P P P P P Jewelry - retail P P P P P P P Jewelry, watch & clock repair services P P P P P P P K Kennels-commercial P Kennels-private P Knit goods - manufacturing P P P P P Kennels-animal shelter non-commercial P P P = Permitted Use C = Conditional Use 10 of 21 Grand Island Council Session - 6/22/2021 Page 128 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 L Labor unions & similar labor organizations P P P P P P P P Lace goods - manufacturing P P P P P Lamp shades - manufacturing P P P P P Landscape contracting services P P P P Landscape nursery & garden supplies - retail P P P P P P Lapidary work P P P P P P P Laundering & dry cleaning pickup service P P P Laundering & dry cleaning, self-service P P P P P P P Laundering, dry cleaning & dyeing services, except rugs P P P P P P P Lawn care - services P P P P P Leather & fleece lined clothing - manufacturing P P P P P Leather gloves & mittens - manufacturing P P P P P Leather tanning & finishing - manufacturing C C Legal services P P P P P P P P Libraries P P P P P P P P P P P P P Lime products - manufacturing C C Linen supply & industrial laundry services P P P P Linoleum, asphalt-felt-base, and other hard surface floor cover - manufacturing P P Liquid petroleum gas - wholesale P P Liquor - retail P P P P P P P Livestock feeding operations C C C C C C Livestock-wholesale C Locksmith services P P P P P P P Lubricating oils & greases - manufacturing P C Luggage - manufacturing P P P P P Lumber & building materials - wholesale P P P Lumber yards - retail P P P P P P M Machine shop - manufacturing P P P P P Magazines & newspapers - retail P P P P P P P P P Magazines, books, & newspapers distributing - wholesale P P P P P P Mail order houses - retail P P Mailing, duplicating, & stenographic services P P P P P P Malt liquors - manufacturing P P Management & business consulting services P P P P P P P P Masonry, stonework, tile setting & plastering services P P P P P P Massage services P P P P P P P Matches - manufacturing C C Mausoleums Meat & meat packing products - wholesale P P P Meat packing - manufacturing C C P = Permitted Use C = Conditional Use 11 of 21 Grand Island Council Session - 6/22/2021 Page 129 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Meats - retail P P P P P P P Medical & surgical instruments & apparatus - manufacturing P P P P P Medical clinics, out-patient services P P P P P P P P Medical laboratory services P P P P P Medical chemicals - manufacturing C C Metal cans - manufacturing P P P Metal coating, engraving, and allied services - manufacturing P P P Metal mining services P Metal ore mining C C C C Metal products, fabricated structural - manufacturing P P P P Metals & minerals, except petroleum products & scrap - wholesale P P P Metals, nonferrous, rolling, drawing, & extrusion - manufacturing P P P Metal stamping - manufacturing P P P Metal working machinery & equipment - manufacturing P P P P Millwork - manufacturing P P P P P Milk processing, fluid only P Miniature golf P P P P P P Mining C C C C C C C Mobile home parks P Mobile homes - manufacturing P P P P Mobile homes not on permanent foundation P Manufactured homes on permanent foundation P P P P P P P P P P P P P P P P Mobile homes & accessories - retail P P Monasteries P P P P P P P P P P P Monuments - retail P P P P Mortician's goods - manufacturing P P P P P Motels, hotels, & tourist courts P P P P P C C P Motion picture distribution services P P P P P P P Motion picture production studios P P P P P P Motorcycle & bicycle sales, rental & service P P P P P P P Motor freight garaging & equipment maintenance P P P Motor freight terminals P P P Mortuary, funeral & crematory services P P P P P P P Museums P C P P P P P P P P P Musical instruments & supplies - retail P P P P P P P Musical instruments & parts - manufacturing P P P P N Newspaper & magazines - retail P P P P P P P Newspapers, books & magazines distribution - wholesale P P P P P P Newspapers publishing & printing P P P P P P P = Permitted Use C = Conditional Use 12 of 21 Grand Island Council Session - 6/22/2021 Page 130 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Nightclub or Bar P P P P P P P P News syndicate services P P P P P P P P P Nonmetallic mining, except fuel - services P P Noodles, macaroni, spaghetti & vermicelli - manufacturing P P P P P Notions, dry goods - wholesale P P P P P P Novelties, gifts & souvenirs - reail P P P P P P P P Nursery stock farms P P P P P P P P P P P P P P P P P P P P P P Nursing, convalescent & rest home services C C P C P P P P C Nuts, bolts, screws, rivets, & washers, & screw machine products - manufacturing P P P P P O Office & store fixtures, partitions, shelving, & lockers - manufacturing P P P P P Office, computing & accounting machines - manufacturing P P P P P Office furniture - manufacturing P P P P P Oilcloth, plastic fabric & vinyl products - manufacturing C C Ophthalmic goods - manufacturing P P P P P Optical goods, hearing aids, orthopedic appliances & other similar devices - retail P P P P P P P P Optical instruments & lenses - manufacturing P P P P P Optometrists, chiropractors & other similar health services P P P P P P P P Ornamental iron works - manufacturing P P P P P Orphanages C C P P P P P Orthopedic, prosthetic & surgical appliances & supplies - manufacturing P P P P P Outdoor advertising services P P P P P P Packing & crating services P P P P Padding & upholstery filling - manufacturing P P P P Paint, glass, & wallpaper - retail P P P P P P P Painting & paper hanging services P P P P P Paints, varnishes, lacquers, enamels, and allied products - manufactured C C Paper & paper products - wholesale P P P P P P Paperbound containers & boxes - manufacturing P P P P Paperboard - manufacturing P P P P Paper coating & glazing - manufacturing P P P P Paper, except building paper - manufacturing P P P P Paper hanging & painting services P P P P P Parasols, umbrellas & canes - manufacturing P P P = Permitted Use C = Conditional Use 13 of 21 Grand Island Council Session - 6/22/2021 Page 131 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Parks, public P P P P P P P P P P P P P P P P P P P P P P P P P Partitions, shelving, lockers & office & store fixtures - manufacturing P P P P P Paunch manure - application, incorporation, stockpiling, disposal C C C C Periodicals, publishing & printing P P P P P P P Petroleum bulk stations & terminal - wholesale C C Petroleum pipeline R/W P P P P P P P P P P P P P P P P P P P P P P P P P Petroleum pressure control stations Petroleum (crude) & gas field services P P Petroleum (crude) & natural gas drilling C C C C C Petroleum refining C C Pets & pet grooming - retail P P P P P P P Pharmaceutical preparations - manufacturing P P P Photocopying & blue printing services P P P P P P P Photoengraving P P P P P Photofinishing services P P P P P P P Photographic equipment & supplies - manufacturing P P P P P Photographic studios & services P P P P P P P Photographic supplies & cameras - retail P P P P P P P P Physicians' services P P P P P P P P Planetarium P P P P P P P Planing mills, general - manufacturing P P P P P Planning, architectural & engineering professional services P P P P P P P P P Plastering, masonry, stone work & tile setting services P P P P P P Plastic fabric, vinyl products & oilcloth - manufacturing P P P P Plastic materials & synthetic resins, synthetic rubber, synthetic & other manmad materials - manufacturing C C Plastic products - manufacturing P P Playfields & athletic fields C C C C C P P P P P P P P P P P P P P P P C P P P Playgrounds P P P P P P P P P P P P P P P P P Play lot or tot lot P P P P P P P P P P P P P P P P P Pleating, decorative & novelty stitching & tucking for the trade - manufacturing P P P P P Plumbing & heating equipment & supplies - retail P P P P P Plumbing fixtures & heating apparatus (except electrical) - manufacturing P P P P P Plumbing, heating, & air conditioning contracting services P P P P Plywood & veneer - manufacturing P P P P Porcelain electrical supplies - manufacturing P P P P P Pottery - manufacturing P P P P P Poultry & eggs - retail P P P Poultry & poultry products - wholesale P P P P = Permitted Use C = Conditional Use 14 of 21 Grand Island Council Session - 6/22/2021 Page 132 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Poultry & small game dressing & packing P C P Poultry hatchery services P P P Prefabricating wooden buildings & structural members - manufacturing P P P P Preserving & canning of fruits, vegetables & seafood's - manufacturing P P P P Pressed & molded pulp goods - manufacturing P P P P Pressing, alteration & garment repair services P P P P P P P Primary smelting & refining of nonferrous metals - manufacturing C C Printing ink - manufacturing P P P Printing, commercial P P P P P P P P Printing & publishing of books P P P P P Printing & publishing of newspapers P P P P P P P Printing & publishing of periodicals P P P P P P P Private Prisons C C Private clubs C C P P P P P P P Processing waste & recovering fibers & flock - manufacturing C C Professional equipment & supplies - wholesale P P P P P P P P Professional membership organizations P P P P P P P P P Professional offices not elsewhere listed P P P P P P P P P Pulp - manufacturing P P P P Q Quarrying, gravel, sand & dirt C C C C C C C C C C C C C C C C C Quarrying, stone C C C C C C C C C C C C C C C C C C C C C C C C R Race tracks & courses - animals P P Race tracks & courses - vehicle C C C C Radioactive materials processing & storage - manufacturing C C Radioactive waste materials disposal C Radio broadcasting studios P P P P P P P P P Radios, television, phonographs, recorders & tape players - manufacturing P P P P P Radios, televisions, phonographs, recorders, & tape players repair services P P P P P P P Radios, televisions, phonographs, recorders & tape players - retail P P P P P P Radio transmitting stations & towers C C C C C C C C C C C C C C C C C C C C C C C C C Railroad equipment & maintenance yard P P Railroad - equipment - manufacturing P P Railroad freight terminals P P P P P = Permitted Use C = Conditional Use 15 of 21 Grand Island Council Session - 6/22/2021 Page 133 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Railroad passenger terminals P P P Railroad right-of-way P P P P P P P P P P P P P P P P P P P P P P P P P Railroad switching yards P P P Raincoats & other waterproof outer garments - manufacturing P P P P P Real estate agents, brokers & management services P P P P P P P P Reclaiming rubber C C Recreational vehicles & equipment - manufacturing P P P P P Recreational vehicles & equipment - retail P P P P Recreation centers P P P P P P P P P Rectories P P P P P P P P P P P Recycling center C C C Refining & smelting (primary) of nonferrous metals C C Refining of petroleum C Refrigerated warehousing (except food lockers)P P P P P P P Refuse incineration C C Religious camps & retreats C C C C C Research, development & testing services P P P P P Resorts (general)C C C C P P P C Rest, nursing, & convalescent home services C C P C P P P P C Restaurants P P P P P P P P Restaurants, drive-in P P P P P P P P Retirement homes C C P C P P P P C Reupholstery & furniture repair services P P P P P P P Rice milling P P Riding stables & acadamies C C C C C C C Roadside stands offering agricultural products for sale on the premises P P P P P P P P Roller skating rinks - indoor P P P P P P P Rolling, drawing, & extrusion of nonferrous metals - manufacturing P P P P Rolling of ferrous metals, blast furnaces & steel works C C C C Roofing & sheet metal contracting services P P P P P Rooming & boarding houses C P C P P P P P Rubber footwear - manufacturing P P P P Rug & carpet cleaning & repair services P P P P P P P Rug & carpet - manufacturing P P P P S Salvage yard C C Sand & gravel quarrying C C C C C C C C C C C Sanitary landfill C C Sanitary paper products - manufacturing P P Sausages & other prepared meat products - manufacturing P P P P = Permitted Use C = Conditional Use 16 of 21 Grand Island Council Session - 6/22/2021 Page 134 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Savings & loan associations P P P P P P P P P Sawmills, general - manufacturing C P P Schools, art P P P P P P Schools, barber P P P P P P Schools, beauty P P P P P P Schools, business P P P P P P Schools, colleges P P P P P P Schools, computer P P P P P P Schools, correspondence P P P P P P Schools, dancing P P P P P P Schools, day care P P C P P P P C C C P Schools, driving P P P P P P Schools, junior college P P P P P P Schools, music P P P P P P Schools, nursery P P C P P P P P Schools, pre-primary C C C C C C C P P P P P P P P P Schools, primary P P P P P P P P P P P P P P P P P Schools, professional P P P P P P P Schools, secondary P P P P P P P P P P P P P P P Schools, stenographic P P P P P P Schools, technical P P P P P P Schools, trade P P P P P P Schools, universities P P P P P P Schools, vocational P P P P P P Scientific & educational research services P P P P P P P P Scrap & waste materials, nonmetallic - wholesale C C Screw machine products & bolts, nuts, screws, rivets, & washers - manufacturing P P P P P Secondary smelting & refining of nonferrous metals - manufacturing C C Second hand merchandise - retail P P P P P P P Seed treating P P P Seed and feed sales P P P P P Sewage sludge drying beds C P Sewage treatment facilities C C P Shades & venetian blinds - manufacturing P P P P P Sheet metal & roofing contracting services P P P P Shelving, partitions, lockers, & office & store fixture - manufacturing P P P P P Shoe repair, shoe shining, & hat cleaning services P P P P P P P P Shoes - manufacturing P P P P P Shoes - retail P P P P P P Shoes - wholesale P P P P P P P P Shortening, table oils, margarine, & other edible fats & oils - manufacturing P P P P P = Permitted Use C = Conditional Use 17 of 21 Grand Island Council Session - 6/22/2021 Page 135 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Signs & advertising displays - manufacturing P P P P Silverware & plated ware - manufacturing P P P P Skeet & trap shooting ranges C C P C C Sludge, municipal waste - application, incorporation, stockpiling, disposal C C C C C C C C Smelting & refining (primary) of nonferrous metals C C Smelting & refining (secondary) of nonferrous metals C C Soaps & detergents (except specialty cleaners) - manufacturing P P P Social, civic & fraternal associations C P C P P P P P P P P P Social correctional, treatment & counseling services P P C P P P P P P P Solid waste transfer stations C C C C C Sorority & fraternity houses P P C P P P P Souvenirs, gifts, novelties - retail P P P P P P P P Soybean oil milling P P P P Sporting, toys, amusement & athletic goods - manufacturing P P P P P Sporting goods - retail P P P P P P Stadiums C C C P Stationery - retail P P P P P P P Steel pipe & tubes - manufacturing P P P P Steel wire drawing, steel nails & spikes - manufacturing P P P P Steel works, blast furnaces & the rolling of ferrous metals C C Stenographic, duplicating, & mailing services P P P P P P Stock yards C C C C C C C Stone products & cut stone - manufacturing P P P P Stone - quarrying C C C C C C C C C Stone work, masonry, title setting, & plastering services P P P P P P Storage - mini P P P P P P P Storage & warehousing of nonhazardous products P P P P P P P P Storage & warehousing of hazardous products C C C C Storage & warehousing of household goods P P P P P P P P Store & office fixtures, lockers, partitions & shelving - manufacturing P P P P P Sugar refining - manufacturing C C Surgical & medical instruments & apparatus - manufacturing P P P P P Swimming clubs P P P P P Synagogues, churches, & temples C C C P P P P P P P P P P P P P P Synthetic, resins, synthetic rubber, plastic materials, synthetic & other manmade fibers (except glass) - manufacturing C C C T P = Permitted Use C = Conditional Use 18 of 21 Grand Island Council Session - 6/22/2021 Page 136 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Tailoring (custom)P P P P P P P Taverns P P P P P P P P Taxcicab dispatch P P P P P P Taxicab garaging & maintenance P P P P Telegraph communications P P P P P P P P P Telephone business office P P P P P P P P P Telephone exchange stations P P P P P Telephone maintenance yard P P P P Telephone relay towers (microwave)C C C C C C C C C C C C C C C C C C C C C C C C C Television broadcasting studios P P P P P P Television, radios, phonographs, recorders & tape players - manufacturing P P P P P Television, radios, phonographs, recorders & tape players repair services P P P P P P P Television, radios, phonographs, recorders, & tape players - retail P P P P P P P Television transmitting stations & relay towers C C C C C C C C C C C C C C C C C C C C C C C C C Temples, churches, & synagogues C C C P P P P P P P P P P P P P P Tennis clubs P P P P Textile bags - manufacturing P P P P Testing, research, & development services P P P P P Theaters, legitimate P P P P P P P P Theaters, motion picture, indoor P P P P P P P P Theaters, motion picture, outdoor C P P P Threads & yarns - manufacturing P P P P Tile setting, masonry, plastering & stone work services P P P P P P Tire cord & fabric - manufacturing P P P P Tire & inner tubes - manufacturing C C C C Tires & inner tubes - wholesale P P P P P P P P Title abstracting services P P P P P P P P Tobacco & tobacco products - wholesale P P P P P P Tobacco & snuff - manufacturing P P P P Tobacco leaf - wholesale P P P Tobacco stemming & redrying C C Tot lot or play lot P P P P P P P P P P P P P P P P P Tourist courts, hotels, & motels P P P P P C C P Toys, amusement, sporting & athletic goods - manufacturing P P P P P Transportation equipment and supplies (except motor vehicles)P Trap & skeet shooting ranges C C P C C Travel arranging services P P P P P P P P P Truck & automobile rental services P P P P P P P Truck wash services P P P P P P Turbines & engines - manufacturing P P P P P P = Permitted Use C = Conditional Use 19 of 21 Grand Island Council Session - 6/22/2021 Page 137 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 U Utility substations, pumping station, water reservoir & telephone exchange P P P P P P P P P P P P P P P P P P P P P P P P P Upholstery, draperies, & curtains - retail P P P P P P Upholstery filling & padding - manufacturing P P P P P V Variety & discount stores - retail P P P P P P P Vegetable oil milling (except cottonseed & soybean)P P P P Veneer & plywood - manufacturing P P P P Vending machine operations - retail P P P P P P P Venetian blinds & shades - manufacturing P P P P P Veterinarian services C C C C C P P P P P P P P Vinyl products, plastic fabric & oilcloth - manufacturing P P P P Vitreous china plumbing fixtures, china, earthward fillings & bathroom accessories - manufacturing P P P P P Vitreous china, table & kitchen articles - manufacturing P P P P P W Wallpaper - manufacturing P P P P P Wallpaper, paint & glass - retail P P P P P P P Warehousing & storage of hazardous products C C C C Warehousing & storage of nonhazardous products P P P P P Warehousing & storage of household goods P P P P P P P P Watch, clock, & jewelry repair services P P P P P P P Watches, clocks, clock work operated devices & parts - manufacturing P P P P P Water well drilling services P P P P P P Welding & blacksmith services P P P P Welfare & charitable services P P P P P P P P Wet corn milling P P P P Wind energy installation C C C C Wine, beer, & alcoholic beverages - wholesale P P P P P P P Wine, brandy, & brandy spirits - manufacturing P P P P Wire products (fabricated) - manufacturing P P P P Wooden containers - manufacturing P P P P Wool preserving - manufacturing Wool & mohair - wholesale P P P P P P P Worm farms P P P P P P P Y Yarn & threads - manufacturing P P P P Z P = Permitted Use C = Conditional Use 20 of 21 Grand Island Council Session - 6/22/2021 Page 138 / 358 GRAND ISLAND LAND USE MATRIX Attachment "A" Chapter 36 Grand Island City Code AG-1 AG-2 AG-SC AG-SE AG-SI SRC TA LLR R-1 R-2 R-3 R-4 RO RM RD B-1 B-2 AC B-3 CD TD ME M-1 M-2 M-3 Zoos P P P ADDITIONAL LAND USE CATEGORIES P = Permitted Use C = Conditional Use 21 of 21 Grand Island Council Session - 6/22/2021 Page 139 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item F-4 #9833 - Consideration of Vacation of Public Right-of-Way in Baker’s Addition; Between 3rd Street and US Highway 30, from Garfield Avenue to US Highway 30 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 140 / 358 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 22, 2021 Subject:Consideration of Vacation of Public Right-of-Way in Baker’s Addition; Between 3rd Street and US Highway 30, from Garfield Avenue to US Highway 30 Presenter(s):John Collins PE, Public Works Director Background The section between 3rd Street and US Highway 30, from Garfield Avenue to US Highway 30 has been requested for vacation by the adjacent property owner. Discussion The adjacent property owner plans to replat the five (5) lots they own in the area of 3rd Street and US Highway 30, from Garfield Avenue to US Highway 30 into two (2) lots. The alley serves no useful purpose as it has no destination points. Due to several utilities being in this area a public utility easement will be retained over the complete section. The attached sketch details the referenced area. Ownership of the vacated alley will revert to the adjacent property owner. 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 - 6/22/2021 Page 141 / 358 Recommendation City Administration recommends that the Council pass an ordinance vacating the public right-of-way in Baker’s Addition; 3rd Street and US Highway 30, from Garfield Avenue to US Highway 30, with easement retained. Sample Motion Move to pass an ordinance vacating the public right-of-way and retaining easement. Grand Island Council Session - 6/22/2021 Page 142 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9833 An ordinance to vacate a portion of an existing right-of-way and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinance in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of an existing right-of-way between 3rd Street and US Highway 30, from Garfield Avenue to US Highway 30, more particularly described as follows: THAT PORTION OF ALLEY LOCATED GENERALLY BETWEEN LOTS 1, 2, 9 AND 10 OF BLOCK 9, BAKER’S ADDITION TO THE CITY OF GRAND ISLAND EXCEPTING THEREFROM TRACTS PREVIOUSLY DEDICATED FOR CITY RIGHT-OF-WAY PURPOSES BEING MORE PARTICULARLY DESCRIBED AND RECORDED IN MISCELLANEOUS BOOK P- PAGE 651 & INSTRUMENT 89- 105183 OF THE HALL COUNTY, NEBRASKA REGISTER OF DEEDS OFFICE. is hereby vacated. Such right-of-way to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The property vacated by Section 1 shall be retained as public utility easement by City of Grand Island, Nebraska. Grand Island Council Session - 6/22/2021 Page 143 / 358 ORDINANCE NO. 9833 (Cont.) - 2 - SECTION 3. The title to the property vacated by Section 1 of this Ordinance shall revert to City of Grand Island, Nebraska. SECTION 4. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: June 22, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 144 / 358 3RD S T R E E T 2ND S T R E E TARTHUR STREETGARFIELD AVEN UE US HIGH W A Y 3 0 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 BLOCK 9 PUBLIC WORKS DEPARTMENT VACATION OF ALLEY PART OF BLOCK 9, BAKER'S ADDITION GRAND ISLAND, NEBRASKA LE)END PORTION OF ALLEY TO BE VACATED PROPERTY LINES LOT LINES 8ACATION O( ALLE; LE)AL DESCRIPTION THAT PORTION OF ALLEY LOCATED GENERALLY BETWEEN LOTS 1, 2, 9 AND 10 OF BLOCK 9, BAKER'S ADDITION TO THE CITY OF GRAND ISLAND EXCEPTING THEREFROM TRACTS PREVIOUSLY DEDICATED FOR CITY RIGHT-OF-WAY PURPOSES BEING MORE PARTICULARLY DESCRIBED AND RECORDED IN MISCELLANEOUS BOOK P - PAGE 651 & INSTRUMENT 89-105183 OF THE HALL COUNTY, NEBRASKA REGISTER OF DEEDS OFFICE. Grand Island Council Session - 6/22/2021 Page 145 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item F-5 #9834 - Consideration of Approving Salary Ordinance Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 6/22/2021 Page 146 / 358 Council Agenda Memo From:Police Department Meeting:June 22, 2021 Subject:Consideration of Approving Salary Ordinance No. 9834 to Include Lateral Hiring Incentive Package for Certified Police Officer Applicants. Presenter(s):Robert Falldorf, Police Chief Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are proposed. The following explains the proposed changes to the salary ordinance. Over the past several years the Police Department’s officer applicant numbers have decreased substantially. The Police Department did start to offer a lateral hiring incentive program two years ago, which would allow for certified Nebraska or certified out of state officers to start on a pay step with the City that would be equal to the pay from their former agency. Without added benefits with this current program, we are still not attracting certified and qualified applicants. Over the past couple of years, we have had officers retiring or resigning from our agency faster than we can replace them with qualified new hires, which is requiring excessive overtime and affecting the morale of current officers. All non-certified new officer hires at the Police Department are required to attend the 15- week certification basic class at the Nebraska Law Enforcement Training Center (NLETC) within one year of being hired. Discussion The Police Department would like to implement a new lateral hiring incentive program that will still allow Nebraska and out of state certified applicants to start on an equal pay step with the City, as our current program does, along with two additional added incentives. The first added incentive that we would like to offer is a $1,500 certification credit to be paid upon hire to a Nebraska certified applicant or to an out of state certified applicant upon completion of Nebraska’s Reciprocity Certification process through the NLETC. Grand Island Council Session - 6/22/2021 Page 147 / 358 The second added incentive would be the issuance of 50 hours of comp time to be given upon hire of a Nebraska certified applicant or to an out of state certified applicant upon completion of Nebraska’s Reciprocity Certification process. We understand that certified applicants that choose to apply with our agency will more than likely have vacation or comp leave built up with the agency they come from. By offering the 50 hours of comp leave to certified new hires with the City, we feel that this incentive would make the decision easier for a certified applicant to join our department. We have estimated that the cost of offering the two additional incentives to newly hired certified applicants ($1,500 certification credit and 50 hours of comp time) would be a cost of approximately $3,000. The cost savings to the City for not sending a new hire to the NLETC is approximately a $21,127 savings when considering the wages to attend the NLETC ($14,412), overtime ($4,500), meals while at the training center ($1,395), training center entrance fees ($300) and ammunition use while at the training center ($520). This would equate to an approximate total cost savings for the City of $18,127 after implementing our new lateral hiring program that allows for the hire of qualified and certified applicants without the need to send them through an entire basic class at the NLETC. With the implementation of this new program, we will still require certified applicants to apply with our agency and would still require a polygraph and psychological evaluation during the hiring process to assure that we are still getting quality new officers. 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 implementation of the proposed Lateral Hiring Program for the Police Department. City Administration recommends that the Council approve proposed Salary Ordinance No. 9834. Sample Motion Move to approve the implementation of the proposed Lateral Hiring Program for the Police Department. Move to approve Salary Ordinance No. 9834. Grand Island Council Session - 6/22/2021 Page 148 / 358 Approved as to Form ¤ ___________ June 15, 2021 ¤ City Attorney ORDINANCE NO. 9834 An ordinance to amend Ordinance 9818 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to provide a lateral hiring incentive for the Police Department, namely for certified applicants, a one- thousand five hundred dollars ($1,500) certification credit and fifty (50) hours of compensatory time; rename the non-union position of Wastewater Plant Engineer to Assistant Public Works Director of Wastewater and to amend the salary range of such position; to amend the salary range of non-union position of Wastewater Plant Operations Engineer; to remove obsolete language regarding payment of FOP clothing allowance at end of employment; and to repeal those portions of Ordinance No. 9818 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 27.2753/39.7703 Exempt Accounting Technician – Solid Waste 20.4135/25.9519 40 hrs/week Grand Island Council Session - 6/22/2021 Page 149 / 358 ORDINANCE NO. 9834 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Coordinator – Public Works 22.8587/33.1114 40 hrs/week Assistant Finance Director 35.8655/52.7923 Exempt Assistant Public Works Director/Engineering 42.5573/64.9788 Exempt Assistant Public Works Director of Wastewater 51.4654/71.8784 Exempt Assistant Utilities Director – Engineering/Business Operations 56.5770/81.7800 Exempt Assistant Utilities Director – Production 56.5770/81.7800 Exempt Assistant Utilities Director – Transmission 56.5770/81.7800 Exempt Attorney 36.6260/54.3186 Exempt Building Department Director 41.2900/63.6719 Exempt Cemetery Superintendent 26.9488/39.2419 Exempt City Administrator 79.6073/92.3328 Exempt City Attorney 53.4735/74.0871 Exempt City Clerk 34.8928/46.6248 Exempt Civil Engineer I 31.3740/44.5826 Exempt Civil Engineer II 35.6038/51.2718 Exempt Collection System Supervisor 26.9863/39.7405 40 hrs/week Community Development Administrator 23.8318/35.0429 40 hrs/week Community Service Officer – Part time 17.0793/24.1383 40 hrs/week Custodian – Library, Police 15.9716/21.8376 40 hrs/week Customer Service Representative 10.9565/15.0674 40 hrs/week Customer Service Team Leader 22.1770/31.2188 Exempt Deputy City Clerk 27.8516/36.0609 40 hrs/week Electric Distribution Superintendent 41.4935/56.1900 Exempt Electric Distribution Supervisor 38.8735/53.7222 40 hrs/week Electric Underground Superintendent 41.2596/55.8015 Exempt Electrical Engineer I 30.8629/43.4826 Exempt Electrical Engineer II 34.9698/50.3248 Exempt Emergency Management Deputy Director 29.7703/43.7618 Exempt Emergency Management Director 42.3700/62.6845 Exempt Engineer I – Public Works 34.6000/48.9839 Exempt Engineer I – WWTP 34.6000/48.9839 Exempt Engineering Technician - WWTP 23.0135/32.6882 40 hrs/week Equipment Operator - Solid Waste 21.0174/28.4284 40 hrs/week Finance Director 48.1188/72.6675 Exempt Grand Island Council Session - 6/22/2021 Page 150 / 358 ORDINANCE NO. 9834 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Finance Operations Supervisor 26.2374/36.7783 Exempt Fire Chief 49.1054/71.7403 Exempt Fire EMS Division Chief 41.6635/57.7228 Exempt Fire Operations Division Chief 41.6635/57.7228 Exempt Fire Prevention Division Chief 41.6635/57.7228 Exempt Fleet Services Shop Foreman 26.9164/39.9637 40 hrs/week GIS Coordinator - PW 29.9969/44.7633 Exempt Golf Course Superintendent 26.6261/38.6184 Exempt Grounds Management Crew Chief – Cemetery 22.0764/32.9595 40 hrs/week Grounds Management Crew Chief – Parks 23.9225/34.1470 40 hrs/week Human Resources Director 42.9253/64.3310 Exempt Human Resources Benefits/Risk Mgmt Coordinator 25.8799/38.7634 40 hrs/week Human Resources Recruiter 25.8799/38.7634 40 hrs/week Human Resources Specialist 25.8799/38.7634 40 hrs/week Information Technology Manager 40.8291/ 61.7054 Exempt Legal Secretary 22.1785/32.0608 40 hrs/week Librarian I 25.5266/34.3460 Exempt Librarian II 29.2331/38.1074 Exempt Library Assistant I 16.7718/24.2389 40 hrs/week Library Assistant II 20.7268/29.3423 40 hrs/week Library Director 46.6055/70.5936 Exempt Library Page 11.9236/16.4491 40 hrs/week Library Secretary 18.0415/25.1461 40 hrs/week Maintenance Worker – Golf 17.2547/26.3686 40 hrs/week Meter Reader – Part Time 20.8602/27.9301 40 hrs/week Meter Reader Supervisor 25.6121/33.1084 Exempt MPO Program Manager 28.5770/42.3743 Exempt Office Manager – Police Department 21.7587/31.9004 40 hrs/week Parks and Recreation Director 46.3285/69.8100 Exempt Parks Superintendent 34.4120/50.7128 Exempt Payroll Specialist 22.7591/33.2227 40 hrs/week Planner I 25.5954/37.4524 40 hrs/week Planning Director 43.4884/64.8205 Exempt Police Captain 40.0990/58.2043 Exempt Police Chief 48.3429/74.3303 Exempt Grand Island Council Session - 6/22/2021 Page 151 / 358 ORDINANCE NO. 9834 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Maintenance Supervisor 38.6540/53.3943 Exempt Power Plant Operations Supervisor 39.7709/56.1244 Exempt Power Plant Superintendent – Burdick 47.5455/67.4591 Exempt Power Plant Superintendent – PGS 51.7940/74.6985 Exempt Public Works Director 49.2356/74.0023 Exempt Public Works Engineer 35.3710/52.2789 Exempt Receptionist 17.5507/26.3534 40 hrs/week Recreation Coordinator 25.3045/36.0068 Exempt Recreation Superintendent 33.7756/50.4243 Exempt Regulatory and Environmental Manager 41.1493/57.4829 Exempt Senior Civil Engineer 39.2996/58.2610 Exempt Senior Electrical Engineer 41.5808/59.1449 Exempt Senior Public Safety Dispatcher 22.1951/29.2994 40 hrs/week Senior Utility Secretary 19.6160/27.1369 40 hrs/week Shooting Range Superintendent 30.5494/45.9846 Exempt Solid Waste Division Clerk - Full Time 20.8570/26.3146 40 hrs/week Solid Waste Division Clerk - Part Time 18.7713/23.6831 40 hrs/week Solid Waste Foreman 25.3065/35.3275 40 hrs/week Solid Waste Superintendent 35.2956/52.3214 Exempt Street Superintendent 33.1310/48.6936 Exempt Street Foreman 26.1261/38.5768 40 hrs/week Transit Program Manager 29.2590/43.3301 Exempt Turf Management Specialist 23.9298/34.0439 40 hrs/week Utilities Director 75.7041/103.5558 Exempt Utility Production Engineer 40.1500/58.6175 Exempt Utility Warehouse Supervisor 29.1077/40.1601 40 hrs/week Victim Assistance Unit Coordinator 17.8650/25.3267 40 hrs/week Victim/Witness Advocate 16.3791/23.2112 40 hrs/week Wastewater Plant Chief Operator 26.3768/37.5014 40 hrs/week Wastewater Plant Operations Engineer 49.0144/68.4615 Exempt Wastewater Plant Maintenance Supervisor 27.3606/39.6934 40 hrs/week Wastewater Plant Regulatory Compliance Manager 33.9519/41.4294 Exempt Water Superintendent 34.2741/50.4840 Exempt Water Supervisor 27.8126/41.6191 40 hrs/week Worker / Seasonal 9.0000/20.0000 Exempt Grand Island Council Session - 6/22/2021 Page 152 / 358 ORDINANCE NO. 9834 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 9.0000/20.0000 40 hrs/week Worker / Temporary 9.0000/20.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria:  The referral cannot have worked as a City of Grand Island lifeguard in the past.  The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours.  Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 20.8650/30.9087 40 hrs/week Fleet Services Mechanic 23.3145/34.5422 40 hrs/week Horticulturist 23.8961/35.4669 40 hrs/week Maintenance Worker – Cemetery 19.7275/29.2485 40 hrs/week Maintenance Worker – Parks 19.4596/28.8679 40 hrs/week Maintenance Worker – Streets 19.4506/28.8342 40 hrs/week Grand Island Council Session - 6/22/2021 Page 153 / 358 ORDINANCE NO. 9834 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Senior Equipment Operator – Streets 22.3929/33.2126 40 hrs/week Senior Maintenance Worker – Streets 22.2384/32.9835 40 hrs/week Traffic Signal Technician 22.0846/32.7555 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 21.9201/31.1427 40 hrs/week Custodian 17.3168/21.4065 40 hrs/week Electric Distribution Crew Chief 38.9666/50.8883 40 hrs/week Electric Underground Crew Chief 38.9666/50.8883 40 hrs/week Engineering Technician I 25.6354/33.5904 40 hrs/week Engineering Technician II 32.4212/42.0591 40 hrs/week Instrument Technician 34.3553/45.2280 40 hrs/week Lineworker Apprentice 26.6079/36.6610 40 hrs/week Lineworker First Class 33.0441/41.8296 40 hrs/week Materials Handler 31.0007/38.0597 40 hrs/week Meter Reader 20.8602/27.9301 40 hrs/week Meter Technician 31.3285/36.6107 40 hrs/week Power Dispatcher I 33.7325/40.5910 40 hrs/week Power Dispatcher II 40.1796/48.0800 40 hrs/week Power Plant Maintenance Mechanic 31.9732/42.0591 40 hrs/week Power Plant Operator 34.5848/41.9279 40 hrs/week Senior Engineering Technician 33.2735/43.6982 40 hrs/week Senior Materials Handler 33.4702/43.5889 40 hrs/week Senior Meter Reader 22.0869/28.7680 40 hrs/week Grand Island Council Session - 6/22/2021 Page 154 / 358 ORDINANCE NO. 9834 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Senior Power Dispatcher 46.4846/54.8986 40 hrs/week Senior Power Plant Operator 40.6167/48.5947 40 hrs/week Senior Substation Technician 39.6994/44.7362 40 hrs/week Senior Water Maintenance Worker 25.8211/35.9365 40 hrs/week Substation Technician 39.5895/41.3051 40 hrs/week Systems Technician 38.9776/45.0094 40 hrs/week Tree Trim Crew Chief 30.7493/41.4471 40 hrs/week Utility Electrician 31.9513/42.3869 40 hrs/week Utility Groundman 20.0188/28.0000 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.2461/42.5617 40 hrs/week Utility Warehouse Clerk 23.8324/30.1483 40 hrs/week Water Maintenance Worker 24.6738/32.5960 40 hrs/week Wireworker I 23.8324/36.0600 40 hrs/week Wireworker II 33.0441/41.8296 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 23.3228/37.0317 Police Sergeant 32.3082/43.9408 Police Lieutenant 35.6380/50.0806 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs Grand Island Council Session - 6/22/2021 Page 155 / 358 ORDINANCE NO. 9834 (Cont.) - 8 - concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. A lateral hiring incentive is provided, namely for certified applicants, One-Thousand Five Hundred Dollars ($1,500) certification credit and fifty (50) hours of compensatory time if eligible. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 22.5794/29.0516 212 hrs/28 days Firefighter / EMT 17.0215/23.7540 212 hrs/28 days Firefighter / Paramedic 18.4007/25.9286 212 hrs/28 days Life Safety Inspector 25.9675/33.8573 40 hrs/week Battalion Chief 29.0231/33.4381 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an Grand Island Council Session - 6/22/2021 Page 156 / 358 ORDINANCE NO. 9834 (Cont.) - 9 - employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Wastewater Treatment Plant labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 18.7045/27.6313 40 hrs/week Biosolids Technician 22.2523/33.0104 40 hrs/week Equipment Operator – WWTP 20.5975/28.8856 40 hrs/week Lead Maintenance Mechanic 23.0360/33.1170 40 hrs/week Lead Maintenance Worker 21.9425/30.8754 40 hrs/week Lead Wastewater Plant Operator 24.4149/34.0004 40 hrs/week Maintenance Mechanic I 19.6844/29.1284 40 hrs/week Maintenance Worker – WWTP 19.8164/28.9993 40 hrs/week Stormwater Program Manager 23.9575/35.4030 40 hrs/week Wastewater Plant Laboratory Technician 22.1861/30.8417 40 hrs/week Wastewater Plant Operator I 20.0035/28.1013 40 hrs/week Wastewater Plant Operator II 22.6395/31.9878 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Service/Clerical/Finance labor agreement shall work prior to overtime eligibility are as follows: Grand Island Council Session - 6/22/2021 Page 157 / 358 ORDINANCE NO. 9834 (Cont.) - 10 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 17.7758/25.7665 40 hrs/week Accounting Technician – Streets 21.2972/27.9410 40 hrs/week Accounts Payable Clerk 20.0515/28.3453 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.0426/28.7466 40 hrs/week Administrative Assistant – Public Works 21.1770/30.6510 40 hrs/week Audio Video Technician 24.0072/32.3010 40 hrs/week Building Inspector 23.5373/35.2842 40 hrs/week Cashier 18.2595/25.0890 40 hrs/week Community Service Officer 17.0793/24.1383 40 hrs/week Computer Operator 23.8896/32.7818 40 hrs/week Computer Technician 25.0125/35.9070 40 hrs/week Crime Analyst 24.6410/31.8421 40 hrs/week Electrical Inspector 23.7012/35.2077 40 hrs/week Emergency Management Coordinator 21.1661/30.6510 40 hrs/week Engineering Technician – Public Works 23.6944/33.4167 40 hrs/week Evidence Technician 19.8439/28.8589 40 hrs/week GIS Coordinator 30.4621/45.8945 40 hrs/week Maintenance Worker I – Building, Library, Police 16.8177/23.8105 40 hrs/week Maintenance Worker II – Building, Library, Police 19.7674/26.6079 40 hrs/week Payroll Clerk 20.5214/28.7387 40 hrs/week Plans Examiner 23.4608/35.2842 40 hrs/week Plumbing/Mechanical Inspector 23.7122/34.8689 40 hrs/week Police Records Clerk 17.7268/25.1785 40 hrs/week Public Safety Dispatcher 21.3628/28.2361 40 hrs/week Senior Accounting Clerk 19.8876/28.3016 40 hrs/week Shooting Range Operator 26.1052/35.1312 40 hrs/week Wastewater Secretary 19.9641/28.1814 40 hrs/week The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of twenty-five cents ($0.25) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Grand Island Council Session - 6/22/2021 Page 158 / 358 ORDINANCE NO. 9834 (Cont.) - 11 - Public Safety Dispatcher who work any hours or portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of thirty-five cents ($0.35) per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of twenty-five cents ($0.25) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. and 11:00 p.m. A shift differential of thirty-five cents ($0.35) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional forty-five cents ($0.45) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of twenty-five cents ($0.25) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees Grand Island Council Session - 6/22/2021 Page 159 / 358 ORDINANCE NO. 9834 (Cont.) - 12 - covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional twenty-five cents ($0.25) per hour; employees who are regularly schedule to work graveyard shift will receive an additional thirty-five cents ($0.35) per hour for wages attributable to those shifts. Employees working twelve (12) or ten (10) hour shifts will receive an additional twenty-five cents ($0.25) per hour for wages attributable to the evening shift. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Three Hundred Twenty-five dollars ($325.00) semi-annually. New employees covered by the IBEW Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to One Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). The non-union position of Meter Reader Supervisor who are Grand Island Council Session - 6/22/2021 Page 160 / 358 ORDINANCE NO. 9834 (Cont.) - 13 - required to wear full fire retardant clothing will be eligible for an annual stipend of Seven Hundred dollars ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non-union Community Service Officer Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of Six hundred Fifty dollars ($650.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities labor agreement and the IBEW-Wastewater Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Grand Island Council Session - 6/22/2021 Page 161 / 358 ORDINANCE NO. 9834 (Cont.) - 14 - Twelve dollars ($12.00) per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities, the non-union position of Meter Reader – Part Time, and IBEW Wastewater Treatment Plant labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full- time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($12) biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of Thirty dollars ($30.00) biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: Grand Island Council Session - 6/22/2021 Page 162 / 358 ORDINANCE NO. 9834 (Cont.) - 15 - 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths (586.18) hours [calculated at 53% x 1,106 hours], the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 hours]. The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two (542) hours [calculated at 50% x 1,084 = 542]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the IBEW Wastewater labor agreement shall have a contribution to a VEBA made Grand Island Council Session - 6/22/2021 Page 163 / 358 ORDINANCE NO. 9834 (Cont.) - 16 - on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at 36% x 1,339 hours]. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred eighty-six and eighteen-hundredths (586.18) hours [calculated at 53% x 1,106 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty- eight and sixty-five hundredths hours (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid twenty percent (20%) for their accumulated medical leave at separation of employment after twenty (20) years of service; forty percent (40%) for their accumulated medical leave at separation of employment after twenty-five (25) years of service; fifty percent (50%) of accumulated medical leave for a death not occurring in the line of duty and one hundred percent (100%) of accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. Grand Island Council Session - 6/22/2021 Page 164 / 358 ORDINANCE NO. 9834 (Cont.) - 17 - The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half (1/2) of their accumulated medical leave, not to exceed thirty (30) days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half (1/2) of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($20.00) per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of Ten Dollars ($10.00) per pay period. SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay Grand Island Council Session - 6/22/2021 Page 165 / 358 ORDINANCE NO. 9834 (Cont.) - 18 - day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement: Five (5) years (beginning 6th year $ 350.00 Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 870.00 Twenty (20) years (beginning 21st year) $1,096.00 Twenty-five (25) years (beginning 26th year) $1,270.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant and IBEW Service/Clerical/Finance labor agreements shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Grand Island Council Session - 6/22/2021 Page 166 / 358 ORDINANCE NO. 9834 (Cont.) - 19 - Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. SECTION 14. Those portions of Ordinance No. 9818 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: June 22, 2021 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 167 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item F-6 #9835 - Consideration of Approving Changes to Chapter 2 of the Grand Island City Code Relative to Public Works Director Job Description Staff Contact: Stacy Nonhof, Interim City Attorney Grand Island Council Session - 6/22/2021 Page 168 / 358 Council Agenda Memo From:Stacy R. Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Amend City Code §2-41 Presenter(s):Stacy R. Nonhof, Interim City Attorney Background Currently, the City Engineer/Public Works Director is not required by City Code to be a licensed professional engineer with the State of Nebraska. Discussion The purpose of this ordinance is to bring Section 2-41 of City Code into compliance with State Statute. State Statute requires that the duties of the City Engineer/Public Works Director be done by a licensed professional engineer. The changes proposed will bring City Code into compliance with State Statute and require that the Public Works Director create the engineering standards for the City of Grand Island. 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 approval of Ordinance No. 9835. Sample Motion Move to approve Ordinance No. 9835. Grand Island Council Session - 6/22/2021 Page 169 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney ORDINANCE NO. 9835 An ordinance to amend Chapter 2 of Grand Island City Code; to amend Section 2- 41; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 2-41 of the Grand Island City Code is hereby amended to read as follows: §2-41. City Engineer / Public Works Director; Duties; Compensation There is hereby created the office and position of City Engineer / Public Works Director, hereafter referred to as "Public Works Director". This position shall be a licensed professional engineer with the State of Nebraska appointed by the mayor, with the approval of a majority of the city council. Among the duties required of the Public Works Director shall be making estimates of the cost of labor and material which may be done or furnished by contract with the city and make all surveys, estimates and calculations necessary to be made for the establishment of grades, the building of culverts, sewers, bridges, curbing, gutters, and the repair and improvement of streets. The Public Works Director shall make a record of the minutes of their surveys and of all work done for the city, including sewers and sewerage systems and accurately make such plats, sections, profiles and maps as may be necessary in the prosecution of any public work, which shall be public records and belong to the city and be turned over to his or her successor. The Public Works Director shall establish standards, ensure enforcement of those standards and may make any exceptions to those standards as warranted in their professional opinion. The standards shall be on file with the Public Works Department. In addition to the duties specifically set forth above, the Public Works Director shall perform such other duties as the city council may require or are required by law. The salary of the position of Public Works Director shall be established by ordinance. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. Grand Island Council Session - 6/22/2021 Page 170 / 358 ORDINANCE NO. (Cont.) - 2 - SECTION 3. 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: June 22, 2021. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 171 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-1 Approving Minutes of June 8, 2021 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 6/22/2021 Page 172 / 358 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 8, 2021 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 June 8, 2021. Notice of the meeting was given in The Grand Island Independent on June 2, 2021. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Justin Scott, Michelle Fitzke, Mark Stelk, Jason Conley, Vaughn Minton, Bethany Guzinski, Maggie Mendoza, Mitch Nickerson, and Chuck Haase. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and Public Works Director John Collins. INVOCATION was given by Pastor John Hayes, Grace Baptist Church, 1115 South Vine Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATION: Central Nebraska Regional Airport Sanitary Sewer Project Presentation. Public Works Director John Collins and Assistant Public Works Director Keith Kurz reported that the Central Nebraska Regional Airport Collection System originated with the Army Air Corp Base built during World War II and is currently owned by Hall County and operated by the Airport Authority. This infrastructure is estimated to be between 50 and 75 years old and in need of replacement. This project is ready for bid solicitation, with funding to be determined beforehand. Discussion was held regarding the cost and the use of American Rescue Plan (ARP) funds. City Administrator Jerry Janulewicz commented on the funding and the importance of this project. Central Nebraska Regional Airport Director Mike Olson, 35 Sky Park Road answered questions regarding funding available through the airport. Transfer Station Operations and Facility Improvement Presentation. Public Works Director John Collins introduced Joel Stenberg representing SCS Engineers. He reported that the current Solid Waste Transfer Station building, which is located at 5050 West Old Potash Highway, was constructed in 1983 and is no longer large enough to handle the current traffic and/or waste flows. Presented was the Transfer Station Evaluation Study that had been completed to look at traffic patterns, investigate potential improvement/expansion ideas to enhance operations and allow for present business as well as projected future conditions. Solid Waste Superintendent Jeff Wattier answered questions regarding out-of-county trash collections, rates, funding sources, grants, additional employees, safety equipment, and expanded hours. Grand Island Council Session - 6/22/2021 Page 173 / 358 Page 2, City Council Regular Meeting, June 8, 2021 PUBLIC HEARINGS: Public Hearing on Zoning Change for Property located South of Brookline Drive and East of Bellwood Drive from R2 Low Density Residential to B2 General Business. (Richard Larson). Regional Planning Director Chad Nabity reported that an application has been made by Richard Larson to rezone a tract of land consisting of Lot 31 of Matthew’s Subdivision in Grand Island, Hall County, Nebraska from R2 Low Density Residential to B2 General Business Zone. This property was located south of Brookline Drive and east Bellwood Drive. This property was planned for commercial development. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 5620 N. Quandt Road (Darlene Ann Niemoth) Utilities Director Tim Luchsinger reported that a utility easement was needed at 5620 N. Quandt Road in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Darlene Niemoth and Jared Leiser had requested to have the 13.8 KV 3-phase overhead power line relocated to accommodate a prvot location. The proposed easement would allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Staff recommended approval. No 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: #9827 - Consideration of Approving Zoning Change for Property located South of Brookline Drive and East of Bellwood Drive from R2 Low Density Residential to B2 General Business. (Richard Larson) #9828 – Consideration of Amending Chapter 22-103 of the Grand Island City Code Relative to Parking Fines #9829 – Consideration of Amending Chapter 16 of the Grand Island City Code Relative to Fireworks 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 Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9827 - Consideration of Approving Zoning Change for Property located South of Brookline Drive and East of Bellwood Drive from R2 Low Density Residential to B2 General Business. (Richard Larson) This item was related to the aforementioned Public Hearing. Staff recommended approval. Motion by Haase, second by Minton to approve Ordinance #9827. Grand Island Council Session - 6/22/2021 Page 174 / 358 Page 3, City Council Regular Meeting, June 8, 2021 City Clerk: Ordinance #9827 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 #9827 on second and final reading. All those in favor of this 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 #9827 is declared to be lawfully adopted upon publication as required by law. #9828 – Consideration of Amending Chapter 22-103 of the Grand Island City Code Relative to Parking Fines Interim City Attorney Stacy Nonhof reported that the minimum fine under the City’s Waiver Fine Schedule was currently twenty-five ($25.00) dollars. The Grand Island Police Department had asked that the parking fine be made the same as the minimum fine of all other City Code violations. This ordinance amends Chapter 22 of City Code, Parking Fines to increase the fine from $20.00 to $25.00. Staff recommended approval. Motion by Paulick, second by Guzinski to approve Ordinance #9828. City Clerk: Ordinance #9828 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 #9828 on second and final reading. All those in favor of this 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 #9828 is declared to be lawfully adopted upon publication as required by law. #9829 – Consideration of Amending Chapter 16 of the Grand Island City Code Relative to Fireworks Fire Prevention Division Chief Fred Hotz reported that the Governor signed into legislation LB 152 which made changes to the allowed fireworks sales. With the emergency clause, it became law on May 10. The ordinance language for the sale of fireworks in Grand Island immediately became outdated. Chapter 16 ordinance language currently references permissible fireworks. This Ordinance would amend Chapter 16 of City Code to coincide with the State of Nebraska new fireworks sales statutes. Staff recommended approval. Motion by Scott, second by Conley to approve Ordinance #9829. Grand Island Council Session - 6/22/2021 Page 175 / 358 Page 4, City Council Regular Meeting, June 8, 2021 City Clerk: Ordinance #9829 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 #9829 on second and final reading. All those in favor of this 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 #9829 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Stelk to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 25, 2021 City Council Regular Meeting. Approving Appointment of Bart Qualset to the Community Redevelopment Authority (CRA) Board. #2021-129 - Approving Generation Study - Engineering Services with Sargent & Lundy of Chicago, Illinois in an Amount not to exceed $116,000.00. #2021-130 - Approving Acquisition of Utility Easement - 5620 N. Quandt Road (Darlene Ann Niemoth). #2021-131 - Approving Renewal of Agreement for Enterprise Asset Management System for the Public Works Department with Cartegraph System, Inc. of Dubuque, Iowa in an Amount of $255,000.00 for three years. #2021-132 - Approving Award of Professional Engineering Consulting Services for Lift Station No. 17 Improvements; Project No. 2021-S-9 with Olsson, Inc. of Grand Island, Nebraska in an Amount not to exceed $121,000.00. #2021-133 - Approving Amendment No. 2 to Engineering Consulting Agreement for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 with Alfred Benesch & Company of Lincoln, Nebraska for an Increase of $376,401.00 and a Revised Agreement Amount of $606,697.00. #2021-134 - Approving Amendment No. 2 to Engineering Consulting Agreement for Custer Avenue- Forrest Street to Old Potash Highway Roadway Rehabilitation; Project No. 2019-P-13 with Olsson, Inc. of Grand Island, Nebraska for an Increase of $43,000.00 and a Revised Agreement Amount of $170,900.00. #2021-135 - Approving Tri-City Drug and Safe Streets Task Force (TCDSSTF) New Location Office Set Up. Grand Island Council Session - 6/22/2021 Page 176 / 358 Page 5, City Council Regular Meeting, June 8, 2021 #2021-136 - Approving Final Plat and Subdivision Agreement for Bolanos Second Subdivision. It was noted that Edwin Bolanos, owner, had submitted the Final Plat and Subdivision Agreement for Bolanos Second Subdivision located south of 4th Street and west of St. Paul Road for the purpose of creating 5 lots on 2.799 acres. REQUESTS AND REFERRALS: Consideration of Referring Blighted and Substandard Study for Area #33 to the Regional Planning Commission (Innate Development, LLC). Regional Planning Director Chad Nabity reported that Innate Development had submitted this study. The study is approximately 205 acres of property north of Husker Highway and west of Prairieview Street. The study was prepared and submitted indicated this property could be considered blighted and substandard. Staff recommended approval. Ron Depue, 308 No. Locust Street, attorney for the applicant and Scott Rief, 160 Ponderosa Court, owner, spoke in support. Motion by Nickerson, second by Conley to approve. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Guzinski to approve the payment of claims for the period of May 26, 2021 through June 8, 2021 for a total amount of $3,886,015.72. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:27 p.m. RaNae Edwards City Clerk Grand Island Council Session - 6/22/2021 Page 177 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-2 Approving Re-Appointments of Todd Enck, Marv Webb, Brad Kissler and Justin Oseka to the Building Code Advisory Board Mayor Steele has submitted the re-appointments of Todd Enck, Marv Webb, Brad Kissler and Justin Oseka to the Building Code Advisory Board. These appointments would become effective August 1, 2021 upon approval by the City Council and would expire on August 1, 2023. Staff Contact: RaNae Edwards Grand Island Council Session - 6/22/2021 Page 178 / 358 Grand Island Council Session - 6/22/2021 Page 179 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-3 Approving Re-Appointment of Karl Kostbahn to the Occupation Tax Oversight Committee (Food & Beverage) Mayor Steele has submitted the re-appointment of Karl Kostbahn to the Occupation Tax Oversight Committee (Food & Beverage). This appointment would become effective July 1, 2021 upon approval by the City Council and would expire on June 20, 2025. Staff Contact: RaNae Edwards Grand Island Council Session - 6/22/2021 Page 180 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-4 #2021-137 - Approving Acquisition of Utility Easement - 3234 West Schimmer Drive (GIG Ventures, LLC) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 181 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-137 WHEREAS, a public utility easement is required by the City of Grand Island from GIG Ventures, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines and; WHEREAS, a public hearing was held on June 22, 2021, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of the South Half of the Southwest Quarter (S ½, SW ¼) of Section Thirty-Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Southwest corner of Section Thirty-Two (32), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; thence easterly along the southerly line of said Section Thirty-Two (32), a distance of three hundred thirty-five and one tenth (335.10) feet; thence deflecting left 92°34’56” and running in a northerly direction, a distance of thirty-three (33.0) feet to a point on the northerly right-of- way line of Schimmer Drive, said point being the ACTUAL Point of Beginning; thence continuing in a northerly direction, a distance of one hundred seventy-three and nine tenths (173.9) feet; thence deflecting left 47°53’51” and running in a northwesterly direction, a distance of thirty-two (32.0) feet to the point of termination. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing a total of 0.095 acres, more or less, as shown on the plat dated 5/12/2021, 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 GIG Ventures, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 182 / 358 Grand IslandCouncil Session - 6/22/2021Page 183 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-5 #2021-138 - Approving Acquisition of Utility Easement - 1814 N. Eddy Street (Casey's Retail Co.) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 184 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-138 WHEREAS, a public utility easement is required by the City of Grand Island from Casey’s Retail Co. a/k/a Casey’s General Store, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines and mains and; WHEREAS, a public hearing was held on June 22, 2021, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of the Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition to the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Beginning at the southeast corner of the Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition, said point also being on the southwesterly right-of-way line of Eddy Street; thence running northwesterly along the northeasterly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition, and the southwesterly right-of-way line of Eddy Street, on an assumed bearing of N29°53’54”W, a distance of seventy eight and ninety six hundredths (78.96) feet to the ACTUAL Point of Beginning; thence running S60°06’05”W, a distance of one hundred four and ninety nine hundredths (104.99) feet, to a point on the westerly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and to a point on the easterly right-of-way line of Broadwell Avenue; thence running N01°19’23”W, along the west line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and the easterly right-of-way line of Broadwell Avenue, a distance of twenty two and seventy seven hundredths (22.77) feet; thence running N60°06’05”E, a distance of ninety four and nine hundredths (94.09) feet, to a point on the easterly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and to a point on the westerly right-of-way line of Eddy Street; thence running S29°53’54”E, along the easterly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and the westerly right-of-way line of Eddy Street, a distance of twenty (20.0) feet, to the ACTUAL Point of Beginning. The above-described easement and right-of-way containing 0.046 acres, more or less, as shown on the plat dated 4/28/2021, 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 Casey’s Retail Co. a/k/a Casey’s General Store, on the above-described tract of land. - - - Grand Island Council Session - 6/22/2021 Page 185 / 358 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 186 / 358 Grand Island Council Session - 6/22/2021 Page 187 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-6 #2021-139 - Approving Bid Award - 115 kV Relay Setting - 2021 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 188 / 358 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:115kV Relay Setting - 2021 Presenter(s):Timothy Luchsinger, Utilities Director Background The Grand Island Electric System utilizes a 115,000-volt transmission loop that connects eight substations around the city. This transmission loop is protected by relaying that monitors the power flowing on these lines. The Utilities Department is in the process of replacing aging relaying around the loop. These relays use internal calculations in real time to determine if the power if flowing safely. These calculations can vary greatly based on the length and construction of the line, and all electrical equipment connected to that line. When correctly configured, these relays are capable of isolating faulted lines quickly and without outages on unaffected equipment. The Utilities Department does not have the software or personnel available to model the system and determine the proper relay settings. When considering reliability as the primary driver, it is desirable to have someone with extensive specialized experience perform this modeling and develop the settings for the new relays. Discussion Bids were received by the City of June 1, 2021, for the contract labor and materials for the 115kV Settings – 2021. The two bids received were: Bidder Bid Price Mesa Associates, Inc. Knoxville, Tennessee $ 77,140.00 SynchroGrid College Station, Texas $107,000.00 The engineer’s estimate for this contract is $85,000. Grand Island Council Session - 6/22/2021 Page 189 / 358 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 bid from Mesa Associates, Inc., of Knoxville, Tennessee, for 115kV Relay Setting – 2021, in the amount of $77,140.00. Sample Motion Move to approve the bid from Mesa Associates, Inc., for the 115kV Relay Setting – 2021, in the amount of $77,140.00. Grand Island Council Session - 6/22/2021 Page 190 / 358 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 1, 2021 at 2:00 p.m. FOR: 115 kV Relay Setting Proposal 2021 DEPARTMENT: Utilities ESTIMATE: $85,000.00 FUND/ACCOUNT: 52001092-59200 PUBLICATION DATE: May 4, 2021 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Mesa Associates, Inc. SynchroGrid Knoxville, TN College Station, TX Bid Security: Cashier Check Cashier’s Check Exceptions: None None Bid Price: $77,140.00 $107,000.00 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Travis Spiehs, Electrical Engineer P2281 Grand Island Council Session - 6/22/2021 Page 191 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-139 WHEREAS, the City of Grand Island invited bids for 115kV Relay Setting - 2021, according to plans and specifications on file with the Utilities Department; and WHEREAS, on June 1, 2021, bids were received, opened and reviewed; and WHEREAS, Mesa Associates, Inc., of Knoxville, Tennessee, 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 $77,140.00; and WHEREAS, the bid of Mesa Associates, Inc., is than the estimate for 115 Relay Setting – 2021. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Mesa Associates, Inc., the amount of $77,140.00 for 115 kV Relay Setting - 2021, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 192 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-7 #2021-140 - Approving Bid Award - Water Storage Tank Maintenance Program Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 193 / 358 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Water Storage Tank Maintenance Program Presenter(s):Timothy G. Luchsinger, Utilities Director Background The City water system has five water storage tanks used to store water for daily use and emergencies. The tanks require periodic maintenance of interior and exterior washes, and painting to maintain the appearance and structural integrity of the tanks. In the past, department staff have performed washes and hired contractors to complete painting renovations. This method of maintenance requires special budgeting when inspections determined when repainting would need to be completed. By contracting with a tank maintenance contractor, the annual budget can be levelized for complete maintenance of the storage tanks. All cleanings, repairs, and repainting will be included in the tank maintenance program. Engineering staff developed a specification for proposals on tank maintenance programs for each of the five tanks, Burdick Reservoir, Rogers #1 Reservoir, Rogers #2 Reservoir, Kimball Reservoir, and Olson Tower. Discussion A Request for Proposal was advertised and sent to three potential vendors. Three proposals were received and opened on April 8, 2021. Bidder Total Annual Proposal SUEZ Atlanta, Georgia $257,728.00 Viking Industrial Painting Omaha, Nebraska $169,651.00 Maguire Iron, Inc. Sioux Falls, South Dakota $160,569.00 Grand Island Council Session - 6/22/2021 Page 194 / 358 The proposals were evaluated by engineering staff on multiple criteria. All evaluations found Maguire Iron, Inc., to have the best proposal for the Water System Tank Maintenance Program. 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 the Water Tank Maintenance Program to Maguire Iron, Inc., of Sioux Falls, South Dakota, for all five tanks for a period of no less than ten years with an annual sum of $160,569.00, adjusted annually. Sample Motion Move to approve the proposal from Maguire Iron, Inc., of Sioux Falls, South Dakota, for the Water Tank Maintenance program in the annual amount of $160,569.00, adjusted annually, for a period of no less than ten years. Grand Island Council Session - 6/22/2021 Page 195 / 358 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR WATER STORAGE TANK MAINTENANCE PROGRAM RFP DUE DATE: April 8, 2021 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: March 6, 2021 NO. POTENTIAL BIDDERS: 3 PROPOSALS RECEIVED Maguire Iron, Inc. Utility Service Co., Inc. Sioux Falls, SD Perry, GA Viking Industrial Painting Omaha, NE cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Lynn Mayhew, Assist. Utilities Director Karen Nagel, Utilities Secretary P2262 Grand Island Council Session - 6/22/2021 Page 196 / 358 Tank 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Burdick Reservoir Estimated Scheduled of Work Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Exterior Pressure Wash Cleaning Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Exterior Renovationa nd Interior Renovation Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Exterior Pressure Wash Cleaning and Interior Cleaning Visual Inspection and emergency repairs No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service Olson Estimated Scheduled of Work Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Exterior Pressure Wash Cleaning and Interior Cleaning Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Exterior Renovationa nd Interior Renovation Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Rogers Reservoir #2 Estimated Scheduled of Work Exterior Pressure Wash Cleaning Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Exterior Renovation Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Exterior Pressure Wash Cleaning and Interior Cleaning Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Exterior Renovation Visual Inspection and emergency repairs Rogers Reservoir #1 Estimated Scheduled of Work Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Exterior Renovation with Washout Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Exterior Renovationan d Interior Renovation Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Exterior Pressure Wash Cleaning and Interior Cleaning Visual Inspection and emergency repairs Visual Inspection and emergency repairs Washout / ROV Inspection Any Needed Repairs Emergency Service Visual Inspection and emergency repairs Visual Inspection and emergency repairs Kimball Reservoir Estimated Schedule of Work Washout / ROV Inspection Any Needed Repairs Emergency Service No Service No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service No Service Washout / ROV Inspection Any Needed Repairs Emergency Service No Service Grand Island, NE Grand Island Council Session - 6/22/2021 Page 197 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-140 WHEREAS, the City of Grand Island invited proposals for a Water Storage Maintenance Program, according to plans and specifications on file with the Utilities Department; and WHEREAS, on April 8, 2021, proposals were received, opened and reviewed; and WHEREAS, Maguire Iron, Inc., of Sioux Falls, South Dakota, submitted a proposal in accordance with the terms of the advertisement and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $160,569.00, adjusted annually, for a period of ten years; and WHEREAS, the proposal of Maguire Iron, Inc., has been evaluated by engineering staff to be the best proposal for the Water Storage Maintenance Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Maguire Iron, Inc., in the amount of $160,569.00, adjusted annually for the next ten years, for the Water Storage Maintenance Program, is hereby approved as the lowest responsible proposal, and the Mayor is authorized to sign the contracts on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 198 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-8 #2021-141 - Approving Bid Award - Electrostatic Precipitator Transformer-Rectifier Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 199 / 358 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Electrostatic Precipitator Transformer-Rectifier Replacement Presenter(s):Timothy G. Luchsinger, Utilities Director Background Platte Generating Station operates with an electrostatic precipitator designed to remove fly ash from the flue gas of a coal-fired boiler. The system, implemented in 1983, is designed such that an electric potential is created onto collecting plates and discharge electrodes. These plates and electrodes then attract particulate matter to them. After collecting the particulate matter, a system of rappers is used to “shake” the collected particulate off into a collecting chamber. In order to abide by the EPA regulations, the electrostatic precipitator needs to be running at optimal efficiency. The transformer-rectifier is the main component that creates the high electric potential needed to attract the fly ash. After being in service for almost 40 years, three need to be replaced. The tanks that hold the insulating oil, rectifier, and the high step-up transformer are showing signs of severe rust near the bottom. At some point the rust could cause the oil to leak through and cause the transformer to overheat and fail. Discussion Specifications for the Electrostatic Precipitator Transformer-Rectifier Replacement were advertised and issued for bid in accordance with the City purchasing code. Bids were publicly opened on June 8, 2021. The engineer’s estimate for this project was $150,000.00. Bidder Bid Price The Babcock & Wilcox Company Newport News, Virginia $270,337.00 Redkoh Industries Hillsborough, New Jersey $162,000.00 NWL, Inc. Bordentown, New Jersey $161,950.00 Grand Island Council Session - 6/22/2021 Page 200 / 358 Bids were reviewed by plant engineering staff. During the site inspection, a couple of the tanks were found to be severely rusted. The contractors added the cost to fabricate a containment in the event the bottoms of the tanks give out during removal. This cost was not included in the engineers estimate, however, is needed for safe removal of the transformer-rectifier. The cost to perform this work is included in the annual operational and maintenance budget and within the annual budget for maintenance of this type. Since this project is not a capital construction project and rather an operation and maintenance expense that has sufficient funding budgeted, the engineering staff recommends an adjustment to the engineer’s estimate by the department head. The Department can show that these funds have been appropriated for this work and that this decision will be fiscally responsible. Redkoh and The Babcock & Wilcox Company could not comply with the required schedule constraints. NWL Inc., was otherwise found compliant with the specifications and approximately 7.4% higher than the engineer’s estimate. 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 Council award the contract for the Electrostatic Precipitator Transformer-Rectifier Replacement to NWL Inc., of Bordentown, New Jersey, as the low responsive bidder, with the bid in the amount of $161,950.00. Sample Motion Move to approve the bid in the amount of $ 161,950.00 for the Electrostatic Precipitator Transformer-Rectifier Replacement to NWL Inc. Grand Island Council Session - 6/22/2021 Page 201 / 358 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 8, 2021 at 2:00 p.m. FOR:Electrostatic Precipitator Transformer-Rectifier DEPARTMENT:Utilities ESTIMATE:$150,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:May 19, 2021 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:NWL Transformers, Inc.Redkoh Industries, Inc. Bordentown, NJ Hillsborough, NY Bid Security:Check Check Exceptions:None Noted Bid Price: Materials:$125,500.00 $86,500.00 Installation:$ 24,057.00 $15,000.00 Labor:$ 12,393.00 $60,500.00 Sales Tax:$ -0-____ -0-___ Total Bid:$161,950.00 $162,000.00 Bidder:Babcock & Wilcox Akron, OH Bid Security:Berkley Insurance Co. Exceptions:Noted Bid Price: Materials:$ 70,422.00 Installation:$192,015.00 Labor:Included Above Sales Tax:$ 5,280.00 Total Bid:$270,337.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Grand Island Council Session - 6/22/2021 Page 202 / 358 Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Ryan Kruse, Production Engineer Karen Nagel, Utilities Secretary P2286 Grand Island Council Session - 6/22/2021 Page 203 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-141 WHEREAS, the City of Grand Island invited sealed bids Electrostatic Precipitator Transformer-Rectifier Replacement, according to plans and specifications on file with the Utilities Department; and WHEREAS, on June 8, 2021, bids were received, opened and reviewed; and WHEREAS, NWL, Inc., of Bordentown, New Jersey, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $161,950.00; and WHEREAS, during the site inspection, a couple of the tanks were found to be severely rusted, and the contractors added the cost to fabricate a containment in the event the bottoms of the tanks give out during removal; and WHEREAS, the cost of the containment was not included in the Engineer’s Estimate, it is needed for the safe lowering of the Transformer-Rectifier; and WHEREAS, the cost to perform this work is included in the annual Operational and Maintenance budget and within the annual budget for maintenance of this type. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NWL, Inc., in the amount of $161,950.00, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 204 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-9 #2021-142 - Approving Bobcat Excavator Lease Agreement for the Utilities Underground Division Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/22/2021 Page 205 / 358 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:June 22, 2021 Subject:Approving Lease Agreement for Bobcat Excavator Presenter(s):Tim Luchsinger, Utilities Director Background The Grand Island Utilities Department Underground Division routinely installs new underground electrical infrastructure for new residential, commercial and industrial developments. Oftentimes, crews are installing infrastructure in multiple locations at once. Up until a couple of years ago, the Division was able to keep up with the amount of work with a single backhoe that is owned by the Department, however, the last several years have been exceptionally busy and required the rental of a small excavator to allow more crew flexibility. During calendar year 2020, approximately $14,000 was spent on weekly and monthly rental charges for this unit. A less costly option was presented as an annual lease of the unit for $5,800.00. Discussion The pricing of the lease is based upon Sourcewell, a government pricing organization. Bobcat is responsible for any repairs to the unit. Grand Island Utilities would only need to perform routine maintenance such as oil changes. The annual cost is significantly lower than the charges incurred during 2020 for the rental of the unit. 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 Grand Island Council Session - 6/22/2021 Page 206 / 358 Recommendation City Administration recommends that the Council approve the lease agreement with Hometown Leasing for the amount of $5,800.00. Sample Motion Move to approve the lease agreement with Hometown Leasing for the amount of $5,800.00. Grand Island Council Session - 6/22/2021 Page 207 / 358 Grand Island Council Session - 6/22/2021 Page 208 / 358 Grand Island Council Session - 6/22/2021 Page 209 / 358 Grand Island Council Session - 6/22/2021 Page 210 / 358 Grand Island Council Session - 6/22/2021 Page 211 / 358 Grand Island Council Session - 6/22/2021 Page 212 / 358 Grand Island Council Session - 6/22/2021 Page 213 / 358 Grand Island Council Session - 6/22/2021 Page 214 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-142 WHEREAS, the Grand Island Utilities Department, Underground Division routinely installs new underground electrical infrastructure for new residential, commercial and industrial developments; and WHEREAS, crews are installing infrastructure in multiple locations at one time, and more than one backhoe excavator is needed; and WHEREAS, the last several years have been exceptionally busy requiring the occasional rental of a small excavator to allow for more crew flexibility, and during 2020, approximately $14,000.00 was spent on weekly and monthly rental charges for this unit; and WHEREAS, a less expensive option would be an annual lease of the equipment for $5,800.00 based upon Sourcewell, a government pricing organization. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Lease for the Bobcat Excavator for the Utilities Department, Underground Division is approved, and the Mayor is hereby authorized to sign the lease on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 215 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-10 #2021-143 - Approving Resolution Directing Property Owner to Repair Sidewalk at 1208 N Broadwell Avenue Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 216 / 358 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 22, 2021 Subject:Resolution Directing Property Owner to Repair Sidewalk at 1208 N Broadwell Avenue Presenter(s):John Collins PE, Public Works Director Background On June 8, 2020, Public Works Administration received a Sidewalk Cost Share Program Application from Sofia A. Montanez for the property at 1208 N Broadwell Avenue. Such application was reviewed and deemed eligible for the program, with an Engineering Technician marking out the sidewalk panels that do not comply with the Americans with Disabilities Act (ADA). On June 16, 2020 an approval letter was emailed to Ms. Montanez, noting the amount the City would contribute to the necessary sidewalk repairs. As of February 4, 2021 the necessary sidewalk repairs had not been made, therefore the matter was referred to Code Enforcement. A thirty (30) day letter was sent to the property owner on February 4, 2021 with no action taken during the given timeframe and attempts to reach the property owner in person and by phone unsuccessful. On March 12, 2021 the Code Enforcement Officer issued another notice at the property, which received a reply from the owner’s daughter. There was confusion on the part of the property owner, with the thought that the City would make the necessary sidewalk repairs. The Code Enforcement Officer explained that the City doesn’t do such work and it would need to be privately contracted. On March 25, 2021 the property owner’s daughter notified the Code Enforcement Officer that they have not been able to find anyone to complete the work. As of April 4, 2021 the necessary repairs have not been made. Other properties have been awarded sidewalk cost share funds and have completed the necessary repairs in the time this case has been worked. April 19, 2021 a letter was sent to the property owner concerning necessary repairs to the sidewalk at 1208 N Broadwell Avenue (Lot 16, Block 1, Boggs and Hill’s Addition to the City of Grand Island, Hall County, Nebraska). The letter stated the matter of uncompleted sidewalk repairs at 1208 N Broadwell Avenue would be presented to City Council on May 11, 2021 to prevent accident or injury to citizens using the sidewalk. Section 32-58 of the City Code and Section 16-662 R.S. Nebraska Statues, make the property owner responsible for repairing sidewalks adjacent to their property. Grand Island Council Session - 6/22/2021 Page 217 / 358 To allow further time for the property owner to make contact with the Public Works Department for a plan regarding the sidewalk repairs a letter was sent stating the matter was rescheduled for the June 22, 2021 City Council meeting. Discussion The Public Works Department is requesting that a resolution be passed giving the property owner 15 days to obtain the sidewalk permit and 15 days from issuance of such permit to complete the repairs of the sidewalk at 1208 N Broadwell Avenue (Lot 16, Block 1, Boggs and Hill’s Addition to the City of Grand Island, Hall County, Nebraska), as this is a public safety concern. If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs 15 days after such permit is issued, the City of Grand Island will take steps to make the necessary repairs with all costs being the responsibility of the property owner. 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 a resolution directing the property owner to obtain a permit and repair the sidewalk located at 1208 N Broadwell Avenue (Lot 16, Block 1, Boggs and Hill’s Addition to the City of Grand Island, Hall County, Nebraska). Sample Motion Move to approve a resolution directing the property owner to obtain a sidewalk permit and repair the sidewalk. Grand Island Council Session - 6/22/2021 Page 218 / 358 Grand Island Council Session - 6/22/2021 Page 219 / 358 Grand Island Council Session - 6/22/2021 Page 220 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-143 WHEREAS, the City has the authority under Neb. Rev. Stat., §16-662 and Section 32-58 of the City Code, to direct the repair and replacement of sidewalks by owners of the abutting property; and WHEREAS, the sidewalk abutting 1208 N Broadwell Avenue, legally described as Lot 16, Block 1, Boggs and Hill’s Addition to the City of Grand Island, Hall County, Nebraska, has been determined to be in need of repair and replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to the property owner to obtain a sidewalk permit within 15 days and within 15 days of such permit issuance to make the necessary repairs to the sidewalk abutting the property located at 1208 N Broadwell Avenue (Lot 16, Block 1, Boggs and Hill’s Addition to the City of Grand Island, Hall County, Nebraska). If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs within 15 days of such permit issuance, the City will cause the work to be done and assess the cost against the property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 221 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-11 #2021-144 - Approving Agreement for the Nebraska Public Transportation Assistance Program Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 222 / 358 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:June 22, 2021 Subject:Approving Agreement for the Nebraska Public Transportation Assistance Program Presenter(s):John Collins PE, Public Works Director Background On June 25, 2019 via Resolution No. 2019-197 City Council approved the agreement between the City and Senior Citizens Industries, Inc. of Grand Island, Nebraska for public transit services. Such approval consisted of an agreement providing compensation to Senior Citizens Industries, Inc (SCI.) in the total amount of $697,213.17 for the period of July 1, 2019 to June 30, 2020. The City has the option to renew the agreement beyond June 30, 2022 on an annual basis for a two (2) year period, after which time proposals will be solicited. Compensation for the extended service is at the following rates, billed monthly: July 1, 2020 through June 30, 2021- $718,129.57 annually and July 1, 2021 through June 30, 2022– $739,673.46 annually. Service will be provided both in the City of Grand Island and County of Hall via a unified system operated by Senior Citizens Industries, Inc. The Federal Transit Authority’s (FTA) 5307 Urbanized Area Formula Grants reimburse a portion of the City of Grand Island’s contract with SCI. Additionally, 5307 Urbanized Area Formula Grants reimburse the City for a portion of the public transit project administration conducted by the Public Works Transit Division. FTA reimburses the City for capital expenses at a ratio of 80/20, and operating expenses at a ratio of 50/50. Funds are available through the State of Nebraska Public Transportation Assistance Program to aid the City in meeting the required matching funds. If awarded, these State funds will be used towards the City’s local matching obligation for 5307 Urbanized Area Formula Grants. Funds from the Nebraska Public Transportation Assistance Program are competitive, and the City must complete a new application every year. On April 14, 2020, via Resolution No. 2020-91, City Council approved applications to be submitted administratively, with the agreement being present to City Council for approval. Grand Island Council Session - 6/22/2021 Page 223 / 358 Last year, the City of Grand Island was awarded Nebraska Public Transportation Assistance Program funding in the amount $187,101 for the period of July 1, 2020 to June 30, 2021. Discussion On May 17, 2021 the Mayor signed the application requesting State funds in the amount of $200,820.00 from the Nebraska Public Transportation Assistance Program. Public Works Transit Division is requesting a resolution to enter into the agreement for matching funds under the Nebraska Public Transportation Assistance program in the amount of $200,820.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Application for the Nebraska Public Transportation Assistance Program to aid the City in providing public transit services. Sample Motion Move to approve the Application for the Nebraska Public Transportation Assistance Program. Grand Island Council Session - 6/22/2021 Page 224 / 358 Grand Island Council Session - 6/22/2021 Page 225 / 358 Grand Island Council Session - 6/22/2021 Page 226 / 358 Grand Island Council Session - 6/22/2021 Page 227 / 358 Grand Island Council Session - 6/22/2021 Page 228 / 358 Grand Island Council Session - 6/22/2021 Page 229 / 358 Grand Island Council Session - 6/22/2021 Page 230 / 358 Grand Island Council Session - 6/22/2021 Page 231 / 358 Grand Island Council Session - 6/22/2021 Page 232 / 358 Grand Island Council Session - 6/22/2021 Page 233 / 358 Grand Island Council Session - 6/22/2021 Page 234 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 1 AGREEMENT THIS AGREEMENT made and entered into by the State of Nebraska, Department of Transportation, hereinafter referred to as "Department," and the City of Grand Island, hereinafter referred to as "Contractor," is for the purpose of providing partial funding of Contractor's Public Transportation System (hereinafter referred to as “Project”), from July 1, 2020 until June 30, 2021. WHEREAS, the Nebraska Public Transportation Act as provided by Neb.Rev.Stat. §13-1201 through 13-1214 (Reissue 2016), established a public transportation assistance program to provide State financial assistance to qualified eligible recipients, and WHEREAS, the Contractor qualifies as an eligible recipient of public transportation assistance, and WHEREAS, the Contractor has agreed to operate, or contract for the operation of, a public transportation system for the duration of this Agreement; and WHEREAS, the Contractor has the capability to provide local matching funds of an amount equal to that provided by the Department; NOW THEREFORE, in consideration of these facts the parties agree as follows: Section 1 PROJECT SCOPE The Contractor shall undertake and complete the Project as described in its Application for the Nebraska Public Transportation Assistance Program, hereinafter referred to as “Project Application”, filed with and approved by the Department, and in accordance with the terms and conditions of this Agreement. Section 2 REDUCED FARES The Contractor agrees to offer, on city bus systems included in this Project and operating over regularly scheduled routes, a reduced fare to the elderly and handicapped not to exceed one-half of Grand Island Council Session - 6/22/2021 Page 235 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 2 the rates generally applicable to other persons at peak hours for each one way trip. The Contractor may designate certain peak hours during which this section shall not apply. Section 3 AGREEMENT PERFORMANCE TERM The Agreement performance term shall be from July 1, 2021 until June 30, 2022. Section 4 FUNDING The Department’s share shall not exceed State funds of $200,820 or 50% of net eligible operating costs whichever is smaller. The fulfillment of this dollar amount will be contingent upon the availability of State funds during the Agreement performance term referred in Section 3. Section 5 PROJECT COST The Department shall subsidize a percentage of the eligible operating deficit and the Contractor agrees to provide, from local sources, funds in an amount equal to the Department subsidy. The Contractor shall initiate and pursue to completion all actions necessary to enable the Contractor to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. The Contractor further agrees no refund or reduction of the amount so provided will be made, unless there is at the same time, a refund to the Department of a proportionate amount. Section 6 PROJECT EQUIPMENT USES The Contractor agrees the Project equipment shall be used as described in the approved Project Application for the duration of its useful life. If, during such useful life, any Project equipment is not used in this manner or is withdrawn from service, the Contractor shall immediately notify the Department and shall dispose of such equipment in accordance with procedures acceptable to the Department. Grand Island Council Session - 6/22/2021 Page 236 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 3 Section 7 LEASES OR SUBCONTRACTS Anytime the Contractor leases or subcontracts with a third party for the operation of public transportation, the requirements and stipulations contained herein shall be held applicable to the third party. All third party subcontracts shall be approved by the Department, prior to execution by the Contractor. Section 8 RECORDS AND REPORTS (a) ESTABLISHMENT AND MAINTENANCE OF ACCOUNTING RECORDS The Contractor shall keep and maintain satisfactory records with regard to the use of the property in accordance with the Accounting Manual and submit to the Department upon request such information as is required in order to assure compliance with this Section and shall immediately notify the Department in all cases where the service offered is changed substantially from that described in the Project Application. The Contractor shall establish and maintain, in accordance with requirements established by the Department in the Accounting Manual, separate accounts for the Project, either independently or within its existing accounting system, to be known as the Project Account. (b) PROJECT COSTS DOCUMENTATION All charges to the Project Account shall be supported by properly executed invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges, in accordance with the Accounting Manual. (c) CHECKS, ORDERS AND VOUCHERS Any check or order drawn by the Contractor with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Contractor stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders or other accounting documents Grand Island Council Session - 6/22/2021 Page 237 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 4 pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. (d) REPORTS The Contractor shall advise the Department regarding the progress of the Project at such times and in such manner as the Department may require, including, but not limited to meetings and monthly reports. The Contractor shall submit to the Department, at such time as may be required, such financial statements, data, records, contracts and other documents related to the Project as may be deemed necessary by the Department, and shall permit extracts and copies thereof to be made, during the Agreement period and for three (3) years after the date of final payment. Section 9 PAYMENTS (a) The Department shall pay for the eligible costs incurred under the terms of this Agreement and only those costs properly documented and itemized on the Contractor’s invoice. (b) Payments shall be made once each month and shall be for costs incurred within the scope of this Agreement. The Contractor shall submit monthly invoices and such invoices, or supplements thereto, shall be the basis of payment. The final invoice (for the month of June) must be submitted to the Department no later than August 15th following the close of the Agreement performance term. Any invoices received after that date will be paid from funds authorized for the following fiscal year’s agreement. The invoices shall be signed by a duly authorized representative of the Contractor, certifying that all of the items therein are true and correct. Payment shall be made subject to pre- audit processes by duly authorized representative(s) of the Department. The Department, upon receipt of the proper invoices, will make every reasonable effort to provide payment to the Contractor within (15) calendar days. Grand Island Council Session - 6/22/2021 Page 238 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 5 Section 10 INSPECTIONS AND AUDIT The Contractor shall permit the Department, or its duly authorized representative(s), to inspect all vehicles, facilities and equipment engaged by the Contractor as part of the Project, all transportation services rendered by the Contractor by the use of such vehicles, facilities and equipment and all relevant Project data and records. The Contractor shall also permit the Department or its duly authorized representative(s) to conduct audit procedures of the financial records and accounts of the Contractor pertaining to the Project. Section 11 TERMINATION Either party may, by written notice to the other party, terminate the Project and cancel this Agreement after thirty (30) days’ notice for any of the following reasons: (1) The Contractor discontinues providing the transportation services as agreed; (2) The Contractor takes any action pertaining to this Agreement without the approval of the Department and which under the procedures of this Agreement would have required the approval of the Department; (3) The commencement, prosecution or timely completion of the Project by the Contractor is, for any reason, rendered improbable, impossible or illegal; (4) The Contractor shall be in default under any provision of this Agreement; (5) The Contractor fails to provide sufficient matching funds as defined in its Project Application; or (6) The Contractor desires termination for any reason. Section 12 AGREEMENT CHANGES Any proposed change in this Agreement shall be submitted to the Department for its prior approval. Grand Island Council Session - 6/22/2021 Page 239 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 6 Section 13 PROHIBITED INTERESTS Any member, officer, or employee of the Contractor shall comply with appropriate State Statutes concerning any interest, direct or indirect in this Agreement or the proceeds thereof. Section 14 NONDISCRIMINATION The Contractor agrees to abide by the provisions of the Nebraska Fair Employment Practice Act as provided by Neb.Rev.Stat. §48-1101 through 48-1126 (Reissue 2010), and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit “A” attached hereto and hereby made a part of this Agreement. Section 15 CLAIMS The Contractor indemnifies, saves and holds harmless the Department and all its agents and employees of and from any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the work to be performed by the Contractor hereunder and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any such claim of whatever character arising as a result of the action taken hereunder by the Contractor. It is further agreed that any and all employees of the Contractor and all other employees except employees of the Department while engaged in the performance of any work or services required or provided for herein to be performed by the Contractor shall not be considered employees of the Department, and that any and all claims that may or might arise under the Workers’ Compensation Act of the State of Nebraska on behalf of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Department. Grand Island Council Session - 6/22/2021 Page 240 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 7 Section 16 INSURANCE The Contractor shall maintain in amount and form satisfactory to the Department such insurance or, if permitted by law, Contractor shall maintain a self-insurance program as will be adequate to protect it and the subcontractor, if any, in case of accident. As a minimum, the coverage shall consist of not less than the following amounts: 1. Workers’ Compensation - Statutory 2. Bodily Injury and Property Damage - with a combined single limit of liability of $500,000 each occurrence or Bodily Injury General and Automobile $250,000 each person General and Automobile $500,000 each occurrence Property Damage General and Automobile $250,000 each occurrence General $500,000 each aggregate The insurance referred to in Number 2 above shall be written under Comprehensive General and Comprehensive Automobile Liability Policy Forms, including coverage for all owned, hired, and non- owned automobiles. The Contractor may at his option provide the limits of liability as set out above by a combination of the above-described policy forms and excess liability policies. Contractor shall verify compliance with this section by submitting a copy of its Certificate of Insurance, or if self- insured, a letter to this effect. Grand Island Council Session - 6/22/2021 Page 241 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 8 IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized representative of the Contractor and Department effective the day and year below written. EXECUTED by the Contractor this _____ day of _________________, 2021 CITY OF GRAND ISLAND BY ______________________________ TITLE ______________________________ EXECUTED by the Department this ____ day of _________________, 2021 STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION ___________________________________ Jodi Gibson Local Assistance Division Manager Grand Island Council Session - 6/22/2021 Page 242 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 1 EXHIBIT A NONDISCRIMINATION CLAUSES During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor””), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of handicap, race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix “A”, “B” and “C” of Part 21 of the Regulations. (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontractor, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of handicap, race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor’s noncompliance with the nondiscrimination provisions of this Agreement, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. Grand Island Council Session - 6/22/2021 Page 243 / 358 City of Grand Island RPT-M401(2022) CN 42845F Page 2 (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions of noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department to enter into such litigation to protect the interests of the Department, 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 - 6/22/2021 Page 244 / 358 R E S O L U T I O N 2020-91 WHEREAS, funds are available through the State ofNebraska Public Transportation Assistance Program to aid the City financially in providing public transit services; and WHEREAS, the City ofGrand Island is in contract with Senior Citizens Industries, Inc, for implementation of a Transit Program using 5307 Urbanized Area Formula Grants, and thereby eligible for State of Nebraska Public Transportation Assistance Program funds; and WHEREAS, such State funds will be used towards the City's local matching obligation for 5307 Urbanized Area Formula Grants; and WHEREAS, the Nebraska Public Transportation Assistance Program application shall be submitted each year administratively, with the agreement being presented to City Council for approval. 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 application and subsequent agreement for the Nebraska Public Transportation Assistance Program in an amount not to exceed $187,101.00. BE IT FURHTER RESOLVED, all future applications shall be submitted administratively, with the Agreement being presented to City Council for approval. Adopted by the City Council of the City of Grand Island, Nebraska, April 14, 2020. Attest: n RaNae Edwards, City Clerk e,.z Ro G. Steele, Mayor Approved as to Form tt April 13, 2020 tt CityAttomey Grand Island Council Session - 6/22/2021 Page 245 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-144 WHEREAS, funds are available through the State of Nebraska Public Transportation Assistance Program to aid the City financially in providing public transit services; and WHEREAS, the City of Grand Island is in contract with Senior Citizens Industries, Inc, for implementation of a Transit Program using 5307 Urbanized Area Formula Grants, and thereby eligible for State of Nebraska Public Transportation Assistance Program funds; and WHEREAS, such State funds will be used towards the City’s local matching obligation for 5307 Urbanized Area Formula Grants; and WHEREAS, on April 14, 2020, via Resolution No. 2020-91, City Council approved applications to be submitted administratively, with the agreement being present to City Council for approval; and WHEREAS, the Nebraska Public Transportation Assistance Program application was signed by the Mayor on May 17, 2021 requesting State funds in the amount of $200,820.00 from the Nebraska Public Transportation Assistance Program. 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 agreement for the Nebraska Public Transportation Assistance Program in the amount of $200,820.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 246 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-12 #2021-145 - Approving Change Order No. 2 for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 247 / 358 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 22, 2021 Subject:Approving Change Order No. 2 for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2 Presenter(s):John Collins PE, Public Works Director Background Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska was awarded a $215,348.70 contract on November 24, 2020, via Resolution No. 2020- 313, for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2. On May 25, 2021, via Resolution No. 2021-120, City Council approved Change Order No. 1 at no additional cost to extend the completion date from May 15, 2021 to June 14, 2021. This project will build a portion of drainage associated with the Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1. It also allows for better drainage from the North Road improvement project and future paving & drainage improvements west of North Road. The proposed route is shown on the attached exhibit. Discussion After the agenda deadline for the May 25, 2021 City Council meeting Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting requested the date extension to July 9, 2021, a change from the original extension request of June 14, 2021. While the Public Works Department had no issue with the revised extension date, based on adverse weather conditions for grading operations this spring, it was made at such a time that the council documents were unable to be changed. As such, Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting has requested a time extension for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2 from the June 14, 2021 to July 9, 2021. There will not be any contract amount modification with this change order. Grand Island Council Session - 6/22/2021 Page 248 / 358 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 extending the completion date to July 9, 2021, as noted in Change Order No. 2. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/22/2021 Page 249 / 358 CONTRACT TIME EXTENSION PROJECT:Capital Avenue Drainage Improvements - North Road to Moores Creek; Project No. 2020-D-2 CONTRACTOR:Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting AMOUNT OF CONTRACT: $215,348.70 CONTRACT DATE: December 15, 2020 Notice to Proceed Date -------------------------------------------------December 16, 2020 Original Completion Date -----------------------------------------------May 15, 2021 Revised Completion Date ----------------------------------------------June 14, 2021 Revised Completion Date ---------------------------------------------July 9, 2021 The Above Change Order Accepted: Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting By____________________________________Date_______________________ Approval Recommended: By______________________________________________Date________________ John Collins PE, Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 6/22/2021 Page 250 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-145 WHEREAS, on November 24, 2020, via Resolution 2020-313, the City of Grand Island awarded Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska the bid in the amount of $215,348.70 for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2; and WHEREAS, on May 25, 2021, via Resolution No. 2021-120, City Council approved Change Order No. 1 at no additional cost to extend the completion date from May 15, 2021 to June 14, 2021; and WHEREAS, the completion of such project has been delayed due to other commitments; and WHEREAS, Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting has requested an extension from June 14, 2021 to July 9, 2021 in order to complete the project; and WHEREAS, there will not be any contract amount modification with such time extension; and WEREAS, the Public Works Department supports such contract extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and Van Kirk Sand and Gravel, Inc. d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska to provide the requested time extension for Capital Avenue Drainage Improvements- North Road to Moores Creek; Project No. 2020-D-2. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 251 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-13 #2021-146 - Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District No. 287; 18th Street from Walnut Street to Wheeler Avenue This item relates to the aforementioned Public Hearing item E-6. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 252 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-146 WHEREAS, in the process of cleaning up sanitary sewer records within the Public Works Department it has been discovered that sanitary sewer easements in Sanitary Sewer District No. 287; 18th Street from Walnut Street to Wheeler Avenue were not acquired at the time of the public sanitary sewer main installation; and WHEREAS, this matter dates back to 1955; and WHEREAS, without the necessary easement the City does not have proper authority to maintain the existing public sanitary sewer main; and WHEREAS, the public utility easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. WHEREAS, acquisition of the public utility easements is as follows: Property Owner Legal Description Anh Huynh Nguyen THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #201608342 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 737 SQURE FEET; MORE OR LESS. Phillip R. Pickering and Margaret A. Pickering THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #202002516 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 840 SQUARE FEET, MORE OR LESS. Thomas Ziller and Angela J. Ziller THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #200102312 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 911 SQUARE FEET, MORE OR LESS. 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 such public utility easements from the listed property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 253 / 358 18TH S T R E E T WHEELER AVENUE 304 W 18TH ST LOT 11LOT 10LOT 9 LOT 11 312 W 18TH ST PUBLIC WORKS DEPARTMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT 304 WEST 18TH STREET, GRAND ISLAND, NEBRASKA N A PERMANENT SANITARY SEWER EASEMENT LOCATED IN PART OF LOT 10 & PART OF LOT 11, HOME SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #201608342 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 737 SQUARE FEET, MORE OR LESS. 12.00' NEWLY DEDICATED PERMANENT SANITARYSEWER EASEMENT TRACT OF LAND MOREPARTICULARLY DESCRIBED IN INSTRUMENT #201608342 LEGAL DESCRIPTION BUILDING ENVELOPE LOT LINE INSTRUMENT #201608342 BOUNDARY NEWLY DEDICATED PERMANENT SANITARY SEWER EASEMENT LEGEND Grand Island Council Session - 6/22/2021 Page 254 / 358 1.0 INCH PIPE 18TH S T R E E T 304 W 18TH ST LOT 11LOT 10LOT 9 LOT 11 312 W 18TH ST 324 W 18TH ST LOT 10 LOT 11 PUBLIC WORKS DEPARTMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT 312 WEST 18TH STREET, GRAND ISLAND, NEBRASKA N A PERMANENT SANITARY SEWER EASEMENT LOCATED IN PART OF LOT 11, HOME SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #202002516 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 840 SQUARE FEET, MORE OR LESS. 12.00' NEWLY DEDICATED PERMANENT SANITARYSEWER EASEMENT TRACT OF LAND MORE PARTICULARLY DESCRIBED ININSTRUMENT #202002516 LEGAL DESCRIPTION BUILDING ENVELOPE LOT LINE INSTRUMENT #202002516 BOUNDARY NEWLY DEDICATED PERMANENT SANITARY SEWER EASEMENT LEGEND Grand Island Council Session - 6/22/2021 Page 255 / 358 18TH S T R E E TWALNUT STEETLOT 9 312 W 18TH ST 324 W 18TH ST LOT 11 LOT 11 LOT 11LOT 12PUBLIC WORKS DEPARTMENT EXHIBIT A PERMANENT SANITARY SEWER EASEMENT 324 WEST 18TH STREET, GRAND ISLAND, NEBRASKA N BUILDING ENVELOPE LOT LINEA PERMANENT SANITARY SEWER EASEMENT LOCATED IN PART OF LOT 11, HOME SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : THE NORTHERN 12.00 FEET OF A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN INSTRUMENT #200102312 OF THE HALL COUNTY REGISTER OF DEEDS OFFICE LOCATED IN GRAND ISLAND, HALL COUNTY, NEBRASKA; EXCEPTING THEREFROM ANY AND ALL BUILDING STRUCTURES ERECTED PRIOR TO DATE HEREIN. SAID PERMANENT SANITARY SEWER EASEMENT CONTAINS APPROXIMATELY 911 SQUARE FEET, MORE OR LESS. 12.00' NEWLY DEDICATEDPERMANENT SANITARY SEWER EASEMENT INSTRUMENT #200102312 BOUNDARY NEWLY DEDICATED PERMANENT SANITARY SEWER EASEMENT LEGAL DESCRIPTION TRACT OF LAND MOREPARTICULARLY DESCRIBEDIN INSTRUMENT #200102312 LEGEND Grand Island Council Session - 6/22/2021 Page 256 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-14 #2021-147 - Approving Unified Planning Work Program (UPWP) for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2022 Fiscal Year Transportation Planning Program Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 257 / 358 Council Agenda Memo From:John Collins PE, Public Works Director Meeting:June 22, 2021 Subject:Approving Unified Planning Work Program (UPWP) for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2022 Fiscal Year Transportation Planning Program Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council and will be acted on when agreements are received from the Nebraska Department of Transportation. In March 2013 the City of Grand Island was designated as an urbanized area with a population over 50,000 which require the metropolitan area to establish a transportation planning process in accordance to Title 23 CFR 450 of the current federal transportation bill. As a requirement in this process, the Metropolitan Planning Organization (MPO) develops annually a Unified Planning Work Program (UPWP) describing the work activities and funding required by the Grand Island Area Metropolitan Planning Organization (GIAMPO) to carry-out these mandates. The total cost of the Eligible Planning Activities under the agreement is currently estimated to be $110,235.00, with the federal share estimated to be $88,188.00, and the MPO’s share estimated to be $22,047.00. Discussion The Grand Island Area Metropolitan Planning Organization (GIAMPO) has drawn up a Unified Planning Work Program with the City of Grand Island for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal approval and financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for fiscal year 2022 (July 1, 2021- June 30, 2022). The attached Exhibit “A” Grand Island Area Metropolitan Planning Organization (GIAMPO), Unified Planning Work Program describes the work to be carried out in accordance with 23 U.S.C. Section 134 of the Fixing America’s Surface Transportation Act (FAST Act), Transportation Bill and has been reviewed and approved by the GIAMPO Policy Board, Nebraska Department of Transportation, Federal Highway Administration, and Federal Transit Administration. Grand Island Council Session - 6/22/2021 Page 258 / 358 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 a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 6/22/2021 Page 259 / 358 Agreement No. UL2112 Funding Period? Fiscal year? July 1, 2021 through June 30, 2022 Agreement Amount $110,235 T-AGR-86a Revised 3-2-20 Page 1 of 20 PROGRAM AGREEMENT FEDERAL PLANNING FUNDS METROPOLITAN PLANNING ORGANIZATIONS GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION PROJECT NO. PLG-1 (59), STATE CONTROL NO. 01033G FY 2022 PLANNING (PL) AGREEMENT THIS AGREEMENT is between the Grand Island Area Metropolitan Planning Organization (GIAMPO) who is a Metropolitan Planning Organization ("MPO"), and the State of Nebraska, Department of Transportation ("State"), collectively referred to as “Parties”. WITNESSETH: WHEREAS, federal law requires that MPO establish and maintain a continuing, comprehensive transportation planning process in cooperation with state and local governments in urban areas of over 50,000 population, and WHEREAS, MPO has established and maintains a planning process that complies with federal law, and WHEREAS, there are Federal-aid Planning Funds (PL Funds or PL Funding) available to provide pro-rata reimbursement to MPO for its Eligible Planning Activities, and WHEREAS, MPO has been designated as the recipient agency for the Grand Island metropolitan area for PL Funds, and WHEREAS, Federal law provides that State will be a representative for the Federal Highway Administration (FHWA) in reviewing requests for reimbursement of MPO Eligible Planning Activities, and that reimbursements will be made through State, and WHEREAS, MPO has developed and submitted a Unified Planning Work Program document (“UPWP”) which is attached hereto as Exhibit “A”; it has been reviewed and approved by FHWA, and WHEREAS, this Agreement applies only to the part of MPO’s UPWP Eligible Planning Activities overseen by FHWA, and Grand Island Council Session - 6/22/2021 Page 260 / 358 UL Page 2 of 20 Agreement No. UL2112 WHEREAS, this Agreement governs the reimbursement of Eligible Planning Activities conducted between July 1, 2021, and June 30, 2022, and WHEREAS, for this Agreement, if a non-federal entity expends $750,000 or more in total federal awards in a fiscal year, must be addressed as explained further in this Agreement, and WHEREAS, the total cost reimbursable under this Agreement is currently estimated to be $110,235; the federal share is estimated to be $ 88,188, and MPO’s share is estimated to be $22,047, and WHEREAS, MPO’s UPWP has been approved and MPO desires to incur costs for eligible tasks and activities that will be reimbursed with PL Funds under the designation of Project No. PLG-1 (59), and has authorized the City of Grand Island’s Mayor to sign this Agreement, as evidenced by the Resolution of City Council, attached as Exhibit “B”. NOW THEREFORE, in consideration of these facts, MPO and State agree as follows: SECTION 1. DEFINITIONS WHEREVER in this Agreement the following terms are used, they mean the following: “CFDA” means Catalog of Federal Domestic Assistance. “CFR” means the Code of Federal Regulations. “ELIGIBLE PLANNING ACTIVITIES” means tasks or activities performed by MPO or its consultants, subconsultants, agents, or representatives which are eligible for reimbursement with PL Funds and that have been identified in MPO’s approved UPWP. “FHWA” means the Federal Highway Administration, United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. “MPO” means a Metropolitan Planning Organization qualified under federal law. “NEB. REV. STAT” means the Nebraska Revised Statutes as set forth in Nebraska law. “OMB” means the Federal Office of Management and Budget. “RESPONSIBLE CHARGE” or “RC” means the employee of MPO or of a city/county within MPO, or elected official of a city/county within MPO, who has been empowered by MPO to represent MPO on planning issues and has actual day-to-day working knowledge and responsibility for significant aspects of MPO’s planning program and process. The RC works regularly with planning issues and is MPO’s point-of-contact for planning activities. Responsible charge does not mean merely delegating the various tasks; it means active day-to-day Grand Island Council Session - 6/22/2021 Page 261 / 358 UL Page 3 of 20 Agreement No. UL2112 involvement in identifying options, working directly with stakeholders, making decisions, and actively monitoring the planning activities. It is understood that RC may delegate or contract certain technical tasks associated with the planning activities so long as RC actively manages and represents MPO’s interests in the delegated technical tasks. “UNIFIED PLANNING WORK PROGRAM (UPWP)” means a document of transportation planning activities performed within the metropolitan planning areas, or urbanized areas with populations of 50,000 or more. The UPWP describes planning activities to be completed, estimates the cost for the planning activities, and indicates the lead agency. Transportation activities to design and build transportation infrastructure are usually not included in the UPWP; however, all federally funded studies should be included in the UPWP. This Agreement applies only to the part of MPO’s UPWP related to highway, road, street or other planning activities overseen by FHWA. This Agreement does not apply to transit planning activities of MPO’s UPWP overseen by the Federal Transit Administration. State and MPO will enter into a separate agreement for reimbursement of transit planning activities. “STATE” means the Nebraska Department of Transportation in Lincoln, Nebraska, its Director, or authorized representative. State is a funding liaison between MPO and the United States. SECTION 2. DURATION OF THIS AGREEMENT (specific to PL agreements) 2.1 Effective Date – This Agreement is effective when executed by the Parties. 2.2 Expiration Date – This Agreement will expire when the last of the following events is completed: The expiration of the Initial Duration, the expiration of any Extension of the Initial Duration, and the waiver or completion of the project financial audit and cost settlement. 2.3 Initial Duration – The benefits and obligations of this Agreement, though binding when signed, are operative for activities beginning July 1, 2021, and ending June 30, 2022. 2.4 Extension of the Agreement - State may, in its sole discretion, extend the duration of this Agreement in writing, for an additional period of time up to, but not to exceed, one- half of the Initial Duration of the Agreement. State will notify MPO of the State’s exercise of its right to extend this Agreement approximately one month prior to the expiration of the Initial Duration of the Agreement. 2.5 Identifying Date – For convenience, this Agreement’s identifying date will be the date State signed the agreement. 2.6 Termination or suspension – State reserves the right to terminate or suspend this Agreement at any time for any of the reasons provided herein. Grand Island Council Session - 6/22/2021 Page 262 / 358 UL Page 4 of 20 Agreement No. UL2112 SECTION 3. PURPOSE OF AGREEMENT AND RESPONSIBILITIES OF THE PARTIES WHEREAS, MPO desires that MPO’s attached UPWP be developed under the designation of Project No. PLG-1 (59), and has authorized the City of Grand Island’s Mayor to sign this Agreement, as evidenced by the Resolution of City Council, attached as Exhibit “B”, and incorporated herein by this reference. 3.3 Purpose MPO wishes to be reimbursed with PL Funds for Eligible Planning Activities. MPO understands that FHWA will not provide funding directly to MPO; but will provide reimbursement by State with Federal funds for Eligible Planning Activities. State, pursuant to Neb. Rev. Stat. § 39-1305, will act under this Agreement as a steward of federal funds and as a liaison between MPO and FHWA. The purpose of this Agreement is to set forth the understanding of MPO and State concerning their respective duties to enable the planning activities to be eligible for federal-aid funding. Under this Agreement, MPO shall continue to have all duties concerning any aspect of the planning processes. Nothing in this Agreement shall be construed to create any duty of State to MPO concerning such matters. In the event that State or FHWA find that the planning activities are ineligible for PL Funding, MPO will repay State all previously paid federal funds, as determined by State, and any costs or expenses State has incurred under this Agreement. MPO further agrees that MPO shall have no claim or right of action against State under this Agreement if FHWA determines that planning activities are not eligible in whole or in part, for Federal-aid funding. The following sections of this Agreement include the eligibility requirements and other conditions State believes in good faith that MPO must meet for MPO to be reimbursed with PL Funding. MPO acknowledges that many conditions must be met by MPO in order to receive Federal-aid reimbursement. MPO agrees to develop its UPWP in an effort to meet all federal eligibility requirements so the planning activities may be determined eligible for PL Funding. 3.4 MPO RESPONSIBILITIES 3.4.1 MPO shall meet all federal transportation planning requirements and shall select and manage necessary committees and staff, and consult, collaborate and coordinate with State to accomplish the Eligible Planning Activities. 3.4.2 MPO shall select qualified personnel as needed to complete the Eligible Planning Activities, and oversee any consultants selected to perform such activities. MPO shall submit to State a listing of all qualified personnel that may be selected or Grand Island Council Session - 6/22/2021 Page 263 / 358 UL Page 5 of 20 Agreement No. UL2112 assigned to the work contemplated therein prior to submitting the first invoice to State. Said listing shall indicate each person’s job title or classification, qualifications, and salary range. MPO may make occasional temporary changes to qualified personnel. However, MPO shall submit an updated list to reflect permanent changes to qualified personnel. 3.4.3 MPO, when choosing to use a consultant to complete Eligible Planning Activities under this Agreement, shall follow all guidelines and requirements outlined in State’s LPA Guidelines Manual for Federal Aid Projects (“LPA Guidelines Manual”) in regard to the method of procurement, evaluation, selection, and contract types. The selected consultant must be certified to provide Transportation Planning Services by State. MPO shall be responsible to determine that the consultant is qualified to provide the expertise and experienced personnel to accomplish the required work product. Price cannot be a selection factor when hiring for professional engineering or architectural services. MPO shall follow any applicable requirements including, but not limited to, requirements defined in Chapter 4 of LPA Guidelines Manual. 3.4.4 MPO shall arrange for and conduct meetings and conferences to review working details and make presentations to the principals, participants and other interested groups and bodies as will best promote and effect cooperation, coordination and understanding in the UPWP. 3.4.5 MPO shall obtain written approval from State and FHWA when, after consultation with State, MPO determines that amendments to the UPWP are necessary. MPO shall obtain written concurrence from State when, after consultation with State, MPO determines that administrative modifications to the UPWP are necessary. 3.4.6 MPO shall only seek reimbursement for actual costs incurred for Eligible Planning Activities. The salaries and expenses of the Chair or members of GIAMPO’s Board will not be reimbursed as an Eligible Planning Activity. 3.4.7 MPO shall submit accurate and complete invoices in accordance with SECTION 8. FINANCIAL RESPONSIBILITY of this Agreement, and shall provide additional documentation when requested by State. MPO shall be solely responsible for all costs not reimbursed under this Agreement. 3.4.8 MPO shall keep signed time records detailing time spent on Eligible Planning Activities, including the date and hours worked. When requested by State, MPO shall submit time records to State. Grand Island Council Session - 6/22/2021 Page 264 / 358 UL Page 6 of 20 Agreement No. UL2112 3.4.9 MPO agrees that it is ultimately responsible for complying with all Federal and State requirements and policies applicable to Federal-aid planning activities. MPO understands that failure to meet any eligibility requirements for PL Funding may result in the loss of all PL Funds. In the event that the acts or omissions of the RC, MPO or its agents or representatives result in a finding that planning activities are ineligible for PL Funds, MPO will repay State all previously paid PL Funds, as determined by State, including but not limited to, any costs reimbursed for the time and expenses of the RC. 3.5 STATE RESPONSIBILITIES 3.5.1 Complete the duties assigned to State in this Agreement. 3.5.2 Determine and notify MPO of the estimate of PL Funding availability, including carry-over and annual allocation target. 3.5.3 Provide technical assistance to MPO regarding PL Funding eligibility issues, when requested by MPO. 3.5.4 Verify all invoices submitted by MPO are complete, accurate, and represent actual costs for Eligible Planning Activities. 3.5.5 Pay MPO the federal share of the actual costs of Eligible Planning Activities as reflected on an approved invoice. 3.5.6 Bill and collect from MPO any previously paid funds determined to be ineligible by FHWA. 3.6 PARTIES RESPONSIBILITY 3.6.1 Parties agree to cooperatively review and adjust, when necessary, the scope, schedules, funding, priorities, or staffing of MPO’s work to make sure the UPWP needs and goals are accomplished by MPO in accordance with the federal requirements for use of PL Funds. 3.6.2 Parties will supplement this Agreement to reflect any changes necessary to accomplish 3.6.1, with advance approval of the Federal Highway Administration. SECTION 4. RESPONSIBLE CHARGE (RC) REQUIREMENTS 4.1 MPO hereby designates Andres Gomez as the RC for the Eligible Planning Activities. 4.2 Duties and Assurances of MPO concerning its designated RC for the Eligible Planning Activities. 4.2.1 MPO understands the duties and responsibilities of MPO and RC as outlined in the LPA Guidelines Manual. Grand Island Council Session - 6/22/2021 Page 265 / 358 UL Page 7 of 20 Agreement No. UL2112 4.2.2 MPO has authorized and fully empowered the RC to be responsible for day-to- day Eligible Planning Activities; this requirement does not mean merely supervising, overseeing or delegating various tasks, it means active day-to-day involvement in the Eligible Planning Activities including identifying issues, investigating options, working directly with stakeholders, and decision making. 4.2.3 The RC is a full-time public employee or elected official of MPO, or a full-time employee of another entity as defined in “Public Employee” above. 4.2.4 MPO agrees to take all necessary actions and make its best good faith efforts to ensure the RC’s work meets the same standards that State must meet under federal law. 4.2.5 If, for whatever reason, the designated RC is no longer assigned to the Eligible Planning Activities, MPO shall, within one day or sooner if possible, notify verbally and in writing State’s Highway Planning Manager; after such notification MPO shall replace the RC no later than thirty (30) calendar days or sooner if possible. With advance written approval by State, MPO may use a Provisional RC in accordance with State’s Provisional RC Policy. SECTION 5. FEDERAL AID PROJECT REQUIREMENTS 5.1 MPO agrees to comply with all Federal-aid procedures and requirements applicable to this Agreement, including federal laws, and when applicable, state and local laws, and the LPA Guidelines Manual. 5.2 The Applicable Legal and Contract Requirements. 5.2.1 Title 23 U.S.C., and 23 CFR, – The primary provisions of law applicable to this Agreement are generally found in 23 U.S.C. Section 134; and 23 CFR Part 420, subpart A, and Part 450, subpart C. 5.2.2 LPA Guidelines Manual - MPO also agrees to comply with applicable provisions of the LPA Guidelines Manual for Federal Aid Projects, which is incorporated herein by this reference. The LPA Guidelines Manual is a document drafted in part, and formally approved, by FHWA as a document setting out requirements for LPA’s or MPO’s Eligible Planning Activities funded with PL Funds. A current version of the LPA Guidelines Manual can be found in its entirety at the following internet address: http://dot.nebraska.gov/media/6319/lpa-guidelines.pdf. In the event MPO believes that the LPA Guidelines Manual doesn’t clearly address a particular aspect of the planning activities work, MPO shall seek guidance or clarification from State’s Local Project Section Engineer or State’s Highway Grand Island Council Session - 6/22/2021 Page 266 / 358 UL Page 8 of 20 Agreement No. UL2112 Planning Manager, and shall make its best effort to comply with such guidelines or clarification. 5.3 Loss of Funding. In order for MPO to receive federal funds for any part of the Eligible Planning Activities under this Agreement, MPO shall perform the services for all aspects of the Eligible Planning Activities, according to federal procedures and requirements. Although federal funds may be allocated to the Eligible Planning Activities, all or certain such activities may become ineligible for federal funds, if federal procedures and requirements are not met. SECTION 6. SUSPENSION OR TERMINATION State may suspend or terminate this Agreement in the event federal funds are not available, for any reason, to make reimbursements under this Agreement. SECTION 7. FEDERAL AUDIT REQUIREMENT 7.1 The funding for the Eligible Planning Activities under this Agreement includes federal monies from the FHWA. According to the Single Audit Act Amendments of 1996 and the implementing regulations contained in 2 CFR, Subtitle A, Chapter 2, Part 200, Subpart F (hereinafter Part 200), the Part 200 Audit is required if the non-federal entity expends $750,000 or more in total federal awards in a fiscal year. Non-federal entity means state and local governments and non-profit organizations. 7.2 MPO shall comply with the Single Audit mandate as described in Section 7.1. Any federal funds for MPO Eligible Planning Activities paid directly to contractors or consultants by State, on behalf of MPO, will be reported on State’s schedule of expenditures of federal awards (SEFA) and need not be reported by MPO (as per FHWA’s February 16, 2012, letter and State’s February 24, 2012, letter). If a Part 200 audit is necessary, the expenditures related to the federal funds expended for the Eligible Planning Activities should be shown in the report’s Schedule of Expenditures of the Federal Awards (SEFA). 7.3 If necessary, the Federal award information needed for the SEFA includes: Federal Grantor: U.S. Department of Transportation – Federal Highway Administration Pass-Through Grantor: Nebraska Department of Transportation Program Title: Highway Planning and Construction (Federal-Aid Highway Program) CFDA Number: 20.205 Grand Island Council Session - 6/22/2021 Page 267 / 358 UL Page 9 of 20 Agreement No. UL2112 Project Number: PLG-1 (59) 7.4 If a Part 200 Audit is submitted by MPO, MPO shall notify the Nebraska Department of Transportation, Highway Audits Manager, at P.O. Box 94759, Lincoln, NE 68509-4759 when the audit reporting package and the data collection form have been submitted to the Federal Audit Clearinghouse (FAC) website. SECTION 8. FINANCIAL RESPONSIBILITY 8.1 TOTAL COSTS AND FUNDING COMMITMENTS The total cost of the Eligible Planning Activities is $110,235. The federal share $88,188 is the sum of the carryover PL Funds and PL Funds from the upcoming Fiscal Year. The amount of new and carryover PL Funds are estimated based on information available at the time of the agreement and are subject to change. The availability of the PL Funds is based on the continuation of existing funding levels. MPO has earmarked and has placed in its fiscal budget at least the amount of the local match. MPO’s share may include both in kind services and a local match. This Agreement may be supplemented if additional funding becomes available. 8.2 MPO’S FINANCIAL RESPONSIBILITY MPO understands that payment for the costs of the Eligible Planning Activities, are the sole responsibility of MPO when Federal participation is not allowable or available or if the planning activities are subsequently determined to be ineligible for Federal-aid funding. Therefore, when the Federal government refuses to participate in the costs of the planning activities, MPO is responsible for all costs with no reimbursement under this Agreement. 8.3 REIMBURSEMENT OF ACTUAL COSTS INCURRED BY MPO 8.3.1 MPO incurred costs of Eligible Planning Activities may be reimbursed with federal funds at actual costs if: a. MPO submits an UPWP budget and FHWA approves such budget b. State has obtained federal funds obligation c. Eligible Planning Activities performed prior to July 1, 2021, and after June 30, 2022, are ineligible for Federal-aid reimbursement d. MPO obtains the approval of State and of FHWA prior to the purchase of any specialized equipment over $5,000. Specialized equipment is equipment not ordinarily used or required in the regular administrative or planning operations of MPO. Such equipment must be required for and Grand Island Council Session - 6/22/2021 Page 268 / 358 UL Page 10 of 20 Agreement No. UL2112 used primarily for Eligible Planning Activities. The cost of this specialized equipment must be reasonable as determined by State or FHWA e. MPO agrees to certify that items of equipment included in direct costs have been excluded from the indirect costs f. MPO submits invoices no more frequently than monthly and no less often than quarterly and in accordance with this Agreement. MPO is responsible for submitting for reimbursement the total actual costs expended that are eligible for Federal-aid. State, on behalf of FHWA, will review the costs submitted and determine what costs are eligible for reimbursement. State will reimburse MPO for the Federal share of the eligible actual costs. MPO shall retain detailed cost records supporting all invoices for three (3) years after final cost settlement by FHWA and project closeout by the State. MPO shall submit those records to State upon request. g. All Invoices are submitted on or before August 29, 2022. 8.3.2 MPO is required to submit their reimbursement requests of actual costs incurred to State’s Highway Planning Manager. All reimbursement requests (invoice, progress report, required NDOT Forms, supporting material) must be submitted electronically through State’s invoice workflow system OnBase, for review, approval, and payment. The user guide for the OnBase system along with training videos can be found at http://dot.nebraska.gov/business- center/consultant/onbase-help/. The reimbursement request package must include the following: 1. Invoice: The invoice must include the following: a. MPO name and address b. Invoice number c. Invoice date d. Invoicing period (beginning date and ending dates of services) e. Agreement Number f. Project identification (Project Number, Control Number, and Project Location/Description) e. Contact person for questions about the invoice f. Breakdown of MPO’s expenses i. Direct Labor Costs (hours worked multiplied by the actual labor rate) ii. Labor Fringe Benefits and/or if appropriate Indirect (Overhead) Costs Grand Island Council Session - 6/22/2021 Page 269 / 358 UL Page 11 of 20 Agreement No. UL2112 iv. Direct Non-Labor Costs v. Subcontractors/subconsultant expenses g. Federal share and Local share to match the federal amount breakdown of expense. 2. Cost Breakdown Form: Each reimbursement request package must include a completed “Cost Breakdown Form” (NDOT Form 162) properly prepared, signed and dated. This form is available on the State’s website at http://dot.nebraska.gov/business-center/consultant/. 3. Progress Report: A Progress Report must accompany the reimbursement request and, in accordance with 23 CFR 420.117, must include the following: a. Comparison of actual performance with established goals b. Progress in meeting schedules c. Comparison of budgeted (approved) amounts and actual costs incurred. Cost overruns and underruns e. Approved planning program revisions, and f. Other pertinent supporting data 4. Breakdown of subcontractors/subconsultant expenses a. Must be noted as paid and signed by appropriate representative 8.3.3 It is understood that when utilizing PL Funds for travel expenses related to Eligible Planning Activities outside MPO area, MPO will submit detailed travel information to State either prior to the travel, or submitted with the PL billing statement. The reimbursement for meal and lodging rates shall be actual costs limited to the prevailing standard rate as indicated in the current website address for U.S. General Services Administration’s (GSA) rates which is indicated below: http://www.gsa.gov/portal/category/100120 8.3.4 State will perform an initial check to verify that all necessary documentation is accurate and complete. State will reimburse MPO for the Federal share of the actual costs of Eligible Planning Activities and will make a reasonable effort to pay MPO within thirty (30) days of State’s receipt of MPO’s reimbursement request. 8.3.5 The criteria contained in Part 31 of the Federal Acquisition Regulations System (48 CFR 31) will be applied to determine whether the costs incurred by MPO are allowable under this agreement, including any subcontractor/subconsultant agreements. Grand Island Council Session - 6/22/2021 Page 270 / 358 UL Page 12 of 20 Agreement No. UL2112 8.3.6 Oversight costs include: direct costs, such as compensation of MPO employees for their time devoted and related directly to the performance of the Eligible Planning Activities for which the federal-aid was approved; cost of materials consumed for the Eligible Planning Activities; and indirect costs, with an approved Indirect Cost Allocation Plan as outlined in the LPA Guidelines Manual. 8.4 AUDIT AND FINAL COST SETTLEMENT 8.4.1 The final settlement between State and MPO will be made after final funding review and approval by State and after an audit, if deemed necessary, has been performed to determine eligible actual costs. 8.4.2 If deemed necessary, an audit will be performed by State to determine whether the actual costs incurred for Eligible Planning Activities are eligible for reimbursement with federal funds. The Parties understand that the audit may require an adjustment of the reimbursement made under this Agreement. MPO agrees to reimburse State for any overpayments identified in the audit review, and State agrees to reimburse MPO for underpayments when appropriate. 8.4.3 If MPO’s calculated share is more than the amount of local funds previously paid to State, State will bill MPO for the difference. MPO agrees to pay the amount due State within thirty (30) days of receipt of invoice. 8.4.4 If MPO’s calculated share is less than the amount of local funds previously paid to State, State will reimburse MPO for the difference and will make a reasonable effort to pay MPO within thirty (30) days of the completion of the audit. SECTION 9. PROCUREMENT OF ENGINEERING AND DESIGN RELATED SERVICES MPO shall procure engineering design related services (as defined in 23 CFR 172.3) using the Qualifications Based Selection process set out in the LPA Guidelines Manual. SECTION 10. PROFESSIONAL PERFORMANCE It is understood by the Parties that MPO is solely responsible for all work product generated as part of the Eligible Planning Activities completed under this Agreement. Any review or examination by State, or acceptance or use of the work product of MPO or its consultant will not be considered to be a full and comprehensive review or examination and will not be considered an approval, for funding or for any other purpose, of the work product of MPO and its consultant which would relieve MPO from any expense or liability that would be connected with MPO’s sole responsibility for the propriety and integrity of the work product to be accomplished by MPO or its consultant. Grand Island Council Session - 6/22/2021 Page 271 / 358 UL Page 13 of 20 Agreement No. UL2112 SECTION 11. INDEMNITY MPO agrees to hold harmless, indemnify, and defend State and FHWA against all liability, loss, damage, or expense, including reasonable attorney’s fees and expert fees, that State or FHWA may suffer as a result of claims, demands, costs, or judgments arising out of MPO’s work and the terms of this Agreement. SECTION 12. CONFLICT OF INTEREST LAWS 12.1 MPO shall review the Conflict of Interest provisions of 23 CFR 1.33, 49 CFR 18.36(b)(3) and 2 CFR, and agrees to comply with all the Conflict of Interest provisions (including applicable State and local provisions) in order for the Eligible Planning Activities to remain fully eligible for State or Federal funding. MPO should review, understand and follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE DOCUMENT FOR LPA OFFICIALS, EMPLOYEES & AGENTS FOR LOCAL FEDERAL-AID TRANSPORTATION PROJECTS located on State’s website at the following location: http://dot.nebraska.gov/media/7349/coi-guidance-doc-lpa.pdf 12.2 MPO must also complete, sign and submit to State’s Highway Planning Manager, the NDOR CONFLICT OF INTEREST DISCLOSURE FORM FOR LPAS FOR LOCAL FEDERAL-AID TRANSPORTATION PROJECTS. This form is located on State’s website at the following location: http://dot.nebraska.gov/media/7323/coi-disclosure-doc- lpa.pdf 12.3 Consultants, subconsultants, agents, or representatives providing services for MPO’s, or submitting proposals for services, shall submit to MPO and State’s Highway Planning Manager a Conflict of Interest Disclosure Form for Consultants. Consultants, subconsultants, agents, or representative shall submit a revised form for any changes in circumstances, or discovery of any additional facts that could result in someone employed by, or who has an ownership, personal, or other interest with such entity or individual(s) having a real or potential conflict of interest on MPO federal-aid transportation planning activities. SECTION 13. DRUG FREE WORKPLACE MPO shall have an acceptable and current drug-free workplace policy on file with State. SECTION 14. RECORDS RESPONSIBILITY 14.1 MPO shall maintain all correspondence, files, books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office. These records shall be available at all reasonable times during the Grand Island Council Session - 6/22/2021 Page 272 / 358 UL Page 14 of 20 Agreement No. UL2112 contract period and for at least three years from the date of final cost settlement by FHWA and project closeout by the State. Such records must be available for inspection by State and the FHWA, Federal Transit Administration, or any authorized representatives of the Federal government, and MPO shall furnish copies to those mentioned in this section when requested to do so. 14.2 Papers, interim reports, forms or other materials which are a part of the work under contract will not be copyrighted without written approval of State and Federal Highway Administration. 14.3 Either party to the Agreement may initiate a request for publication of the final or interim reports, or any portions thereof. 14.4 Publication by either party shall give credit to the other party and to the Federal Highway Administration. However, if State or Federal Highway Administration does not wish to subscribe to the findings or conclusions of the Study the following statement shall be included on the credit sheet: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of State or Federal Highway Administration." 14.5 In the event of failure of agreement between State and MPO relative to the publication of any reports during the period of the contract, each party reserves the right to publish independently, in which event the nonoccurrence of the other party shall be set forth, if requested. 14.6 Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with participants in the Transportation Planning Program, small technical groups or lectures to employees or students. Lectures to other groups which describe the plans are permissible. 14.7 Neither party shall publish nor otherwise disclose, nor permit to be disclosed or published, the results of the investigation herein contemplated, during the period of the Agreement, without notifying the other party. 14.8 When the scheduled time for presentation of a paper does not permit formal review and approval of a complete report, a statement must be included in the paper and in the presentation of the effect that the paper had not been reviewed by the appropriate other party. SECTION 15. FAIR EMPLOYMENT PRACTICES If MPO performs any Eligible Planning Activities itself, MPO shall abide by the provisions of the Grand Island Council Session - 6/22/2021 Page 273 / 358 UL Page 15 of 20 Agreement No. UL2112 Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. § 48-1101 to 48-1126, and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in the SECTION 19. TITLE VI NONDISCRIMINATION CLAUSES of this Agreement. The reference to “Contractor” in this section also means “MPO”. SECTION 16. DISABILITIES ACT MPO agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this Agreement by reference. SECTION 17. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS PROVISIONS MPO agrees to comply with the requirements of Neb.Rev.Stat. § 4-108 to 4-114 with the Eligible Planning Activities, including, but not limited to, the requirements of § 4-114(2) to place in any contract it enters into with a public contractor a provision requiring the public contractor to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. SECTION 18. DISADVANTAGED BUSINESS ENTERPRISES (DBE) 18.1 Policy MPO shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal Funds under this Agreement. 18.2 Disadvantaged Business Enterprises (DBEs) Obligation MPO and State shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal Funds provided under this Agreement. In this regard, MPO shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. MPO shall not discriminate on the basis of race, color, sex, age, disability, or national origin in the award and performance of FHWA assisted contracts. SECTION 19. TITLE VI NONDISCRIMINATION CLAUSES During the performance of this Agreement, MPO, for itself, its assignees and successors in Grand Island Council Session - 6/22/2021 Page 274 / 358 UL Page 16 of 20 Agreement No. UL2112 interest agrees as follows: 19.1 Compliance with Regulations: MPO shall comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 19.2 Nondiscrimination: MPO, with regard to the work performed by it after award and prior to completion of the contract work, shall not discriminate on the basis of disability, race, color, sex, age, disability, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. MPO shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. 19.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by MPO for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by MPO of MPO's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. 19.4 Information and Reports: MPO shall provide all information and reports required by the federal regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by State or FHWA to be pertinent to ascertain compliance with such federal 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, MPO shall so certify to State, or FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 19.5 Sanctions for Noncompliance: In the event of MPO's noncompliance with the nondiscrimination provisions of this Agreement, State will impose such contract sanctions as it or FHWA may determine to be Grand Island Council Session - 6/22/2021 Page 275 / 358 UL Page 17 of 20 Agreement No. UL2112 appropriate, including but not limited to, (a) Withholding of payments to MPO under this Agreement until MPO complies, and/or (b) Cancellation, termination or suspension of this Agreement, in whole or in part. 19.6 Incorporation of Provisions: MPO shall include the provisions of sections 19.1 through 19.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. MPO shall take such action with respect to any subcontract or procurement as State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, MPO may request State to enter into such litigation to protect the interests of State, and in addition, MPO may request the United States to enter into such litigation to protect the interests of the United States. SECTION 20. ENTIRE AGREEMENT This Agreement embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than contained herein, and this Agreement supersedes all previous communications, representations, or other agreements or contracts, either oral or written hereto. SECTION 21. CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS 21.1 The undersigned certifies, to the best of his or her knowledge and belief, that: 21.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 21.1.2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, Grand Island Council Session - 6/22/2021 Page 276 / 358 UL Page 18 of 20 Agreement No. UL2112 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 21.1.3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, subgrants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 22. PAPERWORK REDUCTION ACT PUBLIC BURDEN STATEMENT A Federal agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a current valid OMB control number. The OMB Control No. for this information collection is 2105-0555. The information requested on this form is being collected and disseminated by the U.S. Department of Transportation, Office of the Secretary as a courtesy to the public. Public burden reporting for this collection of information is estimated to be 15 minutes per response, including time for reviewing instructions, and completing and reviewing the collection of information. All responses to this collection are mandatory. Send comments regarding the burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to: Information Collection Clearance Office, US Department of Transportation, Office so Small and Disadvantaged Business Utilization, Financial Assistance Division, 1200 New Jersey Ave., S.E., 5th Floor, W56-448, Washington, DC 20590. SECTION 23. PRIVACY ACT STATEMENT The Privacy Act requires that we provide you with the following information regarding our use of your Personally Identifiable Information. The information on this form is solicited under the authority of Title 49 U.S.C. 332(b)(3)(4)(5) which authorizes DOT OSDBU to assist Disadvantage Business Enterprises and Small and Disadvantaged Businesses in acquiring access to working capital and to debt financing, in order to obtain transportation related contracts funded by DOT. STLP loans are provided through lenders that serve as STLP Participating Lenders (PL). The PLs enter into a Cooperative Agreement with DOT’s OSDBU. Grand Island Council Session - 6/22/2021 Page 277 / 358 UL Page 19 of 20 Agreement No. UL2112 The STLP is subject to budgeting and accounting requirements of the Federal Credit Reform Act of 1990 (FCRA). The PL must carry out processes to activate, monitor, service and close out STLP loans. To fulfill the requirements of FCRA, the PL submits reports and the forms to OSDBU. Provisions of the requested information are voluntary; however it is a requirement of the Cooperative Agreement. Grand Island Council Session - 6/22/2021 Page 278 / 358 UL Page 20 of 20 Agreement No. UL2112 IN WITNESS WHEREOF, the Parties hereby execute this agreement pursuant to lawful authority as of the date signed by each party. EXECUTED by the MPO this _____ day of _______________________, 2021. WITNESS: MPO RaNae Edwards Roger G. Steele ___________________________________ ___________________________________ Grand Island City Clerk Mayor for City of Grand Island EXECUTED by the State this _____ day of ______________________, 2021. STATE OF NEBRASKA DEPARTMENT OF TRANSPORATION Ryan Huff, P.E. ___________________________________ Chief Strategy Officer Strategic Planning Division Grand Island Council Session - 6/22/2021 Page 279 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-147 WHEREAS, the Grand Island Area Metropolitan Planning Organization (GIAMPO) in cooperation with the Nebraska Department of Transportation has prepared a Unified Planning Work Program (UPWP) for the purpose of assisting the Local Planning Agency (LPA) in obtaining Federal approval and financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2022; and WHEREAS, the total cost of the Eligible Planning Activities under such agreement is currently estimated to be $110,235.00, with the federal share estimated at $88,188.00 and the MPO share estimated at $22,047.00 for Fiscal Year 2022, which begins July 1, 2021 and ends June 30, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Unified Planning Work Program (UPWP) for the Grand Island Metropolitan Planning Area for Fiscal Year 2022 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 280 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-15 #2021-148 - Approving Relocation Compensation to Construction Rental, Inc. in Connection with Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 281 / 358 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 22, 2021 Subject:Approving Relocation Compensation to Construction Rental, Inc. in Connection with Old Potash Highway Roadway Improvements; Project No. 2019-P-1 Presenter(s):John Collins PE, Public Works Director Background On October 8, 2019, via Resolution No. 2019-306, City Council approved the acquisition of 3505 W Old Potash Highway from Reece Construction Co., Inc., in the amount of $696,000.00, to allow for improvements along the Old Potash Highway corridor. The driveway that served 3505 W Old Potash Highway was too close to the intersection of Old Potash Highway and US Highway 281, with the proposed improvements not allowing for the driveway to remain and still provide a safe roadway. The business, Construction Rental, previously located at 3505 W Old Potash Highway has relocated to 3974 Westgate Road. Discussion The Construction Rental property at the corner of Old Potash and Highway 281 was acquired in December of 2019. At the time of the negotiation and purchase of the property, a relocation report was generated by Midwest ROW. Similar to an appraisal of the value of the property, this report outlines the cost of relocating the business due to the purchase of the property. Nebraska Department of Transportation has guidelines in this process and these guidelines were followed in generating this report. Relocation expenses were mentioned with the council action on purchasing the property. There was an extensive amount of personal property within the business location that was relocated from 3505 W Old Potash Highway to 3974 Westgate Road. Efforts were made to identify all items to be moved through the business relocation study. A replacement site had not been identified when the business relocation study was prepared and therefore estimates to move some items could not be anticipated. The business relocation study noted that additional costs would be incurred in order to move to the replacement property. This displaced business has submitted paid receipts for reimbursement for the following incurred expenses associated with their relocation. These expenses are qualified under the NDOT guidelines mentioned above. Grand Island Council Session - 6/22/2021 Page 282 / 358 Relocation Assistance Payment for actual reasonable moving and related expenses- Nonresidential moves- self move $75,912.00 Disconnecting and reinstalling equipment- Vice $5,152.35 Disconnecting and reinstalling equipment- Computer Equipment $1,791.30 Disconnecting and reinstalling equipment- Alarm Security System $7,795.45 Disconnecting and reinstalling equipment- Air Compressor System $2,525.00 Disconnecting and reinstalling equipment- Pressure Wash System $963.00 Utility Connections and modifications necessary to adapt the utilities at the replacement site- electricity connections for work benches $1,143.96 Professional services necessary- soils testing $6,000.00 Reletterings signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move $380.63 Relettering and purchase of substitute personal property- move and transport existing signs, purchase of signs, installation of signs and electrical connection of signs $16,123.40 Direct loss of tangible personal property and purchase of substitute personal property- jib crane $25,959.26 Purchase and connection of substitute personal property- oil/sand separator system, catch basin materials, installation of the oil/sand separator system $21,883.74 Searching expenses $2,500.0 Reestablishment expenses- purchase and installed an updated fuel tank system, concrete pad needed for the fuel tanks, 6” concrete paving to support heavy construction equipment traffic, required landscaping at replacement site $25,000.00 TOTAL $193,130.09 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 relocation expenses of Construction Rental, Inc. in the amount of $193,130.09. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/22/2021 Page 283 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-148 WHEREAS, On October 8, 2019, via Resolution No. 2019-306, City Council approved the acquisition of 3505 W Old Potash Highway from Reece Construction Co., Inc., in the amount of $696,000.00, to allow for improvements along the Old Potash Highway corridor; and WHEREAS, the driveway that served 3505 W Old Potash Highway was too close to the intersection of Old Potash Highway and US Highway 281, with the proposed improvements not allowing for the driveway to remain and still provide a safe roadway; and WHEREAS, the business, Construction Rental, previously located at 3505 W Old Potash Highway has relocated to 3974 Westgate Road; and WHEREAS, there was an extensive amount of personal property within the business location that was relocated from 3505 W Old Potash Highway to 3974 Westgate Road; and WHEREAS, Efforts were made to identify all items to be moved through the business relocation study; and WHEREAS, a replacement site had not been identified when the business relocation study was prepared and therefore estimates to move some items could not be anticipated; and WHEREAS, the business relocation study noted that additional costs would be incurred in order to move to the replacement property; and WHEREAS, this displaced business has submitted paid receipts for reimbursement for the following incurred expenses associated with their relocation Relocation Assistance Payment for actual reasonable moving and related expenses- Nonresidential moves- self move $75,912.00 Disconnecting and reinstalling equipment- Vice $5,152.35 Disconnecting and reinstalling equipment- Computer Equipment $1,791.30 Disconnecting and reinstalling equipment- Alarm Security System $7,795.45 Disconnecting and reinstalling equipment- Air Compressor System $2,525.00 Disconnecting and reinstalling equipment- Pressure Wash System $963.00 Utility Connections and modifications necessary to adapt the utilities at the replacement site- electricity connections for work benches $1,143.96 Professional services necessary- soils testing $6,000.00 Reletterings signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move $380.63 Relettering and purchase of substitute personal property- move and transport existing signs, purchase of signs, installation of signs and electrical connection of signs $16,123.40 Grand Island Council Session - 6/22/2021 Page 284 / 358 - 2 - Direct loss of tangible personal property and purchase of substitute personal property- jib crane $25,959.26 Purchase and connection of substitute personal property- oil/sand separator system, catch basin materials, installation of the oil/sand separator system $21,883.74 Searching expenses $2,500.0 Reestablishment expenses- purchase and installed an updated fuel tank system, concrete pad needed for the fuel tanks, 6” concrete paving to support heavy construction equipment traffic, required landscaping at replacement site $25,000.00 TOTAL $193,130.09 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the relocation expenses of Construction Rental, Inc. in the amount of $193,130.09 are hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 285 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-16 #2021-149 - Approving Temporary Construction Easements for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/22/2021 Page 286 / 358 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:June 22, 2021 Subject:Approving Temporary Construction Easements for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8 Presenter(s):John Collins PE, Public Works Director Background Public Works is taking a proactive approach in rehabilitating sanitary sewer throughout the City to avoid failures. This project will fix known pipe breaks on sewer mains in difficult to access locations. Temporary construction easements are needed to accommodate the rehabilitation of sanitary sewer at four (4) locations in the City, which must be approved by City Council. Discussion Temporary construction easements are needed for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8. The affected property owners have signed the necessary documents for the temporary construction easements, with no cost to the City. Property Owner Legal Description Daniel C Morse and Kassie L Morse A PARCEL OF LAND LOCATED IN LOT 4, BLOCK 1, SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE N89o26’05”W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 8.03 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION AND TO THE POINT OF BEGINNING; THENCE CONTINUING N89o26’05”W ON SAID NORTH LINE, A DISTANCE OF 27.56 FEET; THENCE S00o01’05”W, A DISTANCE OF 20.00 FEET; THENCE S89o26’05”E, PARALLEL WITH AND 20.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF 25.60 FEET TO SAID WEST LINE; THENCE Grand Island Council Session - 6/22/2021 Page 287 / 358 N05o36’53”E ON SAID WEST LINE, A DISTANCE OF 20.08 FEET TO THE PONT OF BEGINNING, CONTAINING 531 SQUARE FEET, MORE OR LESS. Amalia Ramirez Madueno THE EAST 20 FEET OF THE NORTH 27 FEET OF LOT 18, BLOCK 24, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 540 SQUARE FEET, MORE OR LESS. Nathan W Murdoch and Tiffany M Murdoch THE EAST 20 FEET OF THE WEST 28 FEET OF THE NORTH 50 FEET OF THE SOUTH 60 FEET OF LOT 21, BLOCK 4, REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 1000 SQUARE FEET, MORE OR LESS. Yolanda Alvarez THE EAST 20 FEET OF THE SOUTH 21 FEET OF LOT 16, BLOCK 24, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 420 SQUARE FEET, MORE OR LESS. Opal Eggers Nester THE WEST 20 FEET OF THE EAST 28 FEET OF THE NORTH 50 FEET OF THE SOUTH 60 FEET OF LOT 10, BLOCK 4, REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 1000 SQUARE FEET, MORE OR LESS. Randall L Rawlings and Jody S Rawlings A PARCEL OF LAND LOCATED IN LOT 2, BLOCK 1, SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEST CORNER OF SAID LOT 2; THENCE S00o16’31”E (ASSUMED BEARING) ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 84.00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION; THENCE S89o26’05”E ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE N00o16’31”W, PARALLEL WITH AND 25.00 FEET DISTANCE FROM SAID WEST LINE, A DISTANCE OF 10.00 FEET; THENCE N89o26’05”W, PARALLEL AND 10.00 FEET DISTANCE FROM SAID NORTH LINE, A DISTANCE OF 19.00 FEET; THENCE N00o16’31”W, PARALLEL WITH AND 6.00 FEET DISTANCE FROM SAID WEST LINE, A DISTANCE OF 74.00 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE N89o26’19”W ON SAID NORTH LINE, A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING, CONTAINING 649 SQUARE FEET, MORE OR LESS. 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 - 6/22/2021 Page 288 / 358 Recommendation City Administration recommends that the Council approve the Temporary Construction Easements between the City of Grand Island and the affected property owners for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 6/22/2021 Page 289 / 358 Grand IslandCouncil Session - 6/22/2021Page 290 / 358 50'20' 8' EXISTING UTILITY EASEMENT DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 1 11 2/8/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 30' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 28T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 3015APACHE ROADLOT 10 BLOCK 4 REPLAT OF RIVERSIDE ACRES TEMPORARY CONSTRUCTION EASEMENT (1000 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA EXISTING EASEMENT LINE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: THE WEST 20 FEET OF THE EAST 28 FEET OF THE NORTH 50 FEET OF THE SOUTH 60 FEET OF LOT 10, BLOCK 4, REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 1000 SQUARE FEET, MORE OR LESS. LOT 9 LOT 22 LOT 11 LOT 21 10' EXISTINGUTILITY EASEMENT10' EXISTINGUTILITY EASEMENT8' EXISTING UTILITY EASEMENT Grand Island Council Session - 6/22/2021 Page 291 / 358 APACHE ROADCOTTONWOOD ROADGRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC1.2PIPE REPAIR 22930 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM. 16'20'20'20'50'50'PIPE GROUNDWATERTO STREET ANDDIRECT FLOW SOUTH.PIPE BREAKTEMPORARY DEWATERINGWELL IF NECESSARYCITY MANHOLE 5560" PRECAST CONCRETE MANHOLE12.35 VF DEPTHSTA: 1+00RIM= 1855.21N. INV. IN= 1841.86 8" VCPW. INV. IN= 1836.90 30" RCPS. INV. IN= 1841.73 8" VCPE. INV. OUT= 1836.90 30" RCPCITY MANHOLE 55-348" PRECAST CONCRETE MANHOLE10.7 VF DEPTHSTA: 3+44RIM= 1853.43N. INV. IN= 1842.73 8" VCPS. INV. OUT= 1842.73 8" VCPKAHRHOFF/JAMES C & MARY ANN2509 APACHE RDNESTER/OPAL EGGERS2417 APACHE RDMURDOCH/NATHAN W & TIFFANY M2416 COTTONWOOD RDFLEBBE/SHAWN R & KELLY J2508 COTTONWOOD RDREMOVE ANDREPLACE SIDEWALKTYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT STAGECOACH ROADCONTRACTOR TOENTER/EXIT SITE FROMAPACHE RDCONTRACTOR TO COORDINATEFENCE REMOVAL FOR BYPASSPUMPING AS NECESSARY WITHPROPERTY OWNER. SEE NOTE 3TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)LEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEEXISTING UTILITYEASEMENTEXISTING UTILITYEASEMENTROAD WORK AHEAD(W20-1A-36)AT APACHE ROADAND GRAND AVENUE.ROAD WORK AHEAD(W20-1A-36)AT APACHE ROAD ANDSTAGECOACH ROADROAD WORK AHEAD(W20-1A-36)AT ROSEMONT AVENUEAND S AUGUST STREETE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 292 / 358 Grand IslandCouncil Session - 6/22/2021Page 293 / 358 20'50'8' EXISTING UTILITY EASEMENT DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 2 11 2/8/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 30' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 28T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 3015 COTTONWOOD ROADLOT 21 BLOCK 4 REPLAT OF RIVERSIDE ACRES TEMPORARY CONSTRUCTION EASEMENT (1000 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA EXISTING EASEMENT LINE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: THE EAST 20 FEET OF THE WEST 28 FEET OF THE NORTH 50 FEET OF THE SOUTH 60 FEET OF LOT 21, BLOCK 4, REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 1000 SQUARE FEET, MORE OR LESS. LOT 9 LOT 22 LOT 20 LOT 10 10' EXISTINGUTILITY EASEMENT10' EXISTINGUTILITY EASEMENT8' EXISTING UTILITY EASEMENT Grand Island Council Session - 6/22/2021 Page 294 / 358 APACHE ROADCOTTONWOOD ROADGRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC1.2PIPE REPAIR 22930 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM. 16'20'20'20'50'50'PIPE GROUNDWATERTO STREET ANDDIRECT FLOW SOUTH.PIPE BREAKTEMPORARY DEWATERINGWELL IF NECESSARYCITY MANHOLE 5560" PRECAST CONCRETE MANHOLE12.35 VF DEPTHSTA: 1+00RIM= 1855.21N. INV. IN= 1841.86 8" VCPW. INV. IN= 1836.90 30" RCPS. INV. IN= 1841.73 8" VCPE. INV. OUT= 1836.90 30" RCPCITY MANHOLE 55-348" PRECAST CONCRETE MANHOLE10.7 VF DEPTHSTA: 3+44RIM= 1853.43N. INV. IN= 1842.73 8" VCPS. INV. OUT= 1842.73 8" VCPKAHRHOFF/JAMES C & MARY ANN2509 APACHE RDNESTER/OPAL EGGERS2417 APACHE RDMURDOCH/NATHAN W & TIFFANY M2416 COTTONWOOD RDFLEBBE/SHAWN R & KELLY J2508 COTTONWOOD RDREMOVE ANDREPLACE SIDEWALKTYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT STAGECOACH ROADCONTRACTOR TOENTER/EXIT SITE FROMAPACHE RDCONTRACTOR TO COORDINATEFENCE REMOVAL FOR BYPASSPUMPING AS NECESSARY WITHPROPERTY OWNER. SEE NOTE 3TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)LEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEEXISTING UTILITYEASEMENTEXISTING UTILITYEASEMENTROAD WORK AHEAD(W20-1A-36)AT APACHE ROADAND GRAND AVENUE.ROAD WORK AHEAD(W20-1A-36)AT APACHE ROAD ANDSTAGECOACH ROADROAD WORK AHEAD(W20-1A-36)AT ROSEMONT AVENUEAND S AUGUST STREETE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 295 / 358 Grand IslandCouncil Session - 6/22/2021Page 296 / 358 S00°16'31"E (ASSUMED BEARING) 84.00'N89°26'05"W 30.41' N44°59'43"E 13.92' N44°40'41"W 6.42' N45°19'1 9"E 31.71'N4 4 ° 4 0 ' 4 1 "W 1 8 . 0 7 'N00°16'31"W 34.26'S89°34'06"E 15.00' POINT OF BEGINNING NE CORNER LOT 3 (TEMPORARY CONSTRUCTION EASEMENT) DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 3 11 2/8/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 20' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 28T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 2010BANTAM STREETLOT 3 BLOCK 1 SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION TEMPORARY CONSTRUCTION EASEMENT (1289 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA EXISTING EASEMENT LINE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 3, BLOCK 1, SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION IN THE CITY GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE S00°16'31"E (ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 3, A DISTANCE OF 84.00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION; THENCE N89°26'05"W ON SAID NORTH LINE, A DISTANCE OF 30.41 FEET; THENCE N44°59'43"E, A DISTANCE OF 13.92 FEET; THENCE N44°40'41"W, A DISTANCE OF 6.42 FEET; THENCE N45°19'19"E, A DISTANCE OF 31.71 FEET; THENCE N44°40'41"W, A DISTANCE OF 18.07 FEET; THENCE N00°16'31"W, PARALLEL WITH AND 15.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF 34.26 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE S89°34'06"E ON SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1289 SQUARE FEET, MORE OR LESS. LOT 2 16' EXISTINGUTILITY EASEMENTLOT 4 HOLCOMB STREET SE CORNER LOT 3 Grand Island Council Session - 6/22/2021 Page 297 / 358 BANTAM STREET CHANTICLEER STREETOHE GRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC2.2PIPE REPAIR 22083 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM. 16'16'PIPE BREAK36.69'39.78'PIPE GROUNDWATER TOSTORM SEWER INLETTEMPORARY DEWATERINGWELL IF NECESSARY20'CITY MANHOLE 42-1048" PRECAST CONCRETE MANHOLE11.48 VF DEPTHSTA:RIM= 1850.65S. INV. IN= 1839.17 8" VCPW. INV. IN= 1839.17 8" VCPN. INV. OUT= 1839.17 8" VCPCITY MANHOLE 42-10-148" PRECAST CONCRETE MANHOLE11.14 VF DEPTHSTA: 22+77RIM= 1850.75E. INV. IN= 1839.61 8" VCPS. INV. IN= 1839.61 8" VCPW. INV. OUT= 1839.61 8" VCPCITY MANHOLE 42-10-248" PRECAST CONCRETE MANHOLE10.11 VF DEPTHSTA: 20+00RIM= 1850.59S. INV. IN= 1840.48 8" VCPE. INV. OUT= 1840.48 8" VCPREAB/MARY J321 HOLCOMBMORSE/DANIEL C & KASSIE L2111 BANTAMRAWLINGS/RANDALL L & JODY S311 HOLCOMBBYPASS PUMPING HOSE/PIPE.CLOSE ROAD AS NECESSARYWHEN IN USE.REMOVE ANDREPLACE SIDEWALKEXISTINGELECTRICALSERVICECONTRACTOR TO COORDINATEFENCE REMOVAL FOR BYPASSPUMPING AS NECESSARY WITHPROPERTY OWNER. SEE NOTE 3TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT BRAHMA STREETTYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT BRAHMA STREETLEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEROAD WORK AHEAD(W20-1A-36)AT HOLCOMB STREETAND RIVERSIDE DRIVEROAD WORK AHEAD(W20-1A-36)AT BRAHMA STREET ANDWYANDOTTE STREETROAD WORK AHEAD(W20-1A-36)AT HOLCOMB STREETAND S LOCUST STREETE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 298 / 358 Grand IslandCouncil Session - 6/22/2021Page 299 / 358 S00°16'31"E (ASSUMED BEARING) 84.00'S89°26'05"E 25.00' N00°16'31"W 10.00' N89°26'05"W 19.00'N00°16'31"W 74.00'N89°26'19"W 6.00' POINT OF BEGINNING NW CORNER LOT 2 (TEMPORARY CONSTRUCTION EASEMENT) DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 4 11 2/8/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 20' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 28 T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 2010 CHANTICLEER STREETLOT 2 BLOCK 1 SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION TEMPORARY CONSTRUCTION EASEMENT (694 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA EXISTING EASEMENT LINE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 2, BLOCK 1, SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION IN THE CITY GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE S00°16'31"E (ASSUMED BEARING) ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 84.00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION; THENCE S89°26'05"E ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE N00°16'31"W, PARALLEL WITH AND 25.00 FEET DISTANT FROM SAID WEST LINE, A DISTANCE OF 10.00 FEET; THENCE N89°26'05"W, PARALLEL AND 10.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF 19.00 FEET; THENCE N00°16'31"W, PARALLEL WITH AND 6.00 FEET DISTANT FROM SAID WEST LINE, A DISTANCE OF 74.00 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE N89°26'19"W ON SAID NORTH LINE, A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING, CONTAINING 649 SQUARE FEET, MORE OR LESS. LOT 1 16' EXISTINGUTILITY EASEMENTLOT 18 HOLCOMB STREET SW CORNER LOT 2 LOT 3 LOT 4 Grand Island Council Session - 6/22/2021 Page 300 / 358 BANTAM STREET CHANTICLEER STREETOHE GRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC2.2PIPE REPAIR 22083 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM. 16'16'PIPE BREAK36.69'39.78'PIPE GROUNDWATER TOSTORM SEWER INLETTEMPORARY DEWATERINGWELL IF NECESSARY20'CITY MANHOLE 42-1048" PRECAST CONCRETE MANHOLE11.48 VF DEPTHSTA:RIM= 1850.65S. INV. IN= 1839.17 8" VCPW. INV. IN= 1839.17 8" VCPN. INV. OUT= 1839.17 8" VCPCITY MANHOLE 42-10-148" PRECAST CONCRETE MANHOLE11.14 VF DEPTHSTA: 22+77RIM= 1850.75E. INV. IN= 1839.61 8" VCPS. INV. IN= 1839.61 8" VCPW. INV. OUT= 1839.61 8" VCPCITY MANHOLE 42-10-248" PRECAST CONCRETE MANHOLE10.11 VF DEPTHSTA: 20+00RIM= 1850.59S. INV. IN= 1840.48 8" VCPE. INV. OUT= 1840.48 8" VCPREAB/MARY J321 HOLCOMBMORSE/DANIEL C & KASSIE L2111 BANTAMRAWLINGS/RANDALL L & JODY S311 HOLCOMBBYPASS PUMPING HOSE/PIPE.CLOSE ROAD AS NECESSARYWHEN IN USE.REMOVE ANDREPLACE SIDEWALKEXISTINGELECTRICALSERVICECONTRACTOR TO COORDINATEFENCE REMOVAL FOR BYPASSPUMPING AS NECESSARY WITHPROPERTY OWNER. SEE NOTE 3TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT BRAHMA STREETTYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT BRAHMA STREETLEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEROAD WORK AHEAD(W20-1A-36)AT HOLCOMB STREETAND RIVERSIDE DRIVEROAD WORK AHEAD(W20-1A-36)AT BRAHMA STREET ANDWYANDOTTE STREETROAD WORK AHEAD(W20-1A-36)AT HOLCOMB STREETAND S LOCUST STREETE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 301 / 358 Grand IslandCouncil Session - 6/22/2021Page 302 / 358 S00°01'05"W 20.00'S89°26'05"E 25.60'N05°36'53"E 20.08'N89°26'05"W 27.56' 8' EXISTING UTILITY EASEMEN T POINT OF BEGINNING (TEMPORARY CONSTRUCTION EASEMENT) DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 5 11 2/12/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 20' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 28T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 2010BANTAM STREETLOT 4 BLOCK 1 SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION TEMPORARY CONSTRUCTION EASEMENT (531 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA EXISTING EASEMENT LINE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 4, BLOCK 1, SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION IN THE CITY GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE N89°26'05"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 8.03 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB'S HIGHWAY HOMES SUBDIVISION AND TO THE POINT OF BEGINNING; THENCE CONTINUING N89°26'05"W ON SAID NORTH LINE, A DISTANCE OF 27.56 FEET; THENCE S00°01'05"W, A DISTANCE OF 20.00 FEET; THENCE S89°26'05"E, PARALLEL WITH AND 20.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF 25.60 FEET TO SAID WEST LINE; THENCE N05°36'53"E ON SAID WEST LINE, A DISTANCE OF 20.08 FEET TO THE POINT OF BEGINNING, CONTAINING 531 SQUARE FEET, MORE OR LESS. LOT 2 16' EXISTINGUTILITY EASEMENT8' EXISTING UTILITY EASEME N T SE CORNER LOT 4 N89°26'05"W (ASSUMED BEARING) 8.03' NE CORNER LOT 4 LOT 3 LOT 5 LOT 17 LOT 18 Grand Island Council Session - 6/22/2021 Page 303 / 358 BANTAM STREET CHANTICLEER STREETOHE GRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC2.2PIPE REPAIR 22083 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM. 16'16'PIPE BREAK36.69'39.78'PIPE GROUNDWATER TOSTORM SEWER INLETTEMPORARY DEWATERINGWELL IF NECESSARY20'CITY MANHOLE 42-1048" PRECAST CONCRETE MANHOLE11.48 VF DEPTHSTA:RIM= 1850.65S. INV. IN= 1839.17 8" VCPW. INV. IN= 1839.17 8" VCPN. INV. OUT= 1839.17 8" VCPCITY MANHOLE 42-10-148" PRECAST CONCRETE MANHOLE11.14 VF DEPTHSTA: 22+77RIM= 1850.75E. INV. IN= 1839.61 8" VCPS. INV. IN= 1839.61 8" VCPW. INV. OUT= 1839.61 8" VCPCITY MANHOLE 42-10-248" PRECAST CONCRETE MANHOLE10.11 VF DEPTHSTA: 20+00RIM= 1850.59S. INV. IN= 1840.48 8" VCPE. INV. OUT= 1840.48 8" VCPREAB/MARY J321 HOLCOMBMORSE/DANIEL C & KASSIE L2111 BANTAMRAWLINGS/RANDALL L & JODY S311 HOLCOMBBYPASS PUMPING HOSE/PIPE.CLOSE ROAD AS NECESSARYWHEN IN USE.REMOVE ANDREPLACE SIDEWALKEXISTINGELECTRICALSERVICECONTRACTOR TO COORDINATEFENCE REMOVAL FOR BYPASSPUMPING AS NECESSARY WITHPROPERTY OWNER. SEE NOTE 3TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT BRAHMA STREETTYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADEWITH R9-9(SIDEWALK CLOSED)TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADE WITH R11-4-60(ROAD CLOSED TO THROUGH TRAFFIC)INSTALL AT BRAHMA STREETLEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEROAD WORK AHEAD(W20-1A-36)AT HOLCOMB STREETAND RIVERSIDE DRIVEROAD WORK AHEAD(W20-1A-36)AT BRAHMA STREET ANDWYANDOTTE STREETROAD WORK AHEAD(W20-1A-36)AT HOLCOMB STREETAND S LOCUST STREETE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 304 / 358 Grand IslandCouncil Session - 6/22/2021Page 305 / 358 20'27'DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 6 11 2/8/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 20' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 8T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 2010GRAND ISLAND AVENUELOT 18 BLOCK 24 COLLEGE ADDITION TO WEST LAWN TEMPORARY CONSTRUCTION EASEMENT (540 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA LOT 16 NE CORNER LOT 18 COLLEGE STREET LOT 20 LOT 14 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: THE EAST 20 FEET OF THE NORTH 27 FEET OF LOT 18, BLOCK 24, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 540 SQUARE FEET, MORE OR LESS. Grand Island Council Session - 6/22/2021 Page 306 / 358 GRAND ISLAND AVENUEHUSTON AVENUECOLLEGE STREET GRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC3.2PIPE REPAIR 21049 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM.12'PIPE BREAK13'27'20'CITY MANHOLE 243-1048" BRICK MANHOLE12.61 VF DEPTHSTA: 30+00RIM= 1863.43N. INV. IN= 1851.72 8" VCPW. INV. IN= 1850.82 10" VCPS. INV. IN= 1854.14 8" VCPE. INV. OUT= 1850.82 10" VCPCITY MANHOLE 243-1148" BRICK MANHOLE10.6 VF DEPTHSTA: 33+51RIM= 1864.09N. INV. IN= 1853.45 8" VCPS. INV. OUT= 1853.45 8" VCPMADUENO/AMALIA RAMIREZ2103 GRAND ISLAND AVEKRAMER/WILLIAM A2111 GRAND ISLAND AVECHAVEZ/MACKIE A2104 N HUSTON AVEROSS/JAMES E2110 N HUSTON AVETYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)PIPE GROUNDWATER TOSTREET AND DIRECT FLOW EASTTEMPORARY DEWATERINGWELL IF NECESSARYLEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 307 / 358 Grand IslandCouncil Session - 6/22/2021Page 308 / 358 21'20' DATE SCALE DRAWN JOB NO. FIELD BOOK FIELD WORK SHEET TRACT NO. OF 7 11 2/12/2021 R201752 GRAND ISLAND #9 BS/AG 1" = 20' AG TEMPORARY CONSTRUCTION EASEMENT EXHIBIT MONUMENT FOUND MONUMENT SET CALCULATED POINT DEEDED DISTANCE GOVERNMENT DISTANCE MEASURED DISTANCE PLATTED DISTANCE RECORDED DISTANCE P R D G M LEGEND NOTE: ALL BEARINGS ARE ASSUMED. VICINITY SKETCH NW 1/4 NE 1/4 SE 1/4SW 1/4 NEBRASKA 8T11NHALL COUNTY R9W P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\6 Survey\Drawings\SV-201752 Easement.dwg, on 2/12/2021 12:16 PM. 800.723.8567 www.jeo.com Grand Island, NE 308.381.7428 GRAPHIC SCALE 0 2010GRAND ISLAND AVENUELOT 18 TEMPORARY CONSTRUCTION EASEMENT (420 SQ.FT.) TEMPORARY CONSTRUCTION EASEMENT AREA LOT 16 BLOCK 24 COLLEGE ADDITION TO WEST LAWN SE CORNER LOT 16 COLLEGE STREET LOT 20 LOT 14 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: THE EAST 20 FEET OF THE SOUTH 21 FEET OF LOT 16, BLOCK 24, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 420 SQUARE FEET, MORE OR LESS. Grand Island Council Session - 6/22/2021 Page 309 / 358 GRAND ISLAND AVENUEHUSTON AVENUECOLLEGE STREET GRAPHIC SCALE0UNIT OF MEASURE IS 204010FEETKnow what'sbelow.before you dig.CallR70 PERCENT REVIEWPLAN IN HANDREVISIONSFIELD BOOKSURVEY FILE NO.FIELD CREWDATE95 PERCENT REVIEWINITIALSDATEINITIALSDATEINITIALSFILE NAMEDATEPROJECT NO.DRAWN BYC3.2PIPE REPAIR 21049 - AERIAL GRAND ISLAND, NEBRASKA SANITARY SEWER REHABILITATION 2021 TAH3/18/2021Exhibits.dwg201752.00P:\Engineering\201752.00 - Grand Island 2021 CIP - Sanitary Sewer Rehabilitation at Various Locations\7 Design\2 Drawings\Exhibits.dwg, on 3/18/2021 12:45PM.12'PIPE BREAK13'27'20'CITY MANHOLE 243-1048" BRICK MANHOLE12.61 VF DEPTHSTA: 30+00RIM= 1863.43N. INV. IN= 1851.72 8" VCPW. INV. IN= 1850.82 10" VCPS. INV. IN= 1854.14 8" VCPE. INV. OUT= 1850.82 10" VCPCITY MANHOLE 243-1148" BRICK MANHOLE10.6 VF DEPTHSTA: 33+51RIM= 1864.09N. INV. IN= 1853.45 8" VCPS. INV. OUT= 1853.45 8" VCPMADUENO/AMALIA RAMIREZ2103 GRAND ISLAND AVEKRAMER/WILLIAM A2111 GRAND ISLAND AVECHAVEZ/MACKIE A2104 N HUSTON AVEROSS/JAMES E2110 N HUSTON AVETYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)TYPE III BARRICADEWITH R11-2-48(ROAD CLOSED)PIPE GROUNDWATER TOSTREET AND DIRECT FLOW EASTTEMPORARY DEWATERINGWELL IF NECESSARYLEGEND: TEMPORARY EASEMENT SANITARY SEWER WATER MAIN STORM SEWER DEWATERING PIPEE-14229DOANETYLER C.Grand IslandCouncil Session - 6/22/2021Page 310 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-149 WHEREAS, temporary construction easements are required by the City of Grand Island for Sanitary Sewer Rehabilitation- Various Locations; Project No. 2020-S-8, to perform rehabilitation of the infrastructure; and WHEREAS, acquisition of the temporary easements is as follows: Property Owner Legal Description Daniel C Morse and Kassie L Morse A PARCEL OF LAND LOCATED IN LOT 4, BLOCK 1, SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE N89o26’05”W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 8.03 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION AND TO THE POINT OF BEGINNING; THENCE CONTINUING N89o26’05”W ON SAID NORTH LINE, A DISTANCE OF 27.56 FEET; THENCE S00o01’05”W, A DISTANCE OF 20.00 FEET; THENCE S89o26’05”E, PARALLEL WITH AND 20.00 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF 25.60 FEET TO SAID WEST LINE; THENCE N05o36’53”E ON SAID WEST LINE, A DISTANCE OF 20.08 FEET TO THE PONT OF BEGINNING, CONTAINING 531 SQUARE FEET, MORE OR LESS. Amalia Ramirez Madueno THE EAST 20 FEET OF THE NORTH 27 FEET OF LOT 18, BLOCK 24, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 540 SQUARE FEET, MORE OR LESS. Nathan W Murdoch and Tiffany M Murdoch THE EAST 20 FEET OF THE WEST 28 FEET OF THE NORTH 50 FEET OF THE SOUTH 60 FEET OF LOT 21, BLOCK 4, REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 1000 SQUARE FEET, MORE OR LESS. Yolanda Alvarez THE EAST 20 FEET OF THE SOUTH 21 FEET OF LOT 16, BLOCK 24, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 420 SQUARE FEET, MORE OR LESS. Opal Eggers Nester THE WEST 20 FEET OF THE EAST 28 FEET OF THE NORTH 50 FEET OF THE SOUTH 60 FEET OF LOT 10, BLOCK 4, REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, CONTAINING 1000 SQUARE FEET, MORE OR LESS. Grand Island Council Session - 6/22/2021 Page 311 / 358 - 2 - Randall L Rawlings and Jody S Rawlings A PARCEL OF LAND LOCATED IN LOT 2, BLOCK 1, SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEST CORNER OF SAID LOT 2; THENCE S00o16’31”E (ASSUMED BEARING) ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 84.00 FEET TO THE NORTH LINE OF AN EXISTING UTILITY EASEMENT AS PLATTED IN SAID SECOND ADDITION TO HOLCOMB’S HIGHWAY HOMES SUBDIVISION; THENCE S89o26’05”E ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE N00o16’31”W, PARALLEL WITH AND 25.00 FEET DISTANCE FROM SAID WEST LINE, A DISTANCE OF 10.00 FEET; THENCE N89o26’05”W, PARALLEL AND 10.00 FEET DISTANCE FROM SAID NORTH LINE, A DISTANCE OF 19.00 FEET; THENCE N00o16’31”W, PARALLEL WITH AND 6.00 FEET DISTANCE FROM SAID WEST LINE, A DISTANCE OF 74.00 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE N89o26’19”W ON SAID NORTH LINE, A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING, CONTAINING 649 SQUARE FEET, MORE OR LESS. 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 such temporary easements from the listed property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 312 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-17 #2021-150 - Approving Acceptance of 2021 High Intensity Drug Trafficking Area (HIDTA) Grant Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 6/22/2021 Page 313 / 358 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:June 22, 2021 Subject:Approval of High Intensity Drug Trafficking Area (HIDTA) Grant Funding Presenter(s):Robert Falldorf, Police Chief Background The Police Department has been a member of the Central Nebraska Drug and Safe Streets Task Force for many years. The City acts as the fiscal agent for a portion of the funds used by the Task Force to include off site facility maintenance, vehicle leases and operational funds. The 2021 HIDTA award, 21HD06, is for $63,814.50 and does not require matching funds. Acceptance of the award will provide funding needed for the operations of the Task Force. Discussion The Grand Island Police Department has been a participating member of the regional High Intensity Drug Trafficking Area, HIDTA, Central Nebraska Drug and Safe Streets Task Force for many years. The Task Force serves a valuable role in the investigation and prosecution of drug offenders and violent criminals. The HIDTA designation provides Federal funding for the investigative operations of the Task Force. The City serves as the fiscal agent for part of the task force funding that supports the operation and maintenance of the off-site facility, vehicle and cell phone use, and operational funds that are used to buy drugs/weapons and pay informants. The 2021 HIDTA award to the Task Force is $63,814.50. Approval and acceptance of the funding will support the Task Force during a two-year period. The funding does not require a local match. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 6/22/2021 Page 314 / 358 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 acceptance of the 2021 HIDTA Grant award 21HD06 for $63,814.50 for the Central Nebraska Drug and Safe Streets Task Force. Sample Motion Move to approve acceptance of the 2021 HIDTA Grant award 21HD06 for $63,814.50 for the Central Nebraska Drug and Safe Streets Task Force. Grand Island Council Session - 6/22/2021 Page 315 / 358 Grand Island Council Session - 6/22/2021 Page 316 / 358 Grand Island Council Session - 6/22/2021 Page 317 / 358 Grand Island Council Session - 6/22/2021 Page 318 / 358 Grand Island Council Session - 6/22/2021 Page 319 / 358 Grand Island Council Session - 6/22/2021 Page 320 / 358 Grand Island Council Session - 6/22/2021 Page 321 / 358 Grand Island Council Session - 6/22/2021 Page 322 / 358 Grand Island Council Session - 6/22/2021 Page 323 / 358 Grand Island Council Session - 6/22/2021 Page 324 / 358 Grand Island Council Session - 6/22/2021 Page 325 / 358 Grand Island Council Session - 6/22/2021 Page 326 / 358 Grand Island Council Session - 6/22/2021 Page 327 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-150 WHEREAS, The Grand Island Police Department is a member of the Central Nebraska Drug and Safe Streets Task Force; and WHEREAS, The Task Force has been approved for $63,814.50 of High Intensity Drug Trafficking Area (HIDTA) funding for the operations of the Task Force; and WHEREAS, The Task Force serves an effective role in the investigation and apprehension of drug dealers and violent criminals, and WHEREAS, The City serves as the fiscal agent for the Task Force operational funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve award 21HD06 of $63,814.50 of Federal HIDTA funding for the operation of the Central Nebraska Drug and Safe Streets Task Force. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 328 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item G-18 #2021-151 - Approving Recruiting Firm for Search to Fill Assistant Public Works Director of Wastewater and Wastewater Plant Operations Engineer Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 6/22/2021 Page 329 / 358 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:June 22, 2021 Subject:Approving Recruiting Firm for Search to Fill Assistant Public Works Director of Wastewater and Wastewater Plant Operations Engineer Presenter(s):Aaron Schmid, Human Resources Director Background The Wastewater Treatment Plant has experienced challenges over the years in recruiting and retaining leadership positions. The treatment plant has been searching for an Operations Engineer since September of 2020. To date, only 12 applicants have applied and none of them have met the education and/or experience qualifications. The pay scale was increased in February of 2021, however, it has resulted in no new candidates. The Assistant Public Works Director of Wastewater position has experienced similar challenges. The current Assistant Director has been with us since December of 2017 and expects to retire in July of this year. This pay scale was also increased in February of 2021, however, it has resulted in no new candidates. As a next step to source candidates Administration has performed an RFP for an external recruiter. Discussion The Administration is seeking approval to utilize the services of ADK Consulting and Executive Search for the Wastewater positions. ADK is based in Jacksonville, FL. They provide expertise in the airport and public sector. ADK is experienced in the recruitment of engineering professionals. Their client list includes municipalities and airports across the US. ADK’s fee is $22,600 per search. Billing is done in 3 installments consisting of 40% immediately, 40% after 30 days of recruitment and 20% after contract completion. ADK offers a 5% discount for multiple searches. Grand Island Council Session - 6/22/2021 Page 330 / 358 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 proposal to utilize the services of ADK for the Wastewater vacancies. Sample Motion Move to approve the request to utilize ADK for the Wastewater vacancies. Grand Island Council Session - 6/22/2021 Page 331 / 358 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR RECRUITING FIRM FOR SEARCH TO FILL ASSISTANT PUBLIC WORKS DIRECTOR OF WASTEWATER AND WASTEWATER PLANT OPERATIONS ENGINEER RFP DUE DATE:June 10, 2021 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:May 8, 2021 NO. POTENTIAL BIDDERS:4 PROPOSALS RECEIVED Baker Tilly US, LLP ADK Consulting, Inc. St. Paul MN Atlantic Beach, FL cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Coordinator Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Aaron Schmid, HR Director P2284 Grand Island Council Session - 6/22/2021 Page 332 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-151 WHEREAS, the City of Grand Island requested proposals for a Recruiting Firm for search to fill the Assistant Public Works Director of Wastewater and Wastewater Plant Engineer positions; and WHEREAS, on June 10, 2021, proposals were received, opened and reviewed; and WHEREAS, ADK Consulting and Executive Search, of Omaha, Nebraska, submitted a proposal in accordance with the terms of the advertisement of request for proposal. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of ADK Consulting and Executive Search, in the amount of $22,600.00 per search and a 5% discount for multiple searches, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 333 / 358 PROFESSIONAL SERVICES AGREEMENT Services This Professional Services Agreement (), is made and entered on this _____ day of June 2021 between the City of Grand Island, NE (Client) and ADK Consulting, Inc. (ADK) to conduct two HR Assisted executive searches for a new Assistant Public Works Director of Wastewater and a Wastewater Plant Operations Engineer. Proposal for Executive Search Services (Exhibit A) dated June 10, 2021 (h that may be requested from time to time and agreed upon in writing signed by the Parties. Compensation Grand Island Council Session - 6/22/2021 Page 334 / 358 Contract Completion For purposes of this Agreement contract means a job offer has been communicated to and accepted by the selected finalist for the position, for each search. Insurance ADK hereby certifies that it possesses a Commercial Liability poli with The Hartford and a Professional Services Liability policy with the Philadelphia Insurance Companies. Upon request, ADK will provide evidence of insurance to Client. Principal Consultant ADK hereby designates Mr. Blake Astran, VP Business Operations, as your Principal Search Manager upon execution of this agreement. Blake shall have the authority to act on behalf of ADK. Client has the right to approve or not approve any proposed replacement of the Principal Search Manager. Mr. Doug Kuelpman, President / CFO will be the Client Manager for contractual or financial matters. Termination Both Parties retain the right to terminate this Agreement at any time. Upon termination notice, ADK will cease work and provide documentation of work completed to date of termination. ADK will be compensated for all activity (professional fees) that has been performed at the date of termination per the terms of this Agreement, on a pro-rata basis. Indemnification ADK shall indemnify and hold harmless Client and their respective officials, board members, employees, associates, and representatives from any and all liabilities, costs or damages (including reasonable attorney fees) that may arise from any action or inaction of employees, associates, and representatives in connection with the performance of the services outlined herein. Applicable Law and Venue This Agreement will be construed in accordance with the laws of the State of Nebraska. Venue for any action brought pursuant to this Agreement will be in Holt County, NE. Grand Island Council Session - 6/22/2021 Page 335 / 358 Notices Any and all notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, and addressed as follows: ADK Consulting, Inc. 100 E. First St. PO Box 330906 Grand Island, NE 68801 Atlantic Beach, FL 32233 Agreed: Signature:__________________________ Signature: __________________________ ________________________ Douglas R. Kuelpman, ________________________ President / CEO City of Grand Island ADK Consulting, Inc. Date:_______________ Date: __________________ 06/16/2021 Grand Island Council Session - 6/22/2021 Page 336 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item I-1 #2021-152 - Consideration of Approving Blighted and Substandard Designation for CRA Area #32, (Josh Rhoads with Horizon Builders) located west of North Road on either side of Old Potash Highway, Grand Island, Nebraska This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 6/22/2021 Page 337 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-152 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Josh Rhoads has caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 32; and WHEREAS, Marvin Planning Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, such study was presented to the Grand Island City Council on May 11, 2021, and WHEREAS, on May 11, 2021, the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its June 2, 2021 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on June 22, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 32 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 338 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item I-2 #2021-153 - Consideration of Approving the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/22/2021 Page 339 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-153 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5 requires a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on June 22, 2021; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 340 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item I-3 #2021-154 - Consideration of Approving Economic Development Incentive Agreement with GIX Logistics, Inc. Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/22/2021 Page 341 / 358 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:June 22, 2021 Subject:Approving Economic Development Incentive Agreement with GIX Logistics Inc. Presenter(s):Jerry Janulewicz, City Administrator 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., located at 308 West 3rd Street, Suite 3 for job creation, job training and infrastructure. On May 27, 2021, 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 June 3, 2021 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 $310,000.00. Proposed is the creation of 15 full-time equivalent (FTE) employees with an average hourly wage of $29.50. Requested is $310,000.00 for job creation, job training and infrastructure to be paid over three years. GIX Logistics, Inc. currently has 79 employees. This company is in the business of transportation, logistics, and distribution across the country. 75% of GIX’s customers are located outside the State of Nebraska, thus increasing interstate commerce in to the community. Grand Island Council Session - 6/22/2021 Page 342 / 358 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. Grand Island Council Session - 6/22/2021 Page 343 / 358 Grand Island Council Session - 6/22/2021 Page 344 / 358 Grand Island Council Session - 6/22/2021 Page 345 / 358 Grand Island Council Session - 6/22/2021 Page 346 / 358 Grand Island Council Session - 6/22/2021 Page 347 / 358 Grand Island Council Session - 6/22/2021 Page 348 / 358 Grand Island Council Session - 6/22/2021 Page 349 / 358 Grand Island Council Session - 6/22/2021 Page 350 / 358 Grand Island Council Session - 6/22/2021 Page 351 / 358 Grand Island Council Session - 6/22/2021 Page 352 / 358 Grand Island Council Session - 6/22/2021 Page 353 / 358 Grand Island Council Session - 6/22/2021 Page 354 / 358 Grand Island Council Session - 6/22/2021 Page 355 / 358 Grand Island Council Session - 6/22/2021 Page 356 / 358 Approved as to Form ¤ ___________ June 17, 2021 ¤ City Attorney R E S O L U T I O N 2021-154 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, job training and infrastructure in the amount of $310,000.00 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 May 27, 2021 and was approved on June 3, 2021 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 $310,000.00 in economic assistance to GIX Logistics, Inc. to be used for job creation, job training and infrastructure 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, June 22, 2021. _______________________________________ Roger G. Steele, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/22/2021 Page 357 / 358 City of Grand Island Tuesday, June 22, 2021 Council Session Item J-1 Approving Payment of Claims for the Period of June 9, 2021 through June 22, 2021 The Claims for the period of June 9, 2021 through June 22, 2021 for a total amount of $5,207,956.44. A MOTION is in order. Staff Contact: Patrick Brown, Finance Director Grand Island Council Session - 6/22/2021 Page 358 / 358