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09-13-2022 City Council Regular Meeting Packet City of Grand Island Tuesday, September 13, 2022 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 - 9/13/2022 Page 1 / 306 City of Grand Island Tuesday, September 13, 2022 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 Adam Snoberger, Trinity Lutheran Church, 212 West 12th Street 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 - 9/13/2022 Page 2 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item C-1 Presentation on Update of the Pinnacle Bank Sports Complex An update on the Pinnacle Bank Sports Complex will be presented to the Mayor and City Council. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/13/2022 Page 3 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item C-2 Presentation by the White Lotus Group on an Update of the Veterans Home Campus Representatives from the White Lotus Group will present an update on the former Veterans Home Campus. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/13/2022 Page 4 / 306 Grand Island Council Session - 9/13/2022 Page 5 / 306 Grand Island Council Session - 9/13/2022 Page 6 / 306 Grand Island Council Session - 9/13/2022 Page 7 / 306 Phase 1 –Anderson & Pershing •New affordable housing. •Targeted to older adult (55+ years) and older veterans and/or spouses. •48 units between the two buildings. •Mixture of 1 & 2 bedroom units Grand Island Council Session - 9/13/2022 Page 8 / 306 Anderson –1 Floor. 21,400 sqft Grand Island Council Session - 9/13/2022 Page 9 / 306 Pershing –3 Floors. 23,636 sqft Grand Island Council Session - 9/13/2022 Page 10 / 306 Phase 2 & Beyond -Goals •Employer partnered young professional & skilled labor housing. •Partner with local business leaders to bring in and retain talent in Grand Island. •Mortgage ready housing options. Grand Island Council Session - 9/13/2022 Page 11 / 306 Grand Island Council Session - 9/13/2022 Page 12 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item E-1 Public Hearing on Request from Kiko’s Cantina and Mexican Eats, LLC dba Kiko’s Cantina, 101 West 3rd Street for a Class "C" Liquor License Council action will take place under Consent item G-8. Staff Contact: RaNae Edwards Grand Island Council Session - 9/13/2022 Page 13 / 306 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 13, 2022 Subject:Public Hearing on Request from Kiko’s Cantina and Mexican Eats, LLC dba Kiko’s Cantina, 101 West 3rd Street for a Class "C" Liquor License and Liquor Manager Designation for Vanessa Garcia, 644 Meves Avenue, Grand Island, Nebraska Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Kiko’s Cantina and Mexican Eats, LLC dba Kiko’s Cantina, 101 West 3rd Street submitted an application for a Class "C" Liquor License. A Class “C” Liquor License allows for the sale of alcohol and distilled spirits on and off sale inside the corporate limits of the city. Grand Island Council Session - 9/13/2022 Page 14 / 306 City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Vanessa Garcia, 644 Meves Avenue, Grand Island, Nebraska. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Vanessa Garcia, 644 Meves Avenue, Grand Island, Nebraska. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Kiko’s Cantina and Mexican Eats, LLC dba Kiko’s Cantina, 101 West 3rd Street for a Class "C" Liquor License contingent upon final inspections and Liquor Manager designation for Vanessa Garcia, 644 Meves Avenue, Grand Island, Nebraska. Grand Island Council Session - 9/13/2022 Page 15 / 306 Liquor License Application:Class “C”: Kiko’s Cantina ! ! ! ! ! ! !! !! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ^_ HANSEN ST LOCUST ST SKO ENIG ST W CHARLES ST W E D D Y S T S E L M S T S Y U N D S TE D D Y S T N 1ST ST EWH E E L E R A V E S KIMBALL AVE S3RD ST EC L A R K S T S SYCAMORE ST SVIN E S T S C L E B U R N S T S UP W AYWA L N U T S T S OAK ST SC E D A R S T S 4TH ST ESO UTH FRONT ST EDIVISIO N ST ESO UTH FRONT ST W NORTH FR O NT ST E2N D ST E2ND ST W 1ST ST W3RD ST W 7TH ST E7TH ST W8TH ST W 5TH ST E6TH ST E6TH ST W 4TH ST W5TH ST W DIVISION ST W K I M B A L L A V E N W H E E L E R A V E N PIN E S T N VIN E S T N E L M S T N L O C U S T S T N C L E B U R N S T N O A K S T N P L U M S T N WA L N U T S T N C E D A R S T N S Y C A M O R E S T N COURT ST E CHARLES ST E KOENIG ST E ASHTON AVE EPINE ST SU P R R D R101 3RD ST W ¯ Legend ^_Addresses selection 2 !Licensed Locations Road Centerlines1 inch = 500 feet Grand Island Council Session - 9/13/2022 Page 16 / 306 09/08/22 Grand Island Police Department Officer Report for Incident L22081808 Nature:  Liquor Lic Inv Address:  101 3RD ST W Location:  PAOS Grand Island NE 68801 Offense Codes:   Received By:  Dvorak T How Received:  T Agency:  GIPD Responding Officers:  Dvorak T Responsible Officer:  Dvorak T Disposition:  CLO 09/08/22 When Reported:  15:11:02 08/23/22 Occurred Between:  15:11:02 08/23/22 and 15:11:02 08/23/22 Assigned To:   Detail:   Date Assigned:  **/**/** Status:   Status Date:  **/**/**Due Date:  **/**/** Complainant:    Last:    First:    Mid:    DOB:   **/**/**Dr Lic:    Address:    Race:    Sex:    Phone:    City:   , Offense Codes Reported:    Observed:    Circumstances LT21 LT21 Restaurant Responding Officers:   Unit :   Dvorak T 309 Responsible Officer:   Dvorak T Agency:   GIPD Received By:   Dvorak T Last Radio Log:   **:**:** **/**/** How Received:   T Telephone Clearance:   CL CL Case Closed When Reported:   15:11:02 08/23/22 Disposition:   CLO Date:   09/08/22 Judicial Status:    Occurred between:   15:11:02 08/23/22 Misc Entry:    and:   15:11:02 08/23/22 Modus Operandi:   Description :   Method :   Involvements Date Type Description 08/30/22 Law Incident Liquor Lic Inv L16032600 related Grand Island Council Session - 9/13/2022 Page 17 / 306 Officer Report for Incident L22081808 Page 2 of 6 09/08/22 08/30/22 Law Incident Liquor Lic Inv L18100742 related 08/23/22 Name Garcia, Maria Dejesus involved 08/23/22 Name Garcia, Francisco J Jr proposed manager 08/23/22 Name Garcia, Vanessa involved Grand Island Council Session - 9/13/2022 Page 18 / 306 Officer Report for Incident L22081808 Page 3 of 6 09/08/22 Narrative 309 Liquor License Investigation Grand Island Police Department Kiko's Cantina and Mexican Eats LLC has applied for a Class C Liquor License; Beer Wine Distilled Spirits on and off sale, for a new business named Kiko's Cantina. The Garcia family owns the building, and the new LLC. Francisco Garcia applied as Liquor Manager for the new business. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Grand Island Council Session - 9/13/2022 Page 19 / 306 Officer Report for Incident L22081808 Page 4 of 6 09/08/22 Supplement 309 Kiko's Cantina License Application Grand Island Police Department Supplemental Report Date, Time:8-28-22 Reporting Officer:Sgt Dvorak #309 Unit #:CID The Garcia family, via Kiko's Cantina and Mexican Eats LLC, has applied for a new Class C Liquor license; beer, wine and distilled spirits on and off sale, for their new venture at 101 W 3rd; Kiko's Cantina. Maria, Francisco Jr and Vanessa Garcia are listed each as 1/3 owners of the LLC. I am familiar with the Garcia family, and their property ownership on the south side of 3rd Street. Azteca Market has been a successful market and restaraunt, and the Brickhouse,Level Up Arcade, and Azteca reception hall are all currently in operation. Because Azteca Market and Brickhouse both are current liquor license holders, I conferred with Lt Vitera about his investigations into those establishments. I also requested, and attached, a density map for the entire downtown area, because I questioned why the Garcia's need a third liquor license for three separate entities in the same building. Vitera advised that he has never recommended approval of the previous liquor licenses, but has not recommended denial either. The Grand Island Police Department will remain neutral on this application as well. Vitera explained several of the issues that he addressed in L16032600 and L18100742, which I have added as related to this report. I would also like to note that I received correspondence from City Building Department and City Fire Department personnel that no final inspections of the remodel to Kiko's Cantina have been performed/passed, so any recommendation on my part would have to be qualified as "pending final inspections" from those entities. Because Lt Vitera completed extensive background checks in 2016 and 2018, and because the Garcia family already has three valid liquor licenses for their businesses, I only checked the period from September 2018 until present day when completing my background checks. I did find that Azteca Market was cited for Selling Alcohol to a Minor in December 2021. They were assessed, and paid, a fine $1211.23 by the Commission. I first noted that there were no active arrest warrants for any of the LLC owners. I utilized our local database, State NCJIS files, and a paid law enforcement only site that typically discloses personal information and matters of a civil nature such as bankruptcies, judgements and leins. Francisco Jr received a citation in 2018 for defective equipment. Vanessa was ticketed in 2018 for careless driving. Both of these were disclosed in the application process. Maria has no listed violations. The law enforcement only database revealed no historical or current bankruptcies, leins or judgements against any of the LLC shareholders. No disqualifying information was noted for any of the applicants. I noted in Spillman files that officers have responded to disturbances, fights, assaults, sex offenses, or damage to property calls at the Brickhouse more than 50 times since the establishment was granted a liquor license in 2016. I left messages for Francisco Jr in an effort to meet with him and/or his Grand Island Council Session - 9/13/2022 Page 20 / 306 Officer Report for Incident L22081808 Page 5 of 6 09/08/22 mother. I responded to Azteca Market on 8-29. Neither Francisco Jr nor Maria were present at the store. Francisco Sr was working, and he used his cell phone to call Maria and let me speak to her. Maria said she believes she currently holds the three active liquor licenses, not Francisco Jr. She said Francisco Jr will be the manager for Kiko's Cantina. Maria advised that Francisco Jr was currently in Las Vegas, and would not return util Thursday evening. I asked Maria why they applied for a Class C license for the new restaurant. Maria explained that they were not offering carry out beer or liquor sales, but were told by the Commission or their lawyer that they had to apply for a Class C license since they intend to have an al fresco dining area on the sidewalk to the east side of the building. I contacted Shannon from the Liquor Commission. She confirmed that Maria is the license holder for a Class I license at Level Up #122716; a Class I license for Brickhouse #119813; and Class D license at Azteca Market #122717. Grand Island Council Session - 9/13/2022 Page 21 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item E-2 Public Hearing on Acquisition of Public Utility Easements in Grand Island Mall Eighteenth Subdivision- North of State Street; East of US Highway 281 Council action will take place under Consent item G-16. Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 22 / 306 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:September 13, 2022 Subject:Public Hearing on Acquisition of Public Utility Easements in Grand Island Mall Eighteenth Subdivision- North of State Street; East of US Highway 281 Presenter(s):Keith Kurz PE, Interim Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public utility easements are needed to accommodate public utilities for development in the area of State Street and US Highway 281. A sketch is attached to show the easement areas. Discussion To allow for further development of the Grand Island Mall Eighteenth Subdivision it is requested that the City of Grand Island acquire public utility easements, according to the attached sketches. There will be no cost of such easements to the City. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/13/2022 Page 23 / 306 Recommendation City Administration recommends that the Council approve the public utility easements. Sample Motion Move to approve the public utility easements. Grand Island Council Session - 9/13/2022 Page 24 / 306 S89°06'36"W 35.00'(M) N88°50'11"E 35.00'(M) N00°53'24"W 19.97'(M) S00°53'24"E 20.13'(M) 014-2360PROJECT NO: DRAWN BY: 05/26/2022DATE: TRE EXHIBIT UTILITY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/13/2022 Page 25 / 306 N00°53'24"W 205.00'(M)S00°53'24"E 205.00'(M)N88°50'11"E 35.00'(M) S88°50'11"W 35.00'(M) 014-2360PROJECT NO: DRAWN BY: 05/26/2022DATE: TRE EXHIBIT UTILITY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/13/2022 Page 26 / 306 N00°53'24"W 146.37'(M)N88°50'11"E 35.00'(M) S88°50'11"W 35.00'(M)S00°53'24"E 146.37'(M)014-2360PROJECT NO: DRAWN BY: 05/26/2022DATE: TRE EXHIBIT UTILITY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/13/2022 Page 27 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item E-3 Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Staab Brothers Partnership- 1810 N Diers Avenue) Council action will take place under Consent item G-18. Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 28 / 306 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:September 13, 2022 Subject:Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Staab Brothers Partnership- 1810 N Diers Avenue) Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Claud Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. These Diers Avenue improvements are the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project would involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public right-of-way is needed to accommodate one of the connections from Diers Avenue to the new Claude Road section. The property owner has signed the necessary documents to grant the property, as shown on the attached drawing. Grand Island Council Session - 9/13/2022 Page 29 / 306 Engineering staff of the Public Works Department negotiated with the property owner for such purchase. Property Owner Legal Description Amount Staab Brothers Partnership A TRACT OF LAND CONSISTING OF PART OF A PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT NO. 93- 108517, BEING LOT 3 AND THE NORTH 140 FEET OF LOT 4 OF TOUKAN SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN INSTRUMENT NO. 93-108517, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF DIERS AVENUE AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89o28’55”W ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 344.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N00o35’21”W ALONG THE WEST LINE OF SAID PARCEL A DISTANCE OF 68.63 FEET; THENCE ALONG A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 285.00 FEET, A DELTA ANGLE OF 05o37’03”, AN ARC LENGTH OF 27.94 FEET AND A CHORD BEARING N86o40’23”E FOR A DISTANCE OF 27.93 FEET; THENCE N89o28’55”E ALONG A LINE BEING 70.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 196.13 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 215.00 FEET, A DELTA ANGLE OF 12o53’24”, AN ARC LENGTH OF 48.37 FEET AND A CHORD BEARING N83o02’13”E FOR A DISTANCE OF 48.27 FEET; THENCE N76o35’31”E A DISTANCE OF 8.27 FEET; THENCE N46o35’31”E A DISTANCE OF 21.08 FEET TO A POINT ON THE WEST R.O.W. LINE OF DIERS AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A COUTNER CLOCKWISE DIRECTION HAVING A RADIUS OF 280.00 FEET, A DELTA ANGLE OF 09o26’41”, AN ARC LENGTH OF 46.16 FEET AND A CHORD BEARING S25o47’28”E FOR A DISTANCE OF 46.10 FEET; THENCE CONTINUING ALONG SAID WEST R.O.W. LINE S30o49’40”E A DISTANCE OF 57.82 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 23,122 SQURE FEET MORE OR LESS. $234,460.00 Total= $234,460.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/13/2022 Page 30 / 306 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisitions of the public right-of-way from the affected property owner, in the total amount of $234,460.00. Sample Motion Move to approve the acquisitions. Grand Island Council Session - 9/13/2022 Page 31 / 306 Grand Island Council Session - 9/13/2022 Page 32 / 306 Grand Island Council Session - 9/13/2022 Page 33 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-1 Approving Minutes of August 30, 2022 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/13/2022 Page 34 / 306 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 30, 2022 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 30, 2022. Notice of the meeting was given in The Grand Island Independent on August 24, 2022. 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, Interim City Attorney Stacy Nonhof, Finance Director Patrick Brown, and Public Works Street Superintendent Shannon Callahan. The PLEDGE OF ALLEGIANCE was said. PUBLIC HEARINGS: Public Hearing on FY 2022-2023 Annual Single City Budget and the Annual Appropriations Bill. Finance Director Patrick Brown reported that the following was a comparison of the fiscal year 2023 proposed budget to the FY2022 adopted budget: The FY2023 budget appropriation is 8.8% or $20,435,226 higher than the FY2022 adopted budget. The difference is mainly due to increase costs from inflation, delayed capital purchases from FY2022 (supply chain issues), and appropriation of American Rescue Plan funds of $4,546,940 for potential project(s). All Funds Revenue projections for FY2023 increased 8.3% or $16,200,412 over FY2022 budget. Overall the City’s property tax valuation increased 5%. The City is requesting to increase its tax ask for Property Tax by 4% of which the City keeps 3% and the County gets an administration fee of 1%. Community Redevelopment Authority is requesting the same tax ask as FY2022 ($745,146) and an additional 1% fee for Hall County’s administration fee. The City’s mill levy will decrease for the fourth straight year from 0.323600 to 0.319454. Total Sales Tax revenue is forecasted at $24,085,936 for FY2023. It is a 10.4% or $2,275,300 increase over FY2022 budget. The increase was due to the sustained increase in sales tax collections in the last year and quarter. All other revenue sources in the General Fund account for $2,766,770 increase over FY2022 budget. A large portion of the increase is due to the rebalancing of revenues and costs between the General Fund and Enterprise Funds. Transfers decreased in the FY2023 by $7,057,176 due to American Rescue Plan funds not being transferred (they have been including in budget authority to spend) and not transferring funds to Solid Waste for financing the improvements at the Transfer Station. Grand Island Council Session - 9/13/2022 Page 35 / 306 Page 2, City Council Special Meeting, August 30, 2022 Costs have increased for the Transfer Station project therefore it will be forwarded to Council for approval along with proposed funding. Reviewed were the additional FTE’s and reclassifications along with Capital Improvement Projects. Staff recommended approval Mary Berlie, 123 No. Locust Street gave a presentation and supported the Downtown Festoon Lighting funding. Jay Vavricek, 2729 Brentwood Blvd. spoke in support of the Festoon Lighting. No further public testimony was heard. Public Hearing on FY 2022-2023 General Property and Community Redevelopment Authority (CRA) Tax Request. Finance Director Patrick Brown reported that the 2022 Valuations for the City of Grand Island increased over the 2021 valuation by $194,988,808 or 5%. If the City applied the FY2021-2022 mill levy of 0.3441 to the new valuation of $3,821,381,633, the City’s Property Tax revenue would be $13,149,374, a tax increase of $669,594 over the prior year. The City and Community Redevelopment Authority tax ask for FY2023 was $12,960,137. If the City and CRA applied the FY2021-2022 Property Tax Ask to the new valuation there would be no tax increase and the mill levy would decrease to 0.3266 for the City and CRA. Staff recommended approval. Jay Vavricek, 2729 Brentwood Blvd spoke in support of increasing the CRA budget. No further public testimony was heard. Public Hearing on FY 2022-2023 Annual Budget for Parking District #2 (Ramp) Tax Request. Finance Director Patrick Brown reported that the 2022 Valuations for the Downtown Improvement District #2 (Ramp) increased over the 2021 valuation by $9,762,744 or 17%. The Downtown Improvement District #2 (Ramp) was not requesting an increase in Property Tax thereby reducing the mill levy from 0.01409 to 0.01204. The Downtown Improvement District #2 (Ramp) Property Tax revenue request was $8,080. Staff recommended approval. No public testimony was heard. ADJOURNMENT: The meeting was adjourned at 7:33 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/13/2022 Page 36 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-2 Approving Minutes of August 30, 2022 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/13/2022 Page 37 / 306 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 30, 2022 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 30, 2022. Notice of the meeting was given in The Grand Island Independent on August 24, 2022. Mayor Roger G. Steele called the meeting to order at 7:33 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 Street Superintendent Shannon Callahan. BOARD OF EQUALIZATION: Motion by Minton, second by Nickerson to adjourn to the Board of Equalization. Upon roll call vote, all voted aye. Motion adopted. #2022-BE-1 - Consideration of Determining Benefits for Railside Business Improvement District. Finance Director Patrick Brown reported that the 2022-2023 Budget provided for special assessments on land and real property in the District as of January 1, 2022 in the amount of $0.2625461 per $100 of real property. The total taxable value of $51,349,093 provides for assessments of $133,842.76. Staff recommended approval. Amos Anson, 4243 Arizona Avenue answered questions regarding the Festoon Lighting. Motion by Guzinski, second by Stelk to approve Resolution #2022-BE-1. Upon roll call vote, all voted aye. Motion adopted. #2022-BE-2 - Consideration of Determining Benefits for Fonner Park Business Improvement District. Finance Director Patrick Brown reported that the budgeted assessments for Fonner Park Business Improvement District of $53,202 would be charged to property owners in the district based on their front footage. Staff recommended approval. Motion by Paulick, second by Mendoza to approve Resolution #2022-BE-2. Upon roll call vote, all voted aye. Motion adopted. #2022-BE-3 - Consideration of Determining Benefits for South Locust Business Improvement District. Finance Director Patrick Brown reported that the budgeted assessments for South Locust Business Improvement District of $104,616.97 would be charged to property owners in the district based on their front footage. Staff recommended approval. Motion by Stelk, second by Conley to approve Resolution #2022-BE-3. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/13/2022 Page 38 / 306 Page 2, City Council Regular Meeting, August 30, 2022 #2022-BE-4 - Consideration of Determining Benefits for Vehicle Off-Street Parking District #3. Finance Director Patrick Brown reported that the budgeted assessments for Vehicle Off-Street Parking District #3 of $71,849.59 or $0.0441/square foot would be charged to property owners in the district based on the entire square footage of their buildings. Staff recommended approval. Elaine Rivera, 123 E. South Front Street asked that her parking assessment be waived as they had no parking in and around the building which was being used as a church. Assistant Finance Director Brian Schultz explained how the assessments were calculated. Motion by Minton, second by Guzinski to approve Resolution #2022-BE-4. Motion by Haase, second by Nickerson to amend the motion and give a 50% deduction to parcel #40004119 and #40004127. Upon roll call vote, Councilmembers Haase, Nickerson, Conley, Scott, and Paulick voted aye. Councilmembers Mendoza, Guzinski, Minton, Stelk, and Fitzke voted no. Mayor Steele voted no. Motion failed. Upon roll call vote on the main motion, Councilmembers Haase, Nickerson, Mendoza, Guzinski, Minton, Stelk, Fitzke, Scott, and Paulick voted aye. Councilmember Conley voted no. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Guzinski to return to Regular Session. Motion adopted. 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: #9894 - Consideration of Amending Grand Island City Section 2-18 Relative to Mayor Compensation (Second and Final Reading) #9895 - Consideration of Approving Salary Ordinance #9896 - Consideration of Approving FY2022-2023 Annual Single City Budget and the Annual Appropriations Bill #9897 - Consideration of Approving Assessments for Railside Business Improvement District #9898 - Consideration of Approving Assessments for Fonner Park Business Improvement District #9899 - Consideration of Approving Assessments for South Locust Business Improvement District #9900 - Consideration of Approving Assessments for Vehicle Off-Street Parking District #3 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. Grand Island Council Session - 9/13/2022 Page 39 / 306 Page 3, City Council Regular Meeting, August 30, 2022 #9894 - Consideration of Amending Grand Island City Section 2-18 Relative to Mayor Compensation (Second and Final Reading) Human Resources Director Aaron Schmid reported this ordinance was approved by the City Council on first reading at their August 23, 2022 City Council meeting. Jay Vavricek, 2729 Brentwood Blvd. spoke in favor of increasing the Mayor’s salary above $16,000.00. Motion by Paulick, second by Haase to take no action on Ordinance #9894. Upon roll call vote, all voted aye. Motion adopted. #9895 - Consideration of Approving Salary Ordinance Human Resources Director Aaron Schmid reported this ordinance was part of the budget process. He explained this ordinance reflected the union contracts and the non-union salary survey. Motion by Paulick, second by Stelk to approve Ordinance #9895. Discussion was held regarding those employees who did not get a raise. Finance Director Patrick Brown stated there was a 5% increase for all non-union positions figured in to the salary ordinance and five employees whose salary did not change due to the salary survey. Motion by Haase, second by Scott to establish a minimum increase of 3% to the minimum and maximum rates for non-union members in Section 1 receiving a 3% or less increase based on comparability and COLA, excluding those whose adjustments were approved previously since October 1, 2021 such as Police Chief and Public Works Director positions and the 2 AFSCME positions listed in this Section. Upon roll call vote, Councilmembers Haase, Nickerson, Conley, Stelk, and Scott voted aye. Councilmembers Mendoza, Guzinski, Minton, Fitzke, and Paulick voted no. Mayor Steele vote no. Motion failed. City Clerk: Ordinance #9895 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 #9895 is declared to be lawfully adopted upon publication as required by law. RESOLUTIONS: #2022-237 - Consideration of Approving FY 2022-2023 General Property and Community Redevelopment Authority (CRA) Tax Request. Finance Director Patrick Brown stated this item relates to the Public Hearing item E-2 from the Special Meeting of August 30, 2022. Motion by Paulick, second by Stelk to approve Resolution #2022-237. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/13/2022 Page 40 / 306 Page 4, City Council Regular Meeting, August 30, 2022 #2022-238 - Consideration of Approving FY 2022-2023 Annual Budget for Parking District #2 (Ramp)Tax Request. Finance Director Patrick Brown stated this item relates to the Public Hearing item E-3 from the Special Meeting of August 30, 2022. Motion by Minton, second by Guzinski to approve Resolution #2022-238. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: #9896 - Consideration of Approving FY2022-2023 Annual Single City Budget and the Annual Appropriations Bill This item was related to the Public Hearing at the Special Meeting held just before this meeting. Discussion was held regarding the 5 year projections of the budget. Fire Chief Cory Schmidt answered questions regarding the 3 FTE;s and how to fill those positions. Motion by Paulick, second by Minton to approve Ordinance #9896. City Clerk: Ordinance #9896 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 #9896 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 #9896 is declared to be lawfully adopted upon publication as required by law. #9897 - Consideration of Approving Assessments for Railside Business Improvement District This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion by Guzinski, second by Nickerson to approve Ordinance #9897 City Clerk: Ordinance #9897 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 #9897 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 #9897 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 9/13/2022 Page 41 / 306 Page 5, City Council Regular Meeting, August 30, 2022 #9898 - Consideration of Approving Assessments for Fonner Park Business Improvement District This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion by Scott, second by Fitzke to approve Ordinance #9898. City Clerk: Ordinance #9898 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 #9898 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 #9898 is declared to be lawfully adopted upon publication as required by law. #9899 - Consideration of Approving Assessments for South Locust Business Improvement District This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion by Paulick, second by Conley to approve Ordinance #9899. City Clerk: Ordinance #9899 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 #9899 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 #9899 is declared to be lawfully adopted upon publication as required by law. #9900 - Consideration of Approving Assessments for Vehicle Off-Street Parking District #3 This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion by Guzinski, second by Minton to approve Ordinance #9900. Grand Island Council Session - 9/13/2022 Page 42 / 306 Page 6, City Council Regular Meeting, August 30, 2022 City Clerk: Ordinance #9900 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 #9900 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 #9900 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Scott to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 23, 2022 City Council Regular Meeting. #2022-234 - Approving Proposal for Furnace & Air Conditioner Replacement at the Grand Generation Center with Jerry’s Sheet Metal Heating and Cooling Co. or Grand Island, Nebraska in an Amount of $37,280.00. #2022-235 - Approving Microsoft Licensing Enterprise Agreement with CDW-G, Nebraska State Contract reseller in an Amount of $448,639.38 for three years. #2022-236 - Approving 2022 Police Department Justice Assistance Grant (JAG) Application and MOU. ADJOURN TO EXECUTIVE SESSION: Motion by Minton, second by Guzinski to adjourn to Executive Session at 9:30 p.m. for the purpose of a strategy session pending litigation. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Nickerson, second by Minton to return to Regular Session at 9:57 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:57 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/13/2022 Page 43 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-3 Receipt of Official Document – Tort Claim filed by Brad Johnson Staff Contact: Laura McAloon Grand Island Council Session - 9/13/2022 Page 44 / 306 Council Agenda Memo From:Laura McAloon, City Attorney Meeting:September 13, 2022 Subject:Receipt of Official Document – Tort Claim filed by Brad Johnson Presenter(s):Laura McAloon, City Attorney Background The City of Grand Island has received a Notice of Tort Claim from Brad Johnson alleging certain claims for an incident which occurred on September 14, 2021. Mr. Johnson, individually and as the Special Administrator of the Estate of Carley Johnson is claiming negligent handling of a prior traffic incident caused the automobile collision on I-80 Westbound resulting in the injuries and death of Carley Johnson. The claim does not allege any actions on the part of the City or City employees and simply states that the City is being put on notice of the claims against other government agents in case the City had some involvement with the incidents on September 14, 2021. A copy of the claim is attached. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Brad Johnson is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney’s office, and we will provide you with any additional information we may have regarding the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal Grand Island Council Session - 9/13/2022 Page 45 / 306 consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the Tort Claim filed by Brad Johnson. 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These appointments would become effective October 1, 2022 upon approval by the City Council and would expire on September 30, 2024. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/13/2022 Page 67 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-5 Approving Re-Appointment of Chris Schwieger to the Community Redevelopment Authority Board Mayor Steele has submitted the re-appointment of Chris Schwieger to the Community Redevelopment Authority Board. This appointment would become effective October 1, 2022 upon approval by the City Council and would expire on September 30, 2027. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/13/2022 Page 68 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-6 Approving Appointments of Julie Wright and Susan Bullington to the Citizens Advisory Review Committee Mayor Steele has submitted the appointment of Julie Wright to the Citizens Advisory Review Committee to fill out the term of David Koubek who resigned. This appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2023. The Mayor has also submitted the appointment of Susan Bullington to replace Jack Sheard. This appointment would become effective October 1, 2022 upon approval by the City Council and would expire on September 30, 2024. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/13/2022 Page 69 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-7 Approving Request from Christina Black, 1011 Starwood Avenue, Apt. 1 for Liquor Manager Designation with Texas Roadhouse, 232 Wilmar Avenue Staff Contact: RaNae Edwards Grand Island Council Session - 9/13/2022 Page 70 / 306 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 13, 2022 Subject:Request from Christina Black, 1011 Starwood Avenue, Apt. 1 for Liquor Manager Designation with Texas Roadhouse, 232 Wilmar Avenue Presenter(s):RaNae Edwards, City Clerk Background Christina Black, 1011 Starwood Avenue, Apt. 1 has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Texas Roadhouse, 232 Wilmar Avenue. This application has been reviewed by the Police Department and City Clerk’s Office. See Police Department report attached. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Ms. Black has completed a state approved alcohol server/seller program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Forward the requests with no recommendation. 3.Take no action on the request. Grand Island Council Session - 9/13/2022 Page 71 / 306 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Christina Black, 1011 Starwood Avenue, Apt. 1 for Liquor Manager Designation in conjunction with the Class “IK-096736” Liquor License for Texas Roadhouse, 232 Wilmar Avenue. Grand Island Council Session - 9/13/2022 Page 72 / 306 08/29/22 Grand Island Police Department Officer Report for Incident L22081806 Nature:  Liquor Lic Inv Address:  232 WILMAR AVE; TEXAS ROADHOUSE Location:  PAON Grand Island NE 68803 Offense Codes:   Received By:  Dvorak T How Received:  T Agency:  GIPD Responding Officers:  Dvorak T Responsible Officer:  Dvorak T Disposition:  CLO 08/29/22 When Reported:  14:39:20 08/23/22 Occurred Between:  14:39:20 08/23/22 and 14:39:20 08/23/22 Assigned To:  Detail:  Date Assigned:  **/**/** Status:  Status Date:  **/**/**Due Date:  **/**/** Complainant: Last:   First:Mid: DOB:   **/**/**Dr Lic:Address: Race:    Sex: Phone:City:   , Offense Codes Reported:Observed: Circumstances LT21 LT21 Restaurant Responding Officers:  Unit :   Dvorak T 309 Responsible Officer:   Dvorak T Agency:   GIPD Received By:   Dvorak T Last Radio Log:   **:**:** **/**/** How Received:   T Telephone Clearance:   CL CL Case Closed When Reported:   14:39:20 08/23/22 Disposition:   CLO Date:   08/29/22 Judicial Status:Occurred between:   14:39:20 08/23/22 Misc Entry:and:   14:39:20 08/23/22 Modus Operandi:  Description :  Method :   Involvements Date Type Description Grand Island Council Session - 9/13/2022 Page 73 / 306 Officer Report for Incident L22081806 Page 2 of 5 08/29/22 08/23/22 Name Texas Roadhouse, location 08/23/22 Name Black, Todd R spouse 08/23/22 Name Black, Christina R proposed manager Grand Island Council Session - 9/13/2022 Page 74 / 306 Officer Report for Incident L22081806 Page 3 of 5 08/29/22 Narrative 309 Liquor Manager Grand Island Police Department Christina Black has applied to become the new Liquor Manager for the Texas Roadhouse Restaurant on Wilmar Avenue. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Grand Island Council Session - 9/13/2022 Page 75 / 306 Officer Report for Incident L22081806 Page 4 of 5 08/29/22 Supplement 309 Texas Roadhouse Liquor Manager Grand Island Police Department Supplemental Report Date, Time:8-24-22 Reporting Officer:Sgt Dvorak #309 Unit #:CID Christina R Black has applied to be designated the new Liquor Manager for Texas Roadhouse restaurant. Todd Black signed the application as Christina's non-participating spouse. The Blacks indicate they have resided in Grand Island since 2019. Christina indicates she has been employed by Texas Roadhouse for two years. I utilized our local database, State NCJIS files, and a paid law enforcement only web site to check background information for the couple. I found that neither has an active warrant for their arrest. The Blacks have few entries in Spillman locally, and nothing of concern. In State of NE files I located two minor traffic violations, which were not self reported on the application. However, both convictions were for minor violations and both were four or five years ago, and I am not concerned about the omission. The private, law enforcement only database tends to cover incidents of a civil nature, to include foreclosures, liens and bankruptcies. I noted nothing current, or anything that would prevent Christina from being a liquor manager. I contacted Christina Black by telephone, and she confirmed biographical information. We discussed matters involving her new title, and her responsibilities regarding both her's and restaurant staff. Black advised she understood. The Grand Island Police Department finds no reason that Christina Black should not be appointed Liquor Manager for the Grand Island Texas Roadhouse location. Grand Island Council Session - 9/13/2022 Page 76 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-8 #2022-239 - Approving Request from Kiko’s Cantina and Mexican Eats, LLC dba Kiko’s Cantina, 101 West 3rd Street for a Class "C" Liquor License and Liquor Manager for Vanessa Garcia, 644 Meves Avenue This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 9/13/2022 Page 77 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-239 WHEREAS, an application was filed by Kiko’s Cantina and Mexican Eats, LLC, dba Kiko’s Cantina, 101 West 3rd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 3, 2022; such publication cost being $17.71; and WHEREAS, a public hearing was held on September 13, 2022 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Vanessa Garcia, 644 Meves Avenue, Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 78 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-9 #2022-240 - Approving Agreement with Clean Community Systems Staff Contact: Laura McAloon Grand Island Council Session - 9/13/2022 Page 79 / 306 Council Agenda Memo From:Laura McAloon, City Attorney Meeting:September 13, 2022 Subject:Agreement with Grand Island Area Clean Community System Presenter(s):Laura McAloon, City Attorney Background Grand Island Area Clean Community System (CCS) and City Administration are proposing for FY 2022-23 an appropriation of $30,000.00 for services provided by CCS. Prior to any monies being paid out to CCS for FY 2022-23, an Agreement is needed to specify the obligations of each party and payment terms. Discussion The City is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act pursuant to the authority of Section 13-2021 of the Nebraska Revised Statutes, as amended. The Integrated Solid Waste Management Act requires the implementation of a solid waste management plan to provide for a local waste reduction and recycling program. CCS actively educates the public on recycling and solid waste and other environmental issues, and provides an educational resource center on such issues. CCS proposes a contract with the City to provide the following services: 1.Develop and print 20,000 utility bill inserts one to two times per year on environmental issues. 2.Develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island. 3.Work with local recyclers to identify public misunderstanding of existing recycling programs. Assist in providing public education to maximize recycling program use and minimize problems. 4.Foster and support corridor litter controls and beautification groups and organizations. 5.Provide and maintain information on environmental/recycling issues and concerns. 6.Provide consulting services to implement integrated solid waste plans. 7.Endorse and encourage recycling through educational presentations. Grand Island Council Session - 9/13/2022 Page 80 / 306 8.Conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies. 9.Coordinate community clean-ups with the City of Grand Island Solid Waste Superintendent. 10.Work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers. 11.Secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. In consideration of CCS performing the services provided for in this agreement, the City agrees to pay CCS Thirty Thousand and No/100 Dollars ($30,000.00) annually. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Agreement with Grand Island Area Clean Community System. Sample Motion Move to approve the Agreement with Grand Island Area Clean Community System. Grand Island Council Session - 9/13/2022 Page 81 / 306 Grand Island Council Session - 9/13/2022 Page 82 / 306 Grand Island Council Session - 9/13/2022 Page 83 / 306 Grand Island Council Session - 9/13/2022 Page 84 / 306 Grand Island Council Session - 9/13/2022 Page 85 / 306 Grand Island Council Session - 9/13/2022 Page 86 / 306 Grand Island Council Session - 9/13/2022 Page 87 / 306 R E S O L U T I O N 2022-240 WHEREAS, the City of Grand Island is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act pursuant to the authority of Section 13-2021 of the Nebraska Revised Statutes, as amended; and WHEREAS, the Integrated Solid Waste Management Act requires the implementation of a solid waste management plan to provide for a local waste reduction and recycling program. Grand Island Area Clean Community System (GIACCS) actively educates the public on recycling and solid waste and other environmental issues, and provides an educational resource center on such issues; and WHEREAS, GIACCS proposes a contract with the City to provide the following services: 1.Develop and print 20,000 utility bill inserts one to two times per year on environmental issues. 2.Develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island. 3.Work with local recyclers to identify public misunderstanding of existing recycling programs. Assist in providing public education to maximize recycling program use and minimize problems. 5.Foster and support corridor litter controls and beautification groups and organizations. 6.Provide and maintain information on environmental/recycling issues and concerns. 7.Provide consulting services to implement integrated solid waste plans. 8.Endorse and encourage recycling through educational presentations. 9.Conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies. 10.Coordinate community clean-ups with the City of Grand Island Solid Waste Superintendent. 11.Work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers. 12.Secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement with Grand Island Area Clean Community System for services as set forth above for a fee of Thirty Thousand and No/100 Dollars ($30,000.00) annually for a total contract price of Thirty Thousand Dollars and No/100 ($30,000.00). Approved as to Form ¤ ___________ September 7, 2022 ¤ City Attorney Grand Island Council Session - 9/13/2022 Page 88 / 306 - 2 - BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 89 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-10 #2022-241 - Approving Bid Award - Coal Bunker Unloading Platform Concrete Coating Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/13/2022 Page 90 / 306 Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date: September 13, 2022 Subject: Coal Bunker Unloading Platform Concrete Coating Presenter(s): Timothy G. Luchsinger, Utilities Director Background The Platte Generating Station utilizes a coal-fired boiler for its operation. The unit uses Powder River Basin Coal from various mines in the basin. Coal is stored in four elevated silos built integral to the building superstructure. Each coal silo can store 650 tons of coal. A 25’ by 150’ staging area serves as an unloading platform. In the case of a unit trip, the coal silos are unloaded into trucks and the unburned coal is piled on the south side of the plant site. The concrete staging area is original to the plant and is showing signs of wear. To prevent further damage of the concrete surface, Plant staff developed a scope of work and specification to repair and resurface the platform. Discussion Specifications for the Coal Bunker Unloading Platform Concrete Coating were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 23, 2022. The engineer’s estimate for this project was $90,000.00. Bidder Bid Price Allen Blasting and Coating, Wever, Iowa $ 50,346.00 McGill Restoration, Omaha, Nebraska $ 67,784.25 TMI Coatings, Inc., St. Paul, Minnesota $ 84,710.00 Bids were reviewed by plant engineering staff. The bid from Allen Blasting and Coating is compliant with specifications and less than the engineer’s estimate. Grand Island Council Session - 9/13/2022 Page 91 / 306 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 Coal Bunker Unloading Platform Concrete Coating to Allen Blasting and Coating of Wever, Iowa, as the low responsive bidder, with the bid in the amount of $50,346.00. Sample Motion Move to approve the bid in the amount of $50,346.00 from Allen Blasting and Coating of Wever, Iowa, for the Coal Bunker Unloading Platform Concrete Coating. Grand Island Council Session - 9/13/2022 Page 92 / 306 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 23, 2022 at 2:00 p.m. FOR:Coal Bunker Unloading Platform Concrete Coating DEPARTMENT:Utilities ESTIMATE:$90,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:August 3, 2022 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:TMI Coatings, Inc.Allen Blasting and Coating, Inc. St. Paul, MN Wever, IA Bid Security:Swiss Re Corporate Solutions America United Fire & Casualty Co. Exceptions:Noted None Bid Price: Surface Repair:$12,900.00 $10,458.00 Prep & Coating:$71,810.00 $39,888.00 Sales Tax: N/A___ N/A___ Total Bid:$84,710.00 $50,346.00 Bidder:McGill Restoration, Inc. Omaha, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price: Surface Repair:$13,765.00 Prep & Coating:$54,018.75 Sales Tax: N/A___ Total Bid:$67,784.25 Grand Island Council Session - 9/13/2022 Page 93 / 306 cc:Tim Luchsinger, Utilities Director Tylor Robinson, Plant Superintendent Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Karen Nagel, Utilities Secretary P2390 Grand Island Council Session - 9/13/2022 Page 94 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-241 WHEREAS, the City of Grand Island invited sealed bids for Coal Bunker Unloading Platform Concrete Coating according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 23, 2022, bids were received, opened and reviewed; and WHEREAS, Allen Blasting and Coating of Wever, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $50,346.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Allen Blasting and Coating, for the Coal Bunker Unloading Platform Concrete Coating, in the amount of $50,346.00, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 95 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-11 #2022-242 - Approving Bid Award - PGS Boiler Inspection and Repair - Fall Outage 2022 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/13/2022 Page 96 / 306 Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date: September 13, 2022 Subject: Boiler Inspection and Repair - Fall 2022 Outage Presenter(s): Timothy G. Luchsinger, Utilities Director Background During the fall outage at Platte Generating Station, the boiler must be inspected and repaired for damages that occur during operation. The Fall 2022 Outage is currently scheduled for September 22, 2022, through October 8, 2022, during which time inspection and maintenance on the boiler will be performed. This package of work on the boiler includes hydro testing of the boiler with inspection for tube leaks and tube repairs, boiler tube alignment attachment repairs, and the installation of tube shields. Plant engineering staff developed the specifications issued for bids covering this scope of work. Discussion The specification for the Boiler Inspection and Repair-Fall 2022 Outage was advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 23, 2022. Specifications were sent to three potential bidders and responses were received as listed below. The engineer’s estimate for this project was $200,000.00. Bidder Base Bid Locke AMI, LLC Olathe, Kansas $ 125,552.00 TEiC Construction Services, Inc. Duncan, South Carolina $ 137,350.00 High Plains Boiler and Mechanical Kearney, Nebraska $ 142,563.70 The Bids were reviewed by Utility Engineering staff and exceptions were noted. The exceptions from Locke AMI, LLC were reviewed and found to be acceptable. The bid Grand Island Council Session - 9/13/2022 Page 97 / 306 from Locke AMI, LLC was otherwise found compliant with the specifications and less 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 Boiler Inspection and Repair-Fall 2022 Outage to Locke AMI, LLC of Olathe, Kansas, as the low responsive bidder, with the bid in the amount of $125,552.00. Sample Motion Move to approve the bid of $125,552.00 from Locke AMI, LLC of Olathe, Kansas for the Boiler Inspection and Repair-Fall 2022 Outage at Platte Generating Station. Grand Island Council Session - 9/13/2022 Page 98 / 306 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 23, 2022 at 2:15 p.m. FOR:Boiler Inspection and Repair – Fall 2022 DEPARTMENT:Utilities ESTIMATE:$200,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:August 3, 2022 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:TEiC Construction Services, Inc.Locke AMI Windsor, CO Olathe, KS Bid Security:Atlantic Specialty Ins. Co.Continental Casualty Co. Exceptions:Noted Noted Bid Price: Mobilization:$45,572.00 $26,530.00 Feedwater Valve:$23,082.00 $46,843.00 Labor:$66,276.00 $51,179.00 Sales Tax:$ 2,421.00 N/A___ Total Bid:$137,350.00 $125,552.00 Bidder:High Plains Boiler and Mechanical Kearney, NE Bid Security:Liberty Mutual Ins. Co. Exceptions:None Bid Price: Mobilization:$127,036.00 Feedwater Valve: Inc. Labor: Inc. Sales Tax:$ 9,527.70 Total Bid:$142,563.70 cc:Tim Luchsinger, Utilities Director Tylor Robinson, Plant Superintendent Grand Island Council Session - 9/13/2022 Page 99 / 306 Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Karen Nagel, Utilities Secretary P2391 Grand Island Council Session - 9/13/2022 Page 100 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-242 WHEREAS, the City of Grand Island invited sealed bids for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2022, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 23, 2022, bids were received, opened and reviewed; and WHEREAS, Locke AMI, LLC, of Olathe, Kansas, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $125,552.00; and WHEREAS, the bid of Locke AMI, LLC, is less than the estimate for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2022. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Locke AMI, LLC, in the amount of $125,552.00, for Boiler Inspection and Repair at Platte Generating Station – Fall Outage 2022, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 101 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-12 #2022-243 - Approving Purchase of 2024 Freightliner (OH Division) Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/13/2022 Page 102 / 306 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:September 13, 2022 Subject:2024 Freightliner M2-106 with Hydraulic Rotating Digger Derrick - Electric Overhead Division Presenter(s):Timothy Luchsinger, Utilities Director Background The Electric Overhead Division of the Utilities Department has a 2010 Freightliner with a digger derrick. This vehicle has approximately 46,000 miles and 7,800 hours which is equivalent to approximately 260,000 miles on the engine and power transmission equipment. This is the largest digger derrick in our fleet. It is the only truck capable of setting transmission poles and laminate distribution poles. This vehicle is in need of replacement due to a variety of potentially costly maintenance issues. The truck has multiple hydraulic leaks and needs a new hydraulic pump. Due to the extended lead time of two years or more currently being experienced on vehicles, it is recommended to order a replacement as soon as possible. Discussion The Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (now Sourcewell) on October 28, 2014 with Resolution 2014-326. To meet competitive bidding requirements, the Utilities Department obtained pricing from the Sourcewell Contract No.110421-TER awarded to Terex Corp. Specifications for replacement of Unit #1573 were prepared by Department staff resulting in a recommendation of a 2024 Freightliner M2-106 with Hydraulic Rotating Digger Derrick from Terex Corp., of Watertown, South Dakota, in the amount of $434,343.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/13/2022 Page 103 / 306 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 purchase of the 2024 Freightliner M2-106 with Hydraulic Rotating Digger Derrick from Terex Corp., of Watertown, SD, in the amount of $434,343.00. Sample Motion Move to approve the purchase of a 2024 Freightliner M2-106 with Hydraulic Rotating Digger Derrick from Terex Corp., of Watertown, SD, in the amount of $434,343.00. Grand Island Council Session - 9/13/2022 Page 104 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-243 WHEREAS, the existing 2010 Freightliner with a digger derrick has an equivalent of approximately 260,000 miles on the engine and power transmission equipment and has a variety of maintenance issues; and WHEREAS, National Joint Powers Alliance Buying Group (now Sourcewell) was approved for use by Council on October 28, 2014; and WHEREAS, an acceptable replacement vehicle with the necessary attachments was quoted by Terex Corporation of Watertown, South Dakota, in the amount of $434,343.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Overhead Department purchase a 2024 Freightliner M2-106 with Hydraulic Rotating Digger Derrick from Terex Corporation of Watertown, South Dakota, in the amount of $434,343.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 105 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-13 #2022-244 - Approving Change Order #1 for Water Main Project 2022-W-1 - 18th Street Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/13/2022 Page 106 / 306 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 13, 2022 Subject:Change Order #1 for Water Main Project 2022-W-1 – 18th Street Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2022-W-1 installed approximately 328 linear feet of 6” diameter ductile iron pipe for water main lowerings in the 18th Street/Park Avenue, 18th Street/Grand Island Avenue and 18th Street/Huston Avenue intersections. The project resolved previously unknown storm sewer and water main conflicts within the three intersections. Discussion The original contract was awarded by City Council on March 22, 2022, in the amount of $156,216.80 to The Diamond Engineering Company of Grand Island, Nebraska. Additional items were required to complete the project. Three existing water services were encountered within the abandonment areas and needed to be reconnected. Additional water main fittings were installed to maintain required clearances between water main and storm sewer and due to the existing water main being oversized. The total cost for additional items is $5,075.00. During the process of constructing the contract, materials were added or deducted to complete the work. Unit prices were provided in the Contract and specified that the contractor be paid on the basis of actual quantity installed, times the Contract’s unit price. A significant portion of this increase was due to the existing water main alignment and location of existing water main joints. Water main tap locations had to be adjusted therefore affecting the amount of slip joint pipe and mechanical joint pipe installed. This total is $6,310.65. Grand Island Council Session - 9/13/2022 Page 107 / 306 The original Engineer’s estimate was $200,000.00. The original contract was for $156,216.80. The total changes to the contract amount to $11,385.65. This results in a final contract cost of $167,602.45. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to a future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order #1 to the Water Main Project 2022-W-1 Contract in the amount of $11,385.65, for a final contract amount of $167,602.45. Sample Motion Move to approve Change Order #1 with The Diamond Engineering Company to the Water Main Project 2022-W-1 Contract in the amount of $11,385.65, for a final contract amount of $167,602.45. Grand Island Council Session - 9/13/2022 Page 108 / 306 UTILITIES DEPARTMENT - ENGINEERING DIVISION Telephone 308.385.5463 FAX 308.382.0558 Working Together for a Better Tomorrow, Today. CHANGE ORDER #1 NAME OF PROJECT: Water Main Project 2022-W-1, 18TH STREET CONFLICTS CONTRACTOR: The Diamond Engineering Company 1521 W. Anna, PO Box 1327 Grand Island, NE 68802-1327 OWNER: City of Grand Island, NE THE FOLLOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY ORDERED: BID INSTALLED ITEM DESCRIPTION QUANTITY UNIT Unit Price $QUANTITY UNIT $ +/- D.1.01 6" S.J. D.I. PIPE 195.00 LF $140.00 265.10 LF $9,814.00 D.1.02 6” M.J. D.I. PIPE (INSTALLATION ONLY)105.90 LF $95.00 62.50 LF -$4,123.00 D.1.09 6” SOLID SLEEVE 1.00 EA $438.00 0.00 EA -$438.00 D.1.10 6” M.J. PLUG 3.00 EA $285.00 0.00 EA -$855.00 D.1.12 6” RETAINER GLAND 80.00 EA $104.00 75.00 EA -$520.00 D.1.15 POLYWRAP 300.90 LF $2.00 327.60 LF $53.40 D.1.16 THRUST BLOCK 5.00 EA $327.00 4.00 EA -$327.00 D.1.19 DUC-LUGS & REDI-ROD 4.00 SET $175.00 0.00 SET -$700.00 D.1.20 REMOVE AND DISPOSE EXISTING WATER MAIN 18.00 LF $20.00 18.50 LF $10.00 D.1.21 REMOVE CURB 173.00 LF $2.50 173.30 LF $0.75 D.1.22 REPLACE CURB 173.00 LF $9.50 173.30 LF $2.85 D.1.23 REMOVE CONCRETE ROADWAY 249.20 SY $12.00 259.60 SY $124.80 D.1.24 REPLACE CONCRETE ROADWAY (47B MODIFIED)249.20 SY $88.00 259.60 SY $915.20 D.1.25 REMOVE SIDEWALK 614.00 SF $2.00 731.10 SF $234.20 D.1.26 REPLACE SIDEWALK 614.00 SF $7.50 731.10 SF $878.25 D.1.28 SODDING 1,342.50 SF $2.60 1,819.50 SF $1,240.20 SUBTOTAL D.1.01-D.1.30 (ADD): $ 6,310.65 -2018 W. 18TH STREET WATER SERVICE RECONNECTION --$992.80 1.00 LS $992.80 -1810 N. PARK AVE WATER SERVICE RECONNECTION --$2,058.20 1.00 LS $2,058.20 -1814 W. 18TH STREET WATER SERVICE RECONNECTION --$1,072.00 1.00 LS $1,072.00 -6” FOSTER ADAPTOR --$410.00 1.00 EA $410.00 -6” ROMAC COUPLING --$542.00 1.00 EA $542.00 SUBTOTAL ADDITIONAL ITEMS (ADD): $ $5,075.00 THIS CHANGE ORDER AMOUNT (ADD): $ 11,385.65 ORIGINAL CONTRACT AMOUNT: $ 156,216.80 REVISED CONTRACT AMOUNT (including this Change Order) $ 167,602.45 Grand Island Council Session - 9/13/2022 Page 109 / 306 REASONS FOR MODIFICATIONS: During the process of constructing the contract, materials were added or deducted to complete the work. Unit prices were provided in the Contract and specified that the contractor be paid on the basis of actual quantity installed, times the Contract’s unit prices. A significant portion of this increase was due to the existing water main alignment and location of existing water main joints. Water main tap locations had to be adjusted therefore affecting the amount of slip joint pipe and mechanical joint pipe installed. Additional items were required to complete the project. Three existing water services were encountered within the abandonment areas and needed to be reconnected. Additional water main fittings were installed to maintain required clearances between water main and storm sewer and due to the existing water main being oversized. Contractor: Date: The Diamond Engineering Company Owner: Date: City of Grand Island, NE Grand Island Council Session - 9/13/2022 Page 110 / 306 Grand Island Council Session - 9/13/2022 Page 111 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-244 WHEREAS, Water Main Project 2022-W-1 installed a 6” diameter ductile iron water main along 18th Street from Park Avenue to Huston Avenue; and WHEREAS, the original contract was awarded by Council on March 22, 2022, in the amount of $156,216.80 to The Diamond Engineering Company, of Grand Island, Nebraska; and WHEREAS, during the process of constructing the water main, materials were added or deducted to complete the work and unit prices were provided in the Contract and specified that the contractor be paid on the basis of actual quantity installed, times the Contract’s unit price; and WHEREAS, the original contract amount was $156,216.80, and the total change to the contract amount was $11,385.65, resulting in a final contract cost of $167,602.45. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for the construction of Water Main Project 2022-W-1 in the amount of $11,385.65, is approved, and the Mayor is hereby authorized to sign the Change Order on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 112 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-14 #2022-245 - Approving Designation of Sole Source for Raw Sewage Pumps at the Wastewater Treatment Plant Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 113 / 306 Council Agenda Memo From:Matt Walker PE, Assistant Public Works Director- Wastewater Meeting:September 13, 2022 Subject:Approving Designation of Sole Source for Raw Sewage Pumps at the Wastewater Treatment Plant Presenter(s):Keith Kurz PE, Interim Public Works Director Background There are six (6) total raw sewage pumps located in the Headworks building at the Wastewater Treatment Plant, which are used to pump incoming sewage for treatment. Two (2) of these pumps can run up to six (6) million gallons a day (mgd), with the other four (4) pumps able to run up to ten (10) million gallons a day. The pumps are in two (2) redundant wet wells, with each designed to handle the normal daily influent flow while allowing maintenance to be done on the pumps and ancillary equipment in one (1) wet well at a time. Due to a large piece of debris going through the pump station one of the 10 mgd raw sewage pumps was damaged beyond repair, thus a replacement is necessary. The replacement pump is needed to keep the redundancy of the pump station in place and to maintain capacity for wet weather events at design levels. Discussion Iowa Pump Works of Ankeny, Iowas has a factory refurbished pump on hand for quick placement at the Wastewater Treatment Plant. Iowa Pump Works does have the secured sales territory for Grand Island, letter attached for reference. The Wastewater Treatment Plant is seeking approval to purchase the refurbished pump from Iowa Pump Works of Ankeny, Iowa in the total amount of $40,400.00 ($400.00 is to cover shipping & handling). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/13/2022 Page 114 / 306 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 Raw Sewage Pump purchase from Iowa Pump Works of Ankeny, Iowa in the total amount of $40,400.00, as well as deeming them sole source provider for such pumps. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/13/2022 Page 115 / 306 SULZER CONFIDENTIAL ABS USA 140 Pond View Drive Meriden, CT 06450 Phone (203) 238 2700 Fax (203) 238 0738 www.sulzer.com Iowa Pump Works Inc. Date: September 7, 2022 825 SW Ordnance Road Ankeny, IA 50023 Subject: Iowa Pump Works as exclusive Contracted Sulzer ABS representative for Grand Island, NE To Whom it May Concern: The purpose of this letter is to confirm that Iowa Pump Works with main offices located in Ankeny, Iowa and Dundas, Minnesota is an Authorized Distributor for the Sulzer/ABS municipal wastewater collections and treatment markets. In those markets, Iowa Pump Works is the sole authorized distributor for our XFP Pumps, Piranha Grinder Pumps, XRW Mixers, Service and Controls for the State of Nebraska.. Should you have any questions regarding this contracted territory please feel free to contact me. Sincerely, Steve Lammey Steve Lammey Regional Sales Manager Municipal Wastewater, U.S. Central Region Grand Island Council Session - 9/13/2022 Page 116 / 306 SULZER CONFIDENTIAL SULZER CONFIDENTIAL Grand Island Council Session - 9/13/2022 Page 117 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-245 WHEREAS, there are six (6) total raw sewage pumps located in the Headworks building at the Wastewater Treatment Plant, which are used to pump incoming sewage for treatment; and WHEREAS, the pumps are in two (2) redundant wet wells, with each designed to handle the normal daily influent flow while allowing maintenance to be done on the pumps and ancillary equipment in one (1) wet well at a time; and WHEREAS, due to a large piece of debris going through the pump station one of the raw sewage pumps was damaged beyond repair, thus a replacement is necessary; and WHEREAS, the replacement pump is needed to keep the redundancy of the pump station in place and to maintain capacity for wet weather events at design levels; and WHEREAS, Iowa Pump Works of Ankeny, Iowa has a factory refurbished pump on hand for quick placement at the Wastewater Treatment Plant; and WHERES, Iowa Pump Works does have the secured sales territory for Grand Island; and WHEREAS, the Wastewater Treatment Plant is seeking approval to purchase the refurbished pump from Iowa Pump Works of Ankeny, Iowa in the total amount of $40,400.00 ($400.00 is to cover shipping & handling). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of the above noted pump, in the total amount of $40,400.00 from Iowa Pump Works of Ankeny, Iowa is hereby approved. BE IT FURTHER RESOLVED, that Iowa Pump Works is hereby designated as the sole source provider for the raw sewage pumps at the Wastewater Treatment Plant. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 118 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-15 #2022-246 - Approving Section 5339 Capital Grant Application and Agreement for the Transit Division of the Public Works Department- FY 2023 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 119 / 306 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:September 13, 2022 Subject:Approving Section 5339 Capital Grant Application and Agreement for the Transit Division of the Public Works Department- FY 2023 Presenter(s):Keith Kurz PE, Interim Public Works Director Background Commencing July 1, 2016 public transportation services were led by the City of Grand Island utilizing urban transportation funds from the Federal Transit Administration, and with Hall County participating by utilizing State of Nebraska Rural Transportation funds. Discussion The City and State of Nebraska desire to secure and utilize grant funds to purchase buses and related equipment to be used in public transit services throughout the Urbanized Area of Grand Island. Two (2) vans, which are owned by Hall County, in the current transit fleet are scheduled for replacement. These vans will be removed from the active fleet and kept as backup until such time they are disposed of in coordination with the State of Nebraska. The request at this time is to purchase two (2) Lowered Floor Minivans, which will be owned by the City, to be used within the public transit service provided through the Urbanized Area of Grand Island. Section 5339 Capital Grant Application and agreement will provide for 80% or $104,000.00 of such purchases to be paid by Federal funds and 20% or $26,000 to be paid by the City. The application is attached for review. A public notice was published in the Grand Island Independent on September 2, 2022. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/13/2022 Page 120 / 306 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 Section 5339 Capital Grant Application and subsequent agreement for the Transit Division of the Public Works Department. Sample Motion Move to approve the Application. Grand Island Council Session - 9/13/2022 Page 121 / 306 Revised March 2022 Page 1 Section 5339 Capital Grant Application FY-2023 General Information Legal Name of Applicant Organization:  Grand Island, City of Unique Entity Identifier (UEI)  47-6006205 Address (include City, State, and Zip Code):  100 E 1st Street, PO Box 1968, Grand Island, NE 68802 Name of Project Director or Supervisor:  Charley Falmlen Phone No.:  308-646-6571 Email Address:  CharleyF@grand-island.com Name of Person Preparing this Application:  Libby Finochiaro Phone No.:  308-385-5444 Email Address:  LibbyF@grandisland.com Services Generally Provided by Applicant:  Demand Response Service Demographics Ethnicity of Clientele Service Area Population Percent of Total Service Area Population Black or African American 1859 3% Hispanic or Latino 18594 30% Native Hawaiian or other Pacific Islander 371 0% Asian 868 1% Native American or Alaska Native 1240 2% Non-Minority 39047 63% Total 61979 100% Transportation Project Identify the Geographical Areas to be Served: (Towns, Counties)  City of Grand Island Nebraska, Hall County Nebraska Intended Use: (Check one)  Replace Existing Service  Expand Existing Service  Start New Service  Enhance Existing Service Grand Island Council Session - 9/13/2022 Page 122 / 306 Revised March 2022 Page 2 Capital Assistance Vehicle(s) Requested Prioritize Vehicle(s) Requested (1, 2, 3) No. of Units Vehicle Vehicle Cost Total Cost   Small Bus $92,000 $   Seven-Passenger Van *$70,000 $ 1 2 Lowered Floor Minivan $65,000 $130,000 Total Costs:$130,000 Total Federal Funds requested (80% of total costs)$104,000.00 Local Share (20% difference between Federal funds requested and total costs)$26,000.00 Maintenance of Vehicles To assure that vehicles acquired with Federal Transit Assistance funds are maintained in optimal operating condition, it is required that they be maintained in accordance with the vehicle manufacturer’s recommended maintenance schedule. Applicants must verify by certifying below. Maintenance Certification The City of Grand Island certifies that vehicles purchased under Section 5339 will be maintained in accordance with detailed maintenance and inspection schedule provided by the manufacturer. Roger G. Steele Mayor (Printed Name of Person Signing)(Title) (Signature of Authorized Representative)(Date) Grand Island Council Session - 9/13/2022 Page 123 / 306 Revised March 2022 Page 3 Vehicle Being Replaced (If Applicable) This vehicle will be taken out of regular service (can be used as backup). Year of Vehicle Being Replaced:     (Vehicle must have been in service for at least four years or has a minimum of 100,000 miles) Make: Model: Vehicle Identification No.: Mileage: Vehicle Condition: COMPLETE THE APPLICATION BY SIGNING BELOW. CERTIFICATION: I hereby certify the information in this application is accurate and, as the authorized official for this project, hereby agree to comply with all provisions of the grant program and all other applicable state and federal laws. Mayor Applicant’s Authorized Representative Title Date Grand Island Council Session - 9/13/2022 Page 124 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-246 WHEREAS, funds are available through the State of Nebraska to aid the City financially in providing public transit services; and WHEREAS, the City and State desire to secure and utilize grant funds to purchase buses and related equipment to be used in public transit services throughout the Urbanized Area of Grand Island; and WHEREAS, the request at this time is to purchase two (2) Lowered Floor Minivans, which will be owned by the City, to be used within the public transit service provided through the Urbanized Area of Grand Island; and WHEREAS, Section 5339 Capital Grant Application and agreement will provide for 80% or $104,000.00 of such purchases to be paid by Federal funds and 20% or $26,000.00 to be paid by the City. 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 Section 5339 Capital Grant Application and subsequent agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 125 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-16 #2022-247 - Approving Acquisition of Public Utility Easements in Grand Island Mall Eighteenth Subdivision- North of State Street; East of US Highway 281 This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 126 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-247 WHEREAS, public utility easements are required by the City of Grand Island, from Grand Island Joint Venture, LLC in Lots 1 and 2 of Grand Island Mall Eighteenth Subdivision and Jammain, LLC in Lot 3 of Grand Island Mall Eighteenth Subdivision, City of Grand Island, Hall County, Nebraska and more particularly described as follows: GRAND ISLAND JOINT VENTURE, LLC- BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, GRAND ISLAND MALL EIGHTEENTH SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S00o53’24”E, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 20.13 FEET; THENCE S89o06’36”W, A DISTANCE OF 35.00 FEET; THENCE N00o53’24”W A DISTANCE OF 19.97 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE N88o50’11”E ALONG SAID NORTH LINE A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 702 SQUARE FEET OR 0.02 ACRES MORE OR LESS. AND BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, GRAND ISLAND MALL EIGHTEENTH SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S00o53’24”E, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 205.00 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE S88o50’11”W ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 35.00 FEET; THENCE N00o53’24”W A DISTANCE OF 205.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE N88o50’11”E ALONG SAID NORTH LINE A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 7175 SQUARE FEET OR 0.16 ACRES MORE OR LESS. AND JAMMAIN, LLC- BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3, GRAND ISLAND MALL EIGHTEENTH SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S88o50’11”W, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 35.00 FEET; THENCE N00o53’24”W, A DISTANCE OF 146.37 FEET; THENCE N88o50’11”E A DISTANCE OF 35.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3; THENCE S00o53’24”E ALONG SAID EAST LINE A DISTANCE OF 143.37 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 5122 SQUARE FEET OR 0.12 ACRES 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 property owners on the above described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 127 / 306 S89°06'36"W 35.00'(M) N88°50'11"E 35.00'(M) N00°53'24"W 19.97'(M) S00°53'24"E 20.13'(M) 014-2360PROJECT NO: DRAWN BY: 05/26/2022DATE: TRE EXHIBIT UTILITY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/13/2022 Page 128 / 306 N00°53'24"W 205.00'(M)S00°53'24"E 205.00'(M)N88°50'11"E 35.00'(M) S88°50'11"W 35.00'(M) 014-2360PROJECT NO: DRAWN BY: 05/26/2022DATE: TRE EXHIBIT UTILITY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/13/2022 Page 129 / 306 N00°53'24"W 146.37'(M)N88°50'11"E 35.00'(M) S88°50'11"W 35.00'(M)S00°53'24"E 146.37'(M)014-2360PROJECT NO: DRAWN BY: 05/26/2022DATE: TRE EXHIBIT UTILITY EASEMENT 1TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/13/2022 Page 130 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-17 #2022-248 - Approving Increase to the City’s Share of Improvements to US Highway 30 Bridges in Grand Island; Project No. NH-30-4(162); Control No. 42776 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 131 / 306 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:September 13, 2022 Subject:Approving Increase to the City’s Share of Improvements to US Highway 30 Bridges in Grand Island; Project No. NH-30-4(162); Control No. 42776 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On February 26, 2019 the Grand Island City Council, via Resolution No. 2019-78, approved the agreement between the City and Nebraska Department of Transportation (NDOT) for the improvements to US Highway 30 bridges at the junction of US Highway 30 and US Highway 281/North 2 and from the intersection of US Highway 30 and Old Lincoln Highway east to the intersection of US Highway 30 and Grant Street. Improvements to this stretch of roadway consist of: Repairing and milling the existing roadway and resurfacing with asphalt; Replacing approaches, remodeling abutments and wing walls, replacing or constructing median barrier, and sidewalk overlay, as well as other necessary repairs. The total cost of work within City limits was originally estimated to be 1,842,000.00, with the City’s share at $213,200.00. The City of Grand Island will pay 10% of the construction for the roadway improvements, and 50% of the construction costs for the pedestrian detour, as well as 5% of the construction engineering services, calculated at 5% of the City’s total construction costs. Discussion The total construction contract was awarded to Iowa Civil Contracting, Inc. by NDOT in the amount of $2,395,446.29, with a 2% contingency ($47,908.93) factored in for a total possible construction amount of $2,443,355.22. The City’s share of construction costs for the improvements is $297,496.61, with an additional $14,874.83 to cover construction engineering. With project contingencies and construction engineering the City’s share has increased from the estimated $213,200.00 to $312,371.44. The NDOT invoice for this project has been attached for review. Grand Island Council Session - 9/13/2022 Page 132 / 306 At this time the City has paid $150,645.85 towards the amount owed. 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 increase of the City’s share for the US Highway 30 Bridges in Grand Island; Project No. NH-30-4(162); Control No. 42776 with the Nebraska Department of Transportation, for a total amount of $312,371.44. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/13/2022 Page 133 / 306 Grand Island Council Session - 9/13/2022 Page 134 / 306 Grand Island Council Session - 9/13/2022 Page 135 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-248 WHEREAS, the Grand Island City Council approved Resolution No. 2019-78 on February 26, 2019, which provided for the City to cost share with the Nebraska Department of Transportation (NDOT) in improving US Highway 30 bridges at the junction of US Highway 30 and US Highway 281/North 2 and from the intersection of US Highway 30 and Old Lincoln Highway east to the intersection of US Highway 30 and Grant Street; and WHEREAS, such improvements consist of repairing and milling the existing roadway and resurfacing with asphalt; and replacing approaches, remodeling abutments and wing walls, replacing or constructing median barrier, and sidewalk overlay, as well as other necessary repairs; and WHEREAS, the City’s share was originally estimated to be $213,200.00; and WHEREAS, the total construction contract was awarded to Iowa Civil Contracting, Inc. by Nebraska Department of Transportation (NDOT) in the amount of $2,395,446.29 with a 2% contingency ($47,908.93) factored in for a total possible construction amount of $2,443,355.22; and WHEREAS, the City’s share of construction costs for the improvements is now $297,496.61, with an additional $14,874.83 to cover construction engineering; resulting in the City’s share increasing to a total of $312,371.44. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City’s share of $312,371.44 for such roadway improvements is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 136 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-18 #2022-249 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Staab Brothers Partnership- 1810 N Diers Avenue) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 137 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-249 WHEREAS, public right-of-way is required by the City of Grand Island for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, from property described as follows: Property Owner Legal Description Amount STAAB BROTHERS PARTNERSHIP A TRACT OF LAND CONSISTING OF PART OF A PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT NO. 93- 108517, BEING LOT 3 AND THE NORTH 140 FEET OF LOT 4 OF TOUKAN SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN INSTRUMENT NO. 93-108517, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF DIERS AVENUE AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89o28’55”W ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 344.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N00o35’21”W ALONG THE WEST LINE OF SAID PARCEL A DISTANCE OF 68.63 FEET; THENCE ALONG A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 285.00 FEET, A DELTA ANGLE OF 05o37’03”, AN ARC LENGTH OF 27.94 FEET AND A CHORD BEARING N86o40’23”E FOR A DISTANCE OF 27.93 FEET; THENCE N89o28’55”E ALONG A LINE BEING 70.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 196.13 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 215.00 FEET, A DELTA ANGLE OF 12o53’24”, AN ARC LENGTH OF 48.37 FEET AND A CHORD BEARING N83o02’13”E FOR A DISTANCE OF 48.27 FEET; THENCE N76o35’31”E A DISTANCE OF 8.27 FEET; THENCE N46o35’31”E A DISTANCE OF 21.08 FEET TO A POINT ON THE WEST R.O.W. LINE OF DIERS AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A COUTNER CLOCKWISE DIRECTION HAVING A RADIUS OF 280.00 FEET, A DELTA ANGLE OF 09o26’41”, AN ARC LENGTH OF 46.16 FEET AND A CHORD BEARING S25o47’28”E FOR A DISTANCE OF 46.10 FEET; THENCE CONTINUING ALONG SAID WEST R.O.W. LINE S30o49’40”E A DISTANCE OF 57.82 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 23,122 SQURE FEET MORE OR LESS. $234,460.00 Total= $234,460.00 WHEREAS, an agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above Grand Island Council Session - 9/13/2022 Page 138 / 306 - 2 - described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 139 / 306 Grand Island Council Session - 9/13/2022 Page 140 / 306 Grand Island Council Session - 9/13/2022 Page 141 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-19 #2022-250 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Staab Brothers Partnership- 1810 N Diers Avenue) Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 9/13/2022 Page 142 / 306 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:September 13, 2022 Subject:Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022- P-4 (Staab Brothers Partnership- 1810 N Diers Avenue) Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Claud Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. These Diers Avenue improvements are the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project would involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. A temporary construction easement is needed to accommodate the construction activities for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, which must be approved by City Council. The temporary construction easement will allow for the roadway improvements to this area. A sketch is attached to show the temporary construction easement area. Grand Island Council Session - 9/13/2022 Page 143 / 306 Discussion A temporary construction easement is needed for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 to be constructed. Engineering staff of the Public Works Department negotiated with the property owner for use of such temporary construction easement area. Property Owner Legal Description Cost STAAB BROTHERS PARTNERSHIP A TEMPORARY EASEMENT CONSISTING OF PART OF A PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT NO. 93-108517, BEING LOT 3 AND THE NORTH 140 FEET OF LOT 4 OF TOUKAN SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN INSTRUMENT NO. 93- 108517; THENCE ON AN ASSUMED BEARING OF N00o35’21”W ALONG THE WEST LINE OF SAID PARCEL TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF PROPOSED ROAD RIGHT-OF-WAY (R.O.W.), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE N00o35’21”W A DISTANCE OF 28.87 FEET; THENCE N89o28’55”E A DISTANCE OF 215.07 FEET; THENCE N00o27’56”E A DISTANCE OF 29.87 FEET; THENCE S89o32’04”E A DISTANCE OF 69.49 FEET TO A POINT ON THE WEST R.O.W. LINE OF DIERS AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 280.00 FEET, A DELTA ANGLE OF 07o23’44”, AN ARC LENGTH OF 36.14 FEET AND A CHORD BEARING S17o22’16”E FOR A DISTANCE OF 36.12 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH LINE OF PROPOSED ROAD R.O.W.; THENCE S46o35’31”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 21.08 FEET; THRNCE CONTINUING ALONG SAID NORTH LINE S76o35’31”W A DISTANCE OF 8.27 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID NORTH LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 215.00 FEET, A DELTA ANGLE OF 12o53’24”, AN ARC LENGTH OF 48.37 FEET AND A CHORD BEARING S83o02’13”W FOR A DISTANCE OF 48.27 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S89o28’55”W A DISTANCE OF 196.13 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG $44,710.00 Grand Island Council Session - 9/13/2022 Page 144 / 306 SAID NORTH LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 285.00 FEET, A DELTA ANGLE OF 05o37’03”, AN ARC LENGTH OF 27.94 FEET AND A CHORD BEARING S86o40’23”W FOR A DISTANCE OF 27.93 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 9,926 SQUARE FEET MORE OR LESS. Total= $44,710.00 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 Temporary Construction Easement between the City of Grand Island and the affected property owner for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, in the total amount of $44,710.00. Sample Motion Move to approve the temporary construction easement. Grand Island Council Session - 9/13/2022 Page 145 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-250 WHEREAS, a temporary construction easement is required by the City of Grand Island, from property described below to construct Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4: Property Owner Legal Description Cost STAAB BROTHERS PARTNERSHIP A TEMPORARY EASEMENT CONSISTING OF PART OF A PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT NO. 93-108517, BEING LOT 3 AND THE NORTH 140 FEET OF LOT 4 OF TOUKAN SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN INSTRUMENT NO. 93-108517; THENCE ON AN ASSUMED BEARING OF N00o35’21”W ALONG THE WEST LINE OF SAID PARCEL TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF PROPOSED ROAD RIGHT-OF-WAY (R.O.W.), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE N00o35’21”W A DISTANCE OF 28.87 FEET; THENCE N89o28’55”E A DISTANCE OF 215.07 FEET; THENCE N00o27’56”E A DISTANCE OF 29.87 FEET; THENCE S89o32’04”E A DISTANCE OF 69.49 FEET TO A POINT ON THE WEST R.O.W. LINE OF DIERS AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 280.00 FEET, A DELTA ANGLE OF 07o23’44”, AN ARC LENGTH OF 36.14 FEET AND A CHORD BEARING S17o22’16”E FOR A DISTANCE OF 36.12 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH LINE OF PROPOSED ROAD R.O.W.; THENCE S46o35’31”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 21.08 FEET; THRNCE CONTINUING ALONG SAID NORTH LINE S76o35’31”W A DISTANCE OF 8.27 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID NORTH LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 215.00 FEET, A DELTA ANGLE OF 12o53’24”, AN ARC LENGTH OF 48.37 FEET AND A CHORD BEARING S83o02’13”W FOR A DISTANCE OF 48.27 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S89o28’55”W A DISTANCE OF 196.13 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID NORTH LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A RADIUS OF 285.00 FEET, A DELTA ANGLE OF 05o37’03”, AN ARC LENGTH OF 27.94 FEET AND A CHORD BEARING S86o40’23”W FOR A DISTANCE OF 27.93 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 9,926 SQUARE FEET MORE OR LESS. $44,710.00 Total= $44,710.00 Grand Island Council Session - 9/13/2022 Page 146 / 306 - 2 - WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owner for the Temporary Construction easement on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 147 / 306 Grand Island Council Session - 9/13/2022 Page 148 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-20 #2022-251 - Approving Assistance to Firefighters Grant Program for the Purchase of SCBAs Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 9/13/2022 Page 149 / 306 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:September 13, 2022 Subject:Approving Assistance to Firefighter Grant Presenter(s):Cory Schmidt, Fire Chief Background The Grand Island Fire Department (GIFD) utilizes self-contained breathing apparatus (SCBA) to supply safe breathing air to firefighters while they are working in atmospheres that are immediately dangerous to life and health. The current SCBAs in use are over 15 years old and in need of replacement. Due to budget challenges, the decision was made to apply for an Assistance to Firefighters Grant to help with the cost. Discussion The GIFD applied for a grant from the Assistance to Firefighters Grant program on January 21, 2022 to assist with the purchase of SCBAs. On August 31, 2022, the GIFD was notified that an AFG was awarded in the amount of $352,545.45. Fire administration is requesting Council’s approval to accept the grant. In addition to the grant funds, the City will have approximately $150,000 in additional expense to purchase SCBAs for the fire department. The purchase of new SCBAs was included in the GIFD’s capital budget request for FY 2022-23. 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 - 9/13/2022 Page 150 / 306 Recommendation City Administration recommends that the Council accept the grant from the Assistance to Firefighter Grant program for the purchase of SCBAs. Sample Motion Move to approve acceptance of the grant from the Assistance to Firefighters Grant program for the purchase of SCBAs. Grand Island Council Session - 9/13/2022 Page 151 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-251 WHEREAS, the Grand Island Fire Department (GIFD) utilizes self-contained breathing apparatus (SCBA) to supply safe breathing air to firefighters; and WHEREAS, the current SCBAs used by the GIFD are over 15 years old and need replaced; and WHEREAS, on January 21, 2022, fire administration applied for a grant through the Assistance to Firefighters Grant program to help cover the cost of new SCBAs; and WHEREAS, on August 31, 2022 the GIFD was notified of a pending grant award in the amount of $352,545.45. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, move to approve the acceptance of the grant from the Assistance to Firefighters Grant program in the amount of $352,545.45 for the purchase of SCBAs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 152 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-21 #2022-252 - Approving Purchase of SCBAs Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 9/13/2022 Page 153 / 306 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:September 13, 2022 Subject:Purchase of SCBAs Presenter(s):Cory Schmidt, Fire Chief Background The Grand Island Fire Department (GIFD) utilizes self-contained breathing apparatus (SCBA) to supply safe breathing air to firefighters while they are working in atmospheres that are immediately dangerous to life and health. The current SCBAs in use are over 15 years old and in need of replacement. Discussion The GIFD requests Council approval to purchase 57 SCBAs, 114 air bottles, 76 facepieces, 4 RIT packs, and other related accessories to replace their current outdated units. A committee of GIFD members identified MSA as the preferred SCBA manufacturer based on quality, features, warranty, and service after the sale. The GIFD utilized the HGAC buying group to solicit a competitive bid from MSA Safety Sales LLC of Cranberry Township, PA for the amount of $499,843.20. The GIFD’s FY 2022-23 capital budget included budget authority of $525,000 for the purchase of SCBAs. Due the $352,545.45 grant from FEMA’s Assistance to Firefighters Grant program, the City’s total cost will be approximately $150,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/13/2022 Page 154 / 306 Recommendation City Administration recommends that the Council approved the purchase of SCBAs and related equipment from MSA Safety Sales LLC of Cranberry Township, PA for the amount of $499,843.20. Sample Motion Move to approve the purchase of SCBAs and related equipment from MSA Safety Sales LLC of Cranberry Township, PA for the amount of $499,843.20. Grand Island Council Session - 9/13/2022 Page 155 / 306 Contract No.:EE-0819 Date Prepared:8/11/2022 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:Description: Cost Cost 338374.8 90674.46 29260 4064.9 3149.36 18325.28 5000 10994.4 Subtotal B: 499843.2 Cost Cost Subtotal C: 0 0% D. Total Cost before any other applicable Charges, Trade-Ins, Allowances, Discounts, Etc. (A+B+C) 499843.2 =Subtotal D: 0 Cost Cost Subtotal E: 0 0F. Total Purchase Price (D+E): Delivery Date: Subtotal From Additional Sheet(s): Quantity Ordered: For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). X Subtotal of A + B + C: E. Other Charges, Trade-Ins, Allowances, Discounts, Etc. CONTRACT PRICING WORKSHEET For Standard Equipment Purchases MSA G1 SCBA PURCHASE A. Product Item Base Unit Price Per Contractor's H-GAC Contract: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. STEVE EARLE 314-607-6849 STEVE.EARLE@MSASAFETY.COM 10158385 (x4) - Charging station - Accessory Subtotal From Additional Sheet(s): 10156426-SP (x4) - G1 SCBA cylinder - 4500/60 min. 10192834 - (x8) Premaire Cadet - Configured - Accessory 10207542 - (x4) -RescueAire 2 RIT pack, UEBSS-Accessory Description Description 10147841-SP (x10) G1 Lion reachrgeable battery-Accessory 10161810 - (x76) G1 face piece - medium GRAND ISLAND FIRE DEPARTMENT TIM HIEMER (308) 385-5311 THIEMER@GRAND-ISLAND.COM MSA B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code in description if applicable (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Description A-G1FS-422MA2COLAR (X57) - G1 SCBA 10156424-SP - (x114) G1 SCBA cylinder - 4500/45 min C. Unpublished Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Description Grand Island Council Session - 9/13/2022 Page 156 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-252 WHEREAS, the Grand Island Fire Department (GIFD) utilizes self-contained breathing apparatus (SCBA) to supply safe breathing air to firefighters; and WHEREAS, the current SCBAs used by the GIFD are over 15 years old and need replaced; and WHEREAS, GIFD personnel identified MSA as the preferred manufacturer of SCBAs based on quality, features, warranty, and service after the sale; and WHEREAS, the HGAC buying group was utilized to locate a competitive bid; WHEREAS, MSA Safety Sales LLC of Cranberry Township, PA was the chosen vendor for the SCBAs, spare bottles, facepieces, and accessories for a total cost of $499,843.20. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, move to approve the purchase of SCBAS, spare bottles, facepieces, and accessories from MSA Safety Sales LLC of Cranberry Township, PA for a cost of $499,843.20. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 157 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-22 #2022-253 - Approving Memorandum of Understanding to the Labor Contract between the City of Grand Island and the Fraternal Order of Police Grand Island Lodge No. 24 Bargaining Unit Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/13/2022 Page 158 / 306 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:September 13, 2022 Subject:Consideration of Approving Memorandum of Understanding to the Labor Contract between the City of Grand Island and the Fraternal Order of Police (FOP) Grand Island Lodge No. 24 Bargaining Unit Presenter(s): Aaron Schmid, Human Resources Director Background The City Of Grand Island (City) maintains a labor agreement with the Fraternal Order of Police (FOP) Grand Island Lodge No. 24. Proposed changes to the labor agreement must be mutually agreed upon between the City and the Union. In December of last year, Council approved a referral incentive for existing Officers who successfully recruit applicants. The referral program offers a $300 incentive towards the referral of one non-certified applicant that makes the Civil Service eligibility list. A $500 incentive for the referral of two or more non-certified applicants that make the eligibility list. A $500 incentive for the referral of one or more certified applicants the make the eligibility list. Lastly, a $1,700 incentive if one or more of the referred applicants is hired. Discussion The staffing of Police Officers at the Grand Island Police Department continues to be an issue. While positions are being filled, turnover is outpacing recruitment. The Police Department and FOP would like to continue the referral incentive program to run concurrent with the new labor agreement. The labor agreement runs from October 1, 2022 through September 30, 2025. The referral incentive has been beneficial. We have seen an increase in quality applicants and now certified applicants. In the May 2022 testing cycle, three non-certified applicant referrals made the eligibility list and two non- certified candidates were hired. In the August 2022 testing cycle, four non-certified applicant referrals and two certified applicant referrals made the eligibility list. Employment offers are still in process in the current cycle. Grand Island Council Session - 9/13/2022 Page 159 / 306 Alternatives It appears 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 The City Administration recommends approval of the Memorandum of Understanding to the Labor Contract between the City of Grand Island and the Fraternal Order of Police (FOP) Grand Island Lodge No. 24 Bargaining Unit. Sample Motion Move to approve the MOU to the Labor Contract between the City and the FOP. Grand Island Council Session - 9/13/2022 Page 160 / 306 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) between the City of Grand Island, Nebraska (City), and the Fraternal Order of Police Grand Island Lodge No. 24 (FOP) sets forth terms and conditions agreed to by the parties as follows: I. The parties agree the present labor agreement (Labor Agreement) between the City and FOP for those employees of the City’s Police Department represented by the FOP remains in effect for the period previously negotiated by the parties, that being through September 30, 2025. The parties agree this MOU does not alter the terms of the Labor Agreement or make those terms subject to renegotiation before the expiration (September 30, 2025) without a separate written agreement between the parties memorializing such. The parties agree this MOU only affects the provisions contained herein, temporarily alters certain provisions regarding referral incentives as stated below, those alterations are of an experimental nature with the consent of the parties, and any permanent alterations will require a formal amendment of the Labor Agreement with approval of the parties. II. The terms of the MOU will commence upon City Council approval and end on September 30, 2025. III. Either party may terminate the MOU with or without cause by providing written notice to the other party at least thirty (30) days prior to the date of termination. IV. The following provisions of the Labor Agreement shall be altered for the period this MOU is in effect. Alterations pursuant to this MOU will be in italics and bold faced type. The alterations listed below are not of a permanent nature, are only in effect while the MOU is in effect, and do not make the terms listed below or any of the terms contained in the Labor Agreement subject to renegotiation. Grand Island Council Session - 9/13/2022 Page 161 / 306 2 ARTICLE VIII – SPECIAL PAY D. REFERRAL INCENTIVE The department shall use a referral incentive to award employees of the bargaining unit who successfully bring new talent into the department by helping to recruit Police Officer positions. The following details the terms of the incentive. A three hundred dollar ($300) incentive for the referral of one (1) non-certified applicant that is placed on the Civil Service Commission’s list of persons eligible for appointment in the hiring cycle. A five hundred dollar ($500) incentive for the referral of two or more (2+) non-certified applicants that are placed on the Civil Service Commission’s list of persons eligible for appointment in the hiring cycle. A five hundred dollar ($500) incentive for the referral of one or more (1+) certified Police Officer applicants that are placed on the Civil Service Commission’s list of persons eligible for appointment in the hiring cycle. An additional seventeen hundred dollar ($1,700) incentive if the department hires one or more (1+) of the referred applicants, certified or non-certified. An eligibility list is defined as those eligible for appointment to the department by the appointing authority. “Hired” is defined as the new employee beginning the first day of employment. Referrals will be based on hiring cycles. A hiring cycle commences when the appointing authority makes a requisition upon the Civil Service Commission for the names and addresses of persons eligible for appointment and is complete once an eligibility list has been certified. The parties agree this document constitutes the entirety of the terms and conditions of this MOU. This MOU shall not be altered or modified in any way unless agreed to by all parties thereto, memorialized in writing, and executed by the parties. Witness Our Hands: Grand Island Council Session - 9/13/2022 Page 162 / 306 3 THE CITY OF GRAND ISLAND ____________________ By ________________________________ Date Roger G. Steele, Mayor FOP GRAND ISLAND LODGE NO. 24 ____________________ By ________________________________ Date Dale Hilderbrand, President Grand Island Council Session - 9/13/2022 Page 163 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-253 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the City necessary to the exercise of its corporate powers; and WHEREAS, an employee bargaining unit at the City Of Grand Island is represented by the Fraternal Order of Police (FOP) Grand Island Lodge No. 24; and WHEREAS, representatives of the City and FOP met to negotiate a labor memorandum of understanding; and WHEREAS, the labor memorandum of understanding renews the referral incentive for FOP members; and WHEREAS, the City reached an agreement with the FOP and the agreement has been 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 to execute the Labor Memorandum of Understanding by and between the City Of Grand Island and the Fraternal Order of Police (FOP) Grand Island Lodge No. 24 for the period of September 13, 2022 through September 30, 2025. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor ATTEST: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 164 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-23 #2022-254 - Approving Ryder Park Playground Fundraising Agreement Amendment Staff Contact: Todd McCoy Grand Island Council Session - 9/13/2022 Page 165 / 306 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 13, 2022 Subject:Approving Amendment to Fundraising Agreement for the Fundraising of a New Playground at Ryder Park Presenter(s):Todd McCoy, Parks and Recreation Director Background City was approached by students and staff from the Central Community College Occupational Therapy Class with the idea of raising funds to building a new community inclusive playground. After much discussion and excitement generated from community leaders, City staff, and the Community Foundation, the decision was made to move forward to raise money for the project proposed at Ryder Park. The location was chosen because Ryder Park is centrally located, has good access to parking and restrooms, and has potential to benefit from future park developments. In July of 2021 City Council approved Resolution 2021-186 to add a new playground in Ryder Park. On January 11, 2022 via Resolution 2022-13 City Council approved an agreement with the Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island Community Foundation for fundraising of the Ryder Park playground. On April 12, 2022 City Council approved Resolution 2022-104 to name the proposed playground after Tom and Sue Pirnie because of their $200,000 gift and recognize donors of $5,000 or more with onsite signage. Discussion Initially CCCF planned to handle all the fundraising efforts for the playground; however, CCCF found that there are potential grants that requires the owner to apply. City staff recommends amending the fundraising agreement so that the City can help with fundraising efforts by applying for grants that require the owner’s submission. Grand Island Council Session - 9/13/2022 Page 166 / 306 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 City Council approve the agreement amendment for fundraising of a donated playground to be constructed in Ryder Park so that private funds can be raised for the project. Sample Motion Move to approve the agreement amendment. Grand Island Council Session - 9/13/2022 Page 167 / 306 Grand Island Council Session - 9/13/2022 Page 168 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-254 WHEREAS, the City was approached by students and staff from Central Community College Occupational Therapy Class with the idea of raising funds to build a new community inclusive playground in Ryder Park; and WHEREAS, on July 21, 2021 City Council approved Resolution 2021-186 to add a new playground in Ryder Park, on January 11, 2022 approved Resolution 2022-13 for the City Council to approve an agreement with the Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island Community Foundation for fundraising of the Ryder Park playground and on April 12, 2022 approved Resolution 2022-104 for the City Council to approve the recognition of donors of $5,000 or more with onsite signage; and WHEREAS, initially CCCF planned to handle all the fundraising efforts for the playground; however, CCCF found that there are potential grants that requires the owner to apply; and WHEREAS, City staff recommends amending the fundraising agreement so that the City can help with fundraising efforts by applying for grants that require the owner’s submission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council approve the Agreement Amendment so that the City can help with fundraising efforts by applying for grants that require the owner’s submission. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 169 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-24 #2022-255 - Approving Ryder Park Playground Grant Application Staff Contact: Todd McCoy Grand Island Council Session - 9/13/2022 Page 170 / 306 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 13, 2022 Subject:Peter Kiewit Grant Application Approval Presenter:Todd McCoy, Parks and Recreation Director Background The Parks and Recreation Department in cooperation with the Central Community College Foundation (CCCF) is proposing to submit a grant application to the Peter Kiewit Foundation for funding to build a new playground proposed at Ryder Park. The application will be requesting up to $150,000 to assist in funding of the estimated $1.1 million project. In July of 2021 City Council approved Resolution 2021-186 to add a new playground in Ryder Park. On January 11, 2022 via Resolution 2022-13 City Council approved an agreement with the Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island Community Foundation for fundraising of the Ryder Park playground. On April 12, 2022 City Council approved Resolution 2022-104 to name the proposed playground after Tom and Sue Pirnie because of their $200,000 gift and recognize donors of $5,000 or more with onsite signage. Discussion Initially CCCF planned to handle all the fundraising efforts for the playground; however, CCCF found that there are potential grants that requires the owner to apply. City staff recommends submitting the playground application to the Peter Kiewit Foundation so that the City can help with fundraising efforts by applying for grants that require the owner’s submission. Grand Island Council Session - 9/13/2022 Page 171 / 306 Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Take no action on the issue. Recommendation City Administration recommends that Council approve the grant application submission to the Peter Kiewit Foundation for funding to build a new playground proposed at Ryder Park and authorize the Mayor to sign all related documents. Sample Motion Move to approve the grant application for the Peter Kiewit Foundation and authorize the Mayor to sign all related documents. Grand Island Council Session - 9/13/2022 Page 172 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-255 WHEREAS, the Parks and Recreation Department in cooperation with the Central Community College Foundation (CCCF) is proposing to submit a grant application to the Peter Kiewit Foundation for funding to build a new playground proposed at Ryder Park. The application will be requesting up to $150,000 to assist in funding of the estimated $1.1 million project; and WHEREAS, initially Central Community College Foundation, Inc. (CCCF) and the Greater Grand Island Community Foundation planned to handle all the fundraising efforts for the playground; however, CCCF found that there are potential grants that requires the owner to apply; and WHEREAS, City staff recommends submitting the playground application to the Peter Kiewit Foundation so that the City can help with fundraising efforts by applying for grants that require the owner’s submission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council approve the grant application submission to the Peter Kiewit Foundation for funding to build a new playground proposed at Ryder Park and authorize the Mayor to sign all related documents. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 173 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-25 #2022-256 - Approving Change Order #1 for Stolley Park Splash Pad Staff Contact: Todd McCoy Grand Island Council Session - 9/13/2022 Page 174 / 306 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 13, 2022 Subject:Approving Stolley Park Splash Pad Change Order No. 1 Presenter(s):Todd McCoy, Parks and Recreation Director Background Replacing the Stolley Park wading pool with a new splash pad is included in the current City budget. The Stolley wading pool is nearly 40 years old and is labor intensive to maintain. A modern splash pad will require less maintenance and be an attractive addition to Stolley Park. On March 8, 2022 City Council approved Resolution 2022-59 to demo the existing Stolley wading pool. On April 26, 2022 Council approved Resolution 2022-121 to construct a new splash pad at Stolley Park. Discussion Staff is recommending adding Life Floor safety surfacing to enhance the splash pad project at Stolley Park. Adding the nonslip rubberized flooring will not only increase safety but make the splash pad more appealing and attractive to users. From the Life Floor website www.lifefloor.com: “At Life Floor, we believe safety surfacing dramatically improves the user experience. It completes the immersive experience you’ve planned and budgeted for, combining safety, playfulness, and utility all in one. In fact, because of the way Life Floor performs with water, it’s actually an additional added feature that activates the entire splash pad. Life Floor is a feature because it encourages different kinds of play. The entire splash zone is energized when Life Floor is the surface. Kids cartwheel, jump, somersault, crawl, and tumble their way through spray features. In other words, users play in more ways with Life Floor. By equipping the surface for play, designers can engage 90% more of the aquatic facility.” Grand Island Council Session - 9/13/2022 Page 175 / 306 Approval of Change Order No. 1 will increase the cost of the contract with Crouch Recreation to construct a splash pad by $38,450.00. Food and Beverage Tax proceeds will be utilized to complete the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve Change Order No. 1 with Crouch Recreation, Inc. of Elkhorn, Nebraska in the amount of $38,450.00 for a new contract total of $233,355. Sample Motion Move to approve Change Order No. 1 to Crouch Recreation, Inc. of Elkhorn, Nebraska. Grand Island Council Session - 9/13/2022 Page 176 / 306 City Hall • 100 East First Street • Box 1968 • Grand Island, Nebraska 68802-1968 (308) 385-5444 ext. 290 • Fax: 385-5488 Parks & Recreation Department Working Together for a Better Tomorrow, Today. CHANGE ORDER #1 TO:Crouch Recreation Inc. 2435 S 156th Circle Omaha, NE 68130 PROJECT:New Stolley Park Splash Pad You are hereby directed to make the following change in your contract. 1.Add a Life Floor Safety Surface increase $38,450.00 __________________________________________________________ The original Contract Sum $194,905.00 Previous Change Order Amount $ 0.00 The Contract Sum is increased by this Change Order $ 38,450.00 The total modified Contract Sum to date $233,355.00 The Contract Time is revised. ___________________________________________________________ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described herein. Additional claims will not be considered. APPROVED:CITY OF GRAND ISLAND By ________________________________________Date _______________ Mayor Attest _____________________________________ ___________________________________ Approved as to Form, City Attorney ACCEPTED:Crouch Recreation Inc. By ________________________________________Date _______________ Grand Island Council Session - 9/13/2022 Page 177 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022 256 WHEREAS, on April 26, 2022 by Resolution 2022-121, the City Council of the City of Grand Island awarded Crouch Recreation Inc. from Elkhorn, Nebraska, the bid in the amount of $194,905.00, for Stolley Park Splash Pad; and WHEREAS, staff is recommending adding a Life Floor Safety Surfacing to enhance the splash pad project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, such modifications will be funded through the Food & Beverage Tax; and WHEREAS, the result of such modifications will increase the contract amount by $38,450.00 for a revised contract price of $233,355.00. 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. 1 between the City of Grand Island and Crouch Recreation Inc. from Elkhorn, Nebraska to provide the modifications set out as follows: 1.Adding a Life Floor Safety Surface increase $38,450.00 Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 178 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-26 #2022-257 - Approving Change Order #3 for JBS Trail Staff Contact: Todd McCoy Grand Island Council Session - 9/13/2022 Page 179 / 306 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 13, 2022 Subject:Approve Change Order No. 3 to Diamond Engineering Co. for the JBS Connector Trail Construction Presenter(s):Todd McCoy, Parks and Recreation Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $618,752.16 contract on July 27, 2021, via Resolution No. 2021-180, to build a new ten (10) foot wide concrete trail approximately one (1) mile extending from the existing John Brownell Beltline trail east and ending at the JBS plant. On August 24, 2021, via Resolution No. 2021-208, City Council approved Change Order No. 1 to the JBS Trail construction project to modify the pedestrian crossing system. Such change order decreased the original contract amount by $15,952.00, resulting in a revised amount of $602,800.16. On October 26, 2021, via Resolution No. 2021-208, City Council approved Change Order No. 2 to the JBS Trail construction project to reconstruct a proposed culver. Such change order funded by Public Works increase the original contract amount by $231,500.00, resulting in a revised amount of $834,300.16. Discussion The following additional items were found to be required for the successful completion/enhancement of the project. New Trail Bridge Railing $2,900.00 Construct French Drain $2,200.00 Construct Retaining Wall to Protect Utility Pole $6,960.00 Add Four Concrete Barricades $2,000.00 Change Order No. 3 Total:$14,060.00 The new contract amount as a result of Change Order No. 3 is $848,360.16. Grand Island Council Session - 9/13/2022 Page 180 / 306 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 City Council approve JBS Connector Trail Change Order No. 3 in the amount of $14,060.00. Doing so will increase the total amount of the contract with Diamond Engineering Co. to $848,360.16. Sample Motion Move to approve Change Order No. 3 to Diamond Engineering Co. Grand Island Council Session - 9/13/2022 Page 181 / 306 City Hall • 100 East First Street • Box 1968 • Grand Island, Nebraska 68802-1968 (308) 385-5444 ext. 290 • Fax: 385-5488 Parks & Recreation Department Working Together for a Better Tomorrow, Today. CHANGE ORDER #3 TO:Diamond Engineering Co. PO Box 1327 Grand Island, NE 68802 PROJECT:JBS Connector Trail Construction You are hereby directed to make the following change in your contract. 1.New Trail Bridge Railing increase $2,900.00 2.Construct French Drain increase $2,200.00 3.Construct Retaining Wall to Protect Utility Pole increase $6,960.00 4.Add Four Concrete Barricades increase $2,000.00 __________________________________________________________ The original Contract Sum $618,752.16 Previous Change Order Amount $215,548.00 The Contract Sum is increased by this Change Order $ 14,060.00 The total modified Contract Sum to date $848,360.16 The Contract Time is revised. ___________________________________________________________ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described herein. Additional claims will not be considered. APPROVED:CITY OF GRAND ISLAND By ________________________________________Date _______________ Mayor Attest _____________________________________ ___________________________________ Approved as to Form, City Attorney ACCEPTED:Diamond Engineering Co. By ________________________________________Date _______________ Grand Island Council Session - 9/13/2022 Page 182 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-257 WHEREAS, on July 27, 2021 by Resolution 2021-180, August 24, 2021 by Resolution 2021-208 and October 26, 2021 by Resolution 2021-297 the City Council of the City of Grand Island awarded Diamond Engineering Co. of Grand Island, Nebraska, the bid in the amount of $618,752.16, Change Order #1 amount (-$15,952.00) and Change Order #2 amount $231,500.00 for the JBS Connector Trail Construction; and WHEREAS, additional items were found to be required for the successful completion/enhancement of the project; and WHEREAS, such modifications will be funded through the JBS Donation Account and Food and Beverage Tax; and WHEREAS, such modifications have been incorporated into Change Order No. 3; and WHEREAS, the result of such modifications will increase the contract amount by $14,060.00 for a revised contract price of $848,360.16. 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. 3 between the City of Grand Island and Diamond Engineering Co. of Grand Island, Nebraska to provide the modifications set out as follows: 1. New Trail Bridge Railing………………………………………..……… increase $2,900.00 2. Construct French Drain……………..………………………………...….increase $2,200.00 3. Construct Retaining Wall to Protect Utility Pole………………………...increase $6,960.00 4. Add Four (4) Concrete Barricades………………………………...……..increase $2,000.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 183 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-27 #2022-258 - Approving Change Order #1 for Ashley Park Irrigation Staff Contact: Todd McCoy Grand Island Council Session - 9/13/2022 Page 184 / 306 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 13, 2022 Subject:Ashley Park Irrigation Change Order No. 1 Presenter(s):Todd McCoy, Parks and Recreation Director Background On April 12, 2022 via Resolution 2022-86 City Council approved the contract with Precision Sprinklers of Hastings, Nebraska in the amount of $96,500.00 to install a new sprinkler system in Ashley Park. Discussion During construction the following additional items were found to be required to successfully complete the project. Item Unit Price Quantity Total Price I-20 Rotors $13.05 60 $783.00 Hunter Decoders $143.30 3 $429.90 Hunter 1 ½” Valves $59.27 3 $177.81 Valve Boxes $26.99 3 $80.97 Plumbing water out of pit $502.65 1 $502.65 Additional 3” Poly Main Line $2,400.00 1 $2,400.00 $4,374.33 The total increase to the existing contract from Change Order No. 1 is $4,374.33. 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 - 9/13/2022 Page 185 / 306 Recommendation City Administration recommends that the City Council approve Ashley Park Irrigation Change Order No. 1 in the amount of $4,374.33. Doing so will increase the total amount of the contract with Precision Sprinklers to $100,874.33. Sample Motion Move to approve Change Order No. 1 to Precision Sprinklers of Hastings, Nebraska. Grand Island Council Session - 9/13/2022 Page 186 / 306 City Hall • 100 East First Street • Box 1968 • Grand Island, Nebraska 68802-1968 (308) 385-5444 ext. 290 • Fax: 385-5488 Parks & Recreation Department Working Together for a Better Tomorrow, Today. CHANGE ORDER #1 TO:Precision Sprinklers Inc. PO Box 306 Hastings, NE 68902 PROJECT:Furnishing and Installation of Irrigation in Ashley Park You are hereby directed to make the following change in your contract. 1.I-20 Rotors increase $ 783.00 2.Hunter Decoders increase $ 429.90 3.Hunter 1 ½” valves increase $ 177.81 4.Valve Boxes increase $ 80.97 5.Plumbing water out of pit increase $ 502.65 6.Additional 3” Poly Main Line increase $2,400.00 __________________________________________________________ The original Contract Sum $ 96,500.00 Previous Change Order Amount $ 0.00 The Contract Sum is increased by this Change Order $ 4,374.33 The total modified Contract Sum to date $100,874.33 The Contract Time is revised. ___________________________________________________________ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described herein. Additional claims will not be considered. APPROVED:CITY OF GRAND ISLAND By ________________________________________Date _______________ Mayor Attest _____________________________________ ___________________________________ Approved as to Form, City Attorney ACCEPTED:Precision Sprinklers Inc. By ________________________________________Date _______________ Grand Island Council Session - 9/13/2022 Page 187 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-258 WHEREAS, on April 12, 2022 by Resolution 2022-86, the City Council of the City of Grand Island awarded Precision Sprinklers from Hastings, Nebraska, the bid in the amount of $96,500.00, for the Furnishing and Installation of Irrigation System at Ashley Park; and WHEREAS, it has been determined that additional irrigation supplies are needed to successfully complete the project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, such modifications will be funded through the Food & Beverage Tax; and WHEREAS, the result of such modifications will increase the contract amount by $4,374.33 for a revised contract price of $100,874.33. 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. 1 between the City of Grand Island and Precision Sprinklers from Hastings, Nebraska to provide the modifications set out as follows: 1.I-20 Rotors increase $ 783.00 2.Hunter Decoders increase $ 429.90 3.Hunter 1 ½” valves increase $ 177.81 4.Valve Boxes increase $ 80.97 5.Plumbing Water Out of Pit increase $ 502.65 6.Additional 3” Poly Main Line increase $2,400.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 188 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-28 #2022-259 - Approving Final Plat and Subdivision Agreement for Continental Gardens Third Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/13/2022 Page 189 / 306 Council Agenda Memo From:Regional Planning Commission Meeting:September 13, 2022 Subject:Continental Gardens Third Subdivision- Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of State Street and east of Webb Road. This property is zoned RO Residential Office. All of the lots can be served by the existing streets and water and sewer will be extended as needed. (3 Lots, 3.156 Acres) Discussion The final plat for Continental Gardens Third Subdivision was considered at the Regional Planning Commission at the September 7, 2022 meeting on the consent agenda. A motion was made by Ruge and second by Randone to approve all items the consent agenda. The motion was carried with ten members voting in favor (Nelson, O’Neill, Ruge, Olson, Robb, Monter, Rainforth, Hendricksen, Rubio and Randone) and no members voting no or abstaining. 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 - 9/13/2022 Page 190 / 306 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/13/2022 Page 191 / 306 Developer/Owner GH Construction c\o Dustin Hasselmann 3761 Starwood Drive Grand Island, NE 68803 To create 3 Lots from a single parcel Size: Final Plat 3 lots, 3.156 Acres Zoning: RO Residential Office Road Access: State Street and Webb Road are commercial standard streets. Access will be restricted on Webb Road. Water: City water is available to the subdivision. Sewer: City sewer is available to the subdivision and will be extended to serve all lots. Grand Island Council Session - 9/13/2022 Page 192 / 306 S89°21'55"E 540.05'(M) 540.01'(P) 540.03'(P1)N00°28'20"W 214.15'(M) 214.00'(P) 214.20'(P1)S89°52'31"W 1.09'(M) 1.00'(P) 1.07'(P1) N00°10'47"E 5.96'(M) 6.00'(P) 5.98'(P1) N53°26'51"W 17.09'(M) 17.20'(P) 17.03'(P1) 60.61'(P1) 60.56'(M) S89°26'21"E S00°35'50"W 229.75'(M) 229.76'(P1)20' ELECTRICAL EASEMENT TO BE DEDICATED WITH THIS PLAT 20' UTILITY EASEMENT TO BE DEDICATED WITH THIS PLAT LOT 1 LOT 2 LOT 3 40' ACCESS EASEMENT TO BE DEDICATED WITH THIS PLATWEBB ROADSTATE STREET N89°24'19"W 581.65'(M,P1) S89°23'04"E 235.62'(M) N89°24'19"W 235.61'(M)N00°35'41"E 229.84'(M)S00°35'41"W101.17'(M)N89°24'19"W 326.04'(M)N00°28'20"W 85.20'(M)N00°28'20"W 128.94'(M)S89°21'55"E 364.99'(M) 20'(M) N89°24'19"W 342.59'(M) S89°21'55"E 540.05'(M) 540.01'(P) 540.03'(P1)N00°28'20"W 214.15'(M) 214.00'(P) 214.20'(P1)S89°52'31"W 1.09'(M) 1.00'(P) 1.07'(P1) N00°10'47"E 5.96'(M) 6.00'(P) 5.98'(P1) N53°26'51"W 17.09'(M) 17.20'(P) 17.03'(P1) 60.61'(P1) 60.56'(M) S89°26'21"E S00°35'50"W 229.75'(M) 229.76'(P1)20' ELECTRICAL EASEMENT TO BE DEDICATED WITH THIS PLAT 20' UTILITY EASEMENT TO BE DEDICATED WITH THIS PLAT LOT 1 LOT 2 LOT 3 40' ACCESS EASEMENT TO BE DEDICATED WITH THIS PLATWEBB ROADSTATE STREET N89°24'19"W 581.65'(M,P1) S89°23'04"E 235.62'(M) N89°24'19"W 235.61'(M)N00°35'41"E 229.84'(M)S00°35'41"W101.17'(M)N89°24'19"W 326.04'(M)N00°28'20"W 85.20'(M)N00°28'20"W 128.94'(M)S89°21'55"E 364.99'(M) 20'(M) N89°24'19"W 342.59'(M) OWNERS: HASSELMANN DEVELOPMENT, LLC SUBDIVIDER: HASSELMANN DEVELOPMENT, LLC SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 3 PROPERTY LINE SET CORNER (5/8"x24" REBAR W/CAP) MEASURED DISTANCE PLATTED DISTANCE REPLAT OF BLOCK 3 CONTINENTAL GARDENS M P SUBDIVISION BOUNDARY LINE NEW PROPERTY LINE FOUND CORNER (AS NOTED) FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 PLATTED DISTANCE CONTINENTAL GARDENS SECOND SUBP1 EASEMENT DISTANCEE A REPLAT OF ALL OF LOT 2, CONTINENTAL GARDENS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 137497.02 SQUARE FEET OR 3.156 ACRES MORE OR LESS. I HEREBY CERTIFY THAT ON _____________________________, 2022, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF A TRACT OF LAND CONSISTING OF A REPLAT OF ALL OF LOT 2, CONTINENTAL GARDENS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS. ___________________________________________________ JESSE E. HURT, REGISTERED LAND SURVEYOR NUMBER, LS-674 KNOW ALL MEN BY THESE PRESENTS, THAT HASSELMANN DEVELOPMENT, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNERS OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS " A REPLAT OF ALL OF LOT 2, CONTINENTAL GARDENS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT GRAND ISLAND, NEBRASKA THIS ____ DAY OF ____________________, 2022. _____________________________________ DUSTIN HASSELMANN, MANAGER HASSELMANN DEVELOPMENT, LLC, A NEBRASKA LIMITED LIABILITY COMPANY ON THIS _______ DAY OF __________________, 2022, BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED DUSTIN HASSELMANN, MANAGER, HASSELMANN DEVELOPMENT, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT GRAND ISLAND, NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _______________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS _______ DAY OF _______________________ , 2022. _______________________________ MAYOR _______________________________ CITY CLERK EASEMENT LINE Grand Island Council Session - 9/13/2022 Page 193 / 306 SUBDIVISION AGREEMENT CONTINENTAL GARDENS THIRD SUBDIVISION Lots 1-3 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, HASSELMAN DEVELOPMENT, LLC, a Nebraska Limited Liability Company, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A REPLAT OF ALL OF LOT 2, CONTINENTAL GARDENS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 137497.02 SQUARE FEET OR 3.156 ACRES MORE OR LESS. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as CONTINENTAL GARDENS THIRD SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/13/2022 Page 194 / 306 - 2 - belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said CONTINENTAL GARDENS THIRD SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for State Street and Webb Road where they abut the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. Grand Island Council Session - 9/13/2022 Page 195 / 306 - 3 - 5.Sidewalk. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.Electric. The Subdivider agrees to install all conduit, both primary and secondary, as well as all necessary transformer pads in the subdivision in accordance with plans and specifications approved by the Utilities Department, and subject to the City’s inspection. 7.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. 8.Access. The subdivider agrees that no access shall be provided to this property from Webb Road. Lots One (1), Two (2) and Three (3) shall only have access to State Street. Drive way access shall be approved by the Director of Public Works. 9.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 10.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed Grand Island Council Session - 9/13/2022 Page 196 / 306 - 4 - with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 11.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as CONTINENTAL GARDENS THIRD SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 12.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2022. HASSELMANN DEVELOPMENT, LLC, Subdivider By: ____________________________________ Dustin Hasselmann, Manager STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Dustin Hasselman, Manager of Hasselmann Development, LLC., known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of Hasselman Development, LLC. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA Grand Island Council Session - 9/13/2022 Page 197 / 306 - 5 - A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2022, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2022-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 9/13/2022 Page 198 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-259 WHEREAS know all men by these presents, that “Hasselmann Development , LLC, A Nebraska Limited Liability Company, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “CONTINENTIAL GARDENS THIRD SUBDIVISION”, A Replat of all of Lot 2, Continental Gardens Second Subdivision, in the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of CONTINENTAL GARDENS THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 199 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item G-29 #2022-260 - Approving Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2022-23 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/13/2022 Page 200 / 306 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:September 13, 2022 Subject:Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2022 - 2023 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department Boiler and Machinery Property Peril and Fire insurance is specifically designed for Electric Utility and is readily adaptable to the Water Utility, which is also included in the coverage. The standard policy excludes losses due to acts of terrorism unless the optional Terrorism Insurance is accepted. The Utilities Department’s insurance provider, FM Global, provided the attached proposal for renewal of the present coverage. The complete policy is available in the Utilities office for review, along with a Policy Holder Disclosure form for execution by the City, either accepting or rejecting terrorism coverage. The renewal proposal and proposed policy have been reviewed by the Legal Department. Discussion The proposed renewal is based on an insured valuation of $561,571,878, an increase of 10% from the previous year, with the annual all-risk premium changing from $549,612 for the current year to $634,802 for the 2022-2023 year, and an annual Terrorism Insurance premium of $36,713. The increase in valuation is due to the current escalation of construction costs. FM Global has applied a 10% membership credit of $87,949 in recognition of the long relationship between FM and the City as well as a 5% resiliency credit of $29,316 for improvements to strengthen Department facilities from natural risks. This results in a total premium of $592,750, which includes the Terrorism Insurance and policy fee of $38,500 from our broker, FNIC. The probability that a relatively remote location in the central part of the nation would be targeted for a terrorist attack may be very unlikely, but the determination of a terrorist attack is not clearly defined, such as an attack like the Oklahoma City Federal Building. Grand Island Council Session - 9/13/2022 Page 201 / 306 Regardless of the cause, the loss of a high valued asset as the Platte Generating Station must be protected from risk, and the acceptance of Terrorism Insurance is recommended. Execution of the Notice of Terrorism Insurance Coverage form is required annually and is recommended by the Utilities Department for approval. 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 renewal of the Utilities Department’s Terrorism Insurance with FM Global with execution of the Notice of Terrorism Insurance Coverage form to accept that coverage. Sample Motion Move to approve renewal of the Utilities Department’s Terrorism Insurance with FM Global with execution of the Notice of Terrorism Insurance Coverage form to accept that coverage. Grand Island Council Session - 9/13/2022 Page 202 / 306 Insurance Proposal for The City of Grand Island August 2022 Page 7 of 8 Terrorism US Terrorism The Terrorism Risk Insurance Act of 2002 as amended and extended in 2005, 2007, 2015 and again in 2019, requires that insurers advise clients of their option to elect or reject terrorism coverage under the act as part of their property program. It also requires insurers to disclose the cost of such coverage for the policy term. As a brief reminder, the act provides licensed, admitted carriers with a substantial federal reinsurance backstop for terrorism acts that are certified by the Secretary of the Treasury of the United States as covered events (known as certified losses). Generally speaking, the act responds strictly to events that take place within the United States, its protectorates, territories, and possessions. The Act has been extended to expire on 31 December 2027. Pursuant to the act, we are offering certified terrorism cover in the United States with no specific terrorism limit of liability meaning your certified terrorism limit would be equal to the policy limit of liability or any location or coverage sublimits in your policy. In addition, in the United States, the policy would no longer be subject to a terrorism sublimit for Flood, Miscellaneous Unnamed Locations, Miscellaneous Personal Property, Off Premises Storage For Property Under Construction, and Temporary Removal of Property and any terrorism exclusion for Service Interruption, Contingent Time Element Extended, Protection And Preservation of Property, Ingress/Egress, Logistics Extra Cost, Extended Period of Liability, Crisis Management and Attraction Property coverages. The premium for certified coverage is USD 36,713 for the term of October 1, 2022 to October 1, 2023 and does not include applicable taxes or surcharges. We have provided the Policyholder Disclosure Notice of Terrorism Coverage document. Please note the Disclosure form must be completed, signed and returned to Kevin Doak, Account Manager – Client Service, FM Global indicating your choice to accept or reject the certified terrorism coverage offered. TERRORISM As respects locations outside the United States and Puerto Rico, terrorism coverage is provided with a limit of USD5,000,000 in the aggregate during any policy year but not to exceed the following limit(s) in the aggregate during any policy year: a) USD5,000,000 limit in the aggregate during any policy year for miscellaneous unnamed locations, MISCELLANEOUS PERSONAL PROPERTY, OFF PREMISES STORAGE FOR PROPERTY UNDER CONSTRUCTION and TEMPORARY REMOVAL OF PROPERTY combined b) USD5,000,000 limit in the aggregate during any policy year for flood when caused by or resulting from terrorism These limits shall not include the actual cash value portion of fire damage caused by terrorism. Please see the attachment for the Terrorism Disclosure. Grand Island Council Session - 9/13/2022 Page 203 / 306 Insurance Proposal for The City of Grand Island August 2022 Page 8 of 8 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Insured Name: The City of Grand Island Account Number: 05249 The Terrorism Risk Insurance Act of 2002, as amended and extended in 2005, 2007, 2015 and again in 2019, gives you the right as part of your property renewal policy to elect or reject insurance coverage for locations within the United States or any territory or possession of the United States for losses arising out of acts of terrorism, as defined and certified in accordance with the provisions of the act. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES GOVERNMENT GENERALLY PAYS 80% OF COVERED TERRORISM LOSSES EXCEEDING A STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER REFERENCED ABOVE. ALSO, THERE IS A $100,000,000,000 CAP ON THE FEDERAL AND INSURER SHARE OF LIABILITY STATING THAT IF THE AGGREGATE INSURED LOSSES EXCEED $100,000,000,000 DURING ANY CALENDAR YEAR, NEITHER THE UNITED STATES GOVERNMENT NOR ANY INSURER THAT HAS MET ITS INSURER DEDUCTIBLE SHALL MAKE PAYMENT OR BE LIABLE FOR ANY PORTION OF THE AMOUNT OF SUCH LOSSES THAT EXCEED $100,000,000,000. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. ACCEPTANCE OR REJECTION OF TERRORISM INSURANCE COVERAGE: UNDER FEDERAL LAW, YOU HAVE THE RIGHT TO ACCEPT OR REJECT THIS OFFER OF COVERAGE FOR TERRORIST ACTS COVERED BY THE ACT AS PART OF YOUR RENEWAL POLICY. IF WE DO NOT RECEIVE THIS SIGNED DISCLOSURE FORM PRIOR TO THE RENEWAL POLICY EFFECTIVE DATE OF OCTOBER 1, 2022, THEN YOUR RENEWAL POLICY WILL REFLECT YOUR DECISION NOT TO PURCHASE THE TERRORISM COVERAGE PROVIDED BY THE ACT. _____________ I hereby elect to purchase coverage for terrorist acts covered by the act for an annual premium of USD 36,713. This premium does not include applicable taxes or surcharges. _____________ I hereby decline this offer of coverage for terrorist acts covered by the act. _________________________________ Policyholder/Applicant Signature _________________________________ Print Name _________________________________ Date Grand Island Council Session - 9/13/2022 Page 204 / 306 Approved as to Form ¤ ___________ September 9, 2022 ¤ City Attorney R E S O L U T I O N 2022-260 WHEREAS, the City’s Utility Department subscribes to insurance for boiler and machinery, property, peril and fire coverage; and WHEREAS, the boiler and machinery, property, peril and fire coverage insurance term expires October 1, 2022; and WHEREAS, the insurance of electric and water utilities facilities is a specialized market with a limited number of potential providers; and WHEREAS, a proposal to renew insurance for the 2022 – 2023 fiscal year was received from the current provider, Factory Mutual Insurance Company of St. Louis, Missouri, for a renewal premium, with discounts, of $592,750.00, and includes the terrorism coverage for $36,713.00; and WHEREAS, the City has opted to accept the optional Terrorism Insurance Coverage; and WHEREAS, the insurance provider requires that the City either except or reject Terrorism Insurance Coverage by executing the form provided. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Factory Mutual Insurance Company of St. Louis, Missouri, with premium in the amount of $592,750.00, and to execute the form to accept Terrorism Insurance Coverage, with a premium in the amount of $36,713.00. The Mayor is hereby authorized to sign the acceptance form for the Terrorism Insurance on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2022. _______________________________ Roger G. Steele, Mayor Attest: __________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/13/2022 Page 205 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item H-1 Consideration of Referring Blighted and Substandard Study for Area #28 to the Regional Planning Commission (Conestoga Mall) Staff Contact: Chad Nabity Grand Island Council Session - 9/13/2022 Page 206 / 306 Council Agenda Memo From:Chad Nabity, Director Grand Island CRA Meeting:September 13, 2022 Subject:Proposed Blighted and Substandard Area #28 Presenter(s):Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Substandard and Blight Study as prepared for Woodsonia Acquisitions LLC by Marvin Planning Consultants. This study is approximately 78.45 acres of property in northwest Grand Island located between U.S. Highway 281 and Webb Road and State and 13th Streets. 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. A similar study was prepared and submitted to Council in November of 2018. Council submitted the study to the Planning Commission but no action was ever taken on that study as the developer/applicant pulled the study from consideration prior to any action. Woodsonia Acquisitions LLC has submitted this study for the review and consideration of the Grand Island City Council as permitted by Nebraska law. The decision on whether to declare an area blighted and substandard is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. If the study is approved it is anticipated that an application for Tax Increment Financing would follow. The question before Council will be whether to send the study to the Planning Commission for its review and feedback. If the item is not sent to the Planning Commission, the Council cannot declare the area blighted and substandard. Planning Commission will meet October 5, and would have a recommendation ready following that meeting. Once an area has been declared blighted and substandard, the CRA can accept redevelopment proposals for the area. Woodsonia Acquisitions LLC has a contract to purchase the Conestoga Mall Property including Lots 1, 4 and 5 of Conestoga Mall Eighth Subdivision including the Mall and Sears building and the former Napoli’s building. It is the intent of the applicants to redevelop this property if it can be acquired for commercial and residential purposes. The contract to purchase the property is contingent on city approval for Tax Increment Financing. Grand Island Council Session - 9/13/2022 Page 207 / 306 Discussion The action item tonight relates to the study for proposed CRA Area No. 28 (this number has been held in reserve since 2018) in northwest Grand Island as shown below. The study was prepared for 55.3 acres, all of which is in the Grand Island City Limits. Grand Island Council Session - 9/13/2022 Page 208 / 306 While practicing as Grand Island City Attorney, Jerry Janulewicz reviewed the Nebraska Statutes and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutes which provide for the creation of a redevelopment area or redevelopment project within a redevelopment area require the following procedure: A request is made to the city council to declare an area to be substandard and blighted and in need of development for purposes of enabling the creation of a redevelopment area or a redevelopment project within a redevelopment area. The city council submits the question of whether an area is substandard and blighted to the planning commission for its review and recommendation prior to making its declaration that an area is substandard and blighted. The planning commission must hold a public hearing and submit its written recommendations within 30 days holding a public hearing on the request. Upon receipt of the recommendations from the planning commission the city council may make its findings and declaration with respect to the property within an area. Unless the city council of the city in which such area is located has, by resolution adopted after a public hearing with notice, declared such area to be a substandard and blighted area in need of redevelopment, the Community Redevelopment Agency cannot prepare a redevelopment plan for a redevelopment project area. Following a declaration that an area is substandard and blighted, the Community Redevelopment Agency is authorized to prepare or cause to be prepared and recommend redevelopment plans to the governing body of the city and to undertake and carry out redevelopment projects within its area of operation and may enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may deem necessary to prevent a recurrence of substandard and blighted areas or to effectuate the purposes of the Community Development Law, and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan. Within the area of operation of the Community Redevelopment Authority, the authority may exercise its statutory powers with respect to the redevelopment project. Neb. Rev. Stat. §§ 18-2107; 18-2109. As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998): A CRA is not authorized to prepare a redevelopment plan for a redevelopment project area unless the governing body of the city first enacts a resolution declaring such area to be “a substandard or blighted area in need of redevelopment.” § 18–2109. After such a declaration has been made and a redevelopment plan has been prepared and approved, a CRA is authorized to enter into contracts with redevelopers of property containing covenants, Grand Island Council Session - 9/13/2022 Page 209 / 306 restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the [CRA] may deem necessary to prevent a recurrence of substandard or blighted areas ... and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan.§ 18–2107(4). The CRA may utilize tax increment financing to pay for redevelopment projects undertaken pursuant to the CDL. § 18–2124. “Under this statutory scheme, a private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment.” Fitzke, id, citing Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The legislative intent underlying the Community Development Law is the elimination of blighted and substandard areas and to prevent the reoccurrence of blight through a cooperative effort of the public and private sectors, not to aid private developers. Fitzke, id. At this point, Council is only making a decision about whether to forward the study to the Planning Commission for its recommendation or not. According to NRSS §18-2109, it is clear that the Planning Commission must hold a public hearing and have the opportunity to review the Blight Study prior to Council declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight, State Statute requires that the question of whether an area is substandard and blighted is submitted to the Planning Commission for hearing, review and recommendation. Blighted Area of the Community The City of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of September 6, 2022, 24.78% of the City has been declared blighted and substandard. Area 28 would add 78.45 acres to the total of blighted and substandard property and would, if approved, add 0.40% to the total area declared blighted and substandard bringing the total to 25.19%. A companion study has also been submitted that identifies areas of Grand Island including this area that could also be declared extremely blighted. Any area that is declared extremely blighted is not counted against the 35% maximum area that can be declared blighted and substandard so if those areas are identified as extremely blighted the total will drop below 25%. It does not appear that the declaration of Area 28 would significantly impact the City’s ability to declare other areas blighted and substandard. Grand Island Council Session - 9/13/2022 Page 210 / 306 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to forward the Study to the Planning Commission for its recommendation. 2.Move to not forward the Study to the Planning Commission for its recommendation. 3.Refer the issue to a committee. 4.Postpone the issue to future date. 5.Take no action on the issue. Recommendation City Administration recommends that the Council move to forward the study to the Planning Commission if Council wishes to consider the use of Tax Increment Financing as a redevelopment tool for this property. Sample Motion Move to forward the Study to the Planning Commission for their review and recommendation. Grand Island Council Session - 9/13/2022 Page 211 / 306 Grand Island, Nebraska Blight and Substandard Study - Area 28 Prepared for: Tunnel Wash I LLC Grand Island Council Session - 9/13/2022 Page 212 / 306 Grand Island Council Session - 9/13/2022 Page 213 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. Woodsonia Acquistitions, LLC commissioned the study to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, look 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 the 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 Grand Island Council Session - 9/13/2022 Page 214 / 306 Blight and Substandard Study – Conestoga Mall Page 2 Blight and Substandard Study – Conestoga Mall property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is Blighted and Substandard Area 28. The Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions are existing within the City’s jurisdiction and as allowed under Chapter 18. Through this process, the City and property owners will attempt to address economic and/or social liabilities which are harmful to the well-being of the entire community. Grand Island Council Session - 9/13/2022 Page 215 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 3 Figure 1 shows the study area of this report. A Redevelopment Plan to be submitted in the future containing, by 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. 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 of Grand Island is intended to redevelop and improve the area. 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. Grand Island Council Session - 9/13/2022 Page 216 / 306 Blight and Substandard Study – Conestoga Mall Page 4 Blight and Substandard Study – Conestoga Mall BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets a specific area within an established part of the community for evaluation. The area indicated in Figure 1 of this report. The findings are presented in the coming pages of the report. Study Area The following is the description of the designated area within Grand Island. Point of beginning is the intersection of the centerlines of US Highway 281 and West State Street; thence bearing easterly along the centerline of West State Street to the intersection of the centerline of North Webb Road; thence, southerly along the centerline of North Webb Road to the intersection with the centerline of West 13th Street; thence, westerly along the centerline of West 13th Street to the intersection with the centerline of US Highway 281; thence, northerly along the centerline of US Highway 281 to the point of beginning. EEXXIISSTTIINNGG LLAANNDD UUSSEESS 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 some impacts either benefitting or detracting from the community. 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. The study area is within a highly commercial part of Grand Island. There are commercial uses to all sides of the study, including the redeveloping area of Blight and Substandard Area 9 from 2012. Existing Land Use Analysis within Study Area As part of the planning process, a survey 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 found in the following paragraphs. TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2022 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 0 0.0% 0.0% Single-family 0 0.0% 0.0% Multi-family 0 0.0% 0.0% Manufactured Housing 0 0.0% 0.0% Commercial 63.45 87.3% 80.9% Industrial 0 0.0% 0.0% Quasi-Public/Public 0 0.0% 0.0% Parks/Recreation 0 0.0% 0.0% Transportation 9.22 12.7% 11.7% Total Developed Land 72.67 100.0% - Vacant/Agriculture 5.78 7.4% Total Area 78.45 100.0% Source: Marvin Planning Consultants 2022 Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compare all land uses to the total area within the Study Area. The Study Area is made up of Commercial (80.9%), Open Space (7.4%), and Transportation oriented land (street and R.O.W; 11.7%). The entire area is considered completely developed. Grand Island Council Session - 9/13/2022 Page 217 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 5 Figure 1 Study Area Map Grand Island Council Session - 9/13/2022 Page 218 / 306 Blight and Substandard Study – Conestoga Mall Page 6 Blight and Substandard Study – Conestoga Mall Figure 2 Existing Land Use Map Grand Island Council Session - 9/13/2022 Page 219 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 7 FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the study examines the conditions found within the study area. The Findings Section reviews the conditions based upon the statutory definitions. CONTRIBUTING FACTORS UNDER PART A OF THE BLIGHT DEFINITION There were some conditions examined and evaluated in the field and online. Some conditions are reviewed in detail, on the following pages, while some of the statutory conditions are not present. Structural Conditions Existing structural conditions of buildings in the study area were determined using the Hall County Assessor’s database. Structures rated out as either Very Good, Good, Fair, Average, or badly worn. Based upon the data provided to the planning team, the following is the breakdown for structures in the study area: • 2 (5.7%) structures rated as very good • 5 (14.3%) structures rated as good • 0 (0.0%) structure rated as fair • 28 (80.0%) structures rated as average • 0 (0.0%) structures rated as badly worn Grand Island Council Session - 9/13/2022 Page 220 / 306 Blight and Substandard Study – Conestoga Mall Page 8 Blight and Substandard Study – Conestoga Mall The exterior portion of the mall is showing considerable wear, likely due to deferred maintenance. In the photos on the previous page, there are examples of where masonry and wood construction has been compromised and is in danger of falling from the building onto the ground. Based upon a visual ground inspection, it appears like there is considerable water penetration in the brick-and-mortar system. Said photos also show water penetration inside one of the structures. An assumption was made, based upon the data, that an average condition or less would constitute less than desirable conditions due to age and condition of the structure/building. It is common for older structures to get more maintenance and upkeep to maintain a good or higher condition. Even an average structure shows some signs of deteriorating which in turn can become a dilapidated structure in the future if not maintained. Overall, 80.0% of the structures in this study area are an average condition or worse. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structures is a contributing factor. Grand Island Council Session - 9/13/2022 Page 221 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 9 Deterioration of Site or Other Improvements Site Improvements Conditions The site improvements include the areas determined to be common areas for public ingress and egress to the study area as well as the area designed to move vehicular traffic through the site. Also, this includes the actual surface parking areas. The condition of the site improvements varies greatly. The Study Area contains a major deteriorated condition; the parking areas throughout the area, as well as the demarcated driving areas. The parking areas throughout the entire Study Area are in a serious state of deterioration. They are not yet in a dilapidated condition. The parking surface and driving areas contain major surface cracking, small break-ups and spawling. These conditions have been likely caused by several circumstances over the years, including: · Lack of maintenance · Sub-soil conditions · Heavier than expected traffic · Freeze/thaw cycles Preventing a number of these items are possible through proper design, enforcement, and maintenance, with maintenance being a key. Photos below indicate examples of different deteriorated conditions within the parking and driving areas across the entire site. Due to a large amount of broken pavement in the Study Area, the parking areas are considered to be deteriorated or in a state of deteriorating; therefore, they are a direct contributing factor to the conditions of blight. Grand Island Council Session - 9/13/2022 Page 222 / 306 Blight and Substandard Study – Conestoga Mall Page 10 Blight and Substandard Study – Conestoga Mall Diversity of Ownership Throughout the study area, there are 13 different property owners. However, in most cases, the difference is that one company owns the structure on the site; while, another entity, usually, Conestoga North or Conestoga Realty owns the ground underneath the structure. This creates potential issues with future redevelopment of structures and property if the different ownership groups disagree. Also, the fact structures sit on land owned by another party will create a potential detriment to future redevelopment. Due to this factor, it may be necessary for a public intervention to guide future redevelopment activities in this specific study area. Based upon the analysis, sufficient ownership issues present to make Diversity of Ownership a contributing factor for Blighting. Improper Subdivision or Obsolete Platting Improper Subdivision or Obsolete Platting is present in several ways. These factors are bulleted below: • First and foremost are the private streets on the north side of the study area, Conestoga Drive and Overland Road. • The developed area in the northeast corner of the study area has been built out in a clustered manner, making traffic circulation difficult. • The positioning of lots along West State Street and North Webb Road have access drives in a manner that makes traffic control and congestion problematic. See Figure 5 for specific locations of the discussed items above. Based upon the analysis, sufficient ownership issues present to make Improper Subdivision or Obsolete Platting a contributing factor for Blighting. Faulty Lot Layout Similar to Improper Subdivision or Obsolete Platting, Faulty Lot Layout is present in similar ways. These factors are bulleted below: • The developed area in the northeast corner of the study area has been built out in a clustered manner, making traffic circulation difficult. • The positioning of lots along West State Street and North Webb Road have access drives in a manner making traffic control and congestion problematic. See Figure 6 for specific locations of the discussed items above. Based upon the analysis, sufficient ownership issues present to make Faulty Lot Layout a contributing factor for Blighting. Combination of factors which are impairing and/or arresting sound growth There are several factors present within the study area meeting this criterion are discussed in the following paragraphs. Functional Obsolescence The primary structure within the study area is the Conestoga Mall. The mall was constructed in the mid-1970’s and was designed using common mall layouts and concepts. However, as the retail markets have been changing, these types of facilities have been losing popularity. It is a similar issue seen by the Grand Island Mall which was declared Blighted and Substandard in 2012 and has been the focus of several redevelopment projects since the declaration. Malls and retail use constructed in today’s economy are more open air, even in colder climate regions. The newer mall models are doing more to make the shopping experience more than “just shopping.” These older regional malls have lost favor with consumers across the United States. Some examples within the region include the Imperial Mall in Hastings, the mall in North Platte, the mall in Hutchinson, KS. The phenomena have also affected larger cities such as Omaha; Kansas City, MO; Overland Park, KS; and more. The survival of this mall into the future will be dependent on ownership willingness to re-focus the mall itself. Grand Island Council Session - 9/13/2022 Page 223 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 11 Figure 3 Structural Conditions Grand Island Council Session - 9/13/2022 Page 224 / 306 Blight and Substandard Study – Conestoga Mall Page 12 Blight and Substandard Study – Conestoga Mall Figure 4 Deterioration of Site Grand Island Council Session - 9/13/2022 Page 225 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 13 Figure 5 Improper Platting Grand Island Council Session - 9/13/2022 Page 226 / 306 Blight and Substandard Study – Conestoga Mall Page 14 Blight and Substandard Study – Conestoga Mall Figure 6 Faulty Lot Layout Grand Island Council Session - 9/13/2022 Page 227 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 15 Retail Markets of the 21st Century Retail in the 21st Century has been evolving rapidly. The evolution led by consumers wanting more than the 1960 to 1970 malls with their shopping experience has been a big factor; however, the rise of e-commerce and Amazon has also been a major contributing factor to the retail revolution. With the retail revolution of the 21st Century, several mainstream retailers have had trouble competing. The major tenants of Sears, Yonkers, and JC Penneys have all vacated their spaces at the Conestoga Mall. Yonkers left in 2015, while the other two left shortly after. Sears filed for Chapter 11 bankruptcy protection, and closed February 2019. All three tenants left behind empty boxes, merchandise, and storage equipment in the spaces. A lack of major retailers located at Conestoga Mall impairs and arrests sound growth of this facility in the future. The buildup of the mall area Looking at the Conestoga Mall on aerials, the mall is located on the southernmost location of the land. North of the primary mall was eventual built-out with smaller strip centers. These strip centers to the north impair the future expansion of the primary mall. Also, the location of the primary mall and strip centers creates an issue with expanding parking on the mall property. These factors do impair and arrest sound growth of the study area. Defective/Inadequate Street Layouts Under normal blight evaluation, this criteria would apply to public streets. However, in the case of this study area, it applies to the internal traffic circulation of the mall property and the adjoining strip centers to the north. Figure 8 indicates the primary and secondary circulation loops. The Figure also indicates potential concerns with the layouts on the site. There are enough circulation concerns on-site to make Defective/Inadequate Street Layouts a contributing factor to declaring the area as Blighted. Grand Island Council Session - 9/13/2022 Page 228 / 306 Blight and Substandard Study – Conestoga Mall Page 16 Blight and Substandard Study – Conestoga Mall INSANITARY AND UNSAFE CONDITIONS Woodsonia commissioned an asbestos analysis of the Conestoga Mall portion of the study area. The study was completed by Heartland Testing and Consulting LLC in August 2022. The following areas for the mall were reviewed and/or sampled. Inspection of the following occupied spaces were not completed due to no access: Units 3A, 4, 7A, 9, 23B, 33, 34, 38 & 40. Inspection of sub- flooring in the occupied tenant spaces of the facility were limited due to current sales area floor coverings. Additional review of the occupied spaces sales are sub-floors should be completed when the spaces are available for destructive review. Below is a summary of the spaces with limited review: 8, 9, 10, 12, 13, 17, 19, 20, 23A, 24, 30, 31, 36, 37, 39A, 40A, 41, 42, 44, 49, 50, 52, 54, 58, 59, 60, 62, Best Buy and Dillard’s. Figure 7 Sample Area Diagram Source: Heartlan Testing Report 2022 The findings of the study found the following: • Sample SR-2 – 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample SR-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample SR-8 - 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample C-2 – Drywall Joint Compound contains 0.5% chrysotile asbestos. • Sample C-8 – Ceiling Texture contains 10% chrysotile asbestos. • Sample C-11 – Ceiling Texture contains 10% chrysotile asbestos. Sample Y-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample Y-10 - 12”x12” Tile contains 3% chrysotile asbestos. • Sample 8B-1 – Black Mastic contains 4% chrysotile asbestos. • Sample 41-1 – 12”x12” Tile contains 3% chrysotile asbestos. Sample 41-1 – Black Mastic contains 5% chrysotile asbestos. • Sample 48-1 – Vinyl Sheet Flooring contains 20% chrysotile asbestos. • Sample 48-2 - Vinyl Sheet Flooring contains 20% chrysotile asbestos. • Sample JC-4 – 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample JC-8 – Black/Yellow Mastic contains 2% chrysotile asbestos. • Sample JC-9 – Black Mastic contains 4% chrysotile asbestos. Grand Island Council Session - 9/13/2022 Page 229 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 17 • Sample JC-10 – Silver/Black HVAC Sealant contains 6% chrysotile asbestos. • Sample D-1 – Black mastic contains 5% chrysotile asbestos. • Sample SRR-2 – Gray/Black Roof Patch contains 3% chrysotile asbestos. • Assumed – Transite Panels at skylight soffit areas. Based upon information in the report, all but one (highlighted in yellow) of the sample areas require mitigation of the materials by a State of Nebraska certified asbestos contract prior to renovation or demolition activities. Additional information regarding the study findings can be seen in the complete study attached to this report. Therefore, based upon the findings of this asbestos study, the asbestos is a contributing factor to insanitary and unsafe conditions of the study area. DANGEROUS CONDITIONS TO LIFE OR PROPERTY DUE TO FIRE OR OTHER CAUSES Woodsonia commissioned an asbestos analysis of the Conestoga Mall portion of the study area. The study was completed by Heartland Testing and Consulting LLC in August 2022. The following areas for the mall were reviewed and/or sampled. Inspection of the following occupied spaces were not completed due to no access: Units 3A, 4, 7A, 9, 23B, 33, 34, 38 & 40. Inspection of sub- flooring in the occupied tenant spaces of the facility were limited due to current sales area floor coverings. Additional review of the occupied spaces sales are sub-floors should be completed when the spaces are available for destructive review. Below is a summary of the spaces with limited review: 8, 9, 10, 12, 13, 17, 19, 20, 23A, 24, 30, 31, 36, 37, 39A, 40A, 41, 42, 44, 49, 50, 52, 54, 58, 59, 60, 62, Best Buy and Dillard’s, see Figure 7. The findings of the study found the following: • Sample SR-2 – 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample SR-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample SR-8 - 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample C-2 – Drywall Joint Compound contains 0.5% chrysotile asbestos. • Sample C-8 – Ceiling Texture contains 10% chrysotile asbestos. • Sample C-11 – Ceiling Texture contains 10% chrysotile asbestos. Sample Y-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample Y-10 - 12”x12” Tile contains 3% chrysotile asbestos. • Sample 8B-1 – Black Mastic contains 4% chrysotile asbestos. • Sample 41-1 – 12”x12” Tile contains 3% chrysotile asbestos. Sample 41-1 – Black Mastic contains 5% chrysotile asbestos. • Sample 48-1 – Vinyl Sheet Flooring contains 20% chrysotile asbestos. • Sample 48-2 - Vinyl Sheet Flooring contains 20% chrysotile asbestos. • Sample JC-4 – 12”x12” Black Mastic contains 5% chrysotile asbestos. • Sample JC-8 – Black/Yellow Mastic contains 2% chrysotile asbestos. • Sample JC-9 – Black Mastic contains 4% chrysotile asbestos. • Sample JC-10 – Silver/Black HVAC Sealant contains 6% chrysotile asbestos. • Sample D-1 – Black mastic contains 5% chrysotile asbestos. • Sample SRR-2 – Gray/Black Roof Patch contains 3% chrysotile asbestos. • Assumed – Transite Panels at skylight soffit areas. Based upon information in the report, all but one (highlighted in yellow) of the sample areas require mitigation of the materials by a State of Nebraska certified asbestos contract prior to renovation or demolition activities. Additional information regarding the study findings can be seen in the complete study attached to this report. Therefore, based upon the findings of this asbestos study, the asbestos is a contributing factor to dangerous conditions to life or property due to fire or other causes within the study area. Grand Island Council Session - 9/13/2022 Page 230 / 306 Blight and Substandard Study – Conestoga Mall Page 18 Blight and Substandard Study – Conestoga Mall CONTRIBUTING FACTORS UNDER PART B OF THE BLIGHT DEFINITION There were some conditions examined and evaluated in the field and online. Some conditions will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. 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 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2018 Number Year Built Age Cumulative Age Running Total 1 1960 62 62 62 1 1970 52 52 114 15 1974 48 720 834 4 1975 47 188 1,022 1 1976 46 46 1,068 2 1978 44 88 1,156 1 1979 43 43 1,199 1 1980 42 42 1,241 2 1981 41 82 1,323 1 1989 33 33 1,356 3 1993 29 87 1,443 1 1995 27 27 1,470 2 1996 26 52 1,522 1 1998 24 24 1,546 1 2007 15 15 1,561 1 2021 1 1 1,562 35 Average 41.8 Source: Hall County Assessor’s and Marvin Planning Consultants 2022 Another method to analyze this area is using square footage. State statute discusses commercial units; in the commercial world, it is not about the building as much as it is about square footage. Therefore, this analysis is also examining the age of the built square footage. Based upon data from the Hall County Assessor’s office, there is a total of 647,019 built square footage in the area. Of the 647,019 total square footage, 610,089 built square feet are 40 years or older, which is 94.3% of the total build out. Therefore, more than 50% of the square footage is 40 years of age or older. Grand Island Council Session - 9/13/2022 Page 231 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 19 Figure 8 Defective Street Layout Grand Island Council Session - 9/13/2022 Page 232 / 306 Blight and Substandard Study – Conestoga Mall Page 20 Blight and Substandard Study – Conestoga Mall Figure 9 Structure Age Grand Island Council Session - 9/13/2022 Page 233 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 21 The final means to examine the age of structures is the actual number of structures within the 40 years or more or less than 40 years categories. Overall, there are 35 structures within the study area, based upon the Hall County Assessor’s data (Hall County Assessor divides the primary mall structure into 11 separate units, thus 35 total). After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined: • 28 (80.0%) unit were determined to be 40 years of age or older • 7 (20.0%) unit 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 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. Stable or decreasing population based upon the last two decennial census The population of the study area has seen a stable population based upon the last two decennial census’. Over the course of the past 40 years there have not been any residential units within this study area. Therefore, stable or decreasing population based upon the last two decennial censuses is a contributing factor to the blighted conditions of the area. These conditions are contributing to the blighted conditions of the study area. Criteria under Part A of the Blight Definition • Substantial number of deteriorating structures o Within the study are 80.0% of the structures were deemed to be in either average or badly worn condition. o Several locations around the primary mall are indicating moisture damage to the brick façade. There is clear moisture damage inside of the mall as well. • Deterioration of site or other improvements o The majority of the asphalt parking areas around the primary mall is in a deteriorating state and appears to have forgone updating for a considerable time. o There are several places where the parking surfaces are in a worse than deteriorated state based upon the photographs in the report. • Diversity of Ownership o There are 13 different property owners within the study area. o The majority of the buildings owned by corporations, sit on top of ground owned by another party, typically, Conestoga Realty or Conestoga North. • Improper Subdivision or Obsolete Platting o First and foremost are the private streets on the north side of the study area, Conestoga Drive and Overland Road. o The developed area in the northeast corner of the study area has been built out in a clustered manner, making traffic circulation difficult. o The positioning of lots along West State Street and North Webb Road have access drives in a manner that makes traffic control and congestion problematic. • Faulty Lot Layout o The developed area in the northeast corner of the study area has been built out in a clustered manner, making traffic circulation difficult. o The positioning of lots along West State Street and North Webb Road have access drives in a manner making traffic control and congestion problematic. Grand Island Council Session - 9/13/2022 Page 234 / 306 Blight and Substandard Study – Conestoga Mall Page 22 Blight and Substandard Study – Conestoga Mall • Combination of factors which are impairing and/or arresting sound growth o Functional Obsolescence is a contributing factor to sound growth o Retail markets of the 21st Century are impairing growth of the area o The buildup of the outlots of the mall area • Defective/Inadequate street layouts o The layout of the primary and secondary thoroughfares on site are in conflict with key functional areas such as deliveries and loading docks o The two primary streets entering the mall property from the north are private streets o There are several points along the outer travel route that comes into conflict with secondary travel paths. • Insanitary and Unsafe Conditions o The Conestoga Mall portion of the study area was tested for the presence of asbestos and the report filed in August 2022 indicated mitigatable levels of asbestos present throughout the facility • Dangerous conditions to life or property due to fire or other causes o The Conestoga Mall portion of the study area was tested for the presence of asbestos and the report filed in August 2022 indicated mitigatable levels of asbestos present throughout the facility 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 28 (80.0%) buildings or improvements were determined to be 40 years of age or older o 7 (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. o 94.3% of the built square footage in the study area is 40 years of age or older. • Stable or decreasing population based upon the last two decennial census o The study area has had a stable or decreasing population over the last two decennial census. The other criteria for Blight were not present in the area, these included: • 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. • 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 - 9/13/2022 Page 235 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 23 Substandard Conditions 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 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2018 Number Year Built Age Cumulative Age Running Total 1 1960 62 62 62 1 1970 52 52 114 15 1974 48 720 834 4 1975 47 188 1,022 1 1976 46 46 1,068 2 1978 44 88 1,156 1 1979 43 43 1,199 1 1980 42 42 1,241 2 1981 41 82 1,323 1 1989 33 33 1,356 3 1993 29 87 1,443 1 1995 27 27 1,470 2 1996 26 52 1,522 1 1998 24 24 1,546 1 2007 15 15 1,561 1 2021 1 1 1,562 35 Average 41.8 Source: Hall County Assessor’s and Marvin Planning Consultants 2022 Another method to analyze this area is using square footage. State statute discusses commercial units; in the commercial world, it is not about the building as much as it is about square footage. Therefore, this analysis is also examining the age of the built square footage. Based upon data from the Hall County Assessor’s office, there is a total of 647,019 built square footage in the area. Of the 647,019 total square footage, 610,089 built square feet are 40 years or older, which is 94.3% of the total build out. Therefore, more than 50% of the square footage is 40 years of age or older. The final means to examine the age of structures is the actual number of structures within the 40 years or more or less than 40 years categories. Overall, there are 35 structures within the study area, based upon the Hall County Assessor’s data (Hall County Assessor divides the primary mall structure into 11 separate units, thus 35 total). After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined: • 28 (80.0%) unit were determined to be 40 years of age or older • 7 (20.0%) unit 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 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 - 9/13/2022 Page 236 / 306 Blight and Substandard Study – Conestoga Mall Page 24 Blight and Substandard Study – Conestoga Mall 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 in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #28 Blight Study Area #28 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions under Part A • Substantial number of deteriorating structures • Deterioration of site or other improvements • Diversity of Ownership • Improper Subdivision or Obsolete Platting • Faulty Lot Layout • Combination of factors which are impairing and/or arresting sound growth • Defective/Inadequate street layouts • Insanitary and Unsafe Conditions • Dangerous conditions to life or property due to fire or other causes 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 • Stable or decreasing population based upon the last two decennial census Substandard Conditions • Average age of the structures in the area is at least forty years Grand Island Council Session - 9/13/2022 Page 237 / 306 Blight and Substandard Study – Conestoga Mall Blight and Substandard Study – Conestoga Mall Page 25 Asbestos Study Grand Island Council Session - 9/13/2022 Page 238 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM LIMITED NESHAP ASBESTOS SAMPLING REPORT Conestoga Mall 3404 W 13th Street Grand Island, Nebraska Prepared for: Woodsonia Acquisitions, LLC 20010 Manderson Street Ste: 2 Elkhorn NE 68022 August 5, 2022 Grand Island Council Session - 9/13/2022 Page 239 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM LIMITED NESHAP ASBESTOS SAMPLING REPORT Date of Report: August 5, 2022 Project Name: Limited NESHAP Asbestos Inspection Site Characterization: Conestoga Mall 3408 W 13th Street Grand Island, NE 68803 Inspection Date: July 11th, July 12th, July 14th, July 21 & July 27, 2022 Inspector Name/License #: Michael A. Smith NE Asbestos Inspector/Management Planner #920 Outside Information: None Inspection Limitations: Inspection of the following occupied spaces were not completed due to no access: Units 3A, 4, 7A, 9, 23B, 33, 34, 38 & 40 Inspection of sub-flooring in the occupied tenant spaces of the facility were limited due to current sales area floor coverings. Additional review of the occupied spaces sales are sub-floors should be completed when the spaces are available for destructive review. Below is a summary of the spaces with limited review: 8, 9, 10, 12, 13, 17, 19, 20, 23A, 24, 30, 31, 36, 37, 39A, 40A, 41, 42, 44, 49, 50, 52, 54, 58, 59, 60, 62, Best Buy and Dillard’s. Summarized Findings: The following is a summary of the asbestos-containing materials identified in the inspection areas of the structure: Sample SR-2 – 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample SR-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample SR-8 - 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample C-2 – Drywall Joint Compound contains 0.5% chrysotile asbestos. Sample C-8 – Ceiling Texture contains 10% chrysotile asbestos. Sample C-11 – Ceiling Texture contains 10% chrysotile asbestos. Sample Y-4 - 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample Y-10 - 12”x12” Tile contains 3% chrysotile asbestos. Sample 8B-1 – Black Mastic contains 4% chrysotile asbestos. Sample 41-1 – 12”x12” Tile contains 3% chrysotile asbestos. Sample 41-1 – Black Mastic contains 5% chrysotile asbestos. Sample 48-1 – Vinyl Sheet Flooring contains 20% chrysotile asbestos. Sample 48-2 - Vinyl Sheet Flooring contains 20% chrysotile asbestos. Sample JC-4 – 12”x12” Black Mastic contains 5% chrysotile asbestos. Sample JC-8 – Black/Yellow Mastic contains 2% chrysotile asbestos. Sample JC-9 – Black Mastic contains 4% chrysotile asbestos. Sample JC-10 – Silver/Black HVAC Sealant contains 6% chrysotile asbestos. Sample D-1 – Black mastic contains 5% chrysotile asbestos. Sample SRR-2 – Gray/Black Roof Patch contains 3% chrysotile asbestos. Assumed – Transite Panels at skylight soffit areas. Grand Island Council Session - 9/13/2022 Page 240 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Any building material that contains greater than 1% asbestos is considered regulated and should be removed by a State of Nebraska certified asbestos abatement contractor prior to renovation or demolition activities. Any presumed or building material known to contain <1% asbestos must be removed prior to renovation work to meet OSHA occupational exposure requirements. Sample C-2: Wall Board System Joint Compound The definition of asbestos-containing material (ACM) presented at 29 CFR 1910.1001(b), 29 CFR 1915(b), and 29 CFR 1926.1101(b); OSHA regards each of the items used to construct wall shells from wallboard panels as separate materials. Each of these materials that may contain asbestos must be analyzed separately for their asbestos content. OSHA does not regard wallboard/gypsum wallboard and joint compound as a surfacing material. If a wall shell is constructed of ACM joint compound and wallboard panels that are not ACM, then removal of the wall shell is considered OSHA Class II asbestos work. For a full listing of materials tested please see table 1. Laboratory analytical results are presented in Appendix D. Asbestos sample photographs are presented in Appendix E. Facility diagram is presented in Appendix F. Grand Island Council Session - 9/13/2022 Page 241 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Table 1: Sample Analysis Results Material Location Quantity* Asbestos % Friable Sample # 12”x12” Gray/Tan Mottled VFT w/ Yellow Mastic Sears - ND No SR-1 VFT & Black Mastic (Under SR-1) Sears 60,000 sf. Mastic – 5% Chrysotile No SR-2 12”x12” Gray Mottled VFT w/ Yellow Mastic Sears - ND No SR-3 VFT (Under SR-3) & Black Mastics Sears SR-2 Mastic – 5% Chrysotile No SR-4 12”x12” White/Black/Gray VFT w/ Yellow Mastic Sears - ND No SR-5 12”x12” White w/ Black Streaked VFT w/ Yellow Mastic Sears - ND No SR-6 Drywall Sears - ND No SR-7 12”x12” Tan Mottled VFT & Black Mastic Sears SR-2 Mastic – 5% Chrysotile No SR-8 Drywall & Joint Compound (Composite) Sears - ND No SR-9 12”x12” White w/ Black Specks VFT w/ Yellow Mastic Sears - ND No SR-10 12”x12” Gray w/ Black Specks VFT w/ Yellow Mastic Sears - ND No SR-11 2’x4’ Ceiling Tile w/ Large/Small Dents Corridors - ND No C-1 Drywall & Joint Compound Original Structure Walls & Ceilings Joint Compound – 0.5% No C-2 Ceiling Texture Corridor - ND No C-3 2’x4’ Ceiling Tile w/ Pinholes & Large/Small Dents Corridor - ND No C-4 Ceiling Texture Corridor - ND No C-5 2’x4’ Ceiling Tile w Fissures & Pinholes Corridors - ND No C-6 Drywall & Joint Compound Corridor - ND No C-7 Ceiling Texture Original Corridor 13,000 sf. 10% Chrysotile No C-8 Ceiling Texture Corridor - ND No C-9 2’x4’ Ceiling Tile w/ Pinholes and Dents Corridor - ND No C-10 Ceiling Texture Original Corridor C-8 10% Chrysotile No C-11 Wood Flooring w/ Black Mastic Unit 5 - ND No C-12 12”x12” Gray Mottled w/ Black Streaked VFT Unit 5 - ND No 5-1 Black Baseboard Unit 5 - ND No 5-2 Mudded Fitting Unit 5 - ND No 5-3 12”x12” Tan Mottled VFT w/ Yellow Mastic Younkers - ND No Y-1 12”x12” Gray VFT Younkers - ND No Y-2 12”x12” White w/ Blue/Gray Streaked VFT & Yellow Mastic Younkers - ND No Y-3 12”x12” Black VFT w/ Black Mastic Younkers 10 sf. Mastic – 5% Chrysotile No Y-4 12”x12” White w/ Brown Streaked VFT Younkers - ND No Y-5 12”x12” VFT with ½” Square Pattern Younkers - ND No Y-6 Drywall & Joint Compound Younkers - ND No Y-7 Brown Baseboard w/ Brown Adhesive Younkers - ND No Y-8 Mudded Pipe Hanger Younkers - ND No Y-9 12”x12” White w/ Brown Streaked VFT & Black Mastic Younkers 5,000 sf. Tile – 3% Chrysotile No Y-10 12”x12” Blue/Green VFT Younkers - ND No Y-11 12”x12” Off-White w/ Blue Streaked VFT Younkers - ND No Y-12 Ceiling Texture (E & S Vestibules) Younkers C-8 10% Chrysotile No C-8 12”x12” Tan Mottled VFT & Yellow Mastic Unit 8A - ND No 8A-1 Tan Carpet Mastic Unit 8A - ND No 8A-2 ND-Non-Detect SF.-Square Foot LF.-Lineal Feet CT-Ceiling Tile VFT-Vinyl Floor Tile VSF-Vinyl Sheet Flooring Grand Island Council Session - 9/13/2022 Page 242 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Material Location Quantity* Asbestos % Friable Sample # VSF w/ Mastic (Bathroom) Unit 8B 80 sf. Mastic - 4% Chrysotile No 8B-1 12”x12” VFT w/ Yellow Mastic Unit 8B - ND No 8B-2 Gray Pebble Pattern VSF Unit 11 - ND No 11-1 12”x12” White w/ Gray Streaked VFT Unit 11 - ND No 11-2 Black Mastic Unit 17 - ND No 17-1 12”x12” Tan Mottled VFT w/ Yellow Mastic Unit 20-1 - ND No 20-1 12”x12” White w/ Brown Mottled VFT Unit 23A-1 - ND No 23A-1 Black Mastic Unit 24 - ND No 24-1 12”x12” White w/ Gray Mottled VFT Unit 31 - ND No 31-1 Black Mastic Unit 39 - ND No 39-1 VSF Unit 40A - ND No 40A-1 12”x12” Tan w/ Brown Pitted VFT & Black Mastic Unit 41 300 sf. Tile - 3% Chrysotile Mastic – 5% Chrysotile No 41-1 12”x12” VFT and Mastic Unit 42 - ND No 42-1 12”x12” Black VFT Unit 43 - ND No 43-1 Tan VSF Unit 48 150 sf. 20% Chrysotile No 48-1 Tan Designed VSF Unit 48 200 sf. 20% Chrysotile No 48-2 Drywall & Joint Compound Unit 48 - ND No 48-3 Wall Texture Unit 48 - ND No 48-4 Mudded Fitting Unit 48 - ND No 48-5 12”x12” VFT Unit 49 - ND No 49-1 VSF Unit 51 - ND No 51-1 12”x12” White w/ Black Streaked VFT Unit 52 - ND No 52-1 12”x12” VFT Unit 58 - ND No 58-1 12”x12” White w/ Black Streaked VFT & Yellow/Tan Mastic Maint. Room - ND NO Maint-1 12”x12” Tan w/ Brown Streaked VFT & Black Mastic JC Penny - ND No JC-1 12”x12” Brown VFT w/ Brown Mastic JC Penny - ND No JC-2 12”x12” Black w/ White Streaked VFT JC Penny - ND No JC-3 12”x12” Tan Marbled VFT & Black Mastic JC Penny 30,000 sf. Mastic – 5% Chrysotile No JC-4 12”x12” Beige Mottled VFT & Yellow Mastic JC Penny - ND No JC-5 12”x12” Off-White/Tan Mottled VFT & Yellow Mastic JC Penny - ND No JC-6 Ceiling Tile w/ Pinholes and Holes JC Penny - ND No JC-7 Black/Yellow Mastic JC Penny JC-4 2% Chrysotile No JC-8 12”x12” White w/ Black Streaked VFT & Black Mastic (Sales Floor) JC Penny JC-4 Mastic - 4% Chrysotile No JC-9 Silver/Black HVAC Duct Sealant (JC Penny Roof) JC Penny 80 sf. 6% Chrysotile No JC-10 12”x12” Cream w/ Brown Streaked VFT Black Mastic Unit 16 - ND No 16-1 12”x12” Tan/Olive/Blue Mottled VFT Unit 22 - ND No 22-1 12”x12” VFT (Under Carpet) w/ Yellow Carpet and Black Mastics Paint Room - ND No PR-1 12”x12” Cream w/ Brown Streaked VFT & Black Mastic Unit 57 - ND No 57-1 Tan 4” Square Design VSF Unit 64 - ND No 64-1 12”x12” White w/ Black Streaked VFT & Yellow Mastic Security Office - ND No SO-1 2’x2” Ceiling Tile w/ Deep Design Civic Room - ND No CR-1 ND-Non-Detect SF.-Square Foot LF.-Lineal Feet CT-Ceiling Tile VFT-Vinyl Floor Tile VSF-Vinyl Sheet Flooring Grand Island Council Session - 9/13/2022 Page 243 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Material Location Quantity* Asbestos % Friable Sample # Black Roof Flashing Tar Sears Roof - ND No SRR-1 Gray/Black Patch Sealant Sears Roof 1 sf. 3% Chrysotile No SRR-2 Black Roof Flashing Tar Sears Roof - ND No SRR-3 Black Roof Tar JCP Roof - ND No JCR-1 Black Speckled Asphalt Roll & Black Tar JCP Roof - ND No JCR-2 Black Roof Tar JCP Roof - ND No JCR-3 Black Speckled Asphalt Roll & Black Tar JCP Roof - ND No JCR-4 VSF w/ Adhesive Unit 8B - ND No 8B-1 12”x12” VFT w/ Yellow Mastic Unit 8B - ND No 8B-2 Black Mastic Unit 17 - ND No 17-1 12”x12” Tan Mottled VFT w/ Yellow Mastic Unit 20 - ND No 20-1 12”x12” White w/ Brown Mottled VFT Unit 23 - ND No 23A-1 Black Mastic Unit 24 - ND No 24-1 12”x12” White w/ Gray Mottled VFT Unit 31 - ND No 31-1 B:ack Mastic Unit 39 - ND No 39-1 VSF Unit 40A - ND No 40A-1 12”x12” Tan w/ Brown Pitted VFT and Black Mastic Unit 41 - ND No 41-1 12”x12” VFT and Yellow Mastic Unit 42 - ND No 42-1 12”x12” Black VFT Unit 43 - ND No 43-1 Mudded Fitting (Roof Drain) Unit 48 - ND No 48-5 12”x12” VFT Unit 49 - ND No 49-1 VSF Unit 51 - ND No 51-1 12”x12” White w/ Black Streaked VFT Unit 52 - ND No 52-1 12”x12” VFT Unit 58 - ND No 58-1 Drywall & Joint Compound Best Buy ND No BB-1 Tan Vinyl Plank Flooring Best Buy ND No BB-2 12”x12” Blue/Gray Mottled VFT & Black Mastic Dillard’s 120,000 sf. Mastic – 5% Chrysotile No D-1 Drywall Dillard’s ND No D-2 12”x12” Tan w/ Blue Mottled VFT Dillard’s ND No D-3 Mudded Fitting Dillard’s ND No D-4 Transite Soffit Panels Sky Light Areas 3,000 sf. Assumed No ---- ND-Non-Detect SF.-Square Foot LF.-Lineal Feet CT-Ceiling Tile VFT-Vinyl Floor Tile VSF-Vinyl Sheet Flooring *The quantities listed above are based upon the inspector's field measurements and are provided as estimates only. Grand Island Council Session - 9/13/2022 Page 244 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Scope of Services A visual inspection and sampling survey was conducted in general accordance with EPA/NESHAP guidelines to determine the presence of suspect asbestos-containing building materials (ACBM) in demolition and renovation projects. Survey Methodology This asbestos survey was performed by a State of Nebraska licensed asbestos inspector. An initial building walk through was conducted to determine the presence of suspect materials, homogeneous materials, and functional spaces throughout the facility. Following the walk through, the inspector collects samples of selected materials identified as suspect ACBM. Sampling is limited to those materials which do not involve destruction of building elements, physical barriers, or the structural integrity of the item being tested. Confined spaces and areas with structural deficiencies are also not inspected unless noted. EPA guidelines were used to determine the sampling protocol. Sampling locations were chosen to be representative of the homogeneous sampling area. While an effort was made to collect samples randomly, samples were taken preferentially from areas which were the least visible to minimize disturbance of the material. Laboratory Methodology Bulk samples obtained from the facility were analyzed at an accredited laboratory listed on the National Voluntary Laboratory Accreditation Program (NVLAP) using Polarized Light Microscopy (PLM) or point count methodology (PC) as needed. Laboratory certifications and statements of qualifications can be provided as needed. Warranty HTC and its inspectors are trained and licensed to perform the services provided. All care is taken to provide a product of the highest quality in line with professional standards. All care is taken to examine the entirety of the facility or area requested in so far as it is safe to do so. The value of the warranty or any claims cannot exceed the value paid for this report or survey. Survey and Analysis Results For a detailed report on laboratory findings please refer to Appendix D. Quantities of materials sampled are estimated from field measurements. Owner, contractor, or other operators should field verify all quantities to ensure accuracy. Grand Island Council Session - 9/13/2022 Page 245 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Appendix A – Licensing: Grand Island Council Session - 9/13/2022 Page 246 / 306 NEB~A-S ~ Good Life. Great Mission. DEPT. OF HEALTH AND HUMAN SERVICES Public Health Licensure Unit Certification of Licensure Pete Ricketts, Governor This certificate serves as primary source verification of licensure in the State of Nebraska as of the close of the business day before 6/24/2021. Name: Type: Number: Status: Issued: Expiration: Education: Michael Aaron Smith Asbestos Management Planner 920 Active 01/29/2015 02/28/2023 None on record at this time Di sci pl i nary/Non-Disciplinary Information: No disciplinary/non-disciplinary actions taken against this license. If you have questions about this information, please contact the Licensure Unit at (402) 471-2115 or DHHS.LicensureUnit@nebraska.gov. Grand Island Council Session - 9/13/2022 Page 247 / 306 State of Nebraska Department of Health and Human Services Division of Public Health Michael Aaron Smith Asbestos Management Planner License #: 920 Status: Active Expiration: 02/28/2023 Grand Island Council Session - 9/13/2022 Page 248 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Appendix B – Regulatory Overview: Grand Island Council Session - 9/13/2022 Page 249 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM There are several government agencies with regulations pertaining to asbestos, renovation, and demolition projects in Nebraska. The following items are summaries of their involvement. Environmental Protection Agency Asbestos Hazard Emergency Response Act (AHERA) – This act contains many regulations pertaining exclusively to schools and can be found in 40 Code of Federal Regulation (CFR), Part 763. National Emissions Standards for Hazardous Air Pollutants (NESHAP) – NESHAP regulations govern most of the asbestos related renovation and demolition projects. The full text can be found in 40 CFR. Part 61. - Requires an asbestos inspection prior to renovation and demolition projects. - Requires removal of materials prior to being disturbed by renovation or demolition activities. - Requires ten government working day notification prior to any renovation, demolition, or asbestos removal activities on projects greater than 160 square feet or 260 lineal feet. All demolition projects must be notified regardless of if asbestos is present. - Regulates the training requirements for asbestos professionals. - Regulates the identification, removal, transportation, and disposal of asbestos containing materials. Nebraska Department of Health & Human Services Asbestos Control Program This state agency is delegated certain responsibilities created by the EPA regulations. For more information visit the programs website located at https://dhhs.ne.gov/Pages/Asbestos.aspx. - Requires an asbestos inspection be performed by a licensed inspector prior to any renovation or demolition project. From the Program website: “Before you begin demolition or renovation of a project by anyone other than a homeowner (in that person’s residential property of 4 units or less), each residential or commercial property owner must have a thorough inspection for asbestos-containing materials. This inspection must be performed by a Nebraska-certified asbestos inspector.” - Requires a ten-day (14 calendar day) notification on projects greater than 160 square feet or 260 lineal feet. - Requires state licensed personnel do all asbestos work except that exempted by the residential exemption found in glossary. - Regulates work practices for all asbestos work. - Enforces State regulations and some EPA regulations. Nebraska Department of Environment and Energy (NDEE) NDEQ regulations require removal of asbestos prior to demolition or renovation. NDEE also regulates the disposal of asbestos wastes and construction and demolition (C & D) materials. - Requires use of personnel licensed in accordance with NDOH. - Requires inspection and removal of ACM in demolition and renovations projects. - Requires the same ten-day notification as above. - Requires all asbestos waste be disposed of in a licensed landfill permitted to accept asbestos. Grand Island Council Session - 9/13/2022 Page 250 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM - Requires all C&D material be disposed of or recycled in a permitted facility. - Requires an inspection and removal of any ACM prior to a fire training exercise. Also requires disposal of ashes from said burn in a licensed landfill. Occupational Safety and Health Administration (OSHA) OSHA regulates asbestos as it pertains to the safety and health of all workers on site. Further information can be found in 29 cfr. 1926.1101. - Requires owners of facilities to perform a survey of asbestos containing materials and institute an operations and maintenance plan to keep materials in good condition. - Regulates work practices for removal and repair of ACM as it pertains to employee safety. - Requires air monitoring be performed in certain situations to protect safety of asbestos workers as well as any other workers that may be in the area or structure. - Requires medical monitoring, respiratory protection, and education of employees working with asbestos. - OSHA may regulate materials whose asbestos content does not meet the EPA definition of an asbestos containing material. Grand Island Council Session - 9/13/2022 Page 251 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Appendix C - Glossary of Terms: Grand Island Council Session - 9/13/2022 Page 252 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Approved Asbestos Waste Disposal Site - means a solid waste disposal area that is operated under a permit issued by the Nebraska Department of Environmental Quality and is authorized to receive asbestos containing solid wastes. See Appendix E. Asbestos – means asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite. Asbestos Containing Materials or ACM – means any material or product, which contains more than 1% asbestos. Asbestos Project – means an asbestos encapsulation project, an asbestos removal project, an asbestos enclosure project, an asbestos related demolition project or an asbestos related dismantling project, but shall not include any activities which affect three (3) square feet or less or three (3) linear feet or less of ACM on or in a structure or equipment or any appurtenances thereto, or (b) any activities physically performed by a homeowner, a member of the home owner's family or an unpaid volunteer on or in the home owner's residential property of four units or less. Bulk Sample – a solid quantity of a building material suspected of containing asbestos and that will be analyzed for the presence of asbestos. Demolition – means the wrecking, razing, or removal of any structure or load-supporting structural item of any structure, including any related material handling operations, and includes the intentional burning of any structure. Friable Asbestos – means asbestos in a form which can be crumbled, pulverized, or reduced to powder by hand pressure. Caution: Non-friable asbestos which becomes friable is classified as friable asbestos. Inspector – means an individual who is certified by the Department to identify and assess the condition of ACM. Inspectors shall perform their duties in accordance with the techniques, knowledge, training and responsibilities outlined in 008.04A8. Management Planner – means an individual who is certified by the Department to assess the hazard of materials containing asbestos, to determine the appropriate response actions and to write management plans. Non-friable ACM – any material containing more than one percent asbestos (as determined by Polarized Light Microscopy), that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure, Nonfriable asbestos is further divided into categories I and II. Category I includes packings, gaskets, resilient floor covering, and asphalt roofing. Category II includes any material not in Category I. Project Designer – means an individual who is certified by the Department to formulate plans and write specifications for conducting asbestos projects. Grand Island Council Session - 9/13/2022 Page 253 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM RACM – Regulated Asbestos-Containing Material (ACM) is: - Friable asbestos; - Category I non-friable ACM that has become friable due to destructive handling; - Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or - Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material during demolition or renovation operations regulated by the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP). Renovation – means the altering of a structure, one or more structural items, or one or more equipment items in any way, including any asbestos project performed on a structure, structural item, or equipment item. Structure or Structural Item – means roofs, walls, ceilings, floors, structural supports, pipes, ducts, fittings and fixtures that have been installed as an integral part of any structure. Thermal System Insulation (TSI) – ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain. Grand Island Council Session - 9/13/2022 Page 254 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Appendix D – Laboratory Analytical Results Grand Island Council Session - 9/13/2022 Page 255 / 306 Date Received: 13-Jul-2022 14-Jul-2022Date Analyzed: 15-Jul-2022Date Reported: JH22138748Order #: 2973888Project #: EMLab ID 2973888 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 Phone: (713) 290-0221 - Fax: (713) 290-0248 J3Resources.com LAYER 1 Floor Tile, Beige, Homogeneous None DetectedSR-1 Non-Fibrous Material 100% LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% LAYER 1 Mastic, Yellow, Homogeneous None DetectedSR-2 Non-Fibrous Material 100% LAYER 2 Floor Tile, Beige, Homogeneous None Detected Non-Fibrous Material 100% LAYER 3 Mastic, Black, Homogeneous Chrysotile 5%Non-Fibrous Material 95% LAYER 1 Floor Tile, Off White, Homogeneous None DetectedSR-3 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% LAYER 1 Mastic, Yellow, Homogeneous None DetectedSR-4 Non-Fibrous Material 100% LAYER 2 Floor Tile, White, Homogeneous None Detected Non-Fibrous Material 100% LAYER 3 Mastic, Black, Homogeneous Chrysotile 5%Non-Fibrous Material 95% LAYER 1 Floor Tile, Gray, Homogeneous None DetectedSR-5 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Scott Ward, Ph.D. Lab Director NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 1 of 5 Anh Phung Analyst Grand Island Council Session - 9/13/2022 Page 256 / 306 Date Received: 13-Jul-2022 14-Jul-2022Date Analyzed: 15-Jul-2022Date Reported: JH22138748Order #: 2973888Project #: EMLab ID 2973888 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 Phone: (713) 290-0221 - Fax: (713) 290-0248 J3Resources.com LAYER 1 Floor Tile, Lt. Gray, Homogeneous None DetectedSR-6 Non-Fibrous Material 100% LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Cellulose Fiber Fibrous Glass Wallboard, Brown/ White, Homogeneous None DetectedSR-7 10% <1% Non-Fibrous Material 90% LAYER 1Mastic, Gray/ Clear, Homogeneous None DetectedSR-8 Non-Fibrous Material 100% LAYER 2 Floor Tile, Beige, Homogeneous None Detected Non-Fibrous Material 100% LAYER 3 Mastic, Black, Homogeneous Chrysotile 5%Non-Fibrous Material 95% LAYER 1 Joint Compound, White, Homogeneous None DetectedSR-9 Non-Fibrous Material 100% Cellulose Fiber Fibrous Glass LAYER 2 Wallboard, Brown/ White, Homogeneous None Detected 10% <1% Non-Fibrous Material 90% LAYER 1 Mastic, Gray/ Clear, Homogeneous None DetectedSR-10 Non-Fibrous Material 100% LAYER 2 Floor Tile, Off White, Homogeneous None Detected Non-Fibrous Material 100% LAYER 3 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Scott Ward, Ph.D. Lab Director NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 2 of 5 Anh Phung Analyst Grand Island Council Session - 9/13/2022 Page 257 / 306 Date Received: 13-Jul-2022 14-Jul-2022Date Analyzed: 15-Jul-2022Date Reported: JH22138748Order #: 2973888Project #: EMLab ID 2973888 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 Phone: (713) 290-0221 - Fax: (713) 290-0248 J3Resources.com LAYER 1 Floor Tile, Gray, Homogeneous None DetectedSR-11 Non-Fibrous Material 100% LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Cellulose Fiber Mineral Wool Ceiling Tile, White/ Gray, Homogeneous None DetectedC-1 60% 20% Non-Fibrous Material 20% LAYER 1Joint Compound, Beige, Homogeneous ChrysotileC-2 2%Non-Fibrous Material 98% Cellulose Fiber Fibrous Glass LAYER 2 Wallboard, Brown/ White, Homogeneous None Detected 10% <1% Non-Fibrous Material 90% Ceiling Texture, White, Homogeneous None DetectedC-3 Non-Fibrous Material 100% Cellulose Fiber Mineral Wool Ceiling Tile, White/ Gray, Homogeneous None DetectedC-4 60% 20% Non-Fibrous Material 20% Ceiling Texture, White, Homogeneous None DetectedC-5 Non-Fibrous Material 100% Cellulose Fiber Mineral Wool Ceiling Tile, White/ Gray, Homogeneous None DetectedC-6 60% 20% Non-Fibrous Material 20% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Scott Ward, Ph.D. Lab Director NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 3 of 5 Anh Phung Analyst Grand Island Council Session - 9/13/2022 Page 258 / 306 Date Received: 13-Jul-2022 14-Jul-2022Date Analyzed: 15-Jul-2022Date Reported: JH22138748Order #: 2973888Project #: EMLab ID 2973888 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 Phone: (713) 290-0221 - Fax: (713) 290-0248 J3Resources.com LAYER 1 Joint Compound, White, Homogeneous None DetectedC-7 Non-Fibrous Material 100% Cellulose FiberFibrous GlassLAYER 2Wallboard, Brown/ White, Homogeneous None Detected 10%<1% Non-Fibrous Material 90% Ceiling Texture, White, Homogeneous ChrysotileC-8 10%Non-Fibrous Material 90% Ceiling Texture, White, Homogeneous None DetectedC-9 Non-Fibrous Material 100% Cellulose Fiber Mineral Wool Ceiling Tile, White/ Gray, Homogeneous None DetectedC-10 70% 10% Non-Fibrous Material 20% Ceiling Texture, White, Homogeneous ChrysotileC-11 10%Non-Fibrous Material 90% Cellulose FiberLAYER 1 Wood Flooring, Brown, Homogeneous None DetectedC-12 100% Cellulose FiberLAYER 2 Mastic, Brown, Homogeneous No Black Mastic Present None Detected 2% Non-Fibrous Material 98% LAYER 1 Floor Tile, Tan, Homogeneous None Detected32-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Scott Ward, Ph.D. Lab Director NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 4 of 5 Anh Phung Analyst Grand Island Council Session - 9/13/2022 Page 259 / 306 Date Received: 13-Jul-2022 14-Jul-2022Date Analyzed: 15-Jul-2022Date Reported: JH22138748Order #: 2973888Project #: EMLab ID 2973888 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 Phone: (713) 290-0221 - Fax: (713) 290-0248 J3Resources.com LAYER 1 Floor Tile, Tan, Homogeneous None Detected8A-1 Non-Fibrous Material 100% LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Scott Ward, Ph.D. Lab Director NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 5 of 5 Anh Phung Analyst Grand Island Council Session - 9/13/2022 Page 260 / 306 Date Received: 20-Jul-2022 20-Jul-2022Date Analyzed: 22-Jul-2022Date Reported: JH22138951Order #: 2973888Project #: EPA 600/M4-82-020; 600/R-93/116 - Point Count Method PC-JH22138748-EMLab ID 2973888 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 6110 W. 34th Street, Houston, Texas 77092 Phone: (713) 290-0221 - Fax: (713) 290-0248 J3Resources.com Joint Compound, Beige, Homogeneous Original PLM Result: Chrysotile 2% ChrysotileC-2 LAYER 1 0.50%Non-Fibrous Material 99.50% 400 pt. POINT COUNT Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condition unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Scott Ward, Ph.D. Lab Director NVLAP Lab Code: 200525-0 TDSHS License: 30-0273 Page 1 of 1 Taylor Smylie Analyst Grand Island Council Session - 9/13/2022 Page 261 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Total Samples Submitted:29 Total Samples Analyzed:29 Total Samples with Layer Asbestos Content > 1%:4 Location: 5-1, 12"x12" Gray Mottled w/ Brown Streaked VFT Lab ID-Version‡: 14304823-1 Sample Layers Asbestos Content Gray Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate Location: 5-2, Black Baseboard Lab ID-Version‡: 14304824-1 Sample Layers Asbestos Content Black Baseboard ND Yellow Mastic ND Sample Composite Homogeneity: Moderate Location: 5-3, Mudded Fitting Lab ID-Version‡: 14304825-1 Sample Layers Asbestos Content Gray Semi-Fibrous Material ND Composite Non-Asbestos Content: 15% Glass Fibers 5% Cellulose Sample Composite Homogeneity: Good Location: Y-1, 12"x12" Tan Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304826-1 Sample Layers Asbestos Content Tan Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate EMLab ID: 2974469, Page 2 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 262 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: Y-2, 12"x12" Gray VFT Lab ID-Version‡: 14304827-1 Sample Layers Asbestos Content Gray Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate EMLab ID: 2974469, Page 3 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 263 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: Y-3, 12"x12"White w/ Blue/Gray Streaked VFT w/ Yellow Mastic Lab ID-Version‡: 14304828-1 Sample Layers Asbestos Content White Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate Location: Y-4, 12"x12" Black VFT w/ Black Mastic Lab ID-Version‡: 14304829-1 Sample Layers Asbestos Content Black Floor Tile ND Black Mastic 5% Chrysotile Sample Composite Homogeneity: Moderate Location: Y-5, 12"x12" White w/ Brown Streaked VFT Lab ID-Version‡: 14304830-1 Sample Layers Asbestos Content White Floor Tile ND Black Mastic ND Sample Composite Homogeneity: Moderate Location: Y-6, 12"x12" VFT w/ 1/2" Square Pattern Lab ID-Version‡: 14304831-1 Sample Layers Asbestos Content Gray Floor Tile ND Sample Composite Homogeneity: Good EMLab ID: 2974469, Page 4 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 264 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: Y-7, Drywall & Joint Compound (COMPOSITE SAMPLE)Lab ID-Version‡: 14304832-1 Sample Layers Asbestos Content White Drywall with Brown Paper ND White Joint Compound ND Composite Non-Asbestos Content: 10% Cellulose Sample Composite Homogeneity: Moderate Location: Y-8, Brown Baseboard w/ Brown Adhesive Lab ID-Version‡: 14304833-1 Sample Layers Asbestos Content Brown Baseboard ND Brown Mastic ND Sample Composite Homogeneity: Moderate Location: Y-9, Mudded Pipe Hager Fitting Lab ID-Version‡: 14304834-1 Sample Layers Asbestos Content Gray Semi-Fibrous Material ND Composite Non-Asbestos Content: 15% Glass Fibers 5% Cellulose Sample Composite Homogeneity: Good Location: 11-1, Gray Pebble Pattern VSF Lab ID-Version‡: 14304835-1 Sample Layers Asbestos Content Gray Sheet Flooring with Fibrous Backing ND Composite Non-Asbestos Content: 15% Cellulose Sample Composite Homogeneity: Good EMLab ID: 2974469, Page 5 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 265 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: 11-2, 12"x12" White w/ Gray Streaked VFT w/ Yellow Mastic Lab ID-Version‡: 14304836-1 Sample Layers Asbestos Content White Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate Location: 48-1, Tan VSF Lab ID-Version‡: 14304837-1 Sample Layers Asbestos Content Tan Sheet Flooring with Fibrous Backing 20% Chrysotile Composite Non-Asbestos Content: 10% Cellulose Sample Composite Homogeneity: Good Location: 48-2, Tan Designed VSF Lab ID-Version‡: 14304838-1 Sample Layers Asbestos Content Yellow Mastic ND Tan Sheet Flooring with Fibrous Backing 20% Chrysotile Composite Non-Asbestos Content: 10% Cellulose Sample Composite Homogeneity: Moderate Location: 48-3, Drywall & Joint Compound Lab ID-Version‡: 14304839-1 Sample Layers Asbestos Content White Drywall with Brown Paper ND Composite Non-Asbestos Content: 10% Cellulose Sample Composite Homogeneity: Good EMLab ID: 2974469, Page 6 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 266 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: 48-4, Wall Texture Lab ID-Version‡: 14304840-1 Sample Layers Asbestos Content White Texture ND Sample Composite Homogeneity: Good Location: Maint-1, 12"x12" White w/ Black Streaked VFT w/ Tan-Yellow Mastic Lab ID-Version‡: 14304841-1 Sample Layers Asbestos Content White Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate Location: JC-1, 12"x12" Tan w/ Brown Streaked VFT w/ Black Mastic Lab ID-Version‡: 14304842-1 Sample Layers Asbestos Content Tan Floor Tile ND Black Mastic ND Sample Composite Homogeneity: Moderate Location: JC-2, 12"x12" Brown VFT w/ Brown Mastic Lab ID-Version‡: 14304843-1 Sample Layers Asbestos Content Brown Floor Tile ND Brown Mastic ND Sample Composite Homogeneity: Moderate EMLab ID: 2974469, Page 7 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 267 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: JC-3, 12"x12" Black w/ White Streaked VFT Lab ID-Version‡: 14304844-1 Sample Layers Asbestos Content Black Floor Tile ND Sample Composite Homogeneity: Good Location: JC-4, 12"x12" Tan Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304845-1 Sample Layers Asbestos Content Tan Floor Tile ND Black Mastic 5% Chrysotile Sample Composite Homogeneity: Moderate Location: JC-5, 12"x12" Beige Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304846-1 Sample Layers Asbestos Content Beige Floor Tile ND Sample Composite Homogeneity: Good Location: JC-6, Off-White w/ Tan Mottled VFT w/ Yellow Mastic Lab ID-Version‡: 14304847-1 Sample Layers Asbestos Content Off-White Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate EMLab ID: 2974469, Page 8 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 268 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-11-2022 Date of Receipt: 07-13-2022 Date of Report: 07-18-2022 ASBESTOS PLM REPORT Location: JC-7, 2x4 CT w/ Pineholes and Holes Lab ID-Version‡: 14304848-1 Sample Layers Asbestos Content Beige Ceiling Tile with White Surface ND Composite Non-Asbestos Content: 40% Cellulose 40% Glass Fibers Sample Composite Homogeneity: Good Location: 16-1, 12"x12" Cream w/ Brown Streaked VFT w/ Black Mastic Lab ID-Version‡: 14304849-1 Sample Layers Asbestos Content Cream Floor Tile ND Black Mastic ND Sample Composite Homogeneity: Moderate Location: 22-1, Tan/Olive/Blue Mottled VFT Lab ID-Version‡: 14304850-1 Sample Layers Asbestos Content Tan Floor Tile ND Sample Composite Homogeneity: Good Location: PR-1, 12"x12" VFT (Under Carpet in Restroom)Lab ID-Version‡: 14304851-1 Sample Layers Asbestos Content Yellow Mastic ND Cream Floor Tile ND Black Mastic ND Sample Composite Homogeneity: Poor EMLab ID: 2974469, Page 9 of 9Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 269 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-12-2022 Date of Receipt: 07-14-2022 Date of Report: 07-19-2022 ASBESTOS PLM REPORT Total Samples Submitted:12 Total Samples Analyzed:12 Total Samples with Layer Asbestos Content > 1%:1 Location: CR-1, 2x2 CT w/ Deep Design Lab ID-Version‡: 14309731-1 Sample Layers Asbestos Content Gray Ceiling Tile with White Surface ND Composite Non-Asbestos Content: 60% Glass Fibers 20% Cellulose Sample Composite Homogeneity: Good Location: SO-1, 12x12 White w/ Black Streaked VFT and Yellow Mastic Lab ID-Version‡: 14309732-1 Sample Layers Asbestos Content White Floor Tile ND Yellow Mastic ND Sample Composite Homogeneity: Moderate Location: 8A-2, Yellow Carpet Mastic Lab ID-Version‡: 14309733-1 Sample Layers Asbestos Content Yellow Mastic ND Sample Composite Homogeneity: Good Location: 57-1, 12x12 Cream w/ Beige Streaked VFT w/ Black Mastic Lab ID-Version‡: 14309734-1 Sample Layers Asbestos Content Cream Floor Tile ND Black Mastic ND Sample Composite Homogeneity: Moderate EMLab ID: 2975278, Page 2 of 4Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 270 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-12-2022 Date of Receipt: 07-14-2022 Date of Report: 07-19-2022 ASBESTOS PLM REPORT Location: 64-1, Tan Square Design VSF Lab ID-Version‡: 14309735-1 Sample Layers Asbestos Content Tan Sheet Flooring with Fibrous Backing ND Composite Non-Asbestos Content: 20% Cellulose Sample Composite Homogeneity: Good Location: SRR-1, Black Flashing Tar Lab ID-Version‡: 14309736-1 Sample Layers Asbestos Content Black Roof Flashing ND Sample Composite Homogeneity: Good Location: SRR-2, Black Flashing Tar Lab ID-Version‡: 14309737-1 Sample Layers Asbestos Content Gray/Black Roof Flashing 3% Chrysotile Sample Composite Homogeneity: Good Location: SRR-3, Black Flashing Tar Lab ID-Version‡: 14309738-1 Sample Layers Asbestos Content Black Roof Flashing ND Sample Composite Homogeneity: Good EMLab ID: 2975278, Page 3 of 4Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 271 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-12-2022 Date of Receipt: 07-14-2022 Date of Report: 07-19-2022 ASBESTOS PLM REPORT Location: JCR-1, Black Roof Tar Lab ID-Version‡: 14309739-1 Sample Layers Asbestos Content Black Roofing Tar ND Sample Composite Homogeneity: Good Location: JCR-2, Black Asphalt Roll w/ Black Tar Lab ID-Version‡: 14309740-1 Sample Layers Asbestos Content Black Roofing Material with Grey Pebbles ND Black Tar ND Sample Composite Homogeneity: Moderate Location: JCR-3, Black Roof Tar Lab ID-Version‡: 14309741-1 Sample Layers Asbestos Content Black Roofing Tar ND Sample Composite Homogeneity: Good Location: JCR-4, Black Asphalt Roll w/ Black Tar Lab ID-Version‡: 14309742-1 Sample Layers Asbestos Content Black Roofing Material with Grey Pebbles ND Black Tar ND Sample Composite Homogeneity: Moderate EMLab ID: 2975278, Page 4 of 4Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 272 / 306 Date Received: 26-Jul-2022 27-Jul-2022Date Analyzed: 27-Jul-2022Date Reported: JP221037792Order #: 2982869Project #: EMLab ID 2982869 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 3113 Red Bluff Road, Pasadena, TX 77503 Phone: (713) 290-0223 - Fax: (713) 290-0248 J3Resources.com Fibrous GlassLAYER 1 Sheet Flooring, Beige, Homogeneous None Detected8B-1 4% Non-Fibrous Material 96% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% LAYER 3 Float, Gray, Homogeneous None Detected Non-Fibrous Material 100% LAYER 4 Mastic, Black, Homogeneous Chrysotile 4%Non-Fibrous Material 96% LAYER 1 Floor Tile, White, Homogeneous None Detected8B-2 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Cellulose FiberMastic, Black, Homogeneous None Detected17-1 5% Non-Fibrous Material 95% LAYER 1 Floor Tile, Tan/ Mottled, Homogeneous None Detected20-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Floor Tile, White/Brown/ Mottled, Homogeneous None Detected23A-1 Non-Fibrous Material 100% Cellulose FiberMastic, Black, Homogeneous None Detected24-1 5% Non-Fibrous Material 95% Floor Tile, White/ Gray/ Mottled, Homogeneous None Detected31-1 Non-Fibrous Material 100% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Duane Salinas Analyst Lab DirectorScott Ward, Ph.D. NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 1 of 4 Grand Island Council Session - 9/13/2022 Page 273 / 306 Date Received: 26-Jul-2022 27-Jul-2022Date Analyzed: 27-Jul-2022Date Reported: JP221037792Order #: 2982869Project #: EMLab ID 2982869 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 3113 Red Bluff Road, Pasadena, TX 77503 Phone: (713) 290-0223 - Fax: (713) 290-0248 J3Resources.com Mastic, Black, Homogeneous None Detected39-1 Non-Fibrous Material 100% LAYER 1Sheet Flooring, White, Homogeneous None Detected40A-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% LAYER 1 Floor Tile, Tan/Brown/Pitted, Homogeneous Chrysotile41-1 3%Non-Fibrous Material 97% LAYER 2 Mastic, Black, Homogeneous Chrysotile 5%Non-Fibrous Material 95% LAYER 1 Floor Tile, White/Gray Streaks, Homogeneous None Detected42-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Floor Tile, Black, Homogeneous None Detected43-1 Non-Fibrous Material 100% Fibrous GlassMud Insulation, Gray, Homogeneous None Detected48-5 25% Non-Fibrous Material 75% LAYER 1 Floor Tile, White, Homogeneous None Detected49-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Duane Salinas Analyst Lab DirectorScott Ward, Ph.D. NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 2 of 4 Grand Island Council Session - 9/13/2022 Page 274 / 306 Date Received: 26-Jul-2022 27-Jul-2022Date Analyzed: 27-Jul-2022Date Reported: JP221037792Order #: 2982869Project #: EMLab ID 2982869 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 3113 Red Bluff Road, Pasadena, TX 77503 Phone: (713) 290-0223 - Fax: (713) 290-0248 J3Resources.com Cellulose Fiber Fibrous Glass Sheet Flooring, Beige, Homogeneous None Detected51-1 20% 2% Non-Fibrous Material 78% LAYER 1 Floor Tile, White/Black Streaks, Homogeneous None Detected52-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% LAYER 1 Floor Tile, Tan, Homogeneous None Detected58-1 Non-Fibrous Material 100% LAYER 2 Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% LAYER 1 Floor Tile, White/Brown Streaks, Homogeneous ChrysotileY-10 3%Non-Fibrous Material 97% Cellulose FiberLAYER 2 Mastic, Black, Homogeneous None Detected 2% Non-Fibrous Material 98% LAYER 1 Floor Tile, Blue/ Green, Homogeneous None DetectedY-11 Non-Fibrous Material 100% LAYER 2Mastic, Yellow, Homogeneous None Detected Non-Fibrous Material 100% Floor Tile, White/Blue Streaks, Homogeneous None DetectedY-12 Non-Fibrous Material 100% Mastic, Black/ Yellow, Homogeneous ChrysotileJC-8 2%Non-Fibrous Material 98% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Duane Salinas Analyst Lab DirectorScott Ward, Ph.D. NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 3 of 4 Grand Island Council Session - 9/13/2022 Page 275 / 306 Date Received: 26-Jul-2022 27-Jul-2022Date Analyzed: 27-Jul-2022Date Reported: JP221037792Order #: 2982869Project #: EMLab ID 2982869 10900 Brittmoore Park Drive, Ste. G Houston TX 77041 Eurofins EMLab P&K - Houston Donnie Combs Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) Appx E Sub E 40 CFR 763 / EPA 600/R-93/116 Sample Description Asbestos ConstituentsSample ID #Non-Asbestos Constituents Eurofins J3 Resources, Inc. 3113 Red Bluff Road, Pasadena, TX 77503 Phone: (713) 290-0223 - Fax: (713) 290-0248 J3Resources.com LAYER 1 Floor Tile, White/Black Streaks, Homogeneous None DetectedJC-9 Non-Fibrous Material 100% LAYER 2 Mastic, Black, Homogeneous Chrysotile 4%Non-Fibrous Material 96% Duct Sealant, Silver/ Black, Homogeneous ChrysotileJC-10 6%Non-Fibrous Material 94% Results apply to the sample as received and relate only to the items tested. This report is for the exclusive use of the addressed client and shall not be reproduced except in full, without written approval by Eurofins J3 Resources, Inc. (EJ3). Samples are analyzed according to the methods listed above and are subject to the inherent limitations of PLM and interference of matrix components. Reporting limit for the above method is a function of the quantity of sample analyzed, matrix interference, sample preparation, fiber size, and distribution. Asbestos may be detected in concentrations of <1% by area if sufficient material is analyzed. All reported results have been determined by calibrated visual estimation (CVE) unless otherwise noted. According to the USEPA 1991 Clarification and the Texas Asbestos Health Protection Rule, a material containing asbestos of <10% by CVE (including <1% asbestos) can only be demonstrated as a non-asbestos containing building material (non-ACBM) if confirmed by point counting. EJ3 recommends TEM confirmation of soils, vermiculite and non-friable organically bound materials (NOB) reported as None Detected or < 1% Asbestos by PLM. All samples received in good condi- tion unless otherwise noted. This report shall not be used to claim product approval, certification, or endorsement by NVLAP, NIST, or any agency of the federal government. Duane Salinas Analyst Lab DirectorScott Ward, Ph.D. NVLAP Lab Code: 600120-0 AIHA-LAP, LLC Lab ID: 157714 TDSHS License: 30-0457 Page 4 of 4 Grand Island Council Session - 9/13/2022 Page 276 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-27-2022 Date of Receipt: 07-28-2022 Date of Report: 08-02-2022 ASBESTOS PLM REPORT Total Samples Submitted:6 Total Samples Analyzed:6 Total Samples with Layer Asbestos Content > 1%:1 Location: BB-1, Drywall and Joint Compound Lab ID-Version‡: 14372398-1 Sample Layers Asbestos Content White Drywall with Brown Paper ND White Joint Compound with Paint ND Composite Non-Asbestos Content: 10% Cellulose Sample Composite Homogeneity: Moderate Location: BB-2, Tan Vinyl Plank Flooring Lab ID-Version‡: 14372399-1 Sample Layers Asbestos Content Tan Sheet Flooring ND Sample Composite Homogeneity: Good Location: D-1, 12"x12" Tan w/ Lt. Blue/Gray Mottled VFT & Black Mastic Lab ID-Version‡: 14372400-1 Sample Layers Asbestos Content Tan Floor Tile ND Black Mastic 5% Chrysotile Sample Composite Homogeneity: Good EMLab ID: 2987259, Page 2 of 3Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 277 / 306 Eurofins EMLab P&K 1815 West Diehl Road, Suite 800, Naperville, IL 60563 (866) 871-1984 Fax (856) 334-1040 www.emlab.com Client: Heartland Testing & Consulting C/O: Mike Smith Re: Conestoga Mall; NESHAP Date of Sampling: 07-27-2022 Date of Receipt: 07-28-2022 Date of Report: 08-02-2022 ASBESTOS PLM REPORT Location: D-2, Drywall Lab ID-Version‡: 14372401-1 Sample Layers Asbestos Content White Drywall with Brown Paper ND Composite Non-Asbestos Content: 10% Cellulose Sample Composite Homogeneity: Good Location: D-3, 12"x12" Beige/Tan Mottled VFT Lab ID-Version‡: 14372402-1 Sample Layers Asbestos Content Beige Floor Tile ND Sample Composite Homogeneity: Good Location: D-4, Mudded Fitting Lab ID-Version‡: 14372403-1 Sample Layers Asbestos Content White Semi-Fibrous Material ND Composite Non-Asbestos Content: 15% Glass Fibers Sample Composite Homogeneity: Good EMLab ID: 2987259, Page 3 of 3Eurofins EPK Built Environment Testing, LLC The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to claim product certification, approval, or endorsement by any agency of the federal government. Eurofins EMLab P&K reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection limit and to aid in asbestos identification. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". Grand Island Council Session - 9/13/2022 Page 278 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Appendix E – Asbestos Sample Photographs Grand Island Council Session - 9/13/2022 Page 279 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 1: View of Sample SR-1 & SR-2. Photo 2: View of Sample SR-3 & SR-4. Grand Island Council Session - 9/13/2022 Page 280 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 3: View of Sample SR-8. Photo 4: View of sample C-2. Grand Island Council Session - 9/13/2022 Page 281 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 5: View of Sample C-8 & C-11. Photo 6: View of Sample Y-4 & Y-10. Grand Island Council Session - 9/13/2022 Page 282 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 7: View of Sample 41-1. Photo 8: View of Sample 48-1. Grand Island Council Session - 9/13/2022 Page 283 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 9: View of Sample 48-2. Photo 10: View of Sample JC-4. Grand Island Council Session - 9/13/2022 Page 284 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 11: View of Sample JC-10. Photo 12: View of Sample SRR-2, material appears to be a patch material. Grand Island Council Session - 9/13/2022 Page 285 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Photo 13: View of sample D-1. Photo 14: View of Assumed transite soffit. Grand Island Council Session - 9/13/2022 Page 286 / 306 P.O. BOX 290 • ALDA • 6 8 8 10 PHONE: (3 0 8) 708-0604 • FAX: (3 0 8) 3 8 1 - 1 6 9 7 MIKE@ONEILLWR.COM Appendix F – Facility Diagrams Grand Island Council Session - 9/13/2022 Page 287 / 306 Grand Island Council Session - 9/13/2022 Page 288 / 306 Grand IslandCouncil Session - 9/13/2022Page 289 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item H-2 Consideration of Referring Extremely Blighted Property Analysis for Grand Island to the Regional Planning Commission (Conestoga Mall) Staff Contact: Chad Nabity Grand Island Council Session - 9/13/2022 Page 290 / 306 Council Agenda Memo From:Chad Nabity, Director Grand Island CRA Meeting:September 13, 2022 Subject:Proposed Extremely Blighted Areas September 2022 Presenter(s):Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Substandard and Blight Study as prepared for Woodsonia Acquisitions LLC by Kurt Elder, AICP working with Marvin Planning Consultants. This study identifies those areas of Grand Island that could qualify as Extremely Blighted as defined by N.R.S.S 18-2103 (13). 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 or American Community Survey 5-Year Estimate 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; Mr. Elder is a planner with the City of Lincoln Community Development Division and worked closely with the University of Nebraska at Omaha’s Center for Public Affairs and Senator Justin Wayne’s office to develop this methodology for designating areas as Extremely Blighted. The City of Lincoln has used this methodology to designate portions of Lincoln as Extremely Blighted. Grand Island Council Session - 9/13/2022 Page 291 / 306 Discussion Designating an area as Extremely Blighted provides two potential benefits to redevelopment in the area and any residents in the area along with a benefit to the City. 1.The term of TIF bonds in Extremely Blighted areas is may be extended from 15 years to 20 years. This will provide additional capital to the project making it more likely to succeed and to be built out in a shorter time frame. 2.Provide an income tax credit of up to $5000 to first time home buyers that purchase qualifying homes in areas that have been declared Extremely Blight as their primary residence prior to January 1, 2026. N.R.S.S. 77-2715.07 3.Remove those areas that are declared Extremely Blighted from the 35% cap on area that can be declared Blighted and Substandard N.R.S.S. 18-2103 (3) The action item tonight relates to the study for proposed Extremely Blighted Areas within the City of Grand Island as detailed and defined in the attached study. At this point, Council is only making a decision about whether to forward the study to the Planning Commission for its recommendation or not. According to NRSS §18-2109, it is clear that the Planning Commission must hold a public hearing and have the opportunity to review the Extreme Blight Study prior to Council declaring the property Extremely Blighted. If Council wishes to consider such a declaration State Statute requires that the question of whether an area is Extremely Blighted is submitted to the Planning Commission for hearing, review and recommendation. Blighted Area of the Community The City of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of September 6, 2022, 24.78% of the City has been declared blighted and substandard. Area 28 would add 78.45 acres to the total of blighted and substandard property and would, if approved, add 0.40% to the total area declared blighted and substandard bringing the total to 25.19%. Any area that is declared extremely blighted is not counted against the 35% maximum area that can be declared blighted and substandard. If all of the areas identified in this study as qualifying as Extremely Blight are declared as such the possible 25.19% would be reduced to about 19% Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/13/2022 Page 292 / 306 1.Move to forward the Study to the Planning Commission for its recommendation. 2.Move to not forward the Study to the Planning Commission for its recommendation. 3.Refer the issue to a committee. 4.Postpone the issue to future date. 5.Take no action on the issue. Recommendation City Administration recommends that the Council move to forward the study to the Planning Commission if Council wishes to consider declaring these properties Extremely Blighted. Sample Motion Move to forward the Study to the Planning Commission for their review and recommendation. Grand Island Council Session - 9/13/2022 Page 293 / 306 EXTREMELY BLIGHTED DETERMINATION STUDY CITY OF GRAND ISLAND, NEBRASKA AUGUST 2022 A study to determine if areas already declared Blighted and Substandard meet the Legislative requirements to be declared extremely blighted for purposes of receiving potential funding, extended TIF periods and tax credits. Prepared by Marvin Planning Consultants, Inc and Kurt Elder, AICP AUGUST 2022 Grand Island Council Session - 9/13/2022 Page 294 / 306 BLIGHT and EXTREMELY BLIGHTED AREA STUDY REF: Statute 18-2101 to 18-2154 and section of the act, aka Community Development Law REASONS FOR COMPLETING AN EXTREMELY BLIGHTED STUDY Section 2: (1) For any city that (a) intends to carry out a redevelopment project which will involve the construction of workforce housing in an extremely blighted area as authorized under subdivision (28)(g) of section 18-2103, (b) intends to declare an area as an extremely blighted area for purposes of funding decisions under subdivision (1)(b) of section 58-708, or (c) intends to declare an area as an extremely blighted area in order for individuals purchasing residences in such area to qualify for the income tax credit authorized in subsection (7) of section 77-2715.07, the governing body of such city shall first declare, by resolution adopted after the public hearings required under this section, such area to be an extremely blighted area. LEGISLATIVE DIRECTION Section 2: (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 extremely blighted and shall submit the question of whether such area is extremely blighted to the planning commission or board of the city for its review and recommendation. (…) The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. PROCESS Brief: For an area to be designated as extremely blighted and substandard two finding, through three facets, need to be meet. These facets are defined in Nebraska statute. (i.e. 18-2103 – Terms, …) However, for brevity they are simplified into two broad components (a) areas that have been found blighted and substandard through city council action, and (b) have been found to be contain extremely blighted components. This study primarily determines which areas meet the statutory definition of extremely blighted An approved blighted and substandard area is also extremely blighted if (i) the average rate of unemployment in the area during the period covered by the most recent federal decennial census or American Community Survey 5-Year Estimate is at least two hundred percent of the average rate of unemployment in the state during the same period; and (ii) 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 Because Grand Island’s approved blight areas do not conform to defined census geographies. This study honors the intention of the statute and completes an independent analysis of poverty and unemployment components. Census areas that are qualified in each study form the basis for determining extreme blight. To be clear if ‘Geography A’ was qualified in both studies then any declared blight in ‘Geography A’ could be nominated as extremely blighted. Lastly, if a census geography or portion of is in the City of Grand Island corporate limits it was considered in the development of the separate components. DATA TABLES Council Approved Blight - The Community development law requires that an Extremely Blighted and Substandard area be an approved blighted area. The City of Grand Island keeps a list of approved blight areas in their offices and online at https://www.grand- island.com/departments/regional-planning/community-redevelopment-authority-cra/blight- Grand Island Council Session - 9/13/2022 Page 295 / 306 study-areas. Also, attached is ‘Proposed Blight Area’ and ‘Proposed Extreme Blight Area’ which details a blighted area. Both blight and extreme blight can share common public hearings. Extremely Blighted Components - Part (i) is a state comparison. The 2020 Nebraska Unemployment rate according to the US Census American Community Survey (five-year average) was 3.37%. Therefore, the average rate of our selected area would require an unemployment rate of at least 6.74% Marvin Planning Consultants, Inc. and Kurt Elder (The Team) developed an area with an average unemployment greater than of 7.52%. An area average is determined by using the sum of estimated factors and NOT the average of each piece. Attached is ’Unemployment Area’, which details our proposed unemployment area. Part (ii) is a local area finding. Grand Island’s 2020 poverty rate was 11.83% but in line with state statute, we developed an area with greater than 20% poverty. An area average is determined by using the sum of estimated factors and NOT the average of each piece. Attached is ‘Poverty Review’, which details our proposed poverty area. All data was 2020 US Census American Community 5-year Survey data. We choose to utilize only block-group level information from the census to minimize independent margins of error. Furthermore, our data methodology and averaging process/interpetation received support from UNO’s David Drozd Research Coordinator at the UNO Center for Public Affairs and notified Sen. Justin Wayne (i.e., Nebraska Legislature, Chair of the Urban Affairs Committee) office to confirm his support. His legislative assistant relayed support. ANALYSIS The Team overlaid these three facets/area reviews (i.e., approved blight, 20%+ poverty, 200%+ of the Nebraska’s unemployment rate, and delineated areas where the three intersected. This proposed extremely blighted area is attached as ‘Proposed Extreme Blight Area’. Study completed, compiled, and submitted by The Team ATTACHMENTS ‘Existing Blight Area’ ‘Proposed Blight Area’ ‘Proposed Blight Area - Detail’ ‘Employment Review’ ‘Poverty Review’ ‘Proposed Extreme Blight Area’ Grand Island Council Session - 9/13/2022 Page 296 / 306 Grand Island Council Session - 9/13/2022 Page 297 / 306 Grand Island Council Session - 9/13/2022 Page 298 / 306 Grand Island Council Session - 9/13/2022 Page 299 / 306 Grand Island Council Session - 9/13/2022 Page 300 / 306 Grand Island Council Session - 9/13/2022 Page 301 / 306 Grand Island Council Session - 9/13/2022 Page 302 / 306 Grand Island Council Session - 9/13/2022 Page 303 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item J-1 Approving Payment of Claims for the Period of August 24, 2022 through September 13, 2022 The Claims for the period of August 24, 2022 through September21, 2022 for a total amount of $9,189,711.23. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 9/13/2022 Page 304 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item X-1 Strategy Session Regarding Negotiations Relative to Redevelopment Incentives of Conestoga Mall The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Chad Nabity Grand Island Council Session - 9/13/2022 Page 305 / 306 City of Grand Island Tuesday, September 13, 2022 Council Session Item X-2 Strategy Session Regarding Labor Negotiations with IBEW Wastewater Treatment Plant Labor Contract The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/13/2022 Page 306 / 306