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05-27-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, May 27, 2008 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Tom Brown Larry Carney John Gericke Peg Gilbert Joyce Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council 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. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Scott Jones, Third City Christian Church, 4100 West 13th Street 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. City of Grand Island City Council Item E1 Public Hearing on Request from M-Z Corporation dba J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an Addition to Class "C-13059" Liquor License Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: May 27, 2008 Subject: Public Hearing on Request from M-Z Corporation dba J- Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an Addition to Class “C-13059” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background M-Z Corporation dba J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue has submitted an application for an addition to their Class “C-13059” Liquor License. The request includes an area of approximately 25’ x 8’ to be added to the west side of the existing building. (See attached drawing.) Discussion Chapter 2, Section 012.07 of the Nebraska Liquor Control Commission Rules and Regulations define “Beer garden” as “an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises” 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, and Health Departments. 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 the application. Sample Motion Move to approve the application for a 25’ x 8’ addition from M-Z Corporation dba J- Boys Seven Seas Lounge, 2332 North Broadwell Avenue, Liquor License “C-13059” contingent upon final inspections. Item E2 Public Hearing Concerning Acquisition of Utility Easement - Between 2777 N. Broadwell Avenue and 204 E. Roberts - Agricultural Services Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: May 27, 2008 Subject: Acquisition of Utility Easement – Between 2777 N. Broadwell Ave. and 204 E. Roberts – Agricultural Services Item #’s: E-2 & G-5 Presenter(s): Robert H. Smith, Asst. Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Agricultural Services located between Agricultural Services at 2777 N. Broadwell Avenue and McCain Foods, 204 East Roberts Street, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to provide electrical service to a new pumping station and tanks now under construction by Agricultural Services. The easement will contain the primary underground cable and pad-mounted transformer. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning Acquisition of Utility Easement - Northwest of 3135 E. Hwy. 30 - Elite 8 Trucking (Michael Graham) Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: May 27, 2008 Subject: Acquisition of Utility Easement – Northwest of 3135 E. Highway 30 – Elite 8 Trucking (Michael Graham) Item #’s: E-3 & G-6 Presenter(s): Robert H. Smith, Asst. Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Michael Graham, located northwest of 3135 E. Highway 30 – Elite 8 Trucking, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate underground primary electric cable and a pad- mounted transformer to provide electrical service to a new truck repair facility. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning Rezoning Northview II, Lots 1-11, Block 1, from R1 Suburban Residential, R2 Low Density Residential, to R3 Medium Density Residential Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: May 27, 2008 Subject: Change of Zoning (Lots 1-11, Block 1, Northview Second Subdivision) Item #’s: E-4 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This is an application requesting to change the zoning for lots 1 to 11 of Block 1 of Northview Second Subdivision from R1 Suburban Density Residential Zone, and R2 Low Density Residential Zone to R3 Medium Density Residential Zone. The subject property is located west of North Road on Anne Marie Avenue. The stated purpose of this request is to build townhouse or condominium units on the property. This will reduce the required property per unit from 6000 square feet to 3000 square feet. A copy of the staff report to the Planning Commission is attached. Discussion The application requesting to change the zoning for lots 1 to 11 of Block 1 of Northview Second Subdivision from R1 Suburban Density Residential Zone, and R2 Low Density Residential Zone to R3 Medium Density Residential Zone. The request was considered by the Regional Planning Commission following a public hearing held at the May 7, 2008 meeting. A motion was made by Ruge and seconded by Haskins to recommend approval for the application requesting to change the zoning for lots 1 to 11 of Block 1 of Northview Second Subdivision from R1 Suburban Density Residential Zone, and R2 Low Density Residential Zone to R3 Medium Density Residential Zone. A roll call vote was taken and the motion passed with 9 members present (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Snodgrass ) voting in favor and no member present 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 Recommendation City Administration recommends that the Council approve the zoning change as presented. Sample Motion Move to approve as recommended. Agenda Item 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: April 16, 2008 SUBJECT: Rezoning Request C-14-2008GI PROPOSAL: To change the zoning for lots 1 to 11 of Block 1 of Northview Second Subdivision from R1 Suburban Density Residential Zone, and R2 Low Density Residential Zone to R3 Medium Density Residential Zone. The subject property is located west of North Road on Anne Marie Avenue. The stated purpose of this request is to build townhouse or condominium units on the property. This will reduce the required property per unit from 6000 square feet to 3000 square feet. OVERVIEW: Site Analysis Current zoning designation: R1-Suburban Density Residential R2 Low Density Residential Zone Permitted and conditional uses: R1 residential uses at a density of 4 units per acre; Churches, Parks and Schools R2 residential uses at a density of 7 units per acre; Churches, Parks and Schools. Comprehensive Plan Designation: Low to Medium Density Residential Existing land uses: vacant residential lots Site constraints: Access from North Road is limited. Adjacent Properties Analysis Current zoning designations: North and East: B2 General Business South: R2 Medium Density Residential West: R1 Suburban Density Residential Permitted and conditional uses: R2 residential uses at a density of 7 units per acre; Churches, Parks and Schools. R1: residential uses at a density of 4 units per acre; Churches, Parks and Schools. B2: General service, retail and wholesale commercial uses including outdoor sales, Billboards Comprehensive Plan Designation: North and East: Commercial/ South and West: Low to Medium Density Residential Existing land uses: North and East: vacant ground, farm ground South: Houses, Northwest High School West: vacant residential lots EVALUATION: The proposed rezoning is consistent with the comprehensive plan. The comprehensive plan would allow up to medium density residential (R3) at this location. The proposed housing would provide a buffer between potential commercial uses and the lower density residential planned to the south and west. As markets changes during the course of a development it is sometimes advantageous to change the original plan for a subdivision. This change is not significant but would allow the developers to capture a market they feel exists within the City. Positive Implications: · Consistent with intent of the City’s Comprehensive Plan: The City’s 2004 Comprehensive Plan has designated this site for Commercial uses. Rezoning this property to R3-Medium Density Residential is consistent with the Comprehensive Plan · Compatible with adjacent land uses: The R3 zone is an appropriate buffer for the planned and existing uses on surrounding properties. Negative Implications: · No negative implications foreseen. RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council approve this request to amend the rezoning from R1-Suburband Density Residential and R2 Low Density Residential to R3 Medium Density Residential as presented. ___________________ Chad Nabity AICP, Planning Director Item E5 Public Hearing on Solid Waste Disposal Facilities Revenue Bonds for JBS Swift & Company (Microgy Grand Island, LLC Project) Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski, David Springer City of Grand Island City Council Council Agenda Memo From: Dale Shotkoski, City Attorney Dave Springer, Finance Director Meeting: May 27, 2008 Subject: Public Hearing on Proposed Issuance of Tax-Exempt Industrial Development Revenue Bonds for Microgy Grand Island, LLC Item #’s: E-5 Presenter(s): Dale Shotkoski, City Attorney Dave Springer, Finance Director Background On February 26, 2008, council approved the intent for the City of Grand Island to issue its industrial development revenue bonds, as authorized by Nebraska statutes, for the purpose of defraying the cost of acquisition, construction and equipping of certain solid waste disposal and biogas manufacturing facilities to be operated by Microgy at the Swift & Company beef processing facility in Grand Island. Discussion The proposed Microgy facility, together with an additional holding pond, currently under construction at Swift, are intended to help reduce the flow and the solids content to our WWTP and provide an environmental friendly generation of biogas to be used in their facility. The Microgy facility meets the criteria for the issuance of these Industrial Development Revenue Bonds. These would be limited obligations of the City payable sole ly from payments made by the Company under a lease agreement with the City and will not constitute a liability to the City, nor would they be payable from any tax source. As required by law, this public hearing provides an opportunity for persons wishing to comment on this subject and will be followed at a later date with an ordinance for council’s consideration. Recommendation City Administration recommends that the Council conduct a public hearing on the issuance of Tax-Exempt Industrial Development Revenue Bonds to finance the Microgy Grand Island, LLC facility. NOTICE TO PUBLIC NOTICE OF PUBLIC HEARING ABOUT THE CITY OF GRAND ISLAND, NEBRASKA SOLID WASTE DISPOSAL FACILITIES REVENUE BONDS (MICROGY GRAND ISLAND, LLC PROJECT) SERIES 2008 Notice is hereby given by The City of Grand Island, Nebraska of a public hearing to be held by the City Council at 7:00 p.m. on May 27, 2008 in the Council Chambers, City Hall, 100 East First Street, Grand Island, Nebraska. The subject of the hearing is the advisability of the proposed issuance pursuant to a plan of financing of one or more series of industrial development revenue bonds (the “Bonds”) in the aggregate principal amount of up to $10,000,000 by The City of Grand Island, Nebraska, pursuant to the provisions of the Nebraska Industrial Development Act, Reissue Revised Statutes of Nebraska, 1997, Sections 13-1101 et seq., as amended. The proceeds of the Bonds will be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a project composed of certain industrial solid waste disposal facilities for Microgy Grand Island, LLC at the JBS Swift & Company beef processing facility located at 555 S. Stuhr Road, Grand Island, Nebraska. Such facilities will be leased by Microgy Grand Island, LLC from the City pursuant to a Lease Agreement under which the City will make available to Microgy Grand Island, LLC the proceeds from the sale of the Bonds in return for lease payments from Microgy Grand Island, LLC sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same fall due. The Bonds, if issued, and the interest thereon will be limited obligations of the City payable solely from the revenues derived from the Lease Agreement and other security arrangements, if any. The Bonds and the interest thereon will not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and will not be payable from any tax sources. Following such public hearing on May 27 or at a later meeting, the City Council will consider for adoption an ordinance granting public approval to such proposed issuance of Bonds, for the purpose of complying with Section 147(f) of the Internal Revenue Code of 1986, as amended. Persons wishing to make comments in writing about the proposed Bonds and related project shall do so in advance of the commencement of the public hearing on May 27, 2008 to the City of Grand Island, Nebraska , c/o Ms. RaNae Edwards, City Clerk, City Hall, 100 East First Street, Grand Island, Nebraska 68802. CITY OF GRAND ISLAND, NEBRASKA City Clerk Dated: May 12, 2008 Item F1 #9169 - Consideration of Rezoning Northview II, Lots 1-11, Block 1, from R1 Suburban Residential, R2 Low Density Residential, to R3 Medium Density Residential This item relates to the aforementioned Public Hearing Item E-4. Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ May 23, 2008 ¤ City Attorney ORDINANCE NO. 9169 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), and Eleven (11) Block One (1) inclusive, all in Northview Second Subdivision in the City of Grand Island, Hall County, Nebraska, from R1 Suburban Density Residential Zone and R2 Low Density Residential Zone to R3 Medium Density Residential Zone, directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the zoning map pursuant to Chapter 36; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 7, 2008, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on May 27, 2008, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from R1 Suburban Density Residential Zone and R2 Low Density Residential Zone to R3 Medium Density Residential Zone: Lots One (1) through Eleven (11), Block 1 inclusive, all in Northview Second Subdivision in the City of Grand Island, Hall County, Nebraska. ORDINANCE NO. 9169 - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 27, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9170 - Consideration of Amending Salary Ordinance Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: May 27, 2008 Subject: Amending Salary Ordinance Item #’s: F-2 Presenter(s): Brenda Sutherland, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. Discussion City staff has recently concluded negotiations with the employees represented by the Fraternal Order of Police #24 more commonly referred to as the FOP. Negotiations have been ongoing for over a year with agreement recently being reached. The FOP represents seventy-one (71) sworn police officers and sergeants. The wages presented in the salary ordinance represent wages negotiated by the City and the FOP. Police officer wages are recommended to increase by 3.75% and police sergeant by 5.75%. In addition, a change to the limit and payout of medical leave was negotiated and the new limit for accrued medical leave is 1,080 hours of which 37.5% shall be paid out at retirement or 50% due to death in the line of duty. The allowance for uniform has a negotiated change from $50 per month to $25 per pay period. The City is reserving its right to implement its right to the full utilization of the 207(k) FSLA exemption. For purposes of calculating overtime, the pay period shall run concurrently with the City’s payroll cycle and be calculated on a 14 day pay period. Three other areas of housekeeping in the salary ordinance are: 1.) The renaming of the Assistant Public Works Director to the Manager of Engineering Services; 2.) Correction of a typo on the top wage of the Firefighter EMT scale to accurately represent the negotiated wage in the labor agreement; and 3.) Adjust the position of Biosolids Technician so that it properly aligns in the Wastewater division. 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 Salary Ordinance No. 9170. Sample Motion Move to approve Salary Ordinance No. 9170. Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney ORDINANCE NO. 9170 An ordinance to amend Ordinance 9156 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to add the bargaining agreement for the IBEW-WWTP; to amend the salary range of the Waste Water Plant Chief Operator, and to remove Maintenance Worker I-WWTP; to remove Maintenance Worker II – WWTP and replace it with Maintenance Worker – WWTP; to remove Maintenance Worker – Shooting Range, and to add the salary range for Shooting Range Operator; to remove Assistant Public Works Director and replace it with Manager of Engineering Services; to amend the salary ranges for the FOP labor agreement; to correct the salary range of Firefighter/EMT; and to adjust the salary range for Biosolids Technician; and to repeal those portions of Ordinance No. 9156 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and gene ral employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1558.61/2193.83 Exempt Accounting Technician – Solid Waste, Streets 1053.92/1483.06 40 hrs/week Administrative Assistant 1137.90/1602.11 40 hrs/week Assistant to the City Administrator 1483.44/2088.45 Exempt ORDINANCE NO. 9170 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Assistant Public Works Director 2159.01/3037.57 Exempt Assistant Utility Director – Administration 2896.69/4076.27 Exempt Assistant Utility Director – PGS & PCC 3137.79/4415.74 Exempt Attorney 2073.17/2917.27 Exempt Audio-Video Technician 1075.04/1512.69 40 hrs/week Biosolids Technician 1226.69/1726.77 1281.89/1804.47 40 hrs/week Building Department Director 2363.43/3324.37 Exempt Building Inspector 1364.31/1919.54 40 hrs/week Building Secretary 962.98/1354.57 40 hrs/week Cemetery Superintendent 1412.00/1987.87 Exempt City Administrator 3824.06/5381.58 Exempt City Attorney 2761.31/3886.29 Exempt City Clerk 1587.03/2233.34 Exempt Civil Engineering Manager – Public Works Engineering 2103.36/2960.78 Exempt Civil Engineering Manager – Utility PCC 2313.37/3256.91 Exempt Collection System Supervisor 1455.49/2048.29 40 hrs/week Communications Specialist/EMD 993.66/1401.65 40 hrs/week Community Development Administrator 1200.32/1688.99 Exempt Community Service Officer 855.50/1203.42 40 hrs/week Custodian 855.02/1206.56 40 hrs/week Electric Distribution Superintendent 2316.89/3259.62 Exempt Electric Distribution Supervisor 1957.37/2753.29 40 hrs/week Electric Underground Superintendent 2063.23/2903.10 Exempt Electrical Engineer I 1892.82/2664.80 Exempt Electrical Engineer II 2193.88/3087.91 Exempt Electrical Inspector 1364.31/1919.54 40 hrs/week Emergency Management Coordinator 955.73/1344.42 40 hrs/week Emergency Management Deputy Director 1523.71/2144.11 Exempt Emergency Management Director 2168.54/3051.38 Exempt EMS Division Chief 1843.13/2593.37 Exempt Engineering Technician 1367.46/1923.98 40 hrs/week ORDINANCE NO. 9170 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Engineering Technician Supervisor 1563.01/2200.14 Exempt Equipment Operator, Solid Waste 1166.02/1642.08 40 hrs/week Evidence Technician 855.50/1203.42 40 hrs/week Finance Director 2751.86/3872.46 Exempt Finance Secretary 962.98/1354.57 40 hrs/week Fire Chief 2507.23/3527.14 Exempt Fire Operations Division Chief 1983.85/2791.37 Exempt Fire Prevention Division Chief 1843.13/2593.37 Exempt Fire Training Division Chief 1843.13/2593.37 Exempt Fleet Services Superintendent 1571.63/2212.95 Exempt Fleet Services Supervisor 1309.48/1842.74 40 hrs/week Golf Course Superintendent 1758.77/2474.87 Exempt Grounds Management Crew Chief – Cemetery 1318.79/1855.90 40 hrs/week Grounds Management Crew Chief - Parks 1358.35/1911.57 40 hrs/week Human Resources Director 2419.14/3402.74 Exempt Human Resources Specialist 1253.86/1764.06 40 hrs/week Information Technology Manager 2232.60/3141.30 Exempt Information Technology Supervisor 1873.12/2636.08 Exempt Legal Secretary 1101.13/1551.39 40 hrs/week Librarian I 1234.80/1736.85 Exempt Librarian II 1358.47/1911.27 Exempt Library Assistant I 861.53/1211.94 40 hrs/week Library Assistant II 950.30/1337.14 40 hrs/week Library Assistant Director 1611.20/2267.08 Exempt Library Clerk 722.11/1017.44 40 hrs/week Library Director 2180.59/3069.43 Exempt Library Page 546.50/769.22 40 hrs/week Library Secretary 962.98/1354.57 40 hrs/week Maintenance Worker I – Building, Library 991.17/1394.46 40 hrs/week Maintenance Worker I – Golf 1020.90/1436.29 40 hrs/week Maintenance Worker II – Building 1043.78/1471.98 40 hrs/week Maintenance Worker II – Golf 1075.09/1516.14 40 hrs/week ORDINANCE NO. 9170 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Manager of Engineering Services 2159.01/3037.57 Exempt Meter Reader Supervisor 1352.22/1904.34 Exempt Office Manager – Police Department 1152.67/1622.41 40 hrs/week Parking Monitor 573.10/807.33 40 hrs/week Parks and Recreation Director 2466.33/3468.97 Exempt Parks and Recreation Secretary 962.98/1354.57 40 hrs/week Parks Superintendent 1645.42/2314.61 Exempt Payroll Specialist 1229.26/1729.46 40 hrs/week Planning Director 2445.47/3440.41 Exempt Planning Secretary 962.98/1354.57 40 hrs/week Planning Technician 1466.36/2063.10 40 hrs/week Plans Examiner 1364.31/1919.54 40 hrs/week Plumbing Inspector 1364.31/1919.54 40 hrs/week Police Captain 1908.19/2684.91 Exempt Police Chief 2625.92/3696.25 Exempt Police Records Clerk 901.78/1269.70 40 hrs/week Power Plant Maintenance Supervisor 2162.96/3042.49 Exempt Power Plant Operations Supervisor 2251.27/3167.53 Exempt Power Plant Superintendent – Burdick 2465.98/3470.08 Exempt Power Plant Superintendent – PGS 2842.89/3998.62 Exempt Public Information Officer 1417.39/1994.13 Exempt Public Works Director 2762.44/3887.35 Exempt Purchasing Technician 1033.18/1453.33 40 hrs/week Receptionist 927.03/1304.42 40 hrs/week Recreation Superintendent 1560.04/2194.39 Exempt Regulatory and Environmental Specialist 2133.06/3000.43 Exempt Senior Accountant 1760.15/2476.08 Exempt Senior Communications Specialist/EMD 1155.31/1625.04 40 hrs/week Senior Electrical Engineer 2401.98/3379.62 Exempt Senior Equipment Operator, Solid Waste 1224.33/1722.77 40 hrs/week Senior Maintenance Worker 1206.77/1698.62 40 hrs/week Senior Utility Secretary 965.82/1362.11 40 hrs/week ORDINANCE NO. 9170 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Shooting Range Operator 1318.79/1855.90 40 hrs/week Shooting Range Superintendent 1560.04/2194.39 Exempt Solid Waste Division Clerk 866.06/1218.43 40 hrs/week Solid Waste Superintendent 1771.84/2493.32 Exempt Stormwater Technician 1367.46/1923.98 40 hrs/week Street Superintendent 1695.31/2387.81 Exempt Street Supervisor 1345.71/1892.62 40 hrs/week Turf Management Specialist 1364.06/1919.17 40 hrs/week Utility Director 3755.52/5282.96 Exempt Utility Production Engineer 2535.22/3567.88 Exempt Utility Secretary 962.98/1354.57 40 hrs/week Utility Services Manager 1985.04/2793.41 Exempt Utility Warehouse Supervisor 1543.78/2171.30 40 hrs/week Victim Assistance Unit Coordinator 901.78/1269.70 40 hrs/week Wastewater Engineering/Operations Superintendent 1908.50/2686.49 Exempt Wastewater Plant Chief Operator 1263.49/1778.57 40 hrs/week Wastewater Plant Maintenance Supervisor 1461.22/2056.46 40 hrs/week Wastewater Plant Process Supervisor 1515.27/2133.43 40 hrs/week Water Superintendent 1867.64/2627.09 Exempt Water Supervisor 1592.43/2242.64 40 hrs/week Worker / Seasonal 468.00/1600.00 Exempt Worker / Temporary 468.00/1600.00 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9170 (Cont.) - 6 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 1026.30/1443.24 40 hrs/week Fleet Services Attendant/Clerk 932.99/1315.92 40 hrs/week Fleet Services Inventory Specialist 1023.39/1440.33 40 hrs/week Fleet Services Mechanic 1170.74/1646.58 40 hrs/week Horticulturist 1083.66/1526.82 40 hrs/week Maintenance Worker – Cemetery 1018.53/1433.52 40 hrs/week Maintenance Worker – Parks 1011.73/1424.78 40 hrs/week Maintenance Worker – Streets 990.34/1393.67 40 hrs/week Senior Equipment Operator – Streets 1124.46/1583.20 40 hrs/week Senior Maintenance Worker – Parks 1124.46/1583.20 40 hrs/week Senior Maintenance Worker – Streets 1124.46/1583.20 40 hrs/week Traffic Signal Technician 1124.46/1583.20 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 1006.32/1418.39 40 hrs/week Computer Programmer 1559.09/2192.55 40 hrs/week Computer Technician 1216.22/1710.97 40 hrs/week Custodian 898.88/1264.89 40 hrs/week Electric Distribution Crew Chief 1789.75/2517.54 40 hrs/week Electric Underground Crew Chief 1789.75/2517.54 40 hrs/week Engineering Technician I 1277.69/1797.62 40 hrs/week Engineering Technician II 1556.81/2191.62 40 hrs/week GIS Technician 1677.71/2359.90 40 hrs/week Instrument Technician 1852.21/2605.68 40 hrs/week ORDINANCE NO. 9170 (Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Lineworker Apprentice 1266.56/1781.96 40 hrs/week Lineworker First Class 1622.18/2281.74 40 hrs/week Materials Handler 1509.86/2123.73 40 hrs/week Meter Reader 1022.06/1438.74 40 hrs/week Meter Technician 1272.50/1790.30 40 hrs/week Power Dispatcher I 1780.62/2504.46 40 hrs/week Power Dispatcher II 1870.22/2630.71 40 hrs/week Power Plant Maintenance Mechanic 1587.08/2232.39 40 hrs/week Power Plant Operator 1712.20/2408.26 40 hrs/week Senior Accounting Clerk 1057.06/1489.05 40 hrs/week Senior Engineering Technician 1677.71/2359.90 40 hrs/week Senior Materials Handler 1667.14/2344.88 40 hrs/week Senior Meter Reader 1100.61/1546.98 40 hrs/week Senior Power Dispatcher 2063.62/2902.53 40 hrs/week Senior Power Plant Operator 1889.41/2657.90 40 hrs/week Senior Substation Technician 1852.21/2605.68 40 hrs/week Senior Water Maintenance Worker 1370.39/1928.34 40 hrs/week Substation Technician 1720.40/2419.78 40 hrs/week Systems Technician 1852.21/2605.68 40 hrs/week Tree Trim Crew Chief 1622.18/2281.74 40 hrs/week Utilities Electrician 1720.40/2419.78 40 hrs/week Utility Technician 1798.35/2529.64 40 hrs/week Utility Warehouse Clerk 1147.70/1615.35 40 hrs/week Water Maintenance Worker 1210.83/1704.18 40 hrs/week Wireworker I 1398.10/1967.07 40 hrs/week Wireworker II 1622.18/2281.74 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such ORDINANCE NO. 9170 (Cont.) - 8 - classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Officer 1238.20/1730.92 1284.63/1795.83 40 hrs/week Police Sergeant 1520.42/2083.33 1607.85/2203.12 40 hrs/week OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) ORDINANCE NO. 9170 (Cont.) - 9 - hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1684.80/2336.07 212 hrs/28 days Firefighter / EMT 1251.72/1856.52 1251.72/1816.52 212 hrs/28 days Firefighter / Paramedic 1397.52/1973.76 212 hrs/28 days SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 1033.62/1454.40 40 hrs/week Equipment Operator – WWTP 1173.47/1651.20 40 hrs/week Maintenance Mechanic I 1173.47/1651.20 40 hrs/week Maintenance Mechanic II 1313.90/1848.80 40 hrs/week ORDINANCE NO. 9170 (Cont.) - 10 - Maintenance Worker – WWTP 1173.47/1651.20 40 hrs/week Senior Equipment Operator – WWTP 1268.42/1784.80 40 hrs/week Wastewater Clerk 882.96/1242.40 40 hrs/week Wastewater Plant Laboratory Technician 1245.68/1752.80 40 hrs/week Wastewater Plant Operator I 1049.53/1476.80 40 hrs/week Wastewater Plant Operator II 1173.47/1651.20 40 hrs/week SECTION 7. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform allowance in addition to regular salary. All full-time fire fighters shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $484.00 per year, divided into twenty-four (24) pay periods. All full-time police officers shall be paid a clothing and uniform allowance in addition to regular salary of $50.00 per month$25.00 per pay period. Full-time police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $400. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the AFSCME labor unionagreement, the FOP labor unionagreement, the IBEW Utilities and Finance labor unionsagreements, may receive an annual stipend not to exceed $1,000 for bilingual pay. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, ORDINANCE NO. 9170 (Cont.) - 11 - Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by IBEW labor agreements, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications Fleet Services Supervisor, Fleet Services Superintendent, and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 8. Employees shall be compensated for unused medical leave as follows: (A) For all employees except those covered in the IAFF, AFSCME, and IBEW Wastewater, and bargainingFOP labor agreement s, the City will include in the second paycheck in January of each year, payment for an employee’s unused medical leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be based on 50% of the accumulated hours above 960 at the employee’s current pay rate at the time of such compensation. For those employees covered in the AFSCME bargaining labor agreement, the City will include in the second paycheck in January, 2008, payment for an employee's unused medical leave in excess of 968 hours accrued in the preceding ORDINANCE NO. 9170 (Cont.) - 12 - calendar year. The compensation will be based on 50% of the accumulated hours above 968 at the employee's current pay rate at the time of such compensation. For those employees covered in the IBEW Wastewater Treatment Plant bargaining labor agreement, the City will include in the first paycheck in February, 2008, payment for employee’s unused medical leave in excess of 960 hours accrued through September 30, 2007. The compensation will be based on 50% of the accumulated hours above 960 at the employee’s current pay rate at the time of such compensation. (B) All employees except non-union and those covered in the IAFF, and IBEW Wastewater, AFSCME and FOP bargaining labor agreements shall be paid for one-half of their accumulated medical leave at the time of their retirement, the rate of compensation to be based on the employee’s salary at the time of retirement. Employees covered in the IAFF bargaining labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed one thousand five hundred seventy-six hours (1,576 hrs.). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for one-half of their accumulated medical leave at the time of their retirement. The amount of contribution will be based upon the employee’s salary ORDINANCE NO. 9170 (Cont.) - 13 - at the time of retirement. All employees covered by the AFSCME bargaining labor agreement shall be paid forty-five (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement. All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on the employee’s salary at the time of their death. (C) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. ORDINANCE NO. 9170 (Cont.) - 14 - SECTION 9. The City Administrator shall receive a vehicle allowance of Five Hundred Dollars ($500.00) per month in lieu of mileage allowance, divided into two equal payments of Two Hundred Fifty Dollars ($250.00) retroactive to date of employment. SECTION 10. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 11. The salary adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law, except for the employees of the FOP bargaining unit whose salary adjustments are retroactive to October 1, 2007. January 28, 2008, except employees of the IBEW Wastewater bargaining agreement whose salary adjustments will be calculated retroactive to October 1, 2007. SECTION 12. Those portions of Ordinance No. 9156 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 13. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: May 27, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of May 13, 2008 City Council Regular Meeting Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 13, 2008 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 May 13, 2008. Notice of the meeting was given in The Grand Island Independent on May 7, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Scott Friesen, Berean Bible Church, 4116 West Capital Avenue fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council Members Jeff Seim and Allen Buck. Mayor Hornady commented on the number of Letters to the Editor concerning the privatization of the Waste Water Treatment Plant. She clarified that the City was exploring possibilities and options, but no decision had been made yet about privatization. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Employee Health and Fitness Week”, May 19-23, 2008. Mayor Hornady proclaimed the week of May 19-23, 2008 as “Employee Health and Fitness Week”. Jenny Roush, Wellness Education Coordinator was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on April 16, 2008; notice to the general public of date, time, and place of hearing published on May 3, 2008; notice to the applicant of date, time, and place of hearing mailed on April 16, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Dan Stormer, 400 Winters Avenue, Glenvil, Nebraska spoke in support. No further public testimony was heard. Public Hearing on Request from White Horse Tavern, inc. dba White Horse Tavern, 1803 West North Front Street for an Addition to Class “C-04161” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street for an addition to Class “C-04161” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Page 2, City Council Regular Meeting, May 13, 2008 Control Commission and received by the City on April 23, 2008; notice to the general public of date, time, and place of hearing published on May 3, 2008; notice to the applicant of date, time, and place of hearing mailed on April 23, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9168 – Consideration of Vacation of a Portion of East 6th Street (East of 1003 East 6th Street) 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 this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Zapata second the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported that Ordinance #9168 would vacate a portion of East 6th Street, east of 1003 East 6th Street in Evans Addition Subdivision for better utilization of land for a new residential subdivision.. Motion by Brown, second by Haase to approve Ordinance #9168. City Clerk: Ordinance #9168 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. Councilmember Gericke was absent. Motion adopted. City Clerk: Ordinance #9168 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Councilmember Gericke was absent. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9168 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Zapata, second by Nickerson to approve the Consent Agenda. Upon roll call vote, all voted aye. Councilmember Gericke was absent. Motion adopted. Approving Minutes of April 17, 2008 Special Study Session/Goals and Budget Re treat. Approving Minutes of April 22, 2008 City Council Regular Meeting. Approving Minutes of May 6, 2008 City Council Study Session. Approving Re-Appointments of Dianne Miller, Karen Bredthauer and Scott Ericksen to the Interjurisdictional Planning Commission Board. Page 3, City Council Regular Meeting, May 13, 2008 Approving Re-Appointments of Bill Martin, Buzz Douthit, Mike Toukan and Scott Zana to the Business Improvement District #4 Board. Approving Request from Shirley Ginn, 251 Courtland Street, Trumbull, Nebraska for Liquor Manager Designation for Holiday Station Store #114 Located at 1404 West 2nd Street Contingent upon Ms. Ginn Completing a State Approved Alcohol Server/Seller Training Program. #2008-122 – Approving Bid Award for Street Improvement District No. 1256; Widening of Capital Avenue from the Moores Creek drain to Webb Road with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $3,365,842.25. #2008-123 – Approving Designating the North Side of Old Potash Highway from the Armory Driveway East for Approximately 350 Feet as No Parking. #2008-124 – Approving Rescinding Resolution #2008-96 Regarding Asphalt Hot-Mix 2008 and Approving Corrected Resolution #2008-124 Bid Award to Gary Smith Construction Company of Grand Island, Nebraska in an Amount of $34.80 per ton for Type “A”, $28.40 per ton for Type “B” Asphalt Hot-Mix and $33.65 per ton for Type “C” Asphaltic Concrete Hot-Mix. #2008-125 – Approving Setting the Board of Equalization Date of June 10, 2008 for Annual Mowing Assessments. #2008-126 – Approving Keno Satellite Location and Agreement for the KPT, Inc. dba Ole Cow Palace, 3602 West 2nd Street. #2008-127 – Approving Change Order #19 with Chief Construction of Grand Island, Nebraska for Law Enforcement Center in an Amount of $1,107.09 and an Increase in Contingency Fund Balance of $25,943.54. #2008-128 – Approving Change Order #1 with Island Plumbing Company of Grand Island, Nebraska for Campground Potable Water System at the Heartland Public Shooting Park for a Decrease of $4,121.00 and a Revised Contract Amount of $25,000.00. Councilmember Meyer abstained. #2008-129 – Approving Certificate of Final Completion for Master Control and Council Chamber Projects. #2008-130 – Approving Grant Award from Grand Island Community Foundation for Family Day in the Park in the Amount of $2,500.00. #2008-131 – Approving Bid Award for Electric Underground Shop Roof Covering Replacement at 1219 West North Front Street with Tri-Cities Group, Inc. of Grand Island, Nebraska in an Amount of $64,856.00. #2008-132 – Approving Award of Proposal for Engineering Services Related to Quiet Zone Improvements with Felsburg Holt & Ullevig Consulting Engineers of Omaha, Nebraska with JEO Consulting Group of Grand Island, Nebraska as a Sub-Consultant in an Amount not to exceed $28,600.00. Page 4, City Council Regular Meeting, May 13, 2008 RESOLUTIONS: #2008-120 – Consideration of Request from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class “C” Liquor License and Liquor Manager Designation for Daniel Stormer, 400 Winters Avenue, Glenvil, Nebraska. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Motion by Haase, second by Brown to approve Resolution #2008-133 contingent upon final inspections and Mr. Stormer completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2008-134 – Consideration of Request from White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street for an Addition to Class “C-04161” Liquor License. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Motion by Brown, second by Gilbert to approve Resolution #2008-134 contingent upon final inspections. Upon roll call vote, all voted aye. Motion adopted. #2008-135 – Consideration of Intent to Offer Support of the Relocation of the Nebraska State Fair. City Attorney Dale Shotkoski reported that in order to move forward with the relocation of the Nebraska State Fair project, the City needed to have representatives negotiate with the Nebraska State Fair Board, the Hall County Livestock Improvement Association, and the County of Hall. It was recommended that the Mayor designate a negotiating team to pursue agreements between the parties necessary for the relocation of the Nebraska State Fair and bring the appropriate agreements to Council for review and ratification. It was also recommended that additional revenue would be needed and further study on bonding and an occupation tax on Food and Beverage Service businesses was necessary. The following people spoke: · Dean Pegg owner of The Chicken Coop, 120 East 3rd Street – opposed Food & Beverage Tax · Lewis Kent, 624 E. Meves Avenue – opposed · Curtis Cellar, 4258 Nevada Avenue – opposed Food & Beverage Tax · Rick Milton, 109 East Ashton - support · Andrew Meier, 4039 Craig Drive – opposed Food & Beverage Tax Discussion was held by the council on the merits of a Food and Beverage Tax. Mayor Hornady commented on the negotiating team and participation of the City in looking into the options of moving forward with the State Fair relocation and financing issues. Motion by Ramsey, second by Nickerson to approve Resolution #2008-135. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of April 23, 2008 through May 13, 2008, for a total amount of $3,342,792.39. Motion adopted unanimously. Page 5, City Council Regular Meeting, May 13, 2008 ADJOURNMENT: The meeting was adjourned at 8:05 p.m. RaNae Edwards City Clerk Item G2 Approving Request of Becky Janes, 2236 West 11th Street for Liquor Manager Designation for Red Lobster #0734, 3430 West 13th Street Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: May 27, 2008 Subject: Request from Becky Janes, 2236 West 11th Street for Liquor Manager Designation for Red Lobster #0734, 3430 West 13th Street Item #’s: G-2 Presenter(s): RaNae Edwards, City Clerk Background Becky Janes, 2236 West 11th Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “I-32486” Liquor License for Red Lobster #0734, 3430 West 13th Street. This application has been reviewed by the Police Department and City Clerk’s Office. 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. See attached Police Department report. 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 request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request of Becky Janes, 2236 West 11th Street for Liquor Manager Designation in conjunction with the Class “I-32486” Liquor License for Red Lobster #0734, 3430 West 13th Street with the stipulation that Ms. Janes complete a state approved alcohol server/seller training program. Item G3 #2008-136 - Approving 2008 High Intensity Drug Trafficking Area (HIDTA) Grant Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Captain Robert Falldorf, Police Department Meeting: May 27, 2008 Subject: 2008 High Intensity Drug Trafficking Area (HIDTA) Grant Item #’s: G-3 Presenter(s): Steve Lamken, Chief of Police Background The Grand Island Police Department is eligible to receive yearly funding from the Federal Government in the form of a High Intensity Drug Trafficking Area (HIDTA) Grant. The 2008 HIDTA award amount to the Grand Island Police Department for the Tri City Drug Task Force is $54,892. The Grant period is from 01-01-08 through 12-31-09. Discussion The Nebraska State Patrol will again be serving as the fiduciary for the HIDTA funding to the Grand Island Police Department for the Tri City Drug Task Force. It is necessary for the City of Grand Island by and through the Grand Island Police Department to approve the contract award through the Nebraska State Patrol for the grant award amount of $54,892. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract with the Nebraska State Patrol for the 2008 HIDTA funding award. 2. Send to committee for further discussion. 3. Table for more discussion. 4. Take no action. Recommendation City Administration recommends that the Council approve the contract with the Nebraska State Patrol for the 2008 HIDTA funding award in the amount of $54,892. Sample Motion Move to approve the contract with the Nebraska State Patrol for the 2008 HIDTA funding award in the amount of $54,892. Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-136 WHEREAS, the Office of National Drug Control Policy (ONDCP) has awarded a High Intensity Drug Trafficking Area (HIDTA) grant to the state of Nebraska for utilization by various state and local law enforcement agencies; and WHEREAS, the City of Grand Island has participated in a variety of activities in connection with the HIDTA grant and other coordinated activities to fight drug trafficking; and WHEREAS, the Grand Island Police Department is eligible to receive yearly funding through the HIDTA grant; and WHEREAS, it is necessary for the City of Grand Island, by and through the Grand Island Police Department to approve the contract award through the Nebraska State Patrol for the grant award amount of $54,892.00 for the year 2008-2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract between the City of Grand Island and the Nebraska State Patrol for the 2008 HIDTA funding award in the amount of $54,892.00 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute such documents and take such action as is necessary and appropriate to accomplish these purposes. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2008-137 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: May 27, 2008 Subject: Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Item #’s: G-4 Presenter(s): Steve Paustian, Parks and Recreation Director Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases that were approved provide for an automatic one year renewal requested by the lessees. The resolution that is presented for Council consideration would authorize the city to renew the lease on Building's No. A-11 and A-12 located on city property at the former Cornhusker Army Ammunition Plant. Discussion The city purchased property at the former Cornhusker Army Ammunition Plant that had several buildings located on it. The city has been leasing these buildings to the State of Nebraska, Department of Administrative Services, State Building Division; Dominion Construction Company; and Jerry Harders to obtain revenue and utilize these assets. There have not been any problems with damage to the property or with non payment of rent and City Parks & Recreation officials are recommending that the Council extend the lease for an additional year. The State of Nebraska has a two year lease which runs through next year. The two leases requiring action are for Dominion Construction and Jerry Harders. 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 resolution authorizing the extension of the leases for an additional year. Sample Motion Move to approve the resolution authorizing the city to extend the leases for an additional year to Dominion Construction Company in the amount of $2,750.00 and Jerry Harders in the amount of $825.00. Approved as to Form ¤ ___________ May 23, 2008 ¤ City Attorney R E S O L U T I O N 2008-137 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building Leases with the tenants of the buildings pending development of the property; and, WHEREAS, the leases terminated on April 30, 2008; and WHEREAS, two of the Lessee's of the storage buildings have requested that their lease be renewed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker Army Ammunition Plant are hereby authorized to be renewed for an additional year to the following Lessees in accordance with the Building Leases: Lessee Description Rental Dominion Construction Company Storage building $2,750/yr. Jerry Harders Fire/guard building $825/yr. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2008-138 - Approving Acquisition of Utility Easement - Between 2777 N. Broadwell Avenue and 204 E. Roberts - Agricultural Services This item relates to the aforementioned Public Hearing Item E-2. Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-138 WHEREAS, a public utility easement is required by the City of Grand Island, from Agricultural Services, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on May 27, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of the Northwest Quarter of the Southwest Quarter (NW1/4, SW1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West, said point also being the northwest corner of Lot One (1) Ore-Ida Subdivision; thence southerly, along the easterly line of the Northwest Quarter of the Southwest Quarter (NW1/4, SW1/4) of said Section Four (4), a distance of six hundred ninety seven and eighty one hundredths (697.81) feet to the ACTUAL Point of Beginning; thence westerly and perpendicular to the easterly line of the Northwest Quarter of the Southwest Quarter (NW1/4, SW1/4) of said Section Four (4), a distance of four hundred eighty two (482.0) feet, and ten feet on either side of said line. The above-described easement and right-of-way containing a total of 0.22 acres, more or less, as shown on the plat dated 5/9/2008, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Agricultural Services on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G6 #2008-139 - Approving Acquisition of Utility Easement - Northwest of 3135 East. Highway 30 - Elite 8 Trucking (Michael Graham) This item relates to the aforementioned Public Hearing Item E-3. Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-139 WHEREAS, a public utility easement is required by the City of Grand Island, from Michael Paul Graham, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on May 27, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot Four (4) Voss Subdivision; thence southerly, along the westerly line of said Lot Four (4), a distance of sixty five and seventy one hundredths (65.71) feet to the ACTUAL Point of Beginning; thence deflecting left 115°11’21” and running northeasterly along the southerly line of a tract of land described in Document 200310208, recorded in the Hall County Deeds Office, a distance of two hundred sixty four and ninety two hundredths (264.92) feet; thence southerly, parallel with the westerly line of said Lot Four (4), a distance of twenty two and fifteen (22.15) feet; thence deflecting right 64°48’39” and running southwesterly, a distance of two hundred sixty four and ninety two hundredths (264.92) feet to a point on the westerly line of said Lot Four (4); thence northerly, along the westerly line of said Lot Four (4), a distance of twenty two and fifteen hundredths (22.15) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.123 acres, more or less, as shown on the plat dated 5/7/2008, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Michael Paul Graham, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2008-140 - Approving Nebraska Water Agency Response Network (WARN) Agreement Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader;Steve Riehle;Wesley Nespor City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Steve Riehle, Public Works Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: May 27, 2008 Subject: Nebraska Water Agency Response Network (WARN) Item #’s: G-7 Presenter(s): Robert H. Smith, Asst. Utilities Director Background Nebraska WARN stands for the Nebraska Water Agency Response Network. The purpose is to provide a method for water, wastewater, and storm water utilities to obtain emergency assistance from other cities and agencies. That assistance could be personnel, equipment, materials, or other services that may be needed. A copy of the proposed WARN Agreement is attached. It provides the procedures for payment, supervision, insurance, and indemnification responsibilities of both the assisting utility and the damaged utility. The cities and utilities who become members of WARN will create a data base of materials commonly used on their system, vehicles, equipment, and the expertise and abilities of employees. This information will then be made available to other WARN members on a password protected computer system. Should a utility become damaged and need assistance, the damaged utility would request WARN member assistance. The participating utility is under no obligation to provide assistance. There is no cost to participate in WARN. Discussion The organization in Nebraska is just beginning. The current location of records is the League of Municipalities, Utilities Section office. A steering committee is working on the initial development of the WARN program. The committee includes representatives from the American Water Works Association, Nebraska Rural Water Association, Water Environment Foundation, League of Nebraska Utilities, Nebraska Department of Health and Human Services, Nebraska Department of Environmental Quality, Midwest Assistance Program, Nebraska Emergency Management Agency, and eight municipal utilities including Grand Island. Grand Island has been the beneficiary of mutual aid and has also been the assisting utility when others have had emergencies. A recent example of receiving assistance would be the use of high volume water pumps from other utilities during the recent valve failure at the Waste Water Treat Plant. 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 Nebraska WARN Agreement. Sample Motion Move to approve the Nebraska WARN Agreement. NEBRASKA WARN WATER AND WASTEWATER AND STORMWATER MUTUAL AID AGREEMENT PURPOSE The Water and Wastewater and Stormwater Mutual Aid Program is hereby established to provide a method whereby water, wastewater, and stormwater departments sustaining physical damage from natural or man made disasters can obtain emergency assistance, in the form of personnel, equipment, and materials and other associated services necessary, from other water, wastewater, and stormwater departments. The purpose of this Agreement is to formally document such program. The title of this agreement shall be the Nebraska WARN. PARTIES This Mutual Aid Agreement (“Agreement”) is entered into by the City of Grand Island, that by the signatures on duplicate original copies of this Agreement has consented to the terms of this Agreement. Any utility that has signed this Agreement and submitted a copy to the location designated by the Nebraska WARN Governance Board is a party to this Agreement. Eligible participants shall be limited to a ny political subdivision of the State of Nebraska that owns and/or operates a water, wastewater and/or stormwater system. PROCEDURE · In the event that a particular utility becomes a damaged utility, the following procedure shall be followed to the best extent possible: · The damaged utility may contact the authorized representative of one or more of the Participating Utilities and provide them with the following information: o A general description of the damage sustained; o The part of the water/wastewater/stormwater system for which assistance is needed; o The amount and type of personnel, equipment, materials and supplies needed and a reasonable length of time they will be needed; o The present weather conditions and the forecast for the next twenty-four hours; and o A specific time and place for a representative of the damaged utility to meet the personnel and equipment of the assisting utility; and o The identification of work conditions and special constraints such as availability of fuel supplies, lodging/meal support, medical facilities, security, communications, etc. · When contacted by a damaged utility, the authorized representative of a participating utility shall assess his utility’s situation to determine whether it is capable of providing assistance. No participating utility shall be under any obligation to provide assistance to a damaged utility. If the authorized representative determines that the assisting utility is capable of and willing to provide assistance, the assisting utility shall so notify the authorized representative of the damaged utility and providing the following information to the best extent possible: o A complete description of the personnel, equipment and materials to be furnished to the damaged utility; o The estimated length of time the personnel, equipment and materials will be available; o The work experience and ability of the personnel and the capability of the equipment to be furnished; o The name of the person or persons to be designated as supervisory personnel; and o The estimated time when the assistance provided will arrive at the location designated by the authorized representative of the damaged utility. · The personnel and equipment of the assisting utility shall remain, at all times, under the direct supervision and control of the designated supervisory personnel of the assisting utility. In instances where only equipment is provided by the assisting utility, the ownership of said equipment shall remain with the assisting utility and said equipment shall be returned to the assisting utility immediately upon request. Representatives of the damaged utility shall suggest work assignments and schedules for the personnel of the assisting utility; however, the designated supervisory personnel of the assisting utility shall have the exclusive responsibility and authority for assigning work and establishing work schedules for the personnel of the assisting utility. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be responsible for the operation and maintenance of the equipment furnished by the assisting utility, and report work progress to the damaged utility. · Unless otherwise agreed to, the damaged utility must provide food and housing for the personnel of the assisting utility from the time of departure from their regularly scheduled work location until the time of return to their regularly scheduled work location. The food and shelter provided shall be subject to the approval by the assisting utility’s supervisory personnel. If not approved, food and shelter must be provided and paid for as determined by mutual agreement. · The damaged utility must provide communications between the personnel of the assisting utility and the damaged utility. · When providing assistance under this Agreement, the damaged utility and assisting utility shall be organized and shall function under the National Incident Management System. REIMBURSABLE EXPENSES To the best extent possible, the terms and conditions governing reimbursement for any assista nce provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with the following provisions: · PERSONNEL – During the period of assistance, the assisting utility shall continue to pay its employees according to its then prevailing rules and regulations. The damaged utility shall reimburse the assisting utility for all direct and indirect payroll costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits. · EQUIPMENT – The assisting utility shall be reimbursed for the use of its equipment during the Period of Assistance according to the Schedule of Equipment Rates established and published by FEMA. If an assisting utility uses an alternate basis of rates for equipment listed on the FEMA Schedule of equipment rates, it shall provide such rates to the damaged utility prior to providing assistance. Rates for equipment not referenced on the FEMA Schedule of Equipment Rates shall be developed based on actual recovery of costs. · MATERIALS AND SUPPLIES – The assisting utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, unless such damage is caused by negligence of the assisting utility’s personnel. The measure of reimbursement shall be the replacement cost of the materials and supplies used or damaged, plus ten percent of such cost. In the alternative, the parties may agree that the damaged utility will replace, with a like kind and quality, as determined by the assisting utility, the materials and supplies used or damaged. PAYMENT Unless mutually agreed otherwise, the assisting utility shall bill the requesting utility for all expenses not later than 45 days following the period of assistance. Unless mutually agreed otherwise, the requesting utility shall pay the bill in full no later than 90 days following the billing date. INSURANCE Each participating utility shall bear the risk of its own actions, as it does with its day-to- day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. INDEMNIFICATION The utility requesting assistance shall indemnify, defend and hold harmless any assisting utility against any and all claims, demands and damages or expenses, including attorneys fees, arising out of or resulting from the performance of the contract that results in bodily injury, sickness, disease, death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and is caused in whole or in part by the assisting utility or anyone for whose acts any of them may be liable. However, this provision will not require the requesting utility to indemnify or hold harmless the assisting utility for any losses, claims, damages, and expenses arising out of or resulting from the gross negligence of the assisting utility. GOVERNANCE AND VOTING The Nebraska WARN shall be governed by a Board of up to 11 persons selected by the participating utilities. One time in a 12 month period, the Board shall send a Board nomination form to all Nebraska WARN participating utilities. Following the submission of nominations, the Board shall send a ballot of Board candidates to all Nebraska WARN participating utilities. Each participating utility shall be entitled to complete one ballot. The persons receiving the most votes on the returned ballots shall be the Nebraska WARN Board. Board members do not have to be staff or elected officials of a participating utility. BOARD DUTIES The Board shall have the authority to govern the general operations of the Nebraska WARN. The Board shall have the authority to appoint one or more Nebraska WARN administrators to assist in the general operations of the Nebraska WARN. FUNDING AND PROPERTY OWNERSHIP The Nebraska WARN shall not collect dues, taxes or any type of revenue from the participating utilities. The Nebraska WARN shall not own property. TERM AND DURATION This Agreement shall become effective as to each party on the date such party executes the Agreement and shall continue in force and remain binding until said party terminates the agreement. Termination of participation in this Agreement by a party shall not affect the continued operation of this Agreement between and among the remaining parties. This agreement shall remain effective until January 31, 2058. TERMINATION Any Party may at any time by written resolution or notice given to the administrator to decline to participate in the provision of mutual aid. The party shall give written notice of termination of participation in this Agreement. NOW, THEREFORE, in consideration of the covenants and obligations contained herein, the Participating Utility listed here, as a Participating Utility duly executes this Water/Wastewater/Stormwater Mutual Aid Agreement this 27th day of May, 2008. City of Grand Island, Utilities Department, Public Works Department Margaret Hornady, Mayor Attest: City Clerk Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-140 WHEREAS, Nebraska Water Agency Response Network (WARN) provides a method for water, wastewater, and storm water utilities to obtain emergency assistance from other cities and agencies; and WHEREAS, the WARN Agreement provides the procedures for payment, supervision, insurance, and indemnification responsibilities of both the assisting utility and the damaged utility; and WHEREAS, it is in the best interests of the City to participate in this shared service; and WHEAREAS, the proposed agreement has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement with the Nebraska Water Agency Response Network is hereby approved, and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-141 - Approving Contract with Moonwalks for Fun for Family Day in the Park Inflatable Obstacle Course Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Council Agenda Memo From: Wendy Meyer-Jerke, Public Information Officer Meeting: May 27, 2008 Subject: Contract with Moonwalks for Fun for Inflatable Obstacle Course—Family Day in the Park Item #’s: G-8 Presenter(s): Wendy Meyer-Jerke, Public Information Officer Background For the third year, the City of Grand Island Community Youth Council (CYC) has sponsored a free Family Day in the Park event. The event is scheduled for Saturday, June 7th at Stolley Park with activities planned in the morning, afternoon, and evening. The event will once again promote family interaction through activities, entertainment and education on healthy lifestyle choices for youth. The emphasis of the use of these grant dollars will be to educate youth on strategies to reduce methamphetamine and marijuana use, as well as ways to incorporate all cultures throughout the activities of the day. In addition, activities will also be provided that educate youth on tobacco use, underage drinking, and childhood obesity. Discussion Some of the organizations that the City of Grand Island and the Community Youth Council are partnering with to sponsor the event include: Central Nebraska Council on Alcoholism and Addictions, Central District Health Department, Project Extra Mile, Parks and Recreation Department, Youth Leadership Tomorrow, Tobacco Free Hall County, Substance Abuse Prevention Coalition, and the Grand Island Public Library. The CYC will be using part of the Community Impact Grant the CYC received to expand the services offered to participants. One way the group is doing this is to rent a 32’ inflatable obstacle course for the afternoon portion of the event. The obstacle course will be suitable for all ages—young children to adults—and will be free to all park goers. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the contract for the inflatable obstacle course from Moonwalks for Fun. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. 4. Take no action. Recommendation City Administration recommends that the Moonwalk for Fun contract be signed for the inflatable obstacle course rental to be used at Family Day in the Park. Sample Motion Move to accept the contract from Moonwalks for Fun for the rental of an inflatable obstacle course to be used at the 2008 Family Day in the Park event. Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-141 WHEREAS, the Grand Island Community Youth Council (CYC) has sponsored a free Family Day in the Park event for the past three years; and WHEREAS, the event will take place on Saturday, June 7, 2008 at Stolley Park and will promote family interaction through activities, entertainment and education on healthy lifestyle choices for youth; and WHEREAS, CYC will use part of the Community Impact Grant for a rentable 32’ inflatable obstacle course suitable for all ages from Moonwalks for Fun of Wichita, Kansas. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Contract with Moonwalks for Fun of Wichita, Kansas is hereby approved, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2008-142 - Approving Bid Award for Handicap Ramp Project No. 2008-1 Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve. Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 27, 2008 Subject: Approving Bid Award for Handicap Ramp Project No. 2008-1 Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background On May 1, 2008 the Engineering Division of the Public Works Department advertised for bids for the construction of handicap ramps on Anna Street from Grant Street to Monroe Street. The ramps are required in conjunction with street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. Discussion Two bids were received and opened on May 13, 2008. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney's Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Total Bid Galvin Construction Inc. of Grand Island, Nebraska None $31,623.32 The Diamond Engineering Company of Grand Island, Nebraska None $38,472.13 Funds are available in resurfacing Account No. 10033506-85354. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Galvan Construction Inc. of Grand Island, Nebraska in the amount of $31,623.32. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 13, 2008 at 11:15 a.m. FOR: Handicap Ramp Project No. 2008-1 DEPARTMENT: Public Works ESTIMATE: $51,221.93 FUND/ACCOUNT: 10033506-85354/85354 PUBLICATION DATE: May 1, 2008 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Galvan Construction Diamond Engineering Co. Grand Island NE Grand Island NE Bid Security: AMCO Insurance Company Universal Surety Company Exceptions: None None Bid Price: $31,623.32 $38,472.13 cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator Tom Carlson, PW Engineer P1255 Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-142 WHEREAS, the City of Grand Island invited sealed bids for Handicap Ramp Project No. 2008-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on May 13, 2008 bids were received, opened, and reviewed; and WHEREAS, Galvan Construction, Inc. of Grand Island Nebraska 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 $31,623.32; and WHEREAS, Galvan Construction, Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $31,623,.32 for Handicap Ramp Project No. 2008-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-143 - Approving Bid Award for the 2008 Asphalt Resurfacing, Project No. 2008-AC-1 Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 27, 2008 Subject: Approving Bid Award for the 2008 Asphalt Resurfacing Project No. 2008-AC-1 Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background On May 1, 2008 the Engineering Division of the Public Works Department advertised for bids for the 2008 Asphalt Resurfacing Project Number 2008-AC-1. Discussion Two (2) bids were received and opened on May 13, 2008. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Bidder Exceptions Bid Security Total Bid Gary Smith Construction Co., Inc. of Grand Island, NE Noted Inland Insurance Company $797,882.76 J.I.L. Asphalt Paving Co. of Grand Island, NE None Inland Insurance Company $807,161.70 The nation is seeing increases in many products because of the increasing fuel costs. The asphalt industry is especially impacted by such increases. The estimate for the project at the time the plans and specifications were prepared was $645,045.62. When bids were opened the low bidder was almost 25% above the estimate. The bids are believed to be competitive as there was only 1% difference between them. The City only has $750,000 in the budget for this years asphalt resurfacing project. The project to install handicap ramps at $31,623.32 is mandated to be part of our asphalt resurfacing program by the American’s with Disabilities Act. That leaves $718,376.68 for the Asphalt Resurfacing Project Number 2008-AC-1. The low bidder also included an exception to the specifications and offered to substitute recycled asphalt millings for virgin aggregate and reduce the overall cost to the City by $2.90 per ton of hot mix asphalt. There are sufficient funds in Account No. 10033506-85354 to fund this project. Following is a list of the streets included in the 2008-AC-1 project: Section #1. 3rd Street form Wheeler Avenue to Vine Street. Section #2. Wheeler Avenue from 1st Street to 3rd Street. Section #3. Locust Street from 1st Street to South Front Street. Section #4. Pine Street from 1st Street to 4th Street. Section #5. South Front Street from Pine Street to Sycamore Avenue. Section #6. Sycamore Avenue from 2nd Street to 3rd Street. Section #8. Oak Street from 2nd Street to 3rd Street. Section #9. Stuhr Road from the bridge south of Stolley Park Road to the BNSF railroad tracks south of Swift. Section #11. Capital Avenue from Illinois Avenue to the east City Limits. Section #12. 13th Street form the west City Limits to the concrete west of Diers Avenue. Section #13. Located on Holcomb Street from Riverside Drive to Locust Street. Section #14. Located on Old Potash Highway from Highway 281 to Webb Road. The following sections were removed from this year’s work to keep the project under budget. Sections #10. Anna Street from Grant Street to Monroe Street. Section #7. Kimball Avenue from 1st Street to 2nd Street. 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 awarding a contract to Gary Smith Construction Company, Inc. of Grand Island, Nebraska in the amount of $718,376.68. Sample Motion Move to approve the bid award. CONTRACT AGREEMENT CONTRACT AGREEMENT THIS AGREEMENT made and entered into this day of , 2008, by and between Gary Smith Construction Company, Inc. of Grand Island, Nebraska hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of Asphalt Maintenance Project 2008-AC-1; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications and Special Provisions, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of Seven Hundred Eighteen Thousand Three Hundred Seventy Six and 68/100 Dollars (718,376.68)for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of Asphalt Maintenance Project 2008-AC-1. CA - 1 CONTRACT AGREEMENT (Continued) ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required bond is approved, and that the work in this contract shall be completed no later than September 26, 2008. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VI. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract to order. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Contractor By Date Title CA - 2 CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 13, 2008 at 11:00 a.m. FOR: Asphalt Maintenance Project 2008-AC-1 DEPARTMENT: Public Works ESTIMATE: $645,045.62 FUND/ACCOUNT: 10033506-85354 PUBLICATION DATE: May 1, 2008 NO. POTENTIAL BIDDERS: 2 SUMMARY Bidder: J.I.L. Asphalt Paving Co. Gary Smith Construction Co., Inc. Grand Island NE Grand Island NE Bid Security: Inland Insurance Company Inland Insurance Company Exceptions: None Noted Bid Price: $807,161.70 $797,882.76 cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator Tom Carlson, PW Engineer P1254 Approved as to Form ¤ ___________ May 23, 2008 ¤ City Attorney R E S O L U T I O N 2008-143 WHEREAS, the City of Grand Island invited sealed bids for Asphalt Resurfacing Project No. 2008-AC-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on May 13, 2008 bids were received, opened, and reviewed; and WHEREAS, Gary Smith Construction Company, Inc. of Grand Island, Nebraska 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 $797,882.76; and WHEREAS, Gary Smith Construction Company, Inc.’s bid is higher than the estimate for such project, but deemed acceptable because the 2nd bidder was approximately 1% higher. WHEREAS, $718,376.68 is available in the Fiscal Year 2007/2008 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Gary Smith Construction Company, Inc. of Grand Island, Nebraska in the amount of $797,882.76 for Asphalt Maintenance Project 2008-AC-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27,, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-144 - Approving Update to Resolution 2007-204; Purchase of (1) Wheel Loader for Use in the Sludge Disposal Operation for the Waste Water Division Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 27, 2008 Subject: Approving Update to Resolution 2007-204; Purchase of (1) Wheel Loader for use in the Sludge Disposal Operation for the Waste Water Division Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background On August 28, 2007 the City Council passed Resolution 2007-204 approving the purchase of two (2) Wheel Loaders for use in the sludge disposal operations at the Waste Water Treatment Plant. One (1) of the wheel loaders was purchased in September 2007. Discussion The Fiscal Year stated in Resolution 2007-204 was 2006/2007. The request at this time is to update the resolution to cover Fiscal Year 2007/2008. Funds are available in Account No. 53030054-85615. 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 update to Resolution 2007- 204 to cover Fiscal Year 2007/2008. Sample Motion Move to approve update to Resolution 2007-204. Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-144 WHEREAS, on August 28, 2007, by Resolution 2007-204, the City Council of the City of Grand Island approved the purchase of two (2) wheel loaders for use in the sludge disposal operations; and WHEREAS, the City of Grand Island has a Replacement Agreement with Mid-Land Equipment of Omaha, Nebraska; and WHEREAS, One (1) wheel loader was purchased through Resolution 2007-204 during Fiscal Year 2006/2007; and WHEREAS, the funding for such vehicle is provided in the 2007/2008 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) 621 D Wheel Loader at $12,250.00 (plus trade-in valued at $99,874.00) from Mid-Land Equipment of Omaha, Nebraska is hereby approved. BE IT FURTHER RESOLVED that the purchase of one (1) 621 D Wheel Loader under the Replacement Agreement in the total amount of $12,250.00 (plus trade-in valued at $99,874.00) is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2008-145 - Approving Time Extension to the Contract with The Diamond Engineering Company for Construction of Water Main District 453T and Sanitary Sewer District 522T, Lift Station # 22 at the National Guard Helicopter Facility Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Gary Mader, Utilities Director Meeting: May 27, 2008 Subject: Approving Time Extension to the Contract with The Diamond Engineering Company for Construction of Water Main District 453T, Sanitary Sewer District 522T, Lift Station # 22 at the National Guard Helicopter Facility Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background The City Council awarded the bid for construction of the Water Main District 453T, Sanitary Sewer District 522T, and Lift Station # 22 at the National Guard Helicopter Facility to The Diamond Engineering Company on October 9, 2007. The Diamond Engineering Company is requesting a time extension to complete the work. Discussion The winter weather and temperatures delayed the planned start date and hampered The Diamond Engineering Company's ability to work efficiently when they were able to begin the construction. The water main portion of this project is substantially complete. However, delays are occurring with the steel manufacturers for the building portion of the sanitary sewer lift station. Any changes to the contract require council approval. The Diamond Engineering Company is requesting that the final completion date be changed from May 31, 2008 to June 30, 2008. 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 extension of the completion date to June 30, 2008. Sample Motion Move to approve extension of completion. Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-145 WHEREAS, on October 9, 2007, by Resolution 2007-254, the City Council of the City of Grand Island approved the bid of The Diamond Engineering Company of Grand Island, Nebraska for construction of Water Main District 453T, Sanitary Sewer District 522T, and Lift Station #22 at the National Guard Helicopter Facility; and WHEREAS, the completion of such project has been delayed due to delays with steel manufacturers for the building portion of the sanitary sewer lift station; and WHEREAS, The Diamond Engineering Company has requested an extension from May 31, 2008 to June 30, 2008 in order to complete the project; and WEREAS, the Public Works Department and Utilities Department are agreeable to such contract extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the construction of Water Main District 453T, Sanitary Sewer District 522T, and Lift Station # 22 is hereby extended until June 30, 2008. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract modification on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-146 - Approving Bid Award for Trucking of Sewage Sludge for the Waste Water Division Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 27, 2008 Subject: Approving Bid Award for Trucking of Sewage Sludge for the Waste Water Division Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background The Waste Water Division of the Public Works Department advertised May 5, 2008 for trucking of sewage sludge. Discussion One bid was received and opened on May 20, 2008. The bid was submitted in compliance with the bid request and noted no exceptions. The bid is shown below. Bidder Exceptions Bid Butler County Landfill None $10.60 per ton The estimate for trucking the sewage sludge was $10.75 per ton. There are sufficient funds in account 53030052-85213. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to the Butler County Landfill of David City, Nebraska in the amount of $10.60 per ton. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 20, 2008 at 11:00 a.m. FOR: Trucking of Sewage Sludge DEPARTMENT: Public Works ESTIMATE: $10.75 per ton FUND/ACCOUNT: 53030052-85213 PUBLICATION DATE: May 5, 2008 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Butler County Landfill David City, NE Exceptions: None Bid Price: $10.60 per ton cc: Steve Riehle, Public Works Director Roger Scott, Eng. Tech. WWTP Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator P1252 Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-146 WHEREAS, the City of Grand Island invited sealed bids for Trucking of Sewage Sludge for the Waste Water Division of the Public Works Department, according to specifications on file with the City Engineer; and WHEREAS, on May 20, 2008 bids were received, opened, and reviewed; and WHEREAS, Butler County Landfill submitted a bid in accordance with the terms of the advertisement and bid specifications and all other statutory requirements contained therein, such bid being in the amount of $10.60 per ton; and WHERAS, Butler County Landfill’s bid is less than the estimate for such project. WHEREAS, Butler County Landfill shall start work June 2, 2008 hauling sludge for a minimum period of one (1) year, and the contract shall automatically renew unless discontinued by either party with at least a 30 day written notice. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Butler County Landfill of David City, Nebraska in the amount of $10.60 per ton for trucking of sewage sludge is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2008-147 - Approving Agreement for Preliminary Engineering Related to Safe Routes to School Program for the Walk to Walnut Project Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 27, 2008 Subject: Approving Agreement for Preliminary Engineering Related to Safe Routes to School Program for the Walk to Walnut Project Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background The Nebraska Department of Roads administers a program called Safe Routes to Schools to fund infrastructure (sidewalk and street crossing improvements, traffic diversion and bicycle facilities) and non-infrastructure projects (promotional materials, student bicycle and pedestrian safety education sessions). Safe Routes funding can be 100 percent funded by the federal government and requires no matching funds by local entities. The Safe Routes to School program focuses on promoting physical activity and improving health, making routes to school safe, and reducing traffic congestion around schools by encouraging K-8 school children to walk and bike to school. In May 2007 the City of Grand Island was awarded a total of $269,644 to fund the Safe Routes to School Program for the Walk to Walnut infrastructure project. The Grand Island Public Schools is providing in-kind donations in the amount of $7,940 and a local cash match in the amount of $15,000 for a total of $22,940 to be applied toward the total project cost. The council approved a program agreement with the Nebraska Department of Roads for the project at the August 27, 2008 council meeting. The infrastructure project will realign the existing driveway to Walnut Middle School to match up with 15th Street and install a traffic signal. The project will make it safer for children crossing Custer Avenue and encourage more walking and biking to school. Project partners include the City, Grand Island Public Schools, the Central District Health Department, and Safe Kids Tri-Cities. On December 29, 2007 the Engineering Division of the Public Works Department advertised for proposals for Engineering Cons ulting Services for Walk to Walnut Safe Routes to School project. Discussion Five (5) proposals were received, opened, and reviewed on January 15, 2008 by the Engineering Division of the Public Works Department. The Schemmer Associates, Inc. of Lincoln, Nebraska submitted the proposal that was chosen using evaluation criteria listed in the RFP. · Relevant Experience 25% · Past Performance 20% · Office Proximity to Project 10% · Technical Capability 20% · Project Approach 25% The Nebraska Department of Roads and Sinclair Hille Architects, as the program administrator, have approved the selection and prepared the attached agreement. The work is to be performed at actual costs with a maximum amount of $33,388.05. 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 The Schemmer Associates, Inc. of Lincoln, Nebraska, with Rockwell & Associates of Grand Island, Nebraska as a sub-consultant. Sample Motion Move to approve the agreement. Exhibit B - Scope of Services 5/16/2008 Walk to Walnut-Safe Routes to School Page 1 Walk to Walnut-Safe Routes to School Project City of Grand Island Project # SRTS-40(57), C.N. 42521 SCOPE OF SERVICES (TASK OUTLINE) Project Administration o Project Management o Kickoff meeting Attended by 2 TSA representatives o 30% review meetings with City staff Attended by 2 TSA representatives o 90% review meetings with City staff Attended by 1 TSA representative o Pre-construction meeting Attended by 1 TSA representative o Coordination with Rockwell and Associates o Coordination with City staff o Coordination with NDOR / Sinclair Hille o Coordination with Walnut Middle School o Utility coordination City Responsibilities o Ownership records and title searches o Copies of all pertinent as-built information, or original construction documents where as-builts do not exist. Water and sewer as-builts Water and sewer service records Storm drainage as-builts Roadway lighting as-builts o Bench marks and horizontal control o Right-of entry on private property for surveyors o Provide current information, including electronic files regarding existing design concept. o Develop Contract Documents o City to submit environmental letters to review agencies and complete the NDOR Programmatic Categorical Exclusion Environmental Determination form. o 3-year crash data for intersection of Custer Avenue & 15th Street and one block in each direction. Exhibit B - Scope of Services 5/16/2008 Walk to Walnut-Safe Routes to School Page 2 Topographic Field Survey o Establish control points o Topographic survey from 200 feet north and south of 15th Street, 100 feet east of Custer Avenue along 15th Street, and west of Custer Avenue in the detention pond, park area and the eastern portion of the school parking lot. o Survey existing utilities per “one-call” marking system. ‘Potholing’ existing utilities is not included in the scope. If ‘potholing’ is deemed necessary for certain utilities as the design progresses, it will be handled with a supplemental agreement. Design Submittals o Environmental Review form submittal o Submit to Utility Companies at 30% and 90% o Preliminary design (30%) + cost estimate o Final plan review (90%) + cost estimate o Complete contract documents PS&E submittal Site Design o Horizontal alignment along Custer Avenue for project baseline o Pavement Grades-Assume reconstruction of driveway and a portion of the school parking lot south of the school. o Geometric design – Assume reconstruction of driveway and a portion of the school parking lot south of the school. o Earthwork – Calculate detention pond storage loss and identify location for replacement storage. o Storm sewer design – Identify impacts to detention pond outlet structure and design new structure. Relocate existing storm sewer inlet at new driveway location to school. o Utility coordination with private and public utilities. Two copies of plans shall be submitted to utility companies for markup, one to be retained by utility and one to be returned to consultant. o Erosion control – design erosion control items o Construction and removal plans o Non-standard plan details o Construction phasing/traffic control plans – Not included in this project. Traffic Signal Design o Design new traffic signal at the intersection of Custer Avenue and 15th Street. Design shall include pole locations, mast arm lengths, signal head locations, location for signal controller cabinet, type and location of signal detection, pull boxes, conduit, signal wiring, special provisions and recommend new location for the speed zone flashers. o Conduct a traffic signal warrant analysis. o Recommend the traffic signal timing. Exhibit B - Scope of Services 5/16/2008 Walk to Walnut-Safe Routes to School Page 3 Pavement Marking and Signing o Identify the existing pavement marking removal and location for new pavement markings and permanent signing. Right-of-Way Plans o Design permanent easement for the detention pond storage mitigation on school property and permanent access easement for the school on City property (assume 2 tracts). Design construction easement for the construction on school property and the two properties on the corner of 15th and Custer. (assume 3 tracts). All other work is assumed to occur within City right-of-way or on City property. Permit Applications o Consultant to prepare permit application for a NPDES Notice of Intent on behalf of the City. Public Involvement – Not part of scope Special provisions o Non-standard construction provisions o Status of Utilities/Status of Right-of-way Bid Phase Services o Respond to questions during advertisement o Prepare addenda to documents prior to project letting Final Submittal o One copy of the final construction plans will be submitted on 11”x17” Bond. Electronic files in MicroStation V8 format will be submitted with the final 100% submittal. SUPPLEMENTAL INFORMATION Supplemental Services (not included in this project scope but City option to amend original contract at hourly or negotiated rates) o Attendance at City Council and Pre-Council meetings o Public Stakeholder meetings Applicable Publications (references) o City of Grand Island Design Standards and Standard Specification o NDOR Standard Specifications (if not covered by City Specifications) o Manual of Uniform Traffic Control Devices o Nebraska Department of Roads Safe Routes to School – Guidelines for Project Development- 1st Edition, June 2007 Client:City of Grand Island Project: Walk to Walnut-Safe Routes to School Project Project Number SRTS-40(57), C.N. 42521 TSA Project No.1277.894 Date 5/15/2008 SRVY SRVY ITEM PROJ SENIOR DESIGN ENGR CREW INST NO.TASK DESCRIPTION PRIN MGR ENGR ENGR RLS TECH CHIEF PERS ADMIN 1.0 Administration 1.1 Project Management 18 1.2 Meetings 18 14 2 1.3 Utility Review and Coordination 2 1 2 1.4 Review Standards and Specifications 1.5 Survey Data Conversion 4 1.6 Environmental Review Coordination 6 2.0 Roadway Design 2.1 Horizontal Alignment 1 2.2 Geometrics 1 8 2.3 Pavement Grades 1 4 2.4 Storm Detention Pond Earthwork Calcs.2 4 2 2.5 Storm Sewer Design 1 4 4 2.6 Construction Drawings 2 8 27 2.7 Easement Design 4 8 16 2.8 Details/Specifications/Special Provisions 2 8 4 2.9 Address 30% design comments 1 12 16 2.91 Address 90% design comments 1 12 16 3.0 Traffic Signal Design 3.1 Traffic Signal Pole, Mast Arm, Signal Head Locations 4 2 3.2 Controller Cabinet Location 2 1 3.3 Loop/Camera Detector Layout 3 1 3.4 Pull Box Locations 4 2 3.5 Conduit Layout 4 2 3.6 Traffic Signal Wiring 4 2 3.7 Details/Specifications/Special Provisions 1 2 2 3.8 Signal Warrant Analysis 4 1 3.9 Signal Timing 6 4.0 Pavement Marking & Signing Design 4.1 Removals 1 2 4.2 Locate Permanent Signing 2 4 4.3 Locate Permanent Pavement Markings 2 4 Summary of Quantities / Construction Cost Estimate 2 4 8 5.0 Bidding Phase Services 2 2 2 TOTALS 0 62 60 76 0 118 0 0 2 Manhour Estimate Form Exhibit C CATEGORY HOURS RATE LABOR CHARGE PRINCIPAL 0 $59.44 -$ PROJECT MANAGER 62 $41.75 2,588.50$ SENIOR ENGINEER 60 $43.27 2,596.20$ DESIGN ENGINEER 76 $27.00 2,052.00$ ENGINEERING TECHNICIAN 118 $18.68 2,204.24$ REG LAND SURVEYOR 0 $0.00 -$ SURVEY CREW CHIEF 0 $0.00 -$ SURVEY INST. PERSON 0 $0.00 -$ ADMINISTRATION SUPPORT 2 $16.00 32.00$ TOTAL 318 9,472.94$ Overhead, D.L. and G&A 170%16,104.00 Total Labor Charges 25,576.94$ Fixed Fee for Profit 12%3,069.23 DIRECT COSTS: Printing (11 x 17 sheets)$1.00 - Printing (24x36 sheets)10 $2.00 20.00 Reproducible Copies (mylar)10 $8.00 80.00 Reproducible Copies (vellum)$5.00 - Photocopies $0.25 - Postage 1 L.S.50.00 Mileage 875 $0.505 441.88 Rockwell and Associates 1 L.S.4,150.00 Total Direct Costs 4,741.88$ TOTAL ESTIMATED FEE 33,388.05$ 5/15/2008 TSA Project No. 01277.894 SUMMARY OF FEE ESTIMATE Exhibit C Walk to Walnut-Safe Routes to School Project Project No. SRTS-40(57), C.N. 42521 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SAFE ROUTES TO SCHOOL – WALK TO WALNUT RFP DUE DATE: January 15, 2008 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: December 29, 2007 NO. POTENTIAL BIDDERS: 13 SUMMARY OF PROPOSALS RECEIVED Olsson Associates Kirkham Michael Grand Island NE Lincoln, NE Schemme r Architects/Engineers/Planners JEO Consulting Group, Inc. Lincoln, NE Wahoo, NE Miller & Associates Kearney, NE cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Catrina Delosh, Public Works Admin. Assist. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1217 Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-147 WHEREAS, the City of Grand Island invited proposals for preliminary engineering services for Safe Routes to School Walk to Walnut project, according to Request for Proposals on file with the Engineering Division of the Public Works Department; and WHEREAS, on January 15, 2008 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, The Schemmer Associates, Inc. of Lincoln, Nebraska, with Rockwell & Associates of Grand Island, Nebraska as a sub-consultant, submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at actual costs with a maximum amount of $33,388.05; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of The Schemmer Associates of Lincoln, Nebraska, with Rockwell & Associates of Grand Island, Nebraska as a sub-consultant for preliminary engineering services for Safe Routes to School Walk to Walnut Project is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2008-148 - Approving Agreement with McCook Community College for Advanced EMS Training Field Experience Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Jim Rowell, Fire Chief Meeting: May 27, 2008 Subject: Contract with McCook Community College Item #’s: G-15 Presenter(s): Chief Rowell, Fire Chief Background The City of Grad Island has been asked to provide in-field training and experience for students of the emergency medical training program with McCook Community College. We have provided this opportunity to this and other educational institutions in the past and this agreement will allow us to continue this program. Discussion This program allows students to receive field training and experience that allows them to apply what they have learned in the classroom. Under the supervision of an experienced paramedic , the student has the opportunity to learn from real world experiences. 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. Sample Motion Move to approve the agreement between McCook Community College and the City of Grand Island. Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-148 WHEREAS, McCook Community College, Mid-Plains Community College Area in McCook, Nebraska, sponsors an Advanced EMS Training program for students; and WHEREAS, the College desires to provide such students with field experience in cooperation with the Grand Island Fire Department; and WHEREAS, such agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement by and between the McCook Community College and the City of Grand Island Fire Department to provide field experience for McCook Community College students of Advanced EMS Training is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2008-149 - Approving Change Order #20 with Chief Construction for Law Enforcement Center Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: May 27, 2008 Subject: Change Order #20, Law Enforcement Center Item #’s: G-16 Presenter(s): Steven Lamken, Police Chief Background The City awarded Chief Construction the contract in the summer of 2006 to construct the new law enforcement center for a cost of $7,406,080. $150,000 of contingency funds were provided in the contract to allow for needed change orders during the project. The Council approved substantial completion of the construction project at which time the contingency allowance was reduced to $24,926.45. Change Order #19 reduced the cost of the project and increased the contingency fund to $25,943.54. Change Order #20 is a request for additional electrical work and to install a chime system on the main entrance doors of the Center at a cost of $3,128.40. Discussion Change Order #20 includes two changes in the construction project. The changes create a total cost of $3,128.40. Accepting the changes will leave the contingency funds balance at $22,815.14. The changes requested are: Install a door chime that will sound in the Police Department Records section when people enter the main lobby of the Center through the main doors. Cost of the door chime system is $1,577.40. The support staff are unable to always observe when someone enters the building and the staff members are at their workstations. The chime system will alert staff to the fact that someone has entered the main doors and may require their services at the front window. The chime system will enhance their awareness of people coming and going from the lobby of the Center. Remove two floor electrical services and patch the holes and add additional wall outlets for electrical service. Two floor electrical service plates in two offices are located such that they interfere with the employee's chair. These plates are not flush mounted and are causing problems. The change order will remove the floor plates and install additional electrical service on the walls allowing proper use of the workspace. The cost for the removal, repair and installation of wall outlets is $1,551.00 A summary of the costs of Change Order #20 are: Install door chime system - + $1,577.40 Remove and repair floor services and install wall electrical service - + $1,551.00 Total Cost + $3,128.40 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order #20. Sample Motion Move to approve Change Order #20 with Chief Construction for the cost of $3,128.40 for: installing a door chime system and removing floor electrical services and installing wall outlets. R E S O L U T I O N 2008–149 WHEREAS, on May 2, 2006, by Resolution 2006-151, the City of Grand Island awarded a bid in the total amount of $7,406,080.00 (including alternate bids 2 and 3) for the construction of a Law Enforcement Center to Chief Construction Company of Grand Island, Nebraska; and WHEREAS, included in the $7,406,080 bid was a construction contingency of $150,000; and WHEREAS, on February 12, 2008 by Resolution 2008-45 the City of Grand Island approved substantial completion of the Law Enforcement Center with Chief Construction changing the cost of the project to a total of $7,316,080 and reducing the contingency allowance for the project to $24,926.45, and WHEREAS, Change Order No. 19 reduced the cost of the project and increased the contingency allowance for the project to $25,943.54. WHEREAS, such changes have been incorporated into Change Order No. 20, and will reduce the contingency fund to $22,815.14. 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. 20 for the construction of the Law Enforcement Center to provide the modification set out as follows: Add a door chime system to the ma in entrance doors. . . . . . . . . . . . . . . . . . - $1,577.40 Remove and repair two floor outlets and install two wall outlets . . . . . . . . - $1,551.00 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - $3,128.40 Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item G17 #2008-150 - Approving Fraternal Order of Police (FOP) No. 24 Labor Agreement Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: May 27, 2008 Subject: FOP Labor Agreement Item #’s: G-17 Presenter(s): Brenda Sutherland, Human Resources Director Background City staff has recently concluded negotiations with the employees represented by the Fraternal Order of Police #24 more commonly referred to as the FOP. Negotiations have been ongoing for over a year with an agreement recently being reached. The contract which expired on September 30, 2007 is still serving as the terms for their employment. The FOP represents seventy-one (71) sworn police officers and sergeants. Discussion The labor agreement being presented to Council for consideration will be retroactive to October 1, 2007 and will run through September 30, 2011. The wages and terms of employment were negotiated by the City and the FOP. Police officer wages are recommended to increase by 3.75% and police sergeant by 5.75%. Proposed wage increases in years 2, 3, and 4 are 3.5%. The City is reserving its right to implement its right to the full utilization of the 207(k) FSLA exemption. For purposes of calculating overtime, the pay period shall run concurrently with the City’s payroll cycle and be calculated on a 14 day pay period. A training and special events bank has been added to provide for 50 hours per officer and sergeant per year. Hours used out of this bank will be paid at straight time as allowed per the 207(k) FSLA exemption. 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 labor agreement between the City of Grand Island and the Fraternal Order of Police #24. Sample Motion Move to approve the labor agreement between the City and the FOP #24. 1 AGREEMENT THIS AGREEMENT, effective upon date of signing retroactive to October 1, 2007, is between the CITY OF GRAND ISLAND (hereinafter referred to as the “City”), and GRAND ISLAND LODGE NO. 24 OF THE FRATERNAL ORDER OF POLICE (hereinafter referred to as the “F.O.P.”). PURPOSE AND INTENT OF THE PARTIES The purpose of the City and the F.O.P. in entering this labor agreement is to promote harmonious relations between the employer and the F.O.P., the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, and conditions of employment. ARTICLE I F.O.P. RECOGNITION The City recognizes the F.O.P. as the sole and exclusive collective bargaining representative for the pay classifications of Police Officers and Sergeants. ARTICLE II RESIDENCY All employees covered under this agreement are required to reside within thirty-five (35) miles of the city limits of the city of Grand Island. Current employees will establish residency within six (6) months after the beginning of this agreement. New employees, hired after the starting date of this agreement, will establish residency within six (6) months after the calendar date of the start of employment and will maintain residency during the term of the employment. For purposes of this agreement, residency will mean the employee’s domicile. ARTICLE III HOURS OF WORK The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective with the first full pay period following the execution of the agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. The City specifically maintains and reserves its management rights to establish the hours worked, the work week and all direction of the work force as allowed by law. Employees shall be eligible for overtime under this Agreement and it is expressly stated hereby that overtime shall not be paid more than once for the same hours worked. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of 2 fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for over-time but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City Of Grand Island, shall be paid overtime fo r the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. The City also reserves the right to revise the regular set schedules from eighty (80) up to eight-six (86) hours per two (2) week pay period. The City shall provide sixty (60) days notice prior to making a set schedule change for each employee subject to the change. ARTICLE IV HOLIDAYS AND HOLIDAY PAY A. Holidays The following holidays are observed. They shall be granted with pay to all employees eligible for holiday pay not to exceed eight (8) hours. An employee may be required to work on a holiday if necessary to maintain essential services to the public. New Year’s Day Veteran’s Day Arbor Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Independence Day Christmas Day Labor Day Such holidays shall be observed on the actual day that the holiday falls. B. Eligibility for Holiday Pay No employee shall be eligible for holiday pay unless such employee was in an active pay status on his/her last regularly scheduled day before the holiday and his/her first regular day after the holiday. “Active Pay Status” shall mean any pay status other than leave without pay or suspension without pay. C. Holiday Pay and Holiday on Pay Holiday pay shall consist of straight pay up to eight (8) hours plus additional compensation at the rate of 1.5 times the regular rate of compensation for those who are regularly scheduled to work. For those who are called into work on the holiday, they shall receive as compensation straight pay up to eight (8) hours for the holiday, plus additional compensation at the rate of 1.5 times the regular rate of pay for the actual hours worked as 3 holiday on pay. No compensatory time may be accrued in lieu of being paid Holiday on Pay or Holiday Pay. D. Holiday Pay During Leave of Absence When a holiday falls within a period of leave of absence without pay, the employee sha ll not be paid for the holiday. ARTICLE V PERSONAL LEAVE The City will provide sixteen (16) hours of personal leave each agreement year, commencing October 1 and ending September 30, to all eligible employees. Personal leave must be taken in a minimum of one (1) hour increments. Personal leave, selected by the employee must have the prior approval of the supervisor. Eight (8) hours of personal leave must be taken in the first one hundred eighty (180) days of the year and eight (8) hours personally must be taken within the second one hundred eighty-five (185) days of the year but prior to the last payroll period of the agreement year. ARTICLE VI VACATIONS A. Eligibility All full-time employees of the police division who have been in the employment of the City continually for one (1) year shall be eligible for vacation leave with pay. The Mayor or designee may waive the provisions of this section in extreme circumstances for the good of the City and advance vacation leave to an employee prior to the completion of twelve (12) months of employment; provided, employees shall reimburse the City for all used unearned vacation leave upon termination. B. Amount Authorized Vacation leave shall be computed/accrued on the following basis: Years of Employment Hours of Vacation Earned 1 72 hours 2-5 80 hours 6 112 hours 7-10 120 hours 11-14 124 hours 15 136 hours 16+ 160 hours 4 C. Vacation Schedule Vacation leave shall be taken at a time convenient to and approved by the supervisor. While all employees are encouraged to take two (2) consecutive weeks of vacation each year, when eligible, the City may grant shorter periods of one (1) week or less. Each employee whose normal work schedule is Monday through Friday shall take a period of vacation of at least one (1) week each year when eligible as follows. Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five (5) consecutive days. D. Vacation Carry Over Accrual of vacation hours will be calculated on a bi-weekly basis and will be reflected on the pay stubs. An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one (1) year, plus eighty (80) hours. E. Vacation Credit on Termination and Retirement Upon termination, an employee shall be paid for the unused portion of accumulated vacation leave provided such employee has completed twelve months of consecutive, full-time employment. An employee who has been separated shall not accrue vacation leave credits after his or her last day of actual work. ARTICLE VII MEDICAL AND FUNERAL LEAVE A. Amount Authorized 1. Medical Leave. Medical leave shall be credited into a medical leave account for each employee at the rate of eight (8) hours for each calendar month of service. 2. Funeral Leave. Funeral leave shall be granted to eligible employees for up to twenty- four (24) hours per calendar year. Any portion of a workday used for funeral leave shall be considered a full day of funeral leave. B. Use of Medical Leave Medical leave with pay must be accumulated before it can be taken and advancing medical leave is prohibited. Employees may utilize their allowances of medical leave when unable to perform their work duties by reason of personal illness, fatigue due to job related duties, noncompensable bodily injury, pregnancy, disease, or exposure to contagious diseases under circumstances in which the health of other employees or the public would be endangered by attendance on duty. Medical leave with pay may be utilized to keep medical or dental appointments. Medical leave may also be utilized for a maximum of thirty-two hours (32 hrs.) per person with a maximum of sixty-four (64) hours per contract year, per household to care for any members of an employee’s immediate family or household. For purposes of medical leave, “immediate family member” shall mean a child, spouse, parent and parents-in-law. “Child” shall include a biological, adopted or foster child, a step-child, a legal ward, or a child of a person standing in “loco parentis”. 5 C. Use of Funeral Leave Upon completion of one (1) year of continuous service, an employee shall be eligible to use up to twenty-four (24) hours of paid funeral leave for the death of an immediate family member. For purposes of funeral leave, “immediate family member” shall include son, daughter, sibling, spouse, parent, grandparent, grandchild, and in-laws of the same relation. Funeral leave shall not exceed twenty-four (24) hours in any calendar year. D. Medical Leave – Reports on Condition When an employee finds it necessary to utilize medical leave, his or her supervisor should be notified immediately. An employee must keep the Police Chief informed of the employee’s condition. An employee may be required by the Police Chief to submit a medical record or certificate for any absence. Failure to fulfill these requirements may result in denial of medical leave. E. Fraudulent Use of Medical or Funeral Leave The Police Chief or his or her authorized representative may investigate any medical or funeral leave taken by an employee. False or fraudulent use of medical or funeral leave shall be cause for disciplinary action and may result in dis missal. F. Notification If an employee is absent for reasons that entitle the employee to medical or funeral leave, the employee or a member of employee’s household shall notify the supervisor on duty at least thirty (30) minutes prior to scheduled reporting time. If an employee fails to notify the supervisor, when it was reasonably possible to do so, no medical or funeral leave shall be approved. Immediately upon return to work the employee shall submit a leave form to his or her supervisor. G. Compensation for Unused Medical Leave at Retirement Each employee upon retirement shall be paid for thirty-seven and one-half percent (37.5%) of his or her accumulated medical leave, the rate of compensation to be based on the employee’s salary at the time of retirement. The maximum accumulation in a medical leave account shall be 1,080 hours. The compensation for the death of an employee not occurring in the line of duty shall be made to the employee’s beneficiary or estate at the rate of thirty-seven and one-half percent (37.5%) of the medical leave account, not to exceed one thousand eighty (1,080) hours. H. Compensation for Unused Medical Leave upon Death in the Line of Duty If an employee is killed in the line of duty, there shall be paid fifty percent (50%) of his or her accumulated medical leave, not to exceed one thousand eighty (1,080) hours. The rate of compensation is to be based upon the employee’s salary at the time of death. Payment for this benefit shall be included in the final payroll check. 6 I. Family and Medical Leave Act Policy Employees shall be covered by the City’s Family and Medical Leave Act Policy, as set forth in the Employee Reference Manual. ARTICLE VIII CALL IN PAY In the event that an employee is called in to work while off duty, the employee shall receive pay at the employee’s regular rate of pay, and shall be paid for a minimum of two (2) hours at the regular rate of pay and for any additional time worked thereafter. ARTICLE IX MILITARY LEAVE The provisions relating to military training leave are as provided by Section 55-160 Neb. Rev. Stat., 1943, et. Seq., as amended. ARTICLE X COURT LEAVE A. When Authorized Any employee required to attend as a witness or in any other capacity directly related to his or her official duties, in any case during session of the juvenile court, county court, district court, mental health board, department of motor vehicles, or before any grand jury proceedings, during off-duty periods, shall be entitled to compensation at the rate of pay of 1.5 times the regular rate of pay for each appearance at a minimum of two hours or for the actual time, if longer. All appearances before any tribunal prior to its noon recess of any given day shall be considered one appearance. All appearances before any tribunal subsequent to its noon recess of any given day shall be considered one appearance. When the employee is testifying in other litigation to which he or she is a party, such employee shall not be granted court leave but may use vacation leave or compensatory time or be granted leave without pay for the length of such service. It is recognized that the court pay at the rate of 1.5 times the regular rate of pay is considered premium pay and court time shall not count as hours worked for the calculation of overtime. B. Procedure An employee who is called for witness or jury duty shall present to his or her supervisor the original summons or subpoena from the court and, at the conclusion of such duty, a signed statement from the clerk of the court, or other evidence, showing the actual time in attendance at court. 7 C. Fees Fees received for jury service in a federal, state, county, police or municipal court shall be deposited with the City Finance Director upon the employee’s receipt thereof, provided, this requirement shall not apply to funds received by employees when they would not normally be on duty with the City. No employee shall receive witness fees paid from City funds. ARTICLE XI DISABILITY 1. If any police officer or sergeant becomes disabled, such employee shall be placed on the roll of pensioned police officers at the regular retirement pension of fifty percent (50%) of regular pay for the period of such disability. For purposes of this Article, “disability” shall mean the complete inability of the police officer, for reasons of accident or other cause while in the line of duty, to perform the duties of the police officer. 2. In the case of temporary disability of an employee covered by this agreement, received while in the line of duty, he or she shall receive his or her salary during the continuance of such disability for a period not to exceed twelve (12) months, except that if it is ascertained by the City Council or the proper municipal authorities within twelve (12) months of such temporary disability has become a disability as defined in the paragraph preceding, then the salary shall cease and he/she shall be entitled to the benefits for pension in the case of disability as provided by Nebraska statutes. 3. All payments of pension or salary provided by this Article shall be subject to deduction of amounts paid under the Nebraska Workers Compensation Act. Such payments shall not commence until all credit for unused annual or medical leave or other similar credits have been fully utilized by the disabled employee if there will be no impairment to his/her salary during the period of disability. 4. No employee covered by this agreement shall be entitled during any period of temporary disability to receive in full both his/he r salary and his/her benefits under the Nebraska Workers Compensation Act. All Nebraska Workers Compensation benefits shall be payable in full to such police officer as provided in the Nebraska Workers Compensation Act, but all amounts paid by the City or its insurer under the Nebraska Workers Compensation Act to any disabled police officer entitled to receive a salary during such disability, shall be considered as payments on account of such salary and shall be credited thereon. The remaining balance of such salary, if any, shall be payable as otherwise provided by Nebraska law. 5. Pursuant to the waiting provisions in Section 48-119 of the Nebraska Workers Compensation Act, no workers compensation shall be allowed during the first seven (7) calendar days following the date of injury or date that temporary disability begins, unless the disability continues for six (6) weeks or longer. When the disability lasts less than six (6) weeks, an employee may use medical or vacation leave for the initial seven (7) days. If no other leave is available, the City shall grant the employee temporary disability leave. If the disability continues for six (6) weeks or longer, the employee will be credited with any medical or vacation leave taken during the initial waiting period. 8 6. While on leave due to a temporary disability while in the line of duty, the total compensation paid to an employee, including salary, wages, workers compensation benefits, and leave pay collected from any other party (except the employee’s private insurance) shall not exceed the employee’s salary at the time of the commencement of the leave, plus any allowed and approved cost of living increase which commences during the period of leave. 7. The City reserves the right of subrogation because of payment of temporary disability leave to any employee who is disabled or injured by a third party, and reserves the right to pursue collection from the employee of any money paid by the party to the extent of the City’s payment of temporary disability leave. Should the employee receiving temporary disability leave collect from the third party for salary, wages or expenses otherwise paid by the City, he or she will reimburse the City for money paid as temporary disability leave or expenses resulting from the injury. 8. Nothing in this Article shall be interpreted to mean that the City shall have the right to initiate civil litigation in the name of the employee against the party or representative or such party until after receiving consultation and advice of the employee and a signed waiver to that effect. 9. A light duty policy will be maintained by the City to accommodate employees who have been injured in the work place to return to work as soon as possible. The commencement of light duty work and/or modified duty work shall be five (5) calendar days from the date of injury. Any changes in shifts to accommodate the light duty work shall be made in the interim. Any employee who is medically released for light duty may commence light duty work and/or modified duty work earlier than the five (5) days from the date of injury if the employee is willing to do so. During the five (5) day period, between a date of injury and the beginning of light duty work and/or modified duty work, any employee who does not willingly return to light duty work, who is released by a doctor to do so, shall be required to take medical leave for any regularly scheduled shifts that are missed. If medical leave is unavailable to the employee, vacation leave may be used in lieu of medical leave. Day one shall constitute the date of injury, and day six shall be the day the employee begins light duty work. If the employee continues to work full duty after the date of injury, the five (5) day notice shall begin on the date of the doctor appointment in which light duty work is recommended. Once an employee begins light duty work, the employee is required to continue light duty work until released for full duty or until the maximum light duty period expires pursuant to city policy. ARTICLE XII GENERAL PROVISIONS CONCERNING LEAVE A. Absent Without Approval An employee who is absent from duty without approval shall receive no pay for the duration of the absence and, unless there is a legitimate reason for the absence, shall be subject to disciplinary action, which may include dismissal. 9 B. Authorized Leave Forms For all leave except medical leave, a written request on an authorized form, indicating the kind of leave, duration and dates of departure and return, must be approved prior to the taking of the leave. Unless an absence is substantiated by notation on an authorized form approved by the supervisor, an employee shall not be paid for any absence from scheduled work hours. C. Leave Covered by FMLA Employees who anticipate taking leave governed by the FMLA are required to provide written notice of their intent as set forth in the City’s FMLA Policy. ARTICLE XIII PENSION RETIREMENT PLAN The City agrees that the employees covered under this agreement are covered under the pension plan as provided by state statutes, as amended. ARTICLE XIV FITNESS FOR DUTY The City maintains the right to test for fitness for duty. ARTICLE XV RATES OF PAY FOR WORK PERFORMED The rates of pay for work performed under this agreement shall be: A. 2007-2008 Fiscal Year Rates of pay from October 1, 2007 through September 30, 2008, for work performed in the various classes of work under this agreement shall be as shown on the new pay plan, attached hereto as Exhibit “A” and shall take effect the first full pay period of October 2007 (October 7, 2007). For each fiscal year, the new rate of pay as outlined in Exhibit “A” and for the following fiscal years once the salary adjustment is implemented, said new rate of pay and the salary adjustment shall take effect during the first full pay period in the month of October. B. 2008-2009 Fiscal Year Effective in the first full pay period of October, 2008, Steps 1 through 8 of the pay ranges for police officer and police sergeant shall be adjusted by a salary adjustment at three and one half percent (3.5%). See Exhibit “B”. C. 2009-2010 Fiscal Year Effective in the first full pay period of October, 2009, Steps 1 through 8 of the pay ranges for police officer and police sergeant shall be adjusted by a salary adjustment at three and one half percent (3.5%) . See Exhibit “C”. 10 D. 2010-2011 Fiscal Year Effective in the first full pay period of October, 2010, Steps 1 through 8 of the pay ranges for police officer and police sergeant shall be adjusted by a salary adjustment at three and one- half percent (3.5%). See Exhibit “D”. E. Pay Step Upon Demotion An employee who fails to satisfactorily perform the duties of a classification into which he/she has been promoted may be demoted to the classification from which promoted. Such employee shall return to the same pay step held prior to promotion with the same regular status held prior to promotion. F. Compensatory Time In lieu of payment for overtime hours worked, the employee may elect to take compensatory time off. One and one-half (1½) hours of compensatory time shall be credited for each overtime hour worked. Unused accumulated compensatory time may be converted to overtime pay only upon termination of employment unless otherwise authorized by the Chief of Police. Compensatory time may not be used on a holiday. Compensatory time may be accumulated up to eighty-five (85) hours annually (56.67 actual hours worked) with the year commencing October 1. All compensatory time that is not used prior to the last pay period before September 30th of each year shall be paid out in cash to the employee at the regular hourly rate for the hours left in the compensatory time bank. The pay-out for the unused compensatory time shall occur in the last full pay period prior to or on September 30th, if September 30th is the last pay period of said year. It shall be permissible to use less than eight (8) hours at a time. Compensatory time shall be used only with the approval of the Chief or the Chief’s designated representative. ARTICLE XVI PAY PLAN STRUCTURE A. Administration of Pay Schedule 1. Officers and Sergeants will be considered for pay schedule step increases upon receiving satisfactory performance appraisals with said step increases to be effective on the first day of the pay period following the event for change according to the following schedule: Step 1. Entry level; Step 2. Upon successful completion of six (6) months of service in step 1 of the job classification and upon receiving a satisfactory performance appraisal; Step 3. Upon successful completion of six (6) months of service in step 2 of the job classification and upon receiving a satisfactory performance appraisal; 11 Step 4. Upon successful completion of twelve (12) months of service in step 3 of the job classification and upon receiving a satisfactory performance appraisal; Step 5. Upon successful completion of twelve (12) months of service in step 4 of the job classification and upon receiving a satisfactory performance appraisal; Step 6. Upon successful completion of eighteen (18) months of service in step 5 of the job classification and upon receiving a satisfactory performance appraisal; Step 7. Upon successful completion of eighteen (18) months of service in step 6 of the job classification and upon receiving a satisfactory performance appraisal; Step 8. Upon successful completion of eighteen (18) months of service in step 7 of the job classification and upon receiving a satisfactory performance appraisal; 2. An employee who is promoted shall be placed in the step of the new pay grade that insures at least a three percent (3%) increase in pay. Upon successful completion of the six (6) month introductory period in the new position and upon receiving a satisfactory performance appraisal, an employee shall move to the next step in the pay scale. 3. The Mayor may evaluate the manner of performance of any employee, all employees, or any portion of the employees at any time during such employees’ service. Any adjustments in the pay of such evaluated employees, including probationary employees’ step adjustments, shall be effective on the first day of a pay period falling on or immediately after such adjustment. 4. Employees, prior to advancing in step or grade, shall be evaluated using the City’s performance appraisal system. Such appraisal shall take place at least yearly and also when an employee is eligible for a step advancement. Should an employee receive an appraisal indicating unsatisfactory performance, that employee will not receive an increase in pay, other than a cost-of-living increase. 5. In no case shall any employee be advanced beyond the maximum rate of the pay grade for his/her class of position. B. Introductory Period As set forth in the Nebraska Civil Service Act and the Grand Island Civil Service Commission Rules and Regulations, no appointment, employment, or promotion in any position in the service shall be deemed complete until after the expiration of one year after certification by the Nebraska Law Enforcement Training Center for police officers. 12 ARTICLE XVII EMPLOYEE RELATIONS A. General Every employee in the police division shall fulfill conscientiously the duties and responsibilities of his/her position. Every employee shall conduct himself or herself at all times in a manner which reflects credit on the service. Every employee shall be impartial in all official acts and shall in no way endanger nor give occasion for distrust of his/her impartiality. B. Membership in F.O.P. The parties hereby agree that no officers, agents, representatives, members, or anyone connected with either party shall in any manner intimidate, coerce, restrain, or interfere with the rights of employees to form, join or assist labor organizations, or to refrain from any of these activities, including the right of employees to withdraw, revoke or cancel F.O.P. membership. C. Disciplinary Action 1. Cause: Cause for disciplinary action against any employee shall include any cause so specified in the Employee Personnel Rules of the City of Grand Island, the Police Department Policy and Procedures Manual and the rules and regulations of the City Civil Service Commission. 2. Reprimand: The Police Chief or designated representative may reprimand any employee for cause. Such reprimand may be in writing and addressed and presented to the employee who will initial receipt. A signed copy shall be delivered to the Mayor’s office for inclusion in the employee’s personnel file. The employee may submit an explanation or rebuttal. 3. Civil Service: It is agreed by the parties that all applicable provisions of the Rules and Regulations of the Grand Island Civil Service Commission are hereby made part of this agreement and by this reference made part hereof. It is the policy of the City of Grand Island to provide a system of progressive discipline which affords an opportunity for the resolution of unsatisfactory employee performance or conduct. Such system shall include an appeal procedure to assure the equitable and consistent application of discipline. Discipline may begin with the least severe disciplinary action and progress, if necessary, to more severe actions. However, the severity of the incident may warrant any level of initial disciplinary action. 13 ARTICLE XVIII GRIEVANCE PROCEDURE A. Procedure An alleged grievance arising from an employee shall be handled in the following manner: A grievance for the purpose of the agreement refers to a question of interpretation, application, and meaning of the terms of the labor agreement between the City and the F.O.P. Employees shall raise and thoroughly discuss any matters of disagreement with their immediate supervisor in order to informally resolve as many matters as possible. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, the act or acts of commission, the time and place of the act of commission or omission, the identity of the party or parties who claim to be aggrieved, the provisions of this agreement that are alleged to have been violated and the remedy which is sought. In the event that satisfactory settlement is not or cannot be reached after the matter has been informally raised with the immediate supervisor, the following procedure shall be used in submission of a grievance. 1. First Step – Any employee who believes that he/she has a justifiable request or grievance shall discuss the request or complaint within five (5) calendar days with the Captain, with or without the F.O.P. representative being present, as the employee may elect, in an attempt to settle the same. If a grievance or request has not been satisfactorily resolved in Step One, it may be presented in writing and proceed to Step Two only if the F.O.P. representative determines that it constitutes a meritorious grievance. A grievance to be considered beyond Step One must be filed in writing with the Police Chief on the form provided by the City. 2. Second Step – The Police Chief shall consider the grievance and notify the employee in writing within seven (7) calendar days after receipt of the grievance. 3. Third Step – If the grievance is not settled to the satisfaction of the employee, the employee or employee’s representative shall present it in writing to the Mayor of the City or the Mayor’s designated representative within seven (7) calendar days after the decision of the Police Chief. The Mayor or designated representative shall notify the employee of the decision made and of any action taken within ten (10) calendar days after receipt of the grievance. 4. Fourth Step – If the grievance is not settled to the satisfaction of the employee, he/she may appeal, within ten (10) days after receipt of the City’s decision to a court of competent jurisdiction. 14 The grievant may use vacation leave to prepare or present the case. Nothing in this agreement shall prevent the grievant from including in his or her petition a prayer for remuneration for time expended in the preparation, trial, or other time lost relating to grievance under consideration. B. General Conditions All grievances shall be presented by the employee in person. The employee shall not be paid for any time used to present a grievance. An employee must obtain the permission of the immediate supervisor before leaving the job to present a grievance. (None of the above precludes the possibility of meetings at any step of the grievance procedure among the parties involved to discuss the issues and to attempt to settle them at that step). Nothing in the foregoing provisions shall be construed to apply to the extent, if any, that such provisions may become in conflict with a duly enacted statute of the state or a decision of the court of competent jurisdiction. The time limits provided in this Article shall be strictly construed and the failure of any moving party to meet the time limits listed in this Article relative to the processing of the grievance shall constitute an unconditional acceptance of the remedy promulgated at the last step, or constitute a rescission of the act giving rise to the grievance, whichever is appropriate. ARTICLE XIX OTHER BENEFITS A. Medical, Dental and Long -Term Disability Insurance The City agrees to provide medical, dental and long-term disability insurance during the term of this agreement for the employee and the employee’s dependents. For all levels of coverages the employees shall contribute fifteen percent (15%) of the premium for the first year of the contract. For the duration of the contract, the co-pay of premium percentages for the membership of the FOP shall be the same as is used for the non-union city employees of the City of Grand Island, which premium may be increased but shall not exceed eighteen percent (18%) of the premium. B. Life Insurance The City will provide a fifty thousand ($50,000.00) life insurance policy for the employee. Such policy contains an option allowing the employee to purchase additional insurance. The premium for the optional insurance shall be paid by the employee. C. Discontinuance of Insurance 1. Except as provided under the City’s Family and Medical Leave Act (FMLA) Policy, or otherwise as required by law, an employee who is on a leave of absence without pay will be removed from coverage under the City’s hospitalization, dental and medical insurance plan on the first day of the month following the effective date of the leave and shall remain off the City’s plan for the duration of said leave of absence. Upon expiration of such leave and upon return of the employee to active duty, he or she will receive coverage on the first day of the month following his/her return. If the leave of absence is 15 not covered by the FMLA policy, the employee shall have the option of retaining coverage under the City’s hospitalization, dental and medical insurance plan if the employee pays one-hundred percent (100%) of the premium cost during an approved leave of absence. 2. The employee will be required to pay the premium on the life insurance policy during any leave of absence. The employee shall pay both the City’s premium and employee’s premium, if any, during this period. D. Uniform Allowance The City shall provide for new employees covered under this contract upon hire, uniform items consisting of: two long sleeved shirts; two short sleeved shirts; two pairs of pants; one winter coat and body armor. New hires shall be allowed to receive from the city, a loan for the amount needed to buy the required uniform and equipment not to exceed $600.00 in addition to what is provided by the City at zero percent (0%) interest rate, with the loan to be repaid from the uniform allowance in its entirety until the loan is repaid in full. All employees covered by this agreement shall be designated as uniformed officers for the City. The City shall provide a uniform allowance to be paid at the rate of Twenty Five Dollars ($25.00) per pay period per employee. The City shall provide to each employee covered by this agreement: brass, handcuffs, whistle, nightstick, case, flashlight, batteries for flashlight, a weapon, ammo clips and a belt. The City shall replace body armor for each officer upon the failure of their body armor. A rotating schedule of replacement shall also be set up so that the body armor shall be replaced one time every five years by the City. The body armor shall be worn at all times by the employees while on duty unless a specific duty assigned, shall not require that the body armor be worn, and such exception to the mandatory wearing of body armor shall be signed specifically by the Chief of Police. E. Tuition and Book Reimbursement Program Tuition and book reimbursement shall be available, subject to the following restrictions, for the purpose of enhancing the knowledge and skills of employees to better perform their current duties: 1. Qualification Process. The determination of whether a request qualifies for the tuition reimbursement program shall be made by the Chief of Police based upon the following considerations: a. Is there budget authority? b. Is the book necessary for said course, job related? c. Is there supervisor approval? 16 d. Is the employee requesting reimbursement eligible for other assistance programs? 2. Approval Process. To receive tuition reimbursement, the employee must submit a “Tuition Request Form”, which shall contain the qualification information discussed above, as well as the employee’s financial request prior to beginning the course. Reimbursement approval is limited as follows: a. Base tuition and necessary books only. No reimbursement shall be allowed for other fees. b. If the employee is eligible for other assistance programs, the City will provide secondary benefits only. 3. Reimbursement Process. Any employee requesting tuition reimbursement shall submit a grade report indicating a “B” or higher, and the tuition request form to the Chief of Police for inclusion in the next payroll period. 4. Service Requirement. Tuition reimbursement is available to regular status employees. 5. Eligibility Requirements. Tuition reimbursement shall be limited as follows: a. Less than two (2) years of service: $ 300.00 b. Two (2) to Five (5) years of service: $ 600.00 c. Five (5) to Ten (10) years of service: $2,000.00 d. Over ten (10) years of service: $3,000.00 Said amounts are to be approved annually from October 1 through the end of the following September. F. Cafeteria Plan The City agrees to maintain a pre-tax contribution plan for medical and hospitalization insurance as long as said plan is generally maintained for employees of the City. The employees covered by this contract shall be allowed to utilize said plan. The City also agrees to maintain a cafeteria plan for health care reimbursement and dependent care assistance, and allow the employees covered by this contract to utilize such plan as long as such plan is maintained for city employees of the City of Grand Island. G. Employee Assistance Program The City agrees to allow the employees covered by this contract access to the Employee Assistance Program, as long as the City maintains such program. 17 ARTICLE XX SENIORITY A. Continuous Service Seniority shall be based on continuous length of service in a classification without a break or interruption; provided, that any suspension for disciplinary purposes, absence on authorized leave with pay, absence on authorized leave without pay, or lay-off for thirty (30) calendar days or less, shall not constitute a break of interruption of service within the meaning of this Article. B. Date of Entry Seniority shall commence from the date an employee enters a classification. C. List A list of employees arranged in order of seniority by classification shall be maintained and revised and updated as is necessary. D. Same Date of Entry Where two or more employees in the same classification were appointed on the same date, their seniority standing shall be determined by the Police Chief at that time and the individuals so notified. E. Shift Vacancy Assignment Seniority shall be a primary consideration in granting employees preference relative to shift assignments when filling a vacancy. It is understood that the Chief of Police, in the best interests of the operation of the Police Department, shall retain all authority to make assignments as required to properly staff the Police Department and may reassign an officer to another shift. F. Higher Classification Preference When two or more employees are promoted to a new classification from different classifications, the employee promoted in the higher classification shall be senior. G. Days Off Vacancy Assignment Seniority shall be a consideration in the assigning of days off when filling a classification vacancy. Seniority shall not be used to change established work schedules. ARTICLE XXI BILINGUAL PAY Eligible employees proficient in an approved second language shall be paid One Thousand Dollars ($1,000.00) per calendar year, such pay to be included in the second paycheck 18 in November. The Chief of Police shall determine which languages are “approved” based upon the needs of the department as they relate to the population make-up of Grand Island. A test shall be developed by the Human Resources Department to test the proficiency of the employee in each approved language before an employee is eligible for bilingual pay. ARTICLE XXII HEALTH INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to aid in obtaining health and dental insurance. ARTICLE XXIII SAFETY COMMITTEE A. Members There shall be a joint committee established, effective the date of ratification of this agreement, consisting of three (3) representatives of the City and three (3) members of the bargaining unit selected by the F.O.P. who shall, at regular intervals, meet to discuss safety problems, and if necessary, tour the premises. The first chairperson of said committee shall be a member of the F.O.P., said position thereafter to rotate annually between the City and the F.O.P. B. Subjects All questions relating to safety, including equipment and procedures shall be considered proper subjects for discussion. C. Common Concern It is agreed by the parties that the question of safety is a common concern and to this end the parties agree to use all reasonable means of protecting the health and welfare of all employees. D. Administrative Review The recommendations of the safety committee shall be forwarded to the Chief of Police for review and consideration. The Chief of Police shall provide a response to such recommendations to both the Chief Administrative Officer of the City and the members of the safety committee within twenty (20) working days of receipt of the recommendation. An additional ten (10) working days will automatically be granted upon written request for additional time to respond. If no response has been made after the additional ten (10) days has elapsed, an F.O.P. representative on the committee may directly contact the Chief Administrative Officer for further action. 19 ARTICLE XXIV MANAGEMENT RIGHTS A. Collective Bargaining The City has endorsed the practices and procedures of collective bargaining as an orderly way to conduct its relations with this group of employees, provided, that the City, acting through its chief administrative officer of the City, retains the right to effectively operate in a reasonable and efficient manner to serve the best interests of all the citizens of the City. B. Reserved Rights Except where limited by express provisions elsewhere in this agreement, nothing in the agreement shall be construed to restrict, limit, or impair the rights, powers and the authority of the City as granted to it under the laws of the State of Nebraska and City ordinances. These rights, powers and authority include, but are not limited to the following: 1. Discipline or discharge for cause whether arising under this agreement or City work rules. 2. Direct the work force. 3. Hire, assign or transfer employees. 4. Determine the mission of the City. 5. Determine the methods, means, number of personnel needed to carry out the City’s mission. 6. Introduce new or improved methods or facilities. 7. Change existing methods or facilities. 8. Relieve employees because of lack of work. 9. Contract out for goods or services. 10. The right to classify jobs and to allocate individual employees to appropriate classifications based upon duty assignments. The City will not abolish or change any bargaining unit classifications for the purpose of depriving the bargaining unit employees of their benefits under this agreement. C. Scope of Negotiations The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is, or may be, subject to collective bargaining. 20 D. Matters Not Specifically Mentioned Any and all matters not specifically mentioned in this agreement are reserved to the City. Such matters reserved to the City shall not be subject to grievance proceedings or negotiation during the life of this contract. E. Chief Administrative Officer All industrial relation functions of the City shall be handled by the chief administrative officer of the City or designated representative. The F.O.P. agrees that it shall deal with the City only through the chief administrative officer of the City or designated representative. ARTICLE XXV GENERAL PROVISIONS A. F.O.P. Credentials No representative of the F.O.P. shall be permitted to come on any job site of the City for any reason without first presenting his/her credentials to the chief administrative officer of the City, Police Chief, or authorized representative, and obtaining permission. B. F.O.P. Solicitation The F.O.P. agrees that it or its members will not solicit membership in the F.O.P. or otherwise carry on F.O.P. activities during working hours or on City property, except with the written permission of the police Chief and or City Administrator. C. Discrimination The City agrees not to discriminate against any employee on the basis of race, creed, color, sex, age or national origin, as provided by law. D. F.O.P. Interference The City and the F.O.P. agree not to interfere with the right of employees to become or not to become members of the F.O.P., and further that there shall be no discrimination or coercion against any employee because of F.O.P. membership or non-membership. E. FOP Bulletin Board The City shall permit the FOP to use one bulletin board designated by the Chief of Police for posting of FOP meetings and elections, reports of FOP committees and other notices or announcements that would be of benefit or of interest to the employees. Posted materials shall not contain anything discriminatory or reflecting adversely upon the City or any of its employees. Any violation of this provision shall entitle the City to cancel immediately this provision of this Article and prohibit the FOP’s further use of the bulletin board. 21 ARTICLE XXVI STRIKES AND LOCKOUTS A. Strikes Neither the F.O.P. nor any officers, agents, or employees will instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work or any other intentional interruption of the operations of the City, regardless of the reason for so doing. The F.O.P. shall attempt in good faith at all times to keep its members on the job during periods of negotiations and hearings for the settlement of grievances. If employees strike or in any manner slow down or stop work without F.O.P. authorization, the F.O.P. shall notify the City of the facts involved with the incident. Any or all employees who violate any of the provisions of this Article without F.O.P. sanction may be summarily discharged or disciplined by the City. Such discharge or discipline shall not be subject to grievance proceedings under any circumstances. B. Lockouts The City will not lock out any employee during the term of the agreement as a result of a labor dispute with the F.O.P. ARTICLE XXVII DURATION OF CONTRACT A. Expiration This agreement shall be effective upon signature by both parties hereto, with the provisions for compensation retroactive to October 1, 2007 and shall continue in effect until midnight, September 30, 2011. If a new and substitute agreement has not been duly entered into prior to the expiration date, all economic terms of the agreement shall continue in full force and effect unless modified in accordance and by implementation of the final offer of the City, or until a new agreement is reached, the Nebraska Commission of Industrial Relations (CIR) has made a determination, or the Nebraska Supreme Court has made a decision on appeal from any CIR decision, whichever of the above may be the first to occur. B. Negotiations for New Agreement The F.O.P. will contact the City to begin negotiations for a new agreement to take effect upon the termination of this agreement may begin any time after January 1, 2011 but no later than February 1, 2011 and must be completed by May 30, 2011 for budget preparation purposes. C. Contract Negotiations Upon notification by either party, the parties shall mutually agree upon the time and place for the first negotiating session. Subsequent sessions shall be set by mutual agreement. Agreement in the setting of negotiating sessions shall not be unreasonably withheld by either party. 22 ARTICLE XXVIII SEVERABILITY If any of the provisions of this agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statute or ordinances, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement. ARTICLE XXIX SCOPE OF AGREEMENT A. Complete Agreement The parties mutually agree that this agreement constitutes the entire agreement and understanding concerning all proper subjects of collective bargaining for the duration of the agreement between the parties and supersedes all previous agreements. This agreement shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties. There are no oral agreements nor is this agreement based upon any oral representation covering the subject matter of this agreement. B. Interpretation This agreement has been executed in accordance with the statutes and the laws of the State of Nebraska and the United States of America, and any dispute, disagreement, or litigation arising under this agreement shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. C. Negotiations The parties agree that the negotiations preceding the signing of this agreement included negotiations on all proper subjects of bargaining and that all negotiations were conducted in accordance with all applicable federal and state requirements. ARTICLE XXX C.I.R. WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the F.O.P., on behalf of all of its members, hereby knowingly, intelligently, and voluntarily waives its right to file any proceedings with the Nebraska Commission of Industrial Relations alleging lack of comparability with respect to any wages, fringe benefits or any other conditions of employment with respect to the time period between October 1, 2007 through September 30, 2011. The parties specifically agree that this waiver does not pertain to claims, actio ns, or suits brought pursuant to Neb. Rev. Stat. §48-824 and §48-825. 23 ARTICLE XXXI NON-DISCRIMINATION A. Prohibition of Discrimination All provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to sex, race, religion, color, creed, protected age, disability, veteran status, national origin, political affiliation, union or non-union membership. B. Gender References All references to employees in this agreement designate both sexes, and whenever the male or female gender is used, such term shall be construed to include both male and female employees. C. A.D.A. Compliance In order to allow the City to deal directly with disabled employees and to maintain confidentiality as required by the Americans with Disabilities Act, the Union hereby waives its right to object to the City’s good faith efforts to comply with the Americans with Disabilities Act with respect to employees in the bargaining unit. This waiver shall include, but is not limited to, the City’s direct dealing with employees in the bargaining unit with respect to accommodations, and the obligation of the City to maintain confidentiality with respect to medical conditions or medical histories of employees in the bargaining unit. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the _____ day of __________________, 2008. GRAND ISLAND LODGE NO. 24 OF THE FRATERNAL ORDER OF POLICE, By: ________________________________________________ Dale Hilderbrand, President, Lodge No. 24 CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By: ________________________________________________ Margaret Hornady, Mayor Attest: ________________________________________________ RaNae Edwards, City Clerk 24 25 26 27 Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-150 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 Agreement by and between the City of Grand Island and the Fraternal Order of Police, Local #24, for the period of October 1, 2007 through September 30, 2011. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Referring Business Improvement District (BID) #8 Formation and Proposal to the Regional Planning Commission Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Attorney Meeting: May 27, 2008 Subject: Referral of Business Improvement District #8 to the Regional Planning Commission Item #’s: H-1 Presenter(s): Dale Shotkoski, City Attorney Background The Mayor and Council appointed an initial Board of Directors to Business Improvement District (BID) #8 last month. District #8 is slated to replace the existing downtown Business Improvement District. There are a number of sequential steps in this process. After being appointed, the BID Board submits recommendations to the City Council. Prior to acting on those recommendations, the Council refers the matter to the Regional Planning Commission for its recommendations. The immediate step is to refer the Business District #8 formation and proposal to the Regional Planning Commission for review and recommendation according to law. Discussion Pursuant to the authority given in Neb Rev Stats 19-4015 through 19-4038, cities may create Business Improvement Districts to facilitate improvements and to develop and promote a variety of beneficial activities. The appointed BID Board has submitted an initial proposed budget for activities and improvements and revised boundaries for the District. This Council must refer the matter to the Regional Planning Commission for recommendation before the next step may be taken. After receiving the Planning Commission’s recommendations, the Council will be asked to adopt a resolution of intent to establish the district. That resolution will be more comprehensive and will: contain a description of the boundaries; describe in detail the proposed improvements and purposes of the district; estimate the costs of projects; set forth the manner of raising revenue and assessments; and set a time for a hearing on the establishment of the district. After notice, hearing, and opportunity to protest, the Council will be asked to pass an ordinance to formally establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to refer the matter to the Regional Planning Commission 2. Take no action on the issue Recommendation City Administration recommends that the Council refer the Business Improvement District #8 proposal to the Regional Planning Commission. Sample Motion Move to refer the Business Improvement District #8 formation and proposal to the Regional Planning Commission. Budget Proposal Business Improvement District No. 8 Grand Island, Nebraska Submitted to the Honorable Mayor and City Council of Grand Island May 16, 2008 By Business Improvement District No. 8 Board of Directors: Bruce Eberle, Chair Matt Armstrong Craig Hand Mark Stelk Barbara Clinch Dee Johnson Tom Ziller Mark Tracy Kurt Haecker K.C. Hehnke Proposed Budget and Purposes for Business Improvement District No. 8 The board members of Business Improvement District No. 8 have completed a thorough and disciplined process to identify their mission and prioritize the work to be accomplished over the next five years – the life of Business Improvement District No. 8 in downtown Grand Island. While many resources will be employed in the achievement of our mission, including the talent and efforts of downtown stakeholders and collaborative projects with area businesses and other organizations, this proposal requests a total of $90,000 in each of the next five years for a total of $450,000 over the life of this Business Improvement District, to complete essential work in three broad categories: Retention and Recruitment Encouraging a vibrant and welcoming downtown requires the presence of businesses, active shoppers and visitors, downtown residents, offices and a welcoming atmosphere. Business Improvement District No. 8 will encourage these results in downtown Grand Island through the planning and implementation of Downtown promotions, continued Main Street commitments and downtown investments to attract the attention of people looking for vibrant and welcoming places to dine, shop, live, work and play. Twenty-four percent of the proposed budget is designated for Retention and Recruitment, or $106,250 over the next five years (see Table 1). Downtown Beautification Creating an atmosphere that is bright, beautiful and safe is essential to the attraction of people to downtown, regardless of whether they come to visit, live, dine, shop or simply enjoy the downtown. This category of work will include completion of projects in Kaufmann Cummings Park, enhanced foliage and flowers in the downtown, preparing and maintaining clean and safe pedestrian areas, streetscape investments, signage improvements and other items to help downtown Grand Island become a destination for local residents and visitors to this community. Thirty percent of the proposed budget is designated for Downtown Beautification or a total of $132,450 over the next five years (see Table 1). Implementation and Maintenance Finally, all the resources and talent vested in Business Improvement District No. 8 rely upon the successful completion of each project and careful maintenance of the downtown area to ensure the best possible results from the careful planning and investments of downtown stakeholders, including Business Improvement District No. 8. To accomplish many of the duties inherent in this proposal, we must secure the necessary human resources, using contracts with existing organizations, to implement the work and maintenance pursuant to the mission of Business Improvement District No. 8. Forty-seven percent of the proposed budget is designated for Implementation and Maintenance, or a total of $209,500 over the next five years (see Table 1). Table 1. Business Improvement District #8 Five-Year Financial Plan Fiscal years beginning October 1, 2008 2009 2010 2011 2012 Total BID #8 Revenue 90,000 90,000 90,000 90,000 90,000 450,000 100.00% Retention and Recruitment 20,750 21,500 20,000 21,500 22,500 106,250 24% Main Street Promotions, Investment Enhancements, Retention and Recruitment Downtown Beautification 26,750 27,000 28,500 26,500 25,500 134,250 30% Kaufmann Cummings Park, Green Spaces, Foliage and Flowers, Pedestrian Areas, Streetscape, Signage and Attractions Implementation and Maintenance 42,500 41,500 41,500 42,000 42,000 209,500 47% Support Staff, Labor Force, Volunteers and Strategic Planning 1st St W 3rd St W 2nd St W Elm St S1st St E Oak St S3rd St E Oak St NVine St SElm St N2nd St E Eddy St SPine St NDivision St W Locust St SKoenig St WEddy St NCedar St SPine St SCharles St W Walnut St NCleburn St SLouise St W Koenig St E Kimball Ave SWalnut St SSycamore St SSycamore St NCedar St NLocust St NDivision St ECleburn St NSouth Front St E Charles St E North Front St W Vine St NHansen St South Front St W Yund StKimball Ave NWheeler Ave NWheeler Ave SCourt St E Ashton Ave E Ashton Ave WPin e St SVine St NMap Prepared by CNMarch 19, 2008 Proposed District Current District Downtown BID Current and Proposed Item I1 #2008-151 - Consideration of Request from M-Z Corporation dba J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an Addition to Class "C-13059" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ May 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-151 WHEREAS, an application was filed by M-Z Corporation, doing business as J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an addition to their Class "C-13059" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 17, 2008; such publication cost being $14.47; and WHEREAS, a public hearing was held on May 27, 2008, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of May 14, 2008 through May 27, 2008 The Claims for the period of May 14, 2008 through May 27, 2008 for a total amount of $4,056,659.10. A MOTION is in order. Tuesday, May 27, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council