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06-24-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 24, 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 - Father Vince Parsons, St. Mary's Catholic Church, 204 South Cedar 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 C1 Proclamation "A Community of One - Unity Walk" June 28, 2008 Cultural diversity is one of the greatest strengths the community of Grand Island has to offer. The Multicultural Coalition is sponsoring a Unity Walk to show "A Community of One" to break down the barriers of division. The event will be held on Saturday, June 28, 2008 beginning at 10:00 a.m. at 2nd and Pine Streets. The Mayor has proclaimed June 28, 2008 as "A Community of One - Unity Walk" and encourages all citizens to join hands and walk for unity in our community. See attached PROCLAMATION. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Paul Briseno, Assist. to City Administrator City of Grand Island City Council Item E1 Public Hearing on Request from The Cigarette Store Corp. dba Smoker Friendly/T & D Liquors, 802 West 2nd Street for a Class “ C” Liquor License Tuesday, June 24, 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: June 24, 2008 Subject: Public Hearing on Request from The Cigarette Store Corp. dba Smoker Friendly/T & D Liquors, 802 West 2nd Street for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion The Cigarette Store Corp. dba Smoker Friendly/T & D Liquors, 802 West 2nd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. This location is at the corner of Eddy Street and 2nd Street, west of the current Smoker Friendly store, formerly a pharmacy with a drive through window. Nebraska Liquor Control Commission Rules and Regulations Section 53-178.01 states: “No licensee shall sell alcoholic liquor, including beer, to any person for consumption off the licensed premises while such person is in any manner within any motor vehicle. This section shall not apply to sales to handicapped persons in a motor vehicle displaying a current handicapped license plate issued by the Department of Motor Vehicles.” Also included with the application was a request from Megan Kenney, PO Box 131, Phillips, Nebraska for a Liquor Manager designation. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. 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 from The Cigarette Store Corp. dba Smoker Friendly/T & D Liquors, 802 West 2nd Street for a Class “C” Liquor License contingent upon final inspections and with the restriction that no alcohol or beer be sold through the drive-up window to anyone. Also approve the request from Megan Kenney, P.O. Box 131, Phillips, Nebraska for Liquor Manager designation contingent upon Ms. Kenney completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from B & D Management, Inc. dba Bunkhouse Sports Bar and Grill, 3568 W Old Hwy 30 for an Addition to Class “C-78875” Liquor License Tuesday, June 24, 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: June 24, 2008 Subject: Public Hearing on Request from B & D Management, Inc. dba Bunkhouse Sports Bar and Grill, 3568 West Old Highway 30 for an Addition to Class “C-78875” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background B & D Management, Inc. dba Bunkhouse Sports Bar and Grill, 3568 West Old Highway 30 has submitted an application for a Sidewalk Cafe, an addition to their Class “C- 78875” Liquor License. The request includes an area of approximately 9’ x 35’ to be added to the west side of the existing building. (See attached drawing.) Discussion Chapter 2, Section 012.08 of the Nebraska Liquor Control Commission Rules and Regulations define “Sidewalk cafe” as “an outdoor area included in licensed premises, which is used by a restaurant or hotel with a restaurant license, for the service of meals as well as alcoholic liquors, and which is contained by a permanent fence, wall, railing, rope, or cha in, defining the licensed area, provided that one open entrance not to exceed eight (8) feet shall be allowed.” 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 request for a 9’ x 35’ Sidewalk Cafe addition for B & D Management, Inc. dba Bunkhouse Sports Bar and Grill, 3568 West Old Highway 30, Liquor License “C-78875” contingent upon final inspections. Item E3 Public Hearing on Request from Stratford Plaza LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for an Addition to Class “C-65949” Liquor License Tuesday, June 24, 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: June 24, 2008 Subject: Public Hearing on Request from Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for an Addition to Class “C-65949” Liquor License Item #’s: E-3 & I-3 Presenter(s): RaNae Edwards, City Clerk Background Stratford Plaza LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road has submitted an application for a Beer Garden, an addition to their Class “C-65949” Liquor License. The request includes a Beer Garden, an area of approximately 32’ x 25’ to be added to the north 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 request for a 32’ x 25’ Beer Garden addition for Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road, Liquor License “C-65949” contingent upon final inspections. Item E4 Public Hearing on Request from Balz, Inc. dba Balz Sports Bar, 3421 West State Street for an Addition to Class “C-39140” Liquor License Tuesday, June 24, 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: June 24, 2008 Subject: Public Hearing on Request from Balz, Inc. dba Balz Sports Bar, 3421 West State Street for an Addition to Class “C-39140” Liquor License Item #’s: E-4 & I-4 Presenter(s): RaNae Edwards, City Clerk Background Balz, Inc. dba Balz Sports Bar, 3421 West State Street has submitted an application for a Beer Garden, an addition to their Class “C-39140” Liquor License. The request includes a Beer Garden, an area of approximately 22’ x 66’ to be added to the north 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 request for a 22’ x 66’ Beer Garden addition for Balz, Inc. dba Balz Sports Bar, 3421 West State Street, Liquor License “C-39140” contingent upon final inspections. Item E5 Public Hearing Concerning Change of Zoning for Land Located North of Trust Street, South of Rolling Green Drive from RD Residential Development to Amended RD Residential Development (Good Samaritan Subdivision) Tuesday, June 24, 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: June 24, 2008 Subject: Rezone Request for Good Samaritan Subdivision, from RD to Amended RD Item #’s: E-5 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning rezone request of Good Samaritan Subdivision from RD to Amended RD. Rezoning of land proposed for changing number of units for Lot 3 from 14 to 28 Senior Housing Apartments to 37 to 65 Senior Housing Apartments, located North of Trust., South of Rolling Green Dr., in the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held June 4th, 2008, the above item was considered following a public hearing Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. No members of the public spoke in favor or opposed to the rezone request. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezone request as presented 2. Modify the rezone request to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Haskins, seconded by Hayes, to approve the rezone request of Good Samaritan Subdivision from RD to Amended RD as presented. A roll call vote was taken and the motion passed with seven members present voting in favor. (O’Neill, Ruge, Hayes, Monter, Haskins, Bredthauer, Snodgrass). Sample Motion Approve the rezone request for Good Samaritan Subdivision. Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 13, 2008 SUBJECT: Concerning amendments Subdivision Agreement for the Good Samaritan Village Subdivision an RD Residential Development Zone located at the west ends of Enterprise and Trust Streets and east of Indian Head Golf Course. (C-15-2008GI) PROPOSAL: The developers are requesting a change to the permitted development as agreed to in paragraph 9 Block 1 Lot 3 of the agreement as shown on the attached document. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. OVERVIEW: Good Samaritan Homes has changed their initial plan to build up to 28 units of senior apartments to 37 units of senior apartments in the initial phase of their project. They also intend at some point if this is approved to build additional units on the site as needed. The additional units will be built within the building envelope defined on the development pla n as it was approved by the Grand Island City Council. This change does not significantly impact scope, intent or integrity of the overall development. Approving this now allows them to plan appropriately for the site. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the changes to the Subdivision Agreement and Development Plan as requested. ___________________ Chad Nabity AICP, Planning Director 9. Design and Construction. No building shall be constructed within the Subdivision except within the Building Envelope Areas as defined on the Development Plan (Exhibit "A"). The buildings to be constructed shall be designed so that the exterior of such building shall be architecturally and aesthetically compatible in material and color. The design and construction shall be in conformity with sound architectural and engineering standards. No portion of any building constructed (including architectural features) shall exceed a height of 35 feet above the center of the intersection of Enterprise Avenue and Good Samaritan Place. Buildings Permitted Block 1 Lot 1 Up to a 2 Story Apartment Building with between 24 and 36 dwelling units. Block 1 Lot 2 Four Buildings for Skilled Care and Assisted Living up to a maximum of 72 units and Commons Building. These buildings may be connected with an enclosed covered pedestrian walkway. Block 1 Lot 3 Three Buildings up to 2 stories for Assisted Living and Senior Apartments; Two building with between 18 and 24 Units and One building with between 14 37 and 28 65units. A Community Center Building may also be constructed on this lot. These buildings may be connected with an enclosed covered pedestrian walkway. Block 1 Lot 2 & 3, Buildings between lots 2 &3 may be connected with an enclosed covered pedestrian walkway. Item E6 Public Hearing Concerning Change of Zoning for Grand Island Mall Fifteenth Subdivision from CD Commercial Development to Amended CD Commercial Development Tuesday, June 24, 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: June 24, 2008 Subject: Rezone request for Grand Island Mall Fifteenth Subdivision, changing Zone from CD to Amended CD Zone Item #’s: E-6 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Rezone request of Grand Island Mall Fifteenth Subdivision, changing Zone from CD to Amended CD Zone a tract of land comprising all of Lot One (1), in the city of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held June 4th, 2008, the above item was considered following a public hearing. Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. John McDermott, attorne y for Gordman Properties LLC., had objections that the new proposed building would balkanize the existing property and impair the sightlines to the Gordman property located immediately north of the Grand Island Mall. His major concern was with the apparent lack of coherent development at the Grand Island Mall location and the sight lines to the Gordman property. Dawn Nowka, Vice President of the Grand Island Mall spoke in favor for adding the new proposed building. Currently there are outlots already created, there is a strip mall center and Burger King to the North and to the South there is Video Kingdom. None of these currently hinder the sightline. The current proposed building would take up just a portion of the front section, not all the frontage would be used for this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezone request as presented 2. Modify the rezone request to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge, seconded by Bredthauer, to approve the rezone request for the Grand Island Mall Fifteenth Subdivision from CD Zone to Amended CD as presented. A roll call vote was taken on the motion was taken with 7 members present with 6 voting in favor (Ruge, Hayes, Monter, Haskins, Bredthauer, Snodgrass) and one member voting against (O’Neill). Sample Motion Approve the rezone request for Grand Island Mall Fifteenth Subdivision. Agenda Item #5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 13, 2008 SUBJECT: Change of Zoning for property proposed for platting as Grand Island Mall Fifteenth Subdivision, located South of Capital Avenue, and West of Webb Road, from CD Commercial Development to Amended CD Commercial Development. (Hearing, Discussion, Action) (C-16-2008GI) PROPOSAL: This proposed development would create and new lot along the east side of the development north of College Street extended and west of Webb road. OVERVIEW: Site Analysis Current zoning designation: CD-Commercial Development Zone no building envelope defined for this site. Permitted and conditional uses: Commercial office and retail uses Comprehensive Plan Designation: Commercial development Existing land uses. Vacant Adjacent Properties Analysis Current zoning designations: North, South, East and West, CD Commercial Development Zone Permitted and conditional uses: CD – Commercial office and retail uses. Comprehensive Plan Designation: North, South, Eas t and West: Designated for commercial development and uses. Existing land uses: North: Burger King East: Strip Commercial West: Shopko South: Strip Commercial EVALUATION: Positive Implications : · Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development. · Is infill development. This development is using property that is within the existing functional and legal boundaries of the City of Grand Island. · Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area. Water is available either in Webb Road from the public main or from the private main supplying the Grand Island Mall either source is acceptable to the city. Sewer is adjacent to the property. · Monetary Benefit to Applicant: Would allow the applicant to develop and sell this property. Negative Implications : · None foreseen Other Considerations Commercial development zones allow up to 30% of the property within the CD zone to be covered with buildings. This will not exceed the coverage limitations. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the amended CD zoning district and final development plan as shown on the final plat for Grand Island Mall 15th Subdivision. ___________________ Chad Nabity AICP, Planning Director Item E7 Public Hearing to Amend Chapter 36 of the Grand Island City Code Relative to Flood and Reference Maps Tuesday, June 24, 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: June 24, 2008 Subject: Adopt New Flood Maps and Reference said Maps Properly in the Zoning Regulations Item #’s: E-7 & F-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Proposed changes to adopt new Flood Maps and reference maps dated September 26, 2008 in the Hall County, Grand Island, Wood River, Alda, Doniphan and Cairo zoning regulations. (C-18-2008All) Discussion At the regular meeting of the Regional Planning Commission, held June 4, 2008, the above item was considered. Nabity presented the Flood Maps and reference maps to the Commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezone request as presented 2. Modify the rezone request to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Hayes, and seconded by Ruge, to recommend that the Grand Island Mayor and Members of the Council approve the new Flood Maps and reference maps as presented. A roll call vote was taken and the motion passed with seven members present (O’Neill, Ruge, Hayes, Monter, Haskins, Bredthauer, Snodgrass) voting in favor. Sample Motion Move to approve the new Flood Maps and reference maps as presented. Agenda Item #6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 13, 2008 SUBJECT: Concerning amendments to the Zoning Regulations for Hall County, the City of Grand Island and its 2 mile extra-territorial jurisdiction, the City of Wood River and its 1 mile extra-territorial jurisdiction, and the Villages of Alda, Cairo, and Doniphan and their 1 mile extra-territorial jurisdictions. Amendments to be considered pertain to the effective date of maps to be used for regulating the flood plain as determined by the Federal Emergency Management Agency (FEMA). (C-18-2008All) PROPOSAL: The changes proposed here are necessary to insure that all of the communities in Hall County are properly managing the flood plain in their respective jurisdictions. The proposed changes are defined for each community and attached. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. OVERVIEW: Communities that have identified flood plain are required to adopt regulations for the management and protection of the flood plain within their jurisdiction by both the Federal Government and the State of Nebraska. If communities refuse to or fail to enforce flood plain regulations within their jurisdiction they are at risk of being declared in noncompliance with Federal and State mandates. Individuals and businesses in communities that do not comply with the Federal mandate to manage the flood plain lose of the ability to get flood insurance. Lenders are severely limited in the type of loans they can make in communities where flood insurance is not available. Hall County and its communities have been managing the flood plain for more than 30 years and currently in compliance with Federal and State mandates. As part of a nationwide mapping project FEMA has updated all of the maps for Hall County. These maps will be available in digital format and usable on the local geographic information system (GIS) and Mapsifter for regulatory purposes when they become effective. The publication date of the new maps is September 26, 2008. The new maps do not make any dramatic changes to the flood plain in Hall County. Some new areas have been identified due to different data sets and newer techniques. It is not anticipated that these changes will have much affect on the residents of Hall County. A copy of the new map is attached. Individual sheets are available at the Planning Department offices if you need further information. RECOMMENDATION: That the Regional Planning Commission recommend that the Hall County Board, the Grand Island and Wood River City Councils and the Village Boards of Alda, Cairo and Doniphan approve the changes to the Zoning Regulations as presented to be effective on September 26, 2008. ___________________ Chad Nabity AICP, Planning Director Alda Zoning Ordinance Section 8.02 General Provisions 8.02.01. Lands to which ordinance applies This ordinance shall apply to all lands within the jurisdiction of the Village of Alda on the Flood Insurance Rate Map (FIRM) dated June 3, 1986 September 26, 2008, and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in Section 8.04 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 8.05, 8.06, and 8.07. Cairo Zoning Ordinance Section 8.02 General Provisions 8.02.02. Lands to which ordinance applies This ordinance shall apply to all lands within the jurisdiction of the Village of Cairo on the Flood Insurance Rate Map (FIRM) June 3, 1986 September 26, 2008,and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in Section 8.04 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 8.05, 8.06, and 8.07 Doniphan Zoning Ordinance Section 8.02 General Provisions 8.02.03. Lands to which ordinance applies This ordinance shall apply to all lands within the jurisdiction of the Village of Doniphan on the Flood Insurance Rate Map (FIRM) dated June 3, 1986 September 26, 2008, and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in Section 8.04 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 8.05, 8.06, and 8.07. Wood River Zoning Ordinance Section 8.02 General Provisions 8.02.04. Lands to which ordinance applies This ordinance shall apply to all lands within the jurisdiction of the City of Wood River on the Flood Insurance Rate Map (FIRM) dated June 3, 1986 September 26, 2008, and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in Section 8.04 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 8.05, 8.06, and 8.07. Hall County Zoning Resolution Section 8.02 General Provisions 8.02.05. Lands to Which Resolution Applies This Resolution shall apply to all lands within the jurisdiction of Hall County identified on the Flood Insurance Rate Map (FIRM) dated September 29, 1986 September 26, 2008, and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in Section 8.04 of this Resolution. In all areas covered by this Resolution no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the Board of Supervisors or its duly designated representative under such safeguards and restrictions as the Board of Supervisors or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 8.05, 8.06, and 8.07. Grand Island Zoning Ordinance §36-118. General Provisions (A) Lands to which Article applies. This Article shall apply to all lands within the jurisdiction of the City of Grand Island identified on the Flood Insurance Rate Map (FIRM) dated March 2, 1983 September 26, 2008, and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in §36-120 of this chapter. In all areas covered by this Article, no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in §36-121, 36-122, and 36-123 herein. Item E8 Public Hearing Concerning the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Dehn Renter, Chairman City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, City Attorney Meeting: June 24, 2008 Subject: Public Hearing Concerning the Semi-Annual Report by the Citizen’s Review Committee on the Economic Development Program Plan Item #’s: E-8 & G-7 Presenter(s): Dale M. Shotkoski, City Attorney Mark Stelk, Vice-Chairman, Citizen’s Advisory Review Committee Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The Citizens Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of June 13, 2008, and voted to forward it onto the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the semi-annual report of the Citizens’ Advisory Review Committee. 2. Do not accept the semi-annual report of the Citizens’ Advisory Review Committee. Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizens ’ Advisory Review Committee. Sample Motion Move to accept the semi-annual report of the Citizens’ Advisory Review Committee. Item E9 Public Hearing on Request from Mission Nebraska, Inc. for a Conditional Use Permit for Installation of a 40 Foot Tower Located at 3347 West Capital Avenue Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: June 24, 2008 Subject: Request of Stanley Parker & Carolyn Simmons with Mission Nebraska, Inc. for Approval of a Conditional Use Permit to Construct a Telecommunication Tower at 3347 West Capital Avenue Item #’s: E-9 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request to allow for the construction of a 40 foot tall studio transmitter tower and a 6 foot antenna for a total height of 46 feet. The tower will facilitate the proposed relocation of a radio studio and office located at 3347 West Capital Avenue. The Grand Island Zoning Code requires that all wireless communication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations is to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, those items have been submitted, with the exception of; 1) the engineering design of the tower, and 2). All towers located within one mile of the proposed location. The engineering design of the tower is appropriate to submit after council approval and before a permit is issued for construction. The submitted identification of other towers within a one mile radius has been reviewed and two additional tower locations within the one mile radius have been identified. None of the towers within the one mile radius appears adequate for collocation. This request is to construct and attach a tower on the south side of the existing building which will transmit a radio signal from this location to the broadcast tower north of Doniphan, NE. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the conditional use permit. 2. Disapprove or /Deny the conditional use permit. 3. Modify the conditional use to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request for a conditional use permit to construct this wireless communication tower. Sample Motion Move to approve the request for a conditional use permit to construct a wireless communication tower at 3347 West Capital Avenue finding no adverse impact to the surrounding neighborhood. Item F1 #9173 - Consideration of Change of Zoning for Land Located North of Trust Street, South of Rolling Green Drive from RD Residential Development to Amended RD Residential Development (Good Samaritan Subdivision) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2008 ¤ City Attorney ORDINANCE NO. 9173 An ordinance to amend the Final Development Plan for the Residential Development Zone located at the West ends of Enterprise and Trust Streets within the zoning jurisdiction of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on June 4, 2008, held a public hearing and made a recommendation on the proposed final development plan for the Good Samaritan Subdivision; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of School Districts in Hall County, Nebraska; and WHEREAS, after public hearing on June 24, 2008, the City Council found and determined that the change in the final development plan will continue the future successful functioning of the residential development of the subdivision, and determined that such final development plan within the Residential Development Zone be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The existing platted Final Development Plan for the Residential Development Zone comprising all of Lots 1 thru 25 Block 1; Lots 1 thru 5 Block 2; Lot 1 Block 3; and Outlot A) Good Samaritan Subdivision in the city of Grand Island, Hall County, Nebraska is hereby amended to allow an increase in the number of housing units and size of the proposed building on this property. ORDINANCE NO. 9173 (Cont.) - 2 - SECTION 2. 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: June 24, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9174 - Consideration of Change of Zoning for Grand Island Mall Fifteenth Subdivision from CD Commercial Development to Amended CD Commercial Development This item relates to the aforementioned Public Hearing Item E-6. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2008 ¤ City Attorney ORDINANCE NO. 9174 An ordinance to amend the Final Development Plan for the Commercial Development Zone located south of Capital Avenue and west of Webb Road within the zoning jurisdiction of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on June 4, 2008, held a public hearing and made a recommendation on the proposed final development plan for Grand Island Mall Fifteenth Subdivision; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of School Districts in Hall County, Nebraska; and WHEREAS, after public hearing on June 24, 2008, the City Council found and determined that the change in the final development plan will continue the future successful functioning of the commercial development of the subdivision, and determined that such final development plan within the Commercial Development Zone be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The existing platted Final Development Plan for the CD- Commercial Development Zone comprising all of Lot One (1) Grand Island Mall Eighth Subdivision in the city of Grand Island, Hall County, Nebraska is hereby amended to create an additional lot and to allow a building on Lot One of proposed Grand Island Mall Fifteenth Subdivision of this property. ORDINANCE NO. 9174 (Cont.) - 2 - SECTION 2. 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: June 24, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9175 - Consideration of Amending Chapter 36 of the Grand Island City Code Relative to Flood and Reference Maps This item relates to the aforementioned Public Hearing Item E-7. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2008 ¤ City Attorney ORDINANCE NO. 9175 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-118(A) pertaining to the date of the Flood Insurance Rate Map, and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-118(A) of the Grand Island City Code is hereby amended to read as follows: §36-118. General Provisions (A) Lands to which Article applies. This Article shall apply to all lands within the jurisdiction of the City of Grand Island identified on the Flood Insurance Rate Map (FIRM) dated March 2, 1983September 26, 2008, and any revisions thereto, as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in §36-120 of this chapter. In all areas covered by this Article, no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in §36-121, 36-122, and 36-123 herein. SECTION 2. Section 36-118(A) as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect September 26, 2008. Enacted: June 24, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of June 10, 2008 City Council Regular Meeting Tuesday, June 24, 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 June 10, 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 June 10, 2008. Notice of the meeting was given in The Grand Island Independent on June 4, 2008. Mayor Margaret Hornady called the meeting to order at 7:15 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 Pub lic Works Director Steve Riehle. INVOCATION was given by Pastor Alan Davis, Independent Bethel Baptist Church, 1223 East 6th Street fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council Members Sarah Kuta, Paige Liess, and MaKayla Kort. Mayor Hornady commented on the ground water and sanitary sewer backup issues throughout the City. Councilmember Meyer thanked the Mayor and city staff for a great job in dealing with the flooding issues. Mayor Hornady thanked the employees at the Waste Water Treatment Plant and mentioned all efforts to privatize this division would not take place. ADJOURN TO BOARD OF EQUALIZATION: Motion by Nickerson, second by Zapata, carried unanimously to adjourn to the Board of Equalization. #2008-BE-2 – Consideration of Determining Benefits for 2007 Weed Abatement Program. Wes Nespor, Assistant City Attorney reported that under Chapter 17 of the Grand Island City Code, the City had several properties which were not mowed of which the City contracted to have taken care of. The City Council in its’ capacity as the Board of Equalization was required to determine the benefits for the 2007 Weed Abatement Program. Lewis Kent, 624 E. Meves Avenue spoke in support of cleaning up properties. Motion by Meyer, second by Brown to approve Resolutions #2008-BE-2. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Nickerson, second by Zapata carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class “C” Liquor Page 2, City Council Regular Meeting, June 10, 2008 License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 13, 2008; notice to the general public of date, time, and place of hearing published on May 31, 2008; notice to the applicant of date, time, and place of hearing mailed on May 13, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and with the restriction there be no involvement of any kind by John Spencer. No public testimony was heard. Public Hearing on Request from Gibby’s, Inc. dba Gibby’s Pool Hall, 807 West 4th Street for an Addition to Class “C-35854” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from Gibby’s, Inc. dba Gibby’s Pool Hall, 807 West 4th Street for an addition to Class “C-35854” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 28, 2008; notice to the general public of date, time, and place of hearing published on May 31, 2008; notice to the applicant of date, time, and place of hearing mailed on May 28, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing Regarding the 2009 CDBG Community Revitalization Phase III Grant Application. Joni Kuzma, Community Development Administrator reported that the Nebraska Department of Economic Development (DED) was taking applications for Phase 3 of the Community Revitalization program. The City was applying for the CDBG grant funds in the amount of $254,230 of which the City would match $228,314. No public testimony was heard. Public Hearing on Acquisition of Right-of-Way at the Southeast Corner of Old Potash Highway and North Road (Greg Baxter). This item was pulled from the agenda at the request of Greg Baxter. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9171 – Consideration of Assessments for 2007 Weed Abatement Program #9172 – Consideration of Issuance of Industrial Development Revenue Bonds for Microgy Grand Island, LLC be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinance #9171 related to the aforementioned Public Hearing. Curtis Christensen, Bond Attorney from Omaha, Nebraska reported that on February 26, 2008 City Council approved Resolution #2008-78 approving the intent to issue Tax-Exempt Industrial Development Revenue Bonds for Microgy Grand Island, LLC for the purpose of defraying the cost of acquisition, construction and equipping solid waste disposal and biogas manufacturing Page 3, City Council Regular Meeting, June 10, 2008 facilities at the Swift & Company beef processing facility. A public hearing was held on May 27, 2008. Motion by Nickerson, second by Meyer to approve Ordinances #9171 & #9172. City Clerk: Ordinances #9171 and #9172 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9171 and #9172 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9171 & #9172 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Zapata, second by Haase to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Receipt of Official Document – Tort Claim Filed by Dee Ann Steiner. Receipt of Official Document – Tort Claim Filed by Great West Casualty Company. Approving Minutes of May 27, 2008 City Council Regular Meeting. Approving Minutes of June 3, 2008 City Council Study Session. Approving Re-Appointment of Paul Leeper to the Civil Service Commission. #2008-152 – Approving Authorization of Settlement with John R. Menard for Property along Capital Avenue for a Total Amount of $163,513.66. #2008-153 – Approving 2009 CDBG Community Revitalization Phase III Grant Application. #2008-154 – Approving Contract for Affordable Housing Market Study CDBG 07-PP-021 with The Schemmer Associates, Inc. of Omaha, Nebraska in an Amount not to exceed $37,500.00. #2008-155 – Approving Contract for Housing Management and Lead Based Paint Services CDBG 07-CR-002 with Community Development Services, LLC of Plainview, Nebraska in an Amount not to exceed $25,992.00. #2008-156 – Approving Acquisition of Right-of-Way at the Southeast Corner of Old Potash Highway and North Road (Greg Baxter). This item was pulled from the agenda at the request of Greg Baxter. #2008-157 – Approving Creation of Business Improvement District #7 and Initial Board, South Locust Street from Stolley park Road to Highway 34. Page 4, City Council Regular Meeting, June 10, 2008 #2008-158 – Approving Contract for Annual City Audit with Almquist, Maltzan, Galloway & Luth of Grand Island, Nebraska in an Amount of $312,000.00 for fiscal years ending September 30, 2008 – 2012. RESOLUTIONS: #2008-159 – Consideration of Request from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class “C” Liquor License and Liquor Manager Request from Sarah Spencer, 1823 West 3rd Street. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Motion by Meyer, second by Nie mann to approve Resolution #2008-159 contingent upon final inspections and with the restriction there be no involvement of any kind by John Spencer. Upon roll call vote, all voted aye. Motion adopted. #2008-160 – Consideration of Request from Gibby’s, Inc. dba Gibby’s Pool Hall, 807 West 4th Street for an Addition to Class “C-35854” Liquor License. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Motion by Brown, second by Haase to approve Resolution #2008-160 contingent upon final inspections. Upon roll call vote, all voted aye. Motion adopted. #2008-161 – Consideration of Proposing a Ballot Measure to Prohibit the Addition of Fluoride to the City Water System. City Administrator Jeff Pederson reported that Nebraska State Statutes Section 71-3305 required all cities with a population of one thousand or more to add fluoride to their city water systems by June 1, 2010. Capital cost to install a fluoride system was estimated at $120,000.00. Mr. Pederson stated placing the issue before the public on the November ballot would allow for the voters to make a determination on the issue. The following people spoke: Mike McDermott, 1603 Gretchen Avenue – supported a vote to the people Chuck Carpenter, 3211 West 18th Street – supported a vote to the people Jane Miller, 223 Lakeside Drive – supported fluoridation Maria Hines, 1115 West John – supported fluoridation Teresa Anderson, Health Department Director ceded her time to speak to Dr. Jessica Meeske, DDS, 2414 West Faidley Avenue – spoke in favor of fluoridation Discussion was held concerning health care experts support of fluoridation. Questions were answered by Dr. Meeske concerning the risks of using fluoride Dr. Meeske commented on dental fluoresces. Comments were made on over fluoridation of parts per million. Motion by Carney, second by Gericke to approve Resolution #2008-161. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Gericke, Nickerson, Haase, and Brown voted aye. Councilmember’s Ramsey, Gilbert, and Zapata voted no. Motion adopted. Page 5, City Council Regular Meeting, June 10, 2008 PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of May 28, 2008 through June 10, 2008, for a total amount of $1,978,436.32. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of June 17, 2008 City Council Study Session Tuesday, June 24, 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 STUDY SESSION June 17, 2008 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on June 17, 2008. Notice of the meeting was given in the Grand Island Independent on June 11, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Haase, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Brown and Zapata were absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Public Works Director Steve Riehle, and Finance Director David Springer. INVOCATION was given by Pastor Keith Davis, New Life Community Church, 301 West 2nd Street followed by the PLEDGE OF ALLEGIANCE. Finance Director David Springer commented on the 2008/2009 budget process. Re view 2008/2009 Fee Schedule. David Springer, Finance Director reviewed the General Fund Cash Reserves which had annually averaged a decrease of $2.5 million since 2004. Compared were General Fund revenues vs. expenses along with General Fund personnel expenses. Capital projects expenses were compared to General fund transfers. The following breakdown for the 2008/2009 Budgeted General Fund Appropriations was presented: · 49% Public Safety · 19% Public Works · 16% Environment & Leisure · 10% General Government · 6% Non-Department Reviewed were changes to the Fee Schedule for 2008/2009. Discussion was held concerning Humane Society fees for un-neutered/un-spayed pet license fee being too high. City Attorney Dale Shotkoski commented the Animal Advisory board suggested the fees with council approval. Question was asked by council why the Heartland Public Shooting Park Adult Sporting Clays per round had decreased. Steve Paustian, Parks & Recreation Director stated to be comparable to other parks this fee was too high and the theory was to increase the number of shooters. Towing fees were discussed, with Police Chief Steve Lamken explaining the administrative and towing fees. Steve Reihle, Public Works Department commented on the Waste Water Treatment Plant fees. Page 2, City Council Study Session, June 17, 2008 Review of 2008/2009 Full Time Equivalent’s (FTE) Requests: David Springer, Finance Director reported the original FTE requests from all departments were 23.500 but were pared to only those that were critical or economically justifiable. 3.75 FTE’s were proposed with a net of $113,000 in the General Fund. (See attached summary of FTE requests.) Discussion was held regarding volunteer help at the Library. Steve Fosselman, Library Director commented they had been working with the RSVP agency which was a limited but valuable service. Mr. Fosselman explained the need for the 2.000 increase request in FTE’s. Total employees were 32 with FTE’s equaling 27.348. Also explained was the teen program. Jon Rosenlund, Emergency Management Director explained the need for the additional Communications Specialist. Steve Lamken, Police Chief explained the change in the Evidence Technician and Custodian positions. Gary Mader, Utilities Director explained the need of a Lineman Apprentice position, which was not one of the 3.75 proposed. Mr. Springer answered the question of how to balance the 2008/2009 budget. Property tax increase was inevitable or a cut in services. City Administrator Jeff Pedersen commented this budget was submitted without any significant decreases in services. Mr. Springer stated a 1 cent increase would create $23,000 with a 4 cent increase creating approximately $1 million. Council recessed at 8:10 p.m. and reconvened at 8:20 p.m. Review of 2008/2009 Outside Agencies Funding Requests: David Springer, Finance Director reported Outside Agencies were contacted to submit their requests for the 2008/2009 fiscal year. (See attached summary of Outside Agency’s requests.) Comments were made by councilmember’s regarding funding these agencies with taxpayer’s money. Odalys Perez and Paul Briseno representing the Multicultural Coalition explained the matching funds required for this agency to exist. Pat Langer, President of United Way commented on the number of agencies who provide services to Grand Island. The fo llowing people reported on the services provided to the City of Grand Island : · Shellie Pointer, Crisis Center Director · Barb Ernst, Hope Harbor Executive Director · Jeri Garroutte, Senior Center Industry Board representative · LaDonna Cords, RSVP Program · John Meister, Grand Island Izaak Walton Paul Briseno, Assistant to the City Administrator commented on the current status of the Household Hazardous Waste facility. When this facility is complete there would not be a need to fund the Clean Community Systems. Steve Riehle, Public Works Director commented on the $20,000 budgeted for the Clean Community Systems. Page 3, City Council Study Session, June 17, 2008 Mr. Springer stated Outside Agencies would be brought back to Council for a vote at the June 24, 2008 meeting. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. RaNae Edwards City Clerk Page 4, City Council Study Session, June 17, 2008 SUMMARY OF REQUESTED FTE'S, FISCAL YEAR 2008-2009 ( Five Year Financial Impact ) PERSONAL COST Dept FTE Changes 2009-10 20010-11 2011-12 2012-13 No. Department Name Requested Estimate Estimate Estimate Estimate GENERAL GOVERNMENT 114 Finance Less: Meter Reader - Part Time (0.500) ($15,475) ($15,939) ($16,417) ($16,910) ($17,417) PUBLIC SAFETY 223 Police Evidence Technician - Old rate & scale (1.000) ($41,861) ($43,117) ($44,410) ($45,743) ($47,115) Evidence Technician - New rate & scale 1.000 $44,989 $46,339 $47,729 $49,161 $50,636 Custodian 1.250 $28,292 $29,141 $30,015 $30,915 $31,843 Total Police Services 1.250 $31,420 $32,363 $33,333 $34,333 $35,363 226 Emergency Management Communications Specialist 1.000 $48,657 $50,117 $51,620 $53,169 $54,764 COMMUNITY ENVIRONMENT & LEISURE 443 Library Assistant Library Director 1.000 $81,590 $84,038 $86,559 $89,156 $91,830 Librarian II (1.000) ($76,094) ($78,377) ($80,728) ($83,150) ($85,644) Library Assistant I - Part Time 1.000 $25,641 $26,410 $27,203 $28,019 $28,859 Library Page - Part Time 1.000 $17,261 $17,779 $18,312 $18,862 $19,427 Total Library Services 2.000 $48,398 $49,850 $51,345 $52,886 $54,472 PROPERTY TAX REQUIREMENT GENERAL GOVERNMENT (0.500) ($15,475) ($15,939) ($16,417) ($16,910) ($17,417) PUBLIC SAFETY 2.250 $80,077 $82,479 $84,954 $87,502 $90,127 COMMUNITY ENVIRONMENT & LEISURE 2.000 $48,398 $49,850 $51,345 $52,886 $54,472 GENERAL FUND PROPERTY TAX REQUIREMENT 3.750 $113,000 $116,390 $119,882 $123,478 $127,182 = = = = = TOTAL CITY 3.750 $113,000 $116,390 $119,882 $123,478 $127,182 Page 5, City Council Study Session, June 17, 2008 OUTSIDE AGENCIES 2008/2009 2006 2007 2008 2009 STAFF ORGANIZATION FUNDED FUNDED FUNDED REQUESTED RECOMMEND Hope Harbor $ 4,500 $ 4,500 $ 4,500 $ 5,000 $ 4,500 Convention and Visitors Bureau $ 10,000 $ 10,000 $ 10,000 $ 15,000 $ 10,000 Council for International Visitors $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 Crisis Center $ 12,000 $ 12,000 $ 12,000 $ 13,000 $ 12,000 G. I. Dive and Rescue Team - Trailer $ 2,000 $ 2,000 $ - $ - $ - Retired and Senior Volunteer Program (RSVP) $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Senior Citizens Industries, Inc. $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 Multicultural Coalition $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Fishing Derby $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 Central Nebraska Ethnic Festival (Some in kind, postage, etc.) $ 900 Totals $ 66,500 $ 66,500 $ 65,400 $ 71,000 $ 65,400 AGENCIES WITH WORKING RELATIONSHIPS WITH CITY DEPARTMENTS 2006 2007 2008 2009 STAFF ORGANIZATION FUNDED FUNDED FUNDED REQUESTED RECOMMEND Central Nebraska Health Department $ 135,000 $ 125,000 $ 120,000 $ 120,000 $ 120,000 Clean Community Systems $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Totals $ 155,000 $ 145,000 $ 140,000 $ 140,000 $ 140,000 TOTAL OUTSIDE AGENCIES $ 221,500 $ 211,500 $ 205,400 $ 211,000 $ 205,400 Item G3 Approving Re-Appointments of Lisa Crumrine and Steven Beck to the Community Development Advisory Board The Mayor has submitted the re-appointments of Lisa Crumrine and Steven Beck to the Community Development Advisory Board. These appointments would become effective July 1, 2008 upon approval by City Council and would expire on June 30, 2011. Approval is recommended. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G4 Approving Appointments of Michelle Oldham and Kristine McElligott and Re-Appointment of Lori Hock to the Library Board The Mayor has submitted the appointments of Michelle Oldham and Kristine McElligott and the re-appointment of Lori Hock to the Community Development Advisory Board. These appointments would become effective July 1, 2008 upon approval by City Council and would expire on June 30, 2012. Approval is recommended. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 #2008-162 - Approving Final Plat and Subdivision Agreement for Grand Island Mall Fifteenth Subdivision Tuesday, June 24, 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: June 24, 2008 Subject: Grand Island Mall Fifteenth Subdivision – Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Grand Island Mall Fifteenth Subdivision, West of Webb Rd and South of Capital Ave, a tract of land comprising all of Lot One (1). Grand Island Mall Eighth Subdivision, in the city of Grand Island, Hall County, Nebraska. Discussion At the regular meeting of the Regional Planning Commission, held June 4th, 2008, the above item was considered following a public hearing. Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. John McDermott, attorney for Gordman Properties LLC., had objections that the new proposed building would balkanize the existing property and impair the sightlines to the Gordman property located immediately north of the Grand Island Mall. His major concern was with the apparent lack of coherent development at the Grand Island Mall location and the sight lines to the Gordman property. Dawn Nowka, Vice President of the Grand Island Mall spoke in favor for adding the new proposed building. Currently there are outlots already created, there is a strip mall center and Burger King to the North and to the South there is Video Kingdom. None of these currently hinder the sightline. The current proposed building would take up just a portion of the front section, not all the frontage would be used for this project. A roll call vote was taken and the motion passed with seven members present six voting in favor (Ruge, Hayes, Monter, Haskins, Bredthauer, Snodgrass) one member abstaining (O’Neill). 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 subdivision as presented. Sample Motion Move to approve as recommended. Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-162 WHEREAS, Grand Island Mall, LTD, a Nebraska Limited Partnership, as owner, has caused to be laid out into lots, a tract of land comprising all of Lot One (1), Grand Island Mall Eighth Subdivision, in the city of Grand Island, Hall County, Nebraska, under the name of GRAND ISLAND MALL FIFTEENTH SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of GRAND ISLAND MALL FIFTEENTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2008-163 - Approving Final Plat and Subdivision Agreement for La Luc Subdivision Tuesday, June 24, 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: June 24, 2008 Subject: La Luc Subdivision – Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background La Luc Subdivision is tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section Four (4), Township Eleven (11), North Range Nine (9), in Grand Island, Hall County, Nebraska. This is located north of Capital Avenue and east of Ashley Park. The property is zoned B2 General Business. Sewer and Water are available to the property. Discussion A roll call vote was taken and the motion passed with seven members present (O’Neill, Ruge, Hayes, Monter, Haskins, Bredthauer, 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 subdivision as presented. Sample Motion Move to approve as recommended. Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-163 WHEREAS, Jose O. Garcia and Florencia O. Garcia, Husband and Wife, as owners, have caused to be laid out into lots, a tract of land comprising and a part of the Southeast Quarter of the Southwest Quarter (SE¼ SW¼) of Section Four (24), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, under the name of LA LUC SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LA LUC SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2008-164 - Approving the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing Item E-8. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Dehn Renter, Chairman City of Grand Island City Council Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-164 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on June 24, 2008; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-165 - Approving Certificate of Final Completion for Campground Potable Water System at Heartland Public Shooting Park Tuesday, June 24, 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: June 24, 2008 Subject: Certificate of Final Completion-Campground Potable Water System at Heartland Public Shooting Park Item #’s: G-8 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Island Plumbing on May 20, 2008 to construct a potable water system for the campground at the Heartland Public Shooting Park (HPSP). Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. 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 certificate of final completion and make final payment to Island Plumbing in the amount of $25,000.00. Sample Motion Move to close out the contract with Island Plumbing for the construction of the campground potable water system and pay a final amount of $25,000.00. Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-165 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Campground Potable Water System at the Heartland Public Shooting Park, certifying that Island Plumbing Company, Inc. of Grand Island, Nebraska, under contract dated May 20, 2008 with the scope of the project decreasing by $4,121.00 as per change order #1, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Campground Potable Water System at Heartland Public Shooting Park is hereby confirmed. 2. That a warrant be issued from Account No. 40044450-90026 in the total amount of $25,000.00 payable to Island Plumbing Company, Inc. for the final amount due the contractor - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2008-166 - Approving Obligation of Revolving Loan Funds for Environmental Review Update at Cornhusker Industrial Park Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: jonik City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: June 24, 2008 Subject: Approving Obligation of Revolving Loan funds for Environmental Review Update at Cornhusker Industrial Park Item #’s: G-9 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island maintains a revolving loan fund comprised of recaptured monies from Community Development Block Grant (CDBG) Economic Development loans. The Community Development Division manages the funds and submits semi- annual program income reports to the Nebraska Department of Economic Development regarding the fund status and projects proposed and/or completed. In the past, recaptured funds were allowed to accrue with interest and to be used, as needed, for qualified projects. The City adopted a CDBG Reuse Plan in June 1994 and is the guideline for qualifying projects. In 2006, the state implemented a policy that requires local government to return all but $25,000 of program income to the state if it ha s not been used in a two-year period. In this case, the period is from June 30, 2006 to June 30, 2008. The City last expended Revolving Loan funds in January 2006. The December 2007 semi-annual program income report showed an account balance of $37,775.87. Of that amount, at least $12,775.87 must be obligated prior to June 30, 2008 to maintain an active program income community status. The Grand Island Area Economic Development Corporation has submitted a pre- application to the City requesting $43,750.00 to update a previously completed Environmental Review for the Cornhusker Industrial Park (CAAP). This review would also include an analysis of the existing water system and options for sanitary sewer. Council action is required to obligate revolving loan funds to this project. Discussion Revolving loan funds must: 1. Be used for Economic Development. The Cornhusker Industrial Park is targeted for business and industrial development. 2. Meet a National Objective as identified by the Department of Economic Development. This project meets the National Objective of “aiding in the prevention or elimination of slums or blight.” 3. Be located in a qualifying area. This project is not within the city limits of Grand Island. However, the City will seek an interlocal agreement with Hall County to be able to expend the funds in their jurisdiction. The Cornhusker Industrial Park would be in a qualifying area with an interlocal agreement. . Additional revolving loan funds have been received since the December 2007 report was submitted to the Department of Economic Development and will be available for this project. If Council approves the proposed obligation, the reuse committee will review the pre-application, collect information for a full application, and make a recommendation to the Council for final approval. At that time, a public hearing will be held and Council requested to approve the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the obligation of Revolving Loan funds to the proposed project contingent on completion of applicable requirements outlined in the Reuse Plan 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 obligation of Revolving Loan funds to the proposed project contingent on completion of applicable requirements outlined in the Reuse Plan Sample Motion Move to approve the obligation of Revolving Loan funds to the proposed project contingent on completion of applicable requirements outlined in the Reuse Plan. Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-166 WHEREAS, the City of Grand Island maintains a Revolving Loan Fund of recaptured Community Development Block Grant (CDBG) Economic Development grant monies; and WHEREAS, a request has been made from the Grand Island Area Economic Development Corporation for use of the funds to update a previously completed environmental review at the Cornhusker Industrial Park (CAAP); and WHEREAS, revolving loan funds must be obligated prior to June 30, 2008 or all but $25,000 returned to the Nebraska Department of Economic Development; and WHEREAS, the proposed project is an eligible use according to the 1994 City Reuse Plan and jurisdictional requirements can be met through an interlocal agreement with Hall County to expend funds in their jurisdiction; and WHEREAS, Council action is required to obligate revolving loan funds to this project to meet the June 30, 2008 reuse deadline. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island obligates reuse funds for the purpose of an environmental review update at the Cornhusker Industrial Park (CAAP) contingent on a review of the final application, a recommendation from the reuse committee, completion of an interlocal agreement with Hall County, compliance with the reuse plan and any amendments thereto, and a public hearing prior to final approval. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-167 - Approving Bid Award for Sludge Dewatering Polymer for Belt Filter Presses at the Waste Water Treatment Plant Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 24, 2008 Subject: Approving Bid Award for Sludge Dewatering Polymer for Belt Filter Presses at the Waste Water Treatment Plant Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background The City of Grand Island, Waste Water Division opened invitations to formal bids to supply Polymer for use in the sludge dewatering process on March 3, 2008. The three responding suppliers were selected to provide polymer and conduct onsite adjustments to make-up equipment and process equipment for optimal performance testing at the facility, listed are: 1. Consolidated Equipment Co., Product Ashland K148L, Week of April 14th 2. SNF Polydyne, Inc., Product Clarifoc 1195, Week of March 10th 3. Nalco Company, Product Nalco 71300, Week of March 24th An Operational meeting on May8, 2008 opened with discussion centered on the supplier polymer testing that has taken place to date and the performance of the various polymers. Consensus of the City of Grand Island personnel at the meeting is that the polymer selection and the optimal performance setup have been achieved. The finalized polymer performance and cost calculations were complete on May 30, 2008. Discussion Historically documented, Ashland polymer provides a quality performance characteristic that meets a broad range of flexibility in Belt Filter Press sludge dewatering. The other tested products, Nalco and Polydyne both showed acceptable performance results. The average tested polymer cost per dry ton of solids processed during the testing period is as follows: 1. Ashland K148L: $ 34.20 2. Polydyne 1195: $ 32.28 3. Nalco 71300: $ 25.19 It is the recommendation of staff at the Waste Water Facility to offer an agreement for the supply of Nalco 71300 Polymer to Nalco Company, of Naperville, Illinois for use in the belt filter press sludge dewatering process as the best value per dry ton of solids processed for remaining fiscal year 2007/2008, with continued resolution for fiscal year 2008/2009 with satisfactory performance documented in the outcome of fiscal year 2007/2008 results. The staff also recommends an annual expenditure based on firm unit prices with Consolidated Equipment Company, of Omaha, Nebraska for Ashland K148L to be retained in the belt filter press sludge dewatering process at the discretion of operations as a secondary alternate because this polymer provided the widest range of flexibility when loadings at the Waste Water Treatment Plant were high. 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 for NALCO 71300 polymer and an annual expenditure with Consolidated Equipment Company. Sample Motion Move to approve the bid award for NALCO 71300 polymer and an annual expenditure with Consolidated Equipment Company. 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: March 3, 2008 at 11:00 a.m. FOR: Sludge Dewatering Polymer DEPARTMENT: Public Works ESTIMATE: $392,200.00 Current Fiscal Year $647,130.00 Next Fiscal Year FUND/ACCOUNT: 53030052-85535 PUBLICATION DATE: February 15, 2008 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Nalco Company Consolidated Equipment Co. Naperville, IL Omaha, NE Exceptions: Noted None Bid Price: $263,213.16 (2008) $361,065.60 (2008) $414,604.98 (2009) $586,675.20 (2009) Bidder: SNF Polydyne, Inc. Water Solve, LLC Riceboro, GA Grand Rapids, MI Exceptions: Noted Noted Bid Price: $258,704.00 (2008) $355,591.20 (2008) $388,056.00 (2009) $533,386.80 (2009) cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ben Thayer, WWTP Superintendent Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1233 Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney RESOLUTION 2008-167 THAT WHEREAS, Advertisement to Bidders for Sludge Dewatering Polymer was published in the Grand Island Daily Independent on February 15, 2008; and WHEREAS, the City of Grand Island, Public Works Department, Waste Water Division has concluded testing of proposed Sludge Dewatering Polymer for the Belt Filter Press process; and WHEREAS, Consolidated Equipment Company, of Omaha, Nebraska being the supplier of a manufactured liquid polymer, such being labeled Ashland K148L; and WHEREAS, Consolidated Equipment Company, of Omaha, Nebraska has shown best performance range, historically and in testing of foresaid polymer in the Belt Filter Press facility based on variable ranges of solids processed; and WHEREAS, Nalco Company, of Naperville, Illinois being the supplier of a manufactured liquid polymer, such being labeled Nalco 71300; and WHEREAS, Nalco Company, of Naperville, Illinois has shown best value in testing of foresaid proposed polymer in the Belt Filter Press facility based on cost per ton of solids processed; and WHEREAS, Nalco Company, of Naperville, Illinois in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein for supply of a manufactured liquid polymer product, such being in the amount of $ 0.99 per pound for current fiscal year thru 30 September 2008; and WHEREAS, Nalco Company, of Naperville, Illinois in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein for supply of a manufactured liquid polymer product, such being in the amount of $ 1.04 per pound for fiscal year 1 October 2008 thru 30 September 2009; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the supply of a manufactured polymer; Nalco 71300, in the amount of $ 0.99 per pound for current fiscal year and $1.04 per pound for next fiscal year for supply and services in Sludge Dewatering Polymer for the Belt Filter Press process is hereby approved as the primary manufactured liquid polymer proposed for the best value per ton of solids processed; and NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the supply of a manufactured liquid polymer; Ashland K148L in the annual expenditure amount of $63,000.00 for current fiscal year thru 30 September 2008; and in the annual expenditure amount of $ 100,000.00 for fiscal year 1 October 2008 thru 30 September 2009 for supply Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney and services in Sludge Dewatering Polymer for the Belt Filter Press process is hereby approved as a secondary manufactured liquid polymer proven in solids processing; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a non-inclusive agreement for such proposed Sludge Dewatering Polymer for the Belt Filter Press process on behalf of the City of Grand Island with Nalco Company, of Naperville, Illinois as the primary supplier. BE IT FURTHER RESOLVED, that an annual expenditure with Consolidated Equipment Company is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item G11 #2008-168 - Approving Proposal for Professional Services for the Supervisory Control and Data Acquisition System (SCADA) at the Waste Water Treatment Plant Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 24, 2008 Subject: Approving Proposal for Professional Services for the Supervisory Control and Data Acquisition System (SCADA) at the Waste Water Treatment Plant Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background The Waste Water Division of the Public Works Department advertised on May 8, 2008 for proposals for professional services to perform the evaluation and recommendation, design, installation and integration of a Supervisory Control and Data Acquisition System (SCADA) at the Waste Water Treatment Plant. Discussion The RFP was sent to 12 potential firms, with one proposal being received, opened and reviewed by the City of Grand Island’s Waste Water Division and Purchasing Division on May 28, 2008. Huffman Engineering Inc. of Lincoln, Nebraska submitted the sole proposal in accordance with the required criteria. The work to be performed at actual costs wit h a maximum is as follows: Fiscal Year 2007/2008 Evaluation and Recommendation $ 25,595.00 Design $ 47,820.00 Fiscal Year 2008/2009 Installation and integration $163,775.00 Training $ 4,690.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the award of the proposal to Huffman Engineering Inc. of Lincoln, Nebraska. Sample Motion Move to approve the award of the proposal to Huffman Engineering Inc. of Lincoln, Nebraska. 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 24 day of June 2008, by and between Huffman Engineering Inc, of Lincoln, Nebraska hereinafter called the Consultant, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, the City of Grand Island invited proposals for Professional Services for the Evaluation and Recommendation, Design, Installation and Integration of a Supervisory Control and Data Acquisition (SCADA) System at the Waste Water Treatment Plant , according to Request for Proposal on file with the City Clerk; and WHEREAS, the payment for work to be performed in a future fiscal year is subject to availability and appropriation of funds therefore by the City Council. NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Consultant for itself, himself, or themselves, and its, his (hers), or their successors, as follows: ARTICLE I. That the Consultant 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 proposal as listed in the attached Professional Services for the Evaluation and Recommendation, Design, Installation and Integration of a Supervisory Control and Data Acquisition (SCADA) System – Technical Qualifications, Dated May 28, 2008 as submitted by the consultant and in the attached Professional Services Compensation Form, Dated May 28, 2008 as Submitted by the Consultant; said documents forming the agreement 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 agreement to the said Consultant, such award being based on the acceptance by the City of the Consultant's proposal; ARTICLE II. That the City shall pay to the consultant for the performance of the work embraced in this agreement and the consultant will accept as full compensation therefore the sum (subject to; not to exceed line items limits as provided by the agreement) of Two hundred forty one thousand eight hundred eighty dollars & zero cents Dollars $ 241,880.00 for all services, materials, and work covered by and included in the agreement award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the agreement. ARTICLE III. The consultant 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 consultant 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 consultant. 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 consultant's name as agent for the 2 City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of Professional Services for the Evaluation and Recommendation, Design, Installation and Grand Island Wastewater Treatment Plant PROFESSIONAL SERVICES AGREEMENT (Continued) Integration of a Supervisory Control and Data Acquisition System (SCADA) at the Wastewater Treatment Plant for the City of Grand Island, Nebraska. ARTICLE IV. That the contractor shall start work as soon as possible after the agreement is signed. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this agreement 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 agreement, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VI. 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 or order. IN WITNESS WHEREOF, the parties hereto have executed this Professional Servic es Agreement as of the date and year first above written. Consultant: Huffman Engineering Inc, of Lincoln, Nebraska By Title 3 Grand Island Wastewater Treatment Plant PROFESSIONAL SERVICES AGREEMENT (Continued) CITY OF GRAND ISLAND, NEBRASKA, By Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk The contract is in due form according to law and is hereby approved. Wesley D. Nespor, Assistant City Attorney Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES FOR EVALUATION, RECOMMENDATION, DESIGN, INSTALLATION AND INTEGRATION OF A SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM RFP DUE DATE: May 28, 2008 DEPARTMENT: Public Works PUBLICATION DATE: May 8, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY OF PROPOSALS RECEIVED Huffman Engineering, Inc. Lincoln, NE cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Roger Scott, WWTP Engineer P1256 Approved as to Form¤ ___________ June 20, 2008¤ City Attorney RESOLUTION 2008-168 THAT, WHEREAS, the City of Grand Island invited proposals for Professional Services for the Evaluation and Recommendation, Design, Installation and Integration of a Supervisory Control and Data Acquisition System (SCADA) at the Wastewater Treatment Plant , according to the Request for Proposal on file with the City Clerk; and WHEREAS, advertisement for Request for Proposal was published in the Grand Island Daily Independent on May 8, 2008; and WHEREAS, on May 28, 2008, Request for Proposals were received, opened and reviewed; and WHEREAS, Huffman Engineering Inc, of Lincoln, Nebraska, submitted a proposal in accordance with the terms of the advertisement of Request for Proposals and all other statutory requirements contained therein, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined that the aforesaid Consultant submitted the best proposal based on the evaluation criteria listed in the Request For Proposals, and has duly awarded to the said Consultant a contract therefore, for the sum or sums named in the Professional Services Compensation Form Submitted by the Consultant; and WHEREAS, in consideration of the compensation to be paid to the Consultant and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Consultant for itself, himself/herself, or themselves, and its, his (hers), or their successors, as follows: Fiscal Year 2007/2008 Evaluation and Recommendation $ 25,595.00 Design $ 47,820.00 Fiscal Year 2008/2009 Installation and Integration $ 163,775.00 Training $ 4,690.00 WHEREAS, the sum of the Professional Services Compensation Fee for project is below the estimate of such project; and WHEREAS, the payment for contract work to be performed in a future fiscal year is subject to availability and appropriation of funds therefore by the City Council. Approved as to Form¤ ___________ June 20, 2008¤ City Attorney WHEREAS, such fee for Professional Services Compensation is reasonable and acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Huffman Engineering Inc, of Lincoln, Nebraska, in the amount of $241,880.00 with fiscal year separation for Professional Services for the Evaluation and Recommendation, Design, Installation and Integration of a Supervisory Control and Data Acquisition System (SCADA) at the Wastewater Treatment Plant is hereby approved as the lowest responsible proposal. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item G12 #2008-169 - Approving 2008/2009 Fee Schedule Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: June 24, 2008 Subject: Approve 2008-2009 Fee Schedule Item #’s: G-12 Presenter(s): Dave Springer, Finance Director Background At the June 17, 2008 council study session, proposed changes to the Fee Schedule for 2008-2009 were reviewed and discussed. Questions were asked, explanations made, and the schedule is presented to council this evening for formal approval or modification as it chooses. Discussion Nearly all changes are increases due to cost pressures, corrections, or deletions of fees no longer needed. No fees were changed from the study session presentation last week. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for requested Fee Schedule changes. 2. Modify the request to meet the policy direction of the Council. Recommendation City Administration recommends that the City Council approve the Fee Schedule. Sample Motion Move to approve the Fee Schedule for 2008-2009. Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-169 WHEREAS, the 2008/2009 budget process requires an update of the Fee Schedule for numerous services that the City provides; and WHEREAS, the City Council has reviewed proposed changes with city staff at a study session; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2008/2009 proposed Fee Schedule be accepted and incorporated into that year’s budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-170 - Approving 2008/2009 FTE’s Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: June 24, 2008 Subject: Approve 2008-2009 FTE Requests Item #’s: G-13 Presenter(s): Dave Springer, Finance Director Background At the June 17 council study session, staff presented departmental requests for additional personnel or Full Time Equivalents (FTE). Justifications were presented by staff and cost concerns were expressed by council, but no clear consensus was reached. Discussion The reclassification of the Evidence Technician can be effected through future job comparability surveys and has been removed. The Custodian is a trade-off with currently contracted dollars. The Communications Specialist is deemed a critical position with call growth and is coupled with overtime reduction. The Assistant Library Director has been in the salary ordinance a number of years and has been the career path for someone who attained the education requirement. The Librarian II will receive a Masters degree in December. The dollar impact has been reduced by a quarter to reflect that. The Library Assistants and Pages are part time without pension and health benefits. The attached summary reflects the changes detailed above. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for requested FTEs. 2. Modify the request to meet the policy direction of the Council. 3. Postpone the issue to a future date. Recommendation City Administration recommends that the City Council approve the FTE requests as presented for incorporation into the final budget. Sample Motion Move to approve the FTE requests for incorporation into the 2008-2009 budget. SUMMARY OF REQUESTED FTE'S, FISCAL YEAR 2008-2009 ( Five Year Financial Impact ) PERSONAL COST Dept FTE Changes 2009-10 20010-11 2011-12 2012-13 No.Department Name Requested Estimate Estimate Estimate Estimate GENERAL GOVERNMENT 114 Finance Less: Meter Reader - Part Time (0.500)($15,475)($15,939)($16,417)($16,910)($17,417) PUBLIC SAFETY 223 Police Custodian 1.250 $28,292 $29,141 $30,015 $30,915 $31,843 Total Police Services 1.250 $28,292 $29,141 $30,015 $30,915 $31,843 226 Emergency Management Communications Specialist 1.000 $48,657 $50,117 $51,620 $53,169 $54,764 COMMUNITY ENVIRONMENT & LEISURE 443 Library Assistant Library Director (Jan 1, 2009)1.000 $63,029 $84,038 $86,559 $89,156 $91,831 Librarian II (1.000)($58,783)($78,377)($80,728)($83,150)($85,645) Library Assistant I - Part Time 1.000 $25,641 $26,410 $27,203 $28,019 $28,859 Library Page - Part Time 1.000 $17,261 $17,779 $18,312 $18,862 $19,427 Total Library Services 2.000 $47,148 $49,850 $51,346 $52,886 $54,473 PROPERTY TAX REQUIREMENT GENERAL GOVERNMENT (0.500)($15,475)($15,939)($16,417)($16,910)($17,417) PUBLIC SAFETY 2.250 $76,949 $79,257 $81,635 $84,084 $86,607 COMMUNITY ENVIRONMENT & LEISURE 2.000 $47,148 $49,850 $51,346 $52,886 $54,473 GENERAL FUND PROPERTY TAX REQUIREMENT3.750 $108,622 $113,168 $116,563 $120,060 $123,662 =============================================== TOTAL CITY 3.750 $108,622 $113,168 $116,563 $120,060 $123,662 Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-170 WHEREAS, the 2008/2009 budget process requires a projection of the personnel costs; and WHEREAS, because of the city’s growth and expansion of city services and operations, additional staffing is necessary; and WHEREAS, the net result would be an increase of 3.75 Full Time Equivalent Employees (FTE) and $108,622.00 in the general fund and the same city wide. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2008/2009 proposed budget be prepared to include the 3.75 FTE’s and $108,622.00 in the general fund and the same city wide. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2008-171 - Approving 2008/2009 Outside Agencies Funding Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: June 24, 2008 Subject: Approve 2008-2009 Funding for Outside Agencies Item #’s: G-14 Presenter(s): Dave Springer, Finance Director Background At the June 17, 2008 study session, the funding for Outside Agencies was discussed. In order to get another piece of the budget process completed, staff is presenting its recommendation for council to enact or modify as it chooses. Discussion No change was indicated by council from the funding levels of last year. Agencies that the City has contracts and working relations with are recommended for the same dollars as last year also. The Humane Society is deleted as those requirements will be treated in the future as contracted services and vendor selection handled through the Request For Proposal process. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for Outside Agency funding. 2. Modify the request to meet the policy direction of the Council. 3. Postpone the issue to a future date. Recommendation City Administration recommends approval of the funding as presented. Sample Motion Move to approve the Outside Agency funding for incorporation into the 2008-2009 budget. OUTSIDE AGENCY FUNDING 2005 2006 2007 2008 2009 STAFF ORGANIZATION FUNDED FUNDED FUNDED FUNDED REQUESTED RECOMMEND Hope Harbor 4,500$ 4,500$ 4,500$ 4,500$ 5,000$ 4,500$ Convention and Visitors Bureau 10,000$ 10,000$ 10,000$ 10,000$ 15,000$ 10,000$ Council for International Visitors 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ Crisis Center 12,000$ 12,000$ 12,000$ 12,000$ 13,000$ 12,000$ G. I. Dive and Rescue Team - Trailer -$ 2,000$ 2,000$ -$ -$ -$ Retired and Senior Volunteer Program (RSVP)10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ Senior Citizens Industries, Inc.15,000$ 15,000$ 15,000$ 15,000$ 15,000$ 15,000$ Multicultural Coalition 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ Fishing Derby 2,000$ 2,000$ 2,000$ 2,000$ 2,000$ 2,000$ Central Nebraska Ethnic Festival (Some in kind, postage, etc.)900$ 450$ 900$ Totals 64,500$ 66,500$ 66,500$ 65,400$ 71,000$ 65,400$ AGENCIES WITH WORKING RELATIONSHIPS WITH CITY DEPARTMENTS 2005 2006 2007 2008 2009 STAFF ORGANIZATION FUNDED FUNDED FUNDED FUNDED REQUESTED RECOMMEND Central Nebraska Health Department 135,000$ 135,000$ 125,000$ 120,000$ 120,000$ 120,000$ Clean Community Systems 20,000$ 20,000$ 20,000$ 20,000$ 20,000$ 20,000$ Totals 155,000$ 155,000$ 145,000$ 140,000$ 140,000$ 140,000$ TOTAL OUTSIDE AGENCIES 219,500$ 221,500$ 211,500$ 205,400$ 211,000$ 205,400$ Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-171 WHEREAS, the Mayor and Council have reviewed application materials from the following not for profit entities and determined that each provides services that constitute a legitimate public purpose; and WHEREAS, each entity has agreed to submit an annual audit or accounting reflecting how public funds are being expended to accomplish such public purpose; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that funding is hereby approved for the 2008-2009 budget year to the following agencies in the stated amounts: Central District Health Department $ 120,000 Central Nebraska Ethnic Festival 900 Crisis Center 12,000 Grand Island Area – Clean Community Systems 20,000 Grand Island Area Council for International Visitors 1,000 Grand Island / Hall County Convention and Visitors Bureau 10,000 Grand Island Izaak Walton – Fishing Derby 2,000 Hope Harbor 4,500 Multicultural Coalition 10,000 Retired Senior Volunteer Program 10,000 Senior Citizens Industries, Inc. 15,000 BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contracts with such agencies on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2008-172 - Approving Employee Group Life Insurance Contract Tuesday, June 24, 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: June 24, 2008 Subject: Life Insurance Contract Item #’s: G-15 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island provides its employees with a $50,000 life insurance benefit. The City entered into a contract with Aetna to provide that benefit three years ago. The current contract will expire on September 30 at midnight. The City routinely advertises a request for proposals (RFP) for vendors to provide the benefits offered to City employees. Three years is a normal cycle for most benefit contracts. Discussion The City received proposals from nine different vendors who brought in quotes from nine different companies. The contract that is being presented to Council for approval is being submitted by Aetna, Inc. Aetna is the current vendor for the City’s life insurance benefit and came in with a proposal that provided the lowest cost per thousand with a comprehensive package tha t provides employees with many extra benefits as well. The City will save thirty-eight percent on premiums when the new contract goes into place over today’s current premium. The service that the City has received from Aetna and its local representative, Cal Strong has been outstanding. 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 contract with Aetna, Inc as the vendor for the City’s life insurance benefits. Sample Motion Move to approve the contract with Aetna, Inc as the vendor for the City’s life insurance benefits. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR EMPLOYEE GROUP LIFE INSURANCE PLAN RFP DUE DATE: April 25, 2008 at 3:30 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: March 27, 2008 NO. POTENTIAL BIDDERS: 12 SUMMARY OF PROPOSALS RECEIVED Aetna Gress Insurance & Investments, Inc. Minneapolis, MN Central City, NE (Madison National Life) (Ft. Dearborn) Phares Financial Services Roger Anderson Agency North Platte, NE Kearney, NE (Ft. Dearborn Life Insurance Company) (GMS, Inc.) (Standard Insurance Company) (ING) Mueller Insurance Agency Ronald Shullaw Grand Island NE Grand Island NE (Standard Insurance Company) (Mutual of Omaha) (Fort Dearborn Life) (Principal) Primark, Inc. – JJ Green Ryder, Rosacker, McCue and Huston - Grand Island NE Ryan Hansen (Standard Insurance Company) Grand Island NE (Ft. Dearborn Life Insurance Company) (Madison National Life) (Principal) Strong Financial Resources – Cal Strong, Chad Svoboda Aurora, NE (Standard Insurance Company) (Aetna) (Humana) (Ft. Dearborn) cc: Brenda Sutherland, Human Resources Director Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney P1249 Approved as to Form¤ ___________ June 20, 2008¤ City Attorney RESOLUTION 2008–172 WHEREAS, the City of Grand Island invited proposals for the Employee Group Life Insurance Plan in accordance with a Request for Proposal on file with the Human Resources Department; and WHEREAS, on April 25, 2008, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Aetna, Inc., of Hartford, Connecticut, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being for an annual amount estimated at $42,000 based on the current employee census for life insurance coverage for the employee at $50,000, the employee’s spouse at $10,000 and $5,000 for their eligible children; and WHEREAS, the employee group life insurance premium is dependent on the current employee census which will vary over the life of the plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Aetna, Inc. of Hartford, Connecticut, for an employee group life insurance plan is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2008-173 - Approving Change Order No. 21 with Chief Construction for Law Enforcement Center Tuesday, June 24, 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: June 24, 2008 Subject: Change Order #21, 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 #20 reduced the contingency fund to $22,815.14. Change Order #21 is a request for the removal and relocation of five of the larger trees in the landscaping for a cost of $1,650.00. Discussion Change Order #21 provides for five large trees in the landscaping to be moved from their current location and planted in a new location on the law enforcement center property. It was determined that in time the trees would grow into the electrical transmission lines on Highway 30. Once this occurred the trees would need to be cut down. The change order provides for the use of a tree spade to remove the five trees that are too close to the electrical transmission lines and relocating them to a location with more room. The proposal also provides for the continuation of the warranty on the trees. Accepting the change will leave the contingency funds balance at $21,165.14. A summary of the costs of Change Order #21 are: Remove and relocate five trees - + 1,650.00 Total Cost + 1,650.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order #21. Sample Motion Move to approve Change Order #21 with Chief Construction for the cost of $1,650.00 for the removal and relocation of five trees. Approved as to Form¤ ___________ June 20, 2008¤ City Attorney R E S O L U T I O N 2008–173 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. 20 reduced the amount of the contingency allowance for the project to $22,815.14. WHEREAS, such changes have been incorporated into Change Order No. 21, and will reduce the contingency fund to $21,165.14. 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. 21 for the construction of the Law Enforcement Center to provide the modification set out as follows: Remove and relocate five trees on the property . . . . . . . . . . . . . . . . . . - $1,650.00 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - $1,650.00 Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item H1 Consideration of Request from Mission Nebraska, Inc. for a Conditional Use Permit for Installation of a 40 Foot Tower Located at 3347 West Capital Avenue This item relates to the aforementioned Public Hearing Item E-9. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2008-174 - Consideration of Request from The Cigarette Store Corp. dba Smoker Friendly/T & D Liquors, 802 West 2nd Street for a Class “C” Liquor License and Liquor Manager Request from Megan Kenney, PO Box 131, Phillips, Nebraska This item relates to the aforementioned Public Hearing Item E-1. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-174 WHEREAS, an application was filed by The Cigarette Store Corp., doing business as Smoker Friendly/T & D Liquors, 802 West 2nd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May June 14, 2008; such publication cost being $15.34; and WHEREAS, a public hearing was held on June 24, 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 and with the restriction that no alcohol or beer be sold through the drive-up window. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends approval of Megan Kenney, PO Box 131, Phillips, Nebraska, as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2008-175 - Consideration of Request from B & D Management, Inc. dba Bunkhouse Sports Bar and Grill, 3568 W Old Hwy 30 for an Addition to Class “C-78875” Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-175 WHEREAS, an application was filed by B & D Management, Inc., doing business as Bunkhouse Sports Bar and Grill, 3568 West Old Highway 30 for an addition to their Class "C-78875" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 14, 2008; such publication cost being $14.47; and WHEREAS, a public hearing was held on June 24, 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, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2008-176 - Consideration of Request from Stratford Plaza LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for an Addition to Class “C-65949” Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-176 WHEREAS, an application was filed by Stratford Plaza, LLC, doing business as Howard Johnson Riverside Inn, 3333 Ramada Road for an addition to their Class "C-65949" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 14, 2008; such publication cost being $14.47; and WHEREAS, a public hearing was held on June 24, 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, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2008-177 - Consideration of Request from Balz, Inc. dba Balz Sports Bar, 3421 West State Street for an Addition to Class “C- 39140” Liquor License This item relates to the aforementioned Public Hearing Item E-4. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 20, 2008 ¤ City Attorney R E S O L U T I O N 2008-177 WHEREAS, an application was filed by Balz, Inc., doing business as Balz Sports Bar and Grill, 3421 West State Street for an addition to their Class "C-39140" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 14, 2008; such publication cost being $15.34; and WHEREAS, a public hearing was held on June 24, 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, June 24, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I5 #2008-178 - Consideration of Approving Contract for Animal Control Services Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Administration Meeting: June 24, 2008 Subject: Contract for Animal Control Services. Item #’s: I-5 Presenter(s): Jeff Pederson, City Administrator Background The current five-year contract that the City has for animal control services expires September 30, 2008. On March 21, 2008 a Request for Proposals (RFP) for animal control and sheltering services was advertised in the Grand Island Independent and sent to a number of local animal care providers by the City of Grand Island. Discussion Three (3) proposals were opened on May 30, 2008 and reviewed by an evaluation team consisting of a member from administration, the legal department, and the finance department. Dr. James Kimbrough and Carole Kimbrough doing business as Grand Island Animal Services submitted the proposal that was chosen using evaluation criteria listed in the RFP. The scoring criteria was equally based on relevant experience, ability to perform the services, and cost. The work is to be performed for an annual fee as follows: October 1, 2008 to September 30, 2009 $249,850 October 1, 2009 to September 30, 2010 $249,850 October 1, 2010 to September 30, 2011 $262,343 October 1, 2011 to September 30, 2012 $270,212 October 1, 2012 to September 30, 2013 $278,319 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Move to deny 3. Postpone the issue to future date Recommendation City Administration recommends that the Council approve the award of proposal to Dr. James Kimbrough and Carole Kimbrough DBA Grand Island Animal Services. Sample Motion Move to award the animal control and sheltering contract to Dr. James Kimbrough and Carole Kimbrough DBA Grand Island Animal Services. CONTRACT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made on __________________, 20_____, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as the “City” and GRAND ISLAND ANIMAL SERVICES, DR. JAMES E. KIMBROUGH, AND CAROLE M. KIMBROUGH, hereinafter referred to as the “GIAS ”. 1. STATEMENT OF PURPOSE. The purpose of this Agreement is to set forth the terms and conditions under which the GIAS shall administer and enforce the ordinances of the City pertaining to animals in accordance with the parties’ mutual objectives and principles. 2. GIAS’S DUTIES. In the performance of this Agreement, GIAS shall have the following duties: a. GIAS shall furnish, maintain and operate an animal shelter with a vehicle, equipment, supplies and facilities to be utilized in connection with GIAS’s performance of this Agreement. b. The animal shelter shall remain open during all normal business hours of GIAS which are hereby defined as Monday through Friday from 10:00 a.m. to 5:00 p.m., and Saturday from 9:00 a.m. to Noon, excluding holidays. GIAS shall maintain its business telephone and records at the animal shelter and shall provide all services related to this contract in a courteous and efficient manner. c. GIAS shall maintain equipment and employ staffing sufficient to provide animal control and sheltering services within the city limits of Grand Island consistent with city code and GIAS’s proposal attached hereto and incorporated herein. At least one Animal Control Officer shall be on duty during all business hours of GIAS. An Animal 2 Control Officer shall respond to emergency calls at all times. Emergencies include, but are not limited to, bites, vicious strays, injured animals, assisting police and fire department personnel, cruelty cases, and suspected rabies cases. The name and telephone number of on-call officers shall be maintained with the Grand Island Emergency Center. GIAS shall employ the appropriate support and supervisory staff for the Animal Control Officers, including kennel workers, veterinarian or veterinary technician, and a manager. GIAS shall notify the City any time that the staffing requirements of this contract are not met. If staffing is not maintained at sufficient levels, it shall constitute a breach of this Agreement. d. At all times, GIAS will provide employees and equipment for emergency services such as bite cases, ill/injured domestic animal cases, potentially dangerous and dangerous animals as defined by the Grand Island City Code, and picking up and transporting animals that have been confined for bite/rabies investigation. Upon citizen request, GIAS shall provide contact information for appropriate age ncies for animals governed by Federal Law and State Statutes. e. GIAS shall investigate complaints concerning violations of the City’s Animal Ordinances and shall take such steps as are necessary to administer and enforce said ordinances. f. GIAS shall collect and properly dispose of small dead animals (except domestic livestock) found upon City streets, alleys, avenues or other property owned by or controlled by the City. In addition, non-domesticated small dead animals will be collected from private property upon request. Deceased domesticated animals will not be collected from private property. 3 g. GIAS shall collect and remove small dome stic animals and animals found running at large within the corporate limits of the City in compliance with the Grand Island City Code and consistent with the attached proposal. h. Animal Control Officers shall be empowered to issue warnings in connection with the performance of their duties and to refer complaints and requests for prosecution for violations of the City Animal Code to the City Attorney. i. GIAS shall maintain a published list of charges for all its services and products, a current copy of which shall be maintained with the City Clerk. j. GIAS shall file activity reports at least quarter-annually with the City concerning the number of Animal Control calls, animals collected by Animal Control Officers, and animals claimed and unclaimed during the three day holding period. k. GIAS shall maintain written records of all citizen complaints of significant nature relating to animals and GIAS’s operations within the corporate limits of the City. Copies of incident reports shall be open to review upon reasonable notice. l. GIAS shall impound or insure isolation of all reported animals which have bitten or are suspected of biting any person for the number of days required by the City’s ordinances and State Statutes in order that such animal may be observed for rabies. The GIAS shall report all bites or suspected bites to the Central District Health Department within five (5) days and shall file copies of any medical reports it receives in connection with bites or suspected bites with said department. The Central District Health Department of Nebraska shall be the ultimate responsible agency for rabies control. Unreimbursed costs of rabies verification through laboratory procedures shall be paid to GIAS by the Health Department following monthly billing, costs to include supplies, 4 postage and handling, not to exceed $40.00 per incident or such other sum agreed to by all the parties. GIAS shall obtain approval from the Central District Health Department prior to submitting each animal for rabies testing if reimbursement is to be requested. m. GIAS shall purchase and maintain during the term of this Agreement or its renewals, insurance providing the following coverage and shall file certificates of insurance with the City Clerk: (1) Employee’s liability and Workmen’s Compensation Insurance if required by laws of the State of Nebraska. (2) Automobile public liability and property damage insurance with minimum limits of $1,000,000 single limit. (3) Public liability insurance, including premises insurance for the animal shelter, with minimum limits of $1,000,000 single limit and the City shall be listed as an additional named insured. Said certificates of insurance shall state that thirty (30) days written notice shall be given to the City before any policy covered thereby is changed or canceled. 3. CITY’S DUTIES. In the performance of this Agreement, the City shall have the following duties: a. The City shall cooperate with the GIAS whene ver necessary and practicable to aid in the enforcement and administration of the City’s Animal Ordinances, including law enforcement assistance by the Grand Island Police Department. b. The Emergency Center will receive telephone calls concerning violations of the City’s Animal Ordinances at all times that an Animal Control Officer is not on duty and shall request assistance from Animal Control Officers who are on call. 5 c. The City shall inform GIAS of any revisions or amendments to the City’s Animal Ordinances. 4. TERM OF AGREEMENT. This Agreement shall take effect on October 1, 2008, if approved by the City Council and executed by the Mayor and shall continue in full force and effect for a period of three years with an optional two year extension subject to Council annually approving and adopting a budget containing appropriation and further subject to a performance evaluation at the end of the second year. The purpose of the evaluation is to determine if the agreement should terminate at the end of the third year or be extended for two years at the end of the original three-year term. It is specifically agreed and understood that either party shall have the right to terminate this Agreement at any time for cause by giving the other party ninety (90) days written notice. GIAS agrees to contract for suitable shelter services if new facility construction is not completed by October 1, 2008. 5. ANNUAL PET LICENSE TAXES. The annual pet license taxes shall be established by the City. The GIAS, local veterinarians, other approved vendors, and the City may sell and issue annual pet licenses as coordinated by GIAS according to the proposal. The revenue from the sale of all licenses shall be accounted for and remitted to the City. All other fees and charges in connection with the performance of this Agreement shall be established by GIAS subject to comment and input by the City of Grand Island as set forth herein except in instances of an emergency. Such fees and charges may be retained by GIAS. 6. MONTHLY CITY PAYMENTS. During the term of this Agreement or its renewal terms, the City shall pay to GIAS the amounts authorized by the Mayor and City Council as shown in its adopted budgeted statements and annual appropriation ordinances. Said amount shall be paid in twelve (12) equal monthly installments, commencing upon October 1, 6 2008. In the initial two years of this agreement, the City shall pay the amount of $249,850.00 per year with a 5% increase in year three, and a 3% increase in years four, and five summarized as follows: October 1, 2008 to September 30, 2009 $249,850 October 1, 2009 to September 30, 2010 $249,850 October 1, 2010 to September 30, 2011 $262,343 October 1, 2011 to September 30, 2012 $270,212 October 1, 2012 to September 30, 2013 $278,319 7. CHOICE OF LAWS. This Agreement shall be construed in accordance with the Grand Island City Code and the laws of the State of Nebraska. 8. INDEMNIFICATION. GIAS will indemnify and save harmless the City from all demands, claims, causes of action or judgments, and from all expenses that may be incurred in investigating or resisting the same, arising from, or growing out of, any act or neglect of GIAS, its contractors, agents or servants in connection with the operation of the shelter or in the performance of related duties. GIAS shall fully inform all persons using or being upon GIAS premises of the non-liability of the City for any act of neglect of GIAS by posting an adequate number of notices to that effect in, about, or on said premises. 9. ASSIGNMENT. GIAS shall not assign its rights under this Agreement without the expressed prior written consent of the City. 10. INDEPENDENCE OF GIAS. GIAS, its officers, employees, agents, and volunteers, shall act in an independent capacity during the term of this agreement and not as officers, employees, agents or volunteers of the City. 7 11. EQUAL EMPLOYMENT AND NON-DISCRIMINATION. GIAS is an Equal Opportunity Employer. It is the intent of the GIAS to provide equal employment opportunity in its employment practices for all persons and will not discriminate on the basis of face, color, religion, sex, age or national origin, or against any qualified handicapped/disabled individual. This same policy of non-discrimination will be practiced throughout the entire GIAS as pertains to the treatment of its volunteers and in dealing with all customers. 12. 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 progr am 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 therefor. 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 or order. 13. ENTIRE AGREEMENT. This Agreement and the attached response to proposals constitute the entire agreement between GIAS and City notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. 8 Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ RaNae Edwards, City Clerk Margaret Hornady, Mayor Approved as to form by City Attorney ________ Approved by Resolution 2008-________ GIAS and DR. JAMES E. KIMBROUGH, AND CAROLE M. KIMBROUGH ___________________________________ Dr. James E. Kimbrough ___________________________________ Carole M. Kimbrough 9 PROPOSAL SHEET FOR ANIMAL CONTROL SERVICES FOR THE CITY OF GRAND ISLAND, NEBRASKA INTRODUCTION Please use this sheet to provide your primary response to the City's request for proposals for animal control services. You may attach such additional sheets and documentation as you feel necessary to fully respond to the request for proposals. PROPOSAL There are two broad components to animal control. The first is code enforcement and the capture or intake of animals within the City's enforcement jurisdiction and the second is the sheltering, care and disposition of such animals. Proposals may be submitted for the first component, the second component, or both. Specifically, the proposal must include the following: 1. Name, address and telephone number of the proposer and the names, addresses and telephone numbers of individuals authorized to speak on behalf of the proposer. Dr. James E. Kimbrough Carole M. Kimbrough 7800 N. U.S. Hwy. 281 Grand Island, NE 68803 (h) 308-381-7525 (w) 308-384-6147 2. Name, address and telephone number of any general partner, manager, agent or other member of the proposer's organization. None. 10 3. Proposed lump sum fees for services for an initial year and for two additional years at the option of the City. Code Enforcement and the capture or intake (if none proposed, enter 0) Year One $ 187,620.00 Year Two $ 187,620.00 Year Three $ 197,001.00 Sheltering, care and disposition of animals (if none proposed, enter 0) Year One $ 128,895.00 Year Two $ 128,895.00 Year Three $ 135,339.75 Note: if awarded both Code Enforcement and Shelter proposals, total bids for first and second years are $ 249,850.00, with a 5% annual increase thereafter. Negotiated optional years 4 and 5 with 3% annual increases instead of 5% with performance review at the end of the second year. 4. Provide a statement of any business, financial or other relationship with any member of the City Council or Grand Island city administration. None. If your proposal includes code enforcement and the capture or intake of animals, you should also: 5. Provide a summary of the proposer's prior experience in animal care or animal control. Dr. James E. Kimbrough is a licensed practitioner of veterinary medicine in the state of Nebras ka. He has been in practice for some 37 years, thirty-five of which have been in the city of Grand Island. He was the veterinary consultant for the Central Nebraska Humane Society (CNHS) for twenty-five years and the shelter operated under his DEA license for the majority of that period. 11 Dr. Kimbrough was on the CNHS advisory board for approximately 10 years and was successful in implementing more humane euthanization, improved sanitary and health conditions and beginning a vaccine regimen (where applicable) for all adopted animals. Dr. Kimbrough has also been officially recognized for his significant contributions to the City of Grand Island Police Department in regards to the better development of their K-9 unit. Carole Kimbrough was an employee of the CNHS and acted as Operations Manager/Asst. Manager during her tenure. Duties directly relating to animals included; general shelter management - directing the intake and disposition of all shelter animals. She was instrumental in the application and use of their animal control/shelter computer program (ShelterPro). Carole Kimbrough has over 20 years experience in canine behavioral training and is a registered CGC Evaluator with the American Kennel Club. 6. Provide a detailed plan for providing the services and documentation proving the ability to provide the services as proposed. Services to be provided: ¦ Stray animal pick-up ¦ 24-hour emergency animal control ¦ Small animal carcass pick-up and disposal ¦ Investigating to completion, violations of city code ¦ Animal welfare checks ¦ Public education as to city code rules and regulations. ¦ Process of public health investigations ¦ Animal Control Vehicle – To be used by Animal Control Officers. Vehicle to be properly equipped with confinement (cages, kennels)and restraint equipment (i.e. nets, poles, etc.). ¦ Electronic and paper database that ensures complete documentation of code enforcement activities. 7. If City participation is required, include all public sector participation assistance needs and requirements. City police or attorney participation will be required in the event of the following: ¦ Public Interference (any persons whose actions hinder animal control officers in the performance of their duties, Article 5-5 of City Code). ¦ Auto/animal accident ¦ Recurring violators or extreme violators of city code. 12 8. Describe the proposer's staff, facility, and organizational capability to provide code enforcement, capture and intake of 1,500 to 3,000 animals per year. Describe how both domesticated, non-domesticated animals, and dangerous animals would be managed. Include information regarding hours of operation and staff training/experience regarding animal capture and handling. (If the proposer intends to utilize the services of another for this component, provide information regarding that other person or entity). Describe the procedures that animal control officers would use to deliver and check animals during normal business hours and after normal business hours. Staff will be comprised of: Animal Control Officers (3) All officers will be trained in the following: ¦ Proper control and restraint of animals ¦ Application of city code and regulations ¦ Public relations ¦ Use of ACO equipment (i.e. noose, pole, net) ¦ Investigatory procedures and case preparation Officers will be responsible for capture, intake and processing of animals. Animal intake guidelines are as follows: ¦ Large animals, live or deceased will not be collected. ¦ Non-domesticated small animals, deceased, will be collected. ¦ Non-domesticated animals, live, will not be collected (public will be instructed to contact game warden, proper state authority or exterminator). ¦ Domesticated small animals, live will be collected (disposition is as applicable, i.e. city shelter or veterinarian). ¦ Domesticated small animals, deceased will be collected only on public property. Manager – Oversee all aspects of animal control operation; case review, staff/office management, public relations, ensure complete case documentation. Veterinarian – Manage public health issues for applicable cases. Ascertain and determine health of all animals. 13 Staff training will be provided by licensed, professional personnel (veterinarian, veterinary technician, etc.). Staff will receive continuing education thru class/seminar or multi-media (books, tapes, etc.). Hands on training will be provided as to the proper capture and handling of animals. Staff will be issued copies of Grand Island city code and be instructed as to its use and application. Office facility and animal-equipped transport will be provided for staff thus ensuring the means for proper Animal Control services and documentation. Hours of operation are Monday – Friday 10am-5pm, Saturday 9am-noon. During business hours and after business hours, all collected animals will be delivered to city animal shelter, veterinarian or other, whichever deemed applicable. 9. Describe your plan for record keeping regarding animals taken into custody. Each animal will be electronically filed (see attached case entry form) and assigned a unique I.D#. The particular software used will allow for complete record storage and tracking as well as providing animal control statistics. Handwritten files and ACO logbook will be kept as well. All files will be kept for a minimum of 3 years. 10. Describe how cruelty and neglect cases will be investigated including what assistance will be requested from the City. Pursuant to City Code, persons in violation of Article IV (5-21, 5-22), involving cruelty and neglect cases will be issued either warning or citation and fined (see attachments) and if warranted, animal may be confiscated. Assistance from the City may be required for confiscation or prosecution. 11. Describe your plan for temporary impoundment of animals prior to transfer to a kennel or shelter. At the direction of city animal shelter, collected animals will be transported by animal control vehicle to shelter, veterinarian or other. 12. Describe your plan for impoundment and rabies observation of animals involved in a biting incident. Impounded, rabies suspect animals will be collected and delivered to city animal shelter or veterinarian for quarantine and continued observation. Reports (see Animal 14 Bite Report and Quarantine /Rabies Observation attachments) to be filed with Public Health Department. 13. Describe your plan for impoundment and disposition of licensed and unlicensed stray animals or animals running at large. All strays, licensed and unlicensed will be collected and transported to city animal shelter or veterinarian as directed by city animal shelter. Citations will be issued as warranted. 14. Describe your plan for the intake of injured or ill animals under the City's animal control duties. All animals will undergo physical examination upon collection. Animals will be brought directly to city animal shelter. In the event animal is found to be ill, diseased or injured, officer will notify shelter for proper direction for placement of animal. 15. Describe your plan for collecting and remitting license fees to the City. Licensing and fees will not be collected nor remitted to the City. 16. Describe your plan for animal control relating to wild and feral animals and the disposal of animal carcasses found on public and private property. ¦ Large animals, live or deceased, will not be collected. ¦ Small domestic animal carcasses will be collected only on public property. ¦ Small feral animal carcasses will be collected on public and private property. ¦ Feral, small animals, live, will not be accepted. Note: Persons calling for feral small animals, live, will be instructed to contact their local exterminator or county sheriff or game warden. Note: Rented traps will be made available for the general public for the purpose of collecting cats, both domestic and feral (see attached Cat TrapRental Form). 15 If your proposal includes the sheltering, care, and disposition of animals, you should also: 17. Provide a summary of the proposer's prior experience in animal care or animal control. Dr. James E. Kimbrough is a licensed practitioner of veterinary medicine in the state of Nebraska. He has been in practice for some 37 years, thirty-five of which have been in the city of Grand Island. He was the veterinary consultant for the Central Nebraska Humane Society (CNHS) for twenty-five years and the shelter operated under his DEA license for the majority of that period. Dr. Kimbrough was on the CNHS advisory board for approximately 10 years and was successful in implementing more humane euthanization methods, improved sanitary and health conditions and beginning a vaccine regimen (where applicable) for all adopted animals. Dr. Kimbrough has also been officially recognized for his significant contributions to the City of Grand Island Police Department in regards to the better development of their K-9 unit. Carole Kimbrough was an employee of the CNHS and acted as Operations Manager/Asst. Manager during her tenure. Duties directly relating to animals included; general shelter management - directing the intake and disposition of all shelter animals. She was instrumental in the application and use of their animal control/shelter computer program (ShelterPro). Carole Kimbrough has over 20 years experience in canine behavioral training and is a registered CGC Evaluator with the American Kennel Club. 18. Provide a detailed plan for providing the services and documentation proving the ability to provide the services as proposed. Services to be provided: ¦ Shelter Facility Facility location to meet city zoning restrictions. Facility design will provide adequate shelter intake for up to 3,000 animals annually. Animals will be confined in sanitary, heated, air-conditioned facility at temperatures well within animal comfort zone (see attached facility schematics). Canine kennels will be approximately 5'x7'. Kennel floors and walls will be of non- porous material to help prevent the spread of infectious disease. Approximate number of kennels is 30 (this figure is based on current CNHS facility). Felines will be contained in stainless steel (infectious disease prevention) cages. Approximate number of cages is 30. 16 All other animals will be contained in a manner consistent to their species. ¦ Intake Animals will be physically examined and identified upon entry (see attached case entry form) and be assigned an individual identification number. Both paper and electronic files will be kept for each animal. ¦ Care Animals will be provided a daily diet that is consistent to their species and individual needs. Proper sanitation will consist of daily disinfecting of all animal surroundings, i.e. clean pans, floors, etc. ¦ Disposition Animals will be held for three business days before disposition/release. All animals will be properly documented upon release. 'Release' consists of one of the following: Claim: Owner claims animal (see attached claim form). If required by city law, owner must provide proof of rabies vaccination and city licensing. Impound, board and microchip fee must be remitted before release. If proof is not provided owner will obtain requirements in addition to remittance of impound, microchip and boarding fees. Adoption: All canine and feline animals will be altered (if applicable), rabies vaccinated, licensed and microchipped prior to adoption (see attached Adoption application). Rescue: If animal is unclaimed and unadopted but considered adoptable, animal may be placed with 'Rescue' group. For example, Great Dane Rescue of Nebraska rescues and places the breed Great Danes. These animals would be released to the group at no charge. Euthanasia: Animals which have been held 3 business days and are not claimed, considered adoptable or rescued will be euthanized in a humane manner. DOA (dead on arrival): Owners of animals which are identifiable (license tags, microchip, etc.) will be contacted. Unidentifiable animals will be disposed. Animals will be held for three business days before disposition/release. All animals will be properly documented upon release. ¦ City Licensing The City of Grand Island will be responsible for the provision of pet licenses and tags. Pet licenses should be made in triplicate; copy each for owner, shelter and city. Our agency will be responsible for dispersing licenses and tags to participating area veterinarians and can also be obtained at the shelter. Fees and licenses will be collected monthly and remitted to the city. Licensing fees to be determined by the City. 17 ¦ Website Provide shelter information to general public; location, hours, license fees, adoption fees and application, etc. ¦ 24 hour emergency animal shelter For after-hours, a night depository will be provided for ACO animals. ¦ Information on lost and found animals Reports on lost or found animals will be electronically entered into shelter database in addition to office written log. ¦ Health and behavior pet counsel Free counsel/information provided for pet owners. ¦ Service Fees License: Fees to be determined by the City. Adoption: Dog or Cat - $30.00 Other – Price determined on individual basis Board $10.00 per day, per animal Impound $35.00 Surrender $30.00 Microchip $20.00 19. If City participation is required, include all public sector participation assistance needs and requirements. City funding and participation will be needed for the following: ¦ Large number of animals in need of shelter at any one single time. Example: Confiscation of 50 animals from commercial breeder due to animal cruelty charges. ¦ Animal whose status is pending court decision and is being boarded past the 3 day holding period. ¦ Catastrophic conditions that would merit an overload on shelter facility's capabilities. Note: Compensation to be awarded on a per animal per day fee of $10.00 18 20. Describe the proposer's staff, facility, and organizational capability to provide sheltering, care, and disposition of 1,500 to 3,000 animals per year. Describe how both domesticated, non-domesticated animals, and dangerous animals would be managed. Include information regarding hours of operation and staff training/experience regarding animal sheltering and handling. (If the proposer intends to utilize the services of another for this component, provide information regarding that other person or entity). Describe the procedures that animal control officers would use to deliver and check animals during normal business hours and after normal business hours. Staff: Shelter Veterinarian: Manage public health issues for applicable cases. Determine and direct the general health and care of all animals. Shelter Manager: Manage all aspects of animal shelter operations; case review, staff/office management, public relations, etc. Animal Care Technicians (3-5): Duties include but are not limited to, providing the daily diet, care and sanitary living conditions necessary to ensuring animals proper well being. Training will be provided by licensed, professional personnel (Veterinarian, Veterinary Technician, etc.). Hands on training will be provided as to the proper care and handling of animals. Facility: Facility location to meet city zoning restrictions. Facility design will provide adequate shelter intake for up to 3,000 animals annually. Animals will be confined in sanitary, heated, air-conditioned facility at temperatures well within animal comfort zone (see attached facility schematics). Facility will be comprised of office, quarantine room, night depository, dog kennels, cat room, storage and bathroom . Intake: Upon entry all animals will be examined and identified (computer entered) and confined in a humane manner. If animal is identified via tags, microchip or other, owner will be contacted for claiming. Unidentified animals will be held for 3 business days before becoming the property of the shelter. Feral and dangerous animals will be contained and quarantined from general public. Animal Control Officers will be required to check animals at office and provide the following information: Origin (stray, accident, etc.) Reason (explanation of origin). 19 For after-hours, a night depository will be provided for ACO animals. Contact number will be issued to all ACO's in the event of shelter emergency. Disposition: Animals will be held for three business days before disposition/release. All animals will be properly documented upon release. 'Release' consists of one of the following: Claim: Owner claims animal (see attached claim form). If required by city law, owner must provide proof of rabies vaccination and city licensing. Impound, board and microchip fee must be remitted before release. If proof is not provided owner will obtain requirements in addition to remittance of impound, microchip and boarding fees. Adoption: All canine and feline animals will be altered (if applicable), rabies vaccinated, licensed and microchipped prior to adoption (see attached Adoption application). Rescue: If animal is unclaimed and unadopted but considered adoptable, animal may be placed with 'Rescue' group. For example, Great Dane Rescue of Nebraska rescues and places the breed Great Danes. These animals would be released to the group at no charge. Euthanasia: Animals which have been held 3 business days and are not claimed, considered adoptable or rescued will be euthanized in a humane manner. DOA (dead on arrival): Owners of animals which are identifiable (license tags, microchip, etc.) will be contacted. Unidentifiable animals will be disposed of. Hours of operation are: Monday thru Friday 10am – 5pm, Saturday 9am – noon. 21. Describe your plan for record keeping regarding animals while sheltered and after release. Each animal will be electronically filed (see attached case entry form) and assigned a unique I.D#. The particular software used will allow for complete record storage and tracking as well as providing shelter statistics. In addition, handwritten files will be kept on each animal. Containment logs (see attachment), which help to quickly identify animal location in shelter, kept at front desk. All files will be kept for a minimum period of 3 years. 22. Describe how cruelty and neglect cases will be investigated including what assistance will be requested from the City. The investigative responsibility of cruelty and neglect cases will be left to the City of Grand Island and City Animal Control. 23. Describe freezer or containment facilities available for deceased animals. 20 One large 25 cubic foot freezer will be utilized for the storage of deceased animals. Warm weather days and scheduled waste disposal pickup necessitate their use. Freezer to be located in restricted storage area. 24. Describe your plan for disposition or euthanasia for unclaimed animals. Animals that are unclaimed but considered adoptable or placeable with a rescue group will be held for an indeterminate period. Animals that are unclaimed and considered unadoptable will be euthanized. All euthanasia drugs will be administered by licensed veterinarian or veterinary technician. All diseased and or dangerous unclaimed animals are considered unadoptable. 25. Describe your plan for impoundment and rabies observation of animals involved in a biting incident. Animals entered for rabies observation will be quarantined required 10 days and observation on their status entered daily (see attached Quarantine/Rabies Observation sheet). Deceased suspects will be sent to the Diagnostic Lab Unit at Kansas State University. Copies of reports (see Animal Bite Report and Quarantine /Rabies Observation attachments) will be entered into animal case file history. 26. Describe your plan for impoundment and disposition of licensed and unlicensed stray animals or animals running at large. ¦ Impound for licensed strays – Owner will be contacted and given 3 days to claim animal. Impound, days boarded and microchip fees must be paid before animal is released. ¦ Impound for unlicensed strays – If claimed, owner will be fined for days boarded, impound and microchip fees. Animal will then be released to veterinarian of choice for rabies vaccination and licensing. ¦ Animals unclaimed past three day wait period will become the property of shelter and may then be held for adoption or other. ¦ Surrendered animals, if deemed adoptable will be held for an indeterminate period If unadoptable, animal will be euthanized. 27. Describe your care plan for injured or ill animals housed under the City's animal control duties. All animals will undergo physical examination upon entry. If found to carry an apparent contagious disease, animal will be quarantined. Injured or ill animals will be treated by shelter veterinarian accordingly. 28. Describe your plan for collecting and remitting license fees to the City. 21 The City of Grand Island will be responsible for the provision of pet licenses and tags. Pet licenses should be made in triplicate; copy each for owner, shelter and city. Our agency will be responsible for dispersing licenses and tags to participating area veterinarians, they can also be obtained at the shelter. Fees and licenses will be collected monthly and remitted to the city. Licensing fees to be determined by the City. 29. Describe your plan for animal control relating to wild and feral animals and the disposal of animal carcasses found on public and private property. ¦ Large animals live or deceased, will not be accepted. ¦ Non-domestic small animals deceased, will be accepted. ¦ Non-domestic small animals live will not be accepted. ¦ Domestic small animals live will be accepted. ¦ Domestic small animals deceased, found on public property will be accepted. ¦ Domestic feral, small animals (i.e. felines) will be accepted into the shelter. Note: Persons calling for collection of feral small animals, live, will be instructed to contact their local exterminator, county sheriff or game warden. Note: Rented traps will be made available to the general public for the purpose of collecting feline animals, both domestic and non-domestic (see attached form). 22 The undersigned, having examined all specifications and other documents, and all addenda thereto, and being acquainted with and fully understanding all conditions relative to the furnishing of animal control services to the City of Grand Island, Nebraska hereby proposes to furnish and deliver such services as set forth above. I acknowledge that the City reserves the right to accept or reject any or all proposals and to waive any irregularities and to enter into such contract or contracts as it shall deem to be in the City's best interest. Dated this ______________day of ______________________, 2008. Respectfully submitted, ______________________________________ Company ______________________________________ Signature _________________________________________ Signature Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ANIMAL CONTROL SERVICES RFP DUE DATE: May 30, 2008 at 4:00 p.m. DEPARTMENT: Legal PUBLICATION DATE: March 21, 2008 NO. POTENTIAL BIDDERS: 12 SUMMARY OF PROPOSALS RECEIVED Dr. James E. Kimbrough Central Nebraska Humane Society Carole M. Kimbrough 1312 Sky Park Road 7800 N. U.S. Hwy. 281 Grand Island NE 68801 Grand Island NE 68803 Animal Control Services, Inc. Larry R. Heil 3530 Old W. Hwy 30 Grand Island NE 68803 cc: Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney P1245 Approved as to Form¤ ___________ June 20, 2008 ¤ City Attorney RESOLUTION 2008-178 THAT WHEREAS, the City of Grand Island invited proposals for animal control and sheltering services according to a Request for Proposals on file with the City Clerk; and WHEREAS, on May 30, 2008 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, Dr. James E. Kimbrough, and Carole M. Kimbrough DBA Grand Island Animal Services submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code, said proposal and negotiated extensions being in the amount of: October 1, 2008 to September 30, 2009 $249,850 October 1, 2009 to September 30, 2010 $249,850 October 1, 2010 to September 30, 2011 $262,343 October 1, 2011 to September 30, 2012 $270,212 October 1, 2012 to September 30, 2013 $278,319 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Dr. James E. Kimbrough, and Carole M. Kimbrough DBA Grand Island Animal Services is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such proposed services with Dr. James E. Kimbrough and Carole M. Kimbrough DBA Grand Island Animal Services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 24, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of June 11, 2008 through June 24, 2008 The Claims for the period of June 11, 2008 through June 24, 2008 for a total amount of $2,837,372.90. A MOTION is in order. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item X1 Update Concerning IBEW Union Negotiations The City Council may vote to go into Executive Session as required by State law to discuss the IBEW Union negotiations. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item X2 Update Concerning Real Estate Acquisition – Hall County Livestock Improvement Association The City Council may vote to go into Executive Session as required by State law to discuss Real Estate Acquisition - Hall County Livestock Improvement Association. Tuesday, June 24, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council