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08-11-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 11, 2009 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 Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck 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 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 Recognition of Life Saving Efforts Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Council Agenda Memo From: Troy Hughes, Fire Chief Meeting: August 11, 2009 Subject: Certificate of Recognition Item #’s: C-1 Presenter(s): Troy Hughes, Fire Chief & Mayor Margaret Hornady Background Sudden cardiac arrest takes the lives of many people. This tragic destiny course can be altered given the right conditions. Early notification of 911 dispatching, bystander CPR, and the availability of advanced life support all work together to successfully change destiny. The Grand Island Fire Department recognizes the efforts of those who have recently acted and changed a tragic destiny. Discussion Two recent incidents warrant recognition for the life saving efforts displayed by those involved. The first incident occurred on May 12, 2009. The Doniphan-Trumbull track team was practicing for an upcoming event when a 17 year old male student athlete suddenly collapsed and went into cardiac arrest. Fellow student athlete Ashley Schmitz was the first to arrive at the side of this downed athlete, she immediately started CPR. Ashley was quickly joined by Coach Adam Pfeifer and Coach Bob Samuelson who assisted in performing CPR. Coach Tim Schirmer called 911 and directed emergency crews to the scene. Within a few minutes, the Doniphan Quick Response team had arrived on the scene and continued emergency care of this student athlete until the arrival of a Grand Island Fire Department advanced life support ambulance. The patient was transferred to the emergency department staff at St. Francis and survived this tragic event. The second event occurred on the evening of May 15, 2009. After a long day of firefighter training at the Nebraska State Fire School, several members of Meadow Grove and Battle Creek Fire Departments went to a local restaurant to enjoy a meal together. Suddenly, a 24 year old training officer from Meadow Grove Fire Department became unresponsive. Drawing on their training, the other members of the dinner party quickly recognized the seriousness of the situation. Fellow Meadow Grove Fire Department member Craig Tegeler and Battle Creek Fire Captain Scott Kudera quickly assessed the downed training officer and began CPR. They continued their life saving efforts until a Grand Island Fire Department engine company and ambulance arrived on scene. The patient was transferred to the emergency department staff at St. Francis and survived this tragic event. Recommendation It is recommended the Ashley Schmitz, Bob Samuelson, Adam Pfeifer, Tim Schirmer, and the Doniphan Quick Response Team be awarded certificates of recognition for their life saving efforts that occurred on May 12, 2009. It is also recommended the Craig Tegeler and Scott Kudera be awarded certificates of recognition for their life saving efforts that occurred on May 15, 2009. Item E1 Public Hearing Concerning Acquisition of Utility Easement - 4811 Gold Core Drive - Brown Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: August 11, 2009 Subject: Acquisition of Utility Easement – 4811 Gold Core Dr. - Brown Item #’s: E-1 & G-5 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Mr. and Mrs. Joseph (Mick) Brown located on Lot Two (2), Platte Valley Industrial Park Sixth Subdivision, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate underground primary cable and a pad-mounted transformer to provide electric service to a new bus storage and repair shop for Holiday Travel. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E2 Public Hearing Concerning Acquisition of Utility Easement - 731 Allen Drive - Highway Motels of Nebraska, Inc. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: August 11, 2009 Subject: Acquisition of Utility Easement – 731 Allen Drive Highway Motels of Nebraska, Inc. Item #’s: E-2 & G-6 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Highway Motels of Nebraska, Inc., located through a part of Lot Two (2) Meadowlark West Fifth Subdivision, located in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place high voltage underground cables and a pad-mounted transformer to provide electric service to the new Holiday Inn Express currently being constructed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing on Proposed FY 2009-2010 City Single Budget Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: August 11, 2008 Subject: Public Hearing for FY 2009-2010 Single City Budget Item #’s: E-3 Presenter(s): Mary Lou Brown, Finance Director Background The budget process for the City of Grand Island begins in April with internal budget compilation and culminates with the submittal of the final budget to the State Auditor in September. Following are accomplishments that have occurred: · Departments reviewed their current budgets and submitted 2009-2010 budget requests. · Outside Agencies were contacted to submit their budget requests for next year. · Requests were reviewed with each department by City Administration. · 2009-2010 preliminary budget was adjusted to promote efficiencies and effectiveness. · Individual Board review and approval took place for CRA and Solid Waste Agency. · On June 16th, the City Council conducted a Study Session to review the proposed FTE requests, funding of Outside Agencies and Fee Schedule changes. These were approved on June 23rd. · On July 14 th, the City Council conducted a public hearing and approved the Solid Waste Agency Budget. Discussion At the August 11th council meeting, the City Council is asked to conduct a public hearing on the proposed budget to allow for public input. The public hearing will be followed up by a Special Budget meeting on August 18th and 19th and additionally August 20th, if needed, where council will be able to ask questions and respond to information concerning the proposed budget and public input. At the August 18th meeting, the Council will be asked to make determination on the budget or set further meetings to move toward determination. Future steps concerning the budget include: August 18, 2009 Special Budget meeting. August 19, 2009 Special Budget meeting, if needed. August 20, 2009 Special Budget meeting, if needed. County certifies taxable values. August 25, 2009 Adopt budget and approve lid limit increase. Council approves BID budgets and assessments and sets date for Board of Equalization. September 8, 2009 Public hearing on General Property, Parking District #2, and CRA tax requests. Establish Parking District #1 occupation tax request. Establish property tax requests for General Property, Parking District #2 and CRA. Public hearing and amendment to current year budget, if needed. September 21, 2009 Submit Budget to State Auditor. September 23, 2009 Board of Equalization for BIDs and ordinance for assessments. Recommendation The Council is asked to conduct the public hearing and take information from the citizens. After conducting the hearing, it is recommended that the City Council take the information under advisement for further discussion at the August 18th Special Budget Session The budget transmittal letter, a “Budget in Brief”, and a draft document of the budget were provided to Council in mid-July. If any further information is needed, please contact City Administration. Item E4 Public Hearing on Community Redevelopment Authority (CRA) Budget Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Chad Nabity, CRA Director Meeting: August 11, 2009 Subject: Community Redevelopment Authority (CRA) Budget Item #’s: E-4 Presenter(s): Chad Nabity, CRA Director COMMUNITY REDEVELOPMENT AUTHORITY 2009-2010 ANNUAL BUDGET It is my privilege to present to you the budget for the Community Redevelopment Authority for 2009-2010. This plan and budget continues the high-quality services that have enabled the CRA to partner with the City of Grand Island, private developers and bus inesses, and with property owners in the blighted and substandard areas to make Grand Island vibrant, clean, safe, and attractive. The CRA budget for 2009-2010 is offered to you with a review of the responsibilities of the CRA. Those responsibilities and abilities are outlined in State Statutes and are summarized, in part, as follows: The creation of Redevelopment Authorities was authorized by the Nebraska Legislature in order to provide communities with the ability to address certain areas of a city in need of improvement and development. Powers granted to Community Redevelopment Authorities are outlined in Chapter l8 of the Statutes and include the ability to expend funds to acquire substandard or blighted areas, make public improvements, and assist with development and redevelopment projects in specified areas. The Authority has virtually the same powers as any political subdivision, including borrowing money, issuing bonds, undertaking surveys and appraisals and asking for a levy of taxes. A five-member board, appointed by the Mayor with the approval of the City Council, governs the CRA. The CRA is administered by a Director and devotes the overwhelming share of its resources to highly visible and effective programs. The CRA funds its programs primarily through assessments on taxable properties within the Grand Island city limits. BLIGHTED AND SUBSTANDARD AREAS There are Seven (7) designated Blighted and Substandard Areas within the Grand Island City Limits (see attached map). The City Of Grand Island has the authority to designate up to 35% of the community a blighted and substandard. At present 16.66% of the City has been designated blighted and substandard. CRA MISSION The CRA’s mission is to reduce, slow or eliminate blighting influences on property in those areas that have been designated as blighted and substandard. They do this by encouraging new investment and improved infrastructure in older areas of the community through the use of tax increment financing. They also take an active role in purchasing and demolishing properties that need to be cleared. This property is then made available for redevelopment. FISCAL RESOURCES General Revenues For 2009-2010, The CRA is requesting property tax revenues of $425,000 down from $475,000 in 2008- 09 and down from $500,000 in 2007-2008. Historically, the levies and tax askings have been: 2008- 2009 2007-2008 2006- 2007 2005- 2006 2004- 2005 2003- 2004 2002- 2003 $0.020790 $0.0225655 $0.022824 $0.023625 $0.024287 $0.025325 $0.024721 $475,000 $500,000 $477,204 $456,540 $457,391 $402,431 $388,713 At the July 21, 2009 meeting, the Community Redevelopment Authority approved the proposed budget establishing a preliminary request of $0.01950 for each hundred dollars of valuation for an anticipated $425,000 based on an estimated taxable valuation of $2,330,443,511. Program Funding The Community Redevelopment Authority has the ability to assist private developers and governmental entities with the commercial, residential or mixed-use redevelopment projects throughout the City. Specific detail on projects is as follows: · Purchase of Dilapidated Properties/Infrastructure. The 2008-2009 budget includes $100,000 for the acquisition of substandard properties in the blighted and substandard areas and for the provision of infrastructure. The Authority will consider any property within a designated area. · Facade Development $150,000 has been budgeted for the façade development program, including grants and interest buy down these projects are unidentified at this time. This program has been used extensively in the Downtown area but is available to all blighted and substandard areas. · Train Horns: A total amount of $240,000 has been reserved for participation in the way side horn project in Downtown Grand Island. This project is a joint project funded by the City and the CRA through an interlocal agreement. Final approvals from the rail road are moving forward and we anticipate that CRA will make the payment on the full project during the 2009-2010 fiscal year. This will be a reimbursement to the City. · Other Projects: $800,000 has been reserved for other projects in the blights and substandard areas. This funding can be assigned to specific projects including but not limited to infrastructure improvements in the blighted and substandard areas that would support larger redevelopment plans. The authority is specifically looking at financing “Bucket TIF” projects in residential neighborhoods that have already been declared blighted and substandard. This process will allow the CRA to help make significant improvements in the quality of housing available in these neighborhoods. The CRA has used this funding item in the past to fund additional façade improvement projects and to make grants to fund specific projects for the: Business Improvement District, the Grand Parks Department, Fonner Park, The Central Nebraska Humane Society, St. Stephens, Habitat for Humanity and other community groups for specific projects that meet the mission of the CRA. CONCLUSION A continued aggressive approach toward redevelopment will be the focus for the CRA in 2009-2010. The investments this community has made in housing, redevelopment efforts, infrastructure and economic development, bode well for the future of the community. Given the current climate regarding taxes, development and redevelopment, the CRA is requesting a less revenue during the upcoming year. The CRA expects to spend a significant portion of their unspent funds during the coming year. It is hoped that they will be able to do this in a manner that will enable them to recapture those dollars at a later date. 2007 2008 2009 2009 2010 Actual Actual Budget Projected Budget CONSOLIDATED Beginning Cash 1,309,485 952,497 1,236,622 892,522 1,035,860 REVENUE: Property Taxes 699,422 750,800 697,796 717,783 667,783 Loan Proceeds - Interest Income 45,272 41,968 10,000 15,579 8,000 Land Sales 14,837 15,152 50,000 47,335 50,000 Other Revenue 6,506 - - 16,054 - TOTAL REVENUE 766,037 807,920 757,796 796,751 725,783 TOTAL RESOURCES 2,075,522 1,760,417 1,994,418 1,689,273 1,761,643 EXPENSES Auditing & Accounting 4,900 5,000 8,000 6,500 7,500 Legal Services 5,500 2,143 10,000 6,000 10,000 Consulting Services 999 - 10,000 - 10,000 Contract Services 48,430 34,362 40,000 35,000 40,000 Printing & Binding - 568 1,000 - 1,000 Other Professional Services 3,429 4,112 6,000 3,000 5,000 General Liability Insurance - - 250 250 250 Postage 142 250 200 200 Legal Notices 303 828 800 800 800 Licenses & Fees - - - - - Travel & Training 70 - 1,500 - 1,000 Other Expenditures 14 - 500 250 500 Office Supplies 32 105 500 150 500 Supplies - - 300 300 300 Land 15,137 33,090 100,000 129 100,000 Façade Improvement 127,300 207,871 200,000 155,551 150,000 South Locust - - - - - Other Projects 706,680 - 500,000 15,000 800,000 Property Taxes BID Fees - - 2nd Street BID 150,000 - Outstanding Façade Improvement Grants - 132,250 Railroad Horns - 240,000 Other Committed Projects 37,500 17,700 Property Management - - Bond Principal 112,739 142,543 128,002 161,611 161,611 Bond Interest 97,492 93,031 94,794 81,172 81,172 TOTAL EXPENSES 1,123,025 523,795 1,101,896 653,413 1,759,783 INCREASE(DECREASE) IN CASH (356,988) 284,125 (344,100) 143,338 (1,034,000) ENDING CASH 952,497 1,236,622 892,522 1,035,860 1,860 LESS COMMITMENTS - - - - AVAILABLE CASH 952,497 1,236,622 892,522 1,035,860 1,860 CHECKING 481,867 786,622 442,522 130,860 (298,140) INVESTMENTS 470,630 450,000 450,000 905,000 300,000 Total Cash 952,497 1,236,622 892,522 1,035,860 1,860 COMMUNITY REDEVELOPMENT AUTHORITY FY 2009 - 2010 BUDGET 2007 2008 2009 2009 2010 Actual Actual Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2009 - 2010 BUDGET CRA GENERAL OPERATIONS: Property Taxes 491,210 493,602 475,000 475,000 425,000 Interest Income 44,921 41,561 10,000 15,000 8,000 Land Sales 14,837 - 50,000 47,335 50,000 Other Revenue 4,251 1,300 - 7,077 TOTAL 555,219 536,463 535,000 544,412 483,000 GILI TRUST Property Taxes 64,571 66,410 65,780 65,780 65,780 Interest Income - - Other Revenue 324 1,108 - 277 TOTAL 64,895 67,518 65,780 66,057 65,780 CHERRY PARK LTD II Property Taxes 61,006 62,743 59,180 59,180 59,180 Interest Income 237 251 - 349 - Other Revenue 68 - TOTAL 61,311 62,994 59,180 59,529 59,180 GENTLE DENTAL Property Taxes 3,251 3,497 4,202 4,202 4,202 Interest Income 4 3 - 1 - Other Revenue 846 947 - 702 TOTAL 4,101 4,447 4,202 4,905 4,202 PROCON TIF Property Taxes 17,631 18,138 19,162 19,162 19,162 Interest Income 27 53 - 36 Other Revenue 931 972 - TOTAL 18,589 19,163 19,162 19,198 19,162 BRUNS PET GROOMING Property Taxes - 9,536 4,986 4,986 GIRAD VET CLINIC Property Taxes - 3,242 4,940 4,940 GEDDES ST APTS - PROCON 1,195 1,195 SOUTHEAST CROSSINGS 8,866 8,866 WALNUT HOUSING PROJECT Property Taxes 61,753 93,632 74,472 74,472 74,472 Interest Income 83 100 - 193 Other Revenue 86 10,825 - 7,998 TOTAL 61,922 104,557 74,472 82,663 74,472 TOTAL REVENUE 766,037 807,920 757,796 796,751 725,783 2007 2008 2009 2009 2010 Actual Actual Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2009 - 2010 BUDGET EXPENSES CRA GENERAL OPERATIONS: Auditing & Accounting 4,900 5,000 8,000 6,500 7,500 Legal Services 5,500 2,143 10,000 6,000 10,000 Consulting Services 999 0 10,000 - 10,000 Contract Services 48,430 34,362 40,000 35,000 40,000 Printing & Binding - 568 1,000 - 1,000 Other Professional Services 3,429 4,112 6,000 3,000 5,000 General Liability Insurance - 0 250 250 250 Postsge 142 250 200 200 Legal Notices 303 828 800 800 800 Licenses & Fees 0 Travel & Training 70 0 1,500 - 1,000 Other Expenditures - 0 500 250 500 Office Supplies 32 105 500 150 500 Supplies - 0 300 300 300 Land 15,137 33,090 100,000 129 100,000 PROJECTS Façade Improvement 127,300 207,871 200,000 155,551 150,000 South Locust - 0 - - - 2nd Street BID 0 150,000 - Outstanding Façade Improvement Grants 0 - 132,250 Railroad Horns 0 - 240,000 Other Committed Projects 0 37,500 17,700 Other Projects 706,680 0 500,000 15,000 800,000 Property Taxes BID Fees 0 - - Property Management 0 - - TOTAL CRA OPERATING EXPENSES 912,780 288,221 879,100 410,630 1,517,000 GILI TRUST Bond Principal 43,604 47,158 51,001 51,001 51,001 Bond Interest 22,176 18,622 14,779 14,779 14,779 Other Expenditures 4 TOTAL GILI EXPENSES 65,784 65,780 65,780 65,780 65,780 CHERRY PARK LTD II Bond Principal 34,131 36,824 39,729 39,729 39,729 Bond Interest 25,049 22,356 19,451 19,451 19,451 TOTAL CHERRY PARK EXPENSES 59,180 59,180 59,180 59,180 59,180 GENTLE DENTAL Bond Principal 1,949 2,127 2,276 2,276 2,276 Bond Interest 2,253 2,075 1,926 1,926 1,926 TOTAL GENTLE DENTAL 4,202 4,202 4,202 4,202 4,202 BRUNS PET GROOMING 9,536 4,986 4,986 GIRARD VET CLINIC 3,242 4,940 4,940 PROCON TIF Bond Principal 8,333 10,601 9,467 9,467 9,467 Bond Interest 10,829 8,561 9,695 9,695 9,695 TOTAL PROCON TIF 19,162 19,162 19,162 19,162 19,162 GEDDESST APTS - PROCON 1,195 1,195 SOUTHEAST CROSSINGS 8,866 8,866 WALNUT HOUSING PROJECT 2007 2008 2009 2009 2010 Actual Actual Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2009 - 2010 BUDGET Other Expenditures 10 Bond Principal 24,722 33,055 39,151 39,151 39,151 Bond Interest 37,185 41,417 35,321 35,321 35,321 TOTAL WALNUT HOUSING PROJECT 61,917 74,472 74,472 74,472 74,472 TOTAL EXPENSES 1,123,025 523,795 1,101,896 653,413 1,759,783 Item F1 #9228 - Consideration of Amendments to Chapter 5 of the Grand Island City Code Relative to Animals Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Legal Department Meeting: August 11, 2009 Subject: Amendments to Chapter 5 of the City Code Item #’s: F-1 Presenter(s): Dale Shotkoski, City Attorney or Wesley D. Nespor, Attorney Backgro und The City Council adopted a goal to monitor, review and update the City Code. These proposed revisions are part of that process. Discussion The amendments to Chapter 5 update rabies observation to mirror state law and incorporate changes suggested by the Animal Advisory Board after public input. Most of the revisions are relatively minor changes in wording to clarify the intent of the section. The word wire is being removed from the list of acceptable forms of restraint. The current code requires meetings of the Advisory Board during the first weeks of January and July. Since this is a volunteer board, greater flexibility is desirable. Requiring two meetings during the year is not necessary because the Board can be convened as needed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Take no action 3. Postpone the issue to future date Recommendation City Administration recommends that the Council approve the amend ments to Chapter 5 of the City Code. Sample Motion Move to approve the ordinance amending the City Code. ORDINANCE NO. 9228 An ordinance to amend Grand Island City Code Chapter 5 Sections 5-1, 5- 2, 5-15, 5-16, 5-25, 5-34, 5-37, and 5-43 regarding definitions, meeting dates, restraint, and rabies observation; to harmonize the code with State Statutes; to repeal sections in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 5-1, 5-2, 5-15, 5-16, 5-25, 5-34, 5-37, and 5-43 of the Grand Island City Code are amended to read as follows: §5-1. Definitions As used in this chapter, the following terms mean: Abandon. Means to leave any animal in one’s care, whether as owner or custodian, for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal’s health; Animal. Any live, vertebrate creature other than human beings. Animal Control Officer. Means any memb er of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of any city or village, Health Department employee, employee of the Animal Control Authority, or any other public official authorized by the City to enforce state or local animal control laws, rules, regulations, or ordinances. Animal Control Authority. Shall mean an entity authorized to enforce the animal control laws of the City designated by the City Council. Animal Shelter. Any facility operated by the City or the Animal Control Authority for the purpose of impounding or caring for animals held under the authority of this chapter. Auctions. Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this ordinance. This section does not apply to individual sales of animals by owners. Birds. Any feathered vertebrate, including pigeons, but excluding poultry. Bite. Any seizure with the teeth by an animal. Circus. A commercial variety show featuring animal acts for public entertainment. Commercial Animal Establishment. Any pet shop, grooming shop, auction, riding school or stable, circus, performing animal exhibition, or kennel (this term shall not include a veterinary hospital or veterinary clinic). Cruelly mistreat. Means to knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any animal; Cruelly neglect. Means to fail to provide any animal in one’s care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal’s health; Dangerous Animal. Means an animal that (i) has killed a human being; (ii) has inflicted injury on a human being that requires medical treatment; (iii) has killed a domestic animal without provocation; or (iv) has been previously determined to be a potentially dangerous animal by an animal control authority or animal control officer, the owner has received notice of such determination, and the animal inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals. An animal shall not be defined as a dangerous animal hereunder if ORDINANCE NO. 9229 (Cont.) the individual was tormenting, abusing, or assaulting the animal at the time of the injury or has, in the past, been observed or reported to have tormented, abused, or assaulted the animal. An animal shall not be defined as a dangerous animal if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass, was committing any other tort upon the property of the owner of the animal, was tormenting, abusing, or assaulting the animal, or has, in the past, been observed or reported to have tormented, abused, or assaulted the animal, or was committing or attempting to commit a crime; Domestic animal. Shall mean a cat, a dog, or livestock. Enclosure. Any tract of land intended to restrain or contain an animal by means of a building, fence, or any other means. Fowl. Any poultry, other than pigeons. Grooming Shop. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed. Health Department. Means the Central District Health Department or any agency with which the City contracts to enforce the provisions of Chapter 5 - Animals of the Grand Island City Code related to public health and welfare . Humane killing. Means the destruction of an animal by a method which causes the animal a minimum of pain and suffering. Hybrid animal. Means any animal which is the product of the breeding of a domestic dog with a nondomestic canine species; Kennel. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Livestock . Any hoofed animal commonly associated with domestic agricultural purposes, including but not limited to: horses, mules, donkeys, cows, sheep, goats, llamas, hogs. Medical treatment. Means treatment administered by a physician or other licensed health care professional. Mutilation. Means intentionally causing permanent injury, disfigurement, degradation of function, incapacitation, or imperfection to an animal. Mutilation does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices. Owner. Any person, partnership, or corporation owning, keeping, harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more or has exercised control or custody of the animal. Performing Animal Exhibition. Any spectacle, display, act, or event other than circuses in which performing animals are used. Pet. Any animal kept for pleasure rather than utility. Pet Shop. Any person, partnership, or corporation, whether operated separately or in connection with another business except for a licensed kennel, that buys, sells, or boards any species of animal. Potentially Dangerous Animal. Means (a) any animal that when unprovoked (i) inflicts an injury on a human being that does not require medical treatment, (ii) injures a domestic animal, or (iii) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or (b) any specific animal with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals. Repeated beating. Means intentional successive strikes to an animal by a person resulting in serious bodily injury or death to the animal. Restraint. Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner. Residence. The structure used as a domicile by a person or a family. Riding School or Stable. Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule, or burro. Running at Large. Running at large shall mean any dog or other animal off the premises of the owner and not under the immediate control of a person physically capable of restraining the animal by holding a leash, cord, chain, wire, rope, cage or other suitable means of physical restraint or if the animal is out of doors on the premises of the owner, the animal shall be in an adequately fenced in area or securely fastened to a leash or chain to prevent the animal from leaving the owner's premises. Scratch. Any scraping with the claws by an animal which causes an abrasion, puncture or wound of the skin. ORDINANCE NO. 9229 (Cont.) Serious injury or illness. Includes any injury or illness to any animal which creates a substantial risk of death or which causes broken bones, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. Shelter. Any structure with a roof and walls designed and/or intended to house one or more animals. Torture. Means intentionally subjecting an animal to extreme pain, suffering, or agony. Torture does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices. Veterinary Hospital or Veterinary Clinic. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseased and injured animals. Wild Animal. Any live animal normally found living in a state of nature and not normally subjected to domestication, including but not limited to: monkeys, raccoons, skunks, snakes, and lions, but excluding birds. §5-2. Animal Advisory Board; Establishment There is hereby established the Animal Advisory Board of the City of Grand Island, whose duty it shall be to advise the mayor and city council on all matters relating to this chapter. The board shall be composed of seven members: four members appointed by the mayor subject to confirmation by the city council; and the chief of police or his/her designee, the director of the Animal Control Authority or his/her designee, and the director of the department of health or his/her designee. Appointed members shall serve without compensation. The Animal Advisory Board shall meet during the first week of January and the first week of July of each year and/or such other occasions as may be established by said board. Attendance by any four or more members shall constitute a quorum. §5-15. Enclosure Required No owner shall fail to confine his or her animals within an enclosure of sufficient size and design to prevent the animal from escaping or to restrain said animal by a securely fastened rope, chain, or cordstake in such a manner as to prevent such animal from going onto any public property or onto the property of another. §5-16. Enclosures; Requirements (A) All enclosures and restraints required by §5-15 which are used to confine horses, mules, donkeys, cows, sheep, goats or llamas shall be no less than 150 feet from any residence other than the residence of the owner of said enclosure unless a waiver or variance is obtained as provided in subsection (C) below. (B) All enclosures and restraints required by §5-15 which are used to confine rabbits, birds, chickens shall be at least fifteen (15) feet from any privately-owned property abutting the owner's property. (C) The owner of any animal affected by subsection (A) may keep or maintain an enclosure within the prohibited distance by either obtaining a waiver from all property owners within the prohibited distance stating that said property owners do not object to the keeping of animals within the prohibited distance, and filing the same with the City Clerk, or obtaining a variance from the city council; provided, that no variance shall be granted by the city council for a distance less than 75 feet. The council shall consider the following factors in determining whether or not to issue a variance: (1) That the variance, if allowed, is in harmony with the general purpose and interest of this animal ordinance; (2) That there are practical difficulties or practical hardships in the way of carrying out the strict letter of this animal ordinance; (3) For the purpose of supplementing the above requirements, the council in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (i) that the majority of the applicant's neighbors have presented no objection to the proposed variance; ORDINANCE NO. 9229 (Cont.) (ii) that the variance, if granted, would not be a threat to the public health, safety, and welfare; (iii) that the variance, if granted, would not materially reduce the marketability of surrounding real property. (4) Upon the filing of a request for variance under this subsection, the city clerk shall cause notice of the time and place of the hearing for variance to be mailed to the head of all residences within one hundred fifty (150) feet of the enclosure for which the variance is sought. §5-25. Accidents Involving Animals; Duties No person who, as the operator of a motor vehicle, strikes an animal, shall fail to stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner, the police, or the animal control authorityagency for the City. §5-34. Running at Large; Restraint Required It shall be unlawful for any owner to suffer or permit any dog or other animal to run at large within the corporate limits of the City of Grand Island. "Running at Large" shall mean any dog or other animal off the premises of the owner and not under the immediate control of a person physically capable of restraining the animal by holding a leash, cord, chain, wire, rope, cage or other suitable means of physical restraint or if the animal is out of doors on the premises of the owner, the animal shall be in an adequate fenced in area or securely fastened to a leash or chain to prevent the animal from leaving the owner's premises. It shall be the duty of the city animal control officer or other appropriate city law enforcement officer to impound any dog found running at large within the City of Grand Island. Every dog found running at large in violation of this or any other section of the Grand Island City Code is declared to be a public nuisance and may be impounded. §5-37. Dangerous and Potentially Dangerous Animals Restraint; Impoundment; Confiscation (A) No owner of a dangerous or potentially dangerous animal shall fail to keep such animal securely muzzled and restrained by a leash or chain whenever off the owner's property. (B) Any dangerous animal or potentially dangerous animal in violation of §5-36 or §5-37 of the Grand Island City Code may be immediately impounded by animal control officers. The owner shall be responsible for the costs incurred by the Animal Control Authority for the care of the dangerous or potentially dangerous animal confiscated by the Animal Control Authority or for the destruction of any dangerous or potentially dangerous animal if the action by the Animal Control Authority is pursuant to law. (C) In the event an animal conforming to the definition of potentially dangerous animal inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals , the potentially dangerous animal shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (D) An animal conforming to the definition of dangerous animal shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (E) Disposition of any animal impounded under this chapter shall be governed by §5-44. §5-43. Rabies Control; Reporting and Impoundment (1) Any animal which is owned by a person and has bitten any person or caused an abrasion of the skin of any person shall be seized by the animal control authority for a period of not less than ten days if: (a) The animal is suspected of having rabies, regardless of the species and whether or not the animal has been vaccinated; (b) The animal is not vaccinated and is of a species determined by the State of Nebraska to be a rabid species; or (c) The animal is of a species which has been determined by the State of Nebraska to be a rabid species not amenable to rabies protection by immunization, whether or not such animal has been vaccinated. If, after observation and examination by a veterinarian, at the end of the ten-day period the ORDINANCE NO. 9229 (Cont.) animal shows no clinical signs of rabies, the animal may be released to its owner unless otherwise prohibited by law. (2)(a) Except as provided in subdivision (b) of this subsection, whenever any person has been bitten or has an abrasion of the skin caused by an animal owned by another person, which animal has been vaccinated in accordance with State law or regulation or if such injury to a person is caused by an owned animal determined by the State of Nebraska to be a rabid species amenable to rabies protection by immunization which has been vaccinated, such animal shall be confined by the owner or other responsible person as required by the animal control authority for a period of at least ten days and shall be observed and examined by a veterinarian at the end of such ten-day period. If no clinical signs of rabies are found by the veterinarian, such animal may be released from confinement unless ownership of the animal is otherwise prohibited by law. (b) A vaccinated animal owned by a law enforcement or governmental military agency which bites or causes an abrasion of the skin of any person during training or the performance of the animal's duties may be confined as provided in subdivision (a) of this subsection. Such agency shall maintain ownership of and shall control and supervise the actions of such animal for a period of fifteen days following such injury. If during such period the death of the animal occurs for any reason, a veterinarian shall within twenty-four hours of the death examine the tissues of the animal for clinical signs of rabies. (3) Any animal of a rabid species which has bitten a person or caused an abrasion of the skin of a person and which is unowned or the ownership of which cannot be determined within seventy-two hours of the time of the bite or abrasion shall be immediately subject to any tests which the animal control authority believes are necessary to determine whether the animal is afflicted with rabies. The seventy-two-hour period shall include holidays and weekends and shall not be extended for any reason. The tests required by this subsection may include tests which require the animal to be destroyed. (A) Any unvaccinated dog or cat suspected of biting or scratching any person or exposing an individual to the possibility of contracting rabies shall be taken into custody by an animal control officer or police officer and impounded in the animal shelter for a period of not less than ten days, or such additional period as directed by a licensed veterinarian or medical professional treating the aforementioned injury. (B) Any dog or cat currently vaccinated for rabies which is suspected of biting or scratching any person shall be confined by the owner of the animal for a period of not less than ten days; provided, that impoundment in the animal shelter shall be required if the victim, victim's legal guardian, or the victim's physician requests such impoundment; and provided further, that if said owner has on any prior occasion of a dog or cat bite or scratch, failed or refused to confine the animal as required by this section, said animal shall be impounded at the animal shelter or a veterinary clinic of the owner's choosing. (C) Any ferret suspected of biting any person or exposing an individual to the possibility of contracting rabies shall be taken into custody by an animal control officer or police officer for immediate euthanization for the determination of rabies. Any ferret suspected of scratching any person shall be taken into custody by an animal control officer or police officer for immediate euthanization for determination of rabies if there is reasonable cause to believe said ferret has exposed such person to the possibility of contracting rabies. (D) No owner of an animal suspected of biting or scratching any person, upon information and notice of the incident, shall fail or neglect to immediately place the animal in the custody of an animal control officer or police officer for impoundment at the animal shelter. Upon request and authorization by the owner of any animal impounded for observation under subsections (A), (B) or (C) above, said animal may be placed in the custody of a licensed veterinarian for the requisite observation period. (4E) All incidents of biting or scratching shall be reported in writing to the Animal Control Authority by the medical professional treating the injury, the injured party, or in the case of a minor child, the parent or guardian. (F) The term "scratching" as used in this section shall include only those incidents which result from known or suspected aggressive action or attack by a dog, cat or ferret. (5) In the case of domestic or hybrid animals known to have been bitten by a rabid animal, the following rules shall apply: (a) If the bitten or exposed domestic or hybrid animal has not been vaccinated in accordance with State statute, such bitten or exposed domestic or hybrid animal shall be immediately destroyed unless the owner is willing to place such domestic or hybrid animal in strict isolation in a kennel under veterinary supervision for a period of not less than six months; and ORDINANCE NO. 9229 (Cont.) (b) If the bitten or exposed domestic or hybrid animal has been vaccinated in accordance with State statutes , such domestic or hybrid animal shall be subject to the following procedure: (1) Such domestic or hybrid animal shall be immediately revaccinated and confined for a period of not less than thirty days following vaccination; (2) if such domestic or hybrid animal is not immediately revaccinated, such domestic or hybrid animal shall be confined in strict isolation in a kennel for a period of not less than six months under the supervision of a veterinarian; or (3) such domestic or hybrid animal shall be destroyed if the owner does not comply with either subdivision (1) or (2) of this subdivision. SECTION 2. The foregoing sections of Chapter 5 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within fifteen days as provided by law. Enacted: August 11, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ August 7, 2009 ¤ City Attorney Item G1 Approving Minutes of July 28, 2009 City Council Regular Meeting Tuesday, August 11, 2009 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 July 28, 2009 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 July 28, 2009. Notice of the meeting was given in The Grand Island Independent on July 22, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Carney, Ramsey, Nickerson, Zapata and Gericke. Councilmember’s Haase and Dugan were absent. The following City Officials were present: City Administrator Jeff Pederson, Deputy City Clerk Paul Briseno, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council member Lauren Cantrell. Mentioned was an invitation to the community for the Movie in the Park event this Friday, July 31 at Stolley Park beginning at 7:30 p.m. PRESENTATIONS AND PROCLAMATIONS: Recognition of 2008-2009 Community Youth Council. Wendy Myer-Jerke, Public Information Officer gave a short presentation and video of activities of the CYC students over the past year. The Mayor and City Council recognized the following Community Youth Council (CYC) members: Sophomores – Lauren Cantrell, Danielle Jim, Ava Mackey, Katrina Molholm, Garrett Coble, and Andres Gamboa: Juniors – Audie Aguilar, Miranda Baxter, Sarah Stoltenberg, Zach Stauffer, and Austin Witmer: Seniors – Kayla Harris, Paige Liess, Claire Mackey, Michael Rivera, Zach Schultz, Malorie Meier, Sammy Saiyavongsa, Sam Schneider, Caitlynn Schwehn, Mikayla Walsh, and Emily Michael. Board Members – Carole Ostdiek, Celine Stahlnecker, and Butch Hurst. Those not present were: CYC students: Garrett Coble, Andres Gamboa, Zach Stauffer, Austin Witmer, Mikayla Walsh, Emily Michael and Board Members – Adrian Velez, Ed Jarosik, Darren Sanchez, Liz Mayfield, and Randy See. PUBLIC HEARINGS: Public Hearing on Request from Hornady FLP on Behalf of Midland Telecom for a Conditional Use Permit for a Communications Tower Located at 3625 West Old Potash Highway. Craig Lewis, Building Department Director reported that Patrick Buettner, representing Midland Telecom, Telephone Systems of NE, Inc. had submitted an application to allow for the construction of a 190 foot lattice telecommunication tower located at 3625 West Old Potash Highway. Staff recommended approval with a 15 foot setback. No public testimony was heard. Public Hearing on Acquisition of Detention Cell Land in Lots Two (2) and Three (3) and Outlot A of Springdale Second Subdivision (Springdale, LLC). Steve Riehle, Public Works Director reported that Karen Bredthauer, developer of Springdale Subdivision was willing to donate Page 2, City Council Regular Meeting, July 28, 2009 detention cell land along with ingress/egress easements for access to the cell to the city. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Consent Agenda Item G-9 was pulled for further discussion. Motion by Zapata, second by Ramsey to approve the Consent Agenda excluding Item G-9. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 13, 2009 Annual Joint Central District Health Department Meeting. Approving Minutes of July 14, 2009 City Council Regular Meeting. Approving Minutes of July 21, 2009 City Council Study Session. Approving Re-Appointments of Marv Webb, Mike Wenzl, Todd Enck, and New Appointment of Brad Kissler to the Building Code Advisory Board. Approving Re-Appointments of Al Avery, Glen Murray, John Schultz, Mike Nolan and Karen Bredthauer and New Appointment of Deb Trosper to the Zoning Board of Adjustment. #2009-175 – Approving FY 2009-2010 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting Date for Board of Equalization. #2009-176 – Approving FY 2009-2010 Annual Budget for Business Improvement District #6, Second Street, and Setting Date for Board of Equalization. #2009-177 – Approving FY 2009-2010 Annual Budget for Business Improvement District #7, South Locust Street from Highway 34 to Stolley Park Road, and Setting Date for Board of Equalization. #2009-179 – Approving Acquisition of Detention Cell Land in Lots Two (2) and Three (3) and Outlot A of Springdale Second Subdivision (Springdale, LLC). #2009-180 – Approving Supplemental Agreement No. 1 with NDOR for South Locust Street Phase 2 (Northbound) Roadway Construction. #2009-181 – Approving Change Order No. 1 for Asphalt Maintenance Project 2009-AC-1 with J.I>L> Asphalt Paving Company of Grand Island, Nebraska for an Increase of $46,939.98 and a Revised Contract Amount of $723,698.48. #2009-182 – Approving Change Order No. 1 for Sanitary Sewer District No. 76 Replacement; Vine Street, Between Ashton Avenue and Koenig Street with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $4,000.00 and a Revised Contract Amount of $215,322.19. #2009-183 – Approving Purchase of a Skid Steer Loader for Use in Concrete Repair Operations at the Streets Division of the Public Works Department with Central Nebraska Bobcat of Grand Page 3, City Council Regular Meeting, July 28, 2009 Island, Nebraska in an Amount of $24,730.59 plus trade in of $22,105.59 for a Total Amount of $2,625.00. #2009-184 – Approving Deed of Reconveyance of Property at Lot 1 Platte Valley Industrial Park (Grand Island Area Economic Development Corporation). #2009-185 – Approving Extension Request for Community Development Block Grant #08-CR- 002 Phase 3. #2009-186 – Approving Bid Award for Ambulance Remount with Arrow Manufacturing, Inc. of Rock Rapids, Iowa in an Amount of $79,914.00. #2009-187 – Approving Engineering Services for the Veterans Home Complex with Olsson Associates of Grand Island and Lincoln, Nebraska in an Amount of $29,800.00. Consideration of City Council Result Maps. #2009-178 – Approving FY 2009-2010 Annual Budget for Business Improvement District #8, Downtown, and Setting date for Board of Equalization. Councilmember Carney inquired of the accounting cost provided by the city, other revenue line item, who sets the levy amount, and the amount the Chamber receives for administration of the business improvement district. Dave Springer, Finance Director, advised Councilmember Carney that the city charges $4,000 for accounting services, donations and fundraising are identified within the other revenue line item, the Council sets the levy amount, and the Chamber charges $20,000 annually. Motio n by Meyer, second by Gericke to approve Resolution #2009-178. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Hornady FLP on Behalf of Midland Telecom for a Conditional Use Permit for a Communications Tower Located at 3625 West Old Potash Highway. This item related to the aforementioned Public Hearing. Mayor Hornady excused herself due to a conflict of interest and President Robert Meyer took her place. Councilmember Gilbert asked staff if this was the appropriate time to bring this county industrial track into the city as its use has changed. City Attorney, Dale Shotkoski and Building Director, Craig Lewis did not agree. City Administrator Jeff Pederson also spoke to the issue stating it would be appropriate to address the annexation of the property in the future pending league discussion. Councilmember’s Meyer and Carney also discussed the issue. Motion by Nickerson, second by Gericke to approve the request from Hornady FLP on behalf of Midland Telecom for a conditional Use Permit for a Communications Tower Located at 3625 West Old Potash Highway with the condition that the applicant will conform with the purpose of the zoning regulations of 15 foot set back. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Gilbert voted no. Motion adopted. Page 4, City Council Regular Meeting, July 28, 2009 PAYMENT OF CLAIMS: Motion by Meyer, second by Ramsey to approve the Claims for the period of July 15, 2009 through July 28, 2009, for a total amount of $2,648,032.78. Unanimously approved. Motion by Meyer, second by Gericke to approve the Claim for the Veterans Athletic Complex for the Period of June 29, 2009 through July 28, 2009, for a total amount of $750.00. Unanimously approved. Motion by Meyer, second by Gericke to approve the claim for the Recreational Building in the amount of $30,235.94. ADJOURNMENT: The meeting was adjourned at 8:55 p.m. Paul Briseno Deputy City Clerk Item G2 Approving Re-Appointment of Doug Jensen to the Animal Advisory Board The Mayor has submitted the re-appointment of Doug Jensen to the Animal Advisory Board. This appointment would become effective August 14, 2009 upon approval by the City Council and would expire on August 13, 2012. Approval is recommended. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G3 Approving Request from Kelsey Scoggins, 103 West 22nd Street for Liquor Manager Designation for the United Veterans Club, 1914 West Capital Avenue Tuesday, August 11, 2009 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: August 11, 2009 Subject: Request from Kelsey Scoggins, 103 West 22nd Street for Liquor Manager Designation for United Veterans Club, 1914 West Capital Avenue Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Kelsey Scoggins, 103 West 22nd Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-08618” Liquor License for United Veterans Club, 1914 West Capital Avenue. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Kelsey Scoggins, 103 West 22nd Street for Liquor Manager Designation in conjunction with the Class “C-08618” Liquor License for United Veterans Club, 1914 West Capital Avenue with the stipulation that Ms. Scoggins complete a state approved alcohol server/seller training program. Item G4 Approving Request of Fonner Park Exposition and Events Center, Inc. for Ratification of Election of Board of Directors At the December 21, 1998 City Council Meeting, Resolution #98-332 was adopted supporting the application of Fonner Park to the Internal Revenue Service for a 501(c)(3) exemption for construction and operation of an Exposition and Events Center. This approval created the formation of the Fonner Park Exposition and Events Center, Inc. The Internal Revenue Service requires the election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. be ratified by the Grand Island City Council. The appointments of George Wanitschke, Steve Dowding, Jim Cannon, Barry Sandstrom, and Scott Zana to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. are recommended. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G5 #2009-188 - Approving Acquisition of Utility Easement - 4811 Gold Core Drive - Brown This item relates to the aforementioned Public Hearing Item E-1. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-188 WHEREAS, a public utility easement is required by the City of Grand Island, from Joseph M. Brown and Lori J. Brown, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on August 11, 2009, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Beginning at the northwest corner of Lot Two (2) Platte Valley Industrial Park Sixth Subdivision in the City of Grand Island, Hall County, Nebraska; thence easterly along the northerly line of said Lot Two (2), a distance of five (5.0) feet; thence southerly and parallel with the westerly line of said Lot Two (2), a distance of twenty one and one tenth (21.1) feet; thence easterly and perpendicular to the westerly line of said Lot Two (2), a distance of forty five and seventy four hundredths (45.74) feet; thence southerly and parallel with the westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence westerly and perpendicular with the westerly line of said Lot Two (2), a distance of forty five and seventy four hundredths (45.74) feet; thence southerly and parallel with the westerly line of said Lot Two (2), a distance of three hundred sixty seven and four tenths (367.4) feet to a point on the southerly line of said Lot Two (2); thence westerly along the southerly line of said Lot Two (2), a distance of five (5.0) feet to the southwest corner of said Lot Two (2); thence northerly along the westerly line of said Lot Two (2), a distance of four hundred eight and five tenths (408.5) feet to the northwest corner of said Lot Two (2) being the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.068 acres, more or less, as shown on the plat dated 7/21/2009, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Joseph M. Brown and Lori J. Brown, on the above- described tract of land. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, August 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2009-189 - Approving Acquisition of Utility Easement - 731 Allen Drive - Highway Motels of Nebraska, Inc. This item relates to the aforementioned Public Hearing Item E-2. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-189 WHEREAS, a public utility easement is required by the City of Grand Island, from Highway Motels of Nebraska, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on August 11, 2009, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the southeast corner of Lot Two (2) Meadowlark West Fifth Subdivision located in the City of Grand Island, Hall County, Nebraska; thence northerly along the easterly line of said Lot Two (2), a distance of eighty four (84.0) feet to the ACTUAL Point of Beginning; thence westerly, parallel with the northerly line of said Lot Two (2), a distance of one hundred sixteen (116.0) feet; thence northerly, parallel with the easterly line of said Lot Two (2), a distance of twenty (20.0) feet; thence easterly, parallel with the northerly line of said Lot Two (2), a distance of one hundred sixteen (116.0) feet to a point on the easterly line of said Lot Two (2); thence southerly along the easterly line of said Lot Two (2), a distance of twenty (20.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing 0.053 acres, more or less, as shown on the plat dated 7/29/2009, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Highway Motels of Nebraska, Inc.,, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2009-190 - Approving Pipeline Crossing and Encroachment Agreement at Husker Hwy. & UP Railroad Crossing for Water Main Project 2009-W-3 - Alda Water Main Project Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Dale Shotkoski, City Attorney Meeting: August 11, 2009 Subject: Pipeline Crossing and Encroachment Agreement with Union Pacific Railroad for Water Main Project 2009-W-3 – Alda Water Main Project Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background In 2006 the Village of Alda contacted the Utilities Department regarding the possibility of the City of Grand Island providing water supply to the Village. At that time, the Village was beginning the processes of evaluating options to replace their current wells being used for water supply. The Village is under an Administrative Order from the Nebraska Department of Health and Human Services because the current wells do not meet the recently implemented regulations regarding uranium, a naturally occurring contaminate common in central Nebraska. One of the options being investigated was the construction of a water line from the southwest portion of Grand Island’s present water distribution system to the Village. Information received from the Village’s engineers, JEO Consulting Group, states that the water usage averages approximately 142,322 gallons per day (gpd). For reference, Grand Island water usage averages approximately 11,500,000 gpd. The Village of Alda is located about 2.25 miles southwest from the closet point to the Grand Island water distribution system. This distance is also up-gradient. JEO conducted an engineering evaluation of a potential connecting pipeline and concluded that the project was feasible. Generally, the connecting line from Grand Island would supply water to a metering and pumping station located on the eastern edge of the Village. At that point, the pumping station would boost pressure to supply Alda’s needs and fill their water tower. With the feasibility of the project confirmed, the Village proceeded with the pursuit of options for funding, through a grant from the U.S. Department of Agriculture, Rural Development Fund. Since a large portion on the proposed water line would be in an area immediately adjacent to the Grand Island City Limits, City staff thought it important that the construction of that line be in compliance with current Grand Island standards and be constructed so as not to be a hindrance to future City expansion of water infrastructure required as the City grows, and not present problems of service area jurisdiction between the two communities. City Staff also advised that the Alda representatives should consider these discussions, just that, discussions. Any decisions as to whether or not the City of Grand Island participates in this proposed project rests with the City Council. Initially, the staff discussions developed a program whereby the new line would be constructed to serve the Alda requirements, utilizing the grant funding, and then be turned over to the Grand Island Water Department for future maintenance, operation and use. That achieved the purpose of the program, to provide alternate water supply to Alda, alleviated the need for Alda to maintain the line, and provided for use of the line by the City for future development as Grand Island grows. But that program ran into a snag when the federal authorities determined that the federally funded line must continue to be owned by the Village of Alda since they were the party receiving the funding. Later it was determined that Grand Island could charge a “Connection Fee”, which could be paid from the grant funding. At that time, the staff and consultants from the two communities set about re-developing the program to try to achieve the original purpose of providing for water supply to Alda while maintaining the ability of Grand Island to grow along the route without interference. That led to a shift of the construction responsibility from the Village to the Grand Island Water Department, with the connection fee based on the cost of construction. With this shift in responsibility, Grand Island assumes significantly more risk, in that the City is now responsible for route selection, design, specification, bidding, contract administration, construction residency, testing and final certifications. Discussion In reviewing the possible methods and routes, Utility Engineering evaluated several different combinations of routing, line sizing and western terminus points to accomplish the connection of the Grand Island water distribution system to the Village of Alda. Seven potential routes were considered. Each achieves the basic purpose of the connection, but there are variations in the routes and sizes of the water line and in the eastern terminus, i.e. where the Water Department’s responsibility for line construction would end at the east edge of Alda, either at a point within the Village limits or at a point outside the Village limits nearer Grand Island. Additionally, the most direct route, which would parallel U.S. Highway 30, would involve the acquisition of Right-of-Way (ROW) access from Union Pacific Railroad or the acquisition of ROW or easements from private property owners along the route adjacent to the railroad land. Some of the alternate routes developed would allow water piping to be installed in existing public ROW. In all cases, the Village of Alda will have additional construction within their water service area to incorporate the new connecting line into their water system. A major consideration in route evaluation was benefit to the future expansion of the City of Grand Island. A map of a route agreeable at the staff level is attached. It provides extension of the Grand Island water distribution system trunk line in Husker Highway to the east boundary of the Ordinance Plant, then south along 60th Road to U.S. Highway 30, in accordance with the City’s standards. The total connection fee is $1,060,000 to be paid by the Village of Alda from the federal grant funds. 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 Pipeline Crossing and Encroachment Agreement between the City of Grand Island and Union Pacific Railroad. Sample Motion Move to approve the Pipeline Crossing and Encroachment Agreement between the City of Grand Island and Union Pacific Railroad. Approved as to Form ¤ ___________ August 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-190 WHEREAS, the construction of Water Main Project 2009-W-3 will require crossing the Union Pacific railroad tracks at Husker Highway on the west side of Grand Island; and WHEREAS, the Union Pacific Railroad requires a Pipeline Crossing Agreement to be entered into for persons crossing its property for such purposes with a one-time lease payment of $10,606.00; and WHEREAS, the Union Pacific Railroad requires Protective Liability Insurance, and the premium for the required insurance coverage is $1,800.00; and WHEREAS, a one-time payment of $12,406.00 to the railroad is required for use of its property and for Protective Liability Insurance for this project; and WHEREAS, the City Attorney’s office has reviewed the proposed Pipeline Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pipeline Crossing Agreement, by and between the City and the Union Pacific Railroad Company and the Railroad Protective Liability Insurance, for use of its property for the construction and maintenance of Water Main Project 2009-W-3, are hereby approved; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009-191 - Approving Bid Award for One (1) 10" Raw Sewage Pump for the Wastewater Division of the Public Works Department Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 11, 2009 Subject: Approving Bid Award for One (1) 10" Raw Sewage Pump for the Wastewater Division of the Public Works Department Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background On July 9, 2009 the Wastewater Division of the Public Works Department advertised for bids for one (1) 10" raw sewage pump. The pump replaces one of the original pumps that was installed in the main pump building in 1965. Discussion Three (3) bids were received and opened on July 16, 2009. The Wastewater Division of the Public Works Department and the Purchasing Division of the City's Attorney's Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Bert Gurney & Associates, Omaha, NE Noted $29,095.00 Global Treatment Systems, Grand Island, NE Noted $33,830.05 Electric Pump, Inc., Des Moines, IA Noted $34,983.00 The bids submitted by each vendor noted exceptions, however all are deemed to be acceptable. The only exception by Bert Gurney was that the drive shaft would have to be extended because the pump height does not exactly match the original pump. The bids submitted by Bert Gurney and Global Treatment Systems both included the exception on the pump shaft. The work by the City to lengthen the pump shaft is estimated at less than $1,000. Sufficient funds are available in account no. 53030051.85325 for the purchase. 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 Public Works Administration recommends that the Council approve the bid award to Bert Gurney & Associates of Omaha, Nebraska in the amount of $29,095.00. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 16, 2009 at 11:00 a.m. FOR: (1) 10” Raw Sewage Pump DEPARTMENT: Public Works ESTIMATE: $30,000.00 FUND/ACCOUNT: 53030051-85325 PUBLICATION DATE: July 9, 2009 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Electric Pump, Inc. Global Treatment Systems Des Moines, IA Grand Island, NE Exceptions: Noted Noted Bid Price: $34,983.00 $33,830.05 Bidder: Bert Gurney & Associates Omaha, NE Exceptions: Noted Bid Price: $29,095.00 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator John Rundle, Maintenance Supervisor P1351 Approved as to Form ¤ ___________ August 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-191 WHEREAS, the City of Grand Island invited sealed bids for one (1) 10” raw sewage pump for the Wastewater Division of the Public Works Department, according to plans and specifications on file with the Public Works Department; and WHEREAS, on July 16, 2009 bids were received, opened and reviewed; and WHEREAS, Bert Gurney & Associates of Omaha, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $29,095.00; and WHEREAS, Bert Gurney & Associates’ bid is less than the estimate for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Bert Gurney & Associates of Omaha, Nebraska in the amount of $29,095.00 for one (1) 10” raw sewage pump is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-192 - Approving Contract with IES Industrial, Inc. for Project WW050 Replacement SCADA System for Waste Water Treatment Plant, City of Grand Island Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 11, 2009 Subject: Approving award of contract on project WW050 for Replacement SCADA System at the Waste Water Treatment Plant Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background The City Council approved an agreement with Huffman Engineering, Inc. of Lincoln, Nebraska on June 24, 2008 for professional consulting engineering services on the SCADA System for the Waste Water Treatment Plant. SCADA stands for Supervisory Control And Data Acquisition. It is the industrial control system with computers that monitor and control the waste water treatment process. Design work was completed with plans and specifications approved by the City in June of 2009. The advertisement to bidders for the project was published in the Grand Island Daily Independent on June 30, 2009. Discussion Two (2) bids were received on July 22, 2009 and reviewed by Waste Water and Engineering Staff in the Public Works Department and also by the Assistant City Attorney as the Procurement Agent for the City. BIDDER IES INDUSTRIAL MIDDLETON ELECTRIC LUMP SUM $379,890 $450,900 ALTERNATE A (ADD) HMI System Server computers, HMI System Database Computers, LCD Flat Panel Monitors, Computer Accessories, and Spare Computers Per Specification Section 13502 $16,429 $16,890 ALTERNATE B (ADD) Programming/Development Laptop Computer per Specification Section 13502 $ 1,209 $ 1,205 ALTERNATE C (ADD) HMI Software, PLC Programming Software, Alarming Software and Modems per Specification Sections 13502 and 13500 $36,241 $38,560 TOTALS $433,769 $507,555 EXCEPTIONS Noted1 None Footnote (1) 1. Price includes the Specter Instruments Dilaogic card for the WIN-911-TEP-HB, this item is not shown in specification section 13502 2.9 2. Price does not include tax on material. IES Industrial submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to approve and execute the contract with IES Industrial, Inc. of Grand Island, Nebraska on behalf of the City of Grand Island. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation Public Works Administration recommends that the Council approve a Resolut ion to award the contract with IES Industrial, Inc. of Grand Island, Nebraska and authorize the mayor to sign the contract for the base bid plus all of the add alternatives. Sample Motion Motion to award the contract to IES Industrial, Inc. of Grand Island, Nebraska. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 22, 2009 at 11:00 a.m. FOR: Replacement SCADA System, Project WW050 DEPARTMENT: Public Works ESTIMATE: $600,000.00 FUND/ACCOUNT: 53030054-85213-53008 PUBLICATION DATE: June 30, 2009 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: IES Industrial Middleton Electric Inc Grand Island, NE Grand Island, NE Bid Security: Bond Bond Exceptions: Noted None Bid Price: $379,890 $450,900 Alternate A $16,429 $16,890 Alternate B $1,209 $1,205 Alternate C $36,241 $38,560 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Roger Scott, Projects Engineer P1348 RESOLUTION 2009-192 WHEREAS, Advertisement to Bidders for Project WW050 Replacement SCADA System for City of Grand Island, Wastewater Division was published in the Grand Island Daily Independent on June 30, 2009; and WHEREAS, the City of Grand Island invited sealed bids for the furnishing of materials and services for the Project WW050 Replacement SCADA System, according to plans and specifications on file with the City Clerk; and WHEREAS, on July 22, 2009, bids were received, opened and reviewed; and WHEREAS, IES Industrial, Inc., of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the lump sum bid price for base bid in the amount of $379,890.00; plus Alternate A HMI System Server Computers, HMI System Database Computers, LCD Flat Panel Monitors, Computer Accessories, and Spare Computers in the amount of $16,429.00, Alternate B Programming/Developme nt Laptop computer in the amount of $1,209.00 and Alternate C HMI Software, PLC Programming Software, Alarming Software and Modems in the amount of $36,241.00 for a total bid amount of $433,769.00; and WHEREAS, the sum of the low bids for project is below the estimate of such project; and WHEREAS, such Bid is reasonable and acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of IES Industrial, Inc. of Grand Island, Nebraska, in the amount of $433,769.00 for furnishing materials and services for WW050 Replacement SCADA System is hereby approved as the lowest responsible bid. 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, August 11, 2009. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form June 22, 2006 City Attorney Item G10 #2009-193 - Approving Renewal of Contract for Employee Assistance Program (EAP) Services Tuesday, August 11, 2009 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: August 11, 2009 Subject: EAP Contract Item #’s: G-10 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island has provided its employees with an Employee Assistance Program (EAP) benefit for the past twelve years. This benefit is designed to provide employees with mental health or substance abuse counseling by qualified mental health professionals. The services provided assist employees with matters of a personal nature. The City has also benefited from management training and in-house employee training on various issues dealing with things like sexual harassment, parenting, stress management, budgeting, etc. The City currently has a contract with Family Resources of Greater Nebraska that will expire this fiscal year. Discussion The City and its employees have enjoyed a professional relationship with Family Resources over the past few years. The contract extension submitted by Family Resources provides the best overall package to meet the needs of both the City and its employees. The contract will be extended with no changes in price or benefits. By extending this contract for one more year, it allows the City to stagger the contract dates of its various benefits allowing more time to better analyze benefit options and costs. 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 one year contract extension for EAP services with Family Resources of Greater Nebraska. Sample Motion Move to approve a one year contract extension with for EAP services with Family Resources of Greater Nebraska. Approved as to Form ¤ ___________ August 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-193 WHEREAS, the City of Grand Island has had a contract with Family Resources of Greater Nebraska to provide an Employee Assistance Program; and WHEREAS, the contract states the City of Grand Island and Family Resources of Greater Nebraska has the ability to extend the contract if mutually agreeable; and WHEREAS, Family Resources of Greater Nebraska and the City of Grand Island have mutually agreed to a one year extension of the contract contained therein at a cost of $14,475.00; and WHEREAS, the proposed contract extension with Family Resources of Greater Nebraska for such services has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposed contract extension of Family Resources of Greater Nebraska, for an Employee Assistance Program at an annual cost of $14,475.00 for a one year period is hereby approved. BE IT FURTHER RESOLVED, that one-year agreement between the City and such contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of July 29 2009 through August 11, 2009 The Claims for the period of July 29, 2009 through August 11, 2009 for a total amount of $2,525,406.60. A MOTION is in order. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of July 29, 2009 through August 11, 2009 for State Fair Recreation Building The Claims for the Recreational Building for the following requisitions. #2 $13,700.00 A MOTION is in order. Tuesday, August 11, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council