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08-25-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 25, 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 E1 Public Hearing on Request from Tycoon Ltd., LLC dba Empire, 123 East South Front Street for a Class “C” Liquor License Tuesday, August 25, 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 25, 2009 Subject: Public Hearing on Request from Tycoon Ltd., LLC dba Empire, 123 East South Front 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 Tycoon Ltd., LLC dba Empire, 123 East South Front 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. 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. Also submitted was a Liquor Manager Designation for David Karmazin, 2981 Highway 4, Lawrence, Nebraska. Alternatives It appears tha t 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 of Tycoon Ltd., LLC dba Empire, 123 East South Front Street for a Class “C” Liquor License contingent upon final inspections and the request from David Karmazin, 2981 Highway 4, Lawrence, Nebraska for a Liquor Manager Designation contingent upon Mr. Karmazin completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from Mosaic Group Home for a Conditional Use Permit for a Mosaic Group Home Located at 2905 West 5th Street Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: August 25, 2009 Subject: Request of Mosaic Group Home for Approval of a Conditional Use Permit to Allow Construction of a Group Care Home at 2905 West 5th Street Item #’s: E-2 & H-1 Presenter(s): Craig Lewis, Building Department Director Background This request is for the approval of a Conditional Use Permit to allow for the construction of a group home facility at 2905 West 5th Street. The property is currently zoned R-2 Low Density Residential and as such group home facilities are listed in the zoning matrix as a permitted conditional use requiring approval of the City Council. Discussion The proposal is to construct a six bedroom facility for individuals with disabilities providing health and custodial care on a 24 hour basis from a residential setting. The facility will be constructed in conformance with the International Building Code as an institutional occupancy classification, that classification provides life safety requirements in addition to those required in a residential dwelling. A conditional use by definition is a use where allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics would not be detrimental to public health, safety, and general welfare. The submitted drawing identifying the location of the proposed building appears to utilize three of the adjacent lots for the development. Either an administrative subdivision combining these lots into one needs to be presented and approved or the building needs to be constructed across the property lines of these three lots to tie the lots together as one lot, or the applicable setbacks need to be provided from the existing property lines. Any approvals should as a condition require compliance with zoning setback requirements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for the Conditional Use Permit finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Disapprove or /Deny the Request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and a finding of fact. 4. Refer the matter to special committee for a determination of a finding of fact. Recommendation Approve the request, finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit, finding that the application conforms with the purpose of the zoning regulations. Item E3 Public Hearing on Amendments to Chapter 36-96 Off-Street Parking Requirements Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 25, 2009 Subject: Amendments to be Considered Pertain to §36-96 Off- Street Parking Requirements. (C-21-2009GI) Item #’s: E-3 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to §36-96 Off- Street Parking Requirements. Discussion At the regular meeting of the Regional Planning Commission, held August 5th, 2009, the above item was considered following a public hearing. From the Planning Commission Meeting: O’Neill opened the Public Hearing. Nabity explained the changes proposed here were suggested by City of Grand Island Staff in response to the relocation of the Nebraska State Fair to Fonner Park. While these changes will address issues that will arise during the State Fair, the changes are not specific to the State Fair or the Fonner Park grounds; they also address issues for similar events at other locations in the city and its 2 mile ETJ. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-96. Off-Street Parking Requirements (A) Purposes: (1) It is the intent of this section that all buildings and uses shall provide off- street parking and loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private property and under the same ownership as such buildings or uses. The accommodations may consist of lots, garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the ground. (2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be sited and built according to the requirements contained in this section, and shall require an application for and issuance of a building permit pursuant to §8-22. (B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading facility and space hereafter constructed, upon proper application and permit being granted shall be sited and constructed pursuant to the requirements of this section. No application for a building permit for such building, addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of off-street parking and loading spaces as required herein for the existing or proposed building or use and including all such additions or alterations. No occupancy or use permit shall be issued unless the required parking and loading facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all zones and districts but not to include the following business districts or tracts of land as identified below: (1) Central Business District as identified and described in Chapter 13 of this code as the Downtown Improvement and Parking District No. 1. (2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore Street; thence southerly on Sycamore Street to 100 feet south of the south right-of-way line of North Front Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street to the point of beginning. (3) tracts of land ten acres or more used for seasonal events(1 event every 3 months) of not more than 14 consecutive days in duration and a minimum of 14 days between events.. Nabity further stated Fonner Park appears to have sufficient hard surface parking to accommodate the existing buildings and the new buildings to be placed on site for the State Fair. Areas that have improved parking will be used for the Midway, food vendors and possibly display areas during the State Fair. These areas will not be available for parking during the fair. The current regulations do not make any provisions for parking on unimproved surfaces. These proposed changes would allow Fonner Park and others such as the Heartland Shooting Park, Grand Island Airport and even Stuhr Museum to use unimproved parking for seasonal events lasting not longer than 14 days. As long as these events are temporary in nature and seasonal they are unlikely to create regular and significant issues with dust. It is not the intent of this change to permit the development of parking areas with gravel, crushed rock, asphalt millings or other non-dust free surfaces. If the parking were required to be improved it would increase the likelihood of drainage problems in the area as paved surfaces shed more water and shed water faster than unpaved surfaces. For events that are held regularly it is appropriate to find some other means of handling the drainage; for events that are sporadic or seasonal it is more appropriate to allow grassed areas that will not shed water quickly. O’Neill asked for any questions or comments from the audience, David Plautz, 4063 Manchester, Grand Island, spoke about the need for some type of surfacing other than grass. He stated grass doesn’t give the right impression. Snodgrass stated gravel eventually works into the soil, recycled asphalt or crushed rock may be an option. Aguilar stated people from out of town don’t expect hard paving; it will not come as a shock, many events across the state have their parking needs met with parking on grass. Aguilar mentioned the State Fair in Lincoln and College World Series as examples. Nabity stated gravel is not a dust free surface, with the water park nearby grass would be the better choice. Heineman noted she would like to see a strategic plan for the parking layout. O’Neill closed the Public Hearing and asked for motions regarding the proposed change to the Text Amendment. A motion was made by Eriksen and seconded by Haskins, to recommend approval to amend the parking regulations pertaining to the §36-96 Off-Street Parking Requirements as presented. With the concurrence of Eriksen and Haskins, O’Neill added the following findings of fact: a parcel of more than 10 acres would house large events a smaller parcel less would pose special problems for parking and the event; these provisions will minimize issues with runoff and stormwater on the site; these provision will reduces infrastructure costs. Haskins added the 14 day restriction would help prevent further problems. Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Text Amendment request as presented 2. Modify the Text Amendment request to meet the wishes of the Council 3. Postpone the issue Recommendation A motion was made by Eriksen and seconded by Haskins, to recommend approval to amend the parking regulations pertaining to the §36-96 Off-Street Parking Requirements as presented. A roll call vote was taken and the motion passed with 10 members present, 10 voting in favor (Aguilar, O’Neill, Ruge, Haskins, Reynolds, Monter, Eriksen, Bredthauer, Heineman, Snodgrass) and no member present voting against. Sample Motion Move to approve the ordinance to approve the Amendment change to §36-96 Off-Street Parking Requirements. Item F1 #9229 - Consideration of Amendments to Chapter 36-96 of the Grand Island City Code Relative to Off-Street Parking Requirements This item relates to the aforementioned Public Hearing Item E-3. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney ORDINANCE NO. 9229 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-96 to add an exception to off-street parking requirements for seasonal events held on parcels of land at least ten acres in size; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-96 of the Grand Island City Code is hereby amended to read as follows: §36-96. Off-Street Parking Requirements (A) Purposes: (1) It is the intent of this section that all buildings and uses shall provide off-street parking and loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private property and under the same ownership as such buildings or uses. The accommodations may consist of lots, garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the ground. (2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be sited and built according to the requirements contained in this section, and shall require an application for and issuance of a building permit pursuant to §8-22. (B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading facility and space hereafter constructed, upon proper application and permit being granted shall be sited and constructed pursuant to the requirements of this section. No application for a building permit for such building, addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of off-street parking and loading spaces as required herein for the existing or proposed building or use and including all such additions or alterations. No occupancy or use permit shall be issued unless the required parking and loading facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all zones and districts but not to include the following business districts or tracts of land as identified below: (1) Central Business District as identified and described in Chapter 13 of this code as the Downtown Improvement and Parking District No. 1. (2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore Street; thence southerly on Sycamore Street to 100 feet south of the south right-of-way line of North Front Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street to the point of beginning. (3) Tracts of land ten acres or more used for seasonal events (one event every three months) of not more than fourteen consecutive days in duration and a minimum of fourteen days between events. (C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than 180 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than seven feet. An off-street loading space shall be of appropriate dimensions of not less than 360 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than fourteen feet. When determination of the number of off-street parking or loading spaces required by this chapter ORDINANCE NO. 9229 (Cont.) - 2 - results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space. (D) Location: All off-street parking spaces shall be on the same lot as the building or within 300 feet of the lot. Permanent off-street parking spaces shall not be permitted within the required front yard setback, provided, however, that for a building containing three dwelling units or less, one space per unit may be placed within the front yard setback if such space is not directly in front of the building excluding garages or carports. Parking facilities located separate from the building or use as listed shall have a substantial portion of same within a specified distance of the building or use which it serves. All off-street loading spaces shall be on the same lot as the building or use served. (E) Collective Facilities: Off-street parking facilities for separate or mixed buildings or uses may be provided collectively so long as the total number of spaces is not less than the sum of the separate required spaces, and provided further, that the requirement concerning location of such facility with respect to distance from the building or use served shall be complied with. In order to eliminate a multiplicity of entrances and exits and diminish traffic hazards to conserve space where space is at a premium and to promote orderly development generally, the city council is hereby authorized to plan and group parking facilities collectively for a number of businesses in a given area, and especially in the central business district, in such a manner as to obtain a maximum of efficiency and capacity in parking and traffic movement. (F) Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty on the premises at any one time. (G) Design Standards. All off-street parking and loading facilities shall be designed with appropriate means of vehicular access to a street or alley and contain adequate and safe maneuvering areas. No driveway or curb cuts shall exceed twenty-six feet in width in residential districts, or thirty-five feet in width in business or industrial/manufacturing districts, and detailed plans shall be submitted to the public works director for approval of all curb cuts or driveway openings before a permit may be obtained therefor. No signs shall be displayed except such signs as required for the orderly use of the facilities. All facilities shall be provided with a permanent type, dust-free surface meaning asphaltic cement concrete, Portland cement concrete, or paving brick. All parking lots containing five or more parking spaces, which are within 30 feet of property occupied by a residential use in a Large Lot Residential Zoning District or of property within a Suburban Residential Zoning District, Low Density Residential Zoning District, Medium Density Residential Zoning District, High Density Residential Zoning District or Residential Development Zoning District, shall provide a sight-obscuring fence or screen not less than six feet nor more than eight feet in height along the boundary of the parking lot adjacent to such districts. No fence or screen shall be required between abutting parking lots or adjacent to an alley. The height of any fence or screen shall be subject to other restrictions provided by the City Code. (H) Maintenance: The parking and loading facilities required by this section shall be provided and maintained so long as the use exists which the facilities are designed to serve. Reasonable precautions must be taken by the owners of particular uses to assure the use of the parking facilities only by the employees or the social or business visitors of the premises for which the facilities are provided. The facilities must be so designed and maintained as not to constitute a nuisance at any time and must not be used in such a manner as to constitute a hazard or unreasonable impediment to traffic. (I) Reduction of Number of Spaces: Off-street parking or loading facilities shall not be reduced in total extent, after their provision required hereunder, except upon the approval of the Board of Adjustment, and then only after proof that the parking or loading spaces are no longer required by reason of a change in use of the premises of which the facilit ies are adjunct. (J) Requirement for Uses Not Listed: For any use not listed, the Board of Adjustment shall determine the proper requirement by classifying the proposed use among the uses specified herein so as to assure equal treatment. (K) Administration and Enforcement: The off-street parking and loading provisions of this section shall be administered by the zoning official and enforced by the chief building official, who shall also serve in advisory capacity to the city council on matters relative to any phase of such provisions. (L) Penalty for Violation: The provisions of parking and loading facilities as required by this section shall be a continuing obligation of the owner or sponsor of a given building or use so long as the building or use is in existence and so long as parking and loading facilities are required hereunder in connection therewith, and it shall be unlawful to discontinue, change, or dispense with such facilities without establishing alternate facilities that meet the requirements herein. Penalty provisions applicable to this chapter as a whole shall apply to the violations of these provisions. In addition, at such time as the facilities required hereunder shall fail to continue to be available for the ORDINANCE NO. 9229 (Cont.) - 3 - purpose, the building permit for the structures to which the facilities are adjunct and the use or occupancy permits issued for the premises shall be canceled and become null and void. Amended by Ordinance No. 8976, effective 06-08-2005 Amended by Ordinance No. 9151, effective 12-18-2007 Amended by Ordinance No. _______, effective _____ SECTION 2. Section 36-96 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: August 25, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9230 - Consideration of Vacation of Alley in Block 9 of Rollins Addition (Bank of Doniphan at 518 North Eddy Street) Tuesday, August 25, 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: Consideration of Vacation of Alley Between 5th and 6th Streets from Clark Street to Eddy Street in Block 9 of Rollins Addition (Bank of Doniphan at 518 North Eddy Street) Item #’s: F-2 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required for vacation of a public alley through the passing of an Ordinance. Five Points Bank is considering purchase of the property at 518 North Eddy Street. The Bank of Doniphan has requested the vacation of the public alley to help with traffic flow from the drive thru area of the bank. Customers generally exit the drive thr u of the bank and head east towards Eddy Street. This eastbound traffic in the alley backs up while waiting to turn onto Eddy Street causing conflicts with the drive thru. The volume of eastbound traffic at the alley is significant during the hours the bank is open and conflicts with westbound motorists that want to use the alley creating traffic safety concerns on Eddy Street. Discussion The bank has worked with their consulting engineer and city staff for possible solutions to the traffic concerns. All parties agree that it would be desirable for drive thru customers to exit via 5th Street, but we’ve not been able to come up with a reasonable way to direct traffic towards 5th Street. Possible solutions with discussion include: 1. Do Nothing: The existing traffic safety concerns will not be addressed. The traffic safety concerns will continue as long as the drive thru window is in- use. 2. Signage or Driveway Changes: Signage and/or modifications to the banks driveway are not believed to be adequate to direct drive thru customers south towards 5th Street. 3. Vacate Alley: The Bank is proposing that the existing alley be vacated and a utility easement be retained for existing utilities in the alley. The adjacent property owners were notified of the banks request to vacate the alley in July. Representatives of the Public Works Department as well as Five Points Bank made personal contact with 5 of the 6 properties adjacent to the alley that would be impacted by the vacation of the alley. They were given a letter advising that the council would consider the bank’s request to vacate the alley at the August 25th council meeting. All were asked if they had any objections to the vacation of the alley and none stated objections. City Staff is concerned with the request for vacating the alley. Although abutting property owners appear to be in support of the vacation, the only public benefit to vacating the alley appears to be for addressing safety concerns. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve or deny. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works, Building, Planning and Utility Administration recommend that the Council deny the request for the vacation of the public alley. Sample Motion If council does not believe the public interest is served by vacating the alley: l Move to deny the request for the vacation of the public alley. If council believes adequate measures are being taken to allow public use of the alley: l Move to approve the request to vacate the alley. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney ORDINANCE NO. 9230 An ordinance to vacate the public alley between Lot One (1), Block Nine (9) and Lot Ten (10), Block Nine (9) in Rollins Addition to Grand Island, Hall County, Nebraska and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of 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. That the public alley located in Block Nine (9) in Rollins Addition to Grand Island, Hall County, Nebraska is hereby vacated. A public utility easement shall be retained in the area where the alley is vacated. Such public alley to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the abutting properties. SECTION 3. This Ordinance is directed to be filed in the office of the Register of • THIS SPACE RESERVED FOR REGISTER OF DEEDS • ORDINANCE NO. 9230 (Cont.) - 2 - Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 25, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9231 - Consideration of Approving Salary Ordinance Tuesday, August 25, 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 25, 2009 Subject: Salary Ordinance Item #’s: F-3 Presenter(s): Brenda Sutherland, Human Resources Director Background The Human Resources Department prepares and brings forward for consideration a salary ordinance each year at budget time that sets forth wages for employees for the upcoming fiscal year. The wages being presented are a reflection of wages that have been previously agreed to by the City Council when labor agreements were entered into. In addition to wages, certain benefits that are part of labor agreements or personnel rules that are paid to employees are also outlined in the salary ordinance. Another salary ordinance will be brought forward once a labor agreement is approved by the City Council for the new IBEW Service and Clerical group. Discussion The following changes are being presented to the Council for consideration in preparation for the next fiscal year which will begin on October 1, 2009. The wages addressed in this document will not be paid until the first full pay period in October which will commence on October 12, 2009. Employees covered by the AFSCME labor agreement will receive a 4% increase per contract, employees covered by the FOP labor agreement will receive a 3.5% increase per contract, employees covered by the IAFF labor agreement will receive a 3.5% increase per contract, and employees covered by the IBEW Wastewater labor agreement will receive a 3.5% increase per contract. Employees covered by the IBEW Utilities labor agreement will receive 3.75% and employees covered by the IBEW Finance labor agreement will receive 3.75%. After discussion with the City Council through the budget process the recommendation being brought forward for the increase to the non-union employees is 3%. The City Administrator and I believe that this increase is sufficient to allow that group of employees to at least maintain its aggregate position of comparability with employees from other cities in the array. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Salary Ordinance # 9231. Sample Motion Move to approve Salary Ordinance #9231. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney ORDINANCE NO. 9231 An ordinance to amend Ordinance 9179 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to move the non union and IBEW-Information Technology positions listed below to the new IBEW- Clerical/Service group; to amend the job classifications of Maintenance Worker I – Golf and Maintenance Worker II – Golf to Maintenance Worker – Golf; to amend the salary ranges of non-union employees; to amend the salary ranges of the employees covered under the AFSCME labor agreement; IBEW-Utilities and IBEW-Finance labor agreements; the IBEW-WWTP labor agreement; the FOP labor agreement; and the IAFF labor agreement; to remove the non-union Senior Maintenance Worker position; and to repeal those portions of Ordinance No. 9170 9179 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1617.06/2276.10 1665.57/2344.38 Exempt Accounting Technician – Solid Waste, Streets 1093.44/1538.67 1126.24/1584.83 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Administrative Assistant 1180.58/1662.19 40 hrs/week Assistant to the City Administrator 1539.07/2166.77 1585.24/2231.77 Exempt Assistant Utility Director – Administration 3005.32/4229.13 3095.48/4356.00 Exempt Assistant Utility Director – PGS & PCC 3255.46/4581.33 3353.12/4718.77 Exempt Attorney 2150.91/3026.67 2215.44/3117.47 Exempt Audio-Video Technician 1115.35/1569.42 40 hrs/week Biosolids Technician 1329.96/1872.14 1369.86/1928.30 40 hrs/week Building Department Director 2452.05/3449.03 2525.62/3552.50 Exempt Building Inspector 1415.47/1991.53 40 hrs/week Building Secretary 999.09/1405.37 40 hrs/week Cemetery Superintendent 1464.95/2062.42 1508.89/2124.29 Exempt City Administrator 3967.46/5583.39 4086.48/5750.89 Exempt City Attorney 2864.86/4032.02 2950.80/4152.98 Exempt City Clerk 1646.54/2317.09 1695.94/2386.60 Exempt Civil Engineering Manager – Public Works Engineering 2182.24/3071.80 2247.70/3163.96 Exempt Civil Engineering Manager – Utility PCC 2400.12/3379.05 2472.13/3480.42 Exempt Collection System Supervisor 1510.07/2125.10 1555.38/2188.85 40 hrs/week Communications Specialist/EMD 1030.93/1454.21 40 hrs/week Community Development Administrator 1245.34/1752.33 Exempt ORDINANCE NO. 9231 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Community Service Officer 887.58/1248.55 914.21/1286.01 40 hrs/week Custodian – Library, Police 887.08/1251.81 913.70/1289.36 40 hrs/week Electric Distribution Superintendent 2403.77/3381.86 2475.88/3483.31 Exempt Electric Distribution Supervisor 2030.77/2856.54 2091.69/2942.23 40 hrs/week Electric Underground Superintendent 2140.60/3011.97 2204.82/3102.32 Exempt Electrical Engineer I 1963.80/2764.73 2022.72/2847.67 Exempt Electrical Engineer II 2276.15/3203.71 2344.44/3299.82 Exempt Electrical Inspector 1415.47/1991.53 40 hrs/week Emergency Management Coordinator 991.57/1394.84 40 hrs/week Emergency Management Deputy Director 1580.85/2224.51 1628.27/2291.25 Exempt Emergency Management Director 2249.86/3165.80 2317.36/3260.78 Exempt EMS Division Chief 1990.58/2800.84 2050.29/2884.86 Exempt Engineering Technician - WWTP 1418.74/1996.13 1461.30/2056.01 40 hrs/week Engineering Technician Supervisor 1621.62/2282.65 1670.27/2351.13 Exempt Equipment Operator, - Solid Waste 1209.74/1703.66 1246.04/1754.77 40 hrs/week Evidence Technician 887.58/1248.55 40 hrs/week Finance Director 2855.05/4017.67 2940.70/4138.20 Exempt Finance Secretary 999.09/1405.37 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Chief 2601.25/3659.41 2679.29/3769.19 Exempt Fire Operations Division Chief 2142.56/3014.68 2206.83/3105.12 Exempt Fire Prevention Division Chief 1990.58/2800.84 2050.29/2884.86 Exempt Fire Training Division Chief 1990.58/2800.84 2050.29/2884.86 Exempt Fleet Services Superintendent 1630.56/2295.94 1679.48/2364.82 Exempt Fleet Services Supervisor 1358.58/1911.85 1399.34/1969.20 40 hrs/week Golf Course Superintendent 1824.72/2567.68 1879.46/2644.71 Exempt Grounds Management Crew Chief – Cemetery 1368.25/1925.50 1409.30/1983.26 40 hrs/week Grounds Management Crew Chief - Parks 1409.29/1983.25 1451.57/2042.74 40 hrs/week Human Resources Director 2509.86/3530.34 2585.16/3636.25 Exempt Human Resources Specialist 1300.87/1830.21 1339.90/1885.11 40 hrs/week Information Technology Manager 2316.32/3259.09 2385.81/3356.87 Exempt Information Technology Supervisor 1943.36/2734.93 2001.66/2816.98 Exempt Legal Secretary 1142.42/1609.57 1176.70/1657.86 40 hrs/week Librarian I 1281.11/1801.98 1319.54/1856.04 Exempt Librarian II 1409.41/1982.94 1451.70/2042.43 Exempt ORDINANCE NO. 9231 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Library Assistant I 893.83/1257.38 920.65/1295.10 40 hrs/week Library Assistant II 985.94/1387.29 1015.51/1428.90 40 hrs/week Library Assistant Director 1671.62/2352.10 1721.77/2422.66 Exempt Library Clerk 749.19/1055.59 771.66/1087.26 40 hrs/week Library Director 2262.37/3184.54 2330.24/3280.07 Exempt Library Page 580.93/817.68 598.35/842.21 40 hrs/week Library Secretary 999.09/1405.37 1029.06/1447.53 40 hrs/week Maintenance Worker I – Building, Library 1028.34/1446.75 40 hrs/week Maintenance Worker I – Golf 1059.18/1490.15 40 hrs/week Maintenance Worker II – Building 1082.92/1527.18 40 hrs/week Maintenance Worker II – Golf 1115.40/1573.00 1148.86/1620.19 40 hrs/week Manager of Engineering Services 2239.98/3151.48 2307.18/3246.03 Exempt Meter Reader Supervisor 1402.93/1975.75 1445.02/2035.02 Exempt Office Manager – Police Department 1195.90/1683.25 1231.78/1733.74 40 hrs/week Parking Monitor 594.59/837.60 612.43/862.73 40 hrs/week Parks and Recreation Director 2558.81/3599.05 2635.58/3707.03 Exempt Parks and Recreation Secretary 999.09/1405.37 40 hrs/week Parks Superintendent 1707.12/2401.41 1758.34/2473.45 Exempt ORDINANCE NO. 9231 (Cont.) - 6 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Payroll Specialist 1275.36/1794.32 1313.62/1848.15 40 hrs/week Planning Director 2537.18/3569.42 2613.29/3676.50 Exempt Planning Secretary 999.09/1405.37 40 hrs/week Planning Technician 1521.35/2140.47 40 hrs/week Plans Examiner 1415.47/1991.53 40 hrs/week Plumbing Inspector 1415.47/1991.53 40 hrs/week Police Captain 1979.75/2785.60 2039.14/2869.16 Exempt Police Chief 2724.39/3834.86 2806.13/3949.90 Exempt Police Records Clerk - Part Time 935.60/1317.32 963.67/1356.84 40 hrs/week Power Plant Maintenance Supervisor 2244.07/3156.59 2311.40/3251.28 Exempt Power Plant Operations Supervisor 2335.70/3286.31 2405.77/3384.90 Exempt Power Plant Superintendent – Burdick 2558.46/3600.21 2635.21/3708.22 Exempt Power Plant Superintendent – PGS 2949.50/4148.57 3037.99/4273.03 Exempt Public Information Officer 1470.54/2068.91 1514.66/2130.98 Exempt Public Works Director 2866.03/4033.13 2952.01/4154.12 Exempt Purchasing Technician 1071.93/1507.82 40 hrs/week Receptionist 961.79/1353.34 990.65/1393.94 40 hrs/week Recreation Superintendent 1618.55/2276.68 1667.10/2344.98 Exempt Regulatory and Environmental Specialist 2213.05/3112.95 Exempt ORDINANCE NO. 9231 (Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 2279.44/3206.34 Senior Accountant 1826.15/2568.93 1880.94/2646.00 Exempt Senior Communications Specialist/EMD 1198.64/1685.98 1234.60/1736.55 40 hrs/week Senior Electrical Engineer 2492.06/3506.35 2566.82/3611.54 Exempt Senior Equipment Operator, Solid Waste 1270.24/1787.37 1308.34/1840.99 40 hrs/week Senior Utility Secretary 1002.03/1413.19 1032.10/1455.58 40 hrs/week Shooting Range Operator 1368.25/1925.50 40 hrs/week Shooting Range Superintendent 1618.55/2276.68 1667.10/2344.98 Exempt Solid Waste Division Clerk 898.54/1264.12 925.50/1302.04 40 hrs/week Solid Waste Superintendent 1838.29/2586.82 1893.44/2664.42 Exempt Stormwater Technician 1418.74/1996.13 40 hrs/week Street Superintendent 1758.89/2477.35 1811.65/2551.67 Exempt Street Supervisor 1396.18/1963.59 1438.06/2022.50 40 hrs/week Turf Management Specialist 1415.21/1991.14 1457.66/2050.87 40 hrs/week Utility Director 3896.36/5481.07 4013.25/5645.50 Exempt Utility Production Engineer 2630.29/3701.68 2709.20/3812.73 Exempt Utility Secretary 999.09/1405.37 40 hrs/week Utility Services Manager 2059.48/2898.16 2121.26/2985.11 Exempt ORDINANCE NO. 9231 (Cont.) - 8 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Utility Warehouse Supervisor 1601.66/2252.73 1649.71/2320.31 40 hrs/week Victim Assistance Unit Coordinator 935.60/1317.32 963.67/1356.84 40 hrs/week Wastewater Engineering/Operations Superintendent 2051.64/2887.97 2113.19/2974.61 Exempt Wastewater Plant Chief Operator 1310.87/1845.26 1350.20/1900.62 40 hrs/week Wastewater Plant Maintenance Supervisor 1516.01/2133.58 1561.49/2197.59 40 hrs/week Wastewater Plant Process Supervisor 1572.10/2213.43 1619.26/2279.83 40 hrs/week Water Superintendent 1937.68/2725.61 1995.81/2807.38 Exempt Water Supervisor 1652.15/2326.74 1701.72/2396.54 40 hrs/week Worker / Seasonal 580.00/1600.00 Exempt Worker / Temporary 580.00/1600.00 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 1067.36/1500.97 1110.06/1561.01 40 hrs/week Fleet Services Attendant/Clerk 970.31/1368.56 1009.13/1423.30 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 9 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fleet Services Inventory Specialist 1064.33/1497.94 1106.90/1557.86 40 hrs/week Fleet Services Mechanic 1217.58/1712.45 1266.28/1780.94 40 hrs/week Horticulturist 1127.00/1587.89 1172.08/1651.40 40 hrs/week Maintenance Worker – Cemetery 1059.27/1490.86 1101.64/1550.50 40 hrs/week Maintenance Worker – Parks 1052.20/1481.77 1094.29/1541.04 40 hrs/week Maintenance Worker – Streets 1029.96/1449.42 1071.16/1507.39 40 hrs/week Senior Equipment Operator – Streets 1169.44/1646.53 1216.22/1712.39 40 hrs/week Senior Maintenance Worker – Parks 1169.44/1646.53 1216.22/1712.39 40 hrs/week Senior Maintenance Worker – Streets 1169.44/1646.53 1216.22/1712.39 40 hrs/week Traffic Signal Technician 1169.44/1646.53 1216.22/1712.39 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 1071.82/1418.39 1112.01/1471.52 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 10 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Cashier 983.75/1340.53 1020.64/1390.80 40 hrs/week Computer Operator 1434.40/1885.62 40 hrs/week Computer Programmer 1703.42/2285.98 40 hrs/week Computer Technician 1477.44/1942.22 40 hrs/week Custodian 1148.73/1356.50 1191.81/1407.37 40 hrs/week Electric Distribution Crew Chief 2098.30/2668.66 2176.99/2768.73 40 hrs/week Electric Underground Crew Chief 2098.30/2668.66 2176.99/2768.73 40 hrs/week Engineering Technician I 1322.31/1891.98 1371.90/1962.94 40 hrs/week Engineering Technician II 1634.64/2241.32 1695.94/2325.37 40 hrs/week GIS Technician 1681.79/2359.90 1744.86/2448.39 40 hrs/week Instrument Technician 1972.382605.68 2046.35/2703.39 40 hrs/week Lineworker Apprentice 1279.06/1875.51 1327.03/1945.84 40 hrs/week Lineworker First Class 1938.77/2293.01 2011.47/2378.99 40 hrs/week Materials Handler 1596.40/2139.93 1656.26/2220.18 40 hrs/week Meter Reader 1150.20/1499.89 1193.34/1556.14 40 hrs/week Meter Technician 1546.45/1911.26 1604.44/1982.93 40 hrs/week Power Dispatcher I 1936.62/2692.66 2009.25/2793.64 40 hrs/week Power Dispatcher II 2034.06/2827.69 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 11 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 2110.34/2933.73 Power Plant Maintenance Mechanic 1833.22/2282.70 1901.96/2368.30 40 hrs/week Power Plant Operator 2165.68/2522.65 2246.90/2617.25 40 hrs/week Senior Accounting Clerk 1204.75/1578.13 1249.93/1637.30 40 hrs/week Senior Engineering Technician 2068.27/2531.10 2145.83/2626.02 40 hrs/week Senior Materials Handler 1838.09/2397.54 1907.02/2487.45 40 hrs/week Senior Meter Reader 1362.24/1616.82 1413.33/1677.46 40 hrs/week Senior Power Dispatcher 2352.96/3228.92 2441.20/3350.01 40 hrs/week Senior Power Plant Operator 2135.25/2737.33 2215.32/2839.98 40 hrs/week Senior Substation Technician 2514.09/2605.68 2608.37/2703.39 40 hrs/week Senior Water Maintenance Worker 1493.74/1966.90 1549.75/2040.66 40 hrs/week Substation Technician 2327.38//2419.78 2414.66/2510.52 40 hrs/week Systems Technician 2051.09/2605.68 2128.00/2703.39 40 hrs/week Tree Trim Crew Chief 1837.37//2281.74 1906.27/2367.31 40 hrs/week Utilities Electrician 1841.26//2419.78 1910.30/2510.52 40 hrs/week Utility Technician 1798.35/2529.64 1865.79/2624.50 40 hrs/week Utility Warehouse Clerk 1328.81/1639.43 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 12 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1378.64/1700.91 Water Maintenance Worker 1244.51/1721.04 1291.18/1785.58 40 hrs/week Wireworker I 1398.10/1976.90 1450.53/2051.04 40 hrs/week Wireworker II 1938.77/2293.01 2011.47/2378.99 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Police Officer 1329.59/1858.69 1376.13/1923.74 Police Sergeant 1664.12/2280.23 1722.37/2360.04 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, ORDINANCE NO. 9231 (Cont.) - 13 - vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1739.56/2412.00 1800.44/2496.42 212 hrs/28 days Firefighter / EMT 1292.40/1875.55 1337.63/1941.19 212 hrs/28 days ORDINANCE NO. 9231 (Cont.) - 14 - Firefighter / Paramedic 1442.94/2037.92 1493.45/2109.24 212 hrs/28 days SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 1067.22/1501.67 1104.57/1554.23 40 hrs/week Equipment Operator – WWTP 1211.61/1704.86 1254.02/1764.54 40 hrs/week Maintenance Mechanic I 1211.61/1704.86 1254.02/1764.54 40 hrs/week Maintenance Mechanic II 1356.61/1908.89 1404.09/1975.70 40 hrs/week Maintenance Worker – WWTP 1211.61/1704.86 1254.02/1764.54 40 hrs/week Senior Equipment Operator – WWTP 1309.65/1842.81 1355.49/1907.30 40 hrs/week Wastewater Clerk 911.66/1282.78 943.56/1327.67 40 hrs/week Wastewater Plant Laboratory Technician 1286.17/1809.77 1331.18/1873.11 40 hrs/week Wastewater Plant Operator I 1083.64/1524.80 1121.57/1578.17 40 hrs/week Wastewater Plant Operator II 1211.61/1704.86 1254.02/1764.54 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 15 - SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Clerical/Service group are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 1093.44/1538.67 40 hrs/week Administrative Assistant 1180.58/1662.19 40 hrs/week Audio Video Technician 1115.35/1569.42 40 hrs/week Building Inspector 1415.47/1991.53 40 hrs/week Building Secretary 999.09/1405.37 40 hrs/week Community Development Administrator 1245.34/1752.33 Exempt Communication Specialist/EMD 1030.93/1454.21 40 hrs/week Computer Operator 1434.40/1885.62 40 hrs/week Computer Programmer 1703.42/2285.98 40 hrs/week Computer Technician 1477.44/1942.22 40 hrs/week Electrical Inspector 1415.47/1991.53 40 hrs/week Emergency Management Coordinator 991.57/1394.84 40 hrs/week Engineering Technician – Public Works 1418.74/1996.13 40 hrs/week Evidence Technician 887.58/1248.55 40 hrs/week Finance Secretary 999.09/1405.37 40 hrs/week GIS Specialist 1681.79/2359.90 40 hrs/week Maintenance Worker I – Building, Library, Police 1028.34/1446.75 40 hrs/week Maintenance Worker II – Building, Library, Police 1082.92/1527.18 40 hrs/week Parks and Recreation Secretary 999.09/1405.37 40 hrs/week Planning Secretary 999.09/1405.37 40 hrs/week Planning Technician 1521.35/2140.47 40/hrs/week Plans Examiner 1415.47/1991.53 40 hrs/week Plumbing Inspector 1415.47/1991.53 40 hrs/week Police Records Clerk – Full Time 935.60/1317.32 40 hrs/week Purchasing Technician 1071.93/1507.82 40 hrs/week Shooting Range Operator 1368.25/1925.50 40 hrs/week Stormwater Technician 1418.74/1996.13 40 hrs/week Utility Secretary 999.09/1405.37 40 hrs/week ORDINANCE NO. 9231 (Cont.) - 16 - SECTION 78. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $484.00 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities and Finance labor agreements, may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are ORDINANCE NO. 9231 (Cont.) - 17 - covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications Fleet Services Supervisor, Fleet Services Superintendent, and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 89. Employees shall be compensated for unused medical leave as follows: (A) For all non-union employees the City will include in the second paycheck in January of each year, payment for an employee’s unused medical leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be based on 50% of the accumulated hours above 960 at the employee’s current pay rate at the time of such compensation. ORDINANCE NO. 9231 (Cont.) - 18 - For those employees covered by the IBEW Utilities and IBEW Finance labor agreements, the City will compensate each employee for fifty percent (50%) of unused medical leave in excess of 960 hours accumulated as of September 30, 2008, based upon his or her pay rate on the date the compensation is paid, which will be no later than the first pay period in November 2008. (B) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the emplo yee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Non- union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for one-half of their accumulated medical leave at the time of their retirement. The amount of contribution will be based upon the employee’s salary ORDINANCE NO. 9231 (Cont.) - 19 - at the time of retirement. All employees covered by the AFSCME labor agreement shall be paid forty-five (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on the employee’s salary at the time of their death. (C) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. ORDINANCE NO. 9231 (Cont.) - 20 - SECTION 910. The City Administrator shall receive a vehicle allowance of Five Hundred Dollars ($500.00) per month in lieu of mileage allowance, divided into two equal payments of Two Hundred Fifty Dollars ($250.00) retroactive to date of employment. SECTION 1011. 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 1112. The salary adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law the first full pay period in October, 20082009. SECTION 1213. Those portions of Ordinance No. 9170 9179 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of August 11, 2009 City Council Regular Meeting Tuesday, August 25, 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 August 11, 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 August 11, 2009. Notice of the meeting was given in The Grand Island Independent on August 5, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, Assistant City Attorney Wes Nespor, 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 members Austin Witmer and Caitlynn Schwehn along with board member Elizabeth Kuta. PRESENTATIONS AND PROCLAMATIONS: Recognition of Life Saving Efforts. Mayor Hornady and Fire Chief Troy Hughes gave certificates of recognition to Ashley Schmitz, Adam Pfeifer, Bob Samuelson, Tim Schirmer, and the Doniphan QRT’s who helped save the life of Cale Buhr, a 17 year old male student athlete on May 12, 2009 when he suddenly collapsed and went into cardiac arrest. Also presented were certificates of recognition to Scott Kudera and Craig Tegeler for a second event which occurred on May 15, 2009 when Adam Wright, a training officer from Meadow Grove Fire Department became unresponsive. These people were thanked for their outstanding efforts that successfully changed the destiny for two individuals. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 4811 Gold Core Drive (Joseph & Lori Brown). Gary Mader, Utilities Director reported that a utility easement was needed at 4811 Gold Core Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would 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. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 731 Allen Drive (Highway Motels of Nebraska, Inc.). Gary Mader, Utilities Director reported that a utility easement was needed at 731 Allen Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place high voltage underground cables and a pad-mounted transformer to provide electric service to the new Page 2, City Council Regular Meeting, August 11, 2009 Holiday Inn Express currently being constructed. Staff recommended approval. No public testimony was heard. Public Hearing on Proposed FY 2009-2010 City Single Budget. This item was pulled from the agenda at the request of the Finance Director. Public Hearing on Community Redevelopment Authority (CRA) Budget. This item was pulled from the agenda at the request of the Finance Director. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9228 – Consideration of Amendments to Chapter 5 of the Grand Island City Code Relative to Animals be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Assistant City Attorney Wes Nespor reported Ordinance #9228 would amend Chapter 5 of the Grand Island City Code - Animals to update rabies observation to mirror state law and incorporate changes suggested by the Animal Advisory Board. Motion by Meyer, second by Nickerson to approve Ordinance #9228. City Clerk: Ordinance #9228 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9228 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9228 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda Item G-7 was pulled for further discussion. Motion by Zapata, second by Meyer to approve the Consent Agenda excluding item G-7.. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 28, 2009 City Council Regular Meeting. Approving Re-Appointment of Doug Jensen to the Animal Advisory Board. Approving Request from Kelsey Scoggins, 103 West 22nd Street for Liquor Manager Designation for the United Veterans Club, 1914 West Capital Avenue. Page 3, City Council Regular Meeting, August 11, 2009 Approving Request of Fonner Park Exposition and Events Center, Inc. for Ratification of Election of Board of Directors. #2009-188 – Approving Acquisition of Utility Easement Located at 4811 Gold Core Drive (Joseph & Lori Brown). #2009-189 – Approving Acquisition of Utility Easement Located at 731 Allen Drive (Highway Motels of Nebraska, Inc.). #2009-191 – Approving Bid Award for One (1) 10” Raw Sewage Pump for the Wastewater Division of the Pub lic Works Department with Bert Gurney & Associates of Omaha, Nebraska in an Amount of $29,095.00. #2009-192 – Approving Contract with IES Industrial, Inc. of Grand Island, Nebraska for Project WW050 Replacement SCADA System for Waste Water Treatment Plant in an Amount of $433,769.00. #2009-193 – Approving Renewal of Contract for Employee Assistance Program (EAP) Services with Family Resources of Greater Nebraska, Grand Island, Nebraska in an Amount of $14,475.00 for one year. #2009-190 – Approving Pipeline Crossing and Encroachment Agreement at Husker Highway and Union Pacific Railroad Crossing for Water Main Project 2009-W-3 – Alda Water Main Project for a One-time lease payment of $12,406.00. Gary Mader, Utilities Director answered questions regarding construction costs, tap fees, liability insurance, future costs, and ownership of the water line. Motion by Ramsey, second by Carney to approve Resolution #2009-190. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Meyer to approve the Claims for the period of July 29, 2009 through August 11, 2009, for a total amount of $2,524,456.65. Unanimously approved. Motion by Dugan, second by Gericke to approve the Claims for the period of July 29, 2009 through August 11, 2009 for State Fair Recreational Building in the amount of $13,700.00. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of August 18, 19, and 20, 2009 City Council Budget Meetings Tuesday, August 25, 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 BUDGET MEETING August 18, 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 August 18, 2009. Notice of the meeting was given in The Grand Island Independent on August 12, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, and Gericke. Councilmember Zapata was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Audie Aguilar and Kiara Solorzano. PUBLIC HEARINGS : Public Hearing on Proposed FY 2009-2010 City Single Budget. Mary Lou Brown, Finance Director reported that Council needed to conduct a public hearing to take information from the citizens of Grand Island on the proposed FY 2009-2010 City Single Budget. Adoption of the budget and lid limit increase was scheduled for September 8, 2009. Mike McDermott, 1603 Gretchen Avenue and Lynn Widdifield, 223 South Shady Bend Road spoke in opposition to a tax increase. No further public testimony was heard. Councilmember Zapata was present at 7:10 p.m. Public Hearing on Community Redevelopment Authority (CRA) Budget. Chad Nabity, Regional Planning Director presented the CRA 2009-2010 Annual Budget. Presented was a PowerPoint presentation explaining the CRA programs and functions. The following budget highlights were presented: 1) $100,000 to purchase dilapidated properties/infrastructure 2) $150,000 for façade development and 3) $800,000 for other projects. Total CRA request was $425,000 for 2009-2010 which was down from $475,000 requested in 2008-2009. No public testimony was heard. Review of Proposed FY 2009/2010 City Single Budget. Mayor Hornady commented on the long difficult process of creating the 2009-2010 budget. Mentioned was that the department director’s would present their budget and then questions would follow. The plan was to work until 9:30 p.m. with further meetings scheduled for Wednesday and Thursday. Jeff Pederson, City Administrator commented briefly on the city budget including the Budget in Brief document, transmittal letter, and salary survey recently received by the Human Resources Department. Council reviewed each of the following department budgets: Page 2, City Council Budget Meeting, August 18, 19, & 20, 2009 Administration – Paul Breseno, Assistant to the City Administrator presented the following budgets. Personnel services increase of 3.55% due to step and annual increases and a decrease in Health Insurance. Operating Expenses Increase of 2.19% due to ICMA Program Prioritization and Community Results and National Citizen Survey. Legislative (Mayor and City Council) – City Council operating expenses increase of 8.38% includes $3,600 for employee benefits internet stipend and $7,000 for council laptops. City Clerk – Decrease of 2.5% includes deletion of tuition reimbursement and decrease of election costs. One of the biggest items in the budget was legal notices in the amount of $16,000. Public Information – Personnel services increase of 6.59% due to increase to step and annual increases. Operating expenses decrease of 33.63% and Capital expenses decrease of 20.15%. Council President Meyer spoke concerning travel and training, and other expenditures. His recommendation was to cut those line items in half. Jeff Pederson and Mary Lou Brown commented on the need and legitimacy for “other accounts”. Councilmember Nickerson commented on the cut of travel and training stating 50% was too drastic, but some sort of a cut was necessary. Councilmember Haase raised concerns on exceeding line items within each budget. Also mentioned were the City’s fiscal policies. Finance – Mary Lou Brown, Finance Director presented the Finance Department budget. Sales tax was up 1.3% over prior fiscal year. The 2010 budget reflects an annual increase of 1.8% over the 2009 projected receipts. Occupation tax was to be used for only two purposes: State Fair Building lease payments of $755,000 per year and expenses for the Veteran’s Athletic Complex. Property tax reflects the 12% proposed rate increase. Motor vehicle tax collections reflect a year- over-year growth rate of 1.9%. Total operating expense in non-departmental was $530,600 and lease payments were $2,197,000. Nineteen employees were represented by the Finance IBEW Union; an additional 2 would be part of the new IBEW Union. The monthly average number of customers billed in 2008 was: electric – 24,129; water – 15,270 and sewer – 14,867. 90% of the Finance Operation Expense was related to personnel and the charge for IT services. Grand Island was a leader in the use of Munis and drives many of the overall system enhanceme nts. Ms. Brown explained Informational Technologies (IT) was used by other City departments and each department was charged for those services. Six of these employees would be represented by the new IBEW Union. A review of the needs of the City and the current structure of IT would be completed this fall. Ms. Brown gave an overview of the IT System Support. IT revenue was received from each department within the City for a total of $1,014,975.00. 85% of IT expense was related to personnel service and cont ract services. $210,000 was the expense related to Munis and Microsoft licensing fees. Ms. Brown explained the known changes to proposed 2009- 2010 Ending Cash Balances and Proposed Budget Appropriations. Councilmember Gilbert suggested every department try to find ways to save money. Mentioned was to have a balanced budget. Councilmember Haase asked questions concerning the credit card expense for customers paying by credit card. Comments were made on the IT budget in the amount of $1.1 million. Councilmember Carney commented on the transmittal letter relying more on debt to pay for capital improvement projects, how much the citizen’s could pay through Page 3, City Council Budget Meeting, August 18, 19, & 20, 2009 taxes, and if there was a limit. Councilmember Dugan commented on the growth of revenues, expenses, and government services. He stated our focus needed to be put on the core services the City needed to provide. Legal – Dale Shotkoski, City Attorney presented the Legal Department budget. The Legal department was a small department with only three employees which provides services to the General fund departments and Enterprise fund departments. Revenues come from the Stop program and enterprise fund reimbursement. Total budget for the Legal department was $343,228 or 0.88% of the 2009-2010 proposed budget. The department budget increase of $17,570 represented a 5.39% increase to the department. The increase was equal to .045% of the total General fund budget. The increase was due to wage (step) increases. Operating expense for 2009-2010 proposed budget was 3.47% less than 2008-2009. Discussion was held on travel and training. Mr. Shotkoski explained continuing education was required by the Nebraska State Bar Association. Outside legal council was discussed. Councilmember Gilbert stated continuing education should be paid by the employee. Human Resources – Brenda Sutherland, Human Resources Department Director presented the Human Resources Department budget. Primary responsibilities were: recruitment, compliance and information management, benefit and risk management administration, labor relations, and classification and compensation. Human Resources provided support for all other departments in the City. The dollars budgeted represented 1.15% ($454,890) of the general fund budget. 25% of the Human Resources budget was allocated to operating expenses such as: comparability surveys, EAP services, citywide training, advertising, applicant tracking system, employee evaluation system, and pre-hire testing. Ms. Sutherland explained the wellness program within the City. Medical and prescription drug claims were down by more than $200,000 over the past twelve months. The City was recently notified by Governor Heineman that the City would be receiving the Governor’s Excellence in Wellness Award in September. A new health insurance vendor was currently being negotiated and a contract would be brought before the Council at the August 25, 2009 council meeting. Risk management was mentioned with a reduction of more than $53,000 paid by departments for work comp. insurance and work comp. claims paid from 01/09 thru 07/09 were $114,250 less than the same time period last year. Councilmember Gilbert stated the City paid much better than other businesses with regards to benefits. Ms. Sutherland stated this was due to the comparability study required by law. Councilmember Haase commented on health insurance and pension. Co-pay and self insurance were mentioned. Ending cash balance reserve for insurance was discussed. Pension expenses were mentioned. Ms. Brown stated annual actuarial studies would be required. Councilmember Niemann asked if percentage of salary was related to benefits. Ms. Sutherland stated the City ran around 25%. Councilmember Carney asked if we had a cap on self assurance. Ms. Sutherland stated we had a $1 million dollar maximum coverage for medical. Legal fees for CIR were paid out of the Human Resources budget. Other legal fees were paid out of the general fund. Councilmember Haase asked about the cafeteria plan and if it was a benefit to the employee. Ms. Sutherland stated it was a great benefit to the employee because of the tax break. Building – Craig Lewis, Building Department Director presented the Building Department budget. Two divisions made up the Building Department fund which included maintenance and Page 4, City Council Budget Meeting, August 18, 19, & 20, 2009 Building Inspections/Permits. Explained were the maintenance needs for the City building. Permit and inspection fees brought in approximately 70% to offset the total budget. Councilmember Gilbert commented on the number of employees in the department compared to the number of permits, inspections, and construction. Mr. Lewis explained the need for the number of employees and what they did. Councilmember Meyer questioned insurance premium, fuel, and vehicles. Councilmember Haase commented on keeping vehicles lo nger and revenue sources through the plumbing inspector. Motion by Nickerson, second by Zapata to fix the time to which to adjourn to Wednesday, August 19, 2009 at 7:00 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. RaNae Edwards City Clerk Page 5, City Council Budget Meeting, August 18, 19, & 20, 2009 City Council Budget Meeting – Cont. August 19, 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 August 19, 2009. Notice of the meeting was given in The Grand Island Independent on August 12, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, 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 members Lauren Cantrell and Danielle Jim. The City Counc il resumed review of the 2009/2010 proposed budget. Mary Lou Brown, Finance Director answered the following questions from last night’s meeting as follows: What is the dollar amount we have budgeted for outside legal costs and where are these dollars located in the budget? Attorney fees for outside legal costs are budgeted primarily in the Contingency Account within Non-Departmental in the General Fund. Actual amounts for 2007 and 2008 were $89,827.75 and $40,619.73, respectively. The 2009 projected amount is $25,000 and the 2010 budget amount is $30,000. Most of the actual amounts have been spent with Harding & Shultz. In addition, $8,000 in legal services has been budgeted within General Insurance in the Internal Service Fund. These amounts are for legal fees in conjunction with both the General Government Insurance and the Workers Compensation Program. How much of the IT allocation of services shows up in the General Fund? $458,100 of the IT allocation is expense in the General Fund. Finance is the recipient of the largest allocation at $225,000. What percentage of customer payments is made by credit card? Approximately 5% of customer payments are made by credit card. Page 6, City Council Budget Meeting, August 18, 19, & 20, 2009 What is the co-pay dollar amount contributed by employees? The total cost of healthcare under the new rate structure is budgeted at $5,621,098 with the employees share of that being $725,879. What is the reason for the insurance premium decrease within the Building Department operating expense? An RFP that was completed in 2008 resulted in lower premiums for the general liability insurance program. Can the Special Revenue Backflow program be brought into the Building Department General Fund account and why is the balance in the Fund negative? The Special Revenue Backflow program could be folded into the Building Department General Fund. The monthly fee that is included on each customer bill to support the Backflow program is $0.35. This fee was increased from $0.30 to $0.35 effective with Ordinance #9181 that was effective 10/1/08. It appears that the fee at the current level is unable to offset the costs associated with the program and is therefore causing the negative Fund balance. Can the cash reserve of the Cafeteria Plan be transferred to the General Fund? This Fund acts as an agent which withholds elected amounts from employee payroll and then reimburses the employee as eligible expenses are incurred. The money in the Fund theoretically belongs to the employees who contributed the funds. It is possible to have either a negative or positive balance in this Fund due to the timing of employee payroll deductions and the actual usage of the Plan. If an employee uses most of their payroll deduction early in the year and then leaves his/her employment with the City, the individual account balance will be negative. The same is true in reverse which would cause a positive balance to exist. A legal review of the Cafeteria Plan Document needs to be completed prior to making a final response to this question. What is a good cash reserve for health insurance? The answer to this question is not a concrete one. The level of risk that the City is willing to assume will drive the answer and is therefore open to some debate. For those with a high risk tolerance, a reserve that covers 2 – 3 months of claims may be deemed adequate. For those with a risk avoidance perspective, 6 months of claims coverage may be the response. What is the appropriate amount of debt a city can assume? Follow-up with outside experts is underway and a response will be provided as soon as available. Page 7, City Council Budget Meeting, August 18, 19, & 20, 2009 What are the current and historical debt ratings for the City? Follow-up is being completed and will be provided as soon as available. Fire – Troy Hughes, Fire Chief presented the Fire Department budget. Operating costs were reduced or held steady where possible with the exceptions of Fire and EMS. Some of the increases in the fire budget where: computer services, public education materials, utility services, vehicle maintenance, other, and hose line items. Increases in the EMS budget were: computer services, repair and maintenance of machinery, and ambulance refunds. Capital items impacting the 2009-2010 budget were: rescue pumper $550,000; staff car $35,000; cardiac defibrillators $39,000; and concrete replacement $50,000. GIFD programs to add value to tax dollars were: consolidated cleaning/laundry supply purchasing; installed metal roof on Station 3 and 4; hose specifications required 10 year replacement warranty; tobacco policy; began installing motion sensing light controls; and EMS collections were up. Chief Hughes commented on the value added through grant funding: self contained breathing apparatus - $241,000; protective clothing - $83,000; HAZMAT - $25,000 - $35,000 and pending grant requests – rescue pumper, six FTEs, smoke detector program for mobile homes, protective clothing, and crossfit wellness program. The following future needs were mentioned: apparatus replacement schedule; long range – fire station in northeast part of town, and staff needs. Councilmember Dugan asked about the $35,000 staff car. Chief Hughes stated this would be a pickup to haul hose and other equipment. This cost would include lights, radios, etc. Councilmember Ramsey asked about travel and training. Chief Hughes stated they budgeted around $750.00 per person. Training was important and they were partnering with other departments for training to be more efficient and cost effective. Discussion was held on mutual aid services and the sharing of equipment between towns. Councilmember Gilbert commented on overtime and asked what the Fire Department could do to keep this line item down. Chief Hughes stated they needed to be fully staffed in order to keep the overtime budget down. Councilmember Haase commented on the EMS revenues versus expenses and complimented the department on the tax subsidy. FTE’s were discussed in the EMS division. Councilmember Zapata asked about the number of staff. Chief Hughes explained how the staff works and what a Kelly day was. Police – Steve Lamken, Police Chief presented the Police Department budget. Chief Lamken stated the goal of the Police Department was a safe community. The Police Department’s job was to encourage a community that feels safe, accepted and connected and protects its citizens, proactively prevents crime and enforces the law. The Police Department direction started in 2007, “Nice vs. Necessary”, tasks and programs, and department tracked with council priorities. The following actions had been taken to make the department more efficient: changes in service delivery; elimination of redundant tasks; creation of patrol support unit; job task analysis of support functions; restructuring of the administration support staff; and implementation of field reports for officers. Department program changes were as follows: all administrative support services under unified supervision; implementation of filed reporting; reorganization of Gang Operation Unit; restructuring business phone and service desk operations; reducing police services dog training schedule; and new airport security contract. The following programs had been eliminated: special event and escort activities; Community Police Academy; GREAT Page 8, City Council Budget Meeting, August 18, 19, & 20, 2009 Summer Youth Program; and metered parking enforcement study. Department budget highlights included: personnel – increase for new officers $170,000 in addition to annual increases; overtime – reflects two new programs assigned to the department – State Fair and State Volleyball Tournament. Councilmember Dugan asked about the new Dodge Charger police cars and gas mileage. Chief Lamken stated they are not better on gas mileage than the Ford Impala’s and the department would not be buying any more in the future. Councilmember Gilbert commented on overtime and the Humane Society contract. Councilmember Ramsey commented on discontinuing the GREAT program. Chief Lamken stated this program would continue in the school but they had eliminated the summer program. Councilmember Haase commented about the school crossing guards. Emergency Management – Jon Rosenlund, Emergency Management Director presented the Emergency Management budget. Department activity included: CAD calls up 8% since 2004; 50,000 911 calls in 2008; 140,000 non-emergency calls; 740,000 radio traffics annually; managed nearly $742,000 in grant funds since 2006; recent disaster events – 2005 flooding, 2006/07 ice storm, and 2008 flooding. Recent Department upgrades were: facility expansion provided 4 complete consoles, radio system upgrade, telephone system upgrade, established short term alternate 911 center, replaced back-up generator at county tower, and replaced and expanded warning sirens. The following were issues on the horizon and the department was working on them: H1N1 flu response; FCC narrow banding upgrade requirement; warning siren replacement & expansion, establish long term alternate 911 center, disaster planning by rewriting Local Emergency Operations Plan, continuity of operations/government plan, and animal disease plan. Mr. Rosenlund stated all general fund operations were divided 50/50 with Hall County. The Special Revenue Fund was generated by 911 surcharges and supported 911 system & activities. Personnel cost was 78% of the budget. Councilmember Meyer asked about the Citizen Corp. Mr. Rosenlund stated this line item was completely funded by grant monies. Councilmember Gilbert asked about FTE’s. Mr. Rosenlund explained the change in FTE’s and the switch to the general fund. Overtime was discussed. Councilmember Haase asked about an alternate 911 center in another county. Mr. Rosenlund commented on other areas not having the ability to communicate with our systems. Comments were made concerning the City being an alternate site for FEMA. Councilmember Gericke asked if we had enough funds for the narrow banding. Mr. Rosenlund stated grant funding was being looked at. Public Works – Steve Riehle, Public Works Director presented the Public Works budget. Mr. Riehle stated the Public Works Department had the following 5 divisions: Engineering/Administration; Fleets Services; Solid Waste; Streets; and Waste Water. Mr. Riehle commented on the duties of each division. 2010 Engineering budget highlights included 89% for personnel costs and 11% for operating costs. Street Division included: 72% operating, 23% personnel, and 5% capital. Fleet services included: 67% operating, 31% personnel, and 2% capital. Waste Water included: 46% capital, 34% operating, 10% personnel, and 10% debt service. Page 9, City Council Budget Meeting, August 18, 19, & 20, 2009 Councilmember Gilbert asked about the quiet zone wayside horns. Mr. Riehle stated this was not included in this budget. Discussion was held regarding the fleet services possible move to the fire training ground east of town. Councilmember Haase asked questions concerning the engineering revenues. Traffic signals were discussed regarding personnel needs. Mr. Riehle stated 50% of concrete repair was contracted. Gas tax revenues were discussed. Councilmember Gericke stated he felt we could save money by closing railroad crossings and wouldn’t have to spend money on the wayside horns. Councilmember Niemann asked about contract services. Planning – Chad Nabity, Regional Planning Director presented the Regional Planning Department budget. The Planning Department was responsible for three divisions: Planning, Community Development, and Community Redevelopment Authority. The Planning Department budget was funded 50% by County and 50% by City. The director was funded 20% by CRA and 80% by Planning budget. Secretary was funded 10% by CRA and 90% by Planning budget. Technician was funded 38% by Utilities and 62% by Planning budget. The Community Development was funded by grant fees and general fund. Councilmember Haase mentioned the CRA budget in the amount of $425,000 and stated he was going to request a one year moratorium. Councilmember Ramsey commented on the moratorium and spoke against it. Mayor Hornady commented on the projects and benefits to the City by the CRA. Lincoln Pool was discussed concerning applying funds to projects like this. Mr. Nabity stated this could be done. Library – Steve Fosselman, Library Director presented the Library budget. Mr. Fosselman reviewed the City’s and Library’s mission statements. Emphasis was on the following three strategic planning goals: 1) timely access to accurate information and a collection in a variety of formats and technologies; 2) a wide range of library programming functions in partnership with community agencies, and 3) services for an increasingly diverse community. Mr. Fosselman stated there were approximately 300,000 visitors per year. The following literacy/learning opportunities included: children, teens, adults, and diverse community. Hall County Bookmobile was mentioned as an important service for outreach. Councilmember Dugan questioned office supplies. Mr. Fosselman stated this included office supplies, tags for books, programs for little kids needing supplies, processing, equipment supplies, and other. Councilmember Ramsey asked about contract services and security. Mr. Fosselman stated there was a need for security and the Police Department had helped in the past, however the Police Department was not able to do this on a routine basis. Councilmember Gilbert commented about the room use and revenues that could be charged. Councilmember Haase questioned the expense side of the Library budget and increase over the past three years compared to the revenue side. Jeff Pederson, City Administrator stated the revenue from the donation was used for the building expansion. Motion by Nickerson, second by Zapata to fix the time to which to adjourn to Thursday, August 20, 2009 at 7:00 p.m. Upon roll call vote, Councilmember’s Niemann, Gilbert, Haase, Carney, Gericke, Nickerson, Zapata, Ramsey, and Dugan voted aye. Councilmember Meyer voted no. Motion adopted. Page 10, City Council Budget Meeting, August 18, 19, & 20, 2009 ADJOURNMENT: The meeting was adjourned at 9:25 p.m. RaNae Edwards City Clerk Page 11, City Council Budget Meeting, August 18, 19, & 20, 2009 City Council Budget Meeting – Cont. August 20, 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 Cit y Hall, 100 East First Street, on August 20, 2009. Notice of the meeting was given in The Grand Island Independent on August 12, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, 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 Brandon Pfeifer. The City Council resumed review of the 2009/2010 proposed budget. Mary Lou Brown, Finance Director answered the following questions from last night’s meeting as follows: What is the cost for the six new Fire FTE’s to the General Fund? The six new Fire Department’s FTE’s are dependent upon a successful grant application. These six new employees (if successfully grant funded) will not be hired until the middle of September 2010. The cost of these employees in next year’s budget will be approximately $15,000. During the 2010-2011 budget year, these employees will have a cost of about $350,000 depending upon union negotiated wages and benefits. The first four years of the grant funding will pay nearly 100% of their costs. The fifth year (2014-2015) will be the responsibility of the city’s general fund. The cost during this 5th year would be approximately $400,000 using the 2009-2010 union pay scales. It is our belief that the increasing medical call volume (projected to reach 5,856 by 2015) will easily offset the full cost of these six new FTEs by the time the city is fully responsible for their salary and benefits. Why are there no transfers out from the Library Trust? Other than the fact that the interest earned by this money has dropped off by half, there is no reason that the transfers were stopped. The last transfer took place in 2005 in the amount of $6,240. Should Fleet Services have a negative Cash balance? Steve has updated his projections for Fleet Services for 2009 and those revisions actually result in a positive estimated cash balance for the current fiscal year. We have also determined that it is appropriate to do a one-time allocation to the departments utilizing the services of the Fleet Page 12, City Council Budget Meeting, August 18, 19, & 20, 2009 Department. This allocation is for the fuel tank replacement. The allocations will impact both the General Fund and Enterprise Fund Departments. What dollar impact will we see by lowering the non-union projected salary increase from 4.5% to 3.5 or 3.75%? A 1% reduction to the Non-union employees, inclusive of Department Directors, would amount to approximately $65,000 reduction to the General Fund. What is the total of all travel & training for the year? The total Travel and Training appropriation in the Proposed Budget for the General Fund is $201,724. Contractually, is there any way NOT to increase employee wages this year? The Unions would have to agree to a request to open up the Contracts to discuss a change to the wage settlements. The Union(s) would then have to agree to any reduction. Discussion was held concerning the City’s debt/bond rating. Parks and Recreation – Steve Paustian, Parks and Recreation presented the Parks and Recreation Department budget. There are six divisions in the Parks and Recreation Department: Administration, Park Maintenance/Greenhouse, Recreation/Aquatics, Cemetery, Heartland Public Shooting Park, and Jack Rabbit Run Golf Course. Mr. Paustian reviewed each of the Parks divisions programs and problems. Comments were made concerning revenue sources and future needs in several areas. Councilmember Carney asked about plans for the tennis club. Mr. Paustian stated there had been a request by the tennis club to take over the racket club. Currently they were working on this request and the current contract in place. Councilmember Meyer asked about Lincoln Pool, how often they would be open, and could swimming lessons be changed to the Water Park. Paustian stated the pool was open about 50% of the time. The Heartland Public Shooting Park was discussed regarding the loss of revenue. Councilmember Haase asked about starting the new cemetery on Webb Road. Paustian stated is would be seven to eight years before we would need to start or it would be driven by the need. Pool drains were discussed and the unfunded mandate. Special events were discussed such as the GI Games. The golf course was discussed with regards to being an enterprise fund versus a general fund. Councilmember Dugan questioned the costs of season passes for the water park. Paustian stated they would be increasing the costs of the season passes for next year. Councilmember Ramsey brought up concerns concerning Lincoln Pool safety issues. Councilmember Carney asked about the beer sales at the golf course. Paustian stated the contract had changed with the new manager. Capital Improvement Presentations (CIP): Public Works – Steve Riehle, Public Works Director presented the following CIP projects for the Public Works Department: drainage projects totaling $1,819,500; street construction project – Page 13, City Council Budget Meeting, August 18, 19, & 20, 2009 Stolley Park Road Widening – Locust to Events Center $200,000; bonded street and sewer projects $463,540; miscellaneous Public Works projects $281,000 for a total of $2,764,040. Councilmember Meyer asked about the quiet zones and wayside horns. Riehle stated this probably wouldn’t happen until the 2010 budget year. Storm water planning was discussed. Councilmember Gilbert asked questions about the Stolley Park widening project and Wasmer detention cell. Councilmember Ramsey spoke of concerns about the Stolley Park widening project. Comments were made to extend the project to Stuhr Road. Councilmember Meyer commented on traffic to the State Fair and not knowing how the traffic would flow. He recommended we wait to see where the improvements needed to be made. Northwest drainage project in the amount of $725,000 was discussed. Counc ilmember Niemann commented on Stolley Park widening and agreed with Councilmember Meyer in not doing anything until after the first year of the State Fair. Wasmer was discussed concerning culverts. Councilmember Haase asked about the gas tax. Riehle stated gas tax could be used for street maintenance, street equipment, and street construction. Revenues and expenses for this line item were discussed. Councilmember Meyer stated he supported the project from Stolley for Fonner but not any further. Parks & Re creation (CIP) – Steve Paustin, Parks & Recreation Director presented the following CIP projects for the Parks Department: miscellaneous park projects $150,000; hike/bike trails $200,000; and soccer/baseball field development – Vets Home $1,300,000for a total of $1,650,000. Total Capital Projects were $4,564,040. Councilmember Meyer stated he was very pleased with the hike/bike trails. He suggested Council use the $200,000 from hike/bike and put it towards Police Officers. Councilmember Gericke commented that he would like to see more hike/bike trails on the north side of the city towards the new Vets Home softball complex. Councilmember Nickerson asked about grant funding for hike/bike trail and the needs for more Police officers. Councilmember Zapata questioned Lincoln Park Pool and the cost of a wet play area. Paustian stated a wet play area would cost $1.4 million. Enterprise Fund Presentations: Utilities – Gary Mader, Utilities Department Director presented the Utilities budget. The Utilizes department consisted of Water and Electric. The following budget appropriation was presented for the electric department: operating expenses, taxes, & fee 15%; labor 18%; baseload fuel (coal) 21%; peaking fuel & power purchases 22%; capital – trans/dist 12%; capital – generation 3%; and debt service 9%. Mr. Mader stated fuel costs had doubled in the last few years. Pending regulatory issues consisted of carbon dioxide regulation, mercury regulation, and renewable portfolio standards. The following budget appropriation was presented for the water department: operating expenses, taxes, & fees 36%; labor 14%; capital – reservoirs, pump stations, & wells 7%; capital – distribution 29%; debt service 7%; and power for pumping water 7%. No rate changes were expected for this fiscal year. Page 14, City Council Budget Meeting, August 18, 19, & 20, 2009 Councilmember Haase commented on the cash flow for the electric utilities. Costs for PGS were mentioned. Water department revenues were mentioned regarding a decrease from $6.2 million in 2009 to $4.6 million in 2010. This drop was because of the Alda water main. Councilmember Gilbert asked about not having meters read in the homes. Mader stated they could investigate that option. Public Works – Wastewater – Steve Riehle, Public Works Director presented the Public Works CIP projects with regards to the Waste Water Treatment Plant. The following highlights were presented: personnel 10%; operations 25%; debt service 11%; and capital 51%. Councilmember Meyer asked about other general supplies in the amount of $220,000. Councilmember Gilbert asked about the odor. Riehle stated there were three sources of odor – overloading by JBS, hydrogen sulfite, and rendering or process smells from JBS. Councilmember Dugan asked about the lottery matching fund in the amount of $285,000 and where it was in the budget. Jeff Pederson, City Administrator stated half that amount was in the budget but he couldn’t tell exactly which line item it was in. Councilmember Meyer asked what term was used for the lottery match. Mayor Hornady stated it was a lottery match but didn’t know what the actual title was. Dale Shotkoski, City Attorney stated the city would only be on the hook for two quarters and Lincoln would be responsible for the other two quarters. Councilmember Haase stated it should fall under the non-departmental fund. Mayor Hornady commented on the thorough work from the Department Director’s in bringing forth a balanced budget. Specific changes council wanted needed to be brought forward in motion form so we could wrap up tonight. If not we could continue at next weeks council meeting. Councilmember Nickerson recommended we hear from each councilmember before any motions were made. Increasing the mill levy by 3 from .25 to .28 and the $2 million bonding recommendation were discussed. Discussion was held concerning gathering the information before a vote was taken. Motion by Carney, second by Gericke that we make no changes to the budget tonight. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Gilbert, Haase, Dugan, and Ramsey voted no. Motion adopted. Councilmember Meyer stated he did not want to raise the mill levy. He still wanted to cut travel & training and other expenses in the budget. Councilmember Nickerson asked the council to consider the following: reduce travel & training by 15%; wages – non-union reduce to 3.5 or 3.75; CIP projects move to next years budget – left turn lane by Northwest High School, Wasmer detention cell, and consider reallocating part of the insurance mone y to reinvest in hiring 4 Police Officers. Councilmember Haase commented on the City’s fiscal policy and not having a solvent budget. The following were recommended: CRA tax moratorium and no raise in property tax. Page 15, City Council Budget Meeting, August 18, 19, & 20, 2009 Councilmember Niemann stated the following: a tax rate increase of 1.5 was agreeable but not 3, we needed 4 new Police Officers, travel & training deduction by 25%, wait on Stolley Park Road widening project. Councilmember Dugan stated the following: need 4 Police Officers, not sure it was necessary to increase tax rate by 3 but may have to raise it somewhat, vehicle replacement only if necessary, balancing budget – IT and fleet services have a loss and needs to be looked at, and Heartland Shooting Park, aquatics, recreation to establish a threshold on what the City would be willing to supplement. Councilmember Carney asked Haase for a definition of budget solvency. Councilmember Haase stated there was a time to spend and a time to save. Councilmember Gericke commented on travel and training that some departments asked for a lot and some asked for very little, an across the board cut may not be fair. What was cut this year may come back next year. He didn’t want to raise taxes but may have to. Police Officers were needed even if we don’t get the grant money. Grand Island is in the lower half of all first class cities in Nebraska relative to mill levy rate. Councilmember Ramsey stated Tuesday we need to know what the dollar amount was we needed to look at. A mill levy raise if it went towards the Police Officers and safety issues was acceptable. Councilmember Gilbert stated she would not vote for a raise in the mill levy. She asked if we could use funds from vacant fire fighters positions to be used for new Police Officers. Find a different way to fund the pumper truck. Overtime was mentioned to go back to the 2008 level. Health insurance rates, travel, and training needed to be cut; bookmobile may be a decrease if it is no longer in service, salary decreases. $850,000 is a minimum that needed to be cut. Councilmember Gericke commented on overtime and not having enough help. City Administration Jeff Pederson stated staff would put some figures together and bring the budget back for approval at the August 25, 2009 City Council meeting. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. RaNae Edwards City Clerk Item G3 Approving Re-Appointments of Karen Bredthauer, Scott Ericksen, and Ray Aguilar to the Interjurisdictional Planning Commission The Mayor has submitted the re-appointments of Karen Bredthauer, Scott Ericksen, and Ray Aguilar to the Interjurisdictional Planning Commission. These appointments would become effective immediately upon approval by the City Council and would expire on May 24, 2009. Approval is recommended. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G4 Approving Re-Appointment of Glen Murray to the Community Redevelopment Authority The Mayor has submitted the re-appointment of Glen Murray to the Community Redevelopment Authority. This appointment would become effective August 31, 2009 upon approval by the City Council and would expire on September 30, 2014. Approval is recommended. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 Approving Appointment of Judy Pederson to the Business Improvement District #6 Board The Mayor has submitted the appointment of Judy Pederson to the Business Improvement District #6 Board. This appointment would complete the term of Dallas Kime who resigned. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G6 Approving Appointments of Mike Wooden and James Reed to the Business Improvement District #8 Board The Mayor has submitted the appointments of Mike Wooden and James Reed to the Business Improvement District #8 Board. These appointments would complete the terms of Mark Tracy and K.C. Hehnke who resigned. These appointments would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G7 Approving Request for Reconstruction Liquor License for Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street, License “B-76265” Tuesday, August 25, 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 25, 2009 Subject: Request of Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street for a Reconstruction of Class “B-76265” Liquor License Item #’s: G-7 Presente r(s): RaNae Edwards, City Clerk Background Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street has submitted an application for a Reconstruction of their Class “B-76265” Liquor License. Casey’s is currently in the process of rebuilding the store at this location and anticipate opening the new store in mid to late October 2009. Attached is a drawing of the new store. Discussion 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. Since the store is not completed, final inspection will need to be done at a later date. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for the reconstruction liquor license requested by Casey’s Retail Company dba Casey’s General Store #2737, 1814 North Eddy Street for the Class “B-76265” Liquor License contingent upon final inspections. Item G8 Approving Preliminary Plat for Woodland Park Subdivision Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 25, 2009 Subject: Woodland Park Subdivision Revised-Preliminary Plat Item #’s: G-8 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Independence Ave. and north of Capital Ave., the Preliminary Plat proposes to create 17 lots on a tract of land consisting of part of the West Half of the Southeast Quarter (W1/2, SE1/4) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in City of Grand Island in Hall County Nebraska. This is approximately 13.491 acres. Discussion The revised Preliminary Plat for Woodland Park Subdivision was considered by the Regional Planning Commission at the August 5, 2009 meeting. A motion was made by Aguilar and seconded by Eriksen to approve the plat as presented on the Consent Agenda. A roll call vote was taken and the motion passed with 10 members present (Aguilar, O’Neill, Ruge, Monter, Reynolds, Haskins, Eriksen, Heineman, 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 final plat as presented. Sample Motion Move to approve as recommended. Woodland Park Revised Preliminary Plat Summary Developer/Owner Hastings Ventures L.L.C. 429 Industrial Lane Grand Island NE 68803 To create 17 lots east of Independence Ave and north of Capital Ave, in the City of Grand Island, in Hall County, Nebraska. Size: 13.491 acres Zoning: R2 – Low Density Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Item G9 #2009-194 - Approving Final Plat and Subdivision Agreement for Woodland Park Tenth Subdivision Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 25, 2009 Subject: Woodland Park Tenth Subdivision – Final Plat Item #’s: G-9 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Independence Ave and north of Capital Ave., final plat proposes to create 17 lots on a tract of land consisting of part of the West Half of the Southeast Quarter (W1/2, SE1/4) of Section Two (2), Township Ele ven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island in Hall County Nebraska. This is approximately 13.491 acres. Discussion The final plat for Woodland Park Tenth Subdivision was considered by the Regional Planning Commission at the August 5, 2009 meeting. A motion was made by Aguilar and seconded by Eriksen to approve the plat as presented on the Consent Agenda. A roll call vote was taken and the motion passed with 10 members present (Aguilar, O’Neill, Ruge, Monter, Reynolds, Haskins, Eriksen, Bredthauer, Heineman, 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 final plat as presented. Sample Motion Move to approve as recommended. Woodland Park Tenth Final Plat Summary Developer/Owner Hastings Ventures 429 Industrial Lane Grand Island NE 68803 To create 17 lots east of Independence Ave and north of Capital Ave., in the City of Grand Island, in Hall County, Nebraska. Size: 13.491 acres Zoning: R2 - Low Density Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-194 WHEREAS, Hastings Ventures L.L.C. a Nebraska Limited Liability Company, being the said owner of the land described hereon have caused to be laid out into 17 lots, a tract of land comprising a part of the West Half of the Southeast Quarter (W1/2SE1/4) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, in Hall County, Nebraska, under the name of WOODLAND PARK TENTH SUDIVISION, 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 WOODLAND PARK TENTH 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, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-195 - Approving Final Plat and Subdivision Agreement for R Quandt Subdivision Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 25, 2009 Subject: R Quandt Subdivision – Final Plat Item #’s: G-10 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located west of Quandt Rd., and north of White Cloud Rd., this final plat proposes to create 1 lot on a tract of land comprising a part of the South Half of the Northeast Quarter (S1/2NE1/4) in Section Twenty Three (23), Township Twelve North, Range Nine (9) West of the 6th P.M. in the 2-mile extraterritorial of Grand Island in Hall County Nebraska. This is approximately 4.184 acres. Discussion The final plat for R Quandt Subdivision was considered by the Regional Planning Commission at the August 5, 2009 meeting. A motion was made by Aguilar and seconded by Eriksen to approve the plat as presented on the Consent Agenda. A roll call vote was taken and the motion passed with 10 members present (Aguilar, O’Neill, Ruge, Reynolds, Monter, Haskins, Eriksen, Bredthauer, Heineman, 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 final plat as presented. Sample Motion Move to approve as recommended. R Qua ndt Final Plat Summary Developer/Owner Jerry Quandt 416 Rosewood Circle Grand Island NE 68803 To create 1 lot east of Quandt Rd., and north of White Cloud Rd., in the 2-mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Size: 4.184 acres Zoning: AG-1 Primary Agriculture Zone Road Access: County Roads Water Public: Public water is not available Sewer Public: Public sewer is not available Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-195 WHEREAS, Estate of Ralph C. Quandt, Jerry Quandt, Personal Representative being the said owner of the land described hereon have caused to be laid out into 1 lot, a tract of land comprising a part of the South Half of the Northeast Quarter (S1/2NE1/4) in Section Twenty Three (23), Township Twelve (12) North, Range Nine (9) West of the 6th P.M., in the 2-mile extraterritorial jurisdiction of the City of Grand Island, in Hall County, Nebraska, under the name of R QUANDT 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 R QUANDT 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, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2009-196 - Approving Renewal of Boiler and Machinery Insurance - Utilities Department Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Gary R Mader; Dale Shotkoski;Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Mary Lou Brown, Finance Director Meeting: August 25, 2009 Subject: Boiler and Machinery Insurance – Utilities Department Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department Boiler and Machinery Property Peril and Fire coverage insurance is up for renewal as of October 1, 2009. This insurance is specifically designed for Electric Utilities and is readily adaptable to the Water Utility, which is also included in the coverage. The Utilities Department’s insurance provider, FM Global, provided the attached proposal for renewal of the present coverage. Key provisions included in the proposed renewal are an increase in the insured valuation of $605,998, increasing the total valuation for insurance coverage to $440,304,760; and a premium reduction of $18,010, reducing the annual premium from $393,651 for the current year, to $375,641 for the 2009-2010 year. Additionally, in the proposal, there are provisions for terrorism coverage. The City Council firmly rejected the terrorism coverage several years ago, and it has not been included in subsequent renewals. Price quotes for terrorism coverages are provided in the proposal along with a Policy Holder Disclosure form for execution by the City, either accepting or rejecting terrorism coverage. The complete policy is available in the Utilities and Finance offices for review. The renewal proposal and proposed policy have been reviewed by the Legal and Finance Departments. Discussion The premium for the renewal of the Boiler and Machinery, Property Peril, and Fire coverage is $375,641, which is a 4.6% decrease from the current policy premium. Utility and Finance staff have had additional discussion regarding the Terrorism Coverage. The annual premium to add that coverage is $21,631. The probability that a relatively remote location in the central part of the nation would be targeted for a terrorist attack is evaluated as very unlikely. However, given the demonstrated high magnitude of destruction resulting from a terrorist attack, the potential loss from such an attack could be very high. It is estimated that an attack similar to the Oklahoma City Federal Building, at a high value target such as the Platte Generating Station (PGS), could result in damages in excess of $100,000,000. For perspective, the annual premium adder is roughly equivalent to one day’s fuel use at PGS. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve renewal of the Utilities Department’s Boiler and Machinery, Property and Peril, and Fire Insurance with FM Global, and, if Council agrees, authorization of the Utilities Director to execute the Notice of Terrorism Insurance Coverage form to add that coverage. Sample Motion Move to approve acceptance of the FM Global insurance for the Utilities Department, with authorization to accept the Terrorism Coverage. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-196 WHEREAS, the City’s Utility Department subscribes to insurance for boiler and machinery, property, peril and fire coverage; and WHEREAS, the boiler and machinery, property, peril and fire coverage insurance term expires October 1, 2009; and WHEREAS, the insurance of electric and water utilities facilities is a specialized market with a limited number of potential providers; and WHEREAS, valuation adjustments resulted in an increased total insured value of property from the present amount of $439,698,762 to $440,304,760; and WHEREAS, a proposal was received from the current provider, Factory Mutual Insurance Company of St. Louis, Missouri, in the amount of $375,641; and WHEREAS, the insurance provider requires that the City either except or reject Terrorism Insurance Coverage by executing the form provided; and WHEREAS, the City has opted to accept the Terrorism Insurance Coverage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Factory Mutual Insurance Company of St. Louis, Missouri, with premium in the amount of $375,641 is hereby approved, and the Utilities Director is hereby directed to execute the form to accept Terrorism Insurance Coverage, with a premium in the amount of $21,631. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2009-197 - Approving Release Form For Repairs Made to Solid Waste Division Transfer Station Door Tuesday, August 25, 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 25, 2009 Subject: Approving Release Form for Repairs Made to Solid Waste Division Transfer Station Door Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background On June 27th, 2009 at approximately 10:30 a.m., a Central Waste Disposal rear-load garbage truck was unloading inside the City’s transfer station building. As the driver proceeded to exit the building, the tail section of the truck struck door #4 and the surrounding frame of the building. Solid Waste Division personnel contacted Central Waste Disposal management to discuss the situation. Central Waste Disposal agreed to procure and pay for the services and materials necessary to restore the door and frame to the original condition. On August 4th, 2009, all of the necessary repairs were completed and approved by Solid Waste Division staff. Discussion Waste Connections of Nebraska, Inc., d/b/a Central Waste Disposal, a Delaware Corporation, requests that the attached release form be signed by the City of Grand Island now that satisfactory repairs have been made. 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 release form be signed as presented. Sample Motion Move to approve the signing of the release form. RELEASE The, City of Grand Island, for, and in consideration and acknowledgement of the payment of repair of damage, does hereby fully release and forever discharge Waste Connections of Nebraska, Inc., d/b/a Central Waste Disposal, a Delaware Corporation, and their employees, representatives and agents, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suit, and causes of any kind arising from property damage suffered on or about June 29th, 2009, including all injuries, damages, losses and expenses, financial loss of any kind, liquidated damages, mental distress and anguish, attorneys fees and litigation costs. This Release shall be binding on the City of Grand Island, its assigns, and successors however enumerated. __________________________________ (Signature) _____Margaret Hornady, Mayor________ (Printed Name) ____________________________________ (Date) Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-197 WHEREAS, on June 27, 2009 a Central Waste Disposal rear-load garbage truck struck door #4 and the surrounding frame of the building, causing extensive damage; and WHEREAS, Central Waste Disposal management was contacted immediately by Solid Waste Division personnel; and WHEREAS, Central Waste Disposal agreed to procure and pay for the services and materials necessary to restore the door and frame to the original condition; and WHEREAS, on August 4, 2009 all of the necessary repairs were completed and approved by Solid Waste Division personnel. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the Mayor is hereby authorized, and directed, to sign the release form provided by Central Waste Disposal for said damages and repairs on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2009-198 - Approving Certificate of Final Completion for Sanitary Sewer Project No. 2009-S-2; Saint Patrick Avenue - Manhole and Valve Tuesday, August 25, 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 25, 2009 Subject: Approving Certificate of Final Completion for Sanitary Sewer Project No. 2009-S-2; Saint Patrick Avenue - Manhole and Valve Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background General Excavating Company of Lincoln, Nebraska was awarded a $43,250.50 contract on March 10, 2009. The contract was for the installation of a sanitary sewer manhole and valve for Lift Station #19. In May of 2005 and June of 2008 Lift Station #19 at Diers and Capital Avenue was overwhelmed by infiltration and inflow into the sanitary sewer system. The homes in the O’Flannagan, O’Grady, Kelly and St. Patrick area (commonly referred to as Irish Acres) experienced sanitary sewer backups. Lift Station #19 is scheduled to be replaced with a new and larger station in the future. To protect the Irish Acres neighborhood against future sanitary sewer backups, an isolation valve and manhole was designed to be installed along St. Patrick Avenue just south of Kelly Street. If Lift Station #19 becomes overloaded the valve will be shut and a pump installed to pump around the valve. The system is temporary and will provide significant protection to homes in the Irish Acres area. Work commenced on April 8, 2009 and was completed on May 13, 2009. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. It was completed with an overrun of $6,044.25 because of additional concrete pavement that needed to be removed, for a total cost of $49,294.75. Due to some sections of pavement needing to be replaced the Streets Division of the Public Works Department is going to be paying $5,100.00 towards this project for street repair. 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 for Sanitary Sewer Project No. 2009-S-2. Sample Motion Move to approve the Certificate of Final Completion for Sanitary Sewer Project No. 2009-S-2. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sanitary Sewer Project No. 2009-S-2; St. Patrick Avenue CITY OF GRAND ISLAND, NEBRASKA August 25, 2009 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer Project No. 2009-S-2; St. Patrick Avenue- Manhole and Valve has been fully completed by General Excavating of Lincoln, Nebraska under the contract dated March 10, 2009. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Sanitary Sewer Project No. 2009-S-2; St. Patrick Avenue-Manhole & Valve Unit Total Total No. Description Price Unit Quantity Cost 1. Remove P.C. Concrete Pavement $ 11.00 s.y. 199.00 $ 2,189.00 2. Build 7” P.C. Concrete Pavement $ 74.00 s.y. 199.00 $14,726.00 3. Build Integral Curb $ 26.00 l.f. 97.50 $ 2,535.00 4. Remove 4” P.C. Concrete Sidewalk $ 1.25 s.f. 125.00 $ 156.25 5. Build 4” P.C. Concrete Sidewalk $ 8.40 s.f. 125.00 $ 1,050.00 6. Remove Existing 12” Sanitary Sewer Pipe $ 79.00 l.f. 14.00 $ 1,106.00 7. Build 12” D.I.P. Sanitary Sewer Pipe $ 195.00 l.f. 14.00 $ 2,730.00 8. 12” Joint Encasement $ 460.00 ea. 2.00 $ 920.00 9. Install 12” Sanitary Sewer Gate Valve on 12” D.I.P. Pipe; Gate Valve Supplied by WWTP (Stainless Steel) $ 600.00 l.s. 1.00 $ 600.00 10. Build 5’ Diameter Standard Manhole with Traffic Loading Flat Top $3,440.00 ea. 1.00 $ 3,440.00 11. Build 5’ Diameter M.H. Extra Depth $ 350.00 v.f. 12.67 $ 4,434.50 12. Pavement Sawcut $ 7.00 l.f. 0.00 $ 0.00 13. Furnish and Place Type “B” Bedding $ 14.00 l.f. 22.00 $ 308.00 14. Sheet Piling $6,100.00 l.s. 1.00 $ 6,100.00 15. Constructing Dewatering $9,000.00 l.s. 1.00 $ 9,000.00 --------------- Original Project Total $49,294.75 Summary of Other Costs Engineering – Public Works Department $ 4,929.48 Advertising $ 54.36 Platte Valley Laboratories $ 100.00 Island Sprinkler Supply $ 29.47 Kelly Supply $ 49.92 Precision Industries $ 19.79 --------------- Total of Other Costs $ 5,183.02 TOTAL COSTS OF SANITARY SEWER PROJECT NO. 2009-S-2; ST. PATRICK AVE- $54,477.77 MANHOLE AND VALVE Respectfully submitted, Steven P. Riehle City Engineer/Public Works Director TO MEMEBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer Project No. 2009-S- 2; St. Patrick Avenue-Manhole and Valve be approved. I further recommend that the Costs of Engineering be credited to Account No. 10033001.74516 from Account No. 53030055.85213.53009 in the amount of $4,929.48. I further recommend that the costs of Concrete Pavement Repair be credited to Account No. 53030055.85213.53009 from Account No. 10033506-85351 in the amount of $5,100.00. Respectfully submitted, Margaret Hornady Mayor I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer Project No. 2009-S- 2; St. Patrick Avenue-Manhole and Valve be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-198 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Completion for Sanitary Sewer Project No. 2009-S-2; Saint Patrick Avenue – Manhole & Valve, certifying that General Excavation Company of Lincoln, Nebraska, under contract, has completed the installation of the sanitary sewer manhole & valve; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Completion for Sanitary Sewer Project No. 2009-S-2, Saint Patrick Avenue – Manhole & Valve, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2009-199 - Approving Certificate of Final Completion for Sanitary Sewer District No. 76 Replacement; Vine Street, Between Ashton Avenue and Koenig Street Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Steven R. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 25, 2009 Subject: Approving Certificate of Final Completion for Sanitary Sewer District No. 76 Replacement; Vine Street, Between Ashton Avenue and Koenig Street Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $211,322.19 contract at the June 23, 2009 regulary City Council meeting. Change Order #1 for this project was approved by City Council on July 28, 2009 in the amount of $4,000.00 to a sanitary sewer manhole. This project was necessary due to the deterioration and collapse of the sanitary sewer line that serves this area. Work commenced on June 29, 2009 and was completed on August 7, 2009. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. There was an overrun on the excavation of unsuitable material because the soil under the pipe was unacceptable and had to be excavated and replaced with suitable soil. The entire project was completed with a net overrun of $4,166.15 for a total construction cotract cost of $219,488.34. 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 Certificate of Final Completion for Sanitary Sewer District No. 76 Replacement; Vine Street, between Ashton Avenue and Koenig Street. Sample Motion Move to approve the Certificate of Final Completion for Sanitary Sewer District No. 76. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sanitary Sewer District No. 76 Replacement CITY OF GRAND ISLAND, NEBRASKA August 25, 2009 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer Dis trict No. 76 Replacement has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated June 23, 2009. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Sanitary Sewer District No. 76 Replacement Unit Plan Total Total No. Description Price Unit Quantity Quantity Cost 1. Remove 15” Sanitary Sewer $ 12.80 l.f. 527.10 507.00 $ 6,489.60 2. Build 15” P.V.C. Sanitary Sewer $ 132.19 l.f. 527.10 507.00 $67,020.33 3. Remove Existing Services & Replace $ 1,371.52 ea. 8.00 9.00 $12,343.68 With 4” or 6” P.V.C. Services 4. Remove Existing Storm Sewer Manhole $ 652.27 ea. 1.00 0.00 $ 0.00 At Sta. 0+06.25 (if needed) 5. Build 5’ Diameter Storm Sewer Manhole $ 2,609.45 ea. 1.00 0.00 $ 0.00 6. Build 5’ Diameter Manhole Extra Depth $ 371.13 v.f. .82 0.00 $ 0.00 7. Construct San. Sewer M.H. Entrance $ 1,804.89 ea. 2.00 1.00 $ 1,804.89 8. Remove P.C. Conc. Pavement $ 6.00 s.y. 1,206.00 1,279.78 $ 7,678.68 9. Replace 7” P.C. Conc. Pavement $ 46.17 s.y. 1,206.00 1,279.78 $59,087.44 10. Pavement Sawcut $ 3.80 l.f. 41.00 0.00 $ 0.00 11. Remove 12”, 15” & 18” Conc. St. S. Pipe $ 11.97 l.f. 37.50 8.00 $ 95.76 12. Build 12” Concrete Storm Sewer Pipe $ 48.25 l.f. 22.50 8.00 $ 386.00 13. Build 15” Concrete Storm Sewer Pipe $ 52.00 l.f. 7.50 0.00 $ 0.00 14. Build 18” Concrete Storm Sewer Pipe $ 59.45 l.f. 7.50 0.00 $ 0.00 15. 15” Joint Encasement w/ Furnco San. S. $ 612.74 ea. 1.00 1.00 $ 612.74 16. Furnish and Place Type “B” Bedding $ 19.98 l.f. 527.10 507.00 $10,129.86 17. Construction Dewatering $26,338.56 l.s. 1.00 1.00 $26,338.56 18. Unsuitable Material Excavation $ 23.04 c.y. 600.00 1,020.00 $23,500.80 19. Build 4’ Diameter Manhole $ 4,000.00 l.s. 1.00 1.00 $ 4,000.00 (Change Order #1) -------------- Original Project Total $219,488.34 Summary of Other Costs Engineering – Public Works Department $21,948.84 Advertising $ 67.78 Platte Valley Laboratories $ 750.00 --------------- Total of Other Costs $22,766.62 TOTAL COSTS OF SANITARY SEWER DISTRICT NO. 76 REPLACEMENT $242,254.96 Respectfully submitted, Steven P. Riehle City Engineer/Public Works Director TO MEMEBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer District No. 76 Replacement be approved. I further recommend that the Costs of Engineering be credited to Account No. 10033001.74516 from Account No. 53030055-85213.53009 in the amount of $21,948.84. Respectfully submitted, Margaret Hornady Mayor I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer District No. 76 Replacement be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-199 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Completion for Sanitary Sewer District No. 76 Replacement; Vine Street, between Ashton Avenue and Koenig Street, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the repair; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Completion for Sanitary Sewer District No. 76 Replacement, Vine Street, between Ashton Avenue and Koenig Street, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2009-200 - Approving Contract for Health and Dental Plan Tuesday, August 25, 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 25, 2009 Subject: Health and Dental Insurance Contract Item #’s: G-15 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island has had a contract with Mutual of Omaha and Coventry Health and Life Insurance Company to provide administrative services for the City’s health and dental plan. The City has a partially self-funded plan, meaning that claims are actually paid for by the premium dollars generated through the plan to a certain limit. The City has paid a third party, in this case Coventry, to administer and pay claims and provide stop loss coverage. The City’s current “specific deductible” or stop loss is $150,000 per participant. This means that the first $150,000 of claims for a plan participant is paid for by the premium dollars generated and then the reinsurance carrier picks up the claims that go over that amount. Discussion As a part of routine practice, the City advertises through the RFP process to shop its various benefit packages on a three year cycle. As it has been three years since the health insurance was shopped, it seemed prudent to take a look at the market to see if there was the ability to retain same or similar benefits at a better price. The City has a health insurance committee that has been in place for several years that is comprised of union, non-union, management, non-management Human Resources personnel, Finance and Legal personnel. The City retained Phares Financial Services, Inc. as a consultant to assist with the breakdown of the proposals, compilation of the information and contract negotiations. The committee held interviews with finalists based on the proposals that were submitted. Negotiations ensued and the committee has a recommendation before the Council for the administration of the health and dental plan. The committee is proposing Regional Care, Inc. of Scottsbluff, Nebraska as the new plan administrator. After careful review and consideration, the insurance committee has determined that the proposal from Regional Care, Inc. provided the best package for the price. The City will have a lower overall cost than it has with its current vendor. The contract will commence on October 1, 2009. Regional Care, Inc. has guaranteed their administrative fees for a three year term. Strong Financial Services has been chosen to act as the broker to assist the City and its employees with their daily needs and to provide professional assistance in an ever changing market. The reinsurance will be provided by American National Life Insurance Company of Texas and the transplant policy will be provided by National Union Fire Insurance Company of Pittsburgh, PA. The plan structure will remain much the same as it is today with a few of the following changes; Gastric bypass surgery will no longer be covered, infertility will have a $10,000 lifetime limit, allergy injections will be subject to deductible and then 80/20 co pay, the limit for annual physicals provided in a doctor’s office will be increased to $500, out of pocket limits will increase to $1600 for single coverage and $3200 for family coverage, RX co pays will be $10 for generic, $25 for formulary, $40 for non-formulary and $50 plus 20% with a maximum of $100 for specialty drugs, and a smoking cessation benefit will be added to include one course of medication as long as it is combined with counseling. After discussion with Council through the budget process, the employee’s share of the monthly premium will be increased from 15% to 16% unless otherwise specified in a labor agreement. The contract with RCI (Regional Care, Inc.) specifies administrative fees of $21.65 per employee per month for three years. Currently the City pays $34.83 per month per employee for administrative fees. The fixed cost for the new contract which includes all insurance and administrative fees will have a net reduction of nearly $125,000. The contracts are on file at the City Clerk’s office for review. 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 contracts with Regional Care, Inc, Strong Financial, National Union Fire Insurance Company of Pittsburgh and American National Life Insurance Company of Texas to provide the health and dental insurance benefits for the City of Grand Island employees. Sample Motion Move to approve the contracts administered by Regional Care Inc, of Scottsbluff Nebraska to provide medical and dental insurance benefits for the employees of the City of Grand Island. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR HEALTH AND DENTAL PLAN RFP DUE DATE: May 29, 2009 at 4:00 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: April 13, 2009 NO. POTENTIAL BIDDERS: 11 SUMMARY OF PROPOSALS RECEIVED A+ Brokerage, Inc. Lincoln, NE – Tammy Buffington Blue Cross/Blue Shield – Omaha Mutual of Omaha – Omaha, NE – Christy Lemmers Dental Bid Only Strong Financial Services – Aurora, NE – Cal Strong Aetna Blue Cross/Blue Shied – Omaha Regional Care, Inc. – Scottsbluff Principal Financial Group CNIC Health Solutions UMR Primark - Grand Island, NE – Tom Strand and Dennis McCarty American Administrators Blue Cross/Blue Shield – Omaha - Brad Utoft Blue Cross/Blue Shield direct quote Ryder, Rosacker, McCue and Huston – Grand Island, NE - Ryan Hansen Blue Cross/Blue Shield UMR Cypress American Administrators Principal Financial Group Coventry Health Care – Omaha, NE – Brian Bergman Coventry quote Krull Agency – Hastings, NE – Dan Schwartzkopf Mid American Benefits Blue Cross/Blue Shield Principal Financial Group Regional Care, Inc. – Scottsbluff, NE RCI Bid National Insurance Services, Omaha, NE – Mike Boden Dental and Stop Loss Bid Wilcox Financial Services – McCook, NE Blue Cross/Blue Shield MMSI – Mayo Clinic Mid American Benefits Three Rivers Benefits Corporation First Administrators Great West – Cigna UMR Wellness Partners (Wellness piece) cc: Brenda Sutherland, Human Resources Director Tami Herald, HR Specialist Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent P1335 RESOLUTION 2009-200 Whereas, the City subscribes to health and dental insurance for its employees and other eligible participants, as authorized by the City of Grand Island Personnel Rules and federal regulation; and WHEREAS, the City of Grand Island invited proposals for a Health and Dental Plan, according to the City’s Request for Proposal on file with the City Clerk; and WHEREAS, an Insurance Committee consisting of union and non-union, management, and non-management employees, along with the Human Resources Director, the Finance Director, and the Attorney/Purchasing Agent to review and evaluate the proposals, interview vendors and select the most favorable vendor; and WHEREAS, Phares Financial Services, Inc. of North Platte was retained by the City in a consulting capacity to assist City staff with specialized knowledge in this area; and WHEREAS, Regional Care, Inc. of Scottsbluff, Nebraska submitted a proposal for Administration of the Health and Dental Insurance Coverage in accordance with the terms of the advertisement for proposals and the plans and specifications and all other statutory requirements contained therein, such proposals being in the amount of $21.65 per employee per month from October 1, 2009 through September 30, 2012 or administrative fees; and WHEREAS, The reinsurance coverage is provided under a contract with American National Life Insurance Company of Texas and the transplant coverage is provided under a contract with National Union Fire Insurance Company of Pittsburgh, PA, and the broker is Strong Financial Services, however all contracts would be administered by Regional Care, Inc; and WHEREAS, contracts necessary for the provision of such services and associated stop loss and transplant coverage; and WHEREAS, a Business Associate Agreement and a Administrative Service Agreement will be entered into with Regional Care, Inc. in addition to the aforementioned contracts for other insurance services; and WHEREAS, such contracts also require the City of Grand Island to designate a plan administrator to provide routine administration of the plan documents; and WHEREAS, it is recommended that the Human Resources Director be designated as such plan administrator; and NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Regional Care, Inc. for the administration of health and dental insurance as set out by the contracts is hereby approved. ----- Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2009-201 - Approving Keno Satellite Location and Agreement for A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118 Tuesday, August 25, 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 25, 2009 Subject: Approving Keno Satellite Location and Agreement for A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118 Item #’s: G-16 Presenter(s): RaNae Edwards, City Clerk Background An Interlocal Agreement governing County/City keno operations provides that the City shall have the duty to review and approve satellite operations within the City. Fonner Keno, Inc. has previously been licensed to operate keno at Fonner Park as well as other facilities in the City that have been designated as satellite locations for the operation of keno. Discussion A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118 has submitted a request for approval of a satellite location at the premises of Bandits, 1016 North Diers Avenue, Suite 118. This request was approved by Hall County at their August 18, 2009 meeting. Approval of the Satellite Agreement between A. Meier, Inc. and Fonner Keno, Inc. is required along with approval for the satellite location. The Agreement has been reviewed by the Legal and Building Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the request of The Chicken Coop of Grand Island, Inc. 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 request for a Keno Satellite Location and Agreement for A. Meier, Inc. 1016 North Diers Avenue, Suite 118. Sample Motion Move to approve the request for a Keno Satellite Location and Agreement for A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-201 WHEREAS, the County of Hall and the City of Grand Island entered into an Inter-Local Cooperation Agreement to permit the operation of keno within Hall County; and WHEREAS, Fonner Keno, Inc. has previously been licensed to operate keno and certain locations have been designated as satellite locations for the operation of keno; and WHEREAS, the County of Hall has selected an additional satellite location for approval for the operation of keno, such location being the premises at 1016 North Diers Avenue, Suite 118 in Grand Island, Nebraska, owned by A. Meier, Inc. dba Bandits, a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that A. Meier, Inc. dba Bandits, a Nebraska corporation, located at 1016 North Diers Avenue, Suite 118, Grand Island, Nebraska is hereby approved as an additional satellite location for the operation of keno, subject to entering into the proper agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2009-202 - Approving Keno Satellite Location and Agreement for Sluggers, Inc. dba Sluggers Sports Bar and Grill, 707 West Anna Street Tuesday, August 25, 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 25, 2009 Subject: Approving Keno Satellite Location and Agreement for Sluggers, Inc. dba Sluggers Sports Bar and Grill, 707 West Anna Street Item #’s: G-17 Presenter(s): RaNae Edwards, City Clerk Background An Interlocal Agreement governing County/City keno operations provides that the City shall have the duty to review and approve satellite operations within the City. Fonner Keno, Inc. has previously been licensed to operate keno at Fonner Park as well as other facilities in the City that have been designated as satellite locations for the operation of keno. Discussion Sluggers, Inc. dba Sluggers Sports Bar and Grill, 707 West Anna Street has submitted a request for approval of a satellite location at the premises of Sluggers Sport Bar and Grill, 707 West Anna Street. This request was approved by Hall County at their August 18, 2009 meeting. Approval of the Satellite Agreement between Sluggers, Inc. and Fonner Keno, Inc. is required along with approval for the satellite location. The Agreement has been reviewed by the Legal and Building Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the request of The Chicken Coop of Grand Island, Inc. 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 request for a Keno Satellite Location and Agreement for Sluggers, Inc. 707 West Anna Street. Sample Motion Move to approve the request for a Keno Satellite Location and Agreement for Sluggers, Inc. dba Sluggers Sports Bar and Grill, 707 West Anna Street. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-202 WHEREAS, the County of Hall and the City of Grand Island entered into an Inter-Local Cooperation Agreement to permit the operation of keno within Hall County; and WHEREAS, Fonner Keno, Inc. has previously been licensed to operate keno and certain locations have been designated as satellite locations for the operation of keno; and WHEREAS, the County of Hall has selected an additional satellite location for approval for the operation of keno, such location being the premises at 707 West Anna Street in Grand Island, Nebraska, owned by Sluggers, Inc. dba Sluggers Sports Bar and Grill, a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Sluggers, Inc. dba Sluggers Sports Bar and Grill, a Nebraska corporation, located at 707 West Anna Street, Grand Island, Nebraska is hereby approved as an additional satellite location for the operation of keno, subject to entering into the proper agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2009-203 - Approving Amendment Number 3 to Agreement with CH2MHill for Waste Water Comprehensive Plan Update Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 25, 2009 Subject: Approving Amendment Number 3 to Agreement for Waste Water Comprehensive Plan Update Item #’s: G-18 Presenter(s): Steven P. Riehle, Public Works Director Background CH2M Hill, Inc. of Englewood, Colorado was hired to update the Waste Water Comprehensive Plan under an agreement for $346,200 that was approved by the council on October 11, 2005. Amendment number 1 to the agreement was approved by the council on September 11, 2007. The amendment provided for changes in the scope of work including regulatory review, alternative analysis and odor evaluation. The agreement included no change in cost. Amendment number 2 to the agreement was approved by the council on April 28, 2009. The amendment provided for budget and schedule modifications. The cost of the agreement was $35,038. Discussion The loadings to the treatment plant have changed significantly in the last year with the new JBS lagoon coming on-line in July of 2008 and the old lagoon coming back on-line in February of 2009. The Biochemical Oxygen Demand (BOD) loading on the plant has reduced significantly, changing the carbon to nitrogen ratio of the plant’s waste water, reducing the plant’s ability to de-nitrify, and increasing the difficulty of treatment. Future cost savings options to deal with this loading charge were discussed during an alternatives evaluation workshop on July 14, 2009. Amendment number 3 with CH2M Hill, Inc. provides for consulting services to evaluate those options and make recommendations that will be used in the comprehensive plan as well as the upcoming design of aeration basin improvements. The services include analysis of split streams of waste water flows from JBS, future regulatory requirements regarding nutrient loadings, and modeling the impact of the options. The possible options are important because they can result in a capital improvements plan that can save millions of dollars. 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 resolution authorizing the Mayor to execute the Amendment. Sample Motion Move to approve Amendment Number 3 with CH2M Hill, Inc. of Englewood, Colorado under the Standard Agreement for Professional Services dated October 18, 2005. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-203 WHEREAS, on October 11, 2005, by Resolution No. 2005-293, the City Council of the City of Grand Island approved an agreement with CH2M Hill, Inc. of Englewood, Colorado, in the amount of $346,200, to perform engineering services for the Waste Water Comprehensive Plan Update; and WHEREAS, on September 11, 2007 the City Council approved Amendment Number 1 with CH2M Hill, Inc. which modified the scope of the original contract without the appropriation of additional funds; and WHEREAS, on April 28, 2009 the City Council approved Amendment Number 2 with CH2M Hill, Inc which accounts for schedule modifications and the associated fee adjustments , for a cost not to exceed $35,038.00, WHEREAS, city staff has negotiated Amendment Number 3 with CH2M Hill, Inc. which represents scope, budget and schedule modifications to perform additional analysis in order to minimize capital improvement program project needs, at an additional cost not to exceed $24,880.00, for a revised total agreement price of $406,118.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 3rd amendment to the agreement with CH2M Hill, Inc. of Englewood, Colorado is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the amendment to the agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Mosaic Group Home for a Conditional Use Permit for a Mosaic Group Home Located at 2905 West 5th Street This item relates to the aforementioned Public Hearing Item E-2. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2009-204 - Consideration of Request from Tycoon Ltd., LLC dba Empire, 123 East South Front Street for a Class “C” Liquor License and Liquor Manger Designation for David Karmazin, 2981 Highway 4, Lawrence, Nebraska This item relates to the aforementioned Public Hearing Item E-1. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-204 WHEREAS, an application was filed by Tycoon Ltd., LLC, doing business as Empire, 123 East South Front 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 August 15, 2009; such publication cost being $14.73; and WHEREAS, a public hearing was held on August 25, 2009 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of David Karmazin, 2981 highway 4, Lawrence, 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, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2009-205 - Consideration of Requesting the Nebraska Liquor Control Commission to Require Club 69, 106 East 3rd Street to Complete a Long Renewal Form Tuesday, August 25, 2009 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: August 25, 2009 Subject: Club 69 Liquor License Application Item #’s: I-2 Presenter(s): Steven Lamken, Police Chief Background The Police Department is requesting the City Council to vote to require the owner of the Club 69 Liquor Establishment to make a new application for a liquor license to the Nebraska Liquor Commission. The Police Department is making this request based upon the call history; lack of cooperation by the owner; and lack of control of the establishment by the owner. A twelve page call history has been provided outlining the Police Department contacts at Club 69 since November of 2006. Discussion The Police Department recommends that the City Council vote to recommend to the Nebraska Liquor Commission that the owner of Club 69 liquor establishment be require to submit a new application for the renewal of the liquor license. The Police Department bases this request upon several factors. The Department has responded to 295 calls at Club 69 since November 23, 2006. Many of these calls involve disturbances, intoxicated persons and violence. Many of the calls involve assaults. The vast majority of these calls required multiple officers to respond. The call volume and number of officers needed creates a disproportionate demand for law enforcement services and negatively affects the Police Department's ability to provide other law enforcement services in the community. A twelve page report from Sergeant Vitera provides documentation on the number and nature of calls for service and comparisons with other on sale liquor establishments in the City. Mr. Nickie Kallos, the Club 69 owner, has demonstrated that he is not fit, willing or able to properly provide the service proposed within the City. There are numerous instances where Mr. Kallos is argumentative and confrontational with officers responding to calls at Club 69. There are numerous instances where Mr. Kallos confronts officers, interferes with their efforts and uses profanity towards the officers as they are attempting to respond to violent or difficult situations. The report provides documentation of many instances that demonstrate Mr. Kallos is not fit, willing, or able to provide the proposed service. Mr. Kallos has demonstrated that the management and control of Club 69 does not conform to all provisions and requirements of the rules and regulations governing liquor licenses. Mr. Kallos has demons trated that he lacks management ability. He does not enforce standards. Patrons are allowed to become intoxicated. Patrons are not checked for proper identification. Patrons are allowed to create disturbances, commit assaults and other acts without efforts to control them. Mr. Kallos often escalates situations or interferes with officers when they have to respond to calls at Club 69. Mr. Kallos has demonstrated that he does not have control of his establishment as evidence by the number of disturbances, crimes and calls responded to by the Police at Club 69. The report provides documentation of instances where Mr. Kallos does not uphold rules and regulations and is not in control of the liquor establishment. The Police Department is facing staffing difficulties. Calls and demands for service are creating more and more critical times when there are no officers available to respond to calls. The high service demand and nature of calls at Club 69 puts a strain on the adequacy of existing law enforcement resources. The majority of calls for service at Club 69 require multiple officers due to the nature of the calls and the history of violence. Club 69 is creating a strain on the resources of the Police Department. The report documents the high demand for police services generated from the Club 69 license. The Club 69 business is not consistent with the public interest in Grand Island. The business creates an environment where people will not come to the area or use the sidewalk in front of the business. The business breeds crime and violence. Club 69 generates high demands for limited Police Department resources. The owner does not manage or control the business and frequently contributes to the problems associated with the liquor license. 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 request to require Club 69 to make a new application for a liquor license with the Nebraska Liquor Commission. Sample Motion Move to approve that the City of Grand Island request that the Nebraska Liquor Commission require the owner of the Club 69 liquor license to make application for a new license for the following reasons: 1. The owner, Mr. Kallos, has not demonstrated that he is fit, willing and able to properly provide the service proposed within the City. 2. The owner, Mr. Kallos has not demonstrated the type of management and control in owning the licensed premise to be sufficient to insure that the licensed business conforms to the provisions and requirements of the license. 3. There are multiple on sale liquor establishments in Grand Island of which none demand the level of law enforcement services that Club 69 requires. Club 69 requires the use of additional law enforcement resources because of high calls for service and crimes generated from the liquor license. 4. The Grand Island Police Department frequently lacks adequate resources to police Club 69 and respond to the calls for service and crimes generated by the liquor license. 5. The Club 69 liquor license is not consistent with the public interest. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today 7/22//09 The Grand Island Police Department has had to spend a significant amount of time, manpower, and resources dealing with problems and criminal activity occurring at or spilling out of Club 69. According to the Nebraska Liquor Control Commission website, Club 69 obtained a liquor license on 5/17/06. I searched our database from the time the license was issued until the present. I located 315 calls for service. Twenty-five of the calls were police-initiated bar checks. The following information is a list of select law enforcement calls and contacts involving Club 69 which illustrates what law enforcement has been dealing with for the past three years and two months. On 11/23/06, police responded to a fight in front of Club 69. A bouncer observed two males in a physical altercation in the middle of the street. He was able to detain one of them who attempted to get away. One of the men had exited Club 69 just before the assault occurred. Neither party wanted to press charges. I don’t know where the call originated from. On 11/25/06, a Club 69 bouncer was arrested inside the bar on a local misdemeanor warrant. On 12/2/06, officers took an assault complaint that occurred inside Club 69. It was determined to be a shoving match between two females. The complaint was unfounded. Also, an officer observed a fight break out as people exited Club 69 on 12/2/06. Gang memb ers were assaulting another male. The victim said that he heard one of the people yell out “East Side” as he was being assaulted. The East Side Locos are a gang in Grand Island. The victim did not wish to press charges. This assault occurred about one hour before the other one and was not related. On 12/9/06, an officer observed a Club 69 bouncer physically removing a patron from the bar. The officer stopped to help and identified the patron as a documented gang member. The bouncer told the officer that the patron had used a prison I.D. card to enter the bar. The officer spoke to the owner about letting people in the bar with an improper I.D. card. On 12/16/06, officers did a “bar check” at Club 69. They observed several gang members inside the bar. One of the gang members could not produce any form of identification. He was told to leave the bar. The officers warned “security personnel” about letting people in the bar without identification. On 12/24/06, an officer saw a man standing in front of Club 69 with a bottle of beer. The man was extremely intoxicated. The officer got a BAC of .224 using his PBT. The man said he had taken the beer out of Club 69 by concealing it in his jacket pocket. The officer noted that it was impossible to completely conceal the bottle in the pocket. On 12/30/06, Club 69 called to have an intoxicated patron removed from the bar. The male refused to leave and was arrested for obstruction and trespassing. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 1/1/07, officers were detailed to Club 69 for an assault. One assault took place just outside the bar. A female was referred to the County Attorney for that assault. Officers also found a gang member inside the bar who had been involved in a fight. He didn’t wish to file a report. Officers were also later called to the hospital to speak to yet a different assault victim from Club 69, but he didn’t want to make a report either. It’s unknown if he had been fighting with the gang member who didn’t want to make a report. On 1/5/07, an officer was flagged down by people running out of Club 69. The officer was told that an assault had just occurred inside the bar. A female had hit another female over the head with a beer bottle. The suspect was referred to the County Attorney. On 1/19/07, officers performed an alcohol compliance check. One man was arrested on an outstanding warrant. Another man was arrested for false reporting. PBT’s were given to some of the customers. Results were: .166, .215, .217, .239, .261, .263. The two highest tests still had drinks in their hands. One of them had to be told to quit drinking, and the drink had to be taken out of his hands. A 20 year old girl was encountered inside the bar. She didn’t have any I.D. on her. She advised that she walked into the bar without being carded. On 2/23/07, a group of 15 to 25 people came out of Club 69 and two or three of them began to actively fight. One man was bitten by another man. The man who got bitten also got stabbed by a different man. He underwent surgery at the hospital. One suspect was arrested, and the other was referred to the County Attorney. While investigating the crime, an officer spoke to the owner of Club 69. He asked the officer where the assault took place. Before the officer could answer, the owner stated that if it didn’t occur on his sidewalk, it wasn’t his responsibility. On 2/25/07, an officer observed a male carrying beer out of Club 69 at 0106 hours. At 0121, the same officer observed another male carrying beer out of the bar. The officer contacted Nickie Kallos who got very angry and said the officer was picking on him. When asked about people carrying out beer after hours, he said, “What the fuck do you want me to do?" When told that he would be referred for charges, Nickie said, "I don't care, I will just pay the fucking fine!!" On 3/3/07, officers responded to Club 69 to investigate a domestic assault. One of the parties involved in the assault made the call. One person was jailed, and the other person was referred to the County Attorney. After officers finished the assault complaint, they observed the bouncer escorting a male out of the bar. One of the officers spoke to the man who had been escorted out. He was extremely intoxicated. He tested .217 on a PBT. The man said that he was drunk before he got to Club 69. He also said that he been at Club 69 for an hour or an hour and a half and been served while he was there. He would not identify the bartender. On 3/10/07, officers were looking for a vehicle that someone had taken without permission. The vehicle was located parked directly in front of Club 69. A man exited the bar and said he had been driving the car. The officer asked him for I.D. The man said that he didn’t have any I.D. They just let him in the bar. The officer searched the man, and didn’t find any I.D. The man had a marijuana pipe in his pocket along with a half full bottle of vodka in the car. He was eventually cited for unauthorized use of a motor vehicle, possession of drug paraphernalia, and an open container violation. He was 23 years old. On 3/11/07, officers were looking for a subject in Club 69. When they found him inside the bar, he had methamphetamine and drug paraphernalia on his person. He was arrested. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 3/24/07, an officer was conducting a bar check when he observed a male leave the bar carrying and drinking a beer. The man was arrested. A subsequent search of the man revealed that he had meth on him and prescription pills that weren’t in their original bottle. On 3/31/07, officers responded to a complaint of a stabbing at Club 69. It turned out to be a false report. The subject who made the call was located in the same block as the bar. He was arrested for making a false report. On 4/29/07, an officer spotted a male with an outstanding warrant standing outside of Club 69. The male resisted arrest, and a Taser had to be used on him. While dealing with the male, a female walked by the officer. She was also arrested for an outstanding warrant and false reporting. On 5/12/07, an officer drove by Club 69 at closing time and observed a large crowd standing in the middle of the street. A female was assaulting a male. The female was arrested for assault and resisting arrest. On 5/20/07, an officer observed some gang members exit Club 69 and then get into a fight across the street. One man was arrested, and one man was referred to the County Attorney. On 6/15/07, officers were doing a bar check and arrested a woman inside Club 69. She had a local misdemeanor warrant. On 6/22/07, officers were detailed to a disturbance at Club 69. One officer observed a woman standing in front of the bar yelling. She went back inside the bar before the officer could contact her. No further action was taken. On 6/30/07, the police received an anonymous call about a man with a warrant inside Club 69. Officers located the man inside the bar and arrested him on a local misdemeanor warrant. On 7/8/07, officers were detailed to Club 69 on a report of a male bleeding from the head. Officers found a subject inside the bar bleeding from his head with a broken beer bottle beside him. Two known gang members were referred to the county attorney for prosecution. On 7/14/07, officers were detailed to Club 69 for an assault. One female assaulted another on the dance floor giving her a bloody nose. A referral was done to the county attorney. The report was marked with a “gang affiliation” designation. On 7/15/07, a female was assaulted by two other females inside Club 69. The two suspects were referred to the county attorney for assault. Also on 7/14/07, officers were called to Club 69 for a domestic disturbance inside the bar. Parties left prior to officers’ arrival. No further action was taken. On 7/20/07, a bouncer at Club 69 was arrested there on a warrant. On 7/21/07, a gang member was arrested on a warrant inside Club 69. On 7/23/07, officers responded to several intoxicated subjects arguing outside the bar. No enforcement action was taken. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 7/29/07, officers responded to a complaint of an assault that occurred at Club 69. Two females assaulted another female. Referrals were done to the county attorney. Also on 7/29/07, while officers were investigating the assault listed above, another fight broke out in the crowd outside the bar. Two females were punching and kicking each other in front of officers. Citations were is sued. On 7/30/07, officers investigated a domestic assault which occurred inside Club 69. A male was later arrested at a different location. On 8/12/07, officers were detailed to Club 69 for a physical fight. The following information is copied from one of the responding officer’s report. It details Club 69’s owner, Nickie Kallos Jr.’s lack of cooperation with law enforcement. On 08/12/07 at approximately 0010, I responded to a report of a physical fight at Club 69, 106 3rd St. E. Upon arrival, I observed several people running away from the area of the bar. I did was not able to contact any suspects at the scene. The owner of Club 69, Nickie J. Kallos Jr., asked to speak with me. Nickie advised the fight was not his fault and the people involved left. He is tired of extra attention from police for small fights at his bar. He did not think the police involvement was necessary because he has his own security crew take care of the incidents. He was confident that fighting at his bar has been significantly reduced in the past few months. I advised him to contact 911 immediately any time a physical fight breaks out. I told him, "Let us handle it." Nickie said, "I'm not going to call 911 for little misdemeanor assault shit. I'll call on felonies." I warned him of the importance of notifying police in the event of an assault at his bar. I spoke with him about civil liability and potential for serious injury. He again advised, "I'll call on felonies." I told him it was our job to determine if an assault is a felony, so he needs to notify police. On 9/6/07, an officer found a man who staggered across the railroad tracks while the arms were flashing and in the down position. The officer said the man just missed being struck by a train by about 5 feet. The man was so intoxicated that he didn’t hear or see the train and didn’t remember the arms being down. The man said he had been drinking at Club 69. Officers relocated to Club 69 and were told that the man had been in the bar from about 1900 until 2230. Personnel from Club 69 were warned about serving intoxicated customers. On 9/14/07, a gang member was arrested on a warrant at Club 69. On 9/16/07, officers responded to a disturbance at Club 69. The owner was struck with a beer bottle after he allegedly punched one of the patrons. Two people were arrested, and three people were referred to the county attorney (including the owner). It appears that the county attorney declined to prosecute the owner. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 9/17/07, an officer made a DUI arrest across the street from Club 69. The person arrested had been drinking at Club 69. One of the bouncers approached the officer and asked if he could take her back to the bar and arrange a ride for her. The female was subsequently arrested for DUI, possession of marijuana, possession of drug paraphernalia, and possession of methamphetamine. On 9/21/07, officers were detailed to a large disturbance outside of Club 69. Two males were fighting. They both went to jail after one had to be subdued with a Taser. On 9/24/07, an officer took a report where the victim claimed that his cell phone was lost or stolen while he was at Club 69. On 9/28/07, officers responded to a fight in the area of Club 69. One subject who had just left Club 69 got into a knife fight with another subject. Both subjects were treated at the hospital for puncture wounds. On 9/29/07, officers investigated a domestic assault that originated inside Club 69. A man was jailed, and a woman was referred to the county attorney. On 9/30/07, officers were detailed to a fight outside of Club 69. One person was jailed and another person was referred to the county attorney. On 10/7/07, officers observed a disturbance in front of Club 69. One of the participants had just come out of Club 69. A man was jailed for 3rd degree domestic assault, possession of drug paraphernalia, and a Lancaster County warrant Another male was jailed for obstructing an officer after they had to use the Taser on him. Also on 10/7/07, a woman was referred to the county attorney for assaulting two other women in the parking lot across the street from Club 69 after they left the bar. On 10/13/07, a man with a warrant was arrested at Club 69. On 10/14/07, an officer referred a female to the county attorney for assaulting a male inside of Club 69. On 10/20/07, the owner of Club 69 was verbally warned for a noise violation. On 10/21/07, an employee of Club 69 informed a police officer that two men had brought alcohol into the bar. The alcohol was poured out, and the men left. Also on 10/21/07, two men were involved in a “shoving match” outside Club 69. No action taken. On 11/03/07, a man was jailed for a felony assault, using a weapon to commit a felony, possession of marijuana less than an ounce, and trespassing after he stabbed another man in the neck with a hair pick inside Club 69. Also on 11/3/07, a bouncer at Club 69 requested law enforcement assistance to help him check three men for weapons. No weapons were found. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 11/4/07, a man was referred to the county attorney for criminal mischief after he knocked another man off of his motorcycle (cycle tipped over) in front of Club 69. On 11/8/07, a man was jailed for an assault that occurred in front of Club 69. The man was also arrested for carrying a concealed weapon (knife). On 11/10/07, the owner of Club 69 requested law enforcement assistance to help remove an intoxicated male from the bar. On 11/16/07, officers spotted a man with a warrant in front of Club 69. The man was jailed. On 11/18/07, an officer observed two men fighting in front of Club 69, one man was jailed for assault after a Taser was used on him. On 11/24/07, a man was jailed for trespassing and obstructing an officer at Club 69. On 12/6/07, officer responded to Club 69 to investigate an assault. One man was bleeding from his face and vomiting. The man said he fell down. The owner of the bar advised that another male punched the bleeding man because he was causing problems inside the bar. The assailant fled the scene. The victim did not make a report. On 12/8/07, a man reported that he was assaulted at Club 69, but he didn’t want to make a formal report. On 12/17/07, an officer took a report where Club 69 had a damaged window. A customer threw a piece of ice and broke the window. On 12/30/07, a man got assaulted outside of Club 69 after a confrontation between several males inside the bar. The injured male did not make a report. On 12/31/07, a female at Club 69 was arrested on a warrant. On 1/6/08, a man was referred to the county attorney for assaulting a bouncer at Club 69. On 1/12/08, a pregnant woman was struck in the stomach when a fight broke out on the dance floor at Club 69. No criminal report taken. On 1/13/08, Club 69 requested help removing someone from the bar. On 1/27/08, officers helped escort a man out of the bar at the request of Club 69. On 2/5/08, a man with a black eye advised he was assaulted inside Club 69, but he didn’t wish to file a report. On 2/22/08, a female subject was arrested inside the bar for drinking and violating the terms of her probation. On 2/23/08, Officers were flagged down at Club 69. A man was lying on the ground in front of the entrance. He had a large bump on his head that was bleeding. A bouncer told officers that the man was inappropriately touching women inside the bar. The bouncer pushed him out the door. The man fell down Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today and hit his head. Another man tried to pick up the injured man. The man trying to move the injured man was jailed for assaulting an officer, obstructing an officer, and resisting arrest. Also, on 2/23/08, a man inside Club 69 was arrested on a warrant. On 3/9/08, two men were jailed for assaulting each other in front of Club 69 after police had tried to break them up. On 3/22/08, officers were detailed to Club 69 for a disturbance. Officers learned that two men assaulted another man while he was dancing because they thought he was “throwing gang signs.” One man was referred to the county attorney. On 3/23/08, Officers investigated an assault at Club 69. No action was taken because the victim was uncooperative. On 3/30/08, an officer saw a young man walk into Club 69. The officer knew the man did not have any I.D. because the officer had recently seized it. The following is an excerpt from the officer’s report: While patrolling the downtown area on 3-30-08, I observed D.B. walk into Club 69. I knew D.B. did not have any form of identification on his person because I had seized his license earlier on that date because of a license pick up order. I stopped and made contact with D.B. at the front door, who appears to be younger than twenty one years old. I advised D.B. that he could not be in the bar without any form of identification, unless he had gotten one on Saturday. D.B. confirmed that he had not gotten an ID card. While I was speaking with D.B. Nickie Kallos, bar owner of Club 69, came out and asked "What's wrong now?" I advised Kallos that D.B. did not have any form of identification on his person (and the reason that I knew he did not) and Kallos got agitated and said "he is my girlfriend's brother" and "he just got here". I advised him that it could easily appear to law enforcement (other than me) that D.B. was not old enough to be in the bar and ask for verification of age, which D.B. would not be able to provide. Kallos became more agitated and said "You fuckers are always trying to pin stuff on me, but how many times have you been able to do it, huh?? One fucking time was all". Kallos also stated "I know the fucking laws and the liquor commission isn't going to do a fucking thing to me and neither can you!” At this point I was convinced that Kallos was not going to be cooperative with me so I left after I advised I would document the incident and he said "Go right ahead, I don't give a fuck". I later saw D.B. standing by the front door still. On 4/13/08, an employee of Club 69 called and requested that a male be arrested for trespassing. The customer was causing problems inside the bar and refused to leave. The man was jailed. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today Also on 4/13/08, officers responded to a fight at Club 69. Three people were jailed. One was jailed for 3rd degree assault on a police officer and obstructing a police officer. The second person was jailed for 3rd degree assault on a police officer, terroristic threats (to a police officer), obstructing a police officer, resisting arrest, strangulation, 3rd degree assault, and a Hall County warrant. This subject is a Blood gang member. The third subject was jailed for 3rd degree assault, prohibited acts, and resisting arrest. On 4/18/08, two men at Club 69 agreed to fight. After punching each other several times, one of the men fell backwards into a brick wall. This man had a broken “nasal bone.” This man was referred to the county attorney for 3rd degree mutual assault. The other man was referred for 1st degree assault. On 4/19/08, after a formal noise complaint was made, the owner of the bar was cited for disturbing the peace. On 4/20/09 at 0135, a male was arrested for DUI. The car was parked and running with the male sitting behind the driver’s seat in front of Club 69. On 4/25/08, officers got an anonymous complaint from someone at Club 69 saying that a female with a warrant was inside the bar. Contact was made with the owner and a bouncer. They said that they hadn’t seen the person in question since other officers had searched the bar. An officer then found the person with the warrant. She was hiding in the DJ booth. On 5/18/08, three gang members were jailed for fighting in front of Club 69. On 6/5/08, officers were conducting a bar check at Club 69 and removed three people from the bar because they were in violation of the City’s smoking ban. On 6/17/08, officers were detailed to Club 69 to arrest a man with a warrant. The man was located and jailed. On 6/29/08, two woman were jailed for 3rd degree assault and disturbing the peace by fighting while they fought inside Club 69. On 7/4/08, after an altercation inside the bar, one man was jailed for 2nd degree assault, and a woman was referred to the county attorney for a 3rd degree assault. On 7/6/08, officers responded to a complaint of a protection order violation at Club 69. The suspect was not located. On 7/16/08, while an officer was investigating an assault complaint at Club 69, he observed a woman leave the bar who had an arrest order for a probation violation. The officer jailed the woman. On 8/3/08, one of the Club 69 bouncers was arrested on 3 Hall County warrants. On 8/10/08, A male was arrested for 3rd Degree Assault and Refusal to Sign Citation at Club 69 following an investigation in which the male subject struck a female inside the club. On 8/12/08, an officer was flagged down regarding subjects with motorcycles on sidewalk doing power stands in front of the bar. Suspects departed prior to arrival. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 8/17/08, an officer reported a large group fighting in the street in front of the bar. On 8/23/08, an officer witnessed two females fighting in front of Club 69. One female was arrested for a domestic assault. Also on 8/23/08, a female was arrested for assault in the 2nd degree, willful reckless driving, and driving under the influence of alcohol. Officers were called to Club 69. The arrest was made in the parking lot across the street. On 9/6/08, an officer reported a large verbal disturbance in front of club 69 at 0018. Another one was reported at 0123. On 9/13/08, an officer determined there had been a verbal and possibly physical altercation; no persons identified. Also on 9/13/08, an officer contacted a male who was sitting behind the wheel of his van in a parking stall by Club 69. The keys were in the ignition, and he appeared to be sleeping. He had the smell alcoholic beverage coming from his person. He failed SFST'S and refused a PBT. A sword was found inside a walking stick in his van upon a search. He was arrested for DUI and carrying a concealed weapon. On 9/21/08, an officer took a theft report from a male who said that he lost his wallet while he was fighting at Club 69. On 9/26/08, an officer responded to an indecent exposure report at Club 69. He was unable to locate/identify the suspect. On 9/27/08, officers were called to Club 69 by an anonymous female about another female in the bar who had a warrant. The suspect female was located and arrested. On 10/4/08, officers responded to Club 69 on a disturbance call. Two males were in the parking lot across the street were referred to the county attorney for a mutual assault. Another male was briefly detained and told to leave when it was determined he wasn’t involved. He came back and caused problems. A female living above Club 69 complained about the noise from that man. He was arrested for disturbing the peace. On 10/19/08 at 0114, an officer responded to a disturbance at Club 69. The only documentation from him was a statement that said “usual weekend problems.” On 11/8/08, officers were detailed to Club 69 reference an assault. They contacted and spoke with a male, who stated he had been assaulted by two males inside the bar. On 11/27/08, bouncers kicked three intoxicated males out of the bar. He watched them as they got into a confrontation outside. While the males were in a vehicle they hit the bouncer with the car. The driver was eventually arrested. Another DUI arrest was made as a result of this investigation. On 12/19/08, officers were dispatched to Club 69 regarding two males with outstanding arrest warrants. The men had been hiding in a car parked in front of the bar. They walked away from the bar and were both arrested. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 12/24/08, officers received information about a male with an outstanding arrest warrant out of Montana in the bar. He was located and arrested. On 12/27/08, a documented gang member was arrested for assaulting another male inside the bar. He also had a small amount of marijuana on his person. On 1/1/09, a male was arrested for physically obstructing a stabbing investigation at Club 69. Another male was arrested for terroristic threats. One victim was assaulted with a knife by an unknown individual. No weapon was recovered. On 1/10/09, an officer saw a female outside of Club who had an outstanding arrest warrant. The woman was arrested. Also on 1/10/09, a known gang member was referred to the county attorney for a felony assault for striking another subject with a plastic pitcher of beer inside Club 69. Also on 1/10/09, three males were refused entrance into the bar. As one of them was leaving, he told the bouncer that he was coming back with a Glock. On 1/16/09, a male and female were fighting inside the bar. The female was arrested. On 2/22/09, five people were arrested following a disturbance at Club 69. Three were arrested for fighting in front of the officers, and two were arrested for failing to obey the officers ‘ orders. On 3/7/09, a female reported that her boyfriend had assaulted her inside Club 69. The male was referred to the county attorney for the assault. On 3/8/09, several subjects were arrested stemming from an incident at Club 69. Subjects involved in the disturbance failed to disperse when ordered by Police. Three people were arrested and one was cited for the following charges: Obstructing a Police Officer (x 3), Resisting Arrest , Assault on a Police Officer, Possession of Marijuana < 1oz, Possession of Drug Paraphernalia , Terroristic Threats, and Failing to Disperse. Nickie Kallos was interviewed and said that one of the suspects had threatened him with a knife. Kallos clarified that he had actually seen the knife during the threat. He later changed his story and said he didn’t see the knife, he was just told the knife was involved. He changed his story yet a third time and said that he was actually never threatened at all. On 4/12/09, Officers were standing outside of Club 69 monitoring the crowd when a female came out of the bar shouting there was a fight going on inside. As an officer approached the front door, several males came falling out of the door. There was a lot of pushing and shoving going on. One male was arrested for assault. One of the Club 69 bouncers was referred to the county attorney for assaulting a customer. On 6/7/09, officers got called to Club 69 regarding an unconscious, bleeding male who was lying on the ground in front of the bar. One witness saw the male get punched by another male. She and another witness then saw one of the Club 69 bouncers kick the male on the ground and tell him to get up. He bent over an attempted to pick the man up. When the man didn’t move, the bouncer left. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today On 6/13/09, an officer documented her contact with Nickie Kallos at closing time at Club 69. She wrote the following, “While dispersing the bar crowd at Club 69, the owner, Nick Kallos approached officers, being very belligerent. Kallos was yelling that the officers are liars and something about the liquor commission. Kallos appeared to be intoxicated. He wasn't steady on his feet and he was having a difficult time keeping his eyes focused on the officers present. Kallos' eyes were barely open. Kallos was told to go back into the bar. He did so, but continued to yell at officers. On 6/21/09, an officer documented what he thought was excessive force by the bouncers at Club 69. He gave the following account: While performing an Agency Assist outside Club 69, Nikki Kallos came outside and advised there was a disturbance inside the bar. When I walked into the bar I observed two bouncers dragging a male subject on the floor inside the bar. The force used appeared to be in excess of what was needed since the subject was not fighting back or struggling in any way other than trying to get up and walk on his own and in one bouncer’s words, the man was "just inside the bar when he is not supposed to be." I advised the bouncer that he did not need to use the force used. The male subject was advised to leave the bar and not return. Also on 6/21/09, an ambulance was attending to a patient in front of Club 69. The ambulance was parked in the street blocking the westbound lane. A pickup and pedestrian were stopped blocking traffic in the eastbound lane. An officer told them to move. They moved a little bit and then went back to impeding traffic. One male was cited and the other one was referred for impeding traffic. On 7/18/09, an officer observed a couple of men fighting in the street in front of Club 69. The officer eventually learned that one of the men had assaulted a different man inside the bar and chipped his tooth. The suspect had also threatened Nickie Kallos with a pool cue, according to the bouncer. The suspect was arrested for assault for chipping the one man’s tooth. In conclusion, Club 69 keeps the Grand Island Police Department very busy. As of 7/20/09, I located 315 calls for service at Club 69 with the first documented call occurring on 12/19/06. There were several calls to Club 69 that were not documented (but included in the numeric total) in this report because the people involved couldn’t be located, the event couldn’t be directly related or attributed to Club 69, or the officer didn’t do a report . Of the 315 calls, only 25 were routine, police-initiated bar checks. I checked on some other bars in the area of Club 69 and documented their liquor license issue date and the number of law enforcement calls from that date until the present time. I chose the Las Vegas Bar and Grill which is located at 316 E. 2nd, The Upper Deck which is located at 2110 W. 2nd, The Chicken Coop which is located at 120 E. 3rd , and Slugger’s Sports Bar which is located at 707 W. Anna. The Las Vegas Bar and Grill had their license issued on 9/5/06. Since then, the Grand Island Police Department has had 93 calls there. Seven of those were bar checks. The Upper Deck has had a liquor license since November 2001. They changed ownership in 2005. Since the original license was issued, the Grand Island Police Department has received a total of 107 calls. Two of those were bar checks. The Chicken Coop was issued a liquor license on 2/2/04. The Grand Island Police Department has a total of 49 calls there. None of the those calls were bar checks. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today Slugger’s received a liquor license on 1/3/2000. Since then, the Grand Island Police Department has documented only 10 calls for service. I believe this report not only details the frequency and nature of the activities that law enforcement encounters at Club 69, but it also shows some examples of the attitude and lack of cooperation from the owner and his inability to manage and control the premises. Considering the number of bars in Grand Island and the many options available for citizens to choose from, the activity occurring at Club 69 is not consistent with the public interest. Club 69 accounts for a disproportionate amount of time, manpower, and resources spent there by law enforcement when officers could be working proactively to prevent other crimes that plague our community. Sincerely, Sgt. Dave Vitera Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-205 WHEREAS, Club 69 is located at 106 East 3rd Street and has obtained a Class “C” Liquor License No. “C-70885” on May 17, 2006 which will expire on October 31, 2009; and WHEREAS, the Nebraska Liquor Control Act 53-135. Retail licenses; automatic renewal; conditions; licensed premises within annexed area; effect. States in part: “The commission may at any time require a licensee to submit an application, and the commission shall at any time require a licensee to submit an application if requested in writing to do so by the local governing body”; and WHEREAS, Police records report the Police Department has responded to 295 calls for service at this location since November 23, 2006, many of these calls involving disturbances, intoxicated person, violence, and assaults requiring multiple officers to respond, and WHEREAS: the owner, Mr. Nickie Kallos being argumentative and confrontational with officers responding to calls at Club 69 has demonstrated he is not fit, willing or able to properly provide the service proposed within the city. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a written request be sent to the Nebraska Liquor Control Commission requiring the owner of Club 69 liquor license to make application for a new license for the following reasons: 1. The owner, Mr. Kallos, has not demonstrated that he is fit, willing and able to properly provide the service proposed within the City. 2. The owner, Mr. Kallos has not demonstrated the type of management and control in owning the licensed premise to be sufficient to insure that the licensed business conforms to the provisions and requirements of the license. 3. There are multiple on sale liquor establishments in Grand Island of which none demand the level of law enforcement services that Club 69 requires. Club 69 requires the use of additional law enforcement resources because of high calls for service and crimes generated from the liquor license. 4. The Grand Island Police Department frequently lacks adequate resources to police Club 69 and respond to the calls for service and crimes generated by the liquor license. 5. The Club 69 liquor license is not consistent with the public interest. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of August 12, 2009 through August 25, 2009 The Claims for the period of August 12, 2009 through August 25, 2009 for a total amount of $4,625,276.40. A MOTION is in order. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item -1 #2009-206 - Discussion Concerning Settlement of Demolition Costs for Merrick County Case No. CI 08-40 Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Legal Department Meeting: August 25, 2009 Subject: Authorize Settlement of Demolition Costs Item #’s: SP-1 Presenter(s): Dale Shotkoski, City Attorney or Wesley D. Nespor, Attorney Background The City demolished a structure in the two-mile extra territory jurisdiction pursuant to a court order in case No. CI 08-40 in Merrick County District Court. A lien was granted in the real estate for the demolition costs. The matter is still in controversy. Discussion The City Council has authority to resolve disputes and settle claims of this nature. After discussing the matter in executive session, a resolution would be needed if Council wishes to settle the matter and authorize the legal department to file a satisfaction of lien upon receipt of the funds. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to executive session to discuss litigation and to accept or reject settlement after returning to open session. 2. Take no action. 3. Postpone the issue to future date Recommendation City Administration recommends that the Council discuss the matter in executive session and take such action as the Council deems appropriate in open session. Sample Motion 1. Move to meet in executive session for the purpose of discussing pending litigation and potential settlement in Case No. CI 08-40 in Merrick County District Court. 2. After returning to regular session: move to accept settlement in Case No. CI 08-40 in Merrick County District Court and authorizing the legal department to file a satisfaction of lien upon receipt of funds. or 3. After returning to regular session: mo ve to reject settlement in Case No. CI 08-40 in Merrick County District Court. Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-206 (A) WHEREAS, the City Council has authority to settle disputes and claims; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to accept the offer to settle the judgment lien against Lot 5, Block 3, Schwarz Subdivision in Section 7, Township 11 North, Range 8 West of the 6th P.M. in Merrick County, Nebraska and to authorize the City Attorney to file a satisfaction of judgment upon receipt of the funds. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ August 21, 2009 ¤ City Attorney R E S O L U T I O N 2009-206 (B) WHEREAS, the City Council has authority to settle disputes and claims; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to reject the offer to settle the judgment lien against Lot 5, Block 3, Schwarz Subdivision in Section 7, Township 11 North, Range 8 West of the 6th P.M. in Merrick County, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 25, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item X1 Review of Proposed 2009/2010 City Single Budget and Community Redevelopment Authority (CRA) Budget The Mayor and City Council will continue to review the 2009/2010 City Single Budget along with the Community Redevelopment Authority (CRA) budget. A public hearing was held on August 18, 2009 for the public to comment on these budgets. The Mayor and Council continued discussions on the budgets on August 19 & 20, 2009. Final changes to the budgets need to be made by August 26, 2009 so the Council can approve the final budget at their September 8, 2009 City Council meeting. Tuesday, August 25, 2009 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council