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02-23-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 23, 2010 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 This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Presentation by Almquist, Maltzahn, Galloway & Luth for Fiscal Year 2009 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports Terry Galloway from Almquist, Maltzahn, Galloway & Luth will present the Fiscal Year 2009 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports. Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item E1 Public Hearing on Request from Sin City, LLC dba Sin City Grill, 410 West 3rd Street for a Class "C" Liquor License Tuesday, February 23, 2010 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: February 23, 2010 Subject: Public Hearing on Request from Sin City, LLC dba Sin City Grill, 410 West 3rd 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 Sin City, LLC dba Sin City Grill, 410 West 3rd 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 requested is a Liquor Manager Designation for Brent Lindner, 1322 West John Street. 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 of Sin Cit y, LLC dba Sin City Grill, 410 West 3rd Street for a Class “C” Liquor License contingent upon final inspections and the request for Liquor Manager Designation from Brent Lindner, 1322 West John Street. Item E2 Public Hearing on Acquisition of Public Utility Easement Located in an Unplatted Tract of Land Located in the West Half of the Southwest Quarter of Section 12, Township 11 North, Range 10 West (Little B’s Corporation) Tuesday, February 23, 2010 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: February 23, 2010 Subject: Public Hearing on Acquisition of Public Utility Easement Located in an Unplatted Tract of Land Located in the West Half of the Southwest Quarter of Section 12, Township 11 North, Range 10 West (Little B’s Corporation) Item #’s: E-2 & G-4 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A drainage easement is needed to provide for storm sewer to be constructed across an unsubdivided tract to drain from Summerfield Estates to the City's Highland Park drain. The Highland Park drain is the drain along the south side of State Street that is many times called the Moores Creek drainway. This tract is owned by the developer of Summerfield Estates and will be subdivided in the future. The easement is needed until that happens. Discussion This new easement will be twenty (20) feet wide on the north end of Summerfield Estates. At tonight's meeting we are also requesting approval for an agreement with the developer regarding the storm drainage construction. 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 conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Item F1 #9249 - Consideration of Conveyance of Properties at 424 N. Waldo Street, 503 W. Louise Street, and 809 W. Charles Street Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: February 23, 2010 Subject: Consideration of Conveyance of Properties at 424 N. Waldo Street, 503 W. Louise Street, and 809 W. Charles Street Item #’s: F-1 Presenter(s): Joni Kuzma, Community Development Administrator Background The City purchased the structures and properties at 424 N. Waldo Street, 503 W. Louise Street, and 809 W. Charles Street on February 9, 2010 for as a part of the Neighborhood Stabilization Program (NSP) using Community Development Block Grant funds. All structures on the property are to be demolished and the lot redeveloped into new single- family homes for sale to a low-to-middle income first-time homebuyer. The Housing Development Corporation, in compliance with the contract between the City and the Nebraska Department of Economic Development, previously approved, will build a new single-family home according to NSP and City regulations. A Housing Development Agreement between the City and the Housing Development Corporation was approved by Council on December 15, 2009. Discussion Nebraska law requires Council to approve the conveyance of properties at 424 N. Waldo Street, 503 W. Louise Street, and 809 W. Charles St. to the Housing Development Corporation by ordinance subject to remonstrance and demolition. After the ordinance is passed it must be published for three consecutive weeks in the Grand Island Independent. The terms of the conveyance are contained in the housing development agreement which is incorporated by reference into the ordinance Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to adopt the ordinance to convey the property. 2. Postpone the issue to a future date. 3. Take no action on the issue and retain the property. Recommendation City Administration recommends that the Council move to convey the property to the Housing Development Corporation and begin the 30 day remonstrance period. Sample Motion Move to approve the ordinance to convey the property to the Housing Development Corporation and begin the 30 day remonstrance period Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney ORDINANCE NO. 9249 An ordinance directing and authorizing the sale of real estate to the Housing Development Corporation; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing 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. The City of Grand Island, Nebraska, will convey to the HOUSING DEVELOPMENT CORPORATION, the following tracts of land legally described as: 1. Lots One Hundred Seventy-Six (176) and One Hundred Seventy-Seven (177), in Belmont, an Addition to the City of Grand Island, Hall County, Nebraska (424 N. Waldo Street) 2. Lot One (1), in Block Six (6), in Wiebe’s Addition to the City of Grand Island, Hall County, Nebraska (503 W. Louise Street) 3. Lot Two (2), in Block Two (2), in Wiebe’s Addition to the City of Grand Island, Hall County, Nebraska (809 W. Charles Street0 SECTION 2. In consideration for such conveyance the Grantee shall develop the property and abide by the terms of the Neighborhood Stabilization Program guidelines and the Housing Development Agreement between the City and the Housing Development Corporation. Conveyance of the real estate above described shall be by warranty deed. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. ORDINANCE NO. 9249 (Cont.) - 2 - SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to the Housing Development Corporation. a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 23, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9250 - Consideration of Transferring Special Revenue Fund 290 Backflow Expenses to the General Fund Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: February 23, 2010 Subject: Transfer Special Revenue Fund 290 Backflow into General Fund 22001 Building Inspection Item #’s: F-2 Presenter(s): Craig Lewis , Building Department Director Background Included in the budget discussion from last fall was the fact that the projected expenditure for the Backflow Protection Program would continue a historical trend of exceeding fee- based revenue by approximately $20,000, leaving a projected negative balance of $43,109 at year-end. Administration indicated at that time that a Resolution would be brought forward during the year that would increase the fee to reduce or eliminate the deficit. With the implementation of a backflow program some years ago, several individuals and two departments were and continue to be involved in the function of providing safe water to the citizens of Grand Island. The Backflow Fund was established to expense the cost for a position with the Building Department that would be charged with the responsibility of surveying, inspecting, and overseeing the continued testing of the devices installed to protect the water distribution system. Basically, the activity of a plumbing inspector position and the operational cost functioned much like a division of the Building Department. A surcharge was implemented on the water bill of the individual water customer to support that position, and expenses from the building department were charged against that Fund. Some associated expenses were also borne by the Water Fund, although special line-items were not created for them. Discussion We now recommend that the Backflow Protection Program be changed such that the surcharge monies be receipted directly into the Water Fund with the result that the Backflow Fund is eliminated. The Water Fund will then reimburse the General Fund for operational expenses of the program associated with the continued involvement of the Building Department in program oversight, surveying, and inspection. This will effectively result in the Water Fund (Department) assuming full financial responsibility for the Backflow Protection program, which will allow greater latitude in decision making with respect to the intended cost recovery of the fee. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Staff recommends that the Council approve the request and authorize the Ordinance to transfer the Special Revenue Fund 290 Backflow to the General Fund 22001 Building Inspection. Sample Motion Move to approve Ordinance No. 9250 as proposed for the transfer of Special Revenue Fund 290 to General Fund 22001 Building Inspection. Approved as to Form ¤ ___________ February 19, 2010 ¤ City Attorney ORDINANCE NO. 9250 WHEREAS, an ordinance to transfer Special Revenue Fund 290 Backflow expenses into the General Fund 22001 Building Inspection expenses and transfer the FTE from Backflow to the Building Inspection Department and to provide for a departmental billing to be established from the Building Inspection Department to the Water Utility on a monthly basis for the identified cost each fiscal year for the expense incurred for the Building Department participation in the City of Grand Island Backflow program. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Special Fund 290 Backflow expenses shall be transferred to General Fund 22001 Building Inspection expenses and the surcharge revenues shall be receipted in the Water Utility enterprise fund 525. A monthly billing from the Building Department to the Water Utility will be established upon passage and the effective date of the ordinance. Enacted: February 23, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9251 - Consideration of Salary Ordinance Tuesday, February 23, 2010 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: February 23, 2010 Subject: Salary Ordinance Item #’s: F-3 Presenter(s): Brenda Sutherland, Human Resources Director Background Wages for City employees are presented to the City Council for approval in the form of a salary ordinance. An ordinance is being brought forward for Council consideration to support the FTE amendment that Chief Hughes is recommending for the Fire Department. Discussion Chief Hughes is recommending an FTE amendment that will reclassify the following positions; Operations Division Chief, EMS Division Chief, Fire Prevention Division Chief, and Fire Training Division Chief. His recommendation is to classify all four positions as Fire Division Chief. His recommendation will change the job title and pay scale for the new position. A salary ordinance is needed to carry out this direction. The proposed pay range is $27.8470 –$39.1725. The range was arrived at by averaging the four positions that were surveyed last fall. The top number shown in the ordinance ($40.1959) is there to accommodate the employee that is currently in a step outside the range and will remain in that step until the range catches up. 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 #9251. Sample Motion Move to approve Salary Ordinance #9251. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney ORDINANCE NO. 9251 An ordinance to amend Ordinance 9247 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 amend the salary ranges of the IBEW Service/Clerical employees; to rename the position of Purchasing Technician to Accounts Payable Clerk; to rename the position of GIS Technician to GIS Specialist; to display hourly wages rather than biweekly wage for all positions; to remove the positions and salary ranges of Fire Operations Division Chief, Fire Prevention Division Chief, Fire Training Division Chief, and EMS Division Chief; to add the position and salary range of Fire Division Chief; and to repeal those portions of Ordinance No. 9247 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 Hourly Pay Range Min/Max Overtime Eligibility Accountant 21.6100/30.4700 Exempt Accounting Technician – Solid Waste 15.0000/19.7200 40 hrs/week Assistant to the City Administrator 21.0200/29.5900 Exempt Assistant Utility Director – Administration 40.7800/57.4000 Exempt Assistant Utility Director – PGS & PCC 44.1600/62.1800 Exempt ORDINANCE NO. 9251 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Attorney 26.8900/41.4900 Exempt Biosolids Technician 17.0401/23.9867 40 hrs/week Building Department Director 31.5000/44.8200 Exempt Cemetery Superintendent 18.3119/25.7803 Exempt City Administrator 53.8810/75.8161 Exempt City Attorney 37.2300/52.4000 Exempt City Clerk 22.4900/31.6600 Exempt Civil Engineering Manager – Public Works Engineering 28.6200/41.0400 Exempt Civil Engineering Manager – Utility PCC 32.0000/45.6900 Exempt Collection System Supervisor 21.5900/30.6900 40 hrs/week Community Service Officer 12.1000/16.4500 40 hrs/week Custodian – Library, Police 11.0885/15.6476 40 hrs/week Electric Distribution Superintendent 31.2500/42.8300 Exempt Electric Distribution Supervisor 26.3900/36.1900 40 hrs/week Electric Underground Superintendent 27.8300/38.1500 Exempt Electrical Engineer I 25.3300/34.9600 Exempt Electrical Engineer II 29.3800/40.5100 Exempt Emergency Management Deputy Director 21.3600/29.2100 Exempt Emergency Management Director 30.4000/41.5600 Exempt EMS Division Chief 28.6146/40.2621 Exempt Engineering Technician - WWTP 18.8700/26.6600 40 hrs/week Engineering Technician Supervisor 21.0900/30.5300 Exempt Equipment Operator - Solid Waste 15.1218/21.2957 40 hrs/week Finance Director 35.6881/50.2209 Exempt Fire Chief 34.0500/48.2500 Exempt Fire Operations Division Chief 29.9958/42.2055 Exempt Fire Prevention Division Chief 26.3753/37.1111 Exempt Fire Training Division Chief 26.3753/37.1111 Exempt Fire Division Chief 27.8470/40.1959 Exempt Fleet Services Superintendent 24.1300/34.0900 Exempt ORDINANCE NO. 9251 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fleet Services Supervisor 19.2100/26.7600 40 hrs/week Golf Course Superintendent 22.8100/32.9200 Exempt Grounds Management Crew Chief – Cemetery 17.1031/24.0687 40 hrs/week Grounds Management Crew Chief – Parks 17.6161/24.7906 40 hrs/week Human Resources Director 32.2100/45.8900 Exempt Human Resources Specialist 17.2500/25.3500 40 hrs/week Information Technology Manager 28.9540/40.7386 Exempt Information Technology Supervisor 25.4000/39.0400 Exempt Legal Secretary 18.9700/25.5100 40 hrs/week Librarian I 16.5700/23.0500 Exempt Librarian II 18.3500/25.8500 Exempt Library Assistant I 11.6100/15.9800 40 hrs/week Library Assistant II 12.7900/17.6300 40 hrs/week Library Assistant Director 20.9000/29.7900 Exempt Library Clerk 9.5700/13.2800 40 hrs/week Library Director 28.2796/39.8068 Exempt Library Page 7.4300/10.2800 40 hrs/week Library Secretary 13.8900/19.7400 40 hrs/week Maintenance Worker – Golf 13.9425/19.6625 40 hrs/week Manager of Engineering Services 30.8300/44.2500 Exempt Meter Reader Supervisor 17.5366/24.6969 Exempt Office Manager – Police Department 15.1900/21.0406 40 hrs/week Parking Monitor 8.1100/11.0200 40 hrs/week Parks and Recreation Director 31.9851/44.9881 Exempt Parks Superintendent 22.3500/31.6100 Exempt Payroll Specialist 15.9420/22.4290 40 hrs/week Planning Director 31.7148/44.6178 Exempt Police Captain 26.7800/37.6700 Exempt Police Chief 34.0500/48.2500 Exempt Police Records Clerk - Part Time 12.4000/17.2600 40 hrs/week Power Plant Maintenance Supervisor 28.0509/39.4574 Exempt ORDINANCE NO. 9251 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Operations Supervisor 29.2000/42.0400 Exempt Power Plant Superintendent – Burdick 31.9808/45.0026 Exempt Power Plant Superintendent – PGS 36.8688/51.8571 Exempt Public Information Officer 20.0800/28.2600 Exempt Public Works Director 35.8254/50.4141 Exempt Receptionist 12.400/17.9400 40 hrs/week Recreation Superintendent 20.9300/30.0300 Exempt Regulatory and Environmental Specialist 27.6631/38.9119 Exempt Senior Accountant 26.3200/36.6400 Exempt Senior Communications Specialist/EMD 16.2000/22.1400 40 hrs/week Senior Electrical Engineer 32.1500/44.3300 Exempt Senior Equipment Operator, Solid Waste 15.8780/22.3421 40 hrs/week Senior Utility Secretary 14.3250/20.4550 40 hrs/week Shooting Range Superintendent 20.9300/30.0300 Exempt Solid Waste Division Clerk - Full Time 14.2900/19.1400 40 hrs/week Solid Waste Division Clerk - Part Time 12.7236/17.3800 40 hrs/week Solid Waste Superintendent 22.9786/32.3353 Exempt Street Superintendent 23.5000/34.2100 Exempt Street Supervisor 18.4800/26.2600 40 hrs/week Turf Management Specialist 20.5000/29.0200 40 hrs/week Utility Director 51.9700/74.4700 Exempt Utility Production Engineer 32.8786/46.2710 Exempt Utility Services Manager 26.7500/37.2300 Exempt Utility Warehouse Supervisor 21.8200/30.4800 40 hrs/week Victim Assistance Unit Coordinator 12.5500/17.6700 40 hrs/week Wastewater Engineering/Operations Superintendent 25.6500/36.2900 Exempt Wastewater Plant Chief Operator 18.9500/26.7100 40 hrs/week Wastewater Plant Maintenance Supervisor 22.9100/30.8500 40 hrs/week Wastewater Plant Process Supervisor 23.7500/32.0200 40 hrs/week Water Superintendent 24.2210/34.2100 Exempt Water Supervisor 20.9100/30.1300 40 hrs/week ORDINANCE NO. 9251 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 7.2500/20.0000 Exempt Worker / Temporary 7.2500/20.0000 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 Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 13.8757/19.5126 40 hrs/week Fleet Services Attendant/Clerk 12.6141/17.7913 40 hrs/week Fleet Services Inventory Specialist 13.8363/19.4733 40 hrs/week Fleet Services Mechanic 15.8285/22.2618 40 hrs/week Horticulturist 14.6510/20.6425 40 hrs/week Maintenance Worker – Cemetery 13.7705/19.3812 40 hrs/week Maintenance Worker – Parks 13.6786/19.2630 40 hrs/week Maintenance Worker – Streets 13.3895/18.8424 40 hrs/week Senior Equipment Operator – Streets 15.2027/21.4049 40 hrs/week Senior Maintenance Worker – Parks 15.2027/21.4049 40 hrs/week Senior Maintenance Worker – Streets 15.2027/21.4049 40 hrs/week Traffic Signal Technician 15.2027/21.4049 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 ORDINANCE NO. 9251 (Cont.) - 6 - 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 Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 13.9001/18.3940 40 hrs/week Cashier 12.7580/17.3850 40 hrs/week Custodian 14.8976/17.5921 40 hrs/week Electric Distribution Crew Chief 27.2124/34.6091 40 hrs/week Electric Underground Crew Chief 27.2124/34.6091 40 hrs/week Engineering Technician I 17.1487/24.5367 40 hrs/week Engineering Technician II 21.1992/29.0671 40 hrs/week GIS Coordinator 21.8107/30.6049 40 hrs/week Instrument Technician 25.5794/33.7924 40 hrs/week Lineworker Apprentice 16.5879/24.3230 40 hrs/week Lineworker First Class 25.1434/29.7374 40 hrs/week Materials Handler 20.7033/27.7522 40 hrs/week Meter Reader 14.9167/19.4517 40 hrs/week Meter Technician 20.0555/24.7866 40 hrs/week Power Dispatcher I 25.1156/34.9205 40 hrs/week Power Dispatcher II 26.3793/36.6716 40 hrs/week Power Plant Maintenance Mechanic 23.7745/29.6038 40 hrs/week Power Plant Operator 28.0862/32.7156 40 hrs/week Senior Accounting Clerk 15.6241/20.4663 40 hrs/week Senior Engineering Technician 26.8229/32.8253 40 hrs/week Senior Materials Handler 23.8377/31.0931 40 hrs/week Senior Meter Reader 17.6666/20.9682 40 hrs/week Senior Power Dispatcher 30.5150/41.8751 40 hrs/week Senior Power Plant Operator 27.6915/35.4997 40 hrs/week Senior Substation Technician 32.6046/33.7924 40 hrs/week Senior Water Maintenance Worker 19.3719/25.5083 40 hrs/week Substation Technician 30.1833/31.3815 40 hrs/week Systems Technician 26.6000/33.7924 40 hrs/week Tree Trim Crew Chief 23.8284/29.5914 40 hrs/week ORDINANCE NO. 9251 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Utilities Electrician 23.8788/31.3815 40 hrs/week Utility Technician 23.3224/32.8063 40 hrs/week Utility Warehouse Clerk 17.2330/21.2614 40 hrs/week Water Maintenance Worker 16.1398/22.3197 40 hrs/week Wireworker I 18.1316/25.6380 40 hrs/week Wireworker II 25.1434/29.7374 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 Hourly Pay Range Min/Max Police Officer 17.2016/24.0468 Police Sergeant 21.5296/29.5005 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of ORDINANCE NO. 9251 (Cont.) - 8 - 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 Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 16.6707/23.1150 54 hrs/week Firefighter / EMT 12.3855/17.9740 54 hrs/week Firefighter / Paramedic 13.8282/19.5300 54 hrs/week 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 ORDINANCE NO. 9251 (Cont.) - 9 - 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 Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 13.8071/19.4279 40 hrs/week Equipment Operator – WWTP 15.6752/22.0567 40 hrs/week Maintenance Mechanic I 15.6752/22.0567 40 hrs/week Maintenance Mechanic II 17.5511/24.6962 40 hrs/week Maintenance Worker – WWTP 15.6752/22.0567 40 hrs/week Senior Equipment Operator – WWTP 16.9436/23.8413 40 hrs/week Wastewater Clerk 11.7945/16.5959 40 hrs/week Wastewater Plant Laboratory Technician 16.6398/23.4139 40 hrs/week Wastewater Plant Operator I 14.0196/19.7271 40 hrs/week Wastewater Plant Operator II 15.6752/22.0567 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of ho urs and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 14.9600/19.9700 40 hrs/week Accounts Payable Clerk 14.1900/20.5300 40 hrs/week Administrative Assistant 14.7600/21.1700 40 hrs/week Audio Video Technician 14.9000/21.0200 40 hrs/week Building Inspector 18.4300/26.1500 40 hrs/week Building Secretary 13.8900/19.7400 40 hrs/week ORDINANCE NO. 9251 (Cont.) - 10 - Community Development Administrator 16.0800/23.1200 Exempt Communication Specialist/EMD 14.0000/20.4500 40 hrs/week Computer Operator 17.9300/23.5702 40 hrs/week Computer Programmer 20.4500/29.9700 40 hrs/week Computer Technician 18.4680/24.2777 40 hrs/week Electrical Inspector 18.4300/26.1500 40 hrs/week Emergency Management Coordinator 13.8900/19.7400 40 hrs/week Engineering Technician – Public Works 18.9600/26.7400 40 hrs/week Evidence Technician 13.7900/20.1800 40 hrs/week Finance Secretary 13.8900/19.7400 40 hrs/week GIS Specialist 21.0224/29.4987 40 hrs/week Maintenance Worker I – Building, Library 14.4900/19.6100 40 hrs/week Maintenance Worker II – Building, Police 15.2700/20.7000 40 hrs/week Parks and Recreation Secretary 13.8900/19.7400 40 hrs/week Planning Secretary 13.8900/19.7400 40 hrs/week Planning Technician 19.0169/26.7559 40/hrs/week Plans Examiner 18.4300/26.1500 40 hrs/week Plumbing Inspector 18.4300/26.1500 40 hrs/week Police Records Clerk – Full Time 12.4000/17.2600 40 hrs/week Shooting Range Operator 19.2400/26.0800 40 hrs/week Stormwater Technician 18.9600/26.7400 40 hrs/week Utility Secretary 13.8900/19.7400 40 hrs/week SECTION 8. 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 ORDINANCE NO. 9251 (Cont.) - 11 - 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, Finance and Service/Clerical 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 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 ORDINANCE NO. 9251 (Cont.) - 12 - 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 9. 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. (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 ORDINANCE NO. 9251 (Cont.) - 13 - 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 sala ry at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Employees covered by the IBEW Service/Clerical labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for forty percent (40%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 433.60 hours (calculated at 40% x 1084 hours = 433.60 hours.) Employees covered by the IBEW Service/Clerical labor agreement will be compensated for unused medical leave in excess of 960 hours as of September 30, 2009. Employees will be compensated for fifty percent (50%) of the hours over 960 at their current rate of pay in January 2010. Such compensation for unused medical leave in excess of 960 shall not continue after January 2010. Any employee covered by this bargaining unit shall be allowed to maintain a balance of sixteen (16) hours in their compensatory time banks if those hours exist at the date of approval of the labor agreement. All hours in excess of sixteen (16) shall be paid to the employee at the same time as any retroactive payments are made. 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 ORDINANCE NO. 9251 (Cont.) - 14 - amount of contribution will be based upon the employee’s salary 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. 9251 (Cont.) - 15 - SECTION 10. 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). SECTION 11. 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 12. 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. Wages for employees covered under the IBEW Service/Clerical labor agreement shall be retroactive to the first full pay period in October, 2009. SECTION 13. Those portions of Ordinance No. 9239 9247 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: February 23, 2010 ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of February 9, 2010 City Council Regular Meeting Tuesday, February 23, 2010 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 February 9, 2010 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 February 9, 2010. Notice of the meeting was given in The Grand Island Independent on February 3, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: 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. COMMUNICATION: Mayor Hornady introduced CYC members Michael Hollman and Aaron Oswald and board member Celine Stahlnecker. Also mentioned was the CYC’s upcoming service project “PJ’s and Pages Drive” to be held February 12-27, 2010. Mayor Hornady commented on the annual EDC reception for the Legislature. South Locust highway project would start May 3, 2010. PRESENTATIONS AND PROCLAMATIONS: Recognition of Brad Foster, Horticulturist with the Parks and Recreation Department for 25 Years of Service with the City of Grand Island. Mayor Hornady and City Council recognized Brad Foster, Horticulturist with the Parks and Recreation Department for 25 years of service with the City of Grand Island. Steve Paustian, Parks and Recreation Director commented on Mr. Foster’s work with the Parks Department. Mr. Foster was present for the recognition. Recognition of Nick Mankle, Senior Power Plant Operator with the Utilities Department for 30 Years of Service with the City of Grand Island. Mayor Hornady and City Council recognized Nick Mankle, Senior Power Plant Operator with the Utilities Department for 30 years of service with the City of Grand Island. Gary Mader, Utilities Department Director commented on Mr. Mankle’s work with the Utilities Department. Mr. Mankle was present for the recognition. Proclamation “Scouting Anniversary Week” February 7-13, 2010. Mayor Hornady proclaimed the week of February 7-13, 2010 as “Scouting Anniversary Week”. Traci Raber and Dave Plond, Scout Executive with the Overland Trails Council were present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “C” Liquor License had been received from Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on January 15, Page 2, City Council Regular Meeting, February 9, 2010 2010; notice to the general public of date, time, and place of hearing published on January 30, 2010; notice to the applicant of date, time, and place of hearing mailed on January 15, 2010; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Request from ITT Corporation for a Conditional Use Permit for a FAA Communication Tower Located at 3565 Sky Park Road. Craig Lewis, Building Department Director reported that ITT Corporation had submitted an application for a conditional use permit for a FAA Communication Tower located at 3565 Sky Park Road. Staff recommended approval. Mike Olson, Executive Director for the Airport, 3741 Sky Park Road spoke in support. No further public testimony was heard. Public Hearing on the One & Six Year Street Improvement Plan. Steve Riehle, Public Works Director reported that adoption of a One and Six Year Street Improvement Program was required by State law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. This item was referred to the Regional Planning Commission by Council at their January 26, 2010 Regular Meeting. The Regional Planning Commission conducted a Public Hearing at their February 3, 2010 meeting. Mr. Riehle presented a PowerPoint explaining the recommendations. Paul Wieck, 319 Cardinal Drive commented on the speed limit on Stuhr Road. No further public testimony was heard. Public Hearing for Neighborhood Stabilization Program Property Purchases. Joni Kuzma, Community Development Administrator reported that the Community Development Department was proposing to purchase structures and properties at 424 North Waldo Street, 503 West Louise Street and 809 West Charles Street as part of the Neighborhood Stabilization Program using Community Development Block Grant (GDBG) funds. These properties would be redeveloped into new single-family homes to be sold to low-to-middle income first-time homebuyers. No public testimony was heard. CONSENT AGENDA: Consent Agenda items G-3, G-4 and G-11 were removed for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding items G-3, G-4, and G-11. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 26, 2010 City Council Regular Meeting. Approving Minutes of February 2, 2010 City Council Study Session. #2010-40 – Approving Certificate of Final Completion for Retaining Wall Construction at Sucks Lake with Greenworks Landscaping & Design of Grand Island, Nebraska. #2010-41 – Approving Certificate of Final Completion for Furnishing and Installation of Well at the Veterans Athletic Field Complex with Nunnenkamp Well Co. of Grand Island, Nebraska. #2010-42 – Approving Neighborhood Stabilization Program Property Purchases Located at 424 North Waldo Street, 503 West Louise Street, and 809 West Charles Street. #2010-43 – Approving Bid Award for Turbine Valve Overhaul at Platte Generating Station with Power Generation Service, Inc. of Anoka, Minnesota in an Amount of $177,500.00. Page 3, City Council Regular Meeting, February 9, 2010 #2010-44 – Approving Bid Award for Coal Conveyor Belting at Platte Generating Station with Lewis-Goetz & Company of Kansas City, Missouri in an Amount of $48,580.68. #2010-45 – Approving Supplemental Agreement Number 2 for Safe Routes to School Program Funding for the Walk to Walnut Project with the Nebraska Department of Roads. #2010-47 – Approving Interlocal Agreement with Central Platte Natural Resources District (CPNRD), along with the Cities of Grand Island, Kearney, Central City, Lexington, Cozad, Gothenburg, North Platte and Hastings, as well as the Counties of Adams and Hamilton for Aerial Photography. #2010-38 – Approving Change Order #1 to the Irrigation System Installation at the Veterans Athletic Field Complex with Nature’s Helper Sprinkler Systems of Omaha, Nebraska for an Increase of $45,415.00 and a Revised Contract Amount of $169,165.00. Discussion was held concerning the reason for this change order. Steve Paustian, Parks and Recreation Director explained the discrepancies in acreage. Motion by Meyer, second by Ramsey to approve Resolution #2010-38. Upon roll call vote, all voted aye. Motion adopted. #2010-39 – Approving Change Order #1 to the Utility Improvements at the Veterans Athletic Field Complex with Diamond Engineering Co. of Grand Island, Nebraska for and Increase of $8,902.20 and a Revised Contract Amount of $200,237.38. Discussion was held concerning the reason for this change order. Steve Paustian, Parks and Recreation Director explained the discrepancies in acreage. Motion by Meyer, second by Ramsey to approve Resolution #2010-38. Upon roll call vote, all voted aye. Motion adopted. #2010-46 – Approving the Adoption of the Resolution to Comply with Local Public Agency Guidelines Manual by Designating Responsible Charge. Council complimented Steve Riehle, Public Works Director on completing the work to become a responsible charge person. Motion by Dugan, second by Gilbert to approve Resolution #2010-46. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from ITT Corporation for a Conditional Use Permit for a FAA Communication Tower Located at 3565 Sky Park Road. This item related to the aforementioned Public Hearing. Motion by Nickerson, second by Haase to approve the request from ITT Corporation for a Conditional Use Permit for a FAA Communication Tower located at 3565 Sky Park Road indefinitely. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, February 9, 2010 RESOLUTIONS: #2010-48 – Consideration of Request from Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue for a Class “C” Liquor License and Liquor Manager Designation for Jeanette South, 2120 West State Street. This item related to the aforementioned Public Hearing. Jeanette South commented on the change to a Class “C” Liquor License in order to offer tasting events. Motion by Gilbert, second by Ramsey to approve Resolution #2010-48. Upon roll call vote, Councilmember’s Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Meyer voted no. Motion adopted. #2010-49 – Consideration of One & Six Year Street Improvement Plan. This item related to the aforementioned Public Hearing. Discussion was held on time frame for projects. Widening Capital Avenue, drainage projects, quiet zones, and speed limit on Stuhr Road were mentioned. Motion by Gilbert, second by Gericke to approve Resolution #2010-49. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of January 27, 2010 through February 9, 2010, for a total amount of $2,528,590.26. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the period of January 27, 2010 through February 9, 2010 for the Veterans Athletic Field Complex for a total amount of $28,064.00. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the period of January 27, 2010 through February 9, 2010 for the State Fair Recreation Building for a total amount of $427,500.00. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RaNae Edwards City Clerk Item G2 #2010-50 - Approving FTE Amendment - System Technician to Power Plant Maintenance Mechanic Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utility Director Meeting: February 23, 2010 Subject: FTE Amendment Item #’s: G-2 Presenter(s): Gary R. Mader, Utilities Director Background In 1995, one of the Power Plant Maintenance Mechanics at the Platte Generating Station was reclassified as a Systems Technician due to changes in his job assignments, which involved using specialized analytical equipment and computer software for monitoring plant equipment and scheduling maintenance activities. Over the last 15 years, the use of this diagnostic equipment has become more routine for the maintenance staff, as advances in the ease of interfacing and interpreting analyzer information has reduced the need for a specialized technician. Discussion The use of specialized analytical monitoring equipment allows maintenance staff to indentify problems in plant equipment before failure and can often predict remaining time before failure. This monitoring equipment includes infrared thermal imaging and portable and permanently-mounted vibration monitors. All maintenance activities are assigned using computer-based scheduling software, which allows supervisors to more effectively manage maintenance resources of personnel and parts, and provide a history of equipment issues to develop corrective actions. Advances in diagnostic equipment and software now make it easier to be used by maintenance workers without specialized training from suppliers, and without the need for specialized in-house programming. The use of this equipment has become a skill needed by all maintenance personnel to perform their job duties, and the lines between the Power Plant Maintenance Mechanic and Systems Technician are no longer well defined. Therefore, plant management would recommend that a Systems Technician position allocation be reclassified to a Power Plant Maintenance Mechanic position. This recommended change would not change the total personnel allocation for the Department, but would result in an annual payroll reduction since the System Technician position is at a higher pay grade than the Maintenance Mechanic position. 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 revising the personnel allocation for the Utilities Department by reducing the Systems Technician FTE authorization from five to four and increasing the Power Plant Maintenance Mechanic FTE authorization from nine to ten, effective March 15, 2010. Sample Motion Move to authorize the Mayor to make the FTE changes as recommended by the Utilities Department as set forth in the proposed resolution. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-50 WHEREAS, the City approves the FTE’s for each department as part of the budget process; and WHEREAS, an amendment is required to allow changes to be made to the FTE schedule; and WHEREAS, the Utilities Department has recommended a reclassification of positions which would result in the deletion on one FTE Systems Technician position and the addition of one FTE Power Plant Maintenance Mechanic position. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the FTE Amendment, to become effective on March 15, 2010. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G3 #2010-51 - Approving Program Prioritization Consultants Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: February 23, 2010 Subject: Program Prioritization Consultants Item #’s: G-3 Presenter(s): Jeff Pederson, City Administrator Background Jon Johnson and Chris Fabian were originally brought to Grand Island for two days in June of 2009 to meet with the City Council and share their Fiscal Health and Wellness model. Following that session, it was determined that the City would continue to explore their model and its potential for addressing budgetary concerns. The product that came from the June meetings was the Result Maps, which serve as the foundation for the process moving forward. In late 2009, it was determined to advance and further develop the model, now referred to locally as “Program Prioritization”. The consultants spent a day in December 2009 meeting with the Department Directors and Division Heads to discuss process design and implementation. This step of the process included the identification of department programs inventories and introduction to the scoring process and cost-allocation processes. A third face-to-face session will occur on March 6 where the consultants will meet jointly with the City Council and Department Directors at the Annual Retreat. This session will review the prioritization outcomes and provide insight on how to allocate resources based on the assigned priorities. In addition to the meetings, the consultants have provided guidance through conference calls and emails. Additionally, the consultants have provided templates for the mechanics of the Program Prioritization process along with review and feedback on progress that has been made at various stages in the process. Discussion The costs associated with the program are now projected to be in excess of $20,000 and a contract should have been entered into by the City of Grand Island. Since it was not known at the time of the first meeting in June 2009 that the relationship would continue, the process of requesting quotes, requests for proposals or bids did not occur. This service is not available from another vendor, as the Program Prioritization model was developed by Johnson/Fabian and became available through sponsorship/promotion of the International City/County Management Association. The costs associated with the first meeting were $7,709.10. The proposed cost for the second meeting was $6,100 and the cost of the final phase is estimated at $7,500, both inclusive of estimated travel related costs. City Code and City fiscal policy require purchase orders and quotes for appropriations in these amounts and for amounts in excess of $20,000, written contracts. Neither of the first two invoices has as yet been paid. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Postpone the issue to a future date 3. Take no action on the issue Recommendation City Administration recommends that the Council approve the ongoing relationship with Jon Johnson and Chris Fabian through the third phase of the Program Prioritization project. Sample Motion Move to approve the working relationship with Jon Johnson and Chris Fabian through the third phase of the Program Prioritization project. Approved as to Form ¤ ___________ February 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-51 WHEREAS, Jon Johnson and Chris Fabian have provided services related to the Program Prioritization project; and WHEREAS, the City Code and City’s fiscal policy require that purchase orders, quotes, requests for proposal, bids and a contract be obtained and completed; and WHEREAS, the process of requesting quotes, requests for proposals or bids did not occur; and WHEREAS, the combination of the actual and estimated costs totals $21,309.10; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The City Administration is hereby authorized to continue the relationship with Jon Johnson and Chris Fabian through the third phase of the Project Prioritization project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2010-52 - Approving Acquisition of Public Utility Easement Located in an Unplatted Tract of Land Located in the West Half of the Southwest Quarter of Section 12, Township 11 North, Range 10 West (Little B's Corporation) This item relates to the aforementioned Public Hearing Item E-2. Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-52 WHEREAS, a public utility easement is required by the City of Grand Island, from Little B’s Corporation, to construct and maintain the storm sewer utilities for the Summerfield Estate Subdivision; and WHEREAS, a public hearing was held on February 23, 2010, for the purpose of discussing the proposed acquisition of an easement consisting of an unplatted tract of land located in the west half of the southwest quarter of Section 12, Township 11 north, Range 10 west, in the City of Grand Island, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Little B’s Corporation, on the above-described lot of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-53 - Approving Storm Drainage Agreement with Little B's Corporation to Serve the Original Summerfield Subdivision Tuesday, February 23, 2010 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: February 23, 2010 Subject: Approving Storm Drainage Agreement with Little B's Corporation to Serve the Original Summerfield Subdivision Item #’s: G-5 Presenter(s): Steven P. Riehle, Public Works Director Background When the Summerfield Estates area was being developed, a swale was designed as a drainage feature in the backyard of several properties. The swale connected to the City drainage system known as the Highland Park Drain. The Highland Park drain is the drain along the south side of State Street that is commonly referred to as the Moores Creek drainway. The Highland Park drain frequently has 12” to 18” of water flowing through the ditch. Because the drainage swale from the Summerfield Estates subdivision is very close to the same elevation as the Highland Park drain, the water backs up into the Summerfield Estates subdivision. Discussion The developer will be constructing storm sewer pipe at the north end of the Summerfield Estates drainage system to the Highland Park Drainway, which is owned by the City. Part of the construction plan is to build a storm sewer box to accept a pump for the purpose of eliminating ponding water from low flows that backs up in the subdivision. The City will provide the pump and electrical service to operate the system. This structure will allow overtopping during heavy storm events and pumping during periods of smaller rain events, as well as runoff from yard sprinklers. The storm sewer box, valve and pump is a similar arrangement to what is used along Stagecoach Road to keep the Wood River from backing up into the neighborhood storm sewer system. The proposed storm sewer box, valve and pump at the outlet from the Summerfield Estates subdivision would be a joint venture and cost shared between the City and the developer. The systems that were installed along Stagecoach Road were all at City cost. An agreement is necessary to clarify responsibilities of the developer and the City for both construction and maintenance of the structure. 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 Storm Drainage Agreement as presented. Sample Motion Move to approve the Storm Drainage Agreement as presented. - 1 - STORM DRAINAGE AGREEMENT This Storm Drainage Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, herein referred to as the “City” and LITTLE B’S CORPORATION; hereinafter referred to as “Owner”, WITNESSETH: WHEREAS, the Owner desires to amend the design of the drainage in the original Summerfield Subdivision. NOW, THEREFORE, the parties agree as follows: 1. The Developer, at no cost to the City, will install approximately 330’ of 36” reinforced concrete culvert pipe from the northeast corner of Summerfield Estates Fourth Subdivision north to the City owned drainage channel along State Street, known as the Highland Park Drainway in the 1975 Master Drainage Plan (Moores Creek drainway). 2. The Developer will also construct a concrete structure and a control gate at the north end of the 36” culvert compatible with a pump to be installed by the City. 3. The City, in addition to supplying the pump, will be responsible for installing electrical service to operate the pump. - 2 - 4. Upon completion the Developer will dedicate a 20’ wide public easement to encompass the construction. The Developer will also dedicate the construction features, upon completion and acceptance, to the City. 5. Final Construction plans will be submitted to the City for approval. “As Constructed” plans will be submitted to the Public Works Department upon completion of the work. 6. The City will be responsible for all costs associated with maintenance and operation of the concrete box, manual gate and the pump. 10. This agreement shall be binding upon the parties hereto, their successors and assigns. 11. Wherever the context of the language in this Storm Drainage Agreement is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. DATED: ________________, 2010 CITY OF GRAND ISLAND, NEBRSKA, A Municipal Corporation, BY:__________________________________ Attest:________________________________ Margaret Hornady, Mayor RaNae Edwards, City Clerk BY:__________________________________ GREG BAXTER, PRESIDENT STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this day of ________________, 2010, before me, the undersigned, a Notary Public in and for said County of Hall and State of Nebraska, personally appeared GREG BAXTER, PRESIDENT, to me known to be the identical person who signed the foregoing Public Sewer Connection Agreement and acknowledges the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and Notarial Seal the date above written. - 3 - _______________________________________ Notary Public Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-53 WHEREAS, during the development of Summerfield Estates storm drainage system was not put in place; and WHEREAS, due to runoff from various developments and higher groundwater elevations it is now necessary for the developer to construct storm sewer to drain Summerfield Estates; and WHEREAS, the City will provide the pump and electrical service to operate the system; and WHEREAS, an agreement is necessary to clarify the responsibilities of the developer and the City for both construction and maintenance of the structure; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Storm Drainage Agreement by and between Little B’s Corporation and the City of Grad Island, Nebraska, is hereby approved according to the terms set out in the agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Storm Drainage Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-54 - Approving State Bid Award for (1) 2010 3/4 Ton Extended Cab 4x4 Pickup for the Wastewater Division of the Public Works Department Tuesday, February 23, 2010 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: February 23, 2010 Subject: Approving State Bid Award for (1) 2010 3/4 Ton Extended Cab 4x4 Pickup for the Wastewater Division of the Public Works Department Item #’s: G-6 Presenter(s): Steven P. Riehle, Public Works Director Background The Wastewater Division of the Public Works Department budgeted for a pickup for the sewer crew to use in the daily maintenance operations for the collection system, locating & televising of sanitary sewer mains and lines, as well as other various jobs the division handles. The existing pickup is a 1999 Ford F250 with 84,000 miles on it. The approved FY 2010 budget included $32,000.00 in funds for the purchase. Discussion The vehicle specifications awarded under State of Nebraska Contract # 12668 OC meet all of the requirements for the Wastewater Division vehicle. Sid Dillon Chevrolet-Buick- Pontiac of Wahoo, Nebraska submitted a bid with no exceptions in the amount of $24,791.00. There are sufficient funds for this purchase in Account No. 53030054.85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Counc il 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 State Bid Award to Sid Dillon Chevrolet-Buick-Pontiac in the amount of $24,791.00 for the 2010 Chevrolet 3/4 Ton Extended Cab 4x4 pickup for the Wastewater Division of the Public Works Department. Sample Motion Move to approve the State Bid Award to Sid Dillon Chevrolet-Buick-Pontiac in the amount of $24,791.00 for the 2010 Chevrolet 3/4 Ton Extended Cab 4x4 pickup for the Wastewater Division of the Public Works Department. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-54 WHEREAS, the Wastewater Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2009/2010 fiscal year; and WHEREAS, said vehicle, a 2010 Chevrolet ¾ Ton Extended Cab 4x4, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicle from the State Contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2009/2010 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2010 Chevrolet ¾ Ton Extended Cab 4x4 in the amount of $24,791.00 from the State Contract holder, Sid Dillion Chevrolet-Buick-Pontiac of Wahoo, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-55 - Approving Nebraska Prevention Partnership Agreement for a Parent Child Interaction Grant Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: February 23, 2010 Subject: Approve Parent Child Interaction Grant Agreement with Nebraska Prevention Partnership Item #’s: G-7 Presenter(s): Joni Kuzma, Community Development Administrator Background The Nebraska Prevention Partnership is offering the City of Grand Island an opportunity to enhance Child Well-being in our community and in Nebraska through a collaborative assessment and planning process for Parent Child Interaction. The Prevention Partnership is comprised of the Nebraska Children and Families Foundation (NCFF), Department of Health and Human Services (DHHS) and Nebraska Child Abuse Prevention Fund Board (NCAPF). They are piloting this project in two Nebraska communities, Grand Island and Scottsbluff. The offer generally includes: · Technical and financial support of up to $10,000 to complete a community assessment and strategic plan for Parent Child Interaction to be completed by May 15, 2010. · Five years of subsequent funding for implementation of the developed Parent Child Interaction Strategic Plan. Discussion With acceptance of the Prevention Partnership offer for Assessment and Planning for Parent Child Interaction, a grant in the amount of $10,000 will be awarded to the City. No matching funds are required. A written Parent Child Interaction Assessment and Strategic Plan must be completed and submitted to the Nebraska Children and Families Foundation by May 15, 2010, at which time a second grant contract of up to $80,000 may be offered to the City for June 1, 2010 –May 31, 2011 to carry out year 1 of the strategic plan. The City will act as fiscal agent. The Coalition for Children in collaboration with Community Development will carry out the scope of offer as outlined in the offer letter. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the grant agreement 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City administration recommends that Council approve the grant agreement with the Nebraska Prevention Partnership and authorize the Mayor to sign all related documents. Sample Motion Move to approve the grant agreement with the Nebraska Prevention Partnership and authorize the Mayor to sign all related documents. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-55 WHEREAS, the Nebraska Prevention Partnership is offering a Child Well-being grant to the City of Grand Island; and WHEREAS, the grant includes technical and financial support of up to $10,000 to complete a community assessment and strategic plan for Parent Child interaction; WHEREAS, a written plan must be completed and submitted to the Nebraska Children and Families Foundation by May 15, 2010; and WHEREAS, the Coalition for Children will work with Community Development to carry out the scope of offer as outlined in the agreement; and WHEREAS, the City of Grand Island will serve as fiscal agent for the grant period which runs February 26, 2010 through May 15, 2010; and WHEREAS, an agreement letter has been received by the City and must be signed by the Mayor in order to accept the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement for the Nebraska Prevention Partnership is approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the City of Grand Island for such grant program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010-56 - Approving Amended HIPPA Business Associate Agreement with Golden Living Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Jon Rosenlund City of Grand Island City Council Council Agenda Memo From: Jon Rosenlund, Emergency Mgt. Director Meeting: December 23, 2010 Subject: HIPPA Business Associate Agreement Item #’s: G-8 Presenter(s): Jon Rosenlund, Emergency Mgt. Director Background Changes in the laws regarding medical information and privacy require that the Grand Island Emergency Center enter into an updated “business associate” agreement with other HIPPA regulated facilities. Discussion As an emergency medical dispatch agency, the Grand Island Emergency Center staff receive and broadcast appropriate medical information regarding a patient’s signs, symptoms and location in order to provide an adequate emergency response. Thus, by managing certain details of a person’s health and medical information, the GIEC must meet certain regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Changes to the American Recovery and Reinvestment Act of 2009 (ARRA) requires that all organizations which are defined in HIPPA as a “business associates” enter into amended “business associate” agreements to meet changes in the law. A copy of such an amended and updated agreement was provided by Golden Living, a senior care center within our jurisdiction, to complete this requirement between the GIEC and Golden Living. 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 this updated and amended “business associate” agreement with Golden Living Sample Motion Move to enter into this amended and updated “business associate” agreement with Golden Living. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-56 WHEREAS, with the passage of the American Recovery and Reinvestment Act (ARRA) of 2009 brought changes to the Privacy and security Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPPA); and WHEREAS, one of those changes is the manner in which organizations who meet the HIPPA definition of “business associate” are regulated under the new law; and WHEREAS, the Grand Island Emergency Center would be considered a “business associate” of Golden Living facilities, by receiving emergency medical information and broadcasting necessary emergency response information to responding agencies; and WHEREAS, according to the new ARRA law, business associate agreements are required to be amended and updated to include these latest changes; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to enter into an amended and updated business associate agreement addendum provided to Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-57 - Approving Amended HIPPA Business Associate Agreement with RCI and TASC Tuesday, February 23, 2010 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: February 23, 2010 Subject: Amended Business Associate Agreement with Regional Care, Inc. (RCI) and TASC Item #’s: G-9 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island has a business associate agreement with Regional Care, Inc. (RCI) to provide TPA services for the City’s health and dental plan. In addition, we have a contract with TASC to administer our Section 125 Flexib le Spending Account. Part of the service provided by these two companies is to ensure that compliance issues are met with regard to federal and state laws. Discussion Congress recently enacted the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009 which amended the HIPAA provisions of 1996. Health and Human Services subsequently adopted new HIPAA rules to implement the standards imposed by the HITECH Act. As such, the new HIPAA rules require an amendment to our current business associate agreement. The standards set by the HITECH Act and the HIPAA rules require covered entities (such as employer sponsored plans) to notify participants of Breaches of Unsecured Protected Health Information. In addition, the new HIPAA rules impose an obligation on the business associate (RCI and TASC) to notify the City of any Breach of Unsecured Protected Health Information. These changes are reflected in the updated business associate agreement. These changes are necessary for HIPAA compliance and create no change in cost to the agreement. 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 amended business associate agreement between the City and Regional Care, Inc. (RCI) and TASC. Sample Motion Move to approve the amended agreement between the City and Regional Care, Inc. (RCI) and TASC. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-57 WHEREAS, the City of Grand Island has a business associate agreement with Regional Care, Inc. (RCI) to provide TPA services for the City’s health and dental plan; and WHEREAS, the City of Grand has a business associate agreement with TASC to administer the City’s Section 125 Cafeteria Plan; and WHEREAS, Congress enacted the Health Information Technology for Economic and Clinical Health (“HITECH”) Act in 2009 which amended the HIPAA provisions of 1996; and WHEREAS, the City of Grand Island must amend its business associate agreement with Regional Care Inc. (RCI) and TASC to comply with HIPPA; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to enter into an amended and updated business associate agreement with RCI to comply with HIPAA regulations. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-58 - Approving FTE Title Changes for Fire Division Chiefs Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Troy Hughes City of Grand Island City Council Council Agenda Memo From: Troy Hughes, Fire Chief Meeting: February 23, 2010 Subject: FTE Title Changes for Division Chiefs Item #’s: G-10 Presenter(s): Troy Hughes, Fire Chief Background The Grand Island Fire Department is proposing to eliminate FTE titles Fire Operations Chief, Fire Training Division Chief, EMS Division Chief, and Fire Prevention Division Chief and consolidate them into one FTE title of Fire Division Chief. The Fire Department is facing an ever increasing demand for service. With this increasing demand comes a call for greater efficiency in department operations. The proposed FTE title changes to the current fire division chief titles will allow the fire chief the flexibility to place individuals in positions that best fit their strengths and thus increase the department’s operational efficiency. The current division chief structure of the fire department includes an operations division chief, training division chief, ems division chief, and prevention division chief. This system was put in place during the 1960s, and is governed by civil service rules. The civil service commission looks at these positions as four separate entities. This structure does not allow rotation of positions or reassignment of positions for any reason. The only way one division chief can move between positions is to fill an opening due to retirement, resignation, or termination. Even when there is an opening the fire chief cannot reassign an existing chief to a new position. The individual must go through the entire testing process. If they are successful in the testing process and are appointed to the new position, then the testing process must start over again to fill the newly vacated position. The advertisement and testing process take about four months time per position, so for one chief to move to a new position takes about an eight month process to complete. This system restrains the efficient assignment of staff and does not allow for the cross training of division chiefs that supports succession planning. Chief Hughes has reviewed this proposal with City Administrator Pederson and HR Director Sutherland prior to bringing it forward for council action. Chief Hughes believes that consolidating these FTE titles will facilitate greater efficiency in staff assignments and support succession planning. Discussion This structure of upper management positions is not new to the city. The Police Department currently uses this structure very effectively. They have three captains that periodically rotate between administration, patrol, and investigations divisions. Even though each police captain is assigned a different division they are all classified in the salary ordinance as police captains. This combined FTE title has worked well within the Police Department and would also work well within the Fire Department. The periodic rotation of division chief assignments improves the department’s ability to continue operations when one of the division chief’s positions becomes vacant for any reason. With periodic rotation, the duties of the open position can be fulfilled by another division chief who previously held that position. Another advantage is that newly assigned division chiefs have the benefit of a mentor to “show them the ropes” of the new position. In the current system, after recruitment and testing is complete, this replacement assumes the new position without the advantage of a mentor who has done the job. They are left to “figure it out” as the person with a wealth of institutional knowledge tha t previously served in the position has left employment and is no longer available to mentor them or available to ask questions of. Existing division chief pay scales ranged from $54,860-$87,787. The new combined fire division chief scale would range from $57,921-$81,478. The new pay scale for this position was devised by HR Director Sutherland by averaging the salary comparables of all four positions. The long- range budget impact of changing the FTE titles is zero. The sum of the combined wages for the current pay scale is equal to the sum of the wages in the proposed pay scale. The primary difference is the distribution of wages in the proposed pay scale is spread equally among all four division chief positions, whereas the current pay scale varies by position. 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 FTE Fire Division Chief title consolidation as proposed. Sample Motion Move to approve. Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-58 WHEREAS, the City approves the FTE’s for each department as part of the budget process, and WHEREAS, an amendment is required to allow changes to be made to the FTE schedule, and WHEREAS, the Fire Department has requested a reclassification of four positions which will result in the deletion of one FTE Fire Operations Chief, one FTE EMS Division Chief, one FTE Fire Prevention Division Chief, one FTE Fire Training Division Chief and the addition of four FTE Fire Division Chiefs, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the FTE Amendment. - - Adopted by the City Council of the City of Grand Island, Nebraska, on February 23, 2010. ________________________ Margaret Hornady, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Item I1 #2010-59 - Consideration of Request from Sin City, LLC dba Sin City Grill, 410 West 3rd Street for a Class "C" Liquor License and Liquor Manager Designation for Brent Lindner, 1322 West John Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ February 18, 2010 ¤ City Attorney R E S O L U T I O N 2010-59 WHEREAS, an application was filed by Sin City, LLC doing business as Sin City Grill, 410 West 3rd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 13, 2010; such publication cost being $14.73; and WHEREAS, a public hearing was held on February 23, 2010 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 Brent Lindner, 1322 West John Street as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 23, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of February 10, 2010 through February 23, 2010 The Claims for the period of February 10, 2010 through February 23, 2010 for a total amount of $3,557,403.93. A MOTION is in order. Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of February 10, 2010 through February 23, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of February 10, 2010 through February 23, 2010 for the following requisitions. #14 $79,723.72 A MOTION is in order. Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J3 Approving Payment of Claims for the Period of February 10, 2010 through February 23, 2010 for the State Fair Recreation Building The Claims for the Period of February 10, 2010 through February 23, 2010 for the State Fair Recreational Building for the following requisitions: #12 $234,000.00 A MOTION is in order. Tuesday, February 23, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council