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07-13-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, July 13, 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 C.1 Public Hearing and Approval of Fiscal Year 2010-2011 Grand Island Area Solid Waste Agency Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 13, 2010 Subject: Public Hearing and Approval of FY 2010-2011 Grand Island Area Solid Waste Agency Budget Item #’s: C-1 & C-2 Presenter(s): Steven P. Riehle, Public Works Director Background The Solid Waste Agency is required to hold a budget hearing separate from that of the City and approve the budget by passing a resolution. Discussion A copy of the budget that has been developed for the Agency is attached. The Agency budget is the same as the City Solid Waste Division budget (Fund 505) and appears in the City's Annual Budget Document for Fiscal Year 2010-2011. 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 budget for the Solid Waste Agency for the FY 2010-2011. Sample Motion Move to approve the budget for the Solid Waste Agency. Landfill on Husker Hwy @ Hall / Buffalo County Line Formed August 1992 by Formed August 1992 by InterlocalInterlocalAgreementAgreementHall County Hall County Hall County Hall County City of Grand IslandCity of Grand IslandCreated under State LawCreated under State LawProvides budget reviewProvides budget reviewFacilities operate under NDEQ Title 132 Facilities operate under NDEQ Title 132 regulationsregulations Receive no funding from General Fund Receive no funding from General Fund All revenues generated from tipping All revenues generated from tipping All revenues generated from tipping All revenues generated from tipping feesfeesOne of the few Divisions with One of the few Divisions with competitioncompetition Located at the northwest corner of Old Potash Hwy & Located at the northwest corner of Old Potash Hwy & Monitor RoadMonitor RoadBuilt by Hall County as a baler stationBuilt by Hall County as a baler station1993 1993 -- Converted to Transfer Station Converted to Transfer Station Utilized by most packer trucks and all small customersUtilized by most packer trucks and all small customers Located on Husker Highway at the Hall/Buffalo County lineLocated on Husker Highway at the Hall/Buffalo County linePhase I consists of four cellsPhase I consists of four cellsCell 1 (1993)Cell 1 (1993)20 year bond of $4.5 million for original construction20 year bond of $4.5 million for original constructionBond will be fully paid in October 2012Bond will be fully paid in October 2012Cell 2 (1998)Cell 2 (1998)Paid cash for constructionPaid cash for constructionUtilized by some packer trucks and all large roll off containersUtilized by some packer trucks and all large roll off containersVehicles must be hydraulic unloading to utilize landfillVehicles must be hydraulic unloading to utilize landfill Phase I Future ExpansionsPhase I Future ExpansionsCell Three will be constructed in FY 2012 or FY 2013. Cell Three will be constructed in FY 2012 or FY 2013. Division staff already working on bulk earthworkDivision staff already working on bulk earthworkAnticipate that Cell Three construction will be paid Anticipate that Cell Three construction will be paid with cash from unrestricted reserves.with cash from unrestricted reserves.Major Permit ModificationMajor Permit ModificationIncrease side slopes from 6.5H:1V to 4H:1VIncrease side slopes from 6.5H:1V to 4H:1VGreatly increased the size of future Cell 3 Greatly increased the size of future Cell 3 Will now be constructed in two sections (Cell 3 and Cell 4)Will now be constructed in two sections (Cell 3 and Cell 4)2.5 Million cubic yards of additional airspace gained.2.5 Million cubic yards of additional airspace gained.Additional revenue and site life for the Landfill Additional revenue and site life for the Landfill Minimal additional expenseMinimal additional expense LandfillLandfill--Monday thru Friday 7:30 Monday thru Friday 7:30 –– 4:004:00--Saturday 7:30 Saturday 7:30 –– 12:0012:00Transfer StationTransfer Station--Monday thru Friday 7:00 Monday thru Friday 7:00 ––4:004:00--Monday thru Friday 7:00 Monday thru Friday 7:00 ––4:004:00--Saturday 7:00 Saturday 7:00 –– 12:0012:00Yard Waste Site (March thru November)Yard Waste Site (March thru November)--Mon., Tues., Thurs., Fri. 10:00 Mon., Tues., Thurs., Fri. 10:00 –– 6:006:00--Saturday 8:00 Saturday 8:00 –– 4:004:00--Free disposal of grass and leaves to Free disposal of grass and leaves to residents (not free to contractors)residents (not free to contractors) For Grand Island residents and residents For Grand Island residents and residents within 2within 2--mile zoning jurisdictionmile zoning jurisdictionTwo free loads per year up to 800 lbs. per loadTwo free loads per year up to 800 lbs. per load2009 2009 2,819 cards issued2,819 cards issued3,132 loads3,132 loads956.53 tons disposed of956.53 tons disposed of956.53 tons disposed of956.53 tons disposed ofFY 2009 cost was $35,500FY 2009 cost was $35,500 1.502.002.503.00FY 2001 $1.98MFY 2002 $1.96MFY 2003 $2.09MFY 2004 $2.06MFY 2005 $2.12M0.000.501.00FY 2006 $2.29MFY 2007 $2.80MFY 2008 $2.96MFY 2009 $2.70M*FY 2010 $2.60M**FY 2011 $2.65M*2010 is projected revenue*2010 is projected revenue**2011 is revenue from proposed budget**2011 is revenue from proposed budget Unrestricted CashUnrestricted Cash--Used for daily operationsUsed for daily operationsRestricted Cash (Two separate restricted funds)Restricted Cash (Two separate restricted funds)--Set aside forSet aside forClosure activities (final cover) and PostClosure activities (final cover) and Post--Closure activities (final cover) and PostClosure activities (final cover) and Post--Closure activities (environmental monitoring Closure activities (environmental monitoring services for 30 years after closure required services for 30 years after closure required per NDEQ Title 132)per NDEQ Title 132)Future landfill expansion projects (Cells 3 Future landfill expansion projects (Cells 3 and 4)and 4) Bond Payments13%Diesel/Gas 8%Breakdown of ExpensesPersonnel27%Operational25%Capital27% 2.5% ($46,000) reduction in operations and 2.5% ($46,000) reduction in operations and personnel compared to FY 2010 budgetpersonnel compared to FY 2010 budgetAdded restricted fund account for future Added restricted fund account for future landfill expansionslandfill expansionsOne major capital replacement expense One major capital replacement expense One major capital replacement expense One major capital replacement expense (dozer for Landfill)(dozer for Landfill) Price is the best way to maintain solid waste Price is the best way to maintain solid waste flowsflowsNo rate increase proposed again for FY 2011No rate increase proposed again for FY 2011Last rate increase was October 1, 2004Last rate increase was October 1, 2004What we’re working onWhat we’re working onWhat we’re working onWhat we’re working onReRe--permitting of landfill as required by NDEQ Title permitting of landfill as required by NDEQ Title 132 regulations every five years (Renews in April 132 regulations every five years (Renews in April 2011)2011)Bulk earthwork/excavation at landfill in preparation Bulk earthwork/excavation at landfill in preparation for Cell 3 construction in FY 2012/FY 2013for Cell 3 construction in FY 2012/FY 2013Any Questions?Any Questions? Item C.2 #2010-SWA-1 - Approving Adoption of Fiscal Year 2010-2011 Annual Budget for the Grand Island Area Solid Waste Agency This item relates to the aforementioned Solid Waste Agency Item C-1. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-SWA-1 WHEREAS, a Public Hearing on the Solid Waste Agency Budget was held on July 13, 2010. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, acting as the governing body of the Grand Island Area Solid Waste Agency, that the Agency’s 2010-2011 budget in the form presented is hereby approved and adopted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A for a Class "I" Liquor License Tuesday, July 13, 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: July 13, 2010 Subject: Public Hearing on Request from La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A for a Class “I” 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 La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of spirits, wine, and beer, on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with this application was a Liquor Manger Designation request from Alberto Baldovinos, 235 North Custer Street. Due to the discrepancies in the application that were uncovered during the Police investigation, it is recommended that the City Council deny the application for the liquor license and also the application for Liquor Manager designation. 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 deny this application. Sample Motion Move to deny the application for La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A for a Class “I” Liquor License and Liquor Manager designation for Alberto Baldovinos, 235 North Custer Street. Item E2 Public Hearing on Request from Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street for a Class "D" Liquor License Tuesday, July 13, 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: July 13, 2010 Subject: Public Hearing on Request from Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street for a Class “D” Liquor License Item #’s: E-2 & I-2 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 Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street has submitted an application for a Class “C” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with this application was a Liquor Manger Designation request from Mohammad Kalam, 2307 West 1st Street. The Police Departments recommendation is to deny the applications for both the liquor license and Liquor Manager Designation due to past offenses while holding a similar license and the fact that the letter sent by the City Clerk to the applicant at his home address was returned. 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 deny this application. Sample Motion Move to deny the application for Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street for a Class “D” Liquor License and Liquor Manager designation for Mohammad Kalam, 2307 West 1st Street. Item E3 Public Hearing on Request from Doc & Fritz’s Shady Bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30 for a Class "C" Liquor License Tuesday, July 13, 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: July 13, 2010 Subject: Public Hearing on Request from Doc & Fritz’s Shady Bend LLC dba Dock & Fritz’s Shady Bend, 3409 East Highway 30 for a Class “C” Liquor License Item #’s: E-3 & I-3 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 Doc & Fritz’s Shady Bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30 has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol, on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with this application was a Liquor Manger Designation request from Craig Woodward, 819 Stockyards Lane. 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 this application. Sample Motion Move to approve the application for Doc & Fritz’s Shady Bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30 for a Class “C” Liquor License contingent upon final inspections and Liquor Manager designation for Craig Woodward, 819 Stockyards Lane contingent upon Mr. Woodward completing a state approved alcohol server/seller training program. Item E4 Public Hearing on Acquisition of Utility Easement - Between North and Engleman Roads, and between White Cloud and One R Roads - Robert and Shirley Bruhn Tuesday, July 13, 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, Utilities Director Dale Shotkoski, City Attorney Meeting: July 13, 2010 Subject: Acquisition of Utility Easement – Between North and Engleman Roads, and between White Cloud and One R - Roads Robert and Shirley Bruhn Item #’s: E-4 & G-2 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Robert and Shirley Bruhn., located between White Cloud and One R Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $1,920.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for One Thousand Nine Hundred Twenty and 00/100 Dollars ($1,920.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E5 Public Hearing on Acquisition of Utility Easement - Between North and Engleman Roads, and between White Cloud and One R Roads - Lester and Myrna Petzoldt Tuesday, July 13, 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, Utilities Director Dale Shotkoski, City Attorney Meeting: July 13, 2010 Subject: Acquisition of Utility Easement – Between North and Engleman Roads, and between White Cloud and One R - Roads Lester and Myrna Petzoldt Item #’s: E-5 & G-3 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Lester and Myrna Petzoldt., located between White Cloud and One R Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $8,642.33. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for Eight Thousand Six Hundred Forty Two and 33/100 Dollars ($8,642.33). Sample Motion Move to approve acquisition of the Utility Easement. Item E6 Public Hearing on Acquisition of Utility Easement - Between North and Engleman Roads, and between Chapman and One R Roads - Thomas and Paula Rauert Tuesday, July 13, 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, Utilities Director Dale Shotkoski, City Attorney Meeting: July 13, 2010 Subject: Acquisition of Utility Easement – Between North and Engleman Roads, and between Chapman and One R Roads - Thomas and Paula Rauert Item #’s: E-6 & G-4 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Thomas and Paula Rauert, located between Chapman and One R Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $3,600.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for Three Thousand Six Hundred and 00/100 Dollars ($3,600.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E7 Public Hearing on Acquisition of Utility Easement - West of Stuhr Road and South of Fonner Park - Hall County Livestock Improvement Association Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 13, 2010 Subject: Acquisition of Utility Easement – West of Stuhr Road and South of Fonner Park – Hall County Livestock Improvement Association Item #’s: E-7 & G-5 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the Hall County Livestock Improvement Association, located west of Stuhr Road, and South of Fonner Park, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including electric lines and a new well ho use. Discussion The current City well on Fonner Park property has a 12’ wide easement which contains the water line, an overhead electrical service, and the well itself. The Nebraska State Fair is constructing an RV Park immediately adjacent to the well. To provide increased security to the well, the Utilities Department is proposing to add a well house and place the overhead service underground. The easement needs to be increased from the existing 12’ wide to the standard 20’ wide so the department is not constructing infrastructure outside of the public easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E8 Public Hearing on Acquisition of Utility Easement - 438 Industrial Lane, North of Old U.S. Highway 30 - L & P Investments Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 13, 2010 Subject: Acquisition of Utility Easement – 438 Industrial Lane – L & P Investments Item #’s: E-8 & G-6 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of L & P Investments, LLC, located along the front of 438 Industrial Lane, north of Old U.S. Highway 30, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion L & P Investments is constructing a new building on Lot Three (3), Commercial Industrial Park Third Subdivision. To provide electricity to that building, it is necessary to locate a high voltage junction box in the new easement. The curve of Industrial Lane and other utilities prevents the location of the junction box in the existing public right-of- way. All other electrical conduit and cable will be located in the existing utility easement on the south side of the access road. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E9 Public Hearing on Acquisition of Two Utility Easements - 3303 and 3311 Firestone Street - Indianhead Golf Club Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 13, 2010 Subject: Acquisition of Utility Easements 3303 (Lot 5) & 3311 (Lot 4) Firestone Street - Indianhead Golf Club Item #’s: E-9, G-7, & G-8 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire two easements relative to the property of Indianhead Golf Club, Inc. A new housing development is planned for the area adjacent to Indianhead Golf Course, north of Husker Highway, and east of Engleman Road. The development is known as Fairway Crossings at Indianhead Golf Club First Subdivision. A new pad-mounted three phase transformer has been placed to provide power to the Golf Club. To ensure the transformer is part of a loop and can be fed from two directions, two easements were required across two lots of the new development. Those easements, ten feet in width across Lots Four (4) and Five (5) of Block One (1), Fairways Crossings at Indianhead Golf Course First Subdivision, were previously approved by City Council at the May 25, 2010 Council Meeting. Discussion Prior to filing the easements with the County, Utility staff was notified by the property owner that the easement on Lot Five (5) would impact the buildable area and would like to decrease the width of the easement on Lot Five (5) to 7.5’ and increase the width on Lot Four (4) to 12.5’, thus continuing the 20’ wide easeme nt, but shifted slightly. Because the change is different then the original approved by City Council, the new easements are being brought back for approval. Since the original easements were not yet filed with the County, there will not be a need to vacate those easements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolutions for the acquisition of the two easements for one dollar ($1.00) each (for a total of $2.00). Sample Motion Move to approve acquisition of the Utility Easements. Item E10 Public Hearing on Acquisition of Ingress/Egress Easement Located at 3016 E Bismark Road - Karen M. Neppl Tuesday, July 13, 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: July 13, 2010 Subject: Public Hearing on Acquisition of Ingress/Egress Easement Located at 3016 E Bismark Road (Karen M. Neppl) Item #’s: E-10 & G-11 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 public ingress/egress easement is needed on the westerly 15' of 3016 E Bismark Road for access to a piece of property owned by the Wastewater Division of the Public Works Department. Discussion The ingress/egress easement will be fifteen (15) feet wide on the westerly 15' of 3016 E Bismark Road. The ingress/egress easement allows access to the property owned by the Wastewater Division for maintenance and mowing of the property. 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 conduct a Public Hearing and approve acquisition of the ingress/egress easement. Sample Motion Move to approve the acquisition of the ingress/egress easement. Item G1 Approving Minutes of June 22, 2010 City Council Regular Meeting Tuesday, July 13, 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 June 22, 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 June 22, 2010. Notice of the meeting was given in The Grand Island Independent on June 16, 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, Nickerson, Zapata, and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director Mary Lou Brown, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Jessica Wiens and Alex Wirth. Also introduced were Councilmember Carney’s brother and sister-in-law Jerry & Lucille Carney. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Veteran Appreciation Week” June 30 – July 6, 2010. Mayor Hornady proclaimed the week of June 30 - July 6, 2010 as “Veteran Appreciation Week. Jay Vavricek, Event Coordinator, Richard Catron, Past Commander of the American Legion, and several veterans were present to receive the proclamation. Recognition of 2009-2010 Community Youth Council. Wendy Myer-Jerke, Public Information Officer gave a short presentation and video of activities of the CYC students over the past year. The Mayor and City Council recognized the following Community Youth Council (CYC) members: Sophomores – Michael Hollman, Dillon Spies, Jessica Wiens, Alex Wirth: Juniors – Steven Bartz, Andres Gamboa, Danielle Jim, Brandon Pfeifer, Alisia Rivera: Seniors – Audie Aguilar, Miranda Baxter, Jared Bombeck, Lauren Kruger, Sarah Stoltenberg, and Austin Witmer. Board Members – Carole Ostdiek, Celine Stahlnecker, Theresa Engelhardt, Elizabeth Kuta, and Elizabeth Mayfield. Those not present were: CYC students Miguel Baeza, Lauren Cantrell, Garrett Coble, Ava Mackey, Katrina Molholm, and Aaron Oswald: and Board Members – Ed Jarosik, Darren Sanchez, and Jared Stockwell. The “Above and Beyond Award” were presented to Andres Gamboa, Danielle Jim, Ava Mackey, and Garrett Coble. Presentation of the 2009-2013 Housing Market Study. Chad Nabity, Regional Planning Director explained the Housing Study. The study was prepared by the Schemmer Associates of Lincoln, Nebraska and is a four year study which was required in order to apply for Community Development Block Grants. Grand Island profile included: population characteristics, population age, household size, employment and economics and homelessness. Existing housing supply included: housing occupancy, vacancy housing costs by unit type; affordable housing in study area, and study area housing conditions analysis. Housing demand included: future housing unit demand, neighborhood improvements, and infrastructure improvements. Housing costs and Page 2, City Council Regular Meeting, June 22, 2010 affordability analysis included: mortgage payments, homeownership affordability analysis, rental affordability analysis, and bridging the affordability gap. Mr. Nabity stated the study was available on the City of Grand Island web-site. PUBLIC HEARINGS: Public Hearing on Zoning Change for Land Located North of Faidley Avenue and West of Diers Avenue, Lot 1 and Outlot A of Crane Valley 7th Subdivision from B2 – General Commercial to RD – Residential Development. Chad Nabity, Regional Planning Director reported that developer Ryan Bird on behalf of Concord Investments LLC had submitted an application to rezone land located on Lot 1 and Outlot A of Crane Valley 7th Subdivision from B2 – General Commercial to RD – Residential Development for the purpose of building eight apartment buildings with eight dwelling units in each building. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Real Estate Located at the Southeast Corner of First Street and Sycamore Street. Chad Nabity, Regional Planning Director reported that the Community Redevelopment Authority (CRA) had purchased and demolished structure on property located in close proximity to the Grand Island City Hall. The City owned property adjacent to the old Fire Station 1 that the CRA would like to swap for the property located at the southeast corner of First Street and Sycamore Street. Staff recommended approval. No public testimony was heard. Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to Wireless Communications Tower Regulations. Chad Nabity, Regional Planning Director reported that this item was heard before the City Council on June 8th and June 15th. The purpose of this public hearing was to enter into the record the minutes of the June 15, 2010 Study Session. Further action will be taken in the future. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9263 – Consideration of Conveyance of Property located South of Old Fire Station 1 (Lots 10 and 11 of Campbell’s Subdivision) #9264 – Consideration of Zoning Change for Land Located North of Faidley Avenue and West of Diers Avenue, Lot 1 and Outlot A of Crane Valley 7th Subdivision from B2 – General Commercial to RD – Residential Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Discussion was held regarding road access to the property from the north. Motion by Meyer, second by Nickerson to approve Ordinances #9263 and #9264. Page 3, City Council Regular Meeting, June 22, 2010 City Clerk: Ordinances #9263 and #9264 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9263 and #9264 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9263 and #9264 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA:. Consent agenda items G-7, G-9 and G-13 were removed from the agenda for further discussion. Motion by Zapata, second by Carney to approve the Consent Agenda excluding items G-7, G-9 and G-13. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 8, 2010 City Council Regular Meeting. Approving Minutes of June 15, 2010 City Council Study Session. #2010-160 – Approving Acquisition of Real Estate Located at the Southeast Corner of First Street and Sycamore Street. #2010-161 – Approving Nebraska Children and Families Foundation Agreements for Professional Development Mini-Grants. #2010-162 – Approving Nebraska Children and Families Foundation Agreement for a Child Well-Being Implementation Grant. #2010-163 – Approving Baseball Tomorrow Fund Grant Application. #2010-165 – Approving Certificate of Final Completion for Installation of Supervisory Control And Data Acquisition (SCADA) System, Project No. WW050 with IES Industrial Inc. of Grand Island, Nebraska. #2010-167 – Approving Award of Proposal for Consulting Services for Geospatial Data Collection of Grand Island’s Public Stormwater Conveyance System with JEO Consulting Services, Inc. of Grand Island, Nebraska in an Amount of $60,500.00. #2010-168 – Approving Certificate of Final Completion for Project 2010-WWTP-1 Construction of Slud ge Storage Facility for the Wastewater Division with Chief Construction Company of Grand Island, Nebraska. #2010-168 – Approving Renewal of Microsoft Software Enterprise Agreement with Dell Marketing in an Amount of $245,435.55 until June 30, 2013. #2010-164 – Approving Lease Agreement with the Nebraska State Fair Board Regarding Parking by Island Oasis. Steve Paustian, Parks & Recreation Director reported that a lease Page 4, City Council Regular Meeting, June 22, 2010 agreement has been drawn up to allow for State Fair Parking on City owned land south of Island Oasis and south of Fire Station Number 1. Discussion was held regarding requirements within the lease, parking surfaces and liability insurance. City Attorney Dale Shotkoski stated the State Fair would be required to have liability insurance. Motion by Ramsey, second by Dugan to approve Resolution #2010-164. Upon roll call vote, all voted aye. Motion adopted. #2010-166 – Approving Designating No Parking on Portions of Stolley Park Road, Stuhr Road and Fonner Park Road. Steve Riehle, Public Works Director reported that The Engineering Division of the Public Works Department reviewed traffic flows and safety in the area and recommend the designation of No Parking in the noted locations. The No Parking restriction would improve traffic flow, reduce congestion and improve safety on streets that are impacted by existing traffic as well as the expected traffic for the State Fair. No Parking restriction was proposed on both sides of the following streets: · On Fonner Park Road, from Pleasant View Drive to Stuhr Road; · On Stolley Park Road, from 500 feet west of Adams Street to Stuhr Road; · On Stuhr Road, from the south city limits (Wood River) to Bismark Road; A No Parking restriction was already in place on Fonner Park Road from Locust Street to Pleasant View Drive. The No Parking restriction would also allow for striping of Stolley Park Road from west of Adams Street to Locust Street as a 3-lane roadway. Changing this section of Stolley Park Road to a 3-lane roadway would make the roadway safer and improve traffic flow. A similar change from a 2-lane to a 3-lane roadway was made on Faidley Avenue from Webb Road to east of Custer Avenue a number of years back that had proven to work very well. Letters were sent to adjacent property owners along Stolley Park Road notifying them of the possible change. Judy Watson, 405 West Stolley Park Road and Paul Buck, 419 E. Nebraska Avenue spoke in opposition. Motion by Carney, second by Dugan to approve Resolution #2010-166. Discussion was held regarding a temporary no parking zone during the State Fair. Motion by Gilbert, second by Carney to amend the main motion to take effect the two weeks of the State Fair and to include a permanent three lane east of South Locust. Upon roll call vote, all voted aye. Motion adopted. Upon roll call vote of the main motion, all voted aye. Motion adopted. #2010-170 – Approving Amended Interlocal Agreement with the Community Redevelopment Authority. Chad Nabity, Regional Planning Director reported that the Community Redevelopment Authority and the City of Grand Island entered into an interlocal agreement to have the Regional Planning Director act as Director of the CRA beginning July 1, 2005. According to the terms of the agreement the CRA would pay 10% of the Director's salary and Page 5, City Council Regular Meeting, June 22, 2010 benefits and 10% of the planning department's secretary's salary and benefits to offset the cost of this service. In 2007, for the 2008 budget, this agreement was amended with the CRA paying 20% of the Director’s benefits and salary. In response to current budget constraints and in reviewing the work performed by the planning secretary the CRA Board had determined that it would be appropriate for the CRA to increase the percentage of the salary and benefits for that position from 10% to 20% for the next fiscal year. Discussion was held regarding the allocation of the work load of the planning secretary. Mr. Nabity stated this change would save the City approximately $4,500. Motion by Gilbert, second by Dugan to approve Resolution #2010-170. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2010-171 – Approving Changes to Speed Limits on Capital Avenue, Independence Avenue, Stolley Park Road, Stuhr Road and US Highway 281. Steve Riehle, Public Works Director reported that the Engineering Division of the Public Works Department completed reviews of the speed limits on Capital Avenue, Independence Avenue, Stolley Park Road, Stuhr Road and US Highway 281 and recommended the following: 1. Capital Avenue – extend the 35 mph east of St. Paul Road to the NE Central Railroad Tracks 2. Independence Avenue – Lower the speed limit to 25 mph from Capital Avenue to NE Highway 2 3. Stolley Park Road – Extend the 35 mph east of Locust Street for approximately ½ mile to the Fonner Park/Heartland Events Center driveway 4. Stuhr Road – lower the speed limit to 45 mph from the south city limits to Fonner Park Road 5. US Highway 281 – lower the speed limit on US Highway 281 from the UPRR/Old Hwy 30 overpass to NE Hwy 2 from 50 mph to 45 mph Discussion was held regarding the considerations taken by the Public Works Department in recommending these changes. Mr. Riehle stated they looked at the number of driveways, houses, lot sizes, pedestrians and safety issues. The change in the speed limit at the railroad tracks seemed to be a natural change. Truck routes were mentioned. Motion by Carney, second by Gilbert to approve Resolution #2010-171. Upon roll call vote, all voted aye. Motion adopted. #2010-172 – Approving Resolution to Allow Temporary Closure of College Street From Custer Avenue to Lafayette Avenue. Steve Riehle, Public Works Director reported School Administration requested a temporary closure of College Street from Custer Avenue to Lafayette Avenue from September 12, 2010 until October 15, 2010 for a traffic study. The following people spoke in support of the study: · Steve Joel, 314 Ponderosa Drive Page 6, City Council Regular Meeting, June 22, 2010 · Bonnie Hinkle, 1603 Spruce Road · Jacey McGowan, 533 Linden Avenue · Kent Mann, 1603 Zola Court · Mary Lanfear, 2128 North Custer Avenue · Justin Pederson representing Olsson Associates presented a PowerPoint presentation explaining the College Street Traffic Impact Study · Jim O’Neill, 2426 North Custer Avenue · Ron Christensen, 2523 College Street Discussion was held regarding safety and the importance of the study. Alternative options besides closing College Street were mentioned. Motion by Dugan, second by Carney to approve Resolution #2010-172. Upon roll call vote, Councilmember’s Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember’s Meyer, Haase, and Gericke voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Zapata to approve the Claims for the period of June 9, 2010 through June 22, 2010, for a total amount of $4,102,591.11. Unanimously approved. Motion by Dugan, second by Zapata to approve the Claims for the Period of June 9, 2010 through June 22, 2010 for the Veterans Athletic Field Complex for a total amount of $205.82. Unanimously approved. Motion by Dugan, second by Zapata to approve the Claims for the Period of June 9, 2010 through June 22, 2010 for the State Fair Recreation Building for a total amount of $360,000.00. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Meyer, second by Dugan to adjourn to Executive Session at 9:25 p.m. for the purpose of discussion concerning IBEW – Service/Clerical Labor Contract for the protection of the public interest. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Dugan second by Carney to return to Regular Session at 9:55 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. RaNae Edwards City Clerk Item G2 #2010-173 - Approving Acquisition of Utility Easement - Between North and Engleman Roads, and between White Cloud and One R Roads - Robert and Shirley Bruhn This item relates to the aforementioned Public Hearing Item E-4. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-173 WHEREAS, a public utility easement is required by the City of Grand Island, from Robert and Shirley Bruhn to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The westerly twenty-five (25) feet of the South Eighty (80) acres of the North One Hundred Forty-six (146) acres of the Northeast Quarter (NE ¼) of Section Twenty-three (23), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. Hall County, Nebraska. The above described easement and right-of-way containing a total of 0.76 acres, more or less, as shown on the plat dated November 9, 2009, marked Exhibit “A”, attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easement from Robert and Shirley Bruhn, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G3 #2010- - Approving Acquisition of Utility Easement - Between North and Engleman Roads, and between White Cloud and One R Roads - Lester and Myrna Petzoldt This item relates to the aforementioned Public Hearing Item E-5. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-174 WHEREAS, a public utility easement is required by the City of Grand Island, from Lester and Myrna Petzoldt to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The westerly twenty-five (25) feet of the Southwest Quarter of the Southeast Quarter (SW ¼ SE ¼) and the easterly twenty-five (25) feet of the Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) in Section Twenty-three (23), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. Hall County, Nebraska. The above described easement and right-of-way containing a total of 1.52 acres, more or less, as shown on the plat dated November 9, 2009, marked Exhibit “A”, attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easement from Lester and Myrna Petzoldt, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2010-175 - Approving Acquisition of Utility Easement - Between North and Engleman Roads, and between Chapman and One R Roads - Thomas and Paula Rauert This item relates to the aforementioned Public Hearing Item E-7. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-175 WHEREAS, a public utility easement is required by the City of Grand Island, from Thomas and Paula Rauert, to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The westerly twenty-five (25) feet of the Northeast Quarter (NE ¼) of Section Fourteen (14), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. Hall County, Nebraska. The above described easement and right-of-way containing a total of 1.52 acres, more or less, as shown on the plat dated November 9, 2009, marked Exhibit “A”, attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easement from Thomas and Paula Rauert, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-176 - Approving Acquisition of Utility Easement - West of Stuhr Road and South of Fonner Park - Hall County Livestock Improvement Association This item relates to the aforementioned Public Hearing Item E-6. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-176 WHEREAS, a public utility easement is required by the City of Grand Island, from Hall County Livestock Improvement Association to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including electric lines and a well house; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: Referring to the northeast corner of the Southeast Quarter (SE ¼), Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., located in the City of Grand Island, Hall County, Nebraska; thence southerly along the easterly line of said Southeast Quarter (SE ¼), a distance of three hundred ninety eight (398.0) feet; thence deflecting right 89º08’08” and running westerly, a distance of thirty three (33.0) feet to a point on the westerly right-of-way line of Stuhr Road, said point being the ACTUAL Point of Beginning; thence continuing westerly on the last described course, a distance of four hundred twenty (420.0) feet, excepting the 12’ x 18’ tract of land deeded to the City of Grand Island as described in Deed Book #139, Page 422, recorded in the Hall County, Nebraska Register of Deeds Office. The above-described easement and right-of-way containing a total of 0.193 acres, more or less, as shown on the plat dated 5/28/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the Hall County Livestock Improvement Association, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item G6 #2010- - Approving Acquisition of Utility Easement - 438 Industrial Lane, north of Old U.S. Highway 30 - L & P Investments This item relates to the aforementioned Public Hearing Item E-8. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-177 WHEREAS, a public utility easement is required by the City of Grand Island, from L & P Investments, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: The northerly forty seven and five tenths (47.5) feet of the easterly ten (10.0) feet of Lot Three (3), Commercial Industrial Park Third Subdivision, in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 475.0 square feet, more or less, as shown on the plat dated 6/3/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from L & P Investments, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010- - Approving Acquisition of Utility Easement - 3311 Firestone Street (Lot 4) - Indianhead Golf Club This item relates to the aforementioned Public Hearing Item E-9. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-178 WHEREAS, a public utility easement is required by the City of Grand Island, from Indianhead Golf Club, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, the City Council approved an easement across this property at the May 25, 2010 Council meeting, and the new easement has different dimensions then that previously approved, and the owner wishes to create the change; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: The northerly twelve and five tenths (12.5) feet of Lot Four (4), Block One (1), Fairway Crossings at Indianhead Golf Club First Subdivision. The above-described easement and right-of-way containing a total of 0.041 acres, more or less, as shown on the plat dated 6/9/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Indianhead Golf Club, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010- - Approving Acquisition of Utility Easement - 3303 Firestone Street (Lot 5) - Indianhead Golf Club This item relates to the aforementioned Public Hearing Item E-9. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-179 WHEREAS, a public utility easement is required by the City of Grand Island, from Indianhead Golf Club, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, the City Council approved an easement across this property at the May 25, 2010 Council meeting, and the new easement has different dimensions then that previously approved, and the owner wishes to create the change; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: The southerly seven and five tenths (7.5) feet of Lot Five (5), Block One (1), Fairway Crossings at Indianhead Golf Club First Subdivision. The above-described easement and right-of-way containing a total of 0.024 acres, more or less, as shown on the plat dated 6/9/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Indianhead Golf Club, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-180 - Approving Bid Award - Water Main Project 2009-W- 6 (6th Street from Elm Street to Pine Street) Tuesday, July 13, 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, Utilities Director Dale Shotkoski, City Attorney Meeting: July 13, 2010 Subject: Bid Award for Water Main Project 2009-W-6 Sixth Street, Elm Street to Pine Street Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background The existing water system infrastructure in Sixth Street between Elm Street and Pine Street is well over 100 years old. This is evident from an existing fire hydrant in the project area that is stamped “Feb 1880”, and the Department has water service cards for the area that date back to 1908. At the time of its installation, the existing 4” diameter cast iron main was state of the art. And, although the main remains in good physical condition, it does not meet today’s modern requirements for fire protection and service. The referenced project provides for furnishing materials, the trenchless installation of a new 8” diameter ductile-iron water main, new water service connections to the adjacent residential properties, and the abandonment of the old 4” main. Replacing this section of main will insure continued operation service, reliability, and improved fire protection in the area. A map of the project area is attached for reference. Funding for the project will be a cost share between the Water Department and the Nebraska Department of Economic Development. The project meets eligibility requirements for Community Development Block Grant (CDBG) funding. This is a project share with CDBG picking up approximately 80% of the project costs. Discussion Bidding documents, specifications and plans were advertised in accordance with City Procurement Codes and issued to 15 contractors. Bids were received and publicly opened at 2:00 p.m. on June 10, 2010. Four firms submitted bids that have been reviewed for accuracy and completeness. The “as read” bids were: Bidder Exceptions Bid Price Completion Date K2 Construction None $293,902.22 November 24, 2010 Lincoln, NE Diamond Engineering Co. None $303,357.69 Septemter 30, 2010 Grand Island, NE General Excavating None $393,954.28 October 30, 2010 Lincoln, NE Myers Construction, Inc. None $427,650.20 October 31, 2010 Broken Bow, NE All bids have been reviewed and evaluated. A tabulation of the bid evaluation form is attached for reference. The bids from Diamond Engineering Company and from General Excavating are complete and without exceptions. There were issues on the other two bids received. The highest “as read” bid from Meyers Construction, contained an error in the quantity per unit price calculations for Item C.1.34 Remove Asph./Conc. Driveway. Their listed amount was $7,764.00 vs. the correct amount of $776.40. The error is from a misplaced decimal point and is a difference of $6,987.60, resulting in an evaluated lowering of their total bid to $420,662.60. Additionally, Myers Construction failed to sign and submit several requirements on the Contractor’s Bid form. These include omitting the sections dealing with sales tax options; a breakdown of their bid for use by the City’s Finance Department; and failure to sign and date their bid. They also did not submit forms for the CDBG certification. Perry Myers, President, Myers Construction, was contacted by phone on these issues. He appreciated the information and stated that he had hurried through the paperwork and had not done a very good job of preparing his bid. He said they had submitted the data per normal processes. He hoped that we would keep them on our bidders list. The low “as read” bid submitted from K2 Construction also contained errors and omissions. On Item C.1.36 Remove Conc. Curb and Gutter Section, K2’s quantity per unit price extension listed a total amount of $2,595.55. The correct amount is $2,604.80, a difference of $9.25. This correction increases their total bid to $293,911.47. There was also an error in the breakdown data of their bid for sales tax on the project, and in the CDBG section of the contract documents. The documents were not completed. K2 Construction was contacted in regard to the above referenced incorrect and missing data. All information, forms, and correctly calculated amounts have satisfactorily been submitted and reviewed. All issues are evaluated as resolved with an evaluated bid amount of $293,911.47. K2 Construction has not previously done any work in the Grand Island area. Therefore, their listed references and other individuals were contacted to check work history. In summary, they are a somewhat new company, in business since 2001. They had various problems in the past with the City of Lincoln. However, these issues have been resolved and they are doing work for Lincoln. In 2009, Lincoln awarded K2 the contract to install the replacement water mains on the UNL campus. This was a high profile project and K2 received positive evaluations from references contacted. Also, K2 has just been awarded a contract to replace 2,500 lf. of water main in “O” Street in Lincoln. The general comments from K2’s material suppliers and various other entities reported that on recent projects, their quality, scheduling, and overall performance was good. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the contract for Water Main Project 2009-W-6, Sixth Street, from Elm Street to Pine Street, to the low bidder, K2 Construction of Lincoln, Nebraska, in the amount of $293,911.47. Sample Motion Move to approve the contract for Water Main Project 2009-W-6, Sixth Street, from Elm Street to Pine Street, to K2 Construction of Lincoln, Nebraska. 4th St W7th St W5th St W6th St W8th St W3rd St W9th St WElm St N Ed d y S t N 2nd St WLincol n Ave N Clark St N Wa lnu t S t N Pin e St N North Front St WGreen wich S t N Adams S t N W a s hi ngt o n St N Cedar St N Division St W Front St W6th St Et N Sy ca mo re S t N Whe e le r A v e N5th St EJeffe rso n S t N Koenig St WW al n ut El m S t S Ceda r St S Madi s on St N4th St ECleb u rn St N Clebu r W h e e le r A Mo n r o e S t NSouCedar St N Cla r k St N Washi n g to nSt WW h eeler A ve N Cleb urn St N 11th St WGreen wich St NSouth Front St WCle b urn St N 10th St W20 (6/1/1932)6 (6/1/1935)18 (6/1/1973)6 (5/13/1907)4 (6/1/1886)24 (6/1/1963)6 (4/23/1908)6 (5/2/1923)4 (2/21/1907)4 (6/1/1 935)8 (4/23/1908)6 (4/20/1907)6 (6/12/1908)6 (8/10/1908)30 (6/16 (6/1/1917)20 (6/1/1912 (9/16/1 9 15)10 (12/31/1932)12 (6/1 /1932) 8 (6/1 /1 9 35 )8 (8/1/1963)18 (8 /1/1 96 3)6 (118 (6/1/1935)8 (6/1/ 1 886)8 (8/21/1909)4 (8/10/1908)20 (6 /1/196 8) 10 (6/ 1/ 1 9 3 5 )10 (10/1/2007)10 (5/15/1913)1 0 (6 6 (9/18/1909)12 (6 /1/1 935)8 (6/26/18 (6/12/1908)8 (8/15/1886)10 (8/15/1886)10 (12/21/1932)24 (6/ 1/ 1 9 3 5) 6 (6/1 /1963 )8 (6/1/1932)8 (6/15/1886)6 (6/12/1908)4 (6/1/19 35) 4 (66 (9/1 8 /1 909)6 (6/1/1935)18 (8 /1/1 963)6 (6/12/1908)6 (5/13/1907)6 (8/10/1908)6 (6/1/1935)8 (6/1/1935)18 (8 /1/196 3 )8 (8/15/1886)8 (8/15/1886)8 (6/1/1935)6 (6/1/1935)6 (6/1 / 1 9 3 5 ) 4 (6/1/1 935)18 (6/1/1935)4 (2/21/1907)6 (4/23/1908))8 (6/1/1935)10 (12/21/1932)6 (5/13/1907)6 (6/1 /1935 )18 (8 /1/1 96 3)6 (6/12/1908)6 (6/1/19 35 )20 (6/1/1932)8 (6/1/1935)6 (6/1/1935)8 (6/12/1908)6 (6/1 /1 9 35 )24 (6/1/1935)/1913)18 (8/1/1963)8 (6/1/1935)6 (2/21/1907)8 (6/1/1935)6 (6/1 /1935 )18 (6/1/1935)6 (6/1/1935)4 (6 /1 /19 35 )6 (6/1/1935)6 (6/1/1935)6 (2/21/1907)6 (6/1/1886)8 (4/23/1908)18 (8/ 1 / 196 3) 4 (6/1/1 935 )6 (6/12/1908)6 (6/1 /1935)6 (6/1/1935)6 (4/20/1907)6 (2/21/1907)6 (6/1/ 1 9 3 5 )6 (6/1/1935)6 (6/1/19 3 5 ) 18 (8/1/19 6 3 )6 (6/1/1935)6 (2/21/1907)6 (8/10/1908)4 (6/1/1886)8 (4/23/1908)18 (6/1/1935)6 (6/12/1908)6 (4/20/1907)6 (8/10/1908)18 (6/1/1935)6 (8/10/1908)8 (6/1 /1 9 35) 8 (6/1 /1935 )18 (6/1/1935)6 (6/1/1935)6 (6/1/ 1 9 35 )6 (2/21/1907)6 (6/12/1908)6 (6/1/1935)6 (6/1/1935)12 (6/1/19 3 2 )8 (8/21/1909)6 (4/20/1907)12 (6 /1/193 2 ) 12 (6/1/193 2)4 (6/1/1886)8 (6/12/1908)4 (6/1 /1935)6 (6/1/1935)6 (5/13/1907)18 (8/1/196 3 )18 (6/1/1935)6 (6 /1 /1935)6 (6/1/1935)6 (5/3/1909)6 (2/21/1907)12 (6/1/1 9 3 2 ) 10 (6/ 1 / 1 9 3 5)6 (5/13/1907)WMP 2009-W-6 Water Main Project 2009-W-6 Sixth Street water main replacement from Elm to Pine BIDS 6/10/2010 K-2 Construction Diamond Eng Co General Excavating Myers Construction ITEM DESCRIPTION QUANTITY EST.UNIT $TOTAL $UNIT $TOTAL $UNIT $TOTAL $UNIT $TOTAL $ 1.01 12" d.i. pipe (s.j.)18.50 l.f.53.92 997.52 74.90 1,385.65 90.00 1,665.00 60.00 1,110.00 1.02 8" d.i. pipe (r.j.) - trenchless installation 1,641.00 l.f.49.87 81,836.67 58.90 96,654.90 70.00 114,870.00 85.00 139,485.00 1.03 8" d.i. pipe (s.j.)90.50 l.f.35.30 3,194.65 43.00 3,891.50 60.00 5,430.00 55.00 4,977.50 1.04 6" d.i. pipe (s.j.)31.30 l.f.31.77 994.40 43.35 1,356.86 50.00 1,565.00 50.00 1,565.00 1.05 12"x8" m.j. wye 2.00 ea.441.49 882.98 810.00 1,620.00 710.00 1,420.00 792.00 1,584.00 1.06 12"x8" m.j. tee 1.00 ea.302.85 302.85 605.00 605.00 600.00 600.00 597.00 597.00 1.07 12"x6" m.j. tee 1.00 ea.278.60 278.60 571.00 571.00 600.00 600.00 534.00 534.00 1.08 12"x8" m.j. reducer 2.00 ea.182.54 365.08 285.00 570.00 400.00 800.00 336.00 672.00 1.09 12" retainer gland 0.00 ea.0.00 0.00 200.00 0.00 120.00 0.00 190.00 0.00 1.10 8"x8"x6" m.j. tee 6.00 ea.174.27 1,045.62 471.30 2,827.80 450.00 2,700.00 416.00 2,496.00 1.11 8"x45° m.j. bend 2.00 ea.127.01 254.02 313.60 627.20 400.00 800.00 273.00 546.00 1.12 8"x6" m.j. reducer 1.00 ea.113.65 113.65 210.50 210.50 400.00 400.00 234.00 234.00 1.13 8" retainer gland 2.00 ea.67.32 134.64 121.75 243.50 110.00 220.00 98.00 196.00 1.14 8" sleeve coupling 4.00 ea.125.77 503.08 251.50 1,006.00 240.00 960.00 513.00 2,052.00 1.15 8" plug 1.00 ea.80.53 80.53 151.25 151.25 200.00 200.00 137.00 137.00 1.16 6"x6"x6" m.j. tee 2.00 ea.150.97 301.94 362.55 725.10 400.00 800.00 346.00 692.00 1.17 6" retainer gland 2.00 ea.55.77 111.54 95.00 190.00 110.00 220.00 57.00 114.00 1.18 6" sleeve coupling 3.00 ea.107.44 322.32 207.15 621.45 225.00 675.00 318.00 954.00 1.19 12" r.s. gate valve 1.00 ea.1,826.60 1,826.60 2,319.00 2,319.00 2,250.00 2,250.00 2,560.00 2,560.00 1.20 8" r.s. gate valve 2.00 ea.1,100.61 2,201.22 1,236.50 2,473.00 1,200.00 2,400.00 1,356.00 2,712.00 1.21 6" r.s. gate valve 2.00 ea.836.05 1,672.10 850.00 1,700.00 900.00 1,800.00 920.00 1,840.00 1.22 valve box 5.00 ea.429.98 2,149.90 198.00 990.00 230.00 1,150.00 165.00 825.00 1.23 fire hydrant assembly 6.00 ea.1,811.96 10,871.76 3,515.00 21,090.00 1,800.00 10,800.00 4,340.00 26,040.00 1.24 duc-lugs & redi-rod 3.00 ea.220.70 662.10 224.00 672.00 200.00 600.00 115.00 345.00 1.25 thrust block 14.00 ea.193.05 2,702.70 340.00 4,760.00 250.00 3,500.00 180.00 2,520.00 1.26 I-beam block 1.00 ea.850.68 850.68 715.95 715.95 1,000.00 1,000.00 240.00 240.00 1.27 linestopper installation 5.00 ea.700.00 3,500.00 565.00 2,825.00 4,600.00 23,000.00 1,300.00 6,500.00 1.28 1" copper water service (complete)48.00 ea.2,113.69 101,457.12 1,791.00 85,968.00 2,200.00 105,600.00 3,000.00 144,000.00 1.29 8 mil polywrap 1,781.30 l.f.1.10 1,959.43 1.00 1,781.30 1.10 1,959.43 2.00 3,562.60 1.30 remove and salvage existing water main 79.00 l.f.14.00 1,106.00 8.80 695.20 25.00 1,975.00 10.00 790.00 1.31 remove and salvage existing fire hydrant 3.00 ea.350.00 1,050.00 389.00 1,167.00 700.00 2,100.00 400.00 1,200.00 1.32 remove existing roadway 390.50 s.y.14.00 5,467.00 7.15 2,792.08 13.00 5,076.50 4.00 1,562.00 1.33 replace concrete roadway 408.50 s.y.48.12 19,657.02 49.00 20,016.50 95.00 38,807.50 48.00 19,608.00 1.34 remove asph./conc. Driveway 129.40 s.y.14.00 1,811.60 8.00 1,035.20 2.00 258.80 6.00 776.40 7,764.00 1.35 replace asph./conc. Driveway 129.40 s.y.35.75 4,626.05 46.90 6,068.86 14.00 1,811.60 78.00 10,093.20 1.36 remove conc. Curb & gutter section 140.80 l.f.18.50 2,604.80 2.60 366.08 3.00 422.40 5.00 704.00 2,595.55 1.37 replace conc. Curb & gutter section 0.00 l.f.0.00 0.00 29.20 0.00 30.00 0.00 21.00 0.00 1.38 6" conc. Integral curb 140.30 l.f.22.05 3,093.62 3.50 491.05 30.00 4,209.00 3.00 420.90 1.39 remove, replace and regrade gravel driveway 2.00 ea.700.00 1,400.00 151.00 302.00 800.00 1,600.00 1,200.00 2,400.00 1.40 remove concrete sidewalk 1,778.80 s.f.1.40 2,490.32 1.13 2,010.04 1.50 2,668.20 1.00 1,778.80 1.41 replace concrete sidewalk 2,103.50 s.f.4.78 10,054.73 7.75 16,302.13 7.50 15,776.25 5.00 10,517.50 1.42 remove brick sidewalk 1,105.40 s.f.2.80 3,095.12 1.40 1,547.56 3.00 3,316.20 1.50 1,658.10 1.43 replace brick sidewalk 780.70 s.f.2.80 2,185.96 6.90 5,386.83 14.00 10,929.80 7.00 5,464.90 1.44 saw cut 100.90 l.f.4.17 420.75 3.55 358.20 4.00 403.60 3.00 302.70 1.45 Residential Seeding 11,620.00 s.f.0.54 6,274.80 0.35 4,067.00 0.75 8,715.00 0.80 9,296.00 1.46 Traffic Control Complete l.s.7,000.00 7,000.00 2,200.00 2,200.00 7,900.00 7,900.00 5,000.00 5,000.00 Evaluated Bid $293,911.47 $303,357.69 $393,954.28 $420,662.60 As Read Bid $293,902.22 $303,357.69 $393,954.28 $427,650.20 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale Shotkoski, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 10, 2010 at 2:00 p.m. FOR: Water Main Project 2009-W-6 Sixth Street, from Elm Street to Pine Street DEPARTMENT: Utilities ESTIMATE: $325,693.00 FUND/ACCOUNT: 525 PUBLICATION DATE: May 17, 2010 NO. POTENTIAL BIDDERS: 15 SUMMARY Bidder: General Excavating K2 Construction Lincoln, NE Lincoln, NE Bid Security: Universal Surety Co. International Fidelity Ins. Co. Exceptions: None None Bid Price: $393,954.28 $293,902.22 Completion Date: 10/30/10 11/24/10 Bidder: Diamond Engineering Co. Myers Construction, Inc. Grand Island, NE Broken Bow, NE Bid Security: Universal Surety Co. Merchants Bonding Company Exceptions: None None Bid Price: $303,357.69 $427,650.20 Completion Date: 9/30/10 10/31/10 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Pat Gericke, Utilities Admin. Assist. Jeff Pederson, City Administrator Tom Barnes, Engineering Manager P1418 Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-180 WHEREAS, the City Water Department invited sealed bids for Water Main Project 2009- W-6, Sixth Street, from Elm Street to Pine Street; and WHEREAS, on June 10, 2010, bids were received, opened and reviewed; and WHEREAS, K2 Construction of Lincoln, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, in an evaluated amount of $293,911.47; and WHEREAS, the City Water Department and the Nebraska Department of Economic Development are completing Water Main Project 2009-W-6, Sixth Street from Elm Street to Pine Street as a project share with the Community Development Block Grant (CDBG) picking up approximately 80% of the project costs; and WHEREAS, the bid of K2 Construction of Lincoln, Nebraska, is less than the estimate for Water Main Project 2009-W-6, Sixth Street, from Elm Street to Pine Street. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of K2 Construction of Lincoln, Nebraska, in the amount of $293,911.47 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-181 - Approving Peter Kiewit Grant Agreement Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks & Recreation Director Meeting: July 13, 2010 Subject: Approving Peter Keiwit Grant Agreement Item #’s: G-10 Presenter(s): Steve Paustian Background A Peter Kiewit Foundation grant application was prepared and submitted in April 2010. In June, the Kiewit Foundation awarded $55,564 to the City of Grand Island to purchase Community Field House recreational equipment for the 70,000 square foot Community Field House constructed at Fonner Park. The City of Grand Island will manage the facility from October 1 through July 31 annually and provide indoor recreational and group activities. The building, sports flooring, and raised lighting are in place but recreational equipment is needed to carry out programming. Discussion The grant may be used to purchase recreational equipment by priority as needed for programming at the Field House. The grant requires $166,963 in new cash contributions as a grant match but, of that amount, $15,000 has been received from a local foundation and $100,000 has been committed by the Nebraska State Fair toward the purchase of indoor equipment needs. The additional $51,000 is expected to come from other grant awards and miscellaneous cash purchases by the City for the facility. A Grant Agreement and a Letter of Understanding sepcifying the terms and conditions of the award have been sent to the City to accept the grant award. The grant period runds from June 29, 2010 to June 30, 2011. Staff recommends that the Mayor be authorized to sign all grant related documents and that the grant be accepted by the City. 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 Grant Agreement and Letter of Understanding and authorize the Mayor to sign related documents. Sample Motion Move to approve the Grant Agreement and Letter of Understanding and authorize the Mayor to sign related documents. Approved as to Form ¤ ___________ July 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-181 WHEREAS, the City of Grand Island submitted a grant application to the Peter Kiewit Foundation in April 2010; and WHEREAS, the Peter Kiewit Foundation has awarded $55,564 to the City of Grand Island to purchase recreational equipment for the Grand Island Community Field House; and WHEREAS, a Grant Agreement and Letter of Understanding have been provided by the Kiewit Foundation to the City to accept the grant award; WHEREAS, matching funds of $166,963 are required to access grant funding; and WHEREAS, the grant agreement period begins June 29 and ends June 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to accept the grant award from the Peter Kiewit Foundation and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-182 - Approving Acquisition of Ingress/Egress Easement Located at 3016 E Bismark Road (Karen M. Neppl) This item relates to the aforementioned Public Hearing Item E-10 Tuesday, July 13, 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 ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-182 WHEREAS, an ingress/egress easement is required by the City of Grand Island, from Karen M. Neppl, for public access to the property at 3016 E Bismark Road; and WHEREAS, a public hearing was held on July 13, 2010, for the purpose of discussing the proposed acquisition of an ingress/egress easement consisting of the westerly 15’ of a tract described as, a tract of land comprising a part of lot one (1) on the mainland of the southwest quarter (SW1/4) of the southeast quarter (SE1/4) of section fourteen (14), township eleven (11) north, range nine (9) west of the 6th p.m., City of Grand Island in Hall county, Nebraska, more particularly described as follows: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT ONE (1) ON THE MAINLAND OF THE SW1/4SE1/4; THENCE SOUTHERLY ALONG AND UPON THE WEST LINE OF SAID SW1/4SE1/4 A DISTANCE OF SEVEN HUNDRED TWENTY SEVEN AND FOUR HUNDREDTHS (727.04) FEET, TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE C. B. & Q. RAILROAD; THENCE DEFLECTING LEFT 62 DEGREES 12’ AND RUNNING SOUTHEATERLY ALONG AND UPON SAID NORTHEAST RAILROAD R.O.W. A DISTANCE OF TWO HUNDRED AND TWO (202.0) FEET; THENCE DEFLECTING LEFT 35 DEGREES 07’; AND RUNNING NORTHEASTERLY A DISTANCE OF TWO HUNDRED SEVENTY NINE AND TWENTY TWO HUNDREDTHS (279.22) FEET; THENCE DEFLECTING LEFT 23 DEGREES 23’ AND RUNNING NORTHEASTERLY, A DISTANCE OF THREE HUNDRED TWELVE AND FORTY FIVE HUNDREDTHS (312.45) FEET; THENCE DEFLECTING LEFT 19 DEGREES 00’ AND RUNNING NORTHEASTERLY, A DISTANCE OF ONE HUNDRED THIRTY (130.0) FEET, TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ON THE LAST DESCRIBED COURSE, A DISTANCE OF ONE HUNDRED NINETEEN AND TWENTY FIVE UNDREDTHS (119.25) FEET; THENCE DEFLECTING LEFT 13 DEGREES 21’ AND RUNNING NORTHEASTERLY, A DISTANCE OF TWENTY (20) FEET; THENCE DEFLECTING RIGHT 83 DEGREES 39’ AND RUNNING SOUTHEASTERLY A DISTANCE OF NINETY (90.0) FEET; THENCE DEFLECTING RIGHT 55 DEGREES 50’ AND RUNNING SOUTHEASTERLY A DISTANCE OF ONE HUNDRED FORTY SIX AND SIX TENTHS (146.6) FEET; THENCE DEFLECTING RIGHT 121 DEGREES 17’ AND RUNNING NORTHWESTERLY A DISTANCE OF TWO HUNDRED FIFTEEN (215.0) FEET, TO THE ACTUAL PLACE OF BEGINNING AND CONTAINING 0.437 ACRES MORE OR LESS, IN HALL COUNTY, 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 an ingress/egress easement from Karen M. Neppl, on the above- described lot of land. - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-183 - Approving Bid Award for Addition to Transfer Station Storage Building Tuesday, July 13, 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: July 13, 2010 Subject: Approving Bid Award for Addition to Transfer Station Storage Building Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background On May 29, 2010 the Solid Waste Division of the Public Works Department advertised for an addition to the Transfer Station Storage Building. There were six (6) potential bidders. Discussion Three (3) bids were received and opened on June 24, 2010. The Solid Waste Division of the Public Works Department reviewed the bids that were received. The bid submitted by Rathman & Manning Corporation of Chapman, Nebraska meets all of the specifications. Bidder Bid Price Deductive Bid “A” Deductive Bid “B” Rathman & Manning Corp. of Chapman, NE $80,750.00 $2,030.00 $55.00 Chief Construction Co. of Kearney, NE $105,000.00 $1,900.00 $40.00 Tri Valley Builders, Inc. of Grand Island, NE $115,900.00 $300.00 $1,300.00 Deductive Bid “A” allows for removing the liner panel bid item from the project, Deductive Bid “B” permits removing the splash block bid item. As the base bid including the liner panel and splash block is only $750 above the estimate of $80,000, Public Works Administration would recommend awarding the base bid. When compared to the other two bids received the base bid of Rathman & Manning Corp. is considered fair and reasonable. The original truck storage building was constructed in 2005 and is used for storage and maintenance of a portion of the Transfer Station’s fleet of trucks and trailers used in the daily transport of solid waste to the Landfill. This addition to the existing building will be utilized for storage and maintenance of heavy equipment and some additional small equipment that is also used in the daily operations at the Transfer Station. The funds for this building addition are in the approved FY 2010 budget. 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 addition to the Transfer Station Storage Building by Rathman & Manning Corporation of Chapman, Nebraska in the amount of $80,750.00. Sample Motion Move to approve the addition to the Transfer Station Storage Building by Rathman & Manning Corporation of Chapman, Nebraska in the amount of $80,750.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale Shotkoski, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 24, 2010 at 2:00 p.m. FOR: Addition to Transfer Station Storage Building DEPARTMENT: Public Works ESTIMATE: $80,000.00 FUND/ACCOUNT: 50530040-85610 PUBLICATION DATE: May 29, 2010 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Rathman & Manning Corp Tri Valley Builders, Inc Chapman, NE Grand Island, NE Bid Security: Inland Insurance Co. Universal Surety Co Exceptions: None Noted Bid Price: $80,750.00 $115,900.00 Alternate Bid A: $2,030.00 $300.00 Alternate Bid B: $55.00 $1,300.00 Bidder: Chief Construction Co. Kearney, NE Bid Security: Fidelity & Deposit Company of MD Exceptions: None Bid Price: $105,000.00 Alternate Bid A: $1,900.00 Alternate Bid B: $40.00 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Jeff Wattier, Solid Waste Supt. Jeff Pederson, City Administrator P1421 Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-183 WHEREAS, the City Of Grand Island invited sealed bids for an addition to the Transfer Station Storage Building, according to plans on file with the Public Works Department; and WHEREAS, on June 24, 2010 bids were received, opened and reviewed; and WHEREAS, Rathman & Manning Corporation of Chapman, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, with a bid price of $80,750.00; and WHEREAS, the bid price of Rathman & Manning Corporation’s is the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Rathman & Manning Corporation of Chapman, Nebraska, at a bid price of $80,750.00 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-184 - Approving Rescission of Resolution 736; No Parking on Both Sides of Fonner Park Road from South Locust Street to Pleasant View Drive Tuesday, July 13, 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: July 13, 2010 Subject: Approving Rescission of Resolution 736; No Parking on Both Sides of Fonner Park Road from South Locust Street to Pleasant View Drive Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background City Council approved Resolution 736 on Deember 10, 1973 which prohibits parking on both sides of Fonner Park Road from South Locust Street to Pleasant View Drive. Discussion It has been determined that the no parking restriction on Fonner Park Road from South Locust Street to Pleasant View Drive is not warranted on a permanent basis. It has not been enforced in the past 30+ years and there have not been any safety issues that have arisen with parking along this stretch. 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 rescission of Resolution 736, dated December 10, 1973. Sample Motion Move to approve the rescission of Resolution 736, dated December 10, 1973. Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-184 WHEREAS, Resolution 736, dated December 10, 1973, directed that No Parking be allowed on both sides of Fonner Park Road, from South Locust Street to Pleasant View Drive; and WHEREAS, it is recommended that Resolution 736, dated December 10, 1973 be rescinded, as there is no permanent need. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 736, dated December 10, 1973 is rescinded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-185 -Approving Designating No Parking on Fonner Park Road, from South Locust Street to Pleasant View Drive Tuesday, July 13, 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: July 13, 2010 Subject: Approving Designating No Parking on Fonner Park Road, from South Locust Street to Pleasant View Drive Item #’s: G-14 Presente r(s): Steven P. Riehle, Public Works Director Background Council action is required to designate No Parking on any public street. Representatives from the Public Works Department, Police Department, Sherriff’s Department, Department of Roads, State Fair, State Patrol, and the Grand Island Chamber of Commerce are looking at measures to help with traffic flow in preparation for the 2010 Nebraska State Fair. Items being discussed include on-site & off-site parking; traffic control on city streets, county roads, state highways and Interstate 80; and signage. One of the recommendations from the committee was to consider parking restrictions on streets near the Fonner Park/Heartland Events Center and the State Fair. Discussion The Engineering Division of the Public Works Department reviewed traffic flows and safety in the area and recommend the designation of No Parking in the noted locations. The No Parking restriction will improve traffic flow, reduce congestion and improve safety on streets that are impacted by existing traffic as well as the expected traffic for the State Fair. A No Parking restriction is proposed on both sides of Fonner Park Road, from South Locust Street to Pleasant View Drive, during the days of the State Fair. This would match with no parking restrictions that were set at the June 22, 2010 council meeting. Council is also being asked to rescind the current No Parking restriction from 1973 on Fonner Park Road from Locust Street to Pleasant View Drive at tonight's meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution designating No Parking on Fonner Park Road, from South Locust Street to Pleasant View Drive during the days of the State Fair. Sample Motion Move to approve the resolution designating No Parking on Fonner Park Road, from South Locust Street to Pleasant View Drive during the days of the State Fair. Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-185 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or portion thereof; and WHEREAS, the Public Works Department is requesting that No Parking be allowed during the days of the State Fair along Fonner Park Road, from South Locust Street to Pleasant View Drive; and WHEREAS, it is recommended that such restricted parking request be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. A No Parking Zone is hereby designated along the following section during the days of the State Fair: · On Fonner Park Road, from South Locust Street to Pleasant View Drive to Stuhr Road; 2. The City’s Street Division of the Public Works Department shall erect and maintain the signs necessary to effect the above regulation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2010-186 - Approving Contract for City Wellness Plan Tuesday, July 13, 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: July 13, 2010 Subject: Approving Wellness Contract Item #’s: G-15 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island began its wellness program almost four years ago. At that time the Healthways contract was administered through the health insurance contract with Mutual of Omaha. Later Coventry purchased Mutual of Omaha’s book of business and the wellness contract was picked up by Coventry. The City’s contract with Coventry expired on September 30, 2009. As the wellness year had already begun and the onsite physicals were held, employees were able to receive services through Healthways into fiscal year 2010. When the City brought forward a new third party administrator for its health and dental insurance a wellness contract was not part of the package. The City chose to implement a wellness plan as a way to improve employee’s health and in turn help to reduce overall health insurance costs. This has proven to be the case. Within 1 year after implementation, the City’s health claims dropped by more than $250,000. The claims remained at that level for the last three years with only a slight increase of around 1%. Nationally, health claims have risen around 10% annually. Our wellness program has proven to be an important part of our claims management process. Health insurance claims are cyclical and we can expect a bad year from time to time. But our last three years have been very good. Discussion The City advertised a Request for Proposal in April and received 6 proposals by the closing date in May. Three finalists were selected for interviews based on the how well they met the criteria in the RFP. Interviews were held by a group with representation from human resources, finance and legal/purchasing. The company being recommended to continue the wellness program is our current carrier, Healthways. Healthways presented the best overall proposal. The cost will remain the same as it was before which is $110 per participant. The set up fee per site is $150. Employees will have the same benefits and level of service that they have currently. The contract will run for three years with a renewal guarantee that the cost will increase by no more than 3% per year. The contract is attached for review Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the wellness contract with American Healthways Services, Inc. Sample Motion Move to approve the contract with American Healthways Services, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale Shotkoski, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR CITY WELLNESS PLAN RFP DUE DATE: May 18, 2010 at 4:00 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: April 26, 2010 NO. POTENTIAL BIDDERS: 5 SUMMARY OF PROPOSALS RECEIVED Principal Wellness Company Maximum Health Solutions Indianapolis, IN Omaha, NE Healthways, Inc. SimplyWell, LCC Franklin, TN Omaha, NE Wellness Partners LLC CareHere, LLC McCook, NE Brentwood, TN cc: Brenda Sutherland, Human Resources Director Tami Herald, HR Specialist Jeff Pederson, City Administrator Mary Lou Brown, Finance Director Dale Shotkoski, City Attorney P1414 ______________________________________________________________________________ Population Health Support, LLC HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT THIS HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT (the “Agreement”) is made and entered into as of the date executed by both parties (the “Effective Date”), by and between City of Grand Island, a Nebraska municipality (“City of Grand Island”) and on behalf of its group health plan(s) sponsored by City of Grand Island under the Employee Retirement Income Security Act of 1974 (“ERISA”) for the purpose of providing health related services to certain employees of City of Grand Island and their dependents who are enrolled in such group health plan(s) (“Plan”), and American Healthways Services, Inc., a Delaware corporation. I. DEFINITIONS Unless otherwise specifically provided, the capitalized terms used in this Agreement shall have the meanings set forth in Exhibit A, attached hereto and incorporated herein. II. COVENANTS OF AHSI, COMPANY AND PLAN (a) AHSI agrees that it will provide, or arrange for the provision of, the Biometrics Program as described in Exhibit B for Participants, as of the Effective Date, (b) Plan agrees that it will, directly or through employees of City of Grand Island providing plan administrative services to Plan: (i) Provide AHSI, per its specifications, with the data listed on Appendix 1 of Exhibit B no later than sixty (60) days prior to the first Health Screening Event ; (ii) Implement a financial incentive arrangement, mutually acceptable to City of Grand Island and AHSI, that encourages Eligible Member participation in the Biometrics Program; (iii) Provide Eligible Persons with enrollment materials describing the Biometrics Program and any financial incentive arrangement sponsored by City of Grand Island or Plan related to participation in the Biometrics Program; (iv) Distribute WBA forms to Eligible Persons participating in the Biometrics Program off-line at or prior to their Health Screen; (v) Provide a projected Health Screening Schedule to AHSI at least twenty (20) business days in advance of such Health Screening Event; (vi) Provide a Health Screening Schedule at least ten (10) business days in advance of such Health Screening Event; HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 2 (vii) Provide AHSI and its agents and subcontractors with an appropriate, accessible and safe setting at each Work Site adequate for the purpose of conducting Health Screens of Eligible Persons who desire to participate in the Biometrics Program; (viii) Encourage each Participant to complete all actions necessary for AHSI to generate a Biometrics Personal Health Report; and (ix) Designate one or more appropriate Plan representatives to serve as a liaison to AHSI and to be available during normal business hours to respond to inquiries from AHSI. (x) Allow AHSI to review and approve the accuracy of the content of any employee communication which references the Biometrics Program. (c) AHSI, City of Grand Island and Plan, as applicable, each further agree that: (i) Except as provided herein, AHSI and City of Grand Island each reserve the right to, and control of, the use of its name, symbols, trademarks and service marks presently existing or later established. In addition, except as provided herein, neither AHSI, Plan, nor City of Grand Island shall use the other’s name, symbols, trademarks or service marks, without the prior written consent of that party, and shall cease any such usage immediately upon written notice of the party or upon termination or expiration of this Agreement; provided, however, (A) City of Grand Island, in administering Plan, shall have the right to use the name of AHSI for the purpose of communicating with Eligible Persons the identity and services of AHSI, and otherwise to carry out the terms of this Agreement, and (B) AHSI shall have the right to use City of Grand Island’s and Plan’s name, symbols, trademarks and service marks in communicating with Eligible Persons under this Agreement and to identify City of Grand Island as a customer for its general marketing purposes in a manner that does not specifically identify the City of Grand Island or eligible persons of the plan.; (ii) AHSI and its affiliates shall have the right to use the outcomes and results from the Biometrics Program under this Agreement for their general marketing purposes in a manner that does not identify City of Grand Island, Plan or any Eligible Person or Participant; (iii) During the term of this Agreement, neither City of Grand Island nor Plan shall, directly or indirectly, enter into any agreement or contract with any other vendor or company for the provision of the same or similar services provided by AHSI under this Agreement; and HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 3 (iv) The Biometrics Program is designed to comply with the Wellness Program requirements of Section 54.9802-1(f) of the Treasury Regulations, Section 2590.701(f) of the EBSA Regulations and other relevant regulations (the “Wellness Program Exception”). City of Grand Island and Plan acknowledge that changes to the structure or implementation of the Biometrics Program may adversely affect Plan’s ability to rely upon this exception. Therefore, neither City of Grand Island nor Plan will make material changes to the structure or implementation of the Biometrics Program without the prior written consent of AHSI. III. PAYMENTS TO AHSI In consideration of the services rendered by AHSI under this Agreement, effective as of the Effective Date, City of Grand Island or Plan, as applicable, shall pay AHSI fees based upon the number of Participants (“Participation Fee”) and any additional program fees as set forth on Exhibit C. The fees shall be invoiced by AHSI monthly and paid by City of Grand Island or Plan, as applicable, within thirty (30) days of date of invoice. IV. INDEPENDENT RELATIONSHIP Notwithstanding any other provisions hereof, in the performance of their obligations of this Agreement, each party is at all times acting and performing as an independent contractor with respect to the other party, and no party shall have or exercise any control or direction over the method by which any other party shall perform such work or render or perform such services and functions. V. COMMUNICATION WITH COMPANY AND PLAN Certain information communicated by an Eligible Person or a Participant pursuant to the Biometrics Program may constitute Protected Health Information. It is the parties’ intent that all information exchanged pursuant to the Biometrics Program be compliant with the privacy and security regulations implementing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other applicable law and be consistent with any representations to Eligible Persons or Participants concerning confidentiality of information. Except as specified in Exhibit B of this Agreement with respect to reports related to Biometrics Program participation, AHSI will not disclose to City of Grand Island or Plan Personal Biometrics Data except upon City of Grand Island’s or Plan’s specific request, provided that compliance with such request is permitted by law and consistent with representations made by AHSI, City of Grand Island and Plan. AHSI will cooperate with Plan with regard to making selected Personal Data from Participants’ Personal Health Reports available in AHSI’s standard format to other providers of healthcare related services and employee assistance programs designated by HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 4 Plan, with which Plan contracts and with which Plan has in effect a Business Associate Agreement consistent with the requirements of the privacy and security regulations implementing HIPAA; provided that any disclosures are permitted by applicable law and consistent with representations made by AHSI, City of Grand Island and Plan. AHSI may accept data in a non-standard format for an additional fee payable to AHSI, as set forth in Exhibit C. AHSI may condition any disclosures of Personal Biometrics Data to City of Grand Island or Plan or other parties upon the receipt of written instructions from City of Grand Island or Plan, as applicable, and representations deemed sufficient by AHSI, in its sole discretion, that such disclosure complies with all applicable law, including but not limited to the privacy and security regulations implementing HIPAA, and consistent with representations made by AHSI, City of Grand Island and Plan. In the event AHSI, City of Grand Island or Plan determines that a requested disclosure requires written consent of the Participant, City of Grand Island or Plan, as applicable, shall be responsible for all costs associated with obtaining such consent(s) as a program fee payable pursuant to Section III above or as otherwise permitted under applicable law, including HIPAA. VI. CONFIDENTIALITY (a) Business Confidentiality. AHSI, City of Grand Island and Plan acknowledge and agree that during the course of the performance of the parties’ respective obligations under this Agreement, AHSI may make available to City of Grand Island or Plan, and City of Grand Island or Plan may make available to AHSI, Confidential Information that is of value to the party disclosing the information. Each party agrees to maintain the confidentiality of the Confidential Information of the other party and not to disclose or disseminate such Confidential Information to third parties. The party receiving Confidential Information agrees to use the same standard of care in maintaining the confidentiality of the Confidential Information as it uses to avoid disclosure of its most sensitive Confidential Information. Nothing in this Section shall preclude a party from disclosing Confidential Information to the extent that the disclosure thereof is required by law. Upon termination or expiration of this Agreement, the parties shall destroy or return all Confidential Information of the other and shall not use any Confidential Information of the other in its business. In the event that a party is required to disclose Confidential Information in response to legal process, the party against whom disclosure is sought shall immediately notify the other party and cooperate with the other party in connection with obtaining a protective order. In the event of a breach or threatened breach by either party of the provisions of this Section VI(a), the other party shall be entitled to seek an injunction restraining the breaching party from the conduct causing such a breach or threatened breach. Nothing herein shall be construed as prohibiting either party from pursuing any other remedies available to that party for such breach or HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 5 threatened breach, including the recovery of damages from the breaching party. This Section shall survive termination or expiration of this Agreement. (b) Protected Health Information. City of Grand Island and Plan represent and warrant that Plan’s plan documents have been amended to include all items required by the privacy and security regulations implementing HIPAA and that Plan and City of Grand Island maintain an “adequate separation” between City of Grand Island and Plan as required by such regulations or that Plan complies with 45 C.F.R. § 164.530(k). Plan shall ensure that all necessary or required consents or authorizations not otherwise obtained by AHSI are obtained from, and all necessary or required notices are sent to, Eligible Persons or Participants regarding the use and disclosure of Protected Health Information as may be necessary, in light of applicable state and federal laws, for both parties to fulfill their obligations under this Agreement. The parties acknowledge that AHSI is a business associate of Plan for purposes of HIPAA, and not a health care provider as defined by HIPAA, and hereby agree to the terms of the Business Associate Addendum attached hereto as Exhibit D. Plan is responsible for assuring its own compliance with the privacy and security regulations implementing HIPAA and is not relying on AHSI for legal or other advice regarding its compliance with HIPAA, its implementing privacy and security regulations, other privacy laws or other applicable laws. VII. EFFECTIVE DATE, TERM, RENEWAL AND TERMINATION (a) Effective Date; Term. This Agreeme nt shall be effective as of the Effective Date and shall continue for three (3) years (the “Initial Term”), unless otherwise terminated pursuant to the terms hereof. (b) Renewal Terms. This Agreement shall automatically renew for additional one (1) year terms after the Initial Term (a “Renewal Term”) on the same terms, conditions and provisions as contained herein, together with any authorized and approved amendments hereto, unless either party gives written notice to the other party of its intent not to renew the Agreement at least ninety (90) days prior to the expiration of the then current term. (c) General Termination Provisions. This Agreement may be terminated as follows: (i) By mutual written consent of the parties; or (ii) Upon thirty (30) days’ written notice in the event that either party declares bankruptcy, becomes insolvent or makes an assignment for the benefit of its creditors. (d) Termination for Material Breach. Either AHSI or City of Grand Island may terminate this Agreement by providing the other party with a minimum of ninety (90) days prior written notice in the event the other party commits a Material HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 6 Breach (as defined below). Said notice must specify the nature of such Material Breach. The breaching party shall have sixty (60) days from the date of receipt of the foregoing notice to cure said Material Breach. In the event the breaching party fails to cure the Material Breach within said sixty (60) day period, this Agreement shall automatically terminate upon expiration of the ninety (90) day notice period. For purposes of this Agreement, the term “Material Breach” shall mean a breach of an essential term of this Agreement, not caused by or contributed to by the aggrieved party. VIII. INDEMNIFICATION (a) AHSI hereby agrees to indemnify and hold harmless City of Grand Island and Plan, their officers, directors, employees, agents and affiliates, from and against any loss, cost, damage, expense or other liability, including without limitation all reasonable costs and attorneys’ fees, actually incurred and finally determined and adjudicated by a court of competent jurisdiction, to have arisen out of, or in connection with, the tortious acts or omissions of AHSI, its officers, directors, employees and agents, in the performance of their obligations under this Agreement. (b) City of Grand Island and Plan agree to indemnify and hold harmless AHSI, its officers, directors, employees, agents, subcontractors and affiliates, from and against any loss, cost, damage, expense or other liability, including without limitation all reasonable costs and attorneys’ fees, actually incurred and finally determined and adjudicated by a court of competent jurisdiction, to have arisen out of or in connection with the tortious acts or omissions of City of Grand Island or Plan, their officers, directors employees and agents, in the performance of their obligations under this Agreement. (c) An indemnitee entitled to indemnification under this Section VIII shall give notice to the indemnitor of a claim or other circumstances likely to give rise to a request for indemnification, promptly after the indemnitee becomes aware of the same. No compromise or settlement of any such claim shall be made without the prior written consent of the indemnitee. (d) AHSI and City of Grand Island agree to make all reasonable efforts, consistent with the advice of counsel and the requirements of applicable insurance policies and carriers, to coordinate the defense of all claims in which both parties are either a named defendant or have a substantial possibility of being a named defendant and have interests that are not in conflict. Each party shall promptly notify the other party of the receipt of any actual or threatened claim relating to this Agreement. HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 7 IX. GENERAL PROVISIONS (a) Amendment. This Agreement may be amended at any time during the term of the Agreement by mutual consent in writing of duly authorized representatives of the parties; provided, however, that any change (including any addition and/or deletion) to any provision or provisions of this Agreement that is required by duly enacted federal or state legislation, or by a regulation or rule finally issued by a regulatory agency pursuant to such legislation, rule or regulation (including, without limitation, any final regulations issued with regard to the ERISA Bona Fide Wellness Program Exception) will be deemed to be part of this Agreement without further action required to be taken by either party to amend this Agreement to effect such change or changes, for as long as such legislation, regulation or rule is in effect, provided that, without limiting the effect of the foregoing, if such amendment adversely affects either party, the parties agree to renegotiate the affected portion of the Agreement in a good faith effort to remedy the adverse effect. (b) Assignment. Neither party may assign this Agreement to a third party without the express written approval of a duly authorized representative of the other party, and any such attempted assignment shall be void; provided, however, that either party expressly reserves the right to assign any and all of its rights hereunder to an affiliate or wholly-owned subsidiary or parent, provided that such party shall notify the other party of any such assignment in writing at least thirty (30) days prior thereto. (c) Applicable Law. This Agreement shall be governed by the laws of the State of Nebraska, without regard to its conflicts of law rules. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and their permitted assigns. (e) Enforceability. In the event any provision of this Agreement is rendered invalid or unenforceable by a federal or state legislative action or judicial decision, the remainder of the provisions of this Agreement shall remain in full force and effect, unless the invalidated or unenforceable provision is material to the overall intent of the Agreement. (f) Entire Agreement. This Agreement, which shall be deemed to include all attachments, amendments, exhibits, addenda and schedules, contains the entire agreement between the parties. Any prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this Agreement and not expressly set forth in this Agreement are of no force or effect. (g) Limitations on Liability. Although this Agreement contemplates services for Eligible Persons, the parties reserve the right to amend or terminate this HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 8 Agreement without notice to, or the consent of, any Eligible Person. No persons or entities other than City of Grand Island, Plan and AHSI are intended to be, or are in fact, beneficiaries of this Agreement, and the existence of the Agreement shall not in any respect whatsoever increase the rights of any Eligible Person or other third party, or create any rights on beha lf of any Eligible Person or other third party vis-a-vis any of the parties. (h) Corporate Authority. City of Grand Island represents and warrants to AHSI that it has the corporate power and corporate authority to execute this Agreement, and that this Agreement, when executed, will be a valid and binding obligation of City of Grand Island and Plan, enforceable in accordance with its terms. AHSI represents and warrants to City of Grand Island and Plan that it has the corporate power and corporate authority to execute this Agreement and that this Agreement, when executed, will be a valid and binding obligation of AHSI, enforceable in accordance with its terms. (i) Liability Insurance Coverage. Each party agrees to maintain, at its own expense, adequate liability insurance coverage, comprehensive general liability and worker’s compensation insurance. (j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together comprise one and the same instrument. (k) Attorneys’ Fees; Enforcement Costs. If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs and other reasonable expenses incurred in connection with maintaining or defending such proceeding, in addition to any other relief to which such party or parties may be entitled. (l) Waiver of Breach. The waiver by a party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision hereof by that party. (m) Force Majeure. Either party shall be excused from the performance of any of its obligations hereunder and such party’s nonperformance shall not be a default or grounds for termination of this Agreement to the extent that such party is prevented, hindered or delayed from performing any of its obligations, in whole or in part, as a result of an act of God, war, terrorism, bio-terrorism, epidemic, civil disturbance, court order, regulatory order, labor dispute or other cause beyond that party’s control. X. NOTICES HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 9 Any notice required to be given pursuant to the terms and provis ions of this Agreement shall be in writing, postage prepaid, and shall be sent (by certified or registered mail, return receipt requested, or by federal express or other overnight mail delivery for which evidence of delivery is obtained by the sender) to the address or addresses set forth below unless the sender has been otherwise instructed in writing or unless otherwise provided by law. The notice shall be deemed to be effective on the date indicated on the return receipt or, if no date is so indicated, then on the date of the notice. To AHSI: American Healthways Services, Inc. c/o Healthways, Inc. 701 Cool Springs Boulevard Franklin, TN 37067 Attn: President and COO To City of Grand Island and Plan: City of Grand Island ____________________ ____________________ Attn: HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Page 10 IN WITNESS WHEREOF, by placing their duly authorized signatures below, the parties hereby execute this Agreement as of the Effective Date and agree to be bound by its terms. CITY OF GRAND ISLAND signing on behalf of City of Grand Island and Plan By: ___________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ AMERICAN HEALTHWAYS SERVICES, INC. By: ___________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ 2603420 HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit A – Page 1 EXHIBIT A DEFINITIONS 1. Census File means the file containing the data to be provided to AHSI for each Eligible Person pursuant to Appendix 1 of Exhibit B. 2. Confidential Information shall mean any and all information, know-how and data, technical or non-technical, whether written, graphic or oral, furnished by either party or on its behalf, to the other, that is confidential and proprietary or is treated as such by the disclosing party, and shall include, without limitation: financial information; pricing information; trade secrets; proprietary software and intellectual property; customer information; benefit design concepts; research and technical information; business and operational policies, processes, procedures, and strategies; business plans; and systems design and operating specifications. Confidential Information shall not include the following: (a) Information that is lawfully now in the public domain or subsequently enters the public domain through no fault of the receiving party; (b) Information that is presently known or becomes known to the other party from its own independent sources as evidenced by its written records; (c) Information that is lawfully received from any third party not under any obligation to keep such information confidential; (d) Information independently developed by or for a party hereto by persons who did not access Confidential Information disclosed by the other party under this Agreement; (e) Information that is required by securities laws or exchange listing requirements to be disclosed by the receiving party; or (f) Information which is required by law, regulation, rule, act or order of any governmental authority or agency to be disclosed by the receiving party; provided however, that such receiving party gives the other party hereto sufficient advance written notice to permit it to seek a protective order or other similar order with respect to such Confidential Information and thereafter discloses only the information required to be disclosed in order to comply. 3. Eligible Person means an employee of City of Grand Island or, as applicable, the spouse, or dependent over the age of 18 of such employee, who is enrolled in Plan and permitted by Plan to participate in the Biometrics Program and is included on the Census File. Individuals who are enrollees of Plan but who are not permitted by Plan to participate in HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit A – Page 2 the Biometrics Program are not considered “Eligible Persons” as defined herein and should not be included in the Census File. Neither City of Grand Island nor Plan shall restrict the eligibility of Plan enrollees to participate in the Biometrics Program unless such eligibility restriction is based on an employment-based classification permitted under the Wellness Program Exception. 4. Well Being Assessment (WBA) means AHSI proprietary questionnaire which is available to Eligible Persons through AHSI web portal, and available as a printed form provided by AHSI to Plan and distributed to Eligible Persons by Plan, directly or through City of Grand Island employees providing plan administrative services to Plan. 5. Health Screen means a health screen of an Eligible Person pursua nt to the Biometrics Program that is provided by AHSI and which involves the collection of a blood sample via venipuncture and a biometric examination that includes measurement of the Eligible Person’s blood pressure, weight, height, and other vital statistics. 6. Health Screening Event means the designated place, date, and times arranged by AHSI and City of Grand Island or Plan, at which Health Screens are provided to an Eligible Persons by the examiner(s) pursuant to the Biometrics program. 7. Health Screening Schedule means the schedule providing the dates and times, Health Screening Sites, and number of Eligible Persons scheduled for each Health Screening Event. 8. Health Screening Site means a City of Grand Island work site or other location mutually acceptable to AHSI and City of Grand Island or Plan, as applicable, where a Health Screen is administered. 9. Incentive-Eligible Participant means a Participant who qualifies under Plan’s Incentive Program as described in Exhibit B to receive a financial incentive from City of Grand Island or Plan, as applicable. 10. Incentive-Ineligible Participant means a Participant who does not qualify to receive an incentive under the Incentive Program. 11. Incentive Program means a health and wellness incentive program, as described in Exhibit B, offered by Plan, or offered by City of Grand Island through Plan, whereby certain Participants may be eligible to receive a discount in their health care premium payments, or receive other similar incentive compensation permitted by law. 12. Personal Health Report means the customized personal health report described in Exhibit B prepared by AHSI for each Participant who has completed all of the following: (a) a Health Screen, from which the blood test results and biometric measurements shall have been submitted to AHSI with sufficient identifying data to permit AHSI to match such data accurately to the Participant, (b) a WBA, which shall have been submitted to AHSI with sufficient identifying data to permit AHSI to match accurately the WBA to the HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit A – Page 3 Participant, and (c) all consent forms required by AHSI and Plan in connection with participation in the Biometrics Program, which consent forms shall have been submitted to AHSI. City of Grand Island and Plan, if applicable, acknowledge that AHSI cannot prepare a Personal Health Report (including a Biometrics Score) for any Participant who has completed some, but not all, of the foregoing requirements. 13. Biometrics Program means AHSI proprietary program for providing health risk management and population health screening and support services for employer- sponsored group health plans as described in Exhibit B. 14. Biometrics Score means the score between 0 and 100 that is assigned to each Participant in the Participant’s Biometrics Personal Health Report using AHSI proprietary health risk assessment system, and which is based on the results of the Participant’s Health Screen. 15. Off-Line Participant means a Participant who receives a paper version by standard mail of the Personal Health Report. 16. Participant means an Eligible Person who is scheduled for a Health Screen at least ten (10) days prior to the Health Screening Event, or an Eligible Person not scheduled at least ten days prior to a Health Screening Event and under goes a Health Screen. 17. Patient Compliance Certification (PCC) means a specific form provided by AHSI to Plan for distribution to Eligible Persons. For purposes of the Incentive Program, a PCC signed by an Eligible Person’s physician and returned to AHSI shall serve as a substitute for such Participant’s attainment of any Biometrics Score that is required for the Participant to be Incentive-Eligible. In the event PCC is a substitute for participation, the form shall be returned to AHSI within thirty (30) days of receipt of the Biometrics Personal Health Report. 18. Personal Data means (i) the contents of any Participant’s WBA; (ii) the results of any Participant’s Health Screen; (iii) the Participant’s Biometrics Score; (iv) the reason that any Participant is Incentive-Eligible (whether because of the Biometrics Score, score improvement, or PCC); (v) the reason that any Participant is Incentive-Ineligible (whether because of a failure to improve the Biometrics Score or non-participation); and (vi) any other information considered to be Protected Health Information. 19. Program Fee means those fees owed and payable by City of Grand Island or Plan, as applicable, to AHSI, as described in Exhibit C of this Agreement. HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit B – Page 1 EXHIBIT B BIOMETRICS PROGRAM 1. AHSI Protocol for the Biometrics Program (a) Incentive Design If requested, AHSI will assist Plan in the development of an Incentive Program to encourage participation by Eligible Persons and reduce health risks. Incentives may include a health insurance premium employee contribution discount or other financial incentive as determined by Plan and communicated to AHSI. AHSI recommends that each Participant who receives a Biometrics Personal Health Report, regardless of his or her Biometrics Score or satisfies a qualified alternative standard under the Wellness Program Exception, shall be Incentive- Eligible in the first year that he or she participates in the Biometrics Program. After the first year of participation, AHSI Recommends that each Participant who receives a Biometrics Personal Health Report shall be Incentive-Eligible for such year if he/she also: 1. Attains a Biometrics Score for such year greater than 70; or 2. Improves his or her Biometrics Score by five (5) or more points compared to the previous year; or 3. Participates in a Plan-sanctioned intervention program; or 4. Satisfies a qualified alternative standard under the Wellness Program exception, such as submission of a PCC signed by such Participant’s physician. (b) General Communication Information Communication with Eligible Persons in the implementation of the Biometrics Program shall be provided by AHSI or by Plan, as applicable, using standard mail, e-mail, and/or through website communications. Written (both electronic and paper) communication is dependent upon AHSI having a valid residential address or email address for the Eligible Person. AHSI may contact Participants to inform them about other wellness programs and related resources that may be appropriate for and relevant to Participants. (c) Introduction to Eligible Persons HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit B – Page 2 Introduc tion of the Biometrics Program to Eligible Persons shall be provided by Plan in a form mutually agreeable to City of Grand Island or Plan, as applicable, and AHSI. (d) Health Screen AHSI shall provide, or arrange to provide, the examiners and blood collectio n kits necessary to conduct Health Screens for Eligible Persons at a Health Screening Site on such dates and times as shall be mutually acceptable to AHSI and City of Grand Island or Plan, as applicable. Once the location, date and time of each Health Screen has been determined, and notice of the location of the Health Screening Site timely provided to AHSI by City of Grand Island or Plan, as applicable, the scheduling of Eligible Persons for Health Screens at such event shall be the primary responsibility of Plan. For efficiency, Plan shall schedule at least ten (10) Eligible Persons with an average of five (5) Eligible Persons scheduled per examiner per hour. City of Grand Island or Plan, as applicable, shall provide the Health Screening Schedule to AHSI at least twenty (20) business days before the date of the Health Screening Event. Such Schedule shall include the number of each Eligible Persons and the date(s) and the beginning and end time for each Health Screening Event. Each Eligible Person must sign and submit to AHSI a written consent, in form and content acceptable to AHSI, before the Health Screen can be performed. For sites with less than ten (10) Eligible Persons, Individual Screenings will be conducted. (e) Health Risk Assessment Each Eligible Person will be provided with access to the WBA on an annual basis either in printed form (copies of which shall be provided by AHSI to Plan for distribution to Eligible Persons who do not wish to complete the WBA on-line) or in an electronic format through AHSI’s secure web portal. (f) Biometrics Report and Biometrics Score for Participants Following the completion by a Participant of all of the requirements necessary for AHSI to prepare a Biometrics Personal Health Report for such Participant (as specified in the definition of “Biometrics Personal Health Report” in Exhibit A), AHSI will deliver a Personal Health Report to such Participant, including his/her Biometrics Score, lab test results and risk-specific educational materials based. AHSI may deliver Reports to Off-Line Participants by standard mail (if defined as an Off-Line Participant) or through secure website access. (g) Participant Website Access Participants will have access to a secure personalized web portal to complete WBAs on-line, view their Personal Health Report, receive educational materials, HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit B – Page 3 and access links to websites for further clinical content. Participants using the website for Program communication will receive e-mail notification of updates to their web page that includes a password protected log-in screen. (h) Hotline A toll-free telephone number and e-mail communication through the website is available to Eligible Persons and Participants to provide technical assistance in accessing the Program website and to provide general information regarding the Biometrics Program. The toll-free telephone service and e-mail account is monitored by AHSI Monday through Friday from 8 a.m. to 5 p.m. Central time. (i) Quarterly Educational Materials and Reminders Educational materials will be provided on-line by AHSI on a quarterly basis to Participants who have received their Personal Health Report on-line. (j) Cooperation with Third Parties AHSI will cooperate with Plan with regard to making selected Personal Data available to other providers of healthcare related services and employee assistance programs designated by Plan as set forth in Section V of this Agreement. Nothing in this Exhibit B shall require AHSI to change its existing data fields. (k) Liaison AHSI will designate one or more representatives of AHSI who will serve as a liaison to Plan and who will be available during normal business hours to respond to inquiries from Plan. 2. Reporting (a) Aggregate Date Report Provided there are at least one hundred (100) Participants in a contract year, AHSI will provide Plan (directly or to City of Grand Island employees providing plan administrative services to Plan) with one (1) annual Aggregate Data Report of Plan’s Program Data in a manner consistent with the requirements of Section VI(b) and Exhibit D of this Agreement. The Aggregate Data Report may include such items as the following: § Participation rates § Population summary of WBA data § Demographics § Current conditions HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit B – Page 4 § Self-health responses and biometrics (if worksite medical screening completed) § Preventive health practices § Emotional health status for stress and depression § Prevalence of chronic conditions and risk factors § Annual summaries of coaching adherence and movement by stage of change (b) Incentive Eligibility Report For Plans utilizing an incentive program, an incentive eligibility file will be provided which will include (i) the number of Participants; (ii) the names of Incentive-Eligible Participants; and (iii) the names of Incentive-Ineligible Participants. (c) Additional Aggregate Reports Additional Aggregate Reports will be provided for an additional fee payable to AHSI (refer to Exhibit C for Fees). Provided the locations are included and defined upon submission of the Census File, a three tiered reporting structure can be provided. 3. Services Modification AHSI reserves the right to make modifications to the services outlined above for the express purpose of continuously improving the effectiveness and/or efficiency of the programs. AHSI will notify Plan in advance of any material modifications. AHSI will not make any material modifications to the services outlined above as a purely cost saving measure. 4. Internet Security City of Grand Island and Plan acknowledge that the first time an Eligible Person accesses the personal web portal, the Eligible Person will be presented with a user agreement requesting that the Eligible Person agree to the terms and conditions governing use of the personal web portal. City of Grand Island and Plan agree that neither will describe, discuss or promote the web portal to Eligible Persons in any way that is inconsistent with, or would add to, the terms and conditions of use set forth on the web portal. 5. Terms of Use The use of the web portal by City of Grand Island or Plan or Eligible Persons is subject to the terms and conditions of use located on the web portal, which are incorporated herein by this reference. The terms and conditions of use on the web portal shall control over any conflicting terms herein or made by any party, whether oral or written or referenced herein. HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit B – Page 5 APPENDIX 1 DATA TO BE SUPPLIED TO AHSI BY PLAN No later than sixty (60) days before the first Health Screening Event, Plan shall provide AHSI with the Census File containing the following data for each Eligible Person via a mutually agreeable secure file transfer method. Resubmissions of the Census File by the Plan due to City of Grand Island errors or omissions shall be accepted by AHSI and are subject to additional fees per file transfer (Exhibit C). Any errors or omissions not caused by the City of Grand Island shall be the sole responsibility of AHSI. City of Grand Island Name Employee or Dependent Status Employee Work Site Employee code First name Middle name Last name Gender Date of birth Email address Address 1 Address 2 City State Zip code Telephone HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit C – Page 1 EXHIBIT C FEES 1. Program Fee The Program Fee for each Participant shall be One Hundred and Ten Dollars ($110.00) per Participant per year for Participants at Health Screening Events with twenty-one (21) or more Participants. The number of Participants for which the Program Fee is due shall be the greater of (a) the number of Participants actually screened or (b) the number of Participants on the Health Screening Schedule provided to AHS I ten (10) days prior to such Health Screening Event. All Health Screening Events must have twenty-one (21) or more Participants. 2. Off-Line Participant Fulfillment Fee The Off-Line Fulfillment Fee shall be Eighteen and 25/100 Dollars ($18.25) per Off-Line Participant. 3. Site Coordination Fee The Site Coordination Fee shall be One Hundred and Fifty Dollars ($150.00) per Health Screening Site. Further, the fee for each pipe and drape set shall be Forty Dollars ($40). 4. Annual Fee Increase All fees herein may increase by up to three percent (3%) on each anniversary of the Effective Date of this Agreement. 5. Fee Increase In the event that it becomes economically infeasible for AHSI to provide the Biometrics Program for the amount of the fees herein, AHSI may propose new fees for the upcoming year to City of Grand Island for its approval at least ninety (90) days prior to the anniversary of the Effective Date of this Agreement. In the event City of Grand Island does not agree to such fee increase, this Agreement shall automatically terminate at AHSI’s option as of the end of the current contract year and AHSI shall be relieved of its obligation to provide the Biometrics Program for the remainder of the term of this Agreement. 6. Miscellaneous Data and Reporting Fees Census File Re-submissions $500 per submission The Census File Re-submission fee will be payable by City of Grand Island to AHSI for each re-submission of a Census File that causes AHSI to repeat all or a part of its account HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit C – Page 2 set-up process, if such re-submission is necessary due to actions of the City of Grand Island. Additional Aggregate Data Reports $250 per report Standard Data Transfer $500 Custom Data Transfer $500 + $150 per hour for Design Work 7. Screening Cancellation Fee City of Grand Island or Plan shall pay Fifty Dollars ($50.00) per scheduled Participant for any Health Screening Event that is cancelled by City of Grand Island or Plan less than or equal to ten (10) days prior to the confirmed Health Screening Event. 8. Customization Fee Participants will be able to access biometric screening results as well as complete the WBA via the website. Note that the fees listed above provide for the standard website; customization of the site, including single sign on capabilities, beyond that agreed upon in the contract, will be charged at $150 per hour based on a mutually agreed upon scope of work. HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit D – Page 1 EXHIBIT D BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum (the “Addendum”) supplements that certain Health Screening and Support Services Agreement (the “Agreement”) by and between City of Grand Island (“Company”) and American Healthways Services, Inc. (“Healthways”). To the extent that there are any inconsistencies between this Addendum and the Agreement, this Addendum shall govern. Company and Healthways agree that the parties incorporate this Addendum into the Agreement in order to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (“ARRA”) and their implementing regulations set forth at 45 CFR Parts 160 and 164 (the “Privacy and Security Rule”). To the extent Healthways is acting as a Business Associate of Company pursuant to the Agreement, the provisions of this Addendum shall apply and Associate shall be subject to the penalty provisions as specified by ARRA (42 USC §§ 17931(c), 17934(c)). 1. Defined Terms. Unless otherwise indicated in this Addendum, all capitalized terms shall have the meanings provided in Applicable Privacy Law from time to time. “Applicable Privacy Law” refers collectively to HIPAA, ARRA the Privacy and Security Rule and any other state or federal laws or regulations relating to the confidentiality of health information. “PHI” means Protected Health Information created or received by Healthways from Company or on Company’s behalf. 2. Use and Disclosure of PHI. Healthways shall not use or disclose PHI except as Required By Law or as permitted or required by this Addendum. Healthways will not sell PHI or use or disclose PHI for purposes of marketing or fundraising, as defined and proscribed in the Privacy and Security Rule and ARRA. Healthways may: (i) use and disclose PHI for purposes of providing services to Company and fulfilling its obligations under the Agreement and for purposes of providing Health Care Operations on behalf of Company, provided that such use or disclosure would not violate Applicable Privacy Law if done by; (ii) use PHI for the proper management and administration of Healthways and to carry out the legal responsibilities of Healthways; (iii) disclose PHI for the purposes described in (ii) above, if Required By Law or if Healthways obtains reasonable assurances from the recipient of such information that the PHI will be kept confidential and only used or further disclosed if Required By Law or for purposes described in (ii) above and that the recipient will notify Healthways of any instances of which it is aware in which the confidentiality of the information has been breached; (iv) use PHI to provide Data Aggregation services relating to the Health Care Operations of Company; (v) use or disclose PHI as otherwise requested by Company, provided that such use or disclosure would not violate Applicable Privacy Law if done by Company; and (vi) use PHI to create information that is de-identified in accordance with 45 CFR §164.514. In the event Company notifies Healthways of a restriction request that would restrict a use or disclosure otherwise permitted by this Agreement, Healthways shall comply with the terms of the restriction request. HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit D – Page 2 3. Minimum Necessary. Healthways represents that the PHI requested, used or disclosed by Healthways shall be the minimum amount necessary to carry out the purposes of the Agreement. Healthways will limit its uses and disclosures of, and requests for, PHI (i) when practical, to the information making up a Limited Data Set; and (ii) in all other cases subject to the requirements of 45 CFR §164.502(b), to the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure or request. 4. Safeguards; Security. Healthways shall maintain appropriate safeguards to prevent the use or disclosure of PHI other than as provided herein. Healthways agrees to implement administrative, technical and physical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI in compliance with the Privacy and Security Rule. 5. Reporting. To the extent known to or discovered by Healthways, Healthways shall report to Company any use or disclosure of PHI in violation of this Addendum, any Security Incident involving electronic PHI and any Breach of Unsecured Protected Health Information involving PHI. The Parties acknowledge and agree that this section constitutes notice by Healthways to Company of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents (as defined below) for which no additional notice to Company shall be required. “Unsuccessful Security Inc idents” shall include, but not be limited to, pings and other broadcast attacks on Healthways’ firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of electronic PHI. All reports of Breaches shall be made in compliance with 45 CFR §164.410. 6. Downstream Contracts. Prior to disclosing PHI to any agent (including subcontractors) of Healthways (collectively “BA Subcontractors”), Healthways shall ensure that BA Subcontractors agree to the same or similar restrictions and conditions as those contained herein with respect to PHI. 7. Access and Amendment. Healthways shall permit Company or, at Company’s request, an Individual (or the Individual’s personal representative) to inspect and obtain copies of any PHI about the Individual that is maintained by Healthways in a Designated Record Set. Healthways will, upon receipt of notice from Company, promptly amend any portion of PHI so that Company may meet its amendment obligations under 45 CFR §164.524. 8. Accounting. Except for disclosures excluded from the accounting obligation by the Privacy and Security Rule and regulations issued pursuant to ARRA, Healthways will record for each disclosure that Healthways makes of PHI the information necessary for Company to make an accounting of disclosures pursuant to the Privacy and Security Rule. Healthways will make this information available to Company promptly upon Company’s request for the period requested, but for no longer than the six (6) years preceding Company’s request for the information (except Healthways need not have any information for disclosures occurring before the effective date of this Addendum or with respect to disclosures required to be recorded by ARRA, the effective date of the ARRA regulations with respect to Company). HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit D – Page 3 9. Access to Books and Records. Healthways shall make available to the Secretary of the U.S. Department of Health and Human Services (“HHS”), upon request, Healthways’ internal practices, books and records relating to the use or disclosure of PHI created or received for or from Company for purposes of determining compliance with the Privacy and Security Rule. 10. Return/Destruction of PHI. Upon termination or expiration of this Addendum for any reason, Healthways will, if feasible, destroy, de-identify (in accordance with 45 CFR §164.514), or return to Company all PHI that Healthways has or maintains in any form (including copies of such PHI). To the extent it is not feasible for Healthways to return, de-identify or destroy all PHI, Healthways shall extend the protections of this Addendum to such PHI and limit its further use and disclosure to those purposes that make return, de-identification or destruction of such PHI infeasible, for so long as Healthways maintains such PHI. 11. Term/Termination. This Addendum shall be effective as of the effective date of the Agreement and shall remain in effect until termination of the Agreement. Either party may terminate this Addendum and the Agreement effective immediately if it determines that the other party has breached a material provision of this Addendum and failed to cure such breach within thirty (30) days of being notified by the other party of the breach. If termination is not feasible, the non-breaching party shall report the breach to HHS. Upon termination of this Addendum for any reason, all of Healthways’ obligations under this Addendum shall survive termination and remain in effect (a) until Healthways has completed the return or destruction of PHI as required by this Section and (b) to the extent Healthways retains any PHI pursuant to this Section. 12. Obligations of Company. Company shall (i) provide Healthways with a copy of the notice of privacy practices that Company produces pursuant to 45 CFR § 164.520 and with copies of any material changes to such notice; (ii) notify Healthways of any changes in, or revocation of, permission by an Individual to use or disclose PHI, if such changes affect Healthways’s permitted or required uses or disclosures; (iii) notify Healthways of any confidential communication request or restriction to the use or disclosure of PHI affecting Healthways that Company has agreed to in accordance with 45 CFR §164.522; and (iv) not request Healthways to use or disclose PHI in any manner that would not be permissible under Applicable Privacy Law if done by Company, except that Healthways may use or disclose PHI as described in Section 2 hereof. 13. Changes In Law. To the extent there are material changes to Applicable Privacy Law following the date this Addendum is executed (including state law not preempted by HIPAA), the Parties agree to meet and confer in good faith about amending this Addendum and/or the Agreement as reasonably necessary to be in compliance with such Applicable Privacy Law. 14. Miscellaneous. Any ambiguity in this Addendum shall be resolved to permit the Parties to comply with Applicable Privacy Law. Nothing in this Addendum shall be construed to create any rights or remedies in any third parties or any agency relationship between the parties. A reference in this Addendum to a section in the Privacy and Security Rule means the section as in effect or as amended. HEALTH SCREENING AND SUPPORT SERVICES AGREEMENT Population Health Support, LLC Exhibit D – Page 4 Approved as to Form ¤ ___________ July 9, 2010 ¤ City Attorney R E S O L U T I O N 2010-186 WHEREAS, the City of Grand Island advertised a request for proposal for its wellness plan; and WHEREAS, the City received and reviewed proposals from vendors; and WHEREAS, American Healthways Services, Inc. is the vendor recommended to provide services for the wellness plan; and WHEREAS, the proposed contract is for $110 per participant with a guarantee of no more than a 3% increase per year for the contract duration of three years and a site set up fee of $150 per location; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve a contract with American Healthways Services, Inc. for the City’s wellness plan. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2010-187 - Consideration of Request from La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A for a Class "I" Liquor License and Liquor Manger Designation for Alberto Baldovinos, 235 North Custer Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-187 WHEREAS, an application was filed by La Cabana LLC doing business as La Cabana, 1201 South Locust Street, Suite A for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on July 3, 2010; such publication cost being $15.18; and WHEREAS, a public hearing was held on July 13, 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 Alberto Baldovinos, 235 North Custer Street as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2010-188 - Consideration of Request from Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street for a Class "D" Liquor License and Liquor Manager Designation for Mohammad Kalam, 2307 West 1st Street This item relates to the aforementioned Public Hearing Item E-2. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-188 WHEREAS, an application was filed by Lily, Inc. doing business as Conoco One Stop, 2105 West 2nd Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on July 3, 2010; such publication cost being $16.52; and WHEREAS, a public hearing was held on July 13, 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 Mohammad Kalam, 2307 West 1st Street as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2010-189 - Consideration of Request from Doc & Fritz’s Shady Bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30 for a Class "C" Liquor License and Liquor Manager Designation for Craig Woodward, 819 Stockyards Lane This item relates to the aforementioned Public Hearing Item E-3. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-189 WHEREAS, an application was filed by Doc & Fritz’s Shady Bend LLC doing business as Doc & Fritz’s Shady Bend, 3409 East Highway 30 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 July 3, 2010; such publication cost being $15.18; and WHEREAS, a public hearing was held on July 13, 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 Craig Woodward, 819 Stockyards Lane as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2010-190 - Consideration of Amending the IAFF Contract Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Troy Hughes City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: July 13, 2010 Subject: Approving Amending IAFF Contract Item #’s: I-4 Presenter(s): Jeff Pederson, City Administrator Background The current Agreement between the City of Grand Island and Local 647 of the IAFF expires September 30 of this year. Negotiations for a new Agreement would typically begin months prior to the expiration. The 2010-2011 Proposed Budget has been prepared in anticipation of some expense increase associated with potential changes to the Agreement. Discussion The City was approached by the IAFF several weeks ago with an interest in extending the current Agreement by one year. Discussions took place regarding the impact that the 2010/2011 budget reduction wo uld have on staffing levels, and the prospect for position retention should the current Agreement be extended at current terms for wages and benefits. Included in the discussion was an interest expressed by the IAFF in discussing the prospect of a sick leave incentive plan. Subsequent to those discussions, Local 647 of the IAFF has voted to agree to a one-year extension of the current Labor Agreement under present terms and conditions with the further understanding that sick leave incentive would be an item for negotiation for the next Agreement. I recommend that the City Council approve this addendum, as it would give the City the ability to retain current positions in the Fire Department through FY 2010/2011. 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 addendum to the IAFF contract. Sample Motion Move to approve the addendum to the IAFF contract. Approved as to Form ¤ ___________ July 9, 2010 ¤ City Attorney R E S O L U T I O N 2010-190 WHEREAS, the City of Grand Island and Local No. 647, International Association of Fire Fighters, AFL-CIO have previously entered into a Labor Agreement which became effective on October 1, 2007 and will continue through September 30, 2010; and WHEREAS, it is the desire of both parties to extend the Agreement through September 30, 2011 under the same terms and conditions; and WHEREAS, both parties agree that a sick leave incentive plan will be an item to be included in the negotiations for a new Agreement to follow the term of the Amended Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Addendum #1 to the Labor Agreement (“Agreement”) between the City of Grand Island and Local No. 647, International Association of Fire Fighters, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of June 23, 2010 through July 13, 2010 The Claims for the period of June 23, 2010 through July 13, 2010 for a total amount of $3,729,103.11. A MOTION is in order. Tuesday, July 13, 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 June 23, 2010 through July 13, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of June 23, 2010 through July 13, 2010 for the following requisitions. #21 $6,184.24 A MOTION is in order. Tuesday, July 13, 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 June 23, 2010 through July 13, 2010 for the State Fair Recreation Building The Claims for the Period of June 23, 2010 through July 13, 2010 for the State Fair Recreational Building for the following requisitions: #22 $2,666.47 #23 $ 117.05 TOTAL: $2,783.52 A MOTION is in order. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X1 Discussion Concerning FOP, IBEW - Service/Clerical and AFSCME Contractual Issues The City Council may vote to go into Executive Session as required by State law to discuss FOP, IBEW - Service/Clerical, and AFSCME contractual issues for the protection of the public interest. Tuesday, July 13, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council