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08-24-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 24, 2010 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Larry Cornelius, Senior Engineering Technician with the Public Works Department for 40 Years of Service with the City of Grand Island The Mayor and City Council will recognize Larry Cornelius, Sr. Engineering Technician with the Public Works Department for 40 Years of Service with the City of Grand Island. Mr. Cornelius was hired on August 25, 1970 as an Engineering Aide 1; was promoted to Engineering Aide II on February 1, 1973; Engineering Aide III on May 1, 1975; Engineering Aide IV on July 14, 1980 and to his current position of Sr. Engineering Technician on November 1, 1992. We congratulate Mr. Cornelius for his dedication and service to the City of Grand Island. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Proclamation "Life Insurance Awareness Month" September 2010 Roughly 70 million adult Americans have no life insurance and during times like these when so many families continue to struggle, life insurance coverage is more important than ever. The life insurance industry pays roughly $60 billion to beneficiaries each year, providing a tremendous source of financial relief and security to families that experience the loss of a loved one. Mayor Hornady has proclaimed the month of September, 2010 as "Life Insurance Awareness Month". See attached PROCLAMATION. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing on Request from Q-Mex GI, LLC dba Qdoba, 1010 Diers Avenue, Suite 1 for a Class “I” Liquor License Tuesday, August 24, 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: August 24, 2010 Subject: Public Hearing on Request from Q-Mex GI, LLC dba Qdoba, 1010 Diers Avenue, Suite 1 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 Q-Mex GI, LLC dba Qdoba, 1010 Diers Avenue, Suite 1 has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol, 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 Bonnie Westfall, 2003 West Division Street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Q-Mex GI, LLC dba Qdoba, 1010 Diers Avenue, Suite 1 for a Class “I” Liquor License contingent upon final inspections and Liquor Manager designation for Bonnie Westfall, 2003 West Division Street contingent upon Ms. Westfall completing a state approved alcohol server/seller training program. I D A ICI C D I BI D B CC I A IC Webb Rd NDiers Ave N13th St W State St W US Highway 281 NAllen DrFaidley Ave W Kennedy DrSagewood AveStonewood AveSummerfield Ave17th St W 16th St W 15th St W 14th St W 18th St W Frostfire Ave Westside St Piper StJohnson DrAspen CirNorth Front St WWindridge AveWilmar AveKaufman Ave Overland DrRidgewood AveDeerwood Ave Weis DrWarbler CirDixie Sq Memphis PlCedar Ridge CtStarwood Ave Warbler Rd Ebony LnMagnolia Ct Arlington Cir Kennedy Cir Richmond Cir Concord Ave Kennedy Way Faidley PlSunwood Ave Faidley CtIronwood Ave US Highway 281 NNew Liquor Application1010 Diers Ave Legend Liquor License Locations 1,500ft Buffer from Applicant Item E2 Public Hearing on Request from Nickie J. Kallos, Jr. dba Nickie’s Lounge, 106-108 East 3rd Street for a Class “C” Liquor License Tuesday, August 24, 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: August 24, 2010 Subject: Public Hearing on Request from Nickie J. Kallos, Jr. dba Nickie’s Lounge, 106-108 East 3rd Street for a Class “C” 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 Nickie J. Kallos, Jr. dba Nickie’s Lounge, 106-108 East 3rd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Mr. Kallos has previously owned Club 69 located at this same address. The City Council required Mr. Kallos to file a long form renewal application. The application came before Council on December 15, 2009 and was denied by Council and forwarded to the Liquor Control Commission (LCC). The LCC upheld the decision of the City Council and Mr. Kallos closed Club 69. The Police Department report (see attached) recommends Council deny this application based on the Nebraska Liquor Control Act Section 53-125 (2) a person who is not of good character and reputation in the community in which he or she resides based on the following: 1. The owner, Mr. Kallos, has not demonstrated in the past that he is fit, willing and able to properly provide the service proposed within the City. 2. The owner, Mr. Kallos has not demonstrated in the past the type of management and control in owning the licensed premise to be sufficient to insure that the licensed business conforms to the provisions and requirements of the license. 3. There are multiple on sale liquor establishments in this area. 4. The Grand Island Police Department frequently lacks adequate resources to police Nickie’s Lounge and respond to the calls for service. 5. The Nickie’s Lounge liquor license is not consistent with the public interest. 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 the application. Sample Motion Move to deny the application of Nickie J. Kallos, Jr. dba Nickie’s Lounge, 106-108 East 3rd Street for a Class “C” Liquor License based on the following: 1. Not of good character and reputation in the community – Nebraska Liquor Control Rules and Regulations Section 53-125 (2) based on the following: · The owner, Mr. Kallos, has not demonstrated in the past that he is fit, willing and able to properly provide the service proposed within the City. · The owner, Mr. Kallos in the past has not demonstrated the type of management and control in owning the licensed premise to be sufficient to insure that the licensed business conforms to the provisions and requirements of the license. · There are multiple on sale liquor establishments in this area of Grand Island. · The Grand Island Police Department frequently lacks adequate resources to police Nickie’s Lounge and respond to the calls for service. · A Liquor License for Nickie’s Lounge is not consistent with the public interest. C C DC C B CCBIC CCDCCDC CCC C CB C CI C BC Pin e St N O ak St N4th St EElm St NWaln ut St N 2nd St W 3rd St W Vin e St S Oak St S4th St W S yca m ore St N 5th St W Vin e St N L o cu st St N Elm St SKoenig St W6th St W Charles St W Division St W7th St W E d dy St N Locust St S5th St EPlum St SWh eeler A v e N 8th St W B eal St Louise St W E d d y St S 1st St E9th St W 8th St E10th St ESt P a ul R d Clark St S 2nd St E7th St ECle b urn St S 3rd St EC e d ar St N Bismark Rd EJohn St W10th St W C ed ar St S11th St W Ashton Ave E Pine St S11th St EKimball Ave SDivision St EYund StKoenig St E12th St W Lincoln A v e S Waln ut St S Oklahoma Ave ESycamore St SM ark et St Clark St N 1st St WNorth Front St W Anna St W L a m b ert St6th St EWa s hin gto n St S Charles St E Cleb urn St N South Front St EPlum RdHansen St Plu m St N12th St EU P R R D riv e9th St ELin c oln A v e N US Highway 30 E M e m o ria l D rSouth Front St W Kim b all A v e N Meves Ave G ree n wich St S A d a m s St S G re e n wic h St N Groff S t Schuff St C herry St S Ashton Ave W G ree n wich St S Plu m St N7th St E7th St EUS H ighway 30 E C ed ar St N Lo c ust St N 8th St EClark St N South Front St W C e d ar St N Cle b urn St N Vi n e St S5th St E1st St W 6th St EPine St S6th St EKoenig St E Oak St SW h e eler A ve N9th St EKi m b all A ve N New Liquor Application106 E 3rd St Legend Liquor License Locations 1,500ft Buffer from Applicant Item E3 Public Hearing Concerning Acquisition of Utility Easement - Veterans Athletic Complex - 2820 Broadwell Avenue - State of Nebraska Tuesday, August 24, 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: August 24, 2010 Subject: Acquisition of Utility Easement – State of Nebraska – Veterans Athletic Complex – 2820 Broadwell Avenue Item #’s: E-3 & 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 an easement relative to the property of the State of Nebraska, Department of Administrative Services, located at 2820 Broadwell Avenue (Veterans Athletic Complex), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and water mains. Discussion This easement will be used to place primary underground conduit, cable, and transformers. It will also be used to place a water main to provide potable water and fire protection to the new athletic complex being developed by the City of Grand Island Parks and Recreation Department. 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 F1 #9266 - Consideration of Annexation Request of a Tract of Land Being Platted as Lake Heritage Second Subdivision located at the Southeast Corner of U.S. Highway 34 and Blaine Street (Final Reading) Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 24, 2010 Subject: Lake Heritage Annexation Ordinance (Third Reading) Item #’s: F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land, located at the southeast corner of the intersection of Blaine Street and U.S. Highway 34, into the Grand Island City Limits see the attached map. The owner of this property has submitted Lake Heritage Second Subdivision as an addition to the City of Grand Island and by doing so asked Council to consider annexation of this property. Discussion On July 7, 2010 the Hall County Regional Planning Commission held a public hearing before considering this matter. O’Neill opened the Public Hearing. No members of the public testified at the hearing held by the Regional Planning Commission. Nabity explained this property is contiguous with the Grand Island City Limits. The owners have requested that Lake Heritage Subdivision be approved as an addition to the City so that they could receive subdivision approval. These properties are within the Grand Island Utilities Electrical Service District. These properties are all within the Cedar Hollow/Northwest School District. These annexations will not impact the two-mile extraterritorial jurisdiction of Grand Island. Water is available to the property. Sewer is available to the southern edge of property in Bass Road. Lots fronting onto Blaine Street and U.S. Highway 34 are estate sized lots 3+ acres and do not have sewer available. Septic systems will be permitted on these lots until such time as sewer can be extended. This property is within the Grand Island Utilities Electrical Service District. This property is within the Grand Island School District. Annexing this property will not impact the two mile extraterritorial jurisdiction of Grand Island. On July 27th, the Grand Island City Council held a public hearing on this action. No members of the public spoke at the hearing. Council passed the ordinance to annex on first reading and approved the preliminary plat for Lake Heritage Second Subdivision. On August 10, the Grand Island City Council passed the Ordinance on 2nd reading. Passage on 3rd reading will annex the property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge to approve the annexation of property south of US Hwy 34 and east of Blaine also to approve the Preliminary and Final Plat of Lake Heritage 2nd Subdivision as submitted and seconded by Haskins. A roll call vote was taken and the motion passed with 9 members present voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Eriksen, Haskins) and no member present voting against. Sample Motion Approve the annexation as Submitted. Approved as to Form ¤ ___________ August 20, 2010 ¤ City Attorney ORDINANCE NO. 9266 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land at U.S. Highway 34 and Blaine Street being platted as Lake Heritage Second Subdivision an Addition to the City of Grand Island along with all adjoining public Right-of-Way in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 7, 2010, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: A tract of land comprised of Lots One (1), Two (2), Three (3), Four (4), Five (5) and Outlot A of Lake Heritage Second Subdivision an Addition to the City of Grand Island and all adjoining public Right-of-Way in Hall County, Nebraska, WHEREAS, after public hearing on July 27, 2010, the City Council of the City of Grand Island found and determined that such annexation be approved; and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9266 (Cont.) - 2 - WHEREAS, on July 27, 2010, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. ORDINANCE NO. 9266 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9266 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: August 24, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9266 (Cont.) - 5 - Item F2 #9268 - Consideration of Approving Salary Ordinance Tuesday, August 24, 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: August 24, 2010 Subject: Salary Ordinance #9268 Item #’s: F-2 Presenter(s): Brenda Sutherland, Human Resources Director Background The Human Resources Department prepares and brings forward for consideration a salary ordinance each year at budget time that sets forth wages for employees for the upcoming fiscal year. The wages being presented are a reflection of wages that have been previously agreed to by the City Council when labor agreements were entered into. In addition to wages, certain benefits that are part of labor agreements or personnel rules that are paid to employees are also outlined in the salary ordinance. The positions that were included in the FTE schedule as part of the budget are represented in the salary ordinance. Discussion The following changes are being presented to the Council for consideration in preparation for the next fiscal year which will begin on October 1, 2010. The wages addressed in this document will not be paid until the first full pay period in October which will commence on October 11, 2010. Listed are the increases as agreed to in the various labor agreements: AFSCME – 3.5% FOP – 3.5% IBEW Wastewater – 3.75% IBEW Utilities – 3.75% IBEW Finance – 3.75% IBEW Service/ Clerical 2.06% Non-union employees and employees covered under the IAFF labor agreement will see no change in their respective salary tables. Through the program prioritization process some positions were eliminated while others were added. The following are positions that will be eliminated in the 2010/2011 fiscal year: Civil Engineering Manager – Public Works, Engineering Technician Supervisor, Information Technology Supervisor, Library Clerk, Parking Monitor, Fleet Services Attendant/Clerk, and Fleet Services Inventory Specialist. Positions that will be added are: Project Manager – Public Works, Fleet Services Inventory Clerk, Recreation Coordinator, and Customer Service Representative. The customer service representative is a part-time position at the Heartland Shooting Park. This same position was previously filled under the title of “seasonal” but as it is a year around position it is more appropriately reflected as a regular status position in the ordinance. The number of seasonal FTE’s was reduced by .75 and it was added to this position for a net result of zero. The Recreation Coordinator was also a .5 FTE seasonal position which has been replaced as a full time regular status position. This position will oversee the daily activities and staff at the new Field house at Fonner Park. There is also a title change in the renaming of the Communication Specialist/EMD to Public Safety Dispatcher and the Sr. Communication Specialist/EMD to Senior Public Safety Dispatcher. The last change presented in the proposed Salary Ordinance is a change to the payout of unused medical leave for non-union employees. Non-union employees will be entitled to a payout of their medical leave as has been prescribed in the Personnel Rules through September 2010. This buyout will cease in the 2010/2011 budget year. This final buyout has been the practice with all other employee groups as the benefit has gone away. Alternatives It appears that the Council has the following alt ernatives 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 Salary Ordinance #9268. Sample Motion Move to approve Salary Ordinance #9268. Approved as to Form ¤ ___________ August 20, 2010 ¤ City Attorney ORDINANCE NO. 9268 An ordinance to amend Ordinance 9251 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to remove the positions and salary ranges of Civil Engineering Manager-Public Works, Engineering Technician Supervisor, Information Technology Supervisor, Library Clerk, Parking Monitor, Fleet Services Attendant/Clerk, and Fleet Services Inventory Specialist, ; to add the positions and salary ranges of Project Manager-Public Works; Fleet Services Inventory Clerk; Recreation Coordinator; and Customer Service Representative – Part Time; ; to rename the position of Communications Specialist/EMD to Public Safety Dispatcher; to rename the position of Senior Communications Specialist/EMD to Senior Public Safety Dispatcher; and to repeal those portions of Ordinance No. 9251 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 21.6100/30.4700 Exempt Accounting Technician – Solid Waste 15.0000/19.7200 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Assistant to the City Administrator 21.0200/29.5900 Exempt Assistant Utility Director – Administration 40.7800/57.4000 Exempt Assistant Utility Director – PGS & PCC 44.1600/62.1800 Exempt Attorney 26.8900/41.4900 Exempt Biosolids Technician 17.0401/23.9867 40 hrs/week Building Department Director 31.5000/44.8200 Exempt Cemetery Superintendent 18.3119/25.7803 Exempt City Administrator 53.8810/75.8161 Exempt City Attorney 37.2300/52.4000 Exempt City Clerk 22.4900/31.6600 Exempt Civil Engineering Manager – Public Works Engineering 28.6200/41.0400 Exempt Civil Engineering Manager – Utility PCC 32.0000/45.6900 Exempt Collection System Supervisor 21.5900/30.6900 40 hrs/week Community Service Officer 12.1000/16.4500 40 hrs/week Custodian – Library, Police 11.0885/15.6476 40 hrs/week Customer Service Representative – Part time 8.0000/12.0000 40 hrs/week Electric Distribution Superintendent 31.2500/42.8300 Exempt Electric Distribution Supervisor 26.3900/36.1900 40 hrs/week Electric Underground Superintendent 27.8300/38.1500 Exempt Electrical Engineer I 25.3300/34.9600 Exempt Electrical Engineer II 29.3800/40.5100 Exempt Emergency Management Deputy Director 21.3600/29.2100 Exempt Emergency Management Director 30.4000/41.5600 Exempt Engineering Technician - WWTP 18.8700/26.6600 40 hrs/week Engineering Technician Supervisor 21.0900/30.5300 Exempt Equipment Operator - Solid Waste 15.1218/21.2957 40 hrs/week Finance Director 35.6881/50.2209 Exempt Fire Chief 34.0500/48.2500 Exempt Fire Division Chief 27.8470/40.1959 Exempt Fleet Services Superintendent 24.1300/34.0900 Exempt ORDINANCE NO. 9268 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fleet Services Supervisor 19.2100/26.7600 40 hrs/week Golf Course Superintendent 22.8100/32.9200 Exempt Grounds Management Crew Chief – Cemetery 17.1031/24.0687 40 hrs/week Grounds Management Crew Chief – Parks 17.6161/24.7906 40 hrs/week Human Resources Director 32.2100/45.8900 Exempt Human Resources Specialist 17.2500/25.3500 40 hrs/week Information Technology Manager 28.9540/40.7386 Exempt Information Technology Supervisor 25.4000/39.0400 Exempt Legal Secretary 18.9700/25.5100 40 hrs/week Librarian I 16.5700/23.0500 Exempt Librarian II 18.3500/25.8500 Exempt Library Assistant I 11.6100/15.9800 40 hrs/week Library Assistant II 12.7900/17.6300 40 hrs/week Library Assistant Director 20.9000/29.7900 Exempt Library Clerk 9.5700/13.2800 40 hrs/week Library Director 28.2796/39.8068 Exempt Library Page 7.4300/10.2800 40 hrs/week Library Secretary 13.8900/19.7400 40 hrs/week Maintenance Worker – Golf 13.9425/19.6625 40 hrs/week Manager of Engineering Services 30.8300/44.2500 Exempt Meter Reader Supervisor 17.5366/24.6969 Exempt Office Manager – Police Department 15.1900/21.0406 40 hrs/week Parking Monitor 8.1100/11.0200 40 hrs/week Parks and Recreation Director 31.9851/44.9881 Exempt Parks Superintendent 22.3500/31.6100 Exempt Payroll Specialist 15.9420/22.4290 40 hrs/week Planning Director 31.7148/44.6178 Exempt Police Captain 26.7800/37.6700 Exempt Police Chief 34.0500/48.2500 Exempt Police Records Clerk - Part Time 12.4000/17.2600 40 hrs/week Power Plant Maintenance Supervisor 28.0509/39.4574 Exempt ORDINANCE NO. 9268 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Operations Supervisor 29.2000/42.0400 Exempt Power Plant Superintendent – Burdick 31.9808/45.0026 Exempt Power Plant Superintendent – PGS 36.8688/51.8571 Exempt Project Manager – Public Works 28.4300/40.000 Exempt Public Information Officer 20.0800/28.2600 Exempt Public Works Director 35.8254/50.4141 Exempt Receptionist 12.400/17.9400 40 hrs/week Recreation Coordinator 16.2000/22.6000 Exempt Recreation Superintendent 20.9300/30.0300 Exempt Regulatory and Environmental Specialist 27.6631/38.9119 Exempt Senior Accountant 26.3200/36.6400 Exempt Senior Communications Specialist/EMD 16.2000/22.1400 40 hrs/week Senior Electrical Engineer 32.1500/44.3300 Exempt Senior Equipment Operator, Solid Waste 15.8780/22.3421 40 hrs/week Senior Public Safety Dispatcher 16.2000/22.1400 40 hrs/week Senior Utility Secretary 14.3250/20.4550 40 hrs/week Shooting Range Superintendent 20.9300/30.0300 Exempt Solid Waste Division Clerk - Full Time 14.2900/19.1400 40 hrs/week Solid Waste Division Clerk - Part Time 12.7236/17.3800 40 hrs/week Solid Waste Superintendent 22.9786/32.3353 Exempt Street Superintendent 23.5000/34.2100 Exempt Street Supervisor 18.4800/26.2600 40 hrs/week Turf Management Specialist 20.5000/29.0200 40 hrs/week Utility Director 51.9700/74.4700 Exempt Utility Production Engineer 32.8786/46.2710 Exempt Utility Services Manager 26.7500/37.2300 Exempt Utility Warehouse Supervisor 21.8200/30.4800 40 hrs/week Victim Assistance Unit Coordinator 12.5500/17.6700 40 hrs/week Wastewater Engineering/Operations Superintendent 25.6500/36.2900 Exempt Wastewater Plant Chief Operator 18.9500/26.7100 40 hrs/week Wastewater Plant Maintenance Supervisor 22.9100/30.8500 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Wastewater Plant Process Supervisor 23.7500/32.0200 40 hrs/week Water Superintendent 24.2210/34.2100 Exempt Water Supervisor 20.9100/30.1300 40 hrs/week Worker / Seasonal 7.2500/20.0000 Exempt Worker / Temporary 7.2500/20.0000 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/M ax Overtime Eligibility Equipment Operator – Streets 13.8757/19.5126 14.3613/20.1955 40 hrs/week Fleet Services Attendant/Clerk 12.6141/17.7913 40 hrs/week Fleet Services Inventory Specialist 13.8363/19.4733 40 hrs/week Fleet Services Inventory Clerk 13.6103/19.1475 40 hrs/week Fleet Services Mechanic 15.8285/22.2618 16.3825/23.0410 40 hrs/week Horticulturist 14.6510/20.6425 15.1638/21.3650 40 hrs/week Maintenance Worker – Cemetery 13.7705/19.3812 14.2525/20.0595 40 hrs/week Maintenance Worker – Parks 13.6786/19.2630 14.1574/19.9372 40 hrs/week Maintenance Worker – Streets 13.3895/18.8424 13.8581/19.5019 40 hrs/week Senior Equipment Operator – Streets 15.2027/21.4049 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 6 - Classification Hourly Pay Range Min/M ax Overtime Eligibility 15.7348/22.1541 Senior Maintenance Worker – Parks 15.2027/21.4049 15.7348/22.1541 40 hrs/week Senior Maintenance Worker – Streets 15.2027/21.4049 15.7348/22.1541 40 hrs/week Traffic Signal Technician 15.2027/21.4049 15.7348/22.1541 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 13.9001/18.3940 14.4214/19.0838 40 hrs/week Cashier 12.7580/17.3850 13.2364/18.0369 40 hrs/week Custodian 14.8976/17.5921 15.4563/18.2518 40 hrs/week Electric Distribution Crew Chief 27.2124/34.6091 28.2329/35.9069 40 hrs/week Electric Underground Crew Chief 27.2124/34.6091 28.2329/35.9069 40 hrs/week Engineering Technician I 17.1487/24.5367 17.7918/25.4568 40 hrs/week Engineering Technician II 21.1992/29.0671 21.9942/30.1571 40 hrs/week GIS Coordinator 21.8107/30.6049 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility 22.6286/31.7526 Instrument Technician 25.5794/33.7924 26.5386/35.0596 40 hrs/week Lineworker Apprentice 16.5879/24.3230 17.2099/25.2351 40 hrs/week Lineworker First Class 25.1434/29.7374 26.0863/30.8526 40 hrs/week Materials Handler 20.7033/27.7522 21.4797/28.7929 40 hrs/week Meter Reader 14.9167/19.4517 15.4761/20.1811 40 hrs/week Meter Technician 20.0555/24.7866 20.8076/25.7161 40 hrs/week Power Dispatcher I 25.1156/34.9205 26.0574/36.2300 40 hrs/week Power Dispatcher II 26.3793/36.6716 27.3685/38.0468 40 hrs/week Power Plant Maintenance Mechanic 23.7745/29.6038 24.6660/30.7139 40 hrs/week Power Plant Operator 28.0862/32.7156 29.1394/33.9424 40 hrs/week Senior Accounting Clerk 15.6241/20.4663 16.2100/21.2338 40 hrs/week Senior Engineering Technician 26.8229/32.8253 27.8288/34.0562 40 hrs/week Senior Materials Handler 23.8377/31.0931 24.7316/32.2591 40 hrs/week Senior Meter Reader 17.6666/20.9682 18.3291/21.7545 40 hrs/week Senior Power Dispatcher 30.5150/41.8751 31.6593/43.4454 40 hrs/week Senior Power Plant Operator 27.6915/35.4997 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 8 - Classification Hourly Pay Range Min/Max Overtime Eligibility 28.7299/36.8309 Senior Substation Technician 32.6046/33.7924 33.8273/35.0596 40 hrs/week Senior Water Maintenance Worker 19.3719/25.5083 20.0983/26.4649 40 hrs/week Substation Technician 30.1833/31.3815 31.3152/32.5583 40 hrs/week Systems Technician 26.6000/33.7924 27.5975/35.0596 40 hrs/week Tree Trim Crew Chief 23.8284/29.5914 24.7220/30.7011 40 hrs/week Utility Electrician 23.8788/31.3815 24.7743/32.5583 40 hrs/week Utility Technician 23.3224/32.8063 24.1970/34.0365 40 hrs/week Utility Warehouse Clerk 17.2330/21.2614 17.8792/22.0587 40 hrs/week Water Maintenance Worker 16.1398/22.3197 16.7450/23.1567 40 hrs/week Wireworker I 18.1316/25.6380 18.8115/26.5994 40 hrs/week Wireworker II 25.1434/29.7374 26.0863/30.8526 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9268 (Cont.) - 9 - Classification Hourly Pay Range Min/Max Police Officer 17.2016/24.0468 17.8037/24.8884 Police Sergeant 21.5296/29.5005 22.2831/30.5330 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) ORDINANCE NO. 9268 (Cont.) - 10 - hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 16.6707/23.1150 54 hrs/week Firefighter / EMT 12.3855/17.9740 54 hrs/week Firefighter / Paramedic 13.8282/19.5300 54 hrs/week SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 13.8071/19.4279 14.3249/20.1564 40 hrs/week Equipment Operator – WWTP 15.6752/22.0567 16.2630/22.8838 40 hrs/week Maintenance Mechanic I 15.6752/22.0567 16.2630/22.8838 40 hrs/week Maintenance Mechanic II 17.5511/24.6962 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 11 - 18.2093/25.6223 Maintenance Worker – WWTP 15.6752/22.0567 16.2630/22.8838 40 hrs/week Senior Equipment Operator – WWTP 16.9436/23.8413 17.5790/24.7353 40 hrs/week Wastewater Clerk 11.7945/16.5959 12.2368/17.2182 40 hrs/week Wastewater Plant Laboratory Technician 16.6398/23.4139 17.2638/24.2919 40 hrs/week Wastewater Plant Operator I 14.0196/19.7271 14.5453/20.4669 40 hrs/week Wastewater Plant Operator II 15.6752/22.0567 16.2630/22.8838 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 14.9600/19.9700 15.2682/20.3814 40 hrs/week Accounts Payable Clerk 14.1900/20.5300 14.4823/20.9529 40 hrs/week Administrative Assistant 14.7600/21.1700 15.0641/21.6061 40 hrs/week Audio Video Technician 14.9000/21.0200 15.2069/21.4530 40 hrs/week Building Inspector 18.4300/26.1500 18.8097/26.6887 40 hrs/week ORDINANCE NO. 9268 (Cont.) - 12 - Building Secretary 13.8900/19.7400 14.1761/20.1466 40 hrs/week Community Development Administrator 16.0800/23.1200 16.4113/23.5963 Exempt Communication Specialist/EMD 14.0000/20.4500 40 hrs/week Computer Operator 17.9300/23.5702 18.2994/24.0557 40 hrs/week Computer Programmer 20.4500/29.9700 20.8713/30.5874 40 hrs/week Computer Technician 18.4680/24.2777 18.8484/24.7778 40 hrs/week Electrical Inspector 18.4300/26.1500 18.8097/26.6887 40 hrs/week Emergency Management Coordinator 13.8900/19.7400 14.1761/20.1466 40 hrs/week Engineering Technician – Public Works 18.9600/26.7400 19.3506/27.2908 40 hrs/week Evidence Technician 13.7900/20.1800 14.0741/20.5957 40 hrs/week Finance Secretary 13.8900/19.7400 14.1761/20.1466 40 hrs/week GIS Specialist 21.0224/29.4987 21.4555/30.1064 40 hrs/week Maintenance Worker I – Building, Library 14.4900/19.6100 14.7885/20.0140 40 hrs/week Maintenance Worker II – Building, Police 15.2700/20.7000 15.5846/21.1264 40 hrs/week Parks and Recreation Secretary 13.8900/19.7400 14.1761/20.1466 40 hrs/week Planning Secretary 13.8900/19.7400 14.1761/20.1466 40 hrs/week Planning Technician 19.0169/26.7559 19.4086/27.3071 40/hrs/week ORDINANCE NO. 9268 (Cont.) - 13 - Plans Examiner 18.4300/26.1500 18.8097/26.6887 40 hrs/week Plumbing Inspector 18.4300/26.1500 18.8097/26.6887 40 hrs/week Police Records Clerk – Full Time 12.4000/17.2600 12.6554/17.6156 40 hrs/week Public Safety Dispatcher 14.0000/20.4500 14.2884/20.8713 40 hrs/week Shooting Range Operator 19.2400/26.0800 19.6363/26.6172 40 hrs/week Stormwater Technician 18.9600/26.7400 19.3506/27.2908 40 hrs/week Utility Secretary 13.8900/19.7400 14.1761/20.1466 40 hrs/week SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $484.00 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. ORDINANCE NO. 9268 (Cont.) - 14 - Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities, Finance and Service/Clerical labor agreements may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance bene fit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 ORDINANCE NO. 9268 (Cont.) - 15 - biweekly. Public Works Department personnel in the job classifications Fleet Services Supervisor, Fleet Services Superintendent, and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) For all non-union employees the City will include in the second last paycheck in January of each yearSeptember 2010, payment for an employee’s unused medical leave in excess of 960 hours accrued from January 2010 through September 2010 in the preceding calendar year. The compensation will be based on 50% of the accumulated hours above 960 at the employee’s current pay rate at the time of such compensation. Such compensation for unused medical leave in excess of 960 hours shall not continue after September 2010. (B) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The amount of contribution will be based upon the employee’s salary at the time of retirement. ORDINANCE NO. 9268 (Cont.) - 16 - Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Employees covered by the IBEW Service/Clerical labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for forty percent (40%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 433.60 hours (calculated at 40% x 1084 hours = 433.60 hours.) Employees covered by the IBEW Service/Clerical labor agreement will be compensated for unused medical leave in excess of 960 hours as of September 30, 2009. Employees will be compensated for fifty percent (50%) of the hours over 960 at their current rate of pay in January 2010. Such compensation for unused medical leave in excess of 960 shall not continue after January 2010. Any employee covered by this bargaining unit shall be allowed to maintain a balance of sixteen (16) hours in their compensatory time banks if those hours exist at the date of approval of the labor agreement. All hours in excess of sixteen (16) shall be paid to the employee at the same time as any retroactive payments are made. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for one-half fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. All employees covered by the AFSCME labor ORDINANCE NO. 9268 (Cont.) - 17 - agreement shall be paid forty-five (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on the employee’s salary at the time of their death. (C) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. ORDINANCE NO. 9268 (Cont.) - 18 - SECTION 10. The City Administrator shall receive a vehicle allowance of Five Hundred Dollars ($500.00) per month in lieu of mileage allowance, divided into two equal payments of Two Hundred Fifty Dollars ($250.00). SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 12. The adjustments identified in the payout of medical leave to non- union employees shall be effective on the date of passage and publication as provided by law. The new positions that have been added, namely Fleet Services Inventory Clerk, Project Manager- Public Works, Recreation Coordinator, and Customer Service Representative-PT, shall be in effect as of September 27, 2010. The salary adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law effective March 15, October 11, 2010. SECTION 13. Those portions of Ordinance No. 9251 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: August 24, 2010 ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of August 10, 2010 City Council Regular Meeting Tuesday, August 24, 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 August 10, 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 August 10, 2010. Notice of the meeting was given in The Grand Island Independent on August 4, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, 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 member Ava Mackey and board member Liz Mayfield. Introduced was Boy Scout Troop #14 from St. Paul’s Lutheran Church. PRESENTATIONS AND PROCLAMATIONS: Recognition of Pat Larson, GIS Specialist for Special Achievement Award at the Annual Esri International User Conference. Mayor Hornady and the City Council recognized Pat Larson, GIS Specialist for the Special Achieve ment in GIS (SAG) Award. Finance Director Mary Lou Brown stated he received this award at the 30th annual Esri International User Conference. Grand Island was one of only 87 recipients from within the United States and 57 winners from outside the United States selected to receive the award from more than 300,000 eligible organizations worldwide. Mr. Larson was present to receive the recognition. Recognition of Life Saving Efforts. Mayor Hornady and the City Council along with Fire Chief Troy Hughes recognized the life saving efforts of Stacia Rice by presenting her with a Commendation Award for her heroism shown on May 10, 2010 in which her efforts to clear the airway saved the life of Maycee Mazanec. Stacia Rice and the Mazanec family were present for the presentation. PUBLIC HEARINGS: Public Hearing on Request from GI Hospitality, Inc. dba Hospitality, 805 Allen Drive for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from GI Hospitality, Inc. dba GI Hospitality, 805 Allen Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on July 21, 2010; notice to the general public of date, time, and place of hearing published on July 31, 2010; notice to the applicant of date, time, and place of hearing mailed on July 21, 2010; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Page 2, City Council Regular Meeting, August 10, 2010 Public Hearing on Acquisition of Sanitary Sewer Easement in Lot One (1) of McGovern Subdivision – 2530 North Diers Avenue (James E. & Carole M. Kimbrough). Steve Riehle, Public Works Director reported that acquisition of a sanitary sewer easement located in Lot One (1) of McGovern Subdivision – 2530 North Diers Avenue was needed in order for construction, operation, maintenance, extension, repair, replacement, and removal of the private sanitary sewer service within the easement. Staff recommended approval. No Public testimony was heard. Public Hearing for Neighborhood Stabilization Program Property Purchase Located at 201 West 17th Street. Joni Kuzma, Community Development administrator reported that the City had received $190,000 from the Department of Economic Development for the purchase, demolition and construction of properties on 17th Street. The structures will be demolished and the property redeveloped by a non-profit housing developer. Staff recommended approval. No public testimony was heard. ORDINANCES: #9266 – Consideration of Annexation Request of a Tract of Land Being Platted as Lake Heritage Second Subdivision Located at the Southeast Corner of U.S. Highway 34 and Blaine Street (Second Reading) This item related to the Public Hearing held on July 27, 2010. This was the second of three readings. Motion by Meyer, second by Niemann to approve Ordinance #9266 on second reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9266 – Consideration of Conveyance of Property Located at 201 West 17th Street be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. Joni Kuzma, Community Development Administrator reported that the City purchased the structures and property at 201 West 17th Street for $33,660 as part of the Neighborhood Stabilization Program using Community Development Block Grant funds. The Housing Development Corporation, in compliance with the contract between the City and the Nebraska Department of Economic Development would build a new single-family home on this property. Motion by Meyer, second by Ramsey to approve Ordinance #9266. City Clerk: Ordinance #9266 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, August 10, 2010 City Clerk: Ordinance #9266 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9266 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent agenda item G-9 was pulled for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding item G-9. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 27, 2010 City Council Regular Meeting. Approving Minutes of August 3 and 5, 2010 City Council Special (Budget) Meetings. Approving Request of Fonner Park Exposition and Events Center, Inc. for Ratification of Election of Board of Directors. #2010-209 – Approving Neighborhood Stabilization Program Purchase of Property Located at 201 West 17th Street. #2010-210 – Approving the Discontinuation of the Joint Marketing Agreement between the City of Grand Island and Nebraska Public Power District (NPPD). #2010-211 – Approving Contract with HDR Engineering, Inc. of Lincoln, Nebraska for Uranium Removal System Design and Specifications. #2010-212 – Approving Nebraska Power Association Mutual Aid Agreement Among Nebraska Utilities. #2010-213 – Approving Acquisition of Sanitary Sewer Utilities Easement in Lot (1) of McGovern Subdivision – 2530 North Diers Avenue (James E. & Carole M. Kimbrough). #2010-215 – Approving Change Order No. 1 with Gary Smith Constructio n Co. of for Asphalt Maintenance Project 2010-AC-1 for an Increase of $39,051.89 and a Revised Contract Amount of $843,870.57. #2010-216 – Approving Bid Award for 2010-MH REHAB-1 Sanitary Sewer Manhole Rehabilitation Project with Midlands Contracting, Inc. of Kearney, Nebraska in an Amount of $186,868.25. #2010-217 – Approving Certificate of Final Completion for Engineering Services for the Wastewater Collection and Treatment Systems Comprehensive Plan Update for the City of Grand Island with CH2M Hill, Inc. of Englewood, Colorado. #2010-218 – Approving Renewal of Contract with MUNIS. #2010-219 – Approving Contract for EAP Services with Family Resources of Greater Nebraska from Grand Island, Nebraska. Page 4, City Council Regular Meeting, August 10, 2010 #2010-214 – Approving Restricted Parking on College Street, from Custer Street to Existing No Parking Area. Public Works Director Steve Riehle reported the no parking on Custer Street would be daily from 7:00 a.m. to 4:00 p.m. Traffic study was mentioned along with safety issues. The number of parking stalls along this street was 12. Motion by Carney, second by Niemann to approve Resolution #2010-214. Upon roll call vote, Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. REQUESTS AND REFERRALS: Consideration of Amendment to Fonner Park Conditional Use Permit for Primitive Pads at the Fonner R.V. Park for the 2010 State Fair. Craig Lewis, Building Department Director reported that the Nebraska State Fair board wanted to amend the conditions of the approved Conditional Use Permit for the recreational vehicle camper site located at 915 East Fonner Park Road. Requested was permission to allow pads for the RV Park to remain primitive through the 2010 State Fair. Staff recommended approval to permit camper sites with the condition that sites without utility services would only be utilized during the 2010 State Fair event from August 27, 2010 to September 6, 2010. Discussion was held regarding health hazards, concrete pads, utilities, mud and dust. Mr. Lewis explained the buffer zone to the north along with time frame for completion of the RV Park scheduled for 2014. Motion by Meyer, second by Niemann to approve the request from the Nebraska State Fair board to allow pads for the RV Park to remain primitive through the 2010 State Fair from August 27, 2010 to September 6, 2010. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2010-220 – Consideration of Request from GI Hospitality, Inc. dba GI Ho spitality, 805 Allen Drive for a Class “I” Liquor License and Liquor Manager Designation for Demi Menke, Doniphan, Nebraska. This item relates to the aforementioned Public Hearing. Motion by Ramsey, second by Gericke to approve Resolution #2010-220 contingent upon final inspections and Ms. Menke completing a state approved alcohol server/seller program. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Zapata to approve the Claims for the period of July 28, 2010 through August 10, 2010, for a total amount of $2,395,898.00. Unanimously approved. Motion by Dugan, second by Zapata to approve the Claims for the Period of July 28, 2010 through August 10, 2010 for the Veterans Athletic Field Complex for a total amount of $19,513.80. Unanimously approved. Page 5, City Council Regular Meeting, August 10, 2010 Motion by Dugan, second by Zapata to approve the Claims for the Period of July 14, 2010 through August 10, 2010 for the State Fair Recreation Building for a total amount of $852.78. Unanimously approved. Council continued the review and discussion of the FY 2010/2011 City Single Budget. QUARTILE 4 PROGRAMS: Island Oasis Water Park (Admissions): Q. FTE numbers have been corrected. A. No visible impact. Island Oasis Water Park (Concessions): Q. FTE numbers have been correction. A. No change. Interments: Q. How was it determined that the early closing would occur on Saturday afternoon versus another day and time? A. Will close as noon on Saturdays. Parks & Recreation Director Steve Paustian answered questions concerning the cemetery operation with the number of employees available regarding Saturday burials. Fee schedule changes were mentioned with an increase of $150.00 for burials on Saturday after 1:00 p.m. Lot Sales: Q. How was it determined that the early closing would occur on Saturday afternoon versus another day and time? A. Will close as noon on Saturdays. GITV Community Awareness/Technology Outreach: Q. Same question as before regarding the graphics template package. A. Same answer as before. Elections: Q. The narrative states that this only includes the November election. Why is there no budget for the potential ballot for Lincoln Pool? We have budgeted for the bond so we should budget for the costs to get the bond approved as well. A. Election Costs cover the costs to the County for an election. This expense reduction is based on the assumption that there is only the November 2010 election during the 2011 fiscal year. Discussion was held concerning the bond which could be removed from the CIP budget. Motion by Carney, second by Gilbert to remove Lincoln Pool Bond from the CIP budget. Upon roll call vote, all voted aye. Motion adopted. Page 6, City Council Regular Meeting, August 10, 2010 Legal Advisement to Council, Administration, Departments: Q. This does not seem to be a quartile 4 program. A. Scoring would be looked out for next year. Fire Public Education: Q. The FTE is declining; why does the personnel services expense increase? A. This program will see a significant reduction in spending for 2010-2011 due to the smoke detector program for mobile homes being completed in 2010. No major prevention/life safety projects will be occurring during this budge cycle. OTHER PROGRAMS: City Administrator: Q. Why are operating expenses not being held at the 2010 projected level? A. An open position in the City Administrator’s Office during the 2010 Budget accounts for the expense reduction in personnel services, which carries over in the 2011 Proposed Budget through a lower salary step position. City Administrator Jeff Pederson explained additional money in the amount of $5,000 - $6,000 was in the budget for ICMA’s National Citizen’s Survey. Timing of the survey and validity were discussed. No Program: Q. By selling off our excess city assets, i.e. training ground, racket center etc., could we save enough money to keep our police officers and make the streets safer? A. On-going revenues and on-going expenses would not off-set a one time revenue from selling assets. Mr. Pederson stated the City did not have a current plan to sell assets but one was needed. Discussion was held concerning the timeline in order for this to be part of this year’s budget. Mentioned was one time revenues should to be used for one time expenses. Motion by Meyer, second by Niemann to hold a Study Session to review City assets. Upon roll call vote, Councilmember’s Gericke, Nickerson, Dugan, Carney, Haase, Niemann, and Meyer voted aye. Councilmember’s Gilbert, Zapata, and Ramsey voted no. Motion adopted. Copy Paper and Envelopes: Q. Why is this increasing with the use of computers? A. No impact. Comments were made concerning using less paper by using software for saving electronic data. CRA: Q. Explain what this program is. A. Previously answered. Total City Hall by Program: Q. The rent income from the One Stop Building should be increased. Page 7, City Council Regular Meeting, August 10, 2010 A. Lease would expire in 2011 and further discussion would be held then. Building Department Director Craig Lewis answered questions regarding the lease. There was no cost to the City. Future costs to the building for upkeep and repair were discussed. Council recessed at 8:45 p.m. Council reconvened at 9:00 p.m. Capital Improvement Projects: Discussion was held regarding funding four Police Officer’s. Mr. Pederson answered questions concerning two versus four Police Officer’s and whether the Police budget could sustain the additional employees. Mr. Pederson stated it would be a major issue in the Program Prioritization process. Discussion was held regarding the addition of officer’s, support staff, training, equipment, etc. and how that would be funded. Police Chief Steve Lamken stated all departments were required to reduce their budgets. The current Police budget before the council was designed with the number of officer’s retained. Comments were made about the Department Director’s managing their budgets with the amount of money approved by Council. Motion by Niemann, second by Meyer to add two Police Officer's to the current budget based on a proposal conducted by City Staff. Upon roll call vote, Councilmember’s Gericke, Zapata, Ramsey, Dugan, Carney, Haase, Gilbert, Niemann, and Meyer voted aye. Councilmember Nickerson voted no. Motion adopted. Discussion was held concerning selling back unused sick leave. Human Resources Director Brenda Sutherland stated it was not a comparable practice within negotiations. The amount of this would be brought back to Council at the next meeting. Dues and licenses for City employees were brought up. Ms. Sutherland stated some positions were required to have licenses. Mr. Pederson stated professional development was essential for City employees. This amount would be brought back to Council at the next meeting. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of August 12, 2010 City Council Special (Budget) Meeting Tuesday, August 24, 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 BUDGET MEETING August 12, 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 August 12, 2010. Notice of the meeting was given in The Grand Island Independent on August 6, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Meyer, Niemann, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke. Council President Gilbert arrived late. The following City Officials were present: City Administrator Jeff Pederson, Assistant to the City Administrator Shannon Oster, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members, Daniel Carlson and Alec Baxter. PUBLIC HEARING: Public Hearing on Proposed FY 2010-2011 City Single Budget. This item was continued from the Special (Budget) Meetings of August 3, 5 & 10, 2010. The following people spoke with regards to the Proposed FY 2010-2011 City Single Budget: · Ralph Naber, 4017 West Capital Avenue wanted to speak about the Capital Improvement Projects on North Road and Capital Avenue projects. No further public testimony was heard. Review of Proposed FY 2010/2011 City Single Budget. The City Council continued the review and discussion of the FY 2010/2011 City Single Budget. Jeff Pederson, City Administrator, spoke on the request on Tuesday August 10th to present Council a list of excess City assets. The list was not discussed, but a study session will be scheduled for the topic in the fall. Pederson said remaining staff questions and requests from Tuesday, August 10th on the General Fund will be addressed on Tuesday, August 17th. Capital Improvement Program Budget Review Steve Riehle, Public Works Director, presented the review of the CIP Fund by a PowerPoint presentation with an overview of the CIP budget. Riehle explained that CIP projects were scored and ranked according to the following criteria: · Reaffirmation of Committed Projects · Fund Leveraging · Overall Cost to City Page 2, City Council Budget Meeting, August 12, 2010 · Life Safety and Legal Issues · Immediacy of Need-Urgency · Operational Savings and Efficiencies · Do-able, Ease of Implementation, Likelihood of Success, Difficulty Implementing and Solve the Need Riehle showed the projects in the 2011 CIP Fund according to three funding sources: · Gas Taxes: · Bonding · Special Assessments & Keno Review of Round-Abouts and North Road and Capital Avenue Round-About Riehle discussed in more detail the North Road and Capital Avenue Round-About project, which is appropriated $360,000 by Gas Taxes. Accident and congestion at this intersection was first studied by the City in 1986, and reviewed by Council in 2005, when the intersection was one short of warrants for a signal. Riehle explained why Round-Abouts are safer than other traffic calming devices, and require less operational costs. As a result round-abouts have greatly increased over the last 20 years. Examples of Norfolk, Nebraska were presented. Kansas Dept of Transportation has a significant website on Round-Abouts. Riehle recommended the Council pass the CIP as part of the budget and a future study session could be held on round-abouts. Discussion was held regarding the proposed North Road and Capital Avenue round-about. Councilmember Nickerson commented on the number of accidents at the intersection from the Nebraska Department of Roads website. Council asked if the Gas Tax funding needed to be used only for road related projects. Riehle replied yes, but with some exceptions to drainage. Discussion was held on projects funded by bonding versus projects that could use gas tax funds. Home and property concerns were expressed, which Riehle replied that the Public Works Department has talked to the property owners at the intersection and they were okay with the round-about project. Council asked about the Fiber Optic Connection project not being complete. Mary Lou Brown, Finance Director answered that the project is underway and more funds than projected could be spent, but not new money budgeted. Mary Lou Brown answered questions about a decrease in the Gas Tax cash balance over the last three years. Brown said the decrease was an effort to draw down a high cash balance in the 2011 Budget, but $500,000 is not used in a sustainable manner. Motion by Carney that the Council request that the CRA conduct a study about the impact the Lincoln Park Pool has on the area wherein it is located, as well as on the City as a whole, and provide Council with the results within 90 days, second by Gericke. Comments were made on the timeframe to complete a study and the CRAs ability to complete a study requested. Page 3, City Council Budget Meeting, August 12, 2010 Upon roll call vote to request a study on Lincoln Park Pool Councilmember’s Meyer, Niemann, Haase, Carney, Zapata, Nickerson, and Gericke aye. Councilmember’s Gilbert, Dugan, and Ramsey voted no. Motion adopted. Discussion regarding the round-about project resumed and Riehle answered questions about how round-about handle traffic. Riehle told the Council that round-abouts handle traffic better than signals. Motion by Meyer to leave this (North and Capital Round-About) in the CIP, but have a study session on other options besides round-abouts, second by Carney. Discussion about removing the round-about project or keeping it in the CIP Budget was held. Upon roll call vote to leave the round-about in the Budget and study later Councilmember’s Meyer, Carney, Dugan, and Gericke vote aye. Councilmember’s Niemann, Gilbert, Haase, Ramsey, Zapata, and Nickerson voted no. Motion failed. Gilbert motioned to remove the round-about from the FY2010-2011 CIP Budget, second by Ramsey. Upon roll call vote Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember Gericke voted no. Motion adopted. Nickerson made a motion to fund the Independence Ave Drainage and Wasmer Detention Cell projects funded by Gas Tax, second by Niemann. Discussion was held on reallocating funds to different projects, and if State and Federal regulations would allow that. Pederson cautioned the Council from moving funding away from the CIP fund to maintain an adequately funded level. Upon roll call vote to allocate Gas Tax funds Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Nickerson and Gericke voted aye. Councilmember Zapata and Haase voted no. Motion adopted. Council Member Haase left the meeting at 8:15 p.m. More discussion was held on the CIP Fund and reallocating projects away from funding by bonding. Council discussed the Environmental Study and Engineering of Broadwell/UPRR (Union Pacific Railroad) project. Riehle said the study will help determine if the rest of the project should move forward. Mayor Hornady told the Council she called UP last week and they assured her things will be moving faster. Riehle asked what the difference between an overpass and underpass with the railroad. Motion by Niemann to strike the Environmental Study from UPRR from the budget, second by Gilbert. Upon roll call vote Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson and Gericke voted aye. Motion adopted. Page 4, City Council Budget Meeting, August 12, 2010 Council discussed what should happen with additional funding no longer appropriated to CIP projects removed. Comments were made requesting that City staff have enough time by Tuesday to see what additional projects could move forward in the CIP fund since other projects were removed. Some Council did not want to re-appropriate funds to new projects. Brown clarified that transfers from the CIP Fund to the General Fund were because anticipated revenue from a Federal grant. Motion by Dugan to adopt the CIP as amended tonight with a placeholder for $100,000 gas tax appropriation, second by Niemann. Upon roll call vote to adopt the amended CIP with a $100,000 placeholder Councilmember’s Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson and Gericke voted aye. Councilmember Meyer voted no. Motion adopted. Meeting recessed at 8:35 p.m. Ramsey left at 8:35 p.m. Readjourn at 8:50 p.m. Review of Enterprise Funds: Utilities Utilities Director, Gary Mader, presented the review of the Utility Funds. He explained the bulk of the budget expenditures are fuel, equipment, etc, with a small portion to personnel. Mader explained that the Utilities Department participated in Program Prioritization and has been budgeting like Program Prioritization several years. Both Electric and Water utilities will continue multiple projects for the next several years for improvements and redevelopment of aging infrastructure. Utilities are not budgeted for rate increases. There were questions for Mader and a discussion on the Electric and Water Utilities. Mader explained the Utilities Department is constantly planning ahead to address future issues and any potential new Federal or State regulations. Potential for contamination problems and avoiding those was discussed. Gilbert said she is uncomfortable with the difference between revenues and expenditures in the Water and Electric Funds. Mader explained that is for capital improvements and planning for the future unknown costs. Gilbert asked about starting to do automated meter readings. Wastewater Treatment Fund Steve Riehle, Public Works Director, presented the Waste Water Treatment Plant budget. He said the WWTP has moved their emphasis from the treatment plant to the collection system, specifically for capital improvements. This is a result of JBS constructing their own pre- treatment facilities. Carney commented on odor issues related to the WWTP. Nickerson asked about odor improvements with JBS and the WWTP since a study session was held in May. The Mayor Page 5, City Council Budget Meeting, August 12, 2010 explained there is an Odor Committee researching the issue and an upcoming study session is planned. The impact on operating revenues with JBS as a WWTP customer was discussed. Riehle said they are working on a revised rate model to plan for future years. A concern about the lower cash balance reserves in comparison to prior years was expressed by Councilmember’s. Pederson explained that the reserves are budgeted for large capital expenses, which is not an ongoing operating expense, so revenues are not less than operating expenditures. Staff said there will be a study session on the WWTP comprehensive plan, which will discuss the restructuring of rate structure, specifically regarding the change in capacity without JBS. Jackrabbit Run Golf Course Steve Paustian, Parks and Recreation Director, presented the Jackrabbit Run Golf Course budget. The Golf Course has been becoming more efficient over the last few years and is operating in the “black,” in other words with a profit after operating expenses. That has allowed the Golf Course to put money back into improvements and replacements. The ongoing replacement irrigation system was discussed. Paustian estimated several more years to replace the system due to staff time, the amount of income remaining after operating expense, and wear and tear. Meyer would like to see a larger club house area. Nickerson prepared a spreadsheet for Council and staff explaining what an additional mill levy would look like for informational purposes only. He emphasized that he is not necessarily advocating raising property taxes, but wanted to have the information out in the public. The sheet was not discussed by the Council. Gilbert asked Brown if there are any other “pressures” or sustainability issues to address in future budget years besides a $500,000 gas tax pressure mentioned at the beginning of the meeting. Brown explained that wages will be an issue next budget year. Budget discussing will resume Tuesday August 17th at 7:00 p.m. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. Shannon Oster Assistant to the City Administrator Item G3 Approving Minutes of August 17, 2010 City Council Special (Budget) Meeting Tuesday, August 24, 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 BUDGET MEETING August 17, 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 August 17, 2010. Notice of the meeting was given in The Grand Island Independent on August 6, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, and Gericke. Councilmember Zapata was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady fo llowed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARING: Public Hearing on Proposed FY 2010-2011 City Single Budget. This item was continued from the Special (Budget) Meetings of August 3, 5, 10 and 12, 2010. No public testimony was heard. Review of Proposed FY 2010/2011 City Single Budget. The City Council continued the review and discussion of the Proposed FY 2010/2011 City Single Budget. City Administrator Jeff Pederson stated news came today from the County Assessor with a total valuation figure less than staff had projected. Finance Director Mary Lou Brown presented an overview of the major General Fund revenue sources. The total 2010 projected revenue was $22,538,800 with a current view of 2010 (8/17/10) of $22,525,440. The updated 2011 revenue budgeted was $23,211,000. The projected valuation for 2011 from the County Assessor was $2,395,497,486 down from the proposed 2011 budget valuation of $2,498,348,795. With a tax mill rate (general & interlocal) of .204855 the property tax would be $4,907,296. The following Cash Analysis was presented: Unrestricted Personnel Services & Ratio Cash Operating Expense 2008 $6,001,104 $30,593,649 19.62% 2009 $3,431,250 $31,094,979 11.03% 2010 Budget $4,574,874 $33,940,337 13.48% 2010 Projection $4,394,445 $33,012,614 13.31% 2011 Budget $4,509,614 $32,312,527 13.96% 2011 w/Proposed $4,409,614 $32,312,527 13.65% Change Page 2, City Council Budget Meeting, August 17, 2010 Discussion was held concerning ambulance fees that were not collected. Ms. Brown stated the insurance companies were paying about 65%. Ms. Brown answered questions concerning the unrestricted cash balance. City Administrator Jeff Pederson presented the following proposal for funding 2 additional Police Officer’s in the new budget: · $112,300 – Cost related to two incremental police officers The recommendations for funding these two positions are as follows: · $30,00 – Non-union medical leave annual buyout benefit removed · $25,000 – Increased revenue from ambulance billing · $57,300 – General Fund capital reduction · $112,300 Total Funding Motion by Carney, second by Niemann to amend the current budget to provide funding for the (2) incremental police officers as recommended by the City Administrator. Discussion was held regarding total appropriation submitted to the State. Mr. Pederson stated the impact on the support staff with the additional two officers’ would be covered in the current Police budget as proposed. Councilmember Nickerson questioned the sustainability of these two positions for future budgets. Mentioned was a tax increase to cover these positions. Compliments were made by council regarding the balanced budget and no tax increase. Upon roll call vote Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Gericke, Ramsey, and Dugan vote aye. Councilmember Nickerson voted no. Motion adopted. Motion by Gilbert, second by Dugan to approve the Proposed 2010/2011 Budget incorporating the amendments made during the last couple of weeks. The Public Hearing for the 2010/2011 Proposed Budget was closed. Upon roll call vote Councilmember’s Meyer, Niemann, Gilbert, Haase, Carney, Nickerson, Ramsey, and Dugan voted aye. Councilmember Gericke voted no. Motion adopted. Compliments were made by the Mayor and Council thanking staff for all the hard work on this budget. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. RaNae Edwards City Clerk Item G4 Approving Re-Appointment of Lisa Norton to the Animal Advisory Board The Mayor has submitted the Re-appointment of Lisa Norton to the Animal Advisory Board. This appointment would become effective September 1, 2010 upon approval by the City Council and would expire on August 31, 2013. Approval is recommended. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 #2010- 221- Approving Final Plat and Subdivision Agreement for Lake Heritage Second Subdivision Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 24, 2010 Subject: Lake Heritage 2nd Sub-Preliminary Plat Lake Heritage 2nd Sub – Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Blaine Street and south of US Hwy 34, the Preliminary Plat proposes to create 11 lots on a tract of land comprising part of the NW1/4 of the NW1/4 of Section 33, Township 11, North Range 9, West of the 6th P.M., in the City of Grand Island in Hall County Nebraska. This is approximately 38 acres. Discussion The revised Preliminary Plat and Final Plat for Lake Heritage 2nd Subdivision was considered by the Regional Planning Commission at the July 7, 2010 meeting. A motion was made by Ruge and seconded by Haskins to approve the plats as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Eriksen, Haskins) voting in favor and no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the preliminary plat and final plat as presented. Sample Motion Move to approve as recommended. Lake Heritage 2nd Preliminary and Final Plat Summary Developer/Owner Doralene Niedfelt 1515 W Husker Hwy Grand Island NE 68801 To create 5 lots east of Blaine St and south of US Hwy 34, in the City of Grand Island, in Hall County, Nebraska. Size: 38 acres Zoning: LLR – Large Lot Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Preliminary Plat Final Plat Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-221 WHEREAS, Jerome W. Niedfelt Revocable Trust, Doralene F. Niedfelt, Trustee, being the sole owners of the land described heron, have caused the same to be surveyed, subdivided and to be laid out into 5 lots, and Outlot A , a tract of land consisting of part of the Northwest Quarter of the Northwest Quarter (NW1/4, NW1/4) of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the 2-mile extraterritorial jurisdiction of the City of Grand Island, in Hall County Nebraska, under the name of LAKE HERITAGE 2nd SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LAKE HERITAGE 2nd SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-222 - Approving Final Plat and Subdivision Agreement for J Clark Subdivision Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 24, 2010 Subject: J Clark Subdivision – Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Del Mar Avenue and west of Harrison Street. This final plat proposes to create 3 lots on a tract of land comprising a part of the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island in Hall County, Nebraska, said tract containing 1.805 acres. Discussion The revised final plat for J Clark Subdivision was considered by the Regional Planning Commission at the August 4, 2010 meeting. A motion was made by Amick and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 11 members present (Aguilar, Amick, O’Neill, Ruge, Reynolds, Monter, Haskins, Eriksen, Bredthauer, Connelly, Snodgrass) voting in favor no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. J Clark Final Plat Summary Developer/Owner 1321 Webb Road L.L.C., Gordon Goble, Managing Member 308 N Locust Grand Island NE 68801 To create 3 lots near north of Del Mar Avenue and west of Harrison Street, in the City of Grand Island, in Hall County, Nebraska. Size: 1.805 acres Zoning: R1 Suburban Residential Zone Road Access: City Roads Water Public: City water is available Sewer Public: City sewer is available Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-222 WHEREAS, 1321 Webb Road, L.L.C., a Nebraska Limited Liability Company, being the Owner of the land described hereon, have caused to be laid out into 3 lots, a tract of land comprising a part of the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., City of Grand Island, Hall County Nebraska, under the name of J CLARK SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of J CLARK SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-223 - Approving Interlocal Agreement for Drug Court Office Space Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: August 24, 2010 Subject: Drug Court Office Space Interlocal Agreement Item #’s: G-7 Presenter(s): Steven Lamken, Police Chief Background The Law Enforcement Center was built with space to accommodate the operations of the Central Nebraska Drug Court. At the time we began using the Center, there was not an Interlocal Agreement with the Drug Court for use of the space provided them. Discussion The Law Enforcement Center was designed and built to accommodate the operations of the Central Nebraska Drug Court. There has never been an Interlocal Agreement regarding the Drug Court’s use of the Center. The presented Interlocal Agreement that the Central Nebraska Drug Court Board has approved provides terms defining the responsibilities of the City and the Drug Court. The Interlocal Agreement also provides for the Central Nebraska Drug Court to pay $200.00 month to offset cost related to utilities, housekeeping and maintenance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Postpone the issue to future date 3. Take no action on the issue Recommendation City Administration recommends that the Council approve the Interlocal Agreement for Office Space Use By and Between The Central Nebraska Drug Court and the City of Grand Island. Sample Motion Move to approve the Interlocal Agreement for Office Space Use By and Between The Central Nebraska Drug Court and the City of Grand Island. Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-223 WHEREAS, The City of Grand Island provides office space to the Central Nebraska Drug Court in the Law Enforcement Center at 111 Public Safety Drive, and WHEREAS, It is beneficial for the City to enter into an Interlocal Agreement with the Central Nebraska Drug Court for the use of office space in the Law Enforcement Center, and WHEREAS, It is beneficial for the Central Nebraska Drug Court to enter into an Interlocal Agreement with the City for the use of office space in the Law Enforcement Center, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute the Interlocal Agreement For Office Space Use by and between The Central Nebraska Drug Court and the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010 _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010-224 - Approving Acquisition of Utility Easement - Veterans Athletic Complex - 2820 Broadwell Avenue - State of Nebraska This item relates to the aforementioned Public Hearing Item E-3. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-224 WHEREAS, a public utility easement is required by the City of Grand Island, from the State of Nebraska, Department of Administrative Services, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including electric lines, transformers; and water mains; and WHEREAS, a public hearing was held on August 24, 2010 for the purpose of discussing the proposed acquisition of an easement located at the Veterans Athletic Complex, 2820 Broadwell Avenue in Hall County, Nebraska; and more particularly described as follows: TRACT 1 Commencing at the northwest corner of the Northeast Quarter (NE1/4), Section Five (5), Township Eleven (11) North, Range Nine (9) West; thence southerly along the easterly line of the said Northeast Quarter (NE1/4) being an assumed bearing of S01°40’39”E, a distance of one thousand eight hundred nine and eighty five hundredths (1,809.85) feet; thence S88°29’25”W, a distance of one hundred twenty seven and seventy two hundredths (127.72) feet to a point on the westerly right-of-way line of Broadwell Avenue being the ACTUAL Point of Beginning; thence continuing S88°29’25”W, a distance of seven hundred sixty eight and forty one hundredths (768.41) feet; thence S00°14’15”W, a distance of fifty five and ninety hundredths (55.90) feet; thence S05°28’00”E, a distance of three hundred thirty and seventeen hundredths (330.17) feet. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. And, the centerline of Tract 2 being a twenty (20.0) foot wide utility easement and right- of-way being more particularly described as follows: TRACT 2 Commencing at the northeast corner of the Northeast Quarter (NE1/4), Section Five (5), Township Eleven (11) North, Range Nine (9) West; thence southerly along the easterly line of the said Northeast Quarter (NE1/4) being an assumed bearing of S01°40’39”E, a distance of two thousand two hundred fourteen and fifty five hundredths (2,214.55) feet; thence S89°20’00”W, a distance of sixty four and fifty two hundredths (64.52) feet to a point on the westerly right-of-way line of Broadwell Avenue being the ACTUAL Point of Beginning; thence continuing S89°20’00”W, a distance of seven hundred thirty five and four hundredths (735.04) feet; thence N64°54’38”W, a distance of one hundred sixty six and forty two hundredths (166.42) feet. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. - 2 - The above-described easement and right-of-way tracts containing a combined total of 0.944 acres, more or less, as shown on the plat dated 7/28/2010, 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 State of Nebraska, Department of Administrative Services, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-225 - Approving Amendment #2 to Parkview Superfund Remediation Access Agreement Tuesday, August 24, 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 Steven Riehle, Public Works Director Dale Shotkoski, City Attorney Meeting: August 24, 2010 Subject: Amendment #2 to the Consent to Access for EPA Environmental Response Action Agreement Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background As a part of the EPA program for remediation of the Parkview Superfund site groundwater contamination, the City entered into an agreement with EPA to allow utilization of City Right-of-Way for the installation of several of the components of the remediation systems and the installation of groundwater monitoring wells that will be used to measure the effectiveness of the systems as they operate into the future. Discussion One of the primary remediation systems involves the use of injection wells to introduce neutralizing chemicals into the contaminated ground water aquifer. This injection- neutralization process is being used in the most highly contaminated area, generally in the west and central areas of the contamination plume. The neutralization remediation has begun and EPA wishes to install additional monitoring wells down gradient from the series of injection wells located along North Road. Please see the attached request from EPA with a map of the currently installed remediation system wells. The map also shows the four proposed new monitoring well locations. Monitoring at each location consists of a three well cluster. Each of the three wells is placed at a different depth (shallow, medium and deep) so that the plume shape can be monitored in three dimensions. The four proposed new locations are two monitoring well clusters on Mary Lane and two on Hampton. It is proposed that the original agreement with EPA be amended to allow the additional monitoring wells to be installed. The agreement has been modified once before, to allow additional monitoring well installation at the leading edge of the contamination plume just east of the Parkview area. Attached is proposed Amendment #2 to the CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”) and a copy of the original agreement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment #2 to the CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”). Sample Motion Move to approve Amendment #2 to the CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”). Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-225 WHEREAS, on July 14, 2009 the City entered into an agreement with EPA to allow utilization of City Right-of-Way for the installation of several of the components of the remediation systems and the installation groundwater monitoring wells to be used to measure the effectiveness of the remediation systems associated with the Parkview Superfund Site; and WHEREAS, EPA has initiated operation of remediation systems; and WHEREAS, EPA wishes to install additional groundwater monitoring wells in the City Right-of-Way in the area down gradient of the chemical neutralization wells installed along South North Road in order to observe chemical injection results; and WHEREAS, Amendment #2 to original CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”) is recommended to allow the additional monitoring wells. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #2 to the CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”), is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-226 - Approving Midwest Reliability Organization Non- Disclosure Agreement Tuesday, August 24, 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: August 24, 2010 Subject: Midwest Reliability Organization Non-Disclosure Agreement Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department maintains a 115,000 volt transmission loop that provides reliable power to the substations connected to it. In addition, several transmission connections with the regional grid are established from various locations around the loop. In an effort to maintain the reliability of the national electric grid, the nation is divided up into several regions. Each utility that resides within a particular region is required to comply with federal regulations and submit proof of compliance to its regional reliability organization. Nebraska currently resides within the Midwest Reliability Organization (MRO) footprint. MRO covers all or part of nine states and two Canadian provinces. One of the tools used to maintain reliability is a large, detailed computer model of the regional electric transmission grid. Each utility within the MRO footprint shares data that is ultimately used to model the entire region. The model is used to determine the impact of various changes and improvements to the transmission system to assure that continued reliable service and redundancy are maintained. Nebraska Public Power District (NPPD) currently integrates Grand Island’s modeling information in with its own to be submitted to the MRO. However, Grand Island has access to information across the region since outside changes can impact Grand Island’s system. Discussion In a post-911 world, security of sensitive documentation becomes increasingly more important. Utilities within the MRO share sensitive information with other utilities for transmission planning and modeling purposes. In an effort to maintain the security of this information, MRO is requiring a Non-Disclosure Agreement to be signed by all participating utilities. Alternatives It appears tha t the Council that 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 a future date 4. Take no action on the issue Recommendation City Administration recommends the Midwest Reliability Organization Non-Disclosure Agreement be approved and signed to allow continued involvement with MRO and related transmission planning efforts. Sample Motion Move to approve the Midwest Reliability Organization Non-Disclosure Agreement to continue involvement with the MRO. Midwest Reliability Organization – NON-DISCLOSURE AGREEMENT 2 Midwest Reliability Organization NON-DISCLOSURE AGREEMENT Midwest Reliability Organization (MRO) plans to make available certain information to your company (Recipient) related to MRO models and data. Prior to receiving this information, MRO requires that Recipient execute this Non-Disclosure Agreement (Agreement). For the purposes of this Agreement only, “employees” include third parties retained for professional advice (including, without limitation, attorneys, accountants, consultants, bankers and financial advisors) temporary administrative, clerical or programming support. “Need to know” means that the employee requires the Confidential Material in order to perform his or her responsibilities in connection with Recipient transacting business with MRO or its Members. By executing this Agreement, Recipient is affirming that all information designated by MRO or its vendor(s) as “confidential”, “proprietary”, “CEII” or other such designation as indicates protection of the material (Confidential Material), will be maintained in the strictest confidence and will not be disclosed to any person or entity other than its officers, directors and employees, consultants or its affiliates and their respective officers, directors, and employees who have a need to know, who have been advised of the confidentiality of the material, and who have agreed to be bound by the terms of this Agreement. Recipient acknowledges that Confidential Material may include Critical Energy Infrastructure Information (CEII). Pursuant to Commission Order on Rehearing (Issued June 17, 2008), 123 FERC ¶ 61,276, Critical Energy Infrastructure Information (CEII) is defined as “specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure that: (1) relates details about the production, generation, transportation, transmission, or distribution of energy; (2) could be useful to a person in planning an attack on critical infrastructure; and (3) does not simply give the general location of the critical infrastructure.” Recipient shall take necessary precautions to prevent disclosure of the Confidential Material to the public or any third party. Recipient agrees that the Confidential Material will not be copied or furnished to other parties. Recipient will safeguard the Confidential Material with the same degree of care to avoid unauthorized disclosure as Recipient uses to protect its own confidential and private information. The obligation with respect to handling and using Confidential Material set forth in this Agreement is not applicable to information which: a. Is in the public domain at the time of its disclosure to Recipient, or thereafter enters the public domain through no breach of this Agreement by Recipient; b. Is known by Recipient at the time of disclosure by MRO; Midwest Reliability Organization – NON-DISCLOSURE AGREEMENT 3 c. Is independently developed by Recipient or by a person or persons who have not had access to the Confidential Material received by Recipient from MRO; d. Is available to Recipient or others by inspection or analysis or related products available in the open market place; e. Is made available by MRO to anyone without similar restrictions by disclosing of such Confidential Material; f. Is known to Recipient from a source other than MRO; g. Is approved for release by written authorization of a representative of MRO; h. Is required by law or regulation to be disclosed, but only to the extent and for the purposes of such required disclosure; or i. Is disclosed in response to a valid order of a court or other governmental body of the United States or any of its political subdivisions, but only to the extent of and for the purposes of such order; provided, however, that Recipient will first notify MRO of the order and permit MRO to seek an appropriate protective order. Confidential Material will be deemed the property of MRO or its vendor(s). Recipient will, within ten (10) days of a written request by MRO or its vendor(s), return all Confidential Material to MRO or, if so directed, destroy all such Confidential Material. Recipient will also, within ten (10) days of a written request by MRO or its vendor(s), certify in writing that it has satisfied the obligations of such a request. No other obligation of any kind is assumed by or implied against any party except for those stated herein by the receipt of such Confidential Material, nor shall such receipt constitute a waiver of any rights any party may have with respect to similar material. No manufacturing or software license under any patents or copyrights of any party is granted by this Agreement or by any disclosure of Confidential Material. The parties agree that an impending or existing violation of any provision of this Agreement would cause MRO or its vendor(s) irreparable injury for which there would be no adequate remedy at law, and that MRO or its vendor(s) will be entitled to seek immediate injunctive relief prohibiting such violation without the posting of bond or other security, in addition to any other rights and remedies available. No patent, copyright, trademark or other proprietary right is licensed, granted or otherwise transferred by this Agreement or any disclosure hereunder, except for the Midwest Reliability Organization – NON-DISCLOSURE AGREEMENT 4 right to use such information in accordance with this Agreement. No warranties of any kind are given for the Confidential Material disclosed under this Agreement. This Agreement may not be assigned by Recipient without the prior written consent of MRO. Any assignment in violation of this provision will be void. This Agreement will be binding upon the parties and their respective successors and assigns. If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the party’s intent in agreeing to this original provision. The remaining provisions of this Agreement will continue in full force and affect. Recipient warrants that it has the authority to enter into this Agreement and to lawfully make the disclosures contemplated hereunder. ACKNOWLEDGED AND AGREED: Company: ______________________________ By: __________________________________ Name: _________________________________ Title: __________________________________ Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-226 WHEREAS, in an effort to maintain the reliability of the national electric grid, the nation is divided up into several regions; and WHEREAS, each utility that resides within a particular region is required to comply with federal regulations and submit proof of compliance to its regional reliability organization; and WHEREAS, Nebraska currently resides within the Midwest Reliability Organization (MRO); and WHEREAS, each utility within the MRO shares data that is ultimately used to model the entire region, and the model is used to determine the impact of various changes and improvements to the transmission system to assure that continued reliable service and redundancy are maintained; and WHEREAS, Grand Island has access to information across the region since outside changes can impact Grand Island’s system; and WHEREAS in an effort to maintain the security of this information, MRO is requiring a Non-Disclosure Agreement to be signed by all participating utilities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the Mayor is hereby authorized, on behalf of the City, to execute the Midwest Reliability Organization Non-Disclosure Agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-227 - Approving Nebraska Department of Health and Human Services Agreement for a Child Well-Being Supplemental Grant Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: August 24, 2010 Subject: Approve Mini-Grant Supplemental Agreement with the Nebraska Department of Health and Human Services Item #’s: G-11 Presenter(s): Joni Kuzma, Community Development Administrator Background The Nebraska Children and Families Foundation (NCFF) and the Nebraska Department of Health and Human Services (DHHS), on behalf of the Nebraska Child Abuse Prevention Fund Board, has offered the City of Grand Island a $5,000 supplemental mini- grant to support Coalition for Children strategic planning for Child Well-being initiatives. Discussion The Nebraska Child Abuse Prevention Fund Board is committed to improving the quality of life for children and families in the state and is investing funds in Grand Island to offset costs associated with strategic planning, data collection, administrative assistant salary and grant management services. With acceptance of the offer, a mini-grant of $5,000 will be awarded to the City. No matching funds are required. The City will act as fiscal agent. The Coalition for Children in collaboration with Community Development will carry out the grant terms and assurances as outlined in the grant agreement. Alternatives It appears tha t the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the grant agreement 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City administration recommends that Council approve the mini-grant agreement. Sample Motion Move to approve the mini-grant agreement with the Nebraska Department of Health and Human Services and authorize the Mayor to sign all related documents. Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-227 WHEREAS, the Nebraska Children and Families Foundation and the Nebraska Department of Health and Human Services (DHHS), on behalf of the Nebraska Child Abuse Prevention Fund Board, has offered the City of Grand Island a supplemental mini-grant; and WHEREAS, the mini-grant of $5,000 will be used to support the Child Well-being initiative and related costs; and WHEREAS, the Coalition for Children will work with Community Development to carry out the grant terms and assurances as outlined in the grant agreement; and WHEREAS, the City of Grand Island will serve as fiscal agent for the mini-grant; and WHEREAS, an agreement letter has been received by the City and must be signed by the Mayor to accept the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement for the Nebraska Department of Health and Human Services is approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the City of Grand Island for such grant program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-228 - Approving Storm Water Management Plan Program Grant Application Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 24, 2010 Subject: Approving Storm Water Management Plan Program Grant Application Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background In 2005, the EPA expanded the "pollutant discharge" portion of the Clean Water Act of 1977 to include storm water runoff from all Nebraska communities with a population over 10,000. Subsequently, the City of Grand Island was designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Community in 2005. The City was issued a storm water permit for the time period of July 1, 2005 through December 31, 2010 by the Nebraska Department of Environmental Quality that includes a Storm Water Management Plan. As a result of the passage of LB1226 in the 2006 Nebraska Legislative Session, $2.5 million in funding was allocated for cities and counties with Storm Water permits to implement their local Storm Water Management Plans (SWMPs). The funding for the program has continued for the State of Nebraska fiscal year that begins in July 2010. Grant awards will be distributed to applicants according to population size. The Public Works Department is working with Community Development in preparation of the attached grant application to the Department of Environmental Quality for these funds. The City has received funds from this storm water grant program each year since July 2007 for a total of $282,463.00 to date. The past grant funds have been used for activities such as educating the public, developers/contractors of the requirements of the permit; storm sewer stenciling; dry weather inspections ; mapping of the storm sewer system; and implementing BMPs at City owned facilities. Additionally, the grant funds have purchased a vehicle and various water sampling equipment. The funds from this grant will be used for additional mapping of the storm sewer system, finalizing and implementing the construction (erosion/sediment control) program, wet weather sampling and supporting education efforts through various media forms. Discussion The Storm Water Management Plan Program grant application is due Friday, September 3, 2010. A 20% match for the project is required and will be provided by the Public Works Department through salaries. Grant work under this program must be completed by June 30, 2012. The City is eligible for no less than $88,659.00, but no more than $464,999.00. Grant awards will be distributed to applicants according to population size. If all eligible non- metropolitan communities across the state apply, the City will receive $88,659.00. The City has seven (7) Minimum Control Measures (MCM's) that are identified in the storm water permit. Each MCM has a number of Best Management Practicies (BMP's) that are used to carry out the MCM's. An example BMP is marking curb inlets that remind the public not to dump into the inlet because it drains to a stream or river. Grant activities are restricted to the Best Management Practices (BMP's) and seven Minimum Control Measures (MCM's) identified in the City storm water permit. The seven MCM's are: 1) Education and Outreach 2) Public Involvement/Participation 3) Illicit Discharge Detection and Elimination 4) Construction Site Storm Water Runoff Control 5) Post-Construction Storm Water Management in new development and redevelopment 6) Pollution Prevention good housekeeping for municipal operations 7) Wet Weather Monitoring 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 submission of the storm water grant application and authorize the Mayor to sign all related documents. Sample Motion Move to approve submission of the storm water grant application and authorize the Mayor to sign all related documents. STORM WATER MANAGEMENT PLAN PROGRAM GRANT APPLICATION From the City of Grand Island (Sponsor) Regarding Implementation of the Storm Water Management Plan for Permit NER300010 Submittal of this application constitutes a request for grant funding from the Storm Water Management Plan Program. Requirements of this grant are as follows: - The Sponsor must provide at least a 20% cash match for any funds received - This cash match and the grant award must be kept together in an account separate from any other funds - These funds must be used only for implementation of the SWMP in permit #NER300010 - These funds may not be used for normal operations and maintenance or flood control - Additional activities may be funded upon amending the SWMP, with NDEQ approval, and by amending the workplan attached with the Intergovernmental Agreement. - The project duration must not go beyond June 30, 2012 - The Sponsor must provide an annual report at the end of each state fiscal year To request these forms electronically, call or e-mail Mary Schroer at 402-471-6988 or mary.schroer@nebraska.gov PART 1 – CONTACT INFORMATION PROJECT MANAGER INFORMATION – PLEASE PRINT OR TYPE PROJECT MANAGER NAME Scott Sekutera TITLE Storm Water Technician STREET ADDRESS PO Box 1968 E-MAIL ADDRESS ssekutera@grand-island.com CITY / STATE / ZIP CODE Grand Island, NE 68802-1968 PHONE NUMBER (308) 385-5440 ext 270 MAXIMUM AWARD AMOUNT REQUESTED $464,999.00 PROJECT END DATE 6-30-2012 COGNIZANT OFFICIAL SIGNATURE DATE RETURN COMPLETED APPLICATION POSTMARKED NO LATER THAN FRIDAY, SEPTEMBER 3rd TO: Mary Schroer, Nebraska Department of Environmental Quality, PO Box 98922, Lincoln, Nebraska, 68509 PART 2 – WORKPLAN, ACTIVITY ELEMENTS, & TIMELINE Indicate the Activity Elements intended to be funded, the approximate percentage amount of the total project cost that will be spent for each Activity Element, and the corresponding Minimum Control Measure of a Storm Water Management Plan (SWMP); Public Education and Outreach, Public Participation/Involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff Control, Post-Construction Runoff Control, Pollution Prevention/Good Housekeeping or, Wet Weather Monitoring. Activities funded by this grant may be categorized under any combination of Minimum Control Measures, but anything funded MUST: 1. be described in the approved SWMP, 2. not be related to normal operation and maintenance activities or flood control, AND 3. be categorized under one of the six Minimum Control Measures or as wet weather monitoring. Refer to your approved Storm Water Management Plan by Section and Subsection with a brief summary of the proposed Activity Element for each description. The annual report will detail the activities funded and progress made each year as of June 30th (the end of the state fiscal year) and will be due no later than July 31st for the duration of the project. Minimum Control Measure Section/Subsection and Activity Element Description from Approved SWMP Cost (percentage of grant) Expected Completion Date 1 Education and Outreach 1.1 Develop and Distribute Educational material on stormwater related issues in various media forms. 10% 06/29/2012 2 Public Involvement/Participation 2.3 Continue storm sewer stenciling program. 5% 06/29/2012 3 Illicit Discharge Detection and Elimination 3.2 Perform dry weather inspections of stormwater outfalls. 5% 06/29/2012 4 Illicit Discharge Detection and Elimination 3.3 Continue Mapping of stormwater sewer system. 25% 06/29/2012 5 Construction Site Stormwater Runoff Control 4.3 Educate contractors and the development community. 15% 06/29/2012 6 Construction Site Stormwater Runoff 4.4 Develop Design Standards for Stormwater Runoff control measures 15% 06/29/2012 RETURN COMPLETED APPLICATION POSTMARKED NO LATER THAN FRIDAY, SEPTEMBER 3rd TO: Mary Schroer, Nebraska Department of Environmental Quality, PO Box 98922, Lincoln, Nebraska, 68509 Control 7 Post Construction Stormwater Management in New Development and Redevelopment 5.2 Develop BMP Inspection and plan Review Standard Operating procedure. 10% 06/29/2012 8 Pollution Prevention/Good Housekeeping for Municipal Operations 6.3 Evaluate municipal operations 10% 06/29/2012 9 Wet Weather Monitoring 7.2 BMP Assessment Monitoring 5% 06/29/2012 Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-228 WHEREAS, in 2005, the Environmental Protection Agency expanded the “pollutant discharge” portion of the Clean Water Act of 1977 to include storm water runoff from Nebraska communities with a population over 10,000; and WHEREAS, the City Of Grand Island was designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Community and was issued a storm water permit from the Nebraska Department of Environmental Quality; and WHEREAS, the City Of Grand Island has developed a Storm Water Management Plan (SWMP) in conformance with the storm water permit; and WHEREAS, the State of Nebraska allocated $2,500,000.00 in funding for metropolitan cities and counties and ten non-metropolitan cities with Storm Water permits; and WHEREAS, the City Of Grand Island, Nebraska is an eligible unit of a general local government authorized to file an application through the Nebraska Department of Environmental Quality for a grant to implement the Storm Water Management Plans (SWMPs) and is entitled to a minimum of $88,659.00 and no more than $464,999.00 from the State of Nebraska; and WHERAS, the City is requesting $464,999.00 with the required twenty percent (20%) match for the project provided by the City of Grand Island, Public Works Department; and WHEREAS, the Nebraska Department of Environmental Quality is taking applications until September 3, 2010. 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 apply for funding from the Nebraska Department of Environmental Quality, for the Storm Water Management Plan Program Grant. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute such grant application and other documentation on behalf of the City Of Grand Island for such grant purposes. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-229 - Approving Change Order Number 2 for Primary Clarifier Mechanism Replacement Project at the Wastewater Treatment Plant Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 24, 2010 Subject: Approving Change Order Number 2 for Primary Clarifier Mechanism Replacement Project at the Wastewater Treatment Plant Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background The Wastewater Division of the Public Works Department on November 9, 2009 presented by resolution number 2009-293, to the City Council of Grand Island for approval, an agreement with the contracting firm, Oakview Construction, Inc. of Red Oak, Iowa in the amount of $602,400.00 for construction project WWTP-2010-2 Primary Mechanism Replacement at the Wastewater Treatment Facility. On January 12, 2010, by resolution number 2010-14 the Grand Island City Council approved Addendum Number 1 in the amount of $290.00 for furnishing property insurance for the project. On May 11, 2010, by resolution number 2010-126 the Grand Island City Council approved Change Order Number 1 in the amount of $17,515.00 for additional concrete repairs to the primary clarifier effluent boxes and troughs. Discussion This grit basin system remove s grit before it enters the primary clarifiers. There is a building above the grit basins where the environment is hard on the almost 50 year old concrete. When dewatering the grit chambers, it was discovered that the concrete had degraded to the point that the structural integrity of the building above the chambers could be jeopardized. Both grit chambers are in need of repair. Change Order Number 2 covers additional repairs for the overhang associated with the grit basin system. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to execute Change Order Number 2 with Oakview Construction, Inc. of Red Oak, Iowa. 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 and the engineering firm Black & Veatch recommend that the Council pass a Resolution approving Change Order Number 2 to Oakview Construction, Inc. of Red Oak, Iowa on the primary clarifier mechanism replacement project. Sample Motion Move to approve Change Order Number 2 for the Primary Clarifier Mechanism Replacement project. CITY OF GRAND ISLAND, NEBRAKA WASTEWATER TREATMENT PLANT PRIMARY CLARIFIER MECHANISM REPLACEMENT PROJECT ____________________ CITY PROJECT WWTP-2010-2 BLACK & VEATCH PROJECT NO.165278 CHANGE ORDER NO. 2 Change Order No. 2 covers additional concrete repair needed for the underside of the deck of the grit chamber basins, which resulted in an increase in material and consequentially an increase in price. With the lowering of the water levels in the grit chambers, it was determined that the underside of the concrete deck that covers the grit chambers had degraded to the point that repair was needed to maintain that integrity. This repair is needed for both grit chambers associated with primary clarifiers No. 1 and No. 2. This will result in a quantity increase in material and additional work that was not covered under the original contract. The summary of the work to be performed and the total price for both grit chambers is included below. Grit Chamber Repairs When the grit chamber water level was decreased to divert the flow to the other primary clarifier for the project, an inspection of this chamber was performed. This inspection showed that the concrete on the deck that overhangs the chambers is in need of repair due to the exposure of this deck to hydrogen sulfide. There is significant spalling of concrete that has taken place and has exposed the aggregate, thereby furthering potential corrosion. This work was not a part of the original contract and should be completed under this contract. The price for the work in Change Order #2 was reached using the same unit prices as Change Order #1. CITY OF GRAND ISLAND, NEBRAKA WASTEWATER TREATMENT PLANT PRIMARY CLARIFIER MECHANISM REPLACEMENT PROJECT ____________________ CITY PROJECT WWTP-2010-2 BLACK & VEATCH PROJECT NO.165278 SUMMARY CHANGE ORDER NO. 2 The Contract Price shall change as follows as a result of the additional work to be done as described below. · Mask and protect adjacent surfaces · Sandblast concrete to a sound surface · Cleanup sand for City to remove · Patch spalling in concrete with Tnemec Series 217 patch · Patch remainder with Tnemec Series 218 Patch (mortar clad) · Apply one (1) coat of Tnemec 434 @ 1/16” thick · Apply 40 mils. Of Tnemec 435 perma glaze ORIGINAL CONTRACT PRICE $602,400.00 ADDENDUM #1 $290.00 CHANGE ORDER #1 $17,515.00 CHANGE ORDER #2 $16,112.00 REVISED CONTRACT PRICE $636,317.00 There is no change in the contract time as a result of this change order. This change order includes all costs, direct, indirect, and consequential, and all changes in Contract Time arising from the work included in the items for Change Order No. 2. All other provisions of the contract remain unchanged. Recommended: Approved: Black & Veatch Corporation City of Grand Island By:_______________________________ By:_____________________________ Project Manager Mayor Date:_____________________________ Date:___________________________ Approved: Attest: Oakview Construction, Inc. City of Grand Island By:______________________________ By:___________________________ Date:____________________________ Date:_________________________ Approved as to Form ____________ August 24, 2010 City Attorney Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-229 WHEREAS, on November 9, 2009, by Resolution Number 2009-293, the City Council of Grand Island approved a $602,400.00 contract with Oakview Construction, Inc. of Red Oak, Iowa for Project WWWTP-2010-2 Primary Clarifier Mechanism Replacement at the City of Grand Island Waste Water Treatment Plant; and WHEREAS, by Resolution Number 2010-14 on January 12, 2010, the City Council of Grand Island approved Addendum Number 1 with Oakview Construction, Inc. in the amount of $290.00 for furnishing property insurance for the project; and WHEREAS, by Resolution Number 2010-126 on May 11, 2010, the City Council of Grand Island approved Change Order Number 1 for the amount of $17,515.00 for additional concrete repairs to the effluent boxes and troughs for the primary clarifiers; and WHEREAS, change Order Number 2 for additional concrete repairs to the grit basin chambers, is for the amount of $ 16,112.00; and WHEREAS, with the inclusion of the above modifications to the contract the revised contract price is $636,317.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order Number 2 with the contracting firm, Oakview Construction, Inc. of Red Oak, Iowa, in the amount of $16,112.00 for Project WWTP- 2010-2 Primary Clarifier Mechanism Replacement is hereby approved BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a change order for such work on behalf of the City of Grand Island. ---- Adopted by the City Council of the City of Grand Island, Nebraska, on August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-230 - Approving Amendment Number 1 to Agreement for Consulting Engineering Services on the Aeration Basin Project at the WWTP Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 24, 2010 Subject: Approving Amendment Number 1 to Agreement for Consulting Engineering Services on the Aeration Basin Project at the WWTP Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background There are 4 basins for a total of 10.8 million gallons of aeration capacity located towards the eastern edge of the plant. The aeration basins at the Wastewater Treatment Plant are part of the secondary biological treatment process. The aeration basins use bacteria in the activated sludge process to remove organic material and solids, and perform biological nutrient removal to lower ammonia & nitrogen levels in the plant effluent. Blowers supply the air to the process that provides the oxygen to the bacteria. Diffusers are used in the aeration basin to efficiently transfer the oxygen from the air, to the wastewater, and then to the bacteria. The schedule for the aeration basin improvement project is based on the Nebraska Department of Environmental Quality (NDEQ) discharge permit requirements for both the City and JBS and the need to replace aging blowers and diffusers that have reached the end of their useful life. The Request For Proposals (RFP) for consulting engineering services on the aeration basin project included a proposed scope of services and fees for design engineering as well as for services during construction. The intent was to enter into an initial agreement for design services with an amendment for construction phase services upon completion of the design. The scope of services during construction was to be estimated at proposal time ($398,000.00) and negotiated after design is comp lete when the scope, size and complexity of the aeration basin improvement project are finalized. The initial agreement with consulting engineering firm Black & Veatch was approved on October 13, 2009 by the city council to perform professional engineering services related to the aeration basin improvement project. The initial agreement provided for a scope of services that would take the project from preliminary design through the bidding process with work performed at actual costs with a maximum of $384,000.00. JBS is moving forward with construction of additional industrial pre-treatment facilities. This decision was made following Black & Veatch’s delivery of the 50% complete drawings and specifications, requiring reevaluation of the process design, changes to the schematic design, and rework of final design that had already been completed. The proposed JBS facilities also changed the focus of the Wastewater Comprehensive Plan away from anaerobic digesters to a focus on projects like the aeration basin improvements, bar screens, and the north sanitary sewer interceptor on the collection system. The design on the aeration basin project is almost complete and additional consulting services are required to complete and bid the design package and perform services during construction. Discussion City staff has met with the consultant a number of times to negotiate the details of the design package and the scope of services needed to complete the project and meet deadlines. The negotiated scope includes: Project Administration Progress Reporting Trend Management Supplemental Schematic Design Process Design Mechanical Design Instrumentation and Controls Design Electrical Design Opinion of Costs Revise Design Memorandum Supplemental Final Contract Documents Redesign Plans and Specifications for Mixers Revise Contract Documents for Evaluated Bids Supplemental Bid Phase Services Blower Evaluation Construction Phase Services Project Administration Preconstruction Conference Revision based on blower selection Shop Drawing Review Operation and Maintenance Manual General Construction Phase Services Configuration Services Project Completion Documents Record Drawings Standard Operating Procedures Manual Process Commissioning Services Resident Services During Construction Site Observation and Liaison with City Outside Liaison Meetings, Reports and Document Review Assistance in Certification of Substantial Completion Task 1 - Schematic Design Phase The reduced loading from JBS will require revisions and resubmittal of the Design Memorandum to NDEQ. It will also allow the size of the blowers for the aeration basin project to be decreased. The reduced size of the blowers allows for the addition of mixers to the aeration basin project within the original budget. The mixers will help control oxygen concentrations in the basins, optimize nitrate removal, and lower total nitrogen in the discharge. While there are currently no discharge limits for nitrates, the discharge from the plant has historically averaged 10 to 12 parts per million (ppm) and is now averaging just over 30 ppm. This is a result of changes in the JBS loading to the plant that has occurred over the past six months. Adding the mixers to the aeration basin project will save considerable cost over adding the mixers as a future and separate project. Adding the mixers now will also help reduce the nitrate level in the plant discharge now, instead of in the future. The increase in estimated cost for revisions to the Design Memorandum and the additional design work for smaller blowers and adding the mixers is $34,300.00. Task 4 - Final Contract Documents and Design The bid specifications will be revised to allow for smaller blowers and the addition of mixers. The contract documents must be modified to provide for guidelines under which alternative blowers could be specified. The estimated cost for the blowers as part of the bid package is well over $0.5 million dollars. The original design for the project was based on a Turblex blower. The bid specifications will be changed to allow bids for an alternative blowers manufactured by Howden. The allowance for alternatives will open the project to more competition between blower manufacturers. The increase in estimated cost for the additional contract document work is $66,900.00. Task 5 - Bidding Phase Services Bidding documents will be set up to allow for an evaluated bid of blower manufacturers considering costs, efficiency, experience, and support services. For this reasons the level of effort to evaluate the bids was increased. The increase in estimated cost for the additional evaluation work is $8,870.00. Task 6 & 7 – Construction Phase Services and Resident Inspection Services The original proposal included $398,000 for the services. The negotiated agreement for the work is $500,930.00 at an increase of $102.930.00 from the original proposal. The bulk of the increase ($93,905.00) is due to changes in the scope of the project related to: 1. Instrumentation & control work being performed by the Engineer instead of the Contractor at an estimated cost of $25,920. 2. Work related to alternative blower selection for foundation design, discharge piping, silencer modifications, piping supports and HVAC at an estimated cost of $38,278.00. 3. The city requested that the engineer provide a standard operating procedures manual for the system at an estimated cost of $24,478.00. 4. The city also requested that the engineer provide services for commissioning the newly installed blowers to avoid warranty and operational problems during and after start-up at an estimated cost of $5,229.00 Copies of amendment number 1 as well as attachments A, B & C are attached to this memo for reference. The agreement provides for work to be performed at actual costs with a maximum of $611,000.00 for an amended total agreement of $995,000. The project remains under the total budget with the reduction in blower size, allowance for alternative blowers, addition of mixers, and increase in the engineering services agreement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action - Public Works Administration recommends against the option of taking no action. If the project is delayed, the construction and delivery time table for the blowers will negatively impact the City’s ability to work with JBS to meet the NDEQ’s October 2011 permit schedule . Recommendation City Administration recommends that the Council approve Amendment Number 1 to the professional services agreement with Black & Veatch for the consulting engineering services on the Aeration Basin project. Sample Motion Move to approve Amendment Number 1 with Black & Veatch. Grand Island, Nebraska Amendment No. 1 A1-1 8/20/2010 AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA AND BLACK & VEATCH CORPORATION THIS AMENDMENT NO. 1 modifies the Agreement between the City of Grand Island , Nebraska (OWNER) and Black & Veatch Corporation (ENGINEER) dated November 30, 2009 (Agreement). WHEREAS, the Agreement authorized ENGINEER to provide engineering services in connection with the Aeration Basin Improvements at the OWNER’s Wastewater Treatment Facility; and, WHEREAS, OWNER wishes to authorize ENGINEER to perform additional services and extend the duration of the project, as provided in ATTACHMENT A of AMENDMENT NO. 1; WHEREAS, OWNER and ENGINEER agree that such changes to scope of services and project schedule will result in a net increase in the maximum not to exceed cost to the OWNER, as provided in ATTACHMENT B of AMENDMENT NO. 1; NOW THEREFORE, the terms and conditions of the Agreement are as modified as specifically set forth herein. All other provisions of the Agreement, to the extent not inconsistent with this Amendment, remain in full force and effect. EFFECTIVE DATE The effective date of this Amendment No. 1 shall be ____________________, 2010. MODIFICATIONS 1. Amendment No. 1 Attachment “A”, Scope of Services shall supplement Attachment “A” in the original agreement. 2. Replace Attachment “B”, Compensation with Amendment No. 1 Attachment “B”, Compensation of Hourly Billing Rates. 3. Replace Attachment “C”, Schedule of Hourly Billing Rates with Amendment No. 1 Attachment “C”, Schedule of Hourly Billing Rates. Grand Island, Nebraska Amendment No. 1 A1-2 8/20/2010 IN WITNESS WHEREOF, OWNER and ENGINEER have executed this Amendment No. 1. BLACK & VEATCH CORPORATION (ENGINEER) By __________________________________ Date _________________________ Michael G. Orth Title ______Vice President__________________ CITY OF GRAND ISLAND, NEBRASKA (OWNER) By __________________________________ Date __________________________ Margaret Hornady, Mayor Attest: __________________________________ Date __________________________ RaNae Edwards, City Clerk The contract is in due form according to law and is hereby approved. __________________________________ Date __________________________ Jason Eley, Assistant City Attorney Grand Island, Nebraska Attachment “A” 1 08/03/2010 AMENDMENT NO. 1 ATTACHMENT A – TO STANDARD AGREEMENT FOR PROFESSIONAL SERVICES City of Grand Island – Consulting Engineering Services for Aeration Basin Improvements Scope of Services – Aeration Basin Improvements General This scope of work describes the services to be rendered by Black & Veatch (the “ENGINEER”) to the CITY of Grand Island (the “CITY”) for the design of the aeration basin improvements project at the Grand Island Wastewater Treatment Plant (WWTP). The original scope of services included schematic design, final design, and bid phase services. The original scope also anticipated combining the Aeration Basin Improvements with the anaerobic digestion improvements project to be bid on a lumps sum basis by general contractors. This amendment includes supplemental design services and construction phase services for the aeration basin improvements. With the postponement of the anaerobic digestion improvements project, the aeration basin improvements project will be bid as a stand alone project on a lump sum basis. Project Information Project Title: Aeration Basin Improvements for the Grand Island WWTP (the “PROJECT”) Objective: The main objective of the project remains unchanged. The CITY requires the replacement of two (2) existing multi-stage aeration blowers with two (2) new single-stage aeration blowers, associated modifications within the blower building, and replacement of existing ceramic diffusers with membrane diffusers. The controls for the new single-stage blowers will be integrated with the controls for the two (2) remaining multi-stage units, and all four blowers will work as a system. The design criteria and the objective to maximize the nitrification capacity of the WWTP have changed with the announcement that JBS will be constructing additional pretreatment facilities. The facilities proposed by JBS to treat their effluent to “domestic” strength will significantly reduce influent BOD, TSS, and ammonia loadings to the Grand Island WWTP, requiring modifications to the design criteria established for the project. The revised design will focus on providing sufficient capacity to match current JBS contributions, while providing turndown capacity to meet future reduced loadings when the additional JBS pretreatment facilities are placed in operation. Mixers will also be added to the aeration basins to improve denitrification and help reduce effluent nitrates. In addition to the changes associated with JBS, the City has requested that the single-stage blowers be competitively bid versus a sole-source arrangement assumed in the original agreement. Following revisions to the Design memorandum and Contract Documents, the project will be submitted to the Nebraska Department of Environmental Quality (NDEQ) for review and approval. The ENGINEER will complete the services described herein, including the services included in the original agreement, within six hundred and sixty (670) days based on notice to proceed by August 17, 2010. Grand Island, Nebraska Attachment “A” 2 08/03/2010 This schedule assumes that documents will be provided to CITY seven (7) working days before major scheduled milestone review workshops, that all CITY review comments will be received within a reasonable time frame after the workshops, and that documents will be reviewed and approved by the NDEQ within 2 months. The CITY system goals for the PROJECT continue to be proven technology, noise reduction, flexible output, reliable/low maintenance, sustainable life cycle cost, utilization of existing structures, cost effective equipment, and control of odors will be achieved by ENGINEER as described below: Project Administration and Controls: The ENGINEER will provide ongoing direction and management of the PROJECT. Review staffing, budget, progress, and quality of work throughout the course of the PROJECT for ENGINEER and subcontractors. Provide PROJECT status reports to the CITY with each invoice and at the completion of each major phase of the project. 1. Progress Reporting: The progress report accompanying each invoice shall include an updated schedule, summary of work completed, outstanding project issues, potential scope adjustments, and a comparison of work completed compared against the invoiced amount. 2. Trend Management: In the event there is consideration to change the scope of the PROJECT, the ENGINEER shall develop and present a Potential Scope Adjustment (PSA) document which itemizes the potential change(s) in scope, details the anticipated cost impact on both the ENGINEER’s work as well as for the PROJECT’s construction, and indicates any anticipated changes in the initial PROJECT’s schedule. The CITY will provide direction to ENGINEER on the implementation of any PSAs and both parties will endeavor to negotiate an amendment to the task. The approval of all PSAs, schedule, and compensation shall be authorized in resolution form by the Mayor and Council of the City of Grand Island prior to notice to proceed. Project Location: The PROJECT site is the Grand Island WWTP in Grand Island, Nebraska. Work Tasks ENGINEER will perform the following specific tasks as part of this Scope of Services: Task 1 – Schematic Design Phase – (As included in the original Agreement and supplemental herein.) Supplemental Schematic Design Phase Compensation: $ 34,300.00 Objective: Revise basis of design criteria including code requirements, process schematics, equipment sizing, materials of construction, and preliminary floor plan as required to account for the reduced JBS loading to the plant, resulting modifications to blower and aeration system sizing, and addition of aerated zone mixers. Grand Island, Nebraska Attachment “A” 3 08/03/2010 Subtasks: 1. Process Design: Revise the design criteria for the aeration system including oxygen demand requirements, associated treatment capacities, capacity of existing diffused aeration system equipped with membrane diffusers, and the need for any modifications to the existing aeration diffuser grids. Define mixing energy required in Aerated Zone 3 to minimize dissolved oxygen carry-over from the aeration basins. 2. Process Mechanical Design: a. Determine revised blower design conditions, define equipment sizing criteria, and develop floor plan. b. Determine design criteria to allow a competitive evaluated bid between single-stage blower manufactures (Turblex and Howden) c. Size anoxic zone mixers as required to maintain solids in suspension and minimize dissolved oxygen in the aeration basin recycle. Coordinate mixer locations, hoist locations, and maintenance access requirements. 3. Instrumentation and Controls Design. a. Revise major process P&IDs to reflect process modifications and aeration basin mixers. b. Revise control schematics, wiring, and PLC I/O schedules to reflect addition of mixers. c. Discuss with CITY Staff existing control philosophies and levels of automation to determine control philosophies for new facilities. 4. Electrical Design. a. Estimate load conditions for additional new facilities and determine power distribution requirements. It is assumed that the existing power supply to the Building No. 13 will be sufficient to power mixers and future recycle pumps, and that electrical design will include a new MCC and power distribution from the MCC to the equipment. 5. Prepare Preliminary Opinion of Probable Construction Cost. Update the preliminary opinion of probable construction cost for the addition of the aeration basin mixers. ENGINEER will use past project experience and internal cost information to develop opinion of cost. 6. Revise Design Memorandum. Summarize the new and revised design criteria developed in the Schematic Design Phase in a draft Design Memorandum and submit ten (10) copies to the CITY for review. Conduct a conference call with City staff to review the document and obtain any comments. Revise the Design Memorandum based on CITY comments and submit ten Grand Island, Nebraska Attachment “A” 4 08/03/2010 (10) hardcopies and two (2) electronic copies in PDF format to the City. Submit two (2) copies of the final Design Memorandum to NDEQ for review. The Design Memorandum will include: · Design criteria established in the schematic design documents. · Preliminary facility layouts, including plan and major cross-section. · Conceptual structural design descriptions of facilities. · Conceptual site layouts · Process and instrumentation diagrams (P&IDs) of major systems. The following P&IDs are anticipated: o Aeration blowers. o Aeration basins o Air distribution system. o Control system block diagram. · Preliminary power distribution functional diagram. · Equipment lists (with preliminary process equipment information and control functions) and tagging conventions. · Regulatory and local (City of Grand Island) code requirements. · Preliminary cost opinion for recommended work. · Implementation schedule for design, bidding, and construction. Task 2 – 50% Contract Document Development – (As included in the original agreement) Intermediate design milestones will not be provided for the supplemental design elements. All modifications will be incorporated in the final contract documents. Task 3 – 90% Contract Document Development – (As included in the original agreement) Intermediate design milestones will not be provided for the supplemental design elements. All modifications will be incorporated in the final contract documents. Task 4 – Final Contract Documents – (As included in the original Agreement and supplemental herein.) Supplemental Final Contract Documents Compensation: $ 66,900.00 Objective: Finalize contract documents for the construction of the PROJECT by single General Contractor bidding on a lump sum basis. Subtasks: Grand Island, Nebraska Attachment “A” 5 08/03/2010 1. Contract Plans and Specifications. Incorporate revisions to the design criteria into the final contract documents including modifications to the blower size, valve and pipe sizes, and diffuser design. Incorporate aerated zone mixers into the existing drawings and provide required specifications. Revise contract documents to allow a competitive bid between Turblex and Howden for supply of the single-stage blowers. It is envisioned that the bid form will be modified to require the General Contractor to list capital, maintenance, and operating costs, along with experience to allow for a overall comparison of the two pieces of equipment. Submit four (4) sets of documents including specifications, half size, and full sized plans, two (2) electronic copies in PDF format, and two (2) electronic copies of the drawings in AutoCAD 2008 format. Task 5 – Bidding Phase Services – (As included in the original Agreement and supplemental herein.) Supplemental Bidding Phase Services Compensation: $ 8,870.00 Objective: Provide bidding phase support services to the CITY during advertisement of the Aeration Basin Improvements project. One set of documents will be created for the project to be bid as a single contract. The Anaerobic Digestion Improvements will be bid as a separate project in the future in lieu of combing with the Aeration Basin Improvements project as indicated in the original agreement. Subtasks: Blower Evaluation Support. Review pricing, operating costs, total present worth, and experience of Turblex and Howden blowers submitted with apparent low bid. Review observations with CITY and prepare recommendation letter. Task 6 – Construction Phase Services Bidding Phase Services Compensation: $ 342,500.00[c1] Objective: Provide construction phase services to the CITY through the duration of construction. Construction is anticipated to require seventeen (17) months to complete from Notice to Proceed to Final Completion. Subtasks: 1. Project Administration and Control. a. Review and comment on the CONTRACTOR's initial and updated construction schedule, and advise CITY as to acceptability. Analyze the CONTRACTOR's construction schedule, activity sequence, and construction procedures as applicable to CITY's ability to Grand Island, Nebraska Attachment “A” 6 08/03/2010 keep existing facilities in operation. ENGINEER will review up to sixteen (16) construction schedules. b. Review the CONTRACTOR's initial schedule of estimated monthly payments and advise CITY as to acceptability. ENGINEER will review up to two (2) monthly payment schedules. c. Review the CONTRACTOR's initial schedule of values and advise CITY as to acceptability. ENGINEER will review up to two (2) initial schedules of values. d. Review the CONTRACTOR's initial submittal schedule and advise CITY as to acceptability. ENGINEER will review up to two (2) initial submittal schedules. e. Review the CONTRACTOR's monthly applications for payment and advise CITY as to acceptability. ENGINEER will review up to seventeen (17) monthly payment requests or applications for payment. f. Make periodic visits to the construction site at stages appropriate to the progress of construction to observe the progress and quality of the work, and advise the CITY and the CONTRACTOR concerning problems or deficiencies observed and concerning progress of the work. A total of fifteen (15) site visits are anticipated to be made by ENGINEER or its subcontractor. g. Receive and review certificates of inspection and tests, which are to be assembled by the CONTRACTOR in accordance with the Construction Contract Documents and transmit them to CITY. ENGINEER will review up to twenty (20) test reports. 2. Preconstruction Conference. At a date and time selected by CITY and at a facility provided by CITY, attend the preconstruction conference and assist CITY during the conference. The preconstruction conference will include a discussion of the CONTRACTOR's tentative schedules, procedures for transmittal and review of the CONTRACTOR's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the CONTRACTOR's responsibilities for safety and first aid. 3. Redesign and Review for Howden Blowers. In the event that Howden is selected as the blower most advantageous to the City, revisions to the improvements in the blower building will need to be reviewed and may require revisions. The bid documents will be based on the Turblex equipment, and require the Contractor to be responsible for all costs associated supply Howden. ENGINEER will review all proposed modifications by the Contractor and provide an independent review to confirm the Contractor has addressed all modifications appropriately. 4. Shop Drawings Review. Review drawings and other data submitted by each Contractor as required by the construction contract documents. ENGINEER’s review shall be for general conformity to the construction contract documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, Grand Island, Nebraska Attachment “A” 7 08/03/2010 sequences, or procedures of construction, or to safety precautions and programs incident thereto. Submittals shall be limited to one original submittal and one resubmittal per section or item. Costs for additional re-submittal reviews shall be borne by Contractor, as required by the contract documents. ENGINEER will review up to a total of one hundred (100) submittals (including re-submittals). 5. Operation and Maintenance Manual (O&M) Review. ENGINEER will review vendor- or manufacturer-prepared O&M manuals submitted by the CONTRACTOR as required by the Construction Contract Documents. ENGINEER’s review will be for general conformity to the Construction Contract Documents and will not relieve the CONTRACTOR of any of his contractual responsibilities. Such reviews will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. ENGINEER will review up to fifteen (15) vendor- or manufacturer-supplied O&M manuals under this AMENDMENT. 6. General Construction Phase Services. a. Interpret construction contract documents when requested by CITY or Contractor. b. Receive and review drawings and other data submitted by the Contractor as required by the construction contract documents. ENGINEER's review shall be for general conformity to the construction contract documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. c. ENGINEER will work with CITY to receive, review, and recommend approval, the Contractor’s monthly payment requests. Review shall be for the purpose of making a full independent mathematical check and evaluating the equity in progress of the Contractor’s payment request. d. Provide documentation and administer the processing of change orders, including applications for extension of construction time. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of CITY. e. Work related to unusually complex or unreasonably numerous claims are covered in Supplemental Services. f. Act on claims of CITY and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. Services related to legal claims including but not limited to preparation of legal documents, depositions, and testimony are not included in this scope of work and are considered a supplemental service. Grand Island, Nebraska Attachment “A” 8 08/03/2010 g. Performance testing of equipment will be performed and supported by Contractor and equipment supplier as required by Contract Documents. ENGINEER will not be involved in performance or startup testing without written notice from OWNER and agreement of hours to be used from OWNER’s allowance. 7. Configuration Services. a. Provide PLC programming to add required HMI interface logic in blower PLCs. b. Provide existing plant SCADA HMI programming to mimic blower supplier graphical user interface functions. c. Provide SCADA HMI tending, alarming, and reporting per plant SCADA standards. d. Provide PLC/HMI programming of new mixers. e. The work associated with this task is based on the following assumptions: 1. One system overview graphic 2. Seven control pop-up graphics 3. One day pre-startup on-site visit 4. Eight days installation and startup 5. Two startup trips 8. Project Completion. a. Upon substantial completion, inspect the construction work and prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit results of the inspection to CITY and the Contractor. b. Upon completion or correction of the items of work on the punch-list, conduct a final inspection to determine if the work is completed. c. Provide warranty inspection, thirty (30) days prior to warranty expiration notify owner and establish, document, review and establish measures for correction. 9. Record Drawings. Upon completion of the project, revise the construction contract drawings to conform to the construction records. As required, each drawing shall be modified based upon field mark ups of the contract drawings provided by the Contractor and CITY. Submit to the CITY drawings on a CD as electronic images (AutoCAD). Each drawing shall be identified by a unique sheet number. 10. Standard Operating Procedure Manual. Prepare a written Operations Manual that covers control of the aeration system. The written Operations Manual shall follow a Unit Process Control Protocol (UPCP) format and provide electronic links to manufacturer’s O&M Manuals and Record Drawings using Adobe software. The Manuals shall contain information for each key area segment identified below: Grand Island, Nebraska Attachment “A” 9 08/03/2010 a. System Description – The System Description is on operator-centric description of the system or process with the objective of “connecting” the upstream and downstream process specific to the facility. The System Description is not a detailed narrative and it is assumed that the operator understands how to start and stop the equipment or will have access to the equipment O&M manual provided by the equipment manufacturer. b. Key Performance Indicators – The Key Performance Indicators are an operator-centric description and/or table of the process setpoints with the objective of providing site specific/process specific directions. c. Normal Valve Operating Positions – The Normal Valve Operating Positions will provide a table defining the “normal” flow path through the system process. d. Process Control Troubleshooting – The Process Control Troubleshooting will provide an operator-centric description of the system or process with the objective of providing site specific process control troubleshooting information using flowcharts and/or tables. The Process Control Troubleshooting guide will not generally address equipment troubleshooting and assumes that equipment troubleshooting information will be accessible by the operator through the equipment O&M manual. Engineer shall present two (2) preliminary copies of the Engineer prepared O&M manuals to City for review. Following City’s acceptance of the preliminary Engineer prepared O&M manuals, Engineer will update the preliminary O&M manuals with finalized material and provide two electronic copies and two (2) hard copies of the Engineer prepared O&M manuals to the City. 11. Process Commissioning Services. Engineer shall provide onsite operation consultation, to consult on optimizing the aeration basin operation. Update the Facility Operations Manual, as necessary, for individual unit processes and/all the overall plant operation based on the results of the optimization efforts. Engineer will provide for up to 16 hours of commissioning services on site. Task 7 – Resident Services During Construction Resident Services During Construction Compensation: $ 158,430.00 Objective: Provide on-site resident inspection services during construction to observe construction activities on behalf of the CITY. Subtasks: 1. Site Observation and Liaison with CITY and CONTRACTOR. Grand Island, Nebraska Attachment “A” 10 08/03/2010 a. Conduct onsite observations of the general progress of the work to assist ENGINEER in determining if the work is proceeding in accordance with the Construction Contract Documents. A total two thousand one hundred (2,100) hours are anticipated for the resident Project Representative during the anticipated seventeen (17) months of construction from Notice to Proceed to Final Completion. b. Serve as ENGINEER's liaison with the CONTRACTOR, working principally through the CONTRACTOR's superintendent, and assist ENGINEER in providing interpretation of the Construction Contract Documents. Transmit ENGINEER's clarifications and interpretations of the Construction Contract Documents to the CONTRACTOR. c. Assist ENGINEER in serving as CITY's liaison with the CONTRACTOR when the CONTRACTOR's operations affect CITY's onsite operation. d. As requested by ENGINEER, assist in obtaining from CITY additional details or information when required at the jobsite for proper execution of the work. e. Report to ENGINEER, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the CONTRACTOR's work and relating to compliance with drawings, specifications, and design concepts. f. Advise ENGINEER and the CONTRACTOR or its superintendent immediately of the commencement of any work requiring a submittal or sample submission if the submission has not been accepted by ENGINEER. g. Monitor changes of apparent integrity of the site (such as differing subsurface and physical conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction-related activities. h. Observe pertinent site conditions when the CONTRACTOR maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Review and analysis of the CONTRACTOR's claims for differing subsurface and physical conditions are not included in this AMENDMENT. i. Verify that the CONTRACTOR has contacted utilities in the general construction area and advised them of CONTRACTOR's schedule. Assist in coordinating scheduling of utility activities to minimize conflicts with CITY's activities. j. Establish and furnish the CONTRACTOR with necessary baselines and control points, which will be used as datum for the work. Actual construction staking will be done by the CONTRACTOR. k. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies that do not conform to the Construction Contract Documents. Grand Island, Nebraska Attachment “A” 11 08/03/2010 l. Coordinate on-site materials testing services during construction. Copies of testing results will be forwarded to CITY and ENGINEER for review and information. m. Observe field tests of equipment, structures, and piping, and review the resulting reports commenting to ENGINEER, as appropriate. 2. Outside Liaison. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the names of the inspectors and the results of the inspections, and report to ENGINEER. 3. Meetings, Reports, and Document Review and Maintenance. a. Attend the preconstruction conference, and assist ENGINEER in explaining administrative procedures, which will be followed during construction. b. Schedule and attend monthly progress meetings, and other meetings with CITY and the CONTRACTOR when necessary, to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. c. Submit to ENGINEER, with a copy to CITY, periodic construction progress reports containing a summary of the CONTRACTOR's progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. d. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the CONTRACTOR, and consult with ENGINEER concerning their acceptability. e. Report to ENGINEER regarding work which is known to be defective or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; advise ENGINEER whether the work should be corrected or rejected, should be uncovered for observation, or require special testing, inspection, or approval. f. Review applications for payment with the CONTRACTOR for compliance with the established procedure for their submission, and forward them with recommendations to ENGINEER noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered to the site but not incorporated into the work. g. Record date of receipt of approved shop drawings and samples. Receive samples, when they re furnished at the site by the CONTRACTOR, and notify ENGINEER of their availability for examination. h. During the course of the work, verify that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the CONTRACTOR Grand Island, Nebraska Attachment “A” 12 08/03/2010 are applicable to the items actually installed; deliver Resident Project Representative’s field files to ENGINEER for his review and forwarding to CITY prior to final acceptance of the work. i. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the CONTRACTOR. This information will be combined with information from the record documents maintained by the CONTRACTOR, and a master set of documents conforming to construction records will be produced. j. Review certificates of inspections, tests, and related approvals submitted by the CONTRACTOR as required by laws, rules, regulations, ordinances, codes, orders, or the Construction Contract Documents, but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the Construction Contract Documents. This service is limited to a review of items submitted by the CONTRACTOR and does not extend to a determination of whether the CONTRACTOR has complied with all legal requirements. k. Maintain the following documents at the jobsite. i. Correspondence files. ii. Reports of jobsite conferences, meetings, and discussions among the ENGINEER, CITY, and CONTRACTOR. iii. Submittals, shop drawings, and samples. iv. Reproductions of original Construction Contract Documents. v. Addenda. vi. Change orders. vii. Field orders. viii. Additional drawings issued subsequent to execution of the Construction Contract Documents. ix. Progress reports. x. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. l. Maintain a diary or log book of events observed by the Resident at the jobsite, including the following information: i. Days the CONTRACTOR worked on the jobsite. ii. CONTRACTOR and subcontractor personnel on jobsite. iii. Construction equipment on the jobsite. iv. Observed delays and causes. v. Weather conditions. vi. Data relative to claims for extras or deductions. vii. Daily activities. viii. Observations pertaining to the progress of the work. ix. Materials received on jobsite. x. The diary or log book shall remain the property of ENGINEER. Grand Island, Nebraska Attachment “A” 13 08/03/2010 4. Assistance in Certification of Substantial Completion. a. Before ENGINEER issues a Certificate of Substantial Completion, submit to the CONTRACTOR a list of items observed to require completion or correction. b. Assist ENGINEER in conducting final inspection in the company of CITY and the CONTRACTOR, and prepare a final list of items to be completed or corrected. c. Verify that all items on the final list have been completed or corrected, and make recommendations to ENGINEER concerning acceptance. SUPPLEMENTAL SERVICES Any Work requested by CITY that is not included in one of the items listed in any other phase will be classified as supplemental services. Such services are as follows: 1. Additional meetings with local, State, or Federal agencies to discuss the PROJECT. 2. Additional appearances at public hearings or before special boards. 3. Supplemental Engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by CITY. 5. Revisions of design, drawings, and specifications arising from external Value Engineering Review which cause changes in the general scope, extent or character of the PROJECT, including but not limited to changes in size, complexity, CITY's schedule, character of construction, or method of financing. 6. An environmental assessment report and/or environmental impact statement as requested by CITY or required by review agencies. 7. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site. 8. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. 9. Conducting pilot plant studies and tests. 10. Changes in the general scope, extent, duration, or character of the project, including, but not limited to: a. Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of Grand Island, Nebraska Attachment “A” 14 08/03/2010 such studies, reports, documents, or designs; or are required by any other causes beyond ENGINEER's control. Grand Island, Nebraska Attachment “B” 1 08/05/2010 AMENDMENT NO. 1 ATTACHMENT B – TO STANDARD AGREEMENT FOR PROFESSIONAL SERVICES City of Grand Island – Consulting Engineering Services for Aeration Basin Improvements Compensation – Aeration Basin Improvements For the services covered by this Agreement, the CITY agrees to pay the ENGINEER as follows: 1. For services described in Attachment A, Scope of Services, an amount equal to the ENGINEER’s salary billings plus reimbursable expenses and subcontract billings. The maximum billed for these services shall not exceed Three Hundred and Eighty Four Thousand Dollars and no cents ($384,000.00) Nine Hundred and Ninety Five Thousand Dollars and no cents ($995,000.00) without further authorization. The maximum billed for each task shall not exceed the following amounts without further authorization: Task 1 – Schematic Design Phase $96,800 $131,100 Task 2 – 50% Contract Document Development $ 100,300 Task 3 – 90% Contract Document Development $104,700 Task 4 – Final Contract Documents $49,300 116,200 Task 5 – Bidding Phase Services $32,900 41,770 Task 6 – Construction Phase Services - $342,500 Task 7 Resident Inspection Services - $158,430 2. The schedule of hourly billing rates and charges by job classification is shown in Attachment C. 3. For supplemental services, an amount equal to the ENGINEER’s salary billings plus reimbursable expenses and subcontract billings. Each item of supplemental services shall be specifically authorized by the CITY, and a maximum billing limit shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. The schedule of hourly billing rates and charges by job classification is shown in Attachment C. 4. The ENGINEER agrees to use its best efforts to perform the services within the billing limit stated above and in accordance with the agreed upon performance schedules. If, at any time, the ENGINEER has reason to believe that the cost of the services will be greater than the billing limit, the ENGINEER shall promptly notify the CITY to that effect, giving a revised billing limit for performance of the services. Grand Island, Nebraska Attachment “B” 2 08/05/2010 5. Monthly payments shall be made to the ENGINEER by the CITY based on the ENGINEER's statement. The statement shall indicate the name of the individuals working on the project and the hours associated with each of their efforts. Each invoice shall be accompanied by a progress report prepared by ENGINEER's Project Manager. The report shall describe, in narrative form, the work accomplished during the period covered by the invoice and present a summary of the status of the project to-date. The summary shall address the project schedule, budget, and any significant changes in the scope of the work. In the event CITY disputes any invoice item, CITY shall give ENGINEER written notice of such disputed item within ten (10) days after receipt of such invoice and shall pay to ENGINEER the undisputed portion of the invoice according to the provisions hereof. 6. It is understood and agreed that the maximum billings is based on the start of the services being authorized not later than September 30, 2010November 30, 2009. If start of services is not authorized by the date given, it is understood and agreed that the maximum billing limit will be adjusted accordingly by a supplement to this Agreement. 7. It is understood and agreed: That the ENGINEER shall start the performance of services listed in Attachment A within ten days of receipt of notice to proceed. That the ENGINEER shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. Grand Island, Nebraska Attachment “C” 1 08/05/2010 AMENDMENT NO. 1 ATTACHMENT C – TO STANDARD AGREEMENT FOR PROFESSIONAL SERVICES City of Grand Island – Consulting Engineering Services for Design of Aeration Basin Improvements Schedule of Hourly Billing Rates and Charges – Aeration Basin Improvements 1. Compensation for personnel used in the performance of engineering services shall be in accordance with the following hourly billing rates. 2009/2010 Hourly Black & Veatch Classification Billing Rates Principal $255 Project Director/Manager – Derek Cambridge $199 Project Administration and Clerical $ 78 Project Accountant $ 78 Engineering Manager $171 Lead Civil Engineer $121 CAD Coordinator $155 CAD Technician $ 84 Architect QC/Admin $205 Architect $149 Architect Tech $103 Structural QC/Admin $177 Senior Structural Engineer $177 Structural Engineer $115 Senior Structural Technician $124 Structural Technician $84 Senior Process Mechanical Engineer $171 Process Mechanical Engineer $124 Senior Process Mechanical Technician $115 Building Mechanical QC/Admin $180 Senior Building Mechanical Engineer $165 Building Mechanical Engineer $115 Senior Building Mechanical Tech $121 Building Mechanical CAD $97 Project Facilitator Controls $177 Operations Specialist $162 Electrical QC/Admin $205 Electrical Engineer $137 Instrumentation & Controls Admin/QC $193 Grand Island, Nebraska Attachment “C” 2 08/05/2010 Senior Instrumentation & Controls Engineer $155 Operations Writer $81 Shop Drawings Admin $66 Shop Drawings Manager $140 Operations Graphics $97 Technical Editor $90 Process QC/Admin $227 Senior Process Engineer – Ed Kobylinski $213 Senior Operations Specialist $199 Process Engineer $124 Quality Control Engineer $170 Estimator $162 2. Compensation for reimbursable expense items and other charges incurred in connection with the performance of the work shall be in accordance with the following schedule: Expense Item Unit Cost Travel, Subsistence, and Incidental Expenses Net Cost Automobile/Motor Vehicles – Local Mileage $0.55/mile Automobile/Motor Vehicles – Rental Net Cost Telephone and Telegraph Costs * Reproduction of Reports, Drawings & Specifications Net Cost Postage & Shipping Charges of Job-Related Materials * Computer Services * Photograph and Video Reproductions Net Cost Sub-Consultant Fees Net Charge * Included in hourly miscellaneous expense charge of $8.75 per hour. 3. The Schedule of Hourly Billing Rates and Charges indicated herein is effective for service in 2010 and 2011. The Schedule of Hourly Billing Rates and Charges will be revised and re- issued in March of subsequent years. R E S O L U T I O N 2010-230 WHEREAS, on October 13, 2009, by Resolution 2009-264, Black & Veatch Corporation of Kansas City, Missouri was awarded the agreement for engineering services for Aeration Basin Improvements at the Wastewater Treatment Plant, with design work to be performed at actual costs with a maximum amount of $384,000.00; and WHEREAS, city staff has negotiated amendment number 1 with the consulting engineering firm Black & Veatch of Kansas City, Missouri to provide for additional design services as well as construction engineering services for the project; and WHEREAS, the negotiated amount of amendment number 1 is $611,000.00 based on a negotiated scope of services with work to be performed at actual costs for an amended agreement total of $995,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment with the consulting engineering firm Black & Veatch of Kansas City, Missouri for engineering services for Aeration Basin Improvements at the Wastewater Treatment Plant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute amendment number 1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ August 20, 2010 ¤ City Attorney Item I1 #2010-231 - Consideration of Request from Q-Mex GI, LLC dba Qdoba, 1010 Diers Avenue, Suite 1 for a Class “I” Liquor License and Liquor Manager Designation for Connie Westfall, 2003 West Division Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ August 20, 2010 ¤ City Attorney R E S O L U T I O N 2010-231 WHEREAS, an application was filed by Q-Mex GI, LLC doing business as Qdoba, 1010 Diers Avenue, Suite 1 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 August 14, 2010; such publication cost being $14.73; and WHEREAS, a public hearing was held on August 24, 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 Bonnie Westfall, 2003 West Division 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, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2010-232 - Consideration of Request from Nickie J. Kallos, Jr. dba Nickie’s Lounge, 106-108 East 3rd Street for a Class “C” Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-232 WHEREAS, an application was filed by Nickie J. Kallos, Jr., doing business as Nickie’s Lounge, 1060198 East 3rd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 14, 2010; such publication cost being $15.18; and WHEREAS, a public hearing was held on August 24, 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: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2010-233 - Consideration of Resolution Directing Property Owner to Repair Sidewalk at 503 E Yund Street Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 24, 2010 Subject: Resolution Directing Property Owner to Repair Sidewalk at 503 E Yund Street Item #’s: I-3 Presenter(s): Steven P. Riehle, Public Works Director Background On October 19, 2009 a letter was sent to the property owner concerning necessary repairs to the sidewalk at 503 E Yund Street (Fractional Lot 4, Block 151, Union Pacific Railway Co's Second Addition to the City of Grand Island, Hall County, Nebraska). The letter stated these repairs needed to be made by November 3, 2009 to prevent accident or injury to citizens using the sidewalk. The property owner was given time to get the work completed within a reasonable construction timeframe, but no action has been taken. A final letter was sent to the property owner on July 22, 2010 advising them that council would consider a resolution ordering them to install the sidewalk at the August 24, 2010 council meeting. Section 32-58 of the City Code and Section 16-662 R.S. Nebraska Statues, make the property owner responsible for repairing sidewalks adjacent to their property. Discussion The Public Works Department is requesting that a resolution be passed giving the property owner 15 days to obtain the sidewalk permit and 15 days from issuance of such permit to complete the repairs of the sidewalk at 503 E Yund Street (Fractional Lot 4, Block 151, Union Pacific Railway Co's Second Addition to the City of Grand Island, Hall County, Nebraska), as this is a public safety concern. If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs 15 days after such permit is issued, the City of Grand Island will take steps to make the necessary repairs with all costs being the responsibility of the property owner. 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 a resolution directing the property owner to obtain a permit within 15 days and repair the sidewalk located at 503 E Yund Street (Fractional Lot 4, Block 151, Union Pacific Railway Co's Second Addition to the City of Grand Island, Hall County, Nebraska) within an additional 15 days. Sample Motion Move to approve a resolution directing the property owner to obtain a sidewalk permit and repair the sidewalk. Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-233 WHEREAS, the City has the authority under Neb. Rev. Stat., §16-662, to direct the repair and replacement of sidewalks by owners of the abutting property; and WHEREAS, the sidewalk abutting 503 E Yund Street, legally described as Fractional Lot 4, Block 151, Union Pacific Railway Co’s Second Addition to the City of Grand Island, Hall County, Nebraska, has been determined to be in need of repair and replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to the property owner to obtain a sidewalk permit within 15 days and within 15 days of such permit issuance to make the necessary repairs to the sidewalk abutting the property located at 503 E Yund Street (Fractional Lot 4, Union Pacific Railway Co’s Second Addition to the City of Grand Island, Hall County, Nebraska). If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs within 15 days of such permit issuance, the City will cause the work to be done and assess the cost against the property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2010-234 - Consideration of Resolution Directing Property Owner to Repair Sidewalk at 2025 N Lafayette Avenue Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 24, 2010 Subject: Resolution Directing Property Owner to Repair Sidewalk at 2025 N Lafayette Avenue Item #’s: I-4 Presenter(s): Steven P. Riehle, Public Works Director Background On October 28, 2009 a letter was sent to the property owner concerning necessary repairs to the sidewalk at 2025 N Lafayette Avenue (Lots 2 & 4, Block 8, Scarff's Addition to West Lawn, City of Grand Island, Hall County, Nebraska). The letter stated these repairs needed to be made by November 12, 2009 to prevent accident or injury to citizens using the sidewalk. The property owner was given time to get the work completed within a reasonable construction timeframe, but no action has been taken. A final letter was sent to the property owner on July 22, 2010 advising them that council would consider a resolution ordering them to install the sidewalk at the August 24, 2010 council meeting. Section 32-58 of the City Code and Section 16-662 R.S. Nebraska Statues, make the property owner responsible for repairing sidewalks adjacent to their property. Discussion The Public Works Department is requesting that a resolution be passed giving the property owner 15 days to obtain the sidewalk permit and 15 days from issuance of such permit to complete the repairs of the sidewalk at 2025 N Lafayette Avenue (Lots 2 & 4, Block 8, Scarff's Addition to West Lawn, City of Grand Island, Hall County, Nebraska), as this is a public safety concern. If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs 15 days after such permit is issued, the City of Grand Island will take steps to make the necessary repairs with all costs being the responsibility of the property owner. 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 a resolution directing the property owner to obtain a permit within 15 days and repair the sidewalk located at 2025 N Lafayette Avenue (Lots 2 & 4, Block 8, Scarff's Addition to West Lawn, City of Grand Island, Hall County, Nebraska) within an additional 15 days. Sample Motion Move to approve a resolution directing the property owner to obtain a sidewalk permit and repair the sidewalk. Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-234 WHEREAS, the City has the authority under Neb. Rev. Stat., §16-662, to direct the repair and replacement of sidewalks by owners of the abutting property; and WHEREAS, the sidewalk abutting 2025 N Lafayette Avenue, legally described as Lots 2 & 4, Block 8, Scarff’s Addition to West Lawn, City of Grand Island, Hall County, Nebraska, has been determined to be in need of repair and replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to the property owner to obtain a sidewalk permit within 15 days and within 15 days of such permit issuance to make the necessary repairs to the sidewalk abutting the property located at 2025 N Lafayette Avenue (Lots 2 & 4, Block 8, Scarff’s Addition to West Lawn, City of Grand Island, Hall County, Nebraska). If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs within 15 days of such permit issuance, the City will cause the work to be done and assess the cost against the property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I5 #2010-235 - Consideration of Approving 2010/2011 Fee Schedule Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: August 24, 2010 Subject: Approve 2010-2011 Fee Schedule Item #’s: I-5 Presenter(s): Mary Lou Brown, Finance Director Background With the implementation of Program Prioritization, all of the budget schedules became an integral part of the budget review. The Fiscal Year 2010/2011 Budget was approved on August 17, 2010 and is scheduled to be adopted on September 7, 2010. Discussion Revenue as reflected in the budget incorporates the attached Proposed Fee Schedule rates. The revisions made by the Department Directors and included in the revenue calculation are highlighted in the document. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for requested Fee Schedule changes. 2. Modify the request to meet the policy direction of the Council. 3. Postpone the issue to a future date. Recommendation City Administration recommends that the City Council adopt the Fee Schedule. Sample Motion Move to approve the Fee Schedule for 2010-2011. Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-235 WHEREAS, the 2010/2011 budget process requires an update of the Fee Schedule for numerous services that the City provides; and WHEREAS, the City Council approved the Proposed Fiscal Year 2010/2011 Budget on August 17, 2010 and will adopt it at the September 7, 2010 meeting; and WHEREAS, the Fee Schedule rates are incorporated into the Proposed Fiscal Year 2010/2011 Budget revenue numbers; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2010/2011 proposed Fee Schedule be accepted and incorporated into that year’s budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I6 #2010-236 - Consideration of Approving Dental Contract Tuesday, August 24, 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: August 24, 2010 Subject: Approving Administrative Services Contract for Dental Insurance Item #’s: I-6 Presenter(s): Brenda Sutherland, Human Resources Director Background Last year the City shopped its health and dental package. RCI was the vendor chosen to provide administrative services for the plan. The City’s dental plan is self insured. Therefore the services rendered are for the processing and payment of claims. Discussion This past year the claims incurred and paid have seen a fairly substantial increase. As the human resources staff has evaluated the claims data to identify reasons for this, one area that has played a major role is the lack of a network that provides negotiated rates. With our previous carrier we had a network, albeit a small one, there were discounts that were realized by the plan. Once the change to RCI was made we benefited from lower administrative fees but paid higher claims without the network discounts. As is the case with self insured plans, the majority of expense is in the claims side of the equation. An ad was placed for a request for proposal and several quality proposals were received. The health insurance committee interviewed three companies that submitted proposals that most closely met the needs of the City. Committee members voted on the proposals and the majority of the committee voted to propose Delta Dental of Nebraska to provide the Administrative services for the City’s dental plan. The administrative fees are higher than our current administrator but they had the largest network of the companies interviewed. I believe the City and the employee will realize a substantial claims reduction. Based on our current year’s claims that were run through the proposed network, the City would have saved roughly $45,000 in annualized claims paid. The savings are partially offset by incremental costs of approximately $12,000. These costs are related to the additional administrative costs of $2.10 per employee per month in administrative fees. The discounts will far outweigh the additional costs. The references came back stellar on Delta’s performance as a dental plan administrator. This coupled with the opportunity for plan savings cost make Delta a smart choice in administrative service providers. The recommendation from the Human Resources Director as well as the Health Insurance Committee is to make Delta Dental of Nebraska the new dental plan administrator as of 10-01-10. This change removes the dental from the administrative package that we currently have with RCI. The annual healthcare renewal documents will reflect this change. While the issue at hand is the proposed dental contract, I would like to take this opportunity to inform the Council of changes to our health insurance program at the same time so that we can see changes in the benefit package in its totality. Due to the impact of health care reform and the spike in claims that our plan has experienced this past year we anticipate increases in reinsurance costs as well as the actuarial numbers for the maximum claims renewal numbers. The preliminary numbers that we have seen reinforce that assertion. The Citywide Health Insurance Committee has met and discussed ways to offset the anticipated increases and have forwarded recommendations which have been communicated to the City Administrator for his approval. These recommendations will provide for more cost sharing by the employee as things like office co-pays will increase from $25 -$35 for general practitioners and from $35 to $50 for specialists. In addition, the current deductible of $300 per person, $600 per family will increase to $500 per person and $1,000 per family. When deductibles move up, so does the maximum out of pocket. It will increase from $1,300 per person to $1,800 per person and from $2,600 per family to $3,600 per family. The last change that will be implemented is the elimination of infertility benefits. The changes in benefits will translate into no increase in monthly premiums for the upcoming plan year. The annual renewal contract will arrive in September. RCI has been notified that we are bringing forward a contract for dental services with another carrier that can offer the network discounts and as we could have expected, RCI has been very gracious in offering to work with the new vendor in transferring claims information. 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 a contract with Delta Dental of Nebraska to administer the City’s dental plan. Sample Motion Move to approve a contract with Delta Dental of Nebraska for the administration of the City dental plan. ASO BAA DDNE 02-19-10 1 HIPAA BUSINESS ASSOCIATE ADDENDUM This Addendum is entered into by and between ____________________ (“Covered Entity”) and Delta Dental of Nebraska (“Business Associate”), and is incorporated into and is made part of the Group Dental Plan Contract, (the “Agreement”) entered into by and between the parties. SECTION 1 – BUSINESS ASSOCIATE PROVISIONS 1.1 Introduction. Pursuant to the Agreement, Business Associate, on behalf of Covered Entity, performs or assists in the performance of functions and activities that may involve the use and disclosure of Protected Health Information as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Parts 160 and 164 (“Privacy Regulations”). This Section 1 is intended to meet the requirements of the “business associate” provisions of Privacy Regulations and will govern the terms and conditions under which the Business Associate may use or disclose Protected Health Information. 1.2 Permitted Uses and Disclosures (a) Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity pursuant to the Agreement and as permitted or required by this Addendum or the Privacy Regulations. (b) Business Associate may use or disclose Protected Health Information for the proper management and administration of its business or to carry out its legal responsibilities. (c) Business Associate may disclose Protected Health Information for the proper management and administration of its business, if i. the disclosures are required by law, or ii. Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will be held confidentially and will be used or further disclosed only as required by law or for the purpose for which it was disclosed to such person, and the person will notify the Business Associate of any instances of which the person is aware in which the confidentiality of the information has been breached. (d) Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity. 1.3 Limitations on Uses and Disclosures. With respect to Protected Health Information that Business Associate creates or receives on behalf of Covered Entity, Business Associate will not use or further disclose the Protected Health Information other than as permitted or required by this Addendum or as required by law. 1.4 Additional Obligations of Business Associate. Except as otherwise specified herein, the provisions of this Paragraph 1.4 apply only to Protected Health Information that Business Associate creates or receives on Covered Entity’s behalf. ASO BAA DDNE 02-19-10 2 (a) Safeguards. Business Associate will use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as provided for by this Addendum. (b) Reporting and Mitigation. Business Associate will report to Covered Entity any use or disclosure of Protected Health Information by Business Associate not provided for by this Addendum within ten (10) business days of its discovery by Business Associate. Business Associate agrees to promptly mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure in violation of this Addendum. (c) Agents and Subcontractors. Business Associate will ensure that any agent or subcontractor to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply by and through this Addendum to Business Associate with respect to such information. (d) Access to Designated Record Set. At the request of Covered Entity, and in the time and manner designated by Covered Entity, Business Associate will provide access to Protected Health Information in a Designated Record Set to Covered Entity, or as directed by Covered Entity, or to an Individual in order to meet the requirements of 45 C.F.R. § 164.524. (e) Amendment of Protected Health Information. Following its receipt of a written request from Covered Entity or an Individual, Business Associate will incorporate any Amendment to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to in accordance with the Privacy Regulations. (f) Disclosure Accounting. Following its receipt of a written request from Covered Entity, Business Associate will make available to Covered Entity any information it may reasonably need for it to provide an accounting of disclosures made by Business Associate of an Individual’s Protected Health Information in accordance with 45 C.F.R. § 164.528. (g) Access to Business Associate’s Internal Records. Business Associate will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity available to the Covered Entity or the Secretary, for the purposes of the Secretary’s determining Covered Entity’s compliance with the Privacy Regulations. 1.5 Disposition of Protected Health Information. (a) Term. The Term of this Addendum will begin and become effective on the compliance date applicable to Covered Entity under the Privacy Regulations, and shall terminate when all of the Protected Health Information created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Paragraph 1.5. (b) Termination. In the event that Covered Entity discovers and determines that Business Associate materially breached or violated any of its obligations under this Addendum, Covered Entity will notify Business Associate of such breach in writing. Covered Entity may terminate the Agreement or may provide Business Associate with an opportunity to take reasonable steps to cure the breach or end the violation, as applicable, within a ASO BAA DDNE 02-19-10 3 mutually agreed upon period of time. If Business Associate’s attempts to cure the breach or end the violation are unsuccessful within that period without limiting the rights of the parties under the Agreement, Covered Entity may terminate the Agreement. (c) Effect of Termination. i. Except as provided in paragraph (ii) of this sub-paragraph, upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information created or received by it on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of Business Associate and/or its subcontractors or agents. Business Associate will not retain any copies of Protected Health Information. ii. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate will notify Covered Entity of the conditions that make return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of Protected Health Information is infeasible, Business Associate will extend the protections of this Addendum to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. SECTION 2 – TRADING PARTNER PROVISIONS 2.1 Introduction. This Section 2 applies to the extent that Business Associate and Covered Entity conduct electronic transactions that are subject to HIPAA, 45 C.F.R. Parts 160 and 162 (the “Electronic Transactions Regulations”). The Business Associate may be considered a “trading partner” of the Covered Entity under the Electronic Transactions Regulations. This Section 2 will govern the terms and conditions under which electronic transactions are conducted. 2.2 Compliant Transactions. Transactions related to health care and required by HIPAA between Covered Entity and Business Associate, their agents or another health plan will be transmitted in an applicable standard under HIPAA (“Standard Transaction”). 2.3 Trading Partner Provisions. With respect to a Standard Transaction, Covered Entity and the Business Associate agree that they will not: (a) Change the definition, data condition, or use of a data element or segment; (b) Add any data elements or segments to the maximum defined data set; (c) Use any code or data elements that are either marked “not used” in the standard implementation specification or are not in the standard’s implementation specifications; nor (d) Change the meaning or intent of the standard’s implementation specifications. ASO BAA DDNE 02-19-10 4 2.4 Business Partner Provisions. The Business Associate will comply with HIPAA requirements applicable to Standard Transactions and require its agents and subcontractors to comply with HIPAA requirements applicable to Standard Transactions. SECTION 3 – ELECTRONIC SECURITY PROVISIONS 3.1 Introduction. This Section 3 applies to the extent electronic data will be exchanged between the Business Associate and Covered Entity. The Business Associate may be considered a Business Associate of the Covered Entity under HIPAA, 45 C.F.R. Parts 160 and 164 (the “Security Regulations”). This Section 3 will govern the terms and conditions under which electronic data is exchanged. 3.2 Security Regulations. Business Associate agrees to: (a) Implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic Protected Health Information that it creates, maintains or transmits on behalf of the Covered Entity; (b) Ensure that any agent, including a subcontractor, to whom it provides such information agrees to implement reasonable and appropriate safeguards to protect it; (c) Report to the Covered Entity any Security Incident of which it becomes aware; (d) Authorize termination of the Agreement if the Covered Entity determines that the Business Associate has violated a material term of the Agreement. SECTION 4 – GENERAL PROVISIONS 4.1 Definitions. All terms used, but not otherwise defined, in this Addendum shall have the same meaning as those terms in 45 C.F.R. §§ 160.103 and 164.501. 4.2 Conflict. Except as specifically set forth herein, all terms of the Agreement will continue in full force and effect. In the case of any conflict among the provisions of this Addendum and the Agreement, the terms of this Addendum will prevail. 4.3 Interpretation. Any ambiguity in this Addendum will be resolved in favor of a meaning that complies and is consistent with the Privacy Regulations. This Addendum and all other agreements between Covered Entity and Business Associate will be interpreted as broadly as necessary to implement and comply with HIPAA and the Privacy Regulations. 4.4 Survival. This Addendum will survive the expiration or termination of the Agreement and remain in full force and effect for so long as Business Associate or any of its agents or contractors remain in possession, pursuant to Paragraph 1.4(c) hereof, of any Protected Health Information that Business Associate creates or receives on Covered Entity’s behalf, and will terminate immediately thereafter. 4.5 Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Regulations if done by Covered Entity, except as otherwise provided herein. ASO BAA DDNE 02-19-10 5 4.6 Indemnity. Business Associate will indemnify and hold harmless Covered Entity and Covered Entity’s affiliates, officers, directors, employees or agents from and against any claim, cause of action, liability, damage, cost or expense, including attorneys’ fees and court or proceeding costs, arising out of or in connection with any non-permitted or violating use or disclosure of Protected Health Information or other breach of this Addendum by Business Associate or any subcontractor, agent, person or entity under Business Associate’s control. 4.7 Conformance with Law. Upon the effective date of any final regulation or amendment to final regulations promulgated by the U.S. Department of Health and Human Services with respect to Protected Health Information or Standard transactions, this Addendum and the Agreement of which it is part will automatically amend such that the obligations they impose on the Business Associate remain in compliance with these regulations. 4.8 Governing Law. This Addendum will be governed by and construed in accordance with the laws of the state of Minnesota to the extent not preempted by applicable federal law. 4.9 No Third Party Beneficiaries. Nothing express or implied in this Addendum confers upon any person other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 4.10 Breach. “Breach” shall mean the acquisition, access, use, or disclosure of PHI in a manner not permitted by 45 C.F.R. part 164, subpart E which compromises the security or privacy of such information (meaning that it poses a significant risk of financial, reputational, or other harm to the individual). A use or disclosure of PHI that does not include the identifiers listed at 45 C.F.R. § 164.514(e)(2), date of birth, and zip code does not compromise the security or privacy of the PHI. “Breach” does not include: (1) any unintentional acquisition, access, or use of PHI by a workforce member or person acting under the authority of Business Associate if such acquisition, access, or use was made in good faith and within the course and scope of the authority and does not result in further use or disclosure in a manner not permitted by 45 C.F.R. part 164, subpart E; (2) any inadvertent disclosure by a person who is authorized to access PHI at a Business Associate to another person authorized to access PHI at the Business Associate, and any such information received as a result of the disclosure is not further used or disclosed in a manner not permitted by 45 C.F.R. part 164, subpart E; or (3) a disclosure of PHI where the Covered Entity or Business Associate has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably be able to retain such information. 4.11 Breach Notification Requirements. “Breach Notification Requirements” means the requirements of 42 U.S.C. § 17932 and regulations issued there under, including 45 C.F.R. part 164, subpart D. 4.12 HITECH. “HITECH” shall mean the Health Information Technology for Economic and Clinical Health Act and any accompanying regulations, as the same may be amended from time to time. 4.13 Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. part 160 and part 164, subparts A and E 4.14 Security Rule. “Security Rule” shall mean the Security Standards and Implementation Specifications at 45 C.F.R. part 160 and part 164, subpart C. 4.15 1.6 Unsecured Protected Health Information. “Unsecured Protected Health Information” or “Unsecured PHI” shall mean PHI that is not secured through the use of a technology or methodology that the Secretary specifies in guidance renders PHI unusable, unreadable, or indecipherable to unauthorized individuals, such as the guidance set forth in 74 Fed. Reg. 19006 (April 27, 2009). ASO BAA DDNE 02-19-10 6 SECTION 5 – COMPLIANCE WITH HITECH 5.1 Security Regulations. Business Associate shall comply with each of the security regulations set forth in 45 C.F.R. §§ 164.308, 164.310, 164.312, and 164.316 in the same manner that such sections apply to the Covered Entity. 5.2 Breach Notification. The following provisions regarding Breach notification are effective with regard to Breaches occurring on or after September 23, 2009. These obligations are in addition to those contained in the Addendum regarding the duty to report violations of the Addendum. (a) Monitoring and Reporting Incidents of Unauthorized Use or Disclosure of Unsecured PHI. Business Associate will take reasonable steps to monitor the unauthorized acquisition, access, use, and disclosure (subsequently referred to as use or disclosure) of Unsecured PHI relating to Covered Entity. In particular, individuals who use or disclose PHI relating to Covered Entity on behalf of Business Associate will be required to report all such unauthorized use or disclosure to Business Associate’s Privacy Officer or designated individual. (b) Determination Whether Unauthorized Use or Disclosure Constitutes Breach. Upon receiving a report of unauthorized use or disclosure, Business Associate will undertake a risk assessment to determine whether the unauthorized use or disclosure constitutes a Breach of Unsecured PHI. The Business Associate will make and retain records of such determinations, including the basis for determinations that unauthorized uses or disclosures are not Breaches of Unsecured PHI. (c) Notice to Affected Individuals of Breach. If the unauthorized use or disclosure constitutes a Breach, the Business Associate will notify the Individual(s) whose Unsecured PHI was used or disclosed improperly in accordance with the Breach Notification Requirements via written notice, substitute notice or notice in urgent situations, as appropriate. Written notices will be written in plain language and will include, to the extent possible: (i) a brief description of what happened, including the date of the Breach and the date of discovery of the Breach; (ii) a description of the types of Unsecured PHI involved (without, however, including specific PHI); (iii) any steps Individuals should take to prevent potential harm resulting from the Breach; (iv) a brief description of what the Business Associate is doing (i) to investigate the Breach, (ii) to mitigate harm to Individuals and (iii) to protect against further Breaches; and (v) contact procedures for Individuals to ask Business Associate questions or learn additional information, including a toll-free telephone number, e-mail address, website, or postal address. Such notification will be provided without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach. Business Associate will provide Covered Entity with a copy of the notice it determines is required by this paragraph (c). ASO BAA DDNE 02-19-10 7 (d) Notice to Media of Breaches Involving More Than 500 Residents of Same State or Jurisdiction. If a Breach involves more than 500 residents of the same State or jurisdiction, the Business Associate will notify the media in accordance with the Breach Notification Requirements. Such notification will be provided without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach. Business Associate will provide Covered Entity with a copy of the notice it determines is required by this paragraph (d) prior to its distribution for review and approval by Covered Entity, which approval will not be unreasonably withheld. (e) Notice to Covered Entity of Breaches Involving 500 or More Individuals. If a Breach involves 500 or more individuals, the Business Associate will notify Covered Entity with all the appropriate information so Covered Entity can notify HHS in the manner specified in the Breach Notification Requirements and on the HHS website. Business Associate will provide such notification without unreasonable delay and in no case later than 30 calendar days after discovery of the Breach. (f) Maintenance of Log Involving Less than 500 Individuals. The Business Associate will maintain a log of Breaches involving less than 500 Individuals. (g) Delayed Notification. Notwithstanding paragraphs (c) and (d) above, if a law enforcement official provides Business Associate with a statement that the notification required under paragraphs (c) and (d) above would impede a criminal investigation or cause damage to national security, then Business Associate may delay the notification for the period of time set forth in the statement. If the law enforcement official provides an oral statement, then Business Associate shall document the statement in writing, including the name of the law enforcement official making the statement, and may delay the notification required under paragraphs (c) and (d) for no longer than thirty (30) days from the date of the oral statement, unless the law enforcement official provides a written statement during that time that specifies a different time period. Business Associate shall be obligated to maintain evidence to demonstrate that the required notification under this paragraph was made. 5.3 Request for Restrictions on Disclosure of PHI. If required by Section 13405 of HITECH (except as otherwise required by law), Business Associate shall comply with any request of an Individual for the Business Associate to restrict the disclosure of PHI of the Individual when the disclosure is to a health plan for purposes of carrying out payment or health care operations (and is not for purposes of carrying out treatment), and the PHI pertains solely to a health care item or service for which the health care provider involved has been paid out of pocket in full. 5.4 Breach by Covered Entity. Effective only if required under Section 13404 of HITECH, if Business Associate knows of a pattern of activity or practice of Business Associate or Covered Entity that constitutes a material breach or violation of the Covered Entity’s obligation under the Addendum, Business Associate must take reasonable steps to cure the breach or end the violation, and, if such steps are unsuccessful, terminate the Addendum or report the problem to the Secretary if termination is infeasible. 5.5 Minimum Necessary Uses and Disclosures. (a) Minimum Necessary Standard. Business Associate shall limit its use and disclosure of PHI to the “minimum necessary,” as set forth in guidance that the Secretary will issue. From February 17, 2010 until the issuance of such guidance, Business Associate shall limit its use and disclosure of PHI, to the extent practicable, to the Limited Data Set (as that term is defined in 45 C.F.R. § 164.514 ASO BAA DDNE 02-19-10 8 (e) (2), or, if needed, to the minimum necessary to accomplish the Business Associate’s intended purpose. In the case of disclosure of PHI, the Business Associate shall determine what constitutes the minimum necessary to accomplish the intended purpose of the disclosure. (b) Exceptions to Minimum Necessary Standard. Paragraph (a) above does not apply to: (1) disclosures to or requests by a health care provider for treatment; (2) uses or disclosures made to the Individual; (3) disclosures made pursuant to an authorization as set forth in 45 C.F.R. § 164.508; (4) disclosures made to the Secretary under 45 C.F.R. part 160, subpart C; (5) uses or disclosures that are Required by Law as described in 45 C.F.R. § 164.512(a); and (6) uses or disclosures that are required for compliance with applicable requirements of 45 C.F.R. part 164, subpart E. 5.6 Access to and Accounting of Disclosures of Electronic Health Records. If and to the extent Business Associate uses or maintains an electronic health record, as that term is defined in Section 13400 of HITECH, with respect to PHI, Business Associate shall respond to requests from Individuals for an accounting of disclosures as described in § 13405(c) of HITECH if, and when, required by § 13405(c) of HITECH. Business Associate acknowledges that Covered Entity will, in response to a request for an accounting by an Individual, provide a list of all business associates with contact information, as permitted by § 13405(c)(3)(B). Additionally, an Individual shall have a right to obtain a copy of an electronic health record with respect to PHI in an electronic format, if the Individual chooses, and to direct Business Associate to transmit such copy to an entity or person designated by the Individual, provided the designation is clear, conspicuous and specific. Any fee for providing such electronic copy (or a summary or explanation of such information) shall not be greater than the Business Associate’s labor costs in responding to the request for the copy (or summary or explanation). 5.7 Remuneration for PHI. (a) Except as set forth in paragraph (b) below, Business Associate shall not directly or indirectly receive remuneration in exchange for any PHI of an Individual unless the Individual provided to the Covered Entity a valid authorization in accordance with 45 C.F.R. § 164.508 that specifically authorizes the Business Associate to exchange the PHI for remuneration. (b) Paragraph (a) above does not apply if the purpose of the exchange is: (1) for public health activities (as described in 45 C.F.R. § 164.512(b); (2) for research, as described in 45 C.F.R. §§ 164.501 and 164.512(i), and the price charged reflects the cost of preparation and transmittal of the data for such purpose; (3) for the treatment of the Individual, subject to any applicable regulation that the Secretary may promulgate to prevent PHI from inappropriate access, use, or disclosure; (4) for the sale, transfer, merger, or consolidation of all or part of the Covered Entity with another covered entity under 45 C.F.R. § 160.103, or an entity that following such activity will be considered a covered entity, and due diligence related to such activity; (5) for remuneration that is provided by Covered Entity to Business Associate for the purpose of providing services to Covered Entity; (6) to provide an Individual with a copy of the Individual’s PHI pursuant to 45 C.F.R. § 164.524; and (7) as otherwise determined by the Secretary in regulations to be similarly necessary and appropriate as the other exceptions in this paragraph (b). (c) This Section 2.7 is effective on the date that is six (6) months after the date of promulgation of final regulations to implement Section 13405(d) of HITECH. 5.8 Marketing Restrictions. ASO BAA DDNE 02-19-10 9 (a) Business Associate shall not consider communications by Business Associate that meet the definition of marketing set forth in 45 C.F.R. § 164.501 to be part of the term health care operations as set forth in 45 C.F.R. § 164.501 (unless the communication is made as described in subparagraph (i), (ii) or (iii) of paragraph (1) in the definition of marketing set forth in 45 C.F.R. § 164.501). (b) Business Associate shall not consider communications by Business Associate that fall within the exceptions to the term marketing as set forth in 45 C.F.R. § 164.501(1)(i), (ii), or (iii) to be part of the term health care operations as set forth in 45 C.F.R. § 164.501 if the Business Associate receives or has received direct or indirect remuneration in exchange for making such communications, unless: (1) the communications describe only a drug or biological that is currently being prescribed for the recipient of the communication, and the payment received in exchange for making the communication is reasonable in amount, as defined by the Secretary in regulation; or (2) the communication by Business Associate is consistent with the Addendum and this Amendment. 5.9 Fundraising Limitations. Business Associate shall ensure that any fundraising communication Business Associate makes that is a health care operation as defined in 45 C.F.R. § 164.501 provides in a clear and conspicuous manner the opportunity for the recipient of the communication to elect not to receive any further such communications. Business Associate shall ensure that all Individuals electing not to receive any further such fundraising communications do not receive any further such communications. SECTION 6 – MISCELLANEOUS 6.1 Regulatory References. A reference in this Amendment to a section in HITECH or the Code of Federal Regulations means the section as in effect or as amended, and for which compliance is required. 6.2 Modification. Business Associate and Covered entity agree to take such action as is necessary to amend this Amendment from time to time as is necessary for Covered Entity to comply with the requirements of HITECH and HIPAA. 6.3 Effect on Addendum. Except as specifically required to implement the purposes of this Amendment, or to the extent inconsistent with this Amendment, all other terms of the Addendum shall remain in full force and effect. 6.4 Interpretation. Any ambiguity in this Amendment shall be resolved in favor of a meaning that permits Covered Entity to comply with HITECH. ASO BAA DDNE 02-19-10 10 IN WITNESS WHEREOF, the parties have each caused this Amendment to be executed by an authorized officer, as of the date below. Covered Entity This ____day of ______________, ________ As plan administrator, on behalf of the_______________________________. Dental Plan [Company Name] By: _________________________________ Print Name: __________________________ Title:________________________________ Business Associate This _____day of ______________________ Delta Dental of Nebraska By:_________________________________ Print Name: Joseph P. Lally Title: Vice President 14388.doc Master Dental Contract Application Individually Rated Plans PART A - COMPANY INFORMATION Legal Company Name City of Grand Island Address 100 E. 1st Street Phone ( 308 ) 385-5444 ext. 111 County Hall City Grand Island State NE Zip Code 68801 Plan Effective Date: October 1, 2010 Plan Benefit Year: Calendar Other: Total number of eligible* employees: 480 *Eligible employees are all employees working 30 hours or more per week. Eligibility waiting period for new employees: First of month following: 2 calendar months of employment Return to work guidelines: N/A Status change (i.e. part time to full time): Standard Coverage Type: Employee Only Employee + 1 Employee + Sp Employee + Child(ren) Family Participation Requirements: Employee/Dependent: % / % OR As Currently Enrolled Does your company currently have a dental plan? No Yes - Name of carrier: RCI Length of coverage: Medical Lock (include a copy of most recent medical billing statement). PART B - DENTAL PROGRAM - PRODUCT/NETWORK PRODUCT NETWORK(S) Comprehensive Standard Delta Dental PPO (PPO) Comprehensive Enhanced Delta Dental Premier (DP) Other: Other: PART C - PLAN DESIGN PPO DP OON DEDUCTIB LE APPLIES PPO DP OON Diagnostic & Preventive Services 100% 100% 100% ANNUAL DEDUCTIBLES: Basic Services 80% 80% 80% X Individual Maximum: $ 50 $ 50 $ 50 Endodontics 80% 80% 80% X Family Maximum: $ 150 $ 150 $ 150 Periodontics 80% 80% 80% X Oral Surgery 80% 80% 80% X Major Restorative Services 50% 50% 50% X MAXIMUMS: Prosthetic Repairs and Adjustments 50% 50% 50% X Annual Per Person: $ 1500 $ 1500 $ 1500 Prosthetics 50% 50% 50% X Lifetime Orthodontics: $ N/A $ N/A $ N/A Traditional Orthodontic Plan Services N/A N/A N/A Dependent Child Only Ages 8 through 18 Other: Adult and Dependent Child Ages 8 through 99 Other: PLAN I – TRADITIONAL ORTHODONTIC PLAN SERVICES Does the prior dental plan have orthodontic coverage? Yes No Delta Dental of Nebraska Atrium Executive Square 11235 Davenport Street, Suite 105 Omaha, NE 68154 (402) 397-4878 or 1-800-736-0710 14388.doc 2 of 2 PART D – OPEN ENROLLMENT Open Enrollment Annual None Other: PART E - FUNDING TYPE PART F - PAYMENT METHOD RISK The first month’s premium check must accompany this completed Master Dental Contract Application. Future premium payments are due on the first of each premium month. ACH (Preferred Method) ASO Monthly (less than $50,000 in claims processed monthly) ASO Weekly (greater than $50,000 in claims processed monthly) Administrative Fee (PEPM): $4.10 Wire Transfer Other: Check PART G - AGENT OF RECORD (if applicable) Agency Name Strong Financial Resources, Inc. Broker Name Calvin Strong Address 1611 10th Street Phone (402) 694-3033 Fax (402) 694-3012 City Aurora State NE Zip Code 68818 Tax ID Number Note: Commissions will be paid to this TIN. Broker Signature NE Insurance Producer License ID Number PART H - INSTRUCTIONS 1. Complete Master Dental Contract Application. 2. Have each employee complete and sign a Membership Enrollment Form 3. Send this completed application, completed Membership Enrollment Forms, as well as the completed ACH Form, voided check and the initial remittance (if applicable) to the following address: Delta Dental of Nebraska, Atrium Executive Square, 11235 Davenport Street, Suite 105, Omaha, NE 68154 Group Administrator: By signing below, I verify that the information on this application is correct and that the eligible employees are in fact employed by my company and agree to provide substantiating evidence when requested. If issued, the contract may become null and void at the option of Delta Dental if for a period of three consecutive months, or upon renewal, the number of enrolled employees becomes less than twenty -five. Delta Dental will send a contract upon acceptance of the application and final approval of the Dental Benefit Plan Summary. The contract will indicate the effective date of coverage. The contract is effective only after Delta Dental has accepted this application and sent a contract to the group. The group administrator's signature does not cause the application to become effective as a contract. Any misrepresentations of submitted data will cause the contract, if issued, to be null and void at the option of Delta Dental. SIGNATURE BOX Signature of Authorized Company Official Title Date Group Administrator/Future Correspondence Contact (please print) ( ) ( ) Title Phone Number Fax Number E-mail Address Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale Shotkoski, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR DENTAL PLAN RFP DUE DATE: May 27, 2010 at 4:00 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: May 6, 2010 NO. POTENTIAL BIDDERS: 8 SUMMARY OF PROPOSALS RECEIVED Krull Agency, Inc. American Administrators Hastings, NE West Des Moines, IA BlueCross BlueShield MetLife Delta Dental of Nebraska United Concordia Companies, Inc. Strong Financial Resources, Inc. Phoenix, AZ Aurora, NE DentaBenefits (Mutual of Omaha) MetLife Principal Assurant Guardian Ameritas Delta Dental cc: Brenda Sutherland, Human Resources Director Tami Herald, HR Specialist Jeff Pederson, City Administrator Mary Lou Brown, Finance Director Dale Shotkoski, City Attorney P1417 Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010- 236 WHEREAS, the City of Grand Island advertised a request for proposal for its dental insurance; and WHEREAS, the City received and reviewed proposals from vendors; and WHEREAS, Delta Dental of Nebraska is the vendor recommended to provide services for the administration of the dental plan; and WHEREAS, the proposed contract is for $4.10 per employee per month for the contract duration of three years; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve a contract with Delta Dental of Nebraska for the administration of the City’s dental plan. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I7 #2010-237 - Consideration of Approving Personnel Rules and Regulations Tuesday, August 24, 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: August 24, 2010 Subject: Amend Personnel Rules Item #’s: I-7 Presenter(s): Brenda Sutherland, Human Resources Director Background The Personnel Rules provide the general rules with which employees are to conduct themselves as well as an outline of City benefits. It is updated from time to time as needed. The last Personnel Rules update was June 12, 2010. Discussion The proposed change in the Personnel Rules is driven by Council action with the budget that was passed for the 2010/2011 fiscal year. Part of administration’s solution for the ability to hire two more police officers was the elimination of annual medical leave buyout for non-union employees. A proposed change to Section 4.04 of the Personnel Rules will eliminate medical leave buyout for non-union employees beginning October 1, 2010. Employees that currently qualify for that benefit will receive a final payment for their hours earned over 960 from January 2010 through September 2010. This is consistent with past practice of other employee groups that have phased out this benefit. In addition to the final payout and elimination of the benefit going forward, it is also appropriate at this time to raise the ma ximum accrual amount to 1084. This represents midpoint of the last survey that was conducted for the non-union group. 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 proposed amendment to Section 4.04 of the City Personnel Rules. Sample Motion Move to approve the proposed amendment to Section 4.04 of the Personnel Rules. SECTION 4.04 MEDICAL LEAVE ACCRUAL OF MEDICAL LEAVE Medical leave will be accrued at a rate of eight hours per month for full-time regular status employees. Part-time regular status employees, who work at least 30 hours per week, will accrue medical leave based on their average hours of work. The maximum amount of medical leave hours that may be accrued is 1,084. COMPENSATION FOR UNUSED MEDICAL LEAVE The City will include in the second last paycheck in January of each yearSeptember 2010; payment for an employee’s unused medical leave in excess of 960 hours accrued in the preceding calendar yearfrom January 2010 through September 2010. Employees will be compensated at the rate of one-half fifty percent (50%) of their hourly rate of pay for each hour in excess of 960, based on the employee’s current rate of pay at the time of compensation. Such compensation for unused medical leave in excess of 960 hours shall not continue after September 2010. All non-union employees will have a contribution made into a VEBA (Voluntary Employee Benefits Association) Trust in the employee’s name for one-halffifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of contribution will be based on upon the employee’s salary at the time of retirement. Approved as to Form ¤ ___________ August 19, 2010 ¤ City Attorney R E S O L U T I O N 2010-237 WHEREAS, the City provides Personnel Rules for its employees as authorized by the City of Grand Island; and WHEREAS, the following section of the City Personnel Rules, namely Sec. 4.04 is amended to reflect the change in annual buyout of medical leave and to raise the maximum limit of medical leave to 1084 hours; WHEREAS, this change will become effective upon passage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the section of the City Personnel Rules as set forth above is amended. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 24, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of August 11, 2010 through August 24, 2010 The Claims for the period of August 11, 2010 through August 24, 2010 for a total amount of $3,619,604.22. A MOTION is in order. Tuesday, August 24, 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 August 11, 2010 through August 24, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of August 11, 2010 through August 24, 2010 for the following requisitions. #24 $98,527.66 A MOTION is in order. Tuesday, August 24, 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 August 11, 2010 through August 24, 2010 for the State Fair Recreation Building The Claims for the Period of August 11, 2010 through August 24, 2010 for the State Fair Recreational Building for the following requisition: #25 $ 2,797.05 #26 $396,900.00 TOTAL: $399,697.05 A MOTION is in order. Tuesday, August 24, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council