The URL can be used to link to this page

12-21-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, December 21, 2010 Council Session Packet City Council:Mayor: Jay Vavricek Interim City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - In Memory of Former Councilmember Jackie Pielstick This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Presentation to Grand Island Senior High School Volleyball Team for Qualifying at State Volleyball Tournament The Mayor and City Council will recognize the Grand Island Senior High Girls Volleyball Team and their Coach Bill Root for qualifying for the Class A State Volleyball Competition on November 11, 2010. Congratulations for a job well done. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Presentation to Grand Island Northwest High School Volleyball Team for Runner-Up at State Volleyball Tournament The Mayor and City Council will recognize the Grand Island Northwest Senior High School Girls Volleyball Team and their Coach Diane Rouzee for runner-up for the Class B State Volleyball Competition on November 13, 2010. Congratulations for a job well done. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Presentation to Central Catholic High School Volleyball Team for State Championship at State Volleyball Tournament The Mayor and City Council will recognize the Grand Island Central Catholic High School Girls Volleyball Team and their Coach Sharon Zavala for the Class C-1 State Champions at the State Volleyball Competition on November 13, 2010. Congratulations for a job well done. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C4 Recognition of the Grand Island Police Department for Operation Pier Pressure The Mayor and City Council will recognize the Grand Island Police Department for their outstanding work on criminal gang suppression and efforts relating to Operation Pier Pressure. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request from Gordon Glade and Island Landhandlers, Inc. for a Conditional Use Permit for a Sand and Gravel Operation Located at 3812 South Blaine Street Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: December 21, 2010 Subject: Public Hearing on Request of Gordon & Cara Glade & Gerald Williams of Island Landhandlers Inc. for a Conditional Use Permit to Operate a Sand and Gravel Pumping Facility at 3812 S. Blaine Street Item #’s: E-1 & H-1 Presenter: Craig A. Lewis, Building Department Director Background This request is for Council approval to allow for the operation of a sand and gravel facility at the above referenced address. A conditional use permit is required as the current zoning classification TA (transitional agricultural) does not allow for this type of use as a permitted principal use. The zoning classification does list as a permitted conditional use, commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as listed in the zoning code must be approved or denied by the City Council in the form of a conditional use after a finding that the proposed use will or will not comply with the purposes as identified in the Code. Section 36-2 of the Grand Island Zoning code, Purposes: This chapter has been made in accordance with a comprehensive plan and to promote the health, safety, and general welfare of the community; to lessen congestion in streets; to secure safety from fire and other dangers; to provide adequate light and air; to promote the distribution of population, land classifications and land development to support provisions for adequate transportation, water flows, water supply, drainage, sanitation, recreation, and other public requirements; to protect property against blight and depreciation; and to secure economy in government expenditures. Three previous requests were reviewed and denied by the City Council for this property in April and October of 2005 and as recent as September 14, 2010. Two of the previous request were for a 22 and 25 year duration as opposed to the request in September and this request for a 10 year period. Discussion: Sand and gravel operations have been a part of the Grand Island and surrounding areas for a long time, as residential development continues to expand and the uses become closer neighbors, more conditions need to be implemented to assure compatible and harmonious existence for both uses. City administration has developed the following restrictions, or conditions which appear appropriate to impose upon sand and gravel operations. 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stock piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. Neither of these operations has been requested in this application. 2). CLOSURE: A statement on the application identifies the proposed use of the property after the closing of the sand and gravel operation as a single family dwelling. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be a minimum 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line, and a setback of 250 feet from the Central Platte Natural Resources District Wood River Diversion Channel Levee property shall be maintained between the pumping operations. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. One exception to this condition shall be in the months of March, April, October, and November; activities may operate from 6:00a.m. to 7:00p.m.to allow for winter condition. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergenc y Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. There is currently along the east edge of the property a 45’ electrical easement and an existing transmission line, no product, material or equipment shall be stored within that easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code, nor shall the existing grade elevations be altered. (f). All dead trees, rubbish, and debris, if any, must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel from the premises and over and across any public highway or road unless said sand and gravel is completely dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fails to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additionally, if at anytime during the life of the permit issued, the operation shall cease for a period of a continuous 18 months, the permit shall become void and a renewal shall be obtained before becoming once again operational. It appears that this application and proposal will meet or exceed the established conditions as the proposed setbacks exceed those minimum required and provides for earthen berms and plantings to buffer adjacent properties. ALTERNATIVES: It appears the Council has the following alternatives concerning the issue. 1. Approve the request with the proposed conditions, finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and findings of fact. 4. Refer the matter to a special committee for a determination of a finding of fact RECOMMENDATION: City Administration recommends that the Council approve the request with the identified setbacks, screening berms, and plantings and conditions, finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. SAMPLE MOTION: Move to approve the conditional use as proposed in the application and including the conditions identified by the City Administration, published in the Council packet and presented at the Council meeting and finding that the application conforms with the purpose of the zoning regulations. Item E2 Public Hearing Concerning Acquisition of Utility Easement - 1140 Allen Drive - Custard Cats, LLC Tuesday, December 21, 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: December 21, 2010 Subject: Acquisition of Utility Easement – 1140 Allen Drive Custard Cats, LLC Item #’s: E-2 & G-3 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 Custard Cats, LLC, located at the northwest corner of Freddy’s Frozen Custard at1140 Allen Drive, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place a three phase pad-mounted transformer along with associated conduit and cable to provide electrical service to the new restaurant. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 2820 Riverside Drive - Country Club Holding Association Tuesday, December 21, 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: December 21, 2010 Subject: Acquisition of Utility Easement – 2820 Riverside Drive – Country Club Holding Association Item #’s: E-3 & G-4 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 Country Club Holding Association (Riverside Golf Club), located at 2820 Riverside Drive, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The expansion of the Clubhouse and the subsequent request to increase the amount of power available prompted an examination of the easements for the various transformers and electrical lines serving all of the golf course. In reviewing the records of easements on the property, it was found that there are not documented easements covering the existing utility installations. In order to accurately document the utility easement layout for the entire Riverside Country Club, including those required for the expanded clubhouse, it is recommended that easements for utility installations serving the entire property be acquired at this time. A map of the easements to serve the property is attached for reference. 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 easements for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing on Acquisition of Landscape Easements Located in Business Improvement District No. 6 (Second Street) Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Public Hearing on Acquisition of Landscape Easements Located in Business Improvement District No. 6 (Second Street) Item #’s: E-4 & G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquistion approved by the City Council. A landscape easement is needed adjacent to each property included in Business Improvement District (BID) No. 6. BID No. 6 is along 2nd Street from Garfield Street to Clark Street. Business Improvement District No. 6 was formed in conjunction with the recent widening project of Second Street from Grant Street to Clark Street. This district was formed with an objective to utilize and promote sustainable landscaping. Trees, shrubs and grasses were selected that require low watering, less maintenance, and are suitable for Nebraska’s climate. Landscaping items were installed on 31 properties along Second Street within the business improvement district. Discussion Maintenance and watering will continue to be required for the trees and various plantings to ensure these items will remain healthy and vibrant. An easement at each property will allow access to maintain these items. The landscape easements along 2nd Street are being handled in the same fashion as the landscape easements along the Locust Street BID. The property owners donate the easement at no cost to the City. The easements allow for signs to be placed and existing parking lot to remain. Any further encroachments into the landscape easements require a license agreement. The property owner cannot disturb landscaping placed into the easement without permission from the BID. The properties included in Business Improvement District No. 6 are listed below. North · Five Points Bank - 1704 W 2nd Street · J.J.A. Holding LLC - 1016 W 2nd Street · Overland National Bank - 920 W 2nd Street · Millennium Mangement Group - 1020 W 2nd Street · Real Estate Group of Grand Island Inc. - 1824 W 2nd Street · Grand Island Properties - 1600 W 2nd Street · RSI Inc. - 2114 W 2nd Street · Victoria Land Partners LP - 2010 W 2nd Street · Merleen Johnson & Robert A Johnson - 1808 W 2nd Street · Bonna Barton Wanek - 802 W 2nd Street · Mary Story - 816 W 2nd Street · Cleo E. Albright - 1424 W 2nd Street South · Walgreen Co. - 1521 W 2nd Street · Raile Properties - 823 W 2nd Street · Autozone Development Corp. - 1717 W 2nd Street · Daffodil LLC - 113 N Clay Street · Robert V & Bonnie Clark - 2017 W 2nd Street · J & B Rentals LLC - 1919 W 2nd Street · GIPH Restaurants LLC - 1015 W 2nd Street · Kelly Samson Trustee / Brandy K. Wright - 1915 W 2nd Street · Apfel Funeral Home Inc. - 1123 W 2nd Street · Tina M. Royle - 1909 W 2nd Street · Video Kingdom of Grand Island Inc. - 1723 W 2nd Street · High Road LLC - 805 W 2nd Street · Grand Island Woman's Club Inc. - 1109 W 2nd Street · First Federal Savings & Loan Assoc. of Lincoln - 1811 W 2nd Street · Meme Saycocie - 1903 W 2nd Street · C & A Proeprties LLC - 915 W 2nd Street · Rafael & Rita C. Orozco - 815 W 2nd Street · McDonald's Corporation - 1317 W 2nd Street Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easements. Sample Motion Move to approve the acquisition of the Easements. Item F1 #9282 - Consideration of Amending Ordinance No. 9280 for Sidewalk District No. 1, 2007 Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Amending Ordinance No. 9280 for Sidewalk District No. 1, 2007 Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background On November 23, 2010 City Council approved Ordinance No. 9280, which assessed and levied a special tax to pay the cost of construction of Sidewalk District No. 1, 2007. Council action is necessary to make any amendments to an Ordinance. Discussion The physical address of 250 N Darr Avenue was included in Sidewalk District No. 1, 2007 as sidewalk at this address was installed by the City as part of this district. Ordinance No. 9280 lists the incorrect legal description and property owner for this address. The ordinance needs to be corrected in order for assessments to be billed and collected on this project. After the ordinance is filed at the Register of Deeds Office the ordinance will take 15 days to take effect with the first payment due 10 days later. Revised statements will be sent to all properties within the district. 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 amend Ordinance No. 9280 to correct the legal description and property owner at 250 N Darr Avenue for Sidewalk District No. 1, 2007. Sample Motion Move to approve amendment of Ordinance No. 9280. Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9282 An ordinance to amend Ordinance No. 9280; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, City Council has approved correcting the property owner and legal description for the physical address of 250 N Darr Avenue in Sidewalk District No. 1, 2007. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The property owner and legal description are listed correctly for the physical address of 250 N Darr Avenue in Sidewalk District No. 1, 2007. SECTION 2. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sidewalk in said Sidewalk District No. 1, 2007, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: ORDINANCE NO. 9282 (Cont.) - 2 - Name Description Assessment Sidewalk District No. 1, 2007 Tim Plate The North Fifty-Four (54) Feet of Lot Twenty $757.56 Two (22), in Block One (1), In Koehler Place An addition to the City of Grand Island, Hall County, Nebraska and also a certain part of Lot Twenty Two (22) in Block One (1), Koehler Place as originally platted, more particularly described in warranty deed recorded as Document No. 97-104819 Burlington Northern & Santa Fe/ Lot 5, Nabob Subdivision $3,279.85 The Railway Co. Paul T & Peggy L Meyer Lot 4, Block 65, Wheeler & Bennett’s 2nd Addition $491.17 Noe Octavio Ayala & Lot 3, Block 65, Wheeler & Bennett’s 2nd Addition $424.74 Ofelia Leticia Ayala JBH Enterprises LLC Lot 6, Block 79, Wheeler & Bennett’s 3rd Addition $2,771.23 Sharon Melsen Lot 4, Block 66, Wheeler & Bennett’s 2nd Addition $710.59 Martin & Rosa Alicia Bustamante Lot 1, Block 13, Packer & Barr’s Addition $1,573.50 Mitchell T & Susan E Nickerson Lot 5, except the southerly Six (6) feet, in Block Twenty $1,519.14 Block 20, Packer & Barr’s 2nd Addition Deborah A Butler Lot 1, Block 9, Meves 1st Addition $1,941.10 Kozeny & McCubbin, L.C. – Lot 10, Block 78, Wheeler & Bennett’s 3rd Addition $719.99 Erica Knapstein TOTAL $14,188.87 SECTION 2. The special tax shall become delinquent as follows: One-seventh of the total amount shall become delinquent in ten days; one-seventh in one year; one-seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; one- seventh in six years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within ten days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of not exceeding seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of three-fourths of one percent per month shall be paid thereon as in the case of other special taxes, until the same is collected and paid. ORDINANCE NO. 9282 (Cont.) - 3 - SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: December 21, 2010. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9283 - Consideration of Amending Ordinance No. 9281 Creating Sanitary Sewer Connection District No. 527T for Platte Valley Industrial Park East Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Consideration of Amending Ordinance No. 9281 Creating Sanitary Sewer Connection District No. 527T for Platte Valley Industrial Park East Item #’s: F-2 Presenter(s): Steven P. Riehle, Public Works Director Background On November 23, 2010 City Council approved Ordinance No. 9281, which created Sanitary Sewer Connection District No. 527T. Discussion Public Works Administration is requesting the ordinance be amended. The pipe size for the sanitary sewer main was incorrectly listed in the original ordinance. An eighteen (18.0) inch gravity sanitary sewer main is being designed along Wildwood Drive from Gold Core Drive east to Blaine Street, while a fifteen (15.0) inch gravity sanitary sewer main is being designed along Schimmer Drive from Gold Core Drive east to Blaine Street. Both sections were listed with an eight (8.0) inch gravity sanitary sewer main in the original ordinance. 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 amend Ordinance No. 9281 to correct the size of the gravity sanitary sewer mains. Sample Motion Move to approve amendment of Ordinance No. 9281. Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9283 An ordinance to amend Ordinance No. 9281; to repeal any ordinances or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, City Council has approved the size correction of the gravity sanitary sewer main and appurtenances along Wildwood Drive from Gold Core drive east to Blaine Street; and along Schimmer Drive from Gold Core Drive east to Blaine Street. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 527T is hereby created for the construction of: · An eighteen (18.0) inch gravity sanitary sewer main and appurtenances thereto along Wildwood Drive from Gold Core Drive east to Blaine Street. · A fifteen (15.0) inch gravity sanitary sewer main and appurtenances thereto along Schimmer Drive from Gold Core Drive east to Blaine Street. · a sanitary sewer lift station and appurtances adjacent to Blaine Street between Wildwood Drive and Schimmer Drive ORDINANCE NO. 9283 (Cont.) - 2 - · a sanitary sewer force main and appurtances from the lift station along Blaine Street north to the gravity sanitary sewer main on Schimmer Drive all in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: Beginning at a southwest corner of Lot Nine (9), Platte Valley Industrial Park Third Subdivision; thence easterly on a line eighty (80.0) feet northerly and parallel with the southerly line of said Platte Valley Industrial Park Third Subdivision and its extension, a distance of six hundred seventy and seventy two hundredths (670.72) feet to a point on the easterly right-of-way line of the St. Joseph Branch of the Union Pacific Railroad; thence northerly along the easterly right-of-way line of said St. Joseph Branch of the Union Pacific Railroad, to a point three hundred (300.0) feet northerly of the southerly line of the Southeast Quarter (SE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West; thence easterly, three hundred (300.0) feet northerly and parallel with the southerly line of said Southeast Quarter (SE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West, a distance of two thousand two hundred eighty seven and fifty six hundredths (2,287.56) feet; thence northerly and three hundred (300.0) feet parallel with the easterly line of said Southeast Quarter (SE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West, a distance of two thousand two hundred and ninety three and fifty one hundredths (2,293.51) feet to a point on the southerly line of the Northeast Quarter (NE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West; thence continuing northerly and three hundred (300.0) feet parallel with the easterly line of said Northeast Quarter (NE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West, a distance of two thousand three hundred seventy seven and two hundredths (2,377.02) feet; thence westerly and three hundred (300.00) feet parallel with the northerly line of the said Northeast Quarter (NE ¼) of Section Five (5), Township Ten (10) North, Range Nine (9) West, to a point on the east line of Gold Core Drive; thence northerly on the east line of Gold Core Drive and an extension thereof to the north line of Section Five (5), Township Ten (10) North, Range Nine (9) West, thence easterly on the north line of Section Five (5), Township Ten (10) North, Range Nine (9) West to the northeast corner of said Section Five (5), Township Ten (10) North, Range Nine (9) West, thence southerly on the easterly line of Section Five (5), Township Ten (10) North, Range Nine (9) West to the southeast corner of said Section Five (5), Township Ten (10) North, Range Nine (9) West; thence westerly on the south line of said Section Five (5), Township Ten (10) North, Range Nine (9) West; and the south line of Platte Valley Industrial Park Third Subdivision to a point five hundred seventy and fifty hundredths (570.50) feet west of the southeast corner of Platte Valley Industrial Park Third Subdivision; thence northerly on a line for a distance eighty (80) feet to the point of beginning. ORDINANCE NO. 9283 (Cont.) - 3 - SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the costs thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer main connection district shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall determine benefits to abutting property by reason of such improvement pursuant to Section 16-6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be certified by resolution of the City Council to the Hall County Register of Deeds. A connection fee in the amount of the special benefit accruing to each property in the district shall be paid to the City of Grand Island at such time as such property becomes connected to the sanitary sewer main in such district. No property thus benefited by sanitary sewer main improvements shall be connected to the sanitary sewer main until the connection fee is paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 9283 (Cont.) - 4 - Enacted: December 21, 2010. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9284 - Consideration of Amending Salary Ordinance Tuesday, December 21, 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: December 21, 2010 Subject: Amending Salary Ordinance Item #’s: F-3 Presenter(s): Brenda Sutherland, Human Resources Director Background The City’s payroll department receives its authority to compensate employees by means of the City Salary Ordinance. 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 as well. Discussion The salary ordinance being proposed to Council is needed to compensate the Interim Public Works Director. A recommendation by Mayor Vavricek to appoint Gary Mader as Interim Public Works Director is also presented in this Council Agenda. As there is not a step in the Public Works Director pay scale to place Mr. Mader in for this interim service, it is proposed that he be paid a stipend of $900 per month to be prorated for time of service. A change to the salary ordinance is needed to authorize payroll to compensate Mr. Mader for this additional appointment. 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 The Human Resources Director recommends that the Council approve Salary Ordinance #9284. Sample Motion Move to approve Salary Ordinance # 9284. Approved as to Form ¤ ___________ December 20, 2010¤ City Attorney ORDINANCE NO. 9284 An ordinance to amend Ordinance 9268 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 provide compensation for the Interim Public Works Director; and to repeal those portions of Ordinance No. 9268 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. 9284 (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 – 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 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 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 ORDINANCE NO. 9284 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 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 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 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 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 ORDINANCE NO. 9284 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 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 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 ORDINANCE NO. 9284 (Cont.) - 5 - SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 14.3613/20.1955 40 hrs/week Fleet Services Inventory Clerk 13.1500/18.5000 40 hrs/week Fleet Services Mechanic 16.3825/23.0410 40 hrs/week Horticulturist 15.1638/21.3650 40 hrs/week Maintenance Worker – Cemetery 14.2525/20.0595 40 hrs/week Maintenance Worker – Parks 14.1574/19.9372 40 hrs/week Maintenance Worker – Streets 13.8581/19.5019 40 hrs/week Senior Equipment Operator – Streets 15.7348/22.1541 40 hrs/week Senior Maintenance Worker – Parks 15.7348/22.1541 40 hrs/week Senior Maintenance Worker – Streets 15.7348/22.1541 40 hrs/week Traffic Signal Technician 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 14.4214/19.0838 40 hrs/week Cashier 13.2364/18.0369 40 hrs/week Custodian 15.4563/18.2518 40 hrs/week Electric Distribution Crew Chief 28.2329/35.9069 40 hrs/week ORDINANCE NO. 9284 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Electric Underground Crew Chief 28.2329/35.9069 40 hrs/week Engineering Technician I 17.7918/25.4568 40 hrs/week Engineering Technician II 21.9942/30.1571 40 hrs/week GIS Coordinator 22.6286/31.7526 40 hrs/week Instrument Technician 26.5386/35.0596 40 hrs/week Lineworker Apprentice 17.2099/25.2351 40 hrs/week Lineworker First Class 26.0863/30.8526 40 hrs/week Materials Handler 21.4797/28.7929 40 hrs/week Meter Reader 15.4761/20.1811 40 hrs/week Meter Technician 20.8076/25.7161 40 hrs/week Power Dispatcher I 26.0574/36.2300 40 hrs/week Power Dispatcher II 27.3685/38.0468 40 hrs/week Power Plant Maintenance Mechanic 24.6660/30.7139 40 hrs/week Power Plant Operator 29.1394/33.9424 40 hrs/week Senior Accounting Cle rk 16.2100/21.2338 40 hrs/week Senior Engineering Technician 27.8288/34.0562 40 hrs/week Senior Materials Handler 24.7316/32.2591 40 hrs/week Senior Meter Reader 18.3291/21.7545 40 hrs/week Senior Power Dispatcher 31.6593/43.4454 40 hrs/week Senior Power Plant Operator 28.7299/36.8309 40 hrs/week Senior Substation Technician 33.8273/35.0596 40 hrs/week Senior Water Maintenance Worker 20.0983/26.4649 40 hrs/week Substation Technician 31.3152/32.5583 40 hrs/week Systems Technician 27.5975/35.0596 40 hrs/week Tree Trim Crew Chief 24.7220/30.7011 40 hrs/week Utility Electrician 24.7743/32.5583 40 hrs/week Utility Technician 24.1970/34.0365 40 hrs/week Utility Warehouse Clerk 17.8792/22.0587 40 hrs/week Water Maintenance Worker 16.7450/23.1567 40 hrs/week Wireworker I 18.8115/26.5994 40 hrs/week Wireworker II 26.0863/30.8526 40 hrs/week ORDINANCE NO. 9284 (Cont.) - 7 - SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensatio n (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 17.8037/24.8884 Police Sergeant 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 ORDINANCE NO. 9284 (Cont.) - 8 - excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 16.6707/23.1150 54 hrs/week Firefighter / EMT 12.3855/17.9740 54 hrs/week Firefighter / Paramedic 13.8282/19.5300 54 hrs/week SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of 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 14.3249/20.1564 40 hrs/week Equipment Operator – WWTP 16.2630/22.8838 40 hrs/week ORDINANCE NO. 9284 (Cont.) - 9 - Maintenance Mechanic I 16.2630/22.8838 40 hrs/week Maintenance Mechanic II 18.2093/25.6223 40 hrs/week Maintenance Worker – WWTP 16.2630/22.8838 40 hrs/week Senior Equipment Operator – WWTP 17.5790/24.7353 40 hrs/week Wastewater Clerk 12.2368/17.2182 40 hrs/week Wastewater Plant Laboratory Technician 17.2638/24.2919 40 hrs/week Wastewater Plant Operator I 14.5453/20.4669 40 hrs/week Wastewater Plant Operator II 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 15.2682/20.3814 40 hrs/week Accounts Payable Clerk 14.4823/20.9529 40 hrs/week Administrative Assistant 15.0641/21.6061 40 hrs/week Audio Video Technician 15.2069/21.4530 40 hrs/week Building Inspector 18.8097/26.6887 40 hrs/week Building Secretary 14.1761/20.1466 40 hrs/week Community Development Administrator 16.4113/23.5963 Exempt Computer Operator 18.2994/24.0557 40 hrs/week Computer Programmer 20.8713/30.5874 40 hrs/week Computer Technician 18.8484/24.7778 40 hrs/week Electrical Inspector 18.8097/26.6887 40 hrs/week Emergency Management Coordinator 14.1761/20.1466 40 hrs/week Engineering Technician – Public Works 19.3506/27.2908 40 hrs/week Evidence Technician 14.0741/20.5957 40 hrs/week Finance Secretary 14.1761/20.1466 40 hrs/week ORDINANCE NO. 9284 (Cont.) - 10 - GIS Specialist 21.4555/30.1064 40 hrs/week Maintenance Worker I – Building, Library 14.7885/20.0140 40 hrs/week Maintenance Worker II – Building, Police 15.5846/21.1264 40 hrs/week Parks and Recreation Secretary 14.1761/20.1466 40 hrs/week Planning Secretary 14.1761/20.1466 40 hrs/week Planning Technician 19.4086/27.3071 40/hrs/week Plans Examiner 18.8097/26.6887 40 hrs/week Plumbing Inspector 18.8097/26.6887 40 hrs/week Police Records Clerk – Full Time 12.6554/17.6156 40 hrs/week Public Safety Dispatcher 14.2884/20.8713 40 hrs/week Shooting Range Operator 19.6363/26.6172 40 hrs/week Stormwater Technician 19.3506/27.2908 40 hrs/week Utility Secretary 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. 9284 (Cont.) - 11 - Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities, Finance and Service/Clerical labor agreements may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater 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. 9284 (Cont.) - 12 - biweekly. Public Works Department personnel in the job classifications Fleet Services Supervisor, Fleet Services Superintendent, and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) For all non-union employees the City will include in the last paycheck in September 2010, payment for an employee’s unused medical leave in excess of 960 hours accrued from January 2010 through September 2010. 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. 9284 (Cont.) - 13 - 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 retir ement 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 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 agreement ORDINANCE NO. 9284 (Cont.) - 14 - 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. 9284 (Cont.) - 15 - SECTION 10. The City Administrator shall receive a vehicle allowance of Five Hundred Dollars ($500.00) per month in lieu of mileage allowance, divided into two equal payments of Two Hundred Fifty Dollars ($250.00). SECTION 11. The Utilities Director shall be paid a stipend of Nine Hundred Dollars ($900.00) per month prorated as appropriate for services tendered while acting as both the Utilities Director and the Interim Public Works Director. SECTION 12. 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 1213. 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 October 1, 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 October 11, 2010January 10, 2011. SECTION 13. Those portions of Ordinance No. 9268 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: December 21, 2010 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of December 7, 2010 City Council Regular Meeting Tuesday, December 21, 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 December 7, 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 December 7, 2010. Notice of the meeting was given in The Grand Island Independent on December 1, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata and Gericke. The following City Officials were present: City Clerk RaNae Edwards , Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Emma Kruetzer and Ashley Bykerk and board member Elizabeth Kuta. CITY COUNCIL REORGANIZATION: APPROVING MINUTES OF NOVEMBER 23, 2010 CITY COUNCIL MEETING. Motion by Meyer, second by Zapata to approve the minutes of the November 23, 2010 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. ACCEPTANCE OF ELECTION CERTIFICATE: Motion by Zapata , second by Meyer to accept the Election Certificate for the November 2, 2010 General Election. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady presented plaques to outgoing Councilmember’s Robert (Bob) Meyer and Jose Zapata and thanked them for their service to the City of Grand Island. Council President Peg Gilbert presented a plaque to Mayor Margaret Hornady, the first woman Mayor for the City of Grand Island and thanked her for her service. COMMENTS BY OUTGOING OFFICIALS: Councilmember Me yer commented on all the good things the Council had accomplished. He thanked the voters, tax payers and city employees. Councilmember Zapata thanked Mayor Hornady for the appointment to serve the City of Grand Island in Ward 1. He also thanked the City Council, staff, citizens, his wife and daughters. Mayor Hornady thanked the citizens of Grand Island, city department director’s, staff, employees of the City of Grand Island and City Council. She commented on the upcoming challenges of the budget and hiring a new city administrator. RECESS: Motion by Gilbert, second by Gericke to recess at 7:15 p.m. for the transition to the new governing body. Upon roll call vote, all voted aye. Motion adopted. Page 2, City Council Regular Meeting, December 7, 2010 Council reconvened at 7:25 p.m. ADMINISTRATION OF OATH TO NEWLY ELECTED MAYOR AND COUNCIL MEMBER’S: City Clerk RaNae Edwards administered the Oath of Office to newly elected Mayor Jay Vavricek. Ms. Edwards then administered the Oath of Office to newly elected Councilmember’s Randy Gard and Linna Dee Donaldson and returning Councilmember’s Peg Gilbert, Mitchell Nickerson and John Gericke. SEATING OF NEWLY ELECTED MAYOR AND COUNCILMEMBER’S FOLLOWED BY ROLL CALL: The following members were present: Mayor Vavricek, Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke. COMMENTS BY NEWLY ELECTED OFFICIALS: Councilmember’s Peg Gilbert, Mitch Nickerson, John Gericke, Linna Dee Donaldson and Randy Gard each thanked the citizen’s of Grand Island for the opportunity to represent them. They also thanked their families, friends and looked forward to working with the other councilmember’s. Mayor Vavricek thanked his family, campaign organizers, voters, financial contributors, and God for the privilege to serve another 4 years as Mayor. He thanked Margaret Hornady, Bob Meyer, and Jose Zapata for their service to the City of Grand Island. He recognized Veteran’s for their service. He commented he would promote government, public safety, job growth, education, communication, bring back the “State of the City” address and would use Robert’s Rules of Order for impartiality and openness. Financial reports would be presented to the Council monthly. Mentioned was the plan to initiate a strategic planning process with a Council Retreat in January and February with an official goal setting resolution for the March 8, 2011 City Council meeting. Budget development and recruitment for a City Administrator were very important. He wanted to explore increased opportunities in the Legal Department, procurement code, code compliance, Public Works – infrastructure, liaison to Boards and Committees, and visioning. He looked forward to working with the City Council, staff and employees. ELECTION OF CITY COUNCIL PRESIDENT: Mayor Vavricek reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Councilmember Ramsey nominated Councilmember Peg Gilbert. Councilmember Niemann nominated Councilmember John Gericke. Councilmember Haase nominated Councilmember Larry Carney. There were no further nominations. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Gilbert had received 6 votes, Councilmember Gericke had received 2 votes, and Councilmember Carney had received 2 votes. Mayor Vavricek declared Councilmember Peg Gilbert the new Council President for 2011. Motion by Haase, second by Ramsey to make the vote a unanimous one for Councilmember Peg Gilbert as City Council President. Upon roll call vote, all voted aye. Motion adopted. Motion by Gericke that the ballots be destroyed. Motion failed due to lack of a second. Page 3, City Council Regular Meeting, December 7, 2010 RESOLUTIONS: #2010-351 – Approving Appointment of City Attorney Dale Shotkoski. Mayor Vavricek reported he was submitting the appointment of Dale Shotkoski as City Attorney to coincide with the Mayor’s term of office. Motion by Haase, second by Carney to approve Resolution #2010-351. Upon roll call vote, all voted aye. Motion adopted. #2010-352 – Approving Appointment of City Clerk RaNae Edwards. Mayor Vavricek reported he was submitting the appointment of RaNae Edwards as City Clerk to coincide with the Mayor’s term of office. Motion by Gilbert, second by Gericke to approve Resolution #2010-352. Upon roll call vote, all voted aye. Motion adopted. #2010-353 – Approving Appointment of City Treasurer/Finance Director Mary Lou Brown. Mayor Vavricek reported he was submitting the appointment of Mary Lou Brown as City Treasurer/Finance Director to coincide with the Mayor’s term of office. Motion by Ramsey, second by Gericke to approve Resolution #2010-353. Upon roll call vote, all voted aye. Motion adopted. #2010-354 – Approving Appointment of Interim City Administrator Mary Lou Brown. Mayor Vavricek reported he was submitting the appointment of Mary Lou Brown as Interim City Administrator until a new City Administrator is hired. Human Resources Director Brenda Sutherland explained the pay scale relative to personnel rules. Motion by Dugan, second by Carney to approve Resolution #2010-354. Upon roll call vote, all voted aye. Motion adopted. Mary Lou Brown commented on being the newest member on the team and was humbled. She looked forward to the challenges and working with the Mayor and City Council. PUBLIC HEARINGS: Public Hearing on Request from Blazin Wings, Inc. dba Buffalo Wild Wings Grill & Bar, 809 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 Blazin Wings, Inc. dba Buffalo Wild Wings Grill & Bar, 809 Allen Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on November 10, 2010; notice to the general public of date, time, and place of hearing published on November 27 2010; notice to the applicant of date, time, and place of hearing mailed on November 10, 2010; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Shane Cooley, Manager, 4745 N. 173rd Circle, Omaha, Nebraska was present to answer questions. No further public testimony was heard. Public Hearing on Request from Friesen Management, Inc. dba Sam and Louie’s NYP, 928 Concord Avenue for a Class “C” Liquor License. This item was pulled from the agenda at the request of the applicant Donald Friesen. Page 4, City Council Regular Meeting, December 7, 2010 Public Hearing on Request from Geotechnical Services, Inc. for a Conditional Use Permit for a Soil Vapor Extrication Trailer Installation Located at 417 North Sycamore Street. Craig Lewis, Building Department Director reported that Geotechnical Services, Inc. had submitted an application for a conditional use permit for a soil vapor extrication trailer installation located at 417 North Sycamore Street. Mr. Lewis stated this request was for the continued use of a vapor extraction trailer originally approved by Council on November 14, 2006 with landscaping requirements. These requirements had not been met over the last four years. Staff recommended if Council approved this permit that landscaping conditions would be required. Fred Jones, representing Geotechnical Services spoke in support. No further public testimony was heard. CONSENT AGENDA: Consent Agenda items G-4, G-6 and G-8 were removed for further discussion. Motion by Gilbert, second by Haase to approve the Consent Agenda excluding items G-4, G-6 and G-8. Upon roll call vote, all voted aye. Motion adopted. #2010-338 – Approving Designated Depositories and City Treasurer Authorizations. #2010-339 – Approving Redemption of Solid Waste Bonds. #2010-340 – Approving Final Plat and Subdivision Agreement for Anderson Third Subdivision. It was noted that Melodee A. Anderson, owner had submitted the Final Plat and Subdivision Agreement for Anderson Third Subdivision for the purpose of creating 1 lot on a tract of land in Part of the N1/2, NE/14 of Section 24-11-10 comprising approximately 5.165 acres. #2010-342 – Approving Award of Construction Contract on Project WWTP-2010-3 for Aeration Basin Improvements at the Wastewater Treatment Plant with Oakview dck, LLC of Red Oak, Iowa in an Amount of $3,487,000.00. #2010-344 – Approving Change Order #1 for Transfer House Fire Protection Upgrade at Platte Generating Station with Nebraska Fire Sprinkler Corporation of Alda, Nebraska for an increase of $6,580.00 and a Revised Contract Amount of $86,380.00. #2010-346 – Approving Addendum No. 2 to the SCALES Interlocal Agreement to Include Lexington Police Department. #2010-347 – Approving Certificate of Final Completion for Paving Improvements Sections A & B for the Veterans Athletic Field Complex with Diamond Engineering of Grand Island, Nebraska. #2010-348 – Approving Certificate of Final Completion for Paving Improvements Section C at the Veterans Athletic Field Complex with Diamond Engineering of Grand Island, Nebraska. #2010-341 – Approving Amendment No. 4 to the Agreement with Kir kham Michael of Omaha, Nebraska for Engineering Consulting Services for the Wasmer Detention Cell in an amount of $16,292.01 and a Revised Agreement Amount of $137,633.66. Public Works Director Steve Riehle explained that Federal Highway Administration (FHWA) allows federal aid funds to be used for up to 80% of eligible project costs. The FHWA would not participate in drainage improvements to accommodate storm water runoff for more than one block away from a federal aid route. Additional civil engineering work was needed on this project to determine participation levels in the project based on FHWA guidance. Page 5, City Council Regular Meeting, December 7, 2010 Interim City Administrator Mary Lou Brown commented on how much FHWA would pay towards storm sewer design to the Wasmer Detention Cell. Discussion was held concerning water problems from people around the Wasmer Detention Cell. Funding in the budge was figured on the 80%/20% cost share. Motion by Ramsey, second by Niemann to approve Resolution #2010-341. Upon roll call vote, all voted aye. Motion adopted. #2010-343 – Approving Power Sales Agreement between the City of Grand Island and the Nebraska Public Power District for Laredo Ridge Wind Project. Utilities Director Gary Mader explained the Power Sales Agreement with the Nebraska Public Power District (NPPD) for the Laredo Ridge Wind Project. He commented on renewable energy sources. Mentioned were the Power Sales Agreements the City had participated with Ainsworth, Elkhorn, and Springview Projects. Discussion was held regarding the 20 year agreement which Mr. Mader said was normal. The Laredo Ridge Wind Project was privately owned and marketed by NPPD. Fossil fuel vs renewable energy was discussed. Increased electric costs were mentioned. Motion by Gilbert, second by Dugan to approve Resolution #2010-343. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gericke voted aye. Councilmember Gard voted no. Motion adopted. #2010-345 – Approving Nebraska Children and Families Foundation Agreement for a Child Well- Being Implementation Grant in an Amount up to $50,000.00. Community Development Administrator Joni Kuzma reported this was the third part of grand funds to the City. The goal was to bring people together to help child care and building on programs already in existence. Motion by Ramsey, second by Niemann to approve Resolution #2010-345. Upon roll call vote, all voted aye. Motion adopted. REQUEST S AND REFERRALS: Consideration of Request from Geotechnical Services, Inc. for a Conditional Use Permit for a Soil Vapor Extrication Trailer Installation Located at 417 North Sycamore Street. This item related to the aforementioned Public Hearing. Motion by Gericke , second by Niemann to approve the request from Geotechnical Services, Inc. for a Conditional Use Permit for a Soil Vapor Extrication Trailer Installation Located at 417 North Sycamore Street. Discussion was held regarding the importance of soil vapor extrication, landscaping, enforcement, and expiration of the current permit. Building Department Director Craig Lewis stated the current permit expired on November 15, 2010. City Attorney Dale Shotkoski reported violations of Conditional Use Permits were brought back to Council or could be taken to Court. Motion by Gilbert, second by Haase to amend the motion to approve a 6 month duration of the Conditional Use Permit. Upon roll call vote, all voted aye. Motion adopted. Upon roll call vote on main motion, all voted aye. Motion adopted. Page 6, City Council Regular Meeting, December 7, 2010 RESOLUTIONS: #2010-349 – Approving Request from Blazin Wings, Inc. dba Buffalo Wild Wings Grill & Bar, 809 Allen Drive for a Class “I” Liquor License and Liquor Manager Designation for Shane Cooley, 4745 N. 173rd Circle, Omaha, Nebraska. This item related to the aforementioned Public Hearing. Motion by Haase, second by Niemann to approve Resolution #2010-349 contingent upon final inspections and completion of Mr. Cooley completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2010-350 – Approving Request from Friesen Management, Inc. dba Sam and Louie’s NYP, 928 Concord Avenue for a Class “C” Liquor License and Liquor Manager Designation for Donald Friesen, 4030 W. Husker Highway. This item was pulled from the agenda at the request of the applicant Donald Friesen. #2010-355 – Approving Designating No Parking on Gold Core Drive, from Schimmer Drive to wildwood Drive. This item was removed from the agenda at the request of Interim City Administrator Mary Lou Brown. PAYMENT OF CLAIMS: Motion by Dugan, second by Gilbert to approve the Claims for the period of November 24, 2010 through December 7, 2010, for a total amount of $4,006,027.29. Unanimously approved. Motion by Dugan, second by Gilbert to approve the Claims for the Period of November 24, 2010 through December 7, 2010 for the Veterans Athletic Field Complex for a total amount of $8,311.45. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. RaNae Edwards City Clerk Item G2 Approving Request from Susan McAfee, 1863 7th Avenue, Dannebrog for Liquor Manager Designation for Pump & Pantry, 3200 South Locust Street Tuesday, December 21, 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: December 21, 2010 Subject: Request from Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #10, 3200 South Locust Street Item #’s: G-2 Presente r(s): RaNae Edwards, City Clerk Background Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-13154” Liquor License for Pump & Pantry #10, 3200 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation in conjunction with the Class “B-13154” Liquor License for Pump & Pantry #10, 3200 South Locust Street with the stipulation that Ms. McAfee complete a state approved alcohol server/seller training program. 12/15/10 Grand Island Police Department 450 09:48 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:58:44 12/13/2010 Occurred before : 08:58:44 12/13/2010 When reported : 08:58:44 12/13/2010 Date disposition declared : 12/13/2010 Incident number : L10121532 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3200 Locust St S State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 33745 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 22099 12/13/10 McAfee, Larry Scott Susan's Spouse NM 55236 12/13/10 Pump & Pantry; #10, Business Involved NM 94953 12/13/10 McAfee, Susan R Liquor Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Designation from Susan McAfee for Pump & Pantry on South Locust. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 12/15/10 Grand Island Police Department 450 09:48 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 09:25:20 12/15/2010 318 Grand Island Police Department Supplemental Report Date, Time: Wed Dec 15 09:25:40 CST 2010 Reporting Officer: Vitera Unit- CID Susan McAfee is a familiar name to me. I have done liquor manager investigations on her before. I looked back through Spillman and found they were done on 4/18/07, 5/8/07, 11/29/07, and 11/19/08. During all of these investigations, all I ever found were some undisclosed speeding convictions. I checked Susan again today through NCJIS and only found speeding convictions. A speeding conviction in 2009 was undisclosed. I also checked on Susan's husband, Larry "Scott" McAfee. NCJIS only showed speeding convictions for him as well. He didn't have any undisclosed convictions. In addition, he signed a Spousal Affidavit of Non Participation form. In looking at Susan's application, she has been or currently is a liquor manager at ten different Pump & Pantry stores. Susan has lived in Alda and Dannebrog for the last twenty years. With her length of residency and no criminal history in the State of Nebraska, the GIPD has no objection to her being a liquor manager at another Pump & Pantry. Item G3 #2010-356 - Approving Acquisition of Utility Easement - 1140 Allen Drive - 1140 Allen Drive - Custard Cats, LLC This item relates to the aforementioned Public Hearing Item E-2. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-356 WHEREAS, a public utility easement is required by the City of Grand Island, from Custard Cats, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on December 21, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The easterly thirty (30.0) feet of the westerly fifty (50.0) feet of the northerly thirty (30.0) feet of Lot Nineteen (19), Meadowlark West Third Subdivision. The above-described easement and right-of-way containing a total of 900 square feet, more or less, as shown on the plat dated 12/1/2010, 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 Custard Cats, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2010-357 - Approving Acquisition of Utility Easement - 2820 Riverside Drive - Country Club Holding Association This item relates to the aforementioned Public Hearing Item E-3. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-357 WHEREAS, a public utility easement is required by the City of Grand Island, from Country Club Holding Association, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on December 21, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT #1 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet to the ACTUAL Point of Beginning of Tract #1; thence N89º06’16”W, a distance of one hundred thirty nine and ninety four hundredths (139.94) feet; thence N21º48’22”W, a distance of two hundred (200.0) feet. TRACT #2 The southerly line of a ten (10.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet to the - 2 - ACTUAL Point of Beginning of Tract #2; thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet. TRACT #3 The westerly line of a ten (10.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48); thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet to the ACTUAL Point of Beginning of Tract #3; thence S00º05’46”E, along the easterly line of the said present L.E. Ray Park property, a distance of one thousand two hundred forty five and twenty one hundredths (1,245.21) feet to a point on the northerly right-of-way line of U.S. Highway 34. TRACT #4 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet; thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet to the ACTUAL Point of Beginning of Tract #4; thence N23º20’50”E, a distance of three hundred twenty seven and sixteen hundredths (327.16) feet; thence N28º42’15”W, a - 3 - distance of one hundred twenty two and eighty four hundredths (122.84) feet; thence N60º13’12”E, a distance of two hundred thirty (230.0) feet. TRACT #5 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28,) Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet; thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet; thence N23º20’50”E, a distance of three hundred twenty seven and sixteen hundredths (327.16) feet to the ACTUAL Point of Beginning of Tract #5; thence N50º10’03”E, a distance of one hundred ninety eight and thirty four (198.34) feet; thence N69º23’00”E, a distance of six hundred eight and twenty four hundredths (608.24) feet; thence N45º00’03”E, a distance of two hundred fourteen and twenty eight hundredths (214.28) feet; thence N77º22’06”E, a distance of sixty eight (68.0) feet. TRACT #6 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southeast corner of Lot One (1), Larsen Acres Subdivision; thence southwesterly along the southerly line of said Lot One (1), on an assumed bearing of S54º44’35”W, a distance of one hundred eight and seventy one hundredths (108.71) feet to the southwest corner of said Lot One (1), being the ACTUAL Point of Beginning of Tract #6; thence S00º05’18”W, a distance of one hundred twenty five (125.0) feet. The side lines of the above described tracts shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way tracts containing a combined total of 1.57 acres more or less, as shown on the plat dated 11/23/2010, marked Exhibit “A” attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF - 4 - THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Country Club Holding Association, on the above- described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-358 - Accepting Certificate of Final Completion - Water Main Project 2009-W-8 - Veterans Athletic Field Complex Tuesday, December 21, 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 Meeting: December 21, 2010 Subject: Certificate of Final Completion for Water Main Project 2009-W-8 - Veterans Athletic Field Complex Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background In association with the relocation of the Nebraska State Fair to Grand Island, it was necessary to move the athletic fields at Fonner Park to a new location. The area chosen for the new site is located on the west side of Broadwell Avenue, just south of Eagle Scout Park. The Parks and Recreation Department advertised for bids for the installation of utility infrastructure, and the contract for Water Main Project 2009-W-8 was awarded on November 24, 2009, to the Diamond Engineering Company for a water line to provide service to the area. Discussion All work associated with the referenced project has been completed and placed in service. 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 accept the Certificate of Final Completion for Water Main Project 2009-W-8 – Veterans Athletic Field Complex. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2009-W-8 – Veterans Athletic Field Complex. Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-358 WHEREAS, the City Engineer/Public Works Director and the Utilities Director for the City of Grand Island have issued a Certificate of Final Completion for Water Main Project 2009-W-8 (Veterans Athletic Field Complex) certifying that Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director and Utilities Director recommend the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the City Engineer/Public Works Director and the Utilities Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2009-W-8 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-359 - Approving Change Order Number 1 for Addition to Transfer Station Storage Building Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Approving Change Order Number 1 for Transfer Station Storage Building Addition Item #’s: G-6 Presenter(s): Steven P. Riehle, Public Works Director Background Rathman & Manning Corporation of Chapman, Nebraska was awarded an $80,750.00 contract by the council on July 13, 2010 for the addition to the Transfer Station Storage Building. Construction began September 3, 2010. Discussion During construction, a minor change was made to the interior 8’ x 8’ overhead door track from a standard lift to a vertical lift. A standard lift track would have unnecessarily used space in the building. By changing to a vertical lift overhead door track, the door and track will not interfere with space between the original building and the new addition. The original project completion date in the contract was November 19, 2010. The project was awarded at the July 13, 2010 City Council meeting and the contract was signed by the Mayor August 17, 2010. The notice to proceed was issued on August 18, 2010 after the plans and specifications were reviewed and approved by the City Building Department and Fire Department. The final completion date for the project is being extended by five weeks to allow for the time between the project award and the notice to proceed. Public Works Administration recommends extending the contract completion date by 5 weeks because it matches the delay between the award and the notice to proceed dates. 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 Change Order No. 1 for the Transfer Station Storage Building Addition to add the item “8’ x 8’ overhead door – vertical lift and to extend the contract completion date by 5 weeks. Sample Motion Move to Approve Change Order Number1 for the Transfer Station Storage Building Addition. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: December 21, 2010 PROJECT: Addition to Transfer Station Storage Building CONTRACTOR: Rathman & Manning Corporation of Chapman, Nebraska CONTRACT DATE: July 13, 2010 You are directed to make the changes noted below in the subject contract: 1. Change interior 8’ x 8’ overhead door track from standard lift to vertical lift Quantity Unit Price Total Price 8’ x 8’ overhead door – vertical lift 1.00 $200.00 $200.00 TOTAL OF CHANGE ORDER NO. 1 $200.00 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ......................................................................................$80,750.00 Net Increase/Decrease Resulting from this Change Order..............................................................$ 200.00 Revised Contract Price Including this Change Order ................................................................$80,950.00 Contract Completion Date prior to this Change Order…………………………………………..November 19, 2010 Contract Completion Date including this Change Order……………………………….………..December 29, 2010 Approval Recommended: By_______________________________________ Steven P. Riehle, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: Rathman & Manning Corporation By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-359 WHEREAS, on July 13, 2010, by Resolution 2010-183, the City of Grand Island awarded Rathman & Manning Corporation of Chapman, Nebraska the bid in the amount of $80,750.00 for the addition to the Transfer Station Storage Building; and WHEREAS, it has been determined that modifications to the work to be performed by Rathman & Manning Corporation are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, it is recommended that modifications to the work to be done by Rathman & Manning Corporation are necessary; and WHEREAS, the result of such modifications will increase the contract amount by $200.00 for a revised contract price of $80,950.00 and extend the date of completion from November 19, 2010 to December 29, 2010. 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 Change Order No. 1 between the City of Grand Island and Rathman & Manning Corporation of Chapman, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-360 - Approving Designation of Sole Source Provider for Flyght Equipment and Repairs at the Wastewater Treatment Plant Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Approving Designation of Sole Source Provider for Flyght Equipment and Repairs at the Wastewater Treatment Plant Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background There are twenty-five (25) Flyght mixers and eight (8) Flyght pumps currently in use at the Wastewater Treatment Plant and in Lift Stations in Grand Island. The Wastewater Plant is also moving forward with a project to improve the Aeration Basins which will add another twelve (12) Flyght mixers to the basin complex. Discussion Electric Pump, Inc. of Des Moines, Iowa is the secured territory vendor of Flyght Equipment and is the only representative able to do factory repairs on Flyght equipment. City Procurement Code requires three (3) bids for work over $7,500.00 and council approval for work over $20,000.00. The code also allows for designation of sole source. Wastewater Staff recently attempted to get three (3) bids for Flyght pump repair work that was under $20,000.00, but was only able to get one quote due to Electrice Pump, Inc. being the only provider in this area as a secured territory vendor with the manufacturer Flyght. The Public Works Administration and Wastewater Management are requesting that Electric Pump, Inc. be designated as the sole source provider for Flyght equipment and repairs. This would allow the Wastewater Treatment Plant to efficiently maintain the pumps and mixers used throughout the Wastewater Plant and Collection System. 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 pass a resolution designating Electric Pump, Inc. of Des Moines, Iowa as the sole source provider for Flyght equipment and repairs. Sample Motion Move to approve the designation of Electric Pump, Inc. of Des Moines, Iowa as the sole source provider for Flyght equipment and repairs. Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-360 WHEREAS, the Wastewater Treatment Plant (WWTP) uses Flyght mixers and Flyght pumps at the Wastewater Treatment Plant and Lift Stations; and WHEREAS, Electric Pump, Inc of Des Moines, Iowa is the secured territory vendor of Flyght equipment and repairs; and WHEREAS, it is recommended that Electric Pump, Inc. of Des Moines, Iowa be designated as the sole source provider for Flyght equipment and repairs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Electric Pump, Inc. of Des Moines, Iowa is herby designated as the sole source provide for Flyght equipment and repairs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010-361 - Approving Acquisition of Landscape Easements Located in Business Improvement District No. 6 (Second Street) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-361 WHEREAS, landscape easements are required by the City of Grand Island, from the property owners in Business Improvement District No. 6; and WHEREAS, a public hearing was held on December 21, 2010, for the purpose of discussing the proposed acquisition of landscape easements in Business Improvement District No. 6; and WHEREAS, the following legal descriptions detail the acquired landscape easements: Five Points Bank REFERRING TO THE SOUTHWEST CORNER OF LOT EIGHT (8), BLOCK THIRTEEN (13), KERNOHAN AND DECKER’S ADDITION, THENCE NORTHERLY ON THE WEST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF 6.36’ TO THE ACTUAL POINT OF BEGINNING, THENCE NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 39.25’, THENCE NORTHERLY DEFLECTING 46°, 34 MINUTES, 34 SECONDS LEFT A DISTANCE OF 36.05’, THENCE NORTHWESTERLY DEFLECTING 43°, 12 MINTUES, 04 SECONDS LEFT A DISTANCE OF SIX (6) FEET, THENCE NORTHEASTERLY DEFLECTING 89°, 46 MINTUES, 38 SECONDS RIGHT A DISTANCE OF 1.97’ TO THE EAST LINE OF SAID LOT EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF 77.42’, THENCE WESTERLY ON A PERPENDICULAR LINE TO THE EAST OF SAID LOT EIGHT (8) A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF 79.45’, THENCE SOUTHWESTERLY ON A LINE FOR A DISTANCE OF 26.85’, THENCE WESTERLY ON A LINE FOR A DISTANCE OF 34.93’ TO THE WEST LINE OF SAID LOT EIGHT (8), THENCE SOUTH ON THE WEST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET TO THE ACTUAL POINT OF BEGINNING. J.J.A Holding, LLC REFERRING TO THE SOUTHWEST CORNER OF LOT SIX (6), BLOCK EIGHTEEN (18), ARNOLD AND ABBOTT’S ADDITION, THENCE NORTHERLY ON THE WEST LINE OF SAID LOT SIX (6) FOR A DISTANCE OF 3.68’ TO THE ACTUAL POINT OF BEGINNING, THENCE NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF SIXTY SIX (66) FEET TO THE EAST LINE OF SAID LOT SIX (6), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT SIX (6) FOR A DISTANCE OF FIFTEEN (15) FEET, THENCE WESTERLY ON A LINE FOR A DISTANCE OF SIXTY SIX (66) FEET TO THE WEST LINE OF SAID LOT SIX (6), THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT SIX (6) FOR A DISTANCE OF FIFTEEN (15) FEET TO THE ACTUAL POINT OF BEGINNING. Overland National Bank REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5), BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION, THENCE NORTHERLY ON THE WEST LINE OF SAID LOT FIVE (5) A DISTANCE OF 10.43’ TO THE ACTUAL POINT OF BEGINNING, THENCE EASTERLY DEFLECTING 125°, - 2 - 23 MINUTES, 21 SECONDS RIGHT A DISTANCE OF EIGHTEEN (18) FEET TO THE SOUTHERLY LINE OF SAID LOT FIVE (5), THENCE NORTHEASTERLY ON THE SOUTH LINE OF LOTS FIVE (5), SIX (6), SEVEN (7) AND EIGHT (8) IN BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION TO THE SOUTHEAST CORNER OF SAID LOT EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF FORTY (40) FEET THENCE WESTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE WEST ON A LINE TWENTY (20) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT EIGHT (8) TO THE WEST LINE OF SAID LOT EIGHT (8), THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE WESTERLY ON A LINE TEN (10) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOTS FIVE (5), SIX (6) AND SEVEN (7), BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION TO A POINT TEN (10) FEET EAST OF THE WEST LINE OF SAID LOT FIVE (5), THENCE NORTHERLY ON A LINE TEN (10) FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF THIRTY (30) FEET, THENCE WESTERLY ON A LINE FOR A DISTANCE OF TEN (10) FEET TO THE WEST LINE OF SAID LOT FIVE (5), THENCE SOUTHERLY ON THE WEST LINE TO THE ACTUAL POINT OF BEGINNING. Millenium Management Group REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5), BLOCK EIGHTEEN (18), ARNOLD AND ABBOTT’S ADDITION, THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 11.36’ TO THE ACTUAL POINT OF BEGINNING, THENCE EASTERLY DEFLECTING 134°, 56 MINUTES, 55 SECONDS RIGHT A DISTANCE OF 10.93’, THENCE NORTHEASTERLY DEFLECTING 44°, 58 MINUTES, 54 SECONDS LEFT A DISTANCE OF 58.27’ TO THE EAST LINE OF SAID LOT FIVE (5), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF TEN (10) FEET, THENCE WESTERLY ON A LINE FOR A DISTANCE OF SIXTY SIX (66) FEET TO THE WEST LINE OF SAID LOT FIVE (5) THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT FIVE (5) TO THE ACTUAL POINT OF BEGINNING. Real Estate Group of Grand Island REFERRING TO THE SOUTHWEST CORNER OF FRACTIONAL LOT FIVE (5), BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S ADDITION, AND FRACTION LOT FIVE (5), BLOCK FIFTY ONE (51), PACKER AND BARR’S SECOND ADDITION, THENCE NORTHERLY ON THE WEST LINE OF SAID LOT A DISTANCE OF 15.82’ TO THE ACTUAL POINT OF BEGINNING, THENCE EASTERLY DEFLECTING 134°, 58 MINUTES, 30 SECONDS RIGHT A DISTANCE OF 19.49’, THENCE NORTHEASTERLY DEFLECTING 45°, 00 MINUTES, 30 SECONDS LEFT A DISTANCE OF 85.22’ TO THE EAST LINE OF THE WEST THIRTY THREE (33) FEET OF LOT SIX (6), BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S ADDITION, THENCE NORTHERLY ON SAID LINE A DISTANCE OF TEN (10) FEET, THENCE - 3 - WESTERLY ON A LINE TO THE ACTUAL POINT OF BEGINNING. Grand Island Properties, LLC REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5), BLOCK TWELVE (12), KERNOHAN AND DECKER’S ADDITION, THENCE NORTHERLY ON THE WEST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 85.07’, THENCE NORTHEASTERLY DEFLECTING 90°, 00 MINUTES, 00 SECONDS RIGHT A DISTANCE OF 2.36’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHEASTERLY DEFLECTING 84°, 50 MINUTES, 21 SECONDS RIGHT A DISTANCE OF 48.24’, THENCE EASTERLY DEFLECTING 48°, 13 MINUTES, 56 SECONDS LEFT A DISTANCE OF 31.14’, THENCE NORTHEASTERLY DELFECTING 36°, 38 MINUTES, 25 SECONDS LEFT A DISTANCE OF 25’, THENCE NORTHWESTERLY ON A LINE TO THE ACTUAL POINT OF BEGINNING. R.S.I., Inc. REFERRING TO THE SOUTHEAST CORNER OF LOT TEN (10), BLOCK ELEVEN (11), BAKER’S ADDITION, THENCE NORTHERLY ON THE EAST LINE OF SAID LOT TEN (10) A DISTANCE OF 9.56’ TO A POINT, THENCE SOUTHERLY DEFLECTING 135°, 02 MINUTES, 03 SECONDS LEFT A DISTANCE OF 2.68’ TO THE ACTUAL POINT OF BEGINNING, THENCE WESTERLY ON A LINE EIGHT (8) FEET NORTH OF AND PARALLEL TO THE SOUTHERLY LINE OF LOTS TEN (10), NINE (9) AND EIGHT (8) AND THE EAST HALF OF LOT SEVEN (7) TO THE WEST LINE OF EAST HALF OF SAID LOT SEVEN (7), THENCE SOUTHERLY ON THE WEST LINE OF SAID EAST HALF OF LOT SEVEN (7) FOR A DISTANCE OF FIVE (5) FEET, THENCE EASTLERY ON A LINE THREE (3) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOTS SEVEN (7), EIGHT (8) AND NINE (9), BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE OF 100.52’, THENCE NORTHERLY ON A LINE PERPENDICULAR TO THE SOUTH LINE OF LOT NINE (9), BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE OF TWO (2) FEET, THENCE EASTERLY ON A LINE FIVE (5) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT NINE (9) FOR A DISTANCE OF 27.5’, THENCE SOUTHERLY ON A LINE PERPENDICULAR TO THE SOUTH LINE OF SAID LOT NINE (9) FOR A DISTANCE OF TWO (2) FEET, THENCE EASTERLY ON A LINE THREE (3) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOTS NINE (9) AND TEN (10), BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE OF 48.02’, THENCE NORTHEASTERLY ON A LINE TO THE ACTUAL POINT OF BEGINNING. Victoria Land Partners, LP REFERRING TO THE SOUTHEAST CORNER OF LOT NINE (9), BLOCK TWELVE (12), BAKER’S ADDITION, THENCE NORTHERLY ON THE EAST LINE OF SAID LOT NINE (9) A DISTANCE OF 14.77’ TO THE ACTUAL POINT OF BEGINNING, THENCE CONTINUING NORTHERLY ON THE EAST LINE OF SAID LOT NINE (9) A DISTANCE OF 22.23’, THENCE WESTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF LOT NINE (9) A DISTANCE OF SIXTEEN (16) FEET, THENCE SOUTHERLY ON A LINE SIXTEEN (16) FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT NINE (9) A DISTANCE OF THIRTY THREE (33) FEET, THENCE WESTERLY ON A LINE TWELVE (12) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOTS NINE (9), EIGHT (8) AND SEVEN (7), - 4 - BLOCK TWELVE (12) TO THE WEST LINE OF SAID LOT SEVEN (7), BLOCK TWELVE (12), THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT SEVEN (7) FOR A DISTANCE OF SEVEN (7) FEET, THENCE EASTERLY ON A LINE TWO (2) FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT NINE (9), THENCE NORTHERLY DEFLECTING 45°, 00 MINUTES, 05 SECONDS LEFT A DISTANCE OF 18.35’ TO THE ACTUAL POINT OF BEGINNING. Robert J. Johnson & Merleen J. Johnson REFERRING TO THE SOUTHEAST CORNER OF LOT EIGHT (8), BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S ADDITION, THENCE NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8) A DISTANCE OF 13.72’ TO THE ACTUAL POINT OF BEGINNING, THENCE CONTINUING NORTH ON THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE WEST ON A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT EIGHT (8) A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE WESTERLY ON A LINE TO A POINT ON THE WEST LINE OF THE EAST HALF OF LOT SIX (6), BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHERLY ON SAID LINE FOR A DISTANCE OF TEN (10) FEET, THENCE NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS LEFT A DISTANCE OF 148.67’, THENCE NORTHERLY DEFLECTING 35°, 12 MINUTES, 18 SECONDS LEFT A DISTANCE OF TWENTY (20) FEET TO THE ACTUAL POINT OF BEGINNING. Bonna Barton Wanek THE SOUTH FIFTEEN (15) FEET OF THE EAST TWENTY (20) FEET OF LOT EIGHT (8), BLOCK ONE HUNDRED FOURTEEN (114), RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Mary Story THE SOUTH TEN (10) FEET OF LOT SIX (6), BLOCK ONE HUNDRED FOURTEEN (114), RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Cleo E. Albright THE SOUTH FIFTEEN (15) FEET OF LOT FIVE (5), AND SOUTH FIFTEEN (15) FEET OF THE WEST TWENTY (20) FEET OF LOT SIX (6), BLOCK TEN (10), KERNOHAN AND DECKER’S ADDITION, EXCEPT STATE HIGHWAY RIGHT -OF-WAY, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Walgreen Co. TRACT ONE (1), WEST SIXTY (60) FEET OF LOT FOUR (4), BLOCK SEVENTEEN (17), KERNOHAN AND DECKER’S ADDITION, EXCEPTING THERE FROM THAT PORTION BEING CONVEYED TO THE STATE OF NEBRASKA AS RIGHT-OF-WAY, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Walgreen Co. REFERRING TO THE NORTHEAST CORNER OF THE WEST FORTY FOUR (44) FEET OF LOT TWO (2), BLOCK EIGHTEEN (18), KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHERLY ON THE EAST LINE OF SAID WEST FORTY FOUR (44) FEET OF LOT TWO (2) FOR A DISTANCE OF 2.26’ - 5 - TO THE ACTUAL POINT OF BEGINNING, THENCE WESTERLY ON A LINE PARALLEL TO THE NORTH LINE OF LOTS TWO (2) AND THREE (3) OF SAID SUBDIVISION FOR A DISTANCE OF 55.59’, THENCE WESTERLY ON A LINE FOR A DISTANCE OF 20.01’ TO A POINT ON THE NORTH LINE OF SAID LOT THREE (3), THENCE SOUTHERLY ON A LINE PERPENDICULAR TO THE NORTH LINE OF SAID LOT THREE (3) FOR A DISTANCE OF 12’, THENCE EASTERLY ON A LINE 12’ SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2) AND THREE (3) FOR A DISTANCE OF 75’, THENCE NORTHERLY ON THE EAST LINE OF THE WEST FORTY FOUR (44) FEET OF SAID LOT TWO (2) FOR A DISTANCE OF 10’ TO THE ACTUAL POINT OF BEGINNING. Raile Properites, LLC BEGINNING AT THE NORTHWEST CORNER OF LOT FOUR (4), BLOCK ONE HUNDRED FIFTEEN (115), RAILROAD ADDITION, THENCE SOUTH ON THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF 20’, THENCE EASTELRY ON A LINE PERPENDICULAR TO THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF FIVE (5) FEET, THENCE NORTHERLY ON A LINE FIVE (5) FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF FIFTEEN (15) FEET, THENCE NORTHEASTERLY ON A LINE FIVE (5) FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT FOUR (4) A DISTANCE OF 56’, THENCE SOUTHEASTERLY ON A LINE FIVE (5) FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT FOUR (4) A DISTANCE OF FIFTEEN (15) FEET, THENCE NORTHEASTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT FOUR (4) A DISTANCE OF FIVE (5) FEET, THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 20’ TO THE NORTHEAST CORNER OF SAID LOT FOUR (4), THENCE SOUTHWESTERLY ON THE NORTH LINE OF SAID LOT FOUR (4) TO THE POINT OF BEGINNING. Autozone Development Corporation REFERRING TO THE NORTHWEST CORNER OF LOT ONE (1), AUTOZONE SUBDIVISION, THENCE SOUTH ON THE WEST LINE OF SAID LOT ONE (1) A DISTANCE OF 5.7’ TO THE ACTUAL POINT OF BEGINNING, THENCE EASTERLY ON A LINE FOR A DISTANCE OF 131.45’, THENCE SOUTHERLY DEFLECTING 45°, 00 MINUTES, 09 SECONDS RIGHT FOR A DISTANCE OF 30.01’, THENCE SOUTHERLY DEFLECTING 39°, 31 MINUTES, 02 SECONDS RIGHT FOR A DISTANCE OF 46’, THENCE EASTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF LOT ONE (1), AUTOZONE SUBDIVISION FOR A DISTANCE OF 1.9’, THENCE SOUTH ON THE EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 40’, THENCE WESTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 15’, THENCE NORTHERLY ON A LINE 15’ WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 92.01’, THENCE WESTERLY ON A LINE FOR A DISTANCE OF 144’ TO A POINT ON THE WEST LINE OF SAID LOT ONE (1), THENCE NORTHERLY ON THE WEST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 14.3’ TO THE ACTUAL POINT OF BEGINNING. Daffodil LLC REFERRING TO THE NORTHEAST CORNER OF LOT FIVE (5), BLOCK FIFTEEN (15), BAKER’S ADDITION, THENCE SOUTHERLY ON THE EAST - 6 - LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 4.32’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHWESTERLY DEFELCTING 89°, 58 MINUTES, 01 SECONDS RIGHT FOR A DISTANCE OF 47.43’, THENCE DEFLECTING 44°, 59 MINUTES, 38 SECONDS LEFT FOR A DISTANCE OF 9.3’ TO THE WESTERLY LINE OF SAID LOT FIVE (5), TEHNCE SOUTHERLY ON THE WEST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 7.07’, THENCE EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID LOT FIVE (5) TO THE EAST LINE OF SAID LOT FIVE (5), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 15’ TO THE ACTUAL POINT OF BEGINNING. Robert V. Clark & Bonnie Clark REFERRING TO THE NORTHEAST CORNER OF LOT FOUR (4), BLOCK FIFTEEN (15), BAKER’S ADDITION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 4.29’, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY LINE OF SAID LOT FOUR (4), THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF 7.93’, THENCE EASTERLY ON A LINE FOR A DISTANCE OF 52’ TO THE EASTERLY LINE OF SAID LOT FOUR (4), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 7.93’ TO THE ACTUAL POINT OF BEGINNING. J & B Rentals, LLC REFERRING TO THE NORTHEAST CORNER OF LOT FOUR (4), BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) A DISTANCE OF 4.09’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY LINE OF SAID LOT FOUR (4), THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT FOUR (4) A DISTANCE OF 15’, THENCE EASTERLY ON A LINE FOR A DISTANCE OF 52’ TO THE EAST LINE OF SAID LOT FOUR (4), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 15’ TO THE ACTUAL POINT OF BEGINNING. G.I.P.H. Restaurants, LLC REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3), BLOCK TWENTY (20), ARNOLD AND ABBOTTS ADDITION, THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LOT THREE (3) FOR A DISTANCE OF 2.29’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 80.43’, THENCE SOUTHEASTERLY DEFLECTING 90°, 00 MINUTES, 00 SECONDS LEFT A DISTANCE OF 2’, THENCE SOUTHWESTERLY DEFLECTING 90°, 00 MINUTES, 00 SECONDS RIGHT A DISTANCE OF 45.79’, THENCE SOUTHERLY DEFLECTING 44°, 58 MINTUES, 52 SECONDS LEFT A DISTANCE OF 8.18’ TO THE SOUTHWESTERLY LINE OF SAID LOT FOUR (4), THENCE SOUTHEASTERLY ON THE WESTERLY LINE OF SAID LOT FOUR (4) A DISTANCE OF 4.29’, THENCE NORTHEATERLY ON A LINE PARALLEL TO THE NORTH LINE OF SAID LOTS THREE (3) AND FOUR (4) TO THE EASTERLY LINE OF SAID LOT THREE (3), THENCE NORTHWESTERLY ON THE EASTERLY LINE OF SAID LOT THREE (3) A DISTANCE OF 10’ TO THE ACTUAL POINT OF BEGINNING. - 7 - Kelly Samson & Brandy K. Wright REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3), BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT THREE (3) FOR A DISTANCE OF 4.06’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY OF SAID LOT THREE (3), THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT THREE (3) FOR A DISTANCE OF 10.03’, THENCE EAST ON A LINE FOR A DISTANCE OF 52’ TO THE EAST LINE OF SAID LOT THREE (3), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT THREE (3) FOR A DISTANCE OF 9.76’ TO THE ACTUAL POINT OF BEGINNING. Apfel Funeral Home, Inc. REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3), BLOCK FOUR (4), ARNOLD PLACE ADDITION, THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LOT THREE (3) A DISTANCE OF 2.49’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 49 MINUTES, 55 SECONDS RIGHT A DISTANCE OF 117.74’, THENCE SOUTHERLY DEFLECTING 44°, 59 MINTUES, 37 SECONDS LEFT A DISTANCE OF 20.17’ TO THE SOUTHWESTERLY LINE OF SAID LOT FOUR (4), THENCE SOUTHEASTERLY ON THE WEST LINE OF SAID LOT FOUR (4) FOR A DISTNACE OF 9.27’, THENCE NORTHEASTERLY ON A LINE TO THE EAST LINE OF SAID LOT THREE (3), THENCE NORTHWESTERLY ON THE EAST LINE OF SAID LOT THREE (3) FOR A DISTANCE OF 20’ TO THE POINT OF BEGINNING. Tina M. Royle REFERRING TO THE NORTHEAST CORNER OF LOT TWO (2), BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 4.03’ TO THE ACTUAL POINT OF BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS, RIGHT A DISTANCE OF 52’, THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT TWO (2) A DISTANCE OF 9.76’, THENCE NORTHEASTERLY ON A LINE TO THE EAST LINE OF SAID LOT TWO (2), THENCE NORTHWESTERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 9.48’ TO THE ACTUAL POINT OF BEGINNING. Video Kingdom REFERRING TO THE NORTHEAST CORNER OF LOT TWO (2), AUTOZONE SUBDIVISION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 5.70’, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 15.68’, THENCE SOUTHWESTERLY DEFLECTING 1°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF 75.22’, THENCE SOUTHERLY DEFLECTING 46°, 38 MINTUES, 07 SECONDS LEFT A DISTANCE OF 17.04’, THENCE SOUTHEASTERLY DEFLECTING 44°, 58 MINUTES, 05 SECONDS LEFT A DISTANCE OF 4.35’, THENCE NORTHEASTERLY ON A LINE TO A POINT ON THE EASTERLY LINE OF SAID LOT TWO (2), THENCE NORTHWESTERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 14.3’ TO THE ACTUAL POINT OF BEGINNING. High Road, LLC BEGINNING AT THE NORTHEAST CORNER OF LOT ONE (1), BLOCK ONE - 8 - HUNDRED FIFTEEN (115), RAILROAD ADDITION, THENCE SOUTHWESTERLY ON THE NORTH LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 35’, THENCE SOUTHEASTERLY ON A LINE TO A POINT ON THE EAST LINE OF SAID LOT ONE (1), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 35’ TO THE POINT OF BEGINNING. Grand Island Woman’s Club, Inc. REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1), BLOCK FOUR (4), ARNOLD PLACE ADDITION, THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 10.16’ TO THE ACTUAL POINT OF BEGINNING, THENCE WESTERLY DEFLECTING 134°, 57 MINUTES, 32 SECONDS RIGHT A DISTANCE OF 10.96’, THENCE SOUTHWESTERLY DEFLECTING 44°, 59 MINUTES, 32 SECONDS LEFT A DISTANCE OF 124.25’ TO THE SOUTHWESTERLY LINE OF SAID LOT TWO (2), THENCE SOUTHEASTERLY ON THE WESTERLY LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 20’, THENCE NORTHEASTERLY ON A LINE FOR A DISTANCE OF 82’, THENCE SOUTHEASTERLY ON A LINE 50’ WEST OF AND PARALLEL TO THE EAST LINE OF LOT ONE (1), BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION FOR A DISTANCE OF 40’ NORTHEASTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF LOT ONE (1), BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION FOR A DISTANCE OF 50’, THENCE NORTHERLY ON THE EAST LINE OF LOT ONE, BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION TO THE ACTUAL POINT OF BEGINNING. First Federal Savings & Loan Assoc. of Lincoln REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1), BLOCK FIFTEEN (15), KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LONE ONE (1) FOR A DISTANCE OF 10.75’ TO THE ACTUAL POINT OF BEGINNING, THENCE WESTERLY DEFLECTING 126°, 13 MINUTES, 20 SECONDS RIGHT A DISTANCE OF 8.36’, THENCE SOUTHWESTERLY DEFLECTING 36°, 15 MINUTES, 19 SECONDS LEFT A DISTANCE OF 4.93’, THENCE SOUTHEASTERLY ON A LINE 11’ WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 14’, THENCE NORTHEASTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 11’, THENCE NORTHERLY ON THE EAST LINE OF SAID LOT ONE (1) TO THE ACTUAL POINT OF BEGINNING. Meme Saycocie REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1), BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 13.2’ TO THE ACTUAL POINT OF BEGINNING, THENCE WESTERLY DEFLECTING 134°, 58 MINUTES, 47 SECONDS RIGHT A DISTANCE OF 13’, THENCE SOUTHWESTERLY DEFLECTING 45°, 00 MINUTES, 47 SECONDS LEFT A DISTANCE OF 44.8’ TO THE WESTERLY LINE OF SAID LOT ONE (1), THENCE SOUTHERLY ON SAID WEST LINE A DISTANCE OF 9.48’, THENCE EASTERLY ON A LINE FOR A DISTANCE OF 54’ TO THE ACTUAL POINT OF BEGINNING. - 9 - C & A Properties, LLC THE NORTH FIFTEEN (15) FEET OF THE WEST HALF OF LOT THREE (3), BLOCK ONE HUNDRED SEVENTEEN (117), RAILROAD ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Rafael Orozco & Rita C. Orozco THE NORTH TEN (10) FEET OF LOT THREE (3), BLOCK ONE HUNDRED FIFTEEN (115), RAILROAD ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. McDonald’s Corporation THE SOUTH TEN (10) FEET OF THE NORTH THIRTEEN (13) FEET OF LOT TWO (2), BLOCK SIX (6), SPAULDING AND GREGG’S ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire the necessary landscape easements for Business Improvement District No. 6, on the above described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-362 - Approving the Adoption of a Resolution Designating Responsible Charge Individuals for Federal Aid Transportation Projects Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Approving the Adoption of a Resolution Designating Responsible Charge Individuals for Federal Aid Transportation Projects Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background Grand Island is a Local Public Agency (LPA) in the State of Nebraska receiving federal transportation funding from the Federal Highway Administration (FHWA). FHWA federal transportation funds are limited to Roadway, Bridge, and Trail Projects. As a sub- recipient of federal transportation funding, the City of Grand Island is charged with the responsibility of spending these funds in accordance with Federal and State law. The Nebraska Department of Roads (NDOR) administers these funds under guidelines in the NDOR's Local Projects Agency (LPA) Manual. Discussion There are a number of requirements to comply with the NDOR’s LPA Manual, one of which is the designation of a Responsible Charge (RC) individual to oversee federal aid transportation projects. At the November 23, 2010 council meeting Public Works Director, Steven Riehle, and Project Manager, Scott Griepenstroh, were named the City’s RC for all projects receiving federal transportation funding. With the recent resignation of Steve, all projects are being shifted to Scott as the RC. 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, designating Scott Griepenstroh as the Responsible Charge for all currently active federal aid transportation projects. Sample Motion Move to approve the resolution designating Responsible Charge individuals. R E S O L U T I O N 2010-362 DISCLAIMER APPLICABLE TO THE LPA RESOLUTION DESIGNATING RC The following is a resolution drafted by the Nebraska Department of Roads (NDOR) that includes definitions and substantive commitments required of a Local Public Agency (LPA) when designating a public employee to be in Responsible Charge (RC) of a Federal-aid transportation project. This sample resolution should only be used after the LPA has thoroughly reviewed all Federal-aid program requirements, investigated all issues related to the LPA’s statutory duties and responsibilities, and determined that it is in its best interest to designate a RC public employee and to undertake a Federal-aid project. NDOR has not made any effort to investigate, or include in this sample resolution, the other requirements that the LPA must meet in order to undertake a project of this type or to designate a RC. Any changes to the definitions or the substantive commitments of this sample resolution shall be approved in advance in writing by NDOR, or such changes will be considered null and void. The LPA is ultimately responsible for all language used in its actual resolution and in making sure that the resolution is accurate and complete and meets all requirements of Federal, State and local laws, rules, regulations, policies and guidelines, and the NDOR LPA Guidelines Manual for Federal-aid Projects. RESOLUTION (DESIGNATING RC) City of Grand Island ______ Resolution No. ___2010-362___ Whereas: The CITY OF GRAND ISLAND has a full-time public employee on staff, or has obtained the services of a full-time public employee (an inter-local cooperation agreement, if applicable, is attached) who is fully qualified and has the time and interest in serving as a “Responsible Charge” (RC) for this project. The designated RC will be in day-to-day responsible charge of all aspects of the project, from planning through post-construction activities, with the express purpose of doing all things necessary for the project to remain eligible for federal-aid transportation project funding; and Whereas: the RC will ensure that, at a minimum, (1) the project receives independent and careful development, supervision and inspection, (2) the project is constructed in compliance with the plans and specifications, (3) all aspects of the project, from planning through construction activities, including all environmental commitments, remain eligible for federal funding, and (4) decisions made and actions taken for the project have adequate supporting documentation filed in an organized fashion. For purposes of this resolution, the following definitions will apply: Fully qualified means a person who has satisfactorily completed all applicable Nebraska Department of Roads (NDOR) training courses and who has met the other requirements necessary to be included on the NDOR list of qualified Local Public Agency (LPA) RCs. Full-time public employee means a public employee who meets all the requirements and is afforded all the benefits of full-time employees as that phrase is applied to other employees of the employing public entity. A person is not a full-time public employee if that person provides outside private consulting services, or is employed by any private entity, unless that person can prove to NDOR in advance, that employee’s non-public employment is in a field unrelated to any aspect of the project for which federal aid is sought. Public employee means a person who is employed solely by a county, a municipality, a political subdivision; a Native American tribe; a school district; another entity that is either designated by statute as public or quasi-public; or an entity included on the list of entities determined by the NDOR, and approved by the Federal Highway Administration (FHWA), as fulfilling public or quasi-public functions. Responsible charge means the public employee who is fully empowered by the LPA and has actual day-to-day working knowledge and responsibility for all decisions related to all aspects of the federal-aid project from planning through construction project activities, including all environmental commitments. The RC is the day-to-day project manager, and the LPA’s point-of-contact for the project. Responsible charge does not mean merely delegating the various tasks; it means active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, making decisions, and actively monitoring project construction. It is understood that the RC may delegate or contract certain technical tasks associated with the project so long as the RC actively manages and represents the owner’s interests in the delegated technical tasks. Be It Resolved: by the City Council of the CITY OF GRAND ISLAND that: SCOTT GRIEPENSTROH is hereby designated as Responsible Charge (RC) for pre-construction and construction phases, in accordance with the Project Program Agreement previously executed, the NDOR LPA Guidelines Manual for Federal-aid Projects, and all Federal, State and local laws, rules, regulations, policies and guidelines for the following Federal-aid transportation projects: NDOR Project Number [URB-2235(5)], NDOR Control Number [42519], Northbound Lanes of South Locust Street, North of Interstate 80 NDOR Project Number [SRTS-40(57)], NDOR Control Number [42521], Walk to Walnut Safe Routes to School Project at 15th Street and Custer Avenue NDOR Project Number [STPAA-5436(4)], NDOR Control Number [42427], Capital Avenue Widening from west of Carleton Avenue to Webb Road NDOR Project Number [URB-30-4(151)], NDOR Control Number [42477], Storm Sewer from US Highway 30 to Wasmer Detention Cell NDOR Project Number [ENH-40(59)], NDOR Control Number [42650], Bike Trail along Moore’s Creek Drainway; State Street to Capital Avenue NDOR Project Number [ENH-40(61)], NDOR Control Number [42666] Mormon Island bridges on Locust Street north of I-80 NDOR Project Number [ENH-40(60)], NDOR Control Number [42651] Grand Island – 3rd Street & Wheeler Avenue Historical Lighting Project The City of Grand Island assures and agrees that: 1) It has authorized and fully empowered the RC to be in day-to-day responsible charge of the subject federal-aid project; this does not mean merely supervising, overseeing or delegating the various tasks, it means active day-to-day involvement in the project including identifying issues, investigating options, working directly with stakeholders, and decision-making. 2) The RC is a full-time public employee. 3) The RC is fully qualified and has successfully completed required training to serve as a RC. 4) It will allow the RC to spend all time reasonably necessary to properly discharge all duties associated with the project, including ensuring that all aspects of the project, from planning through post-construction activities, remain eligible for federal-aid highway project funding. 5) It will not assign other duties to the RC that would affect his or her ability to properly carry out the duties set out in this agreement. 6) It will provide necessary office space, materials and administrative support for the RC. 7) It will fully cooperate with, support and not unreasonably interfere with the day-to-day control of the RC concerning the acts necessary for making the project eligible for federal funding. 8) It will take all necessary actions and make its best good faith efforts to comply and assist the RC in complying with all federal and state requirements and policies applicable to federal-aid transportation projects, including, but not limited to, all applicable requirements of 23 CFR 635.105. 9) It will take all necessary actions and make its best good faith efforts to ensure that the RC’s work on the project would be deemed to meet the same standards that the Nebraska Department of Roads must meet under 23 CFR 635.105. 10) It will comply with the conflict-of-interest requirements of 23 CFR 1.33. 11) It will notify NDOR immediately in the event the designated RC(s) will no longer be assigned to the project. A supplemental agreement designating a replacement RC may be required by NDOR. 12) It is ultimately responsible for complying with all federal and state requirements and policies applicable to federal-aid highway projects. This includes meeting all post- construction environmental commitments. The LPA understands that failure to meet any eligibility requirements for federal funding may result in the loss of all Federal funding for the project. In the event that the acts or omissions of RC, the LPA or its agents or representatives result in a finding that a project is ineligible for Federal funding, the LPA will be required to repay NDOR some or all previously paid Federal funds and any costs or expenses NDOR has incurred for the project, including but not limited to, those costs for the RC. The CITY OF GRAND ISLAND understands that the following are the duties of the RC: a) Serve as the LPA’s contact for issues or inquiries for Federal-aid projects assigned by the LPA; b) Ensure that all applicable Federal, State and local laws, rules, regulations, policies and guidelines are followed during the development and construction of the project; c) Know and follow the NDOR LPA Guidelines Manual for Federal-aid Projects; d) Have active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, and decision-making; e) Ensure that the project plans and specifications are sealed, signed and dated by a professional engineer licensed in the State of Nebraska, and that estimates have been prepared and the construction has been observed by a professional engineer licensed in the State of Nebraska or a person under the direct supervision of a professional engineer licensed in the State of Nebraska (reference Neb. Rev. Stat. § 81-3445); f) Competently manage and coordinate the project day-to-day operations, including all project-related decisions, on behalf of the LPA, which includes the LPA’s governing body, staff and any extended staff dedicated to the project such as consulting engineers; g) Ensure that project documents are thoroughly checked, reviewed and have had quality control measures applied, prior to submitting to NDOR and/or FHWA; h) Monitor the progress and schedule of the project and be responsible for ensuring that the project is completed on time in accordance with established milestone dates; i) Properly serve as the owner’s representative, and to visit the project site during construction on a frequency commensurate with the magnitude and complexity of the project; j) Ensure that proper construction management processes have been developed and implemented for the project; k) Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying for; l) Attend all required training including the annual workshop; and m) Fulfill continuing education requirements as specified in the NDOR LPA Guidelines Manual for Federal-aid Projects. Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. The City Council of the CITY OF GRAND ISLAND Randy Gard Robert Niemann Peg Gilbert Scott Dugan Kirk Ramsey Linna Dee Donaldson Larry Carney Mi tch Nickerson Chuck Haase John Gericke Council Member_______________________________ Moved the adoption of said resolution Member ___________________ Seconded the motion Roll Call: ___Yes ___No ___Abstained ___Absent Resolution adopted, signed and billed as adopted ____________________________________ Jay Vavricek, Mayor Attest: _________________________________________ RaNae Edwards, City Clerk Item G10 #2010-363 - Approving Change Order Number 2 for Asphalt Maintenance Project 2010-AC-1 Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Approving Change Order Number 2 for Asphalt Maintenance Project 2010-AC-1 Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background Gary Smith Construction Co., Inc. of Grand Island, Nebraska was awarded an $804,818.68 contract by the council on May 11, 2010 for the annual asphalt overlay project. The estimate for the 2010 asphalt resurfacing project was $901,539 with a total of $950,000 in funds budgeted. City Council approved Change Order Number 1 on August 10, 2010. This change order allowed for additional work at a cost of $39,051.89, bringing the total contract with Gary Smith Construction to $843,870.57. Additions to the project consisted of the following: 1. The addition of the block on Locust Street between Charles and Koenig Streets. 2. To mill the section of Stolley Park Road east of Santa Anita Drive. 3. To overlay Stolley Park Road west of Stuhr Road. Discussion The specifications provide that the asphalt cement is measured and paid for based on extractions that show the actual asphalt cement used in the asphaltic concrete mix. The quantity of asphalt cement in the bid documents was not based on extractions. The increase in the contract item for asphalt cement is: 1. 11,986 gallon Asphalt Cement @ $2.30/gal = $27,567.80. The existing asphalt roadway on Eddy Streets and Broadwell Avenue were milled down to the existing concrete base. The estimated thickness in the plans was 2 inches. When the milling work was performed, the actual thickness of the existing asphalt being removed varied between 2 ½ and 3 inches. The additional 3/4 inch thickness of asphalt is an increase of: 1. 797.3 tons Asphaltic Concrete Type “A” Recycled @ $22.50/ton = $17,939.25 2. 9,567.6 gallons of Asphalt Cement @ $2.30/gal = $22,005.48 The existing asphalt roadway on Locust Street was milled down to the existing concrete base. The estimated thickness in the plans was 2 inches. When the milling work was performed, the actual thickness of the existing asphalt being removed varied between 2 ¼ and 2 ½ inches. The additional 3/8 inch thickness of asphalt is an increase of: 1. 574.87 tons Asphaltic Concrete Type “A” Recycled @ $22.50/ton = $12,934.58. 2. 6,898.4 gallons Asphalt Cement @ $2.30/gal = $15,866.32. The increased contract with the change order totals $940,184 and is just below the 2010 asphalt project budgeted amount of $950,000. 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 Change Order No. 2 for Asphalt Maintenance Project 2010-AC-1. Sample Motion Move to Approve Change Order Number 2 for Asphalt Maintenance Project 2010-AC-1. City of Grand Island CHANGE ORDER NUMBER 2 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: December 21, 2010 PROJECT: Asphalt Maintenance Project 2010-AC-1 CONTRACTOR: Gary Smith Construction Co., Inc. CONTRACT DATE: May 11, 2010 Quantity Unit Price Total Price 1. Type “A” Recycled 1,372.17 ton $22.50/ton $ 30,873.83 2. Asphalt Cement 28,452 gal $ 2.30/gal $ 65,439.60 TOTAL OF CHANGE ORDER NO. 2 $ 96,313.43 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ......................................................................................$843,870.57 Net Increase/Decrease Resulting from this Change Order..............................................................$ 96,313.43 Revised Contract Price Including this Change Order ................................................................$ 940,184.00 Approval Recommended: By_______________________________________ Steven P. Riehle, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: Gary Smith Construction Co., Inc. By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-363 WHEREAS, on May 11, 2010, by Resolution 2010-128, the City of Grand Island awarded Gary Smith Construction Co., Inc. of Grand Island, Nebraska the bid in the amount of $804,818.68 for Asphalt Resurfacing Project Number 2010-AC-1; and WHEREAS, on August 10, 2010, by Resolution 2010-215, the Grand Island City Council approved Change Order Number 1 in the amount of $39,051.89; and WHEREAS, it has been determined that modifications to the work to be performed by Gary Smith Construction Co., Inc. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, it is recommended that modifications to the work to be done by Gary Smith Construction Co., Inc. are necessary; and WHEREAS, the result of such modifications will increase the contract amount by $96,313.43 for a revised contract price of $940,184.00. 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 Change Order No. 2 between the City of Grand Island and Gary Smith Construction Co., Inc. of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-364 - Approving Certificate of Final Completion for the 2010 Asphalt Resurfacing Project No. 2010-AC-1 Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 21, 2010 Subject: Approving Certificate of Final Completion for the 2010 Asphalt Resurfacing Project No. 2010-AC-1 Item #’s: G-11 Presente r(s): Steven P. Riehle, Public Works Director Background Gary Smith Construction Co., Inc. of Grand Island, Nebraska was awarded an $804,818.68 contract on May 11, 2010. Work on the project commenced on June 21, 2010 and was completed on September 30, 2010. Council approved Change Order Number 1 on August 10, 2010 to add an additional block to the asphalt overlay on Locust Street between Charles Street and Koenig Street, to mill the section of Stolley Park Road east of Locust, and to overlay Stolley Park Road west of Stuhr Road. Change Order Number 1 was for $39,051.89 resulting in a revised contract amount of $843,870.57. Change Order Number 2 is being presented to council at tonight’s meeting in the amount of $96,313.43 resulting in a revised contract amount of $940,184.00. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Work was completed at a total cost of $921,547.84. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2010-AC-1. Sample Motion Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2010-AC-1. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Asphalt Resurfacing Project No. 2010-AC-1 CITY OF GRAND ISLAND, NEBRASKA December 21, 2010 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Asphalt Resurfacing Project No. 2010-AC-1 has been fully completed by Gary Smith Construction Co., Inc. of Grand Island, Nebraska under the contract dated May 11, 2010. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Asphalt Resurfacing Project No. 2010-AC-1 Unit Total Total No. Description Price Unit Quantity Cost 1. Asphalt Mobilization $3,000.00 l.s. 1.00 $ 3,000.00 2. Tack Coat $ 1.90 gal 12,449.41 $ 23,653.88 3. Milling $ 1.59 s.y. 102,763.00 $163,393.17 4. Milling Mobilization $7,500.00 l.s. 1.00 $ 7,500.00 5. Grading Embankment $ 10.80 c.y. 1,333.00 $ 14,396.40 6. Subgrade Preparation $ 0.90 s.y. 3,579.00 $ 3,221.10 7. Grading Mobilization $3,482.00 l.s. 1.00 $ 3,482.00 8. Shoulder Construction $ 42.00 sta. 26.85 $ 1,127.70 9. Pavement Saw Cut $ 5.65 l.f. 0.00 $ 0.00 10. Type “A” Recycled $ 22.50 ton 13,426.15 $302,088.38 11. Type “BC” Recycled $ 20.50 ton 838.00 $ 17,179.00 12. Asphalt Cement $ 2.30 gal 166,307.05 $382,506.21 --------------- Original Project Total $921,547.84 I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No. 2010-AC-1 be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-364 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Project No. 2010-AC-1, Asphalt Resurfacing, certifying that Gary Smith Construction Co., Inc., of Grand Island, Nebraska, under contract, has completed the asphalt resurfacing; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Pub lic Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2010-AC-1, Asphalt Resurfacing, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-365 - Approving Contract for EMS Medical Services Director Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Troy Hughes City of Grand Island City Council Council Agenda Memo From: Russ Blackburn, Division Chief of EMS Meeting: December 21, 2010 Subject: Approval of Grand Island Fire Department's Medical Director's Contract Item #’s: G-12 Presenter(s): Russ Blackburn, Division Chief of EMS Background Ambulance Services in Nebraska are allowed to do Advanced Medical Life Support under a Medical Doctor's License. The Doctor that allows his license to be delegated down to Emergency Medical Services, is that service's Medical Director. The Medical Director is responsible for the quality of medical care provided by the Service's paramedics. Discussion Dr. Michael McGahan has been the Medical Director for Grand Island Fire Department's Emergency Medical Services since 1998. Dr. McGahan has provided this service as part of a group of physicians called the Physicians Network. Our contract with the Physicians Network was to be in effect until September 30, 2013, but on October 1, 2010 they requested to drop the contract. After a Request for Proposal search, Dr. McGahan has been choosen to be our Medical Director, personally, not through the Physicians Network. Staff recommends approval of the 5 year contract with Dr. McGahan to be our Medical Director, so we can continue the high level of care the citizens of Grand Island have come to expect. 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 Grand Island Fire Department's Medical Director's Contract with Dr. Michael McGahan. Sample Motion Move to approve the Grand Island Fire Department's Medical Director's Contract with Dr. Michael McGahan. MEDICAL DIRECTOR CONTRACT THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of ________________, 2010, by and between Michael McGahan M.D., (“Director”) and THE CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation (“Client”). 1. SERVICES. Director agrees to perform for Client the medical director services listed in the Duties and Responsibilities as set forth in Exhibit A attached hereto and approved by both Client and Director. Such services are hereafter referred to as “services”. Client agrees that Director shall have ready access to Client’s staff and resources as necessary to perform the Network’s services provided for by this contract. 2. RATE OF PAYMENT FOR SERVICES. Client agrees to pay Director for medical director services in the amount of Twenty Three Thousand Dollars ($23,000.00) for the year of service. 3. CONFIDENTIAL INFORMATION. Each party shall hold in trust for the other party and shall not disclose to any nonparty to the agreement any confidential information of such other party. Confidential information is information which, relates to such other party’s quality assurance program. Director further acknowledges that during the performance of this contract, Director may learn about or receive confidential Client information and Director hereby confirms that all such information relating to the Client will be kept confidential by the Director except to the extent that such information is required to be divulged to the Director’s clerical or support staff of associates in order to enable Director to perform Director’s contract obligations. 4. TERM. This agreement shall be effective January 1, 2011 and shall terminate on December 31, 2015. 5. TERMINATION OF AGREEMENT. Director’s services hereunder can be terminated or cancelled prior to completion of the term of this agreement upon either party providing the other within ninety (90) days written notice. In the event of termination all fees shall be prorated to the actual time served as the Director. 6. APPLICABLE LAW. This agreement shall be construed in accordance with the laws of the State of Nebraska. IN WITNESS WHEREOF the parties have signed and agreed to this “Agreement” as of the day and year first written above. CITY OF GRAND ISLAND, NEBRASKA ATTEST: A Municipal Corporation, Client City Clerk Margaret Hornady, Mayor Michael McGahan, M.D. Director Michael McGahan, M.D. This contract is in due form according to law and is hereby approved. City Attorney Date EXHIBIT A The responsibility of the Director will include, but not be limited to, the following medical director services: 1) Ensure quality patient care 2) Serve as patient advocate 3) Set and ensure compliance with patient care standards, including communication standards and medical protocols 4) Provide direction and authorization for the development and revision of system-wide protocols, policies, and procedures for all patient care activities from dispatch through triage, treatment, and transport 5) Develop and implement the process for the provision of direct medical oversight 6) Establish the appropriateness of initial qualifications of pre-hospital personnel involved in patient care and emergency medical dispatch 7) Ensure that the qualifications of pre-hospital personnel involved in patient care and emergency medical dispatch are maintained 8) Provide direction for effective quality improvement programs for continuous system and patient care improvement 9) Maintain liaison with the medical community, including but not limited to hospitals, emergency departments, physicians, pre-hospital providers, and nurses 10) Interact with regional, state, and local EMS authorities to ensure that standards, needs, and requirements are met and resources are optimized 11) Participate in planning activities such as mutual aid, disaster planning and management, and hazardous materials response 12) Promote public education consistent with system goals 13) Maintain knowledge levels appropriate for an EMS medical director through continued education 14) Direct and Indirect Medical Oversight. Medical directors may provide direct and indirect (on-line and off-line) medical oversight. 15) During direct medical oversight, the medical director (or designee) should provide voice or other real-time communication to the practitioner. 16) Indirect medical oversight includes prospective medical oversight and retrospective medical evaluation.\ 17) Prospective methods may include participating in the training, testing, and certification of providers: protocol development, operational policy and procedures development, and legislative activities. 18) Retrospective activities should include participation in medical audit and review of care. 19) Various aspects of prospective and retrospective medical oversight can be handled by committees functioning under the medical director with representation from appropriate medical and EMS personnel. The medical director will oversee all aspects of the paramedical operation. All paramedics will operate under his/her license and, therefore, must function under protocols developed and approved by the medical director. It will be the responsibility of the Grand Island Fire Department to assure and keep documentation on file to verify all personnel meet state required mandates. This includes certification records, continuing education documents and any other records required by the state. The notice could be waived if both parties agree. And the following department physician services: 1. Understand the physiological, psyc hological, and environmental demands placed on fire fighters 2. Evaluate fire department candidates, members, and member’s returning from 30 days continuous leave for injury or illness, to identify medical conditions that could affect their ability to safely respond to and participate in emergency operations o A maximum of 68 members’ physicals without additional charges. o Physicals above the maximum number shall be paid at $100 per physical. 3. Utilize the essential job task descriptions supplied by the fire department to determine a candidate's or a member's medical certification 4. Identify and report the presence of disqualifying medical conditions if present in candidates 5. Inform the fire chief or his/her designee, in writing, whether or not the candidate or current member is medically certified to safely perform the essential job tasks 6. Report the results of the medical evaluation to the candidate or current member, including any medical condition(s) identified during the medical evaluation, and the recommendation as to whether the candidate or current member is medically certified to safely perform the essential job tasks 7. Forward copies of any abnormal results along with patient instructions regarding primary care follow-up to candidates or current members who were instructed to see (as appropriate) medical follow-up to address any medical conditions, or lab abnormalities, identified during the medical evaluation 8. Review results of the annual Fit for Duty testing. 9. Provide or arrange for a prescriptive rehabilitation and/or fitness program when indicated to aid a member's recovery from illness or injury and enhance his/her ability to safely perform essential job tasks 10. When medical evaluations are conducted by a physician or medical provider other than the fire department physician, the evaluation shall be reviewed and approved by the fire department physician. 11. The fire department physician shall review individual medical evaluations and aggregate data from member evaluations in order to detect evidence of occupational exposure(s) or clusters of occupational disease. 12. The fire department physician shall provide medical supervision for the fire department safety committee, fire department fitness committee, and return- to-duty rehabilitation. 13. The fire department physician shall provide supervision for the fire department infection control program. Components of the Annual Occupational Medical Evaluation of Members Components below may be included in the baseline and annual occupational medical evaluations of members as determined by the Physician and the Fire Chief. It shall be acceptable for certain components of the annual occupational medical evaluation to be performed by a member's private physician or other entities, provided full results are forwarded in the required time frame to the fire department physician. Yearly medical evaluation shall include a medical history (including exposure history), physical examination, and blood test. Medical evaluation may also include, at the Department Physician’s and Fire Chief’s discretion, urinalysis, vision tests, audiograms, spirometry, chest x-ray, electrocardiogram, cancer screening, and immunizations and infectious disease screening. The cost of lab tests will be paid for by the Fire Department, and are not covered in this contract. Tests for illegal drugs shall not be performed as part of the annual medical evaluation. 1) Medical History: a) A medical history questionnaire shall be completed by each member to provide baseline information with which to compare future medical concerns. i) An annual medical history questionnaire, which includes changes in health status and known occupational exposures since the previous annual evaluation, shall be completed by each member to provide follow-up information. ii) Information on the questionnaire and interval concerns shall be reviewed with each member by the fire department physician or designated medical evaluator. 2) Physical Examination: a) Vital signs b) Head, eyes, ears, nose, and throat (HEENT) c) Neck d) Cardiovascular e) Pulmonary f) Breast g) Gastrointestinal (includes rectal exam for mass, occult blood) h) Genitourinary (includes pap smear, testicular exam, rectal exam for prostate mass) i) Hernia j) Lymph nodes k) Neurological l) Musculoskeletal m) Skin (includes screening for cancers) n) Vision 3) Ancillary Tests a) Blood Tests i) CBC with differential, RBC indices and morphology, and platelet count ii) Electrolytes (Na, K, Cl, HCO3, or CO2) iii) Renal function (BUN, creatinine) iv) Glucose v) Liver function tests (ALT, AST, direct and indirect bilirubin, alkaline phosphatase) vi) Total cholesterol, HDL, LDL, clinically useful lipid ratios (e.g., percent LDL), and triglycerides vii) Prostate specific antigen (PSA) after age 40 for positive family history, if African American, or if otherwise clinically indicated; after age 50 for all other male members 4) Urine Laboratory Tests: a) Dipstick analysis for glucose, ketones, leukocyte esterase, protein, blood, and bilirubin b) Microscopic analysis for RBC, WBC, casts, and crystals if indicated by results of dipstick analysis c) Analysis for occupational chemical exposure if indicated 5) Audiology: a) Hearing thresholds may be assessed in each ear at each of the following frequencies: i) 500 Hz ii) 1000 Hz iii) 2000 Hz iv) 3000 Hz v) 4000 Hz vi) 6000 Hz vii) 8000 Hz b) The fire department physician or other qualified medical evaluator shall compare audiogram results obtained with past results. c) Standard threshold shifts shall be corrected for age as permitted by OSHA. 6) Spirometry: a) Pulmonary function testing (spirometry) may be conducted to measure the member's forced vital capacity (FVC), forced expiratory volume in 1 second (FEV1), and the FEV1/FVC ratio. b) The fire department physician or other qualified medical evaluator shall compare spirometry results obtained during prior tests. c) Results shall be corrected according to American Thoracic Society (ATS) guidelines and normative equations found in Knudson et al. (1983) and the American College of Occupational and Environmental Medicine (2000). (See D.2.4.) 7) Chest Radiographs: a) Chest x-rays may be taken as medically indicated. b) The fire department physician or other qualified medical evaluator shall compare any chest radiographs with prior radiographs. 8) Electrocardiograms (EKG): a) A resting EKG may be performed as part of the medical evaluation. b) The fire department physician or other qualified medical evaluator shall compare EKGs obtained during evaluations with prior EKGs. c) Stress EKG with or without echocardiography or radionuclide scanning shall be performed as clinically indicated by history or symptoms. 9) Mammography: a) Mammography may be performed annually on each female member over the age of 40. b) A qualified radiologist shall compare mammograms to prior mammograms. c) The fire department physician shall compare mammography reports to prior reports. 10) Immunizations and Infectious Disease Screening: i) Tuberculosis screen (PPD) — annually or more frequently according to CDC guidelines unless member has a history of positive PPD, in which case CDC guidelines for management and subsequent chest radiographic surveillance shall be followed ii) Hepatitis C virus screen — baseline and following occupational exposure iii) Hepatitis B virus vaccinations and titers — as specified in CDC guidelines iv) Tetanus/diphtheria vaccine — booster every 10 years v) Measles, mumps, rubella vaccine (MMR) — one dose of MMR vaccine to members born after 1957 without prior immunization and/or evidence of immunity as outlined in Morbidity and Mortality Weekly Report 47(1998):1– 57 vi) Polio vaccine — A single booster of IPV for members traveling to endemic areas in the line of duty, or as outlined in Morbidity and Mortality Weekly Report 49(2000):1–22 vii) Hepatitis A vaccine — offered to high-risk (HazMat, USAR, and SCUBA team members) and other personnel with frequent or expected exposures to contaminated water viii)Varicella vaccine — offered to all non-immune personnel ix) Influenza vaccine — offered to all personnel annually x) HIV screening — available to all personnel b) Pre-screening and immunization against biological threat agents shall be made available to members following CDC guidelines or recommendations. c) All members shall be immunized against infectious diseases as required by the AHJ and by 29 CFR 1910.1030. d) The fire department physician shall ensure that all members are offered currently recommended immunizations. 11) Post-Exposure Bloodborne Pathogen Testing: a) Physicians who care for members shall follow current CDC recommendations for post-exposure prophylaxis (PEP) for bloodborne pathogen (BBP) exposures. b) There shall be a written protocol for members who present with BBP exposures. 12) HIV Testing: a) HIV testing shall be offered on a confidential basis as part of post-exposure protocols and as requested by the fire department physician or member. b) All results from HIV tests shall be provided directly to the member and shall be maintained by the physician as confidential documents. c) Results from HIV tests shall not be forwarded to any local, state, provincial, national, or international authorities or databases unless mandated by public health statutes. 13) Heavy Metal Evaluation: a) Baseline testing for heavy metals shall be required when indicated by known exposure or substantial risk. b) Evaluations shall be performed following known exposures, for recurrent exposures, or where required under federal, state, or provincial regulations. 14) Colon Cancer Screening: a) Fecal occult blood testing shall be provided to all members above the age of 40 or earlier if clinically indicated. b) Screening colonoscopy services shall be recommended to all members above the age of 50 or earlier if clinically indicated. Payment Schedule Two equal installments payable in January and September, upon receipt of Director’s notice request for payment. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR EMS MEDICAL SERVICES DIRECTOR RFP DUE DATE: November 15, 2010 at 4:00 p.m. DEPARTMENT: Fire PUBLICATION DATE: October 28, 2010 NO. POTENTIAL BIDDERS: 3 SUMMARY OF PROPOSALS RECEIVED Mike McGahan Grand Island, NE cc: Troy Hughes, Fire Chief Russ Blackburn, EMS Division Chief Jeff Pederson, City Administrator Mary Lou Brown, Finance Director Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Chris Hoffman, Fire Admin. Assist. P1437 Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-365 WHEREAS, Grand Island Fire Department provides Advanced Life Support services, and is required by state law to have a Medical Directors license to work under to provide those services. WHEREAS, Dr. Michael McGahan has been and with approval of this contract will continue to be the Medical director for the Grand Island Fire Department for 5 more years. WHEREAS, such agreements have been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement by and between Dr. Michael McGahan and the City of Grand Island Fire Department to provide Medical Director services be approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-366 - Approving Certificate of Final Completion for Utility Improvements at the Veterans Athletic Field Complex Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: December 21, 2010 Subject: Certificate of Final Completion-Utility Improvements at the Veterans Athletic Field Complex Item #’s: G-13 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Diamond Engineering on November 24, 2009 for utility improvements at the Veterans Athletic Field Complex. Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to Diamond Engineering in the amount of $19,912.22. Sample Motion Move to close out the contract with Diamond Engineering and make final payment in the amount of $19,912.22 to Diamond Engineering. Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-366 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Utility Improvements at the new Veterans Athletic Field Complex, certifying that Diamond Engineering from Grand Island, Nebraska, under contract dated November 24, 2009, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Utility Improvements at the new Veterans Athletic Field Complex is hereby confirmed. 2. That a warrant be issued from account no. 40044450-90122 in the total amount of $19,912.22 payable to Diamond Engineering for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-367 - Approving Supplemental Agreement #2 for Construction Engineering Services on the Capital Avenue Widening Project Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, City Engineer / Public Works Director Meeting: December 21, 2010 Subject: Approving Supplemental Agreement # 2 for Construction Engineering Services on the Capital Avenue Widening Project Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background Any supplements to professional services agreements must be approved by council. On September 26, 2006 an agreement with Olsson Associates for constrution engineering work was approved by the council. The agreement provided for construction engineering services on the project to widen Capital Avenue from the Moores Creek Drainway to Webb Road. Work is to be performed at actual costs with a maximum of $346,703. On September 9, 2008 the council approved supplemental agreeement number 1 for additional construction engineering services related to sanitary sewer lift station construction at the southwest corner of the Captital Avenue and Diers Avenue intersection. The agreement was for work to be performed at actual costs with a maximum of $35,000 for a revised agreeemnt total of $381,703. The project is approximately 80% funded with federal Surface Transporation Funds administered by the Nebraska Department of Roads (NDOR). Discussion The agreement for construction engineering services was approved in advance of the project start date to facilitate utility relocation work. The agreement was based on an anticipated start date in January 2007 with completion in 12 months. The actual start date for the project was pushed back to August 2008 by Right-Of-Way acquisitions through eminent domain. The substantial completion date for the project was in November 2009 with an anticipated final completion date of January 2011. Due to the length of the project, adjustment of the salary rates in the agreement are necessary. Using the same annual salary increases as non-union city employees increases the amount of the agreement by $31,497. The agreement did not include development of a Stormwater Pollution Prevention Plan (SWPPP). Since the City is involved in enforcing the requirements of a SWPPP as a Phase 2 Stormwater community, it was deemed more appropriate for a consultant to develop the plan for City approval. The estimated cost for the development and tracking required for SWPPP work is $8,000.00 The Nebraska Department of Roads allows the agreement for construction engineering services to be supplemental for work performed that is outside of the scope of the original agreement or for changed conditions such as change orders, overruns of contract items, extensions to contract time allowance, or overruns of contract time allowance. The estimated construction engineering cost as a result of the extended construction schedule, construction administration and additional construction phasing exhibits are detailed on exhibit 2SA and estimated at $33,500.00. The construction engineering agreement did not include the work of replacing property pins that were disturbed along the project. Since the City does not have a licensed land surveyor on staff, the consultant was asked to quote the work. The cost to survey and install the property pins is estimated at $4,237.00. Since the work is being performed using federal funds, the format for the supplemental agreement was furnished by the Nebraska Department of Roads. Funds are available in the Wastewater budget, federal aid STP fund account, and general fund for this supplement to the agreement with Olsson Associates. 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 Supplemental Agreement #2 to the agreement with Olsson Associates, in an amount not to exceed $77,234.00 for a revised agreement total of $458,937.00. Sample Motion Move to approve Supplemental Agreement #2 to the agreement with Olsson Associates, in an amount not to exceed $77,234.00. Snr Project Senior Senior Associate Survey Senior Assistant Engineer Technician Const. Obs.Engineer Manager Survey Tech. Survey Tech. Clerical TOTALS 1. NPDES Permit A. SWPPP 4.0 16.0 2.0 22.0 B. Erosion Control Plan 2.0 16.0 18.0 C. Bi-Weekly Inspections (27 inspections) 8.0 54.0 62.0 2. A. Construction Observation 32.0 320.0 8.0 360.0 B. Reporting Forms 4.0 16.0 20.0 3. Additional Construciton Administration A. Additional Pay Requests (6) 8.0 30.0 38.0 B. Additional Change Order 8.0 4.0 12.0 4. Property Pins (45) A. Setting Property Pins 4.0 24.0 24.0 52.0 5. Additional Construction Phases A.Additional Construction Traffic Control Phases 12.0 32.0 44.0 B. Landowner Exhibits 6.0 20.0 26.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Subtotal (Hours)84.0 84.0 424.0 0.0 4.0 24.0 24.0 10.0 654.0 Hours $/Hour Senior Project Engineer, Matt Rief 84.0 $39.90 $3,352 Senior Technician, Zack Loomis 84.0 $20.10 $1,688 Senior Construction Observer, James McClellan 424.0 $22.84 $9,684 Associate Engineer, Ryan Kavan 0.0 $25.48 $0 Survey Manager, Jai Andrist 4.0 $28.85 $115 Senior Surveyor, Jesse Hurt 24.0 $20.00 $480 Assistant Surveyor, Jaden Hurt 24.0 $14.00 $336 Clerical, Enid Cederlind 10.0 $16.15 $162 Direct Labor Subtotal: $15,817 Overhead @ 160.00%: $25,307 Subtotal $41,124 Profit (10%): 4,112 Total Labor: $45,237 Direct Costs Amount Mileage $300 Phone $160 Postage $20 Copies $20 Subtotal:$500 Total Direct Costs: $500 Increased Labor Rates Adjustment $31,497 Total Estimated Fees:$77,234 NDOR Project No. STPAA-5436 (4)Supplemental #2 Control No. 42427 Exhibit "S2B" CAPITAL AVENUE PAVING IMPROVEMENTS Page 1 of 1 Exhibit S2B Extended Construction Schedule (8 additional weeks) Capital Avenue Paving Improvements City of Grand Island PROJECT NO. STPAA-5436(4), C.N. 42427 Supplemental #2 Construction Engineering Services PROJECT NO. STPAA-5436(4) SUPPLEMENTAL #2 CONTROL NO. 42427 EXHIBIT S2A CAPITAL AVENUE PAVING IMPROVEMENTS Page 1 of 2 EXHIBIT S2A Scope of Services Capital Avenue Paving Improvements City of Grand Island PROJECT NO. STPAA-5436(4), C.N. 42427 Supplemental #2 Construction Engineering Services Wage Rate Increases From the original contract dated September 8, 2006, Olssons had estimated that our total labor costs, including overhead and profit would be $321,698.00. This was based on a construction start date of January 1, 2007 and an anticipated completion date of January 1, 2008, with Olsson Associates expending 5,498 hours for the agreed scope of work. Olssons did incur some labor costs for utility relocations prior to construction in 2006 and 2007. However due to factors beyond our control the project was not awarded until May 13, 2008 and construction did not start until August 26, 2008. Olsson Associates has incurred additional costs due to salary and direct expense increases since the original contract was executed. The annual salary increase for the City of Grand Island non-union staff was 4% for 2007, 5% for 2008, and 3% for 2009. Below is a table showing percentage of work completed each year of the original contract labor. An inflation rate for the annual salary increase was applied for wages incurred on the project at 4% for 2007 and 2008 and 3% for 2009. The total adjustment for inflation is $31,497 on the original contract labor. CONSTRUCTION ENGINEERING COSTS Original Contract Labor Amount $ 321,698.00 Year % Work Completed @ Inflation Rate Total 2006 5.20% 0.00% $ - 2007 5.20% 4.00% $ 669.13 2008 19.60% 8.16% $ 5,145.11 2009 70.00% 11.41% $ 25,682.76 ADJUSTMENT FOR INFLATION $ 31,497.00 NPDES Permit A Storm Water Pollution Prevention Plan (SWPPP) was developed as required for the Construction Storm Water Notice of Intent (CSW-NOI). This included creating a detailed erosion control plan for the project which was incorporated into the SWPPP. Construction Storm Water Notice of Intent (CSW-NOI) was completed and then fully executed. Storm Water bi-weekly inspections were completed as part of the SWPPP including additional inspections after 1/2” rain events. This was not a requirement when original agreement was signed in 2006. PROJECT NO. STPAA-5436(4) SUPPLEMENTAL #2 CONTROL NO. 42427 EXHIBIT S2A CAPITAL AVENUE PAVING IMPROVEMENTS Page 2 of 2 Extended Construction Schedule The original agreement assumed 52 weeks of construction and supplemental agreement #1 assumed 8 weeks of construction for a total of 60 weeks of construction. Construction started August 26, 2008 and extended thru the winter except for approximately a 2 week shut down for winter conditions. As of October 26, 2009, sixty-two (62) weeks had passed since the construction start date. Construction was shut down December 7, 2009 and construction was completed in spring 2010. This is approximately an additional 6 weeks of construction observation for 2009 and equivalent of 2 weeks for 2010 for part time observation for punch list items. Major contributing factors in extending construction period were the additional time required for subgrade stabilization and for by-pass sanitary sewer pipes/manholes for the future lift station. Another factor was additional utility relocations. Construction Administration We also anticipate a total of 20 pay requests for the project. This is an increase of 6 pay requests from the original agreement and supplemental #1. Also, we assumed 3 change orders but the project required 4 to complete. Additional Construction Phasing Exhibits The original plans called for 3 primary phases. There have been several changes to the construction phasing from the original phasing plan facilitated by the Contractor. We have completed 11 construction phasing traffic control plans for the project and 5 informational exhibits to distribute to landowners. We are requesting additional time to create the construction phasing traffic control exhibits and landowner. Property Pins Setting property pins for the new right of way takings for the project. The pins had not been previously set because of the construction limits and this task was not included in the original scope. Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-367 WHEREAS, on September 26, 2006, by Resolution No. 2006-273, the City Council of the City of Grand Island approved an agreement with Olsson Associates of Grand Island, Nebraska to perform construction engineering services to widen Capital Avenue form the Moores Creek Drainway to Webb Road at actual costs with a maximum of $346,703.00; and WHEREAS, on September 9, 2008, by Resolution No. 2008-243, the City Council of the City of Grand Island approved Supplemental Agreement #1 to the agreement with Olsson Associates for additional services during construction work at actual costs with a maximum of $35,000.00; and WHEREAS, additional construction engineering services are required for development of a Stormwater Pollution Prevention Plan (SWPPP), an extended contract schedule, and relocating property pins in connection with the project; and WHEREAS, costs of the additional services shall not exceed $77,234.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the supplemental to the original agreement with Olsson Associates of Grand Island, Nebraska is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the supplemental to the original agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2010-368 - Approving Pioneer Consortium Joint Entity Agreement for Library Services Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: December 21, 2010 Subject: Approving Pioneer Consortium Joint Entity Agreement for Library Services Item #’s: G-15 Presenter(s): Steve Fosselman, Library Director Background On May 12, 2009 the Grand Island City Council approved an Interlocal Agreement with the cities of Bellevue, Gretna, Holdrege, Lincoln, Omaha, and St. Paul to form a consortium of libraries to participate in a federal grant to study the best means, features, and start-up and on-going costs of a centralized Open Source (freely distributed, non- proprietary open source code) automated library system to potentially replace the proprietary SirsiDynix system currently in place. This agreement was renewed by the City Council on June 8, 2010. Discussion After concluding our study, four members of the consortium – Grand Island, Holdrege, Lincoln and St. Paul - have agreed to move forward with implementing a centralized open source software system and expect to go live with this system in April 2011. This will allow our library to fully migrate from our present SirsiDynix system to the consortium system to provide library services as efficiently and effectively as possible. To do so, the consortium’s Interlocal Agreement has been changed to reflect the current composition of the consortium and to allow for more flexibility in the future for additional membership in this statewide consortium. Our library will save over $10,000 annually for software maintenance compared to current SirsiDynix maintenance fees. In addition, migration to the latest version of SirsiDynix would have ranged from $38,000 (library-hosted) to $62,000 (SirsiDynix hosted). Migration costs with this open source system will be less than $3,000. An added benefit to continued participation in this consortium is the ability to collaborate with others on a model of service that will reduce operating costs associated with cataloging materials, interlibrary loan and other resource sharing services. Alte rnatives 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 Pioneer Consortium Joint Entity Agreement for Library Services. Sample Motion Move to approve the Pioneer Consortium Joint Entity Agreement for Library Services. PIONEER CONSORTIUM JOINT ENTITY AGREEMENT This Joint Entity Agreement (“Agreement”) is entered into effective as of December ___, 2010 by and between the City of Grand Island, Nebraska; City of Holdrege, Nebraska; City of Lincoln, Nebraska;, and the City of St. Paul, Nebraska and their respective library boards, pursuant to authority provided in the Nebraska Interlocal Cooperation Act, Neb. Rev. Stat. §§ 13-801, et seq. (Reissue 2007). The parties hereto shall be collectively referred to as the “Member Libraries” and each singularly as “member library.” RECITALS: A. Art. XV, § 18 of the Constitution of the State of Nebraska and the Interlcoal Cooperation Act, Neb. Rev. Stat. §§ 13-801 et seq. (the “Act”) authorize two (2) or more public agencies to enter into agreements with one another for joint or cooperative action in regard to the exercise or enjoyment jointly of any power or powers, privileges, or authority exercised or capable of exercise by such public agencies and for the creation of a joint entity with the powers delegated to the joint entity by such public agencies. B. The Member Libraries to this Agreement ha ve the authority, among others things, to plan and implement projects and services for the purposes authorized by the Act. C. The Member Libraries to this Agreement deem it in their mutual interests to coordinate planning and implementation of an open source integrated library system of library resources. D. The Member Libraries desire to enter into this Agreement in order to jointly plan and implement these services. E. The Member Libraries desire to create a joint administrative entity, known as the “Pioneer Consortium,” to act on their behalf for the purposes and upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants contained herein, it is agreed by the Member Libraries hereto, as follows: 1.0 PIONEER CONSORTIUM ESTABLISHMENT AND PURPOSE: 1.1 Parties. The parties to this Agreement are the Member Libraries and are public agencies within the meaning of Neb. Rev. Stat. § 13-803. 1.2 Public Agency. The Member Libraries understand and agree that the Pioneer Consortium is a joint entity within the meaning of Neb. Rev. Stat. § 13-803. Each member library consents to the participation in this Agreement by the other Member Libraries. Each member library agrees and acknowledges that this Agreement shall become binding upon each member library upon execution of this Agreement. 1.3 Authorization of Agreement. Each member library shall approve the creation of the Pioneer Consortium through appropriate action by ordinance, resolution, or otherwise pursuant to the governing laws of each member library to authorize execution of the Agreement. Each member library shall execute duplicate copies of this Agreement and provide one executed copy to the Pioneer Consortium. The parties agree that the separately executed copies of this Agreement which shall constitute the Pioneer Consortium Joint Entity Agreement shall be given full force and effect. Any prior agreements regarding the creation of the Pioneer Consortium are superseded by this Agreement. 1.4 Purpose. The Pioneer Consortium is a joint entity of publicly funded libraries, the “Member Libraries,” in the State of Nebraska. The Pioneer Consortium’s purpose is to enrich the collections, share the resources, enhance the services, and strengthen support for its Member Libraries. This purpose is achieved through supporting an open source integrated library system of library resources, and other activities that enable its Member Libraries to provide library services efficiently and effectively. The Pioneer Consortium is based on open source integrated library software and computer equipment located at each member library and a central site, and linked via the Internet, which in turn constitutes the automated union catalog system. Each member library's goal shall be to maintain and enhance a strong working relationship with Member Libraries. All Member Libraries shall subscribe to the goals and primary functions of the Pioneer Consortium as noted herein. 1.5 Functions. The functions of the Pioneer Consortium are listed below, not necessarily in priority order of importance: a. To provide access to the union catalog of the Member Libraries; b. To allow patrons to request needed materials from the collections of Member Libraries; c. To enhance cooperative electronic and physical document delivery of materials held by Member Libraries; d. To provide access to electronic resources other than the union catalog to Member Libraries and their patrons; and e. To support cooperative collection development activities by Member Libraries. 1.6 Duration. The duration of this Agreement shall be from the effective date of this Agreement to January 1, 2016, and be subject to renewal every year thereafter upon the majority vote of the Pioneer Council. 2.0 THE PIONEER COUNCIL AND GOVERNANCE STRUCTURE: 2.1 Pioneer Council. The Pioneer Consortium is to be governed by a governing board comprised of the library directors from each member library. That board, called the Pioneer Council, shall have the responsibility to cooperate to determine the most efficient and effective methods, materials, contractual relationships, and member fees for the benefit of all Member Libraries and public agencies. 2.2 President. The Pioneer Council shall elect a President. The term of service and obligations of office shall be published in the bylaws. 2.3 Voting. Each member library shall have one vote on the Pioneer Council. A majority vote of the quorum present at any meeting shall be necessary for any action of the Pioneer Consortium. 2.4 Bylaws. The Pioneer Council shall develop and maintain bylaws governing the Pioneer Consortium’s activities and services. The bylaws shall provide for such additional offices, duties, or committees as determined necessary by the Pioneer Council. 2.5 Meetings. The Pioneer Council shall meet at least annually and shall have other meetings as provided in any bylaws, rules, or regulations adopted by the Pioneer Council. 2.6 Notice. Notice of any meeting of the Pioneer Council shall comply with the open meetings law and public notice requirements. Notice of any meeting will also be given to member library as provided in any bylaws, rules, or regulations adopted by the Pioneer Council. 2.7 Quorum. A majority of the Member Libraries shall constitute a quorum. A member library may provide for a proxy or alternative member to attend in the place of the library director as provided in any bylaws, rules, or regulations. 2.8 Budget and Expenses. The Pioneer Council shall approve the Pioneer Consortium’s budgets, expenditure plans, and member fees and charges for ongoing expenses. 2.9 Policies. The Pioneer Council shall set policies for the Pioneer Consortium and its business and contractual relationship with any member library and with any third party vendors. 2.10 Other Laws. The Member Libraries of the Pioneer Council are required to follow all applicable governmental accountability, conflict of interest, property acquisition, and open meeting laws. 2.11 Central System, Connectivity, and Repository. Equipment acquired with grant funds must continue to be used for project purposes for at least five years or the life of the equipment. The Pioneer Council shall determine expenditures for hardware, software, and maintenance of the databases. The Pioneer Council shall determine the reliable central site connectivity for Pioneer Consortium-related telecommunication traffic to and from the central system to each member library, sufficient for access to the union catalog and other databases. The Pioneer Council shall determine a repository for purposes of operating and maintaining a union catalog of the collections of the Member Libraries that is accessible. The individual Member Libraries shall pay for the support and coordination of locally generated data or activities. 2.12 Termination or Withdrawal. The Pioneer Counc il may terminate a member library's Pioneer Consortium membership only if the member library materially breaches its duties and such duties remain breached for sixty (60) days after notification by Pioneer Consortium or if to continue participation would violate laws of the State of Nebraska. Each member library can, at its discretion, withdraw from the Pioneer Consortium. Such withdrawal will be effective upon sixty (60) days written notice to the Pioneer Council President. If a member library is terminated or withdraws from the Pioneer Consortium, the data submitted to the central system at that point must be removed from central system within one hundred and twenty (120) days at that withdrawing member library's expense. 2.13 Forfeiture of Interest. Any member library leaving the Pioneer Consortium shall forfeit any interest it may have in the property owned by the Pioneer Consortium to the remaining Member Libraries. Except as otherwise provided in this Agreement, in the event all Member Libraries shall agree to disband the Pioneer Consortium, any property owned by the Pioneer Consortium shall be distributed on a pro-rata basis to be figured as a proportion of the number of materials held in each member library compared to the overall total number of materials held by the consortium. 2.14 Insurance. The Pioneer Council shall determine the best means of insuring central site hardware, software, and system against loss by fire and other means. Any settlement paid to cover the loss of items jointly owned by the Pioneer Consortium shall be solely used to replace Pioneer Consortium property. 2.15 Committees. The Pioneer Council shall create a Technical Committee, consisting of staff designated by each member library, which shall advise the Pioneer Council on technical management issues. The Pioneer Council may establish other advisory groups or committees as needed. 3.0 BUSINESS AGENT DUTIES: 3.1 Business Agent. The Lincoln City Libraries shall serve as the initial contracting and business agent (“Business Agent”) for the Pioneer Consortium. The staff of the Business Agent shall provide administrative support for the Pioneer Consortium. The Business Agent shall be the official repository for the Pioneer Consortium documentation, correspondence, and other business records. 3.2 Financial Agent. The Lincoln City Libraries shall serve as the initial budget and accounting agent (“Financial Agent”). The staff of the Financial Agent shall provide the Pioneer Council with all necessary mana gement information including but no t limited to financial reports. The Financial Agent shall draft an annual report subject to the approval of the Pioneer Council. 3.3 Designation of Business Agent and Financial Agent. By majority vote of all the Member Libraries, the Pioneer Council shall designate a Business Agent and Financial Agent of the Pioneer Consortium. The role of Business Agent and Financial Agent to the Pioneer Consortium may be served by the same member library. 4.0 MEMBER LIBRARIES’ DUTIES: 4.1 Individual Library Member Expenses. Travel costs and other costs to participate in the Pioneer Consortium are the responsibility of each member library. Each member library shall be responsible for purchasing and maintaining its own local system hardware and software. Each member library shall provide, at its expense, all costs to link and ensure reliable access from the member library's local system to the Pioneer Consortium central system. 4.2 Pro-rata Contribution for Services. The ongoing expenses associated with the delivery of services by the Pioneer Consortium shall be assessed to each member library quarterly based on a pro-rata amount for maintenance, supplies, development, and associated costs. The pro-rata costs will be apportioned as determined by the Pioneer Council. The payment amount for the coming Consortium fiscal year shall be determined by the Pioneer Council by March 31st of each year or more frequently as necessary in re-assessing costs upon approval of additional members. 4.3 Sharing information and services. Each member library shall provide to the Pioneer Consortium automation third party service provider a copy of its bibliographic, patron, authority, transactions and holdings databases for loading into the central system. Each member library shall be responsible for all expenses associated with the profiling and migration of its database. Each member library shall provide to Pioneer Consortium additional records to be added to the above mentioned databases using mutually acceptable catalog rules and procedures. Data obtained by the central site from each member library shall hereby be contributed to Pioneer Consortium for use in achievement of Pioneer Consortium's goals, subject to any third-party license restrictions attached to such data. 4.4 Participation in committees. Each member library shall actively participate in the Pioneer Consortium by maintaining active participation in the Pioneer Council and in additional groups established by the Pioneer Council including but not limited to standing committees, ad-hoc committees, task forces, and advisory bodies. 4.5 Copyright. Each member library shall be responsible for verifying copyright and/or fair use status and/or obtaining copyright permission prior to its placing or introducing any information, text, graphics or data into the Pioneer Consortium database(s). Member Libraries agree they shall be solely responsible and shall indemnify the other parties to this Agreement and hold them harmless from for any claim, loss, liability or expense due to loading of copyrighted materials in the Pioneer Consortium database(s) by the employees or agents of the member library where such loading or subsequent use, viewing, printing, downloading, or recopying is alleged to be infringing. 4.6 Appropriation of Funds and Supply of Personnel. Pursuant to Neb. Rev. Stat. § 13-806, any member library may appropriate funds and sell, lease, give, or otherwise supply the Pioneer Consortium with personnel or services. 4.7 Additional Powers. In addition to other powers, the Pioneer Consortium shall also have the following powers as provided by Neb. Rev. Stat. §§ 13-804(6): (a) to sue and be sued; (b) to have a seal and alter the same at pleasure or to dispense with its necessity; (c) to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (d) from time to time, to make, amend, and repeal bylaws, rules, and regulations, not inconsistent with the provisions of the Act and this Agreement 5.0 MISCELLANEOUS: 5.1 Indemnification. Except as otherwise limited by Nebraska law, to the fullest extent permitted by law, each member library shall mutually indemnify, defend, and hold harmless the Member Libraries, their officers, agents, and employees from and against claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of this Agreement, that results in any claim for damage whatsoever, including without limitation, any bodily injury, sickness, disease, death, or any injury to or destruction of tangible or intangible property, including any loss of use resulting therefrom that is caused in whole or in part by the intentional or negligent act or omission of the member library, or anyone for whose acts any of them may be liable. The Member Libraries do not waive their governmental immunity by entering into this Agreement and fully retain all immunities and defenses provided by law. This section survives any termination of this Agreement. 5.2 Fair Employment. The Pioneer Consortium shall not discriminate against any employee (or applicant for employment) with respect to compensation, terms, advancement potential, conditions, or privileges of employment, because of such person’s race, color, religion, sex, disability, national origin, ancestry, age, or marital status. 5.3 Fair Labor Standards. The Pioneer Consortium shall maintain Fair Labor Standards in the performance of this Agreement, as required by Chapter 73, Nebraska Revised Statutes, as amended. 5.4 No Mutual Employment Relationship. It is the express intent of the Member Libraries that this Agreement shall not create an employer-employee relationship. Employees of any member library shall no t be deemed to be employees of the other Member Libraries nor entitled to any salary, wages, or benefits, including but not limited to overtime, vacation, retirement benefits, workers’ compensation, sick leave or injury leave of said Member Libraries. The Member Libraries shall be responsible to their respective employees for all salary and benefits. 5.5 Integration, Amendment, and Assignment. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No amendment, consent, or waiver of terms of this Agreement shall bind either party, unless in writing and signed by all parties. Any such amendment, consent, or waiver shall be effective only in the specific instance and for the specific purpose given. This Agreement may not be assigned without the prior written consent of the other Member Libraries. 5.6 Nebraska Law. This Agreement shall be governed and interpreted by the Laws of the State of Nebraska without reference to the principles of conflicts of law. 5.7 Severability and Savings. Each section of this Agreement is hereby declared to be independent of every other section so far as inducement for the acceptance of this Agreement and invalidity of any section of this Agreement shall not invalidate any other section thereof. 5.8 E-Verify. In accordance with Neb. Rev. Stat. §§ 4-108 through 4-114, the Pioneer Consortium agrees to register with and use a federal immigration verification system, to determine the work eligibility status of new employees performing services within the state of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1324 a, otherwise known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986. The Pioneer Consortium shall not discriminate against any employee or applicant for employment to be employed in the performance of this section pursuant to the requirements of state law and 8 U.S.C. § 1324b. The Pioneer Consortium shall require any subcontractor to comply with the provisions of this section. For information on the E-Verify Program, go to www.uscis.gov/everify. 5.9 Additional Member Libraries. Additional political subdivisions or governmental entities may apply to become members of the Pioneer Consortium by providing a letter of application, which shall be considered by the Pioneer Council at its next regular or special meeting following the receipt of the application. Upon receiving the approval of two-thirds (2/3) of the Pioneer Council and the subsequent execution of this Agreement by the applicant member, including any addendum, amendment, or modification thereto, the applicant shall become a member library of the Pioneer Consortium. 5.10 Capacity. The undersigned person on behalf of each member library does hereby agree and represent that he or she is legally capable to sign this Agreement and to lawfully bind the member library and its associated public agency to this Agreement 8 PIONEER CONSORTIUM JOINT ENTITY AGREEMENT DATE: ______________________ THE CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ ____________________________________ Chairman, Library Board Mayor ATTEST: ____________________________ City Clerk Approved as to form: ____________________________ Grand Island City Attorney 9 PIONEER CONSORTIUM JOINT ENTITY AGREEMENT DATE: ______________________ Holdrege Area Public Library, NEBRASKA ________________________________ ____________________________________ President, Library Board Library Director ATTEST: ____________________________ Notary Approved as to form: ____________________________ Kent Person, Esq. Board of Library Trustees 10 PIONEER CONSORTIUM JOINT ENTITY AGREEMENT DATE: ______________________ THE CITY OF LINCOLN, NEBRASKA, d/b/a LINCOLN CITY LIBRARIES _______________________________ ____________________________________ President, Library Board Library Director Approved as to form: ____________________________ Lincoln City Attorney 11 PIONEER CONSORTIUM JOINT ENTITY AGREEMENT DATE: ______________________ THE CITY OF ST. PAUL, NEBRASKA, A Municipal Corporation, ________________________________ ____________________________________ Chairman, Library Board Mayor ________________________________ ATTEST: Superintendent, School District ____________________________ City Clerk Approved as to form: ____________________________ St. Paul City Attorney Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-368 WHEREAS, the City of Grand Island, Nebraska entered into an Interlocal Agreement pursuant to authority provided in the Nebraska Interlocal Cooperation Act on May 12, 2009 with the City of Bellevue, Nebraska, City of Gretna, Nebraska, City of Holdrege, Nebraska, City of Lincoln, Nebraska, City of Omaha, Nebraska and the City of St. Paul, Nebraska and their respective library boards (the Parties) for purposes of establishing a consortium of publicly funded libraries in the State of Nebraska to support an open source unified catalog of library resources, an efficient materials request and delivery system, and other activities that enable its members to provide library services efficiently and effectively; and WHEREAS, the public libraries of Grand Island, Holdrege, Lincoln, St. Paul are proceeding with migration to an open source unified catalog of library resources; and WHEREAS, approval of a new Pioneer Consortium Joint Entity Agreement pursuant to authority provided in the Nebraska Interlocal Cooperation Act, with duration from the effective date of this Agreement to January 1, 2016, subject to renewal every year thereafter upon the majority vote of the Pioneer Council, is now desired to reflect the membership of the consortium and to allow for future additional members to the consortium. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the City, approve the Pioneer Consortium Joint Entity Agreement pursuant to authority provided in the Nebraska Interlocal Cooperation Act between the City of Grand Island and the City of Holdrege, Nebraska, City of Lincoln, Nebraska, and the City of St. Paul, Nebraska and their respective library boards, in accordance with the terms and conditions generally described above. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2010-369 - Approving State Bid Contract for Two (2) Ford Expeditions for the Police Department Tuesday, December 21, 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: December 21, 2010 Subject: Purchase of Police Vehicles Item #’s: G-16 Presenter(s): Steven Lamken, Police Chief Background The police department proposes the purchase of two Ford Expedition(s) 4 wheel drive vehicles. The vehicles are available under a State bid awarded to Anderson Ford of Lincoln, Nebraska. Funds are in this fiscal year’s budget. The total purchase amount is $59,330.00 Discussion The police department has used the Expedition 4 wheel drive in the patrol division since 2007. Although they carry a higher price than the police package Crown Victoria, having the 4 wheel drive is a valuable tool during storm conditions. Our current Expeditions will be rotated out of full time 24 hour patrol use. One will be assigned to a canine officer, one rotated to other police use, and the remaining vehicle will be used for other City purposes or sold. 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 purchase of two 2011 Ford Expeditions from Anderson Ford of Lincoln, Nebraska off of State Contract 12879 OC, in the amount of $59,330.00 Sample Motion Move to approve the purchase of two Ford Expeditions at a cost of $59,330.00 from Anderson Ford of Lincoln, Nebraska under State bid # 12879 OC. Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-369 WHEREAS, the police department will purchase two 2011 Ford Expeditions for police patrol, and WHEREAS, Anderson Ford of Lincoln, Nebraska was awarded the State bid, contract #12879 OC, and WHEREAS, the expense, $59,330.00 is budgeted in the police fiscal 2011 budget: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase order and subsequent payment is authorized. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Gordon Glade and Island Landhandlers, Inc. for a Conditional Use Permit for a Sand and Gravel Operation Located at 3812 South Blaine Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Request from Riverside Golf Club for a Temporary Liquor License Located at 644 South Locust Street Tuesday, December 21, 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: December 21, 2010 Subject: Request from Riverside Golf Club for a Temporary Liquor License Located at 644 South Locust Street Item #’s: H-2 Presenter(s): RaNae Edwards, City Clerk Background Riverside Golf Club located at 2820 Riverside Drive is in the process of expanding and remodeling their facility. They currently have a Class “C” Liquor License which allows for the sale of alcohol on and off sale inside the City limits of Grand Island. They are requesting City Council’s permission to use their current liquor license at a temporary location at 644 South Locust Street for approximately 4 to 6 months. Discussion The Liquor Control Commission has informed the City Clerk they will approve this request with Council approval. Council action is required and will be forwarded to the Nebraska Liquor Control Commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for a temporary Liquor License for Riverside Golf Club located at 644 South Locust Street. Sample Motion Move to approve the request from Riverside Golf Club, 2820 Riverside Drive fo r a temporary Liquor License located at 644 South Locust Street. Item I1 #2010-370 - Consideration of Approving Funding of Economic Development Request for Rogue Manufacturing, Inc. Tuesday, December 21, 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, Interim City Administrator Meeting: December 21, 2010 Subject: Approving Economic Development Incentive Agreement with Rogue Manufacturing, Inc. Item #’s: I-1 Presenter(s): Mary Lou Brown, Interim City Administrator Mark Stelk, Chairman Citizens’ Review Committee Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Economic Development Corporation. The Economic Development Corporation has received an application from Rogue Manufacturing, Inc. for LB 840 funds in the amount of $50,000.00 to be used for infrastructure and employee incentives. On November 11, 2010, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Review Committee (CRC) for consideration and recommendation. The CRC met on December 7, 2010 and approved the request and Agreement for recommendation to the City Council for final action and approval. Discussion Rouge Manufacturing, Inc. was started in 2009 by Rick Lockard, Greg Richards, Mike Pipes, and Chuck Costello, former employees of Chief Automotive. They are located at the Central Nebraska Regional Airport. Recently the company moved from a 5,000 square foot building to a building of over 15,000 square feet. The new location had been updated with new electrical service. To comply with new EPA regulations, updated exhaust and air control systems needed to be installed. They provide fabrication, assembly work, and shipping of personal fitness trampolines for Needak Rebounders of O’Neill. Requested were LB840 funds in the amount of $35,000 for infrastructure and $3,000 for five new employees for a total amount of $50,000. Currently there are seven employees with a request to add five new employees with an average hourly wage of $13.50. The new employees to be hired would be welders and assemblers. The Central Nebraska Airport has invested Approximately $25,000 toward the hanger where Rouge Manufacturing is located and the Airport Board is in favor of this application. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with Rogue Manufacturing, Inc. 2. Do not approve the Economic Development Agreement with Rogue Manufacturing, Inc. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with Rogue Manufacturing, Inc. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with Rogue Manufacturing, Inc. Approved as to Form ¤ ___________ December 16, 2010 ¤ City Attorney R E S O L U T I O N 2010-370 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Rogue Manufacturing, Inc. has applied for a forgivable loan for job incentive and infrastructure in the amount of $50,000.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on December 7, 2010 by the Citizens Advisory Review Committee; and WHEREAS, Rogue Manufacturing, Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Rogue Manufacturing, Inc. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Rogue Manufacturing, Inc., to provide $50,000.00 in economic assistance to Rogue Manufacturing, Inc., to be used for expanding its business in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item I2 #2010-371 - Consideration of Approving Appointment of Interim Public Works Director Gary Mader Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Council Agenda Memo From: Mayor Jay Vavricek Meeting: December 21, 2010 Subject: Interim Public Works Director Appointment Recommendation Item #’s: I-2 Presenter’s: Mayor Jay Vavricek Background With the impending resignation of Public Works Director Steve Riehle to be effective January 7, 2011, it’s important to provide leadership in this department thereafter while Human Resources seeks to identify a capable replacement. Public Works involves many diverse functions and a director of this department needs to have an engineering background, a sense of the functionality of this department within the city and one who understands the expectations of service to rate payers and tax payers. To select someone for interim leadership while shouldering cur rent employment demands it is imperative they be able to balance the workload and priorities of two departments as well as have a sense of management and supervisory capacities. These are the ingredients that would form an interim recommendation as identified by Interim City Administrator Brown, Human Resources Director Sutherland and Mayor Vavricek with the goal of doing right by individuals and the best long term interests of the people of Grand Island. Discussion In order to confidently determine a recommendation to serve in the capacity of Interim Public Works Director, the factors described above were best served by one person… a long time member of the City of Grand Island, one who has an engineering background, one who has the understanding of department management with the capacities associated to command a work force and effectively complete specific assignments with a long track record of success as a department director and not deter from his department’s future effectiveness. Therefore the recommendation for the best person to fill this role is Utility Department Director Gary Mader. Pending Council approval, Mr. Mader will assume the duties of Interim Public Works Director on January 10, 2011. Gary Mader attended Colorado State University and received a Bachelor of Science Degree in Mechanical Engineering. He is a 36 year employee of the City of Grand Island. He has served five years as a Mechanical Engineer in the Utilities Department, the Construction Engineer of the Platte Generating Station, and later in charge of the Production Division of the Utilities Department for four years until promoted to Utilities Director in 1986. Mr. Mader has admirably served as director for over 24 years and is no stranger to emergency response. As a wise steward of a department who understands redundancy and has excellent supervisory management skills, he has the ability to not impact the on going’s effectiveness of his department while he is asked to shoulder additional responsibilities as Interim Public Works Director. Mr. Mader is at the top step in his pay scale and therefore to compensate him for the increased responsibility he will take on with a department as large and diverse as Public Works, the compensation should create an incentive for the highest measure of employee performance. As there is not a step in the Public Works Director pay scale to place Mr. Mader in, I am recommending a monthly stipend of $900 per month. He will wear two hats while serving in this position. He will serve as the Utilities Director and the Interim Public Works Director concurrently. I am confident he has the skill sets, the knowledge, the intelligence, and the management capacities and as a 36 year member of our community knows the importance of what his performance and service this interim capacity means to the people of our Grand Island. 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 Gary Mader be appointed Interim Public Works Director. Sample Motion Move to appoint Gary Mader Interim Public Works Director. Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-371 WHEREAS, under City Code, 2 - 41, the office of Public Works Director for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Public Works Director; and WHEREAS, the position will become vacant and an interim appointment may be made; and WHEREAS, the Mayor has recommended the appointment of Gary Mader as the Interim Public Works Director effective as of January 10, 2010 until such time as a replacement is appointed; and WHEREAS, Mr. Mader will be compensated at a rate of $900 per month prorated as appropriate for services tendered. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Gary Mader is hereby duly appointed the Interim Public Works Director for the City of Grand Island, Nebraska, . - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2010-372 - Consideration of Approving Appointment of Interim City Engineer Terry Brown Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Council Agenda Memo From: Mayor Jay Vavricek Meeting: December 21, 2010 Subject: Interim City Engineer Mayoral Recommendation Item #’s: I-3 Presenter(s): Mayor Jay Vavricek Background State Statute and Grand Island City Code specifies the need to designate a City Engineer within the Public Works Department of the City of Grand Island. The current City Engineer is Steve Riehle. As Public Works Director, Steve’s resignation relative to both positions will become effective January 7, 2011. Therefore, it is necessary to make a recommendation in order to maintain the on going work of the Public Works Department. A capable replacement with an accredited engineering degree to serve in the capacity as Interim City Engineer is necessary and has been identified to be Terry Brown. Discussion Terry Brown received a Bachelor of Science Degree in Civil Engineering from the University of Nebraska Lincoln. He has over 20 years of experience as a consultant, is a registered Professional Engineer in our state and has significant background as a Senior Design Engineer with Ross Engineering in Lincoln, a Senior Project Manager for Snyder and Associates in Ankeny, Iowa and as a Senior Project Manager for Olsson Associates for seven years. Terry has been an employee of the City of Grand Island Public Works Department as Manager of Engineering Services since July 2010 and serves as the head of the Engineering Division. Therefore, I am confident he has the accreditation and previous engineering experience, and as a va lued employee within the Public Works Department, I am confident this recommendation is in the best interests of the effectiveness of the department, meets the qualifications necessary under State law and Grand Island City Code and as Interim City Engineer best serves the people of Grand Island. Mr. Brown’s appointment will be effective January 10, 2011 with Council approval. 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 appointment of Terry Brown as Interim City Engineer. Sample Motion Move to approve Terry Brown as Interim City Engineer. Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-372 WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Engineer for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of City Engineer; and WHEREAS, the position will become vacant and an interim appointment may be made; and WHEREAS, the Manager of Engineering Services is a licensed professional engineer and meets the statutory requirement for a City Engineer; and WHEREAS, the Mayor has recommended the appointment of Terry Brown as the Interim City Engineer effective as of January 10, 2010 until such time as a replacement is appointed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Terry Brown is hereby duly appointed the Interim City Engineer for the City of Grand Island, Nebraska, . - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2010-374 - Consideration of Approving Appointment of Interim City Attorney Jason Eley Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Council Agenda Memo From: Mayor Jay Vavricek Meeting: December 21, 2010 Subject: Interim City Attorney Mayoral Recommendation Item #’s: I-4 Presenter(s): Mayor Jay Vavricek Background State Statute and Grand Island City Code specifies the need to designate a City Attorney to carry out the duties and responsibilities of the legal department for the City of Grand Island. City Attorney Dale Shotkoski has accepted a position to serve as the future City Attorney of Fremont, Nebraska and has submitted his resignation to the City of Grand Island to be effective January 14, 2011. Therefore a need to designate an Interim City Attorney is necessary. Future recommendations will be tendered to the City Council as how to best address the effectiveness and responsibilities of the City’s legal department going forward. Therefore a recommendation to serve in this capacity is in order to fill this interim time period effective January 17, 2010. Discussion The recommendation to serve as Interim City Attorney has been determined to be Grand Island Assistant City Attorney Jason Eley. Mr. Eley graduated college from the University of Vermont at Burlington with a Bachelors of Science degree in Natural Resources and received his Juris Doctorate from Vermont Law School in South Royalton, Vermont. Prior to his employment within the City of Grand Island, Mr. Eley worked as a prosecuting attorney for the State of New Mexico, worked as an Associate Attorney for the Law Offices of James R. McDonald in Gunnison, Colorado and has experience in civil and criminal case work and practiced Family and Construction law. He is a member in good standing of the bar in Colorado, New Mexico, Vermont and Nebraska. While currently serving as Assistant City Attorney, Jason is best suited to continue to direct the needs of the legal department once Mr. Shotkoski’s resignation is effective. He will have the ability to better tend to the city’s most urgent needs and carry out legal responsibilities as Interim City Attorney. My recommendation for all concerned and recognizing the demands of the job while taking on increased responsibility should reflect compensation that creates an incentive for the highest measure of employee performance and recognizing the difficulty change creates. As an interim, a promotional compensation for Mr. Eley’s salary will reflect an increase pursuant to the City Personnel Rules and Regulations. Mr. Eley will be placed in step one of the City Attorney pay scale. Mr. Eley is currently in step three of the Attorney pay scale which is $63, 308.75. Step one of the City Attorney pay scale is $77,438.40. While serving as Interim City Attorney Mr. Eley will wear both hats in the Legal Department as he continues to handle the daily prosecutorial duties and procurement, as well as the duties associated with the director’s role. There is no negative impact on the budget during this interim period. I am confident this recommendation is in the best interests of the effectiveness of the department; meet the qualifications necessary under State Statute and Grand Island City Code and as Interim City Attorney best serves the people of Grand Island. 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 Jason Eley as Interim City Attorney. Sample Motion Move to approve Jason Eley as interim City Attorney. Approved as to Form ¤ ___________ December 17, 2010 ¤ City Attorney R E S O L U T I O N 2010-373 WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Attorney for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of City Attorney; and WHEREAS, the position will become vacant and an interim appointment may be made; and WHEREAS, the Mayor has recommended the appointment of Jason Eley as the Interim City Attorney effective January 17, 2010 until such time as another appointment is made: and WHEREAS, Mr. Eley will be compensated at step one of the City Attorney pay scale during the interim in compliance with the City Personnel Rules. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Jason Eley is hereby duly appointed the Interim City Attorney for the City of Grand Island, Nebraska, - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2010. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of December 8, 2010 through December 21, 2010 The Claims for the period of December 8, 2010 through December 21, 2010 for a total amount of $3,985,046.55. A MOTION is in order. Tuesday, December 21, 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 December 8, 2010 through December 21, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of December 8, 2010 through December 21, 2010 for the following requisition. #32 $111,808.98 A MOTION is in order. Tuesday, December 21, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council