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06-28-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 28, 2011 Council Session Packet City Council:Mayor: Jay Vavricek 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 - Pastor Rene Lopez, Iglesia de Dios, 2325 West State Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Lonnie Wilsey, Sr. Materials Handler in the Utilities Department for 35 Years of Service with the City of Grand Island The Mayor and City Council will recognize Lonnie Wilsey, Sr. Materials Handler with the Utilities Department for 35 years of service with the City of Grand Island. Mr. Wilsey was hired on June 17, 1976 as a Utilities Worker 1; was promoted to Power Plant Operator 1 on July 17, 1977; Maintenance Operator on November 19, 1979; Materials Handler on April 19, 1982; Materials Handler Leadsman on January 20, 1986; and to his current position of Sr. Materials Handler on March 5, 1993. We congratulate Mr. Wilsey for his dedication and service to the City of Grand Island. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request from MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 for a Class "C" Liquor License Tuesday, June 28, 2011 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: June 28, 2011 Subject: Public Hearing on Request from MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request for Liquor Manager designation from Tim McMullen, 819 West 12th Street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 for a Class “C” Liquor License contingent upon final inspections and Liquor Manager designation for Tim McMullen, 819 West 12th Street contingent upon Mr. McMullen completing a state approved alcohol server/seller training program. 06/23/11 Grand Island Police Department 450 13:01 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 10:09:50 06/14/2011 Occurred before : 10:09:50 06/14/2011 When reported : 10:09:50 06/14/2011 Date disposition declared : 06/14/2011 Incident number : L11062284 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1016 Diers Ave N State abbreviation : NE ZIP Code : 68803 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 : 6374 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 2902 06/21/11 McMullen, Timothy L Owner NM 121158 06/21/11 Bandits, Business NM 167258 06/21/11 Javorsky, Troy M Owner LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for Bandits and a Copy of a Liquor Manager Application from Timothy McMullen. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 06/23/11 Grand Island Police Department 450 13:01 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:04:08 06/21/2011 06/23/11 Grand Island Police Department 450 13:01 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Tue Jun 21 10:04:24 CDT 2011 Reporting Officer: Vitera Unit- CID I received a copy of a corporate Class C (beer,wine,distilled spirits on & off sale) liquor license application from Timothy McMullen and Troy Javorsky for Bandits. They are in the process of buying the business from Andrew Meier. They did not file for a Temporary Operating Permit. They want to keep running the business as a sports bar. According to the application, Timothy has lived in Grand Island since 1993. Troy Javorsky has lived in Nebraska since at least 2001. Timothy and Troy are the only two people listed on the application. Timothy also filled out an application to be the manager. A question on the liquor license application asks if anyone involved has ever been convicted of anything. Timothy disclosed a DUI conviction in 2001 and a second DUI conviction in 2004. Troy disclosed a felony theft conviction in 1986 and a DUI conviction in 1992. A court order dated 6/3/11 to set aside Troy's felony theft conviction was attached to the application. I checked Timothy and Troy through Spillman and NCJIS. I located Timothy in Spillman but did not see anything that would indicate he failed to disclose any convictions. I did not find a Spillman entry for Troy. The NCJIS check revealed that Timothy failed to disclose a conviction for not having a valid registration in 1999. Troy has an undisclosed speeding conviction from 2008. I found Troy on Facebook, but he didn't have anything posted that I could see without being a friend except who his friends are. There are too many Timothy McMullen's on Facebook to positively identify the one involved in this application. I searched for Timothy and Troy through Entersect and didn't find anything of interest other than Troy may have lived in San Diego, CA and also Bellevue, NE during a timeframe he listed an address in Kearney or Johnson Lake on the application. On 6/22/11, I spoke to Timothy "Tim" McMullen at Bandit's. Tim said he has known Troy since they were in high school together at G.I.S.H. Tim advised that he recently spoke to Troy about the felony theft conviction. Tim was told that it was something stupid Troy did when he was in high school, and he didn't remember that the conviction was a felony. Tim said he was aware of the theft when he was in high school, he just asked Troy for more details since the theft showed up as a felony on Troy's background check, and the felony conviction wouldn't allow them to get a license. Tim said that Troy is mostly just a financial partner. I also asked Tim what he knew about where Troy has lived over the years. Tim was pretty sure that Troy did live in the Omaha area and San Diego for awhile but wasn't sure how long ago Troy may have lived in San Diego. After discussing Troy, I asked Tim how he met Andrew Meier. Tim said he met Andrew through the bar business. Tim has not only worked for Andrew at Bandit's, he has also worked at Balz and Fonner Keno. Tim doesn't plan on any immediate changes to Bandit's. He said it is doing well now, and he doesn't want to ruin that. However, small changes he is 06/23/11 Grand Island Police Department 450 13:01 LAW INCIDENT TABLE Page: 4 contemplating are mostly food related. He said he will continue to offer a free cab service to anyone who needs a ride home from Bandit's after drinking. He would someday consider a type of shuttle service as well. On 6/22/11, I called Troy Javorsky and spoke with him over the phone. Troy confirmed that he has known Tim since high school. Troy also echoed what Tim said that he is mostly just a financial partner. Troy plans on continuing to live at Johnson Lake and work in Lexington. He said he might stop by Bandit's once a month or so to check on the business. I asked Troy about living in some other places that he didn't list on the application over the last ten years. Troy advised that he lived in Bellevue for awhile. He was working for Hamilton Chevrolet at the time and was transferred to Beardmore in Bellevue (family ties). He only lived in Bellevue for a short time, and just forgot to list it on the application. He also lived in San Diego, but that was just over ten years ago. He spoke about his felony theft conviction twenty-five years ago. He said it was a stupid high school kid thing. He thought it was convicted of a misdemeanor. The records check surprised him. Troy told me to call him anytime if I need anything further. In summary, Tim and Troy each only had one minor traffic-related conviction that they failed to disclose. Tim has worked in the bar business for several years and isn't planning on making any radical changes to Bandit's. Other than a few minor omissions, nothing was out of the ordinary on the application. After meeting with Tim and speaking to Troy, the GIPD has no objection to their liquor license for Bandit's or to Tim being the liquor manager. I I I I D I BI D B CC I A IC Webb Rd NDiers Ave N13th St W Allen DrUS Highway 281 NFaidley Ave WWindridge AveRidgewood AveWeis DrCedar Ridge CtFrostfire Ave Starwood Ave Arlington Cir Deerwood Ave Richmond Cir Concord Ave Sunwood Ave US Highway 281 Nµ Liquor Application1016 Diers Ave. Suite 118 Legend Liquor License Locations 1016 Diers Ave Item E2 Public Hearing on Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License Tuesday, June 28, 2011 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: June 28, 2011 Subject: Public Hearing on Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class “I” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request for Liquor Manager designation from Tu Gen Yang, 3720 State Street, Apt. 3. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class “I” Liquor License contingent upon final inspections and Liq uor Manager designation for Tu Gen Yang, 3720 State Street, Apt. 3 contingent upon Mr. Yang completing a state approved alcohol server/seller training program. 06/22/11 Grand Island Police Department 450 15:10 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:03:42 06/01/2011 Occurred before : 14:03:42 06/01/2011 When reported : 14:03:42 06/01/2011 Date disposition declared : 06/01/2011 Incident number : L11060159 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1004 Diers Ave N; Suite 200 State abbreviation : NE ZIP Code : 68803 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 : Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 167270 06/21/11 Huang, Qi Manager NM 167271 06/21/11 Yang, Huie Manager NM 165488 06/20/11 Fuji Steak House, Business NM 167218 06/20/11 Yang, Tu Gen Owner NM 167220 06/20/11 Jiang, Yi Shen Tu Gen's Wife LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for Fuji Steak House and a Copy of a Liquor Manager Application from Tu Gen Yang. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 06/22/11 Grand Island Police Department 450 15:10 LAW INCIDENT TABLE Page: 2 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 13:29:07 06/20/2011 06/22/11 Grand Island Police Department 450 15:10 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Mon Jun 20 13:29:19 CDT 2011 Reporting Officer: Vitera Unit- CID I received a copy of a corporate liquor license application from Tu Gen Yang for the Fuji Japanese Steak House and a copy of a liquor manager application from Tu Gen Yang. The request is for a Class I License which would allow him to sell beer, wine, and distilled spirits on sale only. The only other person on the applications is Yi Zhen Jiang. Yi Zhen signed a Spousal Affidavit of Non Participation form. According to ICE, Tu Gen is a Naturalized U.S. Citizen, and Yi Zhen is a lawful permanent resident alien from China. According to the application, Tu Gen and Yi Zhen just moved to Grand Island in 2011. Before that, they lived in Searcy, Arkansas; Monroe, North Carolina; and Wood Side, New York. The "No" box was checked on the question on the application where it asks if they have been convicted of anything. I searched Spillman and NCJIS for Tu Gen and Yi Zhen. Neither one of them had an entry in Spillman. Tu Gen has a driver's license listed in NCJIS. Yi Zhen has no entry in NCJIS. I tried to do a Google search on them with no success. I also ran them through a paid police database called Entersect and could not find anything on them. I attempted to contact law enforcement in Searcy, Arkansas and Monroe, North Carolina. The Monroe North Carolina Police Department advised that they have not had any contact with Tu Gen or Yi Zhen. I left a message for the sheriff's department there, and they advised they have no documented contacts with the applicants. I faxed an information request to the Searcy Police Department and received information back stating that they had no record of contact with Tu Gen or Yi Zhen. I did not try to contact law enforcement in Wood Side, New York. It appears that Wood Side is in the Queens Borough of New York City. On 6/21/11, I went to the Fuji Japanese Steak House looking for Tu Gen. I was told he was in Lincoln. I spoke to Huie Yang who goes by the name of "Michelle." I also met with Qi Huang who goes by "Jason." Michelle said that Tu Gen doesn't speak English, and she translates for him. Michelle advised that there are eight Fuji Steak Houses in the United States. She said they are located in New York, Arkansas, and Illinois. Michelle's husband owns a Fuji Steak House in Arkansas. Tu Gen worked for him and decided to open the restaurant in Grand Island. Michelle is in Grand Island until the middle of July helping Tu Gen with the restaurant. Michelle is also training Jason to take her place. The restaurant will be open until either 9, 9:30, or 10:00 PM depending on the day of the week. Michelle advised that Tu Gen came to the United States from China about twenty years ago. He lived in New York, North Carolina, and Arkansas. As far as she knows, Tu Gen has not been in trouble with the law. Since I am unable to run criminal history checks outside of the State of Nebraska on liquor license investigations, and attempting a records check through New York City is a monumental task, we will have to rely on the records check through fingerprint submissions to the state. Barring any unforeseen criminal history, the GIPD has no objection to the Fuji Japanese Steak House 06/22/11 Grand Island Police Department 450 15:10 LAW INCIDENT TABLE Page: 4 having a liquor license or to Tu Gen Yang being the liquor manager. I I I I D I BI D B C C I A IC Diers Ave N13th St W Allen DrUS Highway 281 NFaidley Ave WWindridge AveRidgewood AveWeis DrCedar Ridge CtFrostfire Ave Starwood Ave Deerwood Ave Richmond Cir Concord Ave Sunwood Ave US Highway 281 Nµ New Liquor Application1004 N. Diers Ave Ste 200 Legend Liquor License Locations 1004 N Diers Ave Item E3 Public Hearing on Request from Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street Unit #4 for a Class "C" Liquor License Tuesday, June 28, 2011 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: June 28, 2011 Subject: Public Hearing on Request from Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street, Unit #4 for a Class “C” Liquor License Item #’s: E-3 & I-3 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street, Unit #4 has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquo r Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street, Unit #4 for a Class “C” Liquor License contingent upon final inspections and Mr. Gutierrez completing a state approved alcohol server/seller training program. 06/22/11 Grand Island Police Department 450 15:03 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:14:48 06/07/2011 Occurred before : 14:14:48 06/07/2011 When reported : 14:14:48 06/07/2011 Date disposition declared : 06/07/2011 Incident number : L11061306 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 645 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 : 18541 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 122100 06/17/11 Gutierrez, Maria Gerardo's Wife NM 128063 06/17/11 Gutierrez, Gerardo Owner NM 167162 06/17/11 Tacos Las Palmas, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for Tacos Las Palmas. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 06/22/11 Grand Island Police Department 450 15:03 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 13:40:49 06/17/2011 06/22/11 Grand Island Police Department 450 15:03 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Fri Jun 17 13:41:01 CDT 2011 Reporting Officer: Vitera Unit- CID I received a copy of an Individual liquor license application from Gerardo Gutierrez for Tacos Las Palmas. He is requesting a Class C license which allows beer, wine, and distilled spirits on and off sale. His wife, Maria Gutierrez is the only other person listed on the application. The Gutierrez's have lived in Grand Island for about six years. Before that, they lived in Moreno Valley, California for at least four years. They are Naturalized U.S. Citizens. On the part of the application that asks if the applicants have any convictions, the "No" box was checked. I checked Spillman and NCJIS on each of them. They have entries in Spillman but nothing that would indicate any convictions. I located them in NCJIS as well. They didn't have any convictions. The only possible discrepancy I could find on the application involves an address. In February of 2007, Gerardo was stopped by the Nebraska State Patrol. He was given a warning. Gerardo's home address was listed as 200 E. 11th St. in Cozad, Nebraska. According to the application, Gerardo and Maria lived in Grand Island in 2007. I also attempted to do a Google search on Gerardo, but there were too many possibilities to narrow down. I checked Gerardo and Maria through Entersect and didn't find much other than the possibility of a bankruptcy. On 6/21/11, I spoke to Gerardo at Tacos Las Palmas. Gerardo said he has been a hard working man all of his life who has never been in jail. He moved to the United States from Mexico at age eighteen. He lived in Southern California until he moved to Nebraska. He lived in Cozad for about three months and has been in Grand Island ever since. I asked Gerardo if he had ever filed for bankruptcy. He said that he has not. Gerardo also advised that he is not looking to change his business plan and become a bar or nightclub. He just wants to offer his customers more options. I told Gerardo that I was a little concerned about him having a liquor license if his son is involved due to some problems his son has had with the law. Gerardo advised that his son got out of prison about a year ago and has been staying out of trouble and living with him. His son helps a little bit with the business. When Gerardo closes the restaurant on Friday and Saturday nights, he opens his mobile "taco wagon." His wife and son help run the taco wagon. Gerardo said that if he has problems because of a liquor license, he will go back to a restaurant with no alcohol. In summary, Gerardo and Maria have lived in Grand Island for about six years. While they have a son who has gotten into some trouble with the law, they have not. If they don't have any criminal records in California that would exclude them from having a liquor license, the GIPD does not object to Tacos Las Palmas having a liquor license. 06/22/11 Grand Island Police Department 450 15:03 LAW INCIDENT TABLE Page: 4 C C C C BC Locust St SE d d y St S El m St S Oak St SClark St S Cle b urn S t S South St E C e d ar St S John St W Anna St W Pine St SBismark Rd ELouise St W Koenig St E Koenig St W Dodge StCharles St W Waln ut St SDivision St W Ashton Ave E Oklahoma Ave E G re e n wic h St S Phoenix Ave W1st St W Sycamore St SOklahom a Ave W Charles St E Kimball Ave SDelaware Ave E Claussen AveLin c oln A v e S Phoenix Ave E Anderson Ave W Sunset Ave E Elm St N Schuff St South St W Ashton Ave W Sycamore St SOak St SSouth St W Sycamore St SPine St SKoenig St E Kimball Ave SOak St SPine St SDelaware Ave E Phoenix Ave E µ New Liquor Application645 S. Locust St. Unit #4 Legend Liquor License Locations 645 S Locust St Unit 4 Item E4 Public Hearing Concerning Acquisition of Utility Easement - Northwest Corner of 611 Willow Street (Willow & 7th Streets) - Eihusen Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: June 28, 2011 Subject: Acquisition of Utility Easement – Northwest Corner of 611 Willow Street - Eihusen Item #’s: E- 4 &G-3 Presenter(s): Timothy Luchsinger, 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 Robert G. Eihusen, located at the northwest corner of 611 Willow Street (Willow & 7th Streets), 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 provide a location for new underground conduit, cable and a pad-mounted transformer to provide electrical service to the remodeled building at 611 Willow Street. 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 E5 Public Hearing Concerning Acquisition of Utility Easement - West of Blaine Street, South of Schimmer Drive - GI Economic Development Corp (Wildwood Trust) Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director John Collins, Public Works Director Jason Eley, Assistant City Attorney/Purchasing Meeting: June 28, 2011 Subject: Acquisition of Utility Easement – West of Blaine Street, and South of Schimmer Drive to River Industrial Lead Railroad R-O-W – Grand Island Area Economic Development Corp. – Wildwood Trust Item #’s: E-5 & G-4 Presenter(s): Timothy Luchsinger, 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 Platte Valley State Bank and Trust Company, as Trustee of the Wildwood Trust, located just west of Blaine Street, and south of Schimmer Drive to River Industrial Lead Railroad right-of-way, 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 provide a location for water and sewer lines to the proposed Platte Valley Industrial Park East. The cost of the easement will be split equally between Water and Sewer Departments. This project was approved by City Council Resolution 2010-292, on October 26, 2010. 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 Thirty-six Thousand Nine Hundred Eighty-five Dollars ($36,985.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E6 Public Hearing Concerning Acquisition of Utility Easement - North of Wildwood Drive, East of Blaine Street - Hartman Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: June 28, 2011 Subject: Acquisition of Utility Easement – Just North of Wildwood Drive and East of Blaine Street - Hartman Item #’s: E-6 & G-5 Presenter(s): Timothy Luchsinger, 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 Thomas and Carlotta Hartman, located just north of Wildwood Drive, and east of Blaine Street, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair water mains. Discussion This easement will be used to provide a termination point for the water main to be installed in Wildwood Drive as part of the Platte Valley Industrial Park East project. 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 E7 Public Hearing Concerning Acquisition of Utility Easement - North of Wildwood Drive, East of the St. Joseph Branch UPRR track - Blattner Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director John Collins, Public Works Director Jason Eley, Assistant City Attorney/Purchasing Meeting: June 28, 2011 Subject: Acquisition of Utility Easement – North of Wildwood Drive and East of the St. Joseph Branch UPRR Track – Evelyn Blattner Item #’s: E-7 & G-6 Presenter(s): Timothy Luchsinger, 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 Evelyn Blattner, located just north of Wildwood Drive, and east of the St. Joseph Branch UPRR Track, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair water and sewer lines. Discussion This easement will be used to provide a location for water and sewer lines to the proposed Platte Valley Industrial Park East. The cost of the easement will be split equally between Water and Sewer Departments. This project was approved by City Council Resolution 2010-292, on October 26, 2010. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for Eight Thousand One Hundred Twenty-five Dollars ($8,125.00). Sample Motion Move to approve acquisition of the Utility Easement. Item G1 Approving Minutes of June 14, 2011 City Council Regular Meeting Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 14, 2011 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on June 14, 2011. Notice of the meeting was given in The Grand Island Independent on June 9, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Larry Carney, Chuck Haase, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, and Randy Gard. Councilmember’s Bob Niemann and John Gericke were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, and Public Works Director John Collins. INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Center, 3409 West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Reyna Raymundo and Juan Palma. The Mayor commented on the decorum of the meeting and items of conflict of interest which he would recuse himself of. City Administrator Mary Lou Brown updated the Council on the potential sanitary sewer extension along Highway 281. Meetings were being held regularly with a possible creation of a Sanitary Sewer Improvement District. A consultant had been hired to help with the process. Mentioned was the flooding issue on the Platte River which had been mentioned at the last meeting. Ms. Brown stated the threat had declined. PUBLIC HEARINGS: Public Hearing on Request from Elsy Ruth Ramos dba LA Night Club & Restaurant, 115 West 3rd Street for a Class “IB” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “IB” Liquor License had been received from Elsy Ruth Ramos dba LA Night Club & Restaurant, 115 West 3rd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 16, 2011; notice to the general public of date, time, and place of hearing published on June 4, 2011; notice to the applicant of date, time, and place of hearing mailed on May 16, 2011; along with Chapter 4 of the City Code. Staff recommended denial based on the Police Department report of Angel Ramos, spouse of Elsy Ramos involvement in the business and not a U.S. citizen. No public testimony was heard. Public Hearing on Request from LaMexicana, Inc. dba Rafa’s Tacos, 811 West 2nd Street for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from LaMexicana, Inc. dba Rafa’s Tacos, 811 West 2nd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 19, 2011; notice to the general public of Page 2, City Council Regular Meeting, June 14, 2011 date, time, and place of hearing published on June 4, 2011; notice to the applicant of date, time, and place of hearing mailed on May 19, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Mark Porto, attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Request from Paloma Huerta Nevarez dba El Diamante, 1600 South Eddy Street for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from Paloma Huerta Nevarez dba El Diamante, 1600 South Eddy Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 19, 2011; notice to the general public of date, time, and place of hearing published on June 4, 2011; notice to the applicant of date, time, and place of hearing mailed on May 19, 2011; along with Chapter 4 of the City Code. Staff recommended denial based on the Police Department report of false information on the application. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located West of South Blaine Street, 1/4 Mile North of Schimmer Drive (Cara J. Glade). Mayor Vavricek recused himself due to conflict of interest. Council President Peg Gilbert conducted the meeting. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located west of South Blaine Street, 1/4 mile north of Schimmer Drive was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose of installing three phase underground conduit, cable, and two pad-mounted transformer to provide electrical service to an office and scales and pumping equipment for a sand and gravel operation. Staff recommended approval. No public testimony was heard. Mayor Vavricek returned to conduct the meeting. Public Hearing on Acquisition of Utility Easement Located West of South Blaine Street, 3/4 Mile South of Wildwood Drive (Elsie & James Lilienthal). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located west of South Blaine Street, 3/4 mile south of Wildwood Drive was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose of installing three phase underground conduit, cable, and a pad-mounted transformer to provide electrical service to an irrigation well, new shop and remodeled home. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1839 and 1919 East 4th Street (Tommy Ummel Sr. and Tommy Ummel, Jr.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1839 and 1919 East 4th Street was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose of providing electrical conduit, cable, and a pad-mounted transformer for a new building. Staff recommended approval. No public testimony was heard. Public Hearing on Amendments to Chapter 36-71(B) of the Grand Island City Code Relative to Commercial RV Storage in the ME Zone by Conditional Use Permit. Regional Planning Director Chad Nabity reported that Charles Staab of Rich and Sons RV proposed changes to Chapter 36- 71(B) of the Grand Island City Code. Requested was to add Commercial RV Storage to the list Page 3, City Council Regular Meeting, June 14, 2011 of conditional uses shown in section 36-71 (B). Staff recommended approval. No public testimony was heard. Public Hearing on Request to Rezone Properties Located North of Fairacres Lane, East of Shady Bend Road from R1 – Residential to M1 – Light Manufacturing. Regional Planning Director Chad Nabity reported that this change included the old Fair Acres Dairy, the storage buildings east of there and an existing contractor’s yard eat of the Dairy. Staff recommended approval. Gary Wieck, 555 Stagecoach Road, Manager of Orphan Grain was present to answer questions. No further public testimony was heard. Public Hearing on Application for Edward Byrne Memorial Justice Assistance Grant (JAG) 2011. Steve Lamken, Police Chief reported that Grand Island Police Department and Hall County Sheriff’s Department were eligible to receive Justice Assistance Grant money in the amount of $25,201.00 and $8,400.00 respectively. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9295 – Consideration of Amendments to Chapter 36-71(B) of the Grand Island City Code Relative to Commercial RV Storage in the ME Zone by Conditional Use Permit #9296 – Consideration of Request to Rezone Properties Located North of Fairacres Lane, East of Shady Bend Road from R1 – Residential to M1 – Light Manufacturing #9297 – Consideration of Vacation of Lot 21, Block 1 of Fairway Crossings at Indianhead Golf Club First Subdivision #9298 – Consideration of Amendments to Chapter 27-7 of the Grand Island City Code Relative to Procurement Code be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinances #9295 and #9296 related to the aforementioned Public Hearings. Motion by Gilbert, second by Dugan to approve Ordinances #9295 and #9296. City Clerk: Ordinances #9295 and #9296 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9295 and #9296 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, June 14, 2011 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9295 and #9296 are declared to be lawfully adopted upon publication as required by law. Mayor Vavricek recused himself due to conflict of interest. Council President Peg Gilbert conducted the meeting. #9297 – Consideration of Vacation of Lot 21, Block 1 of Fairway Crossings at Indianhead Golf Club First Subdivision Planning Director Chad Nabity reported Ordinance #9297 was a request from Jack Henry to vacate Lo t 21, Block 1 of Fairway Crossings at Indianhead Golf Club First Subdivision in order to connect to water. Motion by Ramsey, second by Carney to approve Ordinance #9297. City Clerk: Ordinance #9297 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9297 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Council President Gilbert: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9297 is declared to be lawfully adopted upon publication as required by law. Mayor Vavricek returned to conduct the meeting. #9298 – Consideration of Amendments to Chapter 27-7 of the Grand Island City Code Relative to Procurement Code Interim City Attorney Jason Eley reported Ordinance #9298 was a housekeeping item to correct the City Code Chapter 27-7. Motion by Carney, second by Gard to approve Ordinance #9298. City Clerk: Ordinance #9298 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9298 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Council President Gilbert: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9298 is declared to be lawfully adopted upon publication as required by law. Page 5, City Council Regular Meeting, June 14, 2011 CONSENT AGENDA: Consent Agenda item G-7 was removed for further discussion. Motion by Ramsey, second by Carney to approve the Consent Agenda excluding item G-7. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 24, 2011 City Council Regular Meeting. Approving Minutes of June 7, 2011 City Council Study Session. Approving Re-Appointments of Lisa Crumrine and Steven Beck to the Community Development Advisory Board. Approving Appointment of Councilmember Peg Gilbert as Council Liaison to the Heartland Events Center Board. Approving Liquor Manager Designation for Jared Edwards, 2203 Woodrid ge Place for Sam’s Club #6461. 1510 Diers Avenue. #2011-131 – Approving Final Plat and Subdivision Agreement for Platte Valley Industrial Park 7th Subdivision. It was noted that BM & M, LLC, owners had submitted the Final Plat and Subdivision Agreement for Platte Valley Industrial Park Subdivision for the purpose of creating 2 lots on a tract of land comprising all of Lot 11, Platte Valley Industrial Park Third Subdivision containing 6.873 acres. #2011-133 – Approving Acquisition of Utility Easement Located West of South Blaine Street, 3/4 Mile South of Wildwood Drive (Elsie & James Lilienthal). #2011-134 – approving Acquisition of Utility Easements Located at 1839 and 1919 East 4th Street (Tommy Ummel, Sr. and Tommy Ummel, Jr.) #2011-135 – Approving Pipeline Crossing Agreements with Union Pacific Railroad for Water Main Project 2011-W-3 at Broadwell Avenue ($2,000) and Vine Street ($2,800). #2011-136 – Approving Pipeline Crossing Agreement with the Union Pacific Railroad for Water Main District 458T – Blaine Street, Schimmer to Wildwood Drive to Gold Core Road in an Amount of $2,000. #2011-137 – Approving Tim Luchsinger as Representative and Travis Burdett as Alternate Representative to the Municipal Energy Agency of Nebraska Management Committee. #2011-138 – Approving Certificate of Final Completion for Installation of Ball Field Lighting at the Veterans Athletic Field Complex with Ensley Electrical Services, Inc. from Grand Island, Nebraska. #2011-139 – Approving Certificate of Final Completion for Installation of the Synthetic Court Flooring at the Fieldhouse with Midwest Floor Covering, Inc. from Lincoln, Nebraska. #2011-140 – Approving Application for Edward Byrne Memorial Justice Assistance Grant (JAG) 2011. Page 6, City Council Regular Meeting, June 14, 2011 #2011-141 – Approving Award of Proposal for Consulting Services for Geospatial Data Collection of Grand Island’s Public Stormwater Conveyance System with JEO Consulting Services, Inc. of Lincoln, Nebraska in an Amount of $22,500.00. Mayor Vavricek recused himself due to conflict of interest. Council President Peg Gilbert conducted the meeting. #2011-132 – Approving Acquisition of Utility Easement Located West of South Blaine Street, 1/4 Mile North of Schimmer Drive (Cara J. Glade). Motion by Donaldson, second by Nickerson to approve Resolution #2011-132. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek returned to conduct the meeting. RESOLUTIONS: #2011-142 – Consideration of Request from Elsy Ruth Ramos dba LA Night Club & Restaurant, 115 West 3rd Street for a Class “IB” Liquor License. This item related to the aforementioned Public Hearing. Motion by Dugan, second by Donaldson to deny Resolution #2011-142 based on the Police Department report of Angel Ramos, spouse of Elsy Ramos involvement in the business and not a U.S. citizen.. Upon roll call vote, all voted aye. Motion adopted. #2011-143 – Consideration of Request from LaMexicana, Inc. dba Rafa’s Tacos, 811 West 2nd Street for a Class “I” Liquor License and Liquor Manager Designation for Maria Ocegueda, 504 North Elm Street. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Gard to approve Resolution #2011-143 contingent upon final inspections and completion of a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2011-144 – Consideration of Request from Paloma Huerta Nevarez dba El Diamante, 1600 South Eddy Street for a Class “I” Liquor License. This item related to the aforementioned Public Hearing. Motion by Gilbert, second by Dugan to deny Resolution #2011-144 based on the Police Department report of false application. Upon roll call vote, all voted aye. Motion adopted. #2011-145 – Consideration of Approving Appointment of City Attorney Robert Sivick. Mayor Vavricek recommended the appointment of Robert Sivick as City Attorney until the end of the Mayor’s term of office. The following people spoke: · Larry Tourangeaou, 1927 Union, St. Joseph, MO - opposed · Guillermo Pena, 311 East 3rd Street, Apt. 18 – opposed · Marion Bahensky, 1021 6th Street, St. Paul, NE – support Page 7, City Council Regular Meeting, June 14, 2011 · Larry Seifert, 1211 4th Avenue, Dannebrog, NE – support · Mena Sprague, 844 20th Avenue, St. Paul, NE – support Discussion was held regarding what brought Mr. Sivick to Grand Island. City Administrator Mary Lou Brown stated he indicated this job was not a stepping stone to further his career. Mr. Sivick stated he had spent time in Central Nebraska and liked the area. He answered questions concerning pursuing active employment and that he had two job offers out-of-state. He was impressed with the City and its employees. He commented on his background as a lobbyist and explained the disciplinary action against him by the Nebraska Supreme Court. Motion by Gilbert, second by Ramsey to approve Resolution #2011-145. Upon roll call vote, Councilmember’s Ramsey, Gilbert, Nickerson, Donaldson, and Gard voted aye. Councilmember’s Haase, Carney, and Dugan voted no. Mayor Vavricek cast the sixth and deciding vote to approve Resolution #2011-145. Motion adopted. #2011-146 – Cons ideration of First Amendment to Display Agreement with the Central Nebraska Humane Society. City Administrator Mary Lou Brown reported that there was an outstanding debt of $28,704.47 from the Humane Society for an annual light display at Stolley Park. It was recommended that the plan be amended to allow for $100 annually staring in 2011 until 2013; and $10,000 annual payments beginning in 2014 until the City is paid in full. Comments were made concerning the City being a lender to private entities and hope it doesn’t happen again. Motion by Gilbert, second by Gard to approve Resolution #2011-146. Upon roll call vote, Councilmember’s Carney, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye. Councilmember Haase voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of May 25, 2011 through June 14, 2011, for a total amount of $5,792,447.66. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to Executive Session at 8:14 p.m. for the purpose of union negotiation updates for the protection of the public interest. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Haase, second by Carney to return to Regular Session at 9:24 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:24 p.m. RaNae Edwards City Clerk Item G2 Approving Liquor Manager Designation for Hector Hernandez, 610 West 6th Street for Zona Rosa Nightclub, 611 East 4th Street Tuesday, June 28, 2011 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: June 28, 2011 Subject: Request from Hector Hernandez, 610 West 6th Street for Liquor Manager Designation for Zona Rosa Nightclub, 611 East 4th Street Item #’s: G-2 Presenter(s): RaNae Edwards, City Clerk Background Hector Hernandez, 610 West 6th Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-79070” Liquor License for Zona Rosa Nightclub, 611 East 4th 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 Hector Hernandez, 610 West 6th Street for Liquor Manager Designation in conjunction with the Class “C-79070” Liquor License for Zona Rosa Nightclub, 611 East 4th Street with the stipulation that Mr. Hernandez complete a state approved alcohol server/seller training program. 06/17/11 Grand Island Police Department 450 15:25 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 11:19:05 06/03/2011 Occurred before : 11:19:05 06/03/2011 When reported : 11:19:05 06/03/2011 Date disposition declared : 06/03/2011 Incident number : L11060536 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 611 4th St E 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 : Geobase address ID : 10513 Long-term call ID : Clearance Code : O Open Case Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 76516 06/17/11 Espinozo-Nieto, Ingris Y Mentioned NM 72588 06/16/11 Rodriguez, Delmi A Involved NM 81222 06/16/11 Velasquez-Nieto, Maria D Mentioned NM 157396 06/16/11 Medina-Martinez, Donato M Maria's Ex NM 76029 06/10/11 Hernandez, Hector M Liquor Manager NM 76517 06/10/11 Nieto-Velasquez, Maria E Hector's Wife NM 141536 06/10/11 La Zona Rosa Night CLub, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Application from Hector Hernandez from La Zona Rosa. 06/17/11 Grand Island Police Department 450 15:25 LAW INCIDENT TABLE Page: 2 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 15:29:22 06/10/2011 06/17/11 Grand Island Police Department 450 15:25 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Fri Jun 10 15:29:35 CDT 2011 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Hector Hernandez for La Zona Rosa. According to the application, Hector and his wife Maria Nieto-Velasquez have lived in Grand Island since at least 2000. Hector stated that he has worked for Swift since 1995. Hector was born in El Salvador, and Maria was born in Honduras. Hector provided a copy of his United States of America Certificate of Naturalization. Maria signed a spousal affidavit of non-participation. The "No" box was checked for the question that asks if either of them have ever been convicted of anything. I checked Hector and Maria through Spillman and NCJIS. I found each one of them in Spillman. Hector has a stop sign violation, and Maria has an entry as being at least a suspect for theft by shoplifting, intimidation for phone call, and child abuse. Hector's NCJIS information confirmed the conviction for the stop sign violation. It also revealed that he has convictions for driving during suspension (DDS), traffic signal violation, and hunting or fishing without a permit. Maria's NCJIS information confirmed the shoplifting conviction. Since this is a manager application, Maria's citizenship status is not relevant. In addition, she signed a spousal affidavit of non-participation. However, Hector and Maria each failed to list any of their convictions which technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). The undisclosed convictions would fall under state law or local ordinance. Either way, the convictions are either an infraction or a misdemeanor that do not rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically disqualify Hector from being a liquor manager. On 6/15/11, I went to 610 W. 6th to speak to Hector. I was greeted outside by two very friendly and polite children who advised that Hector was working, and Maria was out of town. I gave my business card to an adult who was at the home supervising the children. I received a call later in the afternoon from Maria advising that Hector was home. I went back to their house and spoke with them. Delmi Rodriguez who is the owner of La Zona Rosa was also there. I asked Hector how he knows Delmi. Maria answered and said that Delmi is Maria's daughter's godmother. I went on to ask Maria some questions about her family. Maria said the two children in the home are her's, but Hector is not their biological father. Maria said she just married Hector on 9/4/09. Hector said he moved to the United States in 1978 where he lived in New York until 1994 and then moved to Grand Island. Maria said she moved to the United States in 1992 and lived in Hollywood, California. In 1995, she moved to St. Paul, Minnesota for about three months and then moved to Grand Island. I asked Hector and Maria why they didn't disclose any convictions on the application. Maria said she has never been in trouble, and she doesn't want anything to do with the bar. I asked Maria about her shoplifting conviction, 06/17/11 Grand Island Police Department 450 15:25 LAW INCIDENT TABLE Page: 4 and she denied it. She offered the explanation that I was probably getting her mixed up with her sister. Maria has a sister who is five years younger but has exactly the same name with the exception of their middle names. Hector's wife is Maria E. Nieto-Velasquez. Her sister's name is Maria D. Nieto- Velasquez. Maria went on to say that her sister has used other identities before, knows Maria's personal information, and may have given it during the shoplifting incident. I researched the shoplifting incident and was able to determine that Maria was involved, not her sister. I called Maria and told her I was able to verify that she was convicted of shoplifting. Maria admitted to being involved in the incident which occurred at Sear's in 2004 but said her daughter did it. Her daughter was arrested at the time of the theft. With a little bit of a language barrier, I'm not sure if Maria understood that she was convicted or understood all along that I was trying to ask her about her shoplifting incident. Hector confirmed that he was cited for fishing without a permit and also had some traffic convictions. Maria and Hector explained that the attorney who helped them with the application just asked them if they had ever been in jail or in any serious trouble. In summary, while it concerns the GIPD that Hector didn't disclose his DDS conviction and other less serious convictions, we don't feel a denial is in order. Item G3 #2011-147 - Approving Acquisition of Utility Easement - Northwest Corner of 611 Willow Street (Willow & 7th Streets) - Eihusen This item relates to the aforementioned Public Hearing item E-4. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-147 WHEREAS, a public utility easement is required by the City of Grand Island, from Robert G. Eihusen, 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 June 28, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot Two (2), Cottage Grove Third Subdivision; thence easterly along the northerly line of said Lot Two (2), a distance of twenty (20.0) feet to the ACTUAL Point of Beginning; thence continuing easterly along the northerly line of the said Lot Two (2), a distance of thirty five (35.0) feet; thence southerly and parallel with the westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence westerly and parallel with the northerly line of said Lot Two (2), a distance of fifteen (15.0) feet; thence southerly and parallel with the westerly line of said Lot Two (2), a distance of forty (40.0) feet; thence westerly and parallel with the northerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence northerly and parallel with the westerly line of said Lot Two (2), a distance of sixty (60.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.034 acres, more or less, as shown on the plat dated 6/8/2011, 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 Robert G. Eihusen, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2011-148 - Approving Acquisition of Utility Easement - West of Blaine Street, South of Schimmer Drive - GI Economic Development Corp (Wildwood Trust) This item relates to the aforementioned Public Hearing item E-5. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-148 WHEREAS, a public utility easement is required by the City of Grand Island, from Platte Valley State Bank and Trust Company, as Trustee of the Wildwood Trust, 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 June 28, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: TRACT 1 A fifty (50.0) foot wide tract of land, the centerline being more particularly described as follows: Beginning at a point on the southerly line of the Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4), Section Five (5), Township Ten (10) North, Range Nine (9) West, said point being eighty three (83.0) feet west of the easterly line of the (NE1/4, SE1/4) said Section Five (5); thence northerly, parallel with the easterly line of the Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4) said Section Five (5), to a point on the northerly line of the Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4) of said Section Five (5); thence continuing northerly, parallel with the easterly line of the Northeast Quarter (NE1/4) said Section Five (5), to a point on the southerly right-of-way line of Schimmer Drive, being thirty three (33.0) feet south of the northerly line of the Northeast Quarter (NE1/4) said Section Five (5). TRACT 2 A twenty (20.0) foot wide tract of land, the centerline being more particularly described as follows: Beginning at a point one hundred twenty (120.0) feet south and one hundred eight (108.0) feet west of the northeast corner of the Northeast Quarter (NE1/4), Section Five (5), Township Ten (10) North, Range Nine (9) West, said point also being on the westerly line of Tract 1; thence westerly, parallel with the northerly line of the Northeast Quarter (NE1/4) said Section Five (5), a distance of two thousand four hundred six and nineteen hundredths (2,406.19) feet; thence deflecting right 45°00’00” and running northwesterly, a distance of ninety nine and twenty hundredths (99.20) feet to a point fifty (50.0) feet south of the northerly line of the Northeast Quarter (NE1/4) said Section Five (5); thence westerly, parallel with the northerly line of the Northeast Quarter (NE1/4) said Section Five (5), a distance of nineteen and ninety eight hundredths (19.98) feet, to a point on the - 2 - easterly right-of-way line of the River Industrial Lead Railroad, being formerly known as the St. Joseph Branch Union Pacific Railroad. The above-described easement and right-of-way containing a combined total of 5.69 acres, more or less, as shown on the plat dated 3/23/2011, 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 Platte Valley State Bank and Trust Company, as Trustee of the Wildwood Trust, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2011-149 - Approving Acquisition of Utility Easement - North of Wildwood Drive, East of Blaine Street - Hartman This item relates to the aforementioned Public Hearing item E-6. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-149 WHEREAS, a public utility easement is required by the City of Grand Island, from Thomas L. Hartman and Carlotta Y. Hartman, 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 June 28, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW1/4) of Section Four (4), Township Ten (10) North, Range Nine (9) West of the 6th PM; thence easterly along the southerly line of said Southwest Quarter (SW1/4), a distance of thirty three (33.0) feet; thence northerly, a distance of thirty three (33.0) feet to the intersection of the easterly right- of-way line of Blaine Street and the northerly right-of-way line of Wildwood Drive being the ACTUAL Point of Beginning; thence continuing northerly along the easterly right-of-way line of said Blaine Street, a distance of forty seven (47.0) feet; thence easterly parallel with the northerly right-of-way line of said Wildwood Drive, a distance of fifty (50.0) feet; thence southerly parallel with the easterly right-of-way line of said Blaine Street, a distance of forty seven (47.0) feet to a point on the northerly right-of-way line of said Wildwood Drive; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of fifty (50.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.054 acres, more or less, as shown on the plat dated 2/28/2011, 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 Thomas L. Hartman and Carlotta Y. Hartman, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-150 - Approving Acquisition of Utility Easement - North of Wildwood Drive, East of the St. Joseph Branch UPRR track - Blattner This item relates to the aforementioned Public Hearing item E-7. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-150 WHEREAS, a public utility easement is required by the City of Grand Island, from Evelyn Blattner, 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 June 28, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: TRACT 1 A tract of land located in part of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska, being more particularly described as follows: Beginning at the point of intersection of the easterly right-of-way line of the St. Joseph Branch of the Union Pacific Railroad and the northerly right-of-way line of Wildwood Drive; thence easterly along the northerly right-of-way line of said Wildwood Drive, a distance of four hundred thirty and eighty four hundredths (430.84) feet to a point of curvature of a tract of land described in Document #78-887701 recorded in the Register of Deeds Office, Hall County, Nebraska; thence northwesterly along the westerly line of said tract of land, being the arc of a curve whose radius is nine hundred eighty and thirty seven hundredths (980.37) feet (the long cord deflects 135°15’12” left from the last described course), a long cord distance of ninety three and three tenths (93.3) feet to a point eighty (80.0) feet north of the southerly line of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence westerly parallel with the southerly line of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) said Section Five (5), to a point on the easterly right-of-way line of the said St. Joseph Branch of the Union Pacific Railroad; thence southerly along the easterly right-of-way line of the said St. Joseph Branch of the Union Pacific Railroad, to the said point of beginning of Tract 1. TRACT 2 A tract of land located in part of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska, being more particularly described as follows: Commencing at the point of intersection of the easterly right-of-way line of the St. Joseph Branch of the Union Pacific Railroad and the northerly right-of-way line of Wildwood Drive; thence easterly along the northerly right-of-way line of said Wildwood - 2 - Drive, a distance of five hundred fifty two and sixty four hundredths (552.64) feet to a point of curvature of a tract of land described in Document #78-887701 recorded in the Register of Deeds Office, Hall County, Nebraska, being the ACTUAL Point of Beginning of Tract 2; thence northwesterly along the easterly line of said tract of land, being the arc of a curve whose radius is nine hundred thirty and thirty seven hundredths (930.37) feet (the long cord deflects 134°44’33” left from the last described course), a long cord distance of one hundred thirteen and nine tenths (113.9) feet to a point eighty (80.0) feet north of the southerly line of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence easterly parallel with the southerly line of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) said Section Five(5), to a point on the easterly line of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) said Section Five (5); thence southerly along the easterly line of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) said Section Five (5), to a point on the northerly right-of-way line of said Wildwood Drive; thence westerly along the northerly right-of-way line of said Wildwood Drive to the said point of beginning of Tract 2. The above-described easement and right-of-way tracts containing a combined total of 1.25 acres, more or less, as shown on the plat dated 2/23/2011, 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 Evelyn Blattner, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-151 - Approving Memorandum of Understanding with South Central Economic Development District, Inc. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: June 28, 2011 Subject: Approving Memorandum of Understanding with South Central Economic Development District, Inc. Item #’s: G-7 Presenter(s): Joni Kuzma, Community Development Administrator Background In May 2011, the City of Grand Island was awarded a$605,000 Economic Development - Community Development Block Grant for direct financial assistance to a for-profit business for purchasing equipment. The grant will fund equipment purchases and result in the creation of 20 jobs, 11 of which would be held by or offered to persons of Low-to- Moderate Income, and be maintained for at least 12 months from May 4, 2011. Of the grant, $600,000 will be used for equipment purchase and $5,000 will be used by the City of Grand Island for General Administration. Case New Holland has committed matching funds of $1,900,000 for a projected total project cost of $2,500,000. The State of Nebraska required the City, as a part of the grant application, to enter into a Memorandum of Understanding with the Nebraska Department of Economic Development, CNH America LLC and the South Central Economic Development District, Inc. This MOU was entered into for purposes of grant fund distribution and direction from the Department of Economic Development for ongoing management of program income generated from this grant. Discussion The Memorandum of Understanding set forth the terms and conditions of Community Development Block Grant (CDBG) funding of the Case IH #10-ED-016 grant and identified South Central Economic Development District, Inc. (SCEDD) as the Nonprofit Development Organization (NDO) the state selected to carry out CDBG assisted activities on behalf of the City of Grand Island for this grant. However, the MOU specifically states that the City and the specified NDO (SCEDD) must execute a separate administrative agreement. The City will maintain grantee status from the State of Nebraska, provide certified grant administration, submit required reporting and reimbursement forms, and process invoices. At this time the Council is requested to approve a Memorandum of Understanding between the City of Grand Island and the South Central Economic Development District, Inc. for carrying out the terms of the grant for business reimbursement and to specify use of program income generated from grant repayment proceeds. A copy of the Department of Economic Development Memorandum of Understanding is provided for council review as well as the MOU between the City and SCEDD. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the application 2. Postpone the issue to future date 3. Take no action on the issue Recommendation City Administration recommends that the Council approve the Memorandum of Understanding between the City of Grand Island and the South Central Economic Development District, Inc.. Sample Motion Move to approve the Memorandum of Understanding between the City of Grand Island and the South Central Economic Development District, Inc. for Community Development Block Grant #10-ED-016 and authorize the Mayor to sign all related documents. 1 Memorandum of Understanding between the City of Grand Island and the South Central Economic Development District, Inc. This agreement is made and entered into this 28th day of June, 2011, by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation, hereinafter referred to as the "CITY" and SOUTH CENTRAL ECONOMIC DEVELOPMENT DISTRICT, INC. a non-profit corporation, hereinafter referred to as "SCEDD". The purpose of this agreement is to define the respective rights and responsibilities between CITY and SCEDD as it as it relates to a joint and cooperative action for distribution of Community Development Block Grant #10-ED-016 Economic Development Loan and resulting Income Reuse monies within the jurisdiction of the Nebraska counties served by SCEDD. The term of this MOU shall last until it is amended or dissolved with the agreement of the CITY and SCEDD through resolutions passed by the City Council and the executive board of SCEDD. For purposes of this grant, both parties agree to the terms and conditions for use of these funds as follows: 1. CITY agrees to transfer award monies and program income reuse monies from this grant to SCEDD for payment of grant expenditures with limitations on the purpose that meet program reuse guidelines within SCEDD’s Reuse Plan 2. SCEDD agrees to notify the CITY of applications for use of program income reuse monies from this grant and ensure first right of refusal to the CITY for use of the funds in Hall County; 3. CITY further allows distribution of program income reuse monies for use within the jurisdictional boundaries of SCEDD all in accordance with attached Exhibits 1 and 2 (Title 24 and map of SCEDD service area), incorporated herein by this reference in its entirety; 4. SCEDD agrees to allocate program income reuse monies to qualified business(es) meeting program income reuse guidelines all in accordance with attached Exhibit 3 (SCEDD’s Reuse Plan), incorporated herein by this reference in its entirety; 5. SCEDD agrees to evalua te business application(s), coordinate obligation(s), and drawdown of monies in accordance with the laws of the State of Nebraska, Non- profit Development Organization standards and CDBG guidelines; 2 6. CITY shall not be responsible for providing any cash matching funds for future projects as identified above. Funding sources shall be Awards and Program Reuse Funds in accordance to attached Exhibits 1 and 2. 7. During life of this Interlocal Agreement, SCEDD will account for reuse funds in semi-annual reports to CITY due by January 15 and July 15 every reporting period. In agreement to the foregoing terms: Approved by the City Council and e xecuted by CITY on: _____________ City of Grand Island, Nebraska ATTEST: By Jay Vavricek, Mayor RaNae Edwards, City Clerk Executed by SCEDD on South Central Economic Development District, Inc. By ____________________________ Sharon Hueftle, Executive Director 3 [Code of Federal Regulations] [Title 24, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR570.482] [Page 105-109] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 570 COMMUNITY DEVELOPMENT BLOCK GRANTS--Table of Contents Subpart I_State Community Development Block Grant Program Sec. 570.482 Eligible activities. (a) General. The choice of activities on which block grant funds are expended represents the determination by state and local participants, developed in accordance with the state's program design and procedures, as to which approach or approaches will best serve these interests. The eligible activities are listed at section 105(a) of the Act. (b) Special assessments under the CDBG program. The following policies relate to special assessments under the CDBG program: (1) Public improvements initially assisted with CDBG funds. Where CDBG funds are used to pay all or part of the cost of a public improvement, special assessments may be imposed as follows: (i) Special assessments to recover the CDBG funds may be made only against properties owned and occupied by persons not of low and moderate income. These assessments constitute program income. (ii) Special assessments to recover the non-CDBG portion may be made, provided that CDBG funds are used to pay the special assessment in behalf of all properties owned and occupied by low and moderate income persons; except that CDBG funds need not be used to pay the special assessments in behalf of properties owned and occupied by moderate 4 income persons if, when permitted by the state, the unit of general local government certifies that it does not have sufficient CDBG funds to pay the assessments in behalf of all of the low and moderate income owner-occupant persons. Funds collected through such special assessments are not program income. (2) Public improvements not initially assisted with CDBG funds. CDBG funds may be used to pay special assessments levied against property when this form of assessment is used to recover the capital cost of eligible public improvements initially financed solely from sources other than CDBG funds. The payment of special assessments with CDBG funds constitutes CDBG assistance to the public improvement. Therefore, CDBG funds may be used to pay special assessments provided that: (i) The installation of the public improvements was carried out in compliance with requirements applicable to activities assisted under this subpart, including labor, environmental and citizen participation requirements; (ii) The installation of the public improvement meets a criterion for national objectives. (See Sec. 570.483(b)(1), (c), and (d).) (iii) The requirement of Sec. 570.482(b)(1)(ii) are met. (c) Provision of assistance for microenterprise development. Microenterprise development activities eligible under section 105(a)(23) of the Housing and Community Development Act of 1974 (the Act), as amended, (42 U.S.C. 5301 et seq.) may be carried out either through the recipient directly or through public and private organizations, agencies, and other subrecipients (including nonprofit and for-profit subrecipients). (d) Provision of public services. The following activities shall not be subject to the restrictions on public services under section 105(a)(8) of the Housing and Community Development Act of 1974, as amended: (1) Support services provided under section 105(a)(23) of the Housing and Community Development Act of 1974, as amended, and paragraph (c) of this section; (2) Services carried out under the provisions of section 105(a)(15) of the Housing and Community Development Act of 1974, as amended, that are specifically designed to increase economic opportunities through job training and placement and other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services; and (3) Services of any type carried out under the provisions of section 105(a)(15) of the Act, pursuant to a strategy approved by a State under the provisions of Sec. 91.315(e)(2) of this title. 5 (e) Guidelines and objectives for evaluating project costs and financial requirements— (1) Applicability. The following guidelines, also referred to as the underwriting guidelines, are provided to assist the recipient to evaluate and select activities to be carried out for economic development purposes. Specifically, these guidelines are applicable to activities that are eligible for CDBG assistance under section 105(a)(17) of the Act, economic development activities eligible under section 105(a)(14) of the Act, and activities that are part of a community economic development project eligible under section 105(a)(15) of the Act. The use of the underwriting guidelines published by HUD is not mandatory. However, states electing not to use these guidelines would be expected to ensure that the state or units of general local government conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. (2) Objectives. The underwriting guidelines are designed to provide the recipient with a framework for financially underwriting and selecting CDBG-assisted economic development projects which are financially viable and will make the most effective use of the CDBG funds. Where appropriate, HUD's underwriting guidelines recognize that different levels of review are appropriate to take into account differences in the size and scope of a proposed project, and in the case of a microenterprise or other small business to take into account the differences in the capacity and level of sophistication among businesses of differing sizes. Recipients are encouraged, when they develop their own programs and underwriting criteria, to also take these factors into account. These underwriting guidelines are published as appendix A to this part. The objectives of the underwriting guidelines are to ensure: (i) That project costs are reasonable; (ii) That all sources of project financing are committed; (iii) That to the extent practicable, CDBG funds are not substituted for non-Federal financial support; (iv) That the project is financially feasible; (v) That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and (vi) That to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project. (f) Standards for evaluating public benefit-- (1) Purpose and applicability. The grantee is responsible for making sure that at least a minimum level of public benefit is obtained from the expenditure of CDBG funds under the categories of eligibility governed by these standards. The standards set forth below identify the types of public benefit that will be 6 recognized for this purpose and the minimum level of each that must be obtained for the amount of CDBG funds used. These standards are applicable to activities that are eligible for CDBG assistance under section 105(a)(17) of the Act, economic development activities eligible under section l05(a)(14) of the Act, and activities that are part of a community economic development project eligible under section 105(a)(15) of the Act Certain public facilities and improvements eligible under section 105(a)(2) of the Act, which are undertaken for economic development purposes, are also subject to these standards, as specified in Sec. 570.483(b)(4)(vi)(F)(2). Unlike the guidelines for project costs and financial requirements covered under paragraph (a) of this section, the use of the standards for public benefit is mandatory. (2) Standards for activities in the aggregate. Activities covered by these standards must, in the aggregate, either: (i) Create or retain at least one full-time equivalent, permanent job per $35,000 of CDBG funds used; or (ii) Provide goods or services to residents of an area, such that the number of low- and moderate-income persons residing in the areas served by the assisted businesses amounts to at least one low- and moderate-income person per $350 of CDBG funds used. (3) Applying the aggregate standards. (i) A state shall apply the aggregate standards under paragraph (e)(2) of this section to all funds distributed for applicable activities from each annual grant. This includes the amount of the annual grant, any funds reallocated by HUD to the state, any program income distributed by the state and any guaranteed loan funds made under the provisions of subpart M of this part covered in the method of distribution in the final statement for a given annual grant year. (ii) The grantee shall apply the aggregate standards to the number of jobs to be created/retained, or to the number of persons residing in the area served (as applicable), as determined at the time funds are obligated to activities. (iii) Where an activity is expected both to create or retain jobs and to provide goods or services to residents of an area, the grantee may elect to count the activity under either the jobs standard or the area residents standard, but not both. (iv) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support services, the jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purposes of applying the aggregate standards. (v) Any activity subject to these standards which meets one or more of the following criteria may, at the grantee's option, be excluded from the aggregate standards described in paragraph (f)(2) of this section: 7 (A) Provides jobs exclusively for unemployed persons or participants in one or more of the following programs: (1) Jobs Training Partnership Act (JTPA); (2) Jobs Opportunities for Basic Skills (JOBS); or (3) Aid to Families with Dependent Children (AFDC); (B) Provides jobs predominantly for residents of Public and Indian Housing units; (C) Provides jobs predominantly for homeless persons; (D) Provides jobs predominantly for low-skilled, low- and moderate- income persons, where the business agrees to provide clear opportunities for promotion and economic advancement, such as through the provision of training; (E) Provides jobs predominantly for persons residing within a census tract (or block numbering area) that has at least 20 percent of its residents who are in poverty; (F) Provides assistance to business(es)that operate(s) within a census tract (or block numbering area) that has at least 20 percent of its residents who are in poverty; (G) Stabilizes or revitalizes a neighborhood income that has at least 70 percent of its residents who are low- and moderate- income; (H) Provides assistance to a Community Development Financial Institution (as defined in the Community Development Banking and Financial Institutions Act of 1994, (12 U.S.C. 4701 note)) serving an area that has at least 70 percent of its residents who are low- and moderate-income; (I) Provides assistance to an organization eligible to carry out activities under section 105(a)(15) of the Act serving an area that has at least 70 percent of its residents who are low- and moderate-income; (J) Provides employment opportunities that are an integral component of a project designed to promote spatial de-concentration of low- and moderate-income and minority persons; (K) With prior HUD approval, provides substantial benefit to low- income persons through other innovative approaches; (L) Provides services to the residents of an area pursuant to a strategy approved by the State under the provisions of Sec. 91.315(e)(2) of this title; (M) Creates or retains jobs through businesses assisted in an area pursuant to a strategy approved by the State under the provisions of Sec. 91.315(e)(2) of this title. (4) Standards for individual activities. Any activity subject to these standards which falls into one or more of the following categories will be considered by HUD to provide insufficient public benefit, and therefore may under no circumstances be assisted with CDBG funds: (i) The amount of CDBG assistance exceeds either of the 8 following, as applicable: (A) $50,000 per full-time equivalent, permanent job created or retained; or (B) $1,000 per low- and moderate-income person to which goods or services are provided by the activity. (ii) The activity consists of or includes any of the following: (A) General promotion of the community as a whole (as opposed to the promotion of specific areas and programs}; (B) Assistance to professional sports teams; (C) Assistance to privately-owned recreational facilities that serve a predominantly higher-income clientele, where the recreational benefit to users or members clearly outweighs employment or other benefits to low-and moderate-income persons; (D) Acquisition of land for which the specific proposed use has not yet been identified; and (E) Assistance to a for-profit business while that business or any other business owned by the same person(s) or entity(ies) is the subject of unresolved findings of noncompliance relating to previous CDBG assistance provided by the recipient" (5) Applying the individual activity standards" (i) Where an activity is expected both to create or retain jobs and to provide goods or services to residents of an area, it will be disqualified only if the amount of CDBG assistance exceeds both of the amounts in paragraph (f)(4)(i) of this section. (iiI) The individual activity tests in paragraph (f)(4)(i) of this section shall be applied to the number of jobs to be created or retained, or to the number of persons residing in the area served (as applicable), as determined at the time funds are obligated to activities. (iv) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support services, the jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purposes of applying the individual activity standards in paragraph (f)(4)(i) of this section" (6) Documentation. The state and its grant recipients must maintain sufficient records to demonstrate the level of public benefit, based on the above standards, that is actually achieved upon completion of the CDBG-assisted economic development activity(ies) and how that compares to the level of such benefit anticipated when the CDBG assistance was obligated" If a state grant recipient's actual results show a pattern of substantial variation from anticipated results, the state and its recipient are expected to take those actions 9 reasonably within their respective control to improve the accuracy of the projections" If the actual results demonstrate that the state has failed the public benefit standards, HUD may require the state to meet more stringent standards in future years as appropriate. (g) Amendments to economic development projects after review determinations. If, after the grantee enters into a contract to provide assistance to a project, the scope or financial elements of the project change to the extent that a significant contract amendment is appropriate, the project should be reevaluated under these and the recipient's guidelines. (This would include, for example, situations where the business requests a change in the amount or terms of assistance being provided, or an extension to the loan payment period required in the contract.) If a reevaluation of the project indicates that the financial elements and public benefit to be derived have also substantially changed, then the recipient should make appropriate adjustments in the amount, type, terms or conditions of CDBG assistance which has been offered, to reflect the impact of the substantial change. (For example, if a change in the project elements results in a substantial reduction of the total project costs, it may be appropriate for the recipient to reduce the amount of total CDBG assistance.) If the amount of CDBG assistance provided to the project is increased, the amended project must still comply with the public benefit standards under paragraph (f) of this section. [57 FR 53397, Nov. 9, 1992, as amended at 60 FR 1949, Jan. 5, 1995; 61 FR 54921, Oct. 22, 1996] Approved as to Form ¤ ___________ June 24, 2011 ¤ City Attorney R E S O L U T I O N 2011-151 WHEREAS, the City of Grand Island, Nebraska, was awarded a $605,000 Economic Development - Community Development Block Grant for direct financial assistance to a for-profit business for purchasing equipment; and WHEREAS, $600,000 in grant funds will be used for equipment purchase and $5,000 will be used by the City of Grand Island for General Administration, and WHEREAS, the City entered into a Memorandum of Understanding with the Nebraska Department of Economic Development, CNH America LLC and the South Central Economic Development District, Inc. purposes of grant fund distribution and direction from the Department of Economic Development for ongoing management of program income generated from this grant,; and WHEREAS, the City and the specified Nonprofit Development Organization of the South Central Economic Development District, Inc. must execute a separate administrative agreement for these activities, and WHEREAS, the Council is requested to approve a Memorandum of Understanding between the City of Grand Island and the South Central Economic Development District, Inc. for carrying out the terms of the grant for business reimbursementand to specify use of program income generated from grant repayment proceeds; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to enter into a Memorandum of Understanding between the City of Grand Island and the South Central Economic Development District, Inc. for carrying out the terms of the grant for business reimbursementand to specify use of program income generated from grant repayment proceeds and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G8 #2011-152 - Approving Housing Development Corporation Contract Extension for Neighborhood Stabilization Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Council Meeting: June 28, 2011 Subject: Approving Housing Development Corporation Contract Extension for Neighborhood Stabilization Item #: G-8 Presenter(s): Joni Kuzma, Community Development Administrator Background In 2009 and 2010, the City of Grand Island was awarded a total of $1,183,000 in Neighborhood Stabilization Program grant from the Nebraska Department of Economic Development. The grant enabled the city to purchase and demolish ten vacant, blighted structures and redevelop seven of the lots in new homes for low to middle income first-time homebuyers. In the initial December 15, 2009 contract, the Housing Development Corporation, a non-profit housing developer, agreed to redevelop 3 of the properties. The contract period began on July 31, 2010 and ended on June 2, 2011. The Housing Development Corporation has agreed to redevelop two additional lots for the Neighborhood Stabilization Program so a contract extension is required. Discussion As per the original agreement, the two additional houses constructed by the Housing Development Corporation will be subsidized through the grant and a $10,000 developer fee. There are sufficient funds in the grant to conduct the activity of new construction for two additional houses. The grant contract between the Nebraska Department of Economic Development and the City of Grand Island expires August 24, 2011. If approved by Council, the contract with the Housing Development Corporation will be extended from June 2, 2011 to August 24, 2011. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Contract Extension and authorize the Mayor to sign all related documents 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that Council approves the Housing Development Corporation grant extension for Neighborhood Stabilization and authorize the Mayor to sign all related documents. Sample Motion Move to approve the Housing Development Corporation grant extension for Neighborhood Stabilization and authorize the Mayor to sign all related documents. CONTRACT TIME EXTENSION PROJECT: Neighborhood Stabilization Program CDBG grant #09-3N-11 CONTRACTOR: Housing Development Corporation AMOUNT OF ORIGINAL CONTRACT: Developer fees of $10,000 per redeveloped lot CONTRACT DATE: December 15, 2009 Notice to Proceed Date ------------------------------------------------- July 31, 2010 Original Completion Date --------------------------------------------- June 1, 2011 Revised Completion Date ------------------------------------------- August 24, 2011 Contractor Housing Development Corporation By____________________________________ Date_______________________ Linda Addison Title___________________________________ Executive Director CITY OF GRAND ISLAND, NEBRASKA By____________________________________ Date________________________ Jay Vavricek, Mayor Attest_________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-152 WHEREAS, the City of Grand Island, Nebraska was awarded a $993,000 Neighborhood Stabilization Program (NSP) grant from the Nebraska Department of Economic Development; and WHEREAS, the grant will enable the city to purchase and demolish at least six (6) vacant, blighted structures and redevelop the lots into six (6) new homes, WHEREAS, Habitat for Humanity and the Housing Development Corporation are non- profit housing developers partnering on the grant and are eligible to redevelop at least three properties each, WHEREAS, the City must enter into a Housing Developer Agreement with each organization to move forward with construction of new housing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The City of Grand Island, Nebraska is hereby authorized to enter into Housing Developer Agreements with Habitat for Humanity and the Housing Development Corporation and the Mayor is hereby authorized and directed to execute such contracts. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G9 #2011-153 - Approving Energy Efficiency Agreement for Thermal Imaging Project Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: June 28, 2011 Subject: Approving Energy Efficiency Block Agreement for Thermal Infrared Imaging Project Item #’s: G-9 Presenter(s): Joni Kuzma, Community Development Administrator Background In June 2009, the City of Grand Island was awarded a $199,000 Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy and The American Recovery and Reinvestment Act of 2009 appropriation. The purpose of the EEC BG program is to assist eligible entities in creating and implementing strategies to · Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practical, maximizes benefits for local and regional communities; · Reduce the total energy use of the eligible entities; and · Improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors. City staff met with City Administration in selecting projects for submission to the Department of Energy and to complete an Energy Efficiency and Conservation Strategy for the City. All projects were approved by the Department of Energy and are fully funded through the grant. Discussion One of the three projects selected by the City was to conduct an aerial Georeferenced Thermal Infrared Imaging Survey of the city. This aerial survey will measure building roof heat loss levels across the city which will be used to create an energy consumption map of the city. The thermal survey can be cross-referenced with the Geographic Information System (GIS) to identify either specific buildings or clusters of structures in a neighborhood. The information can be used to educate property owners, residents and business about energy consumption measures they could implement if desired, for long- range energy efficiency improvement planning for public/private buildings, and to identify future project areas that may benefit from energy efficiency retrofits. A Request for Proposals was published in the March 1, 2011 Grand Island Independent with a deadline of 4:00 p.m. Friday, March 11, 2011. Two RFP packets were mailed to companies that offered this or a similar service. One proposal was received and rated according to the specifications outlined in the Request for Proposals. The project award recommendation is Cornerstone Mapping in the amount of $45,000. The grant will pay the full amount and must be expended by September 30, 2012. No matching funds are required. 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 energy efficiency award as recommended. Sample Motion Move to approve the energy efficiency award for Thermal Infrared Imaging to Cornerstone Mapping. 1 CONTRACT AGREEMENT – EECBG-7A-2011 American Recovery and Reinvestment Act of 2009 Energy Efficiency and Conservation Block Grant ENERGY EFFICIENCY PROJECTS THIS AGREEMENT made and entered into this 28nd day of June, 2011, by and between Cornerstone Mapping, Aaron Schepers, President, 8118 S. 23rd Ct., Lincoln, Nebraska, 68512, hereinafter called the Contractor, and the City of Grand Island, 100 E. 1st St., Grand Island, Nebraska, 68801 hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for proposals to be published, for and in consideration of completion of a Georeferenced Airborne Thermal Infrared imaging survey of the city. WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible proposer, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's proposal, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's proposal; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of Forty- Five Thousand Dollars and 00/100 $45,000.00, for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The contractor agrees to comply with the Buy American Provisions set forth in section 1605 of the American Recovery and Reinvestment Act. Buy American Recovery Act provisions apply to funds used for a project for the construction alteration, maintenance or repair of a public building or public work. The Contractor agrees to provide documented certification verifying that the product was manufactured domestically. The Contractor agrees to supply ENERGY STAR qualified and Federal Energy Management Program designated products, as well as documentation certifying use of said qualified energy consuming products and systems. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the 2 contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of a Georeferenced Airborne Thermal Infrared imaging survey of the city. CONTRACT AGREEMENT (Continued) ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required insurance is approved, and that the Contractor shall complete the work by March 31, 2012, unless otherwise agreed upon by both parties. It is understood and agreed that time is the essence of the contract. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The contractor agrees to comply with the following national policies prohibiting discrimination: 1 On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by DOE regulations at 10 CFR part 1040; 2 On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as implemented by DOE regulations at 10 CFR parts 1041 and 1042; 3 On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90 and DOE regulations at 10 CFR part 1040; 4 On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOE regulations at 10 CFR part 1041; 5 On the basis of race, color, national origin, religion, disability, familial status, and sex under Title VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.) as implemented by the Department of Housing and Urban Development at 24 CFR part 100; and 6 On the basis of disability in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) for the design, construction, and alteration of buildings and facilities financed with Federal funds. The Contractor further agrees to maintain a drug-free workplace policy. ARTICLE VI. The contractor agrees to comply with applicable provisions of 1) the Clean Air Act (42 U.S.C. 7401, et. Seq.) and Clean Water Act (33 U.S.C. 1251, et. Seq.) as implemented by Executive Order 11738 [3 CFR 1971-1975 Comp., p. 799] and Environmental Protection Agency rules at 40 CFR part 32, Subpart J; 2) the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented by the Department of Housing and Urban Development at 24 CFR part 35, and 3) any other applicable environmental policies. ARTICLE VII. The contractor agrees to comply with Section 1606 of the American Recovery and Reinvestment Act of 2009 with regard to Davis-Bacon Act prevailing wage requirements for projects in excess of $2,000 for the construction, alteration, and/or repair of public buildings or public works. Contractors and subcontractors are required to pay laborers and mechanics employed on a covered contract wages and fringe benefits determined by the Secretary of Labor to be prevailing for corresponding classes of employees engaged on similar projects in the locality. Accordingly, contractors and subcontractors must ensure that any laborers and mechanics employed on projects funded or assisted in whole or in part by Recovery Act funds are paid prevailing wages as determined by the Secretary of Labor for construction, alteration, and/or repair (including painting and decorating). The contractor agrees that all laborers and mechanics on this project (whether employed by the contractor or subcontractor) will be paid on a weekly basis and will submit weekly certified payroll records to Community Development. The most current DOL Wage Determination was provided in the Request for Proposal specifications and is attached to this contract. ARTICLE VIII. City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or 3 procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a common or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. CONTRACT AGREEMENT (Continued) ARTICLE IX. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. CERTIFICATION OF ELIGIBILITY: The eligibility of this contractor has been certified. __X___ The Contractor has not been debarred or suspended from providing services paid for in part or in whole by federal funding. __X___ The Contractor is a registered contractor with the Nebraska Department of Labor. __X___ The Contractor has provided a current copy of their liability insurance to the City of Grand Island. Please initial the following items if agreed: _____ The Contractor agrees to adhere to the Davis-Bacon guidelines as stated in Article VII of this contract Agreement, if applicable. _____ The Contractor agrees to attend a preconstruction conference prior to the agreed upon project start date. _____ The Contractor acknowledges receipt of HUD form-4010 “Federal Labor Standards Provisions” as a contract attachment. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. CONTRACTOR (Printed Name):_____________________________________ COMPANY NAME:__Cornerstone Mapping____________________________ CONTRACTOR SIGNATURE:_______________________________________ Date_________________________ Aaron Schepers, GISP CONTRACTOR TITLE:_President____________________________________ CITY OF GRAND ISLAND, NEBRASKA, By ___________________________________________ Date_____________________________ Jay Vavricek, MAYOR Attest: ________________________________________ RaNae Edwards, CITY CLERK 4 The contract and insurance are in due form according to law and are hereby approved. ______________________________________________ Date _____________________________ Attorney for the City Approved as to Form ¤ ___________ June 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-153 WHEREAS, in June 2009, the City of Grand Island was awarded a $199,000 Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy and The American Recovery and Reinvestment Act of 2009 appropriation; and WHEREAS, energy efficiency projects were approved by the Department of Energy that would reduce the total energy use of the eligible entities and improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors; and WHEREAS, an aerial Georeferenced Thermal Infrared Imaging project is an eligible grant activity; and WHEREAS, a formal Request for Proposal process was utilized in procuring for qualified project proposals; and WHEREAS, a qualifying proposal was received and rated according to the specifications outlined in a Request for Proposals as follows: Cornerstone Mapping: $45,000 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Grand Island City Council approves the energy efficiency award as recommended. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-154 - Approving the Nebraska Department of Health and Human Services Agreement for a 2011-2012 Child Well-Being Grant Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: June 28, 2011 Subject: Approve 2011-2012 Child Well-Being Grant Agreement with the Nebraska Department of Health and Human Item #’s: G-10 Presenter(s): Joni Kuzma, Community Development Administrator Background The Nebraska Department of Health and Human Services Division of Children and Family Services Child Welfare Unit, in collaboration with the Nebraska Children and Families Foundation (NCFF) and the Nebraska Child Abuse Prevention Fund Board NCAPFB), has awarded a grant of $30,000 to the City of Grand Island. The purpose of the grant is the implementation of the Child Well-Being Strategic Plan created and carried out by the Coalition for Children. The Nebraska Child Prevention Fund Board was involved in development of the implementation plan from 2007-2009. In 2010, five communities were selected to adapt the plan for local use and to implement the plan: Grand Island, Panhandle Partnership, North Platte, Columbus, and South Sioux City. The communities were selected based on statewide data about child abuse and neglect and related needs, as well as community capacity to address the needs and carry out the terms of the grant. Discussion The Nebraska Children and Families Foundation (NCFF) has funded a variety of programs and collaboration building activities in Grand Island for almost 15 years. For the past 4 years, the Coalition for Children has been building collaborative community partnerships, with guidance from NCFF, in preparation for this and other projects that enhance the Child Well-being Prevention System of Care. The goal of this initiative is to enhance child well-being throughout the state and increase the child well-being indicators on which Hall County scored lower than the State. With acceptance of the offer, a grant in the amount of $30,000 will be awarded to the City. No matching funds are required. The City will act as fiscal agent. The Coalition for Children in collaboration with Community Development will carry out the scope of work as outlined in the agreement between June 1, 2011 and June 30, 2012. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the grant agreement 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City administration recommends that Council approve the grant agreement. Sample Motion Move to approve the grant agreement with the Nebraska Department of Health and Human Services Division of Children and Family Services Child Welfare Unit and authorize the Mayor to sign all related documents. Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-154 WHEREAS, the Nebraska Department of Health and Human Services Division of Children and Family Services Child Welfare Unit has awarded a $30,000 grant to the City of Grand Island; and WHEREAS, the purpose of the grant is the implementation of the Child Well-Being Strategic Plan created and carried out by the Coalition for Children; WHEREAS, Grand Island was selected as one of five pilot communities for this work based on statewide data about child abuse and neglect and related needs, as well as community capacity to address the needs and carry out the terms of the grant; and WHEREAS, the Coalition for Children will work with Community Development to carry out the scope of work as outlined in the agreement between June 1, 2011 and June 30, 2012; and WHEREAS, the City of Grand Island will serve as fiscal agent for the grant; and WHEREAS, a prevention subgrant contract has been received by the City and must be signed by the Mayor to accept the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Department of Health and Human Services Division of Children and Family Services Child Welfare Unit is approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the City of Grand Island for such grant program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-155 - Approving Award Amendment #2 for Engineering Services for Aeration Basin Improvements at the Wastewater Treatment Plant Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: John Collins, Public Works Director Meeting: June 28, 2011 Subject: Approving Award Amendment Number 2 for Engineering Services for Aeration Basin Improvements at the Wastewater Treatment Plant Item #’s: G-11 Presenter(s): John Collins, Public Works Director Background The Aeration Basin constructed in a 1995 plant improvement project included the addition of four (4) aeration basins, a recycle channel, a blower building, and three (3) spiral lift pumps. On August 5, 2009, the City of Grand Island invited proposals for engineering services for Aeration Basin Improvements at the Wastewater Treatment Plant and on September 1, 2009 proposals were received, reviewed and evaluated in accordance with established criteria. Black & Veatch Corporation of Kansas City, Missouri submitted a proposal in accordance with the terms of the Request for Proposals with a maximum amount of $384,000.00 which the City Council approved on October 13, 2009. On August 24, 2010, the City Council approved Amendment Number 1 to the agreement for consulting services on the Aeration Basin Project. Amendment Number 1 included blower capacity evaluations and design memorandum resubmittal to the NDEQ based on JBS’s construction of expanded industrial waste treatment facilities, inclusion of mixer capacity in ongoing improvements in nitrate treatment, allowance for alternate blower manufactures to the bidding documents, and the addition of standard operation procedure manual, bidding phase services, cons truction phase services, resident inspection, start-up warranty commissioning to the scope of work. Amendment Number 1 added $611,000.00 in consulting services for a maximum not to exceed amount of $995,000.00. On February 24, 2011, a mechanical gearbox bearing failure on Spiral Lift Pump No. 3 resulted in damage to the gearbox housing, including associated mechanical drive couplings, and structural anchor bolts. On March 16, 2011, the wastewater staff presented to administration replacement and alternate pumping options. On May 3, 2011, proposals were received by consulting firms Black & Veatch of Kansas City Missouri, and HDR Engineering of Omaha Nebraska to evaluate options to repair, replace, or use an alternative pumping option. On May 12, 2011, a workshop was concluded with Black & Veatch of Kansas City, Missouri to overview planning with staff and administration. On May 31, 2011, at a cost of $7,200.00 Black & Veatch of Kansas City Missouri prepared a technical memorandum titled “Screw Pump Replacement Evaluation”. In this evaluation, consideration was given to future hydraulic capacity, replacement options, constructability, construction costs, energy consumption, and overall life cycle costs. The recommendation was to repair the existing spiral lift pump and provide similar repair in others for a continued useful life cycle of ten (10) to twenty (20) years. At the end of the life cycle, it was recommended that the present spiral life pumps be replaced with smaller units of the same type. Discussion Amendment Number 2 to the Agreement for consulting services on the Aeration Basin Project shall provide consulting engineering services required to repair the existing spiral lift pumps. The scope of work shall include: a. Finalize scope of repair and prepare technical documents. b. Conduct structural inspections and preform design. c. Prepare conceptual internal recycle layout design. d. Prepare construction change order documents. e. Construction phase services. f. Project administration and management. The City staff and administration has negotiated the services at $ 35,770.25 being fair and reasonable for the scope of work listed. These costs are available within the current contract maximum not to exceed as a result of previous tasks being completed under the allowable billing limits, therefore, no increase in the contract amount is required to implement this amendment. The City staff and administration recommends procurement allowance for the Spiral Lift Pump Repair Improvement Project to be negotiated with Oakview dck Construction, the onsite contractor for the Aeration Basin Improvement Project, and be implemented as a change order once costs have been submitted and approved by the Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution awarding the bid and authorizing the Mayor to execute Amendment Number 2 with Black and Veatch of Kansas City, Missouri. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation The City Administration recommends that the Council approve Amendment Number 2 to the professional services agreement with Black & Veatch for the consulting engineering services on the Aeration Ba sin Project. Sample Motion Move to approve Amendment Number 2 with Black & Veatch for engineering services associated with the repair and rehabilitation of the existing spiral lift pumps. Page 1 of 9 BLACK & VEATCH CORPORATION TECHNICAL MEMORANDUM – Screw Pump Replacement Evaluation Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 To: John Henderson, City of Grand Island From: Gary Schnettgoecke and Ted Stolinski, Black & Veatch 1. Project Description The Grand Island Wastewater Treatment Plant uses Archimedes type screw pumps to lift water from the Primary Clarifiers to the Aeration Basins. The pumps are located in a facility referred to as the Mixed Liquor Pump Station. Currently, the basins re-circulate effluent (i.e., mixed liquor) back to the front of the screw pumps using an external channel. The pump station is equipped with three screw pumps with space for a fourth. Currently Screw Pump No. 3 is out of service because of a gearbox and bearing failure. The purpose of this evaluation is to investigate whether to repair the existing pump or replace the pump with a pump(s) of another type. In addition, possible future modifications to implement internal aeration basin recycle flow needs to be considered when repairing or replacing the equipment as flows would be significantly reduced to the Mixed Liquor Pump Station. 2. Background The existing screw pumps were manufactured by Zimpro and installed in 1995. The pumping units are 84-inch diameter open type screws with an effective lift of approximately 12 feet from the operating wetwell level to the spill point of the screw pump channel. Each screw pump is rated for 33 mgd for an installed capacity of 99 mgd and a firm capacity of 66 mgd. Currently, mixed liquor recycle rates are as high as 300 percent. The existing screw pumps therefore pump a combination of primary clarifier effluent and recycle flow. In the future, the aeration basins may be converted to internal recycle and the screw pump station inflow will be significantly reduced. Current and future hydraulic loading to the plant and to the screw pumps, with external recycle in the basins, are indicated in Table 1. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 2 of 9 Table 1 – Hydraulic Loading with External Recycle in Basins (Note 1) To Plant To Screw Pumps Current 2029 Projected Current 2029 Projected Minimum Flow, mgd 5.0 (Note 2) NA 20.0 (Notes 2,4) NA Avg. Daily Flow, mgd 11.4 (Note 3) 16.0 (Note 3) 45.6 (Note 4) 64.0 (Note 4) Peak Hour Flow, mgd 35.0 (Note 3) 39.5 (Note 3) 66.0 (Note 5) 66.0 (Note 5) 1. Includes flow from JBS (approx 3 mgd) 2. Estimated from data provided by City May 2011 3. Taken from the Final Design Report, Primary Clarifier Mechanism Replacement project, prepared by Black & Veatch August 4, 2009, Tables 2-2 (2009 Projected Flows) and 2-3 (2029 Projected Flows) 4. Equals flow to plant plus external recycle flow in the basins (3 times plant flow). 5. Recycle is not implemented during peak flows. Flow shown is the firm capacity of the existing screw pumps The hydraulic loading to the screw pumps, if internal recycle in the basins is implemented in the future, would essentially be the same as those flows to the plant as indicated in Table 1. The existing broken screw pump could be repaired to restore the current firm capacity of 66 mgd or could be replaced with two alternative type pumps (utilizing the empty bay) for a total capacity of 30 mgd and a firm capacity of 63 mgd. In the future, the two existing screw pumps could be replaced with pumps rated for 15 mgd for a total firm capacity of 45 mgd and an installed capacity of 60 mgd to meet the hydraulic requirements for future internal recycle in the basins. Larger pumps could be installed if internal recycle was not implemented to meet future flows noted in Table 1. For this evaluation, 15 mgd pumps will be used. 3. Discussion of Preliminary Repair/Replacement Options The existing screw pumps have been operational for approximately 16 years. Normal operation is to run two screw pumps 24 hours per day, 7 days a week. Pumps are rotated monthly. Screw pumps by nature are variable capacity pumps and two pumps can handle the diurnal flow without a problem. Relatively speaking, for the short lift, these are low stressed units and should have a useful service life of 30 years or more. Per discussion with the City, the screws themselves are in good condition and have presented no problems. The gear boxes of the existing units have back-stops to prevent reverse rotation when the pumps are shut down. The back-stops are externally mounted on the gear boxes. The back-stops are problematic as the oil cannot be changed. The original pumps were installed with units where the oil could be changed. The City is currently getting about 3 Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 3 of 9 month’s life out of the back-stops. Back-stop repair is estimated to be $3,000 for each failure as reported by the City. Externally mounted back-stops are more susceptible to failure than internal back-stops. On many gear reducers, the back-stop can be converted from externally mounted to internally mounted which would improve the life of the back-stops. Consideration will be given to modifying the existing gear boxes. There are several options to be investigated: 1. Repair the existing broken 84-inch screw pump. Pump station will be over-rated in the future if internal recycle is implemented, but the screw pumps are capable of handling the reduced flow. 2. Replace the broken 84-inch screw pump with a smaller screw pump rated for 15 mgd. Install a second smaller screw pump in the adjacent empty bay. 3. Replace the broken 84-inch screw pump with a smaller enclosed screw pump rated for 15 mgd. Install a second smaller screw pump in the adjacent empty bay. 4. Install a 15 mgd submersible wastewater pump in the bay of the broken screw pump and install a second pump in the adjacent empty bay. 5. Install a 15 mgd vertical turbine solids handling (VTSH) pump in the bay of the broken screw pump and install a second pump in the adjacent empty bay. For Options 2 through 5, the remaining two 84-inch screw pumps would be replaced as they wear out, 10 to 20 years from now. 3.1. Option 1 – Repair Existing Screw Pumps When the existing screw pump broke, an internal bearing failure in the gear box resulted in damaging the gearbox and shearing off the upper screw pump bearing from the concrete base. Bolts were sheared off below the level of the concrete, but no concrete damage is evident. To restore the screw pump to active service would require repair or replacement of the existing gear box and new anchor bolts and baseplate for the screw pump upper bearing. Three screw pumps of common design would keep operation of the pump station simple with limited or no process controls and a continuation of the current practice of leaving two pumps running. In the future if internal recycle flow is implemented, one pump could be base loaded most of the time and a second pump started only during wet weather. The only major problem with the existing screw pumps is the back-stop. If these problems could be resolved, the existing screw pumps could provide many more years of suitable service. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 4 of 9 3.2. Option 2 – Replace with Smaller Open Screw Pumps The existing screw pump could be removed and replaced in its entirety with a new open screw pump design rated for 15 mgd. A second pump would be provided in the empty bay and the pump station firm pumping capacity would be 63 mgd. When the existing pumps are no longer viable they can be replaced with similar pumps for a firm capacity of 45 mgd. The diameter of the new screw pumps would be 66 inches. New smaller motors and gearboxes would be provided. New units would be specified with improved back-stop and couplings to minimize the current maintenance requirements. Since the new screws are smaller diameter, the screw troughs would need to be re-shaped for the smaller diameter. Efficiency and operating cost would be similar to the existing pumps. 3.3. Option 3 – Replace with Smaller Enclosed Screw Pumps Enclosed screw pumps have the torque tube on the outside and instead of a submerged journal bearing at the bottom of the screw, they are provided with a large bearing ring around the torque tube with trunion supports. The trunion supports must be kept dry and out of the water. Because of the short setting of the pump, location of the lower bearing and trunion is much higher than normal and would have to be a special design. The enclosed screw pump is optimal at a 45 degree installation. However the existing screw trough is 30 degrees. This makes the screw much longer than normal for this capacity and lift. 3.4. Option 4 - Replace with Submersible Wastewater Pumps Submersible wastewater pumps are common in the industry and in many cases can be an economical alternative to screw pumps. Because of the low head of this application and the high flow (15 mgd), there was limited selection available. Pumping units that met this hydraulic conditions were either too large to fit in the existing wetwell or were operating to the extreme right of the pump curve at low efficiency. Equipment cost is the lowest for this type, so this option was pursued even though it is not the most energy efficient type. Pumping units are proposed to be of the removable type with guiderails. However since each pump can be isolated in each wetwell, the pump could be skid mounted and anchored to the floor. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 5 of 9 The operating level of the existing wetwells with the screw pumps is approximately 4.75 feet. The minimum submergence to prevent vortexing is approximately 4 feet. This is insufficient operating range to control the pumps in parallel with the existing screw pumps. In order to be a viable option, the existing wetwell needs to be deepened to provide an additional 18 inches of operating depth. Because of the size of the units, the deepened area will consume most of the floor of the wetwell and would pose structural challenges for construction. Submersible pumps are frequently used in wastewater, but because they have non-pressurized seals between the pump and motor and are exposed to corrosion both inside and out, they have a relatively short pumping unit life. While a screw pump could be expected to have a service life of 30 years, the expected service life of a submersible pump is only 7 to 10 years. Pumping units are relatively large for the wetwell and will not meet the hydraulic institute standards for wetwell design. However entrance velocities are low and the pump is confined within its own pump bay. With proper baffling, the pumps should perform acceptably. 3.5. Option 5 – Replace with Vertical Turbine Solids Handling Pumps These units are built by Fairbanks Morse and would be a sole-source procurement. They are essentially a non-clog style waste water impeller built into a modified vertical turbine water pump arrangement. They are designed specifically for wastewater and have a long dependable service life. For this application where the dynamics are low, a service life of 30 years is not unreasonable. These pumps also have problems with submergence and would require the existing wetwell floor to be deepened. Because the footprint of the pump is relatively small compared to a submersible pump, adequate submergence can be provided by sinking a 48- inch diameter hole into the existing wetwell floor. The pumps would be supported by a new platform built on the walls. Floor modifications for this option are less complex and more easily constructed than the submersible pump option. 4. Constructability This section covers the constructability issues for each of the options. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 6 of 9 Option 1 – Repair Existing Screw Pumps. This option would require the replacement of the existing bearing base plate with a new bearing plate large enough to allow new holes to be cored through the existing concrete bearing support. A new second plate would be placed on the underside of the concrete support and bolted at both plates. This would allow easier replacement of the bolts if they happened to fail again. Adding the plate on the underside of the concrete support will require some sort of temporary work surface as the channel below this area will be full of water during construction. Assessment of the location of the existing concrete reinforcing should be performed to prevent coring through the existing reinforcing and compromising the strength of the slab. Option 2 – Replace with Smaller Open Screw Pumps. This option will require the same bearing base plate replacement as with Option 1 but will also require the demolition and removal of the existing screw pump. In addition, the smaller screw diameter will require additional grouting to match the new diameter. Option 3 – Replace with Smaller Enclosed Screw Pumps. This option will require the same bearing base plate replacement as with Option 1 but will also require the demolition and removal to the existing screw pump. In addition, the bays and wetwell area will require significant modifications to accommodate the angle of the screw pump (38 or 40 degrees) and trunion supports. The current installation is 30 degrees. Option 4 - Replace with Submersible Wastewater Pumps. This option will require the demolition and removal of the existing screw pump. Because the submersible pump needs additional submergence, a 7 foot by 8 foot opening will need to be cut through the existing bottom slab near the base of the existing screw pump. The large size may be difficult to accommodate structurally as the opening will take up most of the space from wall to wall. The area will need to be dewatered to be able to cut through the bottom slab. The submersible pumps will require a walkway from pump bay wall to pump bay wall. Option 5 – Replace with Vertical Turbine Solids Handling Pumps. This option will require the demolition and removal of the existing screw pump. The vertical pumps will require additional submergence. This could be provided by cutting a circular hole in the bottom of the pump bay slab and inserting a steel can approximately 8 feet below the bottom slab. The area will have to be dewatered to install the can. A steel casing may be needed to excavate in the sand underneath the bottom slab. The ability to adequately dewater to the required elevation without damage to existing structures must be determined before proceeding with this option. The vertical pumps will require a concrete beam and slab support be constructed from pump bay wall to pump bay wall. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 7 of 9 5. Estimated Operating Costs for Preliminary Options Each option was evaluated to determine its energy consumption. A summary of the energy consumption is shown in Tables 2 and 3 for Average Daily and Peak Flow conditions, respectively (tables included at the end of this memorandum). Screw pumps (whether open or enclosed) are variable capacity pumps and the pumping capacity is related to the depth of water in the wetwell. To evaluate the power required, wetwell operating depth was selected based on the pumping rate of the unit at the selected design condition. The discharge of the screw pumps is over the invert of the screw channel top. In addition, the screw pump has to lift the water higher than this invert. This is shown as a loss in the tables. The submersible pumps and VTSH pumps require maximum amount of submergence. For this evaluation, the pumps were considered to operate in parallel with existing screw pumps. The existing screw pumps operating level was selected as the design wetwell for the pump. In the future should the existing screw pumps be replaced, the design wetwell level because of submergence issues will still basically be the same. Since both the submersible and VTSH pumps are located in the wetwell, 24-inch diameter pipe is required to convey the water up the trough into the discharge flume. The hydraulic losses associated with this pipe are accounted for. For purposes of this evaluation, it is assumed there are no valves and the water discharges freely into the flume. A drop pipe can be provided to minimize turbulence and aeration. With the addition of a check valve, it might be possible to discharge below the flume operating level and utilize a siphon to recover some energy. Budgetary quotes for an enclosed screw pump were 2 to 3 times that of an open screw pump. Although the motor input power (in kWs) for an enclosed screw pump is the lowest of all the pump types, its capital cost and angle of installation does not make this type of pump an attractive option for this application. Of the three other options, the VTSH pump requires the least kWs to operate. This is primarily because there is an efficient pump selection that fits this application. The submersible pumps require the most energy primarily because there isn’t a good selection at the required flow and head. A summary of the motor input power and yearly power cost at the average daily flow for the different pump types is presented in Table 4. There is no significant difference in power costs for the options. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 8 of 9 Table 4 – Estimated Energy Consumption and Cost (at Avg. Daily Flow) Motor Input Power, kW Yearly Cost Open Screw Pump 37.0 $17,840 Enclosed Screw Pump 31.1 $14,980 Submersible Wastewater Pump 39.0 $18,780 Vertical Turbine Solids Handling Pump 31.7 $15,270 6. Estimated Capital Costs for Preliminary Options Capital costs for each preliminary option were determined by soliciting budgetary quotes from pump suppliers and estimating the required demolition, installation, concrete, electrical, and other related costs. First, the cost for repair of the existing pump and the cost of a single pump replacement was assessed. These costs are shown in Table 5. The budgetary pump purchase cost for Options 2 through 5 are also included in Table 5 for reference. Cost assumptions include: • 40% was applied to the pump cost for installation. • Broken screw pump is demolished and removed (Options 2 through 5) • Costs for adjustable frequency drives and necessary electrical work are included for Options 4 and 5. • A contingency of 35% is used. • No engineering costs are included. Table 5 – Estimated Capital Costs (One Pump) Option Pump Cost Total Cost 1 – Repair Existing Screw Pump -- $94,800 2 – Replace with Smaller Open Screw Pump $119,500 $532,600 3 – Replace with Smaller Enclosed Screw Pump $445,000 $1,298,000 4 - Replace with Submersible Wastewater Pump $150,000 $798,000 5 - Replace with Vertical Turbine Solids Handling Pump $235,000 $1,033,600 Some observations: 1. Due to the cost for an enclosed screw pump and the necessary work to modify the channel for a 38 or 45 degree angle installation angle for this type of pump, it will no longer be retained. 2. The cost to create additional volume in the existing wetwells for the submersible pumps has been included (Option 4); however, it does not appear feasible to construct. Grand Island, Nebraska B&V Project 163132.0358 Wastewater Treatment Plant B&V File B-1.1 June 22, 2011 Page 9 of 9 If additional volume was created by constructing a new addition on the south side, the cost would be similar to Option 5. In addition, the service life of a submersible pump is about one-third the life of a VTSH or screw pump and it requires the most eneregy. For these reasons, this option is not attractive for this application. 3. Repairing the existing pump (Option 1) will continue to provide a firm capacity of 66 mgd. For the other options to provide a similar firm capacity, two pumps would need to be installed and operated in conjunction with the other two existing screw pumps (63 mgd). The second pump would be installed in the empty bay. The cost for installing two pumps for Options 2, 4, and 5 are included in Table 6. The same cost assumptions noted above apply, except no existing screw pump demolition and removal is needed since the empty bay is utilized for the second pump. Table 6 – Estimated Capital Costs (Two Pumps) Option Pump Cost Total Cost 2 – Replace with Smaller Open Screw Pumps $239,000 $890,300 4 - Replace with Submersible Wastewater Pumps $300,000 $1,403,700 5 - Replace with Vertical Turbine Solids Handling Pumps $470,000 $1,768,100 7. Recommendation Based on the estimated cost to repair the broken screw pump compared to the installation of alternative pumps, it is recommended that the City repair the pump and utilize the existing screw pumps until their full useful life is realized, 10 - 20 years from now. The existing 84-inch screw pumps could be replaced as they wear out with smaller open screw pumps (66-inch) which would be the least costly to install, if internal recycle in the basins is implemented in the future. The estimated cost to implement internal recycle is $1.2 million. This recommendation is based, in part, on improving the life of the back-stops. Black & Veatch will continue to pursue a resolution. Grand Island Nebraska - Screw Pump Replacement June 22, 2011 Design Flow, mgd 11.4 11.4 11.4 11.4 Design Wetwell Level, feet 1832.90 1832.90 1834.76 1834.76 Discharge Elevation, feet 1846.64 1846.74 1848.64 1848.64 Losses, feet 1.30 1.50 0.81 0.81 Total Dynamic Pumping Head, feet 15.04 15.34 14.69 14.69 Total Work Done, bhp 30.1 30.7 29.4 29.4 Pump Efficiency, percent 70%85%68%80% Pump Shaft Power, bhp 43.0 36.1 43.2 36.7 Gear Box Efficiency, percent 95%95%------ Belt Drive 97%97%------ Motor Output Shaft Power, bhp 46.6 39.2 43.2 36.7 Motor Nameplate Rating, hp 60.0 50.0 60.0 60.0 Motor Efficiency, percent 94%94%88%92% AFD Efficiency, percent ------94%94% Motor Input Power, kW 37.0 31.1 39.0 31.7 Yearly Power Cost, $$17,837 $14,982 $18,780 $15,269 Vertical Turbine Solids Handling (VTSH) Pump Table 2 - Energy Comparison at Average Daily Flow Open Screw Pump Enclosed Screw Pump Submersible PumpOption Grand Island Nebraska - Screw Pump Replacement Evaluation June 22, 2011 Design Flow, mgd 15.0 15.0 15.0 15.0 Design Wetwell Level, feet 1834.76 1834.76 1834.76 1834.76 Discharge Elevation, feet 1846.64 1846.74 1848.64 1848.64 Losses, feet 2.31 2.30 1.54 1.54 Total Dynamic Pumping Head, feet 14.19 14.28 15.42 15.42 Total Work Done, bhp 37.4 37.6 40.6 40.6 Pump Efficiency, percent 70%85%59%80% Pump Shaft Power, bhp 53.4 44.2 68.8 50.7 Gear Box Efficiency, percent 95%95%------ Belt Drive 97%97%------ Motor Output Shaft Power, bhp 57.9 48.0 68.8 50.7 Motor Nameplate Rating, hp 60.0 50.0 60.0 60.0 Motor Efficiency, percent 94%94%89%94% AFD Efficiency, percent ------97%97% Motor Input Power, kW 46.0 38.1 59.5 41.5 Table 3 - Efficiency Comparison at Peak Flow Vertical Turbine Solids Handling (VTSH) PumpOpen Screw Pump Enclosed Screw Pump Submersible Pump Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-155 WHEREAS, the City of Grand Island Wastewater Division requires engineering services in Spiral Screw Pump Repair; and WHEREAS, on May 3, 2011 proposals were received, reviewed and evaluated; and WHEREAS, Black & Veatch Corporation of Kansas City, Missouri submitted a proposal with the work performed at actual costs with a maximum amount of $7,200.00; and WHEREAS, Black & Veatch Corporation of Kansas City, Missouri prepared technical memorandum titled “Screw Pump Replacement Evaluation”; and WHEREAS, Black & Veatch Corporation of Kansas City, Missouri recommendation in repair of the existing spiral lift pump and provide similar repair in others for a continued useful life; and WHEREAS, City staff recommends continuing consulting engineer scope of work in final construction document services; and WHEREAS, City staff has negotiated with Black & Veatch Corporation of Kansas City, Missouri in final construction document services at $35,770.25 being fair and reasonable; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Amendment Number 2 of Black & Veatch Corporation of Kansas City, Missouri for engineering services for Aeration Basin Improvements at the Wastewater Treatment Plant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute Amendment Number 2 on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, that City staff is hereby authorized and directed to negotiate contractual change in work with contracting firm Oakview dck Construction. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-156 - Approving Authorization for Emergency Sanitary Sewer Repairs on Circle Drive Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Fred Tustin, Collection System Supervisor Meeting: June 28, 2011 Subject: Approving Authorization for Emergency Sanitary Sewer Repairs on Circle Drive Item #’s: G-12 Presenter(s): John Collins, Public Works Director Background Emergency sanitary sewer repairs are needed for a collapsing sanitary sewer line on the west end of Circle Drive. Discussion The Diamond Engineering Company of Grand Island, Nebraska was hired to effect the necessary repairs. Contact was made with two other contractors, O’Hara Plumbing Company and Starostka Group, both of Grand Island, Nebraska, and neither was available to do the job. The Diamond Engineering Company will be paid based on actual time and materials incorporated into the repair work, with a maximum of $21,135.00. Since the total is over $20,000.00 council approval is necessary. We are requesting permission to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. 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 usage of the City’s Emergency Procurement Procedures and pass a resolution authorizing The Diamond Engineering Company of Grand Island, Nebraska to perform the necessary sanitary sewer main repairs. Sample Motion Move to approve the usage of the City’s Emergency Procurement Procedures and authorize The Diamond Engineering Company of Grand Island, Nebraska to perform the repairs. Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-156 WHEREAS, the Wastewater Division of the Public Works Department needed to perform an emergency sanitary sewer repair on the west end of Circle Drive; and WHEREAS, the estimated cost is $21,135.20 (based on time and materials); and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska has been requisitioned to do said repairs; and WHERAS, two other contractors were contacted for quotes and they were unavailable to perform the work in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repair on the west end of Circle Drive by The Diamond Engineering Company of Grand Island, Nebraska, at a maximum cost of $21,135.20 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-157 - Approving Certificate of Final Completion for Installation of Primary Clarifier Mechanism Replacement, Project No. WWTP-2010-2 Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: John Collins, Director of Public Works Meeting: June 28, 2011 Subject: Approving Certificate of Final Completion for Installation of Primary Clarifier Mechanism Replacement, Project No. WWTP- 2010-2 Item #’s: G-13 Presenter(s): John Collins, Director of Public Works Background The project “Installation of Primary Clarifier Mechanism” Replacement Project WWTP- 2010-2 was awarded to Oakview Construction, Inc. of Red Oak, Iowa, on November 20, 2009. Work commenced on December 15, 2009 and was completed on November 1, 2010. Discussion The engineer, Black & Veatch for the project has reviewed the completed work and has issued a certificate of substantial completion in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. The installation contract was completed at a total cost of $668,895.34. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for the Installation of Primary Clarifier Mechanism Replacement Project WWTP-2010-2. Sample Motion Move to approve the Certificate of Final Comp letion for the Installation of Primary Clarifier Mechanism Replacement Project WWTP-2010-2. June 11, 2011 City of Grand Island B&V Project 165278 Grand Island, Nebraska B&V File 83.5000 Primary Clarifier Mechanism Replacement Mr. Roger Scott City of Grand Island 3013 East Swift Road Grand Island, NE 68801 Dear Roger: This letter addresses substantial and final completion for the above referenced project. During the week of September 20, 2010, Primary Clarifier No. 1 was successfully started and placed in operation. Primary Clarifier No. 2 was placed in operation in June 2010. Following the startup of Primary Clarifier No. 1, a list of outstanding items for final completion was prepared by the City with assistance from Black & Veatch and Olsson Associates. On December 10, 2010, Oakview provided a letter to Black & Veatch indicating that all outstanding items were completed, with the exception of the following: Labels for the adjustable frequency drive cabinets and grease points. Bracing for the checkered plate around the center drives. Replacement of one safety switch box cover that was mis-labeled. Re-painting of the center drives. In addition, the final O&M manuals for the clarifiers and inclined plate baffles and the warranty for the baffles had not been provided. The last of these items was provided and accepted on May 24, 2011. As of this date, only re-painting of the center drives and bracing for the checkered plate remains. These remaining items of work should be considered warranty items. Contract Time. The City provided a Notice to Proceed on December 15, 2009. Contract times for substantial and final completion are 330 days (November 10, 2010) and 365 days (December 15, 2010), respectively. It is our opinion that all facilities and related work was substantially complete and ready for their intended purpose by September 24, 2010. As such, we recommend that an effective date for substantial completion be established as September 24, 2010. In addition, we recommend that an effective date for final completion be established as December 10, 2010. Page 2 City of Grand Island B&V Project 165278 Grand Island, Nebraska June 11, 2011 Primary Clarifier Mechanism Replacement Retainage. The remaining retainage of $28,715.86 should be released once all the project closeout documentation required by the General Conditions is received. If you have any questions, feel free to contact me at 913-458-3465 or Gary Schnettgoecke at 913-458-6558. Very truly yours, BLACK & VEATCH Derek L. Cambridge Project Director ENGINEER’S CERTIFICATE OF FINAL COMPLETION INSTALLATION OF PRIMARY CLARIFIER MECHANISM REPLACEMENT PROJECT NO. WWTP-2010-2 CITY OF GRAND ISLAND, NEBRASKA June 28, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that INSTALLATION OF PRIMARY CLARIFIER MECHANISM REPLACEMENT PROJECT NO. WWTP-2010-2, has been fully completed by Oakview Construction Inc., of Red Oak, Iowa under contract dated November 20, 2009. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Director of Public Works in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. INSTALLATION OF PRIMARY CLARIFIER MECHANISM REPLACEMENT Project No. WWTP-2010-2 is located at Waste Water Treatment Plant. Installation of: OAKVIEW CONSTRUCTION – ORIGINAL CONTRACT PRICE $ 602,400.00 ADDENDUM NO. 1 $ 290.00 CHANGE ORDER NO. 1 $ 17,515.00 CHANGE ORDER NO. 2 $ 16,112.00 CHANGE ORDER NO. 3 $ (3,100.00) TOTAL CONSTRUCTION COST $ 633,217.00 SUMMARY OF OTHER COST ITEM DESCRIPTION AMOUNT 1 A & D Welding $27.98 2 Ace Hardware $13.28 3 Bauer Underground $450.00 4 Construction Rental $553.50 5 Crescent Electric $2,195.24 6 GI Daily Independent $133.44 7 Kelly Supply $244.26 8 Kriz Davis $1,466.23 9 Menard's $126.01 10 Nunnenkamp Well $19,700.00 11 Platte Valley Laboratories $1,500.00 12 Precision Bearing $135.39 13 Stetson Building Products $709.59 14 Utilities $5,523.42 15 Cloudburst $2,900.00 TOTAL OF OTHER COST $35,678.34 TOTAL COST OF INSTALLATION PRIMARY CLARIFIER MECHANISM REPLACEMENT PROJECT NO. WWTP-2010-2 $ 668,895.34 Respectfully submitted, John Collins Director of Public Works - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - June 28, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer's Certificate of Final Completion for INSTALLATION OF PRIMARY CLARIFIER MECHANISM REPLACEMENT be approved. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ June 22, 2011 ¤ City Attorney RESOLUTION 2011-157 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a Certificate of Substantial and Final Completion for the Installation of Primary Clarifier Mechanism Replacement, Project No. WWTP-2010-2 certifying that Oakview Construction, Inc., of Red Oak, Iowa, completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the release of 5% retainage shall be paid to Oakview Construction, Inc.; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the Engineer’s certificate of substantial and final completion; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Substantial and Final Completion for the Installation of Primary Clarifier Mechanism Replacement Project No. WWTP-2010-2 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Item I1 #2011-158 - Consideration of Request from MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 for a Class "C" Liquor License and Liquor Manager Designation for Tim McMullen, 819 West 12th Street This item relates to the aforementioned Public Hearing item E-1. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-158 WHEREAS, an application was filed by MJR, Inc. doing business as Bandits, 1016 Diers Avenue, Suite 118 for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 18, 2011; such publication cost being $14.73; and WHEREAS, a public hearing was held on June 28, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Tim McMullen, 819 West 12th Street as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-159 - Consideration of Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License and Liquor Manager Designation for Tu Gen Yang, 3720 State Street, Apt. 3 This item relates to the aforementioned Public Hearing item E-2. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-159 WHEREAS, an application was filed by Fuji Steak House, Inc. doing business as Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 18, 2011; such publication cost being $15.18; and WHEREAS, a public hearing was held on June 28, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Tu Gen Yang, 3720 State Street, Apt. 3 as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-160 - Consideration of Request from Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street Unit #4 for a Class "C" Liquor License This item relates to the aforementioned Public Hearing item E-3. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-160 WHEREAS, an application was filed by Gerardo Gutierrez doing business as Tacos Las Palmas, 645 South Locust Street, Unit #4 for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 18, 2011; such publication cost being $15.18; and WHEREAS, a public hearing was held on June 28, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2011-161 - Consideration of Approving Fraternal Order of Police (FOP) No. 24 Labor Agreement Tuesday, June 28, 2011 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: June 28, 2011 Subject: Consideration of Approving Fraternal Order of Police (FOP) No. 24 Labor Agreement Item #’s: I-4 Presenter(s): Brenda Sutherland, Human Resources Director Background Police Officers and Sergeants currently work under the conditions outlined in the labor agreement between the City of Grand Island and the Fraternal Order of Police, No. 24. This group is more commonly referred to as the FOP. The cur rent contract will expire as of midnight September 30, 2011. The City’s negotiating team and the FOP’s negotiating team met to negotiate the terms of a new agreement. The negotiations were handled in good faith with both parties focused on a fair contract that would have a positive impact on the budget. Discussion The labor agreement that is being brought forward for consideration by the Council is a fairly status quo agreement. There were few changes from the current contract. Some of the minor changes include: tracking personal leave on the contract year and requiring the time be used by March 15th and September 15th; tracking vacation and medical leave use in half hour increments; and changing funeral leave to bereavement leave and tracking it on the contact year. A more notable change is the increase to the amount of medical leave an employee can use for immediate family members from 64 hours to 200 per contract year. Obviously if an FMLA qualifying event would occur that number would increase to comply with federal law. The pay scale for the first year of the contract will experience a 0% increase. The steps in the scale will increase from 8 to 9 and each step will be a 12 month step. Currently, steps 1 and 2 are 6 month steps and steps 5, 6 and 7 are 18 month steps. Employees will be frozen in their current step until it is time for their employee evaluation. With a satisfactory evaluation, they will be placed into the next closest step that doesn’t take them backwards. This is significant in that those employees who have step movement under the current agreement would have moved on average 5% from one step to another in the Police Officer range and 4.6% in the Sergeant range. With this agreement in the first year of the contract, the employees with step movement will move anywhere from .05% to 4.2%. The overall impact of the step movement for those who are able to move is a 37% decrease in expenses related to step movement. The second year of the contract specifies a 1.75% salary range increase. The rate at which step movement will decrease in year 2 will be 6/10 of a percent compared to the current range. 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 labor agreement between the City of Grand Island and The Fraternal Order of Police, No. 24 Sample Motion Move to approve the labor agreement between the City of Grand Island and The Fraternal Order of Police, No. 24. 1 AGREEMENT THIS AGREEMENT, effective October 1, 2011, is between the CITY OF GRAND ISLAND (hereinafter referred to as the “City”), and GRAND ISLAND LODGE NO. 24 OF THE FRATERNAL ORDER OF POLICE (hereinafter referred to as the “F.O.P.”). PURPOSE AND INTENT OF THE PARTIES The purpose of the City and the F.O.P. in entering this labor agreement is to promote harmonious relations between the employer and the F.O.P., the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, and conditions of employment. ARTICLE I F.O.P. RECOGNITION The City recognizes the F.O.P. as the sole and exclusive collective bargaining representative for the pay classifications of Police Officers and Sergeants. ARTICLE II RESIDENCY All employees covered under this agreement are required to reside within thirty-five (35) miles of the city limits of the city of Grand Island. Current employees will establish residency within six (6) months after the beginning of this agreement. New employees, hired after the starting date of this agreement, will establish residency within six (6) months after the calendar date of the start of employment and will maintain residency during the term of the employment. For purposes of this agreement, residency will mean the employee’s domicile. ARTICLE III HOURS OF WORK 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 with the first full pay period following the execution of the 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. The City specifically maintains and reserves its management rights to establish the hours worked, the work week and all direction of the work force as allowed by law. Employees shall be eligible for overtime under this Agreement and it is expressly stated hereby that overtime shall not be paid more than once for the same hours worked. 2 Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for over-time 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. The City also reserves the right to revise the regular set schedules from eighty (80) up to eight-six (86) hours per two (2) week pay period. The City shall provide sixty (60) days notice prior to making a set schedule change for each employee subject to the change. ARTICLE IV HOLIDAYS AND HOLIDAY PAY A. HOLIDAYS The following holidays are observed. The y shall be granted with pay to all employees eligible for holiday pay not to exceed eight (8) hours. An employee may be required to work on a holiday if necessary to maintain essential services to the public. New Year’s Day Veteran’s Day Arbor Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Independence Day Christmas Day Labor Day Such holidays shall be observed on the actual day that the holiday falls. B. ELIGIBILITY FOR HOLIDAY PAY No employee shall be eligible for holiday pay unless such employee was in an active pay status on his/her last regularly scheduled day before the holiday and his/her first regular day after the holiday. “Active Pay Status” shall mean any pay status other than leave without pay or suspension without pay. 3 C. HOLIDAY PAY AND HOLIDAY ON PAY Holiday pay shall consist of straight pay up to eight (8) hours plus additional compensation at the rate of 1.5 times the regular rate of compensation for those who are regularly scheduled to work. For those who are called into work on the holiday, they shall receive as compensation straight pay up to eight (8) hours for the holiday, plus additional compensation at the rate of 1.5 times the regular rate of pay for the actual hours worked as holiday on pay. No compensatory time may be accrued in lieu of being paid Holiday on Pay or Holiday Pay. D. HOLIDAY PAY DURING LEAVE OF ABSENCE When a holiday falls within a period of leave of absence without pay, the employee shall not be paid for the holiday. ARTICLE V PERSONAL LEAVE The City will provide sixteen (16) hours of personal leave each contract year, commencing October 1 and ending September 30, to all eligible employees. Personal leave must be taken in a minimum of one (1) hour increments. Personal leave, selected by the employee must have the prior approval of the supervisor. Eight (8) hours must be taken by March 15th and eight (8) hours must be taken by September 15th. ARTICLE VI VACATIONS A. ELIGIBILITY All full-time employees of the police division who have been in the employment of the City continually for one (1) year shall be eligible for vacation leave with pay. Vacation may be taken in one-half hour (1/2) increments. The Mayor or designee may waive the provisions of this section in extreme circumstances for the good of the City and advance vacation leave to an employee prior to the completion of twelve (12) months of employment; provided, employees shall reimburse the City for all used unearned vacation leave upon termination. B. AMOUNT AUTHORIZED Vacation leave shall be computed/accrued on the following basis: Years of Employment Hours of Vacation Earned 1 72 hours 2-5 80 hours 6 112 hours 7-10 120 hours 4 11-14 124 hours 15 136 hours 16+ 160 hours C. VACATION SCHEDULE Vacation leave shall be taken at a time convenient to and approved by the supervisor. While all employees are encouraged to take two (2) consecutive weeks of vacation each year, when eligible, the City may grant shorter periods of one (1) week or less. Each employee whose normal work schedule is Monday through Friday shall take a period of vacation of at least one (1) week each year when eligible as follows. Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five (5) consecutive days. D. VACATION CARRY OVER Accrual of vacation hours will be calculated on a bi-weekly basis and will be reflected on the pay stubs. An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one (1) year, plus eighty (80) hours. E. VACATION CREDIT ON TERMINATION AND RETIREMENT Upon termination, an employee shall be paid for the unused portion of accumulated vacation leave provided such employee has completed twelve months of consecutive, full-time employment. An employee who has been separated shall not accrue vacation leave credits after his or her last day of actual work. ARTICLE VII MEDICAL AND BEREAVEMENT LEAVE A. AMOUNT AUTHORIZED 1. Medical Leave. Medical leave shall be credited into a medical leave account for each employee at the rate of eight (8) hours for each calendar month of service and may be taken in ½ hour increments 2. Bereavement Leave. Bereavement leave shall be granted to eligible employees for up to twenty- four (24) hours per contract year. B. USE OF MEDICAL LEAVE Medical leave with pay must be accumulated before it can be taken and advancing medical leave is prohibited. Employees may utilize their allowances of medical leave when unable to perform their work duties by reason of personal illness, fatigue due to job related duties, noncompensable bodily injury, pregnancy, disease, or exposure to contagious diseases under circumstances in which the health of other employees or the public would be endangered by attendance on duty. Medical leave with pay may be utilized to keep medical or dental appointments. Medical leave may also be utilized for a maximum of two hundred hours (200 5 hrs.) per contract year, per household to care for any members of an employee’s immediate family or household. For purposes of medical leave, “immediate family member” shall mean a child, spouse, parent and parents-in-law. “Child” shall include a biological, adopted or foster child, a step-child, a legal ward, or a child of a person standing in “loco parentis”. C. USE OF BEREAVEMENT LEAVE Upon completion of one (1) year of continuous service, an employee shall be eligible to use up to twenty-four (24) hours of paid bereavement leave for the death of an immediate family member. For purposes of bereavement leave, “immediate family member” shall include son, daughter, sibling, spouse, parent, grandparent, grandchild, and in-laws of the same relation. Bereavement leave shall not exceed twenty-four (24) hours in any contract year. D. MEDICAL LEAVE – REPORTS ON CONDITION When an employee finds it necessary to utilize medical leave, his or her supervisor should be notified immediately. An employee must keep the Police Chief informed of the employee’s condition. An employee may be required by the Police Chief to submit a medical record or certificate for any absence. Failure to fulfill these requirements may result in denial of medical leave. E. FRAUDULENT USE OF MEDICAL OR BEREAVEMENT LEAVE The Police Chief or his or her authorized representative may investigate any medical or bereavement leave taken by an employee. False or fraudulent use of medical or bereavement leave shall be cause for disciplinary action and may result in dismissal. F. NOTIFICATION If an employee is absent for reasons that entitle the employee to medical or bereavement leave, the employee or a member of employee’s household shall notify the supervisor on duty at least thirty (30) minutes prior to scheduled reporting time. If an employee fails to notify the supervisor, when it was reasonably possible to do so, no medical or bereavement leave shall be approved. Immediately upon return to work the employee shall submit a leave form to his or her supervisor. G. COMPENSATION FOR UNUSED MEDICAL LEAVE AT RETIREMENT Each employee upon retirement shall be paid for thirty-seven and one-half percent (37.5%) of his or her accumulated medical leave, the rate of compensation to be based on the employee’s salary at the time of retirement. The maximum accumulation in a medical leave account shall be 1,080 hours. The compensation for the death of an employee not occurring in the line of duty shall be made to the employee’s beneficiary or estate at the rate of thirty-seven and one-half percent (37.5%) of the medical leave account, not to exceed one thousand eighty (1,080) hours. 6 H. COMPENSATION FOR UNUSED MEDICAL LEAVE UPON DEATH IN THE LINE OF DUTY If an employee is killed in the line of duty, there shall be paid fifty percent (50%) of his or her accumulated medical leave, not to exceed one thousand eighty (1,080) hours. The rate of compensation is to be based upon the employee’s salary at the time of death. Payment for this benefit shall be included in the final payroll check. I. FAMILY AND MEDICAL LEAVE ACT POLICY Employees shall be covered by the City’s Family and Medical Leave Act Policy, as set forth in the Employee Reference Manual. ARTICLE VIII CALL IN PAY In the event that an employee is called in to work while off duty, the employee shall receive pay at the employee’s regular rate of pay, and shall be paid for a minimum of two (2) hours at the regular rate of pay and for any additional time worked thereafter. ARTICLE IX MILITARY LEAVE The provisions relating to military training leave are as provided by Section 55-160 Neb. Rev. Stat., 1943, et. Seq., as amended. ARTICLE X COURT LEAVE A. WHEN AUTHORIZED Any employee required to attend as a witness or in any other capacity directly related to his or her official duties, in any case during session of the juvenile court, county court, district court, mental health board, department of motor vehicles, or before any grand jury proceedings, during off-duty periods, shall be entitled to compensation at the rate of pay of 1.5 times the regular rate of pay for each appearance at a minimum of two hours or for the actual time, if longer. All appearances before any tribunal prior to its noon recess of any given day shall be considered one appearance. All appearances before any tribunal subsequent to its noon recess of any given day shall be considered one appearance. When the employee is testifying in other litigation to which he or she is a party, such employee shall not be granted court leave but may use vacation leave or compensatory time or be granted leave without pay for the length of such service. It is recognized that the court pay at the rate of 1.5 times the regular rate of pay is considered premium pay and court time shall not count as hours worked for the calculation of overtime. 7 B. PROCEDURE An employee who is called for witness or jury duty shall present to his or her supervisor the original summons or subpoena from the court and, at the conclusion of such duty, a signed statement from the clerk of the court, or other evidence, showing the actual time in attendance at court. C. FEES Fees received for jury service in a federal, state, county, police or municipal court shall be deposited with the City Finance Director upon the employee’s receipt thereof, provided, this requirement shall not apply to funds received by employees when they would not normally be on duty with the City. No employee shall receive witness fees paid from City funds. ARTICLE XI DISABILITY 1. If any police officer or sergeant becomes disabled, such employee shall be placed on the roll of pensioned police officers at the regular retirement pension of fifty percent (50%) of regular pay for the period of such disability. For purposes of this Article, “disability” shall mean the complete inability of the police officer, for reasons of accident or other cause while in the line of duty, to perform the duties of the police officer. 2. In the case of temporary disability of an employee covered by this agreement, received while in the line of duty, he or she shall receive his or her salary during the continuance of such disability for a period not to exceed twelve (12) months, except that if it is ascertained by the City Council or the proper municipal authorities within twelve (12) months of such temporary disability has become a disability as defined in the paragraph preceding, then the salary shall cease and he/she shall be entitled to the benefits for pension in the case of disability as provided by Nebraska statutes. 3. All payments of pension or salary provided by this Article shall be subject to deduction of amounts paid under the Nebraska Workers Compensation Act. Such payments shall not commence until all credit for unused annual or medical leave or other similar credits have been fully utilized by the disabled employee if there will be no impairment to his/her salary during the period of disability. 4. No employee covered by this agreement shall be entitled during any period of temporary disability to receive in full both his/her salary and his/her benefits under the Nebraska Workers Compensation Act. All Nebraska Workers Compensation benefits shall be payable in full to such police officer as provided in the Nebraska Workers Compensation Act, but all amounts paid by the City or its insurer under the Nebraska Workers Compensation Act to any disabled police officer entitled to receive a salary during such disability, shall be considered as payments on account of such salary and shall be credited thereon. The remaining balance of such salary, if any, shall be payable as otherwise provided by Nebraska law. 8 5. Pursuant to the waiting provisions in Section 48-119 of the Nebraska Workers Compensation Act, no workers compensation shall be allowed during the first seven (7) calendar days following the date of injury or date that temporary disability begins, unless the disability continues for six (6) weeks or longer. When the disability lasts less than six (6) weeks, an employee may use medical or vacation leave for the initial seven (7) days. If no other leave is available, the City shall grant the employee temporary disability leave. If the disability continues for six (6) weeks or longer, the employee will be credited with any medical or vacation leave taken during the initial waiting period. 6. While on leave due to a temporary disability while in the line of duty, the total compensation paid to an employee, including salary, wages, workers compensation benefits, and leave pay collected from any other party (except the employee’s private insurance) shall not exceed the employee’s salary at the time of the commencement of the leave, plus any allowed and approved cost of living increase which commences during the period of leave. 7. The City reserves the right of subrogation because of payment of temporary disability leave to any employee who is disabled or injured by a third party, and reserves the right to pursue collection from the employee of any money paid by the party to the extent of the City’s payment of temporary disability leave. Should the employee receiving temporary disability leave collect from the third party for salary, wages or expenses otherwise paid by the City, he or she will reimburse the City for money paid as temporary disability leave or expenses resulting from the injury. 8. Nothing in this Article shall be interpreted to mean that the City shall have the right to initiate civil litigation in the name of the employee against the party or representative or such party until after receiving consultation and advice of the employee and a signed waiver to that effect. 9. A light duty policy will be maintained by the City to accommodate employees who have been injured in the work place to return to work as soon as possible. The commencement of light duty work and/or modified duty work shall be five (5) calendar days from the date of injury. Any changes in shifts to accommodate the light duty work shall be made in the interim. Any employee who is medically released for light duty may commence light duty work and/or modified duty work earlier than the five (5) days from the date of injury if the employee is willing to do so. During the five (5) day period, between a date of injury and the beginning of light duty work and/or modified duty work, any employee who does not willingly return to light duty work, who is released by a doctor to do so, shall be required to take medical leave for any regularly scheduled shifts that are missed. If medical leave is unavailable to the employee, vacation leave may be used in lieu of medical leave. Day one shall constitute the date of injury, and day six shall be the day the employee begins light duty work. If the employee continues to work full duty after the date of injury, the five (5) day notice shall begin on the date of the doctor appointment in which light duty work is recommended. Once an employee begins light duty work, the employee is required to continue light duty work until released for full duty or until the maximum light duty period expires pursuant to city policy. 9 ARTICLE XII GENERAL PROVISIONS CONCERNING LEAVE A. ABSENT WITHOUT APPROVAL An employee who is absent from duty without approval shall receive no pay for the duration of the absence and, unless there is a legitimate reason for the absence, shall be subject to disciplinary action, which may include dismissal. B. AUTHORIZED LEAVE FORMS For all leave except medical leave, a written request on an authorized form, indicating the kind of leave, duration and dates of departure and return, must be approved prior to the taking of the leave. Unless an absence is substantiated by notation on an authorized form approved by the supervisor, an employee shall not be paid for any absence from scheduled work hours. C. LEAVE COVERED BY FMLA Employees who anticipate taking leave governed by the FMLA are required to provide written notice of their intent as set forth in the City’s FMLA Policy. ARTICLE XIII PENSION RETIREMENT PLAN The City agrees that the employees covered under this agreement are covered under the pension plan as provided by state statutes, as amended. ARTICLE XIV FITNESS FOR DUTY The City maintains the right to test for fitness for duty. ARTICLE XV RATES OF PAY FOR WORK PERFORMED The rates of pay for work performed under this agreement shall be: A. 2011 - 2012 FISCAL YEAR Rates of pay from October 1, 2011 through September 30, 2012, for work performed in the various classes of work under this agreement shall be as shown on the new pay plan, attached hereto as Exhibit “A” and shall take effect the first full pay period of October 2011. For each fiscal year, the new rate of pay as outlined in Exhibit “A” and for the following fiscal years once the salary adjustment is implemented, said new rate of pay and the salary adjustment shall take 10 effect during the first full pay period in the month of October. Employee’s wages will be frozen until such time they are eligible for their annual employee evaluation. With a satisfactory evaluation they will be placed in the next closest step that does not move their pay backwards in the nine step pay scale. B. 2012 – 2013 FISCAL YEAR Effective in the first full pay period of October 2012, Steps 1 through 9 of the pay ranges for police officer and police sergeant shall be adjusted by a salary adjustment of 1.75%. See Exhibit “B”. C. PAY STEP UPON DEMOTION An employee who fails to satisfactorily perform the duties of a classification into which he/she has been promoted may be demoted to the classification from which promoted. Such employee shall return to the same pay step held prior to promotion with the same regular status held prior to promotion. D. COMPENSATORY TIME In lieu of payment for overtime hours worked, the employee may elect to take compensatory time off. One and one-half (1½) hours of compensatory time shall be credited for each overtime hour worked. Unused accumulated compensatory time may be converted to overtime pay only upon termination of employment unless otherwise authorized by the Chief of Police. Compensatory time may not be used on a holiday. Compensatory time may be accumulated up to eighty-five (85) hours annually (56.67 actual hours worked) with the year commencing October 1. All compensatory time that is not used prior to the last pay period before September 30th of each year shall be paid out in cash to the employee at the regular hourly rate for the hours left in the compensatory time bank. The pay-out for the unused compensatory time shall occur in the last full pay period prior to or on September 30th, if September 30th is the last pay period of said year. It shall be permissible to use less than eight (8) hours at a time. Compensatory time shall be used only with the approval of the Chief or the Chief’s designated representative. Compensatory time must be recorded through the City payroll system. ARTICLE XVI PAY PLAN STRUCTURE A. ADMINISTRATION OF PAY SCHEDULE 1. Officers and Sergeants will be considered for pay schedule step increases upon receiving satisfactory performance appraisals with said step increases to be effective on the first day of the pay period following the event for change according to the following schedule: Step 1. Entry level; 11 Step 2. Upon successful completion of twelve (12) months of service in step 1 of the job classification and upon receiving a satisfactory performance appraisal; Step 3. Upon successful completion of twelve (12) months of service in step 2 of the job classification and upon receiving a satisfactory performance appraisal; Step 4. Upon successful completion of twelve (12) months of service in step 3 of the job classification and upon receiving a satisfactory performance appraisal; Step 5. Upon successful completion of twelve (12) months of service in step 4 of the job classification and upon receiving a satisfactory performance appraisal; Step 6. Upon successful completion of twelve (12) months of service in step 5 of the job classification and upon receiving a satisfactory performance appraisal; Step 7. Upon successful completion of twelve (12) months of service in step 6 of the job classification and upon receiving a satisfactory performance appraisal; Step 8. Upon successful completion of twelve (12) months of service in step 7 of the job classification and upon receiving a satisfactory performance appraisal; Step 9. Upon successful completion of twelve (12) months of service in step 8 of the job classification and upon receiving a satisfactory performance appraisal; 2. An employee who is promoted shall be placed in the step of the new pay grade that insures at least a three percent (3%) increase in pay. Upon successful completion of the six (6) month introductory period in the new position and upon receiving a satisfactory performance appraisal, an employee shall move to the next step in the pay scale. 3. The Mayor may evaluate the manner of performance of any employee, all employees, or any portion of the employees at any time during such employees’ service. Any adjustments in the pay of such evaluated employees, including introductory employees’ step adjustments, shall be effective on the first day of a pay period falling on or immediately after such adjustment. 4. Employees, prior to advancing in step or grade, shall be evaluated using the City’s performance appraisal system. Such appraisal shall take place yearly. Should an employee receive an appraisal indicating unsatisfactory performance, that employee will not receive an increase in pay, other than increases in pay lines for each classification. 12 5. In no case shall any employee be advanced beyond the maximum rate of the pay grade for his/her class of position. B. INTRODUCTORY PERIOD As set forth in the Nebraska Civil Service Act and the Grand Island Civil Service Commission Rules and Regulations, no appointment, employment, or promotion in any position in the service shall be deemed complete until after the expiration of one year after certification by the Nebraska Law Enforcement Training Center for police officers. ARTICLE XVII EMPLOYEE RELATIONS A. GENERAL Every employee in the police division shall fulfill conscientiously the duties and responsibilities of his/her position. Every employee shall conduct himself or herself at all times in a manner which reflects credit on the service. Every employee shall be impartial in all official acts and shall in no way endanger nor give occasion for distrust of his/her impartiality. B. MEMBERSHIP IN F.O.P. The parties hereby agree that no officers, agents, representatives, members, or anyone connected with either party shall in any manner intimidate, coerce, restrain, or interfere with the rights of employees to form, join or assist labor organizations, or to refrain from any of these activities, including the right of employees to withdraw, revoke or cancel F.O.P. membership. C. DISCIPLINARY ACTION 1. Cause: Cause for disciplinary action against any employee shall include any cause so specified in the Employee Personnel Rules of the City of Grand Island, the Police Department Policy and Procedures Manual and the rules and regulations of the City Civil Service Commission. 2. Reprimand: The Police Chief or designated representative may reprimand any employee for cause. Such reprimand may be in writing and addressed and presented to the employee who will initial receipt. A signed copy shall be delivered to the Mayor’s office for inclusion in the employee’s personnel file. The employee may submit an explanation or rebuttal. 3. Civil Service: It is agreed by the parties that all applicable provisions of the Rules and Regulations of the Grand Island Civil Service Commission are hereby made part of this agreement and by this reference made part hereof. It is the policy of the City of Grand Island to provide a system of progressive discipline which affords an opportunity for the resolution of unsatisfactory employee performance or 13 conduct. Such system shall include an appeal procedure to assure the equitable and consistent application of discipline. Discipline may begin with the least severe disciplinary action and progress, if necessary, to more severe actions. However, the severity of the incident may warrant any level of initial disciplinary action. ARTICLE XVIII GRIEVANCE PROCEDURE A. PROCEDURE An alleged grievance arising from an employee shall be handled in the following manner: A grievance for the purpose of the agreement refers to a question of interpretation, application, and meaning of the terms of the labor agreement between the City and the F.O.P. Employees shall raise and thoroughly discuss any matters of disagreement with their immediate supervisor in order to informally resolve as many matters as possible. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, the act or acts of commission, the time and place of the act of commission or omission, the identity of the party or parties who claim to be aggrieved, the provisions of this agreement that are alleged to have been violated and the remedy which is sought. In the event that satisfactory settlement is not or cannot be reached after the matter has been informally raised with the immediate supervisor, the following procedure shall be used in submission of a grievance. 1. First Step – Any employee who believes that he/she has a justifiable request or grievance shall discuss the request or complaint within five (5) calendar days with the Captain, with or without the F.O.P. representative being present, as the employee may elect, in an attempt to settle the same. If a grievance or request has not been satisfactorily resolved in Step One, it may be presented in writing and proceed to Step Two only if the F.O.P. representative determines that it constitutes a meritorious grievance. A grievance to be considered beyond Step One must be filed in writing with the Police Chief on the form provided by the City. 2. Second Step – The Police Chief shall consider the grievance and notify the employee in writing within seven (7) calendar days after receipt of the grievance. 3. Third Step – If the grievance is not settled to the satisfaction of the employee, the employee or employee’s representative shall present it in writing to the Mayor of the City or the Mayor’s designated representative within seven (7) calendar days 14 after the decision of the Police Chief. The Mayor or designated representative shall notify the employee of the decision made and of any action taken within ten (10) calendar days after receipt of the grievance. 4. Fourth Step – If the grievance is not settled to the satisfaction of the employee, he/she may appeal, within ten (10) days after receipt of the City’s decision to a court of competent jurisdiction. The grievant may use vacation leave to prepare or present the case. Nothing in this agreement shall prevent the grievant from including in his or her petition a prayer for remuneration for time expended in the preparation, trial, or other time lost relating to grievance under consideration. B. GENERAL CONDITIONS All grievances shall be presented by the employee in person. The employee shall not be paid for any time used to present a grievance. An employee must obtain the permission of the immediate supervisor before leaving the job to present a grievance. (None of the above precludes the possibility of meetings at any step of the grievance procedure among the parties involved to discuss the issues and to attempt to settle them at that step). Nothing in the foregoing provisions shall be construed to apply to the extent, if any, that such provisions may become in conflict with a duly enacted statute of the state or a decision of the court of competent jurisdiction. The time limits provided in this Article shall be strictly construed and the failure of any moving party to meet the time limits listed in this Article relative to the processing of the grievance shall constitute an unconditional acceptance of the remedy promulgated at the last step, or constitute a rescission of the act giving rise to the grievance, whichever is appropriate. ARTICLE XIX OTHER BENEFITS A. MEDICAL, DENTAL AND LONG TERM DISABILITY INSURANCE The City agrees to provide medical, dental and long-term disability insurance during the term of this agreement for the employee and the employee’s dependents. For all levels of coverages the employees shall contribute sixteen percent (16%) of the premium for the first year of the contract. For the duration of the contract, the co-pay of premium percentages for the membership of the FOP shall be the same as is used for the non-union city employees of the City of Grand Island, which premium may be increased but shall not exceed eighteen percent (18%) of the premium. B. LIFE INSURANCE The City will provide a fifty thousand ($50,000.00) life insurance policy for the employee. Such policy contains an option allowing the employee to purchase additional insurance. The premium for the optional insurance shall be paid by the employee. 15 C. DISCONTINUANCE OF INSURANCE 1. Except as provided under the City’s Family and Medical Leave Act (FMLA) Policy, or otherwise as required by law, an employee who is on a leave of absence without pay will be removed from coverage under the City’s hospitalization, dental and medical insurance plan on the first day of the month following the effective date of the leave and shall remain off the City’s plan for the duration of said leave of absence. Upon expiration of such leave and upon return of the employee to active duty, he or she will receive coverage on the first day of the month following his/her return. If the leave of absence is not covered by the FMLA policy, the employee shall have the option of retaining coverage under the City’s hospitalization, dental and medical insurance plan if the employee pays one-hundred percent (100%) of the premium cost during an approved leave of absence. 2. The employee will be required to pay the premium on the life insurance policy during any leave of absence. The employee shall pay both the City’s premium and employee’s premium, if any, during this period. D. UNIFORM ALLOWANCE The City shall provide for new employees covered under this contract upon hire, uniform items consisting of: two long sleeved shirts; two short sleeved shirts; two pairs of pants; one winter coat and body armor. New hires shall be allowed to receive from the city, a loan for the amount needed to buy the required uniform and equipment not to exceed $600.00 in addition to what is provided by the City at zero percent (0%) interest rate, with the loan to be repaid from the uniform allowance in its entirety until the loan is repaid in full. All employees covered by this agreement shall be designated as uniformed officers for the City. The City shall provide a uniform allowance to be paid at the rate of Twenty Five Dollars ($25.00) per pay period per employee. The City shall provide to each employee covered by this agreement: brass, handcuffs, whistle, nightstick, case, flashlight, batteries for flashlight, a weapon, ammo clips and a belt. The City shall replace body armor for each officer upon the fa ilure of their body armor. A rotating schedule of replacement shall also be set up so that the body armor shall be replaced one time every five years by the City. The body armor shall be worn at all times by the employees while on duty unless a specific duty assigned, shall not require that the body armor be worn, and such exception to the mandatory wearing of body armor shall be signed specifically by the Chief of Police. E. TUITION AND BOOK REIMBURSEMENT PROGRAM Tuition and book reimbursement shall be available, subject to the following restrictions, for the purpose of enhancing the knowledge and skills of employees to better perform their current duties: 16 1. Qualification Process. The determination of whether a request qualifies for the tuition reimbursement program shall be made by the Chief of Police based upon the following considerations: a. Is there budget authority? b. Is the book necessary for said course, job related? c. Is there supervisor approval? d. Is the employee requesting reimbursement eligible for other assistance programs? 2. Approval Process. To receive tuition reimbursement, the employee must submit a “Tuition Request Form”, which shall contain the qualification information discussed above, as well as the employee’s financial request prior to beginning the course. Reimbursement approval is limited as follows: a. Base tuition and necessary books only. No reimbursement shall be allowed for other fees. b. If the employee is eligible for other assistance programs, the City will provide secondary benefits only. 3. Reimbursement Process. Any employee requesting tuition reimbursement shall submit a grade report indicating a “B” or higher, and the tuition request form to the Chief of Police for inclusion in the next payroll period. 4. Service Requirement. Tuition reimbursement is available to regular status employees. 5. Eligibility Requirements. Tuition reimbursement shall be limited as follows: a. Less than two (2) years of service: $ 300.00 b. Two (2) to Five (5) years of service: $ 600.00 c. Five (5) to Ten (10) years of service: $2,000.00 d. Over ten (10) years of service: $3,000.00 Said amounts are to be approved annually from October 1 through the end of the following September. F. CAFETERIA PLAN The City agrees to maintain a pre-tax contribution plan for medical and hospitalization insurance as long as said plan is generally maintained for employees of the City. The employees covered by this contract shall be allowed to utilize said plan. 17 The City also agrees to maintain a cafeteria plan for health care reimbursement and dependent care assistance, and allow the employees covered by this contract to utilize such plan as long as such plan is maintained for city employees of the City of Grand Island. G. EMPLOYEE ASSISTANCE PROGRAM The City agrees to allow the employees covered by this contract access to the Employee Assistance Program, as long as the City maintains such program. ARTICLE XX SENIORITY A. CONTINUOUS SERVICE Seniority sha ll be based on continuous length of service in a classification without a break or interruption; provided, that any suspension for disciplinary purposes, absence on authorized leave with pay, absence on authorized leave without pay, or lay-off for thirty (30) calendar days or less, shall not constitute a break of interruption of service within the meaning of this Article. B. DATE OF ENTRY Seniority shall commence from the date an employee enters a classification. C. LIST A list of employees arranged in order of seniority by classification shall be maintained and revised and updated as is necessary. D. SAME DATE OF ENTRY Where two or more employees in the same classification were appointed on the same date, their seniority standing shall be determined by the Police Chief at that time and the individuals so notified. E. SHIFT VACANCY ASSIGNMENT Seniority shall be a primary consideration in granting employees preference relative to shift assignments when filling a vacancy. It is understood that the Chief of Police, in the best interests of the operation of the Police Department, shall retain all authority to make assignments as required to properly staff the Police Department and may reassign an officer to another shift. F. HIGHER CLASSIFICATION PREFERENCE When two or more employees are promoted to a new classification from different classifications, the employee promoted in the higher classification shall be senior. 18 G. DAYS OFF VACANCY ASSIGNMENT Seniority shall be a consideration in the assigning of days off when filling a classification vacancy. Seniority shall not be used to change established work schedules. ARTICLE XXI BILINGUAL PAY Eligible employees proficient in an approved second language shall be paid One Thousand Dollars ($1,000.00) per calendar year, such pay to be included in the second paycheck in November. The Chief of Police shall determine which languages are “approved” based upon the needs of the department as they relate to the population make-up of Grand Island. A test shall be developed by the Human Resources Department to test the proficiency of the employee in each approved language before an employee is eligible for bilingual pay. ARTICLE XXII HEALTH INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to aid in obtaining health and dental insurance. ARTICLE XXIII SAFETY COMMITTEE A. MEMBERS There shall be a joint committee established, effective the date of ratification of this agreement, consisting of three (3) representatives of the City and three (3) members of the bargaining unit selected by the F.O.P. who shall, at regular intervals, meet to discuss safety problems, and if necessary, tour the premises. The first chairperson of said committee shall be a member of the F.O.P., said position thereafter to rotate annually between the City and the F.O.P. B. SUBJECTS All questions relating to safety, including equipment and procedures shall be considered proper subjects for discussion. C. COMMON CONCERN It is agreed by the parties that the question of safety is a common concern and to this end the parties agree to use all reasonable means of protecting the health and welfare of all employees. 19 D. ADMINISTRATIVE REVIEW The recommendations of the safety committee shall be forwarded to the Chief of Police for review and consideration. The Chief of Police shall provide a response to such recommendations to both the Chief Administrative Officer of the City and the members of the safety committee within twenty (20) working days of receipt of the recommendation. An additional ten (10) working days will automatically be granted upon written request for additional time to respond. If no response has been made after the additional ten (10) days has elapsed, an F.O.P. representative on the committee may directly contact the Chief Administrative Officer for further action. ARTICLE XXIV MANAGEMENT RIGHTS A. COLLECTIVE BARGAINING The City has endorsed the practices and procedures of collective bargaining as an orderly way to conduct its relations with this group of employees, provided, that the City, acting through its chief administrative officer of the City, retains the right to effectively operate in a reasonable and efficient manner to serve the best interests of all the citizens of the City. B. RESERVED RIGHTS Except where limited by express provisions elsewhere in this agreement, nothing in the agreement shall be construed to restrict, limit, or impair the rights, powers and the authority of the City as granted to it under the laws of the State of Nebraska and City ordinances. These rights, powers and authority include, but are not limited to the following: 1. Discipline or discharge for cause whether arising under this agreement or City work rules. 2. Direct the work force. 3. Hire, assign or transfer employees. 4. Determine the mission of the City. 5. Determine the methods, means, number of personnel needed to carry out the City’s mission. 6. Introduce new or improved methods or facilities. 7. Change existing methods or facilities. 8. Relieve employees because of lack of work. 9. Contract out for goods or services. 20 10. The right to classify jobs and to allocate individual employees to appropriate classifications based upon duty assignments. The City will not abolish or change any bargaining unit classifications for the purpose of depriving the bargaining unit employees of their benefits under this agreement. C. SCOPE OF NEGOTIATIONS The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is, or may be, subject to collective bargaining. D. MATTERS NOT SPECIFICALLY MENTIONED Any and all matters not specifically mentioned in this agreement are reserved to the City. Such matters reserved to the City shall not be subject to grievance proceedings or negotiation during the life of this contract. E. CHIEF ADMINISTRATIVE OFFICER All industrial relation functions of the City shall be handled by the chief administrative officer of the City or designated representative. The F.O.P. agrees that it shall deal with the City only through the chief administrative officer of the City or designated representative. ARTICLE XXV GENERAL PROVISIONS A. F.O.P. CREDENTIALS No representative of the F.O.P. shall be permitted to come on any job site of the City for any reason without first presenting his/her credentials to the chief administrative officer of the City, Police Chief, or authorized representative, and obtaining permission. B. F.O.P. SOLICITATION The F.O.P. agrees that it or its members will not solicit membership in the F.O.P. or otherwise carry on F.O.P. activities during working hours or on City property, except with the written permission of the police Chief and or City Administrator. C. DISCRIMINATION The City agrees not to discriminate against any employee on the basis of race, creed, color, sex, age or national origin, as provided by law. 21 D. F.O.P. INTERFERENCE The City and the F.O.P. agree not to interfere with the right of employees to become or not to become members of the F.O.P., and further that there shall be no discrimination or coercion against any employee because of F.O.P. membership or non-membership. E. FOP BULLETIN BOARD The City shall permit the FOP to use one bulletin board designated by the Chief of Police for posting of FOP meetings and elections, reports of FOP committees and other notices or announcements that would be of benefit or of interest to the employees. Posted materials shall not contain anything discriminatory or reflecting adversely upon the City or any of its employees. Any violation of this provision shall entitle the City to cancel immediately this provision of this Article and prohibit the FOP’s further use of the bulletin board. ARTICLE XXVI STRIKES AND LOCKOUTS A. STRIKES Neither the F.O.P. nor any officers, agents, or employees will instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work or any other intentional interruption of the operations of the City, regardless of the reason for so doing. The F.O.P. shall attempt in good faith at all times to keep its members on the job during periods of negotiations and hearings for the settlement of grievances. If employees strike or in any manner slow down or stop work without F.O.P. authorization, the F.O.P. shall notify the City of the facts involved with the incident. Any or all employees who violate any of the provisions of this Article without F.O.P. sanction may be summarily discharged or disciplined by the City. Such discharge or discipline shall not be subject to grievance proceedings under any circumstances. B. LOCKOUTS The City will not lock out any employee during the term of the agreement as a result of a labor dispute with the F.O.P. ARTICLE XXVII DURATION OF CONTRACT A. EXPIRATION This agreement shall be effective upon signature by both parties hereto, October 1, 2011 and shall continue in effect until midnight, September 30, 2013. If a new and substitute agreement has not been duly entered into prior to the expiration date, all economic terms of the agreement shall continue in full force and effect unless modified in accordance and by implementation of the final offer of the City, or until a new agreement is reached, the Nebraska 22 Commission of Industrial Relations (CIR) has made a determination, or the Nebraska Supreme Court has made a decision on appeal from any CIR decision, whichever of the above may be the first to occur. B. NEGOTIATIONS FOR NEW AGREEMENT The F.O.P. will contact the City to begin negotiations for a new agreement to take effect upon the termination of this agreement may begin any time after January 1, 2013 but no later than February 1, 2013 and must be completed by May 30, 2013 for budget preparation purposes. C. CONTRACT NEGOTIATIONS Upon notification by either party, the parties shall mutually agree upon the time and place for the first negotiating session. Subsequent sessions shall be set by mutual agreement. Agreement in the setting of negotiating sessions shall not be unreasonably withheld by either party. ARTICLE XXVIII SEVERABILITY If any of the provisions of this agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statute or ordinances, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement. ARTICLE XXIX SCOPE OF AGREEMENT A. COMPLETE AGREEMENT The parties mutually agree that this agreement constitutes the entire agreement and understanding concerning all proper subjects of collective bargaining for the duration of the agreement between the parties and supersedes all previous agreements. This agreement shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties. There are no oral agreements nor is this agreement based upon any oral representation covering the subject matter of this agreement. B. INTERPRETATION This agreement has been executed in accordance with the statutes and the laws of the State of Nebraska and the United States of America, and any dispute, disagreement, or litigation arising under this agreement shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. 23 C. NEGOTIATIONS The parties agree that the negotiations preceding the signing of this agreement included negotiations on all proper subjects of bargaining and that all negotiations were conducted in accordance with all applicable federal and state requirements. ARTICLE XXX C.I.R. WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the F.O.P., on behalf of all of its members, hereby knowingly, intelligently, and voluntarily waives its right to file any proceedings with the Nebraska Commission of Industrial Relations alleging lack of comparability with respect to any wages, fringe benefits or any other conditions of employment with respect to the time period between October 1, 2011 through September 30, 2013. The parties specifically agree that this waiver does not pertain to claims, actions, or suits brought pursuant to Neb. Rev. Stat. §48-824 and §48-825. ARTICLE XXXI NON-DISCRIMINATION A. PROHIBITION OF DISCRIMINATION All provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to sex, race, religion, color, creed, protected age, disability, veteran status, national origin, political affiliation, union or non-union membership. B. GENDER REFERENCES All references to employees in this agreement designate both sexes, and whenever the male or female gender is used, such term shall be construed to include both male and female employees. C. A.D.A. COMPLIANCE In order to allow the City to deal directly with disabled employees and to maintain confidentiality as required by the Americans with Disabilities Act, the Union hereby waives its right to object to the City’s good faith efforts to comply with the Americans with Disabilities Act with respect to employees in the bargaining unit. This waiver shall include, but is not limited to, the City’s direct dealing with employees in the bargaining unit with respect to accommodations, and the obligation of the City to maintain confidentiality with respect to medical conditions or medical histories of employees in the bargaining unit. 24 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the _____ day of __________________, 2011. GRAND ISLAND LODGE NO. 24 OF THE FRATERNAL ORDER OF POLICE, By: ________________________________________________ Jarret Daugherty, President, Lodge No. 24 CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By: ________________________________________________ Jay Vavricek, Mayor Attest: ________________________________________________ RaNae Edwards, City Clerk POLICE OFFICER Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 17.8037 18.5650 19.3590 20.1868 21.0501 21.9502 22.8889 23.8677 24.8884 6005 BiWeekly 1,424.30 1,485.20 1,548.72 1,614.94 1,684.01 1,756.02 1,831.11 1,909.42 1,991.07 Monthly 3,085.98 3,217.93 3,355.56 3,499.04 3,648.69 3,804.71 3,967.41 4,137.08 4,313.99 Annual 37,031.80 38,615.20 40,266.72 41,988.44 43,784.26 45,656.52 47,608.86 49,644.92 51,767.82 POLICE SERGEANT Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 6010 Hourly 22.2831 23.1779 24.1087 25.0769 26.0839 27.1314 28.2209 29.3542 30.5330 BiWeekly 1,782.65 1,854.23 1,928.70 2,006.15 2,086.71 2,170.51 2,257.67 2,348.34 2,442.64 Monthly 3,862.41 4,017.50 4,178.85 4,346.66 4,521.21 4,702.77 4,891.62 5,088.07 5,292.39 Annual 46,348.90 48,209.98 50,146.20 52,159.90 54,254.46 56,433.26 58,699.42 61,056.84 63,508.64 EXHIBIT A October 10, 2011 1.75% POLICE OFFICER Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 18.1153 18.8899 19.6978 20.5401 21.4185 22.3343 23.2895 24.2854 25.3239 6005 BiWeekly 1,449.22 1,511.19 1,575.82 1,643.21 1,713.48 1,786.74 1,863.16 1,942.83 2,025.91 Monthly 3,139.98 3,274.25 3,414.28 3,560.29 3,712.54 3,871.27 4,036.85 4,209.47 4,389.47 Annual 37,679.72 39,290.94 40,971.32 42,723.46 44,550.48 46,455.24 48,442.16 50,513.58 52,673.66 POLICE SERGEANT Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 6010 Hourly 22.6731 23.5835 24.5306 25.5157 26.5404 27.6062 28.7148 29.8679 31.0673 BiWeekly 1,813.85 1,886.68 1,962.45 2,041.26 2,123.23 2,208.50 2,297.18 2,389.43 2,485.38 Monthly 3,930.01 4,087.81 4,251.97 4,422.73 4,600.33 4,785.08 4,977.22 5,177.10 5,384.99 Annual 47,160.10 49,053.68 51,023.70 53,072.76 55,203.98 57,421.00 59,726.68 62,125.18 64,619.88 EXHIBIT B October 8, 2012 Approved as to Form ¤ ___________ June 24, 2011 ¤ City Attorney R E S O L U T I O N 2011-161 WHEREAS, an employee group at the City of Grand Island’s Police Department is represented by the Fraternal Order of Police #24, and WHEREAS, representatives of the City and Fraternal Order of Police, #24 met to negotiate a labor agreement, and WHEREAS, an agreement was reached with the employee group and a labor agreement has been presented to City Council for approval, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayo r is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Fraternal Order of Police #24, for the period of October 1, 2011 through September 30, 2013. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on June 28, 2011. ________________________ Jay Vavricek, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Item I5 #2011-162 - Consideration of Approving a Resolution Authorizing the Operation of the City Dewatering Wells Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: John Collins, Public Works Director Meeting: June 28, 2011 Subject: Approving a Resolution Authorizing the Operation of the City Dewatering Wells Item #’s: I-5 Presenter(s): John Collins, Public Works Director Background On December 21, 1998 the City entered into an agreement with the Central Platte Natural Resources District (CPNRD), which provided for the installation of test and monitoring wells. These wells were placed in the following areas, Cambridge Road, Sun Valley Avenue, and Phoenix Avenue, and allowed for studying the success of lowering groundwater levels. Olsson Associates was the consulting engineering firm selected to conduct the study. The study recommended the installation of a series of vertical wells and a pipeline to carry the water to the Platte River. The study was completed in September 2000 and estimated the cost for the construction at $13,063,000, with an annual cost to amortize these improvements at $1,233,100. The annual operation and maintenance costs were estimated at $341,000. The agreement dated, December 21, 1998, transferred ownership to the City upon termination, stating: “All personal property and fixtures acquired and used in the demonstration project shall be owned by the District. In the event the demonstration project is terminated and is no t superseded by a permanent dewatering project any remaining equipment and fixtures shall become the property of the City….” The agreement places liability on the City, stating: “All cost of removal of the equipment and fixtures and abandonment and capping of wells shall be part of the actual expenses subject to reimbursement by the City …” The City Council authorized this demonstration project for a period not to exceed 36 months, as stated in the agreement: “The Interlocal Cooperation Agreement shall remain in full force and effect during the term of the demonstration project, this being a period not to exceed thirty-six (36) months from the date of execution by the City and District.” The agreement further stated: “In the event the City and District mutually agree that the demonstration project is successful and beneficial for the City and District, the Interlocal Cooperation Agreement may remain in full force and effect pursuant to amendment to be approved and adopted by the parties until superseded by a permanent dewatering project of some nature.” The only amendment made dealt with hiring a consultant, and reiterated the 36 month time limit. When approving the resolution to approve the report, the City Council deleted 3 paragraphs and part of a fourth to avoid giving any hint that the Council was approving any implementation of the Study’s recommendations. Note that there were several letters published in the Independent indicating that this project was somewhat controversial. Comments attached to the 2007/2008 Dewatering Well Citizen Survey also indicate that this was controversial. The language of the agreement set a 36 month limit on Public Works for operating these wells, and Council authorization was required to continue beyond the 36 months. For this reason, only specifically granting authorization would have allowed this activity to continue. Public Works was advised by the Legal Department that without authorization activities should cease. The issue of authorization was presented at the June 7, 2011 Council Study Session, where most of the discussion centered on the benefits of dewatering wells, which was not in question. Villa Mar Dee Avenue was installed to dewater the area so that water and sewer lines could be constructed, and was meant to be temporary. We can find no records on the installation of the Nevada Avenue well. Authorization is not needed for Public Works to operate these wells, but they are included so that a consistent operations policy can be implemented. Note that Public Works has received a number of calls from groups interested in having the City operate their wells. Discussion The issue of the City operating these wells was presented at the June 7, 2011 Study Session. For the Public Works Department to be in compliance a resolution must be approved, authorizing the City to fund these wells if that is the desire of the City Council. 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 – note that this is equivalent to directing Public Works to discontinue 5. Direct Public Works to establish Dewatering Districts to fund these facilities 6. Direct Public Works to transfer these facilities to a party within each well’s cone of influence. Recommendation City Administration recommends that the Council take action on the resolution authorizing funding of the City dewatering wells. Sample Motion Move to approve the resolution. INTEROFFICE MEMORANDUM From the Public Works Department Working Together for a Better Tomorrow, Today. DATE: June 22, 2011 TO: John Collins FROM: Terry Brown RE: Dewatering Wells replacement costs This memo addresses the cost associated with replacement of the 5 dewatering wells installed by the Central Platte NRD for the groundwater dewatering study. The wells were installed in 1999 and were 5 hp submergible pumps typical to the temporary dewatering wells used during underground utility work. The expected life of a submergible pump is approximately 10-15 years. Public Woks Engineering would assume these wells would need to be replaced and updated to more of a comparable well and pump already found within Public Works. At least two of the wells would need to be relocated to provide legal access for maintenance and installation. The replacement wells , with a much longer lifespan and higher energy efficiency, would consist of a 15 hp turbine pump with 16” casing piping. The estimated costs for replacement range between $19,000 to $26,000 for each well. The following table illustrates the three different well installation costs: Quote #1 Quote #2 Quote #3 16” casing; 60’ $47.00’ $50.00’ $70.00’ Mobilize $500.00 $750.00 $2,000.00 6” Turbine 15-20 hp $10,750.00 $8,450.00 $12,000.00 Pump Panel $500.00 $500.00 $500.00 Register/Permit $200.00 $230.00 $200.00 Decommission Exist. $500.00 $600.00 $1,000.00 10% Electrical $1,500.00 $1,350.00 $1,990.00 OmniSite Crystal Ball $3,350.00 $3,350.00 $3,350.00 5% Contingency $840.00 $750.00 $1,100.00 Total $20,960 $18,980 $26,340 The wells installed for the CPNRD study had a very basic on/off control panel which would need to be upgraded to a municipal control/tracking remote management system. An OmniSite Crystal Ball remote wireless system would cost $3,350 per well. This system would allow the Public Works Department to control and monitor the operation of the dewatering wells at all times. An additional annual $276 per well ($1,380 total for 5 wells) for data service would need to be included. To help monitor the groundwater levels and help determine the controls of the dewatering wells, the Public Works Department would recommend adding remote monitoring to 12 of the 39 monitoring wells in the city. A solar power remote recording unit is estimated to cost $6,550 for a total of $78,600 for the twelve monitoring locations. The annual data service would be estimated at $240 for twelve monitoring locations. At least two of the existing dewatering wells discharge groundwater to unlined dra inage ditches. An estimated 5,800 lf of drainage ditches would need to be lined to help with maintenance of the ditches because of the continued flow of water. An estimated amount for the concrete lin ing would be $220,000. The electrical service bill annual range for these wells depends on the duration of time they are in use. An estimated cost based on the last 5 year utility records would range between $10,000 to $17,000 per year for the five wells . Total replacement costs: $100,000 for 5 replacement wells $80,000 for monitoring well upgrades $220,000 for concrete lining of drainage ditches $400,000 Annual operational costs: $520 annual cost for data service $10,000 to $17,000 annual cost for electrical service *Annual Maintenance has not been included PUBLICWORKSDewatering Well Program PUBLICWORKS PUBLICWORKSBenefitDewatering wells are beneficial to all within the cone of influence.Dewatering wells may be beneficial to some outside the cone of influence; but this will be inconsistent.the cone of influence; but this will be inconsistent.A single dewatering well does not have a significant affect much beyond the cone of influence, and cannot dewater the entire City.*Note that the subject 5 wells dewater 171 properties, with some additional benefit to an additional 182. PUBLICWORKSConcernsDewatering without proper drainage may move the water issue to other properties.Dewatering in some locations may pull ground water contamination toward the well.contamination toward the well.*Note that there are no known issues with the subject wells at this time. PUBLICWORKSPurposeThere is no question that dewatering is beneficial to those within its cone of influence.Only Authorizationis in question. PUBLICWORKSAuthorizationDecember 21, 1998 agreement with the NRD established a 36 month limit; stating:“The Interlocal Cooperation Agreement shall remain in full force and effect during the term of the in full force and effect during the term of the demonstration project, this being a period not to exceed thirty-six (36) months from the date of execution by the City and District.” *Note that the only amendment reiterated this 36 month limit. PUBLICWORKSCouncil ActionWhen approving the resolution to approve the report, the City Council deleted 3 paragraphs and part of a fourth to “avoid giving any hint that the Council was approving any implementation of the Study’s approving any implementation of the Study’s findings.” PUBLICWORKSOwnershipThe NRD retained ownership until the conclusion of the project:“All personal property and fixtures acquired and used in the demonstration project shall be owned by the in the demonstration project shall be owned by the District. In the event the demonstration project is terminated and is not superseded by a permanent dewatering project any remaining equipment and fixtures shall become the property of the City….” PUBLICWORKSLiabilityDisposal is the responsibility of the City:“All cost of removal of the equipment and fixtures and abandonment and capping of wells shall be part of the actual expenses subject to reimbursement by of the actual expenses subject to reimbursement by the City …” PUBLICWORKSExpectationThere was an expectation that either a City wide dewatering program would be established or that the wells would be removed (see Liability quote).“In the event the City and District mutually agree that “In the event the City and District mutually agree that the demonstration project is successful and beneficial for the City and District, the Interlocal Cooperation Agreement may remain in full force and effect pursuant to amendment to be approved and adopted by the parties until superseded by a permanent dewatering project of some nature.” PUBLICWORKSInstallationCambridge Road, Sun Valley Avenue, and Phoenix Avenue, were installed as part of the NRD contract.Villa Mar Dee Avenue was installed to dewater the area to accommodate water and sewer line area to accommodate water and sewer line construction, and meant to be temporary. The origin of the Nevada Avenue is uncertain.*Note that the wells at Villa Mar Dee and Nevada do not require authorization, but were included for operational consistency. PUBLICWORKSOperationThe City has operated wells at Cambridge Road, Sun Valley Avenue, and Phoenix Avenue without Council authorization since September 2000. PUBLICWORKSDiscussionResolution is for Authorization*Note that the benefit of dewatering is not in question. Approved as to Form ¤ ___________ June 24, 2011 ¤ City Attorney R E S O L U T I O N 2011-162 WHEREAS, on December 21, 1998, by Resolution 98-333, the City of Grand Island approved an agreement with the Central Platte Natural Resources District (CPNRD) for the installation of test wells and monitoring wells for studying the success of the wells at lowering groundwater levels; and WHEREAS, said agreement was amended on October 25, 1999, by Resolution 99-340; and WHEREAS, said agreement specifically limited this endeavor to no more than 36 months; and WHEREAS, in order for these dewatering wells to remain in operation the Public Works Department needs authorization for the funding of the existing dewatering wells. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Public Works Department shall establish a dewatering program to operate, maintain, and repair dewatering wells. The program shall initially consist of facilities located at: · 330 Villa Mar Dee Avenue; and · 4351 Cambridge Road; and · 4255 Nevada Avenue; and · 2513 Phoenix Avenue; and · 910 Sun Valley Drive. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I6 #2011-163 - Approving Bid Award - Uranium Removal System Equipment Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Jason Eley, Asst. City Attorney/Purchasing Meeting: June 28, 2011 Subject: Uranium Removal System Equipment Item #’s: I-6 Presenter(s): Tim Luchsinger, Utilities Director Background In 2003, a new EPA regulation established a Maximum Contaminate Level (MCL) for uranium in drinking water. Uranium is a naturally occurring element in the aquifers of Nebraska and other states across the nation. Implementation of the new MCL began with sampling of the state’s municipal water systems in accordance with the EPA specified testing protocol. Samples of the Grand Island water supply for regulatory compliance were first taken in 2004. The sampling protocol requires testing on a rolling average, quarterly basis with the average of the most recent four tests being the number by which compliance is determined. Sampling and testing of the Grand Island water system thus far show full compliance with the EPA regulation. Uranium is naturally occurring in the aquifer in central Nebraska. Uranium is not an acute concern but rather is a concern over a lifetime of exposure. According to the Neb-Guide from the University of Nebraska, “....uranium in water supplies produces very little radioactivity, the health effects from exposure to uranium are primarily thought to be associated with the chemical properties of soluble uranium. Studies suggest that ingestion of high levels of uranium may be associated with an increased risk of kidney damage…Exposure to soluble uranium in drinking water has not been shown to increase the risk of developing cancer.” The City’s municipal water system is supplied primarily from its Platte River Well Field. This well field is comprised of 21 wells and a pumping station. Testing for State regulatory requirements indicated composite uranium levels to be approaching the Maximum Containment Level (MCL) established by the EPA. Testing of individual wells for uranium has indicated most wells exceed this MCL. To allow use of these wells during high water system demand periods, additional piping was installed in the past year for blending with lower uranium concentration wells. In case uranium levels could be controlled below the new MCL by well blending, the Department, with our consultant for this project, HDR Engineering of Lincoln, had undertaken a more detailed investigation to determine uranium removal methods and evaluate those best suited for the Grand Island system. Factors in the evaluation included; the review of available technologies; amount of uranium removal; capital costs; operational costs; and waste disposal. HDR completed this evaluation of treatment options. The evaluation screened known water treatment methods and focused on coagulation/filtration, ion exchange, and adsorptive media as the most viable options for radionuclide removal. The recommendation of the evaluation was an adsorptive media system, and this was presented at a meeting with Nebraska Health and Human Services, Nebraska Department of Environmental Qua lity, HDR, and City Utilities Staff in attendance. The use of this type of technology has been shown to be very effective in radionuclide removal, but its use has not been used in an application as large as would be required to treat Grand Island’s water demand. The consensus at the meeting was that it may be useful to perform a large scale pilot program on selected wells at the Platte River Well Field. It is anticipated that a full capacity treatment system, if required, would be comprised of several modules the size of a pilot plant, utilization of the pilot plant could be therefore incorporated into the final design solution. Recent testing of uranium concentrations in the wells indicated a trend towards increasing levels, reducing the effectiveness of well blending to reduce overall levels, therefore, based on Department recommendations, the Utilities Department was authorized by Council on February 22, 2011 to proceed with the procurement and installation of the large-scale pilot uranium removal system. Based on the multiple phase structure of the uranium engineering services RFP, HDR was requested to provide a proposal for preparing specifications to issue for bids for an adsorptive media pilot plant. These specifications are for the components and accessories of an integrated treatment system designed to meet specified performance parameters. Discussion Specifications for the Uranium Removal System - Equipment Procurement were advertised and issued for bid in accordance with the City Purchasing Code. The specifications included two pricing elements. Schedule A is the price for furnishing the uranium removal system equipment in accordance with the specifications. Schedule B is the present value cost of providing ten years of maintenance and support for operation of the system, subject to adjustment annually based on the Consumer Price Index. This includes monitoring operation of the system, furnishing replacement treatment media, disposal of spent media at licensed facilities, maintaining compliance with a radioactive materials license, and decommissioning of the system. The price is based on a specified annual quantity of water to be treated, with a unit price for adjustment of water quantities above the specified amount. Two bidders responded as listed below. The engineer’s estimate for this project was $2,500,000 for Schedule A and $7,722,000 for Schedule B. Bidder Bid Price Water Remediation Technology Schedule A: $2,049,050.00 Of Wheat Ridge, Colorado Schedule B: $6,072,966.90 Total A & B: $8,122,016.90 Environgen Technologies Schedule A: $1,852,000.00 Of Kingwood, TX Schedule B: ------- Total A & B: $1,852,000.00 Environgen took exception to providing Schedule B pricing and their bid was not further evaluated as being non-compliant. Utilities staff and HDR reviewed the Water Remediation Technology (WRT) for compliance. WRT included additional bonding not required by the specifications. City legal and utilities staff did not consider the additional bonding to be in the City’s benefit and adjusted the bid price using the bond pricing included in the bid. WRT also proposed an alternative payment schedule, but otherwise had no exceptions. The Utilities Department recommends that WRT be awarded the contract for the Uranium Removal System – Equipment Procurement specifications for the Schedule A adjusted bid price of $1,958,100 and the Schedule B bid price of $6,072,966.90, for a total bid price of $8,031,066.90. Subsequent to awarding the contract for procurement of the uranium removal equipment, Council will be required to consider the following items to complete the uranium removal project. · Detailed engineering services for installation of the uranium removal system · Installation of the uranium removal system · Financing of capital expenditures · Rate increase for annual operating cost of uranium removal system Upon receiving preliminary drawings from the equipment supplier, HDR will provide a not-to-exceed fee to provide detailed engineering to develop plans and specifications to be issued for bid to installation contractors. These specifications will include a building, foundations, and installation of the uranium removal system. The estimate for engineering and installation to complete the uranium removal system is $1,000,000. Discussions for our bond underwriter, Ameritas, have considered several options of dovetailing or refinancing a short-term bond issue with an existing water department revenue bond which is scheduled to mature in 2014. These options would allow the future debt service obligation to remain relatively constant with the current obligation and minimize the capital effects of the uranium removal project to the water department budget. A rate increase will be needed, however, to fund the annual operations portion of the uranium removal system. A preliminary rate increase of 29% had been forecast, but by minimizing the debt service impact and using a contract price lower than the estimate, the current rate increase forecast is 20%. A table of current and projected water rates compared to other Nebraska communities is attached. 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 bid of Water Remediation Technologies of Wheat Ridge, CO in the amount of $1,958,100 for Schedule A and $6,072,966.90 for Schedule B for a total bid of $8,031,066.90. Sample Motion Move to approve the bid of Water Remediation Technologies of Wheat Ridge, CO in the amount of $1,958,100 for Schedule A and $6,072,966.90 for Schedule B for a total bid of $8,031,066.90. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 5, 2011 at 2:00 p.m. FOR: Uranium Removal System – Equipment Procurement DEPARTMENT: Utilities ESTIMATE: $2,500,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: March 31, 2011 NO. POTENTIAL BIDDERS: SUMMARY Bidder: Water Remediation Technology Envirogen Technologies Wheat Ridge, CO Kingwood, TX Bid Security: $102,452.50 Argnaut Insurance Co. Exceptions: None Noted Bid Price: Schedule A: $2,049,050.00 $1,852,000.00 Schedule B: $6,072,966.90 ---- , Total A & B: $8,122,016.90 $1,852,000.00 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Lynn Mayhew, Plant Supt. Karen Nagel, Utilities Secretary P1473 Approved as to Form ¤ ___________ June 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-163 WHEREAS, the City of Grand Island invited sealed bids for Uranium Removal System Equipment Procurement, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 5, 2011, bids were received, opened and reviewed; and WHEREAS, Water Remediation Technologies of Wheat Ridge, CO, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $8,031,066.90; and WHEREAS, the bid of Water Remediation Technologies is less than the estimate for the Uranium Removal System Equipment Procurement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Water Remediation Technologies in the amount of $8,031,066.90 for Uranium Removal System Equipment Procurement, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I7 #2011-164 - Consideration of Selling One-Stop Building Located at 1306 West 3rd Street Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: June 28, 2011 Subject: Request for Approval of a Resolution to Allow City Staff to Prepare a Request for Proposal to Dispose of the Property at 1306 W 3rd Street Item #’s: I-7 Presenter(s): Craig Lewis, Building Department Director Background This is a request to allow City staff to prepare a request for proposal to dispose of the City owned property at 1306 West 3rd. Street. The property was purchased in July of 1996 and most recently was leased to the State of Nebraska Department of Administrative Services. That lease expires June 30, 2011 and no additional lease has been presented to the city for continuing occupancy of the building. Discussion This provides the City an option for addressing the property. Approval of this resolution will allow city staff to prepare a request for proposal and solicit potential purchaser to dispose of the surplus property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution for a request for proposal. 2. Disapprove or /Deny the Request. 3. Modify the resolution to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the resolution and direct staff to prepare a request for proposal to dispose of the surplus property. Sample Motion Move to approve the resolution and direct city staff to prepare a request for proposal to dispose of the surplus city property. Approved as to Form ¤ ___________ June 24, 2011 ¤ City Attorney R E S O L U T I O N 2011-164 WHEREAS, The City of Grand Island owns the property at 1306 W. 3rd Street, Grand Island, Nebraska, and WHEREAS, The current lease agreement with the State of Nebraska Department of Administrative Services, State Building Division will expire on June 30, 2011, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property is hereby declared as surplus property and that City staff is authorized to proceed with a request for proposal to dispose of the property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of June 15, 2011 through June 28, 2011 The Claims for the period of June 15, 2011 through June 28, 2011 for a total amount of $3,641,566.31. A MOTION is in order. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X1 Update Concerning Union Negotiations The City Council may vote to go into Executive Session as required by State law to discuss AFSCME, IAFF, FOP, IBEW (Utilities) (Finance) (WWTP) and (Service/Clerical) Union Negotiations for the protection of the public interest. Tuesday, June 28, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council