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12-22-2015 City Council Regular Meeting Packet City of Grand Island Tuesday, December 22, 2015 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 12/22/2015 Page 1 / 158 City of Grand Island Tuesday, December 22, 2015 Call to Order 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. Invocation - Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue Pledge of Allegiance Roll Call 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. Grand Island Council Session - 12/22/2015 Page 2 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item E-1 Public Hearing on Request to Rezone Property Located at 1325 E. Airport Road from TA Transitional Agriculture to M2 Heavy Manufacturing (Larry & Faye Zmek) Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 12/22/2015 Page 3 / 158 Council Agenda Memo From:Regional Planning Commission Meeting:December 22, 2015 Subject:To rezone properties from TA Transitional Agriculture to M2 Heavy Manufacturing Zone. Presenter(s):Chad Nabity AICP, Regional Planning Director Background A request to rezone approximately 12 acres of land south of Airport Road and east of St. Paul Road from TA Transitional Agriculture to M2 Heavy Manufacturing. The property is was formerly a rendering plant. The owners have accepted an offer on the property that is contingent on rezoning this property to allow a shooting sports store and indoor range. The M2 zoning district would permit those uses. Discussion At the regular meeting of the Regional Planning Commission, held December 2, 2015 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained this request was to rezone approximately 12 acres of land south of Airport Road and east of St. Paul Road from TA Transitional Agriculture to M2 Heavy Manufacturing. The property was formerly a rendering plant. The owners have accepted an offer on the property that is contingent on rezoning this property to allow a shooting sports store and indoor range. The M2 zoning district would permit those uses. Ron DePue spoke briefly on the rezone. O’Neill closed the Public Hearing. A motion was made by Apfel and seconded by Ruge to approve the Rezone request as presented. Grand Island Council Session - 12/22/2015 Page 4 / 158 The motion carried with 9 members present and all voting in favor (O’Neill, Ruge, Maurer, Kjar, Robb, Haskins, Hoggatt, Apfel and Monter) and no member abstaining. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 12/22/2015 Page 5 / 158 Grand Island Council Session - 12/22/2015 Page 6 / 158 Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 13, 2015 SUBJECT:Zoning Change (C-05-2016GI) PROPOSAL:To rezone approximately 12 acres of land south of Airport Road and east of St. Paul Road from TA Transitional Agriculture to M2 Heavy Manufacturing. The property is was formerly a rendering plant. The owners have accepted an offer on the property that is contingent on rezoning this property to allow a shooting sports store and indoor range. The M2 zoning district would permit those uses. OVERVIEW: Site Analysis Current zoning designation:TA – Heavy Manufacturing Permitted and conditional uses:TA Agricultural uses including: raising of livestock, but not confined feeding, raising crops, greenhouses and nurseries and residential uses up to a density of 1 unit per 20 acres. Minimum lot size 20 acres. Comprehensive Plan Designation:Designated for future development as manufacturing. Existing land uses.Vacant Rendering Plant Proposed Zoning Designation M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Adjacent Properties Analysis Current zoning designations:North: M2- Heavy Manufacturing North, East and South: TA- Transitional Agriculture, West: M2- Heavy Manufacturing and LLR-Large Lot Residential Permitted and conditional uses:TA Agricultural uses including: raising of livestock, but not confined feeding, raising crops, greenhouses and nurseries and residential uses up to a density of 1 unit per 20 acres. Minimum lot size 20 acres. LLR –- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. M2 –Heavy Manufacturing - A wide variety of warehousing, Grand Island Council Session - 12/22/2015 Page 7 / 158 storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Comprehensive Plan Designation:North, South, West: Designated for Low to Medium Density Residential. East: Designated for Manufacturing Existing land uses:North, South, and East: Agricultural Uses West: Rail Road, Residential, Auto Salvage Yard EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated Manufacturing uses (typically M1 or M2 zoning). Would allow for expansion or rebuilding of the existing uses: This would allow the property owners to expand or rebuild on this site. Consistent with existing uses: This change is consistent with the existing uses in the area. Some heavier uses are near this to the north but none to the east, south or west. Negative Implications: None foreseen. Other Considerations The this property is already intended for possible manufacturing uses as shown below on the Future Land Use Map for the City of Grand Island. Grand Island Council Session - 12/22/2015 Page 8 / 158 Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan Grand Island Council Session - 12/22/2015 Page 9 / 158 RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from TA-Transitional Agriculture to M2-Heavy Manufacturing as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 12/22/2015 Page 10 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item E-2 Public Hearing on Acquisition of Public Utility Easement for Hall County Sanitary Sewer District 2 (SID 2) [Sinha] Council action will take place under Consent Agenda item G-8. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2015 Page 11 / 158 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 22, 2015 Subject:Public Hearing on Acquisition of Public Utility Easement for Hall County Sanitary Sewer District 2 (SID 2) [Sinha] Presenter(s):John Collins PE, Public Works Director Background At the January 4, 2011 Study Session the City Council was informed of an interest of businesses along US Highway 281 near the Interstate 80 interchange to extend City sanitary sewer to serve their property. On January 11, 2011 City Council approved Mayor Vavricek to sign a “Letter of Intent” to the Nebraska Department of Environmental Quality declaring the City’s willingness to negotiate a public/private project with these businesses to extend City sanitary sewer south along US Highway 281. The May 17, 2011 Study Session provided an update to the City Council regarding several meetings that were conducted between the City and the interested parties. On September 27, 2011 City Council approved Sanitary Sewer District No. 528 in the Wildwood Subdivision. This district provided support for the sanitary sewer extension south along US Highway 281 to Interstate 80. The sanitary sewer extension south along US Highway 281 to Interstate 80 will help to foster growth of the City towards the interstate and provide for future development. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing and approval by the City Council. Public utility easements are needed in the SID 2 project to accommodate public utilities. The easements will allow for construction, operation, maintenance, extension, repair, replacement and removal of public utilities within the easements. This project is funded by the State Revolving Funds (SRF) Project # is C317867. Grand Island Council Session - 12/22/2015 Page 12 / 158 Discussion A permanent easement is needed in this project area. All documents have been signed and returned by the property owner. Authorization of the document is contingent upon City Council approval. Following is a summary of the payment, totaling $1,020.00, for the property. Owner Legal Total DEEPAK SINHA & SUHITA SINHA LOCATED IN PART OF LOT TWO (2), HIGHWAY MOTEL SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT TWO (2), HIGHWAY MOTELS SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N00o08’07”E, ALONG THE WEST LINE OF SAID LOT TWO (2), HIGHWAY MOTELS SUBDIVISION, A DISTANCE OF 651.71 FEET TO THE POINT OF BEGINNING; THENCE N00o08’07”E, CONTINUING ALONG THE WEST LINE OF LOT TWO (2), A DISTANCE OF 90.51 FEET; THENCE N90o00’00”E, A DISTANCE OF 24.79 FEET; THENCE S00o00’23”W A DISTANCE OF 90.51 FEET; THENCE S90o00’00”W A DISTANCE OF 24.99 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 2,253 SQUARE FEET OR 0.05 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRAWING DATED 07/08/14, MARKED EXHIBIT 9 ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. $1,020.00 TOTAL $1,020.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Permanent Easement in the amount of $1,020.00. Sample Motion Move to approve the acquisition of the easement. Grand Island Council Session - 12/22/2015 Page 13 / 158 Grand Island Council Session - 12/22/2015 Page 14 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item F-1 #9569 - Consideration of Request to Rezone Property Located at 1325 E. Airport Road from TA Transitional Agriculture to M2 Heavy Manufacturing (Larry & Faye Zmek) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 12/22/2015 Page 15 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney ORDINANCE NO. 9569 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of the all of Lot One (1) of Wilson’s Subdivision and the adjoining rail road right of way in the Northwest Quarter of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska from TA Transitional Agriculture to M2 Heavy Manufacturing; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island pursuant to the provisions of Sections 36-44 and 36-51; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on December 2, 2015, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on December 22, 2015, the City Council found and determined the change in zoning is consistent with the comprehensive development plan and should be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from TA Transitional Agricultures to M2 Heavy Manufacturing: Lot One (1) of Wilson’s Subdivision and the adjoining rail road right of way in the Northwest Quarter of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska. Grand Island Council Session - 12/22/2015 Page 16 / 158 ORDINANCE NO. 9569 (Cont.) - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Sections 36-44 and 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: December 22, 2015. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 17 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item F-2 #9570 – Consideration of Proposed Changes to the Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 12/22/2015 Page 18 / 158 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:December 22, 2015 Subject:Salary Ordinance Presenter(s):Aaron Schmid, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. The following explains the changes to the salary ordinance. Discussion On January 1, 2016, the Nebraska minimum wage will increase from the current $8.00 per hour to $9.00 per hour. City of Grand Island classifications impacted by this change include; Library Page, Seasonal Worker and Temporary Worker. The minimum wage change has already been accounted for in the 2015-2016 budget. The second item is to rename the Building and Planning Secretary positions to Administrative Assistants. This item was originally mentioned in the 2015-2016 budget planning process with intent to further review and bring back to council at a later date. Reviews of the positions indicate the duties and responsibilities more accurately match those of administrate assistant positions. 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 Grand Island Council Session - 12/22/2015 Page 19 / 158 Recommendation City Administration recommends that the Council approve Salary Ordinance #9570. Sample Motion Move to approve Salary Ordinance #9570. Grand Island Council Session - 12/22/2015 Page 20 / 158 For further information regarding the Nebraska Wage and Hour Act, contact the Nebraska Department of Labor at the following address. Equal Opportunity Program/Employer TDD: 800.833.7352 Auxiliary aids and services are available upon request to individuals with disabilities. 550 South 16th Street, Lincoln, NE 68508, Telephone: 402-471-2239 dol.nebraska.gov NEBRASKA MINIMUM WAGE EXEMPTIONS A. Any individual employed in agriculture; B. Any individual employed as a baby sitter in or about a private home; C. Any individual employed in a bona fide executive, administrative, or professional capacity, or as a superintendent or supervisor; D. Any individual employed by the United States, or by the state or any political subdivision thereof; E. Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization when the employer-employee relationship does not in fact exist or when the services rendered to such organization are on a voluntary basis; F. Apprentices and learners otherwise provided by law; G. Veterans in training under supervision of the United States Department of Veterans Affairs; H. A child in the employment of his or her parent or a parent in the employment of his or her child; or I. Any person who, directly or indirectly, is receiving any form of federal, state, county, or local aid or welfare and who is physically or mentally disabled and employed in a program of rehabilitation, who shall receive a wage at a level consistent with his or her health, efficiency, and general well-being. Effective January 1, 2015 through December 31, 2015 $8.00 Per hour NOTICE TO EMPLOYEES Pursuant to and by virtue of authority vested in it by Chapter 48, Article 12, Sec- tion 48-1201 to 48-1209, Revised Statutes of Nebraska 1943, and Revised Statutes Supplement 2007 it is declared to be the policy of this state to: 1. Establish a minimum wage for all workers at levels consistent with their health, efficiency and general well-being, and 2. Safeguard existing minimum wage compensation standards which are adequate to maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hour standards which do not provide adequate standards of living. MINIMUM WAGE RATES Every employer as defined, shall pay to each employee effective January 1, 2015, wages at the minimum rate As Stated Above. $2.13 Per hour: (to waitresses and waiters) provided that employee’s wages and gratuities equal or exceed applicable rate as stated above. A Training Wage of 75% of the federal minimum wage may be paid to new employees under age 20 for the first 90 consecutive calendar days of employment Upon approval by the Commissioner of Labor, employers may pay the training wage rate for an additional 90 days provided the employee is participating in an on-the-job training program. *Student-learners employed in a bona fide vocational training program may be paid special hourly rates of no less than 75% of the above applicable rates. DEFINITIONS 1. Employ shall include to permit to work. 2. Employer shall include any individual, partnership, limited liability company, association, corporation, business trust, legal representative or any organized group of persons employing four or more employees at any one time except for seasonal employment of not more than twenty weeks in any calendar year, acting directly or indirectly in the interest of an employer in relation to an employee. 3. Employee shall include any individual employed by an employer. 4. Wages shall mean all remuneration for personal services, including commissions and bonuses and the cash value of all remunerations in any medium other than cash. Keep posted in a conspicuous place. Effective January 1, 2016 $9.00 Per hour Grand Island Council Session - 12/22/2015 Page 21 / 158 Printed: 12/16/2015: City of Grand Island Page 1 of 4 Rev. 12/16/2015 Administrative Assistant-Building (1030) Bargaining Unit: IBEW Service/Clerical ADMINISTRATIVE ASSISTANT DEPARTMENT: Building Department CLASSIFICATION: Non-Exempt DIVISION: JOB CLASS: 1030 DEFINITION Perform a variety of responsible, confidential and complex administrative duties for the Building Department; act as liaison between corresponding department and others; and provide information and assistance to the public. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from the Building Department Director. May provide functional or technical supervision over subordinate clerical staff. ESSENTIAL FUNCTIONS Screen calls, visitors, and mail; perform errands for immediate supervisor; respond to sensitive requests for information and assistance; provide general information and assistance to City staff and the public; research information. Participate and assist in the administration of the office to which assigned; research, compile, analyze, and summarize data for special projects and various comprehensive reports; prepare or direct the preparation of various administrative reports; process and check reports for accuracy; send out reports as required. Prepare requisitions; process purchase orders for department; issue purchase orders to vendors; prepare claims for payment. Assist in coordinating municipal activities among two or more City departments or offices; coordinate the flow of paperwork between departmental and divisional levels. Perform a wide variety of complex, responsible, and confidential duties for immediate supervisor; compose and prepare letters, memorandums, bid specifications, travel reimbursement requests, news articles and other material as required by respective department; order and maintain office supplies as required; produce advertising or promotional materials as required. Maintain appointment schedules and calendars; arrange meetings and conferences as required; plan refreshments for meetings and conferences; post notices of public meetings. Initiate and maintain a variety of files and records for information including purchase orders, patron registration, payroll, budget, and personnel records; maintain manuals, update resource materials and departmental roster as required. Attend various meetings; may serve as Secretary to a board or commission; prepare and compile the agenda and Grand Island Council Session - 12/22/2015 Page 22 / 158 Printed: 12/16/2015: City of Grand Island Page 2 of 4 Rev. 12/16/2015 Administrative Assistant-Building (1030) Bargaining Unit: IBEW Service/Clerical assemble background materials; transcribe minutes of the meetings, and perform related support services. Prepare and verify a wide variety of reports, letters, memos and statistical charts; compose general correspondence related to responsibilities assigned. Assist in preparing, coordinating and monitoring the assigned budget; compile annual budget requests; may count and record revenues collected and prepare deposit. Maintain and prepare Departmental monthly billing to licensed contractors. Maintain license registration and insurance certificates for contractors within jurisdiction. Operate a variety of office equipment including a computer; perform routine maintenance on office equipment; input and retrieve data and test; organize and maintain computer information storage and filing. Maintain a variety of personnel records and files including vacation and medical leave requests, workers' compensation files, and payroll records. Display honest, trustworthy, and ethical behavior when dealing with internal and external customers. Establish and maintain cooperative working relationships with those contacted in the course of work. Regular attendance that is punctual and dependable is required. Perform related duties as assigned. QUALIFICATIONS Knowledge of: Basic mathematical principles. Principles and practices of word processing, spreadsheet and database maintenance. Standardized Microsoft Office products. Principles and procedures of record keeping and reporting. English usage, spelling, grammar and punctuation. Modern office practices, procedures and equipment. Basic procedures and techniques of budget preparation and accounting. Principles and techniques of business letter writing. Ability to: Perform responsible and difficult secretarial work involving the use of independent judgment and personal initiative. Learn, interpret and apply Federal, State, local and department policies, procedures, laws and regulations. Research, compile, analyze, interpret and prepare a variety of budget, personnel and administrative reports. Grand Island Council Session - 12/22/2015 Page 23 / 158 Printed: 12/16/2015: City of Grand Island Page 3 of 4 Rev. 12/16/2015 Administrative Assistant-Building (1030) Bargaining Unit: IBEW Service/Clerical Maintain confidential data and information for executive staff. Independently prepare routine correspondence and memorandums. Operate a variety of modern office equipment including a computer. Type at a speed necessary for successful job performance. Implement and maintain standard filing and accounting systems. Assist in preparing and monitoring a budget. Communicate clearly and concisely, both orally and in writing. License or Certification: None required. EXPERIENCE AND TRAINING GUIDELINES Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Two years of increasingly responsible secretarial and clerical experience. Training: Equivalent to the completion of the twelfth grade supplemented by specialized secretarial and clerical training. PHYSICAL REQUIREMENTS Activities: Sitting Frequent Standing Occasional Walking Frequent Reaching Occasional Climbing Stairs Occasional Bending Occasional Squatting Occasional Kneeling Occasional Twist/Turn Occasional Simple Grasping Occasional Fine Manipulation Frequent Handling Occasional Grand Island Council Session - 12/22/2015 Page 24 / 158 Printed: 12/16/2015: City of Grand Island Page 4 of 4 Rev. 12/16/2015 Administrative Assistant-Building (1030) Bargaining Unit: IBEW Service/Clerical Lifting Waist Level 20# Chair to Floor 20# Above Shoulder 20# Push/Pull 20# Carry Right 20# Occasional Left 20# Occasional Use of Feet Foot Controls Left Not at all Right Not at all Grand Island Council Session - 12/22/2015 Page 25 / 158 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9570 An ordinance to amend Ordinance 9560 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to rename the IBEW Service/Clerical position of Stormwater Technician to Stormwater Program Manager; to amend the shift differential for the IBEW Service/Clerical position of Public Safety Dispatcher; to amend the shift differential for the non-union position of Senior Public Safety Dispatcher to amend the salary ranges for the non-union position of Library Page, Seasonal Worker and Temporary Worker to comply with the 2016 Nebraska minimum wage; to rename the IBEW Service Clerical position of Building Secretary to Administrative Assistant; to rename the IBEW Service Clerical position of Planning Secretary to Administrative Assistant; and to repeal those portions of Ordinance No. 9560 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 23.5633/33.7228 Exempt Accounting Technician – Solid Waste 19.5260/23.5936 40 hrs/week Grand Island Council Session - 12/22/2015 Page 26 / 158 ORDINANCE NO. 9570 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Assistant to the City Administrator 22.9200/32.2648 Exempt Assistant Finance Director 32.9968/47.6559 Exempt Assistant Public Works Director / Manager of Engineering Services 34.0370/51.6755 Exempt Assistant Utilities Director – Distribution 48.7903/69.3328 Exempt Assistant Utilities Director – Production 52.8344/75.1064 Exempt Assistant Utilities Director – Transmission 52.8344/75.1064 Exempt Attorney 29.3208/45.2405 Exempt Biosolids Technician 18.5804/27.3972 40 hrs/week Building Department Director 34.3474/50.2154 Exempt CADD Operator 21.0997/30.3529 40 hrs/week Cemetery Superintendent 21.3846/33.6384 Exempt City Administrator 69.4139/81.0483 Exempt City Attorney 41.5086/59.8505 Exempt City Clerk 28.7959/41.4076 Exempt Civil Engineer I 28.4483/41.1268 Exempt Civil Engineer II 32.9968/47.6559 Exempt Civil Engineering Manager – Utility PCC 35.9394/53.7496 Exempt Collection System Supervisor 23.5416/33.4641 40 hrs/week Community Service Officer 15.0188/21.2122 40 hrs/week Custodian – Library, Police 13.7301/19.7513 40 hrs/week Customer Service Representative – Part time 9.0721/13.6081 40 hrs/week Customer Service Team Leader 19.8856/27.1643 Exempt Electric Distribution Superintendent 36.9413/50.3850 Exempt Electric Distribution Supervisor 31.1960/42.5738 40 hrs/week Electric Underground Superintendent 32.8985/44.8796 Exempt Electrical Engineer I 28.4483/41.1268 Exempt Electrical Engineer II 32.9968/47.6559 Exempt Emergency Management Deputy Director 24.4553/36.9584 Exempt Emergency Management Director 34.8053/52.5845 Exempt Engineer I – Public Works 30.9998/43.6156 Exempt Engineer I – WWTP 30.9998/43.6156 Exempt Engineering Technician - WWTP 20.5756/29.0698 40 hrs/week Equipment Operator - Solid Waste 17.6593/26.2408 40 hrs/week Finance Director 40.3733/63.5433 Exempt Finance Operations Supervisor 21.4328/30.3065 Exempt Grand Island Council Session - 12/22/2015 Page 27 / 158 ORDINANCE NO. 9570 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Chief 38.9843/61.0493 Exempt Fire EMS Division Chief 34.5645/48.9259 Exempt Fire Operations Division Chief 34.5645/48.9259 Exempt Fire Prevention Division Chief 34.4808/46.9413 Exempt Fleet Services Shop Foreman 23.2034/34.9990 40 hrs/week GIS Coordinator - PW 25.8244/39.2199 40 hrs/week Golf Course Superintendent 24.8718/35.8958 Exempt Grounds Management Crew Chief – Cemetery 19.0220/30.1640 40 hrs/week Grounds Management Crew Chief – Parks 20.0248/30.3237 40 hrs/week Human Resources Director 35.1215/52.0396 Exempt Human Resources Benefits/Risk Mgmt Coordinator 20.8994/33.9014 40 hrs/week Human Resources Recruiter 20.8994/33.9014 40 hrs/week Human Resources Specialist 20.8994/33.9014 40 hrs/week Information Technology Manager 34.8074/55.1841 Exempt Legal Secretary 20.6847/27.9549 40 hrs/week Librarian I 18.7455/26.3274 Exempt Librarian II 20.7590/29.5255 Exempt Library Assistant I 12.6595/18.2957 40 hrs/week Library Assistant II 15.6447/22.1478 40 hrs/week Library Assistant Director 31.5904/49.4024 Exempt Library Director 39.7504/58.9620 Exempt Library Page 8.2000/11.6159 9.0000/12.4159 40 hrs/week Library Secretary 15.7519/22.3860 40 hrs/week Maintenance Worker – Golf 15.6208/24.9970 40 hrs/week Meter Reader Supervisor 19.2174/28.0738 Exempt MPO Program Manager 24.7948/36.8559 Exempt Office Manager – Police Department 17.9564/26.4955 40 hrs/week Parks and Recreation Director 38.4511/60.0943 Exempt Parks Superintendent 27.2713/41.6346 Exempt Payroll Specialist 18.7997/28.1091 40 hrs/week Planning Director 37.6723/57.6708 Exempt Police Captain 34.9429/49.7333 Exempt Police Chief 42.1654/61.0493 Exempt Power Plant Maintenance Supervisor 31.5808/44.6375 Exempt Power Plant Operations Supervisor 35.6296/50.2981 Exempt Grand Island Council Session - 12/22/2015 Page 28 / 158 ORDINANCE NO. 9570 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Superintendent – Burdick 38.2626/54.3581 Exempt Power Plant Superintendent – PGS 44.1110/62.6376 Exempt Public Information Officer 26.1389/39.4498 Exempt Public Works Director 40.8216/63.4845 Exempt Public Works Engineer 32.3635/46.7971 Exempt Receptionist 15.7641/24.1323 40 hrs/week Recreation Coordinator 20.5951/30.9711 Exempt Recreation Superintendent 31.4938/47.9823 Exempt Regulatory and Environmental Manager 31.0686/45.7759 Exempt Senior Electrical Engineer 36.1078/52.1496 Exempt Senior Public Safety Dispatcher 18.8259/24.8656 40 hrs/week Senior Utility Secretary 16.0493/22.9174 40 hrs/week Shooting Range Superintendent 25.2951/39.5535 Exempt Solid Waste Division Clerk - Full Time 18.6018/22.8997 40 hrs/week Solid Waste Division Clerk - Part Time 16.5628/20.7941 40 hrs/week Solid Waste Foreman 21.2589/30.4054 40 hrs/week Solid Waste Superintendent 30.2660/46.2916 Exempt Street Superintendent 27.9816/42.5650 Exempt Street Foreman 22.6046/34.1031 40 hrs/week Turf Management Specialist 22.3531/31.6433 40 hrs/week Utilities Director 72.3810/96.4843 Exempt Utility Production Engineer 36.9261/54.4330 Exempt Utility Warehouse Supervisor 25.1009/35.8566 40 hrs/week Victim Assistance Unit Coordinator 14.8356/22.1980 40 hrs/week Victim/Witness Advocate 13.5989/20.3476 40 hrs/week Wastewater Plant Chief Operator 23.0656/31.4978 40 hrs/week Wastewater Plant Engineer 33.6168/48.9736 Exempt Wastewater Plant Operations Engineer 32.3635/46.2278 Exempt Wastewater Plant Maintenance Supervisor 24.9808/33.6386 40 hrs/week Wastewater Plant Regulatory Compliance Manager 26.5131/37.8945 Exempt Water Superintendent 30.5735/45.3774 Exempt Water Supervisor 24.1795/35.0998 40 hrs/week Worker / Seasonal 8.0000/20.0000 9.0000/20.0000 Exempt Worker / Temporary 8.0000/20.0000 9.0000/20.0000 40 hrs/week Grand Island Council Session - 12/22/2015 Page 29 / 158 ORDINANCE NO. 9570 (Cont.) - 5 - A shift differential of $0.25 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work any hours or portion thereof that begins between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 17.6592/26.1596 40 hrs/week Fleet Services Mechanic 19.8687/29.4370 40 hrs/week Horticulturist 19.6840/29.2153 40 hrs/week Maintenance Worker – Cemetery 16.9683/25.1576 40 hrs/week Maintenance Worker – Parks 16.7768/24.8881 40 hrs/week Maintenance Worker – Streets 16.6527/24.6864 40 hrs/week Senior Equipment Operator – Streets 19.0833/28.3039 40 hrs/week Senior Maintenance Worker – Streets 18.9955/28.1736 40 hrs/week Traffic Signal Technician 18.9078/28.0436 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Grand Island Council Session - 12/22/2015 Page 30 / 158 ORDINANCE NO. 9570 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 16.5539/21.9059 40 hrs/week Cashier 15.4142/21.0044 40 hrs/week Custodian 16.8533/19.9014 40 hrs/week Electric Distribution Crew Chief 32.2470/41.0121 40 hrs/week Electric Underground Crew Chief 32.2470/41.0121 40 hrs/week Engineering Technician I 19.7395/28.2435 40 hrs/week Engineering Technician II 24.4019/33.4582 40 hrs/week Instrument Technician 29.9500/39.5665 40 hrs/week Lineworker Apprentice 21.7042/31.8251 40 hrs/week Lineworker First Class 31.6997/37.4917 40 hrs/week Materials Handler 23.4211/31.3954 40 hrs/week Meter Reader 18.1497/23.6678 40 hrs/week Meter Technician 24.4611/30.2316 40 hrs/week Payroll Clerk 16.5539/21.9059 40 hrs/week Power Dispatcher I 28.4126/39.5046 40 hrs/week Power Dispatcher II 29.8421/41.4857 40 hrs/week Power Plant Maintenance Mechanic 28.9972/36.1069 40 hrs/week Power Plant Operator 31.7732/37.0102 40 hrs/week Senior Accounting Clerk 18.5174/24.2563 40 hrs/week Senior Engineering Technician 31.7854/38.8983 40 hrs/week Senior Materials Handler 28.3828/37.0215 40 hrs/week Senior Meter Reader 21.4958/25.5129 40 hrs/week Senior Power Dispatcher 35.5564/48.7934 40 hrs/week Senior Power Plant Operator 34.8313/44.6525 40 hrs/week Senior Substation Technician 38.6369/40.0443 40 hrs/week Senior Water Maintenance Worker 23.7409/31.2614 40 hrs/week Substation Technician 35.7676/37.1874 40 hrs/week Systems Technician 31.5213/40.0443 40 hrs/week Tree Trim Crew Chief 29.0629/36.0920 40 hrs/week Utility Electrician 27.8916/36.6549 40 hrs/week Utility Technician 26.9776/37.9478 40 hrs/week Utility Warehouse Clerk 21.0186/25.9320 40 hrs/week Water Maintenance Worker 19.4013/26.8300 40 hrs/week Wireworker I 22.8595/32.3233 40 hrs/week Wireworker II 31.6997/37.4917 40 hrs/week Grand Island Council Session - 12/22/2015 Page 31 / 158 ORDINANCE NO. 9570 (Cont.) - 7 - SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 20.3647/31.1988 Police Sergeant 25.4884/38.2746 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of thirty (30) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will Grand Island Council Session - 12/22/2015 Page 32 / 158 ORDINANCE NO. 9570 (Cont.) - 8 - not be subtracted from the Training and Special Events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the Training and Special Events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 19.3620/26.8470 212 hrs/28 days Firefighter / EMT 14.5913/21.1752 212 hrs/28 days Firefighter / Paramedic 16.4433/23.2233 212 hrs/28 days Life Safety Inspector 22.1598/31.4421 40 hrs/week Shift Commander 23.4973/30.7513 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) for an entire 24 hour shift, the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees Grand Island Council Session - 12/22/2015 Page 33 / 158 ORDINANCE NO. 9570 (Cont.) - 9 - included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 16.6792/23.4693 40 hrs/week Equipment Operator – WWTP 17.6458/24.8295 40 hrs/week Maintenance Mechanic I 18.0428/25.3881 40 hrs/week Maintenance Mechanic II 20.5493/28.9150 40 hrs/week Maintenance Worker – WWTP 18.3529/25.8245 40 hrs/week Wastewater Clerk 14.2480/20.0481 40 hrs/week Wastewater Plant Laboratory Technician 19.3409/27.2145 40 hrs/week Wastewater Plant Operator I 16.8551/23.7171 40 hrs/week Wastewater Plant Operator II 18.8456/26.5178 40 hrs/week Employees covered under the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional 15 cents ($0.15) per hour; employees who are regularly scheduled to work graveyard shift will receive an additional 25 cents ($0.25) per hour for wages attributable to those shifts. One lead Maintenance Worker covered under the IBEW Wastewater Treatment Plant labor agreement may receive forty dollars ($40) per pay period stipend. SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 17.6953/23.6213 40 hrs/week Accounts Payable Clerk 16.5436/23.9354 40 hrs/week Administrative Assistant 17.9647/25.7664 40 hrs/week Administrative Assistant - Parks 17.4699/24.8277 40 hrs/week Grand Island Council Session - 12/22/2015 Page 34 / 158 ORDINANCE NO. 9570 (Cont.) - 10 - Audio Video Technician 17.9640/25.3425 40 hrs/week Building Inspector 21.1769/30.0475 40 hrs/week Building Secretary 16.2724/23.1257 40 hrs/week Community Development Administrator 19.5714/28.1399 40 hrs/week Community Development Specialist 17.9647/25.7664 40 hrs/week Computer Operator 21.6171/28.4170 40 hrs/week Computer Programmer 23.2129/34.0191 40 hrs/week Computer Technician 22.2655/29.2700 40 hrs/week Crime Analyst 19.7328/28.0138 40 hrs/week Electrical Inspector 21.1769/30.0475 40 hrs/week Emergency Management Coordinator 17.4699/24.8277 40 hrs/week Engineering Technician – Public Works 20.8417/29.3937 40 hrs/week Evidence Technician 15.9999/23.4138 40 hrs/week Finance Secretary 16.2724/23.1258 40 hrs/week GIS Coordinator 25.2853/35.4803 40 hrs/week Maintenance Worker I – Building, Library 16.1251/21.8229 40 hrs/week Maintenance Worker II – Building, Police 16.9931/23.0359 40 hrs/week Planning Secretary 16.2724/23.1258 40 hrs/week Planning Technician 22.3861/31.4963 40/hrs/week Plans Examiner 21.6952/30.7830 40 hrs/week Plumbing Inspector 21.1769/30.0475 40 hrs/week Police Records Clerk – Full Time 14.5968/20.3181 40 hrs/week Public Safety Dispatcher 16.0865/23.4979 40 hrs/week Shooting Range Operator 22.2151/30.1130 40 hrs/week Stormwater Program Manager 21.0996/29.7575 40 hrs/week Utility Secretary 16.2724/23.1258 40 hrs/week A shift differential of $0.15 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work any hours or a portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the Grand Island Council Session - 12/22/2015 Page 35 / 158 ORDINANCE NO. 9570 (Cont.) - 11 - IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement, except Life Safety Inspector, will be credited five hundred twenty-five dollars ($525) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive four hundred dollars ($400) credit for the purchase of initial uniforms. After probation they shall receive an additional five hundred dollars ($500) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. New employees covered by the IBEW – Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one- time reimbursement up to $1,200 to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to $600 annually. The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of $600 to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of $350. Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Grand Island Council Session - 12/22/2015 Page 36 / 158 ORDINANCE NO. 9570 (Cont.) - 12 - Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. Non-union employees and employees covered by the FOP labor agreement, the IAFF labor agreement, the IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed $1,500 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered Grand Island Council Session - 12/22/2015 Page 37 / 158 ORDINANCE NO. 9570 (Cont.) - 13 - by the IBEW labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the actual cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of $15 biweekly. The City will reimburse 60% of the actual cost of providing up to 2 pairs of steel toe or safety toe boots that meets the ANSI standard per contract year for employees covered by the IBEW Wastewater Treatment Plant labor agreement. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) All employees covered in the IBEW Utilities labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty- eight and one third hours (calculated at 47% x 1,039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety- eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of Grand Island Council Session - 12/22/2015 Page 38 / 158 ORDINANCE NO. 9570 (Cont.) - 14 - contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical, IBEW Finance, and IBEW Wastewater Treatment Plant labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for twenty-five percent (25%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 334.75 hours (calculated at 25% x 1,339 hours = 334.75 hours.) Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees hired before October 1, 2014 covered by the AFSCME labor agreement shall be paid thirty-five (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty-eight and sixty-five hundredths hours (calculated at 35% x 1339 hours = 468.65 hours). Employees hired on or after October 1, 2014, covered by the AFSCME labor agreement will not receive compensation at retirement for unused medical leave. All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280 hours = 480 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave Grand Island Council Session - 12/22/2015 Page 39 / 158 ORDINANCE NO. 9570 (Cont.) - 15 - bank at the time of their death, not to exceed six hundred forty hours (50% x 1,280 hours = 640 hrs.), based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by the IBEW Service/Clerical, IBEW Wastewater Treatment Plant, and IBEW Finance labor agreements shall have a contribution made on their behalf to the VEBA account of $15 per pay period. Employees represented by the IBEW Utilities labor agreement shall have a contribution made on their behalf to their VEBA account in the amount of $20.00 per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of $10 per pay period. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. Grand Island Council Session - 12/22/2015 Page 40 / 158 ORDINANCE NO. 9570 (Cont.) - 16 - SECTION 12.The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law effective January 1, 2016. SECTION 13. Those portions of Ordinance No. 9560 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: December 22, 2015 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 41 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-1 Approving Minutes of December 8, 2015 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 12/22/2015 Page 42 / 158 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 8, 2015 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 8, 2015. Notice of the meeting was given in The Grand Island Independent on December 2, 2015. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Interim Finance Director William Clingman, Assistant City Attorney Stacy Nonhof, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Rebecca Peterson. INVOCATION was given by Monte Galvan, 4116 Texas Avenue followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Jefferson Elementary School to Sing Christmas Carols. Approximately 25 students from the 3rd through the 5th grades from Jefferson Elementary School sang Christmas carols under the direction of music instructor Emily Roemmich. SPECIAL ITEMS: Election of City Council President. City Clerk RaNae Edwards reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Nebraska law allows the election of the Council President to be by secret ballot. The total number of votes for each candidate; however, must be stated and recorded in the Minutes. Past practice has included a run-off election between the top two nominees, if necessary. The City Clerk prepared and distributed ballots. Councilmember Hehnke nominated Councilmember Donaldson. Councilmember Paulick nominated Councilmember Haase. There were no further nominations. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Donaldson had received 5 votes and Councilmember Haase had received 4 votes. Mayor Jensen cast the sixth and deciding vote for Councilmember Donaldson. Mayor Jensen declared Councilmember Donaldson Council President for 2016. Motion by Haase, second by Paulick to make a unanimous vote for Councilmember Donaldson for President for 2016. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 12/22/2015 Page 43 / 158 Page 2, City Council Regular Meeting, December 8, 2015 ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9567 - Consideration of Vacation of the Remaining Portion of Washington Street; Between 4th Street and North Front Street #9568 - Consideration of Administrative Fees for Individual Fire Pension Accounts 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 Hehnke seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9567 - Consideration of Vacation of the Remaining Portion of Washington Street; Between 4th Street and North Front Street Public Works Director John Collins reported that Ordinance No. 9567 would vacate a portion of Washington Street between 4th Street and 5th Street at the request of the property owner. Staff recommended approval. Arnold Wenn, 2410 Overland Trail Court spoke in support. Motion by Haase, second by Stelk to approve Ordinance #9567. City Clerk: Ordinance #9567 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 #9567 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9567 is declared to be lawfully adopted upon publication as required by law. #9568 - Consideration of Administrative Fees for Individual Fire Pension Accounts Interim Finance Director William Clingman reported that Ordinance #9568 would allow the Council to develop a schedule of investment costs for Fire Pension Accounts based on Neb. Rev. Stat. §16-1036.01 and City Attorney Opinion 2015-05. Scott Kuehl, 1419 Independence Avenue, Phil Thomas, 1809 Elm Street, Aurora, NE, and Mike Nelson, 4168 New Mexico requested this item be referred to the Police and Fire Pension Committee for further review. Motion by Haase, second by Hehnke to approve Ordinance #9568. Grand Island Council Session - 12/22/2015 Page 44 / 158 Page 3, City Council Regular Meeting, December 8, 2015 Comments were made that this ordinance would codify what the City was currently doing. Assistant City Attorney Stacy Nonhof stated the Police Department was not a part of this ordinance as their fees were set in state statutes. Motion by Paulick, second by Nickerson to amend the motion to send this ordinance back to the Police and Fire Pension Committee for further review. Mr. Clingman commented on the current RFP in process for the pension plans. Mayor Jensen commented on the administrative costs vs the ordinary costs which were provided by the City. Discussion was held regarding what was in State Statute and what was in the proposed ordinance. Motion by Minton, second by Stelk to amend the amendment by adding that this item be brought back to Council on December 29, 2015. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. Upon roll call on the original amendment to send this to the Police and Fire Pension Committee for further review, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. CONSENT AGENDA: Motion by Paulick, second by Hehnke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of November 24, 2015 City Council Regular Meeting. Approving Minutes of December 1, 2015 City Council Study Session. Approving Liquor Manager Designation for Terry Fredrickson, 415 Eisenhower Drive for Huddle Lounge, 112 Kaufman Avenue. #2015-330 - Approving Purchase of Cooling Tower Chemicals for Platte Generation Station from Water Engineering of Mead, NE in an Amount of $0.86 per pound solution. #2015-331 - Approving Change Order #5 for Air Quality Control System at Platte Generating Station with AMEC Kamtech, Inc. of Tucker, GA for a Deduction of $220,000.00 and a Revised Contract Amount of $42,790,551.37. #2015-332 - Approving Amendment #1 to the Contract for Architectural Services for the Electric Service Center Building at 1116 W. North Front Street with JEO Architects of Grand Island, NE for Phase 2 in an Amount of $99,000.00. #2015-333 - Approving Letter of Intent with Invenergy for a Wind Project at a Wind Energy Project Complex in Nebraska. #2015-334 - Approving Certification of Final Completion for 3rd Street and Wheeler Avenue Intersection Improvements; Paving Project No. 2015-P-2 & Water Main Improvements Project No. 2015-W-3 with The Diamond Engineering Company of Grand Island, NE. Grand Island Council Session - 12/22/2015 Page 45 / 158 Page 4, City Council Regular Meeting, December 8, 2015 #2015-335 - Approving Bid Award for One (1) Used Hydraulic Excavator for the Solid Waste Division of the Public Works Department from NMC of Doniphan, NE in an Amount of $136,250.00. #2015-336 - Approving State Bid Award for One (1) 2016 Dodge Grand Caravan for the Wastewater Division of the Public Works Department from Lincoln Dodge, Inc. dba Baxter of Lincoln, NE in an Amount of $22,225.00. #2015-337 - Approving Change Order No. 3 for Headworks Improvement Project No. WWTP- 2013-1 with Garney Companies, Inc. of Gardner, KS for a Deduction of $30,583.00 and a Revised Contract Amount of $16,820,174.00. #2015-338 - Approving Bid Award for One (1) 2017 Model 90,000 GVW Conventional Truck- Tractor for the Solid Waste Division of the Public Works Department from Hansen International Truck of Grand Island, NE in an Amount of $100,000.00. #2015-339 - Approving Medical Supplies Contract with Saint Francis Medical Center. #2015-340 - Approving Physio-Control Lucas Device Maintenance Contract for 4 Years. REQUEST AND REFERRALS: Consideration of Forwarding Blighted and Substandard Area #19 (Mark Otto – Premier Home Sales) to the Hall County Regional Planning Commission. This item was pulled from the agenda at the request of the applicant. PAYMENT OF CLAIMS: Motion by Donaldson, second by Fitzke to approve the Claims for the period of November 25, 2015 through December 8, 2015, for a total amount of $7,333,953.48. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:33 p.m. RaNae Edwards City Clerk Grand Island Council Session - 12/22/2015 Page 46 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-2 Approving Councilmember Appointments to Boards and Commissions Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2015 Page 47 / 158 Council Agenda Memo From:Mayor Jeremy Jensen Meeting:December 22, 2015 Subject:Approving Councilmember Appointments to Boards and Commissions Presenter(s):Mayor Jeremy Jensen Background It is customary each year for the Mayor to recommend appointments of Councilmember’s to represent the City on various Boards and Commissions. Discussion The following appointments have been submitted by the Mayor for approval. These appointments will become effective immediately and will expire on December 31, 2016: Animal Advisory Board: Mitch Nickerson Building Code Advisory:Mike Paulick Central District Health Board (Term of 3 years)Jeremy Jones Central NE Humane Society:Jeremy Jones Citizen Advisory Review Committee:Linna Dee Donaldson Community Development Advisory Board:Michelle Fitzke Community Redevelopment Authority:Vaughn Minton Downtown BID 2013:Linna Dee Donaldson Emergency Management/Communications:Michelle Fitzke Mitch Nickerson Firefighters Pension Committee:Mark Stelk Grand Island Council Session - 12/22/2015 Page 48 / 158 Fonner Park BID 2013:Roger Steele (So. Locust – Stolley to Fonner) Grand Generation Board:Mark Stelk Heartland Events Center Board:Roger Steele Law Enforcement Co-Location Committee:Vaughn Minton Library Board:Julie Hehnke Metropolitan Planning Organization Policy Board:Julie Hehnke Vaughn Minton Mike Paulick Chuck Haase Police Pension Committee:Mark Stelk Problem Resolution Team:Linna Dee Donaldson Mike Paulick Regional Planning Commission:Mitch Nickerson South Locust Street BID 2013 Mike Paulick (So. Loucst – Hwy 34 to Stolley) Systems Information Advisory Committee Chuck Haase (City/County) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the appointments of Councilmember’s to Board and Commissions 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 recommendation of the Mayor. Grand Island Council Session - 12/22/2015 Page 49 / 158 Sample Motion Move to approve the appointments of Councilmember’s to the Boards and Commissions for 2016 as recommended by the Mayor. Grand Island Council Session - 12/22/2015 Page 50 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-3 Approving Re-Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2016. Denise Kozel, Master Electrician; Kent Sundberg, Journeyman Electrician; Brady Blauhorn, Utility Department Representative; Terry Klanecky, General Public Representative; Kurt Griess and Craig Lewis, Building Department as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code. These appointments would become effective January 1, 2016 upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2015 Page 51 / 158 Grand Island Council Session - 12/22/2015 Page 52 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-4 Approving Re-Appointments to the Mechanical Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Mechanical Examining Board for the year 2016. Mike McElroy, Master Mechanical; Loren Peterson, Local Gas Company Representative; Greg Geis, Contracting Mechanical; Mike Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Tom O'Neill, Community Member; Russ Shaw Craig Lewis, Building Department as Ex-Officio members. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective January 1, 2016 upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2015 Page 53 / 158 Grand Island Council Session - 12/22/2015 Page 54 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-5 Approving Re-Appointments to the Plumbers Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Plumbers Examining Board. Verne Penas, Master Plumber; Mike Bailey, Master Plumber; Jennifer Herman, Community Member; and David Scoggins, Plumbing Inspector for the Building Department - Ex Officio. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective January 1, 2016 upon approval by the City Council and would expire on December 31, 2017. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2015 Page 55 / 158 Grand Island Council Session - 12/22/2015 Page 56 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-6 Approving Appointment of Ralph Bradley to the Law Enforcement Co-Location Committee Mayor Jensen has submitted the appointment of Ralph Bradley to the Law Enforcement Co-Location Committee to replace Jim Williams whose terms expires December 31, 2015. The appointment would become effective January 1, 2016 upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2015 Page 57 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-7 Approving Liquor Manager Designation for Steven Roker, 4821 Bear Creek Road, Lincoln, NE for Walgreens #12538, 1230 N. Webb Road and Walgreens #03467, 1515 West 2nd Street Staff Contact: RaNae Edwards Grand Island Council Session - 12/22/2015 Page 58 / 158 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:December 22, 2015 Subject:Request from Steven Roker, 4821 Bear Creek Road, Lincoln, NE for Liquor Manager Designation with Walgreens #12538, 1230 N. Webb Road and Walgreens #03467, 1515 West 2nd Street Presenter(s):RaNae Edwards, City Clerk Background Steven Roker, 4821 Bear Creek Road, Lincoln, NE has submitted applications with the City Clerk’s Office for Liquor Manager Designations in conjunction with Walgreens #12538, 1230 N. Webb Road and Walgreens #03467, 1515 West 2nd Street. These applications have been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control 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 requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 12/22/2015 Page 59 / 158 Recommendation City Administration recommends that the Council approve these requests for Liquor Manager Designations. Sample Motion Move to approve the requests from Steve Roker, 4821 Bear Creek Road, Lincoln, NE for Liquor Manager Designations in conjunction with the Class “D-88630” Liquor License for Walgreens #12538, 1230 N. Webb Road and the Class “D-88629” Liquor License for Walgreens #03467, 1515 West 2nd Street with the stipulation that Mr. Roker complete a state approved alcohol server/seller training program. Grand Island Council Session - 12/22/2015 Page 60 / 158 Grand Island Council Session - 12/22/2015 Page 61 / 158 Grand Island Council Session - 12/22/2015 Page 62 / 158 Grand Island Council Session - 12/22/2015 Page 63 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-8 #2015-341 - Approving Acquisition of Public Utility Easement for Hall County Sanitary Sewer District 2 (SID 2) [Sinha] This item relates to the aforementioned Public Hearing item E-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2015 Page 64 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-341 WHEREAS, a public utility easement is required by the City of Grand Island, from an affected property owner for the Hall County Sanitary Sewer District 2 (SID 2), described as follows: Owner Legal Total DEEPAK SINHA & SUHITA SINHA LOCATED IN PART OF LOT TWO (2), HIGHWAY MOTEL SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT TWO (2), HIGHWAY MOTELS SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N00o08’07”E, ALONG THE WEST LINE OF SAID LOT TWO (2), HIGHWAY MOTELS SUBDIVISION, A DISTANCE OF 651.71 FEET TO THE POINT OF BEGINNING; THENCE N00o08’07”E, CONTINUING ALONG THE WEST LINE OF LOT TWO (2), A DISTANCE OF 90.51 FEET; THENCE N90o00’00”E, A DISTANCE OF 24.79 FEET; THENCE S00o00’23”W A DISTANCE OF 90.51 FEET; THENCE S90o00’00”W A DISTANCE OF 24.99 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 2,253 SQUARE FEET OR 0.05 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRAWING DATED 07/08/14, MARKED EXHIBIT 9 ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. $1,020.00 TOTAL $1,020.00 WHEREAS, an agreement for the public utility easement has been reviewed and approved by the City Legal Department. 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 enter into the agreement for the public utility easement on the above described tract of land, in the total amount of $1,020.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 65 / 158 Grand Island Council Session - 12/22/2015 Page 66 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-9 #2015-342 - Approving Corrected Compensation Amount for Temporary Construction Easement for Hall County Sanitary Sewer District 2 (SID 2) [Bosselman Oil, Inc.] Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2015 Page 67 / 158 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 22, 2015 Subject:Approving Corrected Compensation Amount for Temporary Construction Easement for Hall County Sanitary Sewer District 2 (SID 2) [Bosselman Oil, Inc.] Presenter(s):John Collins PE, Public Works Director Background On April 14, 2015, by Resolution No. 2015-89, City Council approved temporary construction easements from Bosselman Oil, Inc. in the amount of $2,550.00 to allow for construction of the Hall County Sanitary Sewer District 2 (SID 2). This sanitary sewer extension is along US Highway 281 to Interstate 80 and will help foster growth of the City towards the interstate and provide for future development. Discussion The amount of $2,550.00 approved for the temporary easement obtained from Bosselman Oil, Inc. accounted for Easement No. 1 and 2, however mistakenly didn’t account for Easement No. 3 in the amount of $3,060.00. All three (3) easements were approved by City Council on April 14, 2015 through Resolution No. 2015-89. At this time it is requested City Council approve the amount of $3,060.00 to complete the temporary construction easement from Bosselman Oil, Inc. A sketch of each temporary construction easement area is attached for reference. This project is funded by the State Revolving Funds (SRF) Project # is C317867. Owner Legal Total Bosselman Oil, Inc. TEMPORARY ACCESS EASEMENT NO. 1- LOCATED IN PART OF THE EAST HALF (E ½) OF SECTION TWENTY-FOUR (24), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., AND A PART OF NEBMO SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EAST HALF; THENCE ON AN ASSUMED BEARING OF S00o47’14”E, ALONG THE EAST LINE OF SAID EAST HALF, A DISTANCE OF 1765.77 FEET; THENCE S88o27’18”W A DISTANCE OF 112.23 FEET TO A POINT ON THE WEST $2,550.00 $5,610.00 Grand Island Council Session - 12/22/2015 Page 68 / 158 RIGHT-OF-WAY LINE OF U.S. HIGHWAY 281 AND THE NORTHEAST CORNER OF TRACT THREE (3) OF INSTRUMENT NO. 90-104283, HALL COUNTY REGISTER OF DEEDS, GRAND ISLAND, NEBRASKA; THENCE S71o34’44”W, ALONG THE NORTH LINE OF SAID TRACT THREE (3), A DISTANCE OF 26.18 FEET TO THE POINT OF BEGINNING; THENCE S01o09’32”E A DISTANCE OF 408.54 FEET; THENCE S88o50’28”W A DISTANCE OF 10.00 FEET; THENCE S01o09’32”E A DISTANCE OF 34.63 FEET; THENCE S88o50’28”W A DISTANCE OF 20.00 FEET; THENCE N01o09’32”W A DISTANCE OF 52.01 FEET; THENCE N88o50’28”E A DISTANCE OF 15.00 FEET; THENCE N01o09’32”W A DISTANCE OF 386.50 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT THREE (3); THENCE N71o34’44”E, ALONG SAID NORTH LINE OF TRACT THREE (3), A DISTANCE OF 15.71 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 7,046 SQUARE FEET OR 0.16 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRWAING DATED 07/08/14, MARKED EXHIBIT 5A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TEMPORARY ACCESS EASEMENT NO. 2- LOCATED IN PART OF NEBMO SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF NEBMO SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N01o09’32”W, ALONG THE EAST LINE FO SAID NEBMO SUBDIVISION, A DISTANCE OF 60.00 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF PLATTE STREET AND THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 281; THENCE S88o46’46”W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE S88o46’46”W, CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET; THENCE N01o09’32”W A DISTANCE OF 30.23 FEET; THENCE N88o50’28”E A DISTANCE OF 20.00 FEET; THENCE S01o09’32”E A DISTANCE OF 30.21 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 604 SQUARE FEET OR 0.01 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRAWING DATED 07/08/14, MARKED EXHIBIT 5B ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TEMPORARY ACCESS EASEMENT NO. 3- LOCATED IN PART OF THE EAST HALF (E ½) OF SECTION TWENTY-FOUR (24), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF NEBMO SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S00o46’46E, ALONG THE SOUTH LINE NEBMO SUBDIVBISION, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE S01o09’32”E A DISTANCE OF 192.13 FEET; THENCE S20o05’30”W A DISTANCE OF 280.15 FEET; THENCE S40o01’38”W A DISTANCE OF 167.74 FEET; THENCE S50o17’14”W A DISTANCE OF 177.79 FEET TO A POINT ON THE WEST LINE OF TRACT THREE (3) OF INSTRUMENT NO. 90-104283, HALL COUNTY REGISTER OF DEEDS, GRAND ISLAND, NEBRASKA; THENCE N01o13’16”W, ON SAID WEST LINE OF SAID TRACT THREE (3), A DISTANCE OF 19.16 FEET; THENCE N50o17’14”E A DISTANCE OF 164.52 FEET; THENCE N40o01’38”E A DISTANCE OF 163.76 FEET; THENCE N20o05’30”E A DISTANCE OF 302.29 FEET; THENCE N01o09’32”W A DISTANCE OF 163.59 FEET TO A POINT ON THE SOUTH LINE OF NEBMO SUBDIVISION; THENCE S88o46’46”W, ALONG SAID SOUTH LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 10,311 SQUARE FEET OR 0.24 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRAWING DATED 07/08/14, MARKED EXHIBIT 6A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Grand Island Council Session - 12/22/2015 Page 69 / 158 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 corrected total payment of $5,610.00 for the Temporary Construction Easement Agreement between the City of Grand Island, Public Works Department and the affected property owner for Hall County Sanitary Sewer Improvement District 2 (SID 2). Sample Motion Move to approve the corrected total payment of $5,610.00 for temporary construction easement. Grand Island Council Session - 12/22/2015 Page 70 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-342 WHEREAS, temporary construction easements are required by the City of Grand Island, from Bosselman Oil, Inc., in the Hall County Sanitary Sewer District 2 (SID 2) project area: Owner Legal Total Bosselman Oil, Inc. TEMPORARY ACCESS EASEMENT NO. 1- LOCATED IN PART OF THE EAST HALF (E ½) OF SECTION TWENTY-FOUR (24), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., AND A PART OF NEBMO SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EAST HALF; THENCE ON AN ASSUMED BEARING OF S00o47’14”E, ALONG THE EAST LINE OF SAID EAST HALF, A DISTANCE OF 1765.77 FEET; THENCE S88o27’18”W A DISTANCE OF 112.23 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 281 AND THE NORTHEAST CORNER OF TRACT THREE (3) OF INSTRUMENT NO. 90-104283, HALL COUNTY REGISTER OF DEEDS, GRAND ISLAND, NEBRASKA; THENCE S71o34’44”W, ALONG THE NORTH LINE OF SAID TRACT THREE (3), A DISTANCE OF 26.18 FEET TO THE POINT OF BEGINNING; THENCE S01o09’32”E A DISTANCE OF 408.54 FEET; THENCE S88o50’28”W A DISTANCE OF 10.00 FEET; THENCE S01o09’32”E A DISTANCE OF 34.63 FEET; THENCE S88o50’28”W A DISTANCE OF 20.00 FEET; THENCE N01o09’32”W A DISTANCE OF 52.01 FEET; THENCE N88o50’28”E A DISTANCE OF 15.00 FEET; THENCE N01o09’32”W A DISTANCE OF 386.50 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT THREE (3); THENCE N71o34’44”E, ALONG SAID NORTH LINE OF TRACT THREE (3), A DISTANCE OF 15.71 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 7,046 SQUARE FEET OR 0.16 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRWAING DATED 07/08/14, MARKED EXHIBIT 5A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TEMPORARY ACCESS EASEMENT NO. 2- LOCATED IN PART OF NEBMO SUBDIVISION, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF NEBMO SUBDIVISION; THENCE ON AN ASSUMED BEARING OF N01o09’32”W, ALONG THE EAST LINE FO SAID NEBMO SUBDIVISION, A DISTANCE OF 60.00 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF PLATTE STREET AND THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 281; THENCE S88o46’46”W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE S88o46’46”W, CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET; THENCE N01o09’32”W A DISTANCE OF 30.23 FEET; THENCE N88o50’28”E A DISTANCE OF 20.00 FEET; THENCE S01o09’32”E A DISTANCE OF 30.21 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 604 SQUARE FEET OR 0.01 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRAWING DATED 07/08/14, MARKED EXHIBIT 5B ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TEMPORARY ACCESS EASEMENT NO. 3- LOCATED IN PART OF THE EAST HALF (E ½) OF SECTION TWENTY-FOUR (24), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF NEBMO SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S00o46’46E, ALONG THE SOUTH LINE NEBMO SUBDIVBISION, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE S01o09’32”E A DISTANCE OF 192.13 FEET; $2,550.00 $5,610.00 Grand Island Council Session - 12/22/2015 Page 71 / 158 - 2 - THENCE S20o05’30”W A DISTANCE OF 280.15 FEET; THENCE S40o01’38”W A DISTANCE OF 167.74 FEET; THENCE S50o17’14”W A DISTANCE OF 177.79 FEET TO A POINT ON THE WEST LINE OF TRACT THREE (3) OF INSTRUMENT NO. 90-104283, HALL COUNTY REGISTER OF DEEDS, GRAND ISLAND, NEBRASKA; THENCE N01o13’16”W, ON SAID WEST LINE OF SAID TRACT THREE (3), A DISTANCE OF 19.16 FEET; THENCE N50o17’14”E A DISTANCE OF 164.52 FEET; THENCE N40o01’38”E A DISTANCE OF 163.76 FEET; THENCE N20o05’30”E A DISTANCE OF 302.29 FEET; THENCE N01o09’32”W A DISTANCE OF 163.59 FEET TO A POINT ON THE SOUTH LINE OF NEBMO SUBDIVISION; THENCE S88o46’46”W, ALONG SAID SOUTH LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 10,311 SQUARE FEET OR 0.24 ACRES MORE OR LESS, AS SHOWN ON THE TRACT DRAWING DATED 07/08/14, MARKED EXHIBIT 6A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TOTAL = $5,610.00 WHEREAS, on April 14, 2015, by Resolution No. 2015-89, City Council approved temporary construction easements from Bosselman Oil, Inc. in the amount of $2,550.0o for such sanitary sewer district; and WHEREAS, the amount of $2,550.00 approved for the temporary easement obtained from Bosselman Oil, Inc. accounted for Easement No. 1 and 2, however mistakenly didn’t account for Easement No. 3 in the amount of $3,060.00; and WHEREAS, at this time it is requested City Council approve the amount of $3,060.00 to complete the temporary construction easement from Bosselman Oil, Inc; and WHEREAS, an Agreement for the Temporary Construction easements has been reviewed and approved by the City Legal Department. 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 enter into the Agreement for the Temporary Construction easements on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 72 / 158 Grand Island Council Session - 12/22/2015 Page 73 / 158 Grand Island Council Session - 12/22/2015 Page 74 / 158 Grand Island Council Session - 12/22/2015 Page 75 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-10 #2015-343 - Approving Second Contract Renewal of Annual Pavement Markings 2014 for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2015 Page 76 / 158 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:December 22, 2015 Subject:Approving Second Contract Renewal of Annual Pavement Markings 2014 for the Streets Division of the Public Works Department Presenter(s):John Collins, Public Works Director Background Pavement markings are a critical part of maintaining the safety of the City’s roadways and have strict standards on size, location, color, and reflectivity set by the Manual on Uniform Traffic Control. 2014 was the first striping season in which a contractor was utilized for pavement marking maintenance. The use of a pavement marking contractor has allowed the Streets Division to re-organize its labor force to focus on the storm sewer cleaning program. Another benefit of utilizing contractor services is the reduction in traffic disruption accomplished by work being conducted only during off-peak hours (night) and completed faster using specialized equipment. Discussion In February of 2014 the City of Grand Island City Council authorized the award of a pavement marking maintenance contract to Straight-Line Striping, Inc. of Grand Island, NE. The renewable contract was written as a three year agreement, which includes the original term plus two opportunities to renew for additional one-year periods. This will be the second renewal period under the existing contract with Straight-Line Striping. The contract, which includes labor, materials, and traffic control, is structured as a unit price contract which enables the Streets Division to utilize as few or as many of the bid services as necessary. The one-year renewal term is contingent upon mutual agreement, by the City and the Contractor, of the original contract terms and any unit price changes. The Streets Division and Straight-Line Striping, Inc. both have an interest in continuing the contract for the 2016 striping season. The proposed unit prices did not change from the prior contract period but the estimated quantities were updated based on the last two years of Grand Island Council Session - 12/22/2015 Page 77 / 158 work completed for an estimated amount of $77,918.00. The submitted Contract Renewal Pricing for 2016 can be found in Attachment A. Straight-Line Striping has proposed the use of the same subcontractor as last year, County Line Striping, for the 2016 pavement marking contract term to be responsible for the pavement marking symbols. Public Works staff compared the proposed unit prices to the original bids received in 2014 (Attachment B). Straight-Line Striping’s new unit prices are well below other bidder(s) even with previous price adjustments. Therefore, Public Works feels these prices are fair and justified and is making a recommendation that the contract with Straight-Line striping be extended for the additional one-year term. 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 second contract renewal period of Annual Pavement Markings 2014 to Straight-Line Striping, Inc. of Grand Island, Nebraska. Sample Motion Move to approve the second contract renewal period of Annual Pavement Markings 2014 to Straight-Line Striping, Inc. of Grand Island, Nebraska. Grand Island Council Session - 12/22/2015 Page 78 / 158 Attachment A Grand Island Council Session - 12/22/2015 Page 79 / 158 Grand Island Council Session - 12/22/2015 Page 80 / 158 ATTACHMENT B Unit Price Comparison Annual Pavement Markings City of Grand Island Streets Divison ITEM DESCRIPTION 2014 UNIT PRICE 2015 UNIT PRICE PROPOSED 2016 UNIT PRICE (PAINT) (WT) ( 4")$0.06 $0.065 $0.065 (PAINT) (WT) ( 6")$0.37 $0.54 $0.54 (PAINT) (WT) ( 8")$0.37 $0.54 $0.54 (PAINT) (WT) (12")$0.43 $0.64 $0.64 (PAINT) (WT) (24")$0.86 $0.98 $0.98 (PAINT) (YEL) ( 4")$0.06 $0.07 $0.07 (PAINT) (YEL) ( 6")$0.37 $0.54 $0.54 (PAINT) (YEL) (8")$0.37 $0.54 $0.54 (PAINT) (YEL) (12")$0.43 $0.64 $0.64 (PAINT) (YEL) (24")$0.86 $0.98 $0.98 (PAINT) (WT) (SINGLE ARROW)$29.50 $37.45 $37.45 (PAINT) (WT) (COMBO ARROW)$46.15 $48.00 $48.00 (PAINT) (WT) (ONLY)$46.15 $48.00 $48.00 (PAINT) (WT) ( RR X-ING)$92.10 $125.00 $125.00 MOBILIZATION – Spring Season $0.00 $0.00 $0.00 MOBILIZATION – Fall Season $0.00 $0.00 $0.00 LS LSBID SECTION 1 PAVEMENT MARKING LANE LINESUNIT LF LF LF LF LF BID SECTION 3 OTHERBID SECTION 2 PAVEMENT MARKING SYMBOLS EACH EACH EACH EACH LF LF LF LF LF Grand Island Council Session - 12/22/2015 Page 81 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-343 WHEREAS, the City of Grand Island City Council authorized a contract for Annual Pavement Markings 2014 with Straight-Line Striping, Inc. of Grand Island, Nebraska on February 11th, 2014 and a one-year contract renewal on February 10th, 2015; and WHEREAS, the contract allowed for two additional one-year terms pending mutual agreement between the City and the Contractor, including negotiated unit price adjustments; and WHEREAS, Straight-Line Striping, Inc. of Grand Island, Nebraska submitted justified unit price changes and proposed County Line Striping as a subcontractor for the 2016 contract renewal period, and has fulfilled other statutory requirements contained therein; and WHEREAS, based on the City’s estimated quantities and the proposed unit prices the total estimated cost for the 2016 contract renewal period is $77,918.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the unit prices and subcontractor proposed by Straight-Line Striping, Inc. of Grand Island, Nebraska for the Annual Pavement Markings 2014 second contract renewal period is mutually agreeable. BE IT FURTHER RESOLVED, that a contract renewal for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 82 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-11 #2015-344 - Approving Agreement with General Collection Co., Inc. for Ambulance Collections Services Staff Contact: William Clingman, Interim Finance Director Grand Island Council Session - 12/22/2015 Page 83 / 158 Council Agenda Memo From:William Clingman, Interim Finance Director Meeting:December 22, 2015 Subject:Approval of Agreement with General Collection Co., Inc. for Ambulance Collections Services Presenter(s):William Clingman, Interim Finance Director Background Utility and Ambulance collection services are currently operating under contracts establish in 2003. Therefore, an RFP (Request for Proposals) was advertised in the Grand Island Independent on October 8, 2015. Submittals were due at 4:00 PM (CST) on October 27, 2015. At that time nine submittals were received. Discussion A committee was established within the Finance Department to evaluate the RFP’s that were submitted. The committee reviewed and scored potential bidders primarily on three criteria, which were: 1.Ability to send and receive files in the required formats 2.Percentage (%) fee of the amount collected 3.Proof of ability to collect (percentage of amount collected vs. total amount sent to collections). Ambulance and Utility services were also evaluated separately. After the evaluation process for Ambulance collections was completed, the committee decided to move forward with General Collection Co., Inc. as their choice for Ambulance collections services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Resolution as presented. 2.Refer the item to a committee Grand Island Council Session - 12/22/2015 Page 84 / 158 3.Postpone the issue to a future meeting. 4.Take no action. Recommendation City Administration recommends that the Council approve the contract with General Collection Co., Inc. Sample Motion Move to approve the contract with General Collection Co., Inc. Grand Island Council Session - 12/22/2015 Page 85 / 158 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR COLLECTION AGENCY SERVICES RFP DUE DATE: October 27, 2015 at 4:00 p.m. DEPARTMENT: Finance PUBLICATION DATE: October 8, 2015 NO. POTENTIAL BIDDERS: 3 SUMMARY OF PROPOSALS RECEIVED I.C. System Creditor Advocates, Inc. St. Paul, MN Burnsville, MN Credit Management General Collection Co., Inc. Grand Island, NE Grand Island, NE Monarch Recovery Management, Inc. Kansas Counselors, Inc. Philadelphia, PA Lenexa, KS The Affiliated Group Online Collections Rochester, MN Winterville, NC United Adjustments Kentland, IN cc: Marlan Ferguson, City Administrator William Clingman, Interim Finance Director Stacy Nonhof, Purchasing Agent P1846 Grand Island Council Session - 12/22/2015 Page 86 / 158 BUSINESS ASSOCIATE AGREEMENT This business associate agreement ("Agreement") is made by City of Grand Island -Ambulance and General Collection Company ("Business Associate"). RECITALS WHEREAS, the parties have entered into a business relationship whether by contract, commercial course of dealing or otherwise, whereby Business Associate provides services to Covered Entity and Business Associate receives, has access to creates, maintains, or transmits protected health information in order to provide those services; and WHEREAS, City of Grand Island -Ambulance is a covered entity as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPPAA"), is acting on behalf of the covered entities (City of Grand Island -Ambulance shall be referred to as a "Covered Entity"); WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of protected health information disclosed to Business Associate in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA"), the Health Information Technology for Economic and Clinical Health Act, the ("HITECH Act"), and regulations promulgated thereunder, and as may be amended from time to time (collectively the "Privacy and Security Regulations"), and other applicable laws; and WHEREAS, in accordance with the Privacy and Security Regulations, Covered Entity and Business Associate are required to enter into contract containing specific requirements as set forth in the Privacy and Security Regulation: NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.0. Definitions 1.1. "Breach" means the unauthorized acquisition, access, use, or disclosure of protected health information not permitted by the Privacy and Security Regulations which compromises the security or privacy of the protected health information. 1.2. "Designated Record Set" Means a group of records maintained by or for a covered entity that is: (i) the medical records and billing records about individuals maintained by or for a covered health care provider; (ii) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or (iii) used, in whole or in part, by or for the covered entity to make decisions about individuals. For purposes of this paragraph, the term "record" means any item, collection, or grouping of information that includes protected health information and is maintained, collected, used, or disseminated by or for a covered entity. 1.3. "Disclose" and "Disclosure" mean, with respect to protected health information, the release, transfer, provision of access to, or divulging in any other manner of protected health information outside Business Associate's internal operations. 1.4. "Electronic Protected Health Information" or "Electronic PHI" means protected health information that is transmitted by electronic media (as defined by the Privacy and Security Regulations) or is maintained in electronic media. 1.5. "Protected Health Information" or "PHI" means information, including demographic information, that (i) relates to the past, present, or future physical mental health or condition of an individual; the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual; (ii) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual); and (iii) is received by Business Associate from or on behalf of Covered Entity, or is created by Business Page 1of6 Grand Island Council Session - 12/22/2015 Page 87 / 158 Associate, or is made accessible to Business Associate by Covered Entity. PHI includes, without limitation, Electronic PHI. 1.6. "Secretary" means the secretary of the U.S. Department of Health and Human Services or his or her designee. 1.7. "Services" Means those activities, functions, or services that Business Associate provides for, or on behalf of Covered Entity. 1.8. "Subcontractor" means a person to whom a business associate delegates a function, activity, or service, other than in the capacity of member of the workforce of such business associate. 1.9. "Unsecured PHI" means PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized persons through use of technology or methodology specified in guidance by the Secretary in guidance issued under Section 13402 (h)(2) of Public law 111-5 (the HITECH Act). 1.10. "Use" or "Uses" mean, with respect to PHI, the sharing, employment, application, utilization, examination, or analysis of such PHI within Business Associate's internal operations. 1.11. Terms used, but not otherwise defined in this Agreement shall have the same meaning as those terms in the Privacy and Security Regulations. 2.0. Assurances by Business Associate Regarding PHI. Business Associate warrants that it shall comply with relevant portions and agrees as follows of the Privacy and Security Regulations as those regulations apply to business associates and business associate subcontractors. More specifically, and insofar that Business Associate has access to, has been provided with, maintains, transmits, or will be creating PHI regarding Covered Entity's patients, Business Associate warrants and agrees as follows: 2.1. Permitted Uses and Disclosures of PHI. Business Associate shall Use and Disclose PHI in the amount minimum necessary to perform the Services for or on behalf of Covered Entity, provided that such Use or Disclosure would not violate the Privacy and Security Regulations if done by Covered Entity. Business Associate: 2.1.1 shall Disclose PHI to Covered Entity upon request; or 2.1.2 may Use PHI as necessary for the proper management and administration of its business or to carry out its legal responsibilities. Business Associate may Use and Disclose PHI if: 2.1.2.1 the Disclosure is required or permitted by law, or 2.1.2.2 Business Associate obtains reasonable assurance from the person to whom the PHI is Disclosed that the PHI will be held confidentially and Used or further Disclosed only as required by law or for the purpose for which it was Disclosed to the person, and the person agrees to notify Business Associate of any instances of which the person is aware in which the confidentiality of the PHI has been breached. Business Associate shall not Use or Disclose PHI for any other purpose. 2.2. Prohibition on the Sale of PHI. Business Associate shall not directly or indirectly receive remuneration in exchange for any of Covered Entity's PHI unless Covered Entity or Business Associate obtain a valid, signed authorization from individual whose PHI is at issue, that includes a specification of whether the PHI can be further exchanged for remuneration by the entity receiving the PHI, except as otherwise permitted by the Privacy and Security Regulations. 2.3 .. Adequate Safeguards for PHI. 2.3.1 Business Associate shall implement and maintain appropriate safeguards to prevent the Use or Disclosure of PHI in any manner other than permitted by this Agreement. 2.3.2 Business Associate shall implement administrative, physical, and technical safeguards set forth in the Security Regulations that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic PH I that it creates, receives, maintains, or transmits on behalf of Covered Entity. 2.3.3 Business Associate shall maintain policies and procedures, conduct ongoing risk assessment and risk management of its security program, identify a security official, and train and discipline its work force in Page 2 of 6 Grand Island Council Session - 12/22/2015 Page 88 / 158 compliance with the relevant portions of the Privacy and Security Regulations. Business Associate agrees to make its policies and procedures, risk assessments, and training and education documents available to Covered Entity upon Covered Entity's request. 2.4. Implementation of Red Flags Identity Theft Prevention Program. To the extent that Business Associate's Services provided for or on behalf of Covered Entity include regularly extending, renewing, or continuing credit to individuals, or regularly allowing individuals to defer payment for services, including setting up payment plans in connection with one or more covered accounts, as the term is defined by the Federal Trade Commission's Red Flag Rules. Business Associate warrants that it shall comply with the Red Flag Rules and, specifically, have in place and implement a written identity theft prevention program designed to identify, detect, mitigate, and respond to suspicious activities that could indicate that identity theft has occurred in Business Associate's business practice. 2.5. Availability of Internal Practices, Books and Records to Government Agencies. Business Associate agrees to make its internal practices, policies and procedures, books, and records relating to the Use and Disclosure of PHI available to the Secretary for purposes of determining Covered Entity's compliance with the Privacy and Security Regulations. Business Associate shall immediately notify Covered Entity of any requests made by the Secretary and provide Covered Entity with copies of any documents produced in response to such request. 2.6. Access to PHI. 2.6.1. Business Associate shall make PHI maintained by Business Associate in a designated record set available to Covered Entity, or as directed by Covered Entity, to the individual identified as being entitled to access and copy that PHI within the time frame and in a manner specified by Covered Entity. 2.6.2. If Business Associate uses or maintains Electronic PHI, Business Associate must provide access to such PHI in an electronic format if so requested by an individual if the PHI is readily producible in such form or format; or if not, in a readable copy form or such other form and format as agreed by individual, Covered Entity, and Business Associate. 2.7. Amendment of PHI. Business Associate shall make PHI maintained by Business Associate in a designated record set available to Covered Entity for the purpose of amendment and incorporating such amendments into PHI within the time and in such a manner specified by Covered Entity. 2.8.. Accounting of Disclosures. Upon Covered Entity's request, Business Associate shall provide to Covered Entity an accounting of each Disclosure of PHI made by Business Associate or its employees, agents, representatives, or subcontractors. 2.8.1 Business Associate shall implement a process that allows for an accounting to be collected and maintained for any Disclosure of PHI for which Covered Entity is required to maintain. Business Associate shall include in the accounting: (a) the date of the Disclosure; (b) the name, and address if known, of the entity or person who received the PHI; (c) a brief description of the PHI disclosed; and (d) a brief statement of the purpose of the Disclosure. For each Disclosure that requires an accounting under this section, Business Associate shall document the information specified in (a) through (d), above, and shall securely retain this documentation for six (6) years from the date of the Disclosure. 2.8.2 For repetitive Disclosures of Covered Entity's PHI that Business Associate makes for a single purpose to the same person or entity, the Disclosure information that business Associate must record is either the Disclosure information specified above for each accountable Disclosure, or (a) the Disclosure information specified above for the first of the repetitive accountable Disclosure; (b) the frequency, periodicity, or number of the repetitive accountable Disclosures; and (c) the date of the last of the repetitive accountable Disclosures. 2.9. Reporting Breaches and Unauthorized Use or Disclosure of PHI and Security Incidents. 2.9.1 Business Associate shall report to Covered Entity: Page 3 of 6 Grand Island Council Session - 12/22/2015 Page 89 / 158 2.9.1.1 A Breach of PHI: 2.9.1.2 Each access, acquisition, Use, or Disclosure of PHI that is made by Business Associate, its employees, representatives, agents, or subcontractors but is not specifically permitted by this Agreement; or 2.9.1.3 Any security incident of which it becomes aware. A security incident means the attempted, or successful unauthorized access, acquisition, Use, Disclosure, modification or destruction of information, or interference with the system operation of an information system. 2.9.2. Business Associate's Notice to Covered Entity 2.9.2.1 Business Associate shall notify Covered Entity's Privacy Official by telephone call without unreasonable delay within three business days on which Business Associate knows of such Breach. Unauthorized Use or Disclosure, or Security Incident, or by exercising reasonable diligence would have been known to Business Associate. Business Associate shall notify Covered Entity of all Breaches, even if Business Associate determines there is a low probability that the PHI has been compromised based on its risk assessment. 2.9.2.2 Business Associate shall provide a full written report to Covered Entity's Privacy Official within five business days of verbal notice. Business Associate shall include the following in the written report: 2.9.2.2.1 Describe the nature of the Breach, which will include a description of what occurred, including the date of any Breach and the date of the discovery of the Breach and whether the PHI was actually acquired or reviewed; 2.9.2.2.2 Identify Covered Entity's PHI that was subject to the non-permitted Use or Disclosure or Breach including name, demographic information, social security number and other information involved including types of identifiers and likelihood of re-identification; 2.9.2.2.3 Identify who made the non-permitted Use or Disclosure and who received the non-permitted Use or Disclosure; 2.9.2.2.4 Describe what corrective action the Business Associate took or will take to prevent further non- permitted Uses or Disclosures, to mitigate harmful effects, and to protect against any further Breaches; 2.9.2.2.5 Identify what steps the individuals who are the subject of a Breach should take to protect themselves; and 2.9.2.2.6 Provide such other information as Covered Entity may reasonably request. 3.0. Notice to Covered Entity. Any notice required under this Agreement to be given to Covered Entity shall be made to: Address: -------------------- Attention: ------------------- Phone: --------------------- Email: --------------------- 4.0. Notice to Business Associate. Any notice required under this Agreement to be given to Business Associate shall be made to: Privacy Official: Address: Phone and Fax: Email: Gail Schenck 310 N Walnut St .. Grand Island NE 68803 308-381-1423 ext. 303 gail@generalcollection.com 5.0. Mitigation and Cooperation. Business Associate shall mitigate, at Business Associate's sole cost and expense, any harmful effect that is known to it for the Breach, or Use, or Disclosure of PHI in violation of this Agreement. Covered Entity shall be solely responsible, based upon the facts of the Breach Business Associate provides to Covered Entity, to conduct a risk assessment to determine whether PHI has been compromised and notification to individuals is required. Business Page 4 of 6 Grand Island Council Session - 12/22/2015 Page 90 / 158 Associate shall cooperate with Covered Entity in the notification of individuals as required and in the manner as set forth in the Privacy and Security Regulations. 6.0. Remedies in Event of Breach of PHI. In the event of a Breach of PHI, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation of this Agreement. 6.1 Notification costs related to Breach of PHI. In the event of a Breach caused by Business Associate, the costs related to notifying the affected individuals shall be borne by Business Associate. Such costs, if appropriate and reasonable under the circumstances, may include the actual cost of notification, setting-up and managing a toll-free number, and credit monitoring. 6.2 Indemnification. Each party shall indemnify, defend, and hold harmless the other party, its directors, officers, employees, and agents from and against any and all claims, actions, demands, liabilities, judgments, losses, damages, penalties, fines, costs, fees, expenses, and reasonable attorney's fees (collectively, the "Losses") that are attributable or allegedly attributable to the acts or omissions of the indemnifying party or indemnifying party's material breach of this Agreement. 7.0. Covered Entity Obligations. Covered Entity shall notify Business Associate of: 7.1 Any limitations in covered Entity's notice of privacy practices to the extent that such limitation may affect Business Associate's Use or Disclosure of PHI; 7.2 Any changes in, or revocation of, permission by the individual to Use or Disclose PHI, to the extent that such changes may affect Business Associate's Use or Disclosure of PHI; and 7.3 Any restriction to the Use or Disclosure of PHI that Covered Entity has agreed to provide to the individual, to the extent that such restriction may affect the Business Associate's Use or Disclosure of PHI. 8.0. Disposition of PHI Upon Termination or Expiration. Upon termination or expiration of this Agreement, Business Associate shall either return or destroy, in Covered Entity's sole discretion and in accordance with any instructions by Covered Entity, all PHI in the possession or control of Business Associate or its agents and subcontractors. However, if either return or destruction of PHI is not feasible, Business Associate may retain PHI provided that Business Associate (a) continues to comply with the provisions of this Agreement for as long as it retains PHI, and (b) limits further Uses and Disclosures of PHI to those purposes that make the return or destruction of PHI infeasible. 9.0. Document Retention. Business Associate shall maintain all documentation required by the Privacy and Security Regulations for a period of six (6) years. 10.0. Conflict. In the event there is a conflict between the language of this Agreement and the Services, the terms and conditions of this Agreement shall control. 11.0. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. 12.0. Independent Contractor. Covered Entity and Business Associate expressly acknowledge and agree that Business Associate is an independent contractor and shall not for any purpose be deemed to be an agent, employee, servant, partner, or joint venture of Covered Entity. 13.0. Use of Subcontractors and Agents. Business Associate agrees to ensure that its subcontractors and agents shall implement reasonable and appropriate safeguards to protect Covered Entity's PHI. Business Associate agrees to ensure that any subcontractors and agents that create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. Moreover, Business Associate agrees to ensure any such subcontractor or agent agrees to implement reasonable and appropriate safeguards to protect covered Entity's Electronic PHI. Page 5 of 6 Grand Island Council Session - 12/22/2015 Page 91 / 158 14.0. Term and Termination. The term of this Agreement shall be the same as the term of the underlying services agreement. In addition to and notwithstanding the termination provisions set forth in the underlying services agreement, both this Agreement and the agreement may be terminated by Covered Entity immediately and without penalty upon written notice by Covered Entity to Business Associate if Covered Entity determines, in its sole discretion, that Business Associate has violated any material term of this Agreement. The terms and conditions under this Agreement shall survive the termination of the underlying services agreement. 15.0. Interpretation. Any ambiguity in this Agreement shall be resolved to permit the parties to comply with the Privacy and Security Regulations. 16.0. Enforcement. Business Associate acknowledges that, in the event it, or its subcontractors, violates any applicable provision of the Security Regulation or any term of this Agreement that would constitute a violation of the Privacy Rule, Business Associate will be subject to and will be directly liable for any and all civil and criminal penalties that may result from Business Associate or its subcontractors' violation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date stated below. Business Associate: Name: General Collection Company, Inc . Address: 310 N Walnut St., Grand Island NE 68801 By: Gail Schenck Title: Privacy Official Signature: ------------- Date: -------------- Covered Entity: Name: City of Grand Island -Ambulance Address: ----------- By:----------- Title:------------ Signature:----------- Date:------------- Page 6 of 6 Grand Island Council Session - 12/22/2015 Page 92 / 158 CONTRACT FOR SERVICES THIS CONTRACT FOR SERVICES (this "Agreement") is made this 24 day of August 2015, between General Collection Company, a corporation duly incorporated under the laws of the State of Nebraska (the "Company"), and City of Grand Island - Ambulance, a medical facility, duly licensed under the laws of the State of Nebraska (the "Provider"). Witnesseth: WHEREAS, the Provider desires to engage the Company to handle certain patient collection services on behalf of the Provider's patient accounts office, and, WHEREAS, the Company desires to accept such engagement offered by the Provider; NOW, THEREFORE, in consideration for the mutual obligations contained herein the Company and the Provider, each intending to be legally bound, hereby mutually covenant and agree as follows: 1. Term. This Agreement shall be effective as of the date first above written (the "Effective Date"). Subject to the provisions of Section 3 of this Agreement, the Agreement shall remain in full force and effect for at least one year beyond the Effective Date (the "Initial Term"). 2. Use and Disclosure of Protected Health Information. The parties hereto agree that in order for the Company to perform its duties under this Agreement, it will be necessary for the Company to use and disclose Protected Health Information ("PHI"), as such term is defined at 45 §CFR 164.501. 2.1 Permitted and Required Uses and Disclosure of PHI The parties hereto agree that the Company may use and disclose PHI in order to carry out any Payment function covered under the definition of "Payment" contained in 45 §CPR 164.501. The parties hereto further agree that the Company may use or disclose PHI for any use or disclosure that is required by law. 2.2 Use and Disclosure of Minimum Necessary Amount of PHI The parties hereto desire to ensure that the Provider only discloses to the Company the minimum necessary amount of PHI necessary for the Company to perform its duties under this Agreement. The parties hereto agree that the following information is the minimum necessary in order for the Company to perform its duties under this Agreement. Grand Island Council Session - 12/22/2015 Page 93 / 158 [NOTE: Insert below the data elements that the Company and the Provider have negotiated and agreed are the minimum necessary needed by the Company to perform its duties under this Agreement.] 3. Termination. (A) Date of Service (B) Dollar Amount of Service (C) General description of Service, ex: appointment, exam, office visit, patient name of different that guarantor. (D) Upon the Company's receipt of a written request from patient requesting verification of the account information, the Provider shall provide the Company with an itemization of the services and the date(s) such service(s) were rendered to the patient and which pertain to the account receivable referred to the Company pursuant to the Agreement. 3.1 After the Initial Term. After the expiration of the Initial Term, either party may at any time for any or for no reason, terminate this Agreement upon sixty (60) days written notice to the other party. At the end of the Initial Term, unless the parties have renegotiated an additional term for this Agreement, this Agreement shall remain in full force and effect unless this Agreement is terminated pursuant to the provision of Section 3 herein. 3.2 Continued Efforts. Upon termination of this Agreement for any reason other than pursuant to Section 3.4 below, the Company shall be entitled to continue working on all accounts received from the Provider prior to the termination date of this Agreement period. 3.3 No Obligation to Continue Collection. The Company will be able to work on any accounts placed with the Company after the Company has received notice of the Provider's intent to terminate this Agreement. 3.4 Termination by the Provider for Breach. Notwithstanding the provisions of Section 1 and Section 3 .1 of his Agreement, pursuant to 45 CFR § 164.504( e )(2)(iii), the Provider may terminate this Agreement if the Provider determines that the Company has breached a material term of this Agreement. In the event of a material breach of the Company's duties and responsibilities contained in Sections 4.7 through and including 4.15 of this Agreement, the Provider may immediately terminate this Agreement upon written notice to the Company. In the event of a claimed material breach of any other provision of this Agreement by the Company, the Provider shall give the Company written Grand Island Council Session - 12/22/2015 Page 94 / 158 notice of the alleged material breach. The Company shall have ten ( 10) days from the date of any written notice of breach to cure the alleged breach. In the event the Company cures the alleged breach within the ten (10) day time period, this Agreement shall remain in full force and effect. In the event that the Company fails to cure the alleged breach within the ten (10) day time period, this Agreement shall terminate. 3.5 Termination by the Company for Breach. In the event of a claimed material breach of any provision of this Agreement by the Provider, the Company shall give the Provider written notice of the alleged material breach. The Provider shall have ten (10) days from the date of any written notice of breach to cure the alleged breach. In the event the Provider cures the alleged breach within the ten (10) day time period, this Agreement shall remain in full force and effect. In the event that the Provider fails to cure the alleged beach within the ten (10) day time period, this Agreement shall terminate. 3.6 Company's Right to Receive Compensation on Certain Accounts After Termination. The parties hereto expressly agree that the Company shall be entitled to continue receiving compensation after termination of this Agreement by any party, for any reason, or for no reason at all, for payments received by either the Company or the Provider on all the accounts. 4. Duties and Responsibilities of the Company. The Company shall: 4.1 Collection Notices. Cause the generation and mailing of collection notices to the Provider's patients; 4.2 Inbound Calls. Receive and handle any inbound calls from the Provider's patients concerning such collection notices; 4.3 Outbound Calls. Make outgoing calls to the Provider's patients concerning the payment of accounts; 4.4 Staffing. Dedicate an appropriate number of employees and/or independent contractors to work on the accounts placed with the Company by the Provider; 4.5 Reports. Upon request, furnish the Provider with monthly management reports concerning liquidation percentage, canceled and returned accounts, Grand Island Council Session - 12/22/2015 Page 95 / 158 4.6 Computer Access. Allow the Provider appropriate access to the Company's computer system for the purpose of performing periodic account audits; 4.7 Restrictions on Use and Disclosure of PHI The Company shall not use or further disclose any PHI other than as permitted or required by this Agreement, or as required by law; 4.8 Safeguarding of PHI The Company shall use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for in this Agreement; 4.9 Reporting of Unauthorized Use of Disclosure of PHI The Company shall report to the Provider any use of disclosure of PHI not provided for by this Agreement of which the Company becomes aware; 4.10 Protection of PHI by Agents ad Subcontractors. The Company shall ensure that any agents, including any subcontractors, to whom it provides PHI received from, or created or received by the Company on behalf of the Provider agrees to the same restriction and conditions that apply to the Company with respect to such PHI; 4.11 Access to PHI The Company shall make available PHI in accordance with 45 CFR §164.524. Within ten (10) days after receipt of a request from the Provider for access to PHI in the possession of the Company, the Company shall make such PHI available to the Provider. Within ten (10) days after receipt of a request from an individual for access to PHI in the possession of the Company, the Company shall forward such request to the Provider; 4.12 Amendments to PHI Within ten (10) days after receipt of a request from the Provider for an amendment to any PHI, the Company shall make the requested PHI available to the Provider for amendments into the PHI in accordance with 45 CFR § 164.526. Within ten (10) days after receipt of a request from an individual for an amendment to any PHI, the Company shall forward such request to the Provider; 4.13 Accountings. Within ten (10) days after receipt of notice from the Provider that the Provider has received a request from an individual for an accounting of disclosures of PHI regarding the individual during the six (6) years prior to the date on which the accounting requested, the Company shall make available to the Grand Island Council Session - 12/22/2015 Page 96 / 158 Provider such information as is in the Company's possession and is required for the Provider to provide an account of disclosures of PHI to the individual in accordance with 45 CFR § 164.528; 4.14 Internal Practices, Books and Records. The Company shall make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received y the Company on behalf of the Provider available to the Secretary of the Department of Health and Human Services for the purposes of determining the Providers compliance with Subpart E of Part 164 of Title 45 of the Code Federal Regulations; and 4.15 Duties with Regard to PHI Upon Termination of this Agreement. At termination of this Agreement, if feasible, the Company shall return or destroy all PHI received from or created or received by the Company on behalf of the Provider that the Company still maintains in any form and retain no copies of such PHI. If such return or destruction is not feasible, the Company shall extend the protections of this Agreement to the PH and limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI not feasible. 5. Duties and Responsibilities of the Provider. 5.1 Notice of Bankruptcies. The Provider shall immediately notify the Company upon receipt of any notification of the commencement of any proceeding under the United States Bankruptcy Code initiated on behalf of any patient whose account has been placed with the Company by the Provider; 5.2 Notice of Attorney Representation. The Provider shall immediately notify the Company upon receipt of any notification that an attorney represents any patient whose account has been placed with the Company by the Provider; 5.3 Preparation and Delivery of Accountings. It shall be the sole responsibility of the Provider to prepare and deliver any accounting requested pursuant to 45 CFR §14.528; 5.4 Decisions Concerning Access to PHI In the event that an individual has requested access to PHI directly from the Company, and the Company has forwarded such request to the Provider in accordance with Section 4.11 of this Agreement, it shall be the sole responsibility of the Provider to determine whether to grant or deny such access; and, Grand Island Council Session - 12/22/2015 Page 97 / 158 5.5 Amendment of PHI In the event that an individual has requested an amendment to PHI directly from the Company, and the Company has forwarded such request to the Provider in accordance with Section 4.12 of this Agreement, it shall be the sole responsibility of the Provider to determine whether to allow or disallow such amendment. 6. Representation and Warranties of the Provider. The Provider hereby represents and warrants to the Company as follows: 6.1 Bankruptcies. The Provider shall not place any accounts with the Company that, as of the date of placement, are included in any proceeding under the United States Bankruptcy Code which has bee initiated on behalf of any individual or entity; 6.2 Attorney Representation. If the Provider knows that a patient is represented by an attorney, the Provider hall notify the Company of such attorney representation at the time the Provider places any of such patient's accounts with the Company; 6.3 Accurate Information. All accounts placed with the Company by the Provider shall contain accurate information; 6.4 Consents and Authorization. Prior to disclosing and PHI to the Company the Provider shall obtain all required consents and authorizations pursuant to 45 CFR § 164.506 and 45 CFR § 164.508 respectively, sufficient to permit the disclosure of PHI from the Provider to the Company, and to permit the Company to perform its duties pursuant to the terms of this Agreement; 6.5 No Restrictions. The Provider shall not place any account with the Company if the Provider has agreed to any individual's request to restrict the use or disclosure of PHI connected with such account pursuant to 45 CFR §164.522; and, 6.6 Organization and Authority. The Provider is a chiropractor validly licensed under the law of the State of Nebraska and has all requisite power and authority to enter into this Agreement and to perform its obligations hereunder. This Agreement has been duly executed and delivered by the Provider and constitutes a legal, valid and binding obligation of the Provider, enforceable against it in accordance with its terms. Grand Island Council Session - 12/22/2015 Page 98 / 158 7. Representations and Warranties of the Company. The Company hereby represents and warrants to the Provider as follows: 7 .1 Organization and Authority. The Company is a corporation validly incorporated under the laws of the State of Nebraska and has all requisite power and authority to enter into this Agreement and to perform its obligations hereunder. This Agreement has been duly executed and delivered by the Company and constitutes a legal, valid and binding obligation of the Company, enforceable against it in accordance with its terms. 8. Compensation. 8.1 Non-Legal Accounts. The Provider shall compensate the Company by remitting to the Company 25 percent (25%) of all amounts recovered without resort to legal action on accounts that have been place with the Company. 8.2 Legal Accounts. The Provider shall compensate the Company by remitting to the Company 25 percent (25%) of all amounts recovered after the commencement of legal action on accounts that have been placed with the Company. For the purposes of this Agreement, legal action shall be considered to have commenced upon the service of a summons and complaint upon the defendant. 8.3 Forwarded Accounts. The Provider shall compensate the Company by remitting to the Company 40 percent ( 40%) of accounts recovered with respect to all accounts forwarded to another company for collection. 9. Notice of Payment Information. The Provider shall transmit a monthly report to the Company listing the following information for each account on which a payment was received by the Provider (hereafter referred to as "Direct Payments") during he prior month. A) The amount of the payment; B) The name of the patient or the guarantor of the patient's account; C) The Provider's account number. The Provider's duties under this Section 9 of the Agreement shall continue subsequent to termination of this Agreement with respect to payments Grand Island Council Session - 12/22/2015 Page 99 / 158 received upon which the Company remains entitled to receive compensation pursuant to Section 3.6 of this Agreement. 10. Payment of Fees. The Company shall submit a monthly invoice (the "Invoice") to the Provider detailing the fees due from the Provider to the Company. The Invoice shall list the following information for each Direct Payment and for each account on which the Company received a payment during the period covered by the Invoice: A) The amount(s) of the payment(s); B) The name of the patient or the guarantor of the patient's account; C) The Provider's account number(s); and, D) The Company's total fee(s). The Company's Invoices to the Provider shall be due in full upon receipt. Any Invoice balance not paid in full within (30) days of the date of such Invoice shall accrue interest at the compounded rate of one and one half percent (1.5%) per month. In the event the Company files any action against the Provider for the recovery of fees due from the Provider to the Company pursuant to this Agreement, the Provider acknowledges and agrees that the Company shall be entitled to recover from the Provider all costs incurred by the Company in prosecuting such action, including, without limitation, reasonable attorney's fees. The Provider's duties under this Section 10 of this Agreement shall continue subsequent to termination of this Agreement with respect to payment received upon which the Company remains entitled to receive compensation pursuant to Section 3.6 of this Agreement. 11. Confidentiality. The parties agree to keep all of the terms of this Agreement strictly confidential, including without limitation, the Compensation terms contained in Section 8 of this Agreement. The parties further agree to maintain the confidentiality of an confidential information and/or trade secrets that they many learn about each other throughout the course of this Agreement, including without limitation, the terms of any contracts that the other party may have with any third parties. The Company agrees to keep all Protected Health Information received from, or created or received by the Company on behalf of the Provider confidential except as necessary for the Company to perform its duties pursuant to the terms of this Agreement. The duties of the parties detailed in this Section 11 of this Agreement shall continue in full force and effect for a period of two (2) years after termination of this Agreement for any reason, except for the Company's duty to maintain the confidentiality of Protected Health Information which shall continue forever, unless disclosure of such informatfon should be allowed or required by law. Grand Island Council Session - 12/22/2015 Page 100 / 158 12. No Third Party Beneficiaries. The Provider and the Company hereby expressly understand and agree that individuals whose PHI is disclosed by the Provider to the Company are not intended to e third party beneficiaries of the Agreement. 13. Independent Contractor Status. The parties hereto expressly agree that in performing it duties under this Agreement, the Company is acting as an independent contractor of the Provider. Nothing contained herein is intended, nor shall it be construed to create, a joint venture relationship, a partnership, or an employer-employee relationship between the parties. 14. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed within the continental United States by first-class certified mail, return receipt requested, postage prepaid, addressed as follows: A) Ifto the Company, to: General Collection Company Attn: Mark Stelk, President 310 North Walnut-PO Box 1423 Grand Island, NE 68802 With a copy to: (which shall no constitute notice) Laurtsen, Bownell, Brostrom, & Stehlik Attn: Galen Stehlik PO Box 400 Grand Island, NE 68802 B) If to the Provider, to: With a copy to: Such addresses may be changed by written notice sent to the other party at the last recorded address of that party. Grand Island Council Session - 12/22/2015 Page 101 / 158 15. No Assignment. Except as may specifically be provided in this Agreement to the contrary, this Agreement shall inure to the benefit of and e binding upon the parties and their respective legal representatives, successors, and assigns. Except as otherwise expressly provided herein, this Agreement is not assignable by any party without the prior written consent of the other party, and no payment to be made hereunder shall be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or other change. 16. Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to constitute a waiver of any subsequent breach of the same or another provision. 17. Voluntary Agreement. The Company and the Provider warrant and represent that this Agreement is executed voluntarily with full knowledge of the consequences and implications of their obligations contained herein, and that they have carefully and thoroughly reviewed this Agreement in its entirety. 18. Warrant of Authority. The undersigned individually warrant and represent that they are authorized to execute this Agreement. 19. Execution In Counterparts; Executive via Facsimile. This Agreement may be executed by the parties hereto in any number of counterparts, each of which shall be deemed an original, and all of which shall be deemed one and the same instrument, and all signatures need not appear on any on counterpart. If executed in counterparts, this Agreement will be as effective as if simultaneously executed. Signatures on the Agreement may be communicated by facsimile transmission and shall be binding upon the parties transmitting the same by facsimile transmission. Counterparts with original signatures shall be provided to the other party within fifteen (15) day of the applicable facsimile transmission, provided, however, that the failure to provide the original counterpart shall have no effect on the validity or the binding nature of the Agreement. 20. Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with and governed by the laws of the State of Nebraska. The Company and the Provider hereby expressly agree that any action to interpret, construe, enforce this Agreement shall be brought in the County Court in and for Hall County, in the State of Nebraska. 21. Enforcement. If either party resorts to legal action to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover the costs and expenses of the action, including without limitation, reasonable attorneys' fees. Grand Island Council Session - 12/22/2015 Page 102 / 158 22. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not affect, impair or invalidate the remainder of this Agreement. 23. Further Assurances. The parties hereto agree to execute such other instruments, documents or agreements as may be reasonable, necessary or desirable for the implementation of this Agreement and the consummation of the transactions contemplate herein. 24. Entire Agreement. This Agreement embodies the entire agreement of the parties hereto, and supersedes all other oral or written agreements or understandings between them regarding the subject matter hereof. There are no agreements, representations or warranties of any kind, except as expressly set forth in this Agreement. The parties acknowledge that in executing this Agreement they have relied solely on their own judgment, belief and knowledge, and the advise of their own respective legal counsel, and, except for representations expressly set forth herein, they have not been influenced by any other representation or statement. 25. Amendment. No modification, amendment, or alteration of this Agreement shall be valid unless in writing and signed by each of the parties hereto. 26. Gender and Number. Whenever the context of this Agreement requires, the gender of all words shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural. 27. Heading Descriptive. The headings of the several sections of this Agreement are intended for convenience only and shall not in any ay affect the meaning or construction of any of this Agreement. 28. Change in Law. The parties hereto shall modify any term of this Agreement or the omission of any term from this Agreement violates any federal or state law or regulation, including, without limitation: the Standards for Privacy oflndividually Identifiable Health Information (45 CFR parts 160 and 164); the Health Insurance Reform: Standards for Electronic Transactions; Announcement of Designated Standard Maintenance Organizations (45 CFR Parts 160 and 163); an, the Security and Electronic Signature Standards (the "Security Standard") ( 45 CPR Part 142) (or the final version of the Security Standard once such final version is released), all promulgated under the Health Insurance Portability and Accountability Act of 1996 (Pub. L 104-191). Grand Island Council Session - 12/22/2015 Page 103 / 158 IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. GENERAL COLLECTION COMP ANY Mark Stelk, President City of Grand Island -Ambulance By: ~~~~~~~~~~~~~~~~~- Grand Island Council Session - 12/22/2015 Page 104 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-344 WHEREAS, the City of Grand Island advertised a request for proposal for ambulance collection agency services; and WHEREAS, the City received and reviewed proposals from vendors; and WHEREAS, General Collections Co., Inc. is the vendor recommended to provide ambulance collection agency services; and WHEREAS, General Collections Co., Inc. will charge the City Of Grand Island a fee of 25% of the gross amount collected, unless the account is forwarded to another agency then the fee is 40%. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the contract with General Collections Co., Inc. for ambulance collection agency services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 105 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item G-12 #2015-345 - Approving Agreement with Credit Management Services, Inc. for Utility Collections Services Staff Contact: William Clingman, Interim Finance Director Grand Island Council Session - 12/22/2015 Page 106 / 158 Council Agenda Memo From:William Clingman, Interim Finance Director Meeting:December 22, 2015 Subject:Approval of Agreement with Credit Management for Utility Collections Services Presenter(s):William Clingman, Interim Finance Director Background Utility and Ambulance collection services are currently operating under contracts establish in 2003. Therefore, an RFP (Request for Proposals) was advertised in the Grand Island Independent on October 8, 2015. Submittals were due at 4:00 PM (CST) on October 27, 2015. At that time nine submittals were received. Discussion A committee was established within the Finance Department to evaluate the RFP’s that were submitted. The committee reviewed and scored potential bidders primarily on three criteria, which were: 1.Ability to send and receive files in the required formats 2.Percentage (%) fee of the amount collected 3.Proof of ability to collect (percentage of amount collected vs. total amount sent to collections). Ambulance and Utility services were also evaluated separately. After the evaluation process for Utility collections was completed, the committee decided to move forward with Credit Management as their choice for Utilities collections services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Resolution as presented. 2.Refer the item to a committee 3.Postpone the issue to a future meeting. Grand Island Council Session - 12/22/2015 Page 107 / 158 4.Take no action. Recommendation City Administration recommends that the Council approve the contract with Credit Management. Sample Motion Move to approve the contract with Credit Management. Grand Island Council Session - 12/22/2015 Page 108 / 158 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR COLLECTION AGENCY SERVICES RFP DUE DATE: October 27, 2015 at 4:00 p.m. DEPARTMENT: Finance PUBLICATION DATE: October 8, 2015 NO. POTENTIAL BIDDERS: 3 SUMMARY OF PROPOSALS RECEIVED I.C. System Creditor Advocates, Inc. St. Paul, MN Burnsville, MN Credit Management General Collection Co., Inc. Grand Island, NE Grand Island, NE Monarch Recovery Management, Inc. Kansas Counselors, Inc. Philadelphia, PA Lenexa, KS The Affiliated Group Online Collections Rochester, MN Winterville, NC United Adjustments Kentland, IN cc: Marlan Ferguson, City Administrator William Clingman, Interim Finance Director Stacy Nonhof, Purchasing Agent P1846 Grand Island Council Session - 12/22/2015 Page 109 / 158 Grand Island Council Session - 12/22/2015 Page 110 / 158 Grand Island Council Session - 12/22/2015 Page 111 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-345 WHEREAS, the City of Grand Island advertised a request for proposal for utility collection agency services; and WHEREAS, the City received and reviewed proposals from vendors; and WHEREAS, Credit Management Services, Inc. is the vendor recommended to provide utility collection agency services; and WHEREAS, Credit Management Services, Inc. will charge the City Of Grand Island a fee of 25% of the gross amount collected. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the contract with Credit Management Services, Inc. for utility collection agency services - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 112 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item H-1 Consideration of Forwarding Blighted and Substandard Area #19 (Mark Otto – Premier Home Sales) to the Hall County Regional Planning Commission. Staff Contact: Chad Nabity Grand Island Council Session - 12/22/2015 Page 113 / 158 Council Agenda Memo From:Chad Nabity, AICP Meeting:December 22, 2015 Subject:Proposed Blighted and Substandard Area #19 Presenter(s):Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Substandard and Blight Study as prepared for Mark Otto by Marvin Planning Consultants. This study is for approximately 11.94 acres of property in southeast Grand Island located north of U.S. Highway 34 and east of Locust Street. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The full study is attached for your review and consideration. Mr. Otto has submitted this study for the review and consideration of the Grand Island City Council as permitted by Nebraska law. Mr. Otto is representing persons proposing to purchase property in this area and would proceed with further development of the property if the area can be declared blighted and substandard. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. The question before Council will be whether to send the Study to the Planning Commission for their review and feedback. If the item is not sent to the Planning Commission the Council cannot declare the area substandard and blighted. Planning Commission will meet on January 6 and would have a recommendation ready following that meeting. Once an area has been declared substandard and blighted the CRA can accept redevelopment proposals for the area that might or might not include an application for Tax Increment Financing. Should this be approved you can anticipate that Mr. Otto and his investors will submit an application for TIF to assist with the costs associated with fully developing this property. Grand Island Council Session - 12/22/2015 Page 114 / 158 Discussion The action item tonight relate to the Study for proposed CRA Area No. 19 in southeast Grand Island as shown below. The study was prepared for 11.94 acres, of all of which are in the Grand Island City Limits. This property was not included with the adjacent Area 2 in 1999-2000 because it was not in the city limits at that time. Robert Sivick, City Attorney has reviewed the Nebraska Statutes and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutory procedures for accomplishing blight relief include the following steps: (1) the identification of a community redevelopment area consisting of portions of a city declared to be substandard or blighted in accordance with statutory definitions Grand Island Council Session - 12/22/2015 Page 115 / 158 and in need of redevelopment, (2) the formulation of a redevelopment plan for such area or a redevelopment project within such area, and (3) the implementation of the redevelopment plan through various means including acquisition, sale, leasing, and contracting for redevelopment. Nebraska Revised State Statutes (NRSS) 18-2103, 18-2107, and 18-2109. Under this statutory scheme, the governing body shall afford maximum opportunity consistent with the sound needs of the city as a whole to the rehabilitation or redevelopment of the community redevelopment area by private enterprise. A private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment. See Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979), Fitzke v. Hastings, 255 NEB 46 (1998) At this point, Council is only considering point 1 of Mr. Sivick’s opinion. According to NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to review the Blight Study prior to Council declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight, State Statute requires that the question of whether an area is substandard and blighted is submitted to the Planning Commission for its review and recommendation. The Planning Commission recommendation should be done at the first available opportunity, as the Planning Commission has 30 days to respond to Council’s request for a recommendation. Blighted Area of the Community The city of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of December 1, 2015, 19.78% of the City has been declared blighted and substandard. Area 19 would add another 0.06% bringing the total area declared to 19.84%. The CRA commissioned a study of the Veteran’s Home property (Proposed Area 16) that covered 530 acres and would if approved add 2.77% to the total declared blighted and substandard. If both areas were to be approved and there are no changes in the city limits or areas declared blighted and substandard 22.61% of the city would be declared blighted and substandard. It does not appear that the declaration of Area 19 would significantly impact the City’s ability to declare other areas substandard and blighted. Grand Island Council Session - 12/22/2015 Page 116 / 158 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to forward the Study to the Planning Commission for their recommendation. 2.Move to not forward the Study to the Planning Commission for their recommendation 3.Refer the issue to a Committee 4.Postpone the issue to future date 5.Take no action on the issue Recommendation City Administration recommends that the Council Move to forward the Study to the Planning Commission if Council wishes to consider the use of Tax Increment Financing as a redevelopment tool for this property. Sample Motion Move to adopt resolution to forward the Study to the Planning Commission for their review and recommendation. Grand Island Council Session - 12/22/2015 Page 117 / 158 Grand Island, Nebraska Blight and Substandard Study - Area 19 Grand Island Council Session - 12/22/2015 Page 118 / 158 Grand Island Council Session - 12/22/2015 Page 119 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. This study has been commissioned by the Mark Otto in order to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under sections 18-2101 to 18-2144, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings and improvements, the disposition of any property acquired, and providing of necessary public improvements”. The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” Blight and Substandard are defined as the following: “Substandard areas means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” “Blighted area means an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which Grand Island Council Session - 12/22/2015 Page 120 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 2 endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a shall not designate an area larger than one hundred percent of the as blighted;” This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include:  The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and  A list of the conditions present which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area includes what was once a ball field location and a farm house within the corporate limits of Grand Island. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Study Area The Study consists of Lot 3 of Vanosdall 2nd Subdivision, as proposed and an adjacent property described as Misc. Tracts PT S1/2 SW1/4 SW1/4 27-11-9 containing 11.94 acres. Grand Island Council Session - 12/22/2015 Page 121 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 3 Figure 1 Study Area Map Source: Marvin Planning Consultants 2015 Grand Island Council Session - 12/22/2015 Page 122 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 4 EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community, and produce a number of impacts either benefitting or detracting from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2015 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 1.2 100.0%10.1% Single-family 1.2 100.0%10.1% Multi-family 0 0.0%0.0% Manufactured Housing 0 0.0%0.0% Commercial 0 0.0%0.0% Industrial 0.00 0.0%0.0% Quasi-Public/Public 0 0.0%0.0% Parks/Recreation 0 0.0%0.0% Transportation 0.00 0.0%0.0% Total Developed Land 1.2 100.0% Vacant/Agriculture 10.74 89.9% Total Area 11.94 100.0% Source: 2015 Grand Island Blight Study Area 19, Marvin Planning Consultants Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compare the all land uses to the total area within the Study Area. The Study Area is predominately vacant but is attached to a property with an older farm house. The vacant property at one point in the lands life was a ball field (the old concession stand and game room still are on the property). Grand Island Council Session - 12/22/2015 Page 123 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 5 Figure 2 Existing Land Use Map Source: Marvin Planning Consultants, 2015 Grand Island Council Session - 12/22/2015 Page 124 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 6 FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There were a number of conditions examined and evaluated in the field and online. There are a number of conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Within the study area there is a total of two primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  1 (50.0%) units were determined to be 40 years of age or older  1 (50.0%) units were determined to be less than 40 years in age The age of the structures would be a direct contributing factor. Figure 3 Unit Age Map Source: Marvin Planning Consultants, 2015 Grand Island Council Session - 12/22/2015 Page 125 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 7 Structural Conditions Structural conditions were evaluated, structures were either rated as: Very Good, Good, Average, or badly worn. The data and rating system comes from the Hall County Assessor’s database and is the same database used to value properties in the area. The old concession stand was evaluated by the planning team. Based upon the data provided to the planning team, the following is the breakdown for structures in the study area:  0 ( 0.0% ) structures rated as very good  0 ( 0.0%) structures rated as good  1 (50.0%) structures rated as average  1 (50.0%) structure rated as badly worn Figure 4 Structural Conditions Source: Marvin Planning Consultants, 2015 Grand Island Council Session - 12/22/2015 Page 126 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 8 Based upon these data, an assumption has been made that average condition and less would constitute less than desirable conditions due to age and conditions. It is common that the older a structure gets the more maintenance and upkeep are required in order to maintain a good or higher condition. Even an average structure will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Deterioration of Site or Other Improvements Sidewalk Conditions Sidewalks, regardless of the area and uses within a community, should provide a safe means of movement for pedestrians. Sidewalks become increasingly more important along transportation routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while keeping people off of heavily traveled streets. The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four categories; adequate, deteriorating, dilapidating, and missing completely. Figure 5 Sidewalk Conditions Source: Marvin Planning Consultants, 2015 Grand Island Council Session - 12/22/2015 Page 127 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 9 Within the study area there is approximately 893 lineal feet of area where sidewalk could or should be located. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area:  0 (0.0%) lineal feet of adequate sidewalk  0 (0.0%) lineal feet of deteriorating sidewalk  893 (100.0%) lineal feet of no sidewalk. There are no sidewalks present within the study area accessible to pedestrian traffic. Considering the uses along US Highway 34 to the south there should be sidewalk in place. Curb and Gutter Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary functions is to be a barrier to collect and direct water to be drained away. On a secondary level, they can help define where the streets start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area were examined similarily to sidewalks. The curb and gutter were graded as either adequate, deteriorating, dilapidated, or missing. Within the study area there is approximately 893 lineal feet of curb and gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions breakdown within the corporate limits:  0 (0.0%) lineal feet of adequate curb and gutter  0 (0.0%) lineal feet of deteriorating curb and gutter  893 (100.0%) lineal feet of no curb and gutter or rural section. Figure 6 Curb and Gutter Conditions Source: Marvin Planning Consultants, 2015 Grand Island Council Session - 12/22/2015 Page 128 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 10 In total, 100% of the curb and gutters are missing. See Figure 6 for the locations of these curb and gutter. The area is designed for surface drainage as opposed to underground stormwater piping. Due to the large amount of missing curb and gutter, the curb and gutter conditions would be a direct contributing factor. Drainage Conditions Grand Island has a long history of drainage issues due to the extreme flatness of the area, as well as the high water table. Topography and soils can have a major impact on how a given portion of the city drains. The area designated in this Study Area is nearly flat or has an extremely small slope. The field survey examined the entire area for potential drainage problems. Another item of note deals with the actual number of stormwater inlets in the study area. There are no stormwater inlets within the entire study area. All of the water has to surface drain or be absorbed into the soils. Figure 7 is an existing topographic map from the City of Grand Island’s website. The map confirms the flatness of the area along US Highway 34. The most common contours identified on the map is the 1850 and 1855; however, they are separated by a great deal of distance. The potential for standing water on this site is great. Standing water from poor drainage can be a catalyst for health issues like West Nile due to the potential mosquito breeding during the summer months. Drainage also can be tied directly to the, curb and gutter conditions. Figure 7 Topographic Map of Study Area Source: City of Grand Island (topographic map) and Marvin Planning Consultants Faulty Lot Layout Faulty lot layout can lead to a number of issues including size of a lot, adequacy of the lot for the use, accessibility to the lot and/or the usefulness of the lot. There are a number of factors to examine within this particular study area. Accessibility of the Lots Currently the has two points of access. Both of these points are less than ideal. The first is a shared access with the homeowner directly east of the primary property. The second is via an easement granted by the Grand Island CRA through their adjacent property to reach this Grand Island Council Session - 12/22/2015 Page 129 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 11 property. Accessibility to this area is greatly reduced due to the access management policy along US Highway 34 by the Nebraska Department of Roads. Figure 8 Topographic Map of Study Area Source: Marvin Planning Consultants, 2015 Insanitary or Unsafe Conditions There are a number of factors tending to fall under this category. The study area was found to have several factors falling into insanitary and unsafe. The following will outline the conditions found. Deteriorated structure The old concession stand on the largest parcel in this study is a considerable hazard. This building is extremely bad condition and presents potential life threatening hazards if anyone were to sneak onto the property. CRA Easement Shared Access Broken Glass – Easy access to dilapidated structure Open eave – easy access to the roof structure Grand Island Council Session - 12/22/2015 Page 130 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 12 Unsecured Areas The primary parcel is currently unsecured and has the hazardous building as discussed in the previous paragraph. Steps need to be taken to either secure the property or eliminate the hazardous conditions. Existence of Conditions endangering life or property due to fire or other causes Located within the study area there are factors present that are a danger to life or property due to fire or other causes. A number of these factors have been previously discussed in this report. These factors include:  The presence of an extremely deteriorated and hazardous structure.  Proximity to a sand pit lake on the northern edge of the property. Based upon the field analysis, there are sufficient elements present to meet the definition of dangerous conditions within the Study Area. Combination of factors which are impairing and/or arresting sound growth Within this small study area there are a number of factors that are impairing or arresting sound growth. A couple of these include:  The lack of good access to the site from US Highway 34 and South Locust Street.  Access to sanitary sewer, closest sanitary sewer connection is north of sandpit lake (north of site). Sanitary sewer will need to be run around the east end of the sandpit lake to the site.  Access to water. Nearest water line is across US Highway 34 on the Wal-Mart property.  Existing Blight and Substandard Area 2 which is along South Locust Street. Area 19 would likely have been included in Area 2 if it had been in the corporate limits at the time Area 2 was completed.  Sand pit lake to the north. Based upon the review of the area, there are sufficient elements present to meet the definition of combination of factors which are impairing and/or arresting sound growth within the Study Area. Dilapidated Concession Stand No perimeter security fence – easy access to dilapidated structure Grand Island Council Session - 12/22/2015 Page 131 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 13 Stable or decreasing population based on the last two decennial censuses Over the past 20 years the population within the study area has been stable. The population within the Study Area has had limited population for the past two decennial censuses. Therefore, it meets the criteria for a stable or decreasing population. Blighting Summary These conditions are contributing to the blighted conditions of the study area.  Average age of structures is over 40 years of age o Within the Study Area 50.0% of the structures meet the criteria of 40 years of age or older.  Substantial number of deteriorating structures o Within the study are 100.0% of the structures were deemed to be in a deteriorated state or worse.  Deterioration of site or other improvements o No sidewalk leading to, on, or adjacent to this site. o 100% of the surrounding drainage is rural section. o Drainage of existing site is difficult based upon the existing topography.  Faulty Lot Layout o Accessibility to some lots is currently a problem.  Insanitary or Unsafe Conditions o Lack of sidewalk in the Study Area. o Deteriorated structure. o Unsecured site which contains a dangerous and dilapidated structure. o Vacant property.  Dangerous conditions to life or property due to fire or other causes o Dilapidated structure on site with broken glass and materials loose or missing allowing individuals or animals excess. o Lack of sidewalk within the Study Area o Sand pit lake to the north of the site.  Combination of factors which are impairing and/or arresting sound growth o Lack of good access to the site. o Access to sanitary sewer o Access to water o Existing Blighted and Substandard Area 2 o Sand pit lake to the north  Stable or decreasing population based on the last two decennial censuses o The population of the Study Area has remained stable over the past 22 years. The other criteria for Blight were not present in the area, these included:  Improper Subdivision or obsolete platting  Diversity of Ownership  Defective/Inadequate street layouts,  Tax or special assessment delinquency exceeding fair value of the land.  Defective or unusual condition of title,  Unemployment in the designated area is at least 120% of the state or national average.  One-half of unimproved property is over 40 years old.  The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Grand Island Council Session - 12/22/2015 Page 132 / 158 Blight and Substandard Study City of Grand Island, Nebraska • December 2015 Page 14 Substandard Conditions Average age of the residential or commercial units in the area is at least 40 years Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of units that are 40 years of age or older to be a contributing factor regardless of their condition. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Within the study area there is a total of two structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  1 (50.0%) units were determined to be more than 40 years of age  1 (50.0%) units were determined to be less than 40 years of age There is a predominance of units 40 years of age or older. Existence of Conditions endangering life or property due to fire or other causes Located within the study area there are factors present that are a danger to life or property due to fire or other causes. A number of these factors have been previously discussed in this report. These factors include:  The presence of an extremely deteriorated and hazardous structure.  Proximity to a sand pit lake on the northern edge of the property. Based upon the field analysis, there are sufficient elements present to meet the definition of dangerous conditions within the Study Area. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #19 Blight Study Area #19 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions  Average age of structures is over 40 years of age  Substantial number of deteriorated or deteriorating structures  Deterioration of site or other improvements  Faulty Lot Layout  Insanitary and Unsafe Conditions  Combination of factors which are impairing and/or arresting sound growth  Stable or decreasing population based on the last two decennial censuses Substandard Conditions  Average age of the structures in the area is at least forty years  Dangerous conditions to life or property due to fire or other causes Grand Island Council Session - 12/22/2015 Page 133 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item I-1 #2015-346 - Consideration of Appointment of Renae Griffiths as Finance Director/City Treasurer Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2015 Page 134 / 158 Council Agenda Memo From:Mayor Jeremy Jensen Meeting:December 22, 2015 Subject:Appointment of Renae Griffiths as Finance Director / City Treasurer Presenter(s):Mayor Jeremy Jensen Background The search for a new Finance Director/City Treasurer began in January of 2015. During this time, Billy Clingman has served as the Interim Finance Director/City Treasurer during the search. The recruitment process was conducted by the City’s Human Resources Department.The selection process included involvement from various Department Directors, two City Council members, the Interim Finance Director and the City Administrator. Under Neb. Rev. Stat., §16-308 and Grand Island City Code, §2-30, the office of, Finance Director/City Treasurer for the City of Grand Island, Nebraska, is an appointed position. The position is appointed by the Mayor and approved by the Council and serves through the Mayor’s term. Discussion I am pleased to present Renae Griffiths as my choice for appointment to the Finance Director/City Treasurer position. Griffiths served as the director of finance for the city of Scottsbluff, Neb., since 2002. Her responsibilities included the preparation of annual finance statements in accordance with the Government Accounting Standards Board, billing and collection of city utility revenues, processing claims for payments, and preparing documentation for and assisting with bond counsel with bond issues. In addition, Griffiths was in charge of maintaining fixed assets inventory, development production and management of the annual budget, quarterly and year-end payroll reports, and represents the Finance Department at council meetings. Prior to serving as the director of finance in Scottsbluff, Griffiths was an accountant for Wiedeman Financial Services in Gering, Neb., and a supervisor for Fred A. Lockwood & Grand Island Council Session - 12/22/2015 Page 135 / 158 Co., P.C. in Scottsbluff. At Wiedeman Financial Services, Griffiths prepared tax returns, tax planning, quarterly and year-end payroll reports including W-2’s. When supervising at Fred A. Lockwood & Co., P.C., Griffiths was responsible for such things as auditing for profit and governmental agencies, bookkeeping, tax planning, consultation, preparation of quarterly and year-end payroll reports and training staff accountants and clerical personnel on payroll processing. Griffiths earned a bachelor’s degree in accounting composite and a Master in Business Administration, both from Chadron State College. Griffiths is a certified public accountant and a certified public finance officer. As the finance director, Griffiths will oversee Information Technology and the Finance divisions. In addition, she will serve as a liaison between the city and various community boards, will be in charge of the day-to-day operations of the city’s finances, and will lead the budget process. Griffiths will have a starting salary of $101,997.92 annually and is anticipated to start on Jan. 4, 2016. Renae will bring a wealth of knowledge and experience to our team that will complement our current efforts of refocusing on long-range financial planning. We’re very fortunate to have this opportunity, and I believe her leadership will position us for the accelerating growth I expect Grand Island to experience over the next decade. Finally, I would also like to express my appreciation to Billy Clingman for continuing to represent the City Of Grand Island as the Interim Finance Director/City Treasurer during the candidate search. 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 I recommend the approval of Renae Griffiths as the Finance Director/City Treasurer. Sample Motion Move to approve Renae Griffiths as the Finance Director/City Treasurer. Grand Island Council Session - 12/22/2015 Page 136 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-346 WHEREAS, under Neb. Rev. Stat., §16-308, the office of Finance Director/City Treasurer, for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, under Grand Island City Code, §2-30, the office of Finance Director/City Treasurer, for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Finance Director/City Treasurer; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position to which they may be appointed until the end of the Mayor’s term of office; and WHEREAS, Renae Griffiths has accepted the offer and is prepared to start work on January 4, 2016 at Step 7 of the Finance Director/City Treasurer salary table of $101,997.92. WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Renae Griffiths is hereby duly appointed the Finance Director/City Treasurer for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 137 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item I-2 #2015-347 - Consideration of Resolution for Proposed Ballot Measure for Food and Beverage Tax Staff Contact: Marlan Ferguson Grand Island Council Session - 12/22/2015 Page 138 / 158 Council Agenda Memo From:Marlan Ferguson, City Administrator Meeting:December 22, 2015 Subject:Consideration of Resolution for Proposed Ballot Measure for Food and Beverage Tax Presenter: Marlan Ferguson, City Administrator Background On September 9, 2008, the City Council approved Ordinance #9189, which created a 1 1/2% tax on the sale of food and beverages to cover the construction of the Community Fieldhouse. The fieldhouse is used for indoor sports during the fall and winter months and doubles as the 4-H and FFA building during the Nebraska State Fair. On June 30, 2009, the City Council approved Ordinance #9224 which included the use of food & beverage tax revenues to cover the cost of moving the softball/baseball and soccer fields from the Fonner Park location to the Veterans Athletic Field Complex, in order to accommodate the Nebraska State Fair. On August 11, 2011, the City Council approved Ordinance #9315 which designated the use of the Food and Beverage tax to pay for the Nebraska State Fair support and Improvement Cash Matching Fund Pursuant to Neb. Rev. Stat. 2-108-110, and that any surplus funds would be designated for any additional voluntary payments on the City’s debt as the Council shall so designate. In 2010, the 10% local match was $311,221 and is expected to be approx. $400,000 in 2016. In July of 2012, LB745 became effective and requires any new occupation taxes or rate increases of existing occupation taxes for cities of the first class, be subject to voter approval. Discussion The current Food and Beverage tax will terminate when the debt arising out of the construction cost for the Community Fieldhouse is paid. It is proposed that a ballot measure be included in the May 10, 2016 primary election for the continuation and expansion of the existing 1 1/2% tax on all food and beverage, Grand Island Council Session - 12/22/2015 Page 139 / 158 which would commence following the termination of the current tax. The expansion of the tax includes the sale of all food and beverages presently subject to sales tax including alcohol, along with food and non-alcoholic beverages. Tax exempt sales are determined by the Nebraska Department of Revenue and include the following. Tax Exempt Sales Sales and use taxes do not apply to the following sales of: Certain sales of prepared food served or sold by schools, school groups, churches, and organizations licensed by the State for the care of human beings. See Reg-1-083, Prepared Food and Beverage Service; Reg-1-090, Nonprofit Organizations; Reg-1- 091, Religious Organizations; and Reg-1-092, Educational Institutions; Prepared food sold at political fund-raising events by ballot question committees, candidate committees, independent committees, and political party committees; Prepared food sold by residential facilities with communal dining rooms. For example, sales of meals to residents of a fraternity are not taxable. However, if a caterer sells meals to a fraternity, this is taxable and tax must be collected from the fraternity; Prepared food sold by organizations for the elderly, handicapped, or recipients of Supplemental Security Income authorized to accept electronic benefits transfer or food coupons; and Concession sales of prepared food when sold by elementary and secondary schools at school events. The FY15-16 budgeted food and beverage tax revenue is $1,631,847 and has been forecasted by the Nebraska Department of Revenue that the addition of alcohol will increase revenue by 10-15%. The proposed new tax, which is shared by residents and all who visit Grand Island to dine and drink, will allow the City of Grand Island to invest in projects, programs and events that are important to our families and will attract more visitors to Grand Island. Any ballot measure for voter consideration in the 2016 primary election needs to be submitted to the Hall County Election Office no later than March 21, 2016. A resolution approved by the City Council is required prior to the submittal of a ballot measure. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Refer the topic back to City Staff. 3.Postpone the topic to future date. 4.Take no action on the topic. Grand Island Council Session - 12/22/2015 Page 140 / 158 Recommendation City Administration recommends that Council approve Resolution 2015-347 authorizing a one and one half percent (1 1/2%) food and beverage tax measure to be placed on the May 10, 2016 primary election ballot and that the ballot language, in the resolution, designate how the proceeds of the tax would be expended. Sample Motion Move to approve Resolution 2015-347 for placing the continuation and expansion of the Occupation Tax on Food and Beverage on the May 10, 2016 primary ballot. Grand Island Council Session - 12/22/2015 Page 141 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-347 WHEREAS, the Mayor and City Council of the City of Grand Island have expressed their desire to continue and expand an occupation tax of one and one half percent (1 ½%) on all food and beverages; and WHEREAS, the Mayor and City Council wish to place this issue before the voters of the City of Grand Island, Nebraska for their decision at the next regular scheduled primary election to be held on May 10, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the following question be submitted to the qualified electors of the City of Grand Island at the next regular scheduled primary election to be held within the City on May 10, 2016: “Shall the City of Grand Island impose an occupation tax of one and one half percent (1½%) on the sale of all food and beverages presently subject to sales tax in commercial establishments in the City of Grand Island, which occupation tax shall be imposed pursuant to Nebraska Statutes Sections 16-205 and 18-1208? Additional information about the proposed Occupation Tax: The proceeds from this tax shall be used for the following community enhancements: The annual financial commitment to the Nebraska State Fair as required by state law; Promote entertainment, agricultural and livestock shows, trade shows and similar events that will attract visitors to Grand Island; Ongoing enhancement and development of recreation and athletic facilities such as hike, bike and recreational trails, ball fields and other community activity needs; Invest in community development projects and activities that stimulate progress and growth for Grand Island. The City shall be entitled to finance any of the above projects through the acquisition of debt including but not limited to bonds. The City of Grand Island shall be authorized to impose the occupation tax until repealed by the Grand Island City Council or the voters of Grand Island conditioned on the payment of outstanding debt incurred for the uses detailed above. Grand Island Council Session - 12/22/2015 Page 142 / 158 - 2 - __FOR said proposal __AGAINST said proposal BE IT FUTHER RESOLVED that the City Clerk is authorized and directed to certify at least fifty days prior to the election a copy of this result to the Hall County Election Commissioner, who shall conduct the election as provided by law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 143 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item I-3 #2015-348 - Consideration of Resolution to Transfer the Veterans Home Property from the State of Nebraska to the City of Grand Island Staff Contact: Marlan Ferguson Grand Island Council Session - 12/22/2015 Page 144 / 158 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:December 22, 2015 Subject:Consideration of Resolution Supporting the Transfer of Ownership of the Grand Island Veterans Home from the State of Nebraska to the City of Grand Island Presenter(s): Marlan V. Ferguson, City Administrator Background Throughout 2015 City of Grand Island (City) officials and members of the Mayor’s Special Committee have communicated and negotiated with the State of Nebraska (State) seeking transfer of ownership of the Grand Island Veterans Home (Veterans Home) to the City. Earlier this month State and City officials jointly announced a tentative agreement and schedule to convey title of the Veterans Home to the City. Discussion The November 13, 2015 Nebraska Department of Administrative Services White Paper sets forth the tentative terms and schedule for the transfer of ownership of the Veterans Home to the City. The City Attorney reviewed the terms and schedule contained in the White Paper and approves of its content. The first step in the transfer of the ownership of the Veterans Home is the approval of Resolution 2015-348 before the Council for consideration this evening. If approved the State will execute a Quitclaim Deed for the portion of the Veterans Home real estate presently used for agricultural and recreational purposes along with the Veterans Cemetery. Further transfer of Veterans Home real estate and improvements will be carried out by State and City officials dependent on planned construction of a new Veterans Home in Kearney, the relocation of Veterans Home residents, and the vacation of the State from Veterans Home land and buildings. Most importantly, the approval of Resolution 2015-348 will serve as the City’s formal commitment to the transfer of ownership of the Veterans Home and allow both State and City officials to begin working on necessary details to accomplish the complete transfer sometime in the next several years. Grand Island Council Session - 12/22/2015 Page 145 / 158 Alternatives It appears the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation The City Administration recommends the approval of Resolution 2015-348. Sample Motion Move to approve Resolution 2015-348. Grand Island Council Session - 12/22/2015 Page 146 / 158 Grand Island Council Session - 12/22/2015 Page 147 / 158 Grand Island Council Session - 12/22/2015 Page 148 / 158 Grand Island Council Session - 12/22/2015 Page 149 / 158 Grand Island Council Session - 12/22/2015 Page 150 / 158 Grand Island Council Session - 12/22/2015 Page 151 / 158 Grand Island Council Session - 12/22/2015 Page 152 / 158 Grand Island Council Session - 12/22/2015 Page 153 / 158 Grand Island Council Session - 12/22/2015 Page 154 / 158 Grand Island Council Session - 12/22/2015 Page 155 / 158 Grand Island Council Session - 12/22/2015 Page 156 / 158 Approved as to Form ¤ ___________ December 18, 2015 ¤ City Attorney R E S O L U T I O N 2015-348 WHEREAS, over the course of the last year State of Nebraska and City of Grand Island officials have been meeting and communicating regarding the future use of the Grand Island Veterans Home; and WHEREAS, it is in the best interests of the State of Nebraska and the City of Grand Island title to the real estate and improvements comprising the Grand Island Veterans Home be transferred from the State to the City in accordance with the tentative schedule set forth in the November 13, 2015 White Paper prepared by the Nebraska Department of Administrative Services; and WHEREAS, the State of Nebraska has agreed to transfer to the City that portion of the Grand Island Veterans Home real estate presently being used for agricultural and recreational purposes along with the Veterans Cemetery; and WHEREAS, the proposed matter as stated above has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the City of Grand Island accepts conveyance from the State of Nebraska to title to real estate located at the Grand Island Veterans Home site presently being used for agricultural and recreational use along with the Veterans Cemetery. Furthermore, City staff is directed to take all necessary action to effect the eventual transfer of title to real estate and improvements pursuant to the terms and tentative schedule set forth in the November 13, 2015 Nebraska Department of Administrative Services White Paper. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2015. _______________________________________ Jeremy L. Jensen, Mayor ATTEST: _______________________________________ Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 12/22/2015 Page 157 / 158 City of Grand Island Tuesday, December 22, 2015 Council Session Item J-1 Approving Payment of Claims for the Period of December 9, 2015 through December 22, 2015 The Claims for the period of December 9, 2015 through December 22, 2015 for a total amount of $6,151,954.26. A MOTION is in order. Staff Contact: William Clingman Grand Island Council Session - 12/22/2015 Page 158 / 158