The URL can be used to link to this page

09-24-2019 City Council Regular Meeting Packet City of Grand Island Tuesday, September 24, 2019 Council Session Agenda City Council: Jason Conley Vacant Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Mark Stelk Mayor: Roger G. Steele City Administrator: Jerry Janulewicz City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 9/24/2019 Page 1 / 289 City of Grand Island Tuesday, September 24, 2019 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 John Hayes, Grace Baptist Church, 1115 South Vine Street 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 - 9/24/2019 Page 2 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item C-1 Presentation of the Food & Beverage Occupation Tax Oversight Committee 2019 Annual Report Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/24/2019 Page 3 / 289 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:September 24, 2019 Subject:Annual Report by the Food & Beverage Occupation Tax Oversight Committee Presenter(s):Ron Depue, Chairman Background The voters of the City of Grand Island approved an occupation tax on food and beverages of one and one half percent (1½%) at the May 10, 2016 election. Subsequent to the election, the city has adopted an ordinance that establishes the Food and Beverage Occupation Tax Oversight Committee to be responsible for reviewing the revenues and expenditures of the city’s occupation tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants. The Committee shall advise the public and city officials with regard to the city’s Food and Beverage Tax, and shall confirm that the Food and Beverage Tax revenues are accounted for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. The Occupation Tax Oversight Committee is required by the Grand Island City Code to make an annual report to the City Council. Discussion The Occupation Tax Oversight Committee has been conducting quarterly meetings during the last nine months as required by the City Code. The committee met on September 12, 2019, reviewed and approved the annual report and voted to forward it on to the City Council for its review. Grand Island Council Session - 9/24/2019 Page 4 / 289 Grand Island Council Session - 9/24/2019 Page 5 / 289 Grand Island Council Session - 9/24/2019 Page 6 / 289 Grand Island Council Session - 9/24/2019 Page 7 / 289 Grand Island Council Session - 9/24/2019 Page 8 / 289 Grand Island Council Session - 9/24/2019 Page 9 / 289 Grand Island Council Session - 9/24/2019 Page 10 / 289 Grand Island Council Session - 9/24/2019 Page 11 / 289 Grand Island Council Session - 9/24/2019 Page 12 / 289 Grand Island Council Session - 9/24/2019 Page 13 / 289 Grand Island Council Session - 9/24/2019 Page 14 / 289 Grand Island Council Session - 9/24/2019 Page 15 / 289 Grand Island Council Session - 9/24/2019 Page 16 / 289 Grand Island Council Session - 9/24/2019 Page 17 / 289 Grand Island Council Session - 9/24/2019 Page 18 / 289 Grand Island Council Session - 9/24/2019 Page 19 / 289 Grand Island Council Session - 9/24/2019 Page 20 / 289 Grand Island Council Session - 9/24/2019 Page 21 / 289 Grand Island Council Session - 9/24/2019 Page 22 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item E-1 Public Hearing on Request from Amy Jeanene Schutte dba Bella Design & Décor, 110 East 3rd Street for a Class “C” Liquor License Council action will take place under Consent Agenda item G-7. Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 23 / 289 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2019 Subject:Public Hearing on Request from Amy Jeanene Schutte dba Bella Design & Decor, 110 East 3rd Street for a Class “C” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Amy Jeanene Schutte dba Bella Design & Decor, 110 East 3rd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 9/24/2019 Page 24 / 289 Staff recommends approval of the liquor license contingent upon final inspections and Ms. Schutte completing a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Amy Jeanene Schutte dba Bella Design & Decor, 110 East 3rd Street for a Class “C” Liquor License contingent upon final inspections and completion of a state approved alcohol server/seller training program. Grand Island Council Session - 9/24/2019 Page 25 / 289 Grand Island Council Session - 9/24/2019 Page 26 / 289 Liquor License Application:Class “C” : Amy Jeanene Schutte d/b/a Bella Design & Décor ^_ PIN E S T N 1ST ST W O A K S T N OAK ST S2ND ST W 2ND ST E3RD ST W 3RD ST E1ST ST E4TH ST ES Y C A M O R E S T N PINE ST SWA L N U T S T N KIMBALL AVE S4TH ST W 5TH ST ESYCAMORE ST SLOCUST ST S5TH ST W KOENIG ST E C E D A R S T N L O C U S T S T N WA L N U T S T S E L M S T N SOUTH FR O NT ST E6TH ST W E L M S T S DIVISIO N ST EC E D A R S T S VIN E S T N CHARLES ST ESOUTH FRO NT ST W KI M B A L L A V E N W H E E L E R A V E N WH E E L E R A V E S DIVISIO N ST W PLUM ST NNORTH FRO NT ST ECOURT ST E KOENIG ST W CHARLES ST W UPRR DRKI M B A L L A V E N L O C U S T S T N VIN E S T N W H E E L E R A V E N KOENIG ST W W A L N U T S T S Ê 106 E 3rd St Legend ^_106 E 3rd St !Licensed Locations Roads 1 inch = 400 feet Grand Island Council Session - 9/24/2019 Page 27 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item E-2 Public Hearing on Request from Mayra Foods, LLC dba Sanchez Restaurant – Jaz’s Tacos, 218 So. Wheeler Avenue for a Class “I” Liquor License Council action will take place under Consent Agenda item G-8. Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 28 / 289 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2019 Subject:Public Hearing on Request from Mayra Foods, LLC dba Sanchez Restaurant-Jaz’s Tacos, 218 So. Wheeler Avenue for a Class “I” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Mayra Foods, LLC dba Sanchez Restaurant-Jaz’s Tacos, 218 So. Wheeler Avenue has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 9/24/2019 Page 29 / 289 Also submitted was a request for Liquor Manager Designation for Mayra Betancourt, 241 So. Vine Street. Ms. Betancourt has completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Mayra Foods, LLC dba Sanchez Restaurant-Jaz’s Tacos, 218 So. Wheeler Avenue for a Class “I” Liquor License contingent upon final inspections and Liquor Manager Designation for Mayra Betancourt, 241 So. Vine Street. Grand Island Council Session - 9/24/2019 Page 30 / 289 Grand Island Council Session - 9/24/2019 Page 31 / 289 Liquor License Application:Class “I” : Jaz’s Tacos ^_ E L M S T S1ST ST W LOCUST ST S2ND ST W 3R D ST W E D D Y S T S JOHN ST W C L E B U R N S T S 1ST ST ELO U ISE ST W C E D A R S T S KOENIG ST W PINE ST SKIMBALL AVE SCHARLES ST W PIER PARKSYCAMORE ST SC L A R K S T S WA L N U T S T N W A L N U T S T S ANNA ST W KOENIG ST E C E D A R S T N 2ND ST EASHTON AVE E PIN E S T N BISMARK RD E E L M S T N L O C U S T S T N O A K S T S DIVISION ST EOKLAHOMA AVE E CHARLES ST EDIVISION ST W W H E E L E R A V E N WH E E L E R A V E S COURT ST E SCHUFF ST C L E B U R N S T N G R E E N WIC H S T S BISMARK RD W OKLAHOMA AVE W ASHTON AVE W CHARLES ST W LOCUST ST SKIMBALL AVE SPINE ST SWA L N U T S T S KOENIG ST W PINE ST SOAK ST SDIVISION ST W Ê 218 WHEELER AVE S Legend ^_218 WHEELER AVE S !Licensed Locations Roads 1 inch = 405 feet Grand Island Council Session - 9/24/2019 Page 32 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - 4075 West 13th Street - Hall County School District 2 Council action will take place under Consent Agenda item G-14. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2019 Page 33 / 289 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 24, 2019 Subject:Acquisition of Utility Easement – 4075 West 13th Street – Hall County School District 2 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Hall County School District 2, through a part of Lot One (1), Block Two (2), Neumann Second Subdivision (4075 West 13th Street), in the City of Grand Island, Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Utilities Department plans to convert the overhead electric feeder lines to underground along 13th Street from Redwood Road to North Road. A six-inch conduit with 500 mcm cable and a four-inch future conduit will be installed along the north line of the property to accommodate the conversion project. The proposed easement will allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 9/24/2019 Page 34 / 289 Grand Island Council Session - 9/24/2019 Page 35 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item F-1 #9750 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/24/2019 Page 36 / 289 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:September 24, 2019 Subject:Consideration of Approving Salary Ordinance No. 9750 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 proposed changes to the salary ordinance. Discussion The proposed salary ordinance recognizes the changes to the collective bargaining agreement between the City of Grand Island the Fraternal Order of Police, Grand Island Lodge No. 24 effective October 1, 2019. The ordinance amends the following: the salary ranges of employees covered under the agreement, adds the classification and salary range of Police Lieutenant, removes the Training and Special Events bank; amends the medical leave payout at separation or employment or death, amends shift differential, and amends longevity pay, Lastly, the ordinance includes a correction to the listed salary range of the IBEW Utilities - Utility Groundman classification. The wages are listed as $28.0000 / $20.0188. The proposed ordinance corrects the wages to $20.0188 / $28.0000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 9/24/2019 Page 37 / 289 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 proposed Salary Ordinance No. 9750. Sample Motion Move to approve Salary Ordinance No. 9750. Grand Island Council Session - 9/24/2019 Page 38 / 289 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9750 An ordinance to amend Ordinance 9744 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 amend the salary ranges of employees covered under the FOP labor agreement; to add the FOP position and salary range of Police Lieutenant; to remove the FOP Training and Special Events Bank; to amend the FOP medical leave payout at separation of employment or death; to amend shift differential pay; to amend the FOP longevity pay; to correct the listed salary range of the IBEW – Utilities Utility Groundman; to remove the non-union positions and salary ranges of the Assistant City Administrator, the Assistant to the City Administrator, the Civil Engineering Manager-Utility PCC, and the Public Information Officer; to add the non-union position and salary range of Deputy City Clerk; to amend the salary ranges of non-union employees; to rename the IAFF position of Shift Commander to Battalion Chief; to add Longevity pay to the employees covered under the IAFF labor agreement; to add mileage reimbursement for IAFF employees using personal vehicles when moving between stations; to amend the salary ranges of employees covered under the IAFF labor agreement, the IBEW Service/Clerical/Finance, IBEW Wastewater, and the IBEW Utilities labor agreements; and to repeal those portions of Ordinance No. 9744 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, Grand Island Council Session - 9/24/2019 Page 39 / 289 ORDINANCE NO. 9750 (Cont.) - 2 - 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 26.4150/38.6380 Exempt Accounting Technician – Solid Waste 20.4135/25.8403 40 hrs/week Administrative Coordinator – Public Works 22.0092/31.6931 40 hrs/week Assistant Finance Director 35.2700/51.4400 Exempt Assistant Public Works Director/Engineering 41.1300/63.0000 Exempt Assistant Utilities Director – Engineering/Business Operations 56.0485/81.7800 Exempt Assistant Utilities Director – Production 56.0485/81.7800 Exempt Assistant Utilities Director – Transmission 56.0485/81.7800 Exempt Attorney 35.0573/52.0769 Exempt Building Department Director 41.2900/60.9300 Exempt Cemetery Superintendent 26.2260/38.5105 Exempt City Administrator 76.1973/88.7644 Exempt City Attorney 51.1831/71.0744 Exempt City Clerk 33.8388/45.3688 Exempt Civil Engineer I 31.3740/44.5826 Exempt Civil Engineer II 35.6038/51.2718 Exempt Collection System Supervisor 26.3531/38.5602 40 hrs/week Community Development Administrator 23.0800/33.5800 40 hrs/week Community Service Officer – Part time 16.8469/23.5356 40 hrs/week Custodian – Library, Police 15.5701/21.6946 40 hrs/week Customer Service Representative 10.6729/14.7180 40 hrs/week Customer Service Team Leader 21.5389/29.8815 Exempt Deputy City Clerk 27.4400/35.5280 40 hrs/week Electric Distribution Superintendent 41.2596/54.9768 Exempt Electric Distribution Supervisor 38.8735/52.9283 40 hrs/week Electric Underground Superintendent 41.2596/54.9768 Exempt Electrical Engineer I 30.3798/43.3486 Exempt Electrical Engineer II 34.8211/50.1998 Exempt Emergency Management Deputy Director 28.9309/42.5398 Exempt Grand Island Council Session - 9/24/2019 Page 40 / 289 ORDINANCE NO. 9750 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Emergency Management Director 41.1754/60.9343 Exempt Engineer I – Public Works 34.6000/48.2600 Exempt Engineer I – WWTP 34.6000/48.2600 Exempt Engineering Technician - WWTP 22.7343/31.8463 40 hrs/week Equipment Operator - Solid Waste 20.1229/28.0023 40 hrs/week Finance Director 46.7955/70.9710 Exempt Finance Operations Supervisor 25.1200/35.2000 Exempt Fire Chief 46.7670/69.8151 Exempt Fire EMS Division Chief 39.6795/56.2614 Exempt Fire Operations Division Chief 39.6795/56.2614 Exempt Fire Prevention Division Chief 39.6795/56.2614 Exempt Fleet Services Shop Foreman 26.0843/38.8784 40 hrs/week GIS Coordinator - PW 29.8365/44.5116 Exempt Golf Course Superintendent 26.3811/38.1699 Exempt Grounds Management Crew Chief – Cemetery 22.0203/32.3915 40 hrs/week Grounds Management Crew Chief – Parks 23.6475/33.8464 40 hrs/week Human Resources Director 41.5100/62.1000 Exempt Human Resources Benefits/Risk Mgmt Coordinator 25.1073/37.3863 40 hrs/week Human Resources Recruiter 25.1073/37.3863 40 hrs/week Human Resources Specialist 25.1073/37.3863 40 hrs/week Information Technology Manager 39.8171/60.2115 Exempt Legal Secretary 21.9574/30.7236 40 hrs/week Librarian I 24.7613/33.1573 Exempt Librarian II 27.9810/36.9788 Exempt Library Assistant I 16.0535/23.2007 40 hrs/week Library Assistant II 19.8390/28.0855 40 hrs/week Library Director 44.9256/68.3671 Exempt Library Page 11.4129/15.7445 40 hrs/week Library Secretary 17.6121/24.4772 40 hrs/week Maintenance Worker – Golf 17.0125/26.3171 40 hrs/week Meter Reader Supervisor 24.8044/32.1658 Exempt MPO Program Manager 28.5770/42.0450 Exempt Office Manager – Police Department 21.0390/30.5340 40 hrs/week Parks and Recreation Director 44.9156/67.9979 Exempt Parks Superintendent 33.4069/49.3428 Exempt Grand Island Council Session - 9/24/2019 Page 41 / 289 ORDINANCE NO. 9750 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Payroll Specialist 21.8505/31.8161 40 hrs/week Planner I 25.0900/36.0300 40 hrs/week Planning Director 42.4161/63.6235 Exempt Police Captain 38.9895/56.3971 Exempt Police Chief 47.6514/71.6401 Exempt Power Plant Maintenance Supervisor 37.4591/51.1981 Exempt Power Plant Operations Supervisor 39.1313/54.6741 Exempt Power Plant Superintendent – Burdick 45.5090/63.4500 Exempt Power Plant Superintendent – PGS 51.0104/72.9678 Exempt Public Works Director 48.0175/71.8620 Exempt Public Works Engineer 34.6028/50.6015 Exempt Receptionist 17.1392/26.3534 40 hrs/week Recreation Coordinator 24.6495/35.1719 Exempt Recreation Superintendent 33.4353/50.2938 Exempt Regulatory and Environmental Manager 41.1493/57.4829 Exempt Senior Civil Engineer 37.6163/55.7655 Exempt Senior Electrical Engineer 40.4714/57.1761 Exempt Senior Public Safety Dispatcher 21.2775/28.3220 40 hrs/week Senior Utility Secretary 19.6160/26.9908 40 hrs/week Shooting Range Superintendent 29.7586/44.9183 Exempt Solid Waste Division Clerk - Full Time 20.4252/25.7922 40 hrs/week Solid Waste Division Clerk - Part Time 18.3827/23.2130 40 hrs/week Solid Waste Foreman 24.2594/33.8702 40 hrs/week Solid Waste Superintendent 34.5540/51.0973 Exempt Street Superintendent 32.6403/48.2648 Exempt Street Foreman 25.3949/37.3590 40 hrs/week Transit Program Manager 28.5300/41.6300 Exempt Turf Management Specialist 23.7096/33.6482 40 hrs/week Utilities Director 75.7041/102.4728 Exempt Utility Production Engineer 39.4781/57.9095 Exempt Utility Warehouse Supervisor 28.2792/39.3908 40 hrs/week Victim Assistance Unit Coordinator 17.3274/24.9070 40 hrs/week Victim/Witness Advocate 15.8857/22.8289 40 hrs/week Wastewater Plant Chief Operator 25.5094/36.6879 40 hrs/week Wastewater Plant Engineer 35.5893/53.8583 Exempt Grand Island Council Session - 9/24/2019 Page 42 / 289 ORDINANCE NO. 9750 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Wastewater Plant Operations Engineer 34.7543/52.0493 Exempt Wastewater Plant Maintenance Supervisor 26.8071/38.4864 40 hrs/week Wastewater Plant Regulatory Compliance Manager 33.9519/41.0848 Exempt Water Superintendent 33.4413/49.0888 Exempt Water Supervisor 26.7174/41.0040 40 hrs/week Worker / Seasonal 9.0000/20.0000 Exempt Worker / Seasonal 9.0000/20.0000 40 hrs/week Worker / Temporary 9.0000/20.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria: • The referral cannot have worked as a City of Grand Island lifeguard in the past. • The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours. • Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 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 20.8650/30.9087 40 hrs/week Grand Island Council Session - 9/24/2019 Page 43 / 289 ORDINANCE NO. 9750 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fleet Services Mechanic 23.3145/34.5422 40 hrs/week Horticulturist 23.8961/35.4669 40 hrs/week Maintenance Worker – Cemetery 19.7275/29.2485 40 hrs/week Maintenance Worker – Parks 19.4596/28.8679 40 hrs/week Maintenance Worker – Streets 19.4506/28.8342 40 hrs/week Senior Equipment Operator – Streets 22.3929/33.2126 40 hrs/week Senior Maintenance Worker – Streets 22.2384/32.9835 40 hrs/week Traffic Signal Technician 22.0846/32.7555 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 21.9201/31.1427 40 hrs/week Custodian 17.3168/21.4065 40 hrs/week Electric Distribution Crew Chief 38.9666/50.8883 40 hrs/week Electric Underground Crew Chief 38.9666/50.8883 40 hrs/week Engineering Technician I 25.6354/33.5904 40 hrs/week Engineering Technician II 32.4212/42.0591 40 hrs/week Instrument Technician 34.3553/45.2280 40 hrs/week Lineworker Apprentice 26.6079/36.6610 40 hrs/week Lineworker First Class 33.0441/41.8296 40 hrs/week Materials Handler 31.0007/38.0597 40 hrs/week Meter Reader 20.8602/27.9301 40 hrs/week Meter Technician 31.3285/36.6107 40 hrs/week Power Dispatcher I 33.7325/40.5910 40 hrs/week Power Dispatcher II 40.1796/48.0800 40 hrs/week Grand Island Council Session - 9/24/2019 Page 44 / 289 ORDINANCE NO. 9750 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Maintenance Mechanic 31.9732/42.0591 40 hrs/week Power Plant Operator 34.5848/41.9279 40 hrs/week Senior Engineering Technician 33.2735/43.6982 40 hrs/week Senior Materials Handler 33.4702/43.5889 40 hrs/week Senior Meter Reader 22.0869/28.7680 40 hrs/week Senior Power Dispatcher 46.4846/54.8986 40 hrs/week Senior Power Plant Operator 40.6167/48.5947 40 hrs/week Senior Substation Technician 39.6994/44.7362 40 hrs/week Senior Water Maintenance Worker 25.8211/35.9365 40 hrs/week Substation Technician 39.5895/41.3051 40 hrs/week Systems Technician 38.9776/45.0094 40 hrs/week Tree Trim Crew Chief 30.7493/41.4471 40 hrs/week Utility Electrician 31.9513/42.3869 40 hrs/week Utility Groundman 28.000020.0188/28.0000 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.2461/42.5617 40 hrs/week Utility Warehouse Clerk 23.8324/30.1483 40 hrs/week Water Maintenance Worker 24.6738/32.5960 40 hrs/week Wireworker I 23.8324/36.0600 40 hrs/week Wireworker II 33.0441/41.8296 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 21.9840/33.6797 22.6435/35.9531 Police Sergeant 27.5151/41.3182 31.3672/42.6610 Grand Island Council Session - 9/24/2019 Page 45 / 289 ORDINANCE NO. 9750 (Cont.) - 8 - Police Lieutenant 34.6000/48.6219 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 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 Grand Island Council Session - 9/24/2019 Page 46 / 289 ORDINANCE NO. 9750 (Cont.) - 9 - 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 22.1366/28.4820 212 hrs/28 days Firefighter / EMT 16.6877/23.2313 212 hrs/28 days Firefighter / Paramedic 18.0399/25.3581 212 hrs/28 days Life Safety Inspector 25.4583/33.1935 40 hrs/week Battalion Chief 28.4540/32.7824 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) 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 Wastewater Treatment Plant 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 Grand Island Council Session - 9/24/2019 Page 47 / 289 ORDINANCE NO. 9750 (Cont.) - 10 - employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 18.5411/26.9638 40 hrs/week Biosolids Technician 21.4846/32.0754 40 hrs/week Equipment Operator – WWTP 19.8813/27.9091 40 hrs/week Lead Maintenance Mechanic 22.6243/32.3034 40 hrs/week Lead Maintenance Worker 21.3132/29.9900 40 hrs/week Lead Wastewater Plant Operator 23.7147/33.9967 40 hrs/week Maintenance Mechanic I 19.3955/28.2451 40 hrs/week Maintenance Worker – WWTP 19.7011/28.4653 40 hrs/week Stormwater Program Manager 23.3249/33.9725 40 hrs/week Wastewater Plant Laboratory Technician 21.5806/30.1151 40 hrs/week Wastewater Plant Operator I 19.4564/27.3467 40 hrs/week Wastewater Plant Operator II 21.9202/30.9318 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance 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/Finance labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 17.7758/25.0186 40 hrs/week Accounting Technician – Streets 20.6086/27.1846 40 hrs/week Accounts Payable Clerk 19.2750/27.4436 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.0426/28.7466 40 hrs/week Administrative Assistant – Public Works 20.7989/30.0162 40 hr/week Audio Video Technician 22.6223/30.8696 40 hrs/week Building Inspector 23.1441/34.0970 40 hrs/week Cashier 17.7704/24.3535 40 hrs/week Community Service Officer 16.8469/23.5356 40 hrs/week Computer Operator 23.8896/32.3226 40 hrs/week Grand Island Council Session - 9/24/2019 Page 48 / 289 ORDINANCE NO. 9750 (Cont.) - 11 - Computer Technician 24.8770/34.7203 40 hrs/week Crime Analyst 23.6446/31.4740 40 hrs/week Electrical Inspector 23.2534/34.0460 40 hrs/week Emergency Management Coordinator 20.7916/30.0162 40 hrs/week Engineering Technician – Public Works 23.0241/32.4715 40 hrs/week Evidence Technician 18.9149/27.5594 40 hrs/week GIS Coordinator 29.6004/43.6354 40 hrs/week Maintenance Worker I – Building, Library, Police 16.8177/23.4604 40 hrs/week Maintenance Worker II – Building, Library, Police 19.0859/25.7470 40 hrs/week Payroll Clerk 19.6062/27.0001 40 hrs/week Plans Examiner 23.4249/34.5678 40 hrs/week Plumbing/Mechanical Inspector 23.2607/33.8202 40 hrs/week Police Records Clerk 17.2105/24.4452 40 hrs/week Public Safety Dispatcher 19.9030/27.0934 40 hrs/week Senior Accounting Clerk 19.8226/27.4663 40 hrs/week Shooting Range Operator 25.2024/33.9923 40 hrs/week Wastewater Secretary 19.4007/27.3830 40 hrs/week The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of twenty-five cents ($0.25) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Public Safety Dispatcher who work any hours or 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 thirty-five cents ($0.35) 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 twenty-five cents ($0.25) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in Grand Island Council Session - 9/24/2019 Page 49 / 289 ORDINANCE NO. 9750 (Cont.) - 12 - the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. and 11:00 p.m. A shift differential of thirty-five cents ($0.35) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. 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 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. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional thirtyforty-five cents ($0.3545) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of twenty-five cents ($0.25) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional twenty-five cents ($0.25) per hour; employees who are regularly schedule to work graveyard shift will receive an additional thirty-five cents ($0.35) per hour for wages attributable to those shifts. Employees working twelve (12) or ten (10) hour shifts will receive an additional twenty-five cents ($0.25) per hour for wages attributable to the evening shift. Grand Island Council Session - 9/24/2019 Page 50 / 289 ORDINANCE NO. 9750 (Cont.) - 13 - 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. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) 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 at the rate of Three Hundred Twenty-five dollars ($325.00) semi-annually. If any such employee covered by the FOP labor agreement 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 One Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). 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 Seven Hundred dollars ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual Grand Island Council Session - 9/24/2019 Page 51 / 289 ORDINANCE NO. 9750 (Cont.) - 14 - stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non-union Community Service Officer Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of Six hundred Fifty dollars ($650.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) 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 and the IBEW-Wastewater Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) 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 Grand Island Council Session - 9/24/2019 Page 52 / 289 ORDINANCE NO. 9750 (Cont.) - 15 - 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 Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities and IBEW Wastewater Treatment Plant labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($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 Thirty dollars ($30.00) biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty- three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths (586.18) hours [calculated at 53% x 1,106 hours], the Grand Island Council Session - 9/24/2019 Page 53 / 289 ORDINANCE NO. 9750 (Cont.) - 16 - 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 six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 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 (542) 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 covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the IBEW Wastewater labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at 36% x 1,339 hours]. Non-union employees shall have a Grand Island Council Session - 9/24/2019 Page 54 / 289 ORDINANCE NO. 9750 (Cont.) - 17 - contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred eighty-six and eighteen-hundredths (586.18) hours [calculated at 53% x 1,106 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (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 (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid twenty percent (20%) for their accumulated medical leave at separation of employment after twenty (20) years of service; forty percent (40%) for their accumulated medical leave at separation of employment after twenty-five (25) years of service; fifty percent (50%) of accumulated medical leave for a death not occurring in the line of duty and one hundred percent (100%) of accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. 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 (480) [calculated at 37.5% x 1,280 hours], based on the employee’s salary at the time of Grand Island Council Session - 9/24/2019 Page 55 / 289 ORDINANCE NO. 9750 (Cont.) - 18 - retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid one hundred percent (100%) of their accumulated medical leave bank at the time of their death, not to exceed one- thousand two-hundred eighty (1,280) hours, 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 (1/2) of their accumulated medical leave, not to exceed thirty (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 (1/2) 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 Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, and the IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($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 Ten Dollars ($10.00) per pay period. Grand Island Council Session - 9/24/2019 Page 56 / 289 ORDINANCE NO. 9750 (Cont.) - 19 - SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement: Five (5) years (beginning 6th year $ 350.00 Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50870.00 Twenty (20) years (beginning 21st year) $1,032.501,096.00 Twenty-five (25) years (beginning 26th year) $1,247.501,270.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant and IBEW Service/Clerical/Finance labor agreements shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 Grand Island Council Session - 9/24/2019 Page 57 / 289 ORDINANCE NO. 9750 (Cont.) - 20 - Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. 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 October 13, 2019. SECTION 14. Those portions of Ordinance No. 9713 9744 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: September 24, 2019 Roger G. Steele, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 58 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-1 Approving Minutes of September 10, 2019 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 59 / 289 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 10, 2019 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 September 10, 2019. Notice of the meeting was given in The Grand Island Independent on September 4, 2019. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke, Mitch Nickerson, and Chuck Haase. Councilmember Clay Schutz was absent. The following City Officials were present: City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof, and Assistant Public Works Director Keith Kurz. INVOCATION was given by Father Don Buhrman, St. Leo’s Catholic Church, 2410 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. BOARD OF EQUALIZATION: Motion by Minton, second by Paulick to adjourn to the Board of Equalization. Motion adopted. #2019-BE-6 (B)- Consideration of Determining Benefits for Railside Business Improvement District Finance Director Patrick Brown reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Railside BID. Special assessments were for the amount of $119,256.08 (70%) or $119,986.62 (100%). Presented were two Resolutions with the 70% and 100% assessment for owner occupied residents. Staff recommended approval of the 70% assessments. Motion by Stelk, second by Paulick to approve Resolution #2019-BE-6 (B). Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Jones to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Setting the Property Tax Request for FY 2019-2020. Finance Director Patrick Brown reported that LB 103 was signed into law in 2019. If the City of Grand Island seeks to set its property tax request at an amount that exceeds its property tax request from the prior year, it may do so after holding a public hearing and by passing a resolution or ordinance. The 2019 valuations for the City of Grand Island increased over the 2018 valuation by $106,550,320 or 3.41%. If the City applied the FY2018-2019 mill levy of 0.3979 to the current valuation of $3,231,585,947, the City’s Property Tax revenue would be $12,858,610, a tax increase of $423,968 over the prior year. Staff made no recommendation. No public testimony was heard. Grand Island Council Session - 9/24/2019 Page 60 / 289 Page 2, City Council Regular Meeting, September 10, 2019 Public Hearing on Downtown Improvement Parking District #2 (Ramp) Budget Appropriation for FY 2019-2020. Finance Director Patrick Brown reported that the Downtown Improvement District #2 (Ramp) was not requesting an increase in Property Tax thereby reducing the mill levy from 0.0174 to 0.0171. The Downtown Improvement District #2 (Ramp) Property Tax revenue request was $8,080. Staff recommended approval. No public testimony was heard. Public Hearing on FY 2019-2020 Annual Single City Budget and the Annual Appropriations Bill. Finance Director Patrick Brown reported that State Statute Sections 13-501 to 13-513 required the governing body meet for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed budget. The City Council must pass an ordinance by majority vote to adopt “The Annual Appropriations Bill.” Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9747 - Consideration of Approving FY2019-2020 Annual Single City Budget and the Annual Appropriations Bill #9748 (B) - Consideration of Approving Assessments for Railside Business Improvement District #9749 - Consideration of Vacation of a Portion of Waugh Street, Garfield Avenue, and Grant Avenue within Scarff’s Addition to West Lawn Subdivision 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. #9747 - Consideration of Approving FY2019-2020 Annual Single City Budget and the Annual Appropriations Bill This item was related to the aforementioned Public Hearing. Motion by Paulick, second by Jones to approve Ordinance #9747. Comments were made regarding this year’s process of the budget, declining cash balance and not compliant with fiscal policies. Spending was increasing and revenues were decreasing. Discussion was held regarding the 7.75 FTE’s and the impact of funding or not funding those positions. Mayor Steele stated he had created a committee to work on the budget and instituted a hiring freeze. He encouraged the Council to reduce the appropriations for the 7.75 FTE’s that were approved on August 6, 2019. Discussion was held regarding voting on Resolution #2018- 284 before a vote on Ordinance No. 9747. Councilmembers Paulick and Jones withdrew their motion and second. Grand Island Council Session - 9/24/2019 Page 61 / 289 Page 3, City Council Regular Meeting, September 10, 2019 RESOLUTION: #2019-284 (B) - Consideration of Setting the General Property Tax Request for FY 2019-2020. This item was related to the aforementioned Public Hearing. Motion by Nickerson, second by Haase to approve Resolution #2019-284 (B). Discussion was held regarding valuations, property tax increase, tax rate, and LB 103. After much confusion regarding the motion Councilmembers Nickerson and Haase withdrew their motion and second. #2019-284 (A) - Consideration of Setting the General Property Tax Request for FY 2019-2020. Motion by Paulick, second by Jones to approve. Upon roll call vote, Councilmembers Nickerson, Hehnke, Minton, Conley, Stelk, Jones, and Paulick voted aye. Councilmember Haase voted no. Motion adopted. Mayor Steele vetoed the General Property Tax increase in the amount of $423,968 as stated in Resolution #2019-284 (A). Mayor Steele stated his reason for the veto was that we do not have an income problem we have a spending problem due to the 7.75 FTE’s the Council approved on August 6, 2019. Motion by Paulick, second by Nickerson to override the Mayor’s veto of Resolution #2019-284 (A). Upon roll call vote, Councilmembers Nickerson, Hehnke, Minton, Conley, Jones, and Paulick voted aye. Councilmembers Haase and Stelk voted no. Motion failed. #2019-284 (B) - Consideration of Setting the General Property Tax Request for FY 2019-2020. Discussion was held regarding what would happen if the Council did not approve this Resolution. Interim City Attorney Stacy Nonhof explained LB 103 and that if there was no decision on this item the City would not be able to receive any money. The deadline to be submitted was October 13th. Mr. Brown stated the budget had to be in to the state by September 20th. Motion by Haase, second by Minton to approve Resolution #2019-284 (B). Upon roll call vote, Councilmembers Haase, Nickerson, Hehnke, Minton, Conley, Stelk, and Jones voted aye. Councilmember Paulick voted no. Motion adopted. Ordinances: #9747 - Consideration of Approving FY2019-2020 Annual Single City Budget and the Annual Appropriations Bill This item was related to the aforementioned Public Hearing. Grand Island Council Session - 9/24/2019 Page 62 / 289 Page 4, City Council Regular Meeting, September 10, 2019 Motion by Minton, second by Stelk to approve Ordinance No. 9747. Motion by Minton, second by Haase to amend the motion to include the reduction of the property tax request of $423,968. Upon roll call vote, Councilmembers Haase, Nickerson, Minton, Conley, and Stelk voted aye. Councilmembers Hehnke, Jones, and Paulick voted no. Mayor Steele made the sixth and deciding vote. Motion adopted. Motion by Nickerson, second by Stelk to amend the motion to reduce the FTE’s by 7.75 as approved on August 6, 2019. Upon roll call vote, Councilmembers Haase, Nickerson, Hehnke, Minton, and Stelk voted aye. Councilmembers Conley, Jones, and Paulick voted no. Mayor Steele made the sixth and deciding vote. Motion adopted. City Clerk: Ordinance #9747 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Haase, Nickerson, Hehnke, Minton, Conley, Stelk, and Jones voted aye. Councilmember Paulick voted no. Motion adopted. City Clerk: Ordinance #9747 on second and final reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Haase, Nickerson, Hehnke, Minton, Conley, Stelk, and Jones voted aye. Councilmember Paulick voted no. Motion adopted. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9747 is declared to be lawfully adopted upon publication as required by law. #9748 (B) - Consideration of Approving Assessments for Railside Business Improvement District This item was related to the aforementioned Board of Equalization. Motion by Nickerson, second by Stelk to approve Ordinance No. 9748 (B). City Clerk: Ordinance #9748 (B) 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 #9747 (B) on second and final 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. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9747 (B) is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 9/24/2019 Page 63 / 289 Page 5, City Council Regular Meeting, September 10, 2019 #9749 - Consideration of Vacation of a Portion of Waugh Street, Garfield Avenue, and Grant Avenue within Scarff’s Addition to West Lawn Subdivision Public Works Director John Collins reported that to allow for the continued development of Grand Island Senior High Stadium the City has received a request to vacate a portion of Waugh Street, Garfield Avenue, and Grant Avenue, which were located within Scarff’s Addition to West Lawn Subdivision. Staff recommended approval. Motion by Haase, second by Hehnke to approve Ordinance #9749. City Clerk: Ordinance #9749 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 #9749 on second and final 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. Mayor Steele: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9749 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Paulick, second by Conley to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 27, 2019 City Council Regular Meeting. Approving Appointment of Michelle Fitzke to the Animal Advisory Board. #2019-268 - Approving Certificate of Final Completion for Water Main Project 2018-W-8 - Riverside Drive and Holcomb Street with The Diamond Engineering Company of Grand Island, Nebraska. #2019-269 - Approving the Coal Supply for Platte Generating Station for 2020 - 2022 with Cloud Peak Energy. #2019-270 - Approving the Renewal of Utilities Property Peril, Fire and Terrorism Insurance with Factory Mutual Insurance Company of St. Louis, Missouri for 2019-2020 in an Amount of $447,617.00 and Terrorism Insurance Coverage in an Amount of $24,474.00. #2019-271 - Approving Certificate of Final Completion for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 with The Diamond Engineering Company of Grand Island, Nebraska. #2019-272 - Approving Certificate of Final Completion for Curb Ramp Project No. 2019-CR-1 with The Diamond Engineering Company of Grand Island, Nebraska. Grand Island Council Session - 9/24/2019 Page 64 / 289 Page 6, City Council Regular Meeting, September 10, 2019 #2019-273 - Approving Certificate of Final Completion for Chip Seal Project No. 2019-CS-1 with Topkote, Inc. of Yankton, South Dakota. #2019-274 - Approving Change Order No. 2 for Sugar Beet Ditch Drainage; Project No. 2019- D-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska for an Increase of $19,013.11 and a Revised Contract Amount of $116,331.84. #2019-275 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2019- 2020 with Harders Dozer & Scraper, LLC of Cairo, Nebraska. #2019-276 - Approving Certificate of Final Completion for Curb Ramp Project No. 2019-CR-2 CDBG with Galvan Construction, Inc. of Grand Island, Nebraska. #2019-277 - Approving Certificate of Final Completion for 13th Street Paving Improvements; Project No. 2018-P-1 and 13th Street Water Main Improvements; Project No. 2018-W-5 with Blessing Construction of Kearney, Nebraska. #2019-278 - Approving Alterations of New Bucket Truck/Sign Truck for the Streets Division of the Public Works Department with Altec Industries, Inc. in an Amount of $7,423.00. #2019-279 - Approving 2019 GIPD and HCSO Justice Assistance Grant (JAG) Application and Funding. Councilmember Jones abstained. #2019-280 - Approving Fiscal Year 2019-2020 VOCA Grant Award. #2019-281 - Approving CDBG Project 2018-6 Sub-Recipient Agreement with Hope Harbor. #2019-282 - Approving Bid Award of (7) 500 E ATA Trap Machines with Wobble Options for the Heartland Public Shooting Park with MCS Trap of Smithville, Missouri in an Amount of $44,015.00. #2019-283 – Approving Bid Award for Tree Grinding and Hauling with O’Neill Wood Resources, LLC of Alda, Nebraska in an Amount of $108,100.00. RESOLUTION: #2019-285 - Consideration of Setting the Downtown Improvement Parking District #2 (Ramp) for FY 2019-2020. This item relates to the aforementioned Public Hearing. Motion by Minton, second by Hehnke to approve Resolution #2019-285. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/24/2019 Page 65 / 289 Page 7, City Council Regular Meeting, September 10, 2019 PAYMENT OF CLAIMS: Motion by Minton, second by Jones to approve the payment of claims for the period of August 28, 2019 through September 10, 2019 for a total amount of $4,787,785.67. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/24/2019 Page 66 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-2 Approving Re-Appointment of Glenn Wilson to the Community Redevelopment Authority Mayor Steele has submitted the re-appointment of Glenn Wilson to the Community Redevelopment Authority. The appointment would become effective October 1, 2019 upon approval by the City Council and would expire on September 30, 2024. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/24/2019 Page 67 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-3 Approving Re-Appointment of Hector Rubio to the Regional Planning Commission Mayor Steele has submitted the re-appointment of Hector Rubio to the Regional Planning Commission. The appointment would become effective November 1, 2019 upon approval by the City Council and would expire on October 31, 2022. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/24/2019 Page 68 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-4 Approving Re-Appointments of David Koubeck and Mike Kneale and the Appointment of Matthew Armstrong to the Citizens Advisory Review Committee Mayor Steele has submitted the re-appointments of David Koubeck and Mike Kneale and the new appointment of Matthew Armstrong who will be replacing Jeff Vinson to the Citizens Advisory Review Committee. The appointments would become effective October 1, 2019 upon approval by the City Council and would expire on September 30, 2021. Staff Contact: Mayor Roger Steele Grand Island Council Session - 9/24/2019 Page 69 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-5 Approving Garbage Permits for Heartland Disposal and Mid- Nebraska Disposal, Inc. and Refuse Permits for Full Circle Rolloffs and O’Neill Transportation and Equipment LLC Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 70 / 289 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2019 Subject:Approving Garbage and Refuse Haulers Permits Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2019/2020: Heartland Disposal, Inc., 1839 East 4th Street Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle Rolloffs, 1839 East 4th Street Refuse O’Neill Transportation and Equipment, 7100 West Old Potash Hwy Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the renewal for garbage/refuse permits. 2.Disapprove or deny the renewals. 3.Modify the renewals to meet the wishes of the Council. 4.Table the issue Grand Island Council Session - 9/24/2019 Page 71 / 289 Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2019/2020. Sample Motion Move to approve the renewal for garbage/refuse permits for 2019/2020. Grand Island Council Session - 9/24/2019 Page 72 / 289 Grand Island Council Session - 9/24/2019 Page 73 / 289 Grand Island Council Session - 9/24/2019 Page 74 / 289 Grand Island Council Session - 9/24/2019 Page 75 / 289 Grand Island Council Session - 9/24/2019 Page 76 / 289 Grand Island Council Session - 9/24/2019 Page 77 / 289 Grand Island Council Session - 9/24/2019 Page 78 / 289 Grand Island Council Session - 9/24/2019 Page 79 / 289 Grand Island Council Session - 9/24/2019 Page 80 / 289 Grand Island Council Session - 9/24/2019 Page 81 / 289 Grand Island Council Session - 9/24/2019 Page 82 / 289 Grand Island Council Session - 9/24/2019 Page 83 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-6 Approving Request from Christopher Kotulak, 5066 Fort Kearney Road for a Liquor Manager Designation for Heartland Events Center, 690 E. Stolley Park Road Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 84 / 289 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2019 Subject:Request from Christopher Kotulak, 5066 Fort Kearney Road for Liquor Manager Designation with Heartland Events Center, 690 E. Stolley Park Road Presenter(s):RaNae Edwards, City Clerk Background Christopher Kotulak, 5066 Fort Kearney Road has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Heartland Events Center, 690 E. Stolley Park Road. This application has been reviewed by the Police Department and City Clerk’s Office. See Police Department report attached. 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. Mr. Kotulak has completed a state approved alcohol server/seller training program. Staff recommends approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Forward the requests with no recommendation. 3.Take no action on the request. Grand Island Council Session - 9/24/2019 Page 85 / 289 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Christopher Kotulak, 5066 Fort Kearney Road for Liquor Manager Designation in conjunction with the Class “CK-078820” Liquor License for Heartland Events Center, 690 E. Stolley Park Road. Grand Island Council Session - 9/24/2019 Page 86 / 289 Grand Island Council Session - 9/24/2019 Page 87 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-7 #2019-286 - Approving on Request from Amy Jeanene Schutte dba Bella Design & Décor, 110 East 3rd Street for a Class “C” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 88 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-286 WHEREAS, an application was filed by Amy Jeanene Schutte doing business as Bella Design & Decor, 110 east 3rd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 14, 2019; such publication cost being $18.00; and WHEREAS, a public hearing was held on September 24, 2019 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 89 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-8 #2019-287 - Approving Request from Mayra Foods, LLC dba Sanchez Restaurant – Jaz’s Tacos, 218 So. Wheeler Avenue for a Class “I” Liquor License and Liquor Manager Designation for Mayra Betancourt, 241 So. Vine Street This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2019 Page 90 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-287 WHEREAS, an application was filed by Mayra Foods, LLC doing business as Sanchez Restaurant – Jaz’s Tacos, 218 So. Wheeler Avenue for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 14, 2019; such publication cost being $18.49; and WHEREAS, a public hearing was held on September 24, 2019 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends Mayra Betancourt, 241 So. Vine Street as Liquor Manager. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 91 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-9 #2019-288 - Approving Final Plat and Subdivision Agreement for Bosselville Fifth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/24/2019 Page 92 / 289 Council Agenda Memo From:Regional Planning Commission Meeting:September 24, 2019 Subject:Bosselville Fifth Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of Wood River Road and west of U.S. Highway 281 in Hall County, Nebraska. (5 lots, 36.544 acres). This property is zoned TD Travel Development Zone and B2 General Business Zone. A tract of land consisting of all of Outlot 1, Block 2, Bosselville Subdivision, and a part of the East Half of the Southeast Quarter (E ½, SE ¼ ) and part of the Northeast Quarter of the Southwest of the Southeast Quarter (NE ¼, SW ¼, SE ¼) all of Section Thirteen (13), Township Ten (10) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska. Discussion The final plat for Bosselville Fifth Subdivision was considered by the Regional Planning Commission at the September 4, 2019 meeting. A motion was made by Robb and second by Hendricksen to approve the final plat as presented. A roll call vote was taken and the motion passed with 12 members present and voting in favor (O’Neill, Allan, Nelson, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen, Randone and Kjar) and no members present voting no. 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 - 9/24/2019 Page 93 / 289 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/24/2019 Page 94 / 289 Grand Island Council Session - 9/24/2019 Page 95 / 289 Developer/Owner Bosselman Travel Centers Inc. PO Box 4905 Grand Island, NE 68802 To create 3 larger lot north of Wood River Road and west of U.S. Highway 281 in the Grand Island, Nebraska jurisdiction. Size: 3 Lots and 2 Outlots 36.544 acres Zoning: TD – Travel Development Zone and B2 General Business Zone. Road Access: Existing County Road (Shady Bend) Water Public: Public water supply is available from Bosselman’s private system. Sewer Public: City sewer available. Grand Island Council Session - 9/24/2019 Page 96 / 289 S88°56'21"W 400.50'(M,P) S01°04'22"E 5.00'(M,P) S88°55'36"W 412.65'(M) 412.64'(P) C1 S50° 3 2' 2 8" W 2 8 4. 7 0'( M)N3 9 ° 2 7 ' 5 7 "W 1 1 5 . 0 0 ' (M ,P ) N50° 3 2' 0 3" E 147. 60'( M, P) S89°11'39"W 144.07'(M,P) S50°3 2'0 3" W 189.38'( M, P) S 3 9 ° 2 7 ' 5 7 " E 2 0 5 . 0 0 ' (M ) S50°32'03"W N00°26'44"E 176.23'(M)N25°15'47"W 393 .81 ' (M ) C3 N00°26'11"E 90.39'(M) C4 N88°54'57"E 143.67'(M,R)S00°19'15"E 1411.96'(M)N01°05'01"W 598.78'(M)N88°55'06"E 315.13'(M) C10 C8 65.87'(M) N88°55'06"E 315.13'(M) S01°05'01"E 36.42'(M)C6 C5 155.95'(M)244.55'(M) 30.44'(M) 257.30'(M) C7 C9 C11 C12 LOT 2 OUTLOT B LOT 3 LOT 1 OUTLOT A S01°05'01"E 959.41'(M)S00°26'08"W 567.08'(M) 567.00'(R)110.36'(M)N89°21'41"E 287.73'(M)957.60'(M)454.37'(M)410.61'(M)CURVE TABLE MATCHLINEP.O.B. FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/24/2019 Page 97 / 289 S50°3 2'28" W 284.7 0'( M)N3 9 ° 2 7 ' 5 7 "W 1 1 5 . 0 0 ' (M ,P ) N50°32' 03" E 147.60'( M, P) S89°11'39"W 144.07'(M,P) S50° 32' 03" W 189.3 8'( M, P) S 3 9 ° 2 7 ' 5 7 " E 2 0 5 . 0 0 ' (M ) S50°32'03"W 40.00'(M)N3 9 ° 2 7 ' 5 7 "W 2 0 5 . 0 0 ' (M ) S50°3 2'03" W 2 73.27'( M, P) S38°10'45"E 34.41'(M,P) S51°49'15"W 39.00'(M,P) N38°10'45"W 35.24'(M,P) C2 S88°55'20"W 528.64'(M,P)N00°40'08"E 419.05'(M,P)N88°51'17"E 1358.26'(M,P) OUTLOT A 110.36'(M)A TRACT OF LAND CONSISTING OF ALL OF OUTLOT 1, BLOCK 2, BOSSELVILLE SUBDIVISION, PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (NE1/4, SW1/4, SE1/4) ALL OF SECTION THIRTEEN (13), 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 OUTLOT 1, BLOCK 2, BOSSELVILLE SUBDIVISION, SAID POINT ALSO BEING THE INTERSECTION OF THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF U.S. HIGHWAY 281 AND THE NORTH R.O.W. LINE OF WOOD RIVER ROAD, AND ALSO BEING THE POINT OF BEGINNING; THENCE S88°56'21"W, ALONG THE SOUTH LINE OF SAID OUTLOT 1, BLOCK 2 AND SAID NORTH R.O.W. LINE, A DISTANCE OF 400.50 FEET; THENCE S01°04'22"E, ALONG SAID LINE, A DISTANCE OF 5.00 FEET; THENCE S88°55'36"W, ALONG SAID LINE, A DISTANCE OF 412.65 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, ALONG SAID LINE AND HAVING A DELTA ANGLE OF 38°21'29", HAVING A RADIUS OF 613.02 FEET, AND CHORD BEARING S69°43'50"W A CHORD DISTANCE OF 402.78 FEET; THENCE S50°32'28"W, ALONG SAID LINE, A DISTANCE OF 284.70 FEET TO THE SOUTHEASTERLY CORNER OF LOT 1, SAID BLOCK 2, BOSSELVILLE SUBDIVISION; THENCE N39°27'57"W, ALONG A LINE OF SAID LOT 1, A DISTANCE OF 115.00 FEET; THENCE N50°32'03"E, ALONG A LINE OF SAID LOT 1, A DISTANCE OF 147.60 FEET TO AN EASTERLY CORNER OF SAID LOT 1; THENCE S89°11'39"W, ALONG A NORTH LINE OF SAID LOT 1, A DISTANCE OF 144.07 FEET; THENCE S50°32'03"W, ALONG A NORTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 189.38 TO A NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S39°27'57"E, ALONG A SOUTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 205.00 FEET TO A SOUTHERLY CORNER OF SAID LOT 1 AND ALSO BEING ON SAID R.O.W. LINE OF WOOD RIVER ROAD; THENCE S50°32'03"W, ALONG SAID R.O.W. LINE, A DISTANCE OF 40.00 FEET TO A SOUTHEASTERLY CORNER OF LOT 2, SAID BLOCK 2, BOSSELVILLE SUBDIVISION; THENCE N39°27'57"W, ALONG A NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 205.00 FEET TO A NORTHERLY CORNER OF SAID LOT 2; THENCE S50°32'03"W, ALONG A NORTHWESTERLY LINE OF SAID LOT 2 AND LOT 3, SAID BLOCK 2, A DISTANCE OF 273.27 FEET; THENCE S38°10'45"E, ALONG A LINE OF SAID LOT 3, A DISTANCE OF 34.41 FEET; THENCE S51°49'15"W, ALONG A LINE OF SAID LOT 3, A DISTANCE OF 39.00 FEET; THENCE N38°10'45"W, ALONG A LINE OF SAID LOT 3, A DISTANCE OF 35.24 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, ALONG SAID SOUTH LINE OF OUTLOT 1, HAVING A DELTA ANGLE OF 32°17'06", HAVING A RADIUS OF 300.00 FEET, AND A CHORD BEARING S72°46'47"W A CHORD DISTANCE OF 166.82 FEET. THENCE S88°55'20"W, ALONG SAID SOUTH LINE, A DISTANCE OF 528.64 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT1 AND ALSO BEING THE NORTHWEST CORNER OF LOT 6, SAID BLOCK 2, BOSSELVILLE SUBDIVISION; THENCE N00°40'08"E, ALONG A WEST LINE OF SAID OUTLOT 1, A DISTANCE OF 419.05 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT 1; THENCE N88°51'17"E, ALONG A NORTH LINE OF SAID OUTLOT 1, A DISTANCE OF 1358.27 FEET; THENCE N00°26'35"E, ALONG A WEST LINE OF SAID OUTLOT 1, A DISTANCE OF 176.23 FEET TO A POINT ON THE WEST LINE OF A TRACT SURVEYED BY T.J. AITKEN, LS#458, DATED 7/15/2004; THENCE N25°15'47"W A DISTANCE OF 393.81 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 01°37'07", HAVING A RADIUS OF 6358.83 FEET, AND CHORD BEARING N72°21'06"E A CHORD DISTANCE OF 179.64 FEET TO A POINT ON SAID WEST LINE OF A TRACT SURVEYED BY T.J. AITKEN; THENCE N00°26'08"E, ALONG SAID WEST LINE, A DISTANCE OF 90.38 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, ALONG SAID TRACT SURVEYED BY T.J. AITKEN, HAVING A DELTA ANGLE OF 67°08'10", HAVING A RADIUS OF 1256.97 FEET, AND CHORD BEARING N52°23'51"E A CHORD DISTANCE OF 1390.02 FEET ; THENCE N88°54'57"E, ALONG THE NORTH LINE OF SAID TRACT SURVEYED BY T.J. AITKEN, A DISTANCE OF 143.66 FEET TO A POINT ON SAID WEST R.O.W. LINE OF U.S. HIGHWAY 281; THENCE S00°19'17"E, ALONG SAID R.O.W. LINE, A DISTANCE OF 1411.96 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,591,873.73 SQUARE FEET OR 36.544 ACRES MORE OR LESS. I HEREBY CERTIFY THAT ON ______________________, 2019, I COMPLETED AN ACCURATE SURVEY, UNDER MY PERSONAL SUPERVISION, OF ALL OF OUTLOT 1, BLOCK 2, BOSSELVILLE SUBDIVISION, PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (NE1/4, SW1/4, SE1/4) ALL OF SECTION THIRTEEN (13), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THE DIMENSIONS ARE AS SHOWN ON THE PLAT; AND THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS. _______________________________________________________ JAI JASON ANDRIST, REGISTERED LAND SURVEYOR NUMBER, LS-630 KNOW ALL MEN BY THESE PRESENTS, THAT BOSSELMAN TRAVEL CENTERS, INC., BEING THE OWNER OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS " BEING ALL OF OUTLOT 1, BLOCK 2, BOSSELVILLE SUBDIVISION, PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (NE1/4, SW1/4, SE1/4) ALL OF SECTION THIRTEEN (13), TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS; AND THAT THE FOREGOING ADDITION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2019. BOSSELMAN TRAVEL CENTERS, INC. BY:_______________________________ CHARLES D. BOSSELMAN, Jr., PRESIDENT ON THIS ____ DAY OF ___________, 2019, BEFORE ME ________________________, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED CHARLES D. BOSSELMAN, Jr., PRESIDENT, BOSSELMAN TRAVEL CENTERS, INC., TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _______________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS ____ DAY OF ______ , 2019. _______________________________ MAYOR _______________________________ CITY CLERK APPROVED AND ACCEPTED BY THE HALL COUNTY BOARD OF SUPERVISORS THIS _____ DAY OF ____________ , 2019. __________________________ CHAIRPERSON __________________________ COUNTY CLERK MATCHLINEFAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 9/24/2019 Page 98 / 289 SUBDIVISION AGREEMENT BOSSELVILLE FIFTH SUBDIVISION (Lots 1 through 3; Outlots A and B) In the City of Grand Island, Hall County Nebraska The undersigned, BOSSELMAN TRAVEL CENTERS, INC., hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A TRACT OF LAND CONSISTING OF ALL OF OUTLOT 1, BLOCK 2, BOSSELVILLE SUBDIVISION, PART OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2, SE1/4) AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (NE1/4, SW1/4, SE1/4) ALL OF SECTION THIRTEEN (13), 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 OUTLOT 1, BLOCK 2, BOSSELVILLE SUBDIVISION, SAID POINT ALSO BEING THE INTERSECTION OF THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF U.S. HIGHWAY 281 AND THE NORTH R.O.W. LINE OF WOOD RIVER ROAD, AND ALSO BEING THE POINT OF BEGINNING; THENCE S88°56'21"W, ALONG THE SOUTH LINE OF SAID OUTLOT 1, BLOCK 2 AND SAID NORTH R.O.W. LINE, A DISTANCE OF 400.50 FEET; THENCE S01°04'22"E, ALONG SAID LINE, A DISTANCE OF 5.00 FEET; * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/24/2019 Page 99 / 289 - 2 - THENCE S88°55'36"W, ALONG SAID LINE, A DISTANCE OF 412.65 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, ALONG SAID LINE AND HAVING A DELTA ANGLE OF 38°21'29", HAVING A RADIUS OF 613.02 FEET, AND CHORD BEARING S69°43'50"W A CHORD DISTANCE OF 402.78 FEET; THENCE S50°32'28"W, ALONG SAID LINE, A DISTANCE OF 284.70 FEET TO THE SOUTHEASTERLY CORNER OF LOT 1, SAID BLOCK 2, BOSSELVILLE SUBDIVISION; THENCE N39°27'57"W, ALONG A LINE OF SAID LOT 1, A DISTANCE OF 115.00 FEET; THENCE N50°32'03"E, ALONG A LINE OF SAID LOT 1, A DISTANCE OF 147.60 FEET TO AN EASTERLY CORNER OF SAID LOT 1; THENCE S89°11'39"W, ALONG A NORTH LINE OF SAID LOT 1, A DISTANCE OF 144.07 FEET; THENCE S50°32'03"W, ALONG A NORTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 189.38 TO A NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S39°27'57"E, ALONG A SOUTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 205.00 FEET TO A SOUTHERLY CORNER OF SAID LOT 1 AND ALSO BEING ON SAID R.O.W. LINE OF WOOD RIVER ROAD; THENCE S50°32'03"W, ALONG SAID R.O.W. LINE, A DISTANCE OF 40.00 FEET TO A SOUTHEASTERLY CORNER OF LOT 2, SAID BLOCK 2, BOSSELVILLE SUBDIVISION; THENCE N39°27'57"W, ALONG A NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 205.00 FEET TO A NORTHERLY CORNER OF SAID LOT 2; THENCE S50°32'03"W, ALONG A NORTHWESTERLY LINE OF SAID LOT 2 AND LOT 3, SAID BLOCK 2, A DISTANCE OF 273.27 FEET; THENCE S38°10'45"E, ALONG A LINE OF SAID LOT 3, A DISTANCE OF 34.41 FEET; THENCE S51°49'15"W, ALONG A LINE OF SAID LOT 3, A DISTANCE OF 39.00 FEET; THENCE N38°10'45"W, ALONG A LINE OF SAID LOT 3, A DISTANCE OF 35.24 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION, ALONG SAID SOUTH LINE OF OUTLOT 1, HAVING A DELTA ANGLE OF 32°17'06", HAVING A RADIUS OF 300.00 FEET, AND A CHORD BEARING S72°46'47"W A CHORD DISTANCE OF 166.82 FEET. THENCE S88°55'20"W, ALONG SAID SOUTH LINE, A DISTANCE OF 528.64 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT1 AND ALSO BEING THE NORTHWEST CORNER OF LOT 6, SAID BLOCK 2, BOSSELVILLE SUBDIVISION; THENCE N00°40'08"E, ALONG A WEST LINE OF SAID OUTLOT 1, A DISTANCE OF 419.05 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT 1; THENCE N88°51'17"E, ALONG A NORTH LINE OF SAID OUTLOT 1, A DISTANCE OF 1358.27 FEET; THENCE N00°26'35"E, ALONG A WEST LINE OF SAID OUTLOT 1, A DISTANCE OF 176.23 FEET TO A POINT ON THE WEST LINE OF A TRACT SURVEYED BY T.J. AITKEN, LS#458, DATED 7/15/2004; THENCE N25°15'47"W A DISTANCE OF 393.81 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 01°37'07", HAVING A RADIUS OF 6358.83 FEET, AND CHORD BEARING N72°21'06"E A CHORD DISTANCE OF 179.64 FEET TO A POINT ON SAID WEST LINE OF A TRACT SURVEYED BY T.J. AITKEN; THENCE N00°26'08"E, ALONG SAID WEST LINE, A DISTANCE OF 90.38 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A Grand Island Council Session - 9/24/2019 Page 100 / 289 - 3 - COUNTER CLOCKWISE DIRECTION, ALONG SAID TRACT SURVEYED BY T.J. AITKEN, HAVING A DELTA ANGLE OF 67°08'10", HAVING A RADIUS OF 1256.97 FEET, AND CHORD BEARING N52°23'51"E A CHORD DISTANCE OF 1390.02 FEET ; THENCE N88°54'57"E, ALONG THE NORTH LINE OF SAID TRACT SURVEYED BY T.J. AITKEN, A DISTANCE OF 143.66 FEET TO A POINT ON SAID WEST R.O.W. LINE OF U.S. HIGHWAY 281; THENCE S00°19'17"E, ALONG SAID R.O.W. LINE, A DISTANCE OF 1411.96 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,591,873.73 SQUARE FEET OR 36.544 ACRES MORE OR LESS; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as BOSSELVILLE FIFTH SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said BOSSELVILLE FIFTH SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Wood River Road where it abuts the subdivision. 2.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance Grand Island Council Session - 9/24/2019 Page 101 / 289 - 4 - with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. The subdivider agrees to pay any assessments or connections fees due to the City upon connection to the City sanitary sewer. A sewer assessment tap fee of $166,749.95 is due on parcel number 400418924, 25 acres in the E ½ of the SE ¼ of section 13- Township 10 N, Range 10 west of the 6th PM in Hall County, Nebraska 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider shall install and maintain all public sidewalks requirejd by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. Street Name Curb sidewalk Conventional Sidewalk Sidewalk Requirement Waived by Council Wood River Road X NO 6.Flood Plain. Since all of the subdivision is within a delineated flood plain, all structures within areas identified as a special flood hazard area constructed shall have Grand Island Council Session - 9/24/2019 Page 102 / 289 - 5 - the lowest floor elevation to a minimum of one foot above the elevation of the 100-year flood as determined by the building permit received by the Subdivider or successors from the Building Department under the provisions of applicable Federal, State, or local laws and regulations. No basement shall be constructed in connection with any structure in the flood plain unless such basement is floodproofed and certified as such by a qualified engineer or architect. 7. Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. 8.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 9.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. Grand Island Council Session - 9/24/2019 Page 103 / 289 - 6 - 10.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as BOSSELVILLE FIFTH SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 11.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2019. BOSSELMAN TRAVEL CENTERS, INC., Subdivider By: ____________________________________ Charles D. Bosselman, Jr., President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2019, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Charles D. Bosselman Jr., President of Bosselman Travel Centers, Inc., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of BOSSELMAN TRAVEL CENTERS, INC. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Grand Island Council Session - 9/24/2019 Page 104 / 289 - 7 - CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2019, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2019-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 9/24/2019 Page 105 / 289 Approved as to Form ¤ ___________ September 9, 2019 ¤ City Attorney R E S O L U T I O N 2019-288 WHEREAS, know all men by these presents, that Bosselman Travel Centers, Inc., being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “BOSSELVILLE FIFTH SUBDIVISION”, A tract of land consisting of all of Outlot 1, Block 2, Bosselville Subdivision, part of the East Half of the Southeast Quarter (E ½, SE ¼) and part of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter (NE ¼ , SW ¼ , SE ¼) all of Section Thirteen (13), Township Ten (10) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of BOSSELVILLE FIFTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 106 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-10 #2019-289 - Approving Final Plat and Subdivision Agreement for Wanda’s Estate Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/24/2019 Page 107 / 289 Council Agenda Memo From:Regional Planning Commission Meeting:September 10, 2019 Subject:Wanda’s Estate Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located west of Locust Street and south Lake Street, just south of the old Honda Shop in Grand Island, Nebraska. (2 lots, 10.017 acres). This property is zoned LLR Large Lot Residential. A tract of land in the Southeast Quarter of the Northeast Quarter (NW1/4,) of Section Thirty-three (33), Township Eleven (11) north, Range Nine (9) west of the 6th P.M., in Grand Island, Hall County, Nebraska. Discussion The final plat for Wanda’s Estate Subdivision was considered by the Regional Planning Commission at the September 4, 2019 meeting. A motion was made by Maurer and second by Ruge to approve the final plat as presented. A roll call vote was taken and the motion passed with 11 members present and voting in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen and Kjar) and 1 member present voting no (Randone). 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 - 9/24/2019 Page 108 / 289 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/24/2019 Page 109 / 289 Developer/Owner Wanda A. Kayl Grand Island Council Session - 9/24/2019 Page 110 / 289 3642 South Locust Grand Island, NE 68801 To create 1 lot with Lewis Greenscape and the house to the west of the business and the farm ground to the south and east in Grand Island, Nebraska. Size: 10.017 Acres 2 Lots Zoning: LLR – Large Lot Residential Road Access: Wildwood Drive is rural section county highway. Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 9/24/2019 Page 111 / 289 Grand Island Council Session - 9/24/2019 Page 112 / 289 Grand Island Council Session - 9/24/2019 Page 113 / 289 SUBDIVISION AGREEMENT WANDA’S ESTATE SUBDIVISION (Lots 1 and 2) In the City of Grand Island, Hall County Nebraska The undersigned, WANDA A. KAYL, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A TRACT OF LAND IN SE1/4/, NE1/4 OF SECTION OF 33, T11N, R9W, HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4, NE1/4; THENCE N OO°11’27” W ON AND UPON THE EAST LINE OF SAID SE1/4, NE1/4 A DISTANCE OF 624.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON THE AFORE SAID BEARING A DISTANCE OF 327.57 FEET TO A POINT; THENCE N 88°08’55”W ON AND UPON THE SOUTH LINE OF JGMO SUBDIVISION A DISTANCE OF 1329.44 FEET TO A POINT ON THE WEST LINE OF SAID SE1/4, NE1/4; THENCE S 00°10’11’E ON AND UPON THE WEST LINE OF SAID SE1/4, NE1/4 A DISTANCE OF 329.26 FEET TO A POINT; THENCE S * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/24/2019 Page 114 / 289 - 2 - 88°13’17”E A DISTANCE OF 1329.3449 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 10.017 ACRES MORE OF LESS OR WHICH 0.299 ACRES MORE OF LESS ARE ROAD RIGHT-OF-WAY; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as WANDA’S ESTATE SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said WANDA’S ESTATE SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Locust Street where it abuts the subdivision. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply as required by Grand Island City Code. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision. Due to the distance between any new structures on Lot 2 of the subdivision and the existing service the city will allow a septic system on said lot 2. If the owners of lot 2 wish to connect to Grand Island Council Session - 9/24/2019 Page 115 / 289 - 3 - the existing unused service the city will grant a license agreement to allow construction of sewer service line in front of Lot 1 in the right of way for Locust Street. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. Immediate sidewalk construction adjacent to Locust Street shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection Grand Island Council Session - 9/24/2019 Page 116 / 289 - 4 - and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as WANDA’S ESTATE SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 9.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2019. WANDA A. KAYL, Subdivider By: ____________________________________ Wanda A. Kayl STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2019, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Wanda A. Kayl, known personally to me to be the identical persons who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his and her voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Grand Island Council Session - 9/24/2019 Page 117 / 289 - 5 - My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2019, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2019-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 9/24/2019 Page 118 / 289 Approved as to Form ¤ ___________ September 6, 2019 ¤ City Attorney R E S O L U T I O N 2019-289 WHEREAS, know all men by these presents, that Wanda A. Kayl being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “WANDA’S ESTATE SUBDIVISION”, A tract of land in the Southeast Quarter of the Northeast Quarter (SE1/4,NE1/4) of Section Thirty-three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of WANDA’S ESTATE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 119 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-11 #2019-290 - Approving Certificate of Final Completion for Water Main Project 2019-W-2 - 7th & Darr Streets Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 9/24/2019 Page 120 / 289 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:September 24, 2019 Subject:Water Main Project 2019-W-2 – West 7th Street and North Darr Avenue – Certificate of Final Completion Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2019-W-2 has been completed by the City of Grand Island Utilities Water Department. The work removed one public low flow fire hydrant and relocated two public fire hydrants near the intersection of West 7th Street and North Darr Avenue. A site map of the area is attached for reference. Discussion The project has been completed in accordance with the terms and conditions of the engineered plans. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Water Main Project 2019-W-2 – West 7th Street and North Darr Avenue. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2019-W-2 - West 7th Street and North Darr Avenue. Grand Island Council Session - 9/24/2019 Page 121 / 289 Grand Island Council Session - 9/24/2019 Page 122 / 289 Grand Island Council Session - 9/24/2019 Page 123 / 289 Grand Island Council Session - 9/24/2019 Page 124 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-290 WHEREAS, the Utilities Engineer and Public Works Director have issued a Certificate of Final Completion for Water Main Project 2019-W-2 located near the intersection of West 7th Street and North Darr Avenue in the City of Grand Island, Nebraska, certifying that the City of Grand Island Utilities Water Department has completed such project according to the terms, condition, and plans for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the Engineer’s Certificate of Final Completion; and WHEREAS, the Mayor concurs with the recommendation of the Public Works Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2019-W-2 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 125 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-12 #2019-291 - Approving Certificate of Final Completion for Water Main Project 2018-W-9 - 20th & Wheeler Streets Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 9/24/2019 Page 126 / 289 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:September 24, 2019 Subject:Water Main Project 2018-W-9 – West 20th Street and North Wheeler Avenue – Certificate of Final Completion Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2018-W-9 has been completed by the City of Grand Island Utilities Water Department. The work resolved a storm sewer/water main conflict and added one public fire hydrant near the intersection of West 20th Street and North Wheeler Avenue. A site map of the area is attached for reference. Discussion The project has been completed in accordance with the terms and conditions of the engineered plans. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Water Main Project 2018-W-9 – West 20th Street and North Wheeler Avenue. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2018-W-9 – West 20th Street and North Wheeler Avenue. Grand Island Council Session - 9/24/2019 Page 127 / 289 Grand Island Council Session - 9/24/2019 Page 128 / 289 Grand Island Council Session - 9/24/2019 Page 129 / 289 Grand Island Council Session - 9/24/2019 Page 130 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-291 WHEREAS, the Utilities Engineer and Public Works Director have issued a Certificate of Final Completion for Water Main Project 2018-W-9 located near the intersection of West 20th Street and North Wheeler Avenue, in the City of Grand Island, Nebraska, certifying that the City of Grand Island Utilities Water Department has completed such project according to the terms, condition, and plans for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the Engineer’s Certificate of Final Completion; and WHEREAS, the Mayor concurs with the recommendation of the Public Works Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2018-W-9 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 131 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-13 #2019-292 - Approving Transmission Planning Services Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2019 Page 132 / 289 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 24, 2019 Subject:Consulting Services Agreement with GDS Associates, Inc., for Transmission Planning Services Presenter(s):Tim Luchsinger, Utilities Director Background The Grand Island Utilities Department (GIUD) utilizes a 115,000 Volt transmission loop around the City to connect the substations together as well as provide interconnections with Nebraska Public Power District (NPPD) in five locations. These transmission facilities are required to comply with several federal regulatory standards. Earlier this year, Midwest Reliability Organization (MRO), the regional compliance enforcement agency, informed Grand Island Utilities that they would require registration as a Transmission Planner within the next year. The Transmission Planner requirements involve routine engineering analysis, identification and evaluation of necessary upgrades and attending regular meetings. Discussion The Transmission Planning standards require some significant time and equipment to accomplish. As with many compliance responsibilities, it isn’t cost effective for a small utility to perform these functions in-house. There are organizations that perform these functions for a number of utilities and are able to spread many of these costs out. The decision was made to issue a Request for Proposal. Two proposals were received on July 24th from GDS Associates, Inc., and KLJ Engineering. Proposals were evaluated on responsiveness, company experience, personnel experience and commercial terms. The evaluation determined that GDS Associates, Inc., provided the best proposal and is currently performing these services for several other similar sized utilities. Due to confidentiality, the Agreement is provided to Council under separate cover. Grand Island Council Session - 9/24/2019 Page 133 / 289 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 a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Consulting Services Agreement with GDS Associates, Inc., for Transmission Planning Services. Sample Motion Move to approve the Consulting Services Agreement with GDS Associates, Inc. Grand Island Council Session - 9/24/2019 Page 134 / 289 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSALS FOR TRANSMISSION PLANNING SERVICES RFP DUE DATE:July 24, 2019 at 4:00 pm DEPARTMENT:Utilities PUBLICATION DATE:May 15, 2019 NO. POTENTIAL BIDDERS:7 PROPOSALS RECEIVED GDS Associates, Inc.KLJ Engineering Marietta, GA Englewood, CO cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin Assist. Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Travis Burdett, Deputy Utilities Director P2130 Grand Island Council Session - 9/24/2019 Page 135 / 289 Grand Island Council Session - 9/24/2019 Page 136 / 289 Grand Island Council Session - 9/24/2019 Page 137 / 289 Grand Island Council Session - 9/24/2019 Page 138 / 289 Grand Island Council Session - 9/24/2019 Page 139 / 289 Grand Island Council Session - 9/24/2019 Page 140 / 289 Grand Island Council Session - 9/24/2019 Page 141 / 289 Grand Island Council Session - 9/24/2019 Page 142 / 289 Grand Island Council Session - 9/24/2019 Page 143 / 289 Grand Island Council Session - 9/24/2019 Page 144 / 289 Grand Island Council Session - 9/24/2019 Page 145 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-292 WHEREAS, the City of Grand Island invited proposals for Transmission Planning Services, according to plans and specifications on file with the Utilities Department; and WHEREAS, proposals were received by July 25, 2019 at 4:00 p.m. and were opened and reviewed; and WHEREAS, GDS Associates, Inc., of Marietta, Georgia, submitted a proposal in accordance with the terms of the advertisement of the proposal and plans and specifications and all other statutory requirements contained therein, and GDS Associates, Inc., is currently performing these services for several other similar sized utilities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from GDS Associates, Inc., for transmission Planning Services, is hereby approved as the best responsible proposal. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 146 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-14 #2019-293 - Approving Acquisition of Utility Easement - 4075 West 13th Street - Hall County School District 2 This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2019 Page 147 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-293 WHEREAS, a public utility easement is required by the City of Grand Island from Hall County School District 2, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines and; WHEREAS, a public hearing was held on September 24, 2019, for the purpose of discussing the proposed acquisition of a ten (10.0) foot utility easement located through a part of Lot One (1), Block Two (2), Neumann Second Subdivision, in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northerly ten (10.0) feet of Lot One (1), Block Two (2), Neumann Second Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing a total of .125 acres, more or less as shown on the plat dated 5/29/2019, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Hall County School District 2 on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. __________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 148 / 289 Grand Island Council Session - 9/24/2019 Page 149 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-15 #2019-294 - Approving Platte Generation Station Coal Combustion Residual (CCR) Groundwater Services CSM/ASD Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2019 Page 150 / 289 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:September 24, 2019 Subject:PGS - Coal Combustion Residual (CCR) Groundwater Services CSM/ASD Presenter(s):Timothy G. Luchsinger, Utilities Director Background On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the final rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA). The rule became effective on October 19, 2015. In general, CCR compliance activities include publication of public information on the web, signage, groundwater sampling, and impoundment structural and safety assessment is required for the Platte Generating Station. Platte Generating Station personnel reviewed the regulations and determined consulting services were needed to meet the CCR Rule compliance schedule. HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska. Discussion On September 27, 2016 Council approved HDR Engineering to complete task 1-4 to include ground water sampling, review of the Ash Landfill Closure Plan, Post-closure plan, and Run-on/run-off control system plan for a cost not to exceed $86,290.00. Additional task #5-9 were identified to meet the next phases of the CCR Rule. These next tasks are to include: Task 5-100 through 300: Complete the second half of the ground water sampling, statistical analysis, and reporting required. Not to exceed $31,900.00. Task 6-100 through 200: Complete an alternative source demonstration investigation. Not to exceed $39,300.00. Grand Island Council Session - 9/24/2019 Page 151 / 289 Task 7-100 through 200: Complete the annual inspection and reporting of fugitive dust control. Not to exceed $12,760.00. Task 8- 100 through 300: Complete the annual groundwater sampling, statistical analysis and reporting for 2019. Not to exceed $54,800.00. Task 9-100 through 200: Prepare a conceptual site model of the hydrologic and hydro- geochemical setting of the PGS Ash Landfill and evaluate the results of the model. Not to exceed $51,200.00. To ensure the same high quality and consistency for these next phases of the CCR Rule 257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with these tasks. HDR is providing professional consultant services regarding CCR to Omaha Public Power District, Hastings Utilities, Fremont Utilities and the Public Power Generation Agency. The total cost to be approved, for a not-to-exceed fee amount of $189,960.00. In accordance with City Procurement Code, plant staff recommends that the Council authorize HDR Engineering to continue their services as the Consulting Engineer for the Platte Generating Station CCR requirements. 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 authorize HDR, Inc., of Omaha, Nebraska, for providing Engineering services to meet the Coal Combustion Residuals Program - 2019 Conceptual Site Model and Alternate Source Demonstration for Platte Generating Station, for a fee not to exceed $189,960.00. Sample Motion Move to authorize HDR, Inc., of Omaha, Nebraska, to providing Engineering Services for the Platte Generating Station - 2019 Conceptual Site Model and Alternate Source Demonstration requirements, for a fee not to exceed $189,960.00. Grand Island Council Session - 9/24/2019 Page 152 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-294 WHEREAS, the U.S. Environmental Protection Agency’s Rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA) became effective on October 19, 2015; and WHEREAS, personal at the Platte Generating Station reviewed the regulations and determined consulting services were needed to meet the CCR Rule Compliance schedule, and HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska; and WHEREAS, on September 27, 2016 Council approved HDR Engineering to complete task 1-4 to include ground water sampling, review of the Ash Landfill Closure Plan, Post-closure Plan, and Run-on/run-off Control System Plan for a cost not to exceed $86,290.00, and additional task #5-9 were identified to allow compliance of the CCR Rule which include: Task 5-100 through 300: Complete the second half of the ground water sampling, statistical analysis, and reporting required. Not to exceed $31,900.00. Task 6-100 through 200: Complete an alternative source demonstration investigation. Not to exceed $39,300.00. Task 7-100 through 200: Complete the annual inspection and reporting of fugitive dust control. Not to exceed $12,760.00. Task 8- 100 through 300: Complete the annual groundwater sampling, statistical analysis and reporting for 2019. Not to exceed $54,800.00. Task 9-100 through 200: Prepare a conceptual site model of the hydrologic and hydro-geochemical setting of the PGS Ash Landfill and evaluate the results of the model. Not to exceed $51,200.00. WHEREAS, to ensure compliance and consistency for the CCR Rule 257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with these tasks at a cost not to exceed $189,960.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that HDR Engineering is authorized to continue the tasks associated with the CCR Rule and NDEE Title 132 in an amount not to exceed $189,960.00. - - - Grand Island Council Session - 9/24/2019 Page 153 / 289 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 154 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-16 #2019-295 - Approving Correction to Resolution No. 2019-221 Regarding Purchase of Sludge Blanket Level Detectors for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2019 Page 155 / 289 Council Agenda Memo From:Jon Menough PE, Wastewater Treatment Plant Engineer Meeting:September 24, 2019 Subject:Approving Correction to Resolution No. 2019-221 Regarding Purchase of Sludge Blanket Level Detectors for the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background On July 23, 2019 the Grand Island City Council approved Resolution No. 2019-221, which allowed for. The Wastewater Division uses such detectors in all five (5) clarifiers to monitor the collection of solids, which allows the operators to monitor sludge blanket levels and make adjustments to the clarifiers to optimize their function. Monitoring and keeping sludge levels within the optimum range keeps the plant effluent within the permitted limits for solids discharge. The reason for the replacement of all the current detector is that they have reached their end of life and are no longer in production or supported by the manufacturer. Discussion Resolution No. 2019-221 incorrectly stated the vendor, Analytical Technology, Inc. of Collegeville, Pennsylvania, which is the dealer. The vendor should have been listed as Willco, Inc. of Omaha, Nebraska who is the authorized sales representative for the Grand Island territory. The Wastewater Division of the Public Works Department is requesting a resolution to correct the vendor to, Willco, Inc. of Omaha, Nebraska, for the purchase of Sludge Blanket Level Detectors for all five (5) clarifiers in the amount of $25,690.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 9/24/2019 Page 156 / 289 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 correction to Resolution No. 2019-221, which corrects the vendor to Willco, Inc. of Omaha, Nebraska for the purchase of Sludge Blanket Level Detectors for all five (5) clarifiers in the amount of $25,690.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/24/2019 Page 157 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-295 WHEREAS, the City of Grand Island City Council approved Resolution No. 2019-221, which allowed for the purchase of Sludge Blanket Level Detectors for all five (5) clarifiers from Analytical Technology, Inc. of Collegeville, Pennsylvania for the Wastewater Division of the Public Works Department; and WHEREAS, Resolution No. 2019-221 incorrectly stated the vendor, which should have been Willco, Inc. of Omaha, Nebraska who is the authorized sales representative for the Grand Island territory. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment of Resolution No. 2019-221 is hereby approved to correct the vendor to Willco, Inc. of Omaha, Nebraska in the amount of $25,690.00 for the purchase of five (5) Sludge Blanket Level Detectors for the Wastewater Division of the Public Works Department. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 158 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-17 #2019-296 - Approving Bid Award for Concrete Pad Upgrade; Project No. 2019-WWTP-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2019 Page 159 / 289 Council Agenda Memo From:Jon Menough PE, Wastewater Treatment Plant Engineer Meeting:September 24, 2019 Subject:Approving Bid Award for Concrete Pad Upgrade; Project No. 2019-WWTP-4 Presenter(s):John Collins PE, Public Works Director Background On August 27, 2019 the Engineering Division of the Public Works Department advertised for bids for Concrete Pad Upgrade; Project No. 2019-WWTP-4 at the Wastewater Treatment Plant. This project will extend the existing concrete pad at the Wastewater Treatment Plant to allow for easier movement of equipment used daily in the plant operations. Discussion Four (4) bids were received and opened on September 10, 2019. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. EXCEPTIONS BID PRICE Carlos Guerrero Construction of Grand Island, Nebraska None $30,889.00 Bigzby’s, Inc. of Grand Island, Nebraska None $34,184.00* Carkoski Construction, Inc. of Loup City, Nebraska Noted $38,424.00 Myers Construction, Inc. of Broken Bow, Nebraska None $62,378.00 *Corrected Bid There are sufficient funds in the approved 2019/2020 budget to fund this project. 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 - 9/24/2019 Page 160 / 289 Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Carlos Guerrero Construction of Grand Island, Nebraska in the amount of $30,889.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 9/24/2019 Page 161 / 289 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 10, 2019 at 2:15 p.m. FOR:Concrete Pad Upgrade; Project No. 2019-WWTP-4 DEPARTMENT:Public Works ESTIMATE:$31,000.00 FUND/ACCOUNT:53030054-85213-53035 PUBLICATION DATE:August 27, 2019 NO. POTENTIAL BIDDERS:14 SUMMARY Bidder:Philip Carkoski Construction, Inc.Myers Construction, Inc. Loup City, NE Broken Bow, NE Bid Security:Farmington Casualty Co.Inland Insurance Co. Exceptions:Noted None Bid Price:$38,424.00 $62,378.00 Bidder:Carlos Guerrero Construction Bigzby’s, Inc. Grand Island, NE Grand Island, NE Bid Security:Cashier’s Check Western Surety Company Exceptions:None None Bid Price:$30,889.00 $34,168.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Roger Scott, Wastewater Engineer P2152 Grand Island Council Session - 9/24/2019 Page 162 / 289 DRAFT CONTRACT AGREEMENT THIS AGREEMENT made and entered into this _____day of ______________, 2019, by and between CARLOS GUERRERO CONSTRUCTION, hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of CONCRETE PAD UPGRADE; PROJECT NO. 2019-WWTP-4; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of THIRTY THOUSAND EIGHT HUNDRED EIGHTY NINE AND 00/100 ($30,889.00) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of CONCRETE PAD UPGRADE; PROJECT NO. 2019-WWTP-4. ARTICLE IV. Final completion shall be November 30, 2019. Grand Island Council Session - 9/24/2019 Page 163 / 289 2 | Page City of Grand Island| Contract Agreement Concrete Pad Upgrade; Project No. 2019-WWTP-4 ARTICLE V. It is understood and agreed that time is the essence of the contract. Should the Contractor fail to perform the work within the period of time stipulated in the Contract Agreement, the Contractor shall pay to the City, as liquidated damages and not as a penalty, $250.00 per calendar day of default unless extensions of time granted by the City specifically provide for the waiving of liquidated damages. The City shall have the right to deduct the liquidated damages from any moneys in its hands, otherwise due, or to become due, to the Contractor, or to sue for and recover compensation for damages for non-performance of this contract within the time stipulated. ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VII. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. ARTICLE VIII. During the performance of this contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability and to comply at all times with all applicable state and federal civil rights acts and executive orders of the President of the United States. ARTICLE IX. Every public contractor and their subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE X. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE XI. The City reserves the right to terminate this contract at any time upon sixty (60) days notice. If the contract is terminated, the contractor will be compensated for any services, not in dispute, rendered to date of termination. ARTICLE XII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE XIII. LB 403: Every public consultant and his, her or its subcontractors who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Grand Island Council Session - 9/24/2019 Page 164 / 289 3 | Page City of Grand Island| Contract Agreement Concrete Pad Upgrade; Project No. 2019-WWTP-4 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. CARLOS GUERRERO CONSTRUCTION By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Grand Island Council Session - 9/24/2019 Page 165 / 289 4 | Page City of Grand Island| Contract Agreement Concrete Pad Upgrade; Project No. 2019-WWTP-4 APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "consultant") agrees as follows: (1) Compliance with Regulations: The consultant shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor supplier shall be notified by the consultant of the consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the consultant under the agreement until the consultant complies, and/or (b.) cancellation, termination or suspension of the agreement, in whole or in part. (6) Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any subcontract or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the consultant may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 9/24/2019 Page 166 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-296 WHEREAS, the City of Grand Island invited sealed bids for Concrete Pad Upgrade; Project No. 2019-WWTP-4, according to plans and specifications on file with the Public Works Department; and WHEREAS, on September 10, 2019 bids were received, opened, and reviewed; and WHEREAS, Carlos Guerrero Construction of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $30,889.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carlos Guerrero Construction of Grand Island, Nebraska in the amount of $30,889.00 for Concrete Pad Upgrade; Project No. 2019-WWTP-4 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 167 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-18 #2019-297 - Approving 2019 Municipal Annual Certification of Program Compliance to the Nebraska Board of Classifications and Standards Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2019 Page 168 / 289 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:September 24, 2019 Subject:2019 Municipal Annual Certification of Program Compliance to the Nebraska Board of Classifications and Standards Presenter(s):John Collins PE, Public Works Director Background Changes of the reporting requirements to the Nebraska Board of Classifications and Standards (NBCS) were approved by the Nebraska Legislature in March of 2019 with the passing of LB82. Highlights of the changes are below. In prior years, the City has been required to hold a public hearing on, adopt, and file with the NBCS a One- and Six-Year Street Improvement Plan on a calendar year basis. The City would typically hold the public hearing in December or January. LB82 still requires a public hearing on and adoption of a One- and Six-Year Street Improvement Plan but has given municipalities the ability to choose whether they will continue to report on a calendar year basis or change to a fiscal year basis (part of the budget process). The City was also previously required to report on and file with the NBCS a financial report of Road, Street, & Highway Programs referred to as the State Street Report. This submittal included specific detailed forms of program expenditures, revenues, equipment inventory, equipment maintenance costs, and material inventory values. With the passing of LB82, this report is no longer required to be completed or filed with the NBCS but the City will need to certify that it does use systems for tracking the above items. Discussion Attached is the new Annual Certification of Program Compliance that will be filed with NBCS in place of filing the One- and Six-Year Street Improvement Plan and the State Street Report. The 2019 One- and Six-Year Street Improvement Plan was approved by Council and filed with the NBCS before the LB82 changes came into effect and is thus in compliance with that requirement. Grand Island Council Session - 9/24/2019 Page 169 / 289 The tracking of tax revenue and expenditures for the purposes of highway, street, or road use is accomplished with the 210 Fund and the 410 Fund. Fleet Services keeps an inventory of equipment and machinery and also tracks the maintenance costs of each. Supply inventory is tracked by the Streets Division’s asset management program. Public Works staff is recommending the signing of the 2019 Municipal Annual Certification of Program Compliance to the Nebraska Board of Classifications and Standards. 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 signing of the 2019 Municipal Annual Certification of Program Compliance to the Nebraska Board of Classifications and Standards. Sample Motion Move to approve the signing of the 2019 Municipal Annual Certification of Program Compliance to the Nebraska Board of Classifications and Standards. Grand Island Council Session - 9/24/2019 Page 170 / 289 League of Nebraska Municipalities City and Village Clerks June 2019 -Lincoln LEGISLATIVE UPDATE NDOT Boards-Liaison Services The picture can't be displayed. Boards –Liaison Services Section Grand Island Council Session - 9/24/2019 Page 171 / 289 Nebraska’s Public Highways, Roads and Streets Statutes circa 1969 strove for uniformity and consistency •Professional management of road and street programs •Safety, quality, geometrics, maintenance To a large degree, the above have been accomplished by 2019 •Orderly planning for works and projects –One-and Six-Year planning •Systems of budgeting, accounting, inventory •Reasonable uniformity and consistency across the state, accommodating traffic while striving for fewer crashes Grand Island Council Session - 9/24/2019 Page 172 / 289 Nebraska’s Roads and Streets Governor’s executive order No. 17-04 (2017) drove review of all existing rules and regulations After 50 years, the NBCS believed it was time for updates to better reflect present highway, road and streets issues and needs. Review efforts by key stakeholders resulted in action by the Legislature via LB82 Grand Island Council Session - 9/24/2019 Page 173 / 289 LB82 –Generally, What Does It Do? Passed by Legislature March 1, 2019 Approved by Governor March 7, 2019 Effective Immediately! Eliminates annual reporting to the Nebraska Board of Public Roads Classifications and Standards (NBCS) –now requires an Annual Certification of Program Compliance Promotes more local control Allows the NBCS* more flexibility with design standards * Nebraska Board of Public Roads Classifications and Standards BOTTOM LINE: REDUCE REGULATORY BURDEN Grand Island Council Session - 9/24/2019 Page 174 / 289 LB82 –What Is It? •One Certification (with accompanying Resolution) instead of annual submittals of the One-and Six-Year Plan or Program and the financial and inventory reporting (formerly called SSAR) to the NBCS* •Practical, Flexible and Context Sensitive programs can be approved by NBCS Passed by Legislature March 1, 2019 Approved by Governor March 7, 2019 Effective Immediately! The Two Most Significant Parts to LB82 Affecting Counties and Municipalities The first major change in 50 years to the Nebraska system of managing public roads and streets This Presentation * Nebraska Board of Public Roads Classifications and Standards Grand Island Council Session - 9/24/2019 Page 175 / 289 “Certification” by Resolution •One Resolution, the Annual Certification of Program Compliance,covers both the OneAndSix and financial/inventory systems. •Certifies that each entity has provided their citizens the opportunity to know how each government entity intends to spend their highway money and to determine its performance when measured against its plans. •NDOT Boards-Liaison Services Section will mail out certification forms each year to the Clerks, to be completed, signed and returned by October 31. Grand Island Council Session - 9/24/2019 Page 176 / 289 Municipality Annual Certification of Program Compliance Clerks mail it back to the NBCS by October 31 Grand Island Council Session - 9/24/2019 Page 177 / 289 LB82 –Regulations to be Repealed 428 NAC 3 and 428 NAC 4 Regulations for public involvement and instructions for completing forms Grand Island Council Session - 9/24/2019 Page 178 / 289 LB82 –Reporting Forms Eliminated One-and Six-Year Plan Forms 7 thru 11 Eliminated NBCS will no longer maintain these forms Grand Island Council Session - 9/24/2019 Page 179 / 289 LB82 –Reporting Forms Eliminated SSAR Forms 1a-1e and 2 thru 6 Eliminated NBCS will no longer maintain these forms Grand Island Council Session - 9/24/2019 Page 180 / 289 LB82 –What Is It? •Copies of Interlocal agreements •Revenues from sales and use taxes imposed on motor vehicles, trailers and semitrailers Entities need to create and maintain such determination as a public record and certify the determination using the Annual Certification of Program Compliance form Passed by Legislature March 1, 2019 Approved by Governor March 7, 2019 Effective Immediately! Some Other Parts of LB82 to Be Aware Of The first major change in 50 years to the Nebraska system of managing public roads and streets! Documentation No Longer Reported to the NBCS §39-2114 §39-2510(2) and §39-2520(2) Grand Island Council Session - 9/24/2019 Page 181 / 289 LB82 –what it does NOT do is eliminate . . . •Professional management of roads and streets. This Includes incentive funds provided for licensed, appointed city street/county highway superintendent. •Work and project selections based on a priority of needs and calculated to contribute to the orderly development of an integrated statewide system of public roads (One-and Six-Year Plans or Programs) •Transparency for the Public •Public Hearing (next slide) •Comparison of receipts and expenditures for approved road/street budgets, plans, programs and standards. For roads and streets, where is the money coming from, what is it being spent on, and when? •Compliance with roads and streets laws. ALL UNDERLYING STATUES REMAIN AND MUST BE FOLLOWED. Penalty provisions are still in place. •Meet state statutes, local ordinances and NBCS standards and regulations Grand Island Council Session - 9/24/2019 Page 182 / 289 Transparency A public hearing for the One-Year Plan or Program is still required, as it has been for 50 years, by §39-2119. •Since 428 NAC 3 will be repealed, refer to your local entity’s (statutorily required) public hearing requirements, i.e. other state statutes, and local ordinances Grand Island Council Session - 9/24/2019 Page 183 / 289 Checks and Balances •Annual audits –State Auditor and CPAs (annual audits are NOT a function of the NBCS*) •Complaints on anything under the purview of the NBCS or the BEX •The BEX can investigate any licensed and appointed superintendent (§39-2309) •Compliance checks by the NBCS (§39-2122) to determine if State standards are being met on a construction work or project * Nebraska Board of Public Roads Classifications and StandardsNebraska Board of Examiners for County Highway and City Street Superintendents Grand Island Council Session - 9/24/2019 Page 184 / 289 Penalties (failure to file, suspension) Penalty Provisions –suspension of highway allocation distributions –are still in place for failure to •Comply with §39-2119. Develop, adopt and maintain a One-Year Plan or Program of specific highway, road and street improvements for public record, including holding a public hearing to present the One-Year plan or program. •Submit the Annual Certification of Program Compliance to Nebraska Board of Public Roads Classifications and Standards. §39-2115, §39-2119, §39-2120, §39-2121(1) and §39-2121(2) Grand Island Council Session - 9/24/2019 Page 185 / 289 Penalties (materially false reporting, 10%) Penalty Provisions –10% reduction of next year’s highway allocation distributions –are still in place for filing a materially false Annual Certification of Program Compliance to Nebraska Board of Public Roads Classifications and Standards. §39-2121(3) Grand Island Council Session - 9/24/2019 Page 186 / 289 LB82 –What Does It Do to the TIMING of the annual One-and Six-Year Plan or Program? •The One-and Six-Year Plan or Program may (should) be done in conjunction with the annual hearing on the proposed budget statement (§39-2119) •For municipalities and counties the intent is to submit the completed/signed Certification form and resolution after the following have occurred but no later than October 31: 1.approval and adoption by the governing body of the One-and Six-Year Plan or Program and 2.the annual hearing on the proposed budget statement Grand Island Council Session - 9/24/2019 Page 187 / 289 Year End Certification of Superintendent for Incentive Payment Is being updated to reflect LB82 changes The Clerks mails the signed Certification and Resolution and a copy of the meeting minutes showing the appointment to NDOT Boards-Liaison Services Section by December 31 The updated Certification with Resolution will be mailed out to county, city and village clerks on or about November 1 Eliminates filing of the OneAndSix and financial/inventory reports (formerly called SSAR) with the NBCS as one of the qualifications to receive incentive funds. Grand Island Council Session - 9/24/2019 Page 188 / 289 Year End Certification of City Street Superintendent for Incentive Payment Grand Island Council Session - 9/24/2019 Page 189 / 289 Annual Program & Budget Grand Island Council Session - 9/24/2019 Page 190 / 289 Annual Program & Budget Grand Island Council Session - 9/24/2019 Page 191 / 289 Annual Program & Budget Grand Island Council Session - 9/24/2019 Page 192 / 289 Annual Program & Budget Grand Island Council Session - 9/24/2019 Page 193 / 289 Lane Mile Reporting Importance of Annual Lane Mile Reports/City Annexations •Basis for City Road Allocation •Updated Lane Mile Report •Updated City Plat •Legal Description of Annexation •Plat Map of Annexation Grand Island Council Session - 9/24/2019 Page 194 / 289 Lane Mile Reporting Current Process •Clerks/Superintendents register in Board Liaison Services (BLS) portal •NDOT approves registrations •Clerks certify Superintendents •BLS portal emails Cover Letter/Guidelines, to Superintendents ~ March •Current City Plat and Lane Mile Reports available in portal •Superintendents print, mark-up, scan, upload Lane Mile Reports, City plats, Annexation Documents to BLS portal by Jul 31st. •NDOT reviews, accepts/rejects submission, incorporates changes Grand Island Council Session - 9/24/2019 Page 195 / 289 Lane Mile Reporting New Process •Clerks register in Board Liaison Services (BLS) portal •Current 1400+ registrations will be purged •All clerks will re-register for each city represented •NDOT will approve registrations •BLS portal emails Cover Letter & Guidelines to Clerks ~ March •Current City Plat and Lane Mile Reports available in portal •Clerks distribute for mark-ups (likely to Superintendents) •Clerks upload Lane Mile and Annexations docs. to BLS portal by Jul 31st •NDOT reviews, accepts/rejects submission, incorporates changes Grand Island Council Session - 9/24/2019 Page 196 / 289 Lane Mile Reporting Alternative Submittals •NDOT has received requests for electronic vs. scanned submittals •BLS portal can upload multiple file types •Revisions must be clearly marked •Proposals? •Questions •ndot.mrecmhelp@Nebraska.gov •matt.walker@Nebraska.gov Grand Island Council Session - 9/24/2019 Page 197 / 289 What’s Next ? •Update NBCS Regulations to comply with LB82, 2019 •Update BEX Regulations to Comply with LB733, 2018 Grand Island Council Session - 9/24/2019 Page 198 / 289 Questions Asked Recently Grand Island Council Session - 9/24/2019 Page 199 / 289 Question Do we still hold a 1&6-year public hearing? Yes. §39-2119 requires a public hearing for the One-Year Plan or Program of Highway, Road and Street Improvements. The Six-Year Plan or Program could be included in such a hearing; in any case, it must be adopted maintained as part of the public record, per §39-2115 . The legislature has been clear that public involvement and transparency remains as a critical component of highway, roads and streets programs! 1 Grand Island Council Session - 9/24/2019 Page 200 / 289 Question What is a public hearing? State statutes define a budget statement public hearing, but for the One-Year Plan or Program public hearing you need to refer to other state statutes or your local ordinances. Also, consult with your city, village or county attorney. 2 Grand Island Council Session - 9/24/2019 Page 201 / 289 Question Is the City Street or County Highway Superintendent required to attend the One-Year Plan or Program public hearing or the budget statement public hearing? No. The superintendent is not required by state statute, the NBCS* or the BEX to attend such meetings. * Nebraska Board of Public Roads Classifications and StandardsNebraska Board of Examiners for County Highway and City Street Superintendents 3 Grand Island Council Session - 9/24/2019 Page 202 / 289 Question Do we still hold a 1&6-year public hearing in February each year? There is no requirement to hold the annual public hearing in any particular month. If it is a year to hold a public hearing on the proposed budget, LB82’s update of §39-2119 suggests holding it in conjunction with that public hearing. The NBCS* recommends adopting the plan at the time of the finalization of the budget but no later than September 30th of each year. * Nebraska Board of Public Roads Classifications and Standards 4 Grand Island Council Session - 9/24/2019 Page 203 / 289 Question Do we still need to hold a public hearing for the OneAndSix plan, or is that something the governing body does when they finalize next year’s budget? A public hearing is still required. It is up to the governing body as to when to hold the public hearing. LB82’s update of §39-2119 suggests holding the public hearing in conjunction with the public hearing on the proposed budget statement in any year that occurs. 5 Grand Island Council Session - 9/24/2019 Page 204 / 289 Question Do we need to hold another 1&6-year public hearing this year to comply for 2019? Not necessarily. §39-2119 requires a public hearing for the One-Year Plan or Program annually. Submitting the new Annual Certification of Program Compliance by October 31 will indicate that the entity has within the past year held a public hearing on its One-Year Plan or Program and complied with §39-2119 . 6 Grand Island Council Session - 9/24/2019 Page 205 / 289 Question We need to be at a lot of public hearings for 1-and 6-Year plans, our clients want us to be there, so is it possible to have the public hearings through the middle or end of November? LB82’s update of §39-2119 suggests holding the One- Year Plan or Program public hearing in conjunction with the public hearing on the proposed budget statement in any year that occurs. The NBCS recommends adopting it no later than September 30. The due date (October 31) for the Annual Certification of Program Compliance assumes that timing. However, it’s up to the governing body as to when to hold the public hearing and could be any month of the year. 7 Grand Island Council Session - 9/24/2019 Page 206 / 289 Question Instead of passing the resolution for adopting the OneAndSix plan after the OneAndSix public hearing, does the governing body do it when they approve the budget in September? It’s up to your local governing body. The resolution adopting the OneAndSix does not get submitted to NDOT Boards-Liaison Services Section any longer. Note that the resolution for the Annual Certification of Program Compliance is a different resolution; in that resolution, the governing body authorizes the Board Chairperson or the Mayor to sign the certification. 8 Grand Island Council Session - 9/24/2019 Page 207 / 289 Question For our One-Year Plan or Program, if we switch from calendar year to fiscal year, or vice versa, is that OK? Yes, but make sure there is not an excessive time gap between One-Year Plan or Program public hearings. You are certifying, in the Annual Certification of Program Compliance, that your entity held a One-Year Plan or Program public hearing within the past year. If you switch, don’t go more than one year without holding a public hearing. * Nebraska Board of Public Roads Classifications and Standards 9 Grand Island Council Session - 9/24/2019 Page 208 / 289 Question Do we still need to prepare the SSAR annually, just not mail it to the NBCS? Counties and municipalities no longer need to submit to the NBCS* what had been called for 50 years the standardized system of annual reporting (SSAR). * Nebraska Board of Public Roads Classifications and Standards However, §39-2120 remains in effect with the same requirements as always in terms of using appropriate systems of revenue, costs accounting, and budgeting. Refer to the statute, or to the Certification of Program Compliance for more specifics. 10 Grand Island Council Session - 9/24/2019 Page 209 / 289 Question Does the new Annual Certification of Program Compliance go by fiscal year or by calendar year? The Annual Certification of Program Compliance does not specify fiscal year or calendar year. The year cycle is a local decision. The NBCS* recommends that the governing body elect to report on a fiscal or calendar year basis and should then so report. The year designation at the top of the form is only for tracking purposes. * Nebraska Board of Public Roads Classifications and Standards 1 Grand Island Council Session - 9/24/2019 Page 210 / 289 Question When will we receive the Annual Certification of Program Compliance form? The Annual Certification of Program Compliance will be mailed by NDOT Boards-Liaison Services Section on or about July 31 each year. The intent is to update the form (programmatic changes, statute changes, etc.) as needed going forward. The year designation at the top will change each year for tracking purposes only. 2 Grand Island Council Session - 9/24/2019 Page 211 / 289 Question Who receives the Annual Certification of Program Compliance form? The Annual Certification of Program Compliance will be mailed by NDOT Boards-Liaison Services Section to county, city and village Clerks. 3 Grand Island Council Session - 9/24/2019 Page 212 / 289 Question Do we return the signed Annual Certification of Program Compliance and Resolution through OnBase (NDOT’s electronic portal)? No. The Clerk will mail them to Boards-Liaison Services Section. 4 Grand Island Council Session - 9/24/2019 Page 213 / 289 Question When is the signed Annual Certification of Program Compliance and Resolution due for submittal to the NBCS*? The Annual Certification of Program Compliance is due by October 31 each year. * Nebraska Board of Public Roads Classifications and Standards 5 Grand Island Council Session - 9/24/2019 Page 214 / 289 Question Does the Annual Certification of Program Compliance cover only the budget portion, or the budget and (One-and Six-Year) plan? Both. Through the Annual Certification of Program Compliance the governing body certifies compliance with key statutes and eight action items including a system of budgeting, adoption of a One-and Six-Year plan or program, and providing its citizens with the opportunity or opportunities to know how money will be and was spent and to determine its performance when measured against its plan or program. 6 Grand Island Council Session - 9/24/2019 Page 215 / 289 Question Does the Annual Certification of Program Compliance need to be notarized? No. The Annual Certification of Program Compliance form (and the resolution) has spaces for required signatures and attestation. 7 Grand Island Council Session - 9/24/2019 Page 216 / 289 Question We don't file the 1& 6 program online anymore; the governing body does the certification form with required signatures? That is correct. Do not submit your OneAndSix Plan or Program to the Nebraska Board of Public Roads Classifications and Standards any longer. That is one of the main changes that came from LB82. 8 Grand Island Council Session - 9/24/2019 Page 217 / 289 Question What is the county highway or city street superintendent’s role going forward? The county highway or city street superintendent’s role going forward is the same, except for submitting an annual OneAndSix plan and the SSAR to the Nebraska Board of Public Roads Classifications and Standards. That duty was eliminated from §39-2502 and §39-2512; all other duties are the same. LB82 did not change the Superintendent’s Act statutes, Chapter 39, Article 23. 1 Grand Island Council Session - 9/24/2019 Page 218 / 289 Question Are we still required to have a city street (or county highway) superintendent in order to receive the incentive payment? That is correct. LB82 did not change the incentive payment system (state statutes Chapter 39, Section 25). In order to receive the incentive payment, the superintendent must be actively involved and responsible for, i.e. actually performing, the duties listed in statutes §39-2502 and §39-2512. 2 Grand Island Council Session - 9/24/2019 Page 219 / 289 Question Does a consultant superintendent still need to compile a highway/road/street budget for the governing body, or is it on the governing body to get it done? Referring to statutes §39-2502 and §39-2512, to receive the annual incentive payment the appointed superintendent must actively participate in developing an annual budget based on programmed projects and activities. 3 Grand Island Council Session - 9/24/2019 Page 220 / 289 Question Is the governing body required to adopt a road budget as presented by the (Road or Street) Superintendent? No. The governing body makes the ultimate decision on its budget. 4 Grand Island Council Session - 9/24/2019 Page 221 / 289 Question Keep records, etc. pretty much like we always have on file? That is correct. Record keeping statutes, regulations and local ordinances remain in place and compliance is required. 1 Grand Island Council Session - 9/24/2019 Page 222 / 289 Question Do we still need to file our 1&6-year plan or program which was due March 1, 2019? Per the letter of the law, yes. Any revisions to the 2019 One-Year Plan or Program adopted by a county or municipality after LB82 became law (March 8, 2019) will no longer be filed with the NBCS*. * Nebraska Board of Public Roads Classifications and Standards 1 Grand Island Council Session - 9/24/2019 Page 223 / 289 Proposed Changes •“Practical Design” or “Context Sensitive Design” •Allow a County, Municipality or the State DOT to negotiate an MOU with the Board for a “program” such as “Practical Design” or “Context Sensitive Design.”•The Board would not approve a “program” unless the Board believed that the safety benefits of the program justified not meeting a particular design standard. This may allow the entity to construct more safety projects because of the cost savings allowed by the program. •Once an MOU is in effect, the applicable entity would be pre-approved to construct a project covered by the MOU so long as all conditions specified by the Board in the MOU are met by the entity.•In this way, the pre-approval is like obtaining a relaxation from the Board.•Allowing pre-approved programs, would provide more flexibility for the entities and would retain the Board’s discretion to allow projects the Board believes have substantial safety benefits. •As is the case today, all design and maintenance standards must be met for each project, unless a pre-approved program is set out in an MOU. •The Statutory Change would merely authorize an MOU for a “program,” it would not require it.•Board relaxations would still be used as they have always been used for all projects not covered by a program MOU. Grand Island Council Session - 9/24/2019 Page 224 / 289 League of Nebraska Municipalities City and Village Clerks June 2019 -Lincoln LEGISLATIVE UPDATE NDOT Boards-Liaison Services The picture can't be displayed. Boards –Liaison Services Section Grand Island Council Session - 9/24/2019 Page 225 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-297 WHEREAS, State of Nebraska Statutes, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards; and WHEREAS, State of Nebraska Statute section 39-2120 also requires that the annual certification of program compliance by each municipality shall be signed by the Mayor or Village Board Chairperson and shall include a copy of a resolution of the governing body of the municipality authorizing the signing of the certification form. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the Mayor is hereby authorized to sign the attached Municipal Annual Certification and Program Compliance form. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 226 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-19 #2019-298 - Approving Authorization for Emergency Sanitary Sewer Repair at Pleasant View Drive and Fonner Park Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2019 Page 227 / 289 Council Agenda Memo From:Jon Menough PE, Wastewater Treatment Plant Engineer Meeting:September 24, 2019 Subject:Approving Authorization for Emergency Sanitary Sewer Repair at Pleasant View Drive and Fonner Park Road Presenter(s):John Collins PE, Public Works Director Background Emergency sanitary sewer repairs were needed for an imminent collapse of sanitary sewer at the northwest corner of Pleasant View Drive and Fonner Park Road, west of 1146 Pleasant View Drive. On August 13, 2019 the Collection Crew of the Wastewater Division was performing routine sanitary sewer main televising and discovered a break. Prior to this repair there have been two (2) emergency sanitary sewer repairs for Calendar Year 2019, which occurred at 720 West Stolley Park Road and 947 South Oak Street. Total for these two (2) repairs was $120,923.00. Discussion The Diamond Engineering Company of Grand Island, Nebraska provided a quote of $37,052.76, along with a quote from Starostka Group Unlimited, Inc. of Grand Island, Nebraska in the amount of $57,991.00; a decline to quote from Van Kirk Bros. of Sutton, Nebraska due to current work load; and no response from Myers Construction, Inc. of Grand Island, Nebraska. Repairs were completed and are to be paid at actual costs, which total $37,052.76. Since the total is over $20,000.00 council approval is necessary. Permission is requested to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. Grand Island Council Session - 9/24/2019 Page 228 / 289 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 approves usage of the City’s Emergency Procurement Procedures and passes a resolution authorizing payment to The Diamond Engineering Company of Grand Island, Nebraska in the total amount of $37,052.76 for the necessary sanitary sewer repairs. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/24/2019 Page 229 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-298 WHEREAS, the Wastewater Division of the Public Works Department needed to perform emergency sanitary sewer repairs at the northwest corner of Pleasant View Drive and Fonner Park Road, west of 1146 Pleasant View Drive; and WHEREAS, permission is requested to use the emergency procurement procedures as outlined in Section 27-13 of the City Code; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska was hired to do said repairs, in the total amount of $37,052.76. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repairs performed by The Diamond Engineering Company of Grand Island, Nebraska at the northwest corner of Pleasant View Drive and Fonner Park Road, west of 1146 Pleasant View Drive, in the total amount of $37,052.76 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 230 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item G-20 #2019-299 - Approving 911 Data Sharing Agreement with Public Service Commission Staff Contact: Jon Rosenlund Grand Island Council Session - 9/24/2019 Page 231 / 289 Council Agenda Memo From:Jon Rosenlund, Director of Emergency Management Meeting:September 24, 2019 Subject:Approving ECaTS Agreement with Nebraska Public Service Commission Presenter(s):Jon Rosenlund, Director of Emergency Management Background The Nebraska Public Service Commission and the 911 Service System Advisory Committee (SSAC) have proposed the use of a Management Information Service (MIS) called Emergency Call Tracking System (ECaTS) to provide valuable call data for the individual Public Safety Answering Points (PSAP) to collect summary data. Similar data is collected and reported by each separate PSAP for funding allocations and reporting to the State Legislature. ECaTS will automatically collect and report this summary data to the PSC and provide each PSAP with additional data specific to their own operations. There is no cost to the PSAP for ECaTS as all costs are borne by the State PSC. Discussion The Nebraska Public Service Commission and its 911 Service System Advisory Committee (SSAC) have been discussion obtaining a Management Information Service (MIS) called Emergency Call Tracking System (ECaTS). ECaTS is a service that will provide valuable call data for an individual Public Safety Answering Point (PSAP) and will allow for the collection of call summary data statewide. ECaTS is the only MIS service that will work with al call handling equipment providers. The Data Sharing Agreement (DSA) associated with this agenda item was drafted to clarify the terms of service with the PSAPs and the PSC. The PSC has approved a contract to provide ECaTS services to all PSAPs in Nebraska utilizing the 911 Service System Fund. No costs are shared with the local PSAPs for this system. The purpose of the DSA is to acknowledge the access to and sharing of ECaTS data with the PSC and the 911 SSAC. Currently, the PSC uses the data collected and reported by the PSAPs to identify funding allocation and report metrics to the State Legislature, and to complete federally mandated reports. ECaTS will eliminate the need for individual PSAPs to collect and report this Grand Island Council Session - 9/24/2019 Page 232 / 289 data to the PSC and will improve call volume metrics. Better metrics are key to being able to efficiently manage PSAP call statistics and the future migration to Next Generation 911 Service Systems. ECaTS will also provide PSAP managers with detailed call metrics not typically available with standard call handling systems for better analysis of 911 operations, technological and mapping data. 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 this agreement and authorize the Emergency Management Director to sign on behalf of the PSAP. Sample Motion Move to approve the Data Sharing Agreement with the Public Service Commission and authorize the Emergency Management Director to sign on behalf of the PSAP. Grand Island Council Session - 9/24/2019 Page 233 / 289 Grand Island Council Session - 9/24/2019 Page 234 / 289 Grand Island Council Session - 9/24/2019 Page 235 / 289 Grand Island Council Session - 9/24/2019 Page 236 / 289 Grand Island Council Session - 9/24/2019 Page 237 / 289 Grand Island Council Session - 9/24/2019 Page 238 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-299 WHEREAS, the Grand Island Emergency Center, managed by the Grand Island Emergency Management Department is the Public Safety Answering Point (PSAP) for all of Hall County; and WHEREAS, the Grand Island Emergency Center collects 911 call data and reports this data to the Public Service Commission for funding and reporting purposes annually; and WHEREAS, the Public Service Commission has approved a contract to provide an automatic tool for summary 911 call data collection called Emergency Call Tracking System (ECaTS) to provide this funding and reporting data at no cost to the PSAPs, and WHEREAS, the Public Service Commission has drafted a Data Sharing Agreement to be signed by the PSAP directors that would allow the installation of ECaTS on the call handling equipment and allow for the automatic reporting and sharing of this summary 911 call data. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Emergency Management Director is hereby authorized and directed to approve this ECaTS Data Sharing Agreement with the Public Service Commission and coordinate the installation of ECaTS equipment on the 911 call handling equipment. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 239 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item I-1 #2019-300 - Consideration of Approving Labor Agreement between the City of Grand Island and the Fraternal Order of Police, Grand Island Lodge No. 24 Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/24/2019 Page 240 / 289 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:September 24, 2019 Subject:Approval of Labor Agreement between the City Of Grand Island and the Fraternal Order of Police, Grand Island Lodge No. 24 Presenter(s):Aaron Schmid, Human Resources Director Background Police Officer and Police Sergeant job classifications in the Police Department currently work under the conditions outlined in the labor agreement between the City of Grand Island (City) and the Fraternal Order of Police (FOP), Grand Island Lodge No. 24. The current labor agreement expires as of midnight September 30, 2019. The City and the FOP met to negotiate the terms of a new agreement and have reached a tentative agreement. Discussion The proposed labor agreement will begin October 1, 2019 and continue through September 30, 2022. A summary of changes are listed below and follow the order of the contract: 1.The collective bargaining agreement recognizes the creation of the Lieutenant classification. 2.The Hours of Work article has been further clarified to define the notice periods of planned scheduled changes and unplanned schedule changes. Unplanned schedule change notices have been reduced from 21 days to 14 days. The Training and Special Events bank has been removed from the contract. 3.Language regarding working out of class has been added to the contract. Employees will receive a 3% increase when working a full shift out of class. 4.Calendar dates have been added to the designated holidays. 5.The amount of vacation time has been increased at all service levels. 6.A stipulation requiring the use of five consecutive days of vacation per year has been removed. 7.Language has been added to bereavement leave to allow up to 16 hours per year for non-immediate family members. 8.The maximum accumulation of medical leave will increase from 1,280 hours to 1,887. Employees will receive a percentage of accumulated medical leave at Grand Island Council Session - 9/24/2019 Page 241 / 289 separation according to years of service or death. Payouts for medical leave will go into an employee’s VEBA account. 9.Procedures for handling declared weather events have been added. 10.Military Leave and Nebraska Family Military Leave language has been updated to cite updated state statutes. 11.The leave request process has been updated to address the use of MUNIS for requesting time off. 12.The Rates of Pay article has been updated to reflect a three-year agreement. 13.The amount of compensatory time allowed has increased from 96 hour to 110 hours. 14.Longevity pay will include $350 at 5 years of service and increases to existing amounts of pay at 15, 20 and 25 years. 15.The pay plan will place all classifications on a nine-step plan. 16.The benefits article has been updated to address the terms of the high deductible health plan and the traditional plan for the term of the contract. 17.Voluntary Employee Benefits Association (VEBA) language has been added to the contract. Employees will receive $20 per pay period. 18.Language has been added which describes allowable interactions between Union Officers and Management while on City time. 19.The following table reflects the wage adjustments, by classification, for the term of the contact. 2019 - 2020 2020 - 2021 2021 - 2022 CLASS TITLE Min Max Min Max Min Max Police Officer 3.00%6.78%3.00%3.00%3.00%3.00% Police Sergeant 14.00%3.25%3.00%3.00%3.00%3.00% Lieutenants $34.6000 $48.6219 3.00%3.00%3.00%3.00% 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 approve the labor agreement between the City of Grand Island and the Fraternal Order of Police, Grand Island Lodge No. 24. Sample Motion Move to approve the labor agreement between the City of Grand Island and the Fraternal Order of Police, Grand Island Lodge No. 24. Grand Island Council Session - 9/24/2019 Page 242 / 289 1 AGREEMENT THIS AGREEMENT, effective October 1, 20162019, is between the CITY OF GRAND ISLAND (hereinafter referred to as the “City”), and GRAND ISLAND LODGE NO. 24 OF THE FRATERNAL ORDER OF POLICE (hereinafter referred to as the “F.O.P.”). PURPOSE AND INTENT OF THE PARTIES The purpose of the City and the F.O.P. in entering this labor agreement is to promote harmonious relations between the employer and the F.O.P., the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, and conditions of employment. ARTICLE I F.O.P. RECOGNITION The City recognizes the F.O.P. as the sole and exclusive collective bargaining representative for the pay classifications of Police Officers, and Sergeants and Lieutenants. The City agrees that if in the event the City creates the rank of Lieutenant, the classification of Lieutenant will become a part of the bargaining unit at the expiration of the contract term in which the rank is created. ARTICLE II RESIDENCY All employees covered under this agreement are required to reside within thirty-five (35) miles of the city limits of the City of Grand Island. Current employees will establish residency within six (6) months after the beginning of this agreement. New employees, hired after the starting date of this agreement, will establish residency within six (6) months after the calendar date of the start of employment and will maintain residency during the term of the employment. For purposes of this agreement, residency will mean the employee’s domicile. ARTICLE III HOURS OF WORK A. SCHEDULES OF WORK The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective with the first full pay period following the execution of the agreement. The City also reserves the right to revise the regular set schedules from eighty (80) up to eight-six (86) hours per two (2) week pay period. The City shall provide sixty (60) days notice prior to making a set schedule change for each employee subject to the change. All unplanned schedule changes, except in cases of emergency, shall be posted or emailed for all affected employees to see at least fourteen (14) days before the change is effective. Grand Island Council Session - 9/24/2019 Page 243 / 289 2 The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. The City specifically maintains and reserves its management rights to establish the hours worked, the work week and all direction of the work force as allowed by law. Employees shall be eligible for overtime under this Agreement and it is expressly stated hereby that overtime shall not be paid more than once for the same hours worked. 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. The Training and Special Events bank shall be used for one (1) defensive tactics training, one (1) firearms qualifications, Harvest of Harmony Parade, and each employee will work a maximum of six (6) hours annually for the Nebraska State Fair. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for over-time but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City Of of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. The City also reserves the right to revise the regular set schedules from eighty (80) up to eight-six (86) hours per two (2) week pay period. The City shall provide sixty (60) days notice prior to making a set schedule change for each employee subject to the change. B. WORKING OUT OF CLASS If an employee works out-of-class for a minimum of one (1) full shift as approved by the Chief or designee, the employee will be paid at the temporary classification rate guaranteeing an increase of at least three (3) percent. ARTICLE IV HOLIDAYS AND HOLIDAY PAY A. HOLIDAYS The following holidays are observed. They shall be granted with pay to all eligible employees. An employee may be required to work on a holiday if necessary to maintain essential services to the public. New Year’s Day Veteran’s Day Arbor Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Grand Island Council Session - 9/24/2019 Page 244 / 289 3 Independence Day Christmas Day Labor Day New Year’s Day January 1 Arbor Day Last Friday in April Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Fourth Friday in November Christmas Day December 25 Declared Holiday Authorized by the Mayor Such holidays shall be observed on the actual day that the holiday falls. B. ELIGIBILITY FOR HOLIDAY COMPENSATION No employee shall be eligible for holiday pay unless such employee was in an active pay status on his/her last regularly scheduled day before the holiday and his/her first regular day after the holiday. “Active Pay Status” shall mean any pay status other than leave without pay or suspension without pay. No compensatory time may be accrued in lieu of being paid Holiday Worked pay or Holiday Benefit pay. C. HOLIDAY LEAVE Non-essential personnel shall use Holiday Leave when the holiday falls on a regular scheduled work day. Essential personnel may only use Holiday Leave in lieu of working any portion of their regularly scheduled shift on a holiday. The use of Holiday Leave requires supervisory approval and shall only apply one time per recognized holiday. In order to be compensated for a full twelve (12) hour or ten (10) hour shift, an employee must supplement with four (4) or two (2) hours of accrued leave. D. HOLIDAY WORKED AND HOLIDAY BENEFIT Holiday Worked hours shall consist of straight pay up to eight (8) hours plus additional compensation at the rate of 1.5 times the regular rate of compensation for those who are regularly scheduled to work. For those who are called into work on the holiday, they shall receive as compensation straight pay up to eight (8) hours for the holiday, plus additional compensation at the rate of 1.5 times the regular rate of pay for the actual hours worked as holiday on pay. For payroll purposes, Holiday Benefit is defined as an additional compensation at the employee’s regular rate of pay for eight (8) hours if the employee works the holiday, or if the holiday falls on the employee’s regularly scheduled day off. In order to be compensated for a full twelve (12) hour or ten (10) hour shift, an employee must supplement with four (4) or two (2) hours of accrued leave. E. HOLIDAY PAY DURING LEAVE OF ABSENCE When a holiday falls within a period of leave of absence without pay, the employee shall not be paid for the holiday. Grand Island Council Session - 9/24/2019 Page 245 / 289 4 ARTICLE V PERSONAL LEAVE Sixteen (16) hours of personal leave will be granted to eligible employees each contract year. Sixteen (16) hours of personal leave will be given the first full pay period in October and must be taken by September 15th. Personal leave hours may be taken at any time and may be taken in one (1) hour increments. The time selected by the employee must have the prior approval of the employee’s supervisor. The Chief or his or her designees will make every effort to grant requested personal leave time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. New employees who begin work on or after April 1 will not be eligible for personal leave until the following October 1. Employees will not compensated for unused or expired personal leave. ARTICLE VI VACATIONS A. ELIGIBILITY All full-time employees of the police division who have been in the employment of the City continually for one (1) year shall be eligible for vacation leave with pay. Vacation may be taken in one-half hour (1/2) increments. The Mayor or designee may waive the provisions of this section in extreme circumstances for the good of the City and advance vacation leave to an employee prior to the completion of twelve (12) months of employment; provided, employees shall reimburse the City for all used unearned vacation leave upon termination. B. AMOUNT AUTHORIZED Vacation leave shall be computed/accrued on the following basis: Years of Employment Hours of Vacation Earned 1st year-through the end of the 4th years 88 90 hours (3.4615 biweekly) 5th year -through the end of the 9th years 104 106 hours (4.0769 biweekly) 10th year -through the end of the 14th years 132 134 hours (5.1538 biweekly) 15th year -through the end of the 19th years 169 172 hours (6.6154 biweekly) 20th year -through the end of the 22nd years 184 188 hours (7.2308 biweekly) 23rd + years 202 206 hours (7.9231 biweekly) C. VACATION SCHEDULE Vacation leave shall be taken at a time convenient to and approved by the supervisor. While all employees are encouraged to take two (2) consecutive weeks of vacation each year, when eligible, the City may grant shorter periods of one (1) week or less. Each employee whose normal work schedule is Monday through Grand Island Council Session - 9/24/2019 Page 246 / 289 5 Friday shall take a period of vacation of at least one (1) week each year when eligible as follows. Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five (5) consecutive days. D. VACATION CARRY OVER Accrual of vacation hours will be calculated on a bi-weekly basis and will be reflected on the pay stubs. An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one (1) year, plus eighty (80) hours. E. VACATION CREDIT ON TERMINATION AND RETIREMENT Upon termination, an employee shall be paid for the unused portion of accumulated vacation leave provided such employee has completed twelve months of consecutive, full-time employment. An employee who has been separated shall not accrue vacation leave credits after his or her last day of actual work. ARTICLE VII MEDICAL AND BEREAVEMENT LEAVE A. AMOUNT AUTHORIZED 1. Medical Leave. Medical leave shall be credited into a medical leave account for each employee at the rate of eight (8) hours for each calendar month of service and may be taken in ½ hour increments. 2. Bereavement Leave. Bereavement leave shall be granted to eligible employees for up to twenty-four (24) hours per contract year for immediate family members and up to sixteen (16) hours per contract year for non-immediate family members. If the employee’s regularly scheduled shift is other than eight (8) hours per day, the employee may use medical leave to supplement the difference of hours needed to cover the scheduled shift to accommodate for an absence of up to three (3) days if needed to cover their scheduled shift. B. USE OF MEDICAL LEAVE Medical leave with pay must be accumulated before it can be taken and advancing medical leave is prohibited. Employees may utilize their allowances of medical leave when unable to perform their work duties by reason of personal illness, fatigue due to job related duties, noncompensable bodily injury, pregnancy, disease, or exposure to contagious diseases under circumstances in which the health of other employees or the public would be endangered by attendance on duty. Medical leave with pay may be utilized to keep medical or dental appointments. Medical leave may also be utilized for a maximum of two hundred (200) hours per contract year, per household to care for any members of an employee’s immediate family or household. For purposes of medical leave, “immediate family member” shall mean a child, spouse, parent and parents-in-law. “Child” shall include a biological, adopted or foster child, a step-child, a legal ward, or a child of a person standing in “loco parentis”. C. USE OF BEREAVEMENT LEAVE Upon completion of one (1) year of continuous service, an employee shall be eligible to use up to twenty-four (24) hours of paid bereavement leave for the death of an immediate family member. For purposes Grand Island Council Session - 9/24/2019 Page 247 / 289 6 of bereavement leave, “immediate family member” shall include son, daughter, sibling, spouse, parent, grandparent, grandchild, and in-laws of the same relation. Bereavement leave shall not exceed twenty-four (24) hours in any contract year for an immediate family member. Upon completion of one (1) year of continuous service, an employee shall be eligible to use up to sixteen (16) hours of paid bereavement leave for the death of a non-immediate family member. For purposes of bereavement leave, “non-immediate family member” shall include aunts, uncles, nieces and nephews. Bereavement leave shall not exceed sixteen (16) hours in any contract year for a non-immediate family member. D. MEDICAL LEAVE – REPORTS ON CONDITION When an employee finds it necessary to utilize medical leave, his or her supervisor should be notified immediately. An employee must keep the Police Chief informed of the employee’s condition. An employee may be required by the Police Chief to submit a medical record or certificate for any absence. Failure to fulfill these requirements may result in denial of medical leave. E. FRAUDULENT USE OF MEDICAL OR BEREAVEMENT LEAVE The Police Chief or his or her authorized representative may investigate any medical or bereavement leave taken by an employee. False or fraudulent use of medical or bereavement leave shall be cause for disciplinary action and may result in dismissal. F. NOTIFICATION If an employee is absent for reasons that entitle the employee to medical or bereavement leave, the employee or a member of employee’s household shall notify the supervisor on duty at least thirty (30) minutes prior to scheduled reporting time. If an employee fails to notify the supervisor, when it was reasonably possible to do so, no medical or bereavement leave shall be approved. Immediately upon return to work the employee shall submit a leave form request to his or her supervisor. G. COMPENSATION FOR UNUSED MEDICAL LEAVE AT RETIREMENT Each employee upon retirement shall be paid for thirty-seven and one-half percent (37.5%) of his or her accumulated medical leave, the rate of compensation to be based on the employee’s salary at the time of retirement. The maximum accumulation in a medical leave account shall be one thousand two hundred eighty (1,280) hours. The compensation for the death of an employee not occurring in the line of duty shall be made to the employee’s beneficiary or estate at the rate of thirty-seven and one-half percent (37.5%) of the medical leave account, not to exceed one thousand two hundred eighty (1,280) hours. An employee may accumulate medical leave to a maximum of 1,887 hours. 1. All employees shall be paid twenty percent (20%) for their accumulated medical leave at separation of employment after twenty (20) years of service. 2. All employees shall be paid forty percent (40%) for their accumulated medical leave at separation of employment after twenty -five (25) years of service. Grand Island Council Session - 9/24/2019 Page 248 / 289 7 3. An employee shall be paid fifty percent (50%) of accumulated medical leave for a death not occurring in the line of duty. 4. An employee shall be paid one hundred percent (100%) of accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. The payout for medical leave shall go to the employee’s Voluntary Employee Benefits Association (VEBA) account. H. COMPENSATION FOR UNUSED MEDICAL LEAVE UPON DEATH IN THE LINE OF DUTY If an employee is killed in the line of duty, there shall be paid one hundred percent (100%) of his or her accumulated medical leave, not to exceed one thousand two hundred eighty (1,280) hours. The rate of compensation is to be based upon the employee’s salary at the time of death. Payment for this benefit shall be included in the final payroll check. I. FAMILY AND MEDICAL LEAVE ACT POLICY Employees shall be covered by the City’s Family and Medical Leave Act Policy, as set forth in the Employee Reference Manual. ARTICLE VIII SPECIAL PAY A. CALL IN PAY In the event that an employee is called in to work while off duty, the employee shall be paid for a minimum of two (2) hours at the one and one-half (1.5) times the regular rate of pay and for any additional time worked thereafter. In the event that notification is made at least twenty one fourteen (2114) days in advance, the employee will not qualify for call in pay. B. STANDBY PAY When an employee is directed to be on standby duty by the Chief of Police or designated Captain, the employee shall receive one (1) hour of straight time pay for each eight (8) hours of standby duty or any fraction thereof that occurs between regularly assigned duty shifts. C. DECLARED WEATHER EVENT Weather Event Leave shall only be used if the Mayor or designee declares a day as a weather event and notifies non-essential employees either not to report to work or discontinue work due to weather conditions. This leave is separate from any other leave and will not be used to reduce any leave accumulated in those leave banks. To be eligible to use Weather Event Leave, the employee must have been scheduled to be at work on the day and time the weather event is declared. Employees scheduled for a holiday, vacation, annual leave or medical Grand Island Council Session - 9/24/2019 Page 249 / 289 8 leave are ineligible to use Weather Event Leave. Weather Event Leave does not count towards overtime. The weather event only applies for the date stated in the declaration. Only essential personnel shall be paid 1.5 times their regular rate of pay for hours worked during the day and time the weather event is declared. Non-essential personnel shall be dismissed and receive their scheduled hours of pay up to eight (8) hours at their regular rate of pay. ARTICLE IX MILITARY LEAVE The City will follow provisions relating to military training leave are as provided by Section 55-160 Neb. Rev. Stat., 1943, et. seq., as amended § 55-160. The City also recognizes and abides by the Nebraska Family Military Leave Act as provided by Neb. Rev. Stat. § 55-102 and Neb. Rev. Stat. § 55-503. ARTICLE X COURT LEAVE A. WHEN AUTHORIZED Any employee required to attend as a witness or in any other capacity directly related to his or her official duties, in any case during session of the juvenile court, county court, district court, mental health board, department of motor vehicles, or before any grand jury proceedings, during off-duty periods, shall be entitled to compensation at the rate of pay of 1.5 times the regular rate of pay for each appearance at a minimum of two hours or for the actual time, if longer. All appearances before any tribunal prior to its noon recess of any given day shall be considered one appearance. All appearances before any tribunal subsequent to its noon recess of any given day shall be considered one appearance. When the employee is testifying in other litigation to which he or she is a party, such employee shall not be granted court leave but may use vacation leave or compensatory time or be granted leave without pay for the length of such service. It is recognized that the court pay at the rate of 1.5 times the regular rate of pay is considered premium pay and court time shall not count as hours worked for the calculation of overtime. B. PROCEDURE An employee who is called for witness or jury duty shall present to his or her supervisor the original summons or subpoena from the court and, at the conclusion of such duty, a signed statement from the clerk of the court, or other evidence, showing the actual time in attendance at court. C. FEES Fees received for jury service in a federal, state, county, police or municipal court shall be deposited with the City Finance Director upon the employee’s receipt thereof, provided, this requirement shall not apply to funds received by employees when they would not normally be on duty with the City. No employee shall receive witness fees paid from City funds. ARTICLE XI DISABILITY Grand Island Council Session - 9/24/2019 Page 250 / 289 9 1. If any police officer or sergeant becomes disabled, such employee shall be placed on the roll of pensioned police officers at the regular retirement pension of fifty percent (50%) of regular pay for the period of such disability. For purposes of this Article, “disability” shall mean the complete inability of the police officer, for reasons of accident or other cause while in the line of duty, to perform the duties of the police officer. 2. In the case of temporary disability of an employee covered by this agreement, received while in the line of duty, he or she shall receive his or her salary during the continuance of such disability for a period not to exceed twelve (12) months, except that if it is ascertained by the City Council or the proper municipal authorities within twelve (12) months of such temporary disability has become a disability as defined in the paragraph preceding, then the salary shall cease and he/she shall be entitled to the benefits for pension in the case of disability as provided by Nebraska statutes. 3. All payments of pension or salary provided by this Article shall be subject to deduction of amounts paid under the Nebraska Workers Compensation Act. Such payments shall not commence until all credit for unused annual or medical leave or other similar credits have been fully utilized by the disabled employee if there will be no impairment to his/her salary during the period of disability. 4. No employee covered by this agreement shall be entitled during any period of temporary disability to receive in full both his/her salary and his/her benefits under the Nebraska Workers Compensation Act. All Nebraska Workers Compensation benefits shall be payable in full to such police officer as provided in the Nebraska Workers Compensation Act, but all amounts paid by the City or its insurer under the Nebraska Workers Compensation Act to any disabled police officer entitled to receive a salary during such disability, shall be considered as payments on account of such salary and shall be credited thereon. The remaining balance of such salary, if any, shall be payable as otherwise provided by Nebraska law. 5. Pursuant to the waiting provisions in Section 48-119 of the Nebraska Workers Compensation Act, no workers compensation shall be allowed during the first seven (7) calendar days following the date of injury or date that temporary disability begins, unless the disability continues for six (6) weeks or longer. When the disability lasts less than six (6) weeks, an employee may use medical or vacation leave for the initial seven (7) days. If no other leave is available, the City shall grant the employee temporary disability leave. If the disability continues for six (6) weeks or longer, the employee will be credited with any medical or vacation leave taken during the initial waiting period. 6. While on leave due to a temporary disability while in the line of duty, the total compensation paid to an employee, including salary, wages, workers compensation benefits, and leave pay collected from any other party (except the employee’s private insurance) shall not exceed the employee’s salary at the time of the commencement of the leave, plus any allowed and approved cost of living increase which commences during the period of leave. 7. The City reserves the right of subrogation because of payment of temporary disability leave to any employee who is disabled or injured by a third party, and reserves the right to pursue collection from the employee of any money paid by the party to the extent of the City’s payment of temporary disability leave. Should the employee receiving temporary disability leave collect from the third party for salary, wages or expenses otherwise paid by the City, he or she will reimburse the City for money paid as temporary disability leave or expenses resulting from the injury. Grand Island Council Session - 9/24/2019 Page 251 / 289 10 8. Nothing in this Article shall be interpreted to mean that the City shall have the right to initiate civil litigation in the name of the employee against the party or representative or such party until after receiving consultation and advice of the employee and a signed waiver to that effect. 9. A light duty policy will be maintained by the City to accommodate employees who have been injured in the work place to return to work as soon as possible. The commencement of light duty work and/or modified duty work shall be five (5) calendar days from the date of injury. Any changes in shifts to accommodate the light duty work shall be made in the interim. Any employee who is medically released for light duty may commence light duty work and/or modified duty work earlier than the five (5) days from the date of injury if the employee is willing to do so. During the five (5) day period, between a date of injury and the beginning of light duty work and/or modified duty work, any employee who does not willingly return to light duty work, who is released by a doctor to do so, shall be required to take medical leave for any regularly scheduled shifts that are missed. If medical leave is unavailable to the employee, vacation leave may be used in lieu of medical leave. Day one shall constitute the date of injury, and day six shall be the day the employee begins light duty work. If the employee continues to work full duty after the date of injury, the five (5) day notice shall begin on the date of the doctor appointment in which light duty work is recommended. Once an employee begins light duty work, the employee is required to continue light duty work until released for full duty or until the maximum light duty period expires pursuant to city policy. ARTICLE XII GENERAL PROVISIONS CONCERNING LEAVE A. ABSENT WITHOUT APPROVAL An employee who is absent from duty without approval shall receive no pay for the duration of the absence and, unless there is a legitimate reason for the absence, shall be subject to disciplinary action, which may include dismissal. B. AUTHORIZED LEAVE FORMSREQUESTS For all leave except unforeseeable medical leave or other emergency situations, a written leave request on an authorized form, indicating the kind of leave, duration and dates of departure and return, must be approved prior to the taking of the leave. In the case of unforeseeable medical leave or other emergency, the request shall be completed and submitted for approval upon the employee’s return to duty. Unless an absence is substantiated by notation on an authorized form approved by the supervisor, a leave request approved by the supervisor substantiates an absence, an employee shall not be paid for any absence from scheduled work hours. C. LEAVE COVERED BY FMLA Employees who anticipate taking leave governed by the FMLA are required to provide written notice of their intent as set forth in the City’s FMLA Policy. ARTICLE XIII PENSION RETIREMENT PLAN Grand Island Council Session - 9/24/2019 Page 252 / 289 11 The City agrees that the employees covered under this agreement are covered under the pension plan as provided by state statutes, as amended. ARTICLE XIV FITNESS FOR DUTY The City maintains the right to test for fitness for duty. ARTICLE XV RATES OF PAY FOR WORK PERFORMED The rates of pay for work performed under this agreement shall be: A. 2016 – 20172019 - 2020 FISCAL YEAR Rates of pay from October 1, 2016 2019 through September 30, 20172020, for work performed in the various classes of work under this agreement shall be as shown on the pay plan, attached hereto as Exhibit “A” and shall take effect the first full pay period of October 20162019. B. 2017 -– 20182020 - 2021 FISCAL YEAR Effective in the first full pay period of October 20172020, for work performed in the various classes of work under this agreement shall be as shown on the pay plan, attached hereto as Exhibit “B”. of the pay ranges for police officer and police sergeant shall be adjusted by a salary adjustment of 2.5%. See Exhibit “B”. Beginning with the first full pay period of October 2017 the number of pay steps will be reduced from 11 steps to 10 steps as shown on Exhibit “B” attached hereto. C. 2018 – 20192021 - 2022 FISCAL YEAR Effective in the first full pay period of October 20182021, for work performed in the various classes of work under this agreement shall be as shown on the pay plan, attached hereto as Exhibit “C”. steps 1 through 10 of the pay ranges for police officer and police sergeant shall be adjusted by a salary adjustment of 2.5% as shown on Exhibit “C” attached hereto. See D. PAY STEP UPON DEMOTION An employee who fails to satisfactorily perform the duties of a classification into which he/she has been promoted may be demoted to the classification from which promoted. Such employee shall return to the same pay step held prior to promotion with the same regular status held prior to promotion. E. COMPENSATORY TIME In lieu of payment for overtime hours worked, the employee may elect to take compensatory time off. One and one-half (1½) hours of compensatory time shall be credited for each overtime hour worked. Unused accumulated compensatory time may be converted to overtime pay only upon termination of employment unless otherwise authorized by the Chief of Police. Compensatory time may not be used on a holiday. Compensatory time may be accumulated up to ninety-sixone-hundred ten (96110) hours annually (64 73.33 actual hours worked) with the year commencing October 1. All compensatory time that is not used prior to the Grand Island Council Session - 9/24/2019 Page 253 / 289 12 last pay period before September 30th of each year shall be paid out in cash to the employee at the regular hourly rate for the hours left in the compensatory time bank. The pay-out for the unused compensatory time shall occur in the last full pay period prior to October 1. It shall be permissible to use less than eight (8) hours at a time. Compensatory time shall be used only with the approval of the Chief or the Chief’s designated representative. Compensatory time must be recorded through the City payroll system. F. FIELD TRAINING OFFICER Any Police Officer assigned as a Field Training Officer shall, in addition to his/her regular salary, be paid $1.00 per hour while actively working with a trainee or other issues directly concerning a trainee which may include: post shift reporting, training, periodic meetings and court appearances with the trainee. G. LONGEVITY Effective the first full pay period in October 2016, iIn addition to an employee's base salary provided for elsewhere in this Agreement, each employee of the bargaining unit shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following annual longevity pay rate schedule shall apply: 5 years $ 350.00 (Beginning of 6th Year) 10 years $ 645.50 (Beginning 11th Year) 15 years $ 830.50870.00 (Beginning 16th Year) 20 years $1,032.501,096.00 (Beginning 21st Year) 25 Yyears $1,247.501,270.00 (Beginning 26th Year) H. SHIFT DIFFERENTIAL Effective the first full pay period in January 2017, aAll employees who are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours shall be paid an additional thirtyforty-five cents ($0.345) per hour. The shift differential shall be included as an addition to the employee’s hourly rate. ARTICLE XVI PAY PLAN STRUCTURE A. ADMINISTRATION OF PAY SCHEDULE 1. Officers and Sergeants All classifications will be considered for pay schedule step increases upon receiving satisfactory performance appraisals with said step increases to be effective on the first day of the pay period following the event for change according to the following schedule: Step 1. Entry level; Step 2. Upon successful completion of twelve (12) months of service in step 1 of the job classification and upon receiving a satisfactory performance appraisal; Grand Island Council Session - 9/24/2019 Page 254 / 289 13 Step 3. Upon successful completion of twelve (12) months of service in step 2 of the job classification and upon receiving a satisfactory performance appraisal; Step 4. Upon successful completion of twelve (12) months of service in step 3 of the job classification and upon receiving a satisfactory performance appraisal; Step 5. Upon successful completion of twelve (12) months of service in step 4 of the job classification and upon receiving a satisfactory performance appraisal; Step 6. Upon successful completion of twelve (12) months of service in step 5 of the job classification and upon receiving a satisfactory performance appraisal; Step 7. Upon successful completion of twelve (12) months of service in step 6 of the job classification and upon receiving a satisfactory performance appraisal; Step 8. Upon successful completion of twelve (12) months of service in step 7 of the job classification and upon receiving a satisfactory performance appraisal; Step 9. Upon successful completion of twelve (12) months of service in step 8 of the job classification and upon receiving a satisfactory performance appraisal; Step 10. Upon successful completion of twelve (12) months of service in step 9 of the job classification and upon receiving a satisfactory performance appraisal; Step 11. Upon successful completion of twelve (12) months of service in step 10 of the job classification and upon receiving a satisfactory performance appraisal. Beginning with the first full pay period in October of 2017, step 11 will be eliminated resulting in a 10 step plan. Employees will be placed in the pay plan according to years of service. When applicable, placement will take into account additional pay step incentives applied at the time of hire for education, experience and/or certifications. Placement in the new step plan will not affect an employee’s current step and appraisal anniversary date. 2. An employee who is promoted shall be placed in the step of the new pay grade that insures at least a three percent (3%) increase in pay. Upon successful completion of the six (6) month introductory period in the new position and upon receiving a satisfactory performance appraisal, an employee shall move to the next step in the pay scale. 3. The Mayor may evaluate the manner of performance of any employee, all employees, or any portion of the employees at any time during such employees’ service. Any adjustments in the pay of such evaluated employees, including introductory employees’ step adjustments, shall be effective on the first day of a pay period falling on or immediately after such adjustment. 4. Employees, prior to advancing in step or grade, shall be evaluated using the City’s performance appraisal system. Such appraisal shall take place yearly. Should an employee receive an appraisal indicating unsatisfactory performance, that employee will not receive an increase in pay, other than increases in pay lines for each classification. Grand Island Council Session - 9/24/2019 Page 255 / 289 14 5. In no case shall any employee be advanced beyond the maximum rate of the pay grade for his/her class of position. B. INTRODUCTORY PERIOD As set forth in the Nebraska Civil Service Act and the Grand Island Civil Service Commission Rules and Regulations, no appointment, employment, or promotion in any position in the service shall be deemed complete until after the expiration of one year after certification by the Nebraska Law Enforcement Training Center for police officers. ARTICLE XVII EMPLOYEE RELATIONS A. GENERAL Every employee in the police division shall fulfill conscientiously the duties and responsibilities of his/her position. Every employee shall conduct himself or herself at all times in a manner which reflects credit on the service. Every employee shall be impartial in all official acts and shall in no way endanger nor give occasion for distrust of his/her impartiality. B. MEMBERSHIP IN F.O.P. The parties hereby agree that no officers, agents, representatives, members, or anyone connected with either party shall in any manner intimidate, coerce, restrain, or interfere with the rights of employees to form, join or assist labor organizations, or to refrain from any of these activities, including the right of employees to withdraw, revoke or cancel F.O.P. membership. C. DISCIPLINARY ACTION 1. Cause: Cause for disciplinary action against any employee shall include any cause so specified in the Employee Personnel Rules of the City of Grand Island, the Police Department Policy and Procedures Manual and the rules and regulations of the City Civil Service Commission. 2. Reprimand: The Police Chief or designated representative may reprimand any employee for cause. Such reprimand may be in writing and addressed and presented to the employee who will initial receipt. A signed copy shall be delivered to the Mayor’s office for inclusion in the employee’s personnel file. The employee may submit an explanation or rebuttal. 3. Civil Service: It is agreed by the parties that all applicable provisions of the Rules and Regulations of the Grand Island Civil Service Commission are hereby made part of this agreement and by this reference made part hereof. It is the policy of the City of Grand Island to provide a system of progressive discipline which affords an opportunity for the resolution of unsatisfactory employee performance or conduct. Such system shall include an appeal procedure to assure the equitable and consistent application of discipline. Grand Island Council Session - 9/24/2019 Page 256 / 289 15 Discipline may begin with the least severe disciplinary action and progress, if necessary, to more severe actions. However, the severity of the incident may warrant any level of initial disciplinary action. ARTICLE XVIII GRIEVANCE PROCEDURE A. PROCEDURE An alleged grievance arising from an employee shall be handled in the following manner: A grievance for the purpose of the agreement refers to a question of interpretation, application, and meaning of the terms of the labor agreement between the City and the F.O.P. Employees shall raise and thoroughly discuss any matters of disagreement with their immediate supervisor in order to informally resolve as many matters as possible. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, the act or acts of commission, the time and place of the act of commission or omission, the identity of the party or parties who claim to be aggrieved, the provisions of this agreement that are alleged to have been violated and the remedy which is sought. In the event that satisfactory settlement is not or cannot be reached after the matter has been informally raised with the immediate supervisor, the following procedure shall be used in submission of a grievance. 1. First Step – Any employee who believes that he/she has a justifiable request or grievance shall discuss the request or complaint within five (5) calendar days with the Captain, with or without the F.O.P. representative being present, as the employee may elect, in an attempt to settle the same. If a grievance or request has not been satisfactorily resolved in Step One, it may be presented in writing and proceed to Step Two only if the F.O.P. representative determines that it constitutes a meritorious grievance. A grievance to be considered beyond Step One must be filed in writing with the Police Chief on the form provided by the City. 2. Second Step – The Police Chief shall consider the grievance and notify the employee in writing within seven (7) calendar days after receipt of the grievance. 3. Third Step – If the grievance is not settled to the satisfaction of the employee, the employee or employee’s representative shall present it in writing to the Mayor of the City or the Mayor’s designated representative within seven (7) calendar days after the decision of the Police Chief. The Mayor or designated representative shall notify the employee of the decision made and of any action taken within ten (10) calendar days after receipt of the grievance. 4. Fourth Step – If the grievance is not settled to the satisfaction of the employee, he/she may appeal, within ten (10) days after receipt of the City’s decision to a court of competent jurisdiction. Grand Island Council Session - 9/24/2019 Page 257 / 289 16 The grievant may use vacation leave to prepare or present the case. Nothing in this agreement shall prevent the grievant from including in his or her petition a prayer for remuneration for time expended in the preparation, trial, or other time lost relating to grievance under consideration. B. GENERAL CONDITIONS All grievances shall be presented by the employee in person. The employee shall not be paid for any time used to present a grievance. An employee must obtain the permission of the immediate supervisor before leaving the job to present a grievance. (None of the above precludes the possibility of meetings at any step of the grievance procedure among the parties involved to discuss the issues and to attempt to settle them at that step). Nothing in the foregoing provisions shall be construed to apply to the extent, if any, that such provisions may become in conflict with a duly enacted statute of the state or a decision of the court of competent jurisdiction. The time limits provided in this Article shall be strictly construed and the failure of any moving party to meet the time limits listed in this Article relative to the processing of the grievance shall constitute an unconditional acceptance of the remedy promulgated at the last step, or constitute a rescission of the act giving rise to the grievance, whichever is appropriate. ARTICLE XIX OTHER BENEFITS A. MEDICAL, DENTAL AND LONG TERM DISABILITY INSURANCE Except as modified by this Article XIX, Section A., Tthe City agrees to provide health, dental, and long- term disability insurance during the term of this agreement for the employee and the employee’s eligible dependents at the same eligibility benefit level and employee contribution level as provided to non-union City employees under the City’s general group insurance plans. The City’s general insurance plans run from October 1 through September 30 of each year. The City shall make available a PPO plan for employees covered under this contract. Employee premiums for the PPO plan are as follows for the 2019-2020 plan year; Single coverage $207.90 per month, 2/4 coverage $414.76 per month, Family $619.50 per month. In the 2020-2021 plan year and the 2021-2022 plan year, employee premiums shall not increase more than 6% each plan year. The City shall make available a high deductible health plan (HDHP) for employees covered under this contract. Employee premiums for the HDHP are as follows: Year 1 HDHP Year 2 HDHP Coverage Type Employee Premium (per mo.) Plan Year "Seed" Money Coverage Type Employee Premium (per mo.) Plan Year "Seed" Money Single $75.81 $1,350.00 Single $77.33 $1,350.00 2/4 $175.52 $2,025.00 2/4 $179.03 $2,025.00 Family $258.98 $2,700.00 Family $264.16 $2,700.00 Year 3 HDHP Grand Island Council Session - 9/24/2019 Page 258 / 289 17 Coverage Type Employee Premium (per mo.) Plan Year "Seed" Money Single $78.87 $1,350.00 2/4 $182.61 $2,025.00 Family $269.44 $2,700.00 B. LIFE INSURANCE The City will provide a fifty thousand ($50,000.00) life insurance policy for the employee. Such policy contains an option allowing the employee to purchase additional insurance. The premium for the optional insurance shall be paid by the employee. C. DISCONTINUANCE OF INSURANCE 1. Except as provided under the City’s Family and Medical Leave Act (FMLA) Policy, or otherwise as required by law, an employee who is on a leave of absence without pay will be removed from coverage under the City’s hospitalization, dental and medical insurance plan on the first day of the month following the effective date of the leave and shall remain off the City’s plan for the duration of said leave of absence. Upon expiration of such leave and upon return of the employee to active duty, he or she will receive coverage on the first day of the month following his/her return. If the leave of absence is not covered by the FMLA policy, the employee shall have the option of retaining coverage under the City’s hospitalization, dental and medical insurance plan if the employee pays one-hundred percent (100%) of the premium cost during an approved leave of absence. 2. The employee will be required to pay the premium on the life insurance policy during any leave of absence. The employee shall pay both the City’s premium and employee’s premium, if any, during this period. D. UNIFORM ALLOWANCE The City shall provide for new employees covered under this contract upon hire, uniform items consisting of: four (4) long sleeved shirts; four (4) short sleeved shirts; four (4) pairs of pants; one (1) winter coat and body armor. New hires shall be allowed to receive from the city, a loan for the amount needed to buy the required uniform and equipment not to exceed Six-Hundred Dollars ($600.00) in addition to what is provided by the City at zero percent (0%) interest rate, with the loan to be repaid from the uniform allowance in its entirety until the loan is repaid in full. All employees covered by this agreement shall be designated as uniformed officers for the City. The City shall provide a uniform allowance to be paid semi-annually at the rate of Three Hundred Twenty Five Dollars ($325.00) per employee. The City shall provide to each employee covered by this agreement: brass, handcuffs, whistle, nightstick, case, flashlight, batteries for flashlight, a weapon, ammo clips and a belt. Grand Island Council Session - 9/24/2019 Page 259 / 289 18 The City shall replace body armor for each officer upon the failure of their body armor. A rotating schedule of replacement shall also be set up so that the body armor shall be replaced one time every five years by the City. The body armor shall be worn at all times by the employees while on duty unless a specific duty assigned, shall not require that the body armor be worn, and such exception to the mandatory wearing of body armor shall be signed specifically by the Chief of Police. Costs for replacement of personal equipment that is damaged, broken, or lost in the course and scope of employment will be reimbursed by the City as provided below. 1. Prescription eyeglasses or contact lenses will be reimbursed up to a replacement value of two hundred ($200) dollars. 2. Watches will be reimbursed up to a replacement value of one hundred ($100) dollars. E. TUITION AND BOOK REIMBURSEMENT PROGRAM Tuition and book reimbursement shall be available, subject to the following restrictions, for the purpose of enhancing the knowledge and skills of employees to better perform their current duties: 1. Qualification Process. The determination of whether a request qualifies for the tuition reimbursement program shall be made by the Chief of Police based upon the following considerations: a. Is there budget authority? b. Is the book necessary for said course, job related? c. Is there supervisor approval? d. Is the employee requesting reimbursement eligible for other assistance programs? 2. Approval Process. To receive tuition reimbursement, the employee must submit a “Tuition Request Form”, which shall contain the qualification information discussed above, as well as the employee’s financial request prior to beginning the course. Reimbursement approval is limited as follows: a. Base tuition and necessary books only. No reimbursement shall be allowed for other fees. b. If the employee is eligible for other assistance programs, the City will provide secondary benefits only. 3. Reimbursement Process. Any employee requesting tuition reimbursement shall submit a grade report indicating a “B” or higher, and the tuition request form to the Chief of Police for inclusion in the next payroll period. 4. Service Requirement. Tuition reimbursement is available to regular status employees. 5. Eligibility Requirements. Tuition reimbursement shall be limited as follows: Grand Island Council Session - 9/24/2019 Page 260 / 289 19 a. Less than two (2) years of service: $ 300.00 b. Two (2) to Five (5) years of service: $ 600.00 c. Five (5) to Ten (10) years of service: $2,000.00 d. Over ten (10) years of service: $3,000.00 Said amounts are to be approved annually from October 1 through the end of the following September. F. CAFETERIA PLAN The City agrees to maintain a pre-tax contribution plan for medical and hospitalization insurance as long as said plan is generally maintained for employees of the City. The employees covered by this contract shall be allowed to utilize said plan. The City also agrees to maintain a cafeteria plan for health care reimbursement and dependent care assistance, and allow the employees covered by this contract to utilize such plan as long as such plan is maintained for city employees of the City of Grand Island. G. EMPLOYEE ASSISTANCE PROGRAM The City agrees to allow the employees covered by this contract access to the Employee Assistance Program, as long as the City maintains such program. H. VOLUNTARY EMPLOYEE BENEFITS ASSOCIATION (VEBA) All employees shall participate in the group VEBA. A contribution will be made to the employee’s account each pay period in the amount of Twenty and No/100 Dollars ($20.00). Employees will have access to the money in their VEBA account for eligible medical expenses upon separation with the City. ARTICLE XX SENIORITY A. CONTINUOUS SERVICE Seniority shall be based on continuous length of service in a classification without a break or interruption; provided, that any suspension for disciplinary purposes, absence on authorized leave with pay, absence on authorized leave without pay, or lay-off for thirty (30) calendar days or less, shall not constitute a break of interruption of service within the meaning of this Article. B. DATE OF ENTRY Seniority shall commence from the date an employee enters a classification. C. LIST Grand Island Council Session - 9/24/2019 Page 261 / 289 20 A list of employees arranged in order of seniority by classification shall be maintained and revised and updated as is necessary. D. SAME DATE OF ENTRY Where two or more employees in the same classification were appointed on the same date, their seniority standing shall be determined by the Police Chief at that time and the individuals so notified. E. SHIFT VACANCY ASSIGNMENT Seniority shall be a primary consideration in granting employees preference relative to shift assignments when filling a vacancy. It is understood that the Chief of Police, in the best interests of the operation of the Police Department, shall retain all authority to make assignments as required to properly staff the Police Department and may reassign an officer to another shift. F. HIGHER CLASSIFICATION PREFERENCE When two (2) or more employees are promoted to a new classification from different classifications, the employee promoted in the higher classification shall be senior. G. DAYS OFF VACANCY ASSIGNMENT Seniority shall be a consideration in the assigning of days off when filling a classification vacancy. Seniority shall not be used to change established work schedules. ARTICLE XXI BILINGUAL PAY Eligible employees proficient in an approved second language shall be paid One Thousand Five hundred dollars ($1,500.00) per calendar year, such pay to be included in the second paycheck in November. The Chief of Police shall determine which languages are “approved” based upon the needs of the department as they relate to the population make-up of Grand Island. A test shall be developed by the Human Resources Department to test the proficiency of the employee in each approved language before an employee is eligible for bilingual pay. ARTICLE XXII HEALTH INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to aid in obtaining health and dental insurance. ARTICLE XXIII SAFETY COMMITTEE A. MEMBERS Grand Island Council Session - 9/24/2019 Page 262 / 289 21 There shall be a joint committee established, effective the date of ratification of this agreement, consisting of three (3) representatives of the City and three (3) members of the bargaining unit selected by the F.O.P. who shall, at regular intervals, meet to discuss safety problems, and if necessary, tour the premises. The first chairperson of said committee shall be a member of the F.O.P., said position thereafter to rotate annually between the City and the F.O.P. B. SUBJECTS All questions relating to safety, including equipment and procedures shall be considered proper subjects for discussion. C. COMMON CONCERN It is agreed by the parties that the question of safety is a common concern and to this end the parties agree to use all reasonable means of protecting the health and welfare of all employees. D. ADMINISTRATIVE REVIEW The recommendations of the safety committee shall be forwarded to the Chief of Police for review and consideration. The Chief of Police shall provide a response to such recommendations to both the Chief Administrative Officer of the City and the members of the safety committee within twenty (20) working days of receipt of the recommendation. An additional ten (10) working days will automatically be granted upon written request for additional time to respond. If no response has been made after the additional ten (10) days has elapsed, an F.O.P. representative on the committee may directly contact the Chief Administrative Officer for further action. ARTICLE XXIV MANAGEMENT RIGHTS A. COLLECTIVE BARGAINING The City has endorsed the practices and procedures of collective bargaining as an orderly way to conduct its relations with this group of employees, provided, that the City, acting through its chief administrative officer of the City, retains the right to effectively operate in a reasonable and efficient manner to serve the best interests of all the citizens of the City. B. RESERVED RIGHTS Except where limited by express provisions elsewhere in this agreement, nothing in the agreement shall be construed to restrict, limit, or impair the rights, powers and the authority of the City as granted to it under the laws of the State of Nebraska and City ordinances. These rights, powers and authority include, but are not limited to the following: 1. Discipline or discharge for cause whether arising under this agreement or City work rules. 2. Direct the work force. 3. Hire, assign or transfer employees. Grand Island Council Session - 9/24/2019 Page 263 / 289 22 4. Determine the mission of the City. 5. Determine the methods, means, number of personnel needed to carry out the City’s mission. 6. Introduce new or improved methods or facilities. 7. Change existing methods or facilities. 8. Relieve employees because of lack of work. 9. Contract out for goods or services. 10. The right to classify jobs and to allocate individual employees to appropriate classifications based upon duty assignments. The City will not abolish or change any bargaining unit classifications for the purpose of depriving the bargaining unit employees of their benefits under this agreement. C. SCOPE OF NEGOTIATIONS The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is, or may be, subject to collective bargaining. D. MATTERS NOT SPECIFICALLY MENTIONED Any and all matters not specifically mentioned in this agreement are reserved to the City. Such matters reserved to the City shall not be subject to grievance proceedings or negotiation during the life of this contract. E. CHIEF ADMINISTRATIVE OFFICER All industrial relation functions of the City shall be handled by the chief administrative officer of the City or designated representative. The F.O.P. agrees that it shall deal with the City only through the chief administrative officer of the City or designated representative. ARTICLE XXV GENERAL PROVISIONS A. F.O.P. CREDENTIALS No representative of the F.O.P. shall be permitted to come on any job site of the City for any reason without first presenting his/her credentials to the chief administrative officer of the City, Police Chief, or authorized representative, and obtaining permission. B. F.O.P. SOLICITATION The F.O.P. agrees that it or its members will not solicit membership in the F.O.P. or otherwise carry on F.O.P. activities during working hours or on City property, except with the written permission of the police Chief and or City Administrator. Grand Island Council Session - 9/24/2019 Page 264 / 289 23 C. DISCRIMINATION The City agrees not to discriminate against any employee on the basis of race, creed, color, sex, age or national origin, as provided by law. D. F.O.P. INTERFERENCE The City and the F.O.P. agree not to interfere with the right of employees to become or not to become members of the F.O.P., and further that there shall be no discrimination or coercion against any employee because of F.O.P. membership or non-membership. E. F.O.P. BULLETIN BOARD The City shall permit the FOP to use one bulletin board designated by the Chief of Police for posting of FOP meetings and elections, reports of FOP committees and other notices or announcements that would be of benefit or of interest to the employees. Posted materials shall not contain anything discriminatory or reflecting adversely upon the City or any of its employees. Any violation of this provision shall entitle the City to cancel immediately this provision of this Article and prohibit the FOP’s further use of the bulletin board. F. UNION TIME The City will allow Union Officers and members of the negotiation, retirement, insurance and safety committees (only) to use City email, City interoffice mail, and on-duty time for face-to-face conversations and phone calls to discuss Union matters with Human Resources, City Administration and the Chief of Police or designee. Such matters include but are not limited to grievances, scheduling of hearings and negotiation sessions and answering questions from Human Resources, City Administration and the Chief of Police or designee. ARTICLE XXVI STRIKES AND LOCKOUTS A. STRIKES Neither the F.O.P. nor any officers, agents, or employees will instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work or any other intentional interruption of the operations of the City, regardless of the reason for so doing. The F.O.P. shall attempt in good faith at all times to keep its members on the job during periods of negotiations and hearings for the settlement of grievances. If employees strike or in any manner slow down or stop work without F.O.P. authorization, the F.O.P. shall notify the City of the facts involved with the incident. Any or all employees who violate any of the provisions of this Article without F.O.P. sanction may be summarily discharged or disciplined by the City. Such discharge or discipline shall not be subject to grievance proceedings under any circumstances. B. LOCKOUTS Grand Island Council Session - 9/24/2019 Page 265 / 289 24 The City will not lock out any employee during the term of the agreement as a result of a labor dispute with the F.O.P. ARTICLE XXVII SEVERABILITY If any of the provisions of this agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statute or ordinances, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement. ARTICLE XXVIII SCOPE OF AGREEMENT A. COMPLETE AGREEMENT The parties mutually agree that this agreement constitutes the entire agreement and understanding concerning all proper subjects of collective bargaining for the duration of the agreement between the parties and supersedes all previous agreements. This agreement shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties. There are no oral agreements nor is this agreement based upon any oral representation covering the subject matter of this agreement. B. INTERPRETATION This agreement has been executed in accordance with the statutes and the laws of the State of Nebraska and the United States of America, and any dispute, disagreement, or litigation arising under this agreement shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. C. NEGOTIATIONS The parties agree that the negotiations preceding the signing of this agreement included negotiations on all proper subjects of bargaining and that all negotiations were conducted in accordance with all applicable federal and state requirements. ARTICLE XXIX C.I.R. WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the F.O.P., on behalf of all of its members, hereby knowingly, intelligently, and voluntarily waives its right to file any proceedings with the Nebraska Commission of Industrial Relations alleging lack of comparability with respect to any wages, fringe benefits or any other conditions of employment with respect to the time period between October 1, 2016 2019 through September 30, 20192022. The parties specifically agree that this waiver does not pertain to claims, actions, or suits brought pursuant to Neb. Rev. Stat. §48-824 and §48-825. ARTICLE XXX NON-DISCRIMINATION A. PROHIBITION OF DISCRIMINATION Grand Island Council Session - 9/24/2019 Page 266 / 289 25 All provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to sex, race, religion, color, creed, protected age, disability, veteran status, national origin, political affiliation, union or non-union membership. B. GENDER REFERENCES All references to employees in this agreement designate both sexes, and whenever the male or female gender is used, such term shall be construed to include both male and female employees. C. A.D.A. COMPLIANCE In order to allow the City to deal directly with disabled employees and to maintain confidentiality as required by the Americans with Disabilities Act, the Union hereby waives its right to object to the City’s good faith efforts to comply with the Americans with Disabilities Act with respect to employees in the bargaining unit. This waiver shall include, but is not limited to, the City’s direct dealing with employees in the bargaining unit with respect to accommodations, and the obligation of the City to maintain confidentiality with respect to medical conditions or medical histories of employees in the bargaining unit. ARTICLE XXXI DURATION OF CONTRACT A. EXPIRATION This agreement shall be effective upon signature by both parties hereto, October 1, 2016 2019 and shall continue in effect until midnight, September 30, 20192022. If a new and substitute agreement has not been duly entered into prior to the expiration date, all economic terms of the agreement shall continue in full force and effect unless modified in accordance and by implementation of the final offer of the City, or until a new agreement is reached, the Nebraska Commission of Industrial Relations (CIR) has made a determination, or the Nebraska Supreme Court has made a decision on appeal from any CIR decision, whichever of the above may be the first to occur. B. NEGOTIATIONS FOR NEW AGREEMENT The F.O.P. will contact the City to begin negotiations for a new agreement to take effect upon the termination of this agreement may begin any time after January 1, 2019 2022 but no later than February 1, 201928, 2022 and must be completed by May June 30, 2019 2022 for budget preparation purposes. C. CONTRACT NEGOTIATIONS Upon notification by either party, the parties shall mutually agree upon the time and place for the first negotiating session. Subsequent sessions shall be set by mutual agreement. Agreement in the setting of negotiating sessions shall not be unreasonably withheld by either party. Grand Island Council Session - 9/24/2019 Page 267 / 289 26 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the _____ day of __________________, 20162019. GRAND ISLAND LODGE NO. 24 OF THE FRATERNAL ORDER OF POLICE, By: ________________________________________________ Jarret Daugherty, President, Lodge No. 24 CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By: ________________________________________________ Jeremy L. JensenRoger G. Steele, Mayor Attest: ________________________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 268 / 289 27 EXHIBIT A STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE OFFICER HOURLY 22.6435 23.9902 25.4170 26.9287 28.5303 30.2271 32.0248 33.9295 35.9531 6005 BIWEEKLY 1,811.48 1,919.22 2,033.36 2,154.30 2,282.42 2,418.17 2,561.98 2,714.36 2,876.25 MONTHLY 3,924.87 4,158.31 4,405.61 4,667.65 4,945.24 5,239.37 5,550.96 5,881.11 6,231.88 ANNUAL 47,098.48 49,899.72 52,867.36 56,011.80 59,342.92 62,872.42 66,611.48 70,573.36 74,782.50 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE SERGEANT HOURLY 31.3672 32.5960 33.8730 35.2000 36.5789 38.0119 39.5010 41.0485 42.6610 6010 BIWEEKLY 2,509.38 2,607.68 2,709.84 2,816.00 2,926.31 3,040.95 3,160.08 3,283.88 3,412.88 MONTHLY 5,436.99 5,649.97 5,871.32 6,101.33 6,340.34 6,588.73 6,846.84 7,115.07 7,394.57 ANNUAL 65,243.88 67,799.68 70,455.84 73,216.00 76,084.06 79,064.70 82,162.08 85,380.88 88,734.88 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE LIEUTENANT HOURLY 34.6000 36.1027 37.6706 39.3066 41.0137 42.7949 44.6535 46.5927 48.6219 6020 BIWEEKLY 2,768.00 2,888.22 3,013.65 3,144.53 3,281.10 3,423.59 3,572.28 3,727.42 3,889.75 MONTHLY 5,997.33 6,257.81 6,529.58 6,813.15 7,109.05 7,417.78 7,739.94 8,076.08 8,427.79 ANNUAL 71,968.00 75,093.72 78,354.90 81,757.78 85,308.60 89,013.34 92,879.28 96,912.92 101,133.50 FY 2019 - 2020 FOP - YEAR ONE Grand Island Council Session - 9/24/2019 Page 269 / 289 28 EXHIBIT B STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE OFFICER HOURLY 23.3228 24.7099 26.1795 27.7366 29.3862 31.1339 32.9855 34.9474 37.0317 6005 BIWEEKLY 1,865.82 1,976.79 2,094.36 2,218.93 2,350.90 2,490.71 2,638.84 2,795.79 2,962.54 MONTHLY 4,042.61 4,283.05 4,537.78 4,807.68 5,093.62 5,396.54 5,717.49 6,057.55 6,418.84 ANNUAL 48,511.32 51,396.54 54,453.36 57,692.18 61,123.40 64,758.46 68,609.84 72,690.54 77,026.04 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE SERGEANT HOURLY 32.3082 33.5739 34.8892 36.2560 37.6763 39.1523 40.6860 42.2800 43.9408 6010 BIWEEKLY 2,584.66 2,685.91 2,791.14 2,900.48 3,014.10 3,132.18 3,254.88 3,382.40 3,515.26 MONTHLY 5,600.10 5,819.47 6,047.47 6,284.37 6,530.55 6,786.39 7,052.24 7,328.53 7,616.40 ANNUAL 67,201.16 69,833.66 72,569.64 75,412.48 78,366.60 81,436.68 84,626.88 87,942.40 91,396.76 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE LIEUTENANT HOURLY 35.6380 37.1858 38.8007 40.4858 42.2441 44.0787 45.9931 47.9905 50.0806 6020 BIWEEKLY 2,851.04 2,974.86 3,104.06 3,238.86 3,379.53 3,526.30 3,679.45 3,839.24 4,006.45 MONTHLY 6,177.25 6,445.53 6,725.46 7,017.53 7,322.32 7,640.32 7,972.14 8,318.35 8,680.64 ANNUAL 74,127.04 77,346.36 80,705.56 84,210.36 87,867.78 91,683.80 95,665.70 99,820.24 104,167.70 FOP - YEAR TWO FY 2020 - 2021 Grand Island Council Session - 9/24/2019 Page 270 / 289 29 EXHIBIT C STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE OFFICER HOURLY 24.0225 25.4512 26.9649 28.5687 30.2678 32.0679 33.9751 35.9958 38.1427 6005 BIWEEKLY 1,921.80 2,036.10 2,157.19 2,285.50 2,421.42 2,565.43 2,718.01 2,879.66 3,051.42 MONTHLY 4,163.90 4,411.55 4,673.91 4,951.92 5,246.41 5,558.43 5,889.02 6,239.26 6,611.41 ANNUAL 49,966.80 52,938.60 56,086.94 59,423.00 62,956.92 66,701.18 70,668.26 74,871.16 79,336.92 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE SERGEANT HOURLY 33.2774 34.5811 35.9359 37.3437 38.8066 40.3269 41.9066 43.5484 45.2590 6010 BIWEEKLY 2,662.19 2,766.49 2,874.87 2,987.50 3,104.53 3,226.15 3,352.53 3,483.87 3,620.72 MONTHLY 5,768.08 5,994.06 6,228.89 6,472.92 6,726.48 6,989.99 7,263.82 7,548.39 7,844.89 ANNUAL 69,216.94 71,928.74 74,746.62 77,675.00 80,717.78 83,879.90 87,165.78 90,580.62 94,138.72 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 POLICE LIEUTENANT HOURLY 36.7071 38.3014 39.9647 41.7004 43.5114 45.4011 47.3729 49.4302 51.5830 6020 BIWEEKLY 2,936.57 3,064.11 3,197.18 3,336.03 3,480.91 3,632.09 3,789.83 3,954.42 4,126.64 MONTHLY 6,362.57 6,638.91 6,927.22 7,228.07 7,541.97 7,869.53 8,211.30 8,567.91 8,941.05 ANNUAL 76,350.82 79,666.86 83,126.68 86,736.78 90,503.66 94,434.34 98,535.58 102,814.92 107,292.64 FOP - YEAR THREE FY 2021 - 2022 Grand Island Council Session - 9/24/2019 Page 271 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-300 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City Of Grand Island (City) has the authority to make all contracts and do all other acts in relation to the property and concerns of the City necessary to the exercise of its corporate powers; and WHEREAS, an employee bargaining unit at the City of Grand Island is represented by the Fraternal Order of Police, Grand Island Lodge No. 24 and WHEREAS, representatives of the City and the FOP met to negotiate a labor agreement, and WHEREAS, the City reached an agreement with the FOP and the agreement has been presented to City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Fraternal Order of Police, Grand Island Lodge No. 24 for the period of October 1, 2019 through September 30, 2022. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on September 24, 2019. _____________________________ Roger G. Steele, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 272 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item I-2 #2019-301 - Consideration of Approving Economic Development Incentive Agreement with Dramco Tool Co., Inc. Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/24/2019 Page 273 / 289 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:September 24, 2019 Subject:Approving Economic Development Incentive Agreement with Dramco Tool Co., Inc. Presenter(s):Jerry Janulewicz, City Administrator Background At the November 6, 2012 General Election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Area Economic Development Corporation (GIAEDC). The Economic Development Corporation has received an application from Dramco Tool Co., Inc., 502 Claude Road for building expansion and additional employees. On February 21, 2019, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Advisory Review Committee (CARC) for consideration and recommendation. The CARC met on March 7, 2019 and approved the request and Agreement for recommendation to the City Council for final action and approval. Discussion Dramco Tool Co., Inc. has submitted the required LB-840 application (see attached) for a forgivable loan in the amount of $150,000.00. Proposed is the creation of 7 additional full-time equivalent (FTE) employees with an average hourly wage of $17.00. Requested is $60,000.00 for job creation; $40,000.00 for job training; and $50,000.00 for infrastructure support totaling $150,000.00 to be paid over three years. Dramco Tool Co., Inc. currently has 48 employees here in Grand Island. This company derives its principal source of income from the manufacture of articles of commerce. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/24/2019 Page 274 / 289 1.Move to approve the Economic Development Agreement with Dramco Tool Co., Inc. 2.Do not approve the Economic Development Agreement with Dramco Tool Co., Inc. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with Dramco Tool Co., Inc. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with Dramco Tool Co., Inc. Grand Island Council Session - 9/24/2019 Page 275 / 289 Grand Island Council Session - 9/24/2019 Page 276 / 289 Grand Island Council Session - 9/24/2019 Page 277 / 289 Grand Island Council Session - 9/24/2019 Page 278 / 289 Grand Island Council Session - 9/24/2019 Page 279 / 289 Grand Island Council Session - 9/24/2019 Page 280 / 289 Grand Island Council Session - 9/24/2019 Page 281 / 289 Grand Island Council Session - 9/24/2019 Page 282 / 289 Grand Island Council Session - 9/24/2019 Page 283 / 289 Grand Island Council Session - 9/24/2019 Page 284 / 289 Grand Island Council Session - 9/24/2019 Page 285 / 289 Grand Island Council Session - 9/24/2019 Page 286 / 289 Grand Island Council Session - 9/24/2019 Page 287 / 289 Approved as to Form ¤ ___________ September 20, 2019 ¤ City Attorney R E S O L U T I O N 2019-301 WHEREAS, on November 6, 2012, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Dramco Tool Co., Inc. has applied for a forgivable loan for job creation, job training, and infrastructure support in the amount of $150,000.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation on February 21, 2019 and was approved on March 7, 2019 by the Citizens Advisory Review Committee; and WHEREAS, Dramco Tool Co., Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Dramco Tool Co., Inc. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City of Grand Island, the Grand Island Area Economic Development Corporation and Dramco Tool Co., Inc., to provide $150,000.00 in economic assistance to Dramco Tool Co., Inc. to be used for expanding its business in Grand Island, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2019 Page 288 / 289 City of Grand Island Tuesday, September 24, 2019 Council Session Item J-1 Approving Payment of Claims for the Period of September 11, 2019 through September 24, 2019 The Claims for the period of September 11, 2019 through September 24, 2019 for a total amount of $6,882,198.61. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 9/24/2019 Page 289 / 289